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2009-01-22 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, January 22, 2009, 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 — None 6. AWARDS AND PRESENTATIONS A. Student of the Month B. Employee of the Quarter 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS A. U.S. Army Corp of Engineers Update 9. PUBLIC HEARING — None 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. Contracts 1. Contract No. FY2009 -11 Collective Bargaining Agreement With the International Brotherhood of Electrical Workers Local 1547. 2. Contract No. FY2009 -12 Upgrade of KIB Public Safety Radio Systems with Aksala Electronics, Inc. `� �B . Resolutions firil'liCO� 1. Resolution No. FY2009 -17 Adopting a Federal Capital Improvement Projects Priority List for the Fiscal Years 2009 -2013. Aill Resolution No. FY2009 -18 Adopting the Kodiak Island Borough Strategic Plan for the Years 2009 -2013. 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 C. Ordinances for Introduction 1. Ordinance No. FY2009 -14 Amending Kodiak Island Borough Code of Ordinances, Title 3 Revenue and Finance Chapter 3.10 Public Finance — Management and Accounting by Repealing Section 3.10.130 Education Fund. D. Other Items 1. Mayoral Appointment to Parks and Recreation Committee. 2. *Declaring a Seat on the Service Area No. 1 Board Vacant. 3. Mayoral Appointment to the Service Area No. 1 Board. 4. *Resignation of Planning and Zoning Commission Members. 5. *Resignation of Board of Equalization Member. 6. Mayoral Appointment to Architectural Review Board. 7. State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Applications. 8. Mayoral Appointment to the Solid Waste Advisory Board. 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. Planning and Zoning Commission Special Meeting of September 20, 2008 2. Planning and Zoning Commission Regular Meeting of October 15, 2008 3. Planning and Zoning Commission Regular Meeting of November 19, 2008 4. Service Area No. 1 Board Regular Meeting of May 6, 2008 B. Reports 1. Kodiak Island Borough December 2008 Financial Report Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 3 of 2 Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, January 22, 2009, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGEND All items listed with an asterisk (*) are conside by the Assembly and will be approved by discussion of these items unless an Asse b ° F -'- - mb item will be removed from the Consent �.£.;14;.� a and co on the agenda. 5. APPROVAL OF MINUTES — None 6. AWARDS AND PRESENT A. Student of the Month 7. CITIZENS' COMMENTS (Limite A. Agenda Ite heduled 8. COMMITTE A. U.S. Army 9. 10. 11. ME 12. UNFINIS USINE ` None e routine and non - controversial n. There will be no separate requests, in which case the ed in its normal sequence aker) ral Comments 13. NEW BUSINE A. Contracts 1. Contract No. Y2009 -11 Collective Bargaining Agreement With the International Brotherhood of Electrical Workers Local 1547. 2. Contract No. FY2009 -12 Upgrade of KIB Public Safety Radio Systems with Aksala Electronics, Inc. B. Resolutions 1. Resolution No. FY2009 -17 Adopting a Federal Capital Improvement Projects Priority List for the Fiscal Years 2009 -2013. 2. Resolution No. FY2009 -18 Adopting the Kodiak Island Borough Strategic Plan for the Years 2009 -2013. 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 C. Ordinances for Introduction 1. Ordinance No. FY2009 -14 Amending Kodiak Island Borough Code of Ordinances, Title 3 Revenue and Finance Chapter 3.10 Public Finance Management and Accounting by Repealing Section 3.10.130 Education Fund. D. Other Items 1. Mayoral Appointment to Parks and Recreation Committee. 2. *Declaring a Seat on the Service Area No. 1 Board Vacant. 3. Mayoral Appointment to the Service Area No. 1 Board. 4. *Resignation of Planning and Zoning Commission Members. 5. *Resignation of Board of Equalization Member. 6. Mayoral Appointment to Architectural Review 7. State of Alaska Alcoholic Beverage Control License Applications. 8. Mayoral Appointment to the Solid Was 1 ;A4 Board. 14. CITIZENS' COMMENTS (Limited to Thre; >` 'utes per S 15. ASSEMBLY MEMBERS' COMMENT 16. ADJOURNMENT 17. INFORMATIONAL MATER! A. Minutes of Other Meeting 1. Planning and Zonin 2. Planni • d Zoning 3. Pla ; oning C 4. =Are 1 Boar B. Reports Kodiak ction Re Request for Renewal of Liquor ) Specia p - s ting of September 20, 2008 ular s g of October 15, 2008 of November 19, 2008 May 6, 2008 008 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 TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 22, 2009 REGULAR MEETING ITEM NO: 13.A.1 Contract No. FY2009 -11 Collective Bargaining Agreement with the International Brotherhood of Electrical Workers Local 1547. SUMMARY: During the months of October, November, and December 2008, Kodiak Island Borough management team consisting of Borough Manager Rick Gifford, Finance Director Karl Short, and HR Officer /Executive Assistant Lauri Whiddon met with International Brotherhood of Electrical Workers Local Union 1547 negotiating team consisting of IBEW Local 1547 Business Representative Debra Blanchard, Shop Stewards Bill Bissett and Jeff Johnson, and Environmental Specialist Tracy Mitchell to discuss the terms of the IBEW contract which expired December 31, 2008. The new terms and conditions were negotiated before the end of December 31, 2008. The new contract must be ratified by the union members and approved by the Assembly. The union members ratified the new contract on January 6, 2009. The old contract remains the governing contract until all parties have approved and signed the new contract. In addition to changing the term of the original contract from January 1, 2009 through December 31, 2011, we agreed to a five percent (5 %) cost of living allowance (COLA) for employees, effective January 1, 2009. And effective January 1, 2010, an adjustment of the salary schedule by an increase of 75% of the Anchorage CPI -U, as measured from July 1, 2008 to June 30, 2009 with a minimum COLA of 0.5% and a maximum COLA of 4 %; and effective January 1, 2011, again an adjustment of the salary schedule by an increase of 75% of the Anchorage CPI - U, as measured from July 1, 2009 to June 30, 2010 with a minimum COLA of 0.5% and a maximum COLA of 4 %. There is the possibility of a wage reopener prior to the third year of the contract, if necessary. Additional items negotiated and agreed upon are outlined in a separate document and attached herewith. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: ‘)( z RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2009 -11 with the International Brotherhood of Electrical Workers Local Union 1547 and to adjust the Borough Salary Schedule to reflect the COLA for all Borough employees (union and non - union) effective January 1, 2009. January 12, 2009 1.2 MEMBERS OF BARGAINING UNIT Kodiak Is land Borough OFFICE of the MANAGER 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9301 Fax (907) 486 -9374 E -mail: rgifford(ulkodiakak.us • Housekeeping. • Included the two new positions of Maintenance Coordinator and Grant Writer /Special Projects Support as non -union positions. 3.1 DESIGNATION OF EMPLOYEES • Under Temporary Employee — agreed to allow a temporary employee who worked beyond six consecutive calendar months to be eligible for holiday leave; and could only be employed for more than twelve consecutive calendar months if extension is mutually agreed upon by both parties. 4.1 JOB VACANCIES • Clarified that regular Borough employees were eligible to apply for during the in -house stage of recruitment, remaining consistent with Section 4.3 Job Posting. 4.6 SELECTION PROCESS • Housekeeping. 4.7 JOB ORIENTATION • Housekeeping. 4.8 ENTRANCE WAGE RATE • Housekeeping. 4.9 STEP INCREASES • Clarification. 4.10 LONGEVITY PAY • Housekeeping: Deleted obsolete section. 4.12 TEMPORARY ASSIGNMENTS • Clarification. 4.13 EMPLOYEE TRANSFERS • Clarification. Reduced trial period from ninety (90) days to sixty (60) days with option to extend. 4.15 EVALUATION • Extends the time an evaluation is due for employees, from terminating supervisors or department heads, from thirty days to six months. 4.17 DEMOTION • Clarification. 5.3 TERMINATION • Housekeeping and clarification. 6.8 FLEXIBLE SCHEDULING OF WORK HOURS • Clarification. 7.1 COMPENSATION • Negotiated compensation plan for the next three years. 8.1 ANNUAL LEAVE ENTITLEMENT (ON A CALENDAR YEAR BASIS) • Clarifies this section and aligns it with our computerized payroll system. 8.2 ANNUAL LEAVE — GENERAL • Clarification. 8.4 PAYMENT OF ANNUAL LEAVE UPON TERMINATION • Aligns this section with current Alaska state law. 8.7 SICK LEAVE • Aligns this section with our computerized payroll system. 8.8 FAMILY/MEDICAL LEAVE • Clarification. 8.12 BEREAVEMENT LEAVE • Updated to comply with state law as it pertains to same - sex domestic partners. 8.13 WORKERS' COMPENSATION LEAVE • Limited the time to receive full salary while receiving Workers' Compensation benefits. 10.1 DISCIPLINE • Clarification and extension of time for disciplinary action review. 11.2 TUITION REFUNDS • Housekeeping — updates this section to what was already adopted. 11.4 SPECIAL TRAINING • Clarification of what training is covered. • Increase of the amount covered. • No reimbursement for terminating employee if training program was determined to be mandatory training. 11.5 SPECIAL TRAINING AGREEMENT • Clarification. • Increase of the amount covered to align with 11.4. 12.1 EMPLOYEE INSURANCE • Housekeeping. 13.1 PERSONNEL RECORDS • Clarification and housekeeping. 13.2 PAYROLL PROCEDURES • Aligns this section with current Alaska state law. 13.6 TRANSPORTATION AGREEMENT • Housekeeping. 13.7 CLOTHING ALLOWANCE • Clarification. 13.10 GIFTS AND GRATUITIES • Clarification. 13.14 TRAVEL • Housekeeping — updates this section to what was already adopted. 13.15 STRANDED WHILE ON BOROUGH TRAVEL • Housekeeping — updates this section to what was already adopted. 13.18 DESIGNATED SMOKING AREAS • Housekeeping and clarification. 19.8 NEGOTIATIONS PROCEDURE • Housekeeping; simplified procedure. 20.1 TERM OF AGREEMENT • Housekeeping. AGREEMENT BETWEEN KODIAK ISLAND BOROUGH AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION 1547 AFL -CIO December January 1, 2002-2009 through December 31, 20052011 TABLE OF CONTENTS ARTICLE 1: RECOGNITION 5 1.1 RECOGNITION 5 1.2 MEMBERS OF BARGAINING UNIT 5 ARTICLE 2: MANAGEMENT RIGHTS 7 2.1 MANAGEMENT RIGHTS 7 2.2 SUBCONTRACTING AND CONSULTANTS 7 ARTICLE 3: DESIGNATION OF EMPLOYEES 7 3.1 DESIGNATION OF EMPLOYEES 7 ARTICLE 4: HIRING AND ADVANCEMENT 8 4.1 JOB VACANCIES 8 4.2 TEMPORARY POSITIONS 8 4.3 JOB POSTING 8 4.4 JOB ANNOUNCEMENTS AND PUBLICITY 9 4.5 QUALIFICATIONS FOR APPOINTMENT 9 4.6 SELECTION PROCESS 9 4.7 JOB ORIENTATION 109 4.8 ENTRANCE WAGE RATE 10 4.9 STEP INCREASES 10 Special Merit Increases 4.10 LONGEVITY PAY 11 4.11 SHIFT DIFFERENTIAL 1214 4.12 TEMPORARY ASSIGNMENTS 12 4.13 EMPLOYEE TRANSFERS 12 4.14 PROBATIONARY PERIOD 13 4.15 EVALUATION 1444 4.16 PROMOTION 1443 4.17 DEMOTION 1544 ARTICLE 5: SEPARATIONS 15 5.1 RESIGNATIONS 15 5.2 LAYOFFS 1648 5.3 TERMINATION 16 5.4 DISMISSAL NOTICE AND SEVERANCE PAY 17 ARTICLE 6: WORK SCHEDULE & OVERTIME 1847 6.1 HOURS OF WORK 1817 6.2 OVERTIME 1817 Overtime on Holidays 6.3 TEN HOUR WORK DAY 194.8 6.4 ON -CALL TIME 1948 6.5 OFF DUTY /CALL OUT PAY 19 6.6 REST PERIODS 19 6.7 STAGGERED LUNCH PERIODS 2049 6.8 FLEXIBLE SCHEDULING OF WORK HOURS 2049 ARTICLE 7: COMPENSATION 20 7.1 COMPENSATION 20 ARTICLE 8: LEAVE 2120 8.1 ANNUAL LEAVE ENTITLEMENT (ON A CALENDAR YEAR BASIS) 2228 Page 2 8.2 ANNUAL LEAVE - GENERAL 2224 8.3 CASH -IN OF ANNUAL LEAVE 2322 8.4 PAYMENT OF ANNUAL LEAVE UPON TERMINATION 2322 8.5 MANDATORY LEAVE 2422 8.6 DONATION OF LEAVE 2422 8.7 SICK LEAVE 2423 8.8 FAMILY /MEDICAL LEAVE 2523 8.9 LEAVE - WITHOUT -PAY 27 8.10 EDUCATIONAL LEAVE - WITHOUT -PAY 2726 8.11 HOLIDAY LEAVE 2826 8.12 BEREAVEMENT LEAVE 2927 8.13 WORKERS' COMPENSATION LEAVE 292T 8.14 COURT DUTY 3028 8.15 MILITARY LEAVE 3028 8.16 UNAUTHORIZED LEAVE 3029 8.17 SICK LEAVE BANK 3129 ARTICLE 9: SENIORITY 3230 9.1 SENIORITY 3230 ARTICLE 10: DISCIPLINE 3334. 10.1 DISCIPLINE 3334 ARTICLE 11: TRAINING 3432. 11.1 NEW EQUIPMENT TECHNOLOGY OR PROCEDURES 3432 11.2 TUITION REFUNDS 3432 11.3 TUITION AGREEMENT 3433 11.4 SPECIAL TRAINING 3533 11.5 SPECIAL TRAINING AGREEMENT 3634 11.6 TRAINING 2634 ARTICLE 12: BENEFITS 3736 12.1 EMPLOYEE INSURANCE ERROR! BOOKMARK NOT DEFINED.35 12.2 RETIREMENT 4038 ARTICLE 13: EMPLOYMENT PRACTICES 4038 13.1 PERSONNEL RECORDS ERROR! BOOKMARK NOT DEFINED.38 13.2 PAYROLL PROCEDURES 4038 13.3 TIME SHEETS 4 13.4 PAY CHECK ERRORS 4238. 13.5 MOVING EXPENSES FOR NEW EMPLOYEES 424.8. 13.6 TRANSPORTATION AGREEMENT 4340 13.7 CLOTHING ALLOWANCE 4444 13.8 BOROUGH VEHICLES 4444 13.9 PRIVATE AUTOMOBILE USAGE 444.2 13.10 GIFTS AND GRATUITIES 4442 13.11 PROFESSIONAL ORGANIZATION DUES 4542 13.12 EMPLOYMENT OF FAMILY MEMBERS 4542 13.13 OTHER EMPLOYMENT 4543 13.14 TRAVEL 4643 13.15 STRANDED WHILE ON BOROUGH TRAVEL 4644 13.16 SAFETY 4744 13.17 SAFETY COMMITTEE 4744 13.18 ! - - • _ • ' e . , - 'r _ PROHIBITION OF SMOKING 4745 13.19 DRUG -FREE WORKPLACE 4745 13.20 POLITICAL ACTIVITIES 4845 Page 3 ARTICLE 14: NO STRIKE — NO LOCKOUT 4845 14.1 NO STRIKE, SLOWDOWNS, OR LOCKOUTS 4845 ARTICLE 15: GRIEVANCE PROCEDURE 4 15.1 GRIEVANCE PROCEDURE 4845 Section 1. Complaints or Discussions Section 2. Grievance Definition Section 3. Procedure Section 4. Arbitration Section 5. Authority of the Arbitrator Section 6. Time Limits ARTICLE 16: UNION REPRESENTATIVES 5047 16.1 UNION REPRESENTATIVES 564-7. 16.2 SHOP STEWARD 5143 ARTICLE 17: UNION SECURITY 5148 17.1 UNION SECURITY 5143 17.2 DUES DEDUCTION 5 148 17.3 GOOD STANDING WITH UNION 5240 17.4 POSTING OF AGREEMENT 5240 17.5 BULLETIN BOARDS 5250 17.6 UNION ACTIVITIES 5258 ARTICLE 18: NON - DISCRIMINATION /EQUAL EMPLOYMENT OPPORTUNITY 5368 18.1 NON - DISCRIMINATION /EQUAL EMPLOYMENT OPPORTUNITY 5359 ARTICLE 19: GENERAL PROVISIONS 5359 19.1 EFFECT OF AGREEMENT 5359 19.2 SUCCESSORS AND ASSIGNS 5354 19.3 PRODUCTIVITY 5354- 19.4 IMPASSE PROCEDURE 545 19.5 SCOPE OF AGREEMENT 5552 19.6 NOTICES 5552 19.7 COMPILATION OF AGREEMENT 5553 19.8 NEGOTIATIONS PROCEDURE 5653 19.9 MEET AND CONFER 5754 ARTICLE 20: TERM OF AGREEMENT 5766 20.1 TERM OF AGREEMENT 5854 20.2 AMENDMENT OF AGREEMENT 5855 ARTICLE 21: LABOR - MANAGEMENT COMMITTEE 5855 APPENDIX A SALARY SCHEDULE SCHEDULE OF PAY GRADES - EFFECTIVE 1/1/0309 SCHEDULE OF PAY GRADES EFFECTIVE 1/1/04 SCHEDULE OF PAY GRADES EFFECTIVE 1/1/05 Page 4 This Agreement is made and entered into by and between Kodiak Island Borough hereinafter referred to as the "Employer" or "Borough" and Local Union 1547 of the International Brotherhood of Electrical Workers, AFL -CIO hereinafter referred to as "Union" or "IBEW ". The purpose of this Agreement is to set forth the understanding reached between the parties with respect to wages, hours of work, and other terms and conditions of employment. The Borough and the IBEW have a common and sympathetic interest in the Kodiak Island Borough. Therefore a working system and harmonious relations are necessary to improve the relationship between the Borough, the IBEW, and the public. Progress in service to the Public demands a mutuality of confidence between the Borough and the IBEW. All will benefit by the continuous peace and by adjusting any difference by rational, common sense methods as outlined by the procedures set forth herein. The following is agreed to in good faith by the parties and shall remain in effect until changed as outlined herein or altered by future negotiations. The purposes of this agreement are to set forth the negotiated wages, hours and other terms and conditions of employment for IBEW represented employees, to promote the settlement of Union disagreements by conference, to provide for the resolution of unsettled grievances by binding arbitration, to prevent strikes and lockouts and to encourage a spirit of helpful cooperation between the Borough and its employees and the Union to their mutual benefit and the benefit of the general public. 1.1 RECOGNITION The Employer recognizes the Union as the sole and exclusive representative for those employees employed by the Employer as set forth in this Agreement. 1.2 MEMBERS OF BARGAINING UNIT PREAMBLE PURPOSE OF AGREEMENT Article 1: RECOGNITION The bargaining unit is comprised of the following positions: Page 5 Assessing Appraiser Technician Assessment Clerk I & II Property Appraiser Community Development Assistant Planner Associate Planner /ENF Associate Planner /LRP Drafting Technician Secretary I, II and III Engineering & Facilities Environmental Specialist Project Manager Maintenance Engineer Baler Operator I & II Carpenter /Project Manager Maintenance Worker Projects Assistant Secretary I, II, and III Solid Waste Baler /Landfill Supervisor Interpretive Specialist/Receptionist Finance Local Administrator — Childcare Asst. Program Accounting Clerk Accounting Technician /AP Accounting Technician /Payroll Cashier General Accountant Revenue Accountant Secretary I, II and III Page 6 Manager's Office Resource Mgmt Officer Secretary I, II and III Mental Health Center Cashier — Mental Health Secretary I, II, and III Case Manager Family Teacher Job Coach Juvenile Holdover Attendant Behavioral Specialist Behavioral Aide Management Information Systems LAN Administrator Operations Supervisor PC Technician I &II Programmer Programmer /Analyst Senior Systems Analyst System Operator I & II Excluded from the unit are elected officials, the Borough attorney, Borough Clerk, Deputy Clerk, Assistant Clerk, Records Manager, Engineering & Facilities Director, Environmental Engineer, Maintenance Coordinator, Construction Inspector /Architect.-, Project Manager /Inspector, Community Development Director, Human Resources Director, Human Resources Assistant, Human Resources Officer /Executive Assistant, Administrative Assistant to the Manager, Grant Writer /Special Projects Support, Assessor, Finance Director, Director of Information Systems, Mental Health Center (MHC) Director, MHC Clinical Program Director, MHC Clinicians, MHC Operations Manager, MHC Community Support Program Director, MHC Staff Assistant (CSP), Fire Chief, and Assistant Fire Chief. 2.1 MANAGEMENT RIGHTS Article 2: MANAGEMENT RIGHTS Subject to the specific provisions of this Agreement, it is the right of the Borough to determine the standards of service to be offered by its administration; determine the standards of selection for employment, direct its employees in an efficient manner; take reasonable disciplinary action for reasonable cause; maintain the efficiency of Borough operations, determine the methods and means by which government operations are to be conducted, to formulate reasonable work rules which are applied in a fair and consistent manner; and to exercise control and discretion over its organization. 2.2 SUBCONTRACTING AND CONSULTANTS The Union recognizes that the Borough has the right to contract, subcontract, or utilize consultants. The right to contract, subcontract or the utilization of consultants shall not be used for the purpose of undermining the Union or to discriminate against any of its members. The Borough further agrees that it will not use personal services contracts to replace employees when vacancies occur in positions filled by regular employees covered by this Agreement. 3.1 DESIGNATION OF EMPLOYEES Article 3: DESIGNATION OF EMPLOYEES Regular Employee: A regular employee is an employee who has successfully completed his /her probationary period in a position that is part of the regular complement needed for performing Borough services as determined by the Borough Assembly. Regular Full -Time Employee: A regular full -time employee is one who is employed to work a regular schedule of established weekly hours. The minimum established weekly hours shall be at least thirty (30) hours a week. Page 7 Regular Part -Time Employee: A regular part -time employee is one who is employed to work a regular schedule with established weekly hours totaling less than thirty (30) hours a week. Temporary Employee: A temporary employee is one who is employed to augment the workforce whenever the workload temporarily requires additional help, or in the event of an emergency or unanticipated situation for a period not to exceed six (6) months. Temporary employees shall not accrue fringe benefits under this agreement. If a temporary employee is extended beyond six (6) months, he /she shall accrue sick leave,. vacation and seniority from the date of hire the same as a regular employee. Temporary employees who work beyond six (6) consecutive calendar months will also become eligible for holiday leave. Temporary employees shall not be employed for more than twelve (12) consecutive calendar months, unless an extension is mutually agreed upon by both parties. Article 4: HIRING AND ADVANCEMENT 4.1 JOB VACANCIES Notices of position vacancies shall be publicized first to all regular Borough employees for five (5) working days on the employee bulletin boards. The Union will be notified of the vacancy during this five (5) day period. Notices of the vacancy will also be copied to each department. If a qualified candidate is not selected from the in -house applicants at the end of the five (5) days, the position will then be advertised outside for at least ten (10) working days. The Union may provide referrals of applicants during this outside advertising time period. 4.2 TEMPORARY POSITIONS Temporary positions (positions lasting up to 6 months) may be advertised both in -house and outside according to the above timelines, however, if immediate assistance is needed, temporary positions can be filled immediately. 4.3 JOB POSTING Any position covered by this Agreement which has been vacated or any position that has been created shall be posted within the Borough. The posting shall state the details and qualifications applicable to the position. Posting will be on Borough bulletin boards for a minimum of five (5) working days. Any regular employee may, within five working days from the date of job posting, present in writing to the personnel department his /her application. Such application will include all data required by the posting. Page 8 4.4 JOB ANNOUNCEMENTS AND PUBLICITY In order to attract candidates for vacancies, the Borough Manager will issue job announcements, which will be posted on the Borough bulletin boards and through the media including but not limited to the local newspaper. Job announcements shall be clear and readable. They shall include job title, salary range, job qualification requirements, and examination information (including the time, place and manner of completing applications and other pertinent information). 4.5 QUALIFICATIONS FOR APPOINTMENT Employees shall meet the requirements for the respective positions as spelled out in the job descriptions. The final determination of whether or not the applicant meets the requirements of a respective position shall be made by the Manager or his designee. If two candidates are equally qualified for a position in the judgment of the supervisor, seniority will prevail. Preference will be given first to Kodiak residents, then to Alaska residents and then to outside applicants. No preference shall be given in the employment of personnel to persons who are related to any employee of the Borough. The hiring of any relatives of Assembly members and the Borough Manager is prohibited. 4.6 SELECTION PROCESS The applicable supervisor assisted by the Human Resources Officer and a Shop Steward will evaluate all in -house applications on a numerical basis on a form (drawn from the position description) and provided by the personnel office. Based on this evaluation, when two (2) or more candidates are selected for interviews, interviews will be conducted by the supervisor with the Human Resources Officer and the Shop Steward in attendance. The oral interview will be conducted with a numerical evaluation on a second form (drawn from the position description) and provided by the personnel office. In addition, a written examination or demonstration may be required if appropriate. Interviews of candidates that are not current Borough employees shall meet all requirements of the position applied for. However, the Shop Steward will not participate in interviews of candidates that are not currently employed by the Kodiak Island Borough. Upon completion of all interviews, the supervisor will make a final selection. Page 9 4.7 JOB ORIENTATION The Kodiak Island Borough will provide job orientation to each new employee. The content of the orientation shall be determined by the Manager. Any IBEW information provided to the Manager will be included in the information packet. A fifteen (15) minute orientation may be provided by the IBEW Shop Steward after the Borough orientation is completed. The time for this orientation will be coordinated with the Shop Steward's I department head and the Human Resources Officer. Any Union follow -up questions and discussion will be considered a union activity. 4.8 ENTRANCE WAGE RATE The start pay rate for the applicable job classification will be the minimum rate of pay for new employees. The department head, subject to manager approval, may place a new employee above the start rate, when such placement is a result of the new employee's directly applicable work experience and credentials. Assembly approval is required for I any replacement above Step C. 4.9 STEP INCREASES All new regular employees after serving a six -month probationary period of overall satisfactory performance, as indicated on the Kodiak Island Borough Performance Evaluation Report form, shall receive a step increase. Each employee is eligible, if overall performance is satisfactory, for an annual step increase on each anniversary date when 1560 hours or more of work have been accumulated. Step increases occur in the manner above in accordance with the respective wage schedule for each position as set forth in Appendix A. In the event the department head determines by the evaluation that an employee has not satisfactorily performed the job, the department head may suspend the employee's step increase for a period of time during which certain specific improvements must be made. Notice of such step increase deferral and the reasons for it shall be given to the employee in writing with a copy to the Borough Manager. When the department head has determined that the employee has achieved satisfactory improvement, the suspended step increase may be approved at any time during the extended period. The suspended step increase will not be retroactive to the employee's anniversary date. When an employee has received a deferred step increase, he /she will be eligible for future annual increases one calendar year from the date of his /her last step increase, provided that during each such calendar year, the employee has completed 1560 compensable hours of service. Page 10 Special Merit Increases: A Special Merit Increase (equivalent to one step) shall be granted to an employee for outstanding performance, when justified in writing by the department head and subject to the approval of the Borough Manager. This increase is in addition to normal step increases and does not effect the anniversary date. Department heads may recommend employees for special merit increases in recognition of: A. Outstanding service B. Special acts of accomplishment C. Significant achievements in additional and job - related education or specialized training (outside normal working hours and other than required by the Borough) which enabled the individual to do his /her work more effectively and from which the Borough tends to benefit. 4.10 LONGEVITY PAY A regular full -time employee shall receive an additional monetary benefit based on the length of employment with the Borough. Any break in employment longer than thirty (30) calendar days will advance the eligibility date by the number of days in excess of 30. Time served as a temporary employee shall not be included. A. Sovon (7) yoars of total corvico Five curront pay rato. B. Ton (10) years of total corvico, an additional five (5) porcont of dollar value of employee's current pay rate. employee's current pay rate. The following amounts shall be granted employees employed after July 7, 1983 in addition to their current pay rate excluding overtime. A. Ten (10) years of total service, an additional five (5) percent of dollar value of employee's current pay rate. B. Fifteen (15) years of total service, an additional five (5) percent of dollar value of employee's current pay rate. Page 11 The following amounts shall be granted employees employed after October 1, 1994: A. Fifteen (15) years of total service — five (5) percent of dollar value of employee's current pay rate. 4.11 SHIFT DIFFERENTIAL An employee who is assigned to a swing shift (defined as any eight (8) consecutive hours, excluding lunch, beginning between 4:00 p.m. to midnight) shall receive four (4) percent premium pay in addition to his /her regular salary for the period served on swing shift for any day worked as a swing shift. An employee who is assigned to a graveyard shift (defined as the hours from midnight until 8:00 a.m.) shall receive six (6) percent premium pay in addition to his /her regular salary for the period served on graveyard shift for any day worked as a graveyard shift. If an employee is assigned to work a swing shift or graveyard shift on a regular basis, then sick leave, holiday pay, and annual leave will be paid at the relevant differential percentage. If an employee sporadically works a swing shift as well as normal shifts, then sick leave and annual leave will be paid at the employee's regular salary. An employee shall not be required to begin any shift change without a minimum of an eight (8) hour break between the end of their regular shift and the beginning of their new shift. The employee shall be notified of this shift change at least twenty -four (24) hours prior to the beginning of said shift or be paid the applicable overtime rate for all hours worked on the first day of the new shift. 4.12 TEMPORARY ASSIGNMENTS At the discretion of the Manager, an employee may be assigned to some or all of the duties created by an employee who is temporarily absent from their position. The temporary higher rate of pay shall be at Step A of the salary range of the temporarily - absent employee; provided that if the reassigned employee's pay rate is already higher than or at the same rate as Step A of the position to be filled temporarily, the reassigned employee shall be paid at the next higher step (that is, 2.5 %) above his /her rate of pay at the time the reassignment commenced. If this re- assignment is made for more than fourteen ten (4 -410) calondar consecutive working days, the employee shall be compensated at the higher rate of pay. 4.13 EMPLOYEE TRANSFERS In keeping with Borough policy to promote within the ranks of Borough employees, applications from bargaining unit Borough employees will be received during the five (5) day in -house position posting and qualified candidates will be interviewed. The Page 12 Employer may elect to offer the position to a bargaining unit employee if they are qualified or if the bargaining unit employee could be qualified with minimal training or experience in a reasonable amount of time. Such bargaining unit employee may be awarded the position for a sixty (60) day trial period. The employer may, where appropriate, extend the sixty (60) day trial period. If the employee, after receiving training, is unable to satisfactorily perform in the new position, the employee may return to the previously held position without loss of seniority, and with no recourse to the grievance /arbitration procedure. The employee may opt to return to the former position within the sixty (60) day trial period. In this event, the rate of pay and anniversary date shall return to be the same as before the transfer. When an employee transfers from one position to another having a lower pay range, the rate of pay shall remain the same unless it exceeds the maximum step in the new range. If the current rate of pay exceeds the maximum step in the new range, the rate of pay will be the maximum step in the new range. If the employee's current rate of pay falls within the range of the lower pay range, the pay shall remain the same and will be placed on the proper step of the new lower pay range. The employee's anniversary date shall change to the effective date of the transfer. 4.14 PROBATIONARY PERIOD All new regular employees shall serve a six (6) month probationary period. Any employee terminated under this provision shall have no recourse to the grievance procedure. All benefits and seniority credits shall accrue during the probationary period. Time served as a temporary employee shall count towards the probationary period if the employee is subsequently hired into the same position as a regular employee, provided there has been no break in service greater than 60 days. Page 13 4.15 EVALUATION The Borough, IBEW and employees endorse written evaluation of all employees by supervisors for the purpose of evaluating the employee's strengths and weaknesses in their job performance. The written evaluation shall include a rating and comment on each of the position duties described in the job description and the completion of the Kodiak Island Borough Performance Evaluation Report. The overall rating on the form shall be determined by the rater as the best judgment of the overall performance of the individual. This rating is not a numerical average of the individual factors. Each employee shall be evaluated at least once per year a minimum of thirty (30) days prior to their anniversary date. In the event an employee receives an unsatisfactory rating in any category of their evaluation, a personal conference will be held with the employee by appropriate supervisor, in which his /her problems and suggestions for eliminating these problems are discussed. A written plan of improvement shall be implemented addressing the specific areas that resulted in the unsatisfactory evaluation. Detailed written records of all such conferences will be maintained. The supervisor shall re- evaluate the employee in writing when the improvements have been made but in no event later than sixty (60) calendar days following the unsatisfactory rating. A supervisor who has given his /her notice of termination of employment shall be required to provide current evaluations, prior to termination, on all employees not evaluated within the last thirty (30) days six (6) months. 4.16 PROMOTION All other things being equal, it shall be the policy of the Kodiak Island Borough to promote from within the ranks of the Borough employees. If two applicants are equally qualified, the Borough will select the most senior. When an employee is promoted from one position to another having a higher pay range, the employee shall receive an increase of one pay step (2 %), or the minimum rate of the higher pay range, whichever is greater. If the employee's current rate of pay falls within the range of the higher pay range, the pay shall be adjusted to the next higher pay step in the new position's range in order to be equal to a one step increase above the current pay rate. The employee's anniversary date shall change to the effective date of promotion. Any employee who is promoted shall be given a reasonable period, not to exceed ninety (90) calendar days, to become acquainted with the job and to demonstrate ability to fill the job satisfactorily. If during the evaluation period the employee demonstrates unsatisfactory ability for the job, the employee shall be returned to the employee's former job without loss of seniority and with no recourse to the grievance /arbitration procedure. The employee may opt to return to the former position within the ninety (90) calendar days. Page 14 4.17 DEMOTION An employee may be demoted for any of the following reasons: A. Inability to perform duties adequately. B. Layoff because of lack of work or funds. When employees are laid off, they may apply for any available position for which they are qualified. When an employee is demoted from one position to another having a lower pay range, the rate of pay shall remain the same unless it exceeds the maximum step in the new range. If the current rate of pay exceeds the maximum step in the new range, the rate of pay will be the maximum step in the new range. If the employee's current rate of pay falls within the range of the lower pay range, the pay shall remain the same and will be placed on the proper step of the new lower pay range. The employee's anniversary date shall change to the effective date of the demotion. A demoted employee shall receive a written performance evaluation after six (6) months of service in the new position. No step increase will be available until the first anniversary evaluation is completed for the new position. 5.1 RESIGNATIONS Article 5: SEPARATIONS To resign in good standing, an employee must give written notice to his /her department head at least fourteen (14) calendar days before the termination date, except for those positions that require a thirty (30) calendar day notice of termination. This requirement may be waived by department heads when adequate provisions can be made in a shorter period of time, or extenuating circumstances exist. The department head shall furnish a copy of the resignation (recognized by the signature of the department head) to the Borough Manager's Office, the employee for his records, and to the employee's personnel file. The resignation shall include the reason for leaving Borough service. Failure to comply with the aforementioned requirements may be cause for rejection of rehire. Upon approval of the appointing authority, an employee may withdraw his /her resignation prior to the termination date so long as a commitment has not been made to fill the position. Page 15 5.2 LAYOFFS The Manager is authorized to lay off employees if: A. The position has been abolished. B. There are insufficient funds. C. There is not sufficient work available to warrant the continuation of employment. If a layoff is pending, the Manager shall provide the employee a written notice indicating layoff at least four (4) weeks in advance of the layoff. If for any of the above reasons, an employee has a loss of employment with the Borough, the Manager will make every effort to place the employee in another available job vacancy within the Borough for which he /she is qualified. Whenever possible, layoff will be accomplished through normal attrition. Further the Borough may attempt to lessen the impact and extent of a layoff through transfers, encouragement of unpaid leaves, early retirement or by any other means deemed appropriate by the Manager and the Assembly. Should a layoff be determined necessary by the Borough for any reason, the following procedure will apply: When layoff occurs due to lack of work, such layoff shall be by job classification and the least senior employee shall be subject to layoff. Such employee shall have the right to displace another employee only in accordance with the following conditions: A) The employee subject to layoff must have more seniority than the employee to be displaced. B) The employee subject to layoff must meet the qualifications set forth in the classification job description. C) The displaced employee must be the least senior employee in a job classification. D) Any employee using this procedure must serve a probationary period. If the employee is not performing satisfactorily in the position, he /she will be disciplined according to the disciplinary procedure in this agreement. Annual leave may be used during this probationary period. However, the probationary period will be extended by the amount of annual leave taken. 5.3 TERMINATION Page 16 The Manager is authorized to terminate employment of personnel for cause. Termination here is defined as a termination of employment for reasons of unsatisfactory performance of duties. Following are reasons which constitute grounds for termination of an employee of the Kodiak Island Borough. The samples provided are not to be interpreted as inclusive. No regular employee will be terminated for any of the following basic reasons unless a recent evaluation has pointed out the deficiency and reasonable time allowed, and appropriate assistance provided to effect affect a remedy. A. Incompetence B. Unsatisfactory Performance of Duties C. Unexcused Absenteeism The following reasons are cause for immediate termination: A. Substance Abuse on the Job B. Dishonesty C. Gross Disobedience D. Abandonment of Duties All notices of termination will be in writing, with proper notice to the individual and the reasons for termination will be clearly stated. This section does not apply to a probationary employee as described in Section 4.14, nor does this section restrict or limit the authority of the Borough to terminate a probationary employee. 5.4 DISMISSAL NOTICE AND SEVERANCE PAY Employees subject to force reduction layoff or dismissed without prejudice shall be given four (4) weeks notice and severance pay as follows: 1 — 5 years employment 10 working days 5 + years employment 15 working days Page 17 Article 6: WORK SCHEDULE & OVERTIME 6.1 HOURS OF WORK Regular working hours of Borough employees shall consist of a five (5) day week, eight consecutive working hours a day, 40 hours a week. Normal working hours will be from 8:00 a.m. to 5:00 p.m. and will include one hour for lunch. The standard workweek shall consist of the period from Sunday to Saturday (i.e. 12:01 a.m. Sunday to the following midnight Saturday). The standard workday shall consist of the period from 12:01 a.m. to midnight. Different schedules to meet department operating needs shall be established and altered by department heads with approval of the Borough Manager. Temporary shifting of employees' working hours to meet routine needs shall be done as necessary and approved by the department head. 6.2 OVERTIME Employees not serving in executive, administrative or professional positions, as defined by the Fair Labor Standards Act (FLSA) and defined as exempt positions in the Kodiak Island Borough code, are eligible to receive overtime compensation. Overtime entitlements shall be earned in accordance with the FLSA unless otherwise provided in the Agreement. Overtime shall be scheduled as fairly and equally as practicable among employees, based first on qualifications to perform work and secondly on seniority. All overtime must be authorized by the applicable department head prior to its performance. When an employee is assigned to eight (8) hour workdays, all authorized overtime shall be compensated at one and one -half (1.5) times the employee's applicable rate of pay for all time worked in excess of eight (8) hours in a workday. Overtime will be calculated on one - quarter (0.25) hour intervals. Any quarter of an hour (fifteen (15) minutes) or portion thereof worked, should be reported on the time card as one - quarter (0.25) hour and paid accordingly (e.g. fifteen (15) minutes is reported as one - quarter (0.25) hour and sixteen (16) minutes is reported as one -half (0.5 hour). When an employee is assigned to ten (10) hour workdays, all authorized overtime shall be compensated at one and one -half (1.5) times the employee's applicable rate of pay for all time worked in excess of ten (10) hours in a workday. All time worked in excess of forty (40) hours in a work week, shall be compensated at one and one -half (1.5) times the employee's applicable rate of pay. The work week shall be considered to be the period from 12:01 a.m. Sunday to the following midnight Saturday. Page 18 Overtime on Holidays: Overtime hours worked on a recognized Borough holiday shall be paid at double time for all hours worked in addition to the regular holiday pay. Employees will be notified by their normal quitting time of the preceding day of any scheduled overtime work. 6.3 TEN HOUR WORK DAY By mutual agreement of the department head and the employee involved, a four (4) day workweek may be established consisting of four (4) ten -hour shifts at the employee's straight time rate of pay. The employee may opt out of this work schedule by giving a thirty (30) calendar days notice to the department head. This decision may require all employees involved to revert to a five (5) day workweek in order to properly staff the office to deal with the public. All employees who are working a four (4) day workweek shall revert to a five (5) day work week during any week requiring an eight hour day (i.e. training) or in which a holiday listed in this Agreement is scheduled. However, an employee may request, subject to approval of his /her supervisor, to take two (2) hours annual leave for any scheduled eight -hour workday or holiday listed in this Agreement (to balance out the remainder of the workday) and therefore remain on the four (4) day workweek schedule, provided the business needs of the Borough and the public are met. (e.g.) Monday (training or holiday) 8 hrs + 2 hrs leave = 10 hr Tuesday 10 hrs Wednesday 10 hrs Thursday 10 hrs 6.4 ON -CALL TIME Hourly employees who are required to be on -call shall receive $100 a week compensation for carrying and monitoring a beeper. In the event that an hourly employee is called in to work to respond to a beeper call, the employee will receive time and one -half compensation for any and all hours worked over 8 in a day and over 40 in a week. 6.5 OFF DUTY /CALL OUT PAY When an off duty employee is required to report for duty, the employee shall receive overtime pay for all time worked portal to portal during such call out. Such employees shall receive a minimum of one (1) hours pay or will be paid for actual time worked, whichever is greater. 6.6 REST PERIODS Page 19 A fifteen (15) minute rest break shall be allowed mid - morning and mid - afternoon. Such breaks must be staggered to keep all offices adequately staffed to deal with the public at all times. Break schedules must be approved by the appropriate supervisor. When working other than the normal shift, a fifteen (15) minute rest period shall be allowed during any work period of at least four (4) hours duration. 6.7 STAGGERED LUNCH PERIODS Lunch hours may be staggered to meet the needs of service. Lunch schedules must be approved by the appropriate supervisor. 6.8 FLEXIBLE SCHEDULING OF WORK HOURS Supervisors are permitted to put their employees on flexible schedules so long as neither service to the public nor normal office hours are reduced, and so long as the employees volunteer in writing for flexible scheduling. Flexible scheduling is intended as an employee benefit; therefore, only employees who volunteer in writing to his or her supervisor for the flexible hours should be scheduled that way. Hours or work scheduled outside the standard work week are to be avoided. Flextime is the scheduling of an employee to work eight (8) hours a day between the hours of 7:00 a.m. and 6:00 p.m. Flextime must be approved by the employee's supervisor or -and the Manager's Office. Approval of flexible scheduling prior to 7:00 a.m. or after 6:00 p.m. will be granted only under extenuating circumstances and must be mutually acceptable to the Employer and the Union. 7.1 COMPENSATION Article 7: COMPENSATION Effective January 1, 2009, Kodiak Island Borough shall adjust the salary schedule in Appendix A (1 -1 -08) by an increase of five percent (5.0 %). The specific wage rates that are the product of this adjustment are identified in "Appendix A (1- 1 -09)" attached hereto and made a part hereof. Effective January 1, 2010, Kodiak Island Borough shall adjust the salary schedule in Appendix A (1 -1 -09) by an increase of 75% of the Anchorage CPI -U, as measured from 7 -1 -08 to 6- 30 -09. In no event will the increase exceed four percent (4.0 %) nor be less than one half Page 20 .- • .. • • of one percent (.5 %). The specific wage rates that are the product of this adjustment shall be identified in "Appendix A (1- 1 -10)" to be attached hereto and made a part hereof. Effective January 1, 2011, Kodiak Island Borough shall adjust the salary schedule in Appendix A (1 -1 -10) by an increase of 75% of the Anchoraqe CPI -U, as measured from 7 -1 -09 through 6- 30 -10. In no event will the increase exceed four percent (4.0 %) nor be less than one half of one percent (.5 %), unless the option of a wage re- opener is exercised by either party in writing to the other party between September 1 and November 30 of the previous year. It is mutually agreed that the wage reopener cannot be held prior to September 1 without the concurrence of both parties. The specific wage rates that are the product of this adiustment shall be identified in "Appendix A (1- 1 -11 )" to be attached hereto and made a part hereof. Article 8: LEAVE Page 21 8.1 ANNUAL LEAVE ENTITLEMENT (ON A CALENDAR YEAR BASIS) Leave with pay shall accrue to all full -time regular employees at the following rates based upon 24 26 annual pay periods of 80 hours per pay period. Length of Service Earned-Monthly 0 through 2 years 1 1/2 days (6ours --per - Pay Over 2 years but 1 3/4 days less than 5 years (7-hours-per -pho) Over 5 years but 2 days less than 8 years (84hours -der - Pay - Per -4 j) Over 8 years but 2 1/4 days less than 10 years (0 hours por - pa-y-period4-- 10 years and over 2 1/2 days (10- hours-per r-iod) For regular part-time employees working less than 30 hours a week and regular full -time employees working 30+ hours but less than 40 hours a week, annual leave accrual will be pro -rated based upon normally scheduled hours per pay period. 8.2 ANNUAL LEAVE — GENERAL Annual Total 18 days 21 days 24 days 27 days 30 days Annual leave may be used for vacations, personal business, and periods of illness. • _ . .. _ _ . Leave for periods of time not exceeding three (3) working days shall be scheduled at least 24 hours in advance. Vacation leave exceeding three (3) working days shall be requested at least two (2) weeks in advance. Vacation leave will be charged to annual leave. If annual leave is insufficient, leave will be charged to leave without pay if approved by the Manager. Page 22 Supervisors are responsible for permitting employees to utilize all leave earned in any calendar year. Supervisors and employees must schedule such leave usage in advance so as not to unduly conflict with or severely restrict the normal work requirements of their respective department. In the event two employees submit leave requests on the same day and for the same period of time, the most senior employee will be granted his /her leave request if both employees cannot be spared, unless unusual circumstances dictate otherwise. Probationary employees shall not be eligible to utilize annual leave during the probationary period. Upon successful completion of the probationary period, the employee will be credited with nine (9) days of accrued annual leave time. Employees who do not complete the probationary period or who are not retained beyond the probationary period shall not be credited and paid for their accrued leave for their period of employment. Employees who, for good and sufficient cause, must be absent during the probationary period shall be considered in a leave without pay status if approved by the Manager. Any new employee hired between the first (1 and the fifteenth (15 days of the month, inclusive, shall be considered to have worked the full month for leave purposes, and any employee hired after the fifteenth (15 day of the month shall be credited with leave for half a month. 8.3 CASH -IN OF ANNUAL LEAVE Leave can be accrued from year to year with a maximum accrual limit of seventy -five (75) working days. Leave continues to accrue during the period of time an employee is on paid leave. A recognized holiday occurring during an employee's leave period shall not be counted as a day of leave. An employee upon written request shall be permitted to cash in up to 80 hours of his /her annual leave in excess of 80 hours. Such cash out shall be permitted once in a calendar year. In the event of a serious emergency an employee may cash out any accrued annual leave in excess of 80 hours. Any cash -in of annual leave must be approved by the Borough Manager. 8.4 PAYMENT OF ANNUAL LEAVE UPON TERMINATION Upon separation of a regular employee, accrued annual leave shall be compensated for in a lump sum at the present earnings rate of the employee days-:pursuant to AS 23.05.140(b), as that provision may be amended from time to time. NOTE: As of January 1, 2009 Alaska Statute 23.05.140(b) reads as follows: "...If the employment is terminated by the employer, regardless of the cause for the termination, payment is due within three working days after the termination. If the employment is Page 23 terminated by the employee, payment is due at the next regular pay day that is at least three days after the employer received notice of the employee's termination of services. 8.5 MANDATORY LEAVE All employees must utilize a minimum of ten (10) days leave per annum. Excess annual leave (over seventy -five (75) working days) will automatically be transferred into the sick leave account at the end of the calendar year. 8.6 DONATION OF LEAVE Employees may donate hours of annual leave to a fellow employee who has suffered, or is suffering, a serious personal emergency or disaster such as lingering or terminal illness of the employee, or of a member of the employee's family, or the loss of home and belongings due to fire or natural disaster. Leave donations must be requested in writing and be approved by the Borough Manager. Donations will reflect as a reduction in annual leave hours to the Donor and an increase of the same number of annual leave hours to the Donee. 8.7 SICK LEAVE Each full -time regular employee shall accrue sick leave from the date of employment at the rate of • _ _ .. fifteen days per calendar year pro -rated by 26 pay periods of 80 hours each regardless of length of service. For regular part-time employees working less than 30 hours a week and regular full -time employees working 30 + hours but less than 40 hours a week, sick leave accrual will be pro -rated based upon regularly scheduled hours per pay period. Sick leave is available for use by the employee or if the employee's dependent child or spouse is sick and requires the physical presence of the employee in the interest of family welfare. Employees not able to work due to illness shall notify their supervisor within two hours of the scheduled reporting time. When sick leave exceeds three (3) consecutive work days, a statement from a licensed health care practitioner may be required to substantiate the leave taken. If sick leave is not sufficient to cover an absence due to illness, leave shall be charged to annual leave, then to leave without pay. Page 24 Accrued sick leave may be used during the probationary period. Excess annual leave (over seventy -five (75) working days) will automatically be transferred into the sick leave account at the end of every calendar year. No cash payment will be made to an employee for unused sick leave when the employee terminates from Borough Service. 8.8 FAMILY /MEDICAL LEAVE An employee is entitled to the provisions of the Federal Family and Medical Leave Act and the state law provisions of AS 39.20.500 -550, as they may be amended from time to time, and the following paragraphs shall apply unless in conflict with those provisions of law. In compliance with the state and #Federal #Family and Medical !Leave acts (including any amendments) family leave (sick leave) may be utilized by eligible employees for a serious health condition of the employee, their child, spouse or parent. Up to twenty -four (24) weeks in any twenty -four (24) month period may be utilized for this purpose, with a maximum of eighteen (18) weeks allowed in any twelve (12) month period (i.e. an employee who opts to take eighteen (18) weeks in the first twelve (12) months would then have six (6) weeks remaining to take in the following twelve (12) months). The Family and Medical Leave Acts allow for family leave to be utilized by eligible employees for pregnancy and birth of a child of the employee, or the placement of a child, other than the employee's stepchild, with the employee for adoption. The right to take leave for this reason expires on the date one year after the birth or placement of the child. Up to eighteen (18) weeks within a twelve (12) month period may be taken for this purpose. The twelve (12) month period will be calculated from the day the employee first utilizes family /medical leave. Eligibility — Employees are eligible to use family leave for the purposes outlined above if they have been employed at least thirty -five (35) hours a week for six (6) consecutive months or seventeen and one -half (17.5) hours a week for twelve (12) consecutive months immediately preceding the leave. The following parental leave policy applies to those employees having worked ten (10) months preceding parental leave: Parental Leave: An employee who has been employed for not less than ten (10) consecutive months is entitled to take a total of six (6) months leave of absence immediately preceding and following the childbirth or adoption. The employee requesting parental leave may receive cash payment in lieu of up to ten (10) days accumulated annual leave. A request for this payment must be made at least thirty (30) calendar days in advance. The employee who desires to resume employment following parental leave shall submit a request for leave Page 25 at least thirty (30) calendar days prior to any parental leave, unless extenuating medical circumstances prevent such notice. The employee shall be reinstated with no loss of time in service. All family /medical leave will first be charged to sick leave, then to annual leave and then to leave without pay. Employees may choose to retain a balance of five (5) days paid leave before switching to leave without pay. Leave without pay provisions as outlined in this document will apply. Employee Notice — If the necessity for leave is foreseeable based on an expected birth or adoption or planned medical treatment or supervision, the employee shall provide the Borough with at least thirty (30) calendar days notice prior to the expected need for leave wherever possible. Where thirty (30) calendar days notice is not possible, the employee is required to provide such notice as is practicable. The employee shall also make a reasonable effort to schedule treatment or supervision so as not to disrupt unduly the operations of the Borough, subject to the approval of the employee's health care provider. Group Health Coverage — During the time that an employee is on leave under the Act, the Borough will maintain coverage under the group health plan at the level and under the conditions that coverage would have been provided if the employee had been employed continuously from the date the leave began to the date the employee returns from leave. Employees who pay premiums for health insurance coverage by paycheck deduction will still be responsible for those premiums while on leave without pay. The Borough's obligation to maintain health insurance coverage will cease if an employee's premium is thirty (30) calendar days late. The Borough may recover the costs for maintaining health insurance coverage for an employee on unpaid leave if the employee fails to return from the entitled leave period for a reason other than the recurrence or continuation of a serious health condition or other circumstances beyond the control of the employee. Certification — The Family /Medical Leave Act contains a provision allowing Eemployers to verify the existence of a "serious health condition" before granting an employee's leave request. Employees requesting leave because of a serious health condition may be required to produce a "certification" from the treating licensed health care provider of the patient. The Borough may also, at its own expense, require a second opinion to ascertain the validity of the certification provided by the treating licensed health care provider. Return to Work The Borough at its discretion may require a certificate from an attending physician that the employee who has taken family medical leave is able to return to work. Employee's Rights Upon Return From Leave — Unless the Borough's business circumstances have changed to make it impossible or unreasonable, when an Page 26 employee returns from leave mentioned above, the Borough shall restore the employee to the position of employment held by the employee when the leave began; or to a substantially similar position with substantially similar benefits, pay, and other terms and conditions of employment. Definitions - "parent" means a biological or adoptive parent, a parent -in -law, or a stepparent. 8.9 LEAVE - WITHOUT -PAY "child" includes the employee's biological, adopted, or foster child, stepchild, or legal ward who is under 18 years of age, or 18 years of age or older and incapable of self -care because of mental or physical disability. "serious health condition" means an illness, injury , impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential health care facility; or continuing treatment or continuing supervision by a health care provider. Leave - without -pay, if approved by the Borough Manager, may be granted to an employee not to exceed thirty (30) days. Annual and sick leave do not accrue when the employee is in a leave- without -pay status longer than ten (10) working days. Employees who are in a leave- without -pay status longer than ten (10) working days will also not be eligible for holiday pay. Under the Public Employees Retirement System (PERS), leave- without -pay exceeding ten (10) working days is not creditable service. Employees in leave- without -pay status for more than ten (10) working days for a reason other than family /medical leave, will be responsible for paying that portion of the health insurance premium for the leave taken beyond ten (10) working days. Exempt employees in leave- without -pay status will not have any reduction in pay for absences of less than a full day (eight hours) of leave- without -pay in recognition of the fact that exempt employees are not eligible for overtime pay. 8.10 EDUCATIONAL LEAVE - WITHOUT -PAY Educational leave- without -pay may be granted for educational purposes directly related to employment with a specific benefit to the Kodiak Island Borough. Approval will be contingent upon the work schedule allowing the time to be taken without a disruption to Borough business. If approved by the Borough Manager, this leave may be granted to an employee not to exceed one hundred and twenty (120) calendar days. Annual and sick leave do not accrue when the employee is in an educational leave- without -pay status longer than ten (10) working days. Employees who are in an educational leave- Page 27 without -pay status will not be eligible for holiday pay during the period they are on educational leave- without -pay status. 8.11 HOLIDAY LEAVE The following holidays shall be recognized by the Borough: New Years Day Martin Luther King's Birthday Washington's Birthday Seward's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Day Employee's Birthday In addition to Borough recognized holidays, every day designated by public proclamation by the President of the United States or the Governor of Alaska as a legal holiday shall also be observed as a holiday for Borough employees. (Alaska Day was traded for Thanksgiving Friday and Lincoln's Birthday was traded for Employee's Birthday by negotiation.) In the event of a recognized holiday falling on Saturday, the preceding Friday shall be observed. In the event of a recognized holiday falling on Sunday, the following Monday shall be observed. All employees shall be excused from work on recognized holidays and special holidays, except where the activities of the Borough require that regular or emergency work be performed. In the event that holiday work is required, the rate of pay for employees working on holidays shall be at double time for all hours worked in addition to the regular holiday pay. Page 28 1 January 3rd Monday in January 3rd Monday in February Last Monday in March Last Monday in May 4th July 1 Monday in September 11 November 4 Thursday in November Day after Thanksgiving 25 December To be taken anytime during the Birthday month. 8.12 BEREAVEMENT LEAVE Accrued sick leave, or at the employee's option, annual leave or leave without pay, not to exceed five (5) days may be used by an employee upon the death of a member of the employee's,.—e their spouse's or same -sex domestic partner's immediate family (provided the State of Alaska's Political Subdivision Health Plan Same -Sex Partner Affidavit is completed and on record with the Borough). Immediate family is defined as spouse, siblings, son, daughter, parents, stepparents, stepsiblings, father -in -law, mother -in -law, brother -in -law, sister -in -law, son -in -law, daughter -in -law, grandparents and grandchildren. Up to three (3) additional days of sick leave, annual leave, or leave without pay may be granted to accommodate required travel. 8.13 WORKERS' COMPENSATION LEAVE During periods of on-the-job injury recuperation, the employee shall be eligible for Workers' Compensation Benefits and will be placed on Worker's Compensation Leave. All fringe benefits will continue to accrue while in this status. It is the intent of this policy that the employee's take home pay for a period not to exceed ten (10) weeks will remain the same throughout the recuperation period as his /her regular take home pay prior to the injury. Sick and annual leave will be used as follows: 1. The first three (3) days should be sick leave or upon employee request, annual leave, or leave without pay if no other leave is available. For a new regular employee on probation status who has not accumulated a combined total of three (3) days of sick and annual leave, the three (3) days will be charged first to sick leave, then annual leave and finally the salary line item for the employee. 2. For the remaining days until the end of ten (10) weeks measured from the date of initial leave taken, an amount equal to the difference between the employee's take home pay prior to the injury and the amount received from Worker's Compensation will be paid to the employee by the Borough and charged to the salary line item for the employee. If the absence exceeds twenty -eight (28) calendar days and Worker's Compensation then picks up the original three (3) days of paid leave the employee must repay the Borough for the three days pay. The Borough will then credit the employee's records for deductions as a result of an on- the -job injury. The credit will be applied first to the salary line item, and then to sick leave. An employee can remain on Worker's Compensation Leave for up to six (6) months or until determined to be permanently or totally disabled or permanently partially disabled and unable to return to work, whichever comes first. The Borough will not, however, supplement any Worker's Compensation benefits provided for by its compensation Page 29 insurance carrier for any settlements of industrial accident claims. When any such settlement is made, disability shall be presumed to terminate on the date of such settlement. 8.14 COURT DUTY Court duty, including jury service, shall be treated as administrative leave from Borough duty without loss of longevity, leave, or pay. Service in court when subpoenaed as a witness on behalf of the Borough, or when called as an expert on a matter of Borough concern, or relating to a Borough function, or the employee's job performance will be considered administrative leave. Fees paid by the court (other than travel and subsistence allowance) will be turned in for deposit to the Borough except that fees paid for court duty that occurs on the employee's normal non -work days may be retained by the employee. Witness service for personal purposes will be covered by annual leave, or leave- without -pay, and any fees received in this connection may be retained by the individual. Employees, upon receiving written notice of being called for jury duty, will immediately provide their supervisor with a copy of such notice. In the event an employee is called for court duty in Kodiak, when excused, he or she shall return to work within a reasonable time, not to exceed one hour. If the employee is serving court duty outside the City of Kodiak, he or she shall return to work within one hour upon returning to Kodiak. 8.15 MILITARY LEAVE Employees who are called up for active duty in a branch of the U.S. Armed Forces or who are members of a U.S. Military Reserve component shall be entitled to leave and re- employment benefits as prescribed by State and Federal Laws. Absence from Borough duty for the purpose of participating as a member of a United States reserve component, either in active military service of the State, or in military training, is authorized and will be treated administratively (in the case of the employee who has completed probationary service) in such manner that the individual will not suffer a decrease in income or a loss of benefits during the first two weeks of the military active duty or training period. The Borough Manager will be provided with a copy of the individual's orders to duty. The absence will be recorded, during the first ten (10) working days, as administrative leave without charge to the employee's leave account. Military pay paid to the employee for this period of time (equivalent to 80 hours of work) will be turned over to the Borough. 8.16 UNAUTHORIZED LEAVE Any absence not authorized and approved, in accordance with the provisions set forth herein, may be grounds for disciplinary action up to and including termination. Page 30 Provided, however, that any employee who has verified that they were unable to return to duty due to weather and /or an emergency shall not be subject to disciplinary action under this section. 8.17 SICK LEAVE BANK All Kodiak Island Borough regular employees are eligible to participate in a Sick Leave Bank. The Sick Leave Bank shall be administered by the Manager. It is the Manager's responsibility to approve or deny requests for Sick Leave Bank usage. In the case of denial, the request for Sick Leave Bank usage may be appealed to the Personnel Advisory Board. The Personnel Advisory Board's decisions regarding Sick Leave Bank usage will be final. Each employee enrolling in the Bank will donate one (1) day of his /her sick leave to the Bank each year, until the Bank is built up to a maximum of three hundred (300) days. No more days will be added to this maximum until the Bank is depleted to two hundred fifty (250) days except for new participants. The Finance Department shall maintain an accounting of the Sick Leave Bank balance at all times. This information will be available to any member upon request. Contributions will be made to the Bank once a year in the month of January according to the above limitations. The employee will be responsible for submitting donation forms between January 1 and January 31. In the event that the Bank becomes totally depleted during the year, each member of the Bank may donate additional days up to a maximum donation of three (3) days per year. An employee withdrawing from membership in the Bank will not be able to withdraw the contributed days. An employee will not be able to withdraw days from the Bank until all of his /her own accrued sick leave and annual leave have been depleted. The maximum number of Sick Leave Bank days available to a member shall be twenty -two (22) days in any calendar year. In the case of multiple requests, if there are not enough days in the Bank to cover the requests in full, the available days will be split evenly between the requesting employees. Employees withdrawing Sick Leave Bank days will not be required to replace these days except as a regular contributing member of the Bank. Employees withdrawing Sick Leave Bank days may voluntarily contribute additional days to the Bank. Sick leave days can only be withdrawn from the Bank for the individual member's illness or injury. Normal pregnancy leave and parental leave not associated with illness or disability under Section 707 of the Personnel Rules and Regulations are not eligible for Sick Leave Bank requests. Requests for use of Bank days will be forwarded by the employee to the Manager and must be accompanied by a letter from the attending physician. The approval of the request shall be subject to the attending physician's supportive statement. Approved requests will then be forwarded to payroll for processing. The Kodiak Island Borough leave form shall be used as verification of sick leave donated to the Sick Leave Bank. Page 31 Qualifications for Membership in Sick Leave Bank: A. Only regular full time or part time employees are eligible to participate in the Sick Leave Bank. B. Only contributing members of the Sick Leave Bank are eligible to use the Bank. C. Members may use the Sick Leave Bank only after they have completed their probationary period. Date of hire will determine eligibility. An employee may contribute to the Bank as soon as all other requirements are met. Article 9: SENIORITY 9.1 SENIORITY Seniority as used herein shall mean the length of continuous employment by the Employer within job classifications covered by this Agreement. Employees shall not accumulate seniority during the period of probationary employment. After employees have completed the probationary period, seniority shall be dated from the date of hire as a probationary employee. The seniority of an employee shall terminate under any of the following conditions: a) When laid off for a period of twelve (12) consecutive months; b) When an employee resigns from employment with the Borough; c) When an employee is discharged for cause; or d) When an employee temporarily laid off fails to return to work within ten (10) working days after written notice requesting the individual to return to work is delivered by certified mail to the individual's last known address or to the individual personally, or fails to notify the Employer of an intention to return to work within forty -eight (48) hours after having received such notification. In the selection of shifts and vacations, seniority shall prevail insofar as practical in the best interest of service. In the filling of vacancies in positions covered by this Agreement, seniority shall be given full and fair consideration and where ability and qualifications are considered Page 32 equal by the Employer, seniority shall prevail, providing that the employee has met the application time lines as defined in the hiring procedures. 10.1 DISCIPLINE Article 10: DISCIPLINE Any employee discharged or suspended for disciplinary reasons shall be furnished, in writing, the reasons for such action. In the event an employee (other than a probationary employee) is discharged, the employee may forward to the Shop Steward a notice of the termination and the reason for the action. No bargaining unit employee shall be disciplined or discharged without cause. Bargaining unit employees may at their request have union representation at disciplinary or investigatory meetings where the employee has been informed or has reason to believe that disciplinary action could result from the meeting. It is the intent of the Employer to utilize progressive discipline, however, the level of discipline will depend on the actual circumstances and severity of the employee's misconduct. Progressive discipline would normally be: 1. Verbal Counseling & Warning 2. Written Warning via Disciplinary Action Memo 3. Discharge Disciplinary Action Procedure: All disciplinary actions, except verbal counseling & warning shall be documented on a Disciplinary Action Memo to the employee and the employee's personnel file. The employee shall be given a chance to read the memo. It shall then be reviewed with the employee and a sincere effort shall be made to obtain agreement with the employee that facts are stated correctly, that the inappropriate or incorrect behavior did occur, that it did represent behavior that should be disciplined, that the discipline is appropriate and that the behavior will not be repeated. If errors are found, the Disciplinary Action Memo shall be rewritten and again reviewed. Comments of the employee shall be entered under that heading. The employee shall be requested to sign the memo and be informed that his or her signature indicates only agreement that the memo accurately records the discussion. If the Employee refuses to sign the memo, the statement shall be entered. "(Employee's Name) read the contents on (date) and refused to sign" Page 33 The supervisor may, if necessary, complete reviews of the employee's progress in correcting the cause of the original action at three, six and nine months - or any other intervals. These reports shall be made on a standard Evaluation Report form. Twelve Thirty -six months from the date of the action concerned, the Borough Manager shall review the disciplinary action and if it is determined that the problem has been resolved, all copies of the Disciplinary Action Memo shall be returned to the affected employee, provided that a record shall be maintained that a Disciplinary Action Memo had been filed but was removed. 11.1 NEW EQUIPMENT TECHNOLOGY OR PROCEDURES The Employer shall provide, or make available, updated training to qualified employees as required with the introduction of new equipment, technology, and /or procedures. 11.2 TUITION REFUNDS Article 11: TRAINING Consideration will be given toward reimbursement of 100 percent of the tuition expense, books, and lab fees if an employee successfully completes coursework considered to relate to the employee's present duties and to be of benefit to both the Borough and employee involved. Written concurrence from the department head and the Borough Manager shall be obtained in each case before beginning the pertinent course of study. If the reimbursed tuition amount exceeds $300 the employee shall sign and abide by the following tuition agreement. The maximum reimbursable tuition amount is $1,000 -500 per employee per year. The Borough shall not reimburse any employee for tuition and /or associated costs that have or will be paid by a third party. Upon successful completion of the course involved, the employee shall furnish his /her department head with evidence of successful course completion (a grade of C or better or a certificate of completion) and a receipt of the course fee. Upon approval of the reimbursement process by the Borough Manager, the reimbursable cost will be paid. In the event of involuntary termination, the employee shall not be required to repay tuition. 11.3 TUITION AGREEMENT agree to abide by this tuition agreement and understand that if I should leave Borough employment within twelve (12) months Page 34 after completing the reimbursed coursework listed below that I will be subject to forfeiture of accumulated leave and /or salary on a pro -rated basis in the amount equal to the cost of the course(s). Course: Location: Cost: Date Completed: Twelve (12) months of employment with the Kodiak Island Borough following the completion of the above coursework results in full forgiveness of any obligation to repay the Kodiak Island Borough. Date Date Employee Name (Print) Employee Signature Supervisor Name (Print) Supervisor Signature 11.4 SPECIAL TRAINING 1 Employees who attend courses or conferences or receive special schooling that is reimbursed or paid for by the Borough will be subject to the terms of the following special training agreement. , _ Any employee terminating employment prior to working one year after completion of an approved special training program (defined as any training or schooling for which the Borough pays $1,000 2,000 or more including cost of the training program plus travel), unless terminated for a justifiable reason, will be subject to forfeiture of accumulated leave and/or salary on a pro -rated basis in the amount equal - -to at or above $2,000 of the cost of the training program plus travel. When attendance at a training program is mandatory as determined by their department head, the employee shall be compensated at their regular rate of pay for all scheduled training hours. In addition, the Borough shall pay for the cost of registration, tuition, publications, transportation, and per diem, and he/she shall be exempt from signing the Special Training Agreement. Page 35 Approval for training is subject to availability of budgeted funds and must be approved by the Borough Manager or his designee. 11.5 SPECIAL TRAINING AGREEMENT To prevent misunderstanding at the time of separation for those employees having participated in Special Training Programs, the following has been provided: The undersigned employee of the Kodiak Island Borough understands that the training for which he /she requests Borough payment (such) training to take place (Date) (Location of Training) satisfies the standards set for SPECIAL TRAINING undor Borough Ordinanco No. 8 11 0. The undersigned employee agrees to abide by this special training agreement and understands that if he /she should leave Borough employment within one (1) year after completing the reimbursed training that he /she will be subject to forfeiture of accumulatod loavo and /or salary on a pro -rated basis in the amount at or above $2,000 of equal -to the cost of the training plus travel. One (1) year of employment with the Kodiak Island Borough following the completion of the above training results in full forgiveness of any obligation to repay the Kodiak Island Borough. Date Date 11.6 TRAINING Employee Name (PRINT) Employee Signature Supervisor Name (PRINT) Supervisor Signature The Employer and the Union will cooperate in encouraging training programs including government- funded programs, which will provide initial and advanced training for employees. Within budget limitations, training offered shall particularly emphasize requirements for occupational certification, job skill enhancement, accident prevention, employee safety and public relations. Page 36 12.1 EMPLOYEE INSURANCE Article 12: BENEFITS a. Effoctivo as soon as practicablo, howovor no lator than January 1, 2003, tThe Kodiak Island Borough will provide the AETNA Plan II group health plan coverage to all Borough employees. b. Members of the IBEW bargaining unit shall not share in the costs of the monthly premium amount except as follows: Effective 1/1/09, (increases to the current monthly premium shall be shared with the Kodiak Island Borough paying seventy -five percent (75 %) and the employee paying twenty -five percent (25 %) of any increase. f. increase: 07/01/03 Promium $350.75 Promium $ 385.820 10% Incroaso $ 35.07 x.05 % - $ (10.291) x.25% $ (8.77) Promium $ 385.820 10% incroaso $ 38.582 x .25 % $ (0.645) x .75% $ 28.936 Page 37 06/30/04 Total promium - $ 385.82 Now Promium - $ 424.402 Borough Portion $ 377.05 Borough Portion $ 305.465 Employoo Portion $ (8.77) Employoo Portion $ (28.036) c. Coverages and costs of the AETNA Group Health Plan II are listed below. Coverages and costs per month in effect as of 12/01/02 7/1/08. Coverage Total Premium KIB Pays Employee Pays (24 Total) Employee $ 350.75 575.89$ 35 514.27 25% $61.62 -0- Only ef future - increases Ratification Employee + $ 771.001,281.40$ 771.00 1,136.96 25 $144.44 -0- Spouse of -fute €festive -@ increases Ratification Employee + $ 1,071.001.775.74$ 1,074.00 1,576.88 25 $198.86 -0- Family of- future €fest+v@ increases Ratification Employee + $ 554.001,071.21$ 65400 952.81 $118.40 Child(ren) of-futu-r-e €ffective -@ -increases - Ratifisation d. Pursuant to Section 125 of the United States Tax Code, the Borough shall offer employees the option of participating in a group health plan. Requirements for and benefits of participation in the Health Plan are set forth in the District's Section 125 Plan, which may be amended from time to time to conform to the requirements of Section 125. The employee portion of the premium shall be contributed in accordance with the Borough Section 125 Plan by those employees who choose to participate under the Plan. e. Employees are eligible for participation in the health and life insurance programs Page 38 f. No employee covered by this plan will receive health insurance from more than one Borough insurance policy. g. if they are regular, non - temporary employees. Enrollment periods are at initial hire and at the annual open enrollment period (generally in the Spring). The Borough shall provide, on a non - contributory basis, a group Life and Accidental Death and Dismemberment insurance plan for each eligible, regular employee in the amount equal to $75,000. The program of benefits will be as described in a Master Contract between the Borough and insurance carrier. h. The employee at his /her expense, subject to the approval of the insurance provider, may purchase up to 1 times his /her annual salary of additional life insurance for themselves. As a participant in the Health Plan, the employee also receives at no cost an additional $2000 in Life Insurance and $5000 in Accidental Death and Dismemberment coverage. Eligible employee is defined as either: 1. a regular full -time employee, or 2. a regular part -time employee working at least fifteen (15) hours per week. k. Regular part-time employees who are eligible for, and elect to have insurance coverage, shall continue to pay a proportional share of the premium. I. An employee on an approved leave of absence may elect to pay the premium for Borough -wide health insurance during this period, if allowed under the group insurance contract. m. The Borough also provides a non - contributory Accident Travel Insurance policy, which provides $100,000 coverage to employees who are traveling on official Borough business. n. The Borough will provide continuation of regular health insurance benefits for employees who utilize family and medical leave and parental leave for a period not to exceed the time limits outlined in the State and Federal Family and Medical Leave Acts and the Borough parental leave policy. If the employee pays a premium for health coverage for dependents, they are still responsible for payment of their portion of the premium while on leave. o. The Borough will provide a non - contributory short and long -term disability insurance program for each employee. Page 39 12.2 RETIREMENT Kodiak Island Borough is a member of the Alaska Public Employee's Retirement System (PERS). Accordingly, all deductions shall be made according to the regulations of that system. All employees will receive the PERS booklet and it will also be available in the payroll and Manager's offices. 13.1 PERSONNEL RECORDS Article 13: EMPLOYMENT PRACTICES The Borough Manager shall provide and maintain central files for records of the personal and work history of each employee in the Borough service. No personnel files shall be maintained elsewhere in the Borough either by the Manager or department heads. Employees shall have access to their own confidential personnel file in the Human Resources Department at reasonable times in the presence of the Human Resources Officer or designee. omployco's immediate supervisor and department head, tho personnel and •_ e- _e• . •.__ Borough Managor.Prior approval by the Borough Manager is required to access personnel files by other than the employee's immediate supervisor and department head, Human Resources Officer or designee, or the head of a Borough department in which an employee has applied for promotion or transfer. Except as provided by law or required by a court order, all other persons or entities are barred from reviewing an employee's personnel files without the employee's written consent and upon written approval of the Borough Manager. Additionally: 1. Employees will be allowed access to their personnel files without the permission of their supervisors. 2. Employees will not be allowed to remove their personnel files from the office; however, employees may request copies of documents from their personnel files and these copies may be removed. Page 40 3. Supervisors will not be notified when employees request access to their personnel files. 4. All copies of Disciplinary Action Memos removed from a personnel file shall be returned directly to the affected employee, provided that a record shall be maintained that a Disciplinary Action Memo had been filed but was removed. 5. No supervisory employee(s) will retain copies of Disciplinary Action Memos removed from an employee's personnel file. Medical records shall be safely secured and kept separate from the employee's personnel file. Access to these files shall be restricted to the Manager, personnel assistantHuman Resources Officer or designee and the employee. Such records shall not be released for any reason other than a medical emergency, in which event they may be released to a licensed health care practitioner, unless the employee gives written consent allowing the release of his /her medical file. 13.2 PAYROLL PROCEDURES It is the policy of the Kodiak Island Borough to pay employees by check or by voluntary written authorization for direct deposit (as available) on a regular basis and in a manner so that the amount, method, and timing of such payments comply with any applicable laws or regulations. Employees will normally be paid on Friday on a biweekly basis. If the regular payday occurs on a holiday, employees will be paid on the last working day prior to the regular payday. Employees on each payday will receive, in addition to their check or deposit advice, a statement showing gross pay, deductions, and net pay. Local, state, federal and social security taxes will be deducted automatically. No other deductions will be made unless required or allowed by law, contract, or employee written obligation. Employees may elect to have additional voluntary deductions taken from their pay only if they authorize the deductions in writing. When an employee separates from the Borough any wages due shall become payable immediately and shall be paid separation pursuant to AS 23.05.140(b), as that provision may be amended from time to time. • NOTE: As of January 1, 2009 Alaska Statute 23.05.940(b) reads as follows: "...If the employment is terminated by the employer, regardless of the cause for the termination, payment is due within three working days after the termination. If the employment is Page 41 terminated by the employee, payment is due at the next regular pay day that is at least three days after the employer received notice of the employee's termination of services. 13.3 TIME SHEETS Copies of the employee's time sheets shall be made available, upon request, by the employee or his /her designee. 13.4 PAY CHECK ERRORS In the event an employee disputes the amount of any compensation on his /her paycheck, the employee shall notify the Borough's designated payroll representative. The Borough shall rectify any verified paycheck errors upon receipt of such notice. Paycheck errors of Tess than 5% of gross pay shall be rectified on the next paycheck. Paycheck errors that are over 5% of gross pay shall be rectified within 3 working days after such notice. 13.5 MOVING EXPENSES FOR NEW EMPLOYEES The Borough Manager may specify positions in high demand and short supply requiring moving expenses for the purpose of accepting employment with the Borough, upon approval of the Borough Assembly. Such positions may be reimbursed for actual and necessary expenses under the following conditions: a. The employee must be appointed to a position for which the Borough Manager certifies that such expenditure is necessary to recruit qualified employees. b. The maximum reimbursable for an employee shall be determined at the time of employment in accordance with current costs not to exceed the equivalent of one month's salary. c. New employees who are assisted with their moving expenses shall be required to sign the following Transportation Agreement prior to employment. The Transportation Agreement shall stipulate that the employee will reimburse the Borough for all or part of such expenditures in the event he or she voluntarily leaves Borough service, or is discharged for cause, within a period of two (2) years according to the following schedule: 100% - Less than twelve (12) months 75% - Twelve (12) but less than eighteen (18) months 50% - Eighteen (18) but Tess than twenty -four (24) months Page 42 d. New employees may not be given an advance against moving expenses without prior written approval of the Borough Manager. e. It is the responsibility of the appointing authority to see to it that prospective new employees are aware of pertinent limitations of these regulations before a move is made. f. New employees shall be advised by the appointing authority of dollar limitations, the need for itemized receipts or invoices, the meaning of the Transportation Agreement, and other pertinent matters prior to their move. 13.6 TRANSPORTATION AGREEMENT The Kodiak Island Borough and hereby enter into this agreement concerning transportation costs. The Kodiak Island Borough agrees to provide an amount not to exceed $ (a maximum of one month's salary for above noted employee) to partially defray the transportation costs of a move from . Actual receipts will be provided to substantiate the above amount of funds. In return, agrees to remain in the employment of the Kodiak Island Borough for a period of two years. The above named employee will reimburse the Borough for all or part of such expenditures in the event he or she voluntarily leaves Borough service, or is discharged for cause, within a period of two (2) years according to the following schedule: 100% - Less than twelve (12) months 75% - Twelve (12) but less than eighteen months 50% - Eighteen (18) but less than twenty -four (24) months At lease -least two years of employment with the Kodiak Island Borough results in full forgiveness of any obligation to repay the Kodiak Island Borough. This agreement is effective on this day of , 20 Manager, Kodiak Island Borough Signature of Employee Page 43 13.7 CLOTHING ALLOWANCE Where special clothing or a uniform is required for the position, a clothing allowance payable quarterly shall be allowed. The yearly amount to be paid shall be based on the cost of the required clothing as determined by the Borough Manager. The payments shall be made on the first regular pay day of each quarter. All payments will be in accordance with current I.R.S. regulations. 13.8 BOROUGH VEHICLES The Borough maintains pool cars for official travel of its employees. These vehicles are to be used for Borough business only and shall not be used for private trips. Hitchhikers are not allowed to ride in Borough vehicles. No one shall operate a Borough vehicle without a current and valid driver's license. In accordance with Ordinance 90 -17, there will be no smoking in any Borough vehicle. 13.9 PRIVATE AUTOMOBILE USAGE On rare occasions it may be necessary and prudent to use a private automobile in the performance of official duties. Reimbursement for such travel will be at the current prescribed rates as determined by the Internal Revenue Service. No employee will be paid mileage allowance for travel between his normal place of duty and his residence. Some on -call personnel are provided with the use of official vehicles as deemed necessary by the Manager or his designee. 13.10 GIFTS AND GRATUITIES It shall be the responsibility of each Borough employee to remain free from indebtedness or favors which would tend to create a conflict of interest between personal and official interests, or might reasonably be interpreted as affecting the impartiality of the individual employee. If an employee is tendered or offered a gift or 1 gratuity (de minimis, under $100, gifts will not be subject to this section) which would, in the eyes of the public or in the eyes of public officials, be construed to be an attempt to bribe, influence, or to encourage special consideration with respect to Borough operations, such offer shall be reported without delay to the Borough Manager. Any 1 person either offoring soliciting or receiving such a gift, gratuity, consideration, or extraordinary favor will be subject to the disciplinary procedure. Page 44 13.11 PROFESSIONAL ORGANIZATION DUES The Borough will pay dues to one approved professional organization for each professional member of the staff, where such professional organization is for the purpose of improving personal abilities and qualifications. 13.12 EMPLOYMENT OF FAMILY MEMBERS No person may be employed in a position supervised by a family member. Additionally, family members shall not be placed in a position such that one member has authority to approve the work, personnel documents, expense account, or time records of another family member. An exception to this rule will be made if requested by the Borough Manager and approved by the Borough Assembly. Family members shall be described as follows: spouse, father, mother, brother, sister, son, daughter, step- mother, step- father, step- brother, step- sister, stepson, stepdaughter, father -in -law, mother -in -law, brother -in -law, sister -in -law, son -in -law, daughter -in -law, and grandparents. A) If two employees marry who are employed in any position in which the office or employee may be able to directly or indirectly supervise, control or influence the work or employment status of the relative or the affairs of the organizational unit in which the relative is to be employed, they shall give immediate notice of the marriage to the Manager. At an appropriate time, the least senior of one of the spouses may be transferred to another assignment within the Borough. The decision to transfer shall not: 1) Alter the transferring spouse's salary and /or benefits, and 2) Alter the seniority standard described above. B) If one of the spouses agrees to a voluntary transfer, the seniority standard for involuntary transfer shall not apply. C) It is agreed that if a Borough employee is to be transferred as a result of this provision and there is no comparable position available that the Manager may use his discretion in making reassignment of the individual. However, the employee shall suffer no loss in salary, benefits, or seniority. 13.13 OTHER EMPLOYMENT No employee shall engage in any other employment, whether public, private or self - employment, during scheduled work hours, nor outside scheduled work hours if such employment conflicts with the Borough's interests or adversely affects the employee's availability and usefulness. Page 45 13.14 TRAVEL Employees who are traveling out of town on official business will be reimbursed for reasonable expenses by the Borough. The Borough will provide for and /or reimburse the employee for transportation costs. Transportation will normally be by air and supplemented by such ground or water transportation as is necessary. All other costs incident to such travel, and of a normal and necessary nature will be reimbursed. Such expenses would include_ hotel rooms, auto rental, and telephone. Employees will be paid a per diem for meals equal to the amount listed in the current US Government Services Administration (GSA) agency schedule. It should be noted that for non- contiguous states (Alaska and Hawaii) the GSA uses the Department of Defense Rates. These rates can be found on the Federal Government web site at http: / /www.gsa.gov. The federal government regulations also specify that on the first and last day of travel, per diem will be 75% of the daily rate. When an employee is on official business not requiring an overnight stay, per diem will be 75% of the daily rate., and m al oxpensco )_ All employees on official travel are expected to incur only such costs as aro o contial to make every effort to minimize the cost of travel. Examples of costs that will not normally be reimbursed are first class air travel, gourmet meals, alcoholic beverages, party expenses, plush hotel suites, etc. Before embarking on any travel and prior to submitting travel - related check requests for purchase orders, employees must submit a Travel Authorization Form (see sample form in Appendix B — Forms Section). Hotel rooms will generally be reserved and paid using the purchase order system. Reimbursement may be requested for hotel rooms with proper receipt submittal. An 1 advance :e. .: • : ..:: :. : • - - - for per diem can be requested prior to travel. 13.15 STRANDED WHILE ON BOROUGH TRAVEL If due to inclement weather or other adverse conditions, employees traveling on Borough business become stranded away from their Kodiak office location the following will apply: A) The employee will not suffer a reduction in wages or benefits as a result of being unable to return to his /her principal work location. B) The employee will be provided with room, as outlined in Section 13.14 above, and necessary transportation at the Borough's expense. Page 46 C) The Borough will reimburse the employee for any other reasonable, necessary expenses they would not normally have incurred had they been in Kodiak. An example of such an expense would be reimbursement for any childcare expenses that might result from the employee being stranded away from Kodiak. The above will not be reimbursable if an employee has extended his /her travel time in any way for personal reasons and becomes stranded due to taking a later flight than would have been required when the Borough business was completed. 13.16 SAFETY It is a fundamental responsibility of the Borough to provide a safe work environment for its employees. It is a fundamental responsibility of the employees to abide by all safety rules and regulations and to continuously practice safety while performing their duties. The Borough will furnish such safety devices and first aid kits as may be needed for the safety and proper emergency medical treatment of employees. Employees shall use personal protective equipment as may be prescribed by State or Federal standards or the Borough. It is the responsibility of each employee to report any unsafe situation to the supervisor immediately upon recognition of the unsafe situation. 13.17 SAFETY COMMITTEE A safety committee composed of two (2) representatives from the bargaining unit appointed by the Union and two (2) representatives from the Borough will review safety programs, training, and procedures. The committee will have the right to: a. Recommend specific safety programs and training to be presented to the employees. b. Recommend corrective action for unsafe practices, procedures and devices. 13.18 PROHIBITION OF SMOKING Per Ordinance No. 90 -17, adopted on 05/03/90 by the Kodiak Island Borough Assembly and effective on July 1, 1990, all Kodiak Island Borough buildings and offices are non - smoking areas. 13.19 DRUG -FREE WORKPLACE As a condition of employment, all employees are required to sign and abide by the Kodiak Island Borough's Drug -Free Workplace Policy. In accordance with this policy, any employee who unlawfully manufactures, distributes, dispenses, possesses or uses Page 47 a controlled substance in the workplace or during working hours is subject to disciplinary action up to and including immediate dismissal. Any employee reporting to work under the influence of alcohol, drugs or intoxicants is subject to disciplinary action up to and including immediate dismissal. 13.20 POLITICAL ACTIVITIES No provisions or part of this Agreement shall abridge the statutory or constitutional rights of any employee to engage in any legal political activity. Provided, however, no employee shall, directly or indirectly, during his /her hours of employment, solicit or receive funds, or at any time use his /her authority or official influence to compel any other employee to apply for membership in or become a member of any organization, or to pay or promise to pay any assessment, subscription or contribution, or to take part in any political activity. Article 14: NO STRIKE — NO LOCKOUT 14.1 NO STRIKE, SLOWDOWNS, OR LOCKOUTS This Agreement is a guarantee by both parties that there will be no form of strikes, slowdowns, or lockouts during the life of this Agreement. 15.1 GRIEVANCE PROCEDURE Article 15: GRIEVANCE PROCEDURE Section 1. Complaints or Discussions. While not considered a grievance as defined hereafter, employees and /or the Union Stewards may engage in informal discussions with Management to attempt to settle or prevent problems prior to a formal grievance in writing, being filed. Section 2. Grievance Definition. A grievance is hereby defined as a claim violation, misinterpretation, inequitable application, or non - compliance with the provisions of this Agreement or any supplemental agreement. A grievance shall be in writing, and shall include the following: a. The nature of the grievance and the circumstances out of which it arose, including the date of occurrence or the date when the grievant(s) became aware of the problem. Page 48 b. The remedy or correction the Employer is requested to make. c. The section or sections of the Agreement relied upon, or alleged to have been violated. d. The signatures of the grievant(s) and the shop steward. e. The date the statement of the grievance was prepared. Section 3. Procedure. All grievances shall be presented to the employee's immediate supervisor as soon as practicable but in no event later than ten (10) working days. Step One. Within ten (10) working days after written presentation of an alleged grievance, the effected employee and /or employees, and the Shop Steward shall discuss the written grievance with the designated management representative for the work function to which the employee or employees are assigned, in an effort to resolve the dispute or difference. Within these ten (10) working days, the Employer will reply, in writing, to the Shop Steward. If this reply is unsatisfactory the alleged grievance may be moved to step two, provided written notification of such move is made within five (5) working days following the receipt of the management's step one response. Step Two. Within ten (10) working days after receipt of the notice from step one, the Union Business Representative and the Manager shall meet and discuss the alleged grievance. The Employer shall respond in writing to the Union within these ten (10) working days. Section 4. Arbitration. Grievances which have not been settled under the foregoing procedure may be appealed to arbitration via the personnel office within ten (10) calendar days from the date of the answer in step two, or if the grievance is not appealed to arbitration it shall be considered terminated on the basis of the second step answers of the parties without prejudice or precedence in the resolution of future grievances. If a request for arbitration is tendered, the Union and the Employer shall confer within five (5) working days to agree on a mutually acceptable Alaskan arbitrator. If no agreement can be reached, the parties shall select an arbitrator by the striking method from a list of ten (10) arbitrators supplied to the parties by the American Arbitration Association (AAA). The Arbitrator shall be selected within (5) working days. The order for striking shall be determined by a toss of a coin. The Union Representative shall toss the coin and the Management Representative shall call out his choice. Arbitration shall Page 49 commence as soon as possible following the appointment of the arbitrator. The applicable fees and expenses of the arbitrator shall be borne equally by the parties. Each party shall be responsible for the expenses of its own witnesses and any other expenses incurred on behalf of that party. Section 5. Authority of the Arbitrator. The arbitrator shall conduct a hearing according to generally accepted standards and procedures for grievance arbitration. The arbitrator shall have no authority to add to, alter, delete or modify the labor agreement or to issue any award on a matter not raised in the complaint. The decision of the arbitrator shall be final and binding on all parties. Section 6. Time Limits. Failure of either party to act within the time schedule set forth in this procedure without the express written agreement of the other party will be considered a default and the grievance shall be considered to be settled in favor of the non - defaulting party. The parties may mutually agree in writing to modify the time limits at any step of the grievance procedures. The mailing of the grievance appeal or response shall constitute a timely appeal or response if postmarked within the appeal /response period. Both parties will provide the other with a list of designated representatives and addresses. In the application of this article, "working days" shall exclude Saturdays, Sundays, and holidays recognized by this Agreement. Nothing in this section shall be construed to prevent settlement of a grievance by mutual agreement of the parties at any time. 16.1 UNION REPRESENTATIVES Article 16: UNION REPRESENTATIVES Duly authorized representatives of the Union shall be permitted to enter into the Employer's premises during normal business hours for the purpose of investigating grievances and performing other essential functions as representatives of the bargaining unit. Essential functions are defined as the following: a) Ensuring compliance with the Agreement b) Investigating grievances c) Negotiations d) Investigation of safety issues e) If invited by the Borough Manager or his designee f) Employee representation within terms of Agreement Page 50 The Union agrees to notify the Borough's designated representative prior to any such visits. It is not the intent of the Union to disrupt work functions and it is not the intent of the Employer to limit the Union in its rights. 16.2 SHOP STEWARD There shall be three (3) Shop Stewards appointed by the Union. The Shop Stewards will be selected from non - supervisory positions. The Union shall promptly notify the Borough of the names of the Shop Stewards and shall notify the Borough whenever changes occur. Section 1. Definition of Duties. The duties and activities of the Shop Stewards shall include handling of complaints and grievances, administration of the Agreement, Union orientation of new employees and other duties as mutually agreed upon by the parties. Section 2. Scheduling of Activities. The Shop Steward positions are working personnel, and as such the Shop Stewards shall arrange with their appropriate supervisors, mutually agreed to times to conduct Union activities. The Shop Steward may spend a reasonable amount of time during working hours, without loss of pay, to handle grievances and other duties and activities as mutually agreed upon by the parties, pertaining to their areas of appointment. Shop Stewards will not be terminated until the Borough Manager has notified the Union stating the cause for termination. 17.1 UNION SECURITY Article 17: UNION SECURITY All employees coming under the terms of this Agreement are required by the Union to maintain their membership in good standing for the life of this Agreement and any renewal thereof. The Union shall be responsible for the enforcement of any Union membership requirements. The Borough will have no enforcement responsibility for Union requirements. 17.2 DUES DEDUCTION During the term of this Agreement, the Employer shall deduct from the wages of employees covered by this Agreement the membership dues or equivalent service charge for those employees who individually and voluntarily authorize such deductions in writing by signing an authorization for payroll deduction of Union dues. Deductions will be submitted by check to the IBEW L.U. 1547 each month with a list of individual Page 51 names and amounts withheld. The Employer will not be held liable for deduction errors but will make proper adjustments with the IBEW L.U. 1547 for any errors as soon as possible. The Union agrees that the Employer assumes no responsibility in connection with deduction of monies except that of forwarding monies deducted as set forth in this Article. The Union shall indemnify the Employer and hold the Employer harmless from any and all claims against the Employer for the amounts deducted and withheld from earnings. 17.3 GOOD STANDING WITH UNION All employees of the Borough coming within the classifications covered by this Agreement are required by the Union to be members thereof in good standing and shall share in the cost of maintaining and operating the Union as their collective bargaining agency in accordance with its rules. The Borough recognizes the Union reserves the right to discipline its members for any violation of Union laws, rules or agreements. The Union may go to court to collect dues, fees, assessments, or their equivalents, which are owed to it by a Borough employee. The Borough recognizes that should the Union incur attorney fees or costs as a result of a successful collection action against a Borough employee, the employee must reimburse the Union for the full amount of the Union's attorney fees and costs, as ordered by the court. A Borough employee's employment status with the Borough will not be affected if an employee is delinquent in his or her financial duty to the Union. 17.4 POSTING OF AGREEMENT A copy of this Agreement shall be posted on the bulletin boards at each IBEW represented facility by the Union or its representative where it may be readily referred to by employees. 17.5 BULLETIN BOARDS The Borough shall permit the Union to use reasonable space on designated bulletin boards furnished by the Borough at each IBEW represented facility for the purpose of posting officially signed Union bulletins and notices. 17.6 UNION ACTIVITIES No Union activity shall be conducted during the Employer's working hours, except as specifically provided in this Agreement. Page 52 Article 18: NON - DISCRIMINATION /EQUAL EMPLOYMENT OPPORTUNITY 18.1 NON - DISCRIMINATION /EQUAL EMPLOYMENT OPPORTUNITY The parties are committed to the principle of equal employment opportunity in all employment practices. Employees shall not be discriminated against with respect to compensation, terms or conditions of employment because of age, sex, sexual orientation, marital status, changes in marital status, pregnancy or parenthood, race, religion, color, national origin, union activity or disability. 19.1 EFFECT OF AGREEMENT Conformity to Law If any article of this agreement is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article is restrained by such tribunal, the remainder of this agreement shall not be affected thereby. The parties agree that any portion of this agreement rendered invalid by operation of law or by any tribunal of competent jurisdiction will be automatically amended to comply with the law or tribunal ruling. If the court order is not specific in terms of how the invalidated article should apply then the parties hereto agree that within thirty (30) calendar days after a provision has been declared invalid, they will commence negotiations with regard to such invalidated provision(s). In the event the parties do not reach agreement on contract amendments with regard to the invalidated provisions; the matter shall be submitted to arbitration in accordance with the procedures set forth in this Agreement. 19.2 SUCCESSORS AND ASSIGNS Article 19: GENERAL PROVISIONS This Agreement shall be binding upon the successors and assigns of the parties hereto for its term. 19.3 PRODUCTIVITY It is recognized by both the Borough and the Union that providing the most efficient service to the taxpayer is of utmost priority. The Union recognizes that the establishment of productivity improvements to ensure efficiency is the right and obligation of the Borough. The Borough agrees to inform the Union of the implementation of any new productivity improvements. Page 53 19.4 IMPASSE PROCEDURE a. Upon written request for mediation by an employee bargaining agency or the Assembly, and upon certification by the requesting party that the parties cannot agree on an independent private mediator and that good faith negotiations have terminated in an impasse, the following occurs: 1. Within seven (7) days of the certification, the requesting party shall ask the United States Federal Mediation and Conciliation Service to serve as the agency to resolve the dispute. In the event the Federal Mediation and Conciliation Service implements charges for the services of the Federal Mediator, charges for such mediator would be borne equally by the parties. 2. The mediator shall chair all mediation meetings between the disputing parties and attempt to resolve the differences between the disputing parties and reach common acceptance of terms and conditions or other items in dispute, wherever possible. 3. Within thirty (30) days of the initial meeting of the parties to dispute, the parties shall have reduced all the agreed terms, conditions, and other items to a written contract. If mutually agreed, the period for reporting the contract to both parties may be extended. 4. Each party to the dispute may select a team of not more that five (5) persons to present the evidence, thinking and position of the group they represent to the mediator. b. If the mediation meetings are held during the workday, employees representing an employee bargaining agency shall be released from normal duties without penalty or loss of pay. The Borough will be reimbursed by the bargaining agency for the straight time wages for time spent on mediation activities. c. Solutions for Agreement 1. Within ten (10) days, each party of the dispute shall accept or reject in total the mediation solutions for agreement. 2. If rejected by either party, the mediator shall have an additional five (5) days to review the objections and recommend any final solutions. 3. If the solutions are rejected by either side, each party shall reduce to writing its last best offer and submit it to an Employee Relations Board which shall review the issues and which shall choose either the Borough's Page 54 or the Union's last offer or a compromise position between the two offers. The Board shall recommend its position to the two parties as the solution to the disputed language of the Agreement. 4. The Employee Relations Board shall consist of three members. One member shall be appointed by the Manager and confirmed by the Borough Assembly. One member shall be appointed by the Union. The third member shall be chosen by and mutually acceptable to the other board members. Members of the Employee Relations Board must be residents of the Borough. Members of the board may not be elected officials, employees of the Borough, nor members of any labor organization which represents, or is attempting to represent Borough employees. 5. The parties agree to meet and discuss the Employee Relations Board findings within ten (10) days of its receipt and resolve the dispute. 19.5 SCOPE OF AGREEMENT This Agreement shall cover and apply to all work that has been traditionally performed for the Borough by bargaining unit employees in the classifications set forth in this Agreement as well as any new work that would emerge as a result of new technology. 19.6 NOTICES Notices required under the provisions of this Agreement, unless otherwise specified, shall be served by the Employer to the designated Business Representative, International Brotherhood of Electrical Workers, Local Union 1547 (IBEW), 3333 Denali Street, Anchorage, Alaska 99503, for service upon the Unions; and to the Borough Manager, Kodiak Island Borough, 710 Mill Bay Road, Kodiak Alaska, 99615, for service upon the Employer. The date of receipt of such notices shall be the controlling date for the purposes hereunder. Each party shall promptly inform the other of any change in the addresses set forth in this section. 19.7 COMPILATION OF AGREEMENT A final report of the Agreement shall be compiled by the Borough and presented to IBEW for review and agreement on format. Before printing, a cost estimate will be prepared by the Borough and presented to IBEW for review. If the cost estimate is unsatisfactory to IBEW and IBEW can obtain a lower cost for the printing, then IBEW will assume the responsibility for printing. The cost of this printing shall be borne equally by the IBEW and the Borough. Page 55 19.8 NEGOTIATIONS PROCEDURE a. Negotiations may be requested by either party prior to August 15 of the fiscal year in which the contract may expire. Such negotiations shall begin no later than September 1 of the same fiscal year. Meeting shall be held as necessary at times and places agreed upon by the parties. b. Requests for negotiations from the IBEW will be made directly to the Manager. Requests for negotiations from the Borough representative shall be transmitted through the Manager to the IBEW designated representative. Negotiations shall be conducted between September 1 and November 30. It is mutually agreed that the negotiations cannot be held prior to September 1 without the concurrence of both parties. c. After negotiations have been undertaken, this agreement will remain in full force and effect so long as the parties continue to bargain together in good faith; provided, however, that the agreement which results from such negotiations will be effective as of the expiration date of this Agreement. d. The negotiating meetings may be held in closed session upon mutual agreement of both parties, but all final agreements shall be made at a public meeting of the Assembly. The first meeting will be held in closed session. The ground rules will be developed and signed -off prior to the beginning of formal negotiations. During this first meeting the IBEW and the Ascombly Borough Manager will designate team members and spokespersons for the pending period of formal negotiations. Also, at this time, each party will submit a listing (table of contents) of each item it wishes to place in the new agreement. No item will be the proper subject for negotiations unless contained in either list. Each itom Iictod will bo classified a) unchanged, b) changod, c) dolotod, or d) now. During tho courso of this negotiated. e. Negotiating Team: No more than seven (7) designated representatives of the Assem Borough Manager plus a spokesperson will meet with no more than seven (7) representatives of the IBEW plus a spokesperson for purposes of negotiations. All negotiations shall take place exclusively between the designated representatives of the parties. Page 56 f. Consultants may be called upon by either party and utilized on the negotiation of any matter being considered by the negotiation committee. The party employing such consultants shall give notice of their intent to use such consultants in the meeting prior to their use. Consultants shall present only factual information. Costs and expenses resulting from the use of services of such consultant shall be borne by the party engaging their services. g. The Borough and IBEW agree to participate in "good faith" negotiations. h. The Borough and the IBEW agree that all matters of wages, hours and other terms and conditions of employment shall be considered proper items for negotiations. i. The Agreement: When agreement is reached between the parties on all proposals, the proposed Agreement shall be reduced to writing and submitted to the bargaining unit for ratification within thirty (30) calendar days. After ratification by the bargaining unit employees, the Agreement shall be recommended to the Assembly. The Assembly will take action at its next regular or special meeting. Upon approval and after necessary action by the Assembly or its authorized agents, the terms of the Agreement shall be implemented. Resolving Differences: In the case an Agreement has not been reached in negotiations by January 1, the parties shall follow the impasse procedure. The January 1 deadline can be extended by mutual agreement. k. All dates may be changed by mutual agreement. 19.9 MEET AND CONFER The parties agree that they will meet and confer at reasonable times and places concerning this Agreement and its interpretation or any other matter of mutual concern and /or benefit to the employees of the Kodiak Island Borough. The parties further agree that either party may request, in writing, that the parties confer within fourteen (14) calendar days after the date of delivery of the request, which request shall specify the matter to be discussed. An inexcusable refusal to meet and confer in response to such request shall be a violation of this Agreement. There shall be no obligation on the part of either party to reopen, modify, amend or otherwise alter the terminology or interpretation of this Agreement or to make any other agreement as a result of any such conferences, nor shall the requirement for such conferences alter the rights or obligations of the parties under this Agreement. However, both parties agree to thoughtfully consider the concerns expressed by the other party on the stated issue. Article 20: TERM OF AGREEMENT Page 57 20.1 TERM OF AGREEMENT This agreement shall become effective at 12:01 a.m. of the first day of the month after both parties have signed this Letter of Agreement, it has been ratified by the bargaining unit and it has been approved by the Kodiak Island Borough Assembly. This agreement shall continue in full force and effect through and including midnight on December 31, 1 200-52011, unless amended according to the section titled "Amendment of Agreement" contained in the CBA. 20.2 AMENDMENT OF AGREEMENT This Agreement may be amended at any time by mutual consent of the parties hereto. Such amendment shall be reduced to writing and state the effective date. Article 21: LABOR - MANAGEMENT COMMITTEE 21.1 The parties agree to form a Labor - Management Committee. The Committee shall be composed of the Manager, or designee, and three (3) Management representatives and the Union Business Representative and three (3) bargaining unit representatives. The Committee shall select a chairperson from its membership. A quorum for Committee meetings shall be a simple majority of its members, and Committee recommendations shall be based on the majority vote of Committee members who participate in person or telephonically in the committee meeting. 21.2 The Labor - Management Committee shall meet quarterly at a date and time set by the chairperson during KIB business hours unless there is no business to conduct. Meetings generally will be held at the Borough building. Members of the Committee who are located elsewhere may attend and participate telephonically. 21.3 The Committee shall be empowered to consider and recommend improvement in KIB policies, practices, and procedures which affect bargaining unit employees, including but not limited to workplace safety, employee training, service to the public, benefit utilization and similar topics of mutual concern to the parties. The Committee is not a substitute for the Grievance and Arbitration procedures incorporated in this Agreement, and shall not be used for that purpose. Individual and class grievances shall be processed through the Grievance and Arbitration procedures. 21.4 The Employer shall give consideration to recommendations regarding matters of management prerogative, but shall not be required to implement such recommendations. Neither the Employer nor the Union shall be required to accept recommendations made by the Committee which would affect wages, hours and terms and conditions of employment covered by this Agreement, and implementation of any Page 58 such recommendations shall require the mutual written consent of the Employer and the Union. Page 59 By: By: Attest: INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS AGREED to this day of , 2009. Larry Bell, Business Manager Debra Blanchard, Business Representative William Bissett, Shop Steward Jeffrey Johnson, Shop Steward Martin Lydick, Shop Steward AGREED to this day of , 2009. Rick L. Gifford, Borough Manager LOCAL 1547 KODIAK ISLAND BOROUGH Nova M. Javier, CMC, Borough Clerk Appendix A Salary Schedule Effective 1/1/09 f-OO M V M0) 0)1■ 0) V (O0) OO) 'OO COO) Of0 d' O 00E- t∎ f0 ✓ N r r M r n V U) O 00 h O) M V '' M N (D I� '7 �t N. 1n 14) CO 00 ( O (D V 00 V 00 N (O r 00 CA M O N r O) M U) U) N 1■ O 0) O N r (4) v 00 00 N CO N � r O _ r- N `D Mr U ) (O (0 r R M 0)O o'1 CV. M n V -M � O ti HMO M V O V O Vr sr VC� �('� st U) yf ([)(n (A(n ua6 (Oh 6 r: N N N N (V w N N N N N N N N �pM 1'-00 M V M0) 0) 0) (00) 0O) V W (O 0) 0 t[ N Or 00� d U) r N M r n V O O 8 N- O) M 'd' M N (O h d' v I- (0 14) 00 00 CO h O V CO N •00 r CO 0) 01 U) 0) M U) 01 N 1- 0 0) O N r to 00 00 N CO O 0) r 0 p (O r r N O M r. 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O 00pp 0 N h 00 N O) OD O (D d' (A (0 N O u) n M n N O O O h N V u) CO O O h 0 O C Cp .- M O h a(O O O N O CO u) u) u) N n O N 00 aQ n u) 00 d_ rt n (n N O 0 h 0 V' r- N CO C l u) 0 0 O h 0i W c, US P: N ON r- M' u)'7 I-' a; e4 N O .- 0 C•1 O N h (M n 'ct h u) h (0 h ti n co 00 O) c0 0 .- a0 N a0 0 M O M M M M M M M M M rt n u) a0 9 ) ( (O O OO pp a0 N n oD N O O (O �t u) O N r O u) h 01 h Cl CO u) N rt h n N V u) CO O V. n u) (O O o 4. V M O h '3 CO ct O CO O N CO O 0 (An u) N h O N 00 (O h u) CO V n V� O u) h 00 O V (ri u) M CO '' 0p O^ N O M 7 u) M n N CO 0) N .- '- M h 7 O N Q (D co O (O �) O M c0 4') h co h d' h e n c n M n M Op 00 0 C O ;.- CO 00 1- Q 2 Q 1 Q= Q S Q S < 2 Q S Q 1 Q I Q 2 <= Q 2 Q S < i < m 0 0 0 o O o 0 0 0 0 0 0 o O o u) O u) o (n o u) o u, O o 0 u) o u) N M m Ti: sf 0 (4) ( 0 CO • I� ao a0 of 0) N N N N N N N N N N N N N N 01 M 4) m 0 There are several reasons for a 5% COLA. Kodiak Island Borough CPI vs. COLA 2009 COLA First, the cost of living in Kodiak has gone up considerably. The cost of living in Anchorage went up 4.63% in FY2008. Since FY2002 the Cost of Living in Anchorage has gone up 19% while the Borough pay scale has increased only 12 %. 2002 2003 2004 2005 2006 2007 2008 CPI amount of $1.00 —COLA amount of $1.00 $1.25 $1.20 $1.15 $1.10 $1.05 $1.00 There are a couple of items that went up even faster. From December 2005 to March 2008 (these were the only two dates available on the State web site) the cost of food at home went up at a rate of 8.6% per year. During this same timeframe the average price of a house increased 15.9% or 6.8% per year.. This has made it harder for the Borough to hire qualified employees. And when qualified workers are hired they are often hired at a step higher than A. When a worker is hired at a step at the end of the scale it is also hard to retain them. The City of Kodiak re- evaluated what they paid their employees last year. While they did not do a COLA per se they did increase the basic salary of each of their positions. The smallest increase was 4 %. KODIAK ISLAND BOROUGH PERSONNEL STATUS REPORT January 15, 2009 POSITION VACANCIES: • Senior Systems Analyst, MIS Department • Drafting Technician, Community Development Department • Accounting Technician/Payroll, Finance Department (this position will become vacant 2/6/09, we are currently advertising in house) WORK FORCE STATUS: 39 regular employees; 2 temporary employees 29 union employees; 12 non -union employees TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 22, 2009 REGULAR MEEETING ITEM NO: 13.A.2 Contract No. FY2009 -12 Upgrade of KIB Public Safety Radio Systems with Aksala Electronics, Inc. SUMMARY: The Kodiak Island Borough has been awarded the 2007 Public Safety Interoperable Communications Grant 2007 -GS -H7 -0025 from the Alaska Division of Homeland Security and Emergency Management. This grant will be used to upgrade current radios and purchase new radios where needed to upgrade the systems used by the Women's Bay Fire Station, Bayside Fire Station, Chiniak EMS First Responders, Providence Kodiak Island Medical Center, Kodiak Island Search and Rescue, Kodiak Island Borough Landfill, and Kodiak Amateur Radio Emergency Services. This project will upgrade all radios to an AES encryption system so that they are compatible with the Kodiak City and new Coast Guard Radio systems. This action requests approval of a sole source contract with Aksala Electronics to upgrade KIB Public Safety radio systems. Sole source approval is requested because Aksala Electronics was the original vendor for the radio equipment to be upgraded. Aksala Electronics has all the necessary programming and frequency information already in their data banks for all radios. Aksala Electronics is also the only authorized Icom Radio dealer and maintenance facility in Kodiak. Going out to bid and awarding to another vendor would incur additional costs for travel, hotels, per diem, programming, and frequency coordination. Aksala Electronics has been our communications vendor for all past projects and is familiar with our needs and equipment. The grant award is based on estimates provided by Aksala for the project, which are the best prices available for the scope of work. The radio upgrade consists of reprogramming all of our radios so they are capable of using AES encryption. This is necessary because the City of Kodiak Public Safety radios are using AES encryption, and the Coast Guard will be converting their local Public Safety in the near future. During this programming upgrade all old legacy radios will be replaced with new P25 digital radios to meet current national standards for public safety radios. FISCAL NOTES: Account No.: 2007 Public Safety Interoperable Communications Grant #07PSIC- GR34037 Amount Budgeted: $70,320.00 Expenditure Required: $70,320.00 APPROVAL FOR AGENDA: d RECOMMENDED MOTION: Move to authorize the Borough Manager to enter into a contract with Aksala Electronics, Inc. for the upgrade of Kodiak Island Borough Public Safety radio systems for an amount not to exceed $70,320.00. THIS AGREEMENT, made this day of January, 2009, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Aksala Electronics, Inc. of Kodiak, Alaska, a Corporation, incorporated under the laws of the State of Alaska, its successors and assigns, party of the second part, hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to install the materials and to do and perform all the work and labor required for the upgrade and/or replacement of emergency services radio equipment for the Kodiak Island Borough, Kodiak, Alaska, for an amount not to exceed $70,320.00 and as described in the following Scope of Work. 1) Upgrade Chiniak EMS portable radios for AES encryption and new programming. 2) Upgrade Providence Kodiak Island Medical Center portable radios for AES encryption and new programming. 3) Upgrade and or replace Women's Bay Fire Station mobile and portable radios for AES encryption and programming. 4) Upgrade and or replace Bayside Fire Station mobile and portable radios for AES encryption and programming. 5) Replace Women's Bay Fire Station radio and encoder with new P25 compliant digital radio with AES encryption and programming, new encoder, new power supply, and new digital recorder. 6) Replace Bayside Fire Station radio and encoder with new P25 compliant digital radio with AES encryption and programming, new encoder, new power supply, and new digital recorder. 7) All old legacy radios shall be replaced with new P25 compliant digital radios. This contract commences January , 2009 and expires when the work is complete. The Contractor further covenants and agrees that the entire work shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America and its rules and regulations and in accordance with any applicable laws of the State of Alaska. Page 1 of 3 OWNER - GENERAL CONTRACTOR AGREEMENT e fr---raa6Y i.2. The Contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that all materials and labor shall be in strict and entire conformity in every respect with the Scope of Work included in this Agreement; and in case any of said materials or labor shall be rejected by the Borough Manager or his authorized representative, as defective or unsuitable, then the said materials shall be removed or replaced with other approved materials and the said labor shall be done anew to the satisfaction and the approval of the Borough Manager or his representative, at the cost and expense of the Contractor. To the fullest extent permitted by law, the Contractor agrees to defend, pay on behalf of, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers and others working on behalf of the Kodiak Island Borough against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the Kodiak Island Borough, its elected and appointed officials, employees, volunteers or others working on behalf of the Kodiak Island Borough, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this Agreement. 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 Agreement, the following policies of insurance. Failure to maintain insurance may, at the option of the Borough Manager, be deemed Defective Work and remedied in accordance with the Agreement. 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 Borough Manager. These certificates 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: Page 2 of 3 A . Workers' Compensation Insurance if applicable The Contractor shall provide and maintain, for all employees of the Contractor engaged in work under this Contract, Workers' Compensation Insurance as required by A.S. 23.30.045. The Contractor will be responsible for Workers' Compensation Insurance for any subcontractor who provides services under this Contract. This coverage must include statutory coverage for States in which employees are engaging in work and employer's liability protection not less than $100,000.00 per person, $100,000.00 per occurrence. B . Comprehensive (Commercial) General Liability Insurance with coverage limits not less than $1,000,000.00 combined single limit 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 $100,000.00 per person, $300,000.00 per occurrence bodily injury, and $50,000.00 property damage. 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 Agreement, and in all respects to complete said Agreement to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Contractor shall not assign this Agreement, 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 Agreement. 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 Borough and invoicing by Contractor. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority vested in him, has executed this contract on behalf of the Kodiak Island Borough, and the said Aksala Electronics, Inc. have hereunto set their hands and seals, the day and year first above written. KODIAK ISLAND BOROUGH CONTRACTOR By By Rick L. Gifford Borough Manager By Robert Himes Fire Chief Attest: By Nova M. Javier, CMC Page 3 of 3 Name: Curt Law Title: Owner TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 22, 2009 REGULAR MEETING ITEM NO: 13.B.1 Resolution No. FY2009 -17 Adopting a Federal Capital Improvement Projects Priority List for the Fiscal Years 2009 -2013. SUMMARY: This resolution designates the Borough's top seven federal legislative capital improvement project priorities for fiscal years 2009 -2013. These are projects that the Borough forwards to Kodiak Island Borough's congressional delegation in hopes of having the federal government provide part or all of the funding needed to complete these projects. FISCAL NOTES: Account No.: NA Amount Budgeted: NA Expenditure Required: NA APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -17. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2009 -17 Introduced by: Manager Gifford Requested by: Borough Assembly Drafted by: Special Projects Support Christiansen Introduced: 01/22/2009 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADOPTING A FEDERAL CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE FISCAL YEARS 2009 -2013 WHEREAS, a capital improvement program has been adopted by the Kodiak Island Borough Assembly that identifies the needs of the community over the next five (5) years; and WHEREAS, the Kodiak Island Borough has identified seven main capital improvement projects to submit to the Alaska Congressional Delegation for funding consideration. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's top seven federal capital improvement project priorities for fiscal years 2009 -2013 are as follows: 1. Kodiak - Near Island Research and Administration Facility Total estimated cost of the project $14,600,000 Federal Funding Requested $ 3,110,000 This project is a classic Federal- State -Local collaboration. ADF &G needs roughly 60% more space to conduct its science, management, and enforcement mission in the Gulf of Alaska region. There is a particular need for additional lab space to accommodate research. ADF &G's research is focused on Steller sea lion stocks, crab stocks, and ground fish. The new facility would be located on Near Island adjacent to the existing Kodiak Fisheries Research Center, a research facility dedicated to NOAA and University of Alaska research efforts on Borough land. The State of Alaska has committed roughly $5 million to the project, and an application to the Exxon Valdez Oil Spill Trustee Council is currently pending for $6.5 million. An additional investment of $3.1 million is necessary to finance this public infrastructure. This would be a major step forward in realizing Kodiak's long -term objective of developing a Federal -State collaborative marine science campus on Near Island. 2. Anton Larsen Dock (design, repair and construction) Total cost of the project $1,000,000 Federal Funding Requested $1,000,000 The Anton Larsen Floating Dock is located 18 miles from the town of Kodiak. It was originally constructed as a supply dock for work associated with the Terror Lake Hydroelectric Project. Instead of dismantling the dock upon the completion of the dam, the Borough became interested in it. It is a facility that is heavily used by residents of the rural communities of Port Lions and Ouzinkie, as well as those living on the island's west side. During the summer it is also used by charter boats and sports and commercial fishermen. This interest resulted from the boating public's desire for a safer route to the community of Kodiak through Anton Larsen Bay. A road leads to the City of Kodiak from this dock, bypassing the potential risk to loss of life and property that is huge when navigating around Kodiak Island Borough Resolution No. FY2009 -17 Page 1 of 3 Spruce Cape. Spruce Cape is one of the most dangerous stretches of water on Kodiak Island and many people risk navigating around this cape to receive essential services. The KIB improved the dock in 1995 by driving piles and refurbishing the floating dock structure. Much more needs to be done to replace the dock and piles and design an improvement to this important facility. 3. Womens Bay Emergency Shelter Total cost of the project $1,200,000 Federal Funding Requested $800,000 There is no emergency shelter in the Womens Bay Community. Womens Bay is located 8 miles from town and 2 miles from the USCG Support Center. Should there be a tsunami that destroys the roads, or a rock slide at the Pillar Mountain slide area or the Old Womens Mountain site, the community of 670 residents would be without support services. A logical location for an emergency shelter is adjacent and attached to the Womens Bay Fire House. This existing building acts as a community gathering center, but there is presently no additional space to respond to shelter needs in times of crisis. A proposed 2,500 square foot addition with an emergency generator is proposed at a cost of $1,200,000. 4. Kodiak Roads Total cost of the project $7,500,000 Federal Funding Requested $5,000,000 The Kodiak Island Borough has been struggling to meet the demand for maintaining its existing road system. Most of the population growth is occurring outside of the Kodiak city limits, falling within the Borough's jurisdiction. As this population increases, the dirt roads become increasingly unsafe and more expensive to maintain. Many of these roads are composed of compacted gravel topped with finer material. The local material used for road construction is slate that is quite soft and breaks down rapidly after being compacted by traffic, road maintenance, and snow removal. The road material presents a continuous struggle to maintain in a rainy climate, requiring frequent pot hole and drainage repair. During dry spells, fine airborne dust creates visibility hazards and respiratory health concerns. Additionally, children walk along the road corridors when going to school, and the decaying road surfaces present safety issues for them. SX Rezanof Drive Pavement Rehabilitation and Upgrade Total cost for the project: $10,000,000 Federal Funding Requested $10,000,000 Funding for this project would repair eight miles of ruts on Rezanof Dr. in order to extend the service life of the existing pavement on the state owned road, part of the Alaska Highway system. Approximately 8 miles of road from Abercrombie to the Coast Guard base have deteriorated with ruts and breaking pavement and is in need of serious repair which would include pavement overlay of the entire 8 miles. Rezanof Dr. is the route connecting Kodiak with the state -owned airport and the US Coast Guard base. Rezanof Dr. is a major thoroughfare and used extensively by citizens living on the road system on Kodiak Island from Abercrombie through the City of Kodiak and past the Coast Guard base. This road is owned and maintained by the State of Alaska Department of Transportation and Public Facilities and is listed as number 29 out of 100 worst roads in Alaska that need repair; no funding has been identified by ADOT &PF to make the necessary repairs. This road project is not included in the Statewide Transportation Improvements Program (STIP) and could be years away from receiving any federal -aid funds. Kodiak Island Borough Resolution No. FY2009 -17 Page 2 of 3 New High SchoolNocational Education Total cost for the project: Federal Funding Requested The existing Kodiak High School Complex was built in 1966 with several additions and renovations made throughout the years. The building is now functionally obsolete, is not energy efficient, and is overcrowded. This project will construct a new high school building on the present site, renovate the newest portion of the existing building for administrative offices, and demolish the remaining obsolete structures. The primary objective of this project is to design and build a new high school with a focus on current and future vocational and academic educational needs enriched by essential student activities and regional community involvement. This new facility would be built using the latest technology for energy efficiencies and sustainability. Approximately $23 million of the cost of this project is for vocational facilities that are needed for the Kodiak Island region. Funding for this project will come from a borough -wide bond sale which will include local contribution and state reimbursement. Given the State's responsibility to provide vocational education and training, and the significantly higher costs vocational facilities add to the new high school, the Borough is requesting legislative funding for the vocational portion of the new high school in the amount of $23 million. Section 2. The Kodiak Island Borough administration is hereby instructed to advise Congress and the appropriate agencies of the United States Federal Government of the Capital Improvement Project Priorities adopted by the Kodiak Island Borough Assembly. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS OF 2009 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH $115,300,000 $23,000,000 Jerome M. Selby, Borough Mayor Kodiak Island Borough Resolution No. FY2009 -17 Page 3 of 3 TITLE: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 22, 2009 REGULAR MEETING Resolution No. FY2009 -18 Adopting the Kodiak Island Borough Strategic Plan for the Years 2009 -2013. SUMMARY: The Assembly held a strategic planning session January 10, 2009 and the session culminated in the preparation of the attached resolution. RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -18. ITEM NO: 13.B.2 TITLE: Resolution No. FY2009 -18 Adopting the Kodiak Island Borough Strategic Plan for the Years 2009 -2013. SUMMARY: The Assembly held a strategic planning session January 10, 2009 and the session culminated in the preparation of the attached resolution. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 22, 2009 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 - 18. ITEM NO: 13.B.2 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2009 -18 Introduced by: Mayor Selby Requested by: Assembly Drafted by: Assembly Introduced: 01/22/2009 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING THE KODIAK ISLAND BOROUGH STRATEGIC PLAN FOR THE YEARS 2009 -2013 WHEREAS, the Kodiak Island Borough Assembly held a strategic planning session on January 10, 2009; and WHEREAS, this session culminated in the preparation of the Kodiak Island Borough Strategic Plan for the years 2009 -2013; and WHEREAS, the Kodiak Island Borough Strategic Plan outlines the Kodiak Island Borough's mission, vision, and guiding principles; and WHEREAS, the Kodiak Island Borough Assembly desires a formal adoption of the Kodiak Island Borough Strategic Plan; NOW THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH ASSEMBLY that the Kodiak Island Borough Strategic Plan for the years 2009 -2013 which outlines the Kodiak Island Borough's mission, vision, and guiding principles is hereby adopted. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2009 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough Resolution No. FY2009 -18 Page 1 of 1 NOW .4) ' DRAFT STRATEGIC PLAN (FISCAL YEARS 2009 -2013) Adopted by the Kodiak Island Borough Assembly Resolution No. FY2009 -18 KODIAK ISLAND BOROUGH'S MISSION, VISION, AND GUIDING PRINCIPLES I. MISSION To provide quality service to the public in a fiscally responsible manner while fulfilling Borough responsibilities and exercising powers required by Alaska Statute Title 29 and the Kodiak Island Borough Code of Ordinances. II. VISION The Kodiak Island Borough Government is trusted and respected as a leader in providing the highest quality of services to the public in a cost effective, efficient manner that is open, dynamic, and focused. III. OUR GUIDING PRINCIPLES • ACCESSIBILTY All citizens and employees throughout the Borough, regardless of abilities, will have ready access to our services and facilities. Language and culture will not be barriers. Our operations will be open to the public and will ensure fair and equitable treatment for all. • ACCOUNTABILITY We will ensure public funds will be administered as required by State and Federal laws, in a manner that maximizes services in balance with available resources. We will do so in full accordance with the law and in the public interest with the highest degree of integrity. • CUSTOMERS We will operate in a customer - driven manner both internally and externally with a focus on treating all persons with courtesy and respect. We will strive to provide the highest quality service and ensure customer satisfaction. • DIVERSITY We will treat all citizens with dignity and respect. We will demonstrate through our actions an understanding and appreciation for cultural diversity and individual Kodiak Island Borough Resolution No. FY2009 -18 Page 1 of 13 differences. Under no circumstances will harassment or discrimination of a sexual, religious, or racial nature be tolerated. • VALUED EMPLOYEES AND VOLUNTEERS We will enable and encourage employees and volunteers to self manage their work with the expectation that they are accountable for their decisions and actions. We will strive to provide and maintain quality - working conditions along with providing the resources necessary for success. While recognizing the importance of each member's contributions to the operation, we will nurture teamwork and recognize and reward hard work, creativity, and innovation. • PURSUIT OF EXCELLENCE We are committed to quality and excellence, will strive for continuous improvements and creativity, and will not be satisfied with "that's the way we have always done it." • MISSION - DRIVEN We will focus our efforts on the mission of the Kodiak Island Borough and not allow needless rules and bureaucracy to get in the way of accomplishing our objectives. Flexibility and responsiveness, with accountability, will be the principal boundaries of our operation. • INTEGRITY, LOYALTY, AND TRUST Ethical conduct is paramount and we will work to create an environment of trust and loyalty based on open, honest, and positive interactions with whomever we have contact. • STEWARDSHIP We are committed to and expect the most efficient use of the public's resources and will strive to maximize the life, value, and utility of the public property under our trusteeship. • TEAMWORK We will work professionally and cooperatively together as a team with a spirit of mutual respect to accomplish our mission, recognizing the important contributions and solutions each member can bring to the operation. IV. KODIAK ISLAND BOROUGH GOALS The Kodiak Island Borough was created as a regional government to serve the public by financing and administering the primary functions of Education, Assessment and Collection of Taxes, Land Use through Planning and Zoning, Mental and Physical Health, and General Administration. Other services include Solid Waste Collection and Disposal, Parks and Recreation, Economic Development, and Animal Control. It is our overall goal to provide these services in an efficient and cost effective manner, taking into consideration a staffing and funding plan that strives for public satisfaction. The following strategies are designed to accomplish these goals and are modified annually to be used as a foundation for the design and implementation of the Kodiak Island Borough's annual budget. V. KODIAK ISLAND BOROUGH'S CORE STRATEGIES Overall strategic theme: To build and maintain credibility, trust, and accountability to the public. We must continually work to improve our services and allocate our resources wisely. We must listen carefully to our citizens and to fully and effectively inform them of how our actions are addressing their needs and concerns. Kodiak Island Borough Resolution No. FY2009 -18 Page 2 of 13 Table of Powers MANDATORY POWERS A. Education B. General Administration and Finance C. Tax Assessment and Collection D. Planning and Zoning ADOPTED POWERS E. Emergency Services Planning F. Community Health (restricted area - wide)' G. Solid Waste Collection and Disposal (non area -wide, outside cities, except Kodiak) H. Parks and Recreation (non area -wide, outside cities) I. Economic Development (non area -wide, outside cities) J. Animal Control (non area -wide, outside cities) K. Road Maintenance and Construction (service areas) L. Street Lighting (service areas) M. Fire Protection and First Responder Emergency Medical Services (service areas) A. Education Goals and Objectives 1. Pursue increased funding at the state and federal level to offset the local cost for education. a. Maintain a vigilant and active lobbying effort to ensure a strong voice for education at the state and federal level. b. Continue to actively participate and support regional organizations such as the Alaska Municipal League and the Southwest Alaska Municipal Conference as vehicles for increased funding for education. c. Continue to support and pursue statewide Borough formation and school district consolidation in order to create a fairer distribution of the cost of education. d. Support legislative efforts to adopt a cost differential foundation formula program that will address the additional cost of education in rural areas. e. Encourage the Legislature to forward fund education. 2. Continue to improve on our positive and cooperative working relationship with the KIBSD to maximize efficiency and positive outcomes. a. Annually review all in -kind projects and operations prior to budget preparations by both bodies, and stipulate service types, levels and agreed costs and financial plans. b. Annually review with KIBSD all facilities and generate a comprehensive needs and condition survey for incorporation into Item A.2.a. which documents a short (one year) and long (six -year) plan to address funding, staffing, and projects that address any deficiencies for each facility. c. Create a long -term fiscal plan for budget purposes that deals with the contribution cap and the fiscal shortfalls projected that minimizes negative impacts on school district operations and ensures solid educational programs and adequate maintenance and operations of school facilities. d. Seek cooperative solutions to educational needs that are balanced, sustainable, and effective. This adopted power is restricted to Hospital and Mental Health services only. 1 Kodiak Island Borough Resolution No. FY2009 -18 Page 3 of 13 3. Continue with the current momentum towards addressing the physical condition and safety needs of educational facilities to ensure safe, healthy, and well- maintained facilities that are conducive to a positive learning environment. a. Develop and proceed with the planning, design, and construction of school and related capital improvements as approved by the voters. b. Continue to seek funding for student safety projects including safe student access to school facilities. c. Seek additional funding for capital improvements approved by the voters and not yet constructed due to significant construction cost increases since voter approval and sale of bonds. s:d.ln conjunction with the school district, develop program plans that will improve facility maintenance, renewal, replacement, and guide facility planning into the future. d-e. Develop a funding strategy that assures maintenance needs are adequately funded. e:f. Support vocational educational programs that address regional needs and include a cooperative effort between educational providers and employers. This endeavor could include renovating the existing voc -ed space to create a community voc -ed facility that is desiqned to integrate the program needs of the KIBSD and the Kodiak College in their efforts to prepare students for entry into the workforce. Continue to support vocational opportunities and training. e . -- - - - - • - --- -- ' -- - fgContinue to work with the Kodiak Island Borough School District in the "Career Pathways" program to ensure student needs are met and to coordinate with Kodiak College. B. General Administration and Finance Goals and Objectives 1. Create a long -term fiscal plan that incorporates KIBSD funding, renewal, replacement and maintenance costs for all Borough operations including enterprise funds. a. Create a long -term fiscal plan to produce a reliable and comprehensive plan reflecting assumptions and fiscal projections under the current fiscal and political environment. This plan should include sustainable and cost effective guidelines. 2. Continue to provide reliable and competent accounting services to all Borough operations -and departments and outside e eagencies. timely reconciliation of all a. Maintain timely reconciliation of all accounts. b. Pay all bills promptly. Prompt payment of all bills. Kodiak Island Borough Resolution No. FY2009 -18 Page 4 of 13 { Formatted: No bullets or numbering c. Prepare a comprehensive annual financial report that meets the standards of the Government Finance Officers Association. d. Prepare accurate and timely monthly financial reports. e. Keep accurate records of all Borough fixed assets. 3. To professionally manage the Borough's cash and investments, to include the corpus of the Facilities Fund. a. To Manage the Borough's investment portfolio to: i. Protect the investments of the Borough. ii. Provide liquidity to pay ongoing obligations of the Borough. iii. Provide interest earnings to help defray the use of property taxes. b. To monitor the banking agreement with our bank and issue and evaluate RFP's for banking services. c. To Be proactive in the detection and prevention of fraud. a. Continue to protect tho corpus account of tho Facilities Fund to offset tho need for- f Formatted: No bullets or numbering a. 1 Kodiak Island Borough 4. Provide a comprehensive risk management program for the Borough, including the school district. a. Identify all property that needs to be insured and determine appropriate values and deductable limits. b. Evaluate risk management coverage and financial condition of various insurers and re- insurers. subsidies for Assembly consideration.Prepare a budget each year for adoption by the Borough Assembly. b a. Ensure the Budget meets the standards set by the Government Finance Officers Association. b.Ensure atl -user fees cover the actual cost of providing the service unless a lower level of funding has been approved by the Assembly to minimize general fund subsidies of special services. 6. To Provide safe and efficient Management Information Services to staff and the Assembly 4:a. Assembly- Provide and evaluate new software and hardware for use by the Borough employees and Assembly. b. Insure safety of Borough records through timely and complete backups. 7. Maintain and expand our web site. manner that allows for interactive or two way oommooioations,The web site should allow public access to meeting schedules, agendas, packets, minutes, and review items. of media in a cost effective Resolution No. FY2009 -18 Page 5 of 13 b. The web site should allow public access to all Borough records that are not of a confidential nature. e -c.The web site should include access to a fully functional Geographic Information System that can be manipulated by layers to show trails, wetlands, land ownership evacuation plans and additional links to other public resources. d_ Use technology to increase communication between Kodiak Island communities. 8. Maintain and expand our comprehensive Geographic Information System (GIS). a. Extend the base map layer in the qeo database beyond the road system to include the entire borough. b. Synchronize the GIS map with the property records in the assessing department database, enabling the generation of maps displaying any given selection of legal or physical property characteristics. th -c.Set up a web server, to which the database will be copied nightly, giving the public continuous access to up -to -date property records and user - defined maps. 9. Collect all Borough receivables in a timely manner using a uniform criterion. a. Prepare and collect property taxes in an accurate and prompt manner. i. Maintain a low inventory of tax - foreclosed property through regular sales that minimizes negative community impacts. ii. Ensure all properties are reviewed and selected for documented public purposes prior to disposal in a timely manner. 3 - -10. Continue to work with municipalities and other service providers to increase efficiencies and cooperation that will lower costs to the citizens. a. Continue to pursue efficiencies by utilizing municipal services in a cooperative manner with all municipalities. b. Continue to review and evaluate all options for providing superior services through consolidation, annexation, unification or other methods that may maximize efficiencies. c. Enforce road service area powers and operations. d. Educate the public on how a neighborhood fits into service area powers and procedures. e. Establish a process that would develop roads in a cost effective manner. 4 -11. Continue to review and implement land management strategies for public owned lands. This includes land sales that are in balance with the real estate market and provide the transfer of developable public lands to the private sector in an equitable and cost - effective manner. Reserve KIB land for public recreation (hunting, hiking, berry picking, 4 wheeling, etc.). 1 Kodiak Island Borough Resolution No. FY2009 -18 Page 6 of 13 a. Evaluate all Borough land on a regular basis and conduct a sale of and that is appropriate for development and in demand. 5-12. Operate and maintain Borough facilities in a safe, healthy, energy efficient and attractive manner that creates a positive environment for the community and ensures safe and reasonable access for all citizens including the physically impaired. a. Ensure lease rates of Borough facilities generate sufficient revenues to pay for adequate operational and maintenance expenses. b. Identify and seek funding sources to evaluate Borough facilities to ensure earthquake survivability. c. Ensure that all Borough buildings are brought into ADA compliance during renovation. d. Work cooperatively with local government entities to develop a sustainable facilities replacement plan. d-.-e. Ensure that all borough buildings are brought to maximum energy efficiency. 6 -13. Develop and implement a methodology to systematically review and evaluate Borough operations. - - - - - -- - - • - -- - - -- - - - -- - - a. Strategic Planning Session. a-b. Review and update the Personnel Rules and Regulations. Conduct an Annual C. Tax Assessment and Collection Goals and Objectives 1. Continue to provide a comprehensive taxation and assessment program that is fair and equitable for all citizens that assesses values of all properties at market value and ement a. Review all forms of taxation to ensure 100% inclusion. b. Continue to review the property inventory to ensure that property descriptions valuations and -data are current and accurate. c. Conduct field visit and revaluation of another one -fifth of the properties in the borough, as part of the five year cyclical reappraisal program. d. Audit selected business personal property accounts for completeness and accuracy. 2. Review taxation options with an eye towards diversification of taxation in order to spread the tax burden as much as possible and provides adequate funding to accomplish the mission statement. a. Review policy that excludes property from taxation in road service areas if the property fronts on a state ROW. b. Review taxation policies on commercial tourism activities. for-the-Borough , the- ent♦rc borough. n the goo database beyond the road cyctcm to include 1 Kodiak Island Borough Resolution No. FY2009 -18 Page 7 of 13 { Formatted: No bullets or numbering 3. Complete the implementation of the new assessing and- property database and accurate conversion of data from the old database. a. Establish procedures to ensure consistency in data entry and management for quality control. b. Document all database functions as configured for Kodiak Island Borough. c. Specify and calibrate land, cost, and depreciation schedules. D. Planning and Zoning Goals and Objectives - Community Development 1. Develop a framework in creating a "sustainable Kodiak ", quantity of growth. -a. Provide a process to make Borough land available in balance with the private sector for quality growth to meet the demand of the community, b. Develop a work plan that addresses the health and welfare of existing neighborhoods by preventing their degradation and fosters their quality of growth through the revitalization of their infrastructure, public areas as well as encouraging private investment. c. Develop a "Borough Energy Plan" in coordination with State energy planning programs to address the high cost of fossil fuels with alternative energy sources but located in areas that do not cause impacts to adjacent homeowners. ,one that focuses on quality of growth over 1, -2. Create a quarterly joint review process with the Planning and Zoning Commission to review existing issues and new initiatives related to planning and zoning. a. Create an incremental training program and curriculum for Planning and Zoning Commissioners that addresses both the legal and community responsibilities of the Planning and Zoning Commission and recognizes the need for continued talent and expertise at this level. b. Facilitate the attendance of new commissioners to New Commissioners training programs, along with subscription services to appropriate planning books and periodicals along with building up the existing in_ house media library. c. Provide through the Borough clerk's office training for the proper and legal process for meetings to ensure fair and equitable treatment of Borough citizens. 3. Maintain and update the Comprehensive Plan on a regular basis with public input and review for update and incorporation of the various area plans. 4. Review existing zoning ordinances with a focus on minimizing the amount of zones where possible to mitigate confusion and simplify zoning administration. a. Review adopted subdivision codes (Title 16) and zoning districts (Title 17) to ensure that they are appropriate and focused on the needs and direction provided by the newly adopted comprehensive plan and provide a balance of uses. 1 Kodiak Island Borough Resolution No. FY2009 -18 Page 8 of 13 • { Formatted: Not Strikethrough t Formatted { Formatted: Font: Arial I Formatted: Indent: Left: 0.75 ", No bullets or numbering b. Periodically review the inventory of public and private land that is available for development by zoning district in order to determine whether there is adequate land within the various zoning districts to provide for the needs of all borough residents. c. Review and analyze area zoning to determine the need and potential placement of various zoning districts where needed to meet the diverse needs of all Kodiak Island Borough residents. d.Review codes and work with and encourage the private sector to develop quality gravel extraction sources for the community. 5. Develop a Transportation System that is multi -modal model and is interconnected with side roads that create a system that makes it easy to travel around the community. a. Review new subdivision development with regard to an eye—to impact of traffic generation to existing road system, bike trails, and public transportation. b. Review existing parking requirements that are consistent with a thriving downtown core area or other nodes of development. c. Incorporate pedestrian (bike and walking) trails along with new road construction. 6. Work with the U.S. Census Bureau to accurately as- passible account for all residents living in Kodiak during the upcoming census. a. Review U.S. Census Bureau maps to accurately identify the location of cities, villages, and other groups of residents (i.e. Russian Village, Village Islands, Bboat harbor residents) b. Coordinate with Census Bureau workers in their effort to locate houses, neighborhoods, or subdivisions. 7. Oil and Gas Programs a. Review and modify if necessary the "Tri- Borough Position Paper" on oil and gas drilling in the Shelikof Straits b. Incorporate into the Coastal Management Plan rewrite the ability to give the Borough the maximum authority possible to govern its own coastal zone and resources and to have a seat at the table on larger resource development issues that recognizes the local use of local fish, game and subsistence resources. c. Participate in the development of the Federal /State Kodiak 'Subarea Plan" that seeks to address Oil Spill and Hazardous Substance Release clean up, identifies sensitive areas around the island, develops a contact list of responders and develops Geographic Response Strategies (GRS) that develops tactics for addressing oil in specific areas. d. Support the sharing of Federal offshore oil and gas receipts with coastal communities to provide for planning and implementation of coastal related projects. 5.8. Continue to work towards high quality service delivery , - - Formatted: Font color: Red, Strikethrough levels by encouraging the efficient use of existing assets and by vigorously pursuing state /federal planning grants. a. Seek out and utilize other State and Federal planning programs and integrate them with existing Borough planning needs to maximize resources. a-b. Take a stronger enforcement stance with the creation of an enforcement officer position to enforce borough code including but not limited to only zoning violations, dumpster use violations, tree and other resource theft. 59. Monitor and review the Building Inspection Program to ensure a uniform, efficient, and cost effective program for the community. 1 Kodiak Island Borough Resolution No. FY2009 -18 Page 9 of 13 E. Emergency Services Planning — Community Development 1. Continue to work with the City of Kodiak and other emergency responders to provide +n providing up -to -date emergency plans. a. Continue to seek out and implement grant programs to aid in funding the update of emergency plans, responder's equipment purchases, and training opportunities. b. Provide opportunities to ensure that all emergency personnel and Incident Command Center staff are fully trained to perform their tasks in the case of emergency. c. Continue to educate the public as to responses and procedures in the cases of emergency. d. Review and updatee tsunami sirens on around Kodiak Island. F. Community Health Goals and Objectives 1. Create long -term facilities Master plan for the Counseling Center. a. Working with the consultant and advisory groups to create a long -term plan for health facility maintenance and construction to serve the needs and changing demographics of the community. b. Seek (Art additional gGrant des and other funding opportunities- 2. Seek to acquire sufficient land to support future Hospital growth that is reflective of the long -term facilities plan for the Hospital. a. Utilizing the Hospital Master Plan to seek to product of F. 1.a., seek to acquire sufficient land to serve any future construction needs. b. parkingWork cooperatively with Providence to replace the care center with a new facility that will meet the current and future needs of long -term care. C. Work cooperatively with Providence to complete tho community needs assessment:Work cooperatively with Providence to provide a rehabilitation service facility, a b� tteFfacility, and- possibly closer to the hospital., . d. Seek to research all options in order to provide quality health care to citizens of Kodiak Island. 3. Continue to advocate for appropriate full reimbursement of hospital costs and citizen medical expenses by the State, Federal government, and Coast Guard in a fairer manner. 4. Seek out additional grant and other funding opportunities. 5. Advocate for the best health care in a coordinated manner with Federal, State, and local agencies. 6. Work with other agencies in Kodiak to develop quality facilities for senior citizens. G. Solid Waste Collection and Disposal Goals and Objectives 1. Implement Consolidate existing plans athe comprehensive solid waste management plan that addresses the solid waste function for the next 20 to 50 years in an cost effectiveeeenemic and efficient manner. a. Continue to monitor the Solid Waste Rate Study. 1 Kodiak Island Borough Resolution No. FY2009 -18 Page 10 of 13 b. Identify future site and begin site control planning processes for landfill expansion are for - futura e- c.Continue to take steps that will extend the existing landfill site through comprehensive recycling and other means for as long as possible without going out of the current permitted area. h-d. Continue to investigate federal and state loans and grants to pay for lateral expansion and closeout of the existing "footprint" upon closure. e. Encourage KIBSD and Kodiak College to recycle waste and to add recycling education to their education programs. 2. Evaluate and analyze the recycling program to create a long -term participatory program and plan that is esenereisatty- sustainable. a. Adopt policy supporting reduction, re -use, and recycling of materials as preferable to landfill disposal b_ -Identify key sources of the waste stream and, through stakeholder and taskforco methods, address •: •• • •• .. ••e and costs of handling those items identified:Adopt policy and procedures requiring rate payers to recycle certain specified materials c. Develop a fee structure to give rate payers incentives to recycle i.e. "Pay- As -You- Throw" d. Commit to diversion goals of 25% by 2012 and 50% by 2020. la-e. Negotiate a solid waste collection contract that supports recycling and other diversion efforts to reduce the amount of solid waste in the landfill. such as- recycling: H. Parks and Recreation Goals and Objectives 1. Evaluate and identify those lands under Borough ownership that would be appropriate for developed or passive parks and recreation facilities, with a goal of a comprehensive Parks and Recreation Plan to guide future decisions. a. Review urban areas for potential neighborhood pocket parks in areas of growth. b. Develop standards for playground equipment and related improvements to ensure the highest degree of utility at the lowest reasonable cost c. Meet with the Parks and Recreation Committee on a quarterly basis. d. Retain access to public lands for the enjoyment of all recreation users. e. Create an interconnected system of multi use bicycle and pedestrian paths for all residents and visitors. This trail system should link schools, parks and trails with other destination points. Gf. Complete the Recreational Amenities ordinance. 2. Complete a road system trails plan using public participation and existing trails with a focus on a trail network that is interconnected and allows for minimum user conflict and maximum use by all citizens. a. Recnergize the Parks and Recreation Committee and complete a trail plan that is Kodiak Island Borough Resolution No. FY2009 -18 Page 11 of 13 a. The borough will maintain an inventory of the interconnected system of multi -use bicycle and pedestrian paths for residents and visitors. 3. Encourage the Parks and Recreation Committee to move ahead with conceptual plans for Mill Bay Park, End of the Road Park, and winter use of urban lakes. 3 4. Seek land acquisitions or trades that would provide more public access to lands on the road system. I. Economic Development Goals and Objectives 1. Maintain vigilance and effective participation in fishery politics and legislation that advocates for long -term preservation of landings of product to the Borough and ensures any environmental restrictions on fisheries are based on sound science and fairly reflect any socio- economic impacts on our region. a. Continue to work with the City of Kodiak and KFAC to pursue a comprehensive and effective program that leads to sustainable and economically productive fisheries that ensure the long -term health of the fishery habitat and ecosystem. b. Find and work with industry representatives that have a regional and cooperative focus to assist in the direction of efforts and resources in affecting fisheries policy and legislation. c. Determine and foster strategies to create a statewide force to offset negative, incorrect, or misleading information about fisheries. d. Create a Kodiak Fisheries and Oceanic Research Advisory Board to support a sustainable Kodiak fishing industry and community interests to enhance communication between Kodiak's public officials and research sector and to facilitate communication among state, federal, and university researchers in Kodiak. e. Work with Kodiak Chamber of Commerce and other entities to actively promote - Kodiak's seafood and other products. • 2. Procure and administer a consultant contract to develop an Island -Wide Transportation Feasibility Study 3. Encourage oppurtunites..-' - • • - - - - - - - development of increased airport capacity for economic 4. Continue to pursue high quality telecommunications access through fiber optics and Internet access to outlying areas. a. Ensure that telecommunications are integrated into the long -term plans that allow for maximum efficiencies and minimize redundancies through use of common easements and infrastructure. 5. Review ways to promote, encourage, and support the development of ;malt - -( Formatted: Font color: Red, Strikethrough businesses and /home businesses including those in the outlying communities. 7-6. Work with Kodiak Chamber of Commerce and Kodiak Island Convention Visitors Bureau to promote quality tourism growth. J. Animal Control Goals and Objectives 1 Kodiak Island Borough Resolution No. FY2009 -18 Page 12 of 13 Formatted: Indent: Left: 0.25 ", No bullets or numbering r Formatted: Indent: Left: 0.75 ", No bullets or numbering l Formatted: Font color: Red, Strikethrough J Formatted: Indent: Left: 0.25 ", No bullets or numbering 1. Continue to support a program that protects the public and animals in a cooperative cost effective and efficient manner. a. Continue to have the Community Development Department monitor the contract to ensure conflicts are minimized and public health and safety are maximized. 1 Kodiak Island Borough Resolution No. FY2009 -18 Page 13 of 13 December 10, 2008 Kodiak Island Borough Assembly 710 Mill Bay Road Kodiak, AK 99615 Service Area No. 1 Board 710 Mill Bay Rd Kodiak, AK 99615 Phone: (907) 486 -9343 Fax: (907) 486 -9394 RE: Recommendation to Service Area No. 1 Board The Service Area No. 1 Board met on Tuesday, December 9, 2008 at KFRC to review applications for the vacant one -year seat. One application was received, that applicant was Alan Torres. The Board recommends appointing Alan Torres to a one -year seat on the Service Area No. 1 7oar Sin Charlie Lorenson Service Area No. 1 Chair ith the term to expire October 2009. cc: Rick Gifford, KIB Manager Mayor Selby TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 22, 2009 REGULAR MEETING ITEM NO: 13.C.1 Ordinance No. FY2009 -14 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.10 Public Finance - Management and Accounting by Repealing Section 3.10.130 Education Fund. SUMMARY: Ordinance No. 96 -14 was adopted in October 1996 establishing an Education Fund for all education programs in the Kodiak Island Borough. The thought was that these monies would provide revenue for future education programs operating expenses. Based on actual settlement funds of approximately $1 million with a possibility of another $1 million of interest if additional litigation is successful, it is recommended that this section of the code be removed and repealed. Administering /maintaining a fund and dividing up the relatively insignificant earnings each year would a non - productive exercise. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -14 in first reading to advance to public hearing at the next regular meeting of the Assembly. ATTEST: 3.10.110 Funds. 3.10.120 Facilities fund. 3.10.130 Education fund. 3.10.140 Fern Fuller fund. 3.10.150 Land sale fund. 3.10.160 Penalties. 3.10.170 General fixed assets. 3.10.180 Distribution of funds. 3.10.190 Review of service fees. 3.10.200 Post audit. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS Nova M. Javier, CMC, Borough Clerk DAY OF , 2009 KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough Ordinance No. FY2009 -14 Page 2 of 2 KODIAK ISLAND BOROUGH ORDINANCE NO. 96 -14 Introduced by: Mayor Selby Requested by: Assembly Drafted by: Mayor Selby Introduced: 10/03/96 Amended: 10/17/96 Public Hearing: 10/17/96 Adopted: 10/17/96 AN ORDINANCE ESTABLISHING AN EDUCATION FUND BY AMENDING TITLE 3 REVENUE AND FINANCE OF THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES BY ADDING SECTION 3.04.052 EDUCATION FUND WHEREAS, there will be proceeds from the Exxon Valdez oil spill litigation punitive damages; and WHEREAS, the establishment of a permanent fund for all education programs in the Kodiak Island Borough would provide revenue for future education programs operating expenses; and WHEREAS, education is the best solution to prevent future oil spills and the great destruction of resources and community infrastructure that results from such disasters; and WHEREAS, assuring quality education for Kodiak Island is the best restoration possible to result from the Exxon Valdez disaster; and WHEREAS, an education fund would be a major factor in controlling and establishing the property tax rates in the Kodiak Island Borough for many years; 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 be a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 3, Chapter 3.04 is amended by adding Section 3.04.052 as follows: Section 3.04.052 Education fund. A. The education fund is established as a separate investment fund which is distinct from all other funds. The fund consists of the net proceeds received from the Kodiak Island Borough, Alaska Ordinance No. 96 -14 Page 1 of 2 Exxon Valdez oil spill litigation punitive damages after all expenses of litigation and oil spill clean -up. All income from the fund shall be deposited to the fund. The assembly will make an appropriation of up to five hundred thousand dollars ($500,000) in fiscal year 1997 and may make additional appropriations to the fund at any time by ordinance. B. The fund may be invested only as provided in section 3.04.020 of this chapter. The fund may not be appropriated or spent, except as provided in subsections C and D of this section. C. The excess income of the fund is defined as eighty -five percent (85%) of the annual investment income from the fund. The excess income of the fund is available for appropriation by the assembly in the fiscal year following the year in which the income is earned. The excess income of the fund may be appropriated only for the following purposes: 1. an endowed chair for the director position at the University of Alaska Fisheries Industrial Technology Center on Near Island; 2. an annual contribution toward the operating cost of the Kodiak College; 3. an annual contribution toward the operating cost of schools K - 12 in the Kodiak Island Borough. D. A portion of the fund may be appropriated for another purpose only upon approval of an ordinance ratified by a two - thirds (2/3) majority of the qualified voters at a regular or special election. and ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTEENTH DAY OF OCTOBER, 1996 onna F. Smith, CMC /AAE, Borough Clerk Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH M. Selby, Borough Ordinance No. 88-14 Page 2 of 2 TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 22, 2008 REGULAR MEETING Confirmation of Mayoral Appointment to the Parks and Recreation Committee. ITEM NO: 13.D.1 SUMMARY: There is currently one vacant seat on the Parks and Recreation Committee which expired December 2008. Mr. Rick Lindholm was confirmed to the seat in October 2008. On December 15, 2008 Mr. Lindholm resubmitted his application for the seat term to expire in 2011. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to confirm the mayoral appointment of Rick Lindholm to a seat to expire December 31, 2011. NAME: HOME PHONE: 01 L2 92 WORK : � 1�( ?1/4 E -MAIL: /0 STREET ADDRESS: 02 i (5/c/ 17 MAILING ADDRESS: f�G, 110 /2> LENGTH OF RESIDENCE IN KODIAK: .25 ri IN ALASKA: eZSi( k✓, ARE YOU A REGISTERED VOTER IN KODIAK? YES ( NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES (yr NO ( ) COMMUNITY ACTIVITIES: CEOS Com/Adr7, Si A/ v /1'1 &rl C (i li /h,1 t S ec <a C/ / / �, (j / r� PROFESSIONAL ACTIVITIES: i AREA OF EXPERTISE AND /OR EDUCATION: I AM INTERESTED IN SERVING ON TH FOLLOWING BOARD(S) (List in order of preference) 1. co- /6 �� l�l' �(ii /ttcrv4 2. 3. 4. 4.561.,,,u;g4 05 Kodiak Island Bthough Office of the BorougllerkDEC 1 5 2008 710 Mill Bay Roa Kodiak, Alaska 99 15, Phone (907) 486 -9310 Fax ( 391 EMAIL: njavier @kib.co.kodiak.ak.us BOARD APPLICATION A resume or letter of interest may be attached, but is not required. This application will be kept o Please return the application by the advertised deadline. Voter ID No Verified By: 3 JZ fC Applicant's Residence; Borough ( ) City ( ) Date Appointed: Term Expires on: Comments: - STAFF USE ONLY - Documentation: Ch 7 T<, `- Date Appointment Letter. Roster. Oath of Office Financial Disclosure sF mo t - - : siy one 0 Name Lori Demi 10928 Bells Flats Road Kodiak, AK 99615 Pam Foreman, Vice Chair 1637 Three Sisters Way Kodiak, AK 99615 Kevin Foster PO Box 3693 Kodiak, AK 99615 Jeff Huntley 1015 Pine Crescent Kodiak, AK 99615 4 - - Vacant Patrick Saltonstall PO Box 3553 Kodiak, AK 99615 Andy Schroeder PO Box 301 Kodiak, AK 99615 Mike Sirofchuck PO Box 970 Kodiak, AK 99615 Hans Tschersich 1423 Baranof St. Kodiak, AK 99615 Dave Kaplan (Assembly Rep, non - voting) 418A Lilly Drive Kodiak, AK 99615 Kevin Murphy (State Rep, non - voting) 1400 Abercrombie Drive Kodiak, AK 99615 2011 Ian Fulp (City Parks & Rec, non - voting) 410 Cedar St Kodiak, AK 99615 Peggy Rauwolf (School Brd Rep., non - voting) 3571 Patrick Court Kodiak, AK 99615 Revision date: 12/23/2008 RPVicari by .IK KODIAK ISLAND BOROUGH Parks and Recreation Committee Term Home Phone Work Phone 2010 487 -2988 486 -9365 2010 486 -2588 486 -5557 2011 486 -0283 539 -2594 cell 2009 486 -4013 486 -7620 2009 486 -2634 2010 481 -1121 2011 486 -6498 2009 486 -5648 486 -1711 486 -4688 486 -8812 Staff: Bud Cassidy, Community Development Director Duane Dvorak, Community Development Assoc. Planner /LRP Sheila Smith, Community Development Secretary 481 -2922 Email lori.demiRacsalaska.net pam cni.kodiak.orq saltrvcove(@..vahoo.com mhuntley(c�ptialaska. net 486 -7004 pgsalton(a gci.net 539 -1979 aschroeder(a�gci.net 486 -1203 rakenscrape(�hotmail.com 486 -9521 xravhans(@.vahoo.com 486 -1711 david .kaplan(c�assembly.kodiakak.us 486 -6352 kevin.murphvealaska.gov 486 -8670 ifulp aecitv.kodiak.ak.us 486 -9363 486 -9363 486 -9363 prauwolf(c�gci.com bcassidv(a�kodiakak.us ddvorak( kodiakak.us ssmith ankodiakak.us TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 8, 2008 REGULAR MEETING Declaring a Seat on the Service Area No. 1 Board Vacant. ITEM NO: 13.D.2 SUMMARY: During the 2008 elections Mr. Scott Arndt received write -in votes for one of three vacant seats on the Service Area No. 1 Board. Mr. Arndt accepted the vacant seat for a term to expire 2011. The seat he originally held is due to expire 2010 and needs to be declared vacant so that proper advertisement can occur. Mr. Arndt's letter of resignation for his original seat is attached. 4.15.040 Vacancies. A. Vacancies on service area boards, other than by expiration of the member's term, are created when a member: 3. Resigns and the resignation is accepted; C. The service area board shall notify the clerk of a vacancy on the board. The clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. APPROVAL FOR AGENDA: g RECOMMENDED MOTION: Move to declare the seat held by Mr. Scott Arndt on the Service Area No. 1 Board for a term to expire 2010 vacant. To the Kodiak Island Borough Assembly: 3584 Sharatin Road P.O. Box 76 Kodiak, AK 99615 This letter is to confirm my resignation on the Service Area No. 1 Board seat that is due to expire 2010. The reason for my resignation is to accept the Service Area No. 1 Board seat that expires 2011 that I was elected to in October, 2008. Thank you for your attention in this matter. Sincerely, :7/P/ Scott Arndt �1 Dated: JAN - S 2009 TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 22, 2008 REGULAR MEETING Appointment to the Service Area No. 1 Board. ITEM NO: 13.D.3 SUMMARY: The Service Area No. 1 Board met on December 9, 2008 to review applications received for the vacant seat term to expire 2009. Mr. Alan Torres submitted his application to the Service Area No. 1 Board on July 23, 2008 and was the sole applicant. The Board recommends to appoint Mr. Torres to the vacant seat for a term to expire October 2009. 4.15.040 Vacancies. E. The service area board may submit its nomination of a person from the submitted applications to fill the vacancy to the assembly. The assembly shall appoint a new member selected from the submitted applications for the remaining unexpired term. APPROVAL FOR AGENDA: 1r4 RECOMMENDED MOTION: Move to appoint Mr. Alan Torres to the Service Area No. 1 Board for a term to expire October 2009. 07/21/2008 11:29 FAX 907 486 2750 KIB LANDFILL NAME: lax/ 72O HOME PHONE: 7 / 7 WORK: 1 - `t'5 % CELL NO: E -MAIL: r 10,21-R5 .R5 Q /, STREET ADDRESS: 2 7 6 re-e- vo -vex ,I t C' Nk 9K MAILING ADDRESS: 2 7`/‘ I Ee zmJC) , 7 ' , " i ,k /9 i LENGTH OF RESIDENCE IN KODIAK: IN ALASKA: 26 ye ARE YOU A REGISTERED VOTER IN KODIAK? YES pc) NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES (X) NO ( ) COMMUNITY ACTIVITIES: PROFESSIONAL ACTIVITIES: AREA OF EXPERTISE AND /OR EDUCATION: I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List In order of preference) 1/�C ,},Qeig x J3o4', 2 Signature Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL: njavier(a,kodiakak.us BOARD APPLICATION 2. JUL 2 1 2008 4. 7 / /D21 Date A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the advertised deadline. a001 /001 lex - STAFF USE ONLY • Voter ID No Verified ay: • DaaNnenteUon. Appolnenert Ledo Applicants Residence, :. "V: h ' City ( ) Roster. OW Appointed 1 i OEM of Office: Tam Fgees Of .. - Financial Disdosare: Cenrnentir Sharon Lea Adinolfi 2011 481 -2799 566 Perez Way Kodiak AK 99615 Kevin Arndt 3543 Harlequin Court P.O. Box 2338 Kodiak, AK 99615 Scott Arndt 3584 Sharatin Road P.O. Box 76 Kodiak, AK 99615 Vacant Name -E Vacant 2009 Staff: Mary Barber Secretary III Engineering and Facilities Revision date: 11/12/2008 Revised by: JK KODIAK ISLAND BOROUGH Service Area No. 1 Board Term Home Phone Work Phone Email Charles Lorenson, Chair 2009 486 -5144 486 -5975 4055 Briggs Court 539 -1506 P.O. Box 3527 Kodiak, AK 99615 Dennis Symmons, Vice Chair 2010 486 -1045 654 -1045 4325 Anton Way - Rezanof P.O. Box 8957 Kodiak, AK 99615 2011 539 -2500 486 -9799 486- 5573(fax) 486 -6650 (pager) 2010 481 -3745 486 -3745 481 -3333 (fax) 486 -0500 (pager) 2011 486 -9343 486 -9394 Fax wildiris@ptialaska.net elvisl1Ca�gci.net kevin. arndtlycos. com sIa3745yahoo. com mbarber@kodiakak.us TITLE: Resignation of Planning and Zoning Commissioner Members. SUMMARY: Ms. Erin Harrington and Mr. Jim Purdy submitted the attached letters of resignation on January 2, 2009. 2.100.070 Vacancies. A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 22, 2008 REGULAR MEETING ITEM NO: 13.D.4 RECOMMENDED MOTION: Move to accept, with regret, the resignations of Ms. Erin Harrington and Mr. Jim Purdy for terms to expire December 31, 2011 from the Planning and Zoning Commission and direct the Borough Clerk to advertise the vacancies per Borough Code. December 31, 2008 Dear Mayor Selby: I have recently accepted a position as a legislative aide for Rep. Alan Austerman. As I will be traveling to Juneau for this position, it is necessary for me to resign my seat at the Planning and Zoning Commission. Please accept my resignation, effective today, December 31, 2008. Kind regards, Erin Harrington Cc: Bud Cassidy, Community Development Director JAN -2 2009 KODIAK LAND SURVEYING Kodiak Island Borough Planning and Zoning Commission 710 Mill Bay Road Kodiak Alaska 99615 RE: Resignation Unfortunately it is necessary for me to resign from the Planning and Zoning Commission as of December 18 2008. I regret this action and would like to convey my appreciation to the Commission members for their support and hard work. If I could be of any further help please don't hesitate to contact me. Sincerely, im Pur 2769 IAKEVIEW DRIVE PO BOX 2322 KODIAK AK 99615 (907) 48G -1945 kodiaklandsurveving@ak.net January 2, 2009 ! r Name KODIAK ISLAND BOROUGH Planning and Zoning Commission David King (B) (Chair) 2009 481 -2930 PO Box 3634 Kodiak, AK 99615 Erin Harrington (C) 2011 942 -1323 323 Carolyn St., Ste 103 Kodiak, AK 99615 B= Borough Seat C =City Seat Revision date: 1/5/2009 Revised by: JK Term Home Phone Work Phone Email (H)dkingak a(.gci.net (W)david king @fws.gov erinfish©gmail.com Casey Janz (B) 2009 487 -4055 487 -2125 (H)cjanza.ptialaska.net 10674 Chiniak Dr. Kodiak, AK 99615 (W) cjanz01 ra'�.kodiakschools.orq Alan Torres (B) 2010 486 -0217 486 -9345 arji.torres @yahoo.com 2746 E. Rezanof Dr. Kodiak, AK 99615 William Kersch (C) 2009 486 -4854 williamusps @yahoo.com 1812 Mission Road 715 - 475 -8336 (cell) Kodiak, AK 99615 Jim Purdy (B) 2011 486 -7661 kodiaklandsurveying @ak.net PO Box 2322 Kodiak, AK 99615 Brent Watkins (C) 2010 486 -1717 brentskiAyahoo.com 307 Childs Drive Kodiak, AK 99615 Staff: Bud Cassidy, CDD Director 486 -9363 bcassidy @kodiakak.us Duane Dvorak, CDD Assoc. Planner /LRP 486 -9363 ddvorak a(�kodiakak.us Sheila Smith, CDD Secretary 486 -9363 ssmith @kodiakak.us TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 22, 2008 REGULAR MEETING Resignation of Board of Equalization Member. ITEM NO: 13.D.5 SUMMARY: Mr. Jim Nagan submitted a letter of resignation from the Board of Equalization on January 6, 2009. 2.100.070 Vacancies. A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to accept, with regret, the resignation of Mr. Jim Nagan for a term to expire December 31, 2009 from the Board of Equalization and direct the Borough Clerk to advertise the vacancy per Borough Code. Jessica Kilborn r ---- 7 From: Jim Nagan [jnagan12 @gmail.com] Sent: Monday, January 05, 2009 5:42 PM To: Marylynn McFarland Cc: Nova Javier; Jessica Kilborn Subject: Re: Board of Equalization Hello Marylynn, Nova and Jessica: Marylynn, thanks for the gentle reminder on this; it's appreciated! I thought I had taken care of this, but with so much paperwork involved in our recent move, I obviously overlooked it. Carole and I have relocated to Washington now, so it would be appropriate for the Borough Assembly to appoint a replacement for my position on the BOE. Please extend my thanks to the Borough Assembly, Borough staff and Borough administration for the opportunity to serve on the BOE the past few years. Again, thanks, Jim Nagan Contact information: Jim Nagan Box 2409 Ocean Shores, WA 98569 JAN " 6 2009 (360) 591 -2471 On Dec 17, 2008, at 11:38 AM, Marylynn McFarland wrote: Jim, with your recent move to Oregon, should we vacate your seat on the Board of Equalization? Hope all is well in your new locale and looking forward to hearing from you. PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this e-mail are subject to provisions of the Alaska Statutes and may be made available to the public upon request.. Marylynn McFar /and, Deputy Clerk Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 e -mail: mmcfar /andtpkodiakok. us web site: www.kodiakak.us 1 Name KODIAK ISLAND BOROUGH Board of Equalization Term Home Phone Work Phone Email Cassandra Juenger 2011 486 -2221 486 -9325 cassandra123 @gci.net 3899 Harry Nielsen Kodiak, AK 99615 Karenia Hackett 2010 486 -6168 486 -8111 kareniah©kiha.org PO Box 3533 Kodiak, AK 99615 Tim Hurley 2009 486 -5584 486 -4433 thurley @alaska.com PO Box 864 Kodiak, AK 99615 Vacant 2011 S Jim Nagan 2009 486 -3717 486 -3717 jnagan12(c�gmail.com 1217 Rezanof Drive Kodiak, AK 99615 Alternate: Cheryl Boehland 2010 487 -4448 486 -3480 seabee @ptialaska.net PO Box 8529 Kodiak, AK 99615 Staff: Tom Anderson, Assessor 486 -9350 tanderson( kodiakak.us Nova M. Javier, Borough Clerk 486 -9310 njavierAkodiakak.us KIBC 3.20.050 Members. The board of equalization shall be composed of five (5) persons, not assembly members, appointed by the assembly. Revision date: 1/6/2009 Revised by: JK TITLE: Confirmation of Mayoral Appointment to the Architectural Review Board. SUMMARY: There are currently two vacant seats on the Architectural Review Board which expired December 2008. Applications for seat terms to expire in 2011 were received from the following: Mr. Cliff Ford Mr. Reed Oswalt Mr. Pete Malley Mr. Scott Bonney APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 22, 2009 REGULAR MEETING ITEM NO: 13.D.6 Submitted on: January 5, 2009 January 5, 2009 January 12, 2009 January 13, 2009 RECOMMENDED MOTION: Move to confirm the mayoral appointment of Mr. Scott Bonney and Mr. Peter Malley to the two seat terms to expire December 31, 2011. BOARD APPLICATION Mva T.04 HOME PHONE: 9e6 £ I- CeWORK: .5Z 4SELL NO 6 / ^ 2068 E -MAIL: al-0 STREET ADDRESS: vZ SO co GQ W y MAILING ADDRESS: PO • NAME: LENGTH OF RESIDENCE IN KODIAK: ARE YOU A REGISTERED VOTER IN KODIAK? ARE YOU A PROPERTY OWNER IN KODIAK? COMMUNITY ACTIVITIES: 1.)) O C) prGQ.eQ PROFESSIONAL ACTIVITI 4t -a -e � - 01/1 IVA g e' --- 492e LA ,A-a) t� // Ca iv, c iZ tic�i a AREA OF EXPERTISE AND /OR EDUCATION: Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL: njaviergu,kodiakak.us Signature Co A) St& Uc.,* IN ALASKA: YES YES (X I AM INTERESTED IN SERVING ON HE FOLLOWI G BOARD(S) (List in order of preference) p2ChJ ttd u,'' L eg %k iv 3. 4. Date A resume or letter of interest may be attached, but is not required. This application Please return the application by the advertised deadline. • STAFF USE ONLY . JAN 1 2 2009 will be kept on file for one year. Appointment Letter. Roster. Oath of Office: Financial Disclosure: Voter ID No Verified By: Documentation: Applicants Residence; Borough ( ) City ( ) Date Appointed: Term Expires on: Comments: NAME: HOME PHONE: 71/6 - 5 3S 3 WORK : '0C 7 79 2 CELL NO. E -MAIL: a azs 4-laskek _ v1-" STREET ADDRESS: /.2 5 v<-r k./'4 MAILING ADDRESS: LENGTH OF RESIDENCE IN KODIAK: IN ALASKA: 33 yr ARE YOU A REGISTERED VOTER IN KODIAK? YES 4r1 NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES NO ( ) COMMUNITY ACTIVITIES: PROFESSIONAL ACTIVITIES: AREA OF EXPERTISE AND /OR EDUCATION: 1 AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. T rc 170et.r 1) 2. 3. Signature Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL: njavier @kodiakak.us BOARD APPLICATION 4. Date A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please retum the,application by the advertised deadline. - STAFF USE ONLY - Voter ID No Verified By: Applicant's Residence; ugh (. City ( ) Date Appointed: Term Expires on: Comments: Documentation: I A "• l U r -. Appointment Letter: Roster: Oath of Office: Financial Disclosure: 2009 NAME: BOARD APPLICATION to 3 HOME PHONE:41 - I c 51,E +g� S 44 CELL NO. E -MAIL: ! Y1 Y Os w .a l s Ka c `livt STREET ADDRESS: 3 6 (I ` v MAILING ADDRESS: o"-( LENGTH OF RESIDENCE IN KODIAK: T 1 IN ALASKA: ARE YOU A REGISTERED VOTER IN KODIAK? YES (K) NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES (() NO ( ) COMMUNITY ACTIVITIES: 3 /L 51- ;o t f c PROFESSIONAL ACTIVITIES: AREA OIAX AND/OR EDUCATION: r Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road _ Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 46 -9391 EMAIL: njavier @kodiakak.uS 600Z 5 - Nd(' I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. /- Y f ES ita 1 � evt Re - 2. 3. V4f-ek Signature 4. /, - /9- 6 Date A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please retum the application by the advertised deadline. . STAFF USE ONLY . Voter ID No Verified By Documentation: Appointment Letter: Applicant's Residence; ( ) City ( Roster: Date Appointed: Oath of Office: Term Expires on: Financial Disclosure: Comments: Nova Javier From: support@civicplus.com Sent: Tuesday, January 13, 2009 8:25 AM To: Nova Javier; Marylynn McFarland; Jessica Kilborn Subject: Online Form Submittal: Board Application Form The following form was submitted via your website: Board Application Form Select the Board, Commission, or Committee applying for:: Architectura /Engineering Review Board Name:: R Scott Bonney Home Address:: Mi 40.1 Chiniak Hwy Home Phone Number:: 907 - 486 -4005 Mailing Address:: PO Box 5524 Chiniak, AK 99615 Business Phone Number:: PO Occupation:: Engineer, Design Manager Email Address:: sbonney @alutiiq.com Length of Residency in Kodiak:: 37 yr Are you a registered voter:: Yes High School:: Kodiak Hi College:: Univ of AK, BSCE Univ of Washington, Seattle Trade or Business School:: Hobbies:: Piano, fishing Are you currently serving on other Boards, Commissions, or Committees ?: No If yes, which:: Have you served on a Board, Commission, or Committee before ?: No If yes, which:: Please list organization memberships and positions held:: Please List Areas of Special Interest: Please Enter Basic Resume Information Below: Education: Bachelor of Science Civil Engineering, University of Washington, Seattle 1978 University of Alaska, Fairbanks Sophia University, Tokyo, Japan Graduate: Kodiak Alaska High School, 1973 1 Certifications and Registrations: Alaska: Professional Civil Engineer Number 6506 Alaska Residential Contractor Endorsement Number 1569 AHFC Building Energy Efficiency Standards certification Number 1373 Army Corps of Engineers Construction Quality Control Certified Erosion & Sediment Control Lead Design Quality Control Manager, Alutiiq International Solutions, LLC. Duplex Company Operations Facility, Fort Wainwright, Alaska, May 2008 to present (minor DQC duties ongoing). Responsible for design management of this $14 million design build operations facility under an extremely tight schedule to allow erection of building structure and envelope before winter 2008. Design Quality Control Manager, Alutiiq International Solutions, LLC. Cottonwood Housing Project, Fort Richardson, Alaska, April 2007 to present (minor DQC duties ongoing). Responsible for design management of this $22 million design build housing project featuring modular housing construction. Design Quality Control Manager, Alutiiq, LLC. Various pre contract constructability and contract reviews for Modular projects: February 2006 to April 2007. Fort Shafter Hawaii Modular Offices, Schofield Hawaii Modular Temporary Company Operation Facilities and NOAA Sand Point Washington Office. Responsible for Design Quality control for the Sand Point Washington NOAA Office Building. Design Quality Control Manager, Alutiiq Management Services. Anchorage Alaska. Interim Facilities for Airborne Combat Brigade, Fort Richardson, Alaska, January 2005 to January 2006. Responsible for contracting and coordinating a fast track design team, US Army Range Upgrade, Fort Richardson, Alaska. This $48 million dollar design -build project was designed and constructed in less than a year. The project entailed modular barracks, administration buildings, medical offices and warm storage facilities and all civil and utility work to support. Design Quality Control Manager, Alutiiq Management Services: Anchorage Alaska. MOUT & Range Upgrade, Fort Richardson, Alaska, November 2002 to 2004. Responsible for contracting and coordinating a fast track design team, US Army Range Upgrade, Fort Richardson, Alaska. This highly compressed $18 million dollar training range project entailed significant civil, structural, mechanical and electrical work. Contracting Officer's Representative: USCG Facilities & Design Center, Kodiak, Alaska. Indefinite Delivery Indefinite Quantity Contract USCG Kodiak November 2000 to January 2002. Responsible for field management and design coordination for this multi year multi task order contract of approximately $7 million per year. Task orders included environmental /demolition, building renovation, road and utility upgrades, and marine work. Often utilized 35% Statements of Work from which full design drawings would be achieved utilizing Contractor design resources under my direction. Contracting Officer's Representative: USCG Facilities & Design Center, Kodiak, Alaska. May 1985 to Oct 2000. Responsible for construction management of over $100 million in construction projects. Responsibilities included design reviews, field management & inspection, field engineering and management of design engineers during the construction phase. As the Government's field focal point of the project Mr. Bonney coordinated critical timely technical and quality resolution to field problems. This highly demanding position required a broad range of engineering and construction knowledge. Projects included: UPPER GOVERNMENT HILL HOUSING HANGAR 1 LEAN -TO MEMQ HOUSING REHABILITATION AVIATION HILL HOUSING PH 3 READY CREW BUILDING 2 N -1 HEAVY EQUIPMENT BUILDING SENIOR OFFICER'S QUARTERS BUILDING 614 ROOF AND SIDING HANGAR 3 EXTERIOR and UTILITIES COMMUNITY CENTER HANGAR 3 STRUCTUAL UPGRADE COMMSTA and BLDG 514 RENOVATION HANGAR 1 REROOF and ENERGY UPGRADE AVIATION HILL WATER TANK NEMETZ ROADS AND GROUNDS CHILD CARE FACLITY FUEL FARM AND TANK 917 POOL /RECREATION FACILITY PH 1,2,3 MOGAS ENVIRONMENTAL FIRESTATION COFFMAN ENGINEERS, Anchorage, Alaska 1985 Responsible for the construction management of Wendler Jr. High School and Girdwood Elementary School for the Anchorage School District LCMF LTD, Anchorage, Alaska 1984 Provided project management and civil design for a variety of North Slope Borough village projects including Nuiqsut Airport Lights and Non - directional beacon, Atkasook Water & Sewer, and Anaktuvuk Pass Sewer Project. Developed, implemented and administered an in -house Borough construction project for the Anaktuvuk Pass Sewer project using local labor and equipment under Borough payroll. McC00L McDONALD COFFMAN WHITE, Anchorage, Alaska 1983 Headed a 4 man civil engineering team acting as Borough engineers under contract to the North Slope Borough. Provided a wide range of services including design, project management and Capital Improvement Project planning. COFFMAN ENGINEERS, Anchorage, Alaska 1980 -1982 Responsible for structural design including State of Alaska structural design reviews and design of a five story office building. ABKJ ENGINEERS, Anchorage, Alaska 1979 Responsible for structural design of two rural Alaska schools. Additional Information: Form submitted on: 1/13/2009 8:25:12 AM Submitted from IP Address: 69.178.7.131 Form Address: http: / /www.kodiakak.us /forms.asp ?FID =72 3 Name Scott Arndt, Chair PO Box 76 Kodiak, AK 99615 Vacant Gregg Hacker PO Box 4168 Kodiak, AK 99615 Charlie Jerling, Jr. 1212 Madsen Street Kodiak, AK 99615 Vacant Brent Watkins 307 Childs Drive Kodiak, AK 99615 Revision date: 1/6/2009 Revised by: JK KODIAK ISLAND BOROUGH Architectural /Engineering Revie I uilding Code Board of App Jerrol Friend (Assembly Rep) PO Box 175 Kodiak, AK 99615 Term Home Phone 2009 481 -3745 2011 2010 2011 486 -4392 2010 486 -1717 Non - voting ex- officios Norm Wooten, School Board Representative Petal Ruch, School Board Representative Staff: Woody Koning, EF Director (KIB Representative) Ken Smith, Project Manager /Inspector (KIB Representative) Work Phone 486 -3745 486 -0500 pager 2009 486 -8499 539 -1555 cell 486 -7654 486 -4946 539 -1975 cell 481 -2283 ghacker @kodiakschools.org jerrol.friend@assembly.kodiak.us 481 -6200 486 -4705 486 -9340 486 -9341 Email sla3745 @yahoo.com locale @ak.net TITLE: State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Applications Within the Kodiak Island Borough Jurisdiction. SUMMARY: 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal; and 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business. B. If the clerk determines that the borough has no interest in protesting the renewal, the clerk shall advise the Alcoholic Beverage Control Board of continued nonobjection to renewal in writing. If it is determined that the renewal could be protested based on unpaid taxes or trouble reports, it shall be scheduled for review by the borough assembly After the Clerk's office routine investigation, the following trouble reports and unpaid real and personal property tax information were returned as indicated on the attached spreadsheet. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 22, 2008 REGULAR MEETING ITEM NO: 13.D.7 RECOMMENDED MOTION: Move to voice non - protest to the State of Alaska Alcoholic Beverage Control Board indicated on the attached spreadsheet with the exception of the Kalsin Bay Inn #621 (Beverage Dispensary) and Kalsin Bay Inn #622 (Package Store) applications based on unpaid taxes. - 2639 1796 1205 [ 622 622 V621 4325 4259 3480 3299 1061 711 364 254 174 Hopper Valley Roads End Rendezvous. The Olds River Inn AC Express / Bells Flats V.F.W. Post #7056 Kalsin Bay Inn Kalsin Bay Inn Old Power House Restaurant Kodiak Island Brewing Company Eugene's Restaurant 1 El Chicano Mexican Restaurant Henry's Great Alaskan Restaurant Mecca Bar & Restaurant BPO Elks Lodge #1772 Tropic Safeway #2522 DBA Beverage Dispensary- Seasonal 1 Beverage Dispensary Beverage Dispensary Tourism - Seasonal Package Store Club Package Store Beverage Dispensary Beverage Dispensary Brewery Beverage Dispensary Beverage Dispensary Beverage Dispensary Beverage Dispensary Club Beverage Dispensary c Package Store License Type 1 Mile 42 Chiniak Road 11652 Rezanof Way Mile 30 Chiniak Hwy 11012 Rezanof Dr West 7 Mile Monashka Bay Rd Mile 29 Chiniak Hwy Mile 29 Chiniak Hwy 516 E Marine Way 338 Shelikof Avenue 202 E Rezanof Dr 1 103 Center St 512 Marine Way 302 Marine Way 102 Marine Way 102 Marine Way 502 Marine Way Location Frank Charles Bertrand III Toni Munsey & Val Flinders Circle B LLC Alaska Commercial Company VFW Katmai Post #7056 Wayne L. Sargent Wayne L. Sargent Ocean Enterprises of Alaska Inc. Kodiak Island Brewing Company LLC Eugene's Inc El Chicano Inc Henrys Great Alaskan Restaurant Inc Mecca Inc BPO Elks Lodge #1772 BPO Elks Lodge #1772 Safeway Inc Licensee � Yes Yes N Yes 15 45 135 20 38 Protest Yes No X X Trouble reports Trouble reports Delinquent taxes - $5073.81 (approx.) Delinquent taxes - $5073.81 (approx.) Trouble reports Inadequate restroom facilities Trouble reports Trouble reports Trouble reports Trouble reports Trouble reports Trouble reports Comments Move\borough\CL\BC-43 - LICENSES, LIQUOR\2009 MEMO TO Borough table Exp 2008.docx "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. The motion was SECONDED by COMMISSIONER JUENGER. Close regular meeting: Open public hearing: Randy Blondin spoke in opposition to lodges being rezoned to Business zoning. Patty Carlson asked if the commission had already approved the rezone to Commercial. VICE CHAIR WATKINS stated nothing has been approved yet but we will be voting on it at this meeting. Close public hearing: Open regular meeting: Commission discussion The question was called and it FAILED 4 -0. COMMISSIONER JUENGER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 1, Lots 1 and 3, from R1- Single - family Residential to B- Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. The motion was SECONDED by COMMISSIONER JANZ. Commission discussion EFFECTIVE CLAUSE 1. Prior to the rezone becoming effective, the petitioners will obtain zoning compliance fro all structures and uses located on the developed lots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. FINDINGS OF FACT (Applicable to all requests; 1, 2 and 3) Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone is intended to create commercial zoning districts to accommodate existing lodge uses and structures located along the eastern edge of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. This request has been held in abeyance for five or more years awaiting an update to the MB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re- establish continuity of Kodiak Island Borough P &Z Guidelines September 20, 2008 Page 2 of 10 government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Kodiak Island Borough has not established a Mixed -Use zone in order to fulfill the literal intent of the plan designation. As a result, the Mixed -Use designation will need to be fulfilled on a case -by -case, lot -by -lot, zone -by -zone basis, in conformity with a generalized view of the comprehensive plan designations as previously discussed in the staff report. While the recommended zone changes are not entirely consistent with the explicit plan map designations in the 2008 MB Regional Comprehensive Plan Update, the recommendations do take into account existing development patterns, community comments, plan recommendations (generally) and the sustainability of the community infrastructure and social fabric of the community. The question was called and it CARRIED 4 -0. Dvorak clarified this is the Uyak Bay Lodge LLC and is comprised of 4 separate parcels. COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 2, Lots 2 and 3, and Block 3, Lots 1 and 2, from R1- Single - family Residential to B- Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. The motion was SECONDED by COMMISSIONER KERSCH. Close regular meeting: Open public hearing: Tim Carlson stated he would support Lot 1 being Commercial and Lot 2 leave Residential. Joel Wattum, Uyak Bay Lodge, spoke in support of just the one lot with the structure to be rezoned. Teresa Carlson asked the commission to speak louder because she can't hear a lot of what is being said. Carlson is not in support to all 4 lots being rezoned. Close public hearing: Open regular meeting: Commission discussion. The question was called and it FAILED 4 -0. COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 3, Lot 1 from R1- Single- family Residential to B- Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. The motion was SECONDED by COMMISSIONER JUENGER. EFFECTIVE CLAUSE 1. Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all structures and uses located on the developed lots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. Kodiak Island Borough P&Z Guidelines September 20, 2008 Page 3 of 10 FINDINGS OF FACT (Applicable to all requests; 1, 2 and 3) Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone is intended to create commercial zoning districts to accommodate existing lodge uses and structures located along the eastern edge of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. This request has been held in abeyance for five or more years awaiting an update to the MB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re- establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Kodiak Island Borough has not established a Mixed -Use zone in order to fulfill the literal intent of the plan designation. As a result, the Mixed -Use designation will need to be fulfilled on a case -by -case, lot -by -lot, zone -by -zone basis, in conformity with a generalized view of the comprehensive plan designations as previously discussed in the staff report. While the recommended zone changes are not entirely consistent with the explicit plan map designations in the 2008 MB Regional Comprehensive Plan Update, the recommendations do take into account existing development patterns, community comments, plan recommendations (generally) and the sustainability of the community infrastructure and social fabric of the community. The question was called and it CARRIED 4 -0 Tim Carlson stated he thought the commission said at the last meeting that the commission wasn't going to make any decisions until the property lines were squared away. Dvorak stated that may have been stated at the last meeting but the staff recommendation at this meeting is to forward this recommendation for the one lot with the effective clause that states the petitioner will obtain zoning compliance within 24 months or the rezone shall become null and void. They have to meet all requirements. COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 2, Lot 4 from R1- Single- family Residential to B- Business, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. COMMISSIONER JUENGER SECONDED the motion. Kodiak Island Borough P&Z Guidelines September 20, 2008 Page 4 of 10 Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: Commission discussion FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone is intended to create commercial zoning districts to accommodate existing lodge uses and structures located along the eastern edge of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. This request has been held in abeyance for five or more years awaiting an update to the MB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re- establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Kodiak Island Borough has not established a Mixed -Use zone in order to fulfill the literal intent of the plan designation. As a result, the Mixed -Use designation will need to be fulfilled on a case -by -case, lot -by -lot, zone -by -zone basis, in conformity with a generalized view of the comprehensive plan designations as previously discussed in the staff report. While the recommended zone changes are not entirely consistent with the explicit plan map designations in the 2008 KIB Regional Comprehensive Plan Update, the recommendations do take into account existing development patterns, community comments, plan recommendations (generally) and the sustainability of the community infrastructure and social fabric of the community. The question was called and it FAILED 4 -0. B. Case 03 -016. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 19, Lot 4 from R1- Single Family Residential to B- Business. The applicant is Jon Peterson. The location is 1207 First Street, Larsen Bay, and the zoning is R1- Single Family Residential. Dvorak gave a staff report. Kodiak Island Borough P&Z Guidelines September 20, 2008 Page 5 of 10 COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 19, Lots 4; from R1- Single- family Residential to B- Business. The motion was SECONDED by COMMISSIONER JUENGER. Close regular meeting: Open public hearing: Bob Maschmedt spoke in support of this request. Teresa Carlson spoke in opposition of this request. Patty Livingston spoke in opposition of this request on the behalf of the Alpiak's, which lives next door. Close public hearing: Open regular meeting: Commission discussion. The question was called and it FAILED 4 -0. COMMISSIONER JANZ MOVED to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. The motion was SECONDED by COMMISSIONER JUENGER. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone request is intended to create commercial zoning districts to accommodate existing lodge uses and structures located near the western of the Larsen Bay Subdivision, near the small boat harbor. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. Staff analysis indicates that the nature and scale of the current use appears to be more residential than commercial at this point in time and that a rezone to B- Business will create additional commercial development potential that may require additional resources from the city's limited infrastructure system. Staff analysis indicates that the scale of use on this property may be able to be made conforming in the Rl zoning district by converting to a Bed & Breakfast use and by further joining together the existing A -frame house and adjoining bunkhouse structures. This request has been held in abeyance for five or more years awaiting an update to the MB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA Assessment Report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re- establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. Kodiak Island Borough P&Z Guidelines September 20, 2008 Page 6 of 10 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The recommendation to deny this request is one based upon conditions in the community that are expected to change in community and while the recommendation at present is for denial, it must be stated that the future land use designation for this area is to become Commercial at some point in the future when the community is better able to support on a sustainable basis further commercial development. A recommendation for denial of the requested rezone at this time does not have an effect positively or negatively on the comprehensive plan goals and objectives, except to say that now is not the time for such a change to occur. The question was called and it CARRIED 4 -0. VICE CHAIR WATKINS called a 5 minute recess. The meeting reconvened at 1:55. C. Case 03 -018. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 16, Lot 10, from R1 Single Family Residential to B- Business. The applicant is James Hamilton. The location is 1210 First Street, Larsen Bay, and the zoning is R1- Single Family Residential. Dvorak gave a staff report. COMMISSIONER JANZ MOVED to postpone case 03 -018 until the regular meeting on October 15, 2008. The motion was SECONDED by COMMISSIONER JUENGER. VICE CHAIR WATKINS stated that it takes 4 voting members to decide any issues and WATKINS won't vote because he is too close to the Hamilton family and he has been involved with this property in the past. Patty Livingston stated Mr. Hamilton spoke in support of this request. Commission discussion. The question was called and it FAILED 4 -0. COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 16, Lots 10; from R1- Single Family Residential to B- Business. The motion was SECONDED by COMMISSIONER KERSCH. Close regular meeting: Open public hearing: Teresa Carson spoke in opposition to this request. Close public hearing: Open regular meeting: COMMISSIONER JANZ MOVED to wait until the regular meeting of October 15, 2008 to vote upon Case 03 -018 so that we will have a quorum of voting commissioners. The motion was SECONDED. The question was called and it CARRIED 4 -0. D. Case 08 -021. Request a rezone, in accordance with KIBC 17.72.030.0 (Manner of Initiation), for Larsen Bay Townsite, Tract A, Block 16, Lot 12 from R1- Single Family Kodiak Island Borough P&Z Guidelines September 20, 2008 Page 7 of 10 Residential to B- Business. The applicant is Don Maschmedt/Kodiak Lodge. The location is 1304 First Street, Larsen Bay and the zoning is R1- Single Family Residential. Dvorak gave a staff report COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 16, Lots 12; from R1- Single- family Residential to B- Business subject to an effective clause and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. The motion was SECONDED by COMMISSIONER KERSCH. Close regular meeting: Open public hearing: Patty Livingston spoke in favor of this request. Close public hearing: Open regular meeting: Commission discussion. EFFECTIVE CLAUSE 1. Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all structures and uses located on the developed lots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone request is intended to create commercial zoning districts to accommodate existing lodge uses and structures located near the western of the Larsen Bay Subdivision, near the small boat harbor. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. Staff analysis indicates that the nature and scale of the current use appears to be more commercial at this point in time and that a rezone to B- Business will create not likely result in additional commercial development that would require additional resources from the city's limited infrastructure system. With the recent update to the MB Regional Comprehensive Plan and it is now time to start making zoning decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA Assessment Report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re- establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. Kodiak Island Borough P &Z Guidelines September 20, 2008 Page 8 of 10 The question was called and it CARRIED 4 -0. E. Case S09 -006. Request a vacation, according to KIBC 16.60, of the "A" Street right -of -way in Larsen Bay, located between Lots 2, 3 and 4, Block 2, and Lots 1 and 8, Block 3, all located within Tract A, Townsite of Larsen Bay, U.S. Survey 4872 as depicted on Plat 69 -3, Kodiak Recording District. The applicant is Uyak Bay Lodge LLC and the agent is Joel Wattum, Manager. The location is Right -of -way located between Lots 2, 3 and 4, Block 2, and Lots 1 and 8, Block 3, all located within Tract A, Townsite of Larsen Bay, U.S. Survey 4872 as depicted on Plat 69 -3, Kodiak Recording District. The zoning is R1- Single - family Residential. Dvorak gave a staff report. COMMISSIONER JANZ MOVED to grant preliminary approval of a vacation, according to KIBC 16.60, of the unconstructed "A" Street right -of -way in Larsen Bay, located between Lots 2, 3 and 4, Block 2, and Lots 1 and 8, Block 3, all located within Tract A, Townsite of Larsen Bay, U.S. Survey 4872 as depicted on Plat 69 -3, Kodiak Recording District. The motion was SECONDED by COMMISSIONER JUENGER. Close regular meeting: Open public hearing: Mayor Stanton stated this will be heard by the Larsen Bay City Council at the next Tuesday meeting and hopefully they will have a decision made Tuesday. Tim Carlson spoke in opposition to this request. Sam Kenoyer spoke in opposition to this request. Joel Wattum, Manager of Uyak Bay Lodge, stated he is willing to work with the City of Larsen Bay to resolve the issues. Teresa Carlson stated she gives the commission permission to go ahead and vote. Patty Livingston asked if the power lines run up the road that is supposed to be there. Joel Wattum stated the power lines turn left at the property line and follow the property line between Lot 3 and Lot 8. Close public hearing: Open regular meeting: Commission discussion. COMMISSIONER JANZ MOVED TO POSTPONE Case S09 -006 until the December regular meeting of the Planning & Zoning Commission in order to allow the Larsen Bay City Council to work with the applicant. The motion was SECONDED by COMMISSIONER KERSCH. The question was called and it CARRIED 4 -0. OLD BUSINESS There was no old business NEW BUSINESS There was no new business COMMUNICATIONS There was no communications Kodiak Island Borough P &Z Guidelines September 20, 2008 Page 9 of 10 REPORTS A. Meeting Schedule: • October 8, 2008 work session at 7:30pm in the KIB Conference Room. • October 15, 2008 regular meeting at 7:30pm in the Assembly Chambers. COMMISSIONER KERSCH MOVED to accept reports as presented. The motion was SECONDED by COMMISSIONER JANZ and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS COMMISSIONER'S COMMENTS Dvorak stated he wants to make some comments from staffs perspective regarding the rezone cases. Staff tried to be consistent in developing the recommendations that were put before the commission today with the decisions that were made back in May, even those that were made at an earlier stage where we didn't have much information. Staff took some of that direction and sentiments ADJOURNMENT The special meeting was adjourned at 3:15 p.m. ATTEST By: ei_QQ 4 m�9� Sheila Smith, ecretary Community Development Department DATE APPROVED: November 19, 2008 KODIAK ISLAND BOROUGH PL G AND ZONING COMMISSION Bv• .-cAJ e Dave King, Chair Kodiak Island Borough P&Z Guidelines September 20, 2008 Page 10 of 10 Commissioner Present Absent Excused Others Present Mr. King X Bud Cassidy Mr. Watkins X Community Development Ms. Janz X Sheila Smith Mr. Kersch X Community Development Mr. Juenger X Mr. Purdy X Ms. Harrington X October 15, 2008 Kodiak Island Borough Planning & Zoning Commission Minutes JAN - 8 2009 6 Assembly Chambers CALL TO ORDER CHAIR KING called to order the October 15, 2008 meeting of the Planning and Zoning Commission at 7:30 p.m. ROLL CALL A quorum was established. APPROVAL OF AGENDA COMMISSIONER HARRINGTON suggested moving the CIP case to the end of the agenda. COMMISSIONER HARRINGTON MOVED to amend the agenda and move the CIP case to the end of the agenda. Voice vote CARRIED unanimously. COMMISSIONER JANZ MOVED to approve the October 15, 2008 agenda. Voice vote CARRIED unanimously. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED to approve the September 17, 2008 Planning & Zoning minutes. Voice vote CARRIED unanimously. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A. Case S09 -008. Request Preliminary plat approval, according to KIBC 16.40, of the subdivision of U.S. Survey 4947, Lot 1 Near Island Research Park and the vacation of Lots 3 and 4, Near Island Research Park and associated electrical easements, and creating "Marine Center Subdivision" Tracts A & B, a 30' Utility Right of Way and Lot 1A, Near Island Research Park. COMMISSIONER PURDY stated he has a conflict of interest in this case and requested to be excused to go to the back conference room. Kodiak Island Borough P &Z Minutes October 15, 2008 Page 1 of 10 Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to grant preliminary approval, according to KIBC 16.40, of the subdivision of U.S. Survey 4947, Lot 1 Near Island Research Park and the vacation of Lots 3 and 4, Near Island Research Park & associated electrical easements, & creating "Marine Center Subdivision" Tracts A & B„ a 30' Utility ROW and Lot 1A, Near Island Research Park., and to adopt the findings in that staff dated October 6, 2008 report as "Findings of Fact" for Case S09 -008. Close regular meeting: Open public hearing: Linda Freed spoke in favor of this request. Jay Stinson, President of Marine Center LLC, spoke in favor of the request. Close public hearing: Open regular meeting: COMMISSIONER WATKINS MOVED TO AMEND the motion to strike Right of Way and substitute it with easement. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. Roll call vote on the on the amended motion and it CARRIED 6 -0. Roll call vote on the main motion as amended CARRIED 6 -0. C. Case 09 -004. Request a Conditional Use Permit, according to KIBC 17.67.020.B & 17.13.040.H, to allow the construction of a communication site to serve Ouzinkie and Port Lions. Cassidy gave a staff report. COMMISSIONER PURDY asked if the 5 acres just to conform to the zoning or did the applicant request 5 acres. Cassidy stated that it is in the Conservation zone that requires 5 acre site. COMMISSIONER JUENGER asked who the owner is. Cassidy stated the owner is the Ouzinkie Native Corporation. COMMISSIONER WATKINS asked if other systems can get stacked in this lot or do they need to come back and do other lots for other systems. Cassidy stated if other systems wanted to tie into the system they could if they choose to do so. COMMISSIONER JUENGER asked if notices were required to be sent out. Cassidy said five public hearing notices were sent out with comments on one returned who approved it. What is being built is the framework and will be the infrastructure and different companies can use this infrastructure should they choose to do so. Kodiak Island Borough October 15, 2008 P &Z Minutes Page 2 of 10 COMMISSIONER HARRINGTON MOVED to grant a conditional use permit, in accordance with MB Code Section 17.13.040 H. (Conditional Uses) and with KIBC 17.67, allowing establishment of a remote microwave communication tower on Sharatin Mountain, subject to six (6) conditions of approval contained in the staff report dated October 4, 2008, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. Close regular meeting: Open public hearing: Brian Kincaid, Chief Operating Officer for Kenai Cable Company, spoke in favor of this request. COMMISSIONER PURDY asked Kincaid if he had reviewed the conditions of approval. CHAIR KING asked Cassidy if it would be a conflict of interest because his employer is considering using this facility. Cassidy stated it would be a conflict of interest if you would directly or indirectly financially benefit from the case you are voting on. Close public hearing: Open regular meeting: CONDITIONS OF APPROVAL 1. The color of structures and equipment will be subdued to blend in with the natural environment surrounding the facilities; and natural vegetation immediately surrounding the facilities will be preserved to the maximum extent possible to preserve visual aesthetics. 2. The site developer will minimize the disturbance of natural vegetation and will ensure that natural vegetation is restored to the site within two growing seasons. 3. Should the site be abandoned for any reason including the future advance of communications technology or development of alternative communications facilities, the site will be cleared of all improvements within one year of abandonment and returned to a natural state. 4. Should the exterior of the facility require modification to accommodate new or different equipment, which would substantially alter the visual impact of the facility, the modifications must be reviewed and approved by the Commission, as an amendment to this case, subject to payment of a new fee for public hearing review of a Conditional Use Permit. 5. The landowner and/or developer, within 6 months of the date of Commission approval, shall develop and submit to the Community Development Department a revised and updated site plan with GPS coordinates of the site boundary and the actual location of the proposed facilities. 6. In reviewing this request, the Commission has substantially relied upon the project description and site plan and application for conditional use submitted by the Kodiak -Kenai Cable Company. The conditional use, therefore, is specifically limited to the facilities and operational parameters set forth therein. 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 and other high locations have existed for many years serving the communities without 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 will be subdued to blend in with the surrounding natural environment. If the facility is abandoned, the site will be cleared of equipment and structures and returned to a Kodiak Island Borough October 15, 2008 P &Z Minutes Page 3 of 10 natural state. Any change of technology that would require new or different equipment that would change the essential 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. Future conditional use reviews in this area will be based upon the cumulative impact of all established conditional uses in the area. 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 within the Ouzinkie Native Corporation exterior ownership boundary, which is far in excess of the minimum five (5) acre lot area requirement. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. This facility will be constructed and maintained in accordance with all applicable federal, state and local requirements. All construction will meet standards of the Uniform Building and Fire Codes, and communication equipment will be installed and operated in conformance with applicable FCC regulations. 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 distance, topography and vegetation from residential areas. The contiguous land ownership of the Ouzinkie Native Corporation far exceeds the minimum of area of five acres required by the C- Conservation zoning district. Natural vegetation will be maintained as a condition of approval to preserve, to the extent feasible, the visual continuity of the surrounding area. Roll call vote on the motion CARRIED 7 -0. D. Case S09 -005. Request Preliminary approval, according to KIBC 16.40, of the subdivision of Lot 3, Kalsin Bay Estates creating Lots 3A through 3E, Kalsin Bay Estates. The applicant is Wayne Sargent and the agent is Grant Shields. The location is Kalsin Bay Estates, Lot 3, U.S. Survey 2878 and the zoning is C- Conservation. Cassidy gave a staff report. COMMISSIONER WATKINS MOVED to grant preliminary approval of the subdivision of Lot 3, Kalsin Bay Estates, creating Lots 3A, 3B, 3C, 3D and 3E, Kalsin Bay Estates, subject to the conditions of approval contained in the staff report dated October 7, 2008 and to adopt the findings of fact in that same report as fmdings of fact for this case. Close regular meeting: Open public hearing: Grant Shields, agent, spoke in favor of this request Wayne Sargent thanked the commission. Close public hearing: Open regular meeting: Commission discussion. Kodiak Island Borough October 15, 2008 P &Z Minutes Page 4 of 10 COMMISSIONER PURDY stated the ADF &G requirement is a pretty sticky slope to not have a boundary defined. Cassidy stated the requirement is to have a 50 foot riparian buffer maintained and it gives Fish & Game the leeway to identify it so the applicant will be working with Fish & Game to find out where those boundaries are at. The scale of the map that Fish & Game provided doesn't identify exactly where it is on the ground. Sargent submitted a picture of when it was high tide in the summer to the commission. COMMISSIONER PURDY stated he would be uncomfortable with it if he was the applicant. CONDITIONS OF APPROVAL #1 Construction of Improvements Place a note on the plat that states "Lots in this subdivision are subject to flooding and design of residential dwellings should be built to the known hazards." #2 Accesses a. Add to the plat, and at the request of DOT, the location of all right of ways, including their dimensions that provide access to this subdivision. b. Obtain a driveway permit from ADOT/PF for properties that access from existing DOT rights of way. c. Add a plat note that states "Legal access to the proposed lots will be from access easements created by this subdivision." #3 Wetland Determinations Prior to developing roads, driveways or substantially disturbing the soils for building sites, obtain a wetlands jurisdictional determination from the U.S. Army Corps of Engineers. Wetland boundaries shall be identified on the final plat. #4 Engineered Septic Systems Place a note on the plat stating `Engineer designed wastewater septic systems are required for each lot." #5 Fire Marshal Requirements Obtain written approval from the state fire marshal (for Kodiak, the City of Kodiak Fire Chief by agreement serves as the state fire marshal) that the private roads serving these lots are design and construction to support fire fighting apparatus. #6 Private Road Agreement All parcels being served by the subdivision's private roads must enter into an easement for Private Road Right of Way (which is a Written Agreement and Covenant) as well meet other requirements of KIBC 16.40.080. #7 KEA Requirement Provide a 50 -foot wide utility (and access) easement on the plat along the rear lot line of Lots 3D and 3C as requested by KEA in the letter dated April 3, 2006. #8 ACS Requirement and MB Requirement Provide a 50 -foot wide road and utility easement on the plat along the common lot line between Lots 3A and 3B as requested by ACS in the response dated April 5, 2006. Kodiak Island Borough P &Z Minutes October 15, 2008 Page 5 of 10 #9 ADF &G Requirement Place a note on the plat that states "a fifty (50) foot riparian buffer zone is to be maintained adjacent to the sloughs for the protection of water quality and fish habitat." FINDINGS OF FACT 1. Subject to conditions of approval, this plat can meet the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. Subject to the approval of Variance Case 05 -009 and subdivision conditions of approval, this plat can meet all the requirements of Title 17 of the Borough Code. Roll call on the vote CARRIED 7 -0. E. Case 09 -002. Request a rezone, according to KIBC 16.40, of certain areas within proposed Tract F within U.S. Survey 2261 and U.S. Survey 4947 from C- Conservation to LI -Light Industrial. The applicant is the City of Kodiak and the agent is Linda Freed. The location is proposed Tract F within U.S. Survey 2261 & U.S. Survey 4947, Near Island and the zoning is C- Conservation & LI -Light Industrial. Cassidy gave a staff report. COMMISSIONER WATKINS asked about the tideland zoning. Cassidy stated we will be discussing this more when we get into the review of Title 17 this winter. COMMISSIONER JUENGER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of proposed Tract F within USS 2261 and USS 4947 from Conservation to Light Industrial Zoning District, and to adopt the "Findings of Fact" in the staff report dated August 25, 2008, in support of this recommendation. Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: Commission discussion. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: [11 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from C- Conservation to LI -Light Industrial is needed and justified because the LI- Light Industrial zoning district permits development that: A. is consistent with current and proposed development trends in the area; B. is suitable for this site, given the physical characteristics and location of the tract; C. will not create any nonconforming land uses; D. is consistent with the Near Island Comprehensive Plan [21 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the area identified as and granted a CUP for a floatplane facility in Trident Basin is consistent with the intent and objectives of the Near Island Comprehensive Plan. In the Kodiak Island Borough October 15, 2008 P &Z Minutes Page 6 of 10 section described as "Description of Development Categories and Allowable Land Use," the Near Island Comprehensive Development Plan (1987) identifies a possible float plane facility to "...include docking and tie -down areas, a shore -based haul out area for maintenance, and parking areas" (p. 14). The maps accompanying that plan specifically designate Trident Basin as the site for a proposed floatplane facility and aerodrome. This intent dovetails with long - standing Port of Kodiak harbor plans to eliminate the extremely dangerous situation of boats and float plane traffic sharing the crowded St. Paul's Harbor Channel. Roll call vote on the motion CARRIED 7 -0. B. Case 09 -005. Request a review and recommendation of the 2009 — 2013 Capital Improvement Projects. The applicant is the Planning & Zoning Commission and the location is Borough wide. Cassidy gave a staff report. COMMISSIONER PURDY asked how this is advertised because everyone he has talked to wasn't familiar with it. Can we publish the entire list? Cassidy stated we advertise in the paper, we put a public service announcement on the radio, and we have received some nominations. Maybe we could publish the list as a way to get the word out. COMMISSIONER HARRINGTON stated that RuralCap might have a model they use to try to get more comprehensive involvement from community members. COMMISSIONER JANZ feels the public process is important as well and some of the lower end projects are lower because they don't have the people that are constantly in that arena. Having been through the process several times I wonder if postponing this for a month is going to change the outcome of this. CHAIR KING asked Cassidy if we have the funding to have the list printed as a supplement in the Kodiak Daily Mirror. Cassidy stated he doesn't know what it would cost. A value would be for the commission to meet with the Borough Assembly and meet with the City Council to talk through this process because this is their lists that these projects go on and there would be value in having this conversation so they too know that the reason for the CIP Lists is for projects starting from the grass roots level and working its way further up. COMMISSIONER KERSCH stated we should start on it earlier next year. COMMISSIONER WATKINS stated we should start earlier and publish it next year. COMMISSIONER JANZ MOVED to adopt Planning and Zoning Commission Resolution 2008 -01 recommending to the Borough Assembly a list of Priority Projects for inclusion into the Kodiak Island Borough's five (5) year 2009 -2013 Capital Improvement Program (CIP). Close regular meeting: Open public hearing:. Linda Freed stated the resolution references an appendix A and brought to their attention that it was pulled from a prior resolution and not updated and still includes some projects that have been completed and shared projects that should be included. She talked about the UV Water Treatment Facility is their top priority and grant funding. Kodiak Island Borough October 15, 2008 P &Z Minutes Page 7 of 10 Cassidy stated that when he sent Sheila the resolution the attachment from a previous CIP List went along with it but Attachment A is actually the list in the binder that includes all the project that Freed mentioned because they were taken off the Cities CIP List. CHAIR KING reminded the commission that the resolution that's on the floor is for Resolution 2008 -01 not 2009 -01, and he recommended either amend the motion or fail the motion on the floor. Open regular meeting: Close public hearing: Commission discussion. COMMISSIONER WATKINS MOVED to amend the motion to change 2008 -01 to 2009 -01. Roll call vote on the amended motion CARRIED 7 -0. Commission discussion. COMMISSIONER HARRINGTON feels several items should be changed. Cassidy stated the concept is that staff would provide something to the commission and as a group decision making process the commission would make the changes you think are appropriate. It was the consensus to work on this at a work session. COMMISSIONER KERSCH MOVED to postpone Case 09 -005 until the November 19, 2008 regular meeting. Roll call vote on motion CARRIED 7 -0. COMMISSIONER JUENGER MOVED to take a 10 minute recess and it CARRIED by unanimous voice vote. CHAIR KING called a 10 minute recess at 9:15 p.m. CHAIR KING reconvened the meeting at 9:25 p.m. OLD BUSINESS A. Case 03 -018. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1- Single Family Residential to B- Business. The applicant is James Hamilton. The location is the East end of Larsen Bay Townsite Subdivision and it is zoned R1- Single Family Residential. COMMISSIONER WATKINS stated he has a conflict of interest and excused himself to the back conference room. Cassidy gave a brief staff report and reminded the commission that this case has already went through the public hearing and that is why it's an old business item. CHAIR KING read the motion on the floor from the September 20, 2008 Planning & Zoning Special Meeting in Larsen Bay as follows: COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 16, Lots 10; from R1- Single Family Residential to B- Business. The question was called and it FAILED 6 -0. Kodiak Island Borough October 15, 2008 P &Z Minutes Page 8of10 COMMISSIONER HARRINGTON MOVED to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone request is intended to create commercial zoning districts to accommodate existing lodge uses and structures located near the western of the Larsen Bay Subdivision, near the small boat harbor. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. Staff analysis indicates that the nature and scale of the current use appears to be more residential than commercial at this point in time and that a rezone to B- Business will create additional commercial development potential that may require additional resources from the city's limited infrastructure system. Staff analysis indicates that the scale of use on this property may be able to be made conforming in the Rl zoning district by converting to a Bed & Breakfast use. This request has been held in abeyance for five or more years awaiting an update to the MB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA Assessment Report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re- establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The recommendation to deny this request is one based upon conditions in the community that are expected to change in community and while the recommendation at present is for denial, it must be stated that the future land use designation for this area is to become Commercial at some point in the future when the community is better able to support on a sustainable basis further commercial development. A recommendation for denial of the requested rezone at this time does not have an effect positively or negatively on the comprehensive plan goals and objectives, except to say that now is not the time for such a change to occur. Roll call vote on motion CARRIED 6 -0. NEW BUSINESS There is no new business COMMUNICATIONS There is no communications REPORTS Meeting Schedule: Kodiak Island Borough October 15, 2008 P &Z Minutes Page 9 of 10 • November 12, 2008 work session at 7:30pm in the KIB Conference Room. • November 19, 2008 regular meeting at 7:30pm in the Assembly Chambers. COMMISSIONER WATKINS MOVED to accept reports as presented. Motion CARRIED by unanimous voice vote. AUDIENCE COMMENTS There were no audience comments. COMMISSIONER'S COMMENTS COMMISSIONER JANZ said she appreciated the commission going to Larsen Bay and encouraged everyone to vote. COMMISSIONER JUENGER said this is his last meeting due to his resignation and he's learned a lot, and Juenger thanked Mayor Selby. COMMISSIONER KERSCH told Juenger it's been a pleasure and thanked him. COMMISSIONER WATKINS thanked Juenger for putting in his time and Juenger will be missed. COMMISSIONER PURDY said he also appreciated Juenger's time as well and he'll be missed. CHAIR KING also said he will miss Juenger and thanked him King also said Erin and Jim's terms are up the end of this year and if they wish to continue being on the commission get their applications in. King said he will be out of town October 17 and returning on October 27 and will also be leaving on November 8 and returning on November 17 Smith also told Juenger he'll be missed. ADJOURNMENT The meeting was adjourned at 9:37 p.m. ATTEST Sheila Smith, Secretary DATE APPROVED: November 19, 2008 Kodiak Island Borough October 15, 2008 By: KODIAK ISLAND BOROUGH ING AND Z OMMISSION Dave King, Chair P &Z Minutes Page 10 of 10 Commissioner Present Absent Excused Others Present Mr. King X Bud Cassidy Mr. Watkins X Community Development Ms. Janz X Sheila Smith Mr. Kersch X Community Development Mr. Purdy X Ms. Harrington X Vacant PLANNING & ZONING COMMISSIO NOVEMBER 19, 2008 REGULAR MEETIN MINUTES JAN - 8 2009 CALL TO ORDER CHAIR KING called to order the November 19, 2008 meeting of the Planning and Z niftg Commission at 7:30 pm. ' ROLL CALL A quorum was established. COMMISSIONER JANZ MOVED to excuse COMMISSIONERS WATKINS and HARRINGTON. Voice vote CARRIED unanimously. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED to approve the agenda. Voice vote CARRIED unanimously. APPROVAL OF MINUTES Regular meeting of: • September 20, 2008 • October 15, 2008 COMMISSIONER PURDY MOVED to approve the September 20 & October 15, 2008 Planning & Zoning minutes. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A. Case S09 -010. Request Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1st Addition; and Lot 2, Block 2, Kadiak Alaska 1st Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1st Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. The applicant is Michael Anderson. The location is the Perenosa Drive Right -of -Way, and the zoning is B- Business and R3- Multi- family Residential Cassidy gave a staff report. COMMISSIONER JANZ MOVED to grant preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1st Addition; and Lot 2, Block 2, Kadiak Alaska 1st P&Z Minutes November 19, 2008 Page 1 of 5 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1st Addition; Lot 2A, Block 2, Kadiak Alaska 1st Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1st Addition , subject to the conditions of approval contained in the staff report dated November 10, 2008, and to adopt the findings in that staff report as "Findings of Fact" for case S09 -010. Close regular meeting: Open public hearing: Alan Wiltse spoke in opposition to the vacation of the existing right -of -way for Perenosa Drive. Suzanne Rapoza spoke in opposition to the vacation particularly from the pocket park to the corner of Lot 3B -2 because there isn't any reason to vacate that, and she's not opposed to the access to Kodiak Christian School from Lot 3B -2. Garry Keman spoke in opposition to the vacation of Peranosa Drive except for the access to the Kodiak Christian School on Lot 3B -2. Cami Warner spoke in opposition to the vacation of Peranosa Drive except for the access to the Kodiak Christian School on Lot 3B -2. Close public hearing: Open regular meeting: Commission discussion. Roll call vote FAILED 4 -0. B. Case S09 -011. Request a vacation, according to KIBC 16.60, of a five (5) foot portion of a 50 -foot wide road and utility easement across the front of Lot 5A, U.S. Survey 3466. The applicants are Deborah & Dennis McCusker. The location is 2561 Beaver Lake Drive, and the zoning is RR1 -Rural Residential One. Cassidy gave a staff report. COMMISSIONER PURDY asked Cassidy about that portion of Beaver Lake Drive and the easement. COMMISSIONER JANZ MOVED to postpone Case S09 -011 until the January 21, 2009 regular Planning and Zoning Commission meeting, subject to the timely submittal of a more detailed preliminary plat preliminary plat by the December 1, 2008 agenda deadline and to provide additional vacation justification, including a response to the KEA objection, or to allow the case back on a subsequent agenda if the petitioner requires additional time. Close regular meeting: Open public hearing: Debra McCusker, applicant, spoke in favor of the request. Dennis McCusker, applicant, spoke in favor of the request. Close public hearing: Open regular meeting: Commission discussion. During discussion the commission talked to the applicants about a possible variance instead of a vacation. Roll call vote FAILED 4 -0. COMMISSIONER JANZ MOVED to initiate the investigation of a variance for Case S09 -011, and to request staff waive the fees if the applicants choose to submit a request for the variance. Roll call vote on the motion CARRIED 4 -0. P&Z Minutes November 19, 2•08 Page 2 of 5 Commissioner Present Absent Excused Others Present Mr. King X Bud Cassidy Mr. Watkins X Community Development Ms. Janz X Duane Dvorak Mr. Kersch X Community Development Mr. Juenger X Sheila Smith Mr. Purdy X Community Development Ms. Harrington X September 20, 2008 Special Meeting in Larsen Bay Kodiak Island Borough September 20, 2008 Kodiak Island Borough Planning & Zoning Commission Special Meeting Minutes E JAN - 8 2009 Larseniay Gymnasium CALL TO ORDER VICE CHAIR WATKINS calls to order the September 20, 2008 special meeting of the Planning and Zoning Commission at 12:12 p.m. ROLL CALL COMMISSIONER JANZ MOVED to excuse COMMISSIONERS KING, PURDY, and HARRINGTON. The motion was SECONDED by COMMISSIONER KERSCH and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED to approve the agenda of the Larsen Bay Special Meeting of September 20, 2008. The motion was SECONDED by COMMISSIONER KERSCH and CARRIED by unanimous voice vote. APPROVAL OF MINUTES There were no minutes AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A. Case 03 -011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 2 — 4, and Block 3, Lots 1 and 2 from R1- Single Family Residential to B- Business. The applicants are Michael & Lisa Carlson, Tammy Helms, & Uyak Bay Lodge LLC. The location is the East end of Larsen Bay Townsite Subdivision, and the zoning is R1- Single Family Residential. Dvorak gave a staff report. COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 1, Lots 1, 2 and 3; from R1- Single- family Residential to B- Business, subject to an effective clause, and to adopt the P &Z Guidelines Page 1 of 10 C. Case 09 -006. Request a Similar Use Determination, in accordance with KIBC 17.03.090.A & 17.29.020.A, to allow a municipal police station and ancillary use (i.e. jail, regional dispatch facility, animal control, community services activities, etc.) to be located on a site in the B- Business zoning district as a use similar in character and impact to a Single- resident Occupancy (SRO), particularly regarding the proposed jail portion of the use. The applicant is the City of Kodiak, and the agent is Linda Freed. The location is 2150, 2160, & 2170 Mill Bay Road, and the zoning is B- Business. Cassidy gave a staff report COMMISSIONER KERSCH MOVED to grant a similar use determination , per KIBC 17.03.090, to allow a police station, including a 22 -bed jail, as a use similar in character and impact to a permitted single- resident occupancy use, per KIBC 17.29.020.A, and to approve the findings in the staff report dated November 10, 2008 as "Findings of Fact" for this case. Close regular meeting: Open public hearing: TC Kamai, Police Chief, spoke in favor of this request. Kirk Rasmussen spoke in opposition of this request. Close public hearing: Open regular meeting: Commission discussion. Roll call vote FAILED 4 -0. COMMISSIONER JANZ MOVED to initiate a rezone, in accordance with KIBC 17.205.030.B, to investigate the possible rezone of Lots 20, 21 & 22, U.S. Survey 3098, from B- Business to PL- Public Use Land. COMMISSIONER JANZ MOVED TO AMEND the rezone to include the initiation for a conditional use for Case 09 -006. COMMISSIONER PURDY expressed concern about the lack of 14 parking spaces, and wants to see another assessment of parking areas. Roll call vote - amended motion CARRIED 4 -0. Roll call vote -main motion CARRIED 4 -0. CHAIR KING called a 10 minute recess at 9:00 p.m. CHAIR KING reconvened at 9:11 p.m. D. Case 09 -007. Request an appeal of a decision in accordance with 17.100.020 that approves an abbreviated plat to re- subdivide Lots 12B -1 and 13C -1, Block 1, Miller Point Alaska subdivision, 2nd Addition creating Lots 12C, 12D and 13D, Block 1, Miller Point Alaska Subdivision, 2 " Addition. Relief sought by the appellants is to prevent the creation of the additional lot and modification of adjacent parcels for the benefit of this newly proposed lot on the basis that approval of the abbreviated plat will increase the neighborhood traffic volume and cause a negative irrevocable change in neighborhood character. The re- subdivision and reconfiguration of the adjacent parcels will create lots that are too narrow to adequately provide access to and from these modified parcels. The appellants are Solveig Christenson and Randy Schick. The location is 4296 and 4304 Cliffside Road, and the zoning is R2 -Two Family Residential. CHAIR KING announced: This is an appeal of the Community Departments decision, only persons who have received written notice of the appeal or submitted written comments on the appeal may present oral argument. Oral argument shall be subject to the following order and time limitations, unless the commission, for good cause shown, permits a change in the order or an enlargement of time. P&Z Minutes November 19, 2008 Page 3 of 5 1. Borough staff: ten (10) minutes to present the decision below and to set forth the evidence and reasons relied upon for the decision. 2. Appellant. ten (10) minutes. 3. Private person supporting the appeal: ten (10) minutes each. 4. Private person opposing the appeal: ten (10) minutes each. 5. Appellant, for rebuttal: ten (10) minutes. The commission shall decide the appeal upon the appeal record and the written and oral argument presented on the appeal. CHAIR KING asked Cassidy procedural questions. Cassidy stated we can't deny the public to rights of appeal and testimony, and we're going with the advice of the attorney. Cassidy, borough staff, presented the decision and set forth the evidence and reasons relied upon for the decision. Randy Schick, appellant, presented his argument. Solveig Christensen, appellant, presented her argument. Mike Sirofchuck, private person in support of the appeal, presented his argument. Stacy Studebaker, private person in support of the appeal, presented her argument. Lynn Furin, private person in support of the appeal, presented her argument. Kirk Rasmussen, private party opposing the appeal, presented his argument. Solveig Christensen, appellant, presented her rebuttal. Commission discussion. CHAIR KING called a recess at 10:30 p.m. CHAIR KING reconvened the meeting at 10:40 p.m. COMMISSIONER PURDY MOVED to affirm the decision of the community development department director approving an abbreviated plat as submitted. Roll call vote FAILED 2 -2. The ayes: COMMISSIONER KERSCH and CHAIR KING. The noes: COMMISSIONER JANZ and COMMISSIONER PURDY. COMMISSIONER JANZ MOVED to approve the reversal of a decision of the community development department director in approving the abbreviated plat. Roll call vote FAILED 2 -2. The ayes: COMMISSIONER JANZ and COMMISSIONER PURDY. The noes: CHAIR KING and COMMISSIONER KERSCH. It was the consensus to postpone until a December special meeting to allow staff time to research the next step. COMMISSIONER KERSCH MOVED TO POSTPONE this case until the December 17 Special Meeting at 6:00 p.m. Roll call vote CARRIED 4 -0. E. Case 09 -005. Request a review and recommendation of the 2009 — 2013 Capital Improvement Projects. The location is Borough wide projects. Cassidy gave a staff report COMMISSIONER PURDY MOVED TO POSPONE INDEFINITELY the review of the 2008 Capital Projects List. Close regular meeting: P&Z Minutes November 19, 2008 Page 4 of 5 Open public hearing: Close public hearing: Open regular meeting: Roll call vote CARRIED 4 -0. OLD BUSINESS There was no old business NEW BUSINESS There was no new business COMMUNICATIONS There was no communications REPORTS A. Abbreviated & Final Plats B. Meeting Schedule: • December 10, 2008 work session at 7:30pm in the KIB Conference Room • December 17, 2008 regular meeting at 7:30pm in the Assembly Chambers COMMISSIONER JANZ MOVED to accept reports as presented. Voice vote motion CARRIED unanimously. AUDIENCE COMMENTS COMMISSIONER'S COMMENTS COMMISSIONER JANZ said she went to GIS Day and said it's exciting to hear what the borough is doing and moving forward, and the cruise ship meeting was well attended also. COMMISSIONER PURDY said he hopes the public understands the process we went through tonight and they seem to get caught up in governmental procedure but we did the best we could. ADJOURNMENT CHAIR KING adjourned the meeting at 10:59 p.m. ATTEST BY: ht.tQr t (ii c ) DATE APPROVED: December 17, 2008 B KODIAK ISLAND BOROUGH NNIN & N • COMMISSION 1 P&Z Minutes November 19, 2008 Page 5 of 5 A. Call to Order Chair C. Lorenson called the meeting to order at 7:08 pm. D. Public Comments E. Approval of Previous Minutes G. Chair Report Service Area No. 1 Board Regular Meeting 06 May 2008 7:00 pm KFRC Conference Room DEC 1 0 2008 B. Roll Call Present were Board Members S.L. Adinolfi, K. Arndt, S. Arndt, C. Lorenson, E. Mahoney and P. Tuttle. Excused Board Member was D. Symmons. Others in attendance were K. Fortune and C. Johnson. C. Approval of Agenda E. Mahoney made a Motion to Amend the Agenda by moving Item B. of New Business to A. of Old Business. It was Moved, S. Arndt and seconded to approve the Amended Agenda. There was a unanimous affirmative voice vote. K. Fortune asked the Board what was happening on the drainage issue in Shahafka area. He would like to know what the plan is, if any. C. Johnson stated he was there for the same issues. He said he's lived on Shahafka for 26 years and gave the Board some history of the drainage issues. It was Moved, S. Arndt and seconded to approve the minutes of March 19, 2008. There was a unanimous affirmative voice vote. F. Acceptance of Financial Report It was Moved, S. Arndt and seconded to acknowledge receipt of the Financial Report. There was a unanimous affirmative voice vote. Chair Lorenson stated Brechan is back out at Pasagshak so they weren't able to get to the calcium chloride. Chair said that they've been dealing with a lot of grading on Sharatin, Puffin & Curlew and it will be his mission to get these three roads paved. He will come up with a cost of grading and filling in the potholes and bring it before the Board at their next regular meeting. He told the Board there were a few street signs that were lost this winter that are on their way and will be installed. C: \Documents and Settings \mbarber \Local Settings \Temporary Internet Files\ Content .Outlook \HJSRD7MW \Minutes 06 May 08.doc It was Moved, S. Arndt and seconded to authorize the Chair to talk to T. Hurley to acquire an easement across the two lots. Discussion followed and the key points were cost and procedure. There was a unanimous affirmative voice vote. H. Old Business a. Tax Issues E. Mahoney reported that tax exempt residents in the Service Area can vote on issues, whether the Service Area paves the road and they don't have any liability. He told the Board if he got the authority he would move forward with the exemption issue. He stated that Kodiak was the only City that has the exemption. Discussion followed re: annexation, exempt residents and voting issues, state statutes, etc. E. Mahoney stated he would go to the Manager and have a report at the next meeting. I. New Business a. Review North Star Elementary School Pedestrian Trail Improvements Discussion followed re: emails from B. Cassidy on responsibility of maintenance, etc. no Action to be taken at this time. b. Selief Lane Paving Issue C. Lorenson stated Brechan wouldn't be able to pave this area until after the end of the fiscal year. Discussion followed re: presenting to the Assembly It was Moved, S. Arndt and seconded to authorize the Assembly to move forward with resurfacing the Service Area #1 portion of Selief Road and forming an assessment district for this season's construction. Motion carried by a unanimous roll call vote. J. Public Comments None. K. Board Member Comments E. Mahoney stated it was a good meeting. He hoped that things could get done and he feels if the Board puts it on the Assembly's platter who knows what will happen with it, he would like to see it get repaved as it is heading south in a hurry. The tax issue, he stated he has hopes about it and believes there are some people on the Assembly now that seem to understand things a little differently so maybe that will happen. He intended to move forward with his issues. K. Arndt none. C: \Documents and Settings \mbarber \Local Settings \Temporary Internet Files\ Content .Outlook \HJSRD7MW \Minutes 06 May 08.doc P. Tuttle stated she would be submitting her letter of resignation tomorrow effective immediately. She stated she wished she could have got Woodland Acres paved and wished the best to the rest of the Board. S. Arndt suggested not advertising the open position. SL. Adinolfi wished P. Tuttle the best of luck and stated she felt this was one of the better meetings and that she thought they accomplished something. Chair Lorenson thanked P. Tuttle for her service and said she would be missed and appreciated her input. L. Meeting Schedule To be decided at a later date. 0. Adjournment There being no further business before the Board, it was Moved, S. Arndt and seconded to adjourn the meeting at 8:03pm. Submitted By: cilities Mary J. Bar Engineerin Charlie Loren on, Chair Service Area No. 1 Date: l S l ® 8 Date: / 2-- 9 C: \Documents and Settings \mbarber \Local Settings \Temporary Internet Files\ Content .Outlook \HJSRD7MW \Minutes 06 May 08.doc KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: 11.9409 Please PRINT your name Please PRINT your name .5o 0 '6 cis 0 i ca 0 a . N 0. ii 0 c N c 0 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET ON S3A Ms. Branson 1 Mr. Friend a Ms. Fulp 4 Ms. Jeffrey Mr. Kaplan Ms. Lynch TOTAL: The mayor may not v9te except in the case where only six members of the assembly are present and there is a three /three tie vote of the Mayor Selby ` G c-) z 0 '<-' >- W CO v) b cs . Cf co .---<, 4-26, 1- z er -< , d 0 o' 5: W m t/) ON 0 S3A Ms. Branson Mr. Friend l' ding Sys Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby 1:7,_,_ --.4 ---r \-- D o Z � ' ,lam 5: w in Cl) ON 0 S3A z-- Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch TOTAL: Mayor Selby o 5: W m V) ON S3A Ms. Branson 1 Mr. Friend 1 dingy •SW Ms. Jeffrey Mr. Kaplan Ms. Lynch TOTAL: Mayor Selby G Z 0 w m v) 1 ON Z 0 I S3A Ms. Branson Mr. Friend Ms. Fulp 1 Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby .5o 0 '6 cis 0 i ca 0 a . 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Ms. Branson 1 Mr. Friend 1 dlnd •sW Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby D O Z C ) W m cA Q o ' W a m co I ON NOA O I S3A 1 Ms. Branson Mr. Friend Ms. Fulp 1 Ms. Jeffrey 1 Mr. Kaplan 1 Ms. Lynch 1 Ms. Stutes 1 VERIFY: DO TOTAL: Mayor Selby ci 0 o 0) 0 0 U KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: N 9gig)(g G z O >- w co (n ON ote except in the case where' only six members of the assembty arb'present and there is a three /three tie vote of the assembly. S3A Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby C z O 5: w m (1) ON S3A Ms. Branson Mr. Friend ding 'SW Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby p z O w m . ON S3A L Ms. Branson Mr. Friend dinj •SW Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes IEIR VOTE? VI TOTAL: Mayor Selby V W m v0 cP \ t ) ON S3A c _ Ms. Branson Mr. Friend Ms. Fulp 4 Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby .4 v✓ Z O 5: w m Un s-c p / ON 1 S3A c- Ms. Branson Mr. Friend k Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby F- LU W 2 0 J J V J J 0 IX CO W N 0 0 0 z J N 0 0 U N 0. v N c L a Kodiak Island Borough Assembly Regular Meeting Guidelines January 22, 2009, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to specifically excuse any Assembly members that are absent. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and consent agenda as submitted. VOICE VOTE ON MOTION 5. APPROVAL OF MINUTES - None 6. AWARDS AND PRESENTATIONS A. Student of the Month — Mayor Selby • Madison Strong, senior at Port Lions School B. Employee of the Quarter — Manager Gifford (Note: Postponed to February 19) 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 A. U.S. Army Corp of Engineers Update — Valerie Palmer, Environmental Engineer 9. PUBLIC HEARING - None 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None. Kodiak Island Borough Assembly Guidelines January 22, 2009 Page 1 13. NEW BUSINESS A. CONTRACTS 1. Contract No. FY2009 -11 Collective Bargaining Agreement With the International Brotherhood of Electrical Workers Local 1547. Recommended motion: Move to authorize the manager to execute Contract No. FY2009 -11 with the International Brotherhood of Electrical Workers Local Union 1547 and to adjust the Borough Salary Schedule to reflect the COLA for all Borough employees (union and non - union) effective January 1, 2009. Staff report — Manager Gifford If the Assembly should choose to convene into Executive Session: Recommended motion: Move to convene into executive session to discuss the details of the Collective Bargaining Agreement with IBEW, a subject that qualifies for executive session as a matter involving negotiations with labor organizations representing Borough employees. ROLL CALL VOTE ON MOTION Please invite all Assembly members, the Manager, the Clerk, and Finance Director Short to join in the executive session. After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces no action is to be taken as a result of the executive session. Or, Assembly discussion (Restricted) ROLL CALL VOTE ON MOTION 2. Contract No. FY2009 -12 Upgrade of KIB Public Safety Radio Systems with Aksala Electronics, Inc. Recommended motion: Move to authorize the Borough Manager to enter into a contract with Aksala Electronics, Inc. for the upgrade of Kodiak Island Borough Public Safety radio systems for an amount not to exceed $70,320.00. Staff report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines January 22, 2009 Page 2 B. RESOLUTIONS 1. Resolution No. FY2009 -17 Adopting a Federal Capital Improvement Projects Priority List for the Fiscal Years 2009 -2013. Recommended motion: Move to adopt Resolution No. FY2009 -17. Clerk's note: Attached on — is a corrected copy of Resolution No. FY2009 -17. Copies are made available to the public. Staff Report — Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION 2. Resolution No. FY2009 -18 Adopting the Kodiak Island Borough Strategic Plan for the Years 2009 -2013. Recommended motion: Move to adopt Resolution No. FY2009 -18. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2009 -14 Amending Kodiak Island Borough Code of Ordinances, Title 3 Revenue and Finance Chapter 3.10 Public Finance — Management and Accounting by Repealing Section 3.10.130 Education Fund. Recommended motion: Move to adopt Ordinance No. FY2009 -14 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION D. OTHER ITEMS 1. Mayoral Appointment to Parks and Recreation Committee. Recommended motion: Move to confirm the mayoral appointment of Mr. Rick Lindholm to the Parks and Recreation Committee for a term to expire December 31, 2011. Staff Report — Clerk Javier ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines January 22, 2009 Page 3 2. *Declaring a Seat on the Service Area No. 1 Board Vacant. 3. Appointment to the Service Area No. 1 Board. Recommended motion: Move to confirm the Assembly appointment of Mr. Alan Torres to the Service Area No. 1 Board for a term to expire October 2009. Staff Report — Clerk Javier ROLL CALL VOTE ON MOTION 4. *Resignation of Planning and Zoning Commission Members. 5. *Resignation of Board of Equalization Member. 6. Mayoral Appointment to Architectural Review Board. Recommended motion: Move to confirm the mayoral appointment of Mr. Scott Bonney and Mr. Peter Malley to the Architectural Review Board for terms to expire December 31, 2011. Staff Report — Clerk Javier ROLL CALL VOTE ON MOTION 7. State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Applications. Recommended motion: Move to voice non - protest to the State of Alaska Alcoholic Beverage Control Board indicated on the attached spreadsheet with the exception of the Kalsin Bay Inn #621 (Beverage Dispensary) and Kalsin Bay Inn #622 (Package Store) applications based on unpaid taxes. Staff Report — Clerk Javier Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION 8. Mayoral Appointment to the Solid Waste Advisory Board. Recommended motion: Move to confirm the mayoral appointment of Mr. Nick Zsabo to the Solid Waste Advisory Board for a term to expire December 31, 2009. Clerk's Note: Mr. Zsabo's application is attached on paper. Staff Report — Clerk Javier ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines January 22, 2009 Page 4 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 work session scheduled on Thursday, January 29, 2009 and the regular meeting scheduled on Thursday, February 5, 2009 have been cancelled. The Assembly and City Council will meet in a joint work session on Tuesday, February 3, 2009 at 7:30 p.m. in the Borough Assembly Chambers. The Annual Boards, Committees, and Commissions Reception will be held Friday, February 6 from 7 to 9 p.m. at the Kodiak Fisheries Research Center. All board members, committee members, and commissioners and their guests are invited to attend. The next work session is scheduled on Thursday, February 12, 2009 at 7:30 p.m. in the Borough Conference Room and the regular meeting is scheduled on Thursday, February 19, 2009 at 7:30 p.m. in the Borough Assembly Chambers. The Mayor will be traveling to Juneau, January 28 -30 to attend the AML Legislative Meeting. Members of the Assembly will be traveling to Anchorage, January 28 -31 to attend the Southwest Alaska Municipal Conference Economic Summit and Membership Meeting. The Mayor and members of the Assembly will be traveling to Juneau to attend the Legislative Reception, Tuesday, February 17. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines January 22, 2009 Page 5 CORRECTED VERSION KODIAK ISLAND BOROUGH RESOLUTION NO. FY2009 -17 Introduced by: Manager Gifford Requested by: Borough Assembly Drafted by: Spedal Projects Support Christiansen Introduced: 01/22/2009 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADOPTING A FEDERAL CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE FISCAL YEARS 2009 -2013 WHEREAS, a capital improvement program has been adopted by the Kodiak Island Borough Assembly that identifies the needs of the community over the next five (5) years; and WHEREAS, the Kodiak Island Borough has identified seven six main capital improvement projects to submit to the Alaska Congressional Delegation for funding consideration. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's top seven six federal capital improvement project priorities for fiscal years 2009 -2013 are as follows: 1. Kodiak - Near Island Research and Administration Facility Total estimated cost of the project $14,600,000 Federal Funding Requested $ 3,110,000 This project is a classic Federal- State -Local collaboration. ADF &G needs roughly 60% more space to conduct its science, management, and enforcement mission in the Gulf of Alaska region. There is a particular need for additional lab space to accommodate research. ADF &G's research is focused on Steller sea lion stocks, crab stocks, and ground fish. The new facility would be located on Near Island adjacent to the existing Kodiak Fisheries Research Center, a research facility dedicated to NOAA and University of Alaska research efforts on Borough land. The State of Alaska has committed roughly $5 million to the project, and an application to the Exxon Valdez Oil Spill Trustee Council is currently pending for $6.5 million. An additional investment of $3.1 million is necessary to finance this public infrastructure. This would be a major step forward in realizing Kodiak's Tong -term objective of developing a Federal -State collaborative marine science campus on Near Island. 2. Anton Larsen Dock (design, repair and construction) Total cost of the project $1,000,000 Federal Funding Requested $1,000,000 The Anton Larsen Floating Dock is located 18 miles from the town of Kodiak. It was originally constructed as a supply dock for work associated with the Terror Lake Hydroelectric Project. Instead of dismantling the dock upon the completion of the dam, the Y Project. 9 P P Borou h became interested in it. It is a facility that is heavily used by residents of the rural 9 tY Y Y communities of Port Lions and Ouzinkie, as well as those living on the island's west side. During the summer it is also used by charter boats and sports and commercial fishermen. This interest resulted from the boating public's desire for a safer route to the community of Kodiak through Anton Larsen Bay. A road leads to the City of Kodiak from this dock, bypassing the potential risk to loss of life and property that is huge when navigating around Kodiak Island Borough Resolution No. FY2009 -17 Page 1 of 3 CORRECTED VERSION Spruce Cape. Spruce Cape is one of the most dangerous stretches of water on Kodiak Island and many people risk navigating around this cape to receive essential services. The KIB improved the dock in 1995 by driving piles and refurbishing the floating dock structure. Much more needs to be done to replace the dock and piles and design an improvement to this important facility. 3. Womens Bay Emergency Shelter Total cost of the project $1,200,000 Federal Funding Requested $800,000 There is no emergency shelter in the Womens Bay Community. Womens Bay is located 8 miles from town and 2 miles from the USCG Support Center. Should there be a tsunami that destroys the roads, or a rock slide at the Pillar Mountain slide area or the Old Womens Mountain site, the community of 670 residents would be without support services. A logical location for an emergency shelter is adjacent and attached to the Womens Bay Fire House. This existing building acts as a community gathering center, but there is presently no additional space to respond to shelter needs in times of crisis. A proposed 2,500 square foot addition with an emergency generator is proposed at a cost of $1,200,000. 4. Kodiak Roads Total cost of the project $7,500,000 Federal Funding Requested $5,000,000 The Kodiak Island Borough has been struggling to meet the demand for maintaining its existing road system. Most of the population growth is occurring outside of the Kodiak city limits, falling within the Borough's jurisdiction. As this population increases, the dirt roads become increasingly unsafe and more expensive to maintain. Many of these roads are composed of compacted gravel topped with finer material. The local material used for road construction is slate that is quite soft and breaks down rapidly after being compacted by traffic, road maintenance, and snow removal. The road material presents a continuous struggle to maintain in a rainy climate, requiring frequent pot hole and drainage repair. During dry spells, fine airbome dust creates visibility hazards and respiratory health concerns. Additionally, children walk along the road corridors when going to school, and the decaying road surfaces present safety issues for them. 675. Rezanof Drive Pavement Rehabilitation and Upgrade Total cost for the project: $10,000,000 Federal Funding Requested $10,000,000 Funding for this project would repair eight miles of ruts on Rezanof Dr. in order to extend the service life of the existing pavement on the state owned road, part of the Alaska Highway system. Approximately 8 miles of road from Abercrombie to the Coast Guard base have deteriorated with ruts and breaking pavement and is in need of serious repair which would include pavement overlay of the entire 8 miles. Rezanof Dr. is the route connecting Kodiak with the state -owned airport and the US Coast Guard base. Rezanof Dr. is a major thoroughfare and used extensively by citizens living on the road system on Kodiak Island from Abercrombie through the City of Kodiak and past the Coast Guard base. This road is owned and maintained by the State of Alaska Department of Transportation and Public Facilities and is listed as number 29 out of 100 worst roads in Alaska that need repair; no funding has been identified by ADOT &PF to make the necessary repairs. This road project is not included in the Statewide Transportation Improvements Program (STIP) and could be years away from receiving any federal -aid funds. Kodiak Island Borough Resolution No. FY2009 -17 Page 2 of 3 CORRECTED VERSION 7-76. New High SchoollVocational Education Total cost for the project: $115,300,000 Federal Funding Requested $23,000,000 ATTEST: The existing Kodiak High School Complex was built in 1966 with several additions and renovations made throughout the years. The building is now functionally obsolete, is not energy efficient, and is overcrowded. This project will construct a new high school building on the present site, renovate the newest portion of the existing building for administrative offices, and demolish the remaining obsolete structures. The primary objective of this project is to design and build a new high school with a focus on current and future vocational and academic educational needs enriched by essential student activities and regional community involvement. This new facility would be built using the latest technology for energy efficiencies and sustainability. Approximately $23 million of the cost of this project is for vocational facilities that are needed for the Kodiak Island region. Funding for this project will come from a borough -wide bond sale which will include local contribution and state reimbursement. Given the State's responsibility to provide vocational education and training, and the significantly higher costs vocational facilities add to the new high school, the Borough is requesting legislative funding for the vocational portion of the new high school in the amount of $23 million. Section 2. The Kodiak Island Borough administration is hereby instructed to advise Congress and the appropriate agencies of the United States Federal Government of the Capital Improvement Project Priorities adopted by the Kodiak Island Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS OF 2009 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough Resolution No. FY2009 -17 Page 3 of 3 Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 1�`3 _ Phone (907) 486 -9310 Fa 907) 486 -039 QCT 3 rooe Sp4 /4 to srit /4 r ✓lsc)4y BOARD APPLICATION NAME: /hue SZ e> HOME PHONE: 47.&-38i5-1 WORK : 66"4- 3213E -MAIL: .‹r;e_ /� gc. ,r1, STREET ADDRESS: / ?/ 9 S &Amde d MAILING ADDRESS: p0 i3D1( /1033 M'DD/AX, A ?XIS LENGTH OF RESIDENCE IN KODIAK: 4 maids IN ALASKA: 9L 3 Y1445 ARE YOU A REGISTERED VOTER IN KODIAK ? NO ARE YOU A PROPERTY OWNER IN KODIAK? NO COMMUNITY ACTIVITIES: / 2'r /live /1Q1.4AK /4Dktrip mY Xpahot I/o vs CL 3, 4lmtido /Awl -//dinfic 40 440 me taedarg4s J(DD,AL 7; 4S4 S4' AM2 /fScvE PROFESSIONAL ACTIVITIES: �Q ,, Aod/A .c - 7 Aiodit /� .✓L 4 - Xerfih lily C ra, )(op/4j 04400,0 czkifid,ec c AREA OF EXPERTISE AND /OR EDUCATION: a' ,4 Ac rei .4. �1 441.1 /A. .use 1.14,400.6. C>•v SO44474445 A rt er SsAido &i4 iZ A A 1 s1.4�/i10 zav SLR -AWL .�✓,I Aatierr hte AO. r cps ee•GorAbsida ie. 7745 zwile. A resume or letter of interest may be attached, but is not required. • STAFF USE ONLY - Voter ID No Verified By: Applicant's Reddens; = .. h) City Dab AppNrited: Tenn Expires an: Comments: Documentation: \\dove\borough \CL\BOARDS\2OO6 BOARD APPLICATION.doc _ _1 �zutc Appointment Letter. Roster: Oath of Office: Financial Disclosure: