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2009-06-25 Work SessionKodiak Island Borough Assembly Work Session Thursday, June 25, 2009, 7:30 p.m., Borough Conference Room Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions are NOT considered part of the official record. Citizen's comments intended for the "official record" should be made at a regular Assembly meeting. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) AGENDA ITEMS: 1. Borough /School District Renewal and Replacement Projects — Possible Funding Options 2. LLP Recency Letter 3. Records Management Code Review PACKET REVIEW PUBLIC HEARING State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership and Location of Liquor License. Applicants: Blue Sky Grill, Inc. (Wes Osowski, LLC Agent). Ordinance No. FY2009 -01 E Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Account for Various Revenues that are Over Budget, Provide for Additional Expenditures, Budget New Projects, and Move Funds Between Projects. CONTRACTS *Contract No. FY2010 -02 Kodiak Landfill Shot Rock Development Project. *Contract No. FY2010 -03 Road Maintenance and Repairs, Snow Removal and Sanding, and Small Projects under $15,000 for KIB Facilities and Grounds. *Contract No. FY2010 -04 Road Maintenance and Repairs, Snow Removal and Sanding for Bayview Road Service Area. *Contract No. FY2010 -05 Road Maintenance and Repairs, Snow Removal and Sanding for Monashka Bay Road Service Area. *Contract No. FY2010 -06 Road Maintenance and Repairs, Snow Removal and Sanding for Service Area No. 1. *Contract No. FY2010 -07 Road Maintenance and Repairs, Snow Removal and Sanding for Womens Bay Service Area. RESOLUTIONS *Resolution No. FY2009 -34 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. *Resolution No. FY2010 -04 Adopting to Participate in the AMLJIA Loss Control Incentive Program ORDINANCES FOR INTRODUCTION Ordinance No. FY2010 -02 Amending the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.40 Records Management, Chapter 2.50 Borough Clerk, Section 2.50.020 Duties, and Chapter 2.55 Engineering and Facilities Department, Section 2.55.010 Engineering and Facilities Department Director. OTHER ITEMS Confirmation of the Mayoral Appointment to the Planning and Zoning Commission. EXECUTIVE SESSION Borough Manager's Performance Evaluation. MANAGER'S COMMENTS CLERK'S COMMENTS MAYOR'S COMMENTS ASSEMBLY MEMBERS COMMENTS Kodiak Island Borough School District Resolution 089 -004 Kodiak High School WHEREAS, the educational requirements have changed since Kodiak High School was constructed in 1966 as a regional education center; and obladacoa u� WHEREAS, Kodiak High School's design shortfalls were recognized and multiple remodeling projects have been done; and WHEREAS, the last new construction project to add vocational or academic space was in 1972; and WHEREAS, in the late 1980s Kodiak High School grew beyond 500 students and a four -phase reconstruction project began; and WHEREAS, the fourth phase of the above project, which would have addressed needed additional academic instructional space, was never started; and WHEREAS, enrollment at Kodiak High School has soared from 550 students to as high as 850 and remains just under 800 students; and WHEREAS, enrollment projections demonstrate a steady enrollment of 200 plus students more than which fit the Kodiak High School educational facility; and WHEREAS, providing educational space requires the use of community schools facilities, auditorium space, rented space, as well as overcrowding of existing high school facilities; and WHEREAS, the instructional space available does not support the instructional programs which are needed; and WHEREAS, the Board of Education has commissioned an architect to fully evaluate reconstruction options that support the kind of programs necessary for Kodiak High School to fully meet the educational expectations defined by our community; and WHEREAS, the design process has undergone two years of refinement; and WHEREAS, the educational facilities and space survey identified that a substantial remodel and new construction of Kodiak High School will meet instructional space needs in grades K -12; and 1 WHEREAS, the Kodiak Island Borough School District's educational mission is severely compromised by facility limitations at Kodiak High School; and WHEREAS, public feedback since the first bond election in 2008 has yielded a more cost - effective design; and WHEREAS, no further architectural design work prior to bonding is practical in any circumstance; and WHEREAS, cost estimates have been exhausted and cannot be further developed without a passed bond ordinance to secure a bid for complete design; and WHEREAS, responding to the Kodiak High School instructional space needs will not be complete without the opportunity for the citizens of Kodiak Island Borough to vote. NOW, THEREFORE BE IT RESOLVED, that the Kodiak Island Borough School District Board of Education requests that Kodiak Island Borough put a Bond Ordinance before the vote of the people of Kodiak Island Borough to reconstruct Kodiak High School in a multi- phased project as presented by Kodiak Island Borough School District Staff. ADOPTED this 2 Z k Norm Wooten, President Kodiak Island Borough School District Board of Education day ofu ►�. �- 2 , 2009 CIP FY 2010 Building System Appraisal (List taken from Appendix A of EED Preventive Maintenance Handbook) Current Dollar Value of Systems /Components that require Renewal or Replacement during Year (in thousands of dollars) 1 Attach Survey if included in C!P Total Costs by System (in dollars) 1972 Gym Library/Commons Wing System Year Installed Remain. ing Life Span Year work req'd Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Name and /or Number Site Improvements Site Utilities ' 2009 2010 2011 2912 2013 `.2014 EED # Dist. # Foundation /Substruct. 1972. 12 2022 $ 1,700,002 Superstructure 1972. 2 2012 4,874 X $ 4,873,535 Gross Square Footage 63,800 Exterior Wall System 1972 -10 2000 2,203 X $ 2,202,944 Exterior Windows Exterior Doors 1972 1972 -8 -10 2002 761 130 X $ 761,209 2000 X _ _ $ 129,736 Number of Stories 2 Roof Systems 1972 Q 2010 1,497 X $ 1,497,061 Interior Partitions 1972. 12 2022 $ 1,552,943 Interior Doors 1972 -8 2002 507 X $ 507,310 Building or Facility Use Secondary Education Interior Floor Finishes 1972 5 2015 1,651 $ 1,650,756 Interior Wall Finishes 1972 -10 2000 638 X $ 638,236 Interior Ceiling Finishes 1972 -10 2000 949 X $ 948,531 Replacement $29,411,800 Value Specialties 1972 .2 2012 866 $ 865,997 Conveying Systems 1988 16 2026 1,072 $ 111,765 Plumbing piping 1972 2002 X $ 1,072,060 Replacement $340 /sf escalated or $461 /sf) NOTES based on Plumbing Fixtures 1972 -8 2002 453 X $ 452,942 Fire Protect. /Suppres. 1972. -8 2002 804 X $ 804,413 to 2010, HVAC Distribution 1972 2 2012 1,544 $ HVAC Equipment 1972 -8 2002 3,162 X $ 3,161,7769 3,161,769 HVAC Controls Electrical Serv. /Gen. 1972 -10 2000 2012 734 X $ 733,824 1972 2 787 $ 787,306 Electrical Distribution 1972 12 2022 $ 811,766 Electrical Lighting 1972 -12 1998 1,779 X $ 1,779,414 Special Electrical 1988 -12 1998 824 _ X X $ 823,5_30 Facility 0.527440618 Cost Index Equip and Furnishings Totals 15,513 8,071 - - 1,651 - $ 25,234,692 Six Year Total Renewal and Replacement Schedule Attachment 4 mcdonaid0l$ \My Documents \KHS Project \[1972 wing renewal replacement 0651.xls11972 Renew Replace Schedule PM Standards BP Page 1 of 1 Attachment 4 Renewal and Replacement Schedule \STAFFIsmcdonald01$\My Documents \KHS Project\[1966 wing renewal replacement 0651. xisi1966 Renew Replace Schedu PM Standards BP Page 1 of 1 CIP FY 2010 Building System Appraisal (List taken from Appendix A of EED Preventive Maintenance Handbook) Current Dollar Value of Systems /Components that require Renewal or Replacement during Year (in thousands of dollars) X Deferred X Project 1 Attach Survey if 1 ' included in CIP Total Costs by System (in dollars) Kodiak High School Academic and Vocational Wing System Site Improvements Site Utilities Year Installed "1136 s 1 Remain ing Life Span : 0 Year work re 'd ;. 201 Year 1 .2009 Year 2 2010 Year 3 2011, Year 4 r2012 Year 5 201:x'; Year 6 2014 Name and /or Number EED # ::::::.:...:.. ..:: Dist. # Foundation /Substruct. 1966 6 2016 2,906 $ 2,906,029 Superstructure 1966 6 2016 3,864 $ 3,864,309 Gross Square Footage 61,500 Exterior Wall System 1966 -22 1988 2,579 X X $ 2,578,569 Exterior Windows 1966 -12 1998 682 X $ 681,854 Exterior Doors 1966 -22 1988 136 X $ 136,000 Number of Stories 1 Roof Systems 2001 15 2025 $ 1,315,510 Interior Partitions 1966 6 2016 1,493 $ 1,492,706 Interior Doors 1966 -12 1998 463 X $ 462,635 Building or Facility Use secondary school Interior Floor Finishes 2000 2 2012 1,545 X $ 1,545,157 Interior Wall Finishes 1966 . -10 2000 588 X $ 587,945 Interior Ceiling Finishes 1966 . -19 1991 988 X $ 987,520 Replacement Value $28,351,500 Specialties 1966 -4 2006 755 X $ 755,026 Conveying Systems Plumbing piping Plumbing Fixtures .1966 1966 -12 1998 992 X $ 992,303 Based on replacement calculated $461 /sf 2010) NOTES 2008 dollars, -12 1998 486 X $ 486,228 Fire Protect. /Suppres. 1966 1966 -12 -2 1998 2008 727 1,432 X X $ 727,216 $ 1,431,751 cost at total area x ($340 escalated to HVAC Distribution HVAC Equipment 1966 -5 2005 3,241 X $ 3,240,576 HVAC Controls 1966 -20 1990 610 X $ 609,557 Electrical Serv. /Gen. 1966 -2 2008 577 X $ 576,953 Electrical Distribution 1966 8 2018 $ 693,194 Electrical Lighting 1966 -1.0 2000 1,585 X $ 1,584,849 Special Electrical Equip and Fumishings 1996 -20 1990 696 X X $ 696,029 Replacement Value 0.583214661 Totals 16,535 1,545 - - - 8,263 $ 26,343,212 Six Year Total Attachment 4 Renewal and Replacement Schedule \STAFFIsmcdonald01$\My Documents \KHS Project\[1966 wing renewal replacement 0651. xisi1966 Renew Replace Schedu PM Standards BP Page 1 of 1 EAST REZANOF DRIVE VEGETATION LEGEND SHADE TREE CONIFER ORNAMENTAL TREE SHRUBS 0 LAWN G TREES KODIAK HIGH SCHOOL MASTER PLAN CONCEPT 1_STTE PLAN JUNE 2009 ,o0. DRAWING FILE: 0651 DRAWING NUMBER: C7 Jensen Yorba •SU L ARCHITECTURE INTERIOR DESIGN LANDSCAPE ARCHITECTURE =MN Acurrunthnom A COMPUTER TECH CULINARY ARTS oFurrinc UCH. BUSINESS EDUCATION MEM MALIN SERVICES L _ J HOME ECONOMICS L ;j urR FOOD EERvOcT 0EFEA.E COMPUTER MEM LEARNING CENTER MULTI MEDIA SC.. HEALTH RURAL SCHOOLS SCIENCE SPECIN EDUCATION CAMERAL ACADEMICS TEAPIER VISUAL ARTS == NOME SCMOOL MEM EEARFRNO CAFE - 'I CIRCULATOR KODIAK HIGH SCHOOL MASTER PLAN OVERALL FIRST FLOOR JUNE 2009 343E IS 32 DRAWING FILR. 0651 DRAWING NUMBER: 1 Jensen Mill A �ERIGR DkSIGN Yorba MMM IANDSCAPF ARCFREECIVRE Lott =n="4, SCIENCE OLASSADOM CLASSROOM SCIENCE ADONANICAL SCIENCE CLASSROOM CLASSROOM AUTO TECH WERE. EDUCATION CRIED TECH CULINARY IRIS = IDIAFTING ,E� EOOO.aVICE =.11 GENE., CPAPUTER EMI NOW ECG MOLT MEDIA NM= SCHOOL HEALTH 1 i i LEARNING CENTER SCIENCE SPECIAL EDUCATION GENERAL ACADEMICS M a VIELI. ARTS Min NOME SCROOL LEARNING CA. TO65T KODIAK HIGH SCHOOL MASTER PLAN CONCEPT 1_SECOND FLOOR JUNE 2009 DRAWING FILE: 0651 DRAWING NUMBER: C6 Jensen ■.. "RCrvrE INTERIOR DESIGN Yorba LANDSCAPE ARCHITECTURE Lott... r "'� Proposed Bonds Borough and School Projects Borough Projects issuance Costs Bond rate = Bond term = Annual cost School District Borough Total Costs School District Renewal and Replacement Projects $8,340,000 $3,360,000 $11,700,000 $300,000 $12,000,000 6.22% 20 years $1,050,020.22 Total Annual Expense $729,764.05 $320,256.17 $1,050,020.22 Less State @70% Reimbursement - $510,835 - $510,835 One Mill equals $1,000,000 Mill Rate Annual Borough Cost 69.5% 30.5% $218,929.22 $320,256.17 $539,185.38 0.54 Effective Reimbursement Rate 48.7% Fiscal Year 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Sum Principal 2,540,000 2,645,000 2,765,000 2,525,000 2,625,000 2,745,000 1,315,000 1,370,000 1,425,000 1,485,000 1,550,000 1,620,000 1,685,000 1,760,000 1,845,000 1,930,000 1,330,000 540,000 565,000 595,000 mary of Bonded Debt Interest 1,776,268 1,690,666 1,590,654 1,482,886 1,386,281 1,296,471 1,194, 031 1,153,081 1,114,311 1,066,099 1,025,169 972,949 916,086 861,337 801,943 733,630 664,930 624,460 623,000 624,750 Total 4,316,268 4,335,666 4,355,654 4,007,886 4,011,281 4,041,471 2,509,031 2,523,081 2,539,311 2,551,099 2,575,169 2,592,949 2,601,086 2,621,337 2,646,943 2,663,630 1,994,930 1,164,460 1,188, 000 1,219,750 Total Reimbursable (2,841,558) (2,853,236) (2,865,309) (2,620,373) (2,622,385) (2,640,693) (1,566,653) (1,575,260) (1,584,621) (1,592,081) (1,606, 353) (1,617,169) (1,622,053) (1,634,107) (1,649,648) (1,659,646) (1,196, 958) (698,676) (712,800) (731,850) Total 34,860,000 21,599,002 56,459,002 (35,891,428) 20,567,574 Net 2010 2011 2012 Payment Bond Issue Bond Issue Bond Issue 1,474,711 - 1,482,431 155,189 - - 1,490,345 155,189 87,998 1,387,514 155,189 87,998 129,075 1,388,896 155,189 87,998 129,075 1,400,778 155,189 87,998 129,075 942,378 155,189 87,998 129,075 947,821 155,189 87,998 129,075 954,690 155,189 87,998 129,075 959,018 155,189 87,998 129,075 968,816 155,189 87,998 129,075 975,780 155,189 87,998 129,075 979,033 155,189 87,998 129,075 987,230 155,189 87,998 129,075 997,294 155,189 87,998 129,075 1,003,984 155,189 87,998 129,075 797,972 155,189 87,998 129,075 465,784 155,189 87,998 129,075 475,200 155,189 87,998 129,075 487,900 155,189 87,998 129,075 2,948,590 1,583,955 2,194,277 2013 Bond Issue 107,438 107,438 107,438 107,438 107,438 107,438 107,438 107,438 107,438 107,438 107,438 107,438 107,438 107,438 107,438 107,438 Proposed Net Payments 1,474,711 1,637,620 1,733,531 1,759,775 1,868,595 1,880,477 1,422,077 1,427,521 1,434,389 1,438,717 1,448,516 1,455,479 1,458,732 1,466,929 1,476, 994 1,483,683 1,277,671 945,483 954,899 967,599 1,719,004 29,013,401 2,000,000 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 OW IP 111111 $ I I 1 II II II II 11 11 II 11 11 II 0 1 1 1 1 1 1 ■ ■ II II 11 11 ■ ■ ■ ■ II �' � � I" 1 1 rrrrrr; ■ IP 1 1 1 1 1 1 1 1 I 1 1 1 1 1 01111111111111111 II 1 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 • Current Debt Service • Proposed Debt Service Mills 1.47 1.64 1.73 1.76 1.87 1.88 1.42 1.43 1.43 1.44 1.45 1.46 1.46 1.47 1.48 1.48 1.28 0.95 0.95 0.97 KHS PROJECT POTENTIAL CONSTRUCTION SCHEDULE Phase 1A (2010 or 11) Design entire project. Build new boiler room. Phase 1B (2010 or 11 or 12) Renovate old pool for weight room, dance studio, storage Add second floor on old pool for aux gym Add locker room / entry off aux gym Renovate current weight room to A+ Repair Class /Lab Phase 1C (2010 or 11 or 12) Renovate existing gym Add running track Renovate existing wrestling room Renovate existing locker rooms Phase 2 (2011 or 12 or 13) Demo BD / Learning Center and rent Site Work in preps for new construction Construct new library/commons Construct new academic wings Renovate existing Voc Ed wing Renovate existing 1966 Academic wing Renovate existing Library/Commons /Foyer Renovate Balcony of 1972 annex for KIBSD Central Services Renovate Tech Services for KMS use FY2010 FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 KHS Project - Full Debt Service Repayment Calculations 2010 2011 2012 2013 2014 annual ($215,157.82) monthly ($17,929.82) 6.20% 240 $2,462,830.00 total boro debt $2,462,830.00 $17,257,091.19 $4,072,930.99 $4,517,749.73 $284,906 Microsoft Excel Mortgage Formula = PMT(rate % /12,Nper,pv) Rate is the interest rate for the loan. (Provided by KIB's Finance Director) Nper is the total number of payments for the loan. (based on 20 year Debt Service) Pv is the present value, or the total amount that a series of future payments is worth now; also known as the principal. monthly payment $17,929.82 $125,634.54 $29,651.63 $32,889.98 $2,074.17 annual payment $215,157.82 $1,507,614.47 $355,819.51 $394,679.77 $24,890.01 FY2010 FY2011 FY2012 FY2013 FY2014 0% escallation 0% escallation 2% escallation 2% escallation 3% escallation Phase 1A (2010 or 11) Design entire project. Build new boiler room. Phase 1C(2010 or l or 12) Renovate existing gym Add running track Renovate existing wrestling room Renovate existing locker rooms Phase 2 (2011 or 12 or 13) Demo BD / Learning Center and rent Site Work in preps for new construction Construct new library/commons Construct new academic wings Renovate existing Voc Ed wing Phase 38 (2013 or 14 or 15) Renovate existing 1966 Academic wing (?Q3,4 6) Phase Subtotal = Phase 1B (2010 or 11 or 12) Renovate old pool for weight room, dance studio, storage Add second floor on old pool for aux gym Add locker room / entry off aux gym Renovate current weight room to A+ Repair Class /Lab Phase Subtotal = Phase Subtotal = Phase Subtotal = Phase 3A (2012 or 13 or 14) Phase Subtotal = Phase 3C (2013 or 14 or 15) Renovate existing Library/Commons /Foyer Phase Subtotal = Renovate Balcony of 1972 annex for KIBSD Central Services Phase Subtotal = Renovate Tech Services for KM5 use Element 2009 cost $5,600,000 $1,676,100 $7,276,100 $1,764,900 $2,400,264 $377,400 $693,750 $5,236,314 $502,775 $2,802,750 $11,836,774 $23,504,472 $38,646,770 $7,520,250 $8,880,000 $8,880,000 $5,594,400 $5,594,400 $777,000 $777,000 $109,224 Total Costs = $79,830,040 Expected Reimbursement Rate 65% $1,960,000 70% $502,830 $2,462,830 70% 60% 60% 70% 70% 60% 60% 60% $529,470 $960,106 $150,960 $208,125 $882,450 70% $264,735 $1,924,740 70% $577,422 $207,792 70% $62,338 $2,775,000 70% $832,500 70% 70% Cost to KIB $150,832 $1,121,100 $4,734,709 $9,401,789 $15,408,431 $2,256,075 Phase Subtotal = $7,520,250 $2,256,075 70% $2,664,000 70% $1,678,320 $1,678,320 70% $233,100 $233,100 $32,767 Phase Subtotal = $109,224 $32,767 Cost to KIB = $28,321,178 Annual Cost to be bonded = $2,462,830 , $1,848,661 $15,408.431 �r $1,771,734 $2,301,197 $2,771,626 $1,746,124 $249,793 $35,114 FY2010 FY2011 FY2012 FY2013 $2,462,830 $17,257,091 $4,072,931 $4,517,750 FY2014 $284,906 TOTAL TO BE BONDED OVER TIME = $28,595,508 2010 2011 2012 2013 2014 Proposed Fiscal KHS KHS KHS KHS KHS Total KHS Year Bond Issue Bond Issue Bond Issue Bond Issue Bond Issue Bond 2009 - - - - - - 2010 215,158 - - - - 215,158 2011 215,158 1,507,614 - - - 1,722,772 2012 215,158 1,507,614 355,820 - - 2,078,592 2013 215,158 1,507,614 355,820 394,680 - 2,473,272 2014 215,158 1,507,614 355,820 394,680 24,890 2,498,162 2015 215,158 1,507,614 355,820 394,680 24,890 2,498,162 2016 215,158 1,507,614 355,820 394,680 24,890 2,498,162 2017 215,158 1,507,614 355,820 394,680 24,890 2,498,162 2018 215,158 1,507,614 355,820 394,680 24,890 2,498,162 2019 215,158 1,507,614 355,820 394,680 24,890 2,498,162 2020 215,158 1,507,614 355,820 394,680 24,890 2,498,162 2021 215,158 1,507,614 355,820 394,680 24,890 2,498,162 2022 215,158 1,507,614 355,820 394,680 24,890 2,498,162 2023 215,158 1,507,614 355,820 394,680 24,890 2,498,162 2024 215,158 1,507,614 355,820 394,680 24,890 2,498,162 2025 215,158 1,507,614 355,820 394,680 24,890 2,498,162 2026 215,158 1,507,614 355,820 394,680 24,890 2,498,162 2027 215,158 1,507,614 355,820 394,680 24,890 2,498,162 2028 215,158 1,507,614 355,820 394,680 24,890 2,498,162 2029 215,158 1,507,614 355,820 394,680 24,890 2,498,162 2030 1,507,614 355,820 394,680 24,890 2,283,004 2031 355,820 394,680 24,890 775,389 2032 394,680 24,890 419,570 2033 24,890 24,890 2034 2035 Total 4,303,156 30,152,289 7,116,390 7,893,595 497,800 49,963,232 4 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 KHS Project - if resulted in Debt Service Bond - 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 • Proposed Total KHS Bond 4 12.000.000 u000poo woos= ,030 8,C00 7,030002 6,000.000 5.000.000 4.000.000 3.000.000 2.000.000 1.000,000 There are other sources of funding available to the Borough beyond taxation through a Mill Rate. - ulIlIlIlIl 11111111 Borough Fund 10.5 Mill Rate with Existing Debt Service and proposed KHS Bond � - i i u 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 •CurreptDobt kniU • Proposed Tow PPS Bond • 0.1.,,,. of Borough Mill 0.t. F undIng I 0 12.000000 11.000.000 There are other sources of funding available to the Borough beyond taxation through a Mill Rate. — - — - - 19.000,000 7•,00.„ 0 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Borough Fund 10.5 MNI Rate with Existing Debt Service, ; • • - • Renewal and Re • lacement B • . ond and . • • , • KHS Bond ■ II ■ ■ ■ 5,003,000 4.003.030 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ i ■ ■ ■ 3000000 2000000 1,001,000 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 2009 2010 2011 2012 2013 2014 2015 2016 2017 701E 2019 2020 1001 7022 2023 2024 2025 2026 2027 2128 2029 2030 201 2012 2033 2004 2035 •C.n••3.at5•NS •nga.e TaMaa•a11•a •aaaadTaalMB. • WUallvmp.1Wlawang I 0 Nova Javier From: Sue Jeffrey [sue.jeffrey @assembly.kodiakak.us] Sent: Friday, June 19, 2009 10:05 AM To: Nova Javier Subject: RE: LLP Recency Letter Attachments: CommerceSecty -4 Itr.doc Hi Nova, Attached is the LLP Recency draft letter to the Secretary of Commerce for the Assembly's consideration. Please call my home number, 486 -4712, if you have any questions. Hope you have a good weekend. sue From: Nova Javier [mailto:njavier @kodiakak.us] Sent: Wednesday, June 17, 2009 9:52 AM To: Sue Jeffrey; Pat Branson Cc: Marylynn McFarland; Bud Cassidy; Rick Gifford Subject: LLP Recency Letter Hi Sue and Pat, Please send me a draft copy when it's ready so I can distribute it to the rest of the Assembly and the public. Thank you, Nova Nova M. Javier, MMC Borough Clerk PUBLIC RECORDS LAW DISCLOSURE: This e -mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. 1 June 16, 2009 Honorable Gary Locke, U.S. Secretary of Commerce Washington, D.C. Re: Gulf of Alaska Fixed Gear LLP Recency Dear Mr. Secretary, We write you today to ask you to seek answers on our behalf, Mr. Secretary, by requiring that a thorough socio- economic analysis of the North Pacific Fishery Management Council's Gulf of Alaska Limited License Permit (LLP) Fixed Gear Recency action be conducted to analyze its effects on Kodiak as a whole. In doing so, we will be assured that the Department of Commerce has done its best to ensure Kodiak remains vibrant, healthy, and prosperous. Kodiak is a major economic hub in the North Pacific. It consistently ranks among the top three fishing ports in the U.S. and is homeport to the largest and most diversified fishing fleet in the nation. Commercial fishing is the backbone of our economy and the Gulf of Alaska cod fishery is an essential piece of our robust fisheries. The cod fishery, therefore, is vital to the economy of Kodiak and our coastal neighbors. The LLP proposal as written by the North Pacific Fishery Management Council further consolidates the limited entry cod fishery in the Gulf of Alaska. This gives us pause. As policymakers of the Kodiak Island Borough, we guard the wellbeing of our community by trying to anticipate change and by protecting Kodiak from policies that will weaken our economy. Thus we ask the question today: What changes would the LLP proposal likely bring to the Kodiak community as a whole? The North Pacific Fishery Management Council does not adequately address this matter. Therefore, we ask you, Mr. Secretary, to assist us in seeking answers to this vital question. We respectfully request that you do all you can to see that a socio- economic analysis be conducted on the Gulf of Alaska LLP Cod Endorsement proposal as it affects Kodiak. Thank you for your consideration. Sincerely, Kodiak Island Borough Mayor Kodiak Island Borough Assembly Nova Javier From: Jeff Stephan [jstephan @ptialaska.net] Sent: Friday, June 19, 2009 11:27 AM To: Nova Javier Cc: Rick Gifford Subject: Proposed KIB Letter To US Secretary of Commerce; 062509 Work Session Agenda, GOA p. cod Fixed Gear Endorsements Attachments: KIBWorkSession062509AgendaGOAPCodRecencyEndorsementUFMA061909 .pdf Hi Nova, Attached please find a letter to KIB Mayor Jerome Selby addressing the ongoing consideration of a proposal for the Kodiak Island Borough government to send a letter to the U.S. Secretary of Commerce (Secretary) on the recent April 2004 action by the North Pacific Fishery Management Council (Council) to recommend the implementation of Recency Endorsements in the Gulf of Alaska (GOA) fixed gear p. cod fisheries. As you will see from our attached letter to Mayor Selby (< KIBWorkSession062509AgendaGOAPCodRecencyEndorsementUFMA061909 .pdf>), we request that the proposed draft letter to the Secretary, anticipated to include recent revisions that are offered by Assembly members Pat Branson and Sue Jeffrey, be officially scheduled on the agenda for the June 25 Work Session as an item of official Assembly consideration and public comment. I would be grateful if you were to please consider our letter and associated request at your meeting with Mayor Selby on Monday, June 22, during which meeting you intend to consider and determine the items that will be listed, and the manner in which such items will be considered, on the June 25 Work Session agenda. I would be grateful if you were also to please distribute this letter to the Mayor and KIB Assembly members as part the June 25 Work Session informational packet. Thank you. I can be reached on my cell phone 907 - 350 -2088. Best Regards, Jeff Jeffrey R. Stephan United Fishermen's Marketing Association, Inc. PO Box 2917 Kodiak, AK 99615 tel: 907 - 486 -3453; 907 - 486 -4568 fax: 907 - 486 -8362 email: 1stephan(aptialaska.net June 19, 2009 United Fishermen's Marketing Association, Inc. P.O. Box 1035 Kodiak, Alaska 99615 Telephone 486 -3453 Fax: 907 -486 -8362 Jerome Selby, Mayor Kodiak Island Borough Assembly Members Kodiak Island Borough Re: June 25 MB Assembly Work Session Agenda; "Gulf of Alaska LLP Cod Endorsement Recency - Letter to Secretary of Commerce" Dear Mayor Selby, As you know, the Kodiak Island Borough Assembly scheduled consideration of "Gulf of Alaska LLP Cod Endorsement Recency - Letter to Secretary of Commerce" on the agenda of your June 11, 2009, KIB Assembly Work Session. While I was unable to attend the subject June 11 Work Session, I understand that the KIB Assembly requested Assembly members Pat Branson and Sue Jeffrey to revise the draft letter, and to provide such revised letter for further Assembly review, but not necessarily agenda consideration, or public comment, during the KIB Assembly June 25 Work Session. We request that the revised draft letter to the U.S. Secretary of Commerce (Secretary) be officially scheduled on the agenda for the June 25 Work Session as an item of official Assembly consideration and public comment. Notwithstanding claims to the contrary, the previous drafts of the subject letter of which we are aware that have previously been submitted for Assembly consideration (i.e., at the May 14 and June 11 Assembly Work Sessions) have indicated a clear bias against the recent April, 2009, action by the North Pacific Fishery Management Council (Council) on the issue of Gulf of Alaska (GOA) Pacific Cod Fixed Gear Recency Endorsements (Recency Endorsements). At the very least, past drafts of the proposed letter have the direct effect of requesting the Secretary to delay implementation of the Council action on Recency Endorsements in the GOA p. cod fixed gear fishery. Any delay in the implementation of this needed action will cause economic harm to the economic health of the Kodiak fishing community, to opportunities for new entrants in this fishery and to general employment and business activity in Kodiak. Given comments and questions that were reported in the Kodiak Daily Mirror and on KMXT to have been made by some Assembly members with respect to the subject proposed letter to the Secretary, it appears that at least several Assembly members are not aware of, and have not read and studied, the analysis and review of the economic and social impacts and issues that were contained in the NEPA- required and other documentation that formed the basis of the subject Council action on the Recency Endorsement issue. The extensive analysis, narrative, review, tables, charts and graphs, and public comment, that have been developed over the past several years clearly point to the fact that the action is generally, on balance, not only responsible, but also in 1 support of and provide benefits to the economic health of the Kodiak fishing community, opportunities for new entrants in this fishery and general employment and business activity in Kodiak. If there are relevant and specific elements of the analysis, narrative, review, tables, charts and graphs that are perceived by the Assembly to be of a nature and magnitude that would have material impact to the subject Council decision, or that are otherwise inadequately analyzed or addressed, then we suggest that the Assembly should be specific about the perceived issues, point out whatever inadequacies the Assembly may judge to exist in the documentation upon which the Council relied, and clearly identify the specific issues, and the parameters of such issues, for further study and analysis. Otherwise, a general request for further analysis, and for an unnecessary and costly delay in the implementation of the subject Council action, will not be in the best interest of, and, in fact, will be contrary to, the economic health of the Kodiak fishing community, opportunities for new entrants in this fishery and general employment and business activity in Kodiak. Further, the revised letter from the Kodiak Island Borough government, albeit presumably now less direct than the prior drafts of such letter, will be interpreted to imply an objection to the subject Council action. We do not support action by the Assembly to insert the Kodiak Island Borough government in this issue. Especially at this juncture, at the level of decision making that is proposed by the Assembly, and with what appears to be the level of awareness and understanding of the detail, rationale and underlying analysis which the Assembly appears to hold with respect to the subject Council action. We request the Assembly to officially schedule and publicly review and discuss the revisions to the proposed draft letter that are anticipated to be contributed by Assembly members Branson and Jeffrey during the June 25 MB Assembly Work Session, and to also provide an opportunity for public comment on such revised letter. We further request that the Assembly re judge whether it is prudent and reasonable for the Kodiak Island Borough government to become involved in the GOA Recency Endorsement issue. Moreover, because of the general magnitude and impact of the proposed draft letter that is anticipated for Assembly review and possible concurrence, we believe that the placement of the proposed draft letter on agenda of the June 25 Work Session, and the provision of an opportunity for public comment on such letter at such Work Session, provide the public with the rightful opportunity to observe and listen to Assembly discussion and consideration with respect to the wisdom, necessity and rationale that the Assembly will invoke with respect to forcing the involvement of the Kodiak Island Borough government in this complex issue. Thank you for your consideration of our request and comment. Best Regards, Jeff Stephan Copy: Rick Gifford, Manager, Kodiak Island Borough Nova Javier, Clerk, Kodiak Island Borough 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2010 -02 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: N. Javier, Borough Clerk N. Javier, Borough Clerk N. Javier, Borough Clerk 07/02/2009 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.40 RECORDS MANAGEMENT, CHAPTER 2.50 BOROUGH CLERK, SECTION 2.50.020 DUTIES, AND CHAPTER 2.55 ENGINEERING AND FACILITIES DEPARTMENT, SECTION 2.55.010 ENGINEERING AND FACILITIES DEPARTMENT DIRECTOR WHEREAS, the existing Records Management code was put in place in 1975 with very minor changes in 1979 and 1998; and WHEREAS, the staff determined the need to bring the Records Management code into compliance with recent and existing laws and regulations; and WHEREAS, the old KIBC 2.25.200 is being repealed in its entirety and a new Chapter 2.40 is being established. The new chapter includes policies that reflect industry best practices; and WHEREAS, staff research and proposal considered Alaska Statutes, codes from other municipalities, and consultation with Borough staff; and WHEREAS, this ordinance was also reviewed by the Borough Attorney for compliance. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances; Section 2: The Kodiak Island Borough Code of Ordinances Title 2, Chapter 2.25 is hereby repealed and Chapter 2.40 is hereby enacted as follows: Title 2 ADMINISTRATION AND PERSONNEL Chapters: 2.05 Bonding of Officers and Employees 2.10 Appointment of Officers, Commissions, and Committees 2.15 Personnel 2.20 Borough Mayor 2.25 Borough Assembly 2.30 Rules of the Assembly 2.35 Conflict of Interest 2.40 Repealed Records Management 2.45 Borough Manager 2.50 Borough Clerk 2.55 Engineering and Facilities Department 2.60 Resource Management Officer Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 1 of 12 55 2.65 Borough Attorney 56 2.70 Finance Department 57 2.75 Assessing Department 58 2.80 Community Development Department 59 2.85 Management Information Systems Department 60 2.90 Building Official 61 2.95 Fire Department 62 2.100 Boards, Committees, and Commissions 63 2.105 Planning and Zoning Commission 64 2.110 Emergency Services 65 2.115 Kodiak Economic Development Commission 66 2.120 Parks and Recreation Committee 67 2.125 Architectural /Engineering Review Board 68 2.130 Airport Advisory Committee 69 2.135 Arts Council Advisory Committee 70 2.140 Kodiak Area Transit System Advisory Committee 71 2.145 Solid Waste Advisory Board 72 73 Chapter 2.25 74 BOROUGH ASSEMBLY 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 Sections: 2.25.005 2.25.010 2.25.020 2.25.030 2.25.050 2.25.060 2.25.070 2.25.150 2.25.160 2.25.170 2.25.180 2.25.190 Legislative powers. Composition. Term. Assembly oath of office. Deputy presiding officer. Declaring and filling vacancies. Absences. Ordinance — Form. Ordinance — Adoption. Resolution — Form. Resolution — Adoption. Journal of proceedings. 2. Destroyed; Kodiak Island Borough, Alaska Repealed. amended as necessary by resolution. The schedule shall list, with sufficient detail for records in the regular course of public business and disposal of original records when Ordinance No. FY2010 -02 Page 2 of 12 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 microfilmed or optical disc imaged. The clerk, or dosignoo, shall dicposo of the records to bo doctroyod by cromation or othor moans dotorminod to bo appropriato by tho clerk. Upon • and a record of the disposal itself. Tho clerk shall transmit copies of thc list and rocord of of tho borough which havo boon found not to bo of historical intorost nor to havo a legal or C. Microfilming or Optical Disc Imaging. The assembly in thc resolution as to tho rocord e. concerned, either as a debtor or creditor, shall not be doctroyod until tho claim, demand, or . .: • e •_ . . words "rocord" or "rocordc" include any paper, eee excopt documents or publichod matorial kopt only for convenience or refcrenco. [Ord. 98 02 § 'l, 1998; Ord. 79 11 0, 1979; Ord. 75 2 0 §1, 1975. Formerly §2.16.200]. 143 Chapter 2.40 144 RECORDS MANAGEMENT 145 146 Sections: 147 2.40.010 Open records. 148 2.40.020 Access and inspection of records. 149 2.40.030 Request for records - response by the borough. 150 2.40.040 Charges and fees for records. 151 2.40.050 Certified copies of records. 152 2.40.060 Compilation or creation of records. 153 2.40.070 Personal and proprietary records available for public disclosure. 154 2.40.080 Notice regarding personal information. 155 2.40.090 Information accuracy and completeness. 156 2.40.100 Exemptions for particular records. 157 2.40.110 Denial or request, appeal. 158 2.40.120 Records management program creation and administration. 159 2.40.130 Ownership of records. 160 2.40.140 Records management roles and responsibilities. 161 2.40.150 Noncurrent records not to be maintained in office files. 162 2.40.160 Disposal of records. Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 3 of 12 163 2.40.170 Micrographic program established. 164 2.40.180 Micrographic standards. 165 2.40.190 Alteration and replacement of public records. 166 2.40.200 Audit. 167 2.40.210 Definitions. 168 169 2.40.010 Open records. 170 Unless specifically provided otherwise, the public records of the borough are open to 171 inspection by the public under reasonable rules during regular office hours. The clerk or 172 employees having custody of public records shall give on request, upon payment of the fee, a 173 copy of the public record. The fee will be based on the fee schedule adopted by resolution of the 174 assembly. 175 176 2.40.020 Access and inspection of records. 177 Public records that are immediately available may be inspected at the borough office where 178 the records are kept during the regular office hours. All borough employees shall, consistent with 179 the orderly conduct of borough business, make a good faith and diligent effort to respond to 180 requests for inspection or copies of records made pursuant to the KIB Code. 181 182 2.40.030 Request for records - response by the borough. 183 A. For records that are not immediately available in the borough offices, a requester shall 184 submit a written request to inspect or obtain a copy of a borough record through the clerk's 185 office. The request shall be accompanied by the applicable fee. The clerk's office coordinates 186 with the borough department who is the custodian of the borough record. 187 B. A borough department that receives a request to inspect or provide a copy of a borough 188 record shall respond as follows: If the borough record is subject to inspection under this chapter 189 and is readily available, the borough department shall permit the requester to inspect the 190 borough record, and provide the requester with a copy of the borough record, at the time the 191 request is made. 192 1. If the requested borough record is subject to inspection under this chapter but either 193 the borough record is not immediately available, or staff resources of the borough department 194 are not sufficient to respond to the request when it is made, the borough clerk shall provide the 195 borough record for inspection or provide a copy of the record as requested within ten business 196 days after receiving the request. 197 2. If the borough clerk must determine whether the borough record is subject to 198 inspection under this chapter, within ten business days after receiving the request, the borough 199 clerk shall make that determination, and at that time either: 200 a. Provide the borough record for inspection or provide a copy of the record as 201 requested; or 202 b. State in writing that the borough record is not subject to inspection, including a 203 citation to the provision of borough, state, or federal law that authorizes or requires the 204 withholding of the borough record from inspection. 205 C. The borough clerk may extend the initial ten business -day period established under 206 subsection B of this section for a period not to exceed ten additional business days by providing 207 notice to the requester within the initial ten business -day period. The notice must state the 208 reason for the extension and the date by which the borough department expects to be able to 209 furnish the requested record or to issue a determination that the record is not subject to 210 disclosure. 211 212 2.40.040 Charges and fees for records. 213 A. Except as otherwise provided in this section, the fee for copying public records may not 214 exceed the standard unit cost of duplication established by the borough and per the fee 215 schedule. The resolution may also contain a separate fee for providing electronically - generated Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 4 of 12 216 public records, to be based on recovery of the actual incremental costs of providing the 217 electronic record. 218 B. If the production of records for one requester or the agent of a requester in a calendar 219 month exceeds five person hours, the borough shall require the requester to pay the personnel 220 costs required during the month to complete the search and copying tasks. The personnel costs 221 may not exceed the actual salary and benefit costs for the personnel time required to perform the 222 search and copying tasks. The requester shall pay the fee before the records are disclosed, and 223 the borough may require a deposit in advance of the search. 224 C. Any fee may be reduced or waived by the clerk if it is determined that the reduction or 225 waiver is in the public interest. Fee reductions and waivers shall be uniformly applied among 226 persons who are similarly situated. The borough shall waive a fee of five dollars or less. 227 228 2.40.050 Certified copies of records. 229 The clerk shall give, on request and payment of costs, a certified copy of any public record 230 required to be disclosed under the Kodiak Island Borough Code. A fee may be charged for 231 certified copies set in accordance with the currently approved Kodiak Island Borough fee 232 schedule. 233 234 2.40.060 Compilation or creation of records. 235 Kodiak Island Borough Code shall not require the borough to create records, compile, 236 summarize, outline or in any other way create information from existing public records. In those 237 instances where the borough employee who is the custodian of the record determines that the 238 borough has the requisite resources to compile or create records to comply with a request for 239 information, the borough may charge the requester with the costs of such compilation or 240 summary, which costs shall be set in accordance with the currently approved fee schedule 241 resolution. 242 243 2.40.070 Personal and proprietary records available for public disclosure. 244 A. If the borough employee who is custodian of a record that is subject to public disclosure 245 considers all or a portion of the information requested to be of a sensitive personal or proprietary 246 nature, the employee may attempt to notify the person who is the subject of the record or person 247 who may be concerned with its pending release. Failure to notify shall not be grounds for action 248 against the borough or its employees. 249 B. If an objection to release the record is filed, the borough shall delay the release of the 250 record for at least five working days in order to provide time for the objecting party to seek 251 appropriate restrictions or release of any portions of the record. 252 253 2.40.080 Notice regarding personal information 254 A. When a department of the borough requests personal information that may be included in 255 a public record directly from the person who is the subject of the information, that department 256 shall give the person a written notice at the time of the request that states: 257 1. The name and address of the department; 258 2. The citation of the statute, regulation, or code section that authorizes the department 259 to request the information; 260 3. A statement indicating whether the person is required to supply the information; 261 4. The consequences to the person, if any, of not providing all or part of the requested 262 information; 263 5. A statement of the department's anticipated uses of the information, including the 264 department's internal uses of the information and disclosure of the information to other 265 departments; 266 6. The fact that the information may be subject to inspection and copying under this 267 chapter; and 268 7. A statement summarizing how a person may challenge under KIBC 2.40.090 the 269 accuracy or completeness of personal information maintained by the department. Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 5 of 12 270 B. A department may provide the written notice required under (A) of this section by 271 1. Placing the notice on the form used to request the information from the person; 272 2. Giving the person the notice on a separate sheet that accompanies the form used to 273 request the information from the person; 274 3. Giving the person a statement in a pamphlet, booklet, manual, or other printed matter 275 at the time the information on the person is requested; or 276 4 Prominently posting a sign containing the notice in a prominent location so that the 277 sign can be easily observed and read by the person at the time the information is requested. 278 C. This section does not apply to a request for information on a person if: 279 1. The request is made by a peace officer; in this paragraph, "peace officer" has the 280 meaning given in AS 01.10.060; 281 2. The person is the department's employee; 282 3. The information is related to litigation; or 283 4. The information is being collected by a public agency when investigating a possible 284 violation of law. 285 286 2.40.090 Information accuracy and completeness. 287 A. A person who is the subject of personal information that is maintained by a department 288 and subject to public disclosure under this chapter may challenge the accuracy or completeness 289 of the personal information. 290 B. To challenge the accuracy or completeness of personal information under (A) of this 291 section, the person must file with the department a written request that the personal information 292 be changed. The request must provide: 293 1. A description of the challenged personal information; 294 2. The changes necessary to make the personal information accurate or complete; and 295 3. The person's name and the address where the department may contact the person. 296 C. Within 30 days after receiving a written request made under (B) of this section, the 297 department may request verification of the disputed personal information from the person who 298 made the request. 299 D. Within 30 days after receiving the written request under (B) of this section or the 300 verification under (C) of this section, the department shall review the request and 301 1. Change the personal information according to the request and notify the person in 302 writing of the change; or 303 2. Deny the request and notify the person in writing of the reasons for the decision and 304 the name, title, and business address of the person who denied the request. 305 E. If a request is denied under (D) of this section, the person may provide to the department 306 a concise written statement that states the person's reasons for disagreeing with the decision. 307 The department shall maintain in its records the request made under (B) of this section and the 308 statement provided by the person under this subsection. On all of the department's records that 309 contain the disputed information, the department shall clearly note which portions of the records 310 are disputed. If the record is in electronic form, the department may note the dispute in one field 311 of the electronic form and maintain the other information about the dispute in paper form. 312 F. This section does not apply to criminal intelligence or criminal investigative records, 313 criminal justice information under AS 12.62, borough personnel or retirement system records, or 314 records of applicants for employment with the borough. 315 316 2.40.100 Exemptions for particular records. 317 A. This chapter shall not be construed to require disclosure of: 318 1. Communication between the borough and the attorney's office which are subject to 319 the attorney /client privilege; 320 2. Borough personnel records, including employment applications and examination and 321 other assessment materials; 322 3. The following information is available for public inspection, subject to reasonable 323 regulations on the time and manner of inspection: Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 6 of 12 324 a. The names and position titles of all borough employees; 325 b. The position held by a borough employee; 326 c. Prior positions held by a borough employee; 327 d. Whether a borough employee is in a collective bargaining unit; 328 e. The dates of appointment and separation of a borough employee; and 329 f. The compensation authorized for a borough employee. 330 4. A borough employee has the right to examine the employee's own personnel files and 331 may authorize others to examine those files. 332 5. Appraisals prepared by the borough assessor used in property negotiations during 333 such negotiations; 334 6. Proprietary software programs; 335 7. Records required to be kept confidential by a federal law or regulation or by state law 336 or by borough law; and 337 8. Records which are pre - decisional and deliberative under Alaska law. 338 339 2.40.110 Denial of request, appeal. 340 A. If the borough employee who is the custodian of a record considers the information 341 requested to be confidential pursuant to applicable federal, state, or borough law, within ten 342 working days of receiving the request shall prepare and provide the requester a written 343 statement setting forth the following information: 344 1. Date; 345 2. Item of information requested; 346 3. The specific provision of applicable state, federal, or borough law exempting the 347 requested information from disclosure; 348 4. The title and signature of the employee withholding the information; and 349 5. The right of the requester to appeal the decision pursuant to subsection B below. 350 B. In the event a party is denied access to requested information under the provisions of 351 subsection A of this section, the person may submit a written appeal to the borough manager. 352 Within ten working days of receiving the appeal, the borough manager shall issue a written 353 response to the requester, either granting or denying the appeal and notifying the requester of 354 the right to appeal the decision to the borough assembly which shall be the final and binding 355 authority. 356 357 2.40.120 Records management program creation and administration. 358 The clerk shall establish and maintain a borough records management program, adopted by 359 resolution, which shall include the retention schedule and procedure for inventory, storage, and 360 destruction of records. 361 A. The program objectives shall be to: 362 1. Provide coordination between departments on all phases of the records management 363 program; and 364 2. Facilitate exchange of ideas on all aspects of records management among 365 departments to permit savings through more uniform and efficient paperwork techniques. 366 367 2.40.130 Ownership of records. 368 A. All borough records are property of the borough. Unless otherwise permitted or required 369 by law, no person may: 370 1. Deface, alter, or destroy a borough record; 371 2. Remove a borough record from the borough's possession; 372 3. Disclose confidential information of a borough record; or 373 4. Except for a borough official or employee in the course of performing official duties, 374 inspect or copy confidential information in a borough record. 375 B. In addition to any other penalty provided by law, violation of subsection A of this section 376 by a borough employee may be cause for disciplinary action. Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 7 of 12 377 C. No borough official or employee has, by virtue of the official or employee's position, any 378 personal or property right to such records even though the official or employee develop or 379 compile them. 380 D. All borough records shall be and remain the properties of the borough and may not be 381 removed, destroyed, or disposed of, except as provided in this chapter. They shall be delivered 382 by outgoing officials and employees to their successors and shall be preserved, stored, 383 transferred, and otherwise managed, only in accordance with the provisions of this chapter or as 384 otherwise provided for by law. 385 E. The borough may initiate a civil action to recover records unlawfully removed from 386 borough possession. 387 388 2.411140 Records management roles and responsibilities: 389 A. Accountability. The overall accountability for the borough records management program 390 lies with the clerk. 391 B. Responsibilities. 392 1. Borough assembly: 393 a. Executive body that endorses the principles of efficient records management for 394 borough public records kept in accordance with state law. The records management program 395 includes the systematic control of records from their creation or receipt, through their processing, 396 distribution, organization, storage, and retrieval to their ultimate disposition for the purpose of 397 reducing the costs and improving the efficiency of record keeping. The term includes the 398 development of records retention schedules, a uniformed record plan, the management of filing 399 and information retrieval systems, the protection of essential and permanent records, the 400 economical and space- effective storage of inactive records, the management of micrographics 401 and electronic and other records storage systems, and the development of policies and 402 procedures to implement the program; 403 b. Approve borough records retention schedules and any amendments; and 404 c. Authorize, by resolution, the periodic disposal of the records to be destroyed. 405 2. Borough manager: 406 a. Ensure that all departments comply with the records management program; and 407 b. Approve the records management policies and procedures as prepared by the 408 clerk. 409 3. Borough clerk: 410 a. Assigned by the assembly to provide central leadership and oversight of the 411 records management program per AS 29.20.380 and KIBC 2.50.020; and 412 b. Prepare and approve the records management policies and procedures. 413 4. Department heads: The head of each borough department is responsible for: 414 a. Designating a departmental records management coordinator who shall represent 415 the department on the borough records management team; 416 b. Implementing and ensuring compliance with the records management program 417 within the department according to the borough standards, policies, and best practices; 418 c. Establishing and maintaining file systems in compliance with prescribed standards 419 and procedures; 420 d. The preparation and periodic revision of a departmental records retention schedule 421 which shall be submitted to the records management team; 422 e. The physical inventory of all records created and maintained in their own 423 department; and 424 f. The preparation of inactive records for micrographic conversion and /or for 425 relocation to the records storage area. 426 5. Borough Attorney: 427 a. Review retention schedules for legal compliance and sign off destruction of 428 borough records; and Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 8 of 12 429 b. Responsible for notifying borough manager and clerk's office of litigation holds and 430 releases for borough records upon potential suspicion of litigation, or subpoena of 431 borough records. 432 6. Deputy clerk as records management team leader: 433 a. Prepares and administers the records management policies and procedures 434 according to the deputy clerk's job description; and 435 b. Works with the records management team to fulfill its roles and responsibilities. 436 7. Records management team members: 437 a. Assess and evaluate the borough records management program and systems in 438 place. Identify the records management needs, prioritize those needs, and provide 439 support for the total records management program; 440 b. Review recommended retention schedules submitted by borough departments 441 and forward recommended retention to the assembly for adoption; 442 c. Responsible for providing coordination between the records management team 443 and personnel in their department to ensure compliance with the provisions of the records 444 management program. They are also responsible for maintaining their department 445 records, both active and inactive for the life cycle of the record; and 446 d. Serve as the spokesperson for the records program for their department and shall 447 inform their department of any changes in policies and procedures. 448 8. Borough employees and contracted agents: 449 a. Create, capture, and organize records of transactions undertaken in business 450 processes according to the borough's policies, procedures, and this chapter. 451 452 2.40.150 Noncurrent records not to be maintained in office files. 453 Records no longer required in the conduct of current business by any office of the borough 454 shall be promptly transferred to the records center at the time such action is designated on an 455 approved records retention schedule. Such records shall not be maintained in current office files 456 or equipment. 457 458 2.40.160 Disposal of records. 459 A. Any records to be destroyed shall be reviewed and approved by the department head 460 and clerk, and signed off by the attorney. 461 B. The assembly, by resolution, shall authorize the disposal of the records to be destroyed. 462 C. The resolution authorizing the disposal of records shall provide for the destruction of 463 records of the borough which have been found not to be of historical interest nor to have a legal 464 or administrative value; permanent but non - historical and have been microfilmed; or not of a 465 historical, legal, or administrative value. Records may also be disposed of by returning them to 466 the original owner. 467 D. The clerk shall dispose of the records to be destroyed in a manner determined to be 468 appropriate. 469 E. Upon disposal, the clerk shall file in the clerk's office, a descriptive list of the records 470 disposed of and microfilmed. 471 472 2.40.170 Micrographic program established. 473 The assembly, in the resolution as to the record retention schedule, may authorize the 474 substitution of microfilmed copies or optical disc imaged copies for any original records, including 475 records to be periodically disposed of, and the disposal of these original records once 476 microfilmed. Records pertaining to any claim and demand by the borough or against it, or any 477 account in which the borough is concerned, either as a debtor or creditor, shall not be destroyed 478 until the claim, demand, or account has been settled and adjusted. A reproduction, print, or 479 enlargement from an authorized microfilm copy of an original record shall be considered as an 480 original record for all purposes, including the introduction in evidence in any court or other legal 481 or administrative proceedings. When microfilmed, the original records may be destroyed or 482 otherwise. A centralized micrographic program may be designed and implemented by the clerk Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 9 of 12 483 to serve all borough offices and departments. No office or department shall operate a separate 484 micrographic program, and no borough funds may be expended to film, or to contract with a 485 service company to film, any borough records, except through the clerk's office. 486 487 2.40.180 Micrographic standards. 488 Microfilm used for archival or security purposes must meet or exceed the technical standards 489 for quality, density, resolution, and definition of the American National Standards Institute (ANSI) 490 as required by law. The master negatives of such film shall not be used for making use copies 491 and shall be stored off -site. Microfilm records must be indexed. The clerk shall periodically 492 check and certify that a microform record is a true and accurate duplication of the original record. 493 494 2.40.190 Alteration and replacement of public records. 495 A. An original public record that is worn or damaged may be replaced by a reproduction that 496 produces a clear, accurate, and long -term copy or reproduction of the original record. 497 Certification by the clerk that the replacement is a correct copy of the original shall appear at the 498 end of the reproduction. When original public records are photographed or otherwise 499 mechanically reproduced under the provisions of this chapter and the reproduction is placed in 500 conveniently accessible files and provisions are made for preserving and using them, the original 501 records from which they were made may be destroyed as provided by this chapter. 502 B. Reproductions or replacements of records made under this chapter are considered 503 original records for all purposes and are admissible in evidence as original records. 504 505 2.40.200 Audit. 506 A. All borough employees are required to use the records management program established 507 and supervised by the clerk. 508 B. Periodic audits will be conducted of the records management program by a certified 509 records management consultant. The overall purpose of the records management audit is to 510 provide information about the efficiency and effectiveness of the records management program 511 as a whole and of the individual functions that make up the system. Providing this information to 512 the assembly and the appropriate people is the purpose of the audit. 513 C. Analysis from the audit will be forwarded to the assembly for further action. 514 D. The records management team leader will report to the assembly upon receipt of the 515 audit the records management progress in each department including summaries of the 516 statistical and fiscal data compiled. 517 518 2.40.210 Definitions. 519 Unless the context otherwise requires: 520 A. "Borough" means any department, division, board, commission, employee, official, 521 appointee, volunteer, or private contractor that has custody of public records. 522 B. "Certified copy" means a copy of a document certified as correct by the clerk. 523 C. "Clerk" means the borough clerk or any properly authorized assistant or designee. 524 D. "Confidential information" means information whose disclosure is restricted by a borough, 525 state, or federal statute, ordinance, regulation, rule, or judicial decision. 526 E. "Disposition" means either the transfer of inactive records to the records center or the 527 disposal of noncurrent records by destruction. 528 F. "Historical record" means those public records that are retained for purposes of history 529 and not necessarily for business purposes. 530 G. "Microform" means the format in which microfilm is generated. It may be a roll, cartridge, 531 jacket, fiche, or an aperture card. 532 H. "Micrographic" means the use of various forms of microfilm in the management of records 533 and information. 534 I. "Physical inventory" means a complete listing of file contents by record or record series, 535 together with sufficient supporting data to enable a proper evaluation for determining retention 536 periods. Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 10 of 12 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 J. "Proprietary information" means information regarding techniques, methods, strategies, or other unique data in which a valuable property interest may be established or which may be used by one person or entity for a competitive advantage. K. "Public records" means books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristic, that are developed or received by a public agency, or by a private contractor for a public agency, and that are preserved for their informational value or as evidence of the organization or operation of the public agency; "public records" does not include proprietary software programs. L. "Records" means any document, paper, book, letter, drawing, map, plat, photo, photographic file, motion picture film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, electronic record, or other document of any other material, regardless of physical form or characteristic, developed or received under law or in connection with the transaction of official business and preserved or appropriate for preservation by the borough, as evidence of the organization, function, policies, decisions, procedures, operations, or other activities the borough or because of the informational value in them. The term does not include library and museum material developed or acquired and preserved solely for reference, historical, or exhibition purposes, extra copies of documents preserved solely for convenience of reference, or stocks of publications and processed documents. M. "Record series" means a group of related records which are normally used and filed as a unit and which permit evaluation as a unit for retention scheduling purposes, a "record series" may contain both forms and correspondence. N. "Retention period" means the period of time established in accordance with statutory or other requirements which must elapse before disposition may be made of records. O. "Vital records" means those public records necessary to assure continuance of essential governmental operations to protect the legal and financial operation of the borough in the event of disaster or catastrophic loss of the borough's records. Section 3: The Kodiak Island Borough Code of Ordinances Chapter 2.50 is hereby amended as follows: Chapter 2.50 BOROUGH CLERK Sections: 2.50.010 2.50.020 2.50.030 2.50.040 Borough clerk. Duties. Deputy clerk — Appointment. Deputy clerk — Duties. 2.50.010 Borough clerk. The clerk shall be appointed by the assembly and serves at its pleasure. 2.50.020 Duties. The following are some of the duties performed by the clerk according to this chapter and AS 29.20.380: A. Give notice of the time and place of meetings; B. Attend regular and special meetings of the assembly and record and maintain the minutes of these meetings; C. Arrange publication of notices and all other items in accordance with this code and state statutes; D. Maintain and Responsible for ensuring proper management of municipal records as provided in KIBC 2.40; Kodiak Island Borough, Alaska mako availablo for public incpoction all rocords, tilos, ordinancoc, Ordinance No. FY2010 -02 Page 11 of 12 591 E. Attest deeds, the mayor's signature and the manager's signature on all contracts to which 592 the borough is a party, and other documents as needed. For purposes of this section, "contract" 593 shall mean any contract, agreement, memorandum of understanding, or letter of intent which 594 sets out the rights, duties, and obligations of the parties thereto; 595 F. Chief administrator of borough elections and has full responsibility for all phases of 596 borough elections up to and including preparation of the final results to be submitted to the 597 assembly for election certification; and 598 G. Perform other duties as specified in other sections of this code and AS Title 29 or as 599 prescribed by the assembly. 600 601 Section 4: The Kodiak Island Borough Code of Ordinances, Chapter 2.50 is hereby amended 602 as follows: 603 604 Chapter 2.55 605 ENGINEERING AND FACILITIES DEPARTMENT 606 607 Sections: 608 2.55.010 Engineering and facilities department director. 609 610 2.55.010 Engineering and facilities department director. 611 The manager shall appoint an engineering and facilities department director who shall 612 maintain records per KIBC 2.40, administer design and inspection of vertical construction, 613 coordinate supervision and inspection of village construction, administer grants at local and 614 village levels, and perform other duties as prescribed by the manager or by resolution of the 615 assembly. The director shall also administer the borough subdivision regulations, maintain 616 engineering records per KIBC 2.40 and documents, administer design and inspection of all 617 horizontal construction, provide administration and operation for water and solid waste disposal, 618 administer local service roads and trails programs, and perform other duties as prescribed by the 619 manager and by resolution of the assembly. 620 621 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 622 THIS DAY OF 2009 623 624 625 KODIAK ISLAND BOROUGH 626 627 628 629 Jerome M. Selby, Borough Mayor 630 631 ATTEST: 632 633 634 635 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 12 of 12 ;ck Tro/ e 'k C k5Vi* gM/ le7/2.. Wv0 oy ko N (1- 6 , Z �,� \\el �6Z5 1 k \ \ IA-) pilev, \ S _.. /A»LLV .Rw. S �OrwL Voo4ev\ Jj■Z r"gn'-\-u O fbei/6- 74 e )dgc._ KODIAK ISLAND BOROUGH ASSEMBLY WORK SESSION Work Session of: Please PRINT your name Please PRINT your name