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2007-12-20 Regular Meeting
Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, December 20, 2007, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. *APPROVAL OF MINUTES A. Regular Meetings of September 20, October 4, October 18, and November 1, 2007. B. Special Meetings of September 27, November 20, and November 29, 2007. 6. AWARDS AND PRESENTATIONS A. Student of the Month 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS — None. 9. PUBLIC HEARING A. Ordinance No. 2008-01B Amending Ordinance No. 2008 -01 Fiscal Year 2008 Budget By Moving Funds Between Various General Fund Departments, Amending Budget to Actual Expenditures, and Budgeting for Several Grants. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Reconsideration of Ordinance No. FY2008 -11 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.16 Borough Assembly Section 2.16.060 Declaring and Filling Vacancies, and Chapter 2.17 Rules of the Assembly Section 2.17.070C Ordinances, Resolutions, and Motions. 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 13. NEW BUSINESS A. Contracts 1. Contract No. FY2008 -18 for the Construction of a New Swimming Pool. 2. *Contract No. FY2008 -19 for Shot Rock Development — Landfill Cover. 3. Contract No. FY2008 -20 for Telecommunication Services for the Kodiak Island Borough. 00610 ' solutions 1. Resolution No. FY2008 -20 Adopting a 2008 Rural Communities State Legislative Capital Improvement Projects Priority List. *Resolution No. FY2008 -21 Certifying the FY2008 Shared Fisheries N �� �� Business Tax Program Application To Be True and Correct. i)(k Resolution No. FY2008 -03B Amending Resolution No. FY2008 -03 to Appoint an Additional Member to the Kodiak Fisheries Advisory Committee (KFAC.) C. Ordinances for Introduction — None. D. Other Items 1. Acknowledging Receipt of the 2005 Gravel Task Force Final Report Presented November 21, 2007. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A Minutes of Other Meetings 1. Architectural /Engineering Review Board Meetings of July 9, July 30, July 31, August 1, and September 5, 2007. 2 Planning and Zoning Commission Regular Meeting of October 17, 2007. B. Reports 1. Kodiak Island Borough October and November 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 Captain ...lohn.Quinn__of_the.Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4./ Kodiak Island Borough Assembly Regular Meeting Guidelines December 20, 2007, 7:30 p.m., Assembly Chambers KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Assembly member Stutes is out on personal leave. Recommended motion: Move to specifically excuse any Assembly members that are absent. VOICE VOTE ON MOTION APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION TO APPROVE THE AGENDA. 5/ *APPROVAL OF MINUTES A. Regular Meetings of September 20, October 4, October 18, and November 1, 2007. B. Special Meetings of September 27, November 20, and November 29, 2007. 6. AWARDS AND PRESENTATIONS A. Student of the Month ,j Mayor Selby will present the award to Brianna Gibbs, a Senior at the Kodiak High School. 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS Kodiak Island Borough Assembly Guidelines December 20, 2007 Page 1 9. PUBLIC HEARING A. Ordinance No. FY2008 -01 B Amending Ordinance No. 2008 -01 Fiscal Year 2008 Budget By Moving Funds Between Various General Fund Departments, Amending Budget to Actual Expenditures, and Budgeting for Several Grants. Recommended motion: Move to adopt Ordinance No. FY2008 -01 B. Staff Report — Manager Gifford. Please note the substituted version is in the Assembly's packet and that it is available to the public. Recommended motion: Move to amend Ordinance No. FY2008 -01 B by substitution. Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Comments are limited to five minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION TO AMEND. ROLL CALL VOTE ON MOTION AS AMENDED. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR il UNFINISHED BUSINESS A. Reconsideration of Ordinance No. FY2008 -11 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.16 Borough Assembly Section 2.16.060 Declaring and Filling Vacancies, and Chapter 2.17 Rules of the Assembly Section 2.17.070C Ordinances, Resolutions, and Motions. Assembly member Branson should be the maker of the motion — any member of the Assembly may second the motion. Recommended motion: Move to reconsider the vote taken on Ordinance No. FY2008 -11. Discussion is to FOCUS ONLY on the reason to reconsider the vote. Kodiak Island Borough Assembly Guidelines December 20, 2007 Page 2 ROLL CALL VOTE ON MOTION TO RECONSIDER. If the motion to reconsider passes with a majority vote, the motion to adopt Ordinance No. FY2008 -11 is before the Assembly as if the original vote had not ken place. Different options are available to the Assembly includin a roposed version from Assembly member Branson which is attached on Assembly discussion — amendments may be offered at this time. ROLL CALL VOTE ON AMENDMENTS. ROLL CALL VOTE ON MOTION TO ADOPT AS AMENDED. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2008 -18 for the Construction of a New Swimming Pool. Recommended motion: Move to authorize the manager to execute Contract No. FY2008 -18 with Jannsen Contract Inc. in an amount not to exceed $11,683,895. Staff Report — Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Contract No. FY2008 -19 for Shot Rock Development — Landfill Cover. Clerk's note: Assembly member Lynch will declare a conflict of interest. Recommended motion: Move to authorize the manager to execute Contract No. FY2008 -19 with Brechan Enterprises, Inc. of Kodiak, AK in the amount not to exceed $127,900 for the period of December 20, 2007 through February 15, 2008. Staff Report — Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines December 20, 2007 Page 3 3. Contract No. FY2008 -20 for Telecommunication Services for the Kodiak Island Borough. Recommended motion: Move to authorize the manager to execute Contract No. FY2008 -20 for telecommunication services for the Kodiak Island Borough. Staff Report — Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions 1. Resolution No. FY2008 -20 Adopting a 2008 Rural Communities State Legislative Capital Improvement Projects Priority List. Recommended motion: Move to adopt Resolution No. FY2008 -20. Staff Report — Manager Gifford. Assembly discussion — amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. *Resolution No. FY2008 -21 Certifying the FY2008 Shared Fisheries Business Tax Program Application To Be True and Correct. 3. Resolution No. FY2008 -03B Amending Resolution No. FY2008 -03 to Appoint an Additional Member to the Kodiak Fisheries Advisory Committee (KFAC.) Recommended motion: Move to adopt Resolution No. FY2008 -03B. Staff Report — Manager Gifford. Assembly discussion — amendments may be offered at this time. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction — None. Kodiak Island Borough Assembly Guidelines December 20, 2007 Page 4 D. Other Items 1. Acknowledging Receipt of the 2005 Gravel Task Force Final Report Presented November 21, 2007. Recommended motion: Move to acknowledge receipt of the 2005 Gravel Task Force Final Report. Staff report — Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby. The Assembly will hold a work session and a special meeting on Thursday, December 27, 2007 at 7:30 p.m. in the Borough Conference Room. The regular meeting scheduled on Thursday, January 3 has been cancelled. Anyone who is interested in applying for the Assembly vacated seat may do so until Monday, December 24. The Borough offices will be closed on Tuesday, December 25 in observance of the Christmas Holiday. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines December 20, 2007 Page 5 BY: SECOND: BY: l SECOND1 el r\V BY: SECOND: ,G 4 �' \ V" L BY: Qo SECOND: Q b BY: SECOND: y \\ , \,, ` Y No Mr. Abell Ms. Branson Mr. Friend Yes No Mr. Abell Ms. Branson Mr. Friend Yes No �es Mr. Abell Ms. Branson 4, Mr. Friend V ✓ W' No Mr. Abell Ms. Branson Mr. Friend Yes ✓ V ✓ No Mr. Abell / Ms. Branson V Mr. Friend ✓ Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch / Ms. Lynch V Mr. Oswalt V Mr. Oswalt Mr. Oswalt Mr. Oswalt V Mr. Oswalt ✓ M S + M w &t DOES ANYONE WISH TO CHANGE THEIR VOTE? TOTAL TOTAL TOTAL TOTAL [' TOTAL y In case of a tie In case of a tie In case of a tie In case of a tie In case of a tie Mayor Selby - / V Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular 1 Special Convened: CI /assembly /roll call sheet KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: z� 2o1 0 7 Adjourned: BY: • SECOND 1 BY: SECOND: ��( ■ J BY: SECOND: SECO BY: SECOND: < �; BY: \, SECOND: Yes No Yes No Yes No Yes No Yes No Mr. Abell , Mr. Abell t Mr. Abell V Mr. Abell 41/4 / Mr. Abell Ms. Branson Ms. Branson Mr. Friend 1 Ms. Branson Mr. Friend ✓ Y Ms. Branson Mr. Friend V Y Ms. Branson Mr. Friend V ' Mr. Friend Ms. Jcffrc M. Ms. Lynch Ms. Lynch Mr. Oswalt PS: Stutc`. 1 � Ms. Lynch Mr. Oswalt or. v Ms. Lynch Mr. Oswalt M 6tetes- /✓ t "°. s-ly ____.- Mr. Oswalt ne c„ * N i Mr. Oswalt Mc. Stute DOES ANYONE WISH TO CHANGE THEIR VOTE? TOTAL TOTAL (,' TOTAL TOTAL ( TOTAL In case of a tie In case of a tie In case of a tie In case of a tie In case of a tie Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular V Special Convened: CI /assembly /roll call sheet KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: lA V( CD7 Adjourned: BY: SECOND: , BY: V SECOND: 's„)- A 5, BY: l''' _.) SECOND: — BY: ' ' SECOND: , 5 5 BY: U SECOND: -." , , e V (V Yes No Ye No Yes No Yes No Yes No Mr. Abell Mr. Abell Ms. Branson V Mr. Abell Ms. Branson Mr. Abell :1: Ms. Branson \,/ Mr. Abell Ms. Branson 't 1/ Ms. Branson V Mr. Friend t I Mr. Friend Ms. Lynch V. Mr. Oswalt V V V Mr. Friend Ms. Lynch Mr. Oswalt .:ik Mr. Friend \ Mr. Friend —PAth4e#Fey --- \/ ----- rivW:Stagn Ms. Lynch Mr. Oswalt Ms. Lynch Mr. Oswalt k / v Ms. Lynch v' Mr. Oswalt V ' 0.46444.tes—_—_. -' DOES TOTAL ANYONE 6 L WISH TO CHANGE TOTAL r THEIR .„ VOTE? TOTAL D TOTAL 1) TOTAL -",--, In case of a tie In case of a tie In case of a tie In case of a tie In case of a tie Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular 1 Special Convened: Cl/assembly/roll call sheet KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: / c Adjourned: Please print your name KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: L `, (20 261 Please print your name tk e -7) Ekij AWARDS AND PRESENTATIONS CITIZENS' COMMENTS KODIAK ISLAND BOROUGH Regular Assembly Meeting September 20, 2007 A regular meeting of the Kodiak Island Borough Assembly was held September 20, 2007 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Barbara Williams. Absent was Assembly member Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA AND CONSENT AGENDA WILLIAMS moved to approve the agenda and consent agenda, seconded by FRIEND. VOICE VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA CARRIED UNANIMOUSLY. The following items were approved under consent agenda: • Kodiak Island Borough Regular Meetings of August 2 and August 16, 2007. • Contract No. FY2008 -11 Agreement for Analytical Laboratory Services. • Resolution No. FY2008 -06 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. • Approval of Workers for the October 2, 2007 Regular Municipal Election Workers Mayor Selby proclaimed September 25, 2007 as "National First Responder Appreciation Day" honoring and celebrating the contributions and sacrifices made by all first responders in the United States. Certificates were presented to Trooper Grant Cooper of the Alaska State Troopers, Terri Stone of Chiniak EMS Responders, Bob Juhlin of the Womens Bay Fire Station, and Jim Pickett of the Bayside Fire Station. Stephen Tauffen and Shawn Dochterman spoke regarding the need for the City of Kodiak and the Kodiak Island Borough to support the Crewmen's proposal by resolution. Alex Turner would like the Assembly to support a proposal to prohibit smoking in bars and restaurants in Kodiak. She was directed to address a letter to the City of Kodiak and the Borough of Kodiak regarding her concerns. Rhonda Maker spoke in support of Stephen Tauffen and Shawn Dochterman's request. The following commented on Ordinance No. FY2008 -07: Kodiak Island Borough Assembly Minutes September 20, 2007 Page 1 Hans Tschersich Mike Sweeney Bill Hinkle Matt Keplinger Todd Hiner Jane! Keplinger Nathan Rose Russel Pruitt COMMITTEE REPORTS PUBLIC HEARING Craig Baker Susan Schmeisser Vanney Steil Iver Malutin Steve Hall Ed Coe Jeff Stewart Mike Sirofchuck Assembly member Branson, Assembly Representative on the Providence Kodiak Island Service Area Community Hospital Board reported that a new MRI machine would be installed at the hospital in October, and the first procedure should be available in November. Assembly member Sue Jeffrey, Assembly Representative on the Kodiak Fishery Advisory Committee (KFAC), reported the Committee met today and consensus was reached on the following. • Supporting efforts to encourage the State to secure seafood harvesting labor data. • An 18 month review period of crab rationalization. • Next meeting scheduled for October 18, 9 a.m. to noon at Kodiak College. Ordinance No. FY2008 -03 Determining the Disposition of Tax Foreclosed Properties From 2005 and Prior Tax years, Establishing Intention to Surplus and Sell the Same, Finding That a Public Need Does Not Exist for These Properties, and Authorizing Land Sale Number Sixteen's Terms and Conditions. WILLIAMS moved to adopt Ordinance No. FY2008 -03, seconded by BRANSON. Manager Gifford reported that this process is required by code. He reported that P &Z had reviewed the list in accordance with KIB Code and has held the necessary public hearings. Staff recommended that the foreclosed parcels be sold by bids. Mayor Selby opened public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Williams BOROUGH MANAGER'S REPORT Manager Gifford reported the Borough is currently working with the National Guard and City of Kodiak to sign a lease for the pool site. Construction bid for the Community Health Center has been advertised. Borough -wide comprehensive plan is in its final draft and will be before commission October 17, 2007. Anton Larsen project is back on track. In 2007, 27 junk vehicles were disposed and staff will continue to work on a Fall clean -up. He noted it was found that there was soil contamination with the replacement of the high school underground fuel tank project. Borough staff will work closely with DEC. The Assembly was invited to meet with Providence Hospital Board on September 21, 2007. Manager Gifford reported that he will be out of town September 24, 2007 for AMUJIA meeting in Anchorage. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby attended an Airport EIS safety meeting on September 19, 2007. Detailed information about the proposed increase in the length of the runways for safety reasons will be made available through the Clerk's office. Kodiak Kenai Cable Company has also presented a plaque thanking the Borough for its involvement in the fiber optic project. Another presentation was made designating "Kodiak as a Coast Guard City /Community." Kodiak Island Borough Assembly Minutes September 20, 2007 Page 2 UNFINISHED BUSINESS — None. NEW BUSINESS RESOLUTIONS 1. Resolution No. FY2008 -07 Adopting a State Legislative Capital Improvement Projects Priority List for the 2008 Legislative Session. BRANSON moved to adopt Resolution No. FY2008 -07, seconded by FRIEND. Manager Gifford read the CIP list of 2008. Assembly member Oswalt would like to see the Anton Larsen Road project on the list rather than the ferry system. Assembly member Branson was glad to see the amounts requested from the State in comparison with the total cost of the project. She was happy to see the CIP list made available would like to know the amount of money requested from the state in comparison with the total cost of the project. Assembly member Branson was happy to see the CIP list made available in a timely manner. Assembly member Abell stated that his residence is located in the paving area that may receive funding under No. 7. Assembly member Jeffrey stated that she was in support of the Baranof Park and improvements City project. ABELL moved to amend the word "may" to "will" in the corrected version No. 7, seconded by BRANSON. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY; Branson, Friend, Jeffrey, Lynch, Oswalt, Williams, and Abell ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Williams, Abell and Branson After a 15- minute recess, Mayor Selby reconvened the meeting at 9:15 p.m. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2008 -06 Rezoning 15.9 Acres (Proposed Lots 3 &4 Stratman Subdivision, U.S. Survey 4964) From C- Conservation Zoning District To RNC -Rural Neighborhood Commercial District (P &Z Case 08 -006.) OSWALT moved to adopt Ordinance No. FY2008 -06 in first reading to advance to public hearing on October 4, 2007, seconded by FRIEND. Manager Gifford reported that this issue was brought before P &Z as a public hearing item. Staff recommended this case to the Assembly for review and recommended that this ordinance advance to public hearing. Kodiak Island Borough Assembly Minutes September 20, 2007 Page 3 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Walliams, Abell, Branson, and Friend. 2. Ordinance No. FY2008 -07 Prohibiting the Use of High Speed Watercraft on Designated Lakes. WILLIAMS moved to adopt Ordinance No. FY2008 -07 in first reading to advance to public hearing on October 4, 2007, seconded by OSWALT. Manager Gifford reported that this Ordinance was requested by Assembly member Williams and drafted by Borough Attorney. Discussion ensued about this being a community issue and focus was given about the enforcement of rules. LYNCH moved to postpone Ordinance No. FY2008 -07 indefinitely, seconded by JEFFREY. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED, Oswalt, Williams, Abell, Branson, Friend and Jeffrey (Nays); Lynch (Aye) ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Williams, Abell, Branson, Friend, Jeffrey, and Lynch 3. Ordinance No. FY2008 -08 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance - Management and Accounting Section 3.04.020 Permissible Investments Section 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest in Changing the Investments Allowed in the Facilities Fund, and Changing Disbursements from the Facilities Fund from a Percent of Interest Earned to a Percent of Market Value (POMV.) BRANSON moved to adopt Ordinance No. FY2008 -08 in first reading to advance to public hearing on October 4, 2007, seconded by FRIEND. Manager Gifford reported that this ordinance allowed the option of hiring an external money manager and provided for the flexibility in investments. The ordinance distributed interest earnings of facilities fund with a different formula. Staff recommended adoption of this ordinance. Assembly member Jeffrey stated that she will vote to move this forward. Assembly member Branson will vote for the ordinance noting the Borough can do better with facilities fund. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Williams, Abell, Branson, Friend, Lynch, and Jeffrey CITIZENS' COMMENTS Steve Tauffen and Shawn Dochtermann urged the Assembly to consider the crewmen's proposal by resolution Kodiak Island Borough Assembly Minutes September 20, 2007 Page 4 ASSEMBLY MEMBER COMMENTS Assembly member Lynch had no comments. Assembly member Oswalt hoped for a good turnout at the Island Lake public hearing. Assembly member Jeffrey stated that she believed if the NPFMC was urged at the meeting in October, they would extend the 18 -month review. In response to Assembly member Branson, she noted that a letter should be written by the Assembly and Council requesting the 18 -month review. It would also be more expedient to have a letter written not only about crew issues but also A, B, & C shares. Assembly member Branson asked if there had been a recommendation from the group as to their wishes of the Borough and what they should do. Assembly member Jeffrey responded that a letter should be written to the Council requesting an extension of the 18 month review. They encouraged letters or resolutions from Assembly and City. Assembly member Jeffrey said that it would be more expedient to have a letter written from Trevor Brown addressing not only crew issues but A, B, & C shares also. She strongly urged the Borough to move with the letter. Assembly member Branson had no comments. Assembly member Abell would like to see a letter go out immediately with a resolution addressing crewmember's rights and would like to see this addressed at a special meeting. He is also pleased to be able to pass the capital improvement project list. He would like to hear the Assembly give staff direction to take care of Otmeloi project. He was saddened that the Borough waits until the last minute to support the fisheries. Assembly member Friend would like to see the Assembly support the crewmembers' share resolution. He was also happy to hear about the bids for the pool and KHC. Assembly member Williams thanked everyone for their participation in the Island Lake issue. She encouraged the residents to let their voices be heard on different issues. Announcements Mayor Selby announced the next regular work session of the Assembly is scheduled on Thursday, September 27, 2007 in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, October 4, 2007 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT WILLIAMS moved to adjourn the meeting, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Friend, Jeffrey, Lynch, and Oswalt Kodiak Island Borough Assembly Minutes September 20, 2007 Page 5 The meeting was adjourned at 10:25 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes September 20, 2007 Page 6 KODIAK ISLAND BOROUGH Regular Assembly Meeting October 4, 2007 A regular meeting of the Kodiak Island Borough Assembly was held October 4, 2007 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Barbara Williams. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, E &F Director Woody Koning, Finance Director Karl Short, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda, seconded by BRANSON. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES — None. AWARDS AND PRESENTATIONS — None. CITIZENS' COMMENTS Shawn Dochtermann appreciated the Assembly for the adoption of Resolution No. FY2008 -09 at the last special meeting. He said a resolution for the Bering Sea Crab Crewmen will be forthcoming. Emil Norton, Senior Citizens of Kodiak Inc. Board Member, thanked the Assembly for its continued support of the seniors in Kodiak. He provided an update on the current activities at the Senior Center. Mel Stephens urged the Assembly to vacate Assembly member Jeffrey's seat noting that the Assembly members' credibility is at stake. COMMITTEE REPORTS — None. PUBLIC HEARING A. Ordinance No. FY2008 -06 Rezoning 15.9 Acres (Proposed Lots 3 &4 Stratman Subdivision, U.S. Survey 4964) From C- Conservation Zoning District To RNC -Rural Neighborhood Commercial District (P &Z Case 08 -006.) WILLIAMS moved to adopt Ordinance No. FY2008 -06, seconded by BRANSON. Manager Gifford reported this was considered by the Planning and Zoning Commission at their August 15, 2007 public meeting and recommended approval to the Assembly. Mayor Selby opened the public hearing. Kodiak Island Borough Assembly Minutes October 4, 2007 Page 1 Bob Brodie, Associated Island Brokers Realtor, represented the property owners. He noted this was in compliance and there have been support of this rezone. Mayor Selby closed the public hearing ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY; Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Williams A. Ordinance No. FY2008 -07 Prohibiting the Use of High Speed Watercraft on Designated Lakes. WILLIAMS moved to adopt Ordinance No. FY2008 -07, seconded by JEFFREY. Manager Gifford reported this was introduced by Assembly member Williams and she worked with the Borough Attorney on the ordinance that is before the Assembly. A substituted version was provided that reflects Assembly discussion from the last work session. WILLIAMS moved to amend Ordinance No. FY2008 -07 by substitution, seconded by JEFFREY. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Williams, and Abell Mayor Selby opened the public hearing. The following commented on the proposed ordinance. Craig Baker Ed Coe Mike Sweeney Todd Hiner Joyce Fried Levy Fried Scott Griffin Steve Branson Ron Fried Travis Diemer Karen Seaton John Neff Bill Oliver Jacob Keplinger Hans Tschersich Lorna Arndt Jenny Fried Nick Szabo Jacque Jones Matt Keplinger Andy McCarty Iver Malutin Cody Foster Ysa Stihl Letters from the following were read for the record: Lucas Fried and Jane Eisemann. After a 5- minute recess, Mayor Selby reconvened the meeting at 9 p.m. Discussion ensued about the need for a compromise to specifically address the original Task Force rules, timing of this ordinance, hours, signs, etc. LYNCH moved to amend Ordinance No. FY2008 -07, Section 2, Item B.1 to read "Motorized watercraft may be operated between the hours of 10 a.m. to 9 p.m. on even numbered days" and by inserting the words "The Rules of the Lake shall be posted and /or installed and should include enforcement officer's contact number. The Rules of the Lake shall be deferred to Parks and Recreation Committee for annual review ", seconded by JEFFREY Kodiak Island Borough Assembly Minutes October 4, 2007 Page 2 Assembly member Lynch explained the need for posting the rules and the need for review of the Parks and Recreation Committee. ROLL CALL VOTE ON THE AMENDMENT FAILED FIVE TO TWO: Abell, Branson, Friend, Oswalt, and Williams (Ayes); Jeffrey and Lynch (Noes) After further discussion, Assembly members opined that additional review was needed. OSWALT moved to postponed Ordinance No. FY2008 -07 to November 1, 2007, seconded by FRIEND Assembly member Williams was disappointed and noted that the substituted ordinance was a good compromise and it was based on Assembly discussion at the last work session. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Williams, Abell, Branson, and Friend B. Ordinance No. FY2008 -08 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance - Management and Accounting Section 3.04.020 Permissible Investments Section 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest in Changing the Investments Allowed in the Facilities Fund, and Changing Disbursements from the Facilities Fund from a Percent of Interest Earned to a Percent of Market Value (POMV.) WILLIAMS Moved to adopt Ordinance No. FY2008 -08, seconded by BRANSON Manager Gifford reported this ordinance would allow Facilities Fund to be managed and invested by an external money manager and this would allow funds to be invested in more instruments than currently allowed. It would also let the Borough maximize interest earnings on funds held by the Facilities Fund and it addresses some housekeeping changes to bring this code section up -to -date with current practice. Karl Short, Finance Director, gave a PowerPoint presentation regarding the current investments. Mayor Selby opened the public hearing. The following spoke in opposition: Louise Stutes, Mel Stephens, and Mike Anderson. Mayor Selby closed the public hearing. Assembly members appreciated Finance Director Short for doing a good job managing the finances of the Borough. Assembly members would like to see more discussion about the ordinance, there were concerns about the possibility of tapping into the principal. Kodiak Island Borough Assembly Minutes October 4, 2007 Page 3 Assembly member Branson supported the ordinance in that it was a measure of getting more money for the expenses of the Borough. WILLIAMS moved to postponed Ordinance No. FY2008 -08 to November 15, 2007, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Williams, Abell, Branson, Friend, and Jeffrey BOROUGH MANAGER'S REPORT Manager Gifford provided a project status update and reported on the following: • Fire Engine at Bayside will be put in service in the next two weeks. • First Responder EMS will take effect one week following certification of the election. • Congressional committee has changed KIB roads to KIB Trails. Awaiting documentation from Department of Transportation. • Traffic flow study for North Star Elementary School. • Kodiak Middle School Seismic upgrade 75% complete. • New pool design documents have been put out and are due October 31. Expected date of completion is August 2009. • Middle School asbestos abatement has been completed. • KHS kitchen flooring has been completed. • Preliminary design for Peterson seismic upgrade and Larsen Bay school floor repair. Woody Koning, E &F Director, reported on the current status of the contaminated soil at the high school. Manager Gifford noted he will be out of the office October 6 -19 in attendance of ICMA and for personal leave. Clerk Javier have asked the borough attorney for interpretation referencing the attendance policy of Assembly members per KIBC 2.16.060. She asked the attorney to clarify code language specifically about the types of meetings that would count toward this attendance policy. Clerk Javier have met with him on Tuesday and have been providing documentation to put together the opinion. The attorney noted in his email today that we should have the opinion by next week. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby thanked everyone who voted at the last election and all the volunteers. He also thanked the school district and for gathering and working on a facilities plan addressing educational needs of the future. UNFINISHED BUSINESS — None. Kodiak Island Borough Assembly Minutes October 4, 2007 Page 4 NEW BUSINESS A. CONTRACTS 1. *Contract No. FY2008 -10 Bayview Service Area Road Maintenance and Repair, Snow Removal and Sanding. This item was approved under consent agenda. B. OTHER ITEMS Mayor Selby recessed the regular meeting at 10:25 p.m. and convened the Board of Adjustment. BOARD OF ADJUSTMENT 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 7.13 /Appellant: Richard Key.) Mayor Selby announced that six appeal notices were mailed and one was returned. He announced that the Assembly shall decide the appeal upon the appeal record and the written and oral argument presented on the appeal. Per Borough code, only persons who have submitted written argument on the appeal, or testified before the commission, or submitted written comments to the commission may present oral argument. The order of oral argument was held as follows: 1. Borough staff, including commission representatives. Bud Cassidy, Community Development Director, reported on the decision on the Commission, presenting evidence and reasons relied upon during the process. He noted for the record that Commission Chair Dave King was also in attendance. He advised that the structure was built within the front and side yard setbacks and noted. This variance was reviewed by the commission and decided per Borough code. He noted the following six standards needed to be met to grant a variance: 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 Commission believed that the applicant failed to meet this provision because the parcel is not unique to other parcels in the Conservation Zoning District, most of the lands in that district share similar characteristics. 2. Strict application of the zoning ordinance would result in practical difficulties or unnecessary hardships. — Structure was already constructed there is obviously going to be some practical difficulties. Commission agreed this provision was met and there are practical difficulties and unnecessary hardships. 3. Granting a variance will not result in material damage or preiudiced to other properties in the vicinity nor detrimental to the public health and safety. Commission agreed that granting the variance would not result in a material damage to adjacent properties. Kodiak Island Borough Assembly Minutes October 4, 2007 Page 5 4. Granting the variance will not be contrary to the objectives of the Comprehensive Plan. The record shows that having a cabin in the Conservation Zone is consistent with the Comprehensive Plan. 5. Actions of the applicant did not cause special conditions or financial hardships from which relief is being sought by the variance. Commission felt this provision was not met, this is exactly what is happening. The action of the applicant did cause a special condition or financial hardship from which relief is being sought. In attention to the requirements of the Borough Code and the Zoning law caused this need for variance and need for relief. By the Assembly's own laws a zoning compliance permit is required throughout the Borough not just on the road system. 6. Granting the variance will not permit a prohibited land use in the district involved. Commission felt that granting this variance would not permit a prohibited land use in the district. Director Cassidy noted that the Commission agreed that condition no. 1 and 5 were not met. He stressed the importance of following local codes within all areas of the Borough. In response to Assembly member Williams, he noted a physical inspection was conducted and photographs were taken. 2. Appellant - Richard Key Mr. Richard Key commented that he purchased the property from Mr. Walton and since the cabin has been there for a long time, it did not raise an alarm for him to investigate the situation. He was notified by KIB staff after purchase of the property about the variance and setbacks. His variance request was denied and was given an option by staff to continue using the cabin until a new cabin is built according to code. He opted not to build a second cabin and go through the appeal process. Mr. Key advised that the property is on the side of a cliff and access is in bad condition. He questioned why the variance mattered since the cabin is located in such a remote area and it has been on the same location for the past 20 years. He asked the Assembly to consider this as an extreme case considering the location and age of the property in question. He noted that this entire process has cost him $6,000. 3. Private Person Supporting the Appeal — none. 4. Private Person Opposing the Appeal. Mr. Tom Schantz submitted a letter opposing the appeal. The letter became a part of the appeal record. 5. Appellant, for Rebuttal: 10 minutes - (Richard Key) Mr. Key inquired about grandfather rights. Director Cassidy explained the grandfather clause was in effect sometime i 1980 or 1961 and did not go back that far. Discussion ensued regarding enforcement of the code island wide. Also noted on the P &Z minutes was that two Commissioners determined that the current location was the only location that was buildable. Additional comments were made regarding the proposal made by CDD director regarding time allotment to build a new cabin. Kodiak Island Borough Assembly Minutes October 4, 2007 Page 6 Commissioner King explained why he voted in favor of the variance. He said the current location was the only place to build a cabin on the property. Mr. Ed Walton, previous owner of the property, noted at the time he did his due diligence to make sure that he was in compliance with the regulations. WILLIAMS moved to reverse in whole Planning & Zoning Commission's Decision on Case No. 08- 003 A Variance in Accordance with 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) (Appellant: Richard Key), seconded by OSWALT. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Oswalt, Williams, Abell, Branson, Friend, and Jeffrey (Ayes), Lynch (No) FRIEND moved to postpone the Findings -of -Fact of the Board of Adjustment on 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)(Appellant: Richard Key) to the next regular Assembly meeting, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Friend, Jeffrey, Lynch, and Oswalt CITIZENS' COMMENTS Mel Stephens commented on some parliamentary issues during the meeting and asked that Robert's Rules be checked. Nick Szabo voiced his disappointment with the Assembly's decision regarding the Island Lake ordinance. ASSEMBLY MEMBER COMMENTS Assembly member Lynch had no comments. Assembly member Oswalt hoped that the issues before the Assembly be addressed and taken care of. He expressed his willingness to work with the Clerk as they go through the process. Assembly member Jeffrey congratulated Sven Haakanson and Trevor Dunbar. She wished Assembly member Lynch a happy birthday. She congratulated the newly elected candidates. She expressed her support of the Clerk getting clarification on the attendance code and looked forward to the Borough Attorney's opinion. She was dismayed and sorry about the issues which caused some concern about her performance as an Assembly member. In response to Assembly member Branson, Manager Gifford noted that background checks are being conducted for the grant writer position. Assembly member Branson noted that a lot of Kodiak Island Borough Assembly Minutes October 4, 2007 Page 7 attention is being given on the attendance issues and she was in support of Clerk Javier and the Borough as they go through the process. Assembly member Abell noted that the Clerks have done a great job with the election. He noted that an attorney's opinion was being sought regarding attendance issues. He was disappointed that ordinances were being changed even after extensive discussion during work session Assembly member Friend agreed with Assembly member Abell; however, he noted that there are some ordinances that needed more work. Assembly member Williams noted the Assembly missed an opportunity to act on the Island Lake ordinance in a timely manner. She said the Assembly was given plenty of information and noted this issue will never go away. Announcements — Mayor Selby The next regular work session of the Assembly is scheduled on Thursday, October 11, 2007 at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, October 18, 2007 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT JEFFREY Moved to adjourn the meeting, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Williams Mayor Selby adjourned the meeting at 11:30 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes October 4, 2007 Page 8 B. Employee of the Quarter KODIAK ISLAND BOROUGH Regular Assembly Meeting October 18, 2007 A regular meeting of the Kodiak Island Borough Assembly was held October 18, 2007 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Barbara Williams. Staff members present were Administrative Official Bud Cassidy, E &F Director Woody Koning, Clerk Nova Javier, Deputy Clerk Marylynn McFarland, and Assistant Clerk Jessica Kepley. APPROVAL OF AGENDA BRANSON moved to approve the agenda, seconded by FRIEND. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES — None. AWARDS AND PRESENTATIONS A. Proclamation Mayor Selby proclaimed the Month of October 2007 as Domestic Violence Awareness Month urging all citizens to actively support and participate in the ongoing programs designed to reduce and eventually eliminate violence as a social problem. Flossie Spencer, Outreach Coordinator with the Kodiak Womens Resource Center, accepted the proclamation. Administrative Official Cassidy presented the Employee of the Quarter Award to Zoya Pierson, Local Administrator for the Child Care Assistance Program in the Finance Department. C. Longevity Awards Administrative Official Cassidy presented a Five -Year Longevity Award to Tracy Mitchell, Environmental Specialist in the Engineering and Facilities Department and a Twenty -Year Longevity Award to Martin Lydick, Associate Planner in the Community Development Department. CITIZENS' COMMENTS Doug Letch, Kodiak Football League Board member, announced that Jimmy Eggemeyer, a football player with the KHS football team was featured in the Sports Illustrated magazine. He thanked the Assembly for supporting the League. Mayor Selby commended the job that the Kodiak Football League does. Kodiak Island Borough Assembly Minutes October 18, 2007 Page 1 COMMITTEE REPORTS Assembly member Jeffrey reported on the status of the Kodiak Fisheries Advisory Committee (KFAC). With the help of the Borough and the City, the Committee has been successful in convincing others that there is a need to expand the Crab Rationalization program. The Committee is currently looking for participants for the Crab Rationalization Committee. They will be meeting on October 23 to consider recommendations to fill the vacant seats. If chosen, Steve Branson will serve as the representative. The Assembly will receive the recommendations to consider at the October 25 work session. PUBLIC HEARING — None. BOROUGH MANAGER'S REPORT Administrative Official Cassidy reported that: • Manager Gifford will be returning to Kodiak on Monday, October 22. • That the Planning & Zoning Commission approved and will advance the Kodiak Comprehensive Plan for first reading at the next Assembly meeting. The community is commended for its participation. • Four bids for the Kodiak Community Health Clinic project were received. All bids exceeded the architect's estimate. Staff is scheduled to review the bids and forward recommendations to the Assembly at a later date. • CDD staff is in the process of reviewing the zoning compliance for the Salonie Creek Rifle Range. This range is managed by KISA. Part of the compliance is to clearly define the times the range is available for public use. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby gave a report of the Exxon Valdez Trustee Council meeting. Action was not taken on the proposed new Fish and Game building. Additional analysis has been requested to determine the impact on the Kodiak community. UNFINISHED BUSINESS — None. NEW BUSINESS A. CONTRACTS 1. Contract No. FY2008 -14 Household Hazardous Waste Building Project. Administrative Official Cassidy reported that 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 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. $ 64,591 $ 85,187.63 $ 91,198 Kodiak Island Borough Assembly Minutes October 18, 2007 Page 2 Alaska Professional Construction, Inc. $120,000 FRIEND moved to authorize the Manager to execute Contract No. FY2008 -04 with Red Hook Construction, LLC of Kodiak, Alaska in the amount not to exceed $64,591 for the period of October 18, 2007 through June 17, 2008, seconded by BRANSON. Engineering & Facilities Staff looked into 40x40 building as recommended by Assembly member Oswalt at the October 11, 2007 work session and their recommendation to the Assembly to execute the contract with Red Hook Construction stands. Assembly member Lynch declared a conflict of interest. Mayor Selby approved the conflict of interest. Discussion was held on various building options brought forward by Assembly member Oswalt. Assembly members Abell and Jeffrey questioned the cost of the different buildings and whether this was considered by staff. Administrative Official Cassidy said that the buildings that were proposed would cost more than the building EF staff received the bid on. ROLL CALL VOTE ON MOTION CARRIED, FIVE TO ONE: Abell, Branson, Friend, Jeffrey, and Williams (Ayes), Oswalt (No) 2. Contract No. FY2008 -15 Seawater Pump Replacement Project. Administrative Official Cassidy reported that the four seawater pumps currently in service are worn as evidenced by the lower volumes of seawater they are able to produce. 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. Staff recommends replacement of degraded parts as follows: 1. 2 each Goulds 4 stage Vertical Turbine Pump Assemblies — FOB Kodiak 2. 2 each Engard Coated Steel Discharge Head Assemblies — FOB Kodiak JEFFREY moved 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, seconded by FRIEND. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Williams, and Abell. B. RESOLUTIONS 1. Resolution No. FY2008 -10 Ratifying and Certifying the Results of the Municipal Election held October 2, 2007. Clerk Javier reported that 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. The final count was completed on Wednesday, October 10, 2007. Kodiak Island Borough Assembly Minutes October 18, 2007 Page 3 Clerk Javier noted that Dawn Black will assume the duties of the elected seat for the Bay View Road Service Area Board. WILLIAMS moved to adopt Resolution No. FY2008 -10, seconded by FRIEND. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Williams, Abell, and Branson. 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. WILLIAMS moved to adopt Ordinance No. FY2008 -09 in first reading to advance to public hearing on November 1, 2007, seconded by FRIEND. Administrative Official Cassidy stated this is the same Ordinance that was brought forward last year which was not approved. Assembly member Oswalt requested that the Assembly review the Ordinance again in hopes that it will be approved to allow members to attend meetings when unable to be physically present. Assembly member Branson stated she did not approve of the Ordinance in the present format. She would like to see options determining the number of teleconferences a member can attend, regulations on whether a member must physically attend a work session in order to vote at a regular meeting via teleconference, and clarification on the number of times the Clerk will attempt to connect the member with the Assembly. Assembly member Jeffrey agreed with Assembly member Branson's concerns and would be in favor of reviewing the Ordinance if more definitions were provided. She spoke in favor of teleconferencing the work sessions but not regular meetings because there is no voting or formal action taken at work sessions. She also said she thought teleconferencing the regular meetings would not be properly representing the public. She was in favor of voting the Ordinance forward to public hearing on November 1, 2007. Assembly member Lynch agreed the members should be representing the public and that work sessions were more acceptable for members to attend by teleconference, rather than meetings. She wanted insurance that the capabilities were in place to be able to handle public call -ins along with teleconferencing at the meetings. Assembly member Abell is not in favor of teleconferencing but would vote to forward the Ordinance to a public hearing after the AML conference in November. He was interested in receiving public input on the matter. He also questioned the cost affiliated with teleconferencing. Assembly member Williams asked for a postponement on the motion in order to give more attention to the format of the Ordinance. OSWALT moved to postpone Ordinance No. FY2008 -09 to public hearing on November 15, 2007, seconded by FRIEND. Kodiak Island Borough Assembly Minutes October 18, 2007 Page 4 ROLL CALL VOTE TO POSTPONE THE MOTION CARRIED, SIX TO ONE: Jeffrey, Lynch, Oswalt, Williams, Branson, and Friend (Ayes), Abell (No) D. OTHER ITEMS. 1. Oath of Office to Newly- Elected Officials. Clerk Javier administered 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 presented a plaque of appreciation to outgoing Assembly member Barbara Williams. 3. Executive Session - Attorney's Opinion Regarding Assembly Member Attendance. WILLIAMS moved 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, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Williams, Abell, Branson, Friend, Jeffrey. Mayor Selby recessed the regular meeting at 8:15 p.m. to convene into executive session. Upon returning from the executive session, Mayor Selby reconvened the regular meeting at 8:50 p.m. and announced that no action was taken as a result of the executive session. 4. Release of a Truncated Version of the Attorney's Opinion Regarding Assembly Member Attendance. FRIEND moved to release a truncated version of the Attorney's opinion regarding Assembly member attendance on Monday, October 22nd by 1:00 p.m., seconded by WILLIAMS. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Williams, Abell, Branson, Friend, Jeffrey, and Lynch. Mayor Selby recessed the regular meeting at 8:50 p.m. and convened the Board of Adjustment. BOARD OF ADJUSTMENT 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 announced that this is the continuation of the October 4, 2007 proceedings of the Board of Adjustment. Kodiak Island Borough Assembly Minutes October 18, 2007 Page 5 WILLIAMS moved 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 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, seconded by BRANSON. The findings of fact and conclusions were enumerated. 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. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Friend, Jeffrey, Lynch, and Oswalt. Kodiak Island Borough Assembly Minutes October 18, 2007 Page 6 After the vote, Mayor Selby stated that 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) days of the decision. An appeal to Superior Court shall be heard solely on the record before the Board of Adjustment or its hearing examiner and the commission. The appeal procedure shall be governed by 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. Mayor Selby reconvened the regular meeting at 8:55 p.m. CITIZENS' COMMENTS — None. ASSEMBLY MEMBER COMMENTS Assembly member Lynch congratulated Zoya Pierson as Employee of the Quarter. She thanked Martin Lydick and Tracy Mitchell for their years of service. She congratulated Ms. Williams on her service on the Assembly and welcomed newly elected Assembly member Louise Stutes. She also encouraged Assembly members to review the Comprehensive Plan. Assembly member Oswalt welcomed Ms. Stutes. He encouraged the Assembly to make sure the Borough moves forward with the way technology is moving ahead. Assembly member Jeffrey congratulated Zoya Pierson, Tracy Mitchell and Martin Lydick for a job well done. She said it had been a pleasure working with Ms. Williams and welcomed Ms. Stutes to the Assembly. She also congratulated the Kodiak Football League and commended Jimmy Eggemeyer. Assembly member Branson congratulated Ms. Williams and thanked her for her service on the Assembly and welcomed Ms. Stutes. She congratulated Zoya Pierson, Tracy Mitchell, and Martin Lydick. She reported that she will be out of town during the next work session on October 25. Assembly member Abell thanked Ms. Williams for her time and welcomed Ms. Stutes. He commended the football team and Scott Wandersee, a diver on the KHS swim team. He thanked Assembly member Jeffrey for the report from KFAC and recommended appointing committee members with no economic interest. He also voiced concern that the CHC project bids exceeded the architect's estimate. Assembly member Friend reported that the P &Z Commission has a vacant seat that should be filled by a City resident of Kodiak. He would like to continue urging the City to fill that seat. He thanked Ms. Williams for her service and welcomed Ms. Stutes. Assembly member Williams thanked Kodiak voters for providing her with the opportunity to serve on the Assembly and offered best wishes to the Assembly in dealing with upcoming issues. Her final comments to the Assembly and the community were that "Kodiak will be what you make it to be "; she encouraged community involvement, and urged citizens to communicate with their elected officials. Announcements — Mayor Selby Kodiak Island Borough Assembly Minutes October 18, 2007 Page 7 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 invited the public to join in the celebration for newly sworn in officials and thanking Assembly member Williams for her years of service. ADJOURNMENT WILLIAMS moved to adjourn the meeting, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED, SIX TO ONE: Branson, Friend, Jeffrey, Lynch, Oswalt, and Williams (Ayes), Abell (No) The meeting adjourned at 9:12 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes October 18, 2007 Page 8 KODIAK ISLAND BOROUGH Regular Assembly Meeting November 1, 2007 A regular meeting of the Kodiak Island Borough Assembly was held November 1, 2007 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louis Stutes. Staff members present were Manager Rick Gifford, E &F Director Woody Koning, Deputy Clerk Marylynn McFarland and Assistant Clerk Jessica Kepley. Rise to a question of privilege was called. Jeffrey had no objection. Abell questioned why Jeffrey's lawyer would be teleconferencing. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda, seconded by FRIEND. ABELL moved to switch the order of items 13.E.2 and 13.E.3 on the agenda, seconded by OSWALT. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA FAILED FOUR TO THREE: Branson, Friend, Jeffrey, and Lynch (Nays), Oswalt, Stutes, and Abell (Ayes). ABELL moved to suspend the rules to take action on the Other Items 13.E.2 and 13.E.3 before the public hearing item on the agenda, seconded by OSWALT. ROLL CALL VOTE ON MOTION TO SUSPEND THE RULES FAILED FOUR TO THREE: Friend, Jeffrey, Lynch, and Branson (Nays) Oswalt, Stutes, and Abell (Ayes). VOICE VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA CARRIED UNANIMOUSLY. APPROVAL OF MINUTES — None. AWARDS AND PRESENTATIONS — None. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Cecil Rannev spoke against removing Assembly member Jeffrey from the Assembly seat. He raised the issue of past and present Assembly members receiving stipends for meetings whether they were held or cancelled and asked that this situation be investigated. Don Fox not in support of the Assembly vacating Assembly member Jeffrey's seat. He spoke against removing an Assembly member against the advice of the attorney, especially where absences had been excused by the assembly. Kodiak Island Borough Assembly Minutes November 1, 2007 Page 1 John Miller spoke in favor of the KIB Comp Plan. He feels that if the Borough policy regarding Assembly attendance is not clear and unclean, the Assembly should focus on making those changes and move on to more important matters. He spoke against the teleconferencing ordinance. Oliver Holm was not in favor of removing Assembly member Jeffrey from her seat and recommended the Assembly clear up the code identifying what cancelled meetings vs. scheduled meetings are. Kate Ballinger questioned the Assembly receiving compensation for meetings that they did not attend, either cancelled or otherwise. She was not in support of the teleconferencing ordinance. Geneneiva Pearson spoke against removing Assembly member Jeffrey from her seat, stating she is the one Assembly member that represents the Kodiak fishing community. Susan Payne spoke regarding the North Star traffic study. She is concerned that there has been no forward movement on finalizing the project. She would like the Borough to begin an investigation on the flow of traffic around the North Star school. Mel Stephens spoke in favor of vacating Assembly member Jeffrey's seat, stating it was a matter of procedure set by the Borough Code which he urged the Assembly to uphold. COMMITTEE REPORTS Alaska Corp of Engineers: Scott McCain, provided a progress report and update on defense sites on the island. He informed the Assembly that over 100,000 tons of contaminated soil debris has been removed, with more still to be removed. They are preparing for next summer to remove additional debris and contaminated soil. He stated that an Airport Staging Area study is currently being held and they hope to complete it March 2008. He invited everyone to attend the upcoming ACOE open house at Safeway. PUBLIC HEARING A. Ordinance No. FY2008 -07 Establishing Rules for the Use of Motorized Watercraft on Designated Lakes. The motion before the Assembly is to adopt Ordinance No. FY2008 -07. BRANSON moved to amend Ordinance No. FY2008 -07 by substitution Option A, seconded by ABELL. Mayor Selby opened the public hearing. Mike Sirofchuck spoke as chairman of P &R Committee and reported that the committee was in favor of a voted to pass an Ordinance that reflected the rules of the lake as suggested by the Task Force made up by motorized and non motorized lake users and supporters. Mr. Sirofchuck also spoke as a community member spoke in support of Ordinance 2008 -07A. The following commented on Ordinance No. FY2008 -07: Lorna Arndt, Ed Coe, Elizabeth Cidel, Nathan Faber, Joyce Fried, Ron Fried, Steve Hall, Todd Hiner, Danny Stihl, Barbara Williams, Mike Williams, Isa Stihl Wirz, Nick Zsabo, and Pat Zsabo. Kodiak Island Borough Assembly Minutes November 1, 2007 Page 2 Mayor Selby read letter from Ellen and William Ross. Supporting Tues, Thurs, Sat, 12 p.m. — 7 p.m., no wake zone 100ft. Mayor Selby closed the public hearing. ABELL moved to amend Ordinance No. FY2008 -07 (pg 3 of 3) — clarifying the ordinance would be referred to P &R for its first annual review in the Fall 2008 and then only by Assembly request, seconded by STUTES. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, Friend, and Jeffrey. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED SIX TO ONE: Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson (Ayes); Friend (No). FRIEND moved to amend the hours of lake usage to 12 p.m. to 9 p.m., seconded by LYNCH. ROLL CALL VOTE ON MOTION TO AMEND FAILED FOUR TO THREE: Stutes, Abell, Branson, and Oswalt (Nays); Friend, Jeffrey, and Lynch (Ayes) BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Four bids were received for the Community Health Clinic project. All bids were higher than the Engineer's estimate. • KMS Seismic Phase I — due to be completed Nov 2. • Fuel tank removal — ADEC has given clearance — excavating of the contaminated soil is now taking place. • New Pool bids — there has been an extension of the bid closing. • KMS Seismic Phase 2 — will go out to bid 2008. • Grant writer interviews are finished. • Next hiring is for the Maintenance Coordinator. • KIBSD staff will be visiting Anchorage schools to help determine a Master plan for Kodiak — EF Director Woody Koning and Assembly member Tom Abell are requested to attend. Dates will be November 5 and 6. • Manager will be attending the AML conference. Mayor Selby asked for a status update on the Otmeloi State road project. Manager Gifford said that the Borough is close to bringing the State agreement to the Assembly. Changes have been made. There is no confirmation from DOT of federal dollars. Once received, staff will proceed with a traffic study. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby attended the AML /JIA conference and reported on AML /JIA pool investment policies. UNFINISHED BUSINESS A. Reconsideration of Contract No. FY2008 -14 Household Hazardous Waste Building Project. Kodiak Island Borough Assembly Minutes November 1, 2007 Page 3 ABELL moved to reconsider the vote taken on Contract No. FY2008 -14, seconded by JEFFREY. Assembly member Lynch declared a conflict of interest as she is the inspector on the building. The conflict of interest was recognized by Mayor Selby. ROLL CALL VOTE ON MOTION TO RECONSIDER FAILED, FOUR TO TWO: Abell, Branson, Friend, and Jeffrey (Nays); Oswalt and Stutes (Ayes). NEW BUSINESS A. Reorganization of the Kodiak Island Borough Assembly. 1. Election of Deputy Presiding Officer Mayor Selby opened the nominations. OSWALT moved to nominate Assembly member Abell as deputy presiding officer. (Seconded was not required.) FRIEND moved to cast a unanimous ballot for Assembly member Abell as Deputy Presiding Officer, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. B. CONTRACTS — None. C. RESOLUTIONS 1. Resolution No. FY 2008 -11 Authorizing the Approval of Lease for the Storage of Bayside Fire Station's Engine 11 with Ralph Bors. BRANSON moved to adopt Resolution No. FY2008 -11, seconded by FRIEND. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. D. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2008 -10 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances Section 17.02.030 Comprehensive Plan to Incorporate the Kodiak Island Comprehensive Plan Update. FRIEND moved to adopt Ordinance No. FY2008 -10 in first reading to advance to public hearing on December 6, 2007, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. E. OTHER ITEMS. 1. Recommendation for Appointment to Board Seats on the Providence Health System Kodiak Island Service Area Community Board. Kodiak Island Borough November 1, 2007 Assembly Minutes Page 4 BRANSON moved to recommend the appointment of Carol Juergens, MD and Ken Knowles to the Providence Kodiak Service Area Community Board, seconded by FRIEND. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. 2. Executive Session - Attorney's Opinion Regarding Assembly Member Attendance. BRANSON moved 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, seconded by LYNCH. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED, FIVE TO TWO: Jeffrey, Lynch, Oswalt, Branson, and Friend (Ayes); Stutes and Abell (Nays). Assembly member Oswalt changed his vote against convening into the executive session. MOTION CARRIED, FOUR TO THREE: Jeffrey, Lynch, Branson, and Friend (Ayes), Oswalt, Stutes, and Abell (Nays). The Assembly convened into executive session at 9:55 p.m., and reconvened the regular meeting at 10:40 p.m. 3. Declaring Assembly Member Sue Jeffrey's Seat Vacant. ABELL moved to declare Assembly Member Sue Jeffrey's Seat Vacant, seconded by FRIEND. BRANSON moved to postpone the motion to December 6, 2007, seconded by STUTES. ROLL CALL VOTE TO POSTPONE CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, Friend, and Jeffrey. CITIZENS' COMMENTS — None. ASSEMBLY MEMBER COMMENTS Assembly Member Lynch had no comments. Assembly Member Oswalt reported the KHS swim team is doing well. Assembly Member Jeffrey had no comments. Assembly Member Branson had no comment. Assembly Member Abell would like to get a status update on the North Star traffic study. Recommended that staff to do more research and come back to the Assembly. He addressed his actions to request the declaring of Assembly member Jeffrey's seat, explaining that he worked with Deputy Clerk McFarland to make sure that proper procedure was followed and all Assembly members were included. Assembly Member Friend was glad to see the passage of Ordinance No. FY2008 -07. Kodiak Island Borough Assembly Minutes November 1, 2007 Page 5 Assembly Member Stutes was glad to see the North Star study is being addressed. She mentioned the emails received from Maureen Butler, stating she would like to see uniformity on the garbage rates. Announcements — Mayor Selby. The Borough Clerk's Office will be closed on November 5 -7 for training. The Mayor and Assembly Members will be attending the Newly Elected Officials /Alaska Municipal League Conference in Fairbanks, November 7 -9. The work session scheduled for November 8 has been rescheduled to Tuesday, November 13, 2007 at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, November 15, 2007 at 7:30 p.m. in the Borough Assembly Chambers. KIB offices will be closed for Veterans Day Monday, November 12. ADJOURNMENT BRANSON moved to adjourn the meeting, seconded by JEFFREY. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Friend, Jeffrey, and Lynch The meeting adjourned at 10.45 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes November 1, 2007 Page 6 KODIAK ISLAND BOROUGH Special Assembly Meeting September 27, 2007 A special meeting of the Kodiak Island Borough Assembly was held September 27, 2007, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 9 p.m. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Barbara Williams. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, E &F Director Woody Koning, Clerk Nova Javier and Deputy Clerk Marylynn McFarland. CITIZENS' COMMENTS Stephen Taufen and Shawn Dochtermann spoke about fisheries related issues. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Resolution No. FY2008 -08 Moving Money from Undesignated Projects in Fund 410, Borough Capital Projects to the Kodiak Middle School Asbestos Abatement Project, the Main Elementary Asbestos Abatement Project, and the Kodiak High School Soil Remediation Project. FRIEND moved to adopt Resolution No. FY2008 -08, seconded by BRANSON. Manager Gifford reported that this resolution establishes three projects and funds them with a transfer from undesignated projects. These three projects will cost $388,000. There is $739,254 available in the undesignated projects account. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Williams. B. Resolution No. FY2008 -09 Requesting the North Pacific Fishery Management Council (NPFMC) to Extend the Eighteen Month Review for the Bering Sea Crab Rationalization Program. FRIEND moved to adopt Resolution No. FY2008 -09, seconded by BRANSON. Manager Gifford reported this resolution was drafted by Mayor Selby and Assembly member Jeffrey urging NPFMC to continue the analysis of the issues surrounding the 90/10 processor share provision and extend the 18 -month review period for the Bering Sea Crab Rationalization Program. Discussion ensued regarding the processor share provision and the extension of the review period. Issues were discussed relating to a separate resolution for the Bering Sea Crab Crewmen. FRIEND moved to amend Resolution No. FY2008 -09 by adding "NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT NPFMC is requested to initiate staff analysis on custom processing, crew shares, mergers, Kodiak Island Borough Special Meeting Minutes September 27, 2007 Page 1 and processor participation beginning immediately for future council action" seconded by WILLIAMS. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Williams, and Abell. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Williams, Abell, and Branson ADJOURNMENT JEFFREY moved to adjourn the meeting, seconded by FRIEND. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Williams, Abell, Branson, and Friend. The special meeting adjourned at 9:50 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes September 27, 2007 Page 2 Kodiak Island Borough Special Assembly Meeting November 20, 2007 A special meeting of the Kodiak Island Borough Assembly was held November 20, 2007 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Deputy Clerk Marylynn McFarland and Assistant Clerk Jessica Kepley. Assembly member Reed Oswalt was absent. CITIZENS' COMMENTS Jay Johnston spoke against the actions proposed by Mel Stephens. He hoped that a resolution can come from the executive session. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING a. Executive Session — Stephens vs. Kodiak Island Borough ABELL moved to convene into executive session to discuss Stephens vs. Kodiak Island Borough litigation which qualifies for executive session under potential or pending litigation and confidential attorney - client communications, seconded by FRIEND. ROLL CALL VOTE ON MOTION FAILED: Abell, Friend, and Stutes (Ayes); Branson, Jeffrey, and Lynch (Nays). The tie was broken by Mayor Selby who voted no on the motion. ADJOURNMENT BRANSON moved to adjourn the meeting, seconded by JEFFREY. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Branson, Friend, Jeffrey, Lynch, and Stutes (Ayes); Abell (Nay). The meeting adjourned at 7:40 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes November 20, 2007 Page 1 CITIZENS' COMMENTS KODIAK ISLAND BOROUGH Special Assembly Meeting November 29, 2007 A special meeting of the Kodiak Island Borough Assembly was held November 29, 2007 in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 9:01 p.m. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Chris Lynch, Reed Oswalt, and Louise Stutes. Absent was Assembly member Jeffrey. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, E &F Director Woody Koning, Clerk Nova Javier and Deputy Clerk Marylynn McFarland. Shawn Dochtermann, requestor for this resolution, noted a letter was already sent in support of the Crewmen's proposal to NPFMC and asked the Assembly to delay the consideration at a later time. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING a. Resolution No. FY2008 -19 of the Kodiak Island Borough Assembly to the North Pacific Fishery Management Council Supporting the Bering Sea Crab Crewmen's Proposal, a Motion to Agenda, Analyze and Include these Historical Rights in the 3- Year Review Process (And Consider During 18 -Month Review.) STUTES moved to adopt Resolution No. FY2008 -19, seconded by BRANSON Manager Gifford reported that this was originally requested by Shawn Dochtermann and was forwarded to the Kodiak Fishery Advisory Committee (KFAC.) Trevor Brown, KFAC Facilitator, reported the Committee reviewed the proposed resolution at their recent meeting and a subcommittee had been formed to review and rewrite the Crewman's draft resolution. The revised resolution will be made available to KFAC at its December 21 meeting. Clerk Javier suggested, if a substantially different resolution will be presented at a later time, the Assembly may want to consider failing this resolution instead of postponing. ROLL CALL VOTE ON MOTION FAILED: Abell, Branson, Friend, Lynch, Oswalt, and Stutes ADJOURNMENT BRANSON moved to adjourn the meeting, seconded by FRIEND ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Lynch, Oswalt, Stutes, and Abell The special meeting adjourned at 9:18 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Special Meeting Minutes November 29, 2007 Page 1 KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 20, 2007 REGULAR MEETING TITLE: Ordinance No. 2008 -01B Amending Ordinance No. 2008 -01 Fiscal Year 2008 Budget By Moving Funds Between Various General Fund Departments, Amending Budget to Actual Expenditures, and Budgeting for Several Grants. SUMMARY: This ordinance: • Sets up project number 08004 to purchase a computer assisted mass appraisal and collection program. Our current assessment program, KB systems, has not been on maintenance for many years and is seriously outdated. This program will cost approximately $400,000. At the end of FY2007 the General Fund had a fund balance of $2,793,317. We have previously budgeted a use of this fund balance in the amount of $554,975. After this adjustment we would still have a Fund Balance of $1,838,342 in the General Fund, well within our desired range of one to two million dollars. • Increases the Community Development Budget by $17,360 to purchase an upgrade to our GPS system back and to fund further work on our comprehensive plan and island wide trails plan. This would reduce the General Fund Balance to $1,820,982. • Funds the shortage in the Health and Sanitation Department with savings in the Culture and Recreation Department. • Funds the $12,323 in repairs to the High School Kitchen with use of undesignated fund balance in Fund 410. • Adds $27,000 to the Kodiak Middle School Asbestos Abatement project to cover unforeseen expenses with use of undesignated fund balance in Fund 410. • Adds $182,000 to the High School Soil Remediation project for removal of contaminated soil with use of undesignated fund balance in Fund 410. • Budgets for the $8,000,000 bond approved by the voters. • Adds $76,496 to the High School and Middle School for additional roof repairs. • Budgets for the $938,633 FEMA (Federal Emergency Management Agency) grant passed through the State of Alaska for Kodiak Middle School Seismic Upgrades. • HS Pool project contingency line item is $385,000 Tess than the industry standard as recommended by the architect; and • Accepts Grant 08 -DC -409, Kodiak Near Island Research and Administrative Facility, in the amount of $950,000. • Accepts grant 08 -DC -318, Kodiak Middle School Playground equipment, in the amount of $10,000.00. • Accepts grant 08 -DC -317, Area Wide School Supplies and Equipment, in the amount of $130,000. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -01 B by substitution. ITEM NO. 9.A SUBSTITUTED VERSION KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -01 B Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Finance Officer Introduced: 12/6/2007 Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING ORDINANCE NO. FY2008 -01 FISCAL YEAR 2008 BUDGET BY MOVING FUNDS BETWEEN VARIOUS GENERAL FUND DEPARTMENTS, AMENDING BUDGET TO ACTUAL EXPENDITURES AND BUDGETING FOR SEVERAL GRANTS WHEREAS, the Assessing Department maintains property records in an obsolete system and would like to move forward to a new data base system which would make assessing function done in a more efficient and fair manner , and WHEREAS, there is sufficient reserves in the General Fund Balance to pay for a new system, and WHEREAS, because of broad public interest in the Borough's Comprehensive Plan the Planning Commission requested another round of public meetings; and WHEREAS, an island wide trails plan has become critical; and WHEREAS, an equipment upgrade is needed for a GPS backpack; and WHEREAS, the Health and Sanitation Department, Fund 100 is overspent by $5,079 while the Culture and Recreation department, Fund 100 has this amount available; and WHEREAS, $12,323 in repairs had to be made to the High School kitchen floor; and WHEREAS, $27,000 needs to be added to the Kodiak Middle School Asbestos Abatement project to cover unforeseen expenses; and WHEREAS, $182,000 needs to be added to the High School Soil Remediation project for removal of contaminated soil with disposal costs to be budgeted later, and WHEREAS, the voters approved a $8,000,000 bond to construct a swimming pool; and WHEREAS, the High School and Middle School roof repair costs will be $76,496 over budget; and WHEREAS, a FEMA (Federal Emergency Management Agency) grant passed through the State of Alaska for $938,633 for Kodiak Middle School Seismic Upgrades; and WHEREAS, the HS Pool project contingency line item is $385,000 less than the industry standard as recommended by the architect; and WHEREAS, the State awarded the Borough $950,000 to fund property acquisition, site investigation, design and construction of a new Alaska Fish and Game Facility: and WHEREAS, the State awarded the Borough $10,000 to use for the purchase and installation of playground equipment at the Kodiak Middle School: and WHEREAS, the State awarded $130,000 to the Borough for the purchase of equipment, materials, labor costs and supplies for all Borough District Schools. Kodiak Island Borough, Alaska Ordinance No. FY2008 -01 B Page 1 of11 SUBSTITUTED VERSION NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The FY2008 budget will be amended per the attached schedule. Section 2: The Borough accepts Grant 08 -DC -409, Kodiak Near Island Research and Administrative Facility, in the amount of $950,000. Section 3: The Borough accepts grant 08 -DC -318, Kodiak Middle School Playground equipment, in the amount of $10,000.00. Section 4: The Borough accepts grant 08 -DC -317, Area Wide School Supplies and Equipment, in the amount of $130,000. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 KODIAK ISLAND BOROUGH ATTEST: Jerome Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2008-01B Page 2 of11 SUBSTITUTED VERSION FY2008 Ammended As of Difference Budget 10/30/07 Budget Revised Adjustments Budget Fund 100 General Fund Revenues: Property Tax 8,773,010 8,761,551 11,459 100% 8,773,010 Boat & Motor Vehicle Tax 276,450 73,979 202,471 27% 276,450 Payment in Lieu of Taxes 814,000 12,501 801,499 2% 814,000 Severance Taxes 1,270,530 413,179 857,351 33% 1,270,530 Penalties & Int on tax 175,000 82,008 92,992 47% 175,000 Licenses and Permits 91,500 32,766 58,734 36% 91,500 Federal Shared Revenue 350,075 350,075 0% 350,075 Temporary Fiscal Relief 571,286 571,286 0% 571,286 Raw Fish Tax 950,000 1,040,748 (90,748) 110% 950,000 Raw Fish Tax - Offshore 2,000 2,000 0% 2,000 Other State Revenue 26,000 26,000 0% 26,000 Fines 1,000 350 650 35% 1,000 Interest Eamings 400,000 142,574 257,426 36% 400,000 Miscellaneous 54,200 6,715 47,485 12% 54,200 Use of Fund Balance 554,975 554,975 0% 417,360 972,335 Sale of Fixed Assets - Transfer In Total 14,310,026 10,566,371 3,743,655 74% 417,360 14,727,386 Expenditures: Borough Assembly 180,910 42,563 138,347 24% 180,910 Borough Manager 373,985 83,245 290,740 22% 373,985 Borough Clerk 398,510 114,299 284,211 29% 398,510 Borough Attomey 130,000 26,783 103,217 21% 130,000 Finance Department 699,788 203,299 496,489 29% 699,788 Management Information Services 531,420 133,308 398,112 25% 531,420 Assessing Department 436,364 126,974 309,390 29% 436,364 Engineering/ Facilities Dept 111,432 26,832 84,600 24% 111,432 Community Development 757,810 179,924 577,886 24% 17,360 775,170 Building Official 132,765 2,570 130,195 2% 132,765 Economic Development 75,000 21,500 53,500 29% 75,000 General Administration 324,170 74,134 250,036 23% 324,170 Emergency Preparedness 8,800 3,612 5,188 41% 8,800 School District Support 9,662,622 3,696,375 5,966,247 38% 9,662,622 Health and Sanitation 227,620 268,889 (41,269) 118% 5,100 232,720 Animal Control 72,380 72,380 0% 72,380 Culture and Recreation 87,000 61,166 25,834 70% (5,100) 81,900 Colledge and Libraries 93,000 12,000 81,000 13% 93,000 Transfers Out 6,450 6,450 - 100% 400,000 406,450 Total 14,310,026 5,083,923 9,226,103 36% 417,360 14,727,386 Fund 205 Child Care Assistance Program Revenue 77,000 20,717 56,283 27% 77,000 Expenditures 77,000 30,488 46,512 40% 77.000 Fund 210 Land Sales Revenue 96,700 13,901 82,799 14% 96,700 Expenditures 96,700 11,750 84,950 12% 96,700 Kodiak Island Borough, Alaska Ordinance No. FY2008 -01 B Page 3 of11 SUBSTITUTED VERSION Fund 220 Buildings and Grounds FY2008 Ammended As of Difference Budget 10/30/07 Budget Revised Adjustments Budget Revenues Revenues 449,810 368,983 80,827 82% 449,810 Transfers in 220,000 220,000 100% 220,000 Use of Fund Balance 121,400 - 121,400 0% 121,400 Total Revenues 791,210 588,983 202,227 74% 791,210 Expenditures - Borough Building 406,610 85,761 320,849 21% 406,610 MHC Apartments 11,000 3,285 7,715 30% 11,000 School Buildings 347,000 174,888 172,112 50% 347,000 Parks 26,600 4,277 22,323 16% 26,600 Total Expenditures 791,210 268,211 522,999 34% 791,210 Fund 230 Coastal Management Revenues 24,000 24,000 0% 24,000 Expenditures - - CMG Regular 24,000 3,266 20,734 14% 24,000 Total Expenditures 24,000 3,266 20,734 14% - 24,000 Fund 234 L.E.P.C. Revenues LEPC 17,800 17,800 0% 17,800 E.O.P. Grant - - 0% - Revenues 17,800 17,800 0% 17,800 Expenditures - Expenditures -LEPC 17,800 2,471 15,329 14% 17,800 Expenditures-FEMA grant - 111 (111) 0% - Total Expenditures 17,800 2,582 15,218 15% 17,800 Fund 240 Womens Bay Road Service Revenues 125,532 134,191 (8,659) 107% 125,532 Expenditures 125,532 243 125,289 0% 125,532 Fund 242 Service District No. 1 Revenues 220,000 233,174 (13,174) 106% 220,000 Expenditures 220,000 18,399 201,601 8% 220,000 Fund 243 Service Area No. 2 Revenues - 121 (121) Expenditures Fund 244 Monaska Bay Road District Revenues 43,175 44,579 (1,404) 103% 43,175 Expenditures 43,175 129 43,046 0% 43,175 Fund 246 Bay View Road Service Area Revenues 5,700 6,666 (966) 117% 5,700 Expenditures 5,700 9 5,691 0% 5,700 Kodiak Island Borough, Alaska Ordinance No. FY2008-01B Page 4 of11 SUBSTITUTED VERSION FY2008 Ammended As of Difference Budget Revised Budget 10/30/07 % Adjustments Budget Fund 250 Fire Protection Area No. 1 Revenues 426,500 411,108 15,392 96% 426,500 Expenditures 426,500 131,971 294,529 31% 426,500 Fund 252 Womens Bay Fire Department Revenues 93,010 91,017 1,993 98% 93,010 Expenditures 93,010 25,632 67,378 28% 93,010 Fund 254 KIB Airport Fire District Revenues 14,230 13,710 520 96% Expenditures 14,230 12,813 1,417 90% 14,230 14,230 Fund 280 Woodland Acres Street Lights Revenues 6,000 242 5,758 4% 6,000 Expenditures 6,000 1,364 4,636 23% 6,000 Fund 281 Trinity Islands Lighting Dist. Revenues 3,800 3,894 (94) 102% 3.800 Expenditures 3,800 481 3,319 13% 3,800 Fund 262 Mission Lake Tide Gate Revenues 3,050 3,612 (562) 118% 3,050 Expenditures 3,050 174 2,876 6% 3,050 Fund 283 Trinity Islands Paving Dist. Revenues 39,880 32,646 7,234 82% 39,880 Expenditures 39,880 65 39,815 0% 39,880 Fund 275 Kodiak Arts Council Revenues 69,460 14,770 54,690 21% 69,460 Expenditures 69,460 20,347 49,113 29% 69,460 Fund 276 Facilities Fund Revenues 2,000,000 506,578 1,493,422 25% 2,000,000 Expenditures/Transfers Out: Building Insurance 220,000 220,000 - 100% 220,000 Debt Service 922,250 922,250 - 100% 922,250 Capital Projects Fund 410 700,000 700,000 100% 700,000 Contengencies - inflation proofing 157,750 157,750 0% 157,750 Total Expenditures 2,000,000 1,842,250 157,750 92% 2,000,000 Fund 277 Tourism Development Revenues 50,000 18,054 31,946 36% 50,000 Expenditures 50,000 25,008 24,992 50% 50,000 Fund 290 Fern Fuller Trust Revenues 437,000 14,033 422,967 3% 437,000 Expenditures 437,000 3,209 433,791 1% 437,000 Kodiak Island Borough, Alaska Ordinance No. FY2008 -01B Page 5 of11 SUBSTITUTED VERSION FY2008 Ammended As of Difference Budget 10/30107 Budget Revised Adjustments Budget Fund 300 Debt Service Revenues State Debt Reimbursement 1,789,310 94,329 1,694,981 5% 1,789,310 Interest Earnings 20,000 4,951 15,049 25% 20,000 Transfers in General Fund - Education 539,210 539,210 100% 539,210 General Fund - Health - - - Facilities Fund 922,250 922,250 - 100% 922,250 Hospital Fund 200,000 200,000 0% 200,000 Use of fund balance - - 0% - Total Revenues 3,470,770 1,560,740 1,910,030 3,470,770 Expenditures Expenditures - School Debt 2,699,150 774,488 1,924,662 29% 2,699,150 Expenditures - Hospital Debt 765,000 97,503 667,497 13% 765,000 Expenditures - Karluk Loans 6,620 6,620 0% 6,620 Expenditures -Other Debt - - 0% - Total Expenditures 3,470,770 871,991 2,598,779 25% 3,470,770 Kodiak Island Borough, Alaska Ordinance No. FY2008-01B Page 6 of11 SUBSTITUTED VERSION Capital Projects Fund 410- Borough Capital Projects: FY2008 Ammended As of Difference Budget 10/30/07 Revenues: Interest Earnings 54,898 151,531 (96,633) 276% 54,898 Contributions for BMX track 39,670 39,667 3 100% 39,670 Miscellaneous - 0% Total Revenues 94,568 191,198 (96,630) 202% 94,568 Operating Transfers In: - - General Fund 147352 55,000 62,352 47% 40 0,000 517352 Bayside Fire Department 448,800 426,800 22,000 95% 448,800 Facilities Fund 1,434,384 642,384 792,000 45% 1,434,384 Total Operating Transfers In 2,000,536 1,124,184 876,352 56% 400,000 2,400,536 Total Revenues 2,095,104 1,315,382 779,722 63% 400,000 2,495,104 Projects: 146 BMX Bike Trail 174 Bayside Storage Addition & Engine Bay 00102 Bayside Underground Electrical 03105 Northstar School road /parking lot design 03108 Borough Building Parking Lot 03106 KHS emergency generator 03109 Borough Building air handling penthouse 03110 Borough Building emergency generator 03120 WB Comm Plan Revision 05023 Peterson School Upgrade 05025 High School Gym Seismic 06001 Computer Upgrade 07008 Seismic Repair 07015 High School kitchen floor 07016 R and replacement of culverts at Panamaroff Creek 07017 Hospital Solarium 07018 HS Pool Repairs 08001 Kodiak Middle School Asbestos Abatement 08002 Main elementary Asbestous abatment 08003 HS Soil Remediation 08004 Computer Assisted Mass Appr Trailer to Fund 430 Other Projects Total Borough Projects 94,670 49,278 45,392 52% 94,670 426,800 4,634 422,166 1% 426,800 22,000 - 22,000 0% 22,000 50,000 29,189 20,811 58% 50,000 50,000 50,000 0% 50,000 50,000 50,000 0% 50,000 10,000 10,000 0% 10,000 20,000 2,353 17,647 12% 20,000 33,380 22,392 10,988 67% 33,380 14,230 (14,230) 0% 4,656 (4,656) 0% 114,000 123,744 (9,744) 109% 114,000 390,000 - 390,000 0% (3 90,000) - - 12,323 (12,323) 0% 12,323 12,323 30,000 - 30,000 0% 30,000 25,000 25,000 0% 25,000 40,000 - 40,000 0% 40,000 155,000 69,657 85,343 45% 27,000 182,000 43,000 94,341 (51,341) 219% 43,000 215,000 155,194: 59,806 72% 182,000 397,000 0% ': 400,000 400,000 0% + 390,000 390,000 326,254 326,254 0% (221,323) 104,931 Budget Revised Adjustments Budget 2,095,104 581,991 1,513,113 28% 400,000 2,495,104 Kodiak Island Borough, Alaska Ordinance No. FY2008-01B Page 7 of11 SUBSTITUTED VERSION Fund 420 -GO Bond Projects: Revenues Interest Earnings Proceeds from bond 2004A Bond Issue Proceeds from bond 2004B Bond Issue Proceeds from bond 200XX Bond Issue Projects: 03119 New Swimming Pool 04101 Old Harbor GymNoc Ed renovation 04102 Larsen Bay School floor repair 04103 Ouzinkie Gym renovation 05002 Evacuation Center earthquake evaluation 05009 Kodiak Middle School concrete repair 05010 Kodiak High School asbestos & floor covering 05011 District -wide floor covering replacement 05012 Kodiak High School heating and ventilation 05013 Kodiak High School insulastion and windows 05014 Kodiak High School and Middle School roof repair 05015 High School Voc ed /classroom reclaimation 05016 East School heating and ventilation 05017 Learning Center renovation Contingencies FY2008 Ammended As of Difference Budget 10/30/07 2,000,000 1,528,890 471,110 76% 2,000,000 9,302,760 9,302,760 (0) 100% 9,302,760 11,050,000 11,052,760 (2,760) 100% 11,050,000 0% - 8,000,000 8,000,000 22,352,760 21,884,411 6,210,000 2,251,134 339,883 1,858,255 500,000 237,918 304,704 728,708 250,000 596,020 523,504 4,840,788 520,000 1,181,336 2,010,510 22,352,760 1,019,056 2,808 1,526 21,710 323,152 9,350 212,517 378,572 174 4,117 11 64,852 109,425 25,677 4,775,936 1% 2,764,047 19,588,713 12% Budget Revised Adjustments Budget 468,349 98% 8,000,000 30,352,760 5,190,944 16% 8,385,000 14,595,000 2,248,326 0% 2,251,134 338,357 0% 339,883 1,836, 545 1% 1,858,255 176,848 65% 500,000 228,568 4% 237,918 92,187 70% 304,704 350,136 52% 728,708 249,826 0% 250,000 591,903 1% 596,020 (67,607) 113 78,498 600,000 4,840,788 410,575 21% 520,000 1,155,659 2% 1,181,336 2,010,510 ? 0% (461,496) 1,549,014 8,000,000 30,352,760 Kodiak Island Borough, Alaska Ordinance No. FY2008 -01 B Page 8 of11 SUBSTITUTED VERSION Fund 430 -State Capital Grant Projects: Revenues: KIB Waste Management Implementation Anton Larsen Bay Boat Ramp School Repair Tide Gate Chiniak Grant SHSGP Grant ADF &G, fish research Coastal Impact Program CIAP Grant Kodiak Cadastral Grant AK Coastal Management Homeland Security 06008 Summit Lake Trail 06007 ADF & G Building Design 2005 Pre Disaster Mitigation Grant 05022 KMS Seismic Upgrade 410/523 05026 HS Library Wing Seismic Retrofit 07001 Area Wide School Equipment and Supplies 07003 Island Lake Trail 07004 Larsen Bay Equipment 07005 Main elementay School Playground Equipment 07006 Port Lions Community Workshop 07008 School Facilities Seismic Repairs 07009 Tsunami Siren, Upgrades & Additions 07010 ADF & G Near Island Facility 07011 Ouzinkie Dock Replacement 07012 Ouzinkie School Seismic Upgrade East Elementary School Siesmic Upgrade School District Computer Grant Emergency Communications and Planing Kodiak Middle School Playground Equipment Area Wide School Supplies and Equipment Near Island Fish and Game Building Transfers in from fund 410 Transfers in from fund 276 Anton Larson Boat Ramp Coastal Impact Program Dingell- Johnson Contribution Transfer from fund 410 Total Revenues Projects: 164 KIB Waste Management Implementation 177 Anton Larsen Bay Boat Ramp 00100 High School Repair FY00 00104 Tide Gate 02107 ADF &G Research Study 03114 Coastal Impact Program 03116 School Repair 03118 Chiniak Multi -use Grant 04106 SHSGP Grant 05003 Kodiak Cadastral Grant 05005 AK Coastal Management 05019 Homeland Security 05020 2005 PreDisaster Mitigation Grant 05022 KMS Seismic Upgrade 410/523 05026 HS Library Wing Seismic Retrofit 06008 Summit Lake Trail 06007 ADF & G Building Design 07001 Area Wide School Equipment and Supplies 07003 Island Lake Trail FY2008 Ammended As of Difference Budget 10/30/07 1,741,400 976,048 765,352 56% 1,741.400 560,000 560,000 - 100% 560,000 252,574 252,574 0% 252,574 20,000 20,000 0% 20,000 20,000 20,000 0% 20,000 138,151 138,151 0% 138,151 200,000 200,000 0% 200,000 189,985 - 189,985 0% 189,985 40,000 40,000 0% 40,000 46,000 46,000 0% 46,000 17,733 17,733 0% 17,733 23,500 23,500 0% 23,500 1,500,000 1,500,000 0% 1,500,000 41,724 41,724 0% 41,724 0% 938,633 938,633 465,618 465,618 0% 465,618 70,000 70,000 0% 70,000 48,000 48,000 0% 48,000 70,000 70,000 0% 70,000 25,000 25,000 0% 25.000 10,000 10,000 0% 10,000 910,000 910,000 0% 910,000 100,000 100,000 0% 100,000 500,000 500,000 0% 500,000 570,000 570,000 0% 570,000 308,344 308,344 0% 308,344 138,606 - 138,606 0% 138,606 70,000 70,000 0% 70,000 30,000 30,000 0% 30,000 0% 10,000 10,000 0% 130,000 130,000 0% 950,000 950,000 0% 390,000 390,000 0% 60,000 60,000 0% 60,000 130,000 130.000 0% 130.000 140,000 140,000 0% 140.000 - 0% 136,350 136,350 0% 136,350 8,572,985 1,536,048 7,036,937 18% 2,418,633 10,991,618 1,741,400 896,350 126,770 20,000 200,000 319,985 125,804 20,000 138,151 40,000 46,000 17,733 41,724 465,618 23,500 1,500,000 70,000 48,000 Budget Revised Adjustments Budget 936,714 804,686 54% 1,741,400 625,870 270,480 70% 896,350 125,398 1,372 99% 126,770 21,074 (1,074) 105% 20,000 139,518 60,482 70% 200,000 297,150 22,835 93% 319,985 140,222 (14,418) 111% 125,804 11,498 8,502 57% 20,000 122,784 15,367 89% 138,151 74,087 (34,087) 185% 40,000 53,733 (7,733) 117% 46,000 14,430 3,303 81% 17,733 20,181 21,543 48% 41,724 889,100 (889,100) 0% 938,633 938;633 5,360 460,258 1% 465,618 17,343 6,157 74% 23,500 1,500,000 0% 1,500,000 51,150 18,850 73% 70,000 48,000 0% 48,000 Kodiak Island Borough, Alaska Ordinance No. FY2008-01B Page 9 of11 SUBSTITUTED VERSION 07004 Larsen Bay Equipment 07005 Main elementay School Playground Equipment 07006 Port Lions Community Workshop 07008 School Facilities Seismic Repairs 07009 Tsunami Siren, Upgrades & Additions 07010 ADF & G Near Island Facility 07011 Ouzinkie Dock Replacement 07012 Ouzinkie School Seismic Upgrade 07014 East Elementary School Siesmic Upgrade School District Computer Grant Emergency Communications and Planing Kodiak Noddle School Playground Equipment Area Wide School Supplies and Equipment Near Island Fish and Game Building Total Expenditures FY2008 Ammended As of Difference Budget 10/30/07 70,000 25,000 10,000 910,000 100,000 500,000 570,000 308,344 9,741 138,606 5,383 70,000 30,000 70,000 8,572,985 25,000 - 3,147 6,853 910,000 1,000 99,000 500,000 570,000 298,603 133,223 70,000 30,000 3,589,883 4,983,102 Budget Revised Adjustments Budget 70,000 100% 25,000 31% 10,000 0% 390,000 1,300,000 1% 100,000 094 500,000 570,000 308,344 4% 138.606 0% 70,000 0% 30,000 0% 10,000 10,000 0 °k 130,000 130,000 0% 950,000. 950,000 42% 2,418,633 10,991,618 0% 0% 3% Kodiak Island Borough, Alaska Ordinance No. FY2008-01B Page 10 of11 SUBSTITUTED VERSION FY2008 Ammended As of Difference Budget Revised Budget 10/30/07 % Adjustments Budget Fund 490 Landfill Capital Projects Landfill Closeout/Leachate Treatment 3,000,000 3,000,000 0% 3,000,000 07013 Landfill Lateral Expansion - 0% - Total Revenues 3,000,000 - 3,000,000 0% - 3,000,000 165 Landfill Closeout /Leachate Treatment 3,000,000 3,000,000 0% 3,000,000 07013 Landfill Lateral Expansion - - - 0% - Total Expenditures 3,000,000 - 3,000,000 0% - 3,000,000 Fund 495 Hospital Capital Projects Hospital 700,000 700,000 0% 700,000 Providence 125,000 125,000 0% 125,000 From Facilities Fund 125,000 125,000 0% 125,000 Total Revenues 825,000 825,000 0% 825,000 03112 Hospital access and parking, Phase I & 11 03113 Specialty Clinic roof repair /replacement 05021 CHC architural Engineering Total Expenditures Fund 530 Solid Waste Collection /Disposal Revenues Waste Collection Waste Disposal Total Revenues 660,288 189,469 470,819 29% 660,288 79,712 79,712 - 100% 79,712 250,000 4,381 245,619 2% 250,000 865,000 273,562 591,438 32% 865,000 2,776,703 897,566 1,879,137 32% 1,149,968 457,102 692,866 40% 3,926,671 1,354,668 2,572,003 34% 2,776,703 1,149,968 3,926,671 Expenditures Waste Collection 1,294,662 312,861 981,801 24% 1,294,662 Waste Disposal 2,632,019 593,366 2,038,653 23% 2,632,019 Total Expenditures 3,926,681 906,227 3,020,454 23% 3,926,681 Fund 540 Hospital Enterprise Fund Revenues: Interest Earnings - 3,145 (3,145) Providence Hospital Lease 720,000 240,000 480,000 33% 720,000 Transfer in from Fern Fuller 66,500 66,500 0% 66,500 Use of Retained Earnings 874,350 874,350 0% 874,350 Total Revenues 1,660,850 243,145 1,417,705 15% 1,660,850 Expenditures and Transfers: Expenditures 1,660,850 19,291 1,641, 559 1% 1,660,850 Total Expenditures 1,660,850 19,291 1,641,559 1% 1,660,850 Fund 555 - Kodiak Fisheries Research Center Revenues 2,105,019 605,409 1,499,610 29% 2,105,019 Expenditures Research Facility 2,070,519 201,351 1,869,168 10% 2,070.519 Dorm Facility 34,500 6,609 27,891 19% 34,500 2,105,019 207,960 1,897,059 10% 2,105,019 Fund 580 - Telephone 911 Service Revenues 69,000 5,224 63,776 8% Expenditures 69,000 941 68,059 1% 69,000 69,000 Kodiak Island Borough, Alaska Ordinance No. FY2008-01B Page 11 of11 TITLE: Reconsideration of Ordinance No. FY2008 -11 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.16 Borough Assembly, Section 2.16.060 Declaring and Filling Vacancies, and Chapter 2.17 Rules of the Assembly, Section 2.17.070 C Ordinances, Resolutions, and Motions SUMMARY: Assembly members Branson and Friend filed a motion for reconsideration. Assembly member Branson should make the motion to reconsider the vote taken on this. Discussion is to focus on the reason to reconsider the vote — as the maker of the motion, Assembly member Branson should speak first. If the motion to reconsider passes with a majority vote, the motion to adopt Ordinance No. FY2008 -11 is going to be before you as the original vote had not taken place. If the motion to reconsider fails, the original vote stands. Only one motion to reconsider shall be entertained even if the Assembly overturns the original action. If a motion to reconsider fails, a second motion to reconsider the same action shall not be in order. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 20, 2007 REGULAR MEETING ITEM NO: 12.A RECOMMENDED MOTION: Move to reconsider the vote taken on Ordinance No. FY2008 -11. N. A motion to reconsider may be applied to any ordinance, resolution, or action of the assembly and has precedence over all motions except the motion to adjourn. An assembly member may make a motion to reconsider only if: 1. the assembly member voted with the prevailing side on the question to be reconsidered. If an ordinance, resolution, or other action which is the subject of a motion to reconsider was not adopted on initial consideration because it did not receive the required number of "yes" votes, then those assembly members voting "no" shall constitute the prevailing side regardless of the relative number of "yes" and "no" votes cast on the question. An assembly member who changes his vote in accordance with these rules shall be a member of the side on which his vote is finally recorded by the clerk; and 2. the assembly member makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken. Such a motion for reconsideration requires a two- thirds (2/3) vote to carry; or 3. two (2) assembly members file with the clerk, not later than 5:00 p.m. on the first borough business day following the day on which the vote was taken, a notice of intent to reconsider and then makes the motion to reconsider at the next regular assembly meeting. The assembly member can file by telephone provided that the notice of intent to reconsider is signed before the motion is considered. Such a motion for reco ' • - • cam. An assembly meeting which is recessed and reconvened on a different day shall constitute one meeting. The reconvened session of such a meeting shall not constitute the "next regular assembly meeting" as that term is used in this section. Only one (1) motion to reconsider shall be entertained on any ordinance, resolution or other action even if the assembly overturns the original action. If a motion to reconsider a particular ordinance, resolution, or other action fails, a second motion to reconsider the same action shall not be in order. 0. A motion to rescind may be applied to any previously adopted ordinance, resolution, or action of the assembly except: 1. when the question could be reached by a motion to reconsider; 2. when something has been done, as a result of the vote on the main motion, that is impossible to undo or persons have otherwise reasonably relied on the vote to their detriment. (The unexecuted part of an action, however, can be rescinded); 3. when the matter is in the nature of a contract, and the other party has been informed of the vote; or 4. when a resignation has been acted upon, or a person has been elected to or expelled from membership or office, and the person was present or has been officially notified of the action. A motion to rescind may be made at any subsequent assembly meeting and there is no time limit on when the motion can be made. A motion to rescind shall not be renewed during the same meeting at which it was made, but it may be reconsidered in the same manner as any other main motion. A motion to rescind yields to all privileged, subsidiary and incidental motions and it requires the same vote as that required to pass the previously adopted action, There shall be no more than one (1) motion to rescind on a question. If the motion to rescind passes, the question on the main motion is automatically before the assembly for further action, including amendment. (Ord. 03 -06 §2(part), 2003; Ord. 02 -16 §4, 2002; Ord. 98 -02 §4 (part), 1998; Ord. 90 -48 §3, 1991; Ord. 90 -12 §2, 1990; Ord. 87 -11 -0 §3, 1987; Ord. 86- 13 -O(A) §3(part), 1986; Ord. 79 -11 -0 (part), 1979). •1 - • 11 . r 2 -19 (KIB 06/07) Supp. #49 1,26t, 'Let IA; , having voted on the prevailing side, file my intent to reconsider the vote taken on Ordinance No. FY2008 -11 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.16 Borough Assembly Section 2.16.060 Declaring and Filling Vacancies, and Chapter 2.17 Rules of the Ass-mbly Section 2.17.070C Ordinances, Resolutions, and Motions. ?�� A JA F9 �� • rAOTAR y I FILED with the RECONSIDERATION AFFIDAVIT ORN to before me this 6th day of December 2007. Notary Public Yn and For Alask . My Commission Expires: WM W/1 /M, 0 I, eeteo / %;'eot , having voted on the prevailing side, file my intent to reconsider the vote taken on Ordinance No. FY2008 -11 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.16 Borough Assembly Section 2.16.060 Declaring and Filling Vacancies, and Chapter 2.17 Rules of the Assembly Section 2.17.070C Ordinances, Resolutio . d Motions. L<4ith rnatu SUBSCRIBED AND SWORN to before me this 6th day of December 2007. Nova M. Javier, CMC Borough Clerk Notary Public In afid For Alaska My Commission Expires: jern+' Vet Island Borough Clerk this 1- of Oct iber2007. KIBC 2.17.070 A motion to reconsider may be applied to any ordinance, reso •n, or action of the assembly and has precedence over all motions excep - - motion to adjourn. An assembly member may make a motion to reconside : y if: 1. the assembly member voted with • - prevailing side on the question to be reconsidered. If an ordinance, resolu , or other action which is the subject of a motion to reconsider was not ado• - • on initial consideration because it did not receive the required number of "yes" - •tes, then those assembly members voting "no" shall constitute the prevailin• .'•e regardless of the relative number of "yes" and "no" votes cast on the questio • . An assembly member who changes his vote in accordance with these rules sh- •e a member of the side on which his vote is finally recorded by the clerk. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -11 Introduced by: Borough Assembly Requested by: Borough Assembly Drafted by: Borough Attorney Introduced: November 15, 2007 Public Hearing: December 6, 2007 Failed: December 6, 2007 Reconsidered: December 20, 2007 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.16 BOROUGH ASSEMBL Y SECTION 2.16.060 DECLARING AND FILLING VACANCIES, AND CHAPTER 2.17 RULES OF THE ASSEMBLY SECTION 2.17.070C ORDINANCES, RESOLUTIONS, AND MOTIONS WHEREAS, KIBC 2.16.060 A. 4. presently reads as follows: The Assembly shall declare an assembly member's seat vacant when the assembly member misses more than four (4) unexcused consecutive regularly scheduled assembly meetings, or misses one - half (1/2) of all regular assembly meetings of the assembly in a six (6) month period, and WHEREAS, this section of the borough code was last amended in May 1990; and WHEREAS, since 1990 the Assembly has not used this code section to declare any assembly member's seat to be vacant; and WHEREAS, it has been brought to the attention of the Assembly that this section could be read to require the Assembly to declare an assembly member's seat to be vacant, regardless of whether or not absences were excused by the Assembly, and whether or not the assembly member missed regularly scheduled, but canceled meetings; and WHEREAS, it is in the best interests of the Kodiak Island Borough to clarify and amend this section to reflect the practices of the Assembly since 1990; and WHEREAS, according to KIBC 1.01.110 A, the Assembly may expressly provide that the amendment to KIBC 2.16.060 A.4. extinguishes any penalty, forfeiture, liability incurred, or right accruing under KIBC 2.16.060 A.4, as it read before this amendment; and HEREAS, it is in the best interests of the Kodiak Island Borough to make the amendment to KIBC 2.16.060 A.4. retroactive to when it was last amended in May1990; and a HEREAS, according to KIBC 1.01.110 A, the assembly has the right to make amendments of ny ordinance retroactive, but KIBC 2.17.070 C could be read to restrict the retroactive affect of amendments; and WHEREAS, it is in the best interests of the Kodiak Island Borough to amend KIBC 2.17.070 C to make it consistent with KIBC 1.01.110 A; and Kodiak Island Borough Ordinance FY2008 -11 Page 1 of 2 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 2.16 Borough Assembly, Section 2.16.060 Declaring and Filling Vacancies is amended to read: 2.16.060 Declaring and filling vacancies. A. The assembly shall declare an assembly member's seat vacant when the assembly member: 1. resigns and the assembly accepts the resignation; 2. is convicted of a felony or an offense involving a violation of the oath of office; 3. no longer physically resides in the borough; or 4. (a) misses more than four (4) unexcused consecutive regularly scheduled and actually held assembly meetings, or (b) without excuse, misses one -half (1/2) of all regular assembly meetings of the assembly (which includes all scheduled meetings whether those meetings were held, adjourned, recessed or canceled) in a six (6) month period. Section 3: Title 2 Administration and Personnel Chapter 2.17 Rules of the Assembly, Section 2.17.070 C Ordinances, Resolutions, and Motions Kodiak Island Borough Code Section 2.17.070 C is amended to read: 2.17.070 C Rules of the Assembly C. An ordinance takes effect upon adoption or at a later date specified in the ordinance, or the ordinance may have retroactive affect if it is adopted under and References KIBC 1.01.110 A. Section 4: This ordinance is retroactive to the effective date of Ordinance 90 -18. Section 5: The amendment of KIBC Code 2.16.060 A.4. is specifically intended to and shall release or extinguish any penalty, forfeiture, liability incurred by any assembly person for absences from assembly meetings during the period from May1990 until the date of its adoption in 2007 except to the extent they may have violated the ordinance as amended and clarified herein. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Kodiak Island Borough Ordinance FY2008 -11 Page 2of2 ORDINANCE NO. FY2008 -11 (POSSIBLE REVISIONS) THIS IS WHAT IS BEFORE THE ASSEMBLY RIGHT NOW: 2.16.060 Declaring and filling vacancies. A. The assembly shall declare an assembly member's seat vacant when the assembly member: 1. resigns and the assembly accepts the resignation; 2. is convicted of a felony or an offense involving a violation of the oath of office; 3. no longer physically resides in the borough; or 1. Lai misses more than four (4) unexcused consecutive regularly scheduled and actually held assembly meetings, or (b) without excuse, misses one -half (1/2) of all regular assembly meetings of-414e-Assembly (which includes all scheduled meetings whether those meetings were held, adjourned, recessed or canceled) in a six (6) month period. (Regular meetings are those scheduled on the first and third Thursday of each month.) The following options do not include the wording (which includes all scheduled meetings whether those meetings were held, adiourned, recessed or canceled) because of the comments whether cancelled meetings should be accounted for. OPTION A - MIRRORING ARTICLE II OF THE CITY CHARTER A. The assembly shall declare an assembly member's seat vacant when the assembly member: 1. resigns and the assembly accepts the resignation; 2. is convicted of a felony or an offense involving a violation of the oath of office; 3. no longer physically resides in the borough; or Article II of the City Charter 4. if a member of the assembly is absent from four (4) consecutive regular meetings, the assembly may declare the seat vacant; and the office shall be automatically vacated if a member is absent from more than one -half of all regular meetings held within any six -month period. (Regular meetings are those scheduled on the first and third Thursday of each month.) Section 8 Absences to terminate membership. If the mayor or any member of the council shall be absent from four consecutive regular meetings of the council, the council may declare the office vacant; and the office shall be automatically vacated if the mayor or councilmember is absent from more than one -half of all regular meetings held within any six -month period. OPTION B — WORDING TO INCLUDE SPECIAL MEETINGS A. The assembly shall declare an assembly member's seat vacant when the assembly member: 1. resigns and the assembly accepts the resignation; 2. is convicted of a felony or an offense involving a violation of the oath of office; 3. no longer physically resides in the borough; or 4. 4. Misses more than four (4) unexcused consecutive regularly scheduled assembly meetings, or misses one -half (1/2) of all special and regular assembly meetings of the assembly in a six (6) month period. (Regular meetings are those scheduled on the first and third Thursday of each month.) OPTION C — WORDING TO DUPLICATE ALASKA STATUTES A. The assembly shall declare an assembly member's seat vacant when the assembly member: 1. resigns and the assembly accepts the resignation; 2. is convicted of a felony or an offense involving a violation of the oath of office; 3. no longer physically resides in the borough; or 4. 4. If a member of the Assembly misses three consecutive ,fregular meetings and is not excused. ALASKA STATUTES Sec. 29.20.170. Vacancies. The governing body may provide by ordinance the manner in which a vacancy occurs in any elected office except the office of mayor or school board member. Unless otherwise provided by ordinance, the governing body shall declare an elective office, other than the office of mayor or school board member, vacant when the person elected (1) fails to qualify or take office within 30 days after election or appointment; (2) is physically absent from the municipality for 90 consecutive days unless excused by the governing body; (3) resigns and the resignation is accepted; (4) is physically or mentally unable to perform the duties of office as determined by two - thirds vote of the governing body; (5) is convicted of a felony or of an offense involving a violation of the oath of office; (6) is convicted of a felony or misdemeanor described in AS 15.56 and two- thirds of the members of the governing body concur in expelling the person elected; 17\ ic. nnnvin#orl e,f �ii�l� #inn , f AC 1 Z 14• t / IJ VVIIVIIiIGV VI Q VIVIQUVII V1 !1J IJ. I J, (8) no longer physically resides in the municipality and the governing body by two- thirds vote declares the seat vacant; this paragraph does not apply to a member of the governing body who forfeits office under AS 29.20.140(a); or (9) if a member of the governing body, misses three consecutive4' gUlar meetings and is not excused. (§ 7 ch 74 SLA 1985; am § 37 ch 21 SLA 1991) OPTION D — PROPOSED AMENDMENTS FROM ASSEMBLY MEMBER FRIEND AT THE LAST MEETING A. The assembly shall declare an assembly member's seat vacant when the assembly member: 1. resigns and the assembly accepts the resignation; 2. is convicted of a felony or an offense involving a violation of the oath of office; 3. no longer physically resides in the borough; or 4. 4. (a) misses more than four (4) unexcused consecutive regularly scheduled and actually held assembly meetings, or (b) without excuse, misses one -half (1/2) of all regular assembly meetings actually held in a six (6) month period. (Regular meetings are those scheduled on the first and third Thursday of each month.) Assembly member Friend also proposed striking out Section 3 -5 of the Ordinance. Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008- 11 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KIBC 2.16.060 A. 4. WHEREAS, KIBC 2.16.060 A. 4. presently reads as follows: The assembly shall declare an assembly member's seat vacant when the assembly member misses more than four (4) unexcused consecutive regularly scheduled assembly meetings, or misses one -half (' /z) of all regular assembly meetings of the assembly in a six (6) month period, and Borough Assembly Borough Attorney WHEREAS, this section of the borough code was last amended in May, 1990; and WHEREAS, since 1990 the Assembly has not used this code section to declare any assembly member's seat to be vacant; and WHEREAS, it has been brought to the attention of the Assembly that this section should be read to require the Assembly to declare an assembly member's seat to be vacant, regardless of whether or not absences were excused by the Assembly, and whether or not the assembly member missed regularly scheduled, but canceled meetings; and WHEREAS, commercial fishing is a major part of the economy and lifestyle of the Kodiak Island Borough and participants in that industry are frequently required to be away from town for extended periods of time; and WHEREAS, it is in the best interests of the Kodiak Island Borough to assure that participants in the commercial fishing industry are not discouraged from Serving nn the_ Assembly fnr fear that their coat wou ld bo va for • -... � .. ... ..... v... .� . v . . vv. . •. . a.. a •..v.. cant YY aJ vacated for having too many excused absences; and 'WHEREAS, it is clear that the 1990 amendment merely omitted the word "excused" from the second clause of the ordinance; and Kodiak Island Borough Page 1 of 2 WHEREAS, it is in the best interests of the Kodiak Island Borough to clarify and amend this section to reflect the practices of the Assembly since 1990; NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of general application and shall be codified. Section 2: Kodiak Island Borough Code section 2.16.040 A is amended to read: 2.16.060 Declaring and filling vacancies. A. The assembly shall declare an assembly member's seat vacant when the assembly member: 1 resigns and the assembly accepts the resignation; 2. is convicted of a felony or an offense involving a violation of the oath of office; 3. no longer physically resides in the borough; or 4. without excuse, (a) misses more than four (4) consecutive regularly scheduled and actually held assembly meetings, or (b) misses one -half ( of all regular assembly meetings actually held in a six (6) month period. (Regular meetings are those scheduled on the first and third Thursday of each month.) ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH This day of December 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough Page 2 of 2 PROPOSED AMENDMENT FROM MAYOR SELBY Kodiak Island Borough KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -11 accruing under KIBC 2.16.060 A.1, ac it road boforo this amendment; and Introduced by: Borough Assembly Requested by: Borough Assembly Drafted by: Borough Attorney Introduced: November 15, 2007 Public Hearing: December 6, 2007 Failed: December 6, 2007 Reconsidered: December 20, 2007 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.16 BOROUGH ASSEMBLY SECTION 2.16.060 DECLARING AND FILLING VACANCIE WHEREAS, KIBC 2.16.060 A. 4. presently reads as follows: The Assembly shall declare an assembly member's seat vacant when the assembly member misses more than four (4) unexcused consecutive regularly scheduled assembly meetings, or misses one - half (1/2) of all regular assembly meetings of the assembly in a six (6) month period, and WHEREAS, this section of the borough code was last amended in May 1990; and WHEREAS, since 1990 the Assembly has not used this code section to declare any assembly member's seat to be vacant; and WHEREAS, it has been brought to the attention of the Assembly that this section eshould be read to require the Assembly to declare an assembly member's seat to be vacant, regardless of whether or not absences were excused by the Assembly, and whether or not the assembly member missed regularly scheduled, but canceled meetings; and WHEREAS, commercial fishing is a major part of the economy and lifestyle of the Kodiak Island Borough and participants in that industry are frequently required to be away from town for extended periods of time; and WHEREAS, it is in the best interests of the Kodiak Island Borough to assure that participants in the commercial fishing industry are not discouraged from serving on the Assembly for fear that their seat would be vacated for having too many excused absences; and WHEREAS, it is clear that the 1990 amendment merely omitted the work "excused" from the second clause of the ordinance; and WHEREAS, it is in the best interests of the Kodiak Island Borough to clarify and amend this section to reflect the practices of the Assembly since 1990; and Ordinance FY2008 -11 Page 1 of 3 PROPOSED AMENDMENT FROM MAYOR SELBY arnendrAeRtand 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 2.16 Borough Assembly, Section 2.16.060 Declaring and Filling Vacancies is amended to read: 2.16.060 Declaring and filling vacancies. A. The assembly shall declare an assembly member's seat vacant when the assembly member: 1. resigns and the assembly accepts the resignation; 2. is convicted of a felony or an offense involving a violation of the oath of office; 3. no longer physically resides in the borough; or 4. without excuse, (a) misses more than four (4) tioexstised consecutive regularly scheduled and actually held assembly meetings, or (b) misses one -half (1/2) {2-) of all regular assembly meetings actually held of-the-assembly in a six (6) month period. (Regular meetings are those scheduled on the first and third Thursday of each month.) Section 3: Title 2 Administration and Porsonnol Chapter 2.17 Rulos of tho Assombly, 2.17.070 C is amondod to road: • KIBC 1.01.110 A. Kodiak Island Borough Ordinance FY2008 -11 Page 2 of 3 PROPOSED AMENDMENT FROM MAYOR SELBY ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough Ordinance FY2008 -11 Page 3 of 3 PROPOSED AMENDMENT FROM MAYOR SELBY #2 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -11 Introduced by: Borough Assembly Requested by: Borough Assembly Drafted by: Borough Attomey Introduced: November 15, 2007 Public Hearing: December 6, 2007 Failed: December 6, 2007 Reconsidered: December 20, 2007 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.16 BOROUGH ASSEMBLY SECTION 2.16.060 DECLARING AND FILLING VACANCIE WHEREAS, KIBC 2.16.060 A. 4. presently reads as follows: The Assembly shall declare an assembly member's seat vacant when the assembly member misses more than four (4) unexcused consecutive regularly scheduled assembly meetings, or misses one - half (1/2) of all regular assembly meetings of the assembly in a six (6) month period, and WHEREAS, this section of the borough code was last amended in May, 1990; and WHEREAS, since 1990 the Assembly has not used this code section to declare any assembly member's seat to be vacant; and WHEREAS, it has been brought to the attention of the Assembly that this section Gshould be read to require the Assembly to declare an assembly member's seat to be vacant, regardless of whether or not absences were excused by the Assembly, and whether or not the assembly member missed regularly scheduled, but canceled meetings; and WHEREAS, commercial fishing is a major part of the economy and lifestyle of the Kodiak Island Borough and participants in that industry are frequently required to be away from town for extended periods of time; and WHEREAS, it is in the best interests of the Kodiak Island Borough to assure that participants in the commercial fishing industry are not discouraged from serving on the Assembly for fear that their seat would be vacated for having too many excused absences; and WHEREAS, it is clear that the 1990 amendment merely omitted the word "excused" from the second clause of the ordinance: and WHEREAS, it is in the best interests of the Kodiak Island Borough to clarify and amend this section to reflect the practices of the Assembly since 1990; Kodiak Island Borough Ordinance FY2008 -11 Page 1 of 3 PROPOSED AMENDMENT FROM MAYOR SELBY #2 • 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 2.16 Borough Assembly, Section 2.16.060 Declaring and Filling Vacancies is amended to read: 2.16.060 Declaring and filling vacancies. A. The assembly shall declare an assembly member's seat vacant when the assembly member: 1. resigns and the assembly accepts the resignation; 2. is convicted of a felony or an offense involving a violation of the oath of office; 3. no longer physically resides in the borough; or 4. without excuse, (a) misses more than four (4) tihexoused consecutive regularly scheduled and actually held assembly meetings, or (b) misses one -half (1/2) (2-) of all regularly scheduled and actually held of-the-assembly assembly meetings in a six (6) month period. (Regularly scheduled meetings are those on the first and third Thursday of each month.) 2.17.070 C is amondod to road: KIBC 1.01.110 A. Kodiak Island Borough •• Ordinance FY2008 -11 Page 2 of 3 PROPOSED AMENDMENT FROM MAYOR SELBY #2 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 Ordinance FY2008 -11 Page 3 of 3 PROPOSED AMENDMENTS FROM ASSEMBLY MEMBER BRANSON AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.16 BOROUGH ASSEMBLY SECTION 2.16.060 DECLARING AND FILLING VACANCIE WHEREAS, KIBC 2.16.060 A. 4. presently reads as follows: The Assembly shall declare an assembly member's seat vacant when the assembly member misses more than four (4) unexcused consecutive regularly scheduled assembly meetings, or misses one - half (1/2) of all regular assembly meetings of the assembly in a six (6) month period, and WHEREAS, this section of the borough code was last amended in May 1990; and WHEREAS, since 1990 the Assembly has not used this code section to declare any assembly member's seat to be vacant; and WHEREAS, it has been brought to the attention of the Assembly that this section could be read to require the Assembly to declare an assembly member's seat to be vacant, regardless of whether or not absences were excused by the Assembly, and whether or not the assembly member missed regularly scheduled, but canceled meetings; and WHEREAS, it is in the best interests of the Kodiak Island Borough to clarify and amend this section to reflect the practices of the Assembly since 1990; and WHEREAS, according to KIBC 1.01.110 A, the Assembly may expressly provide that the amendment to KIBC 2.16.060 A.4. extinguishes any penalty, forfeiture, liability incurred, or right accruing under KIBC 2.16.060 A.4, as it read before this amendment; and KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -11 Introduced by: Borough Assembly Requested by: Borough Assembly Drafted by: Borough Attorney Introduced: November 15, 2007 Public Hearing: December 6, 2007 Failed: December 6, 2007 Reconsidered: December 20, 2007 Adopted: WHEREAS, it is clear that the 1990 amendment merely omitted the word "excused" from the second clause of the ordinance; and Kodiak Island Borough Ordinance FY2008 -11 Page 1 of 3 PROPOSED AMENDMENTS FROM ASSEMBLY MEMBER BRANSON WHEREAS, it is in the best interests of the Kodiak Island Borough to amend KIBC 2.17.070 C to make it consistent with KIBC 1.01.110 A; 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 2.16 Borough Assembly, Section 2.16.060 Declaring and Filling Vacancies is amended to read: 2.16.060 Declaring and filling vacancies. A. The assembly shall declare an assembly member's seat vacant when the assembly member: 1. resigns and the assembly accepts the resignation; 2. is convicted of a felony or an offense involving a violation of the oath of office; 3. no longer physically resides in the borough; or 41. (a) miccos moro than four (4) unoxcucod consocutive rogularly cchodulod and actually held ascombly mootings, or (j) without excuse, mimes one half (1/2) of all rogular ascombly mootings of the assembly (which includcs all 2.17.070 C is amondod to road: 2 C Glee. o f the Asse Kodiak Island Borough 4. if a member of the Assembly misses three consecutive held regular meetings and is not excused. • e . KIBC 1.01.110 A. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 Ordinance FY2008 -11 Page 2 of 3 PROPOSED AMENDMENTS FROM ASSEMBLY MEMBER BRANSON ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Ordinance FY2008 -11 Page 3 of 3 KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 20, 2007 REGULAR MEETING TITLE: Contract No. FY2008 -18 for the Construction of a New Swimming Pool. SUMMARY: Kodiak Island 3.16.020 "Limitation on Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. This Contract is for the construction of the New Kodiak MS /HS Swimming Pool. The Construction Documents, Bid Documents and associated Addendum, prepared by ECI /Hyer, are available for review on the KIB website. The Project is funded by two voter approved Bonds in the amount of $14,210,000.00. Bids were received in response to KIB's Invitation to Bid dated September 2007. The Bid Form includes a Base Bid Amount, six additive alternate amounts, and three deductive alternate amounts. Responsive bids were received, from three bidders. Bid Tabulation is attached. The E/F Department has reviewed the bids and checked contractor references and found no grounds for disqualification. Staff evaluated the alternate bid amounts and makes this recommendation based on the attached project budget and quality features of the facility. See attached Alternate Selection sheet. Note: The budget for Contingency represents 3.7% of the Contract Cost. Additional funding may need to be identified to increase this item to the recommended 7% level. Staff recommends that a Contract for the New MS /HS Swimming Pool be awarded to Janssen Contracting, Inc. in an amount not to exceed $11,683,895.00. This includes the Base Bid and Alternates 2, 4 and 6. FISCAL NOTES: Account No.: 420 500 452 150 03119 6 Amount Budgeted: Expenditure Required: ono rJr b . ENDA: /J "` ITEM NO. 13.A.1 RECD NDED MOTION: Move to authorize the manager to execute Contract No. FY2008w "11 Nvith Janssen Contracting, Inc. in an amount not to exceed $11,683,895. „461,1 , ` r✓ c b Accept n tk%5 4' TOTAL #8e (Base + Add Alt's 1100rtnd 2, 4 & 6 AT 4 t r,=' ds Ln . ; .. 0440e0001 Nata iurn > tit ` 117, and Hatt 117A. Maintain the • cove base $ (129,300) ' $ , (31,25 0). $ 11,683,895 $ (140,000)1 $ (68,000)1 $ 11,692,000 1 I s0 $1 %L0 0 1 I 1 $ ( 129,300)1 $ (56,300)1 $ 15,238,002 1 1 LO1'bSS'£ $ 1 1 1 I %17'0£ 1 1 I 1 I $ 11,848,649 I (0017'29) $ (58,424) y U Q --I Q 0 Ca Q 1- y 3 rt t w u u c n • an io 1.) H C rt .N-' E- c mm- V ti to m C m u as z S9L'tOT $ $ 108,000 I S£Z`£ $ I %TE $ 117,256 1617'ZI $ I I %6'11 1 %6'EZ OOS'Ot $ $ 18,000 OOS'L $ %b'TL % $ 14,133 I ££9'£ $ 34.6% OZO'1717 $ I n Service Alley), Add Alt 4 ( O. u c� Q * I- Q p p W C N m — C_ 0 a w c o LL '+ - ° a C 06S'6L $ $ (15,000) (065`176) $ %8'SII LZ0'68 $ L£b'6 $ %6'11 %8'0Z 0001Z $ 000'921 $ 000'501 $ %0'005 %9'PZT $ 23,481 18b'Z $ %8'11 %Z•EZ 801 $ I a N iC Q A 10 C N CO C u Q d N $ 128,840 348.9% 000'2£ $ (0178'96) $ % Z "SL %L'98 1 $ 38,719 (12 $ 1 %6'69 1 %6'b0T 1 LZ69E $ I 3: 00 PM $ 301,422 113.5% $ 247,000 1 $ (54,422)1 I %I'8T %0'E6 9£Z'Sbb $ b18'£b1 $ 1 47.7 %I %L"L9T 655'S9Z $ New Kodiak Swimming Pool 1 Bid Recommendation 1L0 /171 /11 ma y. .• n u u Q 0 m w m c m O Z m $ 11,370,700 96.3% $ 11,567,000 $ 196,300 1 I%LT %6'L6 $ 14,993,000 I 00£'ZZ9'£ $ I %61E %6'9ZI ZZL'TTS'TT $ f i Bid Opening: O G Z O V J W Z W Janssen Contractin % of Est 1 McGraw Custom Const 1 IDiff (Low) I% Diff (Low) is3JO % 1 Alaska Mechanical 1 (moil JJla . . ' 1% Diff (Low) 1% of Est 1 Estimate (Recommendation: New Swimming Pool Project Budget 12/7/2007 Budget % Project Cost CM 350,517 3.0% Design (including CA) 1,159,824 9.9% Indirect Admin 233,678 2.0% Equipment 233,678 2.0% Art 116,839 1.0% Contingency 431,569 3.7% TOTAL PROJECT OH & OTHER 2,526,105 21.6% Contract 11,683,895 TOTAL PROJECT COST 14,210,000 New Swimming Pool Project Budget 12/7/2007 aJ cc L L L L or CO rsi Init. A AI :...,.,0 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the day of in the year of (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) and the Contractor: (Name, address and other information) The Project is: (Name and location) The Architect is: (Name, address and other information) The Owner and Contractor agree as follows. Document A101TM -1997 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 -1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AIA Document A101 - 1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA''' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:07:22 on 08/23/2007 under Order No. 1000317647_1 which expires on 8/21/2008, and is not for resale. User Notes: (451121834) Init. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be ($), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) AIA Document A101TH —1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:07:22 on 08/23/2007 under Order No.1000317647_1 which expires on 8/21/2008, and is not for resale. User Notes: (451121834) Init. § 4.3 Unit prices, if any, are as follows: N/A Description AIA Document A101 — 1997. Copyright Institute of Architects. All rights reserved. reproduction or distribution of this AIA`' maximum extent possible under the law. expires on 8/21/2008, and is not for resale. User Notes: Units Price ($ 0.00) ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment to the Contractor not later than the day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than ( ) days after the Architect receives the Application for Payment. § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of ( ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201 -1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ( ); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment in Section 9 5 of AIA Document A201 -1997. as provider' § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the This document was produced by AIA software at 15:07:22 on 08/23/2007 under Order No.1000317647_1 which (451121834) 3 Init. (Section 9.8.5 of AIA Document A201 -1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201 -1997. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 -1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION § 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -1997. § 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -1997. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of AIA Document A201 -1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) ( ) per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 The Owner's representative is: (Name, address and other information) AIA Document A101 *"' - 1997. Copyright Institute of Architects. All rights reserved. reproduction or distribution of this AIA maximum extent possible under the law. expires on 8/21/2008, and is not for resale. User Notes: © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the This document was produced by AIA software at 15:07:22 on 08/23/2007 under Order No.1000317647 1 which (451121834) Init. § 7.4 The Contractor's representative is: (Name, address and other information) § 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A101 -1997. § 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201 -1997. § 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows Document Number Title Pages § 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: (Table deleted) § 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: (Table deleted) § 8.1.6 The Addenda, if any, are as follows: Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. § 8.1 .7 Other documents, if any, forming past o f th Cont Doc menu are as folio s: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201- 1997provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) AIA Document A101T^' - 1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:07:22 on 08/23/2007 under Order No.1000317647_1 which expires on 8/21/2008, and is not for resale. User Notes: (451121834) Init. This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER (Signature) CONTRACTOR (Signature) (Printed name and title) (Printed name and title) AIA Document AM"' - 1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`'` Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:07:22 on 08/23/2007 under Order No.1000317647_1 which expires on 8/21/2008, and is not for resale. User Notes: (451121834) KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 20, 2007 REGULAR MEETING TITLE: Contract No. FY2008 -19 for Shot Rock Development — Landfill Cover. SUMMARY: The landfill is required to cover municipal waste daily with a minimum of 6 inches of cover, which consists of shot rock. This shot rock will be generated on site and will be adjacent to the shot rock project constructed in 2005 which provided for some of the clearing needed in the area for this project. This rock project is expected to provide cover for at least 2 years or more as well as help maintain landfill roadways. Three firms responded to the RFP for the shot rock development. Bids were as follows: Brechan Enterprises, Inc. Anderson Construction Company, LLC Twin Peaks Construction Staff reviewed each proposal and it is recommended that Brechan Enterprises, Inc. be awarded this contract for $127,900. FISCAL NOTES: Account No.: 530 - 731 - 430 -140 Amount Budgeted: Expenditure Required: $127,900 APPROVAL FOR AGENDA: $127,900 $128,525 $361,000 ITEM NO. 13.A.2 RECOMMENDED MOTION: Move to authorize the manager to execute contract No. FY2008 -19 with Brechan Enterprises, Inc. of Kodiak, AK in the amount not to exceed $127,900 for the period of December 20, 2007 through February 15, 2008. 1. The Agreement 2. Change Orders 3. Addenda 4. Supplementary Conditions 5. Specifications 6. Contract Drawings Kodiak Landfill Shot Rock Development Project Contract and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. 7. General Conditions 8. Standard Specifications Incorporated by reference 9. Instruction to Bidders 10. Invitation for Bids 11. Bid Form 12. Performance and Payment Bonds In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. Provided, however, although the supplemental conditions incorporates standard specifications by reference, in case of conflict or inconsistency, the standard specifications have a numerical order as shown above. The Contractor further covenants and agrees that all of said materials shall be furnished and delivered and all and every of the said labor shall be done and performed, in every respect, to the satisfaction of the herein aforementioned Borough Manager, on or before February 15, 2008. It is expressly understood and agreed that in case of the failure on the part the Contractor for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said materials and the doing and performance of the said work before the aforesaid date, the party of the first part shall have the right to deduct from any monies due or which may become due the Contractor, or if no monies shall be due, the party of the first part shall have the right to recover One Hundred Dollars ($ 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 Page 2 of 5 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 February 15, 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 Page 3 of 5 Insurance Kodiak Landfill Shot Rock Development Project INSURANCE SPECIFICATIONS Page 4 of 5 Contract No. 2008 — XX The following requirements with respect to insurance and indemnification requirements shall be added to and become an integral part of the original Agreement: 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 property damage, blanket contractual and personal injury endorsements. The Kodiak 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. Page 5 of 5 Kodiak Landfill Shot Rock Development Project 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. COHIRCT NdtTl MAGNEM DE41N�Td OL dl 9iE � USG4 KOqN( (C-1) ILAS%� WMRNIQE SfliIR 1wo $ SAVE SURVEYCONTROL ELEVATION = 249.08 N:1394765.59 E:810179.75 / �,.. / -------��i-------- � � / � o Ar �� .'� �XODIAK "� 6LAND j\ BOROUGH � ��� �O � a �VICINITY MAP "� � \�—� �\\\\ \ � �� � � �� ��� ����� � $ � /cn.cl.a ,IP � �. 10/2007 Project: LANDFlLL 2007 SHOT ROCK DEVELOPMENT Sheet Contents: `��pT10N O CONiNq. USED FOR iH15 SUR�EY FEN�E R�W SC4LE 1 INCH = 50 FEEf EXISTNG SITE CONDITIONS Sheet No.: I/2 (LS—KIB KODIAK AND SURVEI'ING � oah mpw: 0 0 O BEN041 AC ESS OADl / \ )....,_.) , , _--J". i ' \J Nir,---r n , \ ifililh 11i11111111 J lill 1 Ill lilhillill \ , z ,OC rfl \ I / i I i i ,----..,,,,, , _ • \ 1 I •—•.\\.\\\ \ ., 1 • -I. \ :■\ .\\,, I I - \ , I • ,,,, I __ i I I I , i ' ----- ' i I 1 1 , • , , 1 1 , ,,, \ . ; i / , / I f Mr! / o/,, ) 1111! ' ,/ / NI i i / MAINTAIN 2% FALL / ".. ■ ,, N., to+ 1 / : jl'i 1 .. FROM TOE OF NEW lEtENH :.,.----'...,.. I ji , : .1 , I • ,,,< -,4-11 i ' / 1 / ,1111:i i , i , 1 2 ,. i `■•---, - Z > rA . I 1 . . —I H , - 0 , / B ' oiHr rn xj 1 / a i g Iiilli, c 0 P ' / g' / ,,-' j illrli > 0 rrj d 141 11118 Fri ,j, o — ,•• , / i J.Jr1,11 'il,ir.' > • '' i / / / / P ' / / / 1/ / / ' / ----- 1 / / / / / / / / / / i . . 7 / / P . `-...., / l' / / / , i /JO ,/ / //// i I I / / / / I // / 1 114 r7, g URIME Matt gi•C■ NAME EMS 10/.. 10/7an PREPARED FOR KODIAK ISLAND BOROUGH SOLID MASSE ENVIRONMENTAL SPECIALIST ITEM NO. 13.A.3 SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 20, 2007 REGULAR MEETING TITLE: Contract No. FY2008 -20 for Telecommunication Services for the Kodiak Island Borough. The Kodiak Island Borough MIS Department issued a Request for Proposal for Telecommunication Services. This proposal had six components and proposers were allowed to propose on any or all of the components. The six components included in the RFP are: 1.) Local telephone service 2.) Long distance telephone service 3.) Remote data connections 4.) Internet connection 5.) Cellular phone service 6.) Replacement or upgrade of the Borough telephone system, which is 10 years old and is no longer supported by the manufacturer. Several companies have submitted proposals. Per KIBC 3.16.110 Competitive sealed proposals -- negotiated procurement. D. Proposals shall be received at the time and place designated in the request for proposals and shall be opened so as to avoid disclosing their contents to competing proponents during the process of negotiation. Proposals and tabulations thereof shall be open to public inspection only after the contract award. Complete section of KIBC 3.16.110 is attached. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the manager to negotiate Contract No. FY2008 -20 with in the amount not to exceed 3.16.110 -- 3.16.115 3.16.110 Competitive sealed proposals -- negotiated procurement. A. If the manager determines that use of competitive sealed bidding is not practicable, the borough may procure supplies, services or construction by competitive sealed proposals under this section. B. The manager shall solicit competitive sealed proposals by issuing a request for proposals. The request for proposals shall state, or incorporate by reference, all specifications and contractual terms and conditions to which a proposal must respond and shall state the factors to be considered in evaluating proposals and the relative importance of those factors. Public notice of a request for proposals shall be given in accordance with section 3.16.040 of this chapter. C. Sealed proposals shall be designated as such on an outer envelope and shall be submitted by mail or in person at the place and no later than the time specified in the request for proposals. Proposals not submitted at the place or within the time so specified shall not be opened or considered. D. Proposals shall be received at the time and place designated in the request for proposals and shall be opened so as to avoid disclosing their contents to competing proponents during the process of negotiation. Proposals and tabulations thereof shall be open to public inspection only after the contract award. E. In the manner provided in the request for proposals, the manager may negotiate with those responsible proponents whose proposals are determined by the manager to be reasonably responsive to the request for proposals. Negotiations shall be used to clarify and assure full understanding of the requirements of the request for proposals. The manager may permit proponents to revise their proposals after submission and prior to award to obtain best and final offers. Proponents deemed eligible for negotiations shall be treated equally regarding any opportunity to discuss and revise proposals. In conducting negotiations or requesting revisions, neither the manager nor any other borough director or employee shall disclose any information derived from proposals of competing proponents. F. Awards shall be made by written notice to the responsible proponent whose final proposal is determined to be most advantageous to the borough. No criteria other than those set forth in the request for proposals may be used in proposal evaluation. If the manager determines that it is in the best interest of the borough to do so, the borough may reject all proposals. (Ord. 98 -03 ' 2 (part), 1998; Ord. 84 -61 -0 ' 10(part), 1984; Ord. 82 -35 -0 ' 2, 1982). 3.16.115 Delinquency A. The borough shall not award a contract or purchase order to any person, corporation, or other business entity who is delinquent in paying (i) any tax levied by the borough; (ii) any special assessment levied by the borough; (iii) any charge for utility or municipal waste services; or (iv) any other borough fee due under the Code, unless the person, corporation, or other business entity cures the delinquency within thirty days after the mailing of written notice of the delinquency. In the case of a closely held business, this prohibition shall also apply to the delinquency of their legal principals or officers. For purposes of this section, a payment shall be considered "delinquent" when it is not made on or before the applicable deadline established by the Borough Code, or by written notice if the Code does not establish a deadline, or, if the Code does not establish a deadline and a deadline is not established in a written notice, within 60 days of the mailing of written notice that the payment is due. 3 -23 (KIB 06/07) Supp. #49 Kodiak Island Borough TO: Honorable Mayor and Assembly Members of the Kodiak Island Borough �p.� THROUGH: Rick Gifford, Borough Manager 0 FROM: Karleton Short, Finance Director 714_ SUBJECT: Telecommunication Services RFP DATE: Dec 7, 2007 MEMORANDUM CffliciovvriAt WO ezivrw is AliiAl2DED On July 10, 2007 the Borough issued a Request for Proposal for Telecommunication Services. The proposal deadline was extended from August 1 to August 8, 2007. We received five proposals: one each from Alaska Communications Systems (ACS), GCI Communication Corp (GCI), Pacific Software, Tekmate and Ukpik /Avaya. These proposals were all received on time and all five proposals contained all of the required information. A team of four people evaluated the proposals. These were Karieton Short, Finance Director; Paul VanDyke, Network Administrator; Andrew Carmichael, Network Technician and Meagan Christiansen, Finance Secretary. This proposal had six components and proposers were allowed to propose on any or all of the components. The six components included in the RFP are: 1.) Local telephone service 2.) Long distance telephone service 3.) Remote data connections 4.) Internet connection 5.) Cellular phone service 6.) Replacement or upgrade of the Borough telephone system, which is 10 years old and is no longer supported by the manufacturer. Both ACS and GCI responded to components 1 through 5 above. ACS, Pacific Software, Tekmate and Ukpik /Avaya responded to component 6 above. All proposals were evaluated based on the level of service, cost and overall best value to the Kodiak Island Borough. Evaluation: Item 1: This item represents our local dial -tone. As shown in table 1, GCI's proposed costs for these services are lower than ACS. Item 2: Our current long distance provider is AT &T. They did not respond to our RFP. The prices shown in Table 1 are based on actual phone bills that were priced by each company's proposed offering. GCI's long distance plan priced the bills lower than ACS. Item 3 The Borough has two remote locations that require dedicated data connections, the Baler facility and the Kodiak Fisheries Research Center. These are the monthly costs to connect those facilities to the Borough's network for sharing information. GCI's proposal provides that connectivity at a lower cost to ACS. Item 4: The Borough currently uses GCI for internet services. The connection that GCI has provided allows the Borough and City to share services, reducing the overall costs to each entity. The proposal that GCI has provided continues this sharing ability and allows the Borough to increase its usage to 166% of the proposed speeds in time of need without any increased costs. ACS's proposal did not allow for any such measures. Item 5: The proposed prices in Table 1 for Cellular phone service are based on an estimated usage of 3 smart phones and 7 regular phones. Another reason for choosing GCI over ACS was the availability of the Blackberry phones. These will allow our employees to send and receive email from the Borough's email system while in the field. Item 6: We received several proposals for this item. Both ACS and Tekmate proposed to upgrade our current phone system. Pacific Software and Ukpik /Avaya proposed new telephone systems. The costs for the new phone systems were in line with the upgrade proposals. However, when studied in more detail the new phone systems would require the Borough to spend an estimated $10,000 - 15,000 in upgrading the data network. These proposals were discounted and we focused on the upgrade proposals. ACS also proposed Centrex service, which requires no upfront expenses, but has a higher monthly service fee. Items 1 through 5 are the estimated monthly costs. 2 Table 1 Based on this evaluation, it is recommended that contracts be awarded to GCI for 1.) Local telephone service 2.) Long distance telephone service 3.) Remote data connections 4.) Internet connection 5.) Cellular phone service It is recommended that contracts be awarded to TekMate and Mitel for 6.) upgrade of the Borough telephone system to a Mitel 3300 ICP. These contracts will begin upon successful installation and are for 3 years and may be extended for 2 years. Benefits /Cost Savings: By implementing the proposed contracts, the Borough will be able to provide caller -id information to and from the Borough. It will also save on the number of phone lines required to handle the Borough's business as the new lines can be used to make calls and receive calls simultaneously. The long distance plan that the Borough is currently using is very outdated and inefficient. We estimate that we will be saving half on our long distance bill each month when we implement this contract. The Borough currently uses both ACS and GCI for our data connections. When we switch to GCI for both data connections, we will be saving approximately 33% on the connection that is switched. As stated above, the Borough shares part of its existing Internet services with the city. With GCI, we are able to get an additional increase of 66% more bandwidth when needed, based on the type of connection that the Borough and city presently share. With new technology available to the island, the new contract provides the Borough with a six -fold increase in speed at a monthly price that is slightly less than the previous contract. 3 ACS (Services) GCI (Services) ACS (Centrex) ACS (Mite) PBX) Tekmate (Mitel PBX) 1.) Local telephone service 624.00 539.76 2.) Long distance telephone service 156.92 135.66 3.) Remote data connections 1,131.53 587.12 4.) Internet connection 1,116.36 1,224.64 5.) Cellular phone service 299.51 270.00 6.) Telephone system a. Cost after 1st Year 21,458.28 50,175.56 41,086:83 b. Cost after 5th Year 107,291.40 116,127.60 87,587.31 Table 1 Based on this evaluation, it is recommended that contracts be awarded to GCI for 1.) Local telephone service 2.) Long distance telephone service 3.) Remote data connections 4.) Internet connection 5.) Cellular phone service It is recommended that contracts be awarded to TekMate and Mitel for 6.) upgrade of the Borough telephone system to a Mitel 3300 ICP. These contracts will begin upon successful installation and are for 3 years and may be extended for 2 years. Benefits /Cost Savings: By implementing the proposed contracts, the Borough will be able to provide caller -id information to and from the Borough. It will also save on the number of phone lines required to handle the Borough's business as the new lines can be used to make calls and receive calls simultaneously. The long distance plan that the Borough is currently using is very outdated and inefficient. We estimate that we will be saving half on our long distance bill each month when we implement this contract. The Borough currently uses both ACS and GCI for our data connections. When we switch to GCI for both data connections, we will be saving approximately 33% on the connection that is switched. As stated above, the Borough shares part of its existing Internet services with the city. With GCI, we are able to get an additional increase of 66% more bandwidth when needed, based on the type of connection that the Borough and city presently share. With new technology available to the island, the new contract provides the Borough with a six -fold increase in speed at a monthly price that is slightly less than the previous contract. 3 Currently, the Borough has a few cell phones assigned to specific employees. The new plan will provide cell phones to more employees and allow us to bundle our minutes between phones. This will allow us to pick a plan with a lower cost /minute rate. The Blackberry smart phones will provide a rich experience for those employees who carry them out of the office. They will be able to efficiently conduct Borough business while in the field as they are able to access their email, calendar and contacts. This proposal will upgrade the existing phone system with a modern phone system with cost saving features. The current phone system has reached an end of life status with the manufacturer and is no longer serviceable thru a maintenance contract. This can lead to unexpected, costly repairs. New features available with the phone system will help employees be more efficient at their desk and away. Because the new system is more network centric, the current MIS staff will be able to better support it and make required changes without involving additional resources. This will save money by reducing costly support calls. The maintenance costs on the new phone system are also reduced from what the Borough has historically paid for the current phone system. 4 GCI's Local Service GUARANTEED VALUE AGREEMENT Kodiak - Business Savings for Analog Kodiak — Digital Trunking PRI Statewide Everywhere Long Distance The Guaranteed Value program is our guarantee that we will always give you equal or better value than any competitive offer you receive. It's simple. We ask for your commitment to stay with GCI for a number of years. We designed the Guaranteed Value program because we want to make sure that you are totally satisfied with the value you are receiving from us. The length of your commitment is your choice. The total savings is your choice. The savings will increase with the number of years of the agreement. Here's how it works: • Choose the level of savings and sign the agreement. • If you receive a written proposal from another telecommunications provider offering you better overall value or savings over your current GCI program, when compared using equal evaluation criteria, and; • You contact GCI and request a comparison of the proposed program against GCI programs; • GCI will offer you a program of equal or better value within 60 days of your request for comparison. • If GCI does not provide you with a program of equal or better value — you may terminate the Guaranteed Value program with GCI without penalty. Just send me a letter stating the details and I will make sure that we fulfill our commitment. Choose your savings by checking the box - That's Guaranteed Value! Brad Spees, Vice President, GCI Sales © 3 -Year Term — 20% Discount on Kodiak Analog Service with $100 credit caw © 3 -Year Term — 20% Discount on Kodiak Full PRI with $160 credit caw IN 3 -Year Term — Everywhere Long Distance Plan: 7 cent calling inter& instate. 3 -Year Term — T1 Data Service $287 monthly, $853 nonrecurring install. Because of these added savings, if your business switches its local services to another carrier without following the Guaranteed Value process before the end of the contract term GCI may charge a termination fee equal to the credit applied during the last 12 months. If the termination occurs before the end of 12 months, the termination fee will equal the total credits applied under this contract. I have thoroughly read, understand and choose to participate in this Guaranteed Value Plus Business Savings Plan. I have signed a letter of authorization to switch these services to GCI. This agreement does not include non - recurring charges; regulatory surcharges and taxes. Customer Signature Printed Name Company Main Phone GCI Representative Date GCI Communication Cor.. INTERNET SERVICE AGREEMENT • 2550 Denali St., Suite 1000 • Anchora•e, AK 99503 • Business 907 265 -5454 Business Name: Kodiak Island Borough Customer Name: Paul Van Dyke, IS Administrator ❑ GCI Local Customer Address: PO Box 1397 Customer Kenan #: PLDB 001001822 • GCI Internet POP at KDC City/State /Zip: Phone #: Kokiak, Ak 99615 486 -8668 Cable Data #: Term of Service: 5- Yr. ® Current Cable Service Phone #: 486 -9336 2nd Phone #: Name: Paul Van Dyke Cell #: Email Address: pvandyke @kodiakak.0 s ❑ ACS Local Customer ® GCI LD Customer Install Address or Latitude /Longitude: Internet POP Termination Point: Upgrade to InetKODKIB CPE -1 Fax #: Customer Equipment Room Location: KodlslandBoro Bldg Server Room Circuit DD4107 GCN 256k Internet Upgrade to 1.5M MC DIAS Install new T1 Circuit TOTAL CHARGES: 1 Name: Title: Date: Describe any issues bringing service to termination point: This is a shared City and Borough Internet with two separate PLDB accounts and two separate tail circuits, one serving City of Kodiak and one serving the Kodiak Island Borough Description Qty Monthly Recurring Charoes Non Recurring Cha ra es Requested Due Date: 12/03/2007 Extended M RC Cable Install Date: Extended N RC 1 $864.50 $0.00 1 ($1,312.67) $0.00 1 $360.14 $853.00 ($88.03) $853.00 Comment: Promotions: This is a shared Internet DIAS router/ City and Borough sharing same Cisco edge router. Total PORT speed is 3M. Rate limit City to 2.5M and rage limit Borough to 2.5M. Coordinate with Paul at Boro and Kris at the City any service affecting outages in the course of this upgrade. New router will be deployed. GCI Account Manager: Brian Phillips 868 -6918 Support Representative: Lea David Date: 12.03.07 I hereby acknowledge that I have read and accept GCI's posted terms and conditions found at www.cici.net /tnc <http: / /www.cici.net /tnc >. I agree to pay all of the itemized charges. I understand that all LEC pricing is subject to tariff changes and that billing will commence immediately following service turn -up and acceptance. Signature For additional information regarding technical support, product information, and account information you can email: support(alaci.net or call 265 - 5454 Page 1 of 2 111805cb Business Name: * * * * * * * * * * * * * * ** *This section is NOT APPLICABLE Livewire Phone #: Wire Center: Is this currently an existing GCI line? Does customer require any inside wiring? Is this a new local line install? Is this a conversion of existing ACS line? YES 0 0 .❑ 0 NO 0 0 0 If next answer is yes, a I &R premise visit is needed. If yes, a I &R premise visit is needed. A I &R premise visit is always needed. A I &R premise visit is always needed. Notes: Does customer want to be listed in Anchorage Does customer want foreign listing? Does customer want a Toll Free # ? Does customer want to be able to call LD? Does customer want any features? Does customer want free voicemail? Does customer need Static IP? (Fee is Waived) In what city? If yes, what LD plan? Static IP is required if customer wants VPN Business Name: GCI Direct Phone #: Wire Center: 1. X Basic South 2.0 Enhanced Notes from Sales Rep: Below for PM: MetaSolv Order #: Metasolv Account #: GCI Direct Phone # Assigned: 1. 2. Page 2 of 2 CNAM Desired: 1. 2. YES NO Destination # Coverage Area? Included at no additional charge 111805cb Monthly Charge for Data Service BlackBerry BES Data Package $50.00 BlackBerry BES Data Pkg Plus $65.00 BlackBerry BIS Data Package $30.00 BlackBerry BIS Data Pkg Plus $45.00 HP Data Package $40.00 ECU Smartphones BlackBerry 8300 "Curve" Retail Price: $419.99 1 -year plan: $289.99 2 -year plan: $239.99 Coming soon 2008 BlackBerry 8800 Retail Price: $499.99 1 -year plan: $399.99 2 -year plan: $299.99 HP iPAQ 6945 Retail Price: $555.99 1 -year plan: $405.99 2 -year plan: $355.99 BlackBerry 8100 "Pearl" Retail Price: $379.99 1 -year plan: $349.99 2 -year plan: $219.99 For More Information Please contact: Business Customer Service 907 - 868 -5454 800 - 800 -7754 Toll Free business @gci.com A Mobile Phone with Computer Like Functionality Does your job demand a high level of connectivity? The full featured BlackBerry or iPAQ device may be the solution for you! . Mobile Phone (GSM Network) . Send and receive emails and attachments . Unlimited emails and Internet access . Text messaging ** • Wireless Organizer (Personal Digital Assistant) Contacts Calendar Task Lists Memo Pad And more . Instant Messaging . Wireless access to business applications . Security . Easy to set -up and ready to use in minutes * *Separate Text & MMS feature packages available Data Package required for contract discount on equipment © 2006 GCI — Specifications and prices subject to change. Customer may add a GSM Cellular voice package to their data service. If a voice package is not selected, customer will automatically receive a "No Minutes" plan which has no monthly fee, and will incur a charge of .50¢ per minute on calls made from the device. Program requirements may apply. Without a text/mms package additional charges will apply at $0.15 per text message (incoming & outgoing), and $0.25 per mms message. Rao GSM Wireless Phones Select one of these quality phones for your GSM Wireless Service from GCI! MOTOKRZR World Phone, Super -slim profile, EDGE, PC Sync, Camera, Bluetooth, Speaker- Phone, Mini USB, Voice Dialing. FREE with 2 year contract! $229.99 with 1 Year contract $359.99 Retail Motorola L6 "Blade" World Phone, Super -slim profile, Bluetooth, EDGE, PC Sync, Speaker- Phone, Mini USB, Voice Dialing. • $ 59.99 with 2 Year Contract! $ 119.99 with 1 Year Contract $ 179.99 Retail Motorola V197 Entry Level world phone, GPRS, PC Sync, Bluetooth, Speaker- phone, Mini USB, Voice Dialing. $ 29.99 with 2 Yr Contract! $ 69.99 with 1 Year Contract $119.99 Retail Nokia 6030 Entry Level Dual Band phone, FM radio, speakerphone, MMS, and 65,000 -color display. FREE with 2 Year Contract! $ 69.99 with 1 Year Contract $ 99.99 Retail Motorola RAZR v3 Bluetooth, Camera, Email Client EDGE,PC Sync, Speaker Phone, USB &Voice Dialing FREE with 2 Year Contract! $149.99 with 1 Year contract $229.99 Retail Nokia 6126 MP3 Player, Camera, 16 million color dis- play, Multimedia Messaging, Bluetooth Ca- pable $79.99 -with 2 Year Contract! $ 99.99 with 1 Year Contract $ 149.99 Retail Motorola C139 Voice Dialing, clock/alarm, calculator, calendar, text messaging and games! FREE with 2 Yr Contract! $ 69.99 with 1 Year Contract $ 99.99 Retail Motorola v365 - Push to Talk Stylish Clamshell, Bluetooth, GPRS, PC Sync, Speaker- Phone, Mini USB, Voice Dialing. $ 99.99 with 2 Year Contract! $ 169.99 with 1 Year Contract $ 199.99 Retail *This phone requires an additional $20 Data Package, for use of its walkie- talkie capabilities! Residential Customer Service • 868 -5400 (in Anchorage) • 1 -800- 800 -4800 (Statewide) Business Customer Service • 868 -5454 (in Anchorage) • 1- 800 - 800 -7754 (Statewide) Visit your local GCI Store in Anchorage • Eagle River • Fairbanks • Homer • Juneau • Ketchikan • Petersburg • Seward • Sitka • Soldotna • Valdez • Wasilla • Wrangell* Nome. Kodiak Phones are subject to availability. Prices may change without notice. Special discounted rates based on term and conditions. Phones Flyer 110107 tdb GCI's GSM Wireless Plans Choose one of these plans which all include FREE Call Waiting, Call Forwarding, 3 -Way Calling, Caller ID, and Basic Voice Mail. National Monthly GSM Plans Fee Anytime Minutes (1) Night & Additional Weekend Airtime Minutes ( Per Minute Roaming Within U.S. ( Long Distance within U.S. ( Special Feature Add a Partner Line Share minutes National 450 atioi National 850 National 2500 National Unlimited $55 $85 $180 $125 450 850 2,500 Unlimited Unlimited Unlimited Unlimited Unlimited 35¢ 35¢ 35¢ Unlimited Included Included Included Included Included Included Included Included Free National Mobile -2- Mobile Free National Mobile -2 -Mobile Free National Mobile -2- Mobile Free National Mobile -2- Mobile $20 a month $20 a month $9.99 a month Not available (1) From Home and Extended Home Calling Areas. (2) N &W calling 9PM - 5:59AM & from Home and Extended Home Calling Areas. (3) Canada Roaming is 350 per minute and includes any applicable long distance charges. (4) Calls made from the Home and Ex ended Home Calling area to Canada billed at 250 per minute. Local Monthly Anytime GSM Plans Fee Minutes (a) dtk Local 400 Local 1900 500 Local Unlimited Plus $35 $70 $60 400 1900 Unlimited Night & Weekend Minutes (b) None None one Unlimited Additional Airtime Per Minute 35¢ 35¢ N /A Roaming Pcr Minute (c) 35¢ 35¢ s¢ , 100 Minutes Included 35¢ Each Additional Min. Long Distance Per Minute (d) In Alaska Included 15¢ State -to -State tat asks Ir In Alaska Included 15¢ State -to -State In Alaska Included 1 5 ¢ Skate- to-State ; In Alaska Included 15¢ State -to -State Add a Partner Line Share minutes with host plan $15 a month 5 $15 a month $15 a Month $45 a month Co (a) From Home Calling Area. (b) N &W calling 9PM - 5:59AM & from Home Calling Area, Unavailable with Local 100. (c) Canada Roaming is 350 per minute and includes any applicable long distance charges. (d) Calls made from the Home and Extended Home Calling area to Canada billed at 250 per minute. e) Limited to one partner phone per host plan. Additional Features for Any GSM Plan (per line) 7:00 PM Night Minutes $5.00 per month Add this feature and your Night & Weekend minutes will start at 7:00 PM. International Calling Plus $4.99 per month Calls must be originated with the USA. With reduced per minute rates for select countries; call Canada for 15¢ a minute. UK, Germany, France, Italy, Spain, Japan, South Korea, Taiwan, and Mexico for only 50¢ a minute. All others 51.49 a minute. 6 - Way Calling $2.99 per month Talk with up to five other people at the same time. ACTIVATION FEE (one -time charge) $30 per phone www.gci. com Additional Features for Local GSM Plans (per line) Mobile -to- Mobile Calling $9.99 per month Add unlimited calling from your GCI phone to any phone in the GO or Cellular One nation- wide network, when you place the call from your Home Calling Arca. Night & Weekend Minutes $5.00 per month Available 9:00 PM to 6:00 AM and all weekend long 225 Nationwide Long Distance Minutes $8.99 per month Calls must originate from Alaska 450 Nationwide Long Distance Minutes $17.99 per month 411 DIRECTORY ASSISTANCE from your GSM Wireless phone $1.25 per call Residential Customer Service • 265 -5400 (in Anchorage) • 1- 800 - 800 -4800 (Statewide) Business Customer Service • 265 -5454 (in Anchorage) • 1- 800 - 800 -7754 (Statewide) Visit your local GCI Store in Anchorage • Eagle River • Fairbanks • Homer • Juneau • Ketchikan • Petersburg • Seward • Sitka • Soldotna • Valdez • Wasilla • Wrangell • Kodiak • Nome. GSMplans.09 /26/06 GCI's GSM Service Areas These maps shows the estimated range of our coverage areas. Depending on the equipment you use, terrain, and weather, coverage may vary from the indicated range. www.gci. com ■ Heine C Area No Strvicc Area ■ Extended Here m Roaming Ceiling Area Canada Roaming If there is a gap or other interruption of service within the home calling area which prevents continued connection to our network, your handset is preprogrammed to automatically roam and roaming fees may be incurred. 1 GSM Voice Mail Packages .Customize your communication options with the GSM Voice Mail Package that best suits your needs. GSM Basic Voice Mail FREE! Includes: Call Completion , One Greeting , Message Waiting Indicator, Direct Page, Message Forwarding, Storage for 10 Messages, and 10 -Day Message Retention GSM Voice Mail Plus $2.99 per month Includes All Basic Voice Mail Features PLUS: Up to 5 Greetings with Scheduling, Group Messaging (5 groups with up to 10 messages each), Automatic Call Back, Direct Dial, Wake -Up Service, Storage for 20 Messages, 14 -Day Message Retention GSM Premium Voice Mail $4.99 per month Includes All Basic Voice Mail and All Voice Mail Plus Features PLUS: Constant Touch © and Voice Activated Dialing GSM Voice Mail Plus Monthly Greetings Group Message Days Messages Voice Fee Messaging Capacity Stored Dialing $2.99 Up to 5 Residential Customer Service • 265 -5400 (in Anchorage) • 1- 800 - 800 -4800 (Statewide) Business Customer Service • 265 -5454 (in Anchorage) • 1- 800 - 800 -7754 (Statewide) Visit your local GCI Store in Anchorage • Eagle River • Fairbanks • Homer • Juneau • Ketchikan • Petersburg • Seward • Sitka • Soldotna • Valdez • Wasilla • Wrangell • Kodiak • Nome. n; n m • a f MA E (;fl rm. Technology ate. Dated: August 6, 2007 'APPENDIX A,) SAMPLE - STANDARD AGREEMENT COMMUNICATIONS SYSTEM CONTRACT AND SUPPORT AGREEMENT A. Parties. Tekmate Inc., (hereinafter referred to as `TEKMATE "), an Alaskan owned corporation, the address of which is 2605 Denali Street, Anchorage, Alaska 99503, and Kodiak Island Borough (hereinafter sometimes referred to at "Customer") system physical address located at 710 Mill Bay Road, Kodiak, AK 99615. B. Telephone System. TEKMATE agrees to provide as outlined in this contract and agreement a complete telephone system per the attached Schedule "A ". C. Payment Terms. This contract and agreement shall be in full force and be paid upon as follows: a. Cash Purchase *: Total Amount: $xxxxx, 50% upon Signing, 50% upon completion. b. Lease Purchase: Estimated $1/Buyout Lease for xx Months @ $xxxx per month, OAC with CIT Group Inc. dba CIT Leasing, in the event the Customer does not lease the system, this agreement will revert to a Cash Purchase as described per Paragraph (C.a.). ( *) Credit cards charges accepted with a 2.9% convenience fee billed to the Customer. D. Customer Responsibilities. This contract and agreement assumes that the customers' building meets current electrical codes for the installation of telephone, and data equipment. This contract and agreement does not include electrical circuits, grounding circuits, conduit, conduit installation, station cabling, special wire, service pre -wire charges, utility charges, or other building construction labor or materials unless specifically included in Schedule A, with in this contract and agreement. E. Warranty Period. Customer shall pay TEKMATE a fixed quarterly warranty charge of zero Dollars ($ 0.00) beginning on first day of acceptance for a period of one year. Unless provided for to the contrary in this agreement or otherwise limited in Schedule A and Attachments listed to this contract and agreement, such support charge shall represent the total compensation paid to TEKMATE by the customer for all of the labor and parts necessary to furnish the warranty services which are the subject of this agreement. F. Guarantees. All provided parts & material, and labor is guaranteed to be as specified. All labor to be completed during regular business hours, Monday through Friday, and excluding holidays, unless otherwise noted. Typical delivery of system is (21 to 31) days, depending on telephone system size and customer design. All work is to be completed in a professional workmanlike by TEKMATE factory trained and certified staff in a manner according to manufacturer's standards and practices. Any alteration or deviation from this contract and agreement of the specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. G. All agreements are contingent upon strikes, accidents or delays beyond TEKMATE's control or authority. All TEKMATE staff are fully covered by liability and workman's compensation insurance. 2605 Denali St Suite 100. • Anchorage, AK 99503 • Tel: 907 - 561 -6283 • Fax: 877 - 354 -1449 491 5 Willow St Suite 205. • Wasilla, AK 99654 • Tel: 907 - 376 -1241 • Fax: 877 - 354 -1449 COMMUNICATIONS SYSTEM CONTRACT AND SUPPORT AGREEMENT Page 1 of 6 SAMPLE — STANDARD AGREEMENT 'APPENDIX Al H. Extended Support. If Extended Support is desired (per Schedule A), Customer shall pay TEKMATE a fixed monthly support/maintenance charge of xxx Hundred xxx dollars and 00/100 ($xxxx.00) beginning on the thirteen month after acceptance of this contract, (or one year after the installation of the system — per paragraph E) and shall continue as outlined within this agreement. Unless provided for to the contrary, this agreement or otherwise limited in Schedule A to this agreement, such maintenance charge shall represent the total compensation paid to TEKMATE by the customer for all of the parts and labor necessary to furnish the maintenance services which are the subject of this agreement. In the event that the term of this agreement is extended, the monthly maintenance charge may be adjusted to reflect an increase consistent with the increased cost of doing business as reflected by the percentage increase of the cost of replacement parts from TEKMATE's suppliers and the increase in labor cost for voice and data technicians. The charges will also be increased as necessary per item to cover maintenance on additions to the system. All maintenance charges and fees payable by Customer to TEKMATE under this agreement are payable in advance and shall fall due of the beginning of each monthly maintenance period during the term of the agreement. Any such payments which are delinquent for a period in excess of fifteen (15) days shall constitute a material default under this agreement. I. Support/Maintenance Responsibilities. Except as is expressly provided for to the contrary in this agreement, TEKMATE shall provide Customer with all routine and remedial maintenance, including labor and parts, necessary to keep the subject communications system in good operating condition per manufacturer's specifications. All of TEKMATE's maintenance responsibilities under this agreement shall be limited to customer's private telecommunications systems equipment purchased or leased from TEKMATE, unless other equipment is specifically included in writing, and shall include one half (1/2) hour of troubleshooting public telephone utility equipment connected or in any way interfacing with the same. All routine and remedial maintenance and repairs shall be performed by TEKMATE at such times as do not unreasonably interfere with Customer's business operations; provided, however, that TEKMATE shall not be required to furnish any maintenance on weekends, holidays or after normal businesszhours, but shall make a good faith effort to fumish such extra maintenance if it is required by the Customer. Additionally, any damage to the subject equipment caused by Customer negligence, tampering, or misuse, either accidental or intentional, including other services provided by Customer's employees or other service companies shall not be covered under this agreement. All such extra maintenance shall be at Customer's expense based upon TEKMATE's then prevailing rates and prices, including overtime rates. TEKMATE will not be responsible for conditions beyond its control, to include without limitations, flood, fire, earthquakes or other acts of God or other causes outside normal usage, and unavailability of parts due to manufacturer's discontinuance of equipment. SATE 2605 Denali St Suite 100. • Anchorage, AK 99503 • Tel: 907 - 561 -6283 • Fax: 877 - 354 -1449 Incorporated Your Technology Partner 491 S Willow St Suite 205. • Wasilla, AK 99654 • Tel: 907 - 376 -1241 • Fax: 877 - 354 -1449 COMMUNICATIONS SYSTEM CONTRACT AND SUPPORT AGREEMENT Page 2 of 6 SAMPLE — STANDARD AGREEMENT l Pecs Technology Partner E KMA 1t r T E By By (APPENDIX A� J. Subject Equipment. All of TEKMATE's obligations under this contract and agreement shall be limited to the communications system equipment listed on the attached Schedule "A ". K. Special Terms and Conditions. The terms and conditions listed on the back of this page are as much a part of this agreement as those printed on the front of it and which Customer acknowledges that it has been read and agreed upon. L. Acceptance. Acceptance of proposal, of the above prices, specifications and conditions are satisfactory and are hereby accepted by an authorized party. You are authorized to do the work as specified. Payment will be made as outlined above. This COMMUNICATIONS SYSTEM CONTRACT AND SUPPORT AGREEMENT is valid if signed by both parties by August 15, 2007. IN WITNESS WEREOF, the parties have entered into and executed this agreement at Anchorage, Alaska, this day of . 20 SELLER: TEKMATE Inc. BUYER: Kodiak Island Borough (Customer) Title Title 2605 Denali St Suite 100. • Anchorage, AK 99503 • Tel: 907 - 561 -6283 • Fax: 877 - 354 -1449 491 S Willow St Suite 205. • Wasilla, AK 99654 • Tel: 907 - 376 -1241 • Fax: 877 - 354 -1449 COMMUNICATIONS SYSTEM CONTRACT AND SUPPORT AGREEMENT Page 3 of 6 F KMA E T Your Technology Partner 1APPENDIX Al SAMPLE — STANDARD AGREEMENT COMMUNICATIONS SYSTEM CONTRACT AND SUPPORT AGREEMENT "SCHEDULE A" <tekmate supplied system and labor listing — place here > The delivery & installation of the above referenced system per this "SCHEDULE A ", will be coordinated with the Customer for implementation during normal business hours or after hours at NO additional cost to the Customer. 2605 Denali St Suite 100. • Anchorage, AK 99503 • Tel: 907- 561 -6283 • Fax: 877 - 354 -1449 491 S Willow St Suite 205. • Wasilla, AK 99654 • Tel: 907 - 376 -1241 • Fax: 877 - 354 -1449 END COMMUNICATIONS SYSTEM CONTRACT AND SUPPORT AGREEMENT Page 4 of 6 L 1 T. Modifications. In order to keep the subject communications system equipment in good operating conditions, TEKMATE shall have the option to, but not the responsibility for any modifications to the equipment which it may deem necessary or desirable, it is sole and absolute discretion. TEKMATE shall endeavor to make all such modifications at such times and in such a manner so as to not unreasonably interfere with Customer's business operations. However, TEKMATE shall have the right to make all such modifications I during its normal business hours. A refusal on the part of the Customer to permit any such modifications shall constitute a wrongful and material default by Customer under this agreement. All such modifications shall be made by TEKMATE without charge to Customer. U. Default. If Customer (a) does not timely pay all of the charges and amounts due TEKMATE under this agreement, (b) ceases doing business as a going concern, suffers or causes a petition to be filed by or against it under any of the provisions or chapters of the I Bankruptcy Act, as amended, (d) makes an assignment for the benefit of its creditors, (e) calls or participates in a general meeting of its creditors and attempts any informal arrangement, extension or composition of its debts, (f) suffers or causes the appointment of a receiver to control any of its properties or (g) defaults under any of the agreements pursuant to which it leased or purchased any of the subject communications systems equ9ipment, or if TEKMATE reasonably deems its rights and interests under this agreement and/or to the subject communications systems equipment to be in jeopardy, then in any such event, TEKMATE shall, in addition to any other legal remedies it may have, have the right, at its option, to suspend performance under this agreement or terminate it without notice or further liability to Customer. In additions, TEKMATE may also terminate this agreement without notice or further liability or obligation to Customer in the event that Customer (a) violates any space, use, electrical, maintenance or environmental requirements fort he subject communications systems equipment, (b) moves the subject communications systems equipment without the express written consent of TEKMATE (which may not be unreasonably withheld by TEKMATE), or suffer or causes any unreasonable damages to or use of the subject equipment which requires the furnishings of excessive maintenance services or replacement parts on the part of TEKMATE. V. Early Tennination.(per Extended Support) Customer shall, at its option, have the right to terminate all of its unmatured obligations under this agreement on thirty (30) days prior written notice to TEKMATE subject to (a) the prior satisfaction in full of all its matured obligations to TEKMATE. Customer hereby affirms that TEKMATE has no responsibility to repay any portion of any advance quarter - annual maintenance charge, and that any such amounts constitute liquidated damages. Customer acknowledges, represents and warrants that such liquidated damages are reasonable and have been agreed upon due to the difficulty of measuring the damages TEKMATE would suffer in the event of any such early termination of the agreement by the Customer. Customer hereby waives any and all rights to claim that such liquidated damages would be or do constitute an unenforceable penalty and not liquidated damages. W. Amendment. No amendment to or of this agreement shall be effective unless it is in writing and is executed by authorized representatives of all of the parties in this agreement. X. Entire Agreement. This written agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior or contemporaneous agreements, oral or written, between the parties with respect to such subject matter which are not included herein. LJ To_ KMATE Incorporated C-7 Your Technology Perrinsr 'APPENDIX AI SAMPLE - STANDARD AGREEMENT M. Customer Responsibilities. Customer shall provide adequate working space, heat, light, ventilation and electrical power for all TEKMATE maintenance personnel and shall be responsible for maintaining adequate power, battery backup, temperature, humidity, system ground and radio frequency interference limits and other reasonable environmental considerations and specifications as may be set by the Manufacturer of the subject systems equipment or TEKMATE before or during the term of this agreement. N. Exclusive Maintenance Rights. Customer shall neither cause nor suffer any maintenance, repairs, alterations or modifications to the subject telephone systems equipment by any party other than TEKMATE during the term of this agreement, unless expressly agreed to in writing in advance by TEKMATE. In the event of any such unauthorized maintenance, modifications, alterations or repairs cause or necessitate any corrective maintenance by TEKMATE, all such corrective maintenance shall be made at Customer's expense, based upon TEKMATE's then prevailing rates and prices. 0. Service Contacts. TEKMATE shall provide Customer with a telephone number and contact point sufficient to enable Customer to notify TEKMATE during the latter's normal business hours that remedial maintenance is required. P. Replacement Parts. TEKMATE shall strive to maintain an adequate inventory of replacement parts to assure that routine and remedial maintenance will and can be furnished on a timely basis. However, Customer expressly acknowledges and understands that it would be uneconomical for TEKMATE to maintain a sufficient inventory of replacement parts to assure that TEKMATE will always have sufficient parts available in stock to repair any and all defects and malfunctions which may occur from time to time in the subject equipment. Accordingly, in the event of the unavailability of any such part, TEKMATE's sole responsibility shall be to use its best efforts to secure a required replacement part which is out of stock as soon as is economically possible, and TEKMATE shall not be liable or responsible to Customer for any failure to have such part in stock. TEKMATE's obligations to furnish replacement parts under this agreement during the course of its maintenance services shall be limited to providing standard parts of equal quality. All such parts which have been replaced shall become the sole and exclusive property of TEKMATE. Q. Warranties. Except as expressly provided for the contrary herein, TEKMATE disclaims any and all warranties, express or implied, but not limited to any and all implied warranties of merchantability and/or fitness for particular purpose relating to, arising out of its obligations to furnish maintenance services, and/or parts under this agreement. R. Economic Damages. TEKMATE shall not be responsible for any indirect, incidental or consequential economic damages, including, but not limited to, damages to reputation or lost profits arising from the malfunction or loss of use of the subject equipment as a result of any failure on its part to fully, faithfully or timely provide maintenance services and/or parts under this agreement. S. Force Majeure. TEKMATE shall not be responsible for any failure on its part to furnish maintenance services or replacement parts under this agreement due to causes beyond its practical control, including, but not limited to, work stoppages, strikes, boycotts, embargoes, lockouts, transportation delays, fires, floods, earthquakes, casualties, civil disobedience's, riots, rebellions, acts of God, parts shortages or similar occurrences. 2605 Denali St Suite 100. • Anchorage, AK 99503 • Tel: 907 - 561 -6283 • Fax: 877 - 354 -1449 491 S Willow St Suite 205. • Wasilla, AK 99654 • Tel: 907 - 376 -1241 • Fax: 877 - 354 -1449 COMMUNICATIONS SYSTEM CONTRACT AND SUPPORT AGREEMENT Page 5 of 6 FrKMATE I ncorporated Your Ttahwology P arinrr APPENDIX Al SAMPLE — STANDARD AGREEMENT Y. Applicable Law. Jurisdiction and Venue. This agreement and the respective rights and obligations of the parties hereunder shall be construed and interpreted in accordance with the laws of the State of Alaska and the United States of America. In the event that a dispute should arise with respect to this agreement, the exclusive jurisdiction and venue therefore shall lie with the Superior Court for the Third Judicial District of the State of Alaska, at Anchorage, Alaska, or alternatively, the United States District Court for the District of Alaska, at Anchorage, Alaska, unless Federal Law would require the contrary. Z. Assignment. Neither the benefits nor the obligations of Customer under this agreement are assignable without the express written consent of TEKMATE which may be withheld by TEKMATE in its sole and absolute discretion, and any such purported assignment shall be null and void ab initio. AA. Interest, Costs and Attorney's Fees. All payments of moneys due TEKMATE under this agreement which are delinquent for a period in excess of fifteen (15) days shall bear simple interest at the maximum legal interest rate which may be agreed upon in contract as of the effective date of this agreement. In the event that Customer defaults in the full, faithful and timely performance of all of its obligations and duties under this agreement and TEKMATE is either forced or elects to seek legal redress for such default, Customer shall be obligated to and reimburse TEKMATE for all of the actual legal costs and attorneys' fees which are reasonably incurred by TEKMATE in seeking such legal redress. 2605 Denali St Suite 100. • Anchorage, AK 99503 • Tel: 907 - 561 -6283 • Fax: 877 - 354 -1449 491 S Willow St Suite 205. • Wasilla, AK 99654 • Tel: 907- 376 -1241 • Fax: 877- 354 -1449 COMMUNICATIONS SYSTEM CONTRACT AND SUPPORT AGREEMENT Page 6 of 6 COOPERATIVE PURCHASING CERTIFICATION FORM MITEL' DATE: GOVERNMENT CUSTOMER NAME: CUSTOMER ADDRESS: PURCHASE ORDER NO. The above referenced "Government Customer Name" hereby certifies that it has accepted and understands Cooperative Purchasing as written in GSAR 538.70 (see ATTACHMENT A) and certifies that the above referenced "purchase order no." is being ordered pursuant to Mitel Networks, Inc. GSA Schedule 70 Contract GS- 35F- 0398K. Please attach a completed copy of this form with your purchase order Authorized Signature Printed Name Title Telephone Number 6. SUBPART 538.70 COOPERATIVE PURCHASING 538.7000 Scope of subpart. ATTACHMENT A MITEL This subpart prescribes policies and procedures that implement statutory provisions authorizing non-federal organizations to use Schedule 70 and Corporate Schedule contracts containing information technology Special Item Numbers (SINs). 538.7001 Definitions. "Ordering activity" (also called "ordering agency" and "ordering office ") means an eligible ordering activity (see 552.238 -78) authorized to place orders under Federal Supply Schedule contracts. "Schedule 70," as used in this subpart, means Schedule 70 information technology contracts, and corporate schedule contracts containing information technology SINs. The Corporate Schedule is a compilation of multiple individual Federal Supply Schedules; therefore, only the SINs that fall under Schedule 70 of the Corporate Schedule will apply to Cooperative Purchasing. No other Schedules, or SINs, containing information technology outside of Schedule 70 SINs, and corporate schedule contracts containing Schedule 70 SINs, will apply. "State and local government entities," as used in this subpart, means the states of the United States, counties, municipalities, cities, towns, townships, tribal governments, public authorities (including public or Indian housing agencies under the United States Housing Act of 1937), school districts, colleges and other institutions of higher education, council of govemments (incorporated or not), regional or interstate govemment entities, or any agency or instrumentality of the preceding entities (including any local educational agency or institution of higher education), and including legislative and judicial departments. The term does not include contractors of, or grantees of, State or local governments. 538.7002 General. (1) "Local educational agency" has the meaning given that term in section 8013 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713). (2) 'Institution of higher education" has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (3) "Tribal government" means— (i) The goveming body of any Indian tribe, band, nation, or other organized group or community located in the continental United States (excluding the State of Alaska) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and (ii) Any Alaska Native regional or village corporation established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). (a) 40 U.S.C. 501, (the Act) authorizes the Administrator of General Services to procure and supply personal property and nonpersonal services for the use of Executive agencies. Under 40 U.S.C. 502, the goods and services available to executive agencies are also available to mixed ownership Govemment corporations, establishments within the legislative or judicial branches of Government (excepting the Senate, House of Representatives, Architect of the Capitol, and any activities under the direction of the Architect of the Capitol), the District of Columbia, and Qualified Non - profit Agencies. (b) Section 211 of the E- Government Act of 2002 amends 40 U.S.C. 502 to authorize the Administrator of General Services to provide for use of certain Federal Supply Schedules of the GSA by a State or local government, which includes any State, local, regional, or tribal government, or any instrumentality thereof (including any local educational agency or institution of higher education). (c) State and local govemments are authorized to procure only from the information technology Federal Supply Schedule (Schedule 70) contracts and Corporate Schedule contracts containing information technology SINs. A listing of the participating contractors and SINs for the products and services that are available through Schedule 70 and Corporate Schedule contracts containing information technology SINs, is available in GSA's Schedules e- Library at web site hftp✓/fss.gsa.gov /elibrary. Click on Schedules e- Library and Please attach a completed copy of this form with your purchase order then click on the ICON labeled Cooperative Purchasing, State and Local. The contractors and the products and services available for cooperative purchasing will be labeled with the ICON. 538.7003 Policy. MITEL Preparing solicitations when schedules are open to eligible non - federal entities. When opening Schedule 70 and the Corporate Schedule containing information technology SINs, for use by eligible non - federal entities, the contracting officer must make minor modifications to certain Federal Acquisition Regulation and GSAM provisions and clauses in order to make clear distinctions between the rights and responsibilities of the U.S. Government in its management and regulatory capacity pursuant to which it awards schedule contracts and fulfills associated Federal requirements versus the rights and responsibilities of eligible ordering activities placing orders to fulfill agency needs. Accordingly, the contracting officer is authorized to modify the following FAR provisions /clauses to delete "Govemment" or similar language referring to the U.S. Government and substitute "ordering activity" or similar language when preparing solicitations and contracts to be awarded under Schedule 70 and the Corporate Schedule containing information technology SINs. When such changes are made, the word "(DEVIATION)" shall be added at the end of the title of the provision or clause. These clauses include but are not limited to: (a) 52.212 -4, Contract Terms and Conditions — Commercial Items. (b) 52.216 -18, Ordering. (c) 52.216 -19, Order Limitations. (d) 52.229 -1, State and Local Taxes. (e) 52.229 -3, Federal, State, and Local Taxes. (f) 52.232 -7, Payments Under Time - and - Materials and Labor -Hour Contracts. (g) 52.232 -17, Interest. (h) 52.232 -19, Availability of Funds for the Next Fiscal Year. (i) 52.232 -34, Payment by Electronic Funds Transfer —Other than Central Contractor Registration (j) 52.232 -36, Payment by Third Party. (k) 52.237 -3, Continuity of Services. (I) 52.246 -4, Inspection of Services -Fixed Price. (m) 52.246 -6, Inspection- Time- and - Material and Labor -Hour. (n) 52.247 -34, F.O.B. Destination. (o) 52.247 -38, F.O.B. Inland Carrier Point of Exportation. 538.7004 Solicitation provisions and contract clauses. (a) The contracting officer shall insert the clause at 552.238 -77, Definition (Federal Supply Schedules), in solicitations and schedule contracts for Schedule 70 and the Corporate Schedule contracts containing information technology SINs. (b) The contracting officer shall insert the clause at 552.238 -78, Scope of Contract (Eligible Ordering Activities), in solicitations and contracts for Schedule 70 and the Corporate Schedule contracts containing information technology SINs. (c) The contracting officer shall insert the clause at 552.238 -79, Use of Federal Supply Schedule Contracts by Certain Entities — Cooperative Purchasing, in solicitations and Schedule 70 contracts and the Corporate Schedule contracts containing information technology SINs. (d) See 552.107 -70 for authorized FAR deviations. Please attach a completed copy of this form with your purchase order MITEL NETWORKS LIMITED CREDIT APPLICATION NA EMEA Mitel Networks Corporation Mitel Networks Limited 350 Legget Drive Mitel Business Park Ottawa Portskewett Ontario Monmouthshire Canada K2K 2W7 UK NP26 5YR (613) 592 2122 +44 (0) 1291 430000 www.mitel.com www.mitel.com Please complete this application, print a copy and retum the signed hard copy with an audited copy of your company's income statement and balance sheet for the last two most recent years to the Mitel Networks Credit Department at the appropriate address above. Corporate or Legal Entity Name: Doing Business / Trading As: Street Address: City: State / Province / County: Zip / Post Code: Country: Telephone: Fax: Accounts Payable Contact: Trade References (Please List Three): Company Name: Address: Telephone: Fax: Company Name: Address: Telephone: Fax: Company Name: Address: Telephone: Fax: Bank Details Bank / Branch: Account Number: Sort Code: Contact Name: Telephone: Fax: Authorized Signature Name: Title: Signature: Date: SOLD TO: PURCHASE ORDER /REFERENCE #: SHIPPING ADDRESS: CONTACT NAME: CONTACT PHONE AND FAX # INVOICE ADDRESS: DATE OF ORDER: REQUESTED DELIVERY : GSA SCHEDULE BUY ?: //yes GSA SCHEDULE #: YES ❑ NO ❑ SPECIAL INSTRUCTIONS: 1 I I it 1 1 18 � M1TEL it's about OVERNMENT SYSTEMS GROU fRE D1TCAR D':ORDE R `FORM PLEASE COMPLETE THE FOLLOWING AND FAX )- 904 S 11PPIN±G:AND` B: L G:INFOR -0568 =1 : I HEREBY AUTHORIZE THE FOLLOWING TO BE CHARGED TO MY CREDIT CARD: MITEL NETWORKS, Inc. Govemment Systems Group 205 Van Buren Street Suite 400 Hemdon, VA 20170 -5336 (703) 904 -0568 fax (703) 318 -7020 main PART NUMBER 1 2 3 4 5 6 DESCRIPTION QTY UNIT PRICE TOTAL SUBTOTAL SALES TAX FREIGHT TOTAL NAME ON CREDIT CARD: CREDIT CARD NUMBER: VISA MASTERCARD AMEX EXPIRATION DATE: CARDHOLDER'S SIGNATURE: KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 20, 2007 REGULAR MEETING ITEM NO. 13.B.1 TITLE: Resolution No. FY2008 -20 Adopting a 2008 Rural Communities State Legislative Capital Improvement Projects Priority List. SUMMARY: In addition to representing citizens of the road system, the Kodiak Island Borough, as the regional government represents the communities around the archipelago. These communities include: Ouzinkie, Port Lions, Larsen Bay, Karluk, Akhiok and Old Harbor. The 2000 census shows that the combined population of these communities is just under 1000. In addition to its citizens is the vast improvements and infrastructure found in these communities, which includes docks, airports, community utilities and facilities. The project needs have been identified and prioritized by each community and forwarded to the Kodiak Island Borough by resolution for inclusion into a 2008 State Legislative Capital Improvement Projects Priority list to be sent to the governor and the state legislative delegation. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -20. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -20 Introduced by: Manager Gifford Requested by: Assembly Drafted by: CDD Director Cassidy Introduced: 12/20/2007 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADOPTING A 2008 RURAL COMMUNITIES STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST WHEREAS, the Kodiak Island Borough is a regional government representing the citizens and communities of the Kodiak Island Archipelago; and WHEREAS, these communities have developed improvements and infrastructure needs for their citizens and visitors; and WHEREAS, these communities include the second class cities of Larsen Bay, Port Lions, Ouzinkie, Akhiok, and Old Harbor; and the unincorporated community of Karluk; and WHEREAS, Community Capital Improvement Projects (CIP) needs are identified and prioritized by each of the communities and forwarded to the Kodiak Island Borough for inclusion into an island wide lists to be considered by the Alaska legislature. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's Rural Communities 2008 State Legislative Capital Improvement Projects Priority Lists are as follows: Akhiok 1. Dozer (Heavy Equipment) $ 50,000 2. Front End Loader $ 30,000 3. Tsunami Shelter $ 50,000 4. Road Improvements to Tsunami Shelter $ 150,000 5. Fuel Truck $ 45,000 6. New Landfill $ 250,000 7. New Break water $ 250,000 8. New Sewer Outflow Line $ 250,000 9. Pump house repair /Garage $ 100,000 10. New water system & holding tank $ 200,000 11. New Multi- Purpose Office Building $ 300,000 12. Road Construction to Alitak Cannery $ 2,000,000 13. Prepay Electrical System $ 70,000 TOTAL $ 3,745,000 Kodiak Island Borough, Alaska Resolution No. FY2008 -20 Page 1 of 3 1. Landfill Construction 2. Airstrip Upgrade 3. Karluk Russian Church Restoration 4. Karluk Permanent Dock Facility 5. Karluk Multi- Purpose Building 6. Fuel Truck, Bull Dozer and Dump Truck 7. Karluk Playground (New) Karluk Larsen Bay 1. Docking Moorage — Fuel Barge 2. Deep Water Dock Facility 3. Resurface existing road system with new aggregate 4. Upgrade Multipurpose Building (City Ofc, Teen Ctr & Sr. Ctr.) 5. Replace City Machine Shop /Garage Old Harbor 1. Hydroelectric Power Plant $ 4,500,000 2. Water System /Sewage Lagoon $ 2,000,000 3. Dock and Harbor Improvements $ 3,000,000 4. Airport Improvements $ 450,000 5. Industrial /Economic Development $ 300,000 6. Multi -Use Sports Field $ 15,000 7. Maintenance Equipment $ 400,000 8. Park Renovation $ 50,000 TOTAL $ 10,715,000 Ouzinkie TOTAL TOTAL $ 500,000 $ 6,700,000 $ 275,000 $ 12, 000, 000 $ 750,000 $ 650,000 $ 100,000 $ 20,975,000 $ 150,000 $ 5,000,000 $ 100,000 $ 550,000 $ 650,000 $ 6,450,000 1. Phase II Construction of Ouzinkie Replacement Dock/Industrial Area $ 5,207,000 2. Community water distribution lines and fire hydrant replacement project $ 3,782,000 3. Electrical Tine /transformer infrastructure replacement $ 495,000 4. Community Road and Parking Upgrades (Hydro Plant, harbor & roads) $ 3,550,000 5. Alternative Energy — Wind Generation $ 250,000 6. Landfill Heavy Equipment (Tractor and Backhoe) $ 155,000 7. Heavy Equipment storage building $ 250,000 8. Rural Skills Training and Development Center — Planning Effort $ 100,000 TOTAL $ 13,789,000 Kodiak Island Borough, Alaska Resolution No. FY2008 -20 Page 2 of 3 Port Lions 1. Public Ferry Dock Facility $ 5,300,000 2. City Large Equipment $ 1,380,000 3. Road Upgrade $ 1,380,000 4. Maintenance Improvement Facility $ 130,000 5. Wastewater Upgrade Phase II Sewage Lagoon Pump Truck $ 350,000 6. Wastewater Upgrade Phase III Force Main Replacement — Wakefield Subd $ 400,000 7. Harbor Water Main $ 975,000 8. RV Park Development $ 30,000 9. Municipal Building Repairs $ 100,000 10. Harbor Building $ 100,000 11. New Subdivision (utility and road design) $ 440,000 12. Boat Storage /Dry Dock Facility $ 1,300,000 13. Cold Storage Facility $ 250,000 TOTAL $ 12,135,000 Section 2: The Kodiak Island Borough administration is hereby instructed to advise the Governor and our Legislative Representatives of the State of Alaska of the Rural Communities 2008 State Legislative Capital Improvement Projects Priority List adopted by the Kodiak Island Borough Assembly. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2008 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2008 -20 Page 3 of 3 APPROVAL FOR AGENDA: 2?k%C) KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 20, 2007 REGULAR MEETING TITLE: Resolution No. FY2008 -21 Certifying the FY2008 Shared Fisheries Business Tax Program Application To Be True and Correct. SUMMARY: This resolution certifies the information contained in the Kodiak Island Borough FY2008 Shared Business Tax Program application to be true and correct. J RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -21. ITEM NO: 13.B.2 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -21 Introduced by: Manager Gifford Requested by: Finance Director Drafted by: Finance Director Introduced: 12/20/2007 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH CERTIFYING THE FY2008 SHARED FISHERIES BUSINESS TAX PROGRAM APPLICATION TO BE TRUE AND CORRECT WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY2008 Shared Fisheries Business Tax Program, the municipality must demonstrate to the Department of Community and Economic Development that the municipality suffered significant effects during calendar year 2006 from fisheries business activities; and WHEREAS, the Department of Community and Economic Development has prepared specific application forms for the purpose of presenting the municipality's claims as to the significant effects suffered by the municipality during calendar year 2006; and WHEREAS, 3AAC 134.100 requires the governing body of the municipality to include with the municipality's FY2008 program application an approved resolution certifying the information contained in the application to be true and correct; NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THAT: Section 1: This resolution certifies that the information contained in the Kodiak Island Borough FY2008 Shared Fisheries Business Tax Program Application to be true and correct to the best of our knowledge. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2007 Nova M. Javier. CMC, Borough Clerk KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2008 -21 Page 1 of 1 STANDARD METHOD APPLICATION for the FY08 SHARED FISHERIES BUSINESS TAX PROGRAM Name of Municipality: Kodiak Island Borough Address: 710 Mill Bay Road Kodiak, AK 99615 Contact Person: Karl Short Phone Number: 907 486 -9320 Total # of Significant Effects Claimed: 5 Total $ of Significant Effects Claimed: $ 15,464,185 Return this cover page along with Declaration of Significant Effects forms and resolution to: Department of Community and Economic Development Division of Community Advocacy Shared Fisheries business Tax Program PO Box 110809 Juneau, AK 99811 -0809 FY 08 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: The Kodiak Island Borough provides a wide variety of services for the community including the fishing industry. The general fund includes administrative functions such as the Clerks Office, Finance and Assessing, Borough Manager, School District support, plus transfers to other entities. This is the core unit of the Borough and its general administration. 2. Significant effect (municipal expenditure) made necessary during 2006 by the fisheries business activity listed in # 1 4,257,794 3. Municipal expenditure is: • actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2006 expenditures 100% fisheries related ($0 X 1.00) $ 0 .00 Total calendar year 2006 expenditures at 64% fisheries related ($4,257,794 X .64) $ 2,724,988 Total effect $ 2,985,468 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? Yes • No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough wrote a query that accessed all of the calendar year 2006 transactions on our AS400 computer. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. FY 08 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: Special Revenue funds of the Kodiak Island Borough provide a wide variety of services to the community including the fishing industry. Special Revenue funds account for activities such as building & grounds support, coastal management, education, road maintenance, fire protection, and street lighting. 2. Significant effect (municipal expenditure) made necessary during 2003 by the fisheries business activity listed in # 1 $ 10,724,113. 3. Municipal expenditure is: • actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2006 expenditures 100% fisheries related ($0 X 1.00) $ 0.00 Total calendar year 2006 expenditures at 64% fisheries related ($10,724,113 X .64) $ 6,863,432 Total effect $ 6,863,432 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? Yes ❑ No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough wrote a query that accessed all of the calendar year 2006 transactions on our AS400 computer. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. FY 08 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: Debt service funds provide two main services to the residents of the Kodiak Island Borough at this time. They make payments on the bond issues that were sold to expand the hospital and to expand and build new schools. 2. Significant effect (municipal expenditure) made necessary during 2006 by the fisheries business activity listed in # 1 $1,687,885 3. Municipal expenditure is: • actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2006 expenditures 100% fisheries related ($X 1.00) $ 0.00 Total calendar year 2006 expenditures at 64% fisheries related ($687,885 X .64) $ 1,080,246 Total effect $ 1,080,246 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? Yes ❑ No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough wrote a query that accessed all of the calendar year 2006 transactions on our AS400 computer. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly FY 08 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: The Kodiak Island Borough provides a wide variety of services for the community including the fishing industry. Capital projects includes repairs on school buildings, roads, boat ramps, and other capital expenditures 2. Significant effect (municipal expenditure) made necessary during 2006 by the fisheries business activity listed in # 1 $1,336,675 3. Municipal expenditure is: • actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2006 expenditures 100% fisheries related ($0 X 1.00) $ 0.00 Total calendar year 2006 expenditures at 64% fisheries related ($1„336,675 .64) $ 804,643 Total effect $ 804,643 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? Yes ❑ No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough wrote a query that accessed all of the calendar year 2006 transactions on our AS400 computer. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. FY 08 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: The Kodiak Island Borough provides a wide variety of services for the community including the fishing industry. Enterprise Funds include Solid Waste collection and disposal, the Kodiak Fisheries Research Facility, and 911 funding. 2. Significant effect (municipal expenditure) made necessary during 2006 by the fisheries business activity listed in # 1 $ 5,423,469 3. Municipal expenditure is: • actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2006 expenditures 100% fisheries related ($1,444,042 X 1.00) $ 1,444,042 Total calendar year 2006 expenditures at 64% fisheries related ($3,979,427X .64) $ 2,546,833 Total effect $ 6,083,535 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? Yes ❑ No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough wrote a query that accessed all of the calendar year 2006 transactions on our AS400 computer. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 20, 2007 REGULAR MEETING ITEM NO: 13.B.3 TITLE: Resolution No. FY2008 -03B Amending Resolution No. FY2008 -03 to Appoint an Additional Member to the Kodiak Fisheries Advisory Committee (KFAC.) SUMMARY: This resolution amends Resolution No. FY2008 -03 to officially appoint Mr. Dan Clarion as the Kodiak Rural Communities Representative to the KFAC. RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -03B. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -03B Introduced by: Manager Gifford Requested by: Assembly Drafted by: Borough Clerk Introduced: 12/20/2007 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING RESOLUTION NO. FY2008 -03 TO APPOINT AN ADDITIONAL MEMBER TO THE KODIAK FISHERIES ADVISORY COMMITTEE WHEREAS, Resolution Number FY2007 -38 established a joint Kodiak Fisheries Advisory Committee to take the place of the joint Gulf of Alaska Groundfish Rationalization Task Force; and WHEREAS, the purposes of the Kodiak Fisheries Advisory Committee are to provide recommendations, when appropriate, to the Kodiak City Council and the Kodiak Island Borough Assembly regarding a Kodiak position on fisheries issues and to provide a forum for interested parties to discuss and, to the degree possible, reach consensus on fisheries issues affecting Kodiak's fishermen, processors, businesses and residents; and WHEREAS, the term of Kodiak Fisheries Advisory Committee appointments shall be three (3) years provided that appointees' terms shall extend until their replacements are named; and WHEREAS, appointment to the Kodiak Fisheries Advisory Committee confers no rights or authority other than to make recommendations to the Borough Assembly and City Council concerning State and Federal fisheries management actions, which the City Council and Borough Assembly may accept or reject at their sole discretion; and WHEREAS, representatives of the Kodiak Island Borough and City Council, Kodiak residents serving on the North Pacific Fishery Management Council, the North Pacific Council's Advisory Panel and the Alaska Board of Fisheries are ex- officio non - voting members of the Kodiak Fisheries Advisory Committee; and WHEREAS, Kodiak Fisheries Advisory Committee members have the authority to designate an alternate prior to a meeting if the member cannot attend; and WHEREAS, the Kodiak Fisheries Advisory Committee has the authority to develop procedures for calling and conducting Committee meetings, determining the Committee's position on issues and resolving other Committee organizational matters. NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH ASSEMBLY that the Kodiak Fisheries Advisory Committee shall be composed of the following individuals representing the following Kodiak community interest groups. Kodiak Island Borough, Alaska Resolution No. FY2008 -03A Page 1 of 2 Interest Group Member Large Pot Vessels Jeffrey Stephan Large Trawl Vessels Jim Hamilton Large Longline Vessels Chris Holland Jig Vessels Chuck Thompson Crewmembers Steve Branson Large Processors Julie Bonney ADFG Advisory Committee Oliver Holm Business Community (non fishing related) Rolan Ruoss Conservation Community Theresa Peterson Small Pot Vessels Norman MuIlan Small Trawl Vessels Jay Stinson Small Longline Vessels Alexus Kwatchka Salmon /Herring Net Vessels Hunter Berns Kodiak Rural Communities Dan Clarion Small Processors David Woodruff Lodge Charter Boat Operators Citizen at Large Alan Austerman ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2008 -03B Page 2of2 FROM : CITY OF OUZINKIE nildjlddf bki: NAME: PHONE NO. : 907 680 2223 Sep. 19 :'fit - J l: b - y � y . &UMLLK*1 l.Lth:r. BOARD A.PPLICA'TION !ockA .�i HOME PHONE: qo7- 460 -Z93v G'+'' °rDhc+:o�h%c WORK : 4 SO ;a 2,2199 E I,.: WokciM G 6 7 07°6 . Gam"" STRSIaT ADDRESS: 3..5 .5- 5/,,4. [/ MAILING ADDRESS: eFdb: 2-9 0 C i/ t / t / I 7‘ LENGTH OF RESIDENCE IN KODIAK: IN ALASKA: - 3 j y fa QK'-i rA, Q ARE YOU A REGISTERED VOTER IN KODIAK? YES () NO ARE YOU A PROPERTY OWNER IN KODIAK? YES ( ) COMMUNITY ACTIVITIES: PROFESSIONAL ACTIVITIES: �i ! J f �- Otalale e 0 c1vi ✓ Y r rC C h r Pt i 7` CAM e (,Orperg?Lion AREA OF EXPERTISE AND /OR EDUCA 4 , *text exreriv I AM_INTEREST'ED IN SE G SOARD(S) (L•Ist In order of preference) 1.,/red1?k s . r 1CY /e5 ad //45CW 2. 4, 9 -- 47 ntUre Date - - • , ■r.1; vN10 NQ vwlbl eY Vat � ( i1 r7►-- Ba b room Wrap en: vt-l-e)c Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9591 EMAIL: njavierc kodiakak.us NO$ , wt r eatelorer 0 A A. f' / 1 A resume or letter of Inteeet mey be attached but la not required, Thls oppltoetion AO 1 be kept on filo for one year. Meow rstum Fie a�blit on by the adve�sod desdllne. e 1 • erNFwAG OMW• Raw OHh Finrm l *MMNN KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 20, 2007 REGULAR MEETING ITEM NO: 13.D.1 TITLE: Acknowledging Receipt of the 2005 Gravel Task Force Final Report Presented November 21, 2007. SUMMARY: The Gravel Taskforce was created and tasked to perform a number of investigations, which include: • Compile a comprehensive inventory and description of past and existing gravel and earth material sources and sites; and • Compile a comprehensive inventory and description of potential future gravel and earth material sources and sites; and • Describe, generally , the estimated community need for various types of gravel and earth material in future development projects projected for a 20 tO 30 year timeframe; and • Recommend policies to the Planning and Zoning Commission and the KIB Assembly for orderly development and long term availability of gravel and earth materials. To accomplish these tasks maps were reviewed, ownership issues considered and rock samples gathered and sent to a lab for analysis. The taskforce, organized in May 2005, have spent quality time to perform these tasks. That information is compiled in the Final Report. Most important is the taskforce's resolution included with the final report. In it they made the following recommendation: • The Kodiak Island Borough move with all possible dispatch in order to secure Lot 7, U.S. Survey 2539 for the purpose of serving as a material resource site. • The Kodiak Island Borough move expeditiously in the permitting process in order to develop Lot 7 U.S. Survey 2539 as a material source site capable of serving the Kodiak Island Borough community in the future years. Staff recommends that the Assembly acknowledge receipt of the Kodiak Island Borough 2005 Gravel Taskforce FINAL REPORT APPROVAL FOR AGENDA: L-iLf RECOMMENDED MOTION: Move to acknowledge receipt of the 2005 Gravel Task Force Final Report Presented November 21, 2007. MR. TOM ABELL MR. DAVID KING DR. GARY CARVER MR. BILL OLIVER MR. MIKE ANDERSON MR. THOMAS TROSVIG MR. CHARLIE POWERS MR. CHARLES "BUD" CASSIDY MS. SHEILA SMITH KODIAK ISLAND BOROUGH 2005 GRAVEL TASK FORCE MEMBERSHIP MEMBER, KODIAK ISLAND BOROUGH ASSEMBLY CHAIRMAN, KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MEMBER, KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION COMMUNITY REPRESENTATIVE COMMUNITY REPRESENTATIVE COMMUNITY REPRESENTATIVE COMMUNITY REPRESENTATIVE, KONIAG, INC. DIRECTOR, KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT STAFF SUPPORT COMMUNITY DEVELOPMENT DEPARTMENT FINAL REPORT OF THE KODIAK ISLAND BOROUGH 2005 GRAVEL TASK FORCE The Membership of the Gravel Task Force is pleased to submit our final report to the Kodiak Island Borough Planning & Zoning Commission and Assembly for your acceptance and approval as an advisory document. Established in May 2005 by the Kodiak Island Borough Assembly, on the recommendation of the KIB Planning and Zoning Commission, the Gravel Task Force had as its mission the assessment of the sand, gravel and earth materials resources of the road system region of the borough; the development of policies for earth resource management; and to make recommendations to the KIB Planning and Zoning Commission and the Borough Assembly on management approaches, procedures, and policies. The goal of the committee was to provide for the sustainable Tong -term availability of sand, gravel and earth materials in support of orderly and economical growth and development in the Kodiak Island Borough, and to reduce to the maximum extent possible any undesirable impacts and conflicts arising from the extraction and use of these resources. The Task Force was charged with the following areas of investigation. 1. Compile a comprehensive inventory and description of past and existing gravel and earth material sources and sites. 2. Compile a comprehensive inventory and description of potential future gravel and earth material sources and sites. 3. Describe, generally, the estimated community need for various types of gravel and earth material in future development projects projected for a 20 to 30 year time - frame. 4. Recommend policies to the Planning and Zoning Commission and the KIB Assembly for the orderly development and long term availability of gravel and earth materials. Charge One of the Committee was detailed in the implementing legislation as: 1. Compile a comprehensive inventory and description of past and existing gravel and earth material sources and sites to include: a. location b. material type (sand, gravel, rock, top soil, other) c. estimated volume of material extracted d. estimated remaining volume of material e. quality of material f. land ownership g. land use zoning of the site h. environmental sensitivity of the site i. socio- economic sensitivity of the site The Task Force presents these findings in summary format on the following two pages: Page 2 of 15 Sargent Creek KIB Tracts Green Mountain Ecklund Stratman Red Cloud River Lake Rose Tead Salonie Creek Vista View Narrow Cape Pasagshak . a KIB Gravel Task Force Page 3 of 15 Map produced by KIB COO 9/30/05 as staff support to the KIB Gravel Task Force Information contained herein are representational only &`should: not be used for navigational purposes. Page 4 of 15 Pasagshak Narrow Cape Unnamed Lake Rose Tead Stratman Ecklund Salome Creek Sargent Creek Tr B - 3 Tr B - 2 Tr 6 - KIB Tracts Green Mtn Unnamed Vista View Barrow Site Red Cloud River Site DNR DNR DNR Stratman Ecklund KIB KIB KIB Grothe KIB ONC & Koniag Owner CUP 04 -007 CUP 97 -021 CUP 03 -005 (5 year term) CUP 00 -015 CUP 97 -026 CUP 04 -015 CUP 04 -005 BL 78 -091 1973 Unk 1977 Case No. 432B CUP 84. 082 (expansion) CUP 02 -007 Case No. 82 -026 Unk / Grandfathered Date Established Brechan Brechan Anderson AADC AADC Quality Asphalt Paving n/a Dept of Defense Dept of Defense Welbom Felton & successor interests Various City of Kodiak III City of Kodiak I Various Operator 24.500 cy authorized 20,000 cy authorized 10,000 cy per material sales contract 7,000 cy authorized 20.000 cy authorized 125,000 cy authorized 50,000 cy authorized Unk Unk Unspecified 450,000 cy authorized Unk 90,000cy authorized in 1984 42,000 cy per request 26,000 cy authorized Unk Extraction Unk Unk 7,000 cy Unk Unk Unk Unk Unk Unk Unk Unk Unk Resource Remaining Active Idle Inactive Inactive Idle Inactive Inactive Active fi m 2" Inactive Idle Status Gravel Gravel Gravel Gravel Gravel Gravel Gravel Gravel Rock Gravel & Clay Gravel Material Type Concrete &asphalt /g ood Concrete &asphalt /g ood fill /good Concrete &asphalt /g ood Concrete &asphalt /g ood fill /marginal Concrete &asphalt /g ood marginal Concrete &asphalt /g ood Concrete &asphalt/g ood I Concrete&asphalt/g1 ood Concrete & asphalt /g, ood fill/good moderate Quality of Material CN CN CN CN CN CN CN IND BUS & CN CN CN Zoning High Low Moderate Moderate Moderate Moderate High High Low Low Low Environmental Sensitivty High Low Low Low Low High High High Low Low Low Socio - Economic Sensitivty HIGH PRODUCT/ LOW IMPACT HIGH PRODUCT/ LOW IMPACT HIGH PRODUCT/ LOW IMPACT HIGH PRODUCT/ LOW IMPACT NOTES Page 4 of 15 Charge Two of the Committee was detailed in the implementing legislation as: 2. Compile a comprehensive inventory and description of potential future gravel and earth material sources and sites to include: a. location b. material type (gravel, rock, top soil, other) c. estimated volume of material d. quality of material e. land ownership f. land use zoning of the site g. environmental sensitivity of the site h. socio- economic sensitivity of the site The Task Force presents these findings in summary format on the following page: Page 5 of 15 KIB Road System Potential Gravel Sources Shakmanof Cove Surface Estate: Ouzinkie Native Corp. Subsurface Estate: Koniag, Inc. Zoning: Conservation USS 2539 Lot 7 Owner: USCG Zoning: Conservation Salonie Creek Owner: KIB Zoning: Conservation American River Surface Estate: Leisnoi, Inc Subsurface Estate: Koniag, Inc. Zoning: Conservation Kalsin River Surface Estate: Leisnoi, Inc. Subsurface Estate: Koniag, Inc. Zoning: Conservation KIB Gravel Task Force Page 6 of 15 Map produced by KIB.CDD 6/13/07 . as staff support to the I013 Gravel Task Force Information contained herein are representational only 8 should not be used for navigational purposes. In addition, the Gravel Task Force directed additional exploration and assaying of resource potential at two specific sites on the road system, and welcomed private sector collaboration pertaining to a well- known, although less accessible, resource site. A synopsis of effort and findings follows. Salonie Creek Investigation: Anderson stated nothing was found at Salonie Creek. It was mostly overburden and glacial till. Bedrock was found on one of the highest sections. Bob Hales went with him and eleven holes were dug. Holes were dug by the rifle range and then up by the Cottonwoods. Silt was found down to 9 feet with a lot of water. When they dug behind the rifle range the hole was full of ammunition and gun parts so they covered it back up. The area that was identified to do the exploration on where the mounds are going in was standard organics, a good layer of ash, overburden, and then glacial till with one exception there was bedrock. In the area where material was borrowed from Anderson discovered what was borrowed was glacial till which was used as fill. Anderson and Hale dug down 3, 4, and 5 feet where the old parts of buildings are and found gravel fill, and then found where that fill was used. The material was borrowed out of there to make a big area and then just capped it with gravel. Anderson and Hale's assumption is the gravel came right out of the creek. It was fine without many cobbles. They dug in two different man made construction pads which the material was the same as the material in the creek. If you went up further past the borough property you would get into more cobbles that would probably be better quality material. There was nothing found worth developing on the borough property.' Lot 7 United States Survey 2539 Investigation: Anderson stated there were 9 sites identified on Coast Guard property to dig but the Coast Guard came with a permit to dig only 6 holes. Anderson picked the 6 places that best represented the area which he got good results from. In the first hole, the water level was at 6 1 /2 feet down but he dug to 14 feet deep with no change in the material, but he found a silt lens about a foot deep. Most of the holes were dug at 14, 14, 16, and 18 feet. The better holes were farther up closer to the river and away from the ocean which he got 18 feet with no water, and then 17 feet with no water. Up in the corner is a big bedrock knob. Anderson said the 17 and 18 foot deep holes that had no water were probably two hundred feet from the creek. The gravel looks good which he got 6 five gallon bucket samples to be sent in. He likes the high percentage of cobbles because it bodes well for the hardness of material. The site looks good. It's on the road system and there aren't any neighbors to disturb. 1 From the Minutes of the July 2, 2007 Gravel Task Force Meeting. 2 From the Minutes of the July 2, 2007 Gravel Task Force Meeting. Page 7 of 15 Shakmanof Cove Prospect: Charlie Powers, Vice - President Corporate Affairs, Koniag, Inc. The granite deposit located at Kizhuyak Point (referred to as Rubber Boot) which is easily accessible via Shakmanof Cove near the village of Ouzinkie has long been looked at as a significant hard rock source for Kodiak Island and other statewide needs. The area's surface rights are owned by Ouzinkie Native Corporation and subsurface rights are owned by Koniag Incorporated. In 2006 samples were collected which tested high on scales of degradation, abrasion and soundness. In June 2007 Koniag Inc. contracted Hattenburg, Dilley and Linnell Engineering Consultants to conduct Geologic field reconnaissance to assess the controlling structures of the rock for block sizing, stability, and development of mining plan recommendations. Test results reveal a very strong, blocky and competent granite rock. Structural geologic data indicates favorable characteristics which will maximize the size of the rock product obtainable when coordinated with standard quarrying blasting methods. Taken together, the field investigation and laboratory analyses indicate that the Shakmanof granite is suitable for the following marketable rock products: 1. All grades of riprap (DOT &PF highways and airports specifications) from Class I through IV (smallest to largest); 2. Shore protection rock products (US Army Corps of Engineers); 3. Armor stone (DOT &PF airports spec); 4. Gradations of crushed aggregate including base course; surface course; aggregate for asphalt concrete pavement, concrete, cover coat and surface treatment, filter blanket and subbase (DOT &PF highway and airport specs); 5. Selected material types A, B, and C; 6. Porous backfill; 7. Gabion backfill. Additional markets for the Shakmanof granite may include many other construction products based on high quality aggregate (soil cement, emulsified asphalt treated base course, etc.), and possibly architectural products such as granite facing, flooring, slabs, etc. Koniag intends to continue work towards capturing a shareholder benefit from this valuable resource. Page 8 of 15 Charge Three of the Committee was detailed in the implementing legislation as: 3. Describe, generally, the estimated community need for various types of gravel and earth material in future development projects projected for a 20 to 30 year time - frame, to include: a. quantities of material needed by type b. description of applicable material specifications c. estimated market value of material by type d. investigation of viable alternatives to gravel or earth material products e. socio- economic impact of the industry Discussion and ultimate concurrence between the task force members concluded that the rate of use of gravel resources would not significantly increase in the next several decades. Although staff has not been able to get detailed records from all of the operators, two of the larger companies have provided staff with some detailed annual volume counts. Based on this data, we can estimate that a maximum of 200,000 yards of gravel for all uses are extracted along the road system annually. Various indicators were used to try to project anticipated needs into the future. Existing population, building construction trends, and major road projects were all calculated to establish a baseline of information. Therefore, over the 30 next years, it can be projected that the projects along the road system of the Borough would use approximately 6,000,000 yards of aggregate. Based on the information that has been complied for the four general site detailed earlier in this report, it is estimated that there is approximately 10,284,000 yards of various quality gravel along the road system. Therefore, it appears that there is enough supply to meet anticipated demand. However, these potential sites were only evaluated and investigated using the best available mapping and rudimentary field observation. Charge Four of the Committee was detailed in the implementing legislation as: 4. Recommend policies to the Planning and Zoning Commission and the KIB Assembly for the orderly development and long term availability of gravel and earth materials to include: a. develop plan /policy basis for locating future extraction sites Future extraction sites will be located where the resource is discovered to exist in economically recoverable quantities. However, extraction sites may be distinguished from processing sites because the primary activity(s) do not necessarily need to be co- located. Page 9 of 15 b. review zoning standards to address concerns /impacts Extraction and processing are primarily industrial activities, and as depicted in Table 1 of the appendix, these activities are a Use by Right only in the Industrial Zoning District. As a Use by Right, an administratively issued zoning compliance permit for the conduct of gravel extraction is not subject to appeal. However, the conduct of any activity in the Industrial Zoning District is regulated by applicable performance standards. The seven specific performance standards are listed in KIBC 17.24.060, and are: A. Noise. The noise emanating from a premises used for industrial activities shall be muffled so as to not become objectionable due to intermittent beat, frequency, or shrillness; and where a use adjoins a residential district, the noise loudness measured at the boundary line shall not exceed ninety (90) decibels. B. Lighting. Any lighting shall not be used in a manner which produces glare on public highways and neighboring property. Arc welding, acetylene torch cutting and similar processes shall be performed so as not to be seen outside the property. C. Fire and safety hazards. The storage and handling of inflammable liquids, liquefied petroleum, gases and explosives shall comply with the fire prevention code and all other applicable laws and regulations. Enameling and paint spraying operations shall be permitted when incidental to the principal use and when such operations are contained within a building of two -hour fire - resistive construction. Bulk storage of inflammable liquids below ground shall be permitted if the tank is located no closer to the property line than the greater dimension (diameter, length or height) of the tank. D. Odor. Uses causing the emission of obnoxious odors of any kind and the emission of any toxic or corrosive fumes or gases are prohibited. E. Dust and smoke. Dust and smoke created by industrial operations shall not be exhausted into the air in such a manner as to create a nuisance. F. Open storage. Any storage shall not be located closer than twenty -five (25) feet to any street right -of -way. Any storage shall be enclosed with a fence acceptable to the commission. Whenever lumber, coal or other combustible material is stored, a roadway shall be provided, graded and maintained from the street to the rear of the property to permit free access for fire trucks at any time. G. Screening. Where an industrial use is adjacent to and within one hundred (100) feet of a residential use or zone, that industry shall provide screening as approved by the commission. Gravel extraction, and associated activity, is allowed with the grant of a Conditional Use Permit in the Conservation Zoning District, the Rural Development Zoning District, and the Public Use Zoning District. The grant of a conditional use permit is regulated under Kodiak Island Borough Code Title 17 Chapter 67. Five specific standards must be found to apply after a public hearing process has provided for community wide review and comment opportunity. 3 KIBC Title 17 — Summary Table, Gravel Extraction Activities. Page 10 of 15 The five specific standards are listed in KIBC 17.67.050, and are: A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area; B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort; D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section; E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. The current regulatory scheme thus provides for industry specific performance standards, and, an additional layer of standards and public review and comment opportunity in the case of conditional use permits. c. review the procedures for implementation of zoning standards The Kodiak Island Borough Assembly is the duly authorized legislative body with ultimate responsibility for implementation of zoning standards. For statutory provisions granting borough's area -wide planning, platting and zoning responsibility, see AS 29.40.010. For provisions authorizing the assembly to adopt zoning regulations and to provide for exceptions thereto, see AS 29.40.040. The Kodiak Island Borough Planning & Zoning Commission serves in an advisory capacity to the Assembly, and the legislative authority for its creation may be found in AS.40.020. Each body, in its own capacity, may, from time to time enact, or recommend, such changes to the zoning code as it deems advisable. In the case of proposed amendments to the zoning code related to gravel / resource extraction activities, the normal course of events would be a recommendation from the Planning & Zoning Commission to the Borough Assembly. Such a sequence of events would provide for a minimum of two public hearings providing ample opportunity for public input. Page 11 of 15 f. develop recommendation for impact and conflict mitigation procedure Experience has shown that controversy may erupt regardless of the safeguards outlined in paragraph (b) above. Resolving these inevitable complaints often puts staff in a position of having to make suspect findings based on subjective criteria. This may be illustrated by considering an instance of noise complaint. KIBC 17.24.060 (A) does not specify personnel responsible for taking the measurement (staff on hand, industry certified technician, casual observer ?) nor the equipment (certified by? to a degree of accuracy + \ -, within the previous 6 \ 12? month time frame) to be used for measurement purposes. These types of oversight in Code construction inevitably open the door to litigation opportunities via KIBC 17.75.030 Penalties and remedies (B), which reads: Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this title, any order issued under subsection 17.75.010(A) of this chapter, or any term or condition of a conditional use, variance or other entitlement issued under this chapter; or to obtain damages for any injury the plaintiff suffered as a result of a violation. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, the superior court shall enjoin the violation. It is suggested that a careful reading of applicable codes be undertaken with the purpose of substituting any subjective reference with quantifiable objective criteria. The remaining discussion points of Charge Four have been taken out of order for purposes of brevity. d. develop site monitoring and code enforcement policy /procedures e. develop standardized site development and operation specifications g. recommend site closure and reclamation standards and review process The Gravel Task Force expressed consensus that items d, e, and g, were more properly within the domain of the Planning & Zoning Commission. By unanimous Motion, the Gravel Task Force voted to refocus efforts upon the issue of Commercial Extraction activities. Foregoing specific commentary on items d, e, and g, the Gravel Task Force nevertheless suggested that existing regulatory models, i.e., State of Alaska, governing mining activities be referenced as a starting point for any future effort in this area. This Final Report of the 2005 Gravel Task Force closes with the following resolution summarizing the Gravel Task Force's Findings and Recommendations. Page 12 of 15 Introduced by: Requested by: Drafted by: Introduced: Adopted: KODIAK ISLAND BOROUGH 2005 GRAVEL TASK FORCE RESOLUTION OF RECOMMENDATION Bud Cassidy, Director KIB Gravel Task Force Staff 00 /00/ 2007 A RESOLUTION OF THE KODIAK ISLAND BOROUGH 2005 GRAVEL TASK FORCE, RECOMMENDING THE ACQUISITION OF LOT 7 UNITED STATES SURVEY 2539. WHEREAS, the Kodiak Island Borough 2005 Gravel Task Force was tasked with certain investigations by Planning & Zoning Commission Resolution 2005 -1; and, WHEREAS, Planning and Zoning Commission Resolution 2005 -1 was affirmed by the Kodiak Island Borough Assembly by Motion at the May 12, 2005 Regular Meeting of the Assembly; and, WHEREAS, the Kodiak Island Borough 2005 Gravel Task Force has completed the Inventory of existing road system commercial material sources as directed by the Assembly; and, WHEREAS, the Kodiak Island Borough 2005 Gravel Task Force has completed an investigation of potential road system commercial material sites as directed by the Assembly; and, WHEREAS, the goal of the Task Force was to provide for the sustainable long- term availability of sand, gravel, and earth materials in support of orderly and economical growth and development in the Kodiak Island Borough; WHEREAS, two material resource sites, Lot 7 United States Survey 2539 and the granite pluton at Shakmanof Cove, were identified to best fit the community's long- term requirement for commercial grade gravel for the purpose of concrete and asphalt aggregate; WHEREAS, the granite pluton at Shakmanof Cove is currently being evaluated by the subsurface estate owner; and WHEREAS, Lot 7 United States Survey 2539 is the site potentially susceptible to powers of municipal acquisition. NOW, THEREFORE, BE IT RESOLVED and RECOMMENDED BY THE KODIAK ISLAND BOROUGH 2005 GRAVEL TASK FORCE THAT: Section I: The Kodiak Island Borough move with all possible dispatch in order to secure Lot 7 United States Survey 2539 for the purpose of serving as a material resource site. Section II: The Kodiak Island Borough move expeditiously in the permitting process in order to develop Lot 7 United States Survey 2539 as a material resource site capable of serving the Kodiak Island Borough community in future years. Page 13 of 15 1 of2 ADOPTED BY THE KODIAK ISLAND BOROUGH 2005 GRAVEL TASK FORCE, THIS FIFTENTH DAY OF OCTOBER, 2007 Dr, Gary 7j / V Mr. Tom Abell, Member, Kodiak Island Borough Assembly Mr. Bill Oliver, Community Representative Mr, Mike Anderson, Community Representative ) Mr. Tomas Trosvig, Community epresentative Island Borough Planning & Zoning Commission r, Mem odiak Island Borough Planning & Zoning Commission Mr. Charlie Powers, Community Representative, Koniag, Inc. Mr. Charles "Bud" Cas idly, Director, Kodiak Island Borough Community Development Department ATTEST: Sheila Smith, Secretary 2of2 Zoning District Permitted Use Conditional Use 17.10 W- Watershed District No No 17.11 WH- Wildlife Habitat District No No 17.12 NU- Natural Use District No No 17.13 C- Conservation District NO YES 17.14 RD -Rural Development District NO YES 17.15 RR2 -Rural Residential Two District No No 17.16 RR -Rural Residential District No No 17.17 RR1 -Rural Residential One District No No 17.18 R1- Single- family Residential District No No 17.19 R2- Two - family Residential District No No 17.20 R3- Multifamily Residential District No No 17.21 B- Business District No No 17.22 RNC -Rural Neighborhood Commercial District No No 17.23 UNC -Urban Neighborhood Commercial District No No 17.24 I- Industrial District YES NO 17.25 RB- Retail Business District No No 17.26 Mobile Home Parks No No 17.27 LI -Light Industrial District No No 17.29 SRO - Single Resident Occupancy Standards No No 17.33 PL- Public Use Lands District NO YES KIBC TITLE 17 - SUMMARY TABLE GRAVEL EXTRACTION ACTIVITIES Page 15 of 15 Appendix page 1 of 1 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by ACTING CHAIR CARVER on October 17, 2007 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present David King X Bud Cassidy, Director Gary Carver X Community Development Dept. Brent Watkins X Sheila Smith, Secretary Bill Kersch X Community Development Dept. Casey Janz X Gary Juenger X Vacant A quorum was established. COMMISSIONER JANZ MOVED TO EXCUSE COMMISSIONER WATKINS and CHAIR KING. The motion was SECONDED by COMMISSIONER KERSCH, and CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER KERSCH, and CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER JANZ MOVED TO APPROVE the minutes as submitted. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED unanimous voice vote. PUBLIC HEARINGS A. Case 08 -008. Request a Variance, according to KIBC 17.66.020, to allow construction of a main residence .73 feet into the required 25 foot front yard setback according to KIBC 17.19.040(A), a variance from KIBC 17.40.020(A)(2) allowing the projection of a roof eave 1.5 feet beyond the allowable 3 foot projection into front yard setback requirements and a variance from KIBC 17.40.020(A)(2) allowing the projection of a roof eave .08 feet beyond the allowable 2 foot projection into side yard setbacks. Cassidy stated this request involves a rebuild of a HUD foreclosed property. The information used from the survey was erroneous, and the applicant is requesting a Variance. The survey information was not done by the applicant, but it was a survey done for an adjacent lot. We are talking inches of encroachment into the side yard setback. We are also talking about the need for October 17, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMIS REGULAR MEETING OCTOBER 17, 2 MINUTES 007 QC I r'i K _ S , .rr , r'E P & Z Commission Meeting Minutes Page 1 of 7 the applicant to properly locate himself on the property before doing development. Staff believes this request does not meet all six criteria to grant a Variance, especially criteria # 1 and #5. COMMISSIONER JANZ MOVED TO GRANT a Variance, according to KIBC 17.66.020, to allow construction of a main residence .73 feet into the required 25 foot front yard setback according to KIBC 17.19.040(A), a variance from KIBC 17.40.020(A)(2) allowing the projection into front yard setback requirements and a variance from KIBC 17.40.020(A)(2) allowing the projection of a roof eave .08 feet beyond the allowable 2 foot projection into side yard setbacks; and to adopt the findings in the staff report dated September 21, 2007, as "Findings of Fact" for case 08 -008. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing open: Jerrol Friend, agent, spoke in support of this request, and stated there are four properties that have the same slope in that area. Two of the houses are in HUD foreclosure due to the way the houses were built. He also said he is at fault for assuming the information he was given was correct, and they have spent a lot of money on engineering trying to design it to make it feasible and correct any problems. Friend was under the impression the property line was in the right place and thought they had at least 1 foot of clearance when he submitted his plans last year. Robert Tucker, Salo's representative while Salo is out of town, stated if you look at the facts and the information from when the project was started and that they stopped to try to get it right, you will see the Variance is needed to continue. Public hearing closed: Regular session open: A discussion of the work already done, survey work, if other homes are having the same problems, and the six criteria. The question was called, and it CARRIED 4 -0. Finding of Facts will be adopted at the next meeting. B) Case 08 -009. Request a conditional use permit, according to KIBC 17.67, in order to allow the multi -phase installation of up to six (6) wind turbines to increase the electrical generating capacity of the Kodiak Electric Association by three to nine megawatts, including related site, electrical distribution and access improvements, pursuant to KIBC 17.13.040.H which allows utility facilities as a conditional use in the C- Conservation zoning district. Cassidy reported the first phase is to construct two 1.5 megawatt turbines that stand 262 feet at the hub, and attached to the hub is a rotor with a diameter of 126 feet. Anticipated construction for the first phase is the summer of 08. Staff recommends approval of this request. COMMISSIONER JANZ MOVED TO GRANT a conditional use permit, according to KIBC 17.67, in order to allow the multi -phase installation of up to six (6) wind turbines to increase the electrical generating capacity of the Kodiak Electric Association by three to nine megawatts, including related site, electrical distribution and access improvements, pursuant to KIBC 17.13.040.H which allows utility facilities as a conditional use in the C- Conservation zoning district, subject to four (4) conditions of approval contained in the staff report dated October 5, 2007; and to adopt the findings contained in that staff report as "Findings of Fact" for this case.. COMMISSIONER KERSCH SECONDED the motion. October 17, 2007 P & Z Commission Meeting Minutes Page 2 of 7 Regular session closed: Public hearing opened: Darren Scott from KEA stated they set a vision statement saying by the year 2020 they would like to have 95% of their power come from cost effective, renewable resources. They're at 80% now with Terror Lake. The Pillar Mountain Wind Project is the 2 step in that. Construction will begin in the summer 08 and installation of the turbines in the summer 09. This will save over 600,000 gallons of fuel a year, which will help in a cost and an environmental standpoint. The overall project cost is about $14.5 million. We have $1 million in grants from the State last year, we have applied for and accepted $7 million in CREB financing through the Federal Government, and we are applying for another $5 million of CREB financing. If that comes through they will have $12 million in almost 0% financing and a $1 million grant for the project. Public hearing closed: Regular session opened: It was brought to their attention that there are 6 conditions of approval instead of 4, and the date of the staff report should be changed to October 17` COMMISSIONER JANZ MOVED TO AMEND the motion to read "subject to six (6) conditions of approval contained in the staff report dated October 17, 2007 ". COMMISSIONER JUENGER SECONDED the motion. CONDITIONS OF APPROVAL 1. At such time as the wind turbine, tower structure and blades require repainting of factory applied coatings, the color of the wind turbine, tower structure and blades will be subdued to blend in with the natural environment surrounding the facilities. 2. Natural vegetation immediately surrounding the facilities will be preserved to the maximum extent possible in order to preserve the visual aesthetics of the area and to minimize soil erosion during and after construction. 3. Should the site be abandoned for any reason including the future advance of energy production technology or development of alternative energy facilities, the site will be cleared of all improvements within two (2) years of abandonment and returned to a natural state. 4. The CUP is approved on the basis of all informational materials submitted by the applicant on September 4, 2007. Should the exterior of the wind turbine facility require modification to accommodate new or different equipment, or the site redeveloped in any way which would substantially alter the visual impact of the facility, the modifications must be reviewed and approved by the Commission, at a public hearing, prior to implementation of the changes. 5. Confirmation must be provided from the Alaska Department of Natural Resources (ADNR) that the development of this site is approved for wind turbine tower placements as proposed in the applicant submittal or, in the alternative, ADNR shall sign the zoning compliance permit for construction to begin in the event that a land use permit to KEA is unreasonably delayed. 6. KEA shall obtain coastal consistency approval through the Alaska Coastal Management Program to address environmental issues that are not within the purview of the KIB to address and to otherwise ensure that inter - agency coordination occurs for all other state and federal regulations. October 17, 2007 P & Z Commission Meeting Minutes Page 3 of 7 FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. Similar communication and utility facilities on Pillar Mountain, have existed for many years, in the area, with minimal conflicts. Conditions of approval to address aesthetic and visual concerns will preserve the value, spirit, character and integrity of the surrounding area. Natural vegetation is required to be maintained around the facility. Colors of structures and equipment may be subdued to blend in with the surrounding natural environment, so long as the Commission determines that this will not be a detriment to public and environmental safety. If the facility is abandoned, the site will be cleared of equipment and structures and returned to a natural state within a reasonable time frame. Any change of technology that would require new or different equipment that would substantially change the visual character of the site or safety characteristics of the operation of the facility must be reviewed and approved by the Commission at public hearing prior to installation. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The conditional use will fulfill all the requirements of the C- Conservation zoning district. The site is above groundwater recharge areas and natural vegetation is required to be preserved to the maximum extent possible. In addition, all required setbacks will be maintained. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. Based on the inter - agency coordination provided by the Alaska Coastal Management Program, this facility will be constructed and maintained in accordance with all applicable federal and state environmental requirements. All construction will meet local zoning and the standards of the Uniform Building and Fire Codes. In addition, the wind turbines will be installed and operated by KEA which will operate these facilities in the public interest with oversight from the local members of the cooperative. 17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The site is well separated by topography and vegetation from residential areas. Approximately 80 acres has been designated for this CUP by survey description. Natural vegetation will be maintained as a condition of approval to preserve, to the extent feasible, the visual continuity of the surrounding area. The question was called on the amended motion, and it CARRIED 4 -0. The question was called on the main motion, and it CARRIED 4 -0. C) Case 07 -026. Request a review of the Draft Kodiak Island Borough Wide comprehensive Plan. Cassidy reported the Comprehensive Plan is a statement of local policies, goals and objectives, a blueprint for orderly land development, it outlines the planning functions authorities and responsibilities of the Borough, it identifies important issues to the community that should be addressed by the Borough decision makers, it describes the existing and expected future conditions in the Borough, provides a basis for decisions by the Planning and Zoning Commission as well as the Assembly and staff, once approved it will be utilized by staff on a day to day basis to make day to day decisions, by the commission for zoning and subdivision October 17, 2007 P & Z Commission Meeting Minutes Page 4 of 7 decisions, by the Assembly when formulating land policy, by private citizens, business and industry when making decisions of where to invest, and the Federal and State Governments in considering grants. It was well worth the long struggle and we are almost there. Regular session closed: Public hearing opened: John Miller, a Chiniak resident, recommends taking off the one acre Rural Residential as a designation of land use on map 4.4 because it's a zoning designation, and leads towards zoning terminology not land use terminology. He also said the map is duplicated in other chapters. Chiniak has been saying to get the map right, they want 2 acre minimum along the road, which was in their last plan, and 5 acre minimum off the road. To make this clear text should be inserted into the document rather than just putting it on the map. The Chiniak community wants it to stay as it is; rural, residential, low density, large lots, allow business to support the residents (like B &B's and lodges but not a Holiday Inn). Some of our community has taken issue with the word Commercial which is on the map. The road to Chiniak won't support much more of what they have. It's like a recreation site but who's planning for the beer bottles. We have to be careful about what we say we are going to be because the State highway won't support it. Do we send it forward tonight or do we clean it up some before we send it to the Assembly? CARVER asked staff if the one, two, and five acre delineations are technically correct as the map is presented. Cassidy stated they are not zoning categories; they are desired levels of development. CARVER stated so they are not in definitions of Rural Residential. Cassidy said no, they are what they would like to have on the road and off the road. He also said Mr. Miller is right about the map needing some things amended, but should you want to approve it tonight, it can be approved subject to those changes. Mr. Miller's changes will be incorporated into the plan. Miller stated he is submitting a letter from his neighbor saying to get rid of the word Commercial. They don't want the word Commercial over the winery because the winery could get rezoned from Conservation to Commercial and then we will have a Holiday Inn at the winery. Since it is land use Residential would be more appropriate than Rural Residential because that makes you think zoning. We just want to keep it residential. Woody Koning, Chiniak resident, stated the further out you get from town the more important these plans are in terms of being the voice and wishes of those who participated from those communities. The further out you get the more important this planning document is in terms of public input for the decisions that Planning and Zoning make, as well as the Assembly. Koning said he participated in the 1987 plan which they didn't have any Borough staff support at that time, and we worked on it for years. We were told we should revisit our plan and refresh it, so we had public meetings where staff explained the process, what the plan was about, and why we should revisit it. Most people stated, "why do we need to change the plan, we like it the way it is." That speaks to the validity of the old plan, and he hopes that could be an added reference since the new plan isn't as deep as the old one. Koning stated the vast majority of Chiniak asked that the plan be kept pretty much the way it is. There is Business at both ends with Residential in between. There are comments and concern about the winery property where it's designated Commercial Rural Residential. It's the Commercial that residents have taken concern with. It is Conservation now and the business there now is a permitted use. We just don't want it to change October 17, 2007 P & Z Commission Meeting Minutes Page 5 of 7 into something that the community doesn't want. We don't have a problem with the winery business as it is, we just don't want it to change to something with a larger impact because we wish the residential character remain. Bob Happ, Chiniak resident, stated he also worked on the Chiniak Plan, and that 1 acre minimum lot size does need to be corrected. He said he lives on one of the lots and it is 3 acres. He couldn't determine whether his lot is Commercial now or not. We should get the map right before sending it to the Assembly. With the paved road we are getting a lot more people out there and we have concerns about the amount of people once the road is paved all the way to Chiniak Public hearing closed: Regular session opened: During discussion, it was determined that there won't be a finished plan until it goes through the Assembly, and the changes already sent to the consultant have probably been made on the web site. Cassidy stated he teleconferences with the consultants every Tuesday to go through edits and changes. Changes can be made until the Assembly adopts it, and they will have at least two readings of the plan. COMMISSIONER JANZ MOVED TO APPROVE the Kodiak Island Comprehensive Plan with pending proposed changes to that plan in order to move it on to the Kodiak Island Borough Assembly where it will be subject to public hearing and approval by that body. COMMISSIONER JUENGER SECONDED the motion. The question was called and it CARRIED 4 -0. OLD BUSINESS There is no old business NEW BUSINESS There is no new business COMMUNICATIONS COMMISSIONER JUENGER MOVED TO ACCEPT communications as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. REPORTS Meeting schedule: • November 14, 2007 work session at 7:30 p.m. in the KIB Conference Room • November 21, 2007 regular meeting at 7:30 p.m. in the Assembly Chambers Minutes of Other Meetings: • July 24, 2007 Parks & Recreation Committee Meeting Minutes • September 25, 2007 Parks & Recreation Committee Meeting Minutes • August 6, 2007 Gravel Task Force • September 10, 2007 Gravel Task Force Meeting Minutes October 17, 2007 P & Z Commission Meeting Minutes Page 6 of 7 COMMISSIONER KERSCH MOVED TO ACCEPT reports as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS John Miller, Chiniak resident, thanked the commission for seeing this through and he thanked the Borough for funding the plan. He advised caution because this plan trumps the Chiniak plan and the village's plans, and the residents of these villages may think the plan they wrote is still their plan, and they may not accept this very easily. COMMISSIONER COMMENTS JANZ thanked our public for coming out and she got an education on the Chiniak property. She feels good about sending the plan on. KERSCH thanked the Miller, Koning, and Happ for their comments because he missed that map. JUENGER thanked staff for their thoughtful development of material for us to consider. CARVER thanked staff, the commission , and the consultants. He feels it is a very good result from a well conducted effort. ADJOURNMENT COMMISSIONER JANZ MOVED TO ADJOURN. COMMISSIONER KERSCH SECONDED the motion, and it CARRIED by unanimous voice vote. ACTING CHAIR CARVER ADJOURNED the regular meeting at 8:50 p.m. ATTEST By: 2AQDt L1r n Sheila Smith, Secretary Community Development Department DATE APPROVED: November 21, 2007 October 17, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION P & Z Commission Meeting Minutes Page 7 of 7 Retaining wall is in right of way — will need to be approved — design has not been completed yet. He noted that there will be a few more notes on this site plan. C1.3- extensively revised — curb inlet and pipe routed to existing structure. J. Friend — on drain upper right hand corner — is that dumping out at existing wall? C. Field — will correct grade line and understand that permission will have to be given for this work. C1.4 - stair and ramp — handrail design to look like handrail at specialty clinic. S. Arndt indicated that that item could be an additive alternate. He questioned the structural drawings for concrete plans on the same sheet. C1.5 — C. Field said there were some miscellaneous changes. Q1.0 - Fire plan — separation plan was sent to the plan reviewer — went back to code sheet — looking at allowable areas for various functions to do non separated uses — using the construction type of the hospital — will communicate with Barbera — didn't think the 2 hour fire wall was necessary. Exiting doors — next sheet — doors are 48 ". A1.2 — did not have hardware sets or specs in the current set [being shown], but will incorporate. He said automatic doors would be in the clinic entrance — have all the info to update the door sheet. Roof plan — will be doing some additional revision on seismic design. S. Arndt said the Borough had been getting away from EPDM roofs and thought that [info] had been given previously. C. Field said that TPO was in the specs but did not think a decision had been made. Note: sla checked Minutes from previous meeting and it appears direction was given to go to TPO and not use EPDM. S. Arndt questioned "tucking" detail. C. Field said that detail would be revised. C. Field went on to review A2.1 - exterior elevations and A3.1 - building sections. \\ dove \Departments\EF\Architectural Review Board\ARB Minutes 2007 \070709 Minutes.doc Page 2 of 7 Re tube columns — C. Field said the connections were easier and cheaper with wide flange columns — the tube details would be revised. S. Thompson said the 2 hr wall removal was based on previous construction. C. Field said he was willing to go with most stringent [requirements], but didn't have to have 2 hr. wall. S. Thompson questioned use of wood, noting the Fire Marshal had disallowed wood in some roof areas. C. Field will do further research. A5.1 - 100% - Interior elevations and casework. S. Thompson to review. A6.1 Operable wall head detail — structural element has not been designed yet. A7.1 - will have all the hardware sets — owe pocket door jam detail. J. Friend asked where pocket doors were going. C. Field — to come. SO.1 Structural - reviewed. S. Arndt said roof is shown at 35 - needs to be 40+ also didn't see anything about being an essential building. C. Field will check. J. Johnston said he thought the 2006 Code was to be used and was seeing only 2003 called out. K. Smith said that the Borough had not adopted the 2006, but the ARB had elected to use 2006. S. Arndt noted his concern on exterior wall — he said 1 1/2" cover on rebar was not acceptable - needed to have a minimum of 2 ". He reviewed the Foundation Plan and said that more detailing was needed on carrying the seismic joint through. C. Field reviewed the roof framing plan and the moment frame elevation, noting there were no surprises. He said the concrete detail had been revised in miscellaneous ways. \\ dove \Departments \EF \Architectural Review Board \ARB Minutes 2007 \070709 Minutes.doc Page 3 of 7 S. Arndt said the height of the wall on the foundation plan was not given and is used for calculations. Plumbing floor plan B. Wieseler said they had made sure there were sensor operated valves — tying into existing — there's enough capacity. S. Arndt noted the outline of drains was supposed to be in 95% drawings. C. Field said they had made sure the overflow roof drains were shown and new sinks had been added. B. Wieseler spoke to the medical gas piping plan — needs cut sheets for dental area from Brenda Friend and will go over gas needs with her. HVAC plan — showed routing to air handling unit — upsized the fan from 60 — 75 horse — rerouted some duct work — added temp sensors for control strategically located. Using air transfer units same as existing. C. Jerling suggested having a sheet that shows locations of dampers for Stan Thompson. Hydronic piping plan — tying in to existing boilers /chillers — design will be off the existing. Upsizing the hot water pumps from 5 — 7.5 and the emergency water treatment system — added a pump for that. Lighting sheet — flickering of lights and effect on exposure — have a cut sheet on what is going to be used — operated at a high frequency — no flickering — intensity of light is something that can cause headaches — 50 foot candles of light, say in an exam room, is the recommended amount. — electronic ballasts offer flicker free lighting — want to mimic natural daylight. S. Thompson — exit lighting will match what is existing. Want to stay with red. C. Jerling — questioned if non powered exit signs had been considered - maintenance free and good for 15 years. W. Koning asked if the circuits hook up to the emergency generator. Yes Power systems plan \\ dove \Departments \EF\Architectural Review Board\ARB Minutes 2007 \070709 Minutes.doc Page 4 of 7 Intercom and code blue — on its own zone — dedicated intercom system — but tied in to existing system. W. Koning asked if it were metered separately. Capt. Ng said he did not think it needed a separate meter. C. Jerling asked if ventilating room was to have a new transformer. Yes. Teledata system — have devices located in all the rooms — showing cabling, testing and labeling of cabling — will be routed back to storage room and terminated on a patch panel — how ever Owner sets up service is something that needs to be discussed or maybe Architect handles that with local phone company. B. Friend said she had spoken with local providers. There are cable TV outlets in some locations. J. Friend said the conference room and clinic need to be separated — other areas can be "daisy chained ". Next — security system — have cameras in the hallway and one facing the conference room — not sure why that was — there's one in the waiting area. B. Friend said there does not need to be a camera looking into the conference room. Security system will be monitored by receptionist — dedicated to the clinic. C. Jerling asked what camera had been specified. B. Wieseler indicated the camera specs were in the spec book. He noted they would be visible and are the same kind as in existence. W. Koning asked if the sprinkler system was to be tied into existing. B. Wieseler - Yes, there is a location we can tap into. The sprinkler system is covered in the specs. There is a one line power diagram — making sure it is not overloaded. C. Jerling asked if the load from a new MRI machine had been calculated. B. Wieseler said it had been included in the calculations. He indicated that the chiller, 2 pumps, air cool were located on another dp panel — might need to be split up so capacity would be sufficient — do not want to mix certain kinds of needs. \\ dove \Departments\EF\Architectural Review Board\ARB Minutes 2007 \070709 Minutes.doc Page 5 of 7 S. Arndt spoke- re excavation. He said underneath the piers on columns drawings show pouring on "undisturbed" — cannot do it that way. He said this needs to be shotrocked underneath. Structural [drawings] show poured on existing grounds — that needs to be revised. He felt the foundation details were lacking. Revision would save problems in the long run with drainage and would make it easier for the contractor. S. Arndt continued saying that most everything presented was legitimately at 95 %, but not the foundation. He requested additional details on the foundation by the 25th when the ARB would be meeting again. W. Koning asked if the work could be done by the following week and emailed to K. Smith's office. K. Smith asked that any changes be marked. C. Field said the changes would be itemized. S. Arndt said the Board would like to have a complete set of drawings before the project goes out to bid. He said a plan review needs to take place. Revisions and plan review need to be accomplished before going to bid. J. Friend said the majority of the plan review had been done. G. Hacker asked about hardware. C. Field said the hardware sheet had been done it just was not in this set of drawings. S. Arndt said he would like to see any specs that were not included in this set. Discussion followed re cost of ramp — canopy — which way to go to get out to bid. W. Koning suggested eliminating the ramp from this set of bid docs and look at the whole area as a change order or as a separate bid project. S. Arndt said it could tie into the parking lot area. W. Koning gave direction not to allow design to affect the schedule. S. Arndt asked where the 95% estimating was. C. Field it would be done at 100 %. S. Arndt - before going out to bid? C. Field — Yes. \ \dove\Departments \EF \Architectural Review Board \ARB Minutes 2007 \070709 Minutes.doc Page 6 of 7 S. Arndt noted that it would be good to have that information as part of the whole package for the Assembly. W. Koning reminded that there is no action to be taken by the Assembly at this point. Code only requires the ARB make a report. H. Public Comments Capt. Ng expressed his appreciation for the level of detailed review the ARB has given to the project. W. Koning advised that the requested legal opinion was in the Manager's Office and would be brought to the Assembly. He noted there were no negotiations going on at this time. I. Board Member Comments R. Oswalt noted that progress was slowly being made. J. Friend suggested walking the pool entrance area and meeting with KEA. S. Arndt said another meeting could be scheduled to do a walkabout of the area. There were no other Board Comments. J. Adjournment The meeting was adjourned at 9:55 pm. Respectfully submitted: Sharon Lea i olfi, Project KIB Engineering/Facilities Dept. S G U��iK� Date: // -• 2 k-.2007 Scott Arndt, Chair Architectural /Engineering Review Board Date: \ \dove\Departments \EF \Architectural Review Board \ARB Minutes 2007 \070709 Minutes.doc Page 7 of 7 Minutes A. Call to Order The meeting was called to order by the Chair at 12:07 pm. B. Roll Call C. Approval of Agenda Architectural/Engineering Review Board Meeting 30 July 2007 — Noon MB Conference Room \\ dove \Departments \EF\Architectural Review Board \ARB Minutes 2007 \070730[2] Minutes.doc Page 1 of 7 ARB Members present were Scott Arndt, Gregg Hacker, Charlie Jerling, Jay Johnston. Absent Members were Jerrol Friend, Reed Oswalt and Brent Watkins. Representing the Hospital were Brenda Friend and Capt. Ng. Chris Lynch was in attendance. Representing the KIB Engineering and Facilities Department were Woody Koning, Ken Smith and Sharon Lea Adinolfi. It was moved and seconded to approve the Agenda. There was a unanimous affirmative voice vote. D. Review 95% Drawings /Specs CHC Project S. Arndt indicated the list of items discussed at the last meeting to be reviewed. Retaining wall design Rebar is in and looks cleaned up — grade line not corrected — Drwg C1.4 — reviews typical curb profile - shows taper — snow removal equip tears up — normally should be squared 90 at top and bottom — detail needs to be changed. EPDM did not go away. J. Johnston said that none of the retaining walls had enough detail to price. S5.1 - footing schedule has changed but they're all supposed to be drawn to 2' — some are drawn to 15" rather than 2' thick. Stem wall at moment frame — did not come up with height of walls. J. Johnston asked if finished grade was on the site plan. S. Arndt noted the area at corner of SE addition — not sure how it's going to be handled. There are grade changes — what is the grade there? J. Johnston — C1.3 — if you have top of wall there, is that enough info? S. Arndt — didn't scale out in drawings — top of wall to top of footings — didn't find it anywhere. Think more detail should be provided. J. Johnston — based on geotech report, the Architect should go through and match. Structural drawings for concrete plan S. Arndt — looked good. Hdwe Specs G. Hacker — was changed to Best Lock — did not see that in the specs. Updated door sheet J. Johnston noted that the details for each door were not listed— still needs some work and the roofing info has not changed from last meeting. S. Arndt said the "tucking" detail had not been corrected. J. Johnston said a real detail is needed — one of its own. He also noted he did not want the windows removed. S. Arndt asked if KS or SLA had received detail on snow stops. No. SA A6.1 — did add. Pocket door detail SA - A7.1 — not found. Essential Building K. Smith showed spec indicating essential building. S. Arndt said the roof load was still listed at 35 - also 2003 Code keeps showing up — were to design to 2006 - need clarification on that. S. Arndt — corrected covering on rebar. \\ dove \Departments\EF\Architectural Review Board\ARB Minutes 2007 \070730[2] Minutes.doc Page 2 of 7 Foundation Plan — detailing on seismic joint S. Arndt - didn't see anything different on Seismic Joint. J. Johnston asked where the seismic section was. Architectural shows roof seismic but not anything else. S5.1 — number 14 — J. Johnston thought the wall connections were still missing. Cut sheets for dental area for medical gas piping plan S. Arndt said they had been added. M3.1, lower left — added detail. Damper locations ?? Check with Curt J. Johnston asked that changes be highlighted. K. Smith agreed. S. Arndt said dates weren't updated. Exit signs —ask about that. W. Koning had questions about handicapped parking — not indicated which are handicapped — in going for variance and going through the parking plan he thought the ball had been dropped on the handicapped part — want to make sure there are enough. They did add the fire hydrant. Capt Ng said he thought 9 and 10 were handicapped as a result of conversation with USDA. W. Koning said he wanted to make sure handicapped stalls were on the plans. He also spoke about the fire wall issue between buildings. S. Thompson found code for 2 hour wall then got changed. A4.1 — 2 hour fire wall is back in. S. Arndt went to C1.1 — remove existing section of guardrail and remove existing curb and gutter — intent to push it back a little bit? Detail on C 1.2A — trying to figure out what is trying to be accomplished. \\ dove \Departments\EF\Architectural Review Board \ARB Minutes 2007 \070730[2] Minutes.doc Page 3 of 7 W. Koning asked why the power pole was being replaced. J. Johnston said just a different base was being put on in order to get more parking area. S. Arndt, with Board's concurrence, called Curt Field at Prochaska to review at 12:55 pm. S. Arndt — page C1.1 — toward Rezanoff. — remove curb and gutter and guardrail — what's happening there — moving toward Rezanoff to create more space? C. Field — had to wait a long time for the survey in that area — the edge of the curb existing is skewed relative to the property line — not expected — to maximize stalls and make the most of that space line needs to be parallel. You can get 3 -4 feet more. S. Arndt —1.0 - Code info, the change in type of bldg. —heard anything more? C. Field — will review — in the 100% - most of comments have been incorporated. S. Arndt — still showing EPDM rather than TPO. C. Field — the names haven't been changed, but have focused on the structural that was important to you. EPDM is now out of the list. The detailing is the same — just a name change. S. Arndt — new detail for the "tucking "? C. Field — I've drawn it. S. Arndt — we don't have anything in the plans. C. Field - we've addressed it. J. Johnston to S Arndt — were details on the snow stops emailed to Ken or SL? C. Field — on the roof plans — going forward — didn't put it in the submittal — the south slope has a layout — the snow guard system — snowjax — has a technique by which you can layout the whole system — the new plans show not only the CHC roof but the whole south side of the hospital — wasn't in what was sent you — worked on the structural issues. Want to be responsive — will definitely do what is requested it. He indicated he had hoped to have approved [95 %] with the condition that requested work would be done. J. Johnston — as long as it gets done. C. Field — I can send a small sheet to you — to help develop trust — I can send roof plan sheet and... \\ dove \Departments \EF\Architectural Review Board\ARB Minutes 2007 \070730[2] Minutes.doc Page 4 of 7 S. Arndt — also — dates didn't change on these drawings — was hard to identify without laying out together. C. Field — do our best to find all the undotted eyes — then use addendums after bids go out. S. Arndt — don't want to go out with an incomplete set of plans. Snowguards — we wanted to take a look at possibilities. C. Field — go to www.snowjax. S. Arndt — S0.2 — still mentioning 2003 — rather than 2006 — and the roof still shows 35 — wondering if that's going to be corrected — design to 2006 and getting to 40? S5.1 — detail section 13 and 14 and 10 — the scale on the footing pier comes out at 2 foot on details 8 and 6 — they're not drawn to scale. C. Field — they may think it can sit at that. S. Arndt — still showing a 3 foot minimum from the finished grade to the bottom of footing — doesn't show the ht of the concrete wall — have conflicting measurements. C. Field — the civil folks have straightened out the grade. S. Arndt— what's the height of the wall? C. Field - think that's because the soils report is to be the reference for the contractor. S. Arndt — typically they go off the plans. C. Field —the SE doesn't delve into this — goes to soils report. S. Arndt — we'll discuss this more among ourselves. Change orders often are generated because of lack of detail. S. Arndt - Hardware specs — we didn't have those. C. Field — we focused on the more important deficiencies. S. Arndt — operable wall head details look good — still don't have detail on the pocket door jam. C. Field — it's on my list. Exit signs — powered vs non powered \\ dove \Departments \EF\Architectural Review Board\ARB Minutes 2007 \070730[2] Minutes.doc Page 5 of 7 C. Field said Brian has spent a lot of time with Stan Thompson and will have all that kind of information. S. Arndt said there were no further questions at this time. There will be another meeting tomorrow night to hopefully conclude the review. S. Arndt said that the ARB, as a Board, will make a report to the Assembly once the 95% has been acted on C. Field questioned the timing of Assembly meetings. W. Koning said the approval of the 95% drawings could be done as a Committee Report. C. Field noted that some of the finishing touches that would keep the bid dots from going out would be the USDA specs — they'll compel some things in the front end — we don't have that yet — doesn't have the time — haven't done anything except on the site structural — the USDA acceptance may take a little longer — would be nice to know the 95% had cleared ARB hurdle W. Koning questioned the timeline on getting the docs ready for the street. C. Field — 8/2 optimistically — but if USDA delays us... W. Koning asked if 100% could be to E/F by the 2nd and those could go to the Plan Review. C. Field — we were giving USDA some time to peruse W. Koning requested getting the 100% to USDA as soon as possible and to the Projects Office for a final look before going to print. S. Arndt thanked C. Field for the presentation and W. Koning requested changes be highlighted. Continued discussion among Members. S. Arndt said he was surprised there's a step in the foundation that does not show up on plan — noting that both he and J. Friend had brought up concern re pouring on undisturbed... G. Hacker said that the owner /contractor should know exactly... J. Johnston said he felt they were just not doing the work. \\ dove \Departments \EF \Architectural Review Board\ARB Minutes 2007 \070730[2] Minutes.doc Page 6 of 7 There was discussion re the process — asking the same questions at 35% as now. ARB needs to be able to track the questions [and answers]. It was suggested that the "process' be cleaned up so as not to waste time. Capt. Ng asked the Board what they felt the key issues were. S. Arndt said the foundation was one — excavation. With the Board's concurrence, the meeting was recessed at 1:42 pm. \\ dove \Departments\EF\Architectural Review Board \ARB Minutes 2007 \070730[2] Minutes.doc Page 7 of 7 A. Call to Order The meeting was called to order by the Chair at 5:37 pm B. Roll Call C. Approval of Agenda Minutes Architectural /Engineering Review Board Me 31 July 2007 — 5:30 pm KIB Conference Room D. Continued Review of 95% Drawings /Specs CHC Project ARB Members present were Scott Arndt, Jerrol Friend, Gregg Hacker, Charlie Jerling, Jay Johnston, Reed Oswalt and Brent Watkins. Representing the Hospital were Brenda Friend and Capt. Ng. Jae Shin from ECl/Hyer, Terry Hyer telephonically. Also present were Ian Fulp, Chris Lynch, Jim Willis and Joe Balor. Representing the KIB Engineering and Facilities Department were Woody Koning, Ken Smith and Sharon Lea Adinolfi. There was a motion made and seconded to approve the Agenda with a unanimous affirmative voice vote K. Smith read an updated letter from Curt Field of Prochaska regarding the Foundation section of the Drawings. Cy attached. He also noted that changes to drawings for Snow Jax had been sent and were available. Included in the Board Members' package were Curt Field's responses to questions raised by the ARB during the 30 July 2007 meeting. S. Arndt said he wanted to wait for the Foundation details before approving the 95 %. K. Smith he thought the Board could approve [the 95 %] based on written notice that the Architect would do what was being requested by the Board. Jay felt the 95% could be approved with the condition that there may be addendums — could approve and still be able to flag items — why stop the approval for a couple of issues? R. Oswalt said he would like to see the Drawings completed before giving approval and he asked K. Smith if it would take long to get the completed drawings. K. Smith responded saying it should be only a short time. J. Friend asked if it would be OK to go out to bid, noting at approval of 95% there was still some work to be done. K. Smith said they [Prochaska] would be making the changes and would put out a bid set for review by E/F and get it advertised, indicating bid documents would be available on a certain date. \ \dove\Departments\EF \Architectural Review Board\ARB Minutes 2007 \070731 Minutes.doc Page 1 of 7 J. Friend suggested moving ahead, noting there were only a couple of issues and addendums weren't that big a deal. S. Arndt expressed his concern about certain things not being addressed by this point. The issue regarding undisturbed fill had been questioned twice and was still not corrected. Brand name of wall next to Rezanoff had not been researched so that a good match could be made. However, as Chair, he would entertain a motion for approval. Jay moved to approve 95% Pool Drawings with the caveat that the final verbiage on the Foundation be reviewed before going out to bid. J. Friend seconded the motion. Discussion: Jay asked Capt. Ng about the amount of pressure there was to move. Capt. Ng said the biggest concern was that construction get started. He said he had spoken with Prochaska regarding responding to the Foundation questions and was certain that they would provide what was requested. He said he had no concern about the deliverables. W. Koning suggested moving forward with the approval of 95 %. He said the process did not need to be slowed down and, assuming all concerns were not met in the bid set, addendums could be done. S. Arndt questioned if the motion was that the bid set would not go out until ARB reviewed. W. Koning said he was suggesting getting the bid set ready to go, advertising and noting bid sets would be available on a particular date. R. Oswalt commented on the foundation not having been designed first. J. Friend said that architects now actually start at the top [of a building in order] to figure loads — so the foundation is often the last thing to be designed. B. Watkins felt it would not hurt to get the bid sets out — noting there may be changes coming. W. Koning questioned the role as to who determines when something goes out to bid. The ARB will report to the Assembly the 95% approval was made. The Assembly does not need to act for a bid to go out. He continued saying he felt it was a staff function. However, clean drawings are necessary and would not want something to go out that did not meet with the ARB's approval. He suggested directing Prochaska to keep working to develop a bid set. The revised work could be communicated on the new SharePoint site — that way Members could review the foundation changes, roofing changes, etc. The bid package could be advertised on Monday - say Thursday the bid sets would be available, and that way the contractors were being alerted. S. Arndt said he would support Jay's motion but would not approve if there were no conditions. Jay said the missing information could be available shortly and using SharePoint would allow for review — did not think time was going to be lost. \\ dove \Departments \EF\Architectural Review Board \ARB Minutes 2007 \070731 Minutes.doc Page 2 of 7 J. Friend said that once the ARB approves the 95% it then it becomes staffs job to get the bid out. Question called. Roll call vote. Unanimous affirmative vote. E. Review 95% Drawings /Specs Pool K Smith expressed his appreciation for the time and effort the Board puts forth. He turned the meeting over to Jae Shin who got Terry Hyer on the teleconference line. J. Shin began the presentation by saying he would be highlighting the differences [in the drawings] between Design Development and the 95% drawings, noting they were continuing to change. Site: - Redoing driveway at Mill Bay Road — this will be additive alternate 1 — there will be extensive demo — have kept the same opening but have swung the road wider minimizing curb cut. One of the other changes — storm drain was connected to one location and H. Weston requested connection at intersection of Upper and Lower Mill Bay Roads— issue was that the original manhole area isn't actually connected to anything. He said the City had limited as -built info. W. Koning questioned if the best approach was closest. J. Shin — Yes. C. Lynch asked if the retaining wall was going to be rebuilt. J. Shin — No. Jay asked if the location was in the middle of Mill Bay. J. Shin — Yes. G. Hacker — C3.1 lower section driveway near Maintenance Shop — storm drain — is that supposed to be running parallel to the new sewer — don't know if there's a storm drain in there — it flares 45 across the road. S. Arndt said more research needed to be done and confirmed. J. Shin said they had worked from an electronic survey from KIB. S. Arndt said the survey was incorrect. Jay asked why it couldn't come off the parking lot instead of going across Mill Bay. J. Shin to check. \\ dove \Departments \EF\Architectural Review Board \ARB Minutes 2007 \070731 Minutes.doc Page 3 of 7 S. Arndt refers to C2.1 — saying that the contractors will need to know where the manholes are and the underground utilities. J. Shin and G. Hacker to check the area. G. Hacker suggested an upgrade and getting away from the Mill Bay connection. J. Shin continued review of the Site indicating islands that have been taken away — wheel stops went away and planters went away. Gates put in for pedestrians and for equipment. S. Arndt questioned glycol line - 4 or 6 and it shows a 2 1/2" cover — 3" is standard. Tuck questioned size of pipe. S. Arndt requested reconsideration of the depth and the amount of foam over the pipe. S. Arndt refers to area on C4.1 — believes the estimate is under what it will take to do what is being proposed — and is not necessary. He said that regular shot rock - 1 to 1 would work. C. Lynch noted that shot rock is cleaner and suggested asking DOWL about the angle - want to make sure about what you're getting. S. Arndt refers to handicapped parking — could they be moved to another area where snow removal equipment would cause less damage? J. Shin said current location has a bit of a canopy so from a wheelchair you can get immediately to a covered area— the curb could be capped [to prevent equipment damage] — or if there's a directive to move the handicapped spaces that could be done. J. Friend said the spaces would have to meet ADA requirements. J. Shin continued noting the replacement of gabion — as an additive alternate — additional asphalt paving to Maintenance Shop. S. Arndt noted the steps going into the loading dock — 3.1 — there's an elevation difference — could do a gradual slope — that would allow for additional parking. He asked Jae and Gregg to take a look at that area — would eliminate some of the concrete work. G. Hacker referred to the existing fire protection details - same sheet. He suggested adding a fire hydrant. He suggested Jae speak with the Fire Chief. S. Arndt agreed and added that with a new water line going in it would be much cheaper to do it now rather than later. There was discussion regarding tying the new asphalt into the KMS playground and location of a transformer. J. Shin to have further discussion with KEA. Tuck noted that there must be storage for sand. G. Hacker to walk the area with Jae tomorrow — back of maintenance shop is a "choke point ". \ \dove\Departments\EF \Architectural Review Board \ARB Minutes 2007 \070731 Minutes.doc Page 4 of 7 J. Shin mentioned a quoted price from KEA to relocate a pole. S. Arndt and J. Friend both felt the cost was high. G. Hacker asked about the rolling security gate. J. Shin said the fence had been reduced to chain link — and had been moved a couple of feet. C. Lynch asked if there would be any conflict with the Armory and their construction project. W. Koning said he knew there had been a discussion regarding sharing some paving. J. Shin said that it is now crucial to know what the NG foot print is, information re utilities. Jay asked the status of the lease and the Armory property. W. Koning said the KIB attorney was reviewing the lease, also DNR and the Department of Military Affairs. The parties are "inching" toward resolution — it is not in hand, but no one is opposed. Jay asked if there was any likelihood there would be an impact. W. Koning said based on information from Bud [Cassidy] there would be no impact. J. Shin moved to Sheet L1.0 — reduced landscape island and the fencing had been changed. S. Arndt directed attention to the landscaping at the bottom of the sheet and at the right side — needs to be removed along with the topsoil on the right, citing expense and maintainability. He suggested using shot rock as an option. J. Shin said that using the topsoil and the landscaping not only would look nice, but would allow for stability of the slope. However, anticipating this concern, the landscaping had been removed. S. Arndt referred to L2.0 — the 6x6 posts — said it was a labor intensive fence - vinyl coated chain link fence would be cheaper. Tuck said he was worried about the wood posts. S. Arndt said to go to 10' center and straight chain link fence. He continued, referring to the benches — do not want them embedded — said they need to be concrete and moveable to allow for snow removal — does not want to see anything embedded. S. Arndt — L1.0 — benches — total of 3 — on L2.0 shows fixed — thinks they need to be concrete and movable for snow removal purposes — not embedded. Jay questioned the ease of moving the benches with a forklift. J. Friend noted that options are limited if something happens to a fixed bench. S. Arndt said that perhaps the benches could be moved near the handicapped area — and then back into place in the summer. \\ dove \Departments \EF \Architectural Review Board \ARB Minutes 2007 \070731 Minutes.doc Page 5 of 7 J. Shin reviewed wood bench design which was spanned between columns - not embedded. S. Arndt said that bike racks also need to be moveable. Discussion regarding use of concrete — will not work in large areas where equipment passes over — perhaps use asphalt. C. Lynch noted that the aggregate in this area is soft and not durable. Suggested aggregate could be used in smaller areas and closer to the building — out of the way. She noted that sandbed pavers have held up and could be used in some places. She also mentioned colored concrete working well. J. Friend liked the idea of some color — and pattern — stamped concrete. J. Shin said he would look into these suggestions and noted there needs to be a balance between aesthetics, practicality and functionality. J. Shin, referring to "embedded" fixtures said that the trash receptacles would be made replaceable and suggested bolting them to columns. J. Shin moved to the floorplan noting some changes in window placement. A lengthy discussion ensued regarding the design of the shallow pool area. Issues discussed — design to be reworked for review. Switchback ramp for wheelchair use Toddler area to be enlarged Depth at one end reduced from 4' to 3 1/2' Entry steps possibly at locker room entry — although could cause congestion Seat wall at water line Ramp instead of stairs Rails /grated ramp It was noted that if there is change in the configuration of this area, it could be handled through addendum. Break J. Shin continued: Additional showers have been added — private shower to stay. Case work has been added in admin area — added the greeting window and the PA system will be located in there. There was discussion re the acoustics and location of speakers. Jay to review. J. Shin reviewed floor coverings — shows shoe racks. C. Lynch asked if there was interest in looking at other tiles as an additive alternate. Speaking about the shower area where there can be a maintenance problem. She suggested this might be an area for some value engineering. \\ dove \Departments \EF \Architectural Review Board \ARB Minutes 2007 \070731 Minutes.doc Page 6 of 7 Tuck suggested using epoxy floors in the shower, locker rooms — and putting the regular tile in the natatorium — maybe an add alt. J. Shin continued showing the layout of the lockers — a combination of short, tall and open cubbies. S. Arndt suggested eliminating windows in men's locker rooms. The consensus of the Board was to keep the windows. The meeting was recessed at 8:57 pm to be reconvened at 5:30 pm 1 August 2007. \\ dove \Departments\EF\Architectural Review Board \ARB Minutes 2007 \070731 Minutes.doc Page 7 of 7 A. Call to Order The meeting was reconvened by the Chair at 5:48 pm B. Roll Call Minutes Architectural/Engineering Review Board Meeting 1 August 2007 — 5:30 pm MB Conference Room ARB Members present were Scott Arndt, Brent Watkins, Gregg Hacker, Jay Johnston, and Reed Oswalt. Representing the School District was Bob Tucker. Also present were Ian Fulp, Chris Lynch and Jim Willis, Jae Shin from ECl/Hyer and Terry Hyer telephonically. Representing the MB Engineering and Facilities Department were Woody Koning, Ken Smith and Sharon Lea Adinolfi. C. Continued Review 95% Drawings /Specs Pool J. Shin recapped material covered during the previous meeting. He said there had been time spent discussing the shallow pool and would take the suggestions — reconfigure and forward changes. He continued, highlighting differences between design development and 95% - eliminated column line to make snow removal easier. Lower floor level surge tank located near pump equip area — allows for future fixtures and easier to do maintenance — hatch w /ladder access. Minor changes within plenum supplying air to natatorium using to distribute air around perimeter of building — vent and heat along the bleachers - allows for varying temperature. Jay questioned pressure and impact on doors. J. Shin responded low pressure. Shows door location at loading area. Double set of doors is for bringing pallets into pool equip room. Crawl space — steel joists — stairs allow for easy access. S. Arndt indicated most of foundation is at lower level — digging out for foundation is dug out and backfilled — makes more sense to remove material in that space and then put it back — needs to be looked at — it's cheap space that could be recovered — ground needs to be taken out. He said it would be more expensive to take out after the fact. S. Arndt goes to A2.1 — lower left area — deck — could be eliminated and would save money. J. Shin said the deck is a good place to unload equip and store kayaks. Terry Hyer joined the meeting telephonically at 6:05. S. Arndt said the deck is not necessary and could be an alternate. Tuck noted the deck was not just for kayaks, but also salt sacks, scuba gear — there was more to it than just kayak loading. \\ dove \Departments \EF \Architectural Review Board\ARB Minutes 2007 \070801 Minutes.doc Page 1 of 7 S. Arndt said his concern was cost. J. Shin said the additional cost was fairly minimal S. Arndt suggested using shot rock as staging area and doing something different later. J. Shin asked if the deck could be considered as an alternate. Yes. W. Koning questioned intent of staging area. Tuck said there were those [during design development] who wanted that staging area — now if kayaks are going to be put on the sidewalk that will interfere with pedestrians. Will need it [the staging area] for 6000 lbs of salt to charge the pool. Tuck, referring to J. Shin's comment about being able to offer some areas for savings, asked if this was one of them. J. Shin said it was not, but would look at. He mentioned retaining wall going back to gabion [as an example] of saving money — would recommend that as an add alt or deductive. Jay questioned the distinction between and additive and a deductive. T. Hyer said that it had been his experience that the owner is better off with an additive alternate, but in this case, doing the additive would take longer because of all of the drawings being done. At 65% he would suggest additive, but not at 95 %. K. Smith added his concurrence and noted at this stage of design it would be better to deduct. C. Jerling said if you prepare for a deck but don't actually have a deck, an operational problem will be created— there will always be raveling with shot rock. B. Watkins said he saw it as a valuable space, but if it were a real cost... Tuck said he couldn't see a savings if the space was going to have to be filled up with rock — end up with not much space and then it will slough off. I. Fulp noted that shot rock accumulates dirt, spruce needles fall on it and gets tracked in to pool - hard to clean it off. J. Shin said it did have value and could be put in [bid docs] as a deductive. W. Koning said he would like to see a selection of deductive alternates. J. Shin continued highlighting window changes on outside of Bldg. A.4 — vertical windows work out better structurally. S. Arndt questioned location of siding and flashing details. J. Shin said they had been developed. He reviewed window head detail — using shower glass because the other kinds of glass do not have the hardware that will take the elements — the shower doors are easy to maintain — hinged on one side and use suction cup to close — want to keep magnetization down to a minimum and they are cleanest in terms of the interior view — tempered glass. He continued with a review of window jam material. \\ dove \Departments\EF\Architectural Review Board\ARB Minutes 2007 \070801 Minutes.doc Page 2 of 7 B. Watkins questioned fasteners for the wall panels. J. Shin described the kind of fasteners to be used — stainless steel - and discussed the efficiency of use of the wall panels. W. Koning asked if epoxy would be field applied. J. Shin said the panels will be factory finished and the epoxy will be applied in the field. J. Shin moved to metal decking — suggesting Verco as the manufacturer — sound absorption insulation — and will be epoxy finished. C. Jerling questioned paint specs in general — water based paints? J. Shin — Yes. W. Koning asked if structural members in the ceiling would be a different color. J. Shin said everything will be the same color. The light color adds to the efficiency of the lights — lots of reflection. J. Shin proceeded to exterior elevation. S. Arndt went to the "monolith" in front of lobby stairs — easier to extend the foundation — then the crawl space would be more like a daylight basement and would reduce amount of fill and reduce the retaining wall. He continued - by digging out this space and putting the stairs inside the building, slips and falls from wet/icy weather could be avoided. T. Hyer said if there is an interior stair — have we added to our operations? Given budget why don't we eliminate? He asked if there were any concerns of management with folks entering lower level. K. Smith reminded that the National Guard wants a direct path. Tuck said that he would not want kids going up that gravel path in the winter. He would be in favor of putting the stairs inside but not deleting them. Continued discussion on stairs and exiting. B. Watkins agreed with having the stairs inside. Consensus was that the lobby space was sufficient. Door would need to be deleted in lobby area with stairs inside. J. Shin said by moving the staircase into that space, cost will be added — but the safety concerns may override. T. Hyer suggested discussion regarding walking up the exterior gravel ramp. He noted that given a budget crunch, eliminating that ramp would save money. Tuck said there needs to be a way to get the kids and Armory folks up [to the building]. C. Jerling suggested leaving the stairs where they were and enclosing them. G. Hacker suggested putting in a grated stairwell down the side — galvanized. \\ dove \Departments \EF\Architectural Review Board \ARB Minutes 2007 \070801 Minutes.doc Page 3 of 7 Tuck said the more airspace under the stairway the less amount of snow buildup there will be. Discussion re galvanized stairwell. Jay suggested using metal or fiberglass — leave it on the outside and eliminate the concrete. S. Arndt requested the architect come up with alternatives. J. Shin indicated that if stairwell is left where it is and if it is longer than 12', will need to do a landing to get down the last few steps. S. Arndt suggested eliminating staircase by the garage door. J. Shin noted that the accuracy of the survey needed to be verified and also would like to look again at relocating the transformer. S. Arndt and G. Hacker reviewed retaining wall and gabion area. Discussed rail along stairway - carrying it along retaining wall - need to have a fence — see 4.2. J. Shin suggested putting a screening fence there. G. Hacker thought it would be cheaper than the guardrail. S. Arndt noted his concern with the gabions being a climbing hazard. He continued review of 4.2 indicating the patterned concrete should be eliminated. C. Jerling said he felt for a $60k savings - a solution could be found. S. Arndt said he continued to have a problem with fencing and gabion causing a hazard. He went on — felt the estimate for concrete was 'off. He said there were no test holes shown — felt this area needed to be tightened up. Discussion continued re the approximate qty of concrete — about 20 cy and estimated cost - $1000 /yd. T. Hyer thought the gabions were to be an add alt — asked if they should now be considered as a deductive. Consensus was to look at it as a deductive alternate. S. Arndt said he felt the guardrails needed to go away and a regular galvanized slatted chain link fence should be installed. J. Shin continued review of changes [from 65 %] — changed from EPDM to PVC on the roof, change in wall panels and aluminum siding [v. steel - addition of about $8000]. R. Oswalt asked if the siding allowed for expansion/contraction. J. Shin — Yes. T. Hyer noted that aluminum is usually preferred over steel — but is more costly. S. Arndt asked if this were a 40 -50 year material. J. Shin said it would last that long and if needed, could be repainted. Equipment \\ dove \Departments \EF \Architectural Review Board \ARB Minutes 2007 \070801 Minutes.doc Page 4 of 7 Jay recalled that the contractor would do the roughing in for a scoreboard and then the hope was to purchase through community efforts or grants. He thought it was to be listed as an add alt. Jay also noted for the timing system that he was very impressed with the Colorado system. Their support was good and although he did not wish to get proprietary, he felt it was the best system. J. Shin said the base bid does include roughing in - specifying proper specs for wiring, etc. He questioned Jay about the touch pads — all connected to the wall for timing system and starter. Jay said he thought the two locations designed were fine. Timers and starters need to be in line with the starting blocks. J. Shin expressed concerned about cable across req'd door. He said he could take a look at putting it on the deck — and would like a connection at both sides. Jay — more system discussion — looked at the grounding system — shows the diving board but not the starting blocks — pace blocks — one says we get one and the other says two — we need two — need one on each end and visible. J. Shin — will delete them but have the plug ins. Jay — where are the backstroke flags - they have to be on the coach's lane. He also questioned enforcement of environmental requirements. He asked if the pool cleaner robot should be left out of the spec and let the KIB purchase later. J. Shin said that pretty much everything that was loose would be owner purchased. He also noted a change in locker material - plastic instead of metal. Both Jay and S. Arndt said the mil of the PVC needed to be 60. J. Shin went on with the review - mechanical and electrical have not changed. G. Hacker - M6.1 — need to include low point drain on the hot water heaters and holding tanks. E1.1 — sheet note 5 — already taken care of. E3.2 — on exterior gfi outlets would like switch inside the building as close as possible. J.Shin — will put in two switches. G. Hacker — 15140 -7 domestic hot water pumps on drawings are matching up with 2.15 — delete 2.13 and 2.14 — stick with Grundfo. 151602.7 roof drains — only see one size —but see 8" and 16" T. Hyer — should be 8" but will check. G. Hacker continued - 15900 scope of work 1.3C2E — controls mfg — not sure what intention is. 1.3C2F — talks about reusing existing ....override panel — refers to ASD, Anchorage and 1.3C5 has us connecting to some alarm office — want it to communicate with host system at the maintenance shop. 1.3D1 and 2— re providing local support — there is no vendor who can provide that locally — also calling out 4 hour response time to the site — that will not happen here. 15900 pg 12 — 3.9 item 1 standby generator — do not see generator on the drawings. J. Shin — requested red marked drawings to be faxed — for expediency. \\ dove \Departments \EF\Architectural Review Board \ARB Minutes 2007 \070801 Minutes.doc Page 5 of 7 G. Hacker — 15940 — wanted to see whole new section — need proper control system for pool. He also questioned what was requested for a security system — what is shown appears to be boilerplate — would like to see a complete spec. W. Koning felt this was a good situation for the Share Point — notes could be sent to Gregg to review — notes can be made — ballooned and all can review. S. Arndt — A4.1 - louvers on elevation should have hoods. Tuck agreed and indicated that maintenance had problems with aluminum — and now spec stainless. S. Arndt - on same drawing — south elevation lobby entrance — asked if the glass above the canopy could be siding instead [to save money]. The glass is expensive to replace. Consensus — replace glass with siding. A4.2 east elevation S. Arndt suggested getting rid of windows in boy's locker room — presents another penetration and will need to be cleaned. J. Shin felt it was important to have the light. B. Watkins and Jay said they felt it was important to keep the windows. S. Arndt expressed concern with missing details. He said he had anticipated more complete 95% drawings and specs — wanted to see updated plans. In particular, he was looking for rebar placement in the concrete, siding connections, flashing details, window details. Also, he would like the Board to see the Bid Documents before they went out. S. Arndt noted in the general notes — 2003 Code was referenced and thought direction had been give to use 2006. S. Arndt continued - on the concrete have a 3k psi max — except decks and slabs - not in favor of that — all slab work should be 4500 - all walls should be 4k minimum. Concrete covers — exposed we go to 2 ", but not an inch other places. Section 13150 — swimming pool — looking for more detail. Item 13 — construct cast in place or pneumatically applied — we scratched that. Jay said he thought that had been left as an option. Jay asked how to proceed from here. S. Arndt suggested the Board continue working through drawings. W. Koning questioned Section 01350 — environmental. Jay asked if it were enforceable. T. Hyer noted that it was a relatively new section. It is an effort to raise the level of environmental concerns — such as air quality. Enforcement is a good question — will look at it in more detail —there is merit. Tuck agreed that it should be looked at. \\ dove \Departments\EF\Architectural Review Board \ARB Minutes 2007 \070801 Minutes.doc Page 6 of 7 W. Koning requested that T. Hyer /J. Shin look closely at the general requirements section to avoid any conflicts with KIB docs. D. Public Comments None E. Board Member Comments None F. Adjournment The meeting was adjourned at 9:55 pm. Respectfully submitted: Sharon Lea A 1, Project Assistant KIB Engineering/Facilities Dept. Scott Arndt, Chair Architectural /Engineering Review Board Date: //- A r --.2 00, \ \dove\Departments\EF \Architectural Review Board\ARB Minutes 2007 \070801 Minutes.doc Page7of7 A. Call to Order The meeting was convened by the Chair at 5:30 pm. B. Roll Call Environmental Specs Minutes Architectural/Engineering Review Board Meetin 5 September 2007 — 5:30 pm KIB Conference Room J. Shin suggested going through the list of comments. ARB Members present were Scott Arndt, Jerrol Friend, Gregg Hacker, Charlie Jerling, Jay Johnston, Reed Oswalt and Brent Watkins. Present from ECl/Hyer were Terry Hyer [telephonically] and Jae Shin. Ken Smith, Woody Koning and Sharon Lea Adinolfi, E/F Department, were present. C. Approval of Agenda It was moved and seconded the Agenda be approved. There was a unanimous affirmative voice vote. D. Approval of Minutes Minutes from 9, 30 and 31 July 2007 were distributed for review, to be corrected/approved at next meeting. E. Review of 95% Bid Ready Documents for New Pool T. Hyer said that most changes had been resolved, specs were complete and this review was an opportunity to respond to any lingering or outstanding issues. T. Hyer indicated that these were more recommendations rather than mandates - would be good to leave in 1230 and 1350. Issue raised regarding designing to 2003 Code. A review of past ARB Minutes revealed that designing to the 2006 Code was Board consensus. T. Hyer and J. Shin had not seen that as direction and T. Hyer's position was that it was not "the law of the land ". Item regarding storm drain had been addressed. Discussion regarding drop in parking lot down to road - from 15 in down to 12 in at the street. S. Arndt indicated that there was erosion that goes on toward Powell. Water comes off the playground and eats gravel away. G. Hacker suggested a catch basin or a curb to carry the water down to the street. Discussion ensued regarding additional design time [read additional cost], making this a separate project from the pool. There was concern if this drainage issue was not resolved as the pool is constructed and NG is doing its paving, it would not get done. W. Koning said he did not want to see this attached to the pool, possibly slowing the process down and costing more money, but would suggest making it a priority and bringing to the Assembly. Item no 20 — cleaned up — J. Shin reviewed drawing. Gabion will become a deduct alt. S. Arndt expressed his adversity to gabions and asked about wall blocks. T. Hyer said wall blocks would not save. Item 30 has been addressed. Item 36 has been addressed. Item 37 - benches are between columns on the building —not embedded. There will be premanufactured wall mounted trash cans. Item 40 - everything changed to chain link. T. Hyer reminded there was a 1% for art. T. Hyer suggested picking a site - such as the fence area - and having artists design something S. Arndt said that chain link will eventually rust and suggested green vinyl coated fencing. Jay suggested green vinyl coated 1 x 1. It was noted that stamped concrete wears worse than aggregate. J. Shin suggested simple concrete cubes in the large space - moveable. G. Hacker suggested artwork - sculpture instead of concrete blocks. J. shin went on to review the reconfigured shallow area of the pool. W. Koning said the deed issue still needed to be addressed. He noted that there would need to be approval because of the increased square footage. Item 105 — alarm system is required. W. Koning questioned the use of aluminum panels for siding - asking it that material was recommended for a salt environment? J. Shin explained the Duragard Plus Coating system. S. Arndt questioned the allowance for drainage under the pool. J. Shin said there are footing drains around the building — also have drains throughout the mechanical space and a catch basin. G. Hacker asked if there were a way to get ground water out of the basin. J. Shin said he would look at that, although he thought that it had been accounted for. R. Oswalt felt there should be a drain pipe. T. Hyer and J. Shi to check. G. Hacker said there is an automatic relief valve underneath the pool — do not want groundwater coming up through that vent. Jay asked if there were other suppliers besides Centria, noting they were always the most expensive. J. Shin said Centria offers a clip that is integrated — any other system you have to put in channels to bring it out. K. Smith asks clarification of section in mechanical room - shows 7 ft to centerline and is supposed to have 7 ft clear. C. Jerling questioned why variable speed drives are 16 and not 15 and then under 164895 shows motor servers go to 15915 — you go to variable speed drive - at 3.5 spells out correct horsepower requirement. Discussion regarding dates for RFP. It was noted that once the new pool is ready to accept UV /Saline systems, the old pool will have to be shut down. G. Hacker noted that shipping and receiving cannot be shut down for 60 days and will need to have fire lane access to KMS and back of HS gym. He said access needed to be maintained. He said coordination issues will be important. He continued regarding the fence construction - need to flip so locks are on top - sharp ends need to go down - this is opposite of what is shown on drawings. Top rails on fencing are called out in the specs but not shown on drawings. G. Hacker moved to approve the specs /drawings as corrected. R. Oswalt seoncded the motion. There was a unanimous roll call vote. J. Shin thanked the Board for all the time spent and hoped the Board appreciated the time spent by the architects. E. Public Comments None F. Board Comments R. Oswalt said it was good to see responses to issues raised by the Board. Jay said it was a good project and that he appreciated ECl/Hyer work on the finishing punchlists. C. Jerling expressed some concern regarding the winter building period. G. Hacker - None B. Watkins thanked the architects for their work and said he was glad to see the RFP ready to be put out. W. Koning passed out copies of a confidential legal opinion regarding ARB's ability to change a recommendation of a proposer to an RFP. Instructions given by the Clerk's Office required the copies be returned after having been read and that there would be no discussion regarding the opinion. G. Adjournment There being no further business to come before the meeting, R. Oswalt moved to adjourn. B. Watkins seconded the motion and there was a unanimous affirmative voice vote. The meeting was adjourned at 10:05 pm. Respectfully submitted: # _ Sharon Lea Adinol i oject Assistant KIB Engineering/Facilities Dept. Date: // -.? e -.2 Scott Arndt, Chair Architectural/Engineering Review Board Date: