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2008-09-18 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, September 18, 2008, 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. APPROVAL OF MINUTES yg� A. * August 7, 2008 Regular Meeting and August 14, 2008 Special Meeting. AWARDS AND PRESENTATIONS A. Family Day Proclamation B. Alcohol and Drug Addiction Recovery Month Proclamation C. United States Coast Guard "We Applaud You" Proclamation D. Presentation of Achievement for Excellence in Financial Reporting 7 CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. UBLIC HEARING t A. Resolution No. FY2009 -04 Adopting the Kodiak Area Coordinated Transportation Plan. 10. BOROUGH MANAGER'S REPORT 11. / MESSAGES FROM THE BOROUGH MAYOR 12` NFINISHED BUSINESS k . Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 B orough Attorney by Adding Section 2.24.040 Alternate Counsel. \� B. Resolu N FY 200 9 -03 Approving Fiscal Year 2009 Support to the Kodiak Island \ Bed and Breakfast Association. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toff Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 13. NEW BUSINESS A. Contracts 1. *Contract No. FY2009 -05 Providence Kodiak Island Counseling Services to KIB School District for School Year 2008 -2009. B. Resolutions ' *Resolution No. FY2009 -05 Authorizing the Approval of Lease Regarding the Women's Bay Fire Hall Apartment. 2. Resolution No. FY2009 -06 Adopting a State Legislative Capital Improvement Projects Priority List for the 2009 Legislative Session. CQ �3. Resolution No. FY2009 -07 Approving the Village of Karluk and Its Native Village Council to Participate in the FY2009 Community Revenue Sharing Program. / 4. Resolution No. FY2009 -08 Supporting the Need for a Comprehensive Study of the Existing Modes of Transportation Along With the Transportation Needs of the Communities on Kodiak Island and Urging the Denali Commission to Fund a Portion of the Island -Wide Transportation Study. C. Ordinances for Introduction – None. D. Other Items 1. *Approval of Workers for the October 7, 2008 Regular Municipal Election. 2. Accepting the FY2009 Designated Legislative Grant #09 -DC -567, Road Service Area Rehabilitation and Paving and Authorizing the Manager to Enter Into an Agreement with the State of Alaska Department of Commerce, Community and Economic Development. 3. Accepting the FY2009 Designated Legislative Grant #09 -DC -223, Area Wide School Supplies and Equipment and Authorizing the Manager to Enter Into an Agreement with the State of Alaska Department of Commerce, Community and Economic Development. 4. Assembly Approval of the Vacation of a 20 Foot Wide Portion of a Utility Easement in Accordance With KIBC 16.60.060 Along the West Side Lot Line of Lot 13, Woodland Acres Subdivision, 1 Addition. 5. Assembly Approval of the Vacation of a 20 Foot Wide Utility Easement in Accordance with KIBC 16.60.060 That Is Shared By Existing Lot 2B and Lot 2C, Block 1, Bells Flats, Alaska Subdivision. 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. Fire Protection Area No. 1 Board Regular Meetings of June 17, July 15, 2008, and Special Meeting of July 29, 2008. 2. Solid Waste Advisory Board Regular Meetings of April 2, May 7, May 29, and Special Meeting of April 24, 2008. B. Reports 1. Kodiak Island Borough August 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 2 of 2 Kodiak Island Borough- Assembly Regular Meeting Agenda Thursday, September 18, 2008, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. * August 7, 2008 Regular Meeting and August 14, 2008 Special Meeting. 6. AWARDS AND PRESENTATIONS A. Family Day Proclamation B. Alcohol and Drug Addiction Recovery Month Proclamation C. Presentation of Achievement for Excellence in Financial Reporting 7 CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General-Comments 8. COMMITTEE REPORTS 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR tow- cd1/4 9. PUBLIC HEARING A. Resolution No FY2009 -04 Adopting the Kodiak Area Coordinated Transportation Plan. 12. UNFINISHED BUSINESS A. Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. B. Resolution No. FY2009 -03 Approving Fiscal Year 2009 Support to the Kodiak Island Bed and Breakfast Association. 13. NEW BUSINESS A. Contracts 1. *Contract No. FY2009 -05 Providence Kodiak Island Counseling Services to KIB School District for School Year 2008 -2009. 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 B. Resolutions 1. *Resolution No. FY2009 -05 Authorizing the Approval of Lease Regarding the Women's Bay Fire Hall Apartment. 2. Resolution No. FY2009 -06 Adopting a State Legislative Capital Improvement Projects Priority List for the 2009 Legislative Session. 3. Resolution No. FY2009 -07 Approving the Village of Karluk and Its Native Village Council to Participate in the FY2009 Community Revenue Sharing Program. C. Ordinances for Introduction — None. D. Other Items 1. *Approval of Workers for the October 7, 2008 Regular Municipal Election. 2. Accepting the FY2009 Designated Legislative Grant #09 -DC -567, Road Service Area Rehabilitation and Paving and Authorizing the Manager to Enter Into an Agreement with the State of Alaska Department of Commerce, Community and Economic Development. 3. Accepting the FY2009 Designated Legislative Grant #09 -DC -223, Area Wide School Supplies and Equipment and Authorizing the Manager to Enter Into an Agreement with the State of Alaska Department of Commerce, Community and Economic Development. 4. Assembly Approval of the Vacation of a 20 Foot Wide Portion of a Utility Easement in Accordance With KIBC 16.60.060 Along the West Side Lot Line of Lot 13, Woodland Acres Subdivision, 17 Addition. 5. Assembly Approval of the Vacation of a 20 Foot Wide Utility Easement in Accordance withKlBC 16.60.060 That Is Shared By Existing Lot 2B and Lot 2C, Block 1, Bells Flats, Alaska Subdivision. 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. Fire Protection Area No. 1 Board Regular Meetings of June 17, July 15, 2008, and Special Meeting of July 29, 2008. 2. Solid Waste Advisory Board Regular Meetings of April 2, May 7, May 29, and Special Meeting of April 24, 2008. B. Reports 1. Kodiak Island Borough August 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 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting August 7, 2008 A regular meeting of the Kodiak Island Borough Assembly was held August 7, 2008 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. Assembly member Friend was absent. BRANSON moved to excuse Assembly member Friend who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA ABELL moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular meeting minutes of June 19 and July 17, 2008 and Special meeting minutes of June 26, 2008 were approved under the consent agenda. AWARDS AND PRESENTATIONS Finance Director Short presented the Employee of the Quarter Award to Tracy Mitchell, Environmental Specialist in the Borough Engineering and Facilities Department. CITIZENS' COMMENTS Rick Pillans spoke in support of the Threshold Recycling contract with the Borough. Marion Owen called in support of Threshold's recycling services and programs for Kodiak. She urged the Assembly to support recommendations coming forward from the Solid Waste Advisory Board (SWAB). Dr. Bob Johnson spoke in favor of a Pay -As- You -Throw program for the community and urged the Assembly to consider the SWAB recommendation. Janet Buckingham Kodiak Island Visitors and Convention Bureau (KIVCB) Director thanked the Assembly for its continued funding of the organization. She reported on the recent cruise ship activities in Kodiak. She voiced her support of the SWAB recommendation. Ellen Simeonoff Threshold Services Treasurer spoke in support of renewing the recycling contract with the Borough. She thanked the Assembly for its continued support of Threshold. Kodiak Island Borough Assembly Minutes August 7, 2008 Page 1 COMMITTEE REPORTS Dale Nash Alaska Aerospace Development Corporation (AADC) CEO, provided an update of the AADC program and the continued growth of the launch complex. He thanked the community for its continued support. Assembly member Lynch gave an update on the Solid Waste Advisory Board's activities and spoke on the Solid Waste Management Plan recommendations that would be brought before the Assembly for consideration. Assembly member Stutes reported on the Providence Kodiak Island Counseling Center Advisory Board meeting. Assembly member Branson reported on the Providence Island Service Area Community Board meeting. She spoke on the differences of future senior housing options: 1) independent living through the Kodiak Island Housing Authority; or 2) assisted living through Providence Hospital's proposed Greenhouse model. PUBLIC HEARING A. Ordinance No. FY2009 -01A Amending Ordinance No. FY2009 -01 to Appropriate Funds for the Purpose of Providing Information on Ballot Proposition No. 1. OSWALT moved to adopt Ordinance No. FY2009 -01A. The Assembly's wish was to release accurate information regarding Proposition No. 1 to effectively communicate the changes regarding recent 2008 financial disclosure laws that had become intrusive and to inform the public that the proposition would instead require municipal officers to file a less intrusive KIB financial disclosure form. The Borough was required by Alaska Statutes to specifically appropriate the funding by ordinance. Alaska Statutes Section 15.13.145(4b) states "money held by a municipality may be used to influence the outcome of an election concerning a ballot proposition or question, but only if the funds have been specifically appropriated for that purpose by a municipal ordinance." A draft informational brochure explaining the proposition was provided in the packet. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. Assembly members Abell, Branson, and Jeffrey spoke in support of appropriating funds to educate the public on the requirements of municipal officers. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Lynch, Oswalt, and Stutes. B. Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 — Rural Residential One District. (P &Z Case 08 -023.) STUTES moved to adopt Ordinance No. FY2009 -03. Kodiak Island Borough Assembly Minutes August 7, 2008 Page 2 The Planning and Zoning Commission recommended four lots, totaling approximately 20 acres, located in the B- Business zoned "island" in Womens Bay be rezoned to RR1 —Rural Residential One. The Commission found that while businesses fronting Rezanof Drive (including business ventures from Speedy Kraft store down to Rendezvous) were thriving, the back side of the B— Business zone "island" and fronting South Russian Creek Road (where the parcels reside) had languished to meet their full potential. Mayor Selby opened the public hearing. Public hearing responses received from Luke Lester and Maurice Johnson, both of whom were in support of keeping the lots zoned as B- Business, were read into the record by Clerk Javier. Mayor Selby closed the public hearing. Duane Dvorak, CDD Associate Planner, outlined the options available to the Assembly. One option was to refer the case back to the Planning and Zoning Commission for further recommendations. ABELL moved to refer Case 08 -023 back to the Planning and Zoning Commission. ROLL CALL VOTE ON MOTION TO REFER CARRIED FIVE TO ONE: Branson, Jeffrey, Oswalt, Stutes, and Abell (Ayes); Lynch (No). C. Ordinance No. FY2009 -04 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances Section 17.02.030 Comprehensive Plan to Incorporate the Kodiak Island Borough Coastal Management Program Plan Update. BRANSON moved to adopt Ordinance No. FY2009 -04. The consultant, Planning and Zoning Commission, and staff worked to develop a plan that expressed the wishes and desires of borough residents regarding future development in the coastal areas of the Kodiak region. The plan was approved by the Alaska Department of Natural Resources (ADNR) and the Federal Office of Coastal Resource Management (OCRM) so it was not possible to consider any further amendments at the time. To make the plan enforceable and restore the Borough's "place at the table" during coastal project reviews, was contingent upon the adoption of the plan update. As a second class borough, the KIB has and use regulation authority through its planning and zoning powers. There are many exceptions where that authority does not extend such as off- shore (within the borough 3 -mile boundary limit), on the Coast Guard Base, at the Kodiak Launch Complex, etc. In many instances the KIB Coastal Management Program and the related State of Alaska Regulations from which they are derived, may have more to do with development located outside of established communities than the local zoning authority. Staff recommended the adoption of the KIB Coastal Management Program Plan Update and passage of the ordinance for codification. Duane Dvorak, CDD Associate Planner, explained that approving the ordinance would ensure a place with the agencies that would be involved with approving future plans. Kodiak Island Borough Assembly Minutes August 7, 2008 Page 3 Mayor Selby opened the public hearing. Seeing and hearing none Mayor Selby closed public hearing. Assembly members discussed the importance of restoring the plan for the betterment of the coastal communities and thanked staff for putting the ordinance together. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. BOROUGH MANAGER'S REPORT Finance Director Short reported the following: • Kodiak Island Borough website has had over 19,000 visitors; 7,964 viewers have visited the site more than once. The public is viewing the website for bid specifications and information on property taxes. MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS A. Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. The ordinance was requested and sponsored by Assembly member Branson. KIBC 2.24.020 states the Assembly shall appoint the Borough Attorney by resolution. The ordinance would clarify the process when individual actions of municipal officials are challenged or the possibility of individual liability is presented and outside counsel is needed. The ordinance would require that the request for payment be made through the governing body of the Assembly before hiring another attorney. Adoption of the ordinance was postponed by the Assembly after a public hearing was held at the June 19, 2008 regular meeting in order to receive a legal opinion on the proposed ordinance.The second opinion was just received and time was needed to review the document. BRANSON moved to postpone Ordinance No. FY2008 -21 to the regular meeting of September 4, 2008. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, and Jeffrey. NEW BUSINESS Contracts A. Contract No. FY2009 -02 A/E Contract with ECI /Hyer, Inc. for Architectural Programming for Near Island Research and Administrative Facility. ABELL moved to authorize the Manager to execute Contract No. FY2009 -02 with ECI /Hyer, Inc. of Anchorage, Alaska, for architectural programming and concept design services for the Near Island Research and Administrative Facility in the amount not to exceed $89,700. The Kodiak Island Borough received a $1,500,000 legislative grant for the design and development of a Near Island Research and Administrative Facility for the Alaska Fish and Game. Proposals were solicited for architecture and engineering services. ECI /Hyer, Inc. was Kodiak Island Borough Assembly Minutes August 7, 2008 Page 4 The Kodiak Island Borough received a $1,500,000 legislative grant for the design and development of a Near Island Research and Administrative Facility for the Alaska Fish and Game. Proposals were solicited for architecture and engineering services. ECI /Hyer, Inc. was selected by the Architectural Review Board. If approved, the present contract would include full A/E services, however at the time the project was in the pre- design stage of development and only the programming and concept design phase was authorized. In the future, additional phases of the A/E services under the contract would be negotiated and brought before the Assembly for approval. By signing the present contract, ECI /Hyer, Inc. would be contracted for the additional phases and would be able to produce a schematic design in order to have a better view of what the building would look like and how large it would need to be to meet the needs of the agency. Assembly member Oswalt questioned if there was a contract with the potential tenant (ADF &G). Woody Koning, Engineering and Facilities Director, responded that the proposed contract with ECI /Hyer was for preliminary work only and that although there was not an executed contract with ADF &G, the agency had obligated millions of dollars to fund the future project. Assembly member Abell commented that funding the contract would put the Borough in good standing for future funding through EVOS. He also commented that initial funding had come from the State and it was their funding that was presently being spent on the project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Jeffrey, and Lynch. B. Contract No. FY2009 -03 Recycle Services with Threshold Services, Inc. BRANSON moved to authorize the Manager to execute Contract No. FY2009 -03 with Threshold Services, Inc. of Kodiak, AK for the unit price of $9,000 for the first 30,000 pounds and $.15 per pound for recyclable material over 30,000 pounds for the period of July 1, 2008 to December 31, 2008. Threshold Services, Inc., a private non - profit entity, maintains a receiving, handling, processing, storage, and marketing operation for recyclable materials in Kodiak. The shipment to markets off- island, which is achieved through Threshold's goal, provides work and training for persons with disabilities or who are chronically not employable. During calendar year 2007, Threshold processed 500 tons of recyclable material for the Borough and an additional 168 tons for the USCG (under a separate contract). Those recyclable items included newspaper, magazines, white and colored paper, various plastics, and tin cans. The amount of recyclables processed for the Borough was expected to increase as Threshold had established satellite drop -off stations within the borough. In general, the Borough's recyclable material included items brought by the public to Threshold's location on Von Scheele, the satellite stations, material picked up by Threshold at various business locations, and the community cardboard dumpster deliveries paid for through the Borough's contract with AK Waste Management. During fiscal year 2008 the average price per month for the contract was approximately $19,300. Threshold proposed to maintain the contract pricing; $9,000 for the first 30,000 pounds of material and $.15 per pound for any additional material, expecting that the proposed initial term of the six month contract would cost approximately $115,800. The contract and its costs would be evaluated after 6 months for an additional six month period and further negotiations would be brought back to the Assembly for approval. Kodiak Island Borough Assembly Minutes August 7, 2008 Page 5 Staff reviewed the contract and recommended approval. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Branson, Jeffrey, Lynch, and Oswalt. Resolutions None. Ordinances for Introduction A. Ordinance No. FY2009 -05 Determining the Negotiation of a Sale at Fair Market Value of Tax Foreclosed Properties to the Federal Government. BRANSON moved to adopt Ordinance No. FY2009 -05 in first reading to advance to public hearing on August 21, 2008. Certain real property was deeded to the Borough through tax foreclosure proceedings pursuant to AS 29.45.290 for delinquent payment of taxes for 2006 and previous years. The Planning and Zoning Commission reviewed the parcels as required by KIBC 18.10.030 by public hearing in June 2008. The parcels were declared surplus to "public need" and were determined to be available for future land sale. The United States Fish and Wildlife Service (USFWS) expressed an interest in purchasing parcel T30S R28W TL 1811 ZACHAR BAY & T31S R28W TL 2903 AMOOK BAY at fair market value from the Borough. KIBC 18.20.100 (B) Disposal for Fair Market Value allows the Assembly and its agents to directly negotiate with the United States, the State of Alaska, or any political subdivision thereof upon a finding by the Assembly that the disposal will allow the use of the land for a public purpose beneficial to the Borough. The property was once part of the Kodiak National Wildlife Refuge (KNWR) and the reacquisition by USFWS would promote efficient management for public recreation, refuge for wildlife, and was consistent with the goals and objectives of the Kodiak Area Comprehensive Plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Lynch, Oswalt, and Stutes. B. Ordinance No. FY 2009 -01 B Amending Ordinance No. 2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. JEFFREY moved to adopt Ordinance No. FY2009 -01 B in first reading to advance to public hearing on August 21, 2008. The ordinance would: • Increase the Child Care Assistance Program fund revenues and expenditures by $19,022 due to an increase in the child care grant from the State of Alaska; • Increase the Kodiak Middle School Seismic Upgrade Project in Fund 410 by transferring $2,700,000 from the Kodiak Middle School Seismic Upgrade project in Fund 420; • Move $1,010,118 from the Learning Center Renovation project (05017) to the Ouzinkie Gym Renovation project (04103); and Kodiak Island Borough Assembly Minutes August 7, 2008 Page 6 • Move $143,751 from the Learning Center Renovation project (05017) to the Peterson Seismic Upgrade Project (05023). ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Lynch, Oswalt, Stutes, and Abell. Other Items A. Assembly Review of Case 08 -002 Denial of Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1- Single Family Residential To B- Business and Directing Staff to Prepare an Ordinance for Introduction. JEFFREY moved to direct staff to prepare an ordinance for introduction relating to Case 08 -002 Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1- Single Family Residential To B- Business. The Planning and Zoning Commission, at its regular meeting on June 18, 2008, adopted findings of fact in support of its decision on May 9, 2008 to deny a rezone of Larsen Bay Tract A, Block 3, Lot 3 From R1- Single Family Residential To B- Business. Per KIBC 17.72.055 (B) Submission to the Assembly. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten (10) days, files a written statement with the clerk requesting that the commission's action be taken up by the Assembly. A copy of KIBC Chapter 17.72 and an illustrative flowchart describing the decision making process and how the Commission and Assembly were required to consider amendments and changes to regulations and boundaries of districts was included in the packet. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. B. Mayoral Appointment(s) to the Solid Waste Advisory Board. BRANSON moved to confirm the mayoral appointment of Cindy Harrington to the vacant Solid Waste Advisory Board Seat, term to expire December 31, 2010. KIBC 2.39.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the Mayor and confirmed by the Assembly. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, and Jeffrey. JEFFREY moved to confirm the mayoral appointment of Lauri Murdock to the vacant Retail Business Representative Solid Waste Advisory Board Seat, term to expire December 31, 2009. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Jeffrey, and Lynch. CITIZENS' COMMENTS None. Kodiak Island Borough Assembly Minutes August 7, 2008 Page 7 Assembly member Stutes congratulated Rick Pillans for the work that was being done at Threshold Recycling and for the renewal of the contract for the next six months. Assembly member Abell and Branson had no comments. Assembly member Jeffrey congratulated Tracy Mitchell as Employee of the Quarter and commended her for her hard work. She appreciated Mr. Nash's report on the AADC and was pleased to hear that orbital sciences businesses were interested in the program. She thanked Assembly member Branson for the clarification on the senior housing differences. Assembly member Oswalt commented that it was nice to see the pool project coming along. Assembly member Lynch extended congratulations to Tracy Mitchell for the well deserved Employee of the Quarter award. She urged the community to continue to recycle and speak out about recycling. ANNOUNCEMENTS Mayor Selby announced the Assembly would meet in a work session with a special meeting immediately following on Thursday, August 14, 2008 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, August 21, 2008 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT STUTES moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Branson, Jeffrey, Lynch, and Oswalt. The meeting adjourned at 9:17 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes August 7, 2008 Page 8 KODIAK ISLAND BOROUGH Assembly Special Meeting August 14, 2008 A special meeting of the Kodiak Island Borough Assembly was held August 14, 2008 in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:35 p.m. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Chris Lynch, and Reed Oswalt. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Engineering and Facilities Director Woody Koning, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. BRANSON moved to excuse Assembly members Jeffrey and Stutes who are out on personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS' COMMENTS — None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Ordinance No. FY2009 -06 Authorizing the Borough to Issue General Obligation Bonds in The Principal Amount of Not to Exceed $115,300,000 to Finance the Planning, Design, And Construction of a New High School, an Administrative Building and Related Capital Improvements and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of The Borough at the October 7, 2008 Regular Borough Election. BRANSON moved to adopt Ordinance No. FY2009 -06 in first reading to advance to public hearing on August 21, 2008. The Kodiak Island Borough would replace the Kodiak Island High School with a new building. Several reasons for this included: • skyrocketing maintenance and utility costs; • the building's age and inefficiency; • the high school being a "patchwork" of several different buildings that do not fit together; and • the needs of the students and the makeup of the student body have changed. When the high school was originally built, computers were not in use; now they are in the mainstream of children's education. Designing and building a new high school would save a considerable amount of money on utility and maintenance costs. It would also give the children a better education to prepare them for their future. The Kodiak Island Borough would renovate part of the existing high school into administrative offices for the Borough, School District, and possibly the City of Kodiak. If the new administrative offices were constructed, the Borough Building would be demolished due to its age and inefficiency. Assembly member Friend and Branson requested that more realistic information be issued to the voter about costs. It was suggested that this information be used in the voter's pamphlet. Kodiak Island Borough Assembly Minutes August 14, 2008 Page 1 Assembly member Abell would like to see that the public be educated in that there is a goal to pursue other monies. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Lynch, and Oswalt. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Lynch, Oswalt, and Abell. The meeting adjourned at 7:50 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes August 14, 2008 Page 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 18, 2008 REGULAR MEETING ITEM NO: 9.A TITLE: Resolution No. FY2009 -04 Adopting the Kodiak Area Coordinated Transportation Plan. SUMMARY: This resolution was requested by Assembly member Branson to express continued support to KATS in its goal to provide safe and reliable transportation to those residents who need it the most so they might remain living independently for as long as possible. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -04. Introduced by: Requested by: Drafted by: Introduced: Adopted: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2009 -04 Assembly Member Branson Assembly Member Branson Assembly Member Branson 09/18/2008 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING THE UPDATED KODIAK AREA COORDINATED TRANSPORTATION PLAN WHEREAS, the Kodiak Human Services Coalition (HSC), which includes all Kodiak non - profit providers, has been holding quarterly meetings since November 2002; and WHEREAS, these sessions culminated in the preparation of the Kodiak Area Coordinated Transportation Plan; and WHEREAS, the Kodiak Area Coordinated Transportation Plan outlines the following: 1. Profiles of existing transportation services and equipment in the area. 2. Summarizes the known needs and gaps in the current available transit services. 3. Describes the methods used to involve the community in the formations of this plan and summarizes the results of that involvement. 4. Provides several strategies for improvement to the service levels. 5. Outlines Projects for 2008 -10. WHEREAS, the Kodiak Area Coordinated Plan is needed in order to receive Federal and State funds for continuing the Kodiak Area Transit Systems (KATS) that has served the community and local non - profits as a coordinated transit system since August 2000; WHEREAS, KATS is the only coordinated transportation system in the state with more than 17 local non - profit agencies participating; and WHEREAS, KATS is cost - efficient and is fundamental to the quality of life for many Kodiak residents who cannot afford other means of transportation; NOW THEREFORE, BE IT RESOLVED THAT THE KODIAK ISLAND BOROUGH ASSEMBLY hereby adopts the updated Kodiak Area Coordinated Transportation Plan to express continued support to KATS in its goal to provide safe and reliable transportation to those residents who need it the most so they might remain living independently for as long as possible. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2008 ATTEST: Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2009 -04 Page 1 of 1 ATTEST: KODIAK ISLAN RESOLUTION A RESOLUTION OF THE ASSEMBLY • . . • ' K ISLAND BOROUGH ADOPTING THE KODIAK AREA COORDINATED TRANSPORTATION PLAN WHEREAS, the Kodiak Human Services Coalition (HSC), which includes all Kodiak non - profit providers, has been holding quarterly meetings since November 2002; and WHEREAS, these sessions culminated in the preparation of the attached Kodiak Area Coordinated Transportation Plan; and WHEREAS, the Kodiak Area Coordinated Transportation Plan outlines the following: 1. Profiles of existing transportation services and equipment in the area. 2. Summarizes the known needs and gaps in the current available transit services. 3. Describes the methods used to involve the community in the formations of this plan and summarizes the results of that involvement. 4. Provides several strategies for improvement to the service levels. 5. Outlines Projects for 2007. WHEREAS, the Kodiak Area Coordinated Plan is needed in order to receive Federal and State funds for continuing the Kodiak Area Transit Systems (KATS) that has served the community and local non- profits as a coordinated transit system since August 2000; WHEREAS, KATS is the only coordinated transportation system in the state with more than 17 local non - profit agencies participating; and WHEREAS, KATS is cost - efficient and is fundamental to the quality of life for many Kodiak residents who cannot afford other means of transportation; NOW THEREFORE, BE IT RESOLVED THAT THE KODIAK ISLAND BOROUGH ASSEMBLY hereby adopt the Kodiak Area Coordinated Transportation Plan to express continued support to KATS in its goal to provide safe and reliable transportation to those residents who need it the most so they might remain living independently for as long as possible. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTEENTH DAY OF MAY 2007 Kodiak Island Borough, Alaska A A ^. Borough Clerk Introduced by: Requested by: Drafted by: Introduced: Adopted: ROUGH O. FY2007 -33 Assemblymember Branson Assemblymember Branson Borough Clerk/ Assemblymember Branson 05/17/2007 05/17/2007 KODIAK ISLAND BOROUGH sr/ ome M. Selby Borough Ma or Resolution No. FY2007 -33 Page 1 of 1 SUMMARY OF UPDATES TO KODIAK AREA COORDINATED TRANSIT PLAN The main updates are in the strategies and projects. The main body of the plan was updated with: ❖ Updates of vehicles with the new bus that started service last summer. ❖ Updates on service hours as KATS did have extended service in the weekday evenings from August, 2007 until August, 2008. These were discontinued due to lack of riders and costs. Weekend hours from 10am to 3pm were also added in August, 2007 and they are continuing. ❖ Updates on the minimal public runs in the mornings and late afternoons were changed to accommodate Coast Guard requests to get people to the base. • Updates with the Human Service Coalition having met to review the plan, objectives and task on September 9th ❖ Updated needs including a mobility manager (grant has been written for this consultant) to assess efficiencies of service. ❖ Updated community vehicle list -SCOK donated 1991 ADA van to Wounded Warriors. Strategies: ❖ Expand KATS service with 2nd vehicle used for coordinated system in mid -day and for nursing home residents. • Seek funding for mobility manager ❖ Transit plan was incorporated in KIB Comprehensive plan so this strategy was deleted. Projects 2008: #3 changed to only include 2nd bus for the mid day weekday service #4 changed to only include buses used for pandemic planning and emergency for the community #5 secure funding for mobility manager added Kodiak Area Coordinated Transportation Plan May 7, 2007 Updated September, 2008 Kodiak Human Services Coalition KODIAK ARE COORDINATED TRANSIT PLAN TABLE OF CONTENTS I. SUMMARY 1 -2 II. BACKGROUND AND HISTORY 3 -5 III. COMMUNITY DESCRIPTION 6 IV. ASSESSMENT OF NEEDS 7 -9 V. EXISTING TRANSPORTATION SERVICES 10 -12 VI. IDENTIFICATION OF GAPS IN SERVICE 13 -14 VII. STRATEGIES TO SERVE TARGET POPULATION 15 -19 VIII. PROJECTS 2008 20 I. SUMMARY In August, 2000, Kodiak Area Transit System (KATS) formed under the leadership of Senior Citizens of Kodiak, Inc. (SCOK) to provide coordinated transportation on the weekdays to social service agencies. A minimal of public transportation was offered through KATS in the early morning and late evening. KATS was originally set up through a pilot project through the Kodiak Island Borough (KIB) in 1997 with funds coming from several sources to establish the transportation system. KATS, at that time, was mainly a public transit system with minimal service in the middle of the day devoted to the social service agencies and their clients. KIB put out to bid an RFP for providing transit services and contracted with Laidlaw to operate KATS as this pilot project. The pilot project consisted of one bus running an express route from Monashka Bay to Women's Bay and a bus running an in -town route that was also used mid -day for the social service agencies' clients. In late summer 1999, the KIB Assembly decided not to continue or support funding the transit system after the pilot funds expired and not to place a transportation tax on the municipal ballot for that October, 1999 election. Knowing that seniors, low income, developmentally disabled and other Alaska Mental Health Trust Authority beneficiaries needed some kind of coordinated transit service in order to remain independent and also realizing that not every social service agency had the financial or staff means to pay for vehicles, gas, insurance and staff as drivers, SCOK decided to meet with the local social service agencies and discuss the possibility having a coordinated transit system for local area non profits. SCOK became the lead agency for the coordinated transit project and wrote grants in the spring of 2000 to the State Department of Transportation (DOT) for a coordinated transit system in Kodiak. SCOK was successful in writing and administering transportation grant funds and working with other social service agencies to assure adequate transportation was available for their clients. With the other local non profits, SCOK organized the new coordinated transit system to begin in August, 2000 with only one bus in service and one bus as backup. The two KATS buses, which were owned by KIB and had more than 50,000 miles on each, were transferred to the SCOK ownership and SCOK contracted with Laidlaw for operations and administration of the coordinated system. Laidlaw has been under contract for operations and administration of KATS since August, 2000. A new bus was purchased in 2002 with funding from the Rasmsuson Foundation, City of Kodiak and Alaska Mental Health Trust Authority (AMHTA). Another new bus was purchased in 2007 with federal pass through funds from Alaska Department of Transportation. As part of that Laidlaw contract, maintenance, insurance, drivers' training is all covered. Fuel costs and a separate coordinator fee of $500 per month are paid separately from the administration and operations portion of the contract. 1 KATS presently runs from 6:30 -8 a.m. as a public service; from 8 to 5 p.m. as coordinated system and from 5 -6:30 p.m. as a public system on Monday through Fridays. KATS extended service in August, 2007 to include evening hours until 10 p.m. and weekends from 10 -3 pm. The evening service was cut in August, 2008, due to lack of ridership and operational funds. The weekend service continues. KATS runs from Monashka Bay to the Coast Guard Base and Women's Bay in the public runs and has certain designated stops along the way. KATS runs as a door -to -door ADA accessible service to non profit clients for the rest of the day and requires a 24 hour notice for pick ups. KATS has regularly scheduled runs to Safeway, downtown, WalMart, Food Bank, senior center, Island Cove Adult Day Program and work related trips. KATS in instrumental in getting many Kodiak residents to work and to take their children to child care prior to going to work. KATS's increase in ridership in the last two years has mainly been with riders getting to and from work. Those areas of work include Threshhold which employees developmentally disabled workers in the borough's recycling project; getting riders to work at Safeway, Mack's Sport Shop, McDonalds, and the Coast Guard Base. This spring we did change the public transit schedule in the am and pm so workers at the Coast Guard Base could get to and from work. The Coast Guard Base is where the increase of service jobs is located. Priorities for the coordinated service is first for medical, dental, clinic, physical therapy, lab appointments; secondly is for work related travel or to the college; scheduled shopping is third priority and personal appointments are last. These priorities have been agreed upon and reviewed by the local non profit agencies at a Human Service Coalition meeting held September 9, 2008. At the present time, the need for another bus to run mid day for the coordinated system is needed, for a mobility manager to analyze efficiencies of the system as well as hours for a regular public transportation system in Kodiak. This plan: 1. Profiles existing transportation services and equipment in the area. 2. Summarizes the known needs and gaps in the current available transit services. 3. Describes the methods used to involve the community in the formations of this plan and summarizes the results of that involvement. 4. Provides several revised strategies for improvement to the service levels. 5. Outlines Projects for 2008. 2 II. BACKGROUND AND HISTORY Kodiak Area Transit System (KATS) was formed as a pilot project in 1998 & 1999 with the Kodiak Island Borough (KIB). A Transit Technical Assistance Project Report for Kodiak, Alaska was prepared for the Community Transportation Association of American (CTAA) by the consultants Leigh, Scott & Cleary, Inc., in 1994. The Kodiak Chamber of Commerce had received a grant from the U.S. Department of Agriculture for the evaluation and development of transportation services in agriculturally (including fishing) based communities as a means of promoting economic development. Kodiak was chosen by CTAA as a study site. CTAA in turn retained the services of Leigh, Scott & Cleary, Inc., to assist in the conduct of the study. Agencies who took part in serving on the pilot project committee included representatives from the Kodiak Chamber of Commerce, Senior Citizens of Kodiak, Inc., Kodiak Island Housing Authority, Kodiak Island Hospital, U.S. Coast Guard, Kodiak Island Borough, Kodiak Mental Health, Kodiak Area Native Association and private carriers. With the Technical Project being completed and distributed in 1995, several representatives from Kodiak attended the State Transportation Transit conference for a couple of years and also continued to meet to discuss how to implement the recommendations in the final transit report. By 1997, the Kodiak Island Borough, (KIB) took on the leadership role in implementing the report by issuing an RFP to operate and administer the transit services. Laidlaw was contracted to provide these services by the KIB. From many discussions with service groups, it was decided to have one express route and one in -town route that would be used to transport social service clients during the middle of the day. This limited time was found not to be enough time for the social service clients. The bus routes and services grew to be used by the entire community. When grant dollars were expiring for the pilot project transportation service to continue, concerned citizens started a petition for the KIB assembly to place a transportation tax on the ballot so the people in the community could decide if they wanted to continue to fund a community transportation system. In the summer of 1999, the KIB assembly after receiving the petitions, decided not to place the issue on the fall ballot. Without moving the issue forward for the voters to decide, the assembly automatically discontinued the service. This decision left the social service agencies that had been depending upon KATS, in a lurch with present operating budgets diminishing and KATS no longer in service. KATS did not operate after the KIB assembly decision to not fund the project or place the issue on the ballots for voters to decide the issue. KATS was non operational from October 1999 until August 2000. In August 2000, SCOK, in taking a leadership role in a number of meetings and discussions, met with social service agency representatives to explore the need for services and asked for support for a coordinated transit system to serve agency clients. SCOK wrote proposals to the State of Alaska Department of Transportation for grants for the coordinated KATS service. Those agencies initially involved in resurrecting KATS to a coordinated transit system to service non - profit clients were: Senior Citizens of Kodiak, Inc. Kodiak Island Housing Authority Kodiak Area Native Association Women Infant & Children -WIC Kodiak Job Center Kodiak Island Mental Health Safe Harbor Kodiak Island Borough Providence Kodiak Island Hospital Kodiak College Kodiak Women's Resource & Crisis Center Hope Community Resources Laidlaw These agencies set up the policies for KATS as a coordinated system, the times and priorities for coordinated service and worked with Laidlaw in contracting for operations, administration of services, to be the agencies' coordinator for complaints, and to be the central contact for services. Priorities for transportation for KATS as discussed and decided by the non profit agencies in the original inception of KATS as a coordinated system and which are still in place are: medical, work, scheduled shopping, personal appointments. See attached KATS schedule. Kodiak Area Native Association (KANA) in November, 2002, received a state grant to form a Human Services Coalition (HSC) to meet quarterly to have a forum for exchanging and updating local non profit agencies on agency plans and services and to make sure there was not a duplication of services. This group meets quarterly and receives updated information on KATS, clients and service gaps and is also included in the annual writing and support of the KATS grants to the Department of Transportation. In addition to the above initial agencies who were involved with the reformation of KATS as a coordinated system, the following agencies are now also involved with the coordinated system in support and their clients using the system. Office of Children's Services U.S. Coast Guard Consumer Direct Personal Care Parents as Teachers Rural CAP- Head Start Adult Basic Education Kodiak Food Bank Salvation Army 4 Providence Kodiak Island Counseling Center Threshold Vocational Services State Vocational Office Kodiak Island Medical Clinic North Pacific Medical Clinic Kodiak Chamber of Commerce Koniag Incorporated Kodiak Island School District Providence Kodiak Island Physical Therapy Arctic Physical Therapy Curves CostSavers Kodiak Island Convention & Visitors Bureau Sun'aq Tribe of Kodiak Mack's Sport Shop McDonalds One of KATS strengths is the number of non - profit agencies as well as clinics and businesses who continue to support the coordinated transit system. Each year KATS does a survey for clients and agencies that use the system. These assessments are used in the evaluation of the coordinated transportation service and in understanding the service gaps with KATS. Support letters for KATS are attached with this plan. Minutes from the HSC are attached. Also see attached sample survey results. As part of the requirements for continuing the funding KATS receives from the state, we have held public meetings to assess the transportation service gaps, the number of vehicles owned by the agencies and strategies to meet those service gaps. Meetings have been held at the Kodiak Senior Center and with the Human Services Coalition at the Kodiak College to get information and feedback regarding these issues. Minutes from these meetings are attached. Human Service Coalition continues to meet quarterly to discuss transportation issues. The goals of KATS remain the same: to provide safe and reliable transportation to those residents who need it the most so they might remain living independently for as long as possible. 5 III. COMMUNITY DESCRIPTION Kodiak, the oldest Russian settlement in the State of Alaska, is the second largest island in the country but has only 62 miles of roads. The service area of KATS runs from Monashka Bay to the U.S. Coast Guard Base and on to Women's Bay and is about 14 miles. The KATS bus that serves the public in the morning and evenings runs this route with specific stops. Kodiak's population is 13,568 and has remained steady with a bit of decline these past five years. Kodiak's industry is mainly fishing and government with the town usually in the top five of the nation's largest volume of fish delivered and with the largest Coast Guard base in the country housed here. Most of the growth in the community is out of the downtown area and into the Monashka Bay area where Safeway, Walmart and many new housing developments are located. New housing starts have remained consistent and current housing does not meet the housing demands largely placed by the number of new Coast Guard families in town. The senior population, now at 1292, grows at a 10% rate per year, much like the rest of the state with the fastest growing segment being those 75 and older. Alaska will have the second fastest growing senior population in the country in the next decade. Many people who are in the baby boomer generation and who have lived on Kodiak for a number of years plan to retire here. There is a shortage of housing for seniors but plans are in place to take action for new developments for independent housing as well as assisted living and new long term care facility. See the Kodiak Chamber of Commerce's Community Profile which is attached. 6 IV. ASSESSMENT OF NEEDS In order to provide the greatest amount of input from the community, SCOK and other non profit agencies involved with KATS have used several strategies. These strategies include public meetings, surveys of providers, survey of riders and a review of this transit plan by the Kodiak Island Borough Assembly at a work session on September 11, 2008 and the regular public meeting on September 18, 2008. Citizens' comments as well as a public hearing on the transit plan were on the meeting's agenda. While everyone who provides transportation in Kodiak has been invited to the public meetings, it has been difficult to involve private providers other than Laidlaw. Non profit agencies have consistently been involved with KATS from its inception as a coordinated system in setting priorities, policies, reviews, referrals and ways to improve and showing support each year with the Department of Transportation grants as well as to the Kodiak Island Borough Assembly who has provided $10,000 a year in financial support for the system. Public meeting notices and minutes as well as Kodiak Island Borough Assembly meeting agenda and resolution are attached with this plan. Community Meetings Kodiak Human Services Coalition (HSC), which includes all Kodiak non profit providers, has been holding quarterly meetings since November, 2002. At each of these meetings updates are given from each agency as well as addressing needs of KATS coordinated system riders, priorities and overall how the system is working. At these meetings the local non - profits gather in a forum type atmosphere and keep everyone abreast of what each agency is doing. KATS is represented at these meetings by SCOK and Laidlaw. Prior to the Human Services Coalition group forming, KATS had representatives from the local non - profits serving in an advisory capacity for KATS. In addition to the local non - profits representatives, two members from the SCOK Board of Directors were on the committee. Human Services Coalition meeting minutes attached. Public Meetings With the directions coming from the federal government as well as the State Department of Transportation in having a community transit plan in place and including all transit providers, SCOK and other non - profits conducted public meetings prior to those from this year but records of those meetings are not to be found. The first of this year's public meetings happened on February 22, 2007 at the Kodiak Senior Center. At these and subsequent meetings, which were held every two weeks throughout April and May, in addition to the quarterly Human Services Coalition meeting, discussions took place about KATS coordinated service gaps, vehicle inventories, the new grant process and strategies to solve the unmet transportation needs for the next five years. Attached are the minutes from those meetings. What became most apparent at these public meetings was the need for transit services in the evenings and weekends and to provide services to those people who might be at the poverty guidelines but who were not associated with any non - profit agency. These people might need to get to the Community Health Clinic, Head Start for parent meetings, Kodiak College and other areas in town. With only one KATS bus in service and it being mainly used by non - profit clients for most of the day and presently with little mass transit hours, these people who need transportation are not being served. It is projected that with the Community Health Clinic now servicing more than 800 patients each month, the mass transit hours need to increase. The number of patients at the clinic is expected to grow as is the number non profit riders, especially the number of seniors. Another unmet need that was identified at the public meetings was the need for transit service on the weekends and evenings. The final public meeting prior to the Kodiak Island Borough Assembly meeting to review the transit plan and approve by resolution was held May 7 at the Kodiak Senior Center. Minutes from that meeting are attached. Updated transit plan was presented to the Kodiak Island Borough Assembly for approval at their regular meeting on September 18, 2008. Survey of Human Service Providers As a result of the meetings that began in February, 2007, non profit agencies listed unmet needs for KATS and available resources. The following are the present unmet transit needs for KATS: 1. Need transportation for Community Health Clinic patients of which the number is growing each month and is now up to 800 patients a month. 2. Need rides for people who are at poverty guidelines but who are not associated with non - profits i.e. Head Start parents to get to nightly meetings at Head Start. 3. Need more service in the evening, mid -day and weekends for everyone. 4. Need more mass transit hours than the present limited service. 5. Need more transit time to get people to jobs on Coast Guard base late at night. 6. Need more transit time for nursing home residents. 7. Need rides for growing tourist industry with the number of cruise ships doubling this year and Kodiak becoming a tourist destination. This is the revised list of non profit agencies' unmet transportation needs as of September, 2008: 1. Need transportation for new and enlarged Community Health Clinic of which the number is now up to 800 patients a month and will continue to grow. 2. Need rides for people who are at poverty guidelines but who are not associated with non profits i.e. Head Start parents. 3.Need more service in the mid day and a second bus to run at that time. 4. Need more mass transit operational hours than the present limited service. With high gas prices people are calling each day to use the bus. We have capital fund to purchase a bus for mass transit but no operational funding. 4. 5. Need more transit time for nursing home residents. 6. Need rides for growing tourist industry in Kodiak. This year we had 18 cruise ships in town. 7. Need mobility manager contracted to review system and analyze inefficiencies. 9 V. EXISTING TRANSPORTATION SERVICE AGENICES c. d. e. f. g. a. Senior Citizens of Kodiak, Inc. is located in the central downtown area. Its membership and services are for 60 years of age and older. Transportation provided by the agency is limited as seniors use KATS. One small five passenger van is used to deliver home - delivered meals each weekday. It is not ADA. A small ADA five passenger 1991 van is available for emergency use and also used when KATS is tied up picking up people for transportation to and from the airport for ADA clients. KATS is now used for the Island Cove Adult Day Program, which is open on the weekends. SCOK is the owner of the 3 KATS vans. A new vehicle arrived in the summer of 2007. SCOK has no designated staff who serves as drivers and staff rotates in delivering home delivered meals. b. Head Start is located in the upper area of downtown. They have a 28 passenger School bus which is solely used to transport their 40 students, 20 students per bus runs twice a day. The bus is also used for educational field trips. Two people at Head Start are licensed to drive the bus. Kodiak Island Housing Authority has a school bus that is used to transport students from low income housing, Woody Way, to school. This vehicle is also used to transport those same students to activities in the evening. KIHA also has a seven passenger mini van and two 4 door sedans which are used only for clients and staff. Kodiak Area Native Association (KANA) has two vans that are used to transport village beneficiaries when they are in town for clinic appointments and for airport transportation for them. Only KANA beneficiaries are able to use this transportation to the clinic only. One van is a six passenger van and not ADA and the other is five passenger van that is ADA. Providence Kodiak Island Counseling has an 11 passenger van not ADA, a seven passenger van and a Ford Escort. None of the vehicles are ADA and they are all minimally used by staff when they are available and for Community Support Program clients only. Clients use KATS first. Hope Resources has a five passenger car and a van that seats eight and neither is ADA. They have no designated staff for drivers. Providence Kodiak Island Medical Center has no vehicles for transporting nursing home residents. 10 Agency Equipment Availability Personnel SCOK 5 passenger van *3 KATS Transit Buses Meal Delivery Island Cove ADC Coordinated & Public Transit None -only when available for emergencies & for meal delivery Laidlaw contract -5 drivers Head Start 28 passenger School Bus Client Only 2 drivers KIHA School bus - 20* Minivan - 7 passenger 4 -door sedan 4 door sedan Client Only 2 drivers KANA 6 passenger van KANA beneficiaries 1 driver 5 passenger van* only h. Sun'aq Tribe has no vehicles. i Best Western Kodiak Inn has one seven passenger non ADA vehicle that is used from transporting people to and from the airport to the hotel for their clients only. Shelikof Lodge has one non ADA seven passenger van that is used for hotel purposes only. k. A &B Taxi has 23 vehicles, none of which are ADA and are for private hire only. 1. Laidlaw has 25 buses used for student transportation only and three are ADA buses. They have 42 employees and 5 are dedicated to KATS. Equipment & Personnel The table that follows shows the existing equipment and personnel. Availability of equipment is limited by the type of vehicle, source of funding, grant requirements and insurance requirements. Providence Counseling Center 7 passenger van 11 passenger van For community support programs only When staff is available Providence Kodiak Island Medical Center None None None Hope Resources 5 passenger car 8 passenger van Clients only Staff when available Best Western Kodiak Inn 7 passenger van Hotel only Hotel employees only Shelikof Lodge 7 passenger van Hotel only Hotel employees only A &B Taxi 23 cabs For hire only Paid taxi drivers Laidlaw 22 buses 3 ADA buses* Student transportation only 42 drivers * vehicle is equipped with wheelchair .12 VI. IDENTIFICATION OF GAPS IN SERVICE Transit Needs Through community meetings and surveys, the following general areas were identified as areas where needs are not being met or the present method of providing for the need is not adequate and needs to be improved. Area of Need & Frequency of Need per Month 1. More hours of coordinated transportation are needed during peak hours at mid -day and — 200 rides 2. More coordinated hours are needed for Kodiak Community Health Clinic patients who cannot afford other transportation and are too sick to walk — 200 rides 3. More coordinated hours are needed for nursing home residents — 28 rides 4. Low income parents need coordinated transportation for Head Start parents in the evenings — 81 rides 5. More hours are needed to get disabled to work in the evenings and weekends — 25 rides 6. More service to KANA clinic on non beneficiary tobacco cessation and anger management sessions — 52 rides 7. More service to get Brother Francis Shelter clients to work in the early morning — 112 rides 8. More coordinated service to provide disabled tourists — 4 rides 9. More service for low income family transportation for single parents who are part of the Child Care Assistance Program — 20 rides 10. More coordinated transportation specifically for shopping and to thrift stores — 20 rides 11. Coordinated transportation for youth employment during the summer months — 50 rides 12. More transit hours to get people to Alcoholics Anonymous meetings throughout the community and on the Coast Guard Base — 20 rides KATS currently averages about 1800 rides per month. With the unmet needs being listed, those projected rides would increase to more than 2500 rides per month. 13 Vehicle Equipment Needs KATS now operates with one new vehicle and has two vehicles as a back -up. The new vehicle arrived in the summer of 2007. This vehicle is used for the main use during the weekdays and weekends. We have been funded for another bus for mass transit service but we have not ordered that vehicle yet. In reviewing the inventory of vehicles owned by local non - profits, most are restricted to specific client use. SCOK now fills in for KATS when needed for emergencies and on the first Thursday of each month when the nursing home residents use the KATS vehicle for two hours for a regular outing. Personnel Needs Presently with KATS contract for administration and operations with Laidlaw, drivers are employed by this company. In order to expand service to meet transit needs and expand the service to evenings and weekends which was done this year, more drivers have been needed and operational as well as administrative costs have increased. Included in the contract with Laidlaw for operations are drivers, their training and testing, all maintenance for buses, insurance and dispatch services. SCOK presently pays Laidlaw $6879.57 each month in administrative fees and $36.86 per hour for operations. Extended hours for the weekend and previously for the evenings are extra charges. Fuel is charged separately but KATS receives the Laidlaw discount. Another $500 is paid to Laidlaw for being the main contact for complaints, and to coordinate information going to the non profit agencies. VII. PLANS FOR IMPROVEMENT AND STRATEGIES With the public and Human Services Coalition meetings, the following recommendations for improvements to KATS were discussed. WHAT KATS DOES WELL X Reliable and dependable service for the target population of elderly, developmentally disabled, those at low income and welfare to work each weekday. X Good group of Kodiak providers who continue to support the coordinated system in contracting for rides as well as being supportive for grant proposals and public testimony. X Service meets mission in assisting people of all ages and the target population continues to live independently for as long as possible. X Service is ADA and door -to -door with drivers who are caring and provide good safety to riders. The drivers always get rave reviews. X Contract with Laidlaw is consistent with caring employees who make sure riders are picked up and delivered safely inside of residence. X Coordinated service is flexible but allows for specific days for shopping and other schedules during the day. X Priorities allow for riders to get to medical and dental appointments first. X Mix of populations on the bus each day. X Number of riders continues to increase X Human Services Coalition is ready -made venue for discussing coordinated service at each quarterly meeting with providers. X Complaints are handled by Laidlaw and SCOK immediately and resolved. X KATS continues to provide quality weekday service even in bad winter weather. X Mix of funding sources to maintain operations. X SCOK staff can fill in once a month for nursing home residents to have an outing. X New vehicle replaced this year. . X Strong non - profit support for services for seven years and system is now on track financially. WHAT KATS NEEDS TO IMPROVE X Increased hours of operation during mid -day and continue service for weekends to serve unmet needs such as increased number of medical appointments at the Kodiak Community Health Clinic, unmet need of more shopping time, evening classes at the college. These needs were identified by riders in the annual KATS survey. X Outreach to those clients who are low income but who are not affiliated with local non profit so they might use service. X Increase hours of operation to meet unmet need of the new Kodiak Community Health Clinic patients, Head Start parents and Kodiak College students. X Make sure chains are on buses and ready to use at all times in the winter with steep driveways where clients need to be picked up or delivered. X Do more marketing to the community as well as City of Kodiak and Kodiak Island Borough on the asset KATS brings to keeping individuals living independently and benefits to the municipalities. X Have another transit bus to use for increased hours of operations and increase hours of mass transit especially for when new senior housing is located on Near Island. X Better marketing to assure all potential riders who need the service are aware of the coordinated system and use it. X Assure operational funding is stable and sustains system. Issues Strategies High Priority Medium Priority Low Priority Maintain current level of services Engage community leaders in transit needs, outreach & education efforts; identify funding opportunities. x Expand KATS service Increase service with 2n vehicle during weekdays so more riders can be at medical appointments and nursing home residents have consistent outings. X Enhance Commu nication & Advocac y Continue to use HSC as forum; establish a website; provide newsletter for HSC agencies; increase presence & testimony on a continuing basis before City Council & KIB Assembly. x Outreach With expanded hours, do outreach to patients of Kodiak Community Health Clinic, KIHA residents, HeadStart and at HSC meetings to educate potential new riders. x STRATEGIES TO SERVE TARGET POPULATIONS Safe equipme nt in the winter Assure that chains are on vehicle being used so clients can be picked up in steeper driveway areas. X Seek other operatio nal funding Continue to work with HSC for contracts; seek other DOT funding; advocate for transit funding from City of Kodiak. x More mass transit hours Continue to seek more mass transit funding to allow non agency riders services and have mobility manager to assess system. x Marketin g Complete marketing plan for coordinated service & distribute to agencies. x Commu Assure transit vehicles are x nity part of plan for Kodiak Island Planning Borough and work with KIB and City in pandemic planning and use of transit buses for evacuations. VIII. PROJECTS 2008 1.Assure KATS buses are safe and can make steep driveways in the winter in order to get riders who need the service to get to medical and other appointments so they might continue to live independently. 2. Develop communication and advocacy strategy at HSC meetings to meet with KIB and City of Kodiak for transit funding support. Use Sustainable Kodiak as advocacy group. 3.With the 2nd KATS vehicle, look at funding for more coordinated transit hours during the mid - weekdays. 4. Assure transit vehicles are used in pandemic planning for the community. 5. Secure funding for mobility manager to assess the system for inefficiencies. 20 Members of the Borough Assembly Members of the City Council Hans and Herta Tschersich 1423 Baranof Street Kodiak Telephone: 486 5648 Kodiak, September 9, 2008 Re.: In Support of Public Transportation (KATS) in Kodiak KODIAK ISLAND BOROUGH CLERK'S OFFICE COPIED TO: ASSEMBLY 1MAYOR MANAGER_ /OTHER We strongly favor public financial and logistical support of an efficient public transportation system in and around the city of Kodiak. This is essential for seniors and handicapped people to allow them to function as independently as possible. This helps getting people away from their cars and thus lessen the consumption of expensive fossil fuels and the wear and tear on roads. It helps making Kodiak a more visitor - friendly city, an important aspect in view of the increasing number of visitors and tourists during the summer months. Sincerely, Herta and Hans Tschersich TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 21, 2008 REGULAR MEETING ITEM NO: 12.A Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. SUMMARY: This item was: • First presented to the Assembly on June 5, 2008. • Advanced to public hearing on June 19, 2008. • Postponed to August 7, 2008. • Postponed to September 4 (meeting cancelled.) Second opinion was received and changes recommended were incorporated in the ordinance (highlighted in green) to clarify proposed language. It was recommended to clarify the standards for preauthorization and consideration should be given to a comprehensive set of provisions dealing with the indemnification of borough officials. A copy of the City of Seward's indemnification section is attached. The motion before the Assembly is to adopt this Ordinance. APPROVAL FOR AGENDA: RECOMMENDED MOTIONS: If you wish to amend it, please move to amend by substitution. If you wish to spend more time on it by considering a comprehensive set of provisions regarding indemnification, please postpone it indefinitely and give direction to staff. AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.24 BOROUGH ATTORNEY BY ADDING SECTION 2.24.040 ALTERNATE COUNSEL WHEREAS, Alaska Statutes allows the Assembly to provide the manner of appointing legal counsel; and WHEREAS, KIBC 2.24.020 states the Assembly shall appoint the Borough Attorney by Resolution; and WHEREAS, , when their individual actions are being challenged, may need to seek alternate counsel to protect their personal interests; and WHEREAS, any municipal official presented with the possibility of individual liability who chooses to have an alternate counsel and who anticipates that the Kodiak Island Borough should pay the official's attorney fees must discuss the request with the governing body before hiring another attorney; and NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Kodiak Island Borough Code of Ordinances is hereby amended by adding Section 2.24.040 Alternate counsel. Chapter 2.24 Sections: 2.24.010 2.24.020 2.24.030 2.24.040 Kodiak Island Borough Borough attorney. Procedure for appointment. Service and removal. Alternate counsel. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -21 BOROUGH ATTORNEY Introduced by: Assembly Member Branson Requested by: Assembly Member Branson Drafted by: Borough Atty/Clerk Introduced: 06/05/2008 Public Hearing: 06/19/2008 Postponed: 08/07/2008 Postponed: 09/18/2008 Adopted: 2.24.010 Borough attorney. Because the borough may sue and be sued and may enter into legal agreements, the assembly may retain legal counsel to act on the borough's behalf and to be recognized as the attorney. Ordinance No. FY2008 -21 Page 1 of 2 2.24.020 Procedure for appointment. The assembly shall appoint the attorney by resolution. 2.24.030 Service and removal. The attorney shall serve at the pleasure of the assembly and may be removed by order of the assembly. 2.24.040 Alternate Counsel. An . _ _ _ _ ' _ _ . resented with the •ossibilit of .ersonal Iiabilit has a ri•ht to choose an alternate counsel other than the Borough attorney. Payment of fees for an alternate counsel must be preauthorized by a resolution of the Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Kodiak Island Borough Ordinance No. FY2008 -21 Page 2 of 2 CITY OF SEWARD Chapter 2.35. Indemnification 2.35.010. Definitions. 2.35.015. Indemnification. 2.35.020. Exclusions. 2.35.025. Determination of exclusion. 2.35.030. Conditions to indemnification and defense. 2.35.035. Cooperation in defense and settlement. 2.35.040. Control of defense. 2.35.045. Discretion to compromise or settle. 2.35.050. Payment of defense costs. 2.35.055. Effect of city's assumption of obligations. 2.35.060. Reimbursement of expenses. 2.35.065. Pending claims. 2.35.010. Definitions. As used in this chapter: (a) Claim means any claim, demand, administrative proceeding, arbitration or lawsuit. (b) Employee means any individual who currently serves, or in the past has served, as any of the following: (1) An officer of the city, as defined in section 2.1 of the Charter. (2) An appointed member of any city board, commission or committee. (3) An employee of the city. (c) Employment means rendering services to the city as an employee. (Ord. 93 -11) 2.35.015. Indemnification. Subject to the conditions and limitations set forth in this chapter, the city shall defend, indemnify and hold harmless an employee against any claim resulting from any conduct, act or omission of such employee within the scope of employment by the city. (Ord. 93 -11) 2.35.020. Exclusions. (a) The city's obligations under section 2.35.015 shall not apply to any claim against an employee: (1) Based upon the gross negligence, willful misconduct, or dishonest, fraudulent or criminal conduct, of the employee; or (2) By or on behalf of the city, including without limitation any action initiated by the city under title 3 of this code. (b) The obligations of the city under section 2.35.015 shall not apply to the extent that the employee is indemnified or defended under: (1) A policy of insurance provided by or on behalf of the city; or (2) An agreement between the city and a third party. (c) Nothing in subsection (a) of this section shall limit the coverage of any policy of insurance or agreement between the city and a third party that otherwise would provide for the indemnification or defense of an employee. (Ord. 93 -11) 2.35.025. Determination of exclusion. The city attorney, or an attorney designated by the council, shall determine whether the city's obligations under section 2.35.015 apply to a claim against an employee. There shall be no appeal from such determination, except to the superior court by an action for declaratory judgment. (Ord. 93 -11) 2.35.030. Conditions to indemnification and defense. The city's obligations under section 2.35.015 shall not apply to any claim against an employee where the employee fails or refuses to comply with any of the conditions in sections 2.35.035 through 2.35.045. (Ord. 93 -11) 2.35.035. Cooperation in defense and settlement. The employee shall cooperate in the defense and settlement of the claim, including without limitation: (a) Promptly giving the city attorney written notice of any incident potentially giving rise to a claim against the employee, which notice shall identify the employee and provide all information concerning the incident known to the employee, including without limitation the date, time, place and circumstances of the incident, the names and addresses of all persons allegedly injured or otherwise damaged thereby, and the names and addresses of all witnesses; (b) Forthwith delivering to the city attorney any claim, demand, notice, summons or other process received by the employee and relating to the claim; (c) Cooperating with the city attorney or attorney designated by the council in defending the claim, including without limitation attending interviews, depositions, hearings and trials, responding to discovery requests, and assisting in securing and giving evidence and obtaining attendance of witnesses; (d) Assisting the city in recovering any award for subrogation, contribution or indemnity against any third person that may arise from the claim from which the city indemnifies or defends the employee. (Ord. 93 -11) 2.35.040. Control of defense. The city shall have the sole right to control the defense and settlement of the claim. Defense of the claim shall be provided by the city attorney or other attorney designated by the council to represent the city with respect to the claim; provided that where conflict of interest between the city and the employee would cause that representation to violate applicable rules of professional conduct, the employee may select other counsel subject to the city's reasonable approval. (Ord. 93 -11) 2.35.045. Discretion to compromise or settle. The city may, in its sole discretion, and without the consent or participation of the employee, compromise or settle the claim on any terms that impose no legal or financial obligation upon the employee. (Ord. 93 -11) 2.35.050. Payment of defense costs. (a) Where the employee selects counsel as permitted under section 2.35.040, the city shall pay the reasonable fees and costs of such counsel for defense of the employee. (b) Except as provided in subsection (a) of this section, after notice by the city to an employee of the city's assumption of the obligation under section 2.35.015 to indemnify and defend the employee with respect to a claim, the city shall not be liable to the employee for any legal or other expenses subsequently incurred by the employee in defending against the claim. (Ord. 93 -11) 2.35.055. Effect of city's assumption of obligations. (a) No assumption by the city of the indemnification of defense of a claim against an employee shall be construed as a waiver by the city of any right under this chapter, including without limitation the right to determine that the claim, or any part thereof, is excluded under section 2.35.020, or that the employee breached any conditions or duties owed to the city under this chapter. (b) No assumption by the city of the indemnification or defense of a claim against an employee shall preclude the city from taking any disciplinary or other employment action with respect to the employee under title 3 of this code. (Ord. 93 -11) 2.35.060. Reimbursement of expenses. If the city attorney or other attorney designated by the council under section 2.35.040 determines that the city's obligations under section 2.35.015 do not apply to a claim against an employee, and a court of competent jurisdiction later determines the obligations of the city under section 2.35.015 do apply to that claim, then the city will pay any judgment on the claim rendered against the employee and reasonable attorney's fees incurred by the employee in defending against the claim. Nothing in this chapter authorizes an award against the city of attorney's fees or costs incurred by an employee in obtaining a determination that the city's obligations under section 2.35.015 apply to a claim. (Ord. 93 -11) 2.35.065. Pending claims. The provisions of this chapter shall apply to any claim against an employee now pending or hereafter presented or filed, irrespective of the date of the events or circumstances which are the basis of the claim. (Ord. 93 -11) kL I L kCfYC &h R 11 Dv 6r) B , hn LI re Kti jj.ctk -I-s 1_0 3eant e Crar Sco-n p so VY\ t ' ?Col BC - eCt_IC f )(Lo B 9 - - aect..wn ck 1-- CI i (rd H, Wcodla-r)d Loc s Z a_c. KcAr "V) <3 Lo 5 - n i (r) o is icon - 5-e_8_ con breo_i*KaL A ss o CK:H Or> ck Pre-5 J,ent — Vet -er - CJC0 5e,cre +co- — 13 r ya-) rftsLyy) b-ex 11/4 Meuj- Ckc kr Kcd-hy Liar) L 1-- Z wt-- r,L.. Le, 863 3. e v 'Bed and f ct e your b r, - Dar n 'j3k-ec.1(1 ;Mk n Lxj vnCL LeA or)(s4 _ Ro corl. n P0,-s (x9 skak Koler A ccory,odcdions (v- J_Q-r H-D u se br 6,k csa5 (t.\ In n5 r bcc afvrovo-1 Ens L) 2_. Ken r P6 cer ['CD Ci(t. I S Or - arerti ( -_, C 0 -S+ A3SOC_k •)-- Phoicuz dl cAA 0—Q UiQ CO-Ym paSS iAk +2) fy\z_yy-- r S C -- Or\k G; 1 ekk v\s D ' tS "PCAND rc j, r\-.P. T-E:LCk_r D pko r\k_ CAA OL-VT D 15 1 iry44,-) 4 ' 13 no (-)(-) Brock.u sef Lif de. !f an pCi cS SPDO C De,.es e_b al .1- To.-C-o.1 3bOOk U u3e z_L orl and ryrs4de A r HS% n Ac-) e r -travel 5CC:1 0 h S M0 2_1 ru N6 In AlasKa Majazt rva t\ tpos Kodiak )S/ad Vs i LA_ ea eie(k..1 0, ° in ce-) rc,Lde Shvt.A.i n(7) rkk_ m datk has o d Et( ope( m e +, 11- I s C yeti: a_ 4.- vuL vir Lkx_ 18 +Luc, 4-eretili r _ c f(t : c-fe&c:1,- OL1I i sland uvri-a pc - t - c; sc-nd re-Gcni" cfcd SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 18, 2008 REGULAR MEETING ITEM NO: 12.B TITLE: Resolution No. FY2009 -03 Approving Fiscal Year 2009 Support to the Kodiak Island Bed and Breakfast Association. This resolution will allocate part of the bed tax proceeds to the Kodiak Island Bed and Breakfast Association for it to market the bed and breakfasts located within the Kodiak Island Borough. This was postponed from the July 17, 2008 meeting. The Assembly should discuss the amount that will be budgeted and transferred to this Association. Amount will be inserted in the "Now, Therefore" section of the Resolution. _ le__ FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -03. A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPROVING FISCAL YEAR 2009 SUPPORT TO THE KODIAK ISLAND BED AND BREAKFAST ASSOCIATION WHEREAS, the tourism industry has become an important segment in the Kodiak economy; and WHEREAS, bed and breakfasts make up a significant portion of our tourist industry; and WHEREAS, transient accommodation taxes are budgeted at $70,000 in FY2009; and WHEREAS, by advertising the bed and breakfasts in Kodiak will bring in even more tourism revenue; and WHEREAS, there is $15,980 available in the tourism development fund; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that will be budgeted and transferred to the Kodiak Island Bed and Breakfast Association to be used to promote tourism in Kodiak. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH RESOLUTION NO. FY2009 -03 Introduced by: Manager Gifford Requested by: Assembly Drafted by: Finance Director Introduced: 07/17/2008 Postponed: 09/18/2008 Adopted: KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Resolution No. FY2009 -03 Page 1 of 1 TITLE: Contract No. FY2009 -05 Providence Kodiak Island Counseling Services to KIB School District for School Year 2008 -2009. SUMMARY: Attached is the agreement between the Kodiak Island Borough and Providence Kodiak Island Counseling Center ( "Contractor") setting forth the terms and conditions pursuant to the contractor providing mental health services for the Kodiak Island Borough schools. The contractor has worked with the School District to identify and document a mutual understanding of the program's scope and requirements with a focus on ensuring the greatest amount of quality service within the budgeted amount of $381,350. FISCAL NOTES: Account No.: 100 - 180 - 430 -165 Amount Budgeted: $381,350 Expenditure Required: $381,350 APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 18, 2008 REGULAR MEETING i e-r 4 e 4 ITEM NO: 13.A.1 RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2009- 05 with Providence Kodiak Island Counseling Center of Kodiak, Alaska for school year 2008- 2009 in an amount not to exceed $381,350. MENTAL HEALTH SERVICES Cu *of t 9 THIS AGREEMENT is entered into by and between the Kodiak Island Borough, Alaska ( "Borough ") and Providence Health System Washington dba Providence Kodiak Island Counseling Center. ( "Contractor ") for the purpose of setting forth terms and conditions pursuant to which the Contractor shall be contracted to provide mental health services. WITNES SETH Section 1. INTENT OF AGREEMENT. The Contractor is hereby contracted to provide a Mental Health in the Schools Program as described in the attached annual collaborative plan and fulfill all of the mental health services required by funded grants through the State of Alaska Department of Health and Social Services for community mental health program services. Contractor agrees to be bound by the same collaborative plans and grants. Section 2. SCOPE OF WORK. During Fiscal Year 2009, the Contractor shall provide the staffing required to deliver the services specified in the mental health in the schools collaborative plan and the grants from the State of Alaska. The Contractor will complete all documentation, billing and reporting as specified. The Contractor shall submit a monthly activity report of all activities of the Contractor by the 10 day following the end of each month to the Borough Manager and the School District Superintendent. Futhermore, the Contractor shall provide financial summaries to the Administrative Service Review Team meetings to be held quarterly beginning in calendar year 2008 as mutually agreed to by all parties. Section 3. TERM. Unless earlier terminated, this agreement will remain in effect beginning July 1, 2008 and ending June 30, 2009. This agreement will correspond with the 'Lease Agreement currently in effect between the Kodiak Island Borough and Providence Health System - Alaska. At any time either the Borough or the Contractor may terminate this agreement by 30 days written notice to the other party. This agreement shall terminate 30 days from the notice if either party gives a written notice of its desire to reopen negotiations to the other party. This agreement shall terminate 30days from the date of such notice without further action by either party and shall be of no further force and effect other than to perform any obligation incurred but not paid prior to termination. However, this agreement will not terminate 30 days from the notice if either party gives a written notice of its desire to reopen negotiations to the other party. If this notice is given before 30 days have passed after a written termination notice has been given, the running of those 30 days shall be tolled for 60 days. During this 60 -day period, the parties will negotiate in good faith. This agreement shall remain fully in force during the 60 -day negotiation period. If the issue has not been resolved to the satisfaction of both parties by the end of the 60 -day period, then the 30 -day termination period, if applicable, will begin running again from where it stopped. Section 4. COMPENSATION. Compensation for all services rendered under this agreement, Contractor shall be paid quarterly in 4 equal installments beginning on October 1, 2008 of $95,337.50 for a total fiscal year 2009 contract amount of $381,350. IN WITNESSETH WHEREOF the parties have executed this Agreement on this 5th day of June 2007. KODIAK ISLAND BOROUGH Rick Gifford, Borough Manager ATTEST: Borough Clerk Providence Health System - Washington, dba Providence Kodiak Counseling Center ` 1 P � - • Representat KODIAK ISLAND BOROUGH SCHOOL DISTRICT/PROVIDENCE KODIAK ISLAND COUNSELING CENTER/KODIAK ISLAND BOROUGH SCOPE OF SERVICES FOR THE SCHOOL CLINICIAN PROGRAM FOR THE 2008 -2009 SCHOOL YEAR The Kodiak Island School District (KIBSD), Providence Kodiak Island Counseling Center (PKICC) and the Kodiak Island Borough (KIB) work together in a trilateral agreement to provide school based mental health services. The School Clinician Program funding is appropriated by the Kodiak Island Borough and is reflected as an in -kind budget agreement between tiie KIBSD and the KIB. Funds for School Clinician Program services are provided to PKICC through a monthly budgetary process. The purpose of this program is to provide quality mental health services to the town and rural schools of KIBSD. Services are generally offered in the schools but also may occur in a variety of settings based on a treatment plan developed to meet the emotional needs of individual students. Services include: SERVICES 1. Mental Health counseling for students, including individual, family, and group counseling as needed, with prioritized services to students with IEP recommendations. 2. Private school students on IEP's may receive mental health services recommender' by the IEP team in the public school setting. 3. Consultation with teachers, counselors, school psychologists, and school administrators (bi- monthly meeting with all KIBSD School Psychologists, Counselors and Administrators) 4. Assistance in the development of behavioral management strategies for identified students (PKICC School Clinicians will develop treatment plans for each student seen addressing behavioral concerns). 5. Assistance in referral of identified students to appropriate community resources. 6. Topic focused psycho educational classes and groups. 7. Crisis intervention services for acutely distressed or suicidal students. 8. At the request of KIBSD principal /staff, PKICC School Program Team Leader will initiate CISM (Critical Incident Stress Management) services. 9. Psychiatric evaluation services will be provided for up to 3 hours per month as part of the scope of services agreement. 10. PKICC Clinician will be available during summer school. 11. Staff training will be available during teacher in- service week and at the request of the Principal or Administrative Staff. 12. A minimum of one parent workshop /training will be available during the year. COLLABORATION PKICC will work with KIBSD to provide an integrated approach in the treatment of Kodiak Island Borough students and families utilizing the skill and expertise of School Clinicians as well as other PKICC staff when needed to provide support and quality mental health care. This includes services by the PKICC Clinical Director /Board Certified Psychiatrist, other multi - disciplinary team members, and the PKICC Director. To foster good communication and collaboration between KIBSD and PKICC, a core group representing administrative and counseling staff will meet bi- monthly throughout the year. STAFFING The School Clinician Program will be staffed with four Clinician 1 FTE's providing direct service within the schools and .3 FTE for supervision by a licensed professional counselor or social worker. Staff assignments will include one FTE in the High School, one FTE in the Middle School, two FTE's in the Elementary Schools. Each staff member will have one or more village responsibilities. Changes in staff assignments will be discussed with the KIBSD Director of Special Service. In the event of a need to hire new staff, PKICC will invite a representative from KIBSD to participate in an interview panel. KIBSD will choose their own representative. In the school year, PKICC Clinicians will travel to village schools as designated by KIBSD Superintendent. Each visit will provide at least one school day of service to students and staff with no more than 9 visits per year per village. To facilitate collaboration and increase support for village school staff PKICC Clinicians will initiate regular e -mail communication with designated village school staff and stricture their schedules to allow for support. PKICC Clinicians will also participate in teleconference meetings with village school staff as scheduled by both KIBSD and KANA. Unfilled positions or leave of more than 10 consecutive school days will be discussed with the KIBSD and additional staff within PKICC will be appointed to provide coverage for the caseload. If additional staff is not immediately available within PKICC, the center will advertise for a short-term or long -term position. PKICC will provide monthly service reports that detail the number of service days provided by each School Clinician to the village and town schools. Specific dates for leave of absence or unfilled positions will be provided as well. These reports will be due by the 10th of each month and will be provided to the KIBSD and the KIB. CLINICIAN I JOB CLASSIFICATIONS AND DEFINITIONS Clinical position providing mental health services to children, adolescents and adults. PKICC School Clinicians are responsible for referring a child or family to a higher level of care when needed. Provides crisis and emergency services as necessary. PKICC School Clinicians are supervised by a licensed clinician. Is responsible for taking calls for emergencies on a rotating basis. All Clinician I staff are supervised by a Master's level licensed supervisor (School Program Team Leader). School Program Team Leader is directly supervised by the PKICC Clinical Director. SCHOOL CLINICIAN PROGRAM TEAM LEADER Manages School Program, supervises school clinicians, and ensures program provided services consistent with the accepted best practice mental health practices. Member of agency's Management Team. Provides direct clinical services and emergency on -call coverage on a rotating basis. PSYCHIATRIST (Clinical Director) The Clinical Director supervises all clinical activities of the Providence Kodiak Island Counseling Center. The Clinical Director also assists with the management of all program activities and operations in partnership with the Director. Consults with the Director on all Center activities and functions. As a member of the Center's management team, is responsible for coordination of clinical mental health services and is capable of acting both independently and interdependently as responsibilities dictate. Provides complex, high -level mental health services as appropriate to professional credential and Center needs, including crisis and emergency services to adults, adolescents, and children. Supervises, evaluates, and coordinates activities of clinical personnel engaged in providing mental health services throughout the Counseling Center, managing all clinical services within accepted standards of mental health practice. PKICC DIRECTOR The Director supervises all administrative activities of the Providence Kodiak Island counseling Center. Plans operations and coordinates with Team Leaders; Consults with the Clinical Director on all Center activities and functions. Resolves conflict between groups and individuals. Analyzes and evaluates staffing, goals and objectives, budgets, financial strategies, and operating functions. Welby J- • • , 7 .D., Clinical Director Providence KO' • iak Island Counseling Center Melanie Nelson, Director Providence Kodiak Island Counseling Center Rick Gifford, Borough Manager Kodiak Island Borough REFERRAL SERVICES Services provided in the school setting will be predominantly psycho educational or behavioral in nature. Parent or guardians written permission is necessary for a child to receive counseling services in school. Students with a significant psychiatric disorder, or those who may be appropriate to receive, or are already receiving, therapeutic services will be referred to PKICC or another appropriate agency or private practice. Counseling services provided by PKICC staff other that the school based counselors, are not a provision of this agreement. Families will make both clinical and financial arrangements directly with PKICC. Providence Kodiak Island Counseling Center will bill individual insurance companies and /or families as appropriate and will provide a Sliding Scale Fee Program to qualify referred clients. PKICC School Clinicians, KIBSD school staff, agency provider, and private practice individuals will work collaboratively in the best interest of the student and family. Stewart M onald, upe ent o . is c sland Boro gh School District ' i6ao 014.41Avc Heather Martens, Director Special Services Kodiak Island Borough School District MaryMrthy, /, Supervisor LPP— School Program, Providence Kodiak Island Counseling Center TITLE: Resolution No. FY2009 -05 Authorizing the Approval of Lease Regarding the Women's Bay Fire Hall Apartment. SUMMARY: Kodiak Island Borough Code 18.40.020 Negotiated leases requires approval by the Assembly of specific leases. The amount charged to Mr. and Mrs. Frost has been discussed and approved by the Women's Bay Fire Protection District at their June 3, 2008 meeting; and Mr. Frost is a volunteer with the Women's Bay Fire Department. FISCAL NOTES: Account No.: N/A Amount Budgeted: N/A Expenditure Required: N/A APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 18, 2008 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -05. ITEM NO. 13.B.1 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2009 -05 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Finance Director Introduced: 09/18/2008 Adopted: AN RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING THE APPROVAL OF LEASE REGARDING THE WOMEN'S BAY FIRE HALL APARTMENT WHEREAS, Kodiak Island Borough Code 18.40.020 Negotiated leases requires approval by the Assembly of specific leases; and WHEREAS, the amount charged to Mr. Roger Frost and Mrs. Robin Frost has been discussed and approved by the Women's Bay Fire Protection District at their June 3, 2008 meeting; and WHEREAS, Mr. Frost is a volunteer with the Women's Bay Fire Department; and NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Borough Manager is hereby authorized to sign the lease on behalf of the Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Kodiak Island Borough Resolution No. FY2009 -05 Page 1 of 1 THIS LEASE AGREEMENT is made this first day of August, 2008 by and between THE KODIAK ISLAND BOROUGH, a borough organized under the laws of the state of Alaska, hereinafter called Landlord, and Roger and Robin Frost, hereinafter called Tenant. For and in consideration of the covenants, rents and demises, and upon the terms and conditions hereinafter set forth, the parties agree as follows: 1. Premises. Landlord, for and in consideration of the rents, covenants and conditions hereinafter specified to be paid, performed and observed by Tenant, does hereby let, lease and demise to Tenant the improved real estate particularly described as follows: Page 1 of 12 LEASE AGREEMENT Certain residence space of a two bedroom apartment situated on the second floor of the Women's Bay Fire hall located at 538 Sargent Creek Drive on the following described real property: Lot Two, Block 2A (2 -2A), Kodiak Recording District, Third Judicial District, State of Alaska Tenant, upon paying the rents, and performing all of the terms and covenants on this part to be performed, shall peaceably and quietly enjoy the leased premises subject nevertheless, to the terms of this lease, and to any deed of trust or mortgage to which this lease is subordinated. 2. Term of Lease. The term of the lease shall be for the period of one year (1) following the commencement of the term, unless sooner terminated as hereinafter provided. The term of the lease shall commence on August 1, 2008, and shall expire at 5:00 P.M., Alaska Standard Time on July 31, 2009. In the event the foregoing commencement provision results in a commencement date other than on the first day of a calendar month, the rent shall be immediately paid for such initial fractional month prorated on the basis of a thirty (30) day month. This provision can be waived at the request of the tenant to the Womens Bay Fire Protection District representative. Upon expiration of this lease, tenant may continue to occupy the premises on a month -to- month basis if granted approval by the Women's Fire Protection District board no later than thirty (30) days prior to the lease expiration. 3. Rental. In consideration of the demise and leasing of the premises aforesaid by Landlord, the Tenant covenants, stipulates and agrees to pay to the Landlord as rental for said premises hereinabove described the sum of Eleven hundred dollars ($1,100.00) less cleaning offset of forty -nine dollars ($49.00) for a net due of One thousand and fifty -one dollars ($1,051.00) in advance, on or before the first day of each month of the lease term. Cleaning will be of the Women's Bay Fire hall and will be detailed in attachment A per the decision of the Women's Bay Fire Protection District board. All rentals, unless and until otherwise directed in writing by Landlord, shall be paid to the Landlord at 710 Mill Bay Road, Kodiak, Alaska 99615, or at such other place as Landlord may designate from time to time in writing. Tenant(s) shall provide at his expense all other utilities and services used at the leased premises, including phone and cable. Landlord shall not be liable for any loss or damage caused by or resulting form any variation, interruption or failure of said utilities or services, arising from any cause, condition or event; and no variation, interruption or failure of such utilities and services incident to the making of repairs, alterations, or improvements, or arising from any accident, strike, condition, cause or event in whole or in part beyond the reasonable control of Landlord shall be deemed an eviction of Tenant(s) or relieve Tenant(s) from any obligation hereunder. 7. Maintenance and Repairs. Landlord shall, at its expense, maintain and keep in good repair the foundations, exterior walls, roof and other structural portions of the building. Tenant(s) shall, at its expense, maintain the interior of the leased premises at all times in good condition and repair, all in accordance with the laws of the State of Alaska and all directions and regulations of governmental agencies having jurisdiction hereof. Tenant(s) shall commit no waste of any kind in or about the leased premises, and Tenant(s) shall pay for all damage to the building, as well as damage to tenants or occupants hereof, caused by Tenant(s) misuse or neglect of the leased premises, its apparatus or appurtenances. At the expiration of the term hereof, or on the termination of this lease, Tenant(s) shall surrender the leased premises, its apparatus or appurtenances. At the expiration of the term hereof, or on the termination of this lease, Tenant(s) shall surrender the leased premises in good and clean condition, normal wear and tear and damage by fire or other casualty excepted. Landlord shall maintain and repair all plumbing, lines and equipment installed for the general supply of hot and cold water, heat, ventilation and electricity, except that Tenant(s) shall be responsible for any and all maintenance and repairs attributable to obstruction or objects deliberately or inadvertently introduced or placed in the fixtures, lines or equipment by Tenant(s), his employees, agents, licensees or invitees. Landlord shall not be responsible or liable at any time for any loss or damages to Tenant(s) equipment, fixtures or other personal property of Tenant(s) or to Tenant(s) business except to the extent attributable to Landlord's negligence. Landlord shall not be responsible or liable to Tenant(s) or to those claiming by, through or under Tenant(s) for any loss or damages to either the person or property of Tenant(s) that may be occasioned by or through the acts or omissions of persons occupying other portions of the building. Landlord shall not be responsible or liable for any defect, latent or otherwise, in the building in which the leased premises is situated, or any of the equipment, machinery, utilities, appliances or apparatus therein nor shall it be responsible or liable for any injury, loss or damage to any person or to any property of Tenant(s) or other person caused by or resulting from bursting, breakage or by or from leakage, stream or snow or ice, running or the overflow of water or sewerage in any part of said leased premises, the building, or the surrounding area, or for any injury or damage caused by or resulting from acts of nature or the elements, or for any injury or damage caused by or resulting from any defect in the occupancy, construction, operation or use of any of said leased premises, building, machinery, apparatus or equipment by any person or by or from the acts or negligence of any occupant of the premises, unless Landlord itself is negligent. Page 3 of 12 Restoration or repair work conducted in the common areas, in areas of the building unleased, or leased to other tenants, or the noise or interference arising therefrom, shall not be deemed an eviction of Tenant(s), or a breach of this lease, but Tenant(s), or a breach of this lease but Tenant(s) obligation to pay rent shall be abated during such period of time as Tenant(s) is unable to conduct business at the leased premises by reason of actual physical interference with use of the leased premises as a result of such restoration or repair work. 9. Subletting and Assignment. Tenant(s) shall not sublet the leased premises, or any part thereof, or assign this lease or any part thereof, nor shall this lease be assigned in whole or in part by operation of law or through any court proceedings, without the prior written consent of Landlord to such subletting or assigning; any such assignment or sublease without Landlord's written consent shall be void. If Tenant(s) is a corporation, any merger, consolidation, or dissolution to which it is a party, or any change in ownership of a majority of its voting stock outstanding, shall constitute an assignment of this lease for purposes of this paragraph. 10. Indemnification. Tenant(s) agrees to protect, defend, indemnify and save harmless Landlord from and against any and all claims (no matter how meritless) demands, and causes of action of any nature whatsoever, and any expenses incident to defense of and by Landlord therefrom, for injury to or death of persons or loss of or damage to property occurring on the leased premises, or in any manner arising out of Tenant(s) use and occupation of said premises, or the condition thereof, during the term of this lease. Tenant(s) shall procure and maintain renter's insurance coverage. Said renter's insurance shall include liability coverage of one hundred thousand dollars ($100,000.00) to protect tenant and landlord for any potential lawsuits. Such policy or policies shall be written by a responsible insurance company or companies satisfactory to Landlord. Upon the signing of this Agreement, certificates of insurance showing compliance with the foregoing requirements shall be furnished by Tenant(s) to Landlord for approval. Certificates shall state that the policy or policies will not be canceled or altered without at least thirty (30) days, prior written notice to Landlord. Maintenance of such insurance and the performance by Tenant(s) of the obligation under this paragraph shall not relieve Tenant(s) of liability under this indemnity agreement. 11. Common Areas and Facilities. Landlord shall have the right to construct, maintain and operate lighting and other improvements on all said areas; to change the area, level, location and arrangement for common areas and other facilities and temporarily to close the common areas to effect such changes. All common areas and facilities which Tenant(s) may be permitted to use and occupy are to be used and unoccupied under a revocable license, which shall not be unreasonably revoked, and if any such license be revoked or if the amount of such areas be changed or diminished, Landlord shall not be subject to any liability nor shall Tenant(s) be entitled to any compensation or diminution or abatement of rent nor shall revocation or diminution of such areas be deemed constructive or actual eviction. 12. Liens. Tenant(s) will not permit any mechanics', laborers' or material men's liens to stand against the leased premises or improvements for any labor materials furnished to Tenant(s) or claimed to have been furnished to Tenant(s), or to Tenant(s) agents, contractors, or sublessee, in Page 5 of 12 14. Notices. Any and all notices required or permitted under this lease, unless otherwise specified in writing by the party whose address is changed, shall be mailed, certified or registered mail, or delivered, to the following addresses: LANDLORD: Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Page 7of12 equipment, either with process of law or through any form of suit or proceeding, as well as the right to sue for and recover all rents and other sums accrued up to the time of such termination, and damages for rent not then accrued. Landlord shall also have the right, without resuming possession of the premises or terminating this lease, to sue for and recover all rents and other sums, including damages, at any time and from time to time accruing hereunder. TENANTS: Roger & Robin Frost 538 Sargent Creek Road Apartment A Kodiak, Alaska 99615 Any such notices shall be deemed effective on the date of mailing or delivery. 15. Costs Upon Default. In the event either party shall be in default in the performance of any of its obligations under this lease or an action shall be brought for the enforcement thereof, the defaulting party shall pay to the other all the expenses incurred therefor, including a reasonable attorney's fee. In the event either party shall without fault on its part be made a party to any litigation commenced by or against the other, then such other party shall pay all costs and reasonable attorney's fees incurred or paid by such party in connection with such litigation. 16. Rights or Remedies. Except insofar as this is inconsistent with or contrary to any provision of this lease, no right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity or by statute. 17. Waiver and Forbearance. Except to the extent that Landlord may have otherwise agreed in writing, no waiver by Landlord of any breach by Tenant(s) of any of its obligations, agreements or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or any other covenant, agreement or obligation. Nor shall any forbearance by Landlord to seek a remedy for any breach of Tenant(s) be deemed a waiver by Landlord of its rights or remedies with respect to such breach. 18. Inspection. Landlord shall at all reasonable times during Tenant(s) business hours have access to the premises for the purpose of inspection. Landlord shall also be entitled to put "to lease" or "for lease" signs in and about the leased premises, and to show the leased premises to prospective tenants, during the last sixty (60) days of the lease term and any extended term, and 27. Security Deposit. An essential inducement to Landlord from Tenant(s) for this lease is a security deposit by Tenant(s) in the amount of Five hundred and fifty dollars ($550.00), receipt of which by Landlord is hereby acknowledged and paid in advance of occupation of said premises. Said deposit for security is for the full and faithful performance by the Tenant(s) of all the covenants and terms of this lease required to be performed by Tenant(s). Such deposit shall be held in a separate liability account in the Women's Bay Volunteer Fire Department asset account (252- 229 -100 called Customer Deposits) and will be accounted for by the Kodiak Island Borough. The deposit will be returned if the Tenant(s) has fully and faithfully carried out all of its covenants and terms. If Tenant(s) does not fully and faithfully perform the covenants and terms of this lease, Landlord may apply the aforementioned security deposit against damages resulting from breaches of Tenant(s). In the event all or part of the security deposit is so applied, Tenant(s) shall, upon demand, promptly pay to Landlord such amount as may be necessary to replenish the security deposit to its original amount. If the Tenant(s) has a pet in the apartment an additional non - refundable payment shall be made of One hundred and fifty dollars ($150.00). In the event of a bona fide sale of the property of which the leased premises are a part, the Landlord shall have the right to transfer such security deposit to purchaser to be held under the terms of this lease, and, in that event, the Landlord shall be released from all liability for the return of such security deposit to the Tenant(s). The Tenant(s) may not assign or encumber the money deposited as security, and neither the Landlord nor its successors or assigns shall be bound by any such assignment or encumbrances. 29. Condemnation. If the Leased Premises shall be taken or condemned for any public purpose to such an extent as to render the Leased Premises untenantable, this Lease Agreement shall, at the option of either party, cease and terminate as of the date when possession is taken. All proceeds from any taking or condemnation of the Leased Premises shall belong to and be paid to Landlord, and Tenant(s) shall have no right to any portion of the amount that may be awarded or paid to Landlord as a result of such taking. Tenant(s) shall be entitled to pursue any and all damages from the condemner personal to Tenant resulting from condemnation. 30. Subordination and Nondisturbance. This lease and all of the rights of Tenant(s) hereunder are and shall be subject and subordinate to the lien of every deed of trust and every mortgage now or hereafter placed on the demised premises or any part thereof (except the property of Tenant(s) and others stated to be removable under paragraph 4 of this lease), and to any and all renewals, modifications, consolidations, replacements, extensions or substitutions of any such mortgage or deed of trust ( "encumbrances "). Page 9of12 ATTEST: IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of , 2008 TENANTS: Borough Clerk, Nova Javier Page 11 of 12 Roger Frost Robin Frost David Conrad LANDLORD: THE KODIAK ISLAND BOROUGH WOMENS BAY FIRE PROTECTION DISTRICT: Borough Manager, Rick Gifford TITLE: SUMMARY: FISCAL NOTES: Account No.: NA Amount Budgeted: NA Expenditure Required: NA APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 18, 2008 REGULAR MEETING ITEM NO: 13.8.2 Resolution No. FY2009 -06 Adopting a State Legislative Capital Improvement Projects Priority List for the 2009 Legislative Session. This resolution compiles the list of legislative capital improvement priority projects for the Kodiak Island Borough for the 2009 Legislative session. It is important to have this list completed early, so that projects may be considered by the different state agencies and hopefully, be included in the Governor's Capital Budget. This list will be forwarded to our legislative delegation, the governor and any state agencies that would have oversight and /or involvement in the project. Included with this memo is a copy of last year's legislative priority list. This year's list is still being drafted and will be provided before the work session. RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -06. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -07 Introduced by: Manager Gifford Requested by: Assembly Drafted by: CDD Director Cassidy Introduced: 09/20/2007 Amended: 09/20/2007 Adopted: 09/20/2007 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2008 LEGISLATIVE SESSION WHEREAS, The Kodiak Island Borough represents approximately 15,000 residents of the Kodiak Island Archipelago living in six (6) incorporated cities and one community governed by a tribal council government; and WHEREAS, a Borough — wide state legislative capital improvement program has been adopted by the Kodiak Island Borough Assembly that identifies the major needs of the island community for the next five (5) years; and WHEREAS, the Kodiak Island Borough has identified major projects to submit to the Alaska State Legislative Delegation for funding consideration; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's State Legislative capital improvement project priorities for the 2008 legislative session are as follows: 1. Kodiak Island Borough School Seismic Vulnerability Upgrades Total cost for the project: $4,463,711 State funding request: $1,815,000 Kodiak School facilities have been examined for their ability to withstand earthquakes that occur frequently in Kodiak. A structural engineering firm was contracted to perform the calculations and review potential ground motions and determine how these buildings would respond to ground shaking. Many of the buildings have been found to be deficient, but with seismic retrofitting and a benefit/cost analysis that demonstrates that these upgrades are cost efficient, these community facilities can have an extended useful life. The dollar figure associated with this requests is derived by taking the total cost of the projects identified in the engineering study; adds the increase in building cost escalation; then subtracts the amount of total federal and state grants that the Borough has received to date for these projects as well as the local Borough contribution to these grants and general fund contribution. 2. Kodiak Near Island AD &FG Building and Research Facility Total cost for the project: $13,200,000 State funding request: $3,650,000 Locating a new Alaska Department of Fish and Game building on Near Island and adjacent to its federal research facility counterpart will have many obvious advantages; information sharing is just one. But the real justification for a new state research facility is the shortcomings found in the existing ADF &G building constructed in 1973. These deficiencies have been identified in the ASCG "Condition Survey" study of the existing building performed in 2002. A second "Needs Assessment" report demonstrated that there is a need for additional research and administrative space (approximately 60% Kodiak Island Borough Page 1 of 4 more), which includes basic lab space (which has been turned into office space in the existing building. Though the cost of construction of a new facility is estimated to be over $13,200,000, KIB is requesting 50% of that amount from the Exxon Valdez Oil Spill (EVOS) Trustee Council. That request is associated with the "research" portion of the facility. The Borough will revenue bond the amount above and beyond what has been acquired through state legislative appropriations and federal sources. The Borough has received $2,950,000 in state appropriations. 3. Feasibility Study of an Island -Wide Comprehensive Transportation System Total cost for the project: $250,000 State funding request: $250,000 This feasibility study will examine the comprehensive need for an island -wide air, road, and marine transportation system including rural ferry service. This important study will examine the current infrastructure found around the island and make recommendations for logical development. Infrastructure improvements are important in developing private enterprise and making many of these communities sustainable. These rural transportation services can be an extension of and connecting to existing air and ferry service based in the Kodiak community. Such a study is of major significance since freight and bulk fuel delivery companies have recently ended service to villages on Kodiak Island. 4. Womens Bay Emergency Shelter Total cost for the project: $700,000 State funding request. $700,000 There is no emergency shelter in the Womens Bay community. Womens Bay is located 8 miles from town and 2 miles from the USGC Support Center. Should there be a tsunami that destroys the roads, or a rock slide at Womens Mountain or Pillar Mountain, 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. A proposed 2,500 square foot addition with an emergency generator is proposed. 5. Emergency Generators for Schools /Emergency Shelters Total cost for the project: $1,593,000 State funding request. $1,593,000 Many of our in -town and village school facilites act as emergency shelters during extreme weather events or during times of natural or economic catastrophes. There is a need to equip these school facilites with emergency generators to provide power for sheltering needs and as back -up power during short term loss of electricity. These generators will be housed permanently at these school facilities and become part of the building. Located at these sites, they can be tested and operated and maintained as part of the service to the overall school building. 6. East Elementary Traffic Flow Improvements Total cost for project: $495,000 State funding request. $495,000 Design and reconfiguration of the existing parking area will provide for a safer separation of pedestrians, small vehicle traffic and bus loading and unloading as well as reduce risks. A new design will require an increase in the total area of the parking lot to allow adequate parking to support increased building usage and occupant Toad. Kodiak Island Borough Page 2 of 4 7. Service Area Paving Total cost for the project: $4,000,000 State funding request. $2,500,000 This project would address the need to pave portions of the service area either main thoroughfares or busy neighborhood roads. Along with the paving or roads would come improvements to major drainage course that runs through these areas. Paving service area roads eliminates poor air quality experienced by the neighborhood because Kodiak road construction material breaks down easily into fine air borne dust and volcanic ash. Kodiak is at the right temperature for daily freeze of road bed material that promotes major maintenance issues with the development of pot holes. Residents located within the paving area will contribute through a local improvement district a percentage of the engineering and improvement costs. Due to the high cost of asphalt, the Borough is seeking the state's financial assistance to help to reduce the cost to the residents. The Borough's total paving needs exceed the total estimated project costs, therefore projects will be phased in and completed on a priority basis as funding is available. 8. Bayside Volunteer Fire Department Building Addition Total cost for the project: $2,300,000 State funding request. $1,900,000 This proposed multi -use facility will be used for the new fire fighting vehicles recently purchased by the district as well as an emergency shelter during times of need. This Fire Protection Area is the largest on Kodiak serving the majority of the population outside the city limits of the City of Kodiak. The Board of this service area has been setting aside money each budget cycle towards the construction of this addition and will be a major contributor in the financing of this facility. To date that amount is $400,000. 9. Baranof Park Improvements Total cost for the project: $5,000,000 State funding request. $2,500,000 This project will replace the aging track, field drainage, and bleacher area in Baranof Park. The track is the only track located in the Kodiak region. In -field improvements will include a synthetic surface for multi - purpose use and a "D" zone for field events. In addition, a synthetic surface is planned for the second multi - purpose field located in the Park. Baranof Park is a regional recreational facility that serves not only City residents, but the entire region. The park serves as an important educational facility for both Kodiak Middle School and Kodiak High School, neither of which have any other outdoor educational facilities. Improvements to Baranof Park are estimated to cost $5 million, with at least half the cost of these improvements attributed to Kodiak Island Borough School District use of the facility. The City of Kodiak is moving forward with the development of detailed engineering plans and bid specifications for these needed improvements. The community is requesting funding support for half the estimated cost of constructing these important community and school district facilities. 10. PKIMC — Completion of Unfinished Space Total cost for the project: $350,000 State funding request. $350,000 A large area of the basement of the hospital building is presently utilized as storage space. This area can be turned into a needed conference and training room. This is an important need in a facility that is presently at capacity for use. Kodiak Island Borough Page 3 of 4 11. Operating Room and Radiology Expansion and Renovation Total cost for the project: $1,961,000 State funding request. $1,961,000 This project would add on space to the north of the hospital in the vicinity of the Operating Room and Radiology Lab. This space would allow for an orthopedic surgeon and permanent location of an MRI. 12. Traffic Safety Lighting - From the City of Kodiak to the Kodiak State Airport. Total cost for the project: $2,500,000 State funding request. $2,500,000 Having a lighted traffic way to the island's major state airport is important. Most Kodiak residents travel to the airport to leave the island, but also to pick up or drop off friends and family. In addition, the U.S. Coast Guard Support Center is located beyond the airport. Many civilians are employed on the military base that travels this dark roadway. Section 2: The Kodiak Island Borough administration is hereby instructed to advise our State of Alaska delegation of the Capital Improvement Projects Priority List adopted by the Kodiak Island Borough Assembly. ATTEST: ADOPTED BY THE THIS Nova M. Javier, CMC, Borough Clerk LY OF THE KODIAK OF SEPTE KODIAK ISLAND BOROUGH e M. Selby, Bor ROUGH Kodiak Island Borough Page 4 of 4 CORRECTED VERSION KODIAK ISLAND BOROUGH RESOLUTION NO. FY2009 -06 Introduced by: Manager Gifford Requested by: KIB Assembly Drafted by: Special Projects Support Christiansen Introduced: 09/18/2008 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2009 LEGISLATIVE SESSION WHEREAS, the Kodiak Island Borough represents approximately 15,000 residents of the Kodiak Island Archipelago living in six incorporated cities and one community governed by a tribal council government; and WHEREAS, a Borough -wide State legislative capital improvement program has been adopted by the Kodiak Island Borough Assembly that identifies the major needs of the island community for the next five years; and WHEREAS, the Kodiak Island Borough has identified major projects to submit to the Alaska State Legislative Delegation for funding consideration; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's State Legislative capital improvement project priorities for the 2009 legislative session are as follows: 1. Kodiak Island Borough School Seismic Vulnerability Upgrades Total cost for the project: $8,175,532 State funding request: $4,623,062 Kodiak School facilities have been examined for their ability to withstand earthquakes that occur frequently in Kodiak. A structural engineering firm was contracted to perform the calculations and review potential ground motions and determine how these buildings would respond to ground shaking. Many of the buildings have been found to be deficient, but with seismic retrofitting and a benefit/cost analysis that demonstrates that these upgrades are cost efficient, these community facilities can have an extended useful life. The facilities included in this funding request include the Kodiak High School Library, Kodiak Middle School, Peterson Elementary School and the Ouzinkie Village School. The total cost of the seismic upgrades for the above schools includes funding from FEMA grants totaling $2,252,470, a legislative grant of $910,000 and local funding Kodiak Island Borough Resolution No. FY2009 -06 Page 1 of 5 CORRECTED VERSION of $390,000 for a grand total of $3,552,470. The Kodiak Island Borough School District has submitted this project funding request of $4,623,062 to DEED as the number one project on their FY10 Six Year Capital Improvement Plan, and if approved, funding would be provided through the DEED Major Maintenance Program. 2. Kodiak AD &FG Research Facility Total cost for the project: $14,600,000 State funding request: $3,110,000 Locating a new Alaska Department of Fish and Game building on Near Island and adjacent to its federal research facility counterpart will have many obvious advantages; information sharing is just one. But the real justification for a new state research facility is the shortcomings found in the existing ADF &G building constructed in 1973. These deficiencies have been identified in the ASCG "Condition Survey" study of the existing building performed in 2002. A second "Needs Assessment" report demonstrated that there is a need for additional research and administrative space (approximately 60% more), which includes basic lab space (which has been turned into office space in the existing building). Though the cost of construction of a new facility is estimated to be over $14,000,000, KIB is requesting $6,540,000 of that amount from the Exxon Valdez Oil Spill (EVOS) Trustee Council. That request is associated with the "research" portion of the facility. State funds in the amount of $4,950,000 have been provided to ADF &G and the Borough for this project. 3. New High School/Vocational Education Total cost for the project: $115,300,000 State funding request: $23,000,000 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. The extra space needed for vocational education causes the entire project to exceed the square foot per student requirement which reduces any State bond reimbursement from 70% to 60% for this project. 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. Kodiak Island Borough Resolution No. FY2009 -06 Page 2 of 5 CORRECTED VERSION 4. New Nursing Home — Planning and Design Total cost for the project: $700,000 State funding request: $700,000 Assessment and Analysis are the first steps necessary foriplanning' the replacement of Kodiak Island's only long term care facility. The current facility is housed in a former hospital wing that was never meant to be a nursing home, presenting space, safety, security, and privacy concerns in an institutional environment. Planning is necessary to determine the needs and financial feasibility of a new facility. 5. Womens Bay Emergency Shelter Total cost for the project: $800,000 State funding request: $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 USGC Support Center. Should there be a tsunami that destroys the roads, or a rock slide at Womens Mountain or Pillar Mountain, 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. A proposed 2,500 square foot addition with an emergency generator is proposed. 6. Emergency Generators for Schools /Emergency Shelters Total cost for the project: .. - • $1,200,000 •` State funding request: °` ' $1, 200,000 Many of our in -town and village school facilities act as emergency shelters during extreme weather events or during times of natural or economic catastrophes. There is a need to equip these school facilities with emergency generators to provide power for sheltering needs and as back -up power during short term loss of electricity. These generators will be housed permanently at the school facilities and become part of the building. Located at these sites, they can be tested, operated and maintained as part of the service to the overall school building. 7. East Elementary Traffic Flow Improvements Total cost for the project: $495,000 State funding request: $495,000 Design and reconfiguration of the existing parking area will reduce risks by providing for a safer separation of pedestrians, small vehicle traffic and bus loading /unloading. A new design will require an increase in the total area of the parking lot to allow adequate parking to support increased building usage and occupant load. Kodiak Island Borough Resolution No. FY2009 -06 Page 3 of 5 CORRECTED VERSION 8. Traffic Safety Lighting (City of Kodiak to United States Coast Guard Base) Total cost for the project: $3,000,000 State funding request: $3,000,000 One road connects the City of Kodiak to the state airport, the U.S. Coast Guard Support Center and neighborhoods located roughly south of town. The stretch of roadway between the city limits and the Coast Guard Base is approximately five miles of dark, two lane winding roadway with an average speed limit of 45 miles per hour. Street lighting is a significant safety concern along this section of road. 9. Service Area Paving Total cost for the project: $4,000,000 State funding request: $2,000,000 This project would address the need to pave portions of the service area either main thoroughfares or busy neighborhood roads. Along with the paving of roads would come improvements to major drainage course that runs through these areas. Paving service area roads eliminates poor air quality experienced by the neighborhood because Kodiak road construction material breaks down easily into fine air borne dust and volcanic ash. Kodiak is at the right temperature for daily freeze of road bed material that promotes major maintenance issues with the development of pot holes. The Borough maintains approximately 25 miles of road within several service areas. Residents located within the paving area will contribute, through a local improvement district, a percentage of the engineering and improvement costs. Due to the high cost of asphalt, the Borough is seeking the state's financial assistance to help to reduce the cost to the residents. The Borough's paving needs exceed the total estimated project budget; therefore projects will be phased in and completed on a priority basis as funding is available. 10. Bayside Volunteer Fire Department Building Addition Total cost for the project: $2,550,000 State funding request: $1,350,000 This proposed mufti-use facility will be used to house fire fighting vehicles recently purchased by the district as well as an emergency shelter during times of need. This Fire Protection Area is the largest on Kodiak serving the majority of the population outside the city limits of the City of Kodiak. The service area board has been setting aside money each budget cycle towards the construction of this addition and will be a major contributor in the financing of this facility. To date that amount is $1,200,000. 11. Baranof Park Improvements Total cost for the project: $6,000,000 State funding request: $3,000,000 This project will replace the track and field drainage and bleacher area in Baranof Park. The track is the only track located in the Kodiak region. In -field improvements will include a synthetic surface for multi - purpose use and a "D" zone for field events. In addition, a synthetic surface is planned for the second multi - purpose field located in the park. Baranof Park is a regional recreational facility that serves not only City residents, Kodiak Island Borough Resolution No. FY2009 -06 Page 4 of 5 CORRECTED VERSION but the entire region. The Park serves as an important educational facility for both the Kodiak Middle School and the Kodiak High School, neither of which have any other outdoor educational facilities. Improvements to Baranof Park are estimated to cost $6 million, with at least half the cost of these improvements attributed to Kodiak Island Borough School District use of the facility. Detailed engineering plans and bid specifications for these needed improvements will be completed this fiscal year. The community is requesting funding support for half the estimated cost of constructing these important community and school district facilities. 12. Rezanof Drive Pavement Rehabilitation and Upgrade Total cost for the project: $10,000,000 State Funding Request: $10,000,000 Funding for this project would repair eight (8) miles of ruts on Rezanof Dr. in order to extend the service life of the existing pavement on this 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 & Public Facilities and is listed as number 29 out of 100 worst reads in Alaska that need repair and no funding has been identified by ADOT &PF to mal'te 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. Section 2: ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 The Kodiak Island Borough administration is hereby instructed to advise our state of Alaska delegation of the Capital Improvement Projects Priority List adopted by the Kodiak Island Borough Assembly. Nova Javie5 CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough Resolution No. FY2009 -06 Page 5 of 5 Kodiak Island Borough Introduced by: Manager Gifford Requested by: KIB Assembly Drafted by: Special Projects Support Christiansen Introduced: 09/18/2008 Adopted: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2009 -06 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2009 LEGISLATIVE SESSION WHEREAS, the Kodiak Island Borough represents approximately 15,000 residents of the Kodiak Island Archipelago living in six incorporated cities and one community governed by a tribal council government; and WHEREAS, a Borough -wide State legislative capital improvement program has been adopted by the Kodiak Island Borough Assembly that identifies the major needs of the island community for the next five years; and WHEREAS, the Kodiak Island Borough has identified major projects to submit to the Alaska State Legislative Delegation for funding consideration; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's State Legislative capital improvement project priorities for the 2009 legislative session are as follows: 1. Kodiak Island Borough School Seismic Vulnerability Upgrades Total cost for the project: State funding request: $8,175,532 Kodiak School facilities have been examined for their ability to withstand earthqua that occur frequently in Kodiak. A structural engineering firm was contracted to perform the calculations and review potential ground motions and determine how these buildings would respond to ground shaking. Many of the buildings have been found to be deficient, but with seismic retrofitting and a benefit/cost analysis that demonstrates that these upgrades are cost efficient, these community facilities can have an extended useful life. The facilities included in this funding request include the Kodiak High School Library, Kodiak Middle School, Peterson Elementary School and the Ouzinkie Village School. The total cost of the seismic upgrades for the above schools includes funding from FEMA grants totaling $2,252,470, a legislative grant of $910,000 and local funding of $390,000 for a grand total of $3,552,470. The Kodiak Island Borough School District has submitted this project funding request of $4,623,062 to DEED as the number one project on their FY10 Six Year Capital Improvement Plan, and if approved, funding would be provided through the DEED Major Maintenance Program. 2 . Kodiak AD &FG Research Facility Total cost for the project: State funding request: $14,600,000 Locating a new Alaska Department of Fish and Game building on Near $3 Island ,000 and adjacent to its federal research facility counterpart will have many obvious advantages; information sharing is just one. But the real justification for a new state research facility is the shortcomings found in the existing ADF &G building constructed in 1973. These deficiencies have been identified in the ASCG "Condition Survey" study of the existing Resolution No. FY2009 -06 Page 1 of 4 building performed in 2002. A second "Needs Assessment" report demonstrated that there is a need for additional research and administrative space (approximately 60% more), which includes basic lab space (which has been turned into office space in the existing building). Though the cost of construction of a new facility is estimated to be over $14,000,000, KIB is requesting $6,540,000 of that amount from the Exxon Valdez Oil Spill (EVOS) Trustee Council. That request is associated with the "research" portion of the facility. State funds in the amount of $4,950,000 have been provided to ADF &G and the Borough for this project. Womens Bay Emergency Shelter Total cost for the project: $800,000 State funding request: $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 USGC Support Center. Should there be a tsunami that destroys the roads, or a rock slide at Womens Mountain or Pillar Mountain, 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. A proposed 2,500 square foot addition with an emergency generator is proposed. Emergency Generators for Schools /Emergency Shelters Total cost for the project: $1,200,000 State funding request: $1,200,000 Many of our in -town and village school facilities act as emergency shelters during extreme weather events or during times of natural or economic catastrophes. There is a need to equip these school facilities with emergency generators to provide power for sheltering needs and as back -up power during short term loss of electricity. These generators will be housed permanently at the school facilities and become part of the building. Located at these sites, they can be tested, operated and maintained as part of the service to the overall school building. East Elementary Traffic Flow Improvements Total cost for the project: $495,000 State funding request: $495,000 Design and reconfiguration of the existing parking area will reduce risks by providing for a safer separation of pedestrians, small vehicle traffic and bus loading /unloading. A new design will require an increase in the total area of the parking lot to allow adequate parking to support increased building usage and occupant Toad. Traffic Safety Lighting (City of Kodiak to United States Coast Guard Base) Total cost for the project: $3,000,000 State funding request: $3,000,000 One road connects the City of Kodiak to the state airport, the U.S. Coast Guard Support Center and neighborhoods located roughly south of town. The stretch of roadway between the city limits and the Coast Guard Base is approximately five miles of dark, two lane winding roadway with an average speed limit of 45 miles per hour. Street lighting is a significant safety concern along this section of road. Kodiak Island Borough Resolution No. FY2009 -06 Page 2 of 4 Service Area Paving Total cost for the project: State funding request: $4,000,000 This project would address the need to pave portions of the service area either main thoroughfares or busy neighborhood roads. Along with the paving of roads would come improvements to major drainage course that runs through these areas. Paving service area roads eliminates poor air quality experienced by the neighborhood because Kodiak road construction material breaks down easily into fine air borne dust and volcanic ash. Kodiak is at the right temperature for daily freeze of road bed material that promotes major maintenance issues with the development of pot holes. The Borough maintains approximately 25 miles of road within several service areas. Residents located within the paving area will contribute, through a district, a percentage of the engineering and improvement costs. Due l to the high improvement cost of asphalt, the Borough is seeking the state's financial assistance to help to reduce the cost to the residents. The Borough's paving needs exceed the total estimated project budget; therefore projects will be phased in and completed on a priority basis as funding is available. 8. Bayside Volunteer Fire Department Building Addition Total cost for the project: State funding request: $2,550,000 This proposed multi -use facility will be used to house fire fighting vehicles 5 rece my purchased by the district as well as an emergency shelter during times of need. This Fire Protection Area is the largest on Kodiak serving the majority of the population outside the city limits of the City of Kodiak. The service area board has been setting aside money each budget cycle towards the construction of this addition and will be a major contributor in the financing of this facility. To date that amount is $1,200,000. 9. Baranof Park Improvements Total cost for the project: State funding request: $6,000,000 This project will replace the track and field drainage and bleacher area in Bara Park. The track is the only track located in the Kodiak region. In -field improvements will include a synthetic surface for multi - purpose use and a "D" zone for field events. In addition, a synthetic surface is planned for the second multi - purpose field located in the park. Baranof Park is a regional recreational facility that serves not only City residents, but the entire region. The Park serves as an important educational facility for both the Kodiak Middle School and the Kodiak High School, neither of which have any other outdoor educational facilities. Improvements to Baranof Park are estimated to cost $6 million, with at least half the cost of these improvements attributed to Kodiak Island Borough School District use of the facility. Detailed engineering specifications for these needed improvements will be completed this fiscal year. The community is requesting funding support for half the estimated cost of constructing these important community and school district facilities. Kodiak Island Borough Resolution No. FY2009 -06 Page 3 of 4 10. New Nursing Home — Planning and Design Total cost for the project: $700,000 State funding request: $700,000 Assessment and Analysis are the first steps necessary for planning the replacement of Kodiak Island's only long term care facility. The current facility is housed in a former hospital wing that was never meant to be a nursing home, presenting space, safety, security, and privacy concerns in an institutional environment. Planning is necessary to determine the needs and financial feasibility of a new facility. n Section 2: New High SchoolNocational Education Total cost for the project: $115,300,000 State funding request: $23,000,000 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 IRodiak IsTand region. Funding for this project will come from a borough - wide bond sale which will include local contribution and state reimbursement. The extra space needed for vocational education causes the entire project to exceed the square foot per student requirement which reduces any State bond reimbursement from 70% to 60% for this project. 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. The Kodiak Island Borough administration is hereby instructed to advise our state of Alaska delegation of the Capital Improvement Projects Priority List adopted by the Kodiak Island Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier. CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Resolution No. FY2009 -06 Page4of4 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 18, 2008 REGULAR MEETING TITLE: Resolution No. FY2009 -07 Approving the Village of Karluk and Its Native Village Council to Participate in the FY2009 Community Revenue Sharing Program. SUMMARY: ITEM NO: 13.B.3 This resolution identifies Karluk as an unincorporated community that meets the Community Revenue Sharing Program eligibility criteria established under AS 29.60.865, AS 29.60.879 and 3 AAC 180.110. Karluk has more than 25 residents and provides fire protection, emergency medical response, water and sewer, solid waste management; and public road maintenance to its residents. FISCAL NOTES: Account No.: NA Amount Budgeted: NA Expenditure Required: NA APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -07. Introduced by: Manager Gifford Requested by: Karluk Drafted by: Manager Gifford Introduced: 9/18/2008 Adopted: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2009 -07 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPROVING THE VILLAGE OF KARLUK AND ITS NATIVE VILLAGE COUNCIL TO PARTICIPATE IN THE FY2009 COMMUNITY REVENUE SHARING PROGRAM WHEREAS, AS 29.60.865 and AAC 180.070 require the Borough Assembly to adopt a resolution identifying those unincorporated communities located within its municipal boundaries that meet the Community Revenue Sharing Program eligibility criteria established under AS 29.60.865, AS 29.60.879, and 3 AAC 180.110; and WHEREAS, Karluk has a Native Village Council that agrees to receive and spend the Community Revenue Sharing payment for the public benefit; and WHEREAS, Karluk has 25 or more residents residing as a social unit; and WHEREAS, Karluk provides fire protection, emergency medical response, water and sewer, solid waste management; and public road maintenance; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Kodiak Island Borough, by this resolution, hereby certifies that the Village of Karluk, through the Native Village Council, is eligible for funding under the FY2009 Community Revenue Sharing Program. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2009 -07 Page 1 of 1 FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 18, 2008 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -08. ITEM NO: 13.B.4 TITLE: Resolution No. FY2009 -08 Supporting the Need for a Comprehensive Study of the Existing Modes of Transportation Along With the Transportation Needs of the Communities on Kodiak Island and Urging the Denali Commission to Fund a Portion of the Island -Wide Transportation Study. SUMMARY: This resolution would indicate the Borough's support of a transportation feasibility study to determine how transportation services can be coordinated and improved on Kodiak Island in order to address travel, fuel delivery and freight delivery needs and their costs to our rural communities. The Island -wide Transportation Study was a 2008 Legislative Priority. The Alaska Department of Transportation has indicated that they would fund $100,000 of the estimated $250,000 need to conduct the study. We are applying for a grant from the Denali Commission requesting an additional $125,000 in funding and this resolution of support is required as part of the grant application. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2009 -08 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Grant Writer /Special Projects Christiansen Introduced: 09/18/2008 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH SUPPORTING THE NEED FOR A COMPREHENSIVE STUDY OF THE EXISTING MODES OF TRANSPORTATION ALONG WITH THE TRANSPORTATION NEEDS OF THE COMMUNITIES ON KODIAK ISLAND AND URGING THE DENALI COMMISSION TO FUND A PORTION OF THE ISLAND -WIDE TRANSPORATION STUDY WHEREAS, rural communities on Kodiak Island have limited transportation services; and WHEREAS, the rising costs of fuel have increased the cost associated with travel and freight delivery to our rural communities; and WHEREAS, there are no freight and bulk fuel delivery companies serving rural communities; and WHEREAS, there is a need for a comprehensive study of the existing modes of transportation along with the transportation needs of the communities on the island; NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that a feasibility study is necessary to determine how transportation services can be coordinated and improved on Kodiak Island. BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Denali Commission is urged to fund a portion of the Island -Wide Transportation Study. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Resolution No. FY2009 -08 Page 1 of 1 TO . FROM : DATE : RE. . Pursuant to KIB 7.30.010, I respectfully request approval of the individuals who have volunteered to serve as election workers for the Borough's October 2, 2007 Regular Municipal Election. KODIAK NO, 1 Chair Judge Judge Judge Relief Translator Translator Translator MISSION ROAD Chair Judge Judge Judge Judge Judge Judge Alternate CAPE CHINIAK Chair Judge Judge Judge Judge Judge OLD HARBOR Chair Judge Judge Judge PORT LIONS Chair Judge Judge Judge MEMORANDUM Kodiak Island Borough Assembly Nova M. Javier, CMC, Borough Clerk September 18, 2008 Regular Municipal Election - October 7, 2008 PREC /NT NO. 618 Merle Powell Vicky Mackey Justine Hartman Gloria Selby Gretchen Saupe Micaela Alonzo Pamela Fangonilo Angelito Llave PRECINCT NO. 622 Mike Marion Ellen Marion Gary Byers Susan Byers David Blacketer Jane Moore Anita Sholl Martha Randolph PRECINCT NO. 605 Deborrah Henderson Diane Patterson Marie Suazo Nellie Travis Judith Wood Susan Patterson PRECINCT N0. 625 Frances French Justina Ignatin Anna Nestic Ramona Erickson PRECINCT NO. 645 Diane Cole Kathy Lukin Mary Strong Janet Thomsen RECEIVING BOARD / HAND COUNT BOARD Bonnie Baker Jessica Goss (alternate) Judy Fine Gail Otto Natalie Horn KODIAK NO. Chair Judge Judge Judge Judge Alternate Alternate Translator Translator FLATS Co -Chair Co -Chair Judge Judge Judge Judge LARSEN BAY Chair Co -Chair Judge Judge OUZINK /E Chair Judge Judge Judge 2 ACCUVOTE BOARD Supervisor Coordinator Coordinator Coordinator Coordinator CANVASS BOARD Kate Loewen Randy Busch Sally Haldewang Diane Mann (alternate) PRECINCT NO. 620 Linda Sutton Rosa Wallace Sally Hopkins Carol Wandersee Esther Waddell Lynda Ross Dick Ross Patilou Peralta Delia Aspiras PRECINCT NO. 608 Sarah Thayer Nicola Belisle Dale Rice Marie Rice Robyn Killeen Greg Egle PRECINCT NO. 615 Marie Squartsoff Charlene Clampffer John R. Aga, Sr Annabelle Wick PRECINCT NO. 635 Dan Clarion Vera Squartsoff Paula Boskofsky Irene Anderson Nova Javier Marylynn McFarland Debbie Marlar Barbara Volpe Nita Nicolas Claudia Anderson KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 18, 2008 REGULAR MEETING TITLE: Approval of Workers for the October 7, 2008 Regular Municipal Election. SUMMARY: Per KIBC 7.30.010A Election officials. The assembly shall appoint at least three (3) judges in each precinct to constitute the election board of that precinct. The borough clerk is the election supervisor. One (1) judge shall be designated as chair and shall be ordinarily responsible for administering the election in that precinct. The borough clerk may appoint up to three (3) election clerks at any polling place where they are needed The list will be given to the Assembly before the September 18, 2008 regular meeting. APPROVAL FOR AGENDA: ITEM NO: 13.D.1 RECOMMENDED MOTIONS: Move to approve the regular municipal election workers as submitted by the Borough Election Supervisor. TITLE: Accepting the FY2009 Designated Legislative Grant #09 -DC -567, Road Service Area Rehabilitation and Paving and Authorizing the Manager to Enter Into an Agreement with the State of Alaska Department of Commerce Community and Economic Development. SUMMARY: The purpose of this action is to accept the legislative grant, FY2009 Designated Legislative Grant #09 -DC -567, Road Service Area Rehabilitation and Paving in the amount of $2,500,000, from the State of Alaska Department of Commerce Community and Economic Development. This grant is contingent upon ratification and sale of General Obligation Bonds and no charges can be accrued toward this grant until notification by the Department of Commerce Community and Economic Development. FISCAL NOTES: Account No.: N/A Amount Budgeted: N/A Expenditure Required: N/A APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 18, 2008 REGULAR MEETING ITEM NO: 13.D.2 RECOMMENDED MOTION: Move to accept the FY2009 Designated Legislative Grant #09- DC -567, Road Service Area Rehabilitation and Paving in the amount of $2,500,000 and authorize the manager to enter into an agreement with the State of Alaska Department of Commerce Community and Economic Development. Reviewed by: COMMERCE, COMMUNITY & ECONOMIC DEVELOPMENT OF COMMUNITY & REGIONAL AFFAIRS Legislative Grant Program Grant Agreement DEPARTMENT OF DIVISION Designated Grant Agreement Number Amount of State Funds 09 -DC -567 $2,500,000 Collocation Code(s) Encumbrance Number /AR/Lapse Date Project Title 21753874 / 5300 / 6/30/2013 Road Service Area Rehabilitation and Paving Grantee`' I)eparhnent Contact P .• Name Name Kodiak Island Borough Jolene Julian Street/PO Box Title 710 Mill Bay Road Grants Administrator City/State /Zip Street /PO Box Kodiak AK, 99615 PO Box 110809 Contact Person City/State /Zip Rick Gifford Juneau, AK 99811 -0809 Phone Fax Email Phone Fax 907 -486 -9300 907 - 486 -9374 907 - 465 -4758 907 - 465 -5867 rgifford@kodiakak.us AGREEMENT The Alaska Department of Commerce, Community and Economic Development, Division of Community & Regional Affairs (hereinafter `Department') and Kodiak Island Borough (hereinafter `Grantee') agree as set forth herein. Section L The Department shall pay the Grantee for the performance of the project work under the terms outlined in this agreement. The amount of the payment is based upon project expenses incurred, which are authorized under this Agreement. In no event shall the payment exceed $2,500,000. Section II. The Grantee shall perform all of the work required by this Agreement. Section III. The work to be performed under this agreement begins 7/1/08 and shall be completed no later than 6/30/13, Section IV. The agreement consists of this page and the following: ATTACHMENTS APPENDICES Attachment A: Scope of Work Appendix A: Audit Regulations 1. Project Description Appendix B: Audit Compliance Supplement 2. Project Budget Appendix B2: Indemnity and Insurance 3. Project Narrative Appendix C: State Laws and Regulations 4. Project Management /Reporting Appendix D: Special Requirements and Assurances for 5. Forms Packet Federally Funded Projects (if applicable) Attachment B: Payment Method Appendix E: Site Control Attachment C: Standard Provisions Appendix F: State Fire Marshal Review AMENDMENTS: Any fully executed amendments to this Agreement K y ,? Grantee t R ep tr me g Signature Signature Printed Name and Title Printed Name and Title Jerome Selby, Mayor Gail Dabaluz, Grants Administrator III to Date I Reviewed by: Cost Category Grant Funds Total Project Cost Program Funds $2,500,000 $2,500,000 1. Project Description The purpose of this FY 2009 Designated Legislative Grant in the amount of $2,500,000 [pursuant to the provisions of AS 37.05.315, SLA 2008, Chapter 29, Section 19, Page 185, and Line 23 -26] is to provide funding to the Kodiak Island Borough for use towards the Road Service Area Rehabilitation and Paving. This project includes, but is not limited to planning, design, paving and storm drainage on local roads. All costs incurred under this grant are contingent upon the ratification and sale of General Obligation Bonds. Any and all costs for this grant incurred outside of the ratification and sale of General Obligation Bonds will not be eligible for reimbursement and would be incurred at the Grantee's expense. Grant charges must not begin accruing until the Grantee is notified by the Department that the sale of bonds has been ratified and bonds have been sold No more than five percent (5 %) of the total grant award may be reimbursed for Administrative expenses for projects involving equipment purchase or repairs and no more than ten percent (10 %) of the total grant award may be reimbursed for Administrative expenses for all other projects. To be reimbursed for eligible administrative costs, expenses must be reported on the Designated Legislative Grant Financial /Progress Report form. 2. Project Budget 3. Budget Narrative Attachment A Scope of Work The Grant Funds identified above will be used to complete the project described in the above Project Description. Rev, 4/2008 Designated Legislative Grant Agreement Attachment A Page / of 2 4. Project Management /Reporting This project will be managed by the Grantee. If the Grantee is a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Mayor. The Mayor may delegate signatory authority for executing the Grant Agreement and amendments to others within the City government via the Signatory Authority Form. The Mayor may also designate financial and progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the City government, unless otherwise approved by the Department. If the Grantee is not a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Chief Executive Officer (CEO). The CEO may delegate authority for executing the Grant Agreement and amendments to others within the Grantee's organization via the Signatory Authority Form. The CEO may also designate financial and performance progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the Grantee's organization unless otherwise approved by the Department. The Grantee must establish and maintain separate accounting for the use of this Grant. The use of Grant funds in any manner contrary to the terms and conditions of this Grant Agreement may result in the subsequent revocation of the grant and any balance of funds under the grant. It may also result in the Grantee being required to return such amounts to the State. The Grantee shall submit a Designated Legislative Grant Financial/Progress Report Form (see attached) each month, or quarterly, with the concurrence of the Department, during the life of the Grant Agreement. Grant Financial /Progress Report Forms are due fifteen (15) days after the end of the month or quarter being reported. The report period is the first of the month through the last day of the month. If quarterly reporting is approved, the report period is the first day of the first month through the last day of the third month of the quarter. The final Financial /Progress Reports must be submitted within thirty (30) days following completion of the project. Under no circumstances will the Department release funds to the Grantee unless all required reporting is current. 5. Grant Forms Packet Rev .r 2008 The following page, which includes the Designated Legislative Grant Financial /Progress Report Form, is to be used by the Grantee for monthly /quarterly reporting. Additional copies of this form are available from the Department, electronically or in hard copy. Designated Legislative Grant Agreement Attachment A Page 2 of 2 1. Advance/Reimbursement Payment Upon full execution of this Grant Agreement, a State treasury warrant in an amount not to exceed 20% of the amount in Section I may be released upon request. Additional State treasury warrants will be released on a reimbursement basis upon receiving and approving a Grantee's financial /progress reports. The Department will reimburse the Grantee for costs incurred during the reporting period, in accordance with this Grant Agreement. The Department will not reimburse without approved financial /progress reports, prepared and submitted by the Grantee on the form provided in Attachment A. Before approving the financial /progress report for payment, the Department may require the Grantee to submit . documentation of the costs reported (e.g., vendor billings, signed timesheets, invoices). If cost reimbursement significantly inhibits the Grantee's ability to implement the project, the Department may advance to the Grantee an amount not to exceed a projected thirty (30) day cash need, or twenty percent (20 %) of the amount in Section I, whichever is less. Before the Department will issue an advance, the Grantee must submit a "Request for Advance Payment" form along with documentation of costs associated with the advance. The "Request for Advance Payment" form can be obtained from the Department electronically or in hard copy. All advances will be recovered with the Grantee's next Financial /Progress Report form. Should earned payments during the terms of this Grant Agreement be insufficient to recover the full amount of the advance, the Grantee will repay the unrecovered amount to the Department when requested to do so by the Department, or at termination of the Grant Agreement. 2. Withholding of Ten Percent (10 %) Rev. 4/2008 Attachment B Payment Method The Department may withhold ten percent (10 %) of the amount in Section I until the Department determines that the Grantee has satisfactorily completed the terms of this grant agreement, including all required reporting and submission-of photographs of the project. Designated Legislative Grant Agreement Attachment B- Municipality Page 1 of 1 Department of Commerce, Community and Economic Development Division of Community & Regional Affairs DESIGNATED LEGISLATIVE GRANT FINANCIAL/PROGRESS REPORT AND REQUEST FOR REIMBURSEMENT Grantee: Grant Number: Project Title: Report Number: Report Period: From: To: Note: Financial Report /Revuest for Reimbursement must include Progress Report narrative. Cost Category Authorized Budget Grant Expenditures This Period Total Grant Expenditures To Date Balance of Grant Funds Program Funds Administration Total This Report Current Advance Balance (if any) Total Grant Award Total Grant Expenditures This Period LESS Advance Recovered This Report (if any) LESS Total Grant Expenditures to Date NET REIMBURSEMENT TO GRANTEE LESS Unrecovered Advance Balance (if any) TOTAL Grant Funds Remaining Advance Balance Remaining (if any) _ PROGRESS REPORT: Describe activities that occurred during this report period. Identify any problems you may be experiencing. Attach additional pages if necessary. Grantee Certification: 1 certify that the above information is true and correct, and that expenditures have been made for the purpose of and in accordance with, applicable grant agreement terms and conditions. DCCED STAFF USE Encumbrance #: Payment Amount: thorized Signature Date GA Approval: Name and Title DCCED Signature Date D .. n in, Article 1. Definition Article 2. Indemnification Article 4. Waivers "Department" refers to the Department of Commerce, Community and Economic Development with the State of Alaska. It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of the Grant Agreement. The Grantee, its successors and assigns, will protect, save, and hold harmless the Department and the State of Alaska and their authorized agents and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the acts or omissions of the Grantee, its subcontractors, assigns, agents, contractors, licenses, invitees, employees, or any person whomever arising out of or in connection with any acts or activities authorized by this Grant Agreement. The Grantee further agrees to defend the Department and the State of Alaska and their authorized agents and employees in any litigation, including payment of any costs or attorney's fees for any claims or actions commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of the Department of the State of Alaska or their authorized agents or employees, provided, that if the claims or damages are caused by or result from the concurrent negligence of (a) the Department and the State of Alaska and their agents or employees, and (b) the Grantee, its agents or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee, or Grantee's agents or employees. Article 3. Legal Authority The Grantee certifies that it possesses legal authority to accept grant funds under the State of Alaska and to execute the project described in this Grant Agreement by signing the Grant Agreement document. The Grantee's relation to the Department and the State of Alaska shall be at all times as an independent Grantee. No conditions or provisions of this Grant Agreement can be waived unless approved by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Grant Agreement, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such a breach, shall not constitute a waiver of any right under this Grant Agreement. Article 5. Access to Records Article 6. Reports The Department and duly authorized officials of the State of Alaska shall have full access and the right to examine, excerpt, or transcribe any pertinent documents, papers, records, and books of the Grantee, and of persons or organizations with which the Grantee may contract, involving transactions related to the project and this Grant Agreement. The Grantee, at such times and in such forms as the Department may require, shall furnish the Department with such periodic reports as it may request pertaining to the activities undertaken pursuant to this Grant Agreement, including the final close -out report, the costs and obligations incurred in connection therewith, and any other matters covered by this Grant Agreement. Article 7. Retention of Records Rev.4/2008 Attachment C Standard Provisions The Grantee shall retain financial and other records relating to the performance of this Grant Agreement for a period of three years from the date when the final financial status report is submitted to the Department, or until final resolution of any audit findings, claims, or litigation related to the grant. Designated Legislative Grant Agreement Attachment C Page 1 of 6 Article 8. Assignability Article 12. Recordkeeping The Grantee shall not assign any interest in this Grant Agreement and shall not transfer any interest in the same (whether by assignment or novation). Article 9. Financial Management and Accounting The Grantee shall establish and maintain a financial management and accounting system that conforms to generally accepted accounting principles. Article 10. Program Income Program income earned during the award period shall be retained by the Grantee and added to the funds committed to the award and used for the purpose and under the conditions applicable to the use of award funds. Article 11. Amendments and Modifications The Grantee or the Department may request an amendment or modification of this Grant Agreement. However, such amendment or modification shall not take effect until approved, in writing, by the Department and the Grantee. The Grantee agrees to keep such records as the Department may require. Such records will include information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and income. They will also include information pertaining to project performance and efforts to comply with the provisions of the Grant Agreement. Article 13. Obligations Regarding Third -Party Relationships None of the Work specified in this Grant Agreement shall be contracted by the Grantee without prior approval of the Department. No permission for subcontracting shall create, between the Department or the State of Alaska and the subcontractor, any contract or any relationship. The Grantee shall remain fully obligated under the provisions of this Grant Agreement notwithstanding its designation of any third party or parties of the undertaking of all or any part of the project described herein. Any subcontractor that is not the Grantee shall be required by the Grantee to comply with all the provisions of this Grant Agreement. The Grantee shall bind all subcontractors to each and every applicable Grant Agreement provision. Each subcontract for work to be performed with funds granted under this Grant Agreement shall specifically include a provision that the Department and the State of Alaska are not liable for damages or claims from damages arising from any subcontractor's performance or activities under the terms of the subcontracts. Article 14. Conflict of Interest No officer or employee of the Department; no member, officer, or employee of the Grantee or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such Locality or localities who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement. The Grantee shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this provision. Rev.4 /2008 Designated Legislative Grant Agreement Attachment C Page 2 of 6 Article 15. Political Activity Article 16. Notices No portion of the funds provided hereinunder shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. The Grantee shall comply with all public notices or notices to individuals required by applicable state and federal laws and shall maintain a record of this compliance. Article 17. Prohibition Against Payment of Bonus or Commission The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval or concurrence under this contract provided, however, that reasonable fees of bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. Article 18. Termination by Mutual Agreement This Grant Agreement may be terminated, in whole or in part, prior to the completion of contract project activities when both parties agree that continuation is not feasible or would not produce beneficial results commensurate with the further expenditure of funds. The Department will determine whether an environmental review of the cancellation is required under State and/or Federal law. The parties must agree on the termination conditions, including effective date and the portion to be terminated. The Grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Department shall make funds available to the Grantee to pay for allowable expenses incurred before the effective date of termination. Article 19. Termination for Cause If the Grantee fails to comply with the terms of this Grant Agreement, or fails to use the grant for only those purposes set forth herein, the Department may take the following actions: A. Suspension — After notice in writing by certified mail to the Grantee, suspend the grant and withhold any further payment or prohibit the Grantee from incurring additional obligations of grant funds, pending corrective action by the Grantee or a decision to terminate. Response must be received within fifteen (15) days of receipt of the written notice. B. Termination — Terminate the grant in whole or in part, at any time before the final grant payment is made. The Department shall promptly notify the Grantee in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Payments made to the Grantee or recoveries by the Department shall be in accordance with the legal rights and liabilities of the parties. Article 20. Withdrawal of Funds In the event funding from the state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant Agreement and prior to normal completion, the Department may terminate the agreement, reduce funding, or re- negotiate subject to those new funding limitations and conditions. A termination under this article shall be implemented under the same conditions as a termination under Article 19 of this Attachment. Article 21. Recovery of Funds In the event of a default or violation of the terms of the Grant Agreement by the Grantee, the Department may institute actions to recover all or part of the project funds paid to the Grantee. Repayment by the Grantee of grant funds under this recovery provision shall occur within thirty (30) days of demand. All remedies conferred on the Department by this agreement or any other instrument or agreement are cumulative, not exclusive, and may be exercised concurrently or consecutively at the Department's option. Rev.4 /2008 Designated Legislative Grant Agreement Attachment C Page 3 of 6 Article 22. Disputes Article 23. Jurisdiction Article 24. Ownership of Project /Capital Facilities Article 25. Site Control Article 26. Insurance Article 28. Governing law Rev.4 /2008 Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement that is not disposed of by mutual agreement shall be decided by the Department, which shall reduce its decision to writing and mail, or otherwise furnish a copy thereof, to the Grantee. The decision of the Department shall be final and conclusive. This "Disputes" clause does not preclude the consideration of questions of law in connection with the decision provided for in the preceding paragraph provided that nothing in the Grant Agreement shall be construed as making final the decisions of any administrative official, representative, or board on a question of law. This Grant Agreement shall be governed by the laws and statutes of the State of Alaska. The venue of any suit hereunder may be in the Superior Court for the First Judicial District, Juneau, Alaska. The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Grant Agreement and, by this grant of funds, does not and will not acquire any ownership interest or title to such property of the Grantee. The Grantee shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the Department and the State of Alaska harmless from any and all causes of action arising from the ownership and operation of the project. If the grant project involves the occupancy and use of real property, the Grantee assures that it has the legal right to occupy and use such real property for the purposes of the grant, and further that there is legal access to such property. The Grantee is responsible for obtaining any necessary liability insurance. In addition, the Grantee shall provide and maintain Workers' Compensation Insurance as required by AS 23.30 for all employees engaged in work under this Grant Agreement. The Grantee shall require any contractor to provide and maintain Workers' Compensation Insurance for its employees as required by AS 23.30. The Grantee shall require any contractor hired to work on the project be licensed, bonded and insured for at least the amount of the project and if appropriate provide and maintain Professional Liability Insurance. Article 27. Subcontracts for Engineering Services In the event that the Grantee subcontracts for engineering services, the Grantee will require that the engineering firm certify that it is authorized to do business in the State of Alaska. In the event that the engineering firm is also the project administrator, the Grantee shall require that the bond or insurance shall be for not less than the amount of the entire project. This Grant Agreement is governed by the laws of the State of Alaska. The Grantee shall perform all aspects of this project in compliance with the appropriate laws and regulations. It is the responsibility of the Grantee to ensure that all permits required for the construction and operation of this project by the Federal, State, or Local governments have been obtained. Designated Legislative Grant Agreement Attachment C Page 4 of 6 Article 29. Budget Flexibility Article 31. Public Purposes Notwithstanding the provisions of Article 11, Attachment C, the Grantee may revise the project budget in Attachment A without a formal amendment to this agreement. Such revisions are limited within each line item to a maximum of ten percent (10 %) of the line item or $10,000, whichever is less, over the entire term of this agreement. Such budget revisions shall be limited to changes to existing budget line items. Budget revisions may not be used to increase any budget item for project administrative expenses. Changes to the budget beyond the limits authorized by this provision may only be made by a formal amendment to this agreement. Article 30. Equal Employment Opportunity (EEO) Article 33. Assurance The Grantee may not discriminate against any employee or applicant for employment because of race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood. The Grantee shall post in a conspicuous place, available to employees and applicants for employment, a notice setting out the provisions of this paragraph. The Grantee shall state, in all solicitations or advertisements for employees to work on state funded projects, that it is an equal opportunity employer (EEO) and that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood. The Grantee shall include the provisions of this EEO article in every contract relating to this Grant Agreement and shall require the inclusion of these provisions in every agreement entered into by any of its contractors, so that those provisions will be binding upon each contractor or subcontractor. The Grantee agrees that the project to which this Grant Agreement relates shall be dedicated to public purposes for its useful life. The benefits of the project shall be made available without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood. If the Grantee is a non - municipal entity and if monies appropriated under this grant constitute the sole or principal funding source for the acquisition of equipment or facilities, the Grantee agrees that in the event a municipal corporation is formed which possesses the power and jurisdiction to provide for such equipment or facilities, the Grantee shall offer, without compensation, to transfer ownership of such equipment or facilities to the municipal corporation. If the Grantee is a non - profit corporation that dissolves, the assets and liabilities from the grant project are to be distributed according to statutory law, AS 10.20.290 - 10.20.452. Article 32. Operation and Maintenance Throughout the life of the project, the Grantee shall be responsible for the operation and maintenance of any facility, equipment, or other items acquired under this grant. The Grantee shall spend monies awarded under this grant only for the purposes specified in this Grant Agreement. Article 34. Current Prevailing Rates of Wage Certain grant projects are constrained by the provisions of AS 36. PUBLIC CONTRACTS. To the extent that such provisions apply to the project which is the subject of this Grant Agreement, the Grantee shall pay the current prevailing rates of wage to employees as required by AS 36.05.010. The Grantee also shall require any contractor to pay the current prevailing rates of wage as required by AS 36.05.010. Rev.4 /2008 Designated Legislative Grant Agreement Attachment C Page 5 of 6 Article 35. Severability Article 36. Performance If any provision under this Grant Agreement or its application to any person or circumstance is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the contract agreement which can be given effect without the invalid provision. The Department's failure to insist upon the strict performance of any provision of the Grant Agreement or to exercise any right based upon breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this Grant Agreement. Article 37. Sovereign Immunity If the Grantee is an entity which possesses sovereign immunity, it is a requirement of this grant that the Grantee irrevocably waive its sovereign immunity with respect to state enforcement of this Grant Agreement. The waiver of sovereign immunity, effected by resolution of the entity's governing body, is herein incorporated into this Grant Agreement. Article 38. Audit Requirements Article 39. Close -Out Rev.4 /2008 The Grantee shall comply with the audit requirements established by 02 AAC 45.010, set forth in Appendix A of this Grant Agreement. The Department will advise the Grantee to initiate close -out procedures when the Department determines, in consultation with the Grantee, that there are no impediments to close -out and that the following criteria have been met or soon will be met: A. All costs to be paid with grant funds have been incurred with the exception of close -out costs and any unsettled third -party claims against the Grantee. Costs are incurred when goods and services are received or contract work is performed. B. The last required performance report has been submitted. The Grantee's failure to submit a report will not preclude the Department from effecting close -out if it is deemed to be in the State's interest. Any excess grant amount that may be in the Grantee's possession shall be returned by the Grantee in the event of the Grantee's failure to finish or update the report. C. Other responsibilities of the Grantee under this Grant Agreement and any close -out agreement and applicable laws and regulations appear to have been carried out satisfactorily or there is no further State interest in keeping the grant open for the purpose of securing performance. Article 40. Americans with Disabilities Act The Americans with Disabilities Act (ADA) prohibits discrimination against persons with disabilities. Title I of the ADA prohibits discrimination against persons with disabilities in employment and provides that a reasonable accommodation be provided for applicants and employees. Title II of the Act prohibits public agencies from discriminating against individuals with disabilities in the provision of services, programs, or activities. Reasonable accommodation must be made to ensure or allow access to all services, programs, or activities. This section of the Act includes physical access to public facilities and requires that public entities must, if necessary, make modifications to their facilities to remove physical barriers to ensure access by persons with disabilities. All new construction must also be accessible to persons with disabilities. A public entity's subgrantees or contractors must also comply with the ADA provisions. Grantees are responsible for assuring their compliance with the ADA. Designated Legislative Grant Agreement Attachment C Page 6 of 6 2 AAC 45.010. AUDIT REQUIREMENTS Appendix A Audit Regulations CHAPTER 45. GRANT ADMINISTRATION (a) A state agency that enters into a financial assistance agreement to provide financial assistance to an entity shall, in coordination with any other state agencies providing financial assistance to that entity, require that entity to submit to the department an audit of the recipient entity if that entity is subject to an audit under this section. The audit must be conducted and submitted as described in this section. In order to ensure compliance with this subsection, a state agency must include the audit requirements of this section must be contained in any financial assistance agreement subject to this subsection. (b) An entity that expends financial assistance with a cumulative total of $500,000 or more during the entity's fiscal year shall submit an audit report for the audit period to the department, by (1) the earlier of (a) 30 days after the entity receives its audit report for the audit period; or (b) nine months after the end of the audit period; or (2) a later date than the date calculated under (1) of this subsection, if (a) the state agency that provides the financial assistance agrees to the change of date; and (b) the agreement under (a) of this paragraph is made in (i) writing; and (ii) advance of the date calculated under (1) of this subsection. (c) An audit required by this section must be conducted by an independent auditor, according to the following audit standards effective at the time of review for the audit period: (1) Government Auditing Standards, July 2007 Revision adopted by the comptroller general of the United States, and adopted by reference; (2) Generally accepted auditing standards, as accepted by the American Institute of Certified Public Accountants in the Codification of Statements on Auditing Standards in effect as of January 1, 2007 for the type of entity being audited, adopted by reference; (3) State of Alaska Audit Guide and Compliance Supplement for State Single Audits, May 2007 revision, including Appendix A dated March 31, 2008 prepared by the department, adopted by reference. (d) An audit required under this section must report on the following: (1) The system of internal controls of the entity and the auditor's identification of significant deficiencies and material weaknesses of the entity, using the applicable standards set out in (c) of this section; (2) the entity's compliance with applicable state statutes and regulations and applicable financial assistance agreements affecting the expenditure of the financial assistance; the report must identify findings and known questioned costs that exceed $5,000 in the aggregate for all transactions of expenditures tested for the financial assistance being audited; (3) the entity's financial statements; (4) the schedule of state financial assistance; and (5) the schedule of findings and questioned costs. (e) As part of an audit report required under this section, a recipient must provide (1) written comments on any (A) findings; (B) known questioned costs; (c) significant deficiencies, including material weaknesses; and (D) recommendations contained in the audit report; (2) the entity's plan for corrective action, if any findings are identified or any recommendations are made in the audit report; (3) the status of the entity's implementation of any plans for corrective actions related to (A) the audit reports required under this section for the fiscal year before the audit period; and (B) unresolved findings of audit reports required by this section for audit periods before those specified in (A) of this paragraph; and (4) a written explanation of the reasons why corrective action will not be taken if the entity does not intend to take corrective action on the findings and recommendations in any audit report required by this section. (f) An audit report required under this section need not evaluate the effectiveness of a program funded by state financial assistance. However, a program evaluation or financial monitoring may be conducted by the state agency or requested of the entity by the state agency that entered into the financial assistance agreement. Rev. 3/2008 Designated Legislative Grant Agreement Appendix A Page 1 of 3 (g) An audit required by this section must cover the entire operations of the entity. 'h) An entity shall provide the department with sufficient copies of each audit report to allow submission of a copy to each state agency providing financial assistance to the entity. The department will determine if auditing standards have been met and will forward a copy of the audit to the appropriate state agencies. The department will coordinate the assignment of the resolution to one state agency, if the exceptions concern more than one state agency. The applicable state agency providing financial assistance to the entity must meet its responsibilities under other law for ensuring compliance with the audit report. (i) Unless additional audit requirements are imposed by state or federal law, a state agency that provides financial assistance to an entity shall accept the audit required by this section in satisfaction of any other audit requirement. If additional audit work is necessary to meet the needs of a state agency, the audit work must be based on audits required by this section. Nothing in this subsection authorizes a state agency to seek payment from the entity for the additional audit work. (j) A third party that receives financial assistance through an entity, in an amount described in this section, is subject to the applicable requirements of this section. An entity that disburses $500,000 or more in state fmancial assistance to a third party shall ensure that the third party complies with the requirements of this section. That entity shall also ensure that appropriate corrective action is taken within six months after a third party's noncompliance with an applicable state statute or regulation, or financial assistance agreement, is disclosed. (k) Repealed 7/1/98. (1) For purposes of this section, if an entity has not identified its fiscal year, that entity's fiscal year is July 1 through June 30. (m) Financial assistance in the following form is not included when calculating whether an entity meets the threshold monetary requirement under (b) of this section; (1) state revenue sharing and municipal assistance money provided under AS 29.60.010 - 29.60.375; (2) Repealed 3/31/2008. (3) aviation fuel tax money provided under AS 43.40.010; (4) electric and telephone cooperative gross revenue tax refunds provided under AS 10.25.570; (5) alcoholic beverage license fee refunds provided under AS 04.11.610; (6) fisheries tax refunds provided under AS 43.75.130 and AS 43.77.060; (7) PERS /TRS relief funding under money appropriated to pay employer unfunded liability attributable to the entity under AS 14.25 and AS 39.35. (n) Financial assistance in a form listed in (m) of this section is not exempt from compliance testing if the entity meets the threshold monetary requirement under (b) of this section. (o) Repealed 7/1/98. History — Effective 8/1/85, Register 95; am 6/29/90, Register 114; am 7/1/98, Register 146; am 3/31/2008, Register 185. Authority; AS 37.05.020 AS 37.05.030 AS 37.05.190 2 AAC 45.060. EXTERNAL QUALITY REVIEW OF AUDIT ORGANIZATION Repealed. History — Effective 7/1/98, Register 146; repealed 3/31/2008, Register 185. 2 AAC 45.070. APPLICABILITY (a) (b) The amended version of this chapter, effective March 31, 2008, applies to an audit for an audit period that begins or continues after March 31, 2008. An entity may agree to be subject to the provisions of the amended version of this chapter, effective March 31, 2008, for an audit period beginning on or after July 1, 2007 and ending on or before March 30, 2008, by voluntarily submitting (1) an audit that complies with those provisions; or (2) a statement that an audit is not required under provisions of 2 AAC 45.010(b). History — Effective 7/1/98, Register 146; am 3/31/2008, Register 185. Rev. 3/2008 Designated Legislative Grant Agreement Appendix A Page 2 of 3 Authority: AS 37.05.020 AS 37.05,030 AS 37.05.190 2 AAC 45.080. EXEMPTIONS FROM FINANCIAL ASSISTANCE (a) For purposes of this chapter, "fmancial assistance" does not include the following: (1) public assistance provided under AS 47; (2) goods or services purchased for the direct administration or operation of state government; (3) moneys advanced to an entity under one or more state loan programs; (4) power cost equalization payments made to an electric cooperative on behalf of its customers; (5) scholarships, loans, or other tuition aid provided to students, but paid to an education institution on their behalf. (b) In addition to the exemptions set out in (a) of this section, for a third party, "financial assistance" does not include goods purchased from the third party for direct administration or operation of the entity that received financial assistance, History- Effective 7/1/98, Register 146. Authority: AS 37,05.020 AS 37.05.030 AS 37.05.190 2 AAC 45.090. DEFINITIONS For purposes of this chapter, unless the context otherwise requires, (1) "audit period" means the entity's fiscal year in which the entity expended financial assistance; (2) "entity" does not include (A) the University of Alaska or any other state agency; (B) a for - profit entity; and (c) a non United States based entity; (3) "financial assistance" means state grants, contracts, provider agreements, cooperative agreements, and all forms of state financial assistance to an entity; "financial assistance" includes all forms of state financial assistance provided through an entity to a third party; (4) "known questioned costs" means those questioned costs specifically identified by the auditor in the audit conducted under this chapter; (5) Repealed 3/31/2008; (6) "department" means the Department of Administration; (7) "significant deficiencies" has the meaning given in Section 5.11a, of the Government Auditing Standards adopted by reference in 2 AAC 45.010(c). History — Effective 7/1/98, Register 146; am 3/31/2008, Register 185. Authority: AS 37.05.020 AS 37,05.030 AS 37.05.190 Rev. 3/2008 Designated Legislative Grant Agreement Appendix A Page 3 of 3 Appendix B Audit Compliance Supplement Designated Legislative Capital Grant Program 1. Program Objectives Authorized under Alaska Statute 37.05.315, 37.05.316, 37.05.317, these grants are made at the discretion of the Legislature. The Grants are designated by the Legislature to provide for a specific project or activity to a specific entity. 2. Program Procedures Following enactment of the authorizing legislation, the Department then executes a grant agreement according to the appropriate statute with the entity and specifies the project to be undertaken. 3. Compliance Requirements and Suggested Audit Procedures There are no specific grant regulations governing the administration of these grants. All compliance requirements and suggested audit procedures must be based upon specific provisions of the grant agreement. A. TYPES OF SERVICES ALLOWED AND UNALLOWED Compliance Requirement • Grant funds can be expended for a variety of purposes as provided for in the authorizing legislation and as specified in the grant agreement. Suggested Audit Procedures • Test expenditures and related records. B. Eligibility • The auditor is not expected to make tests for recipient eligibility C. Matching Level of Effort Compliance The Grantee is required to submit monthly or quarterly financial and progress reports, as specified in the Grant Agreement. D. Reporting Requirements Rev. 4/2008 Compliance Requirement • Any matching, level of effort and/or earmarking requirements will be identified and established in the grant agreement. Suggested Audit Procedures • As appropriate, review the grant agreement, identify the types and amounts of match required and review the grantees accounting records to verify that the amount of match reported was provided. Compliance Requirement • The grant agreement will specify the reporting requirements to which the grantee must adhere to. Suggested Audit Procedures • Examine copies of reports and determine completeness, accuracy, and timeliness of submission • Trace data in selected reports to underlying documentation E. Special Tests and Provisions Compliance Requirement • The grant agreements often contain specific provisions to which the grantee is to adhere. Suggested Audit Procedures • Review the grant agreement, identify special provisions or requirements and verify that they were met. Designated Legislative Grant Agreement Appendix B Page 1 of 1 Article 1. Indemnification Article 2. Insurance Rev. 4/2008 Appendix B2 Indemnity and Insurance The contractor (Grantee) shall indemnify, save harmless and defend the state, its officers, agents and employees from all liability, including costs and expenses, for all actions or claims resulting from injuries or damages sustained by any person or property arising directly or indirectly as a result of any error, omission or negligent act of the contractor, subcontractor or anyone directly or indirectly employed by them in the performance of this contract. All actions or claims including costs and expenses resulting from injuries or damages sustained by any person or property arising directly or indirectly from the contractor's performance of this contract which are caused by the joint negligence of the state and the contractor shall be apportioned on a comparative fault basis. Any such joint negligence on the part of the State must be a direct result of active involvement by the State. Without limiting contractor's indemnification, it is agreed that the contractor shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the contractor's policy contains higher limits, the State shall be entitled to coverage to the extent of such higher limits Certificates of Insurance must be furnished to the Contracting Officer prior to beginning work and must provide for a thirty (30) day prior notice of cancellation, non - renewal or material change. Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach and grounds for termination of the contractor's services. 2.1 Workers' Compensation Insurance: The contractor shall provide and maintain, for all employees of the contractor engaged in work under this contract, Workers' Compensation Insurance as required by AS 23.30.045. The contractor shall be responsible for Workers' Compensation Insurance for any subcontractor who directly or indirectly 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 is not less than $100,000.00 per occurrence. Where applicable, coverage for all federal acts (i.e. USL & H and Jones Acts) must also be included. 2.2 Comprehensive (Commercial) General Liability Insurance: With coverage limits not less than $300,000.00 combined single limit per occurrence and annual aggregates where generally applicable and shall include premises - operations, independent contractors, products /completed operations, broad form property damage, blanket contractual and personal injury endorsements. 2.3 Comprehensive Automobile Liability Insurance: Covering all owned, hired, and non - owned vehicles with coverage limits not less than $100,000.00 per person/$300,000.00 per occurrence bodily injury and $50,000.00 property damage. 2.4 Professional Liability Insurance: Covering all errors, omissions or negligent acts of the contractor, subcontractor or anyone directly or indirectly employed by them, made in the performance of this contract which result in financial loss to the State. Limits required are per the following schedule: Contract Amount Minimum Required Limits Under $100,000 $100,000 - $499,999 $500,000 - $999,999 $1,000,000 or over $100,000 per occurrence /annual aggregate $250,000 per occurrence /annual aggregate $500,000 per occurrence /annual aggregate Negotiable - Refer to Risk Management Designated Legislative Grant Agreement Appendix B2 Page 1 of 1 Municipality Public Facility Operations and Maintenance —AS 37.05.315(c) In accepting a grant under AS 37.05.315 for construction of a public facility, a municipality covenants with the State that it will operate and maintain the facility for the practical life of the facility and that the municipality will not look to the State to operate or maintain the facility or pay for its operation or maintenance. This requirement does not apply to a grant for repair or improvement of an existing facility operated or maintained by the State at the time the grant is accepted if the repair or improvement for which the grant is made will not substantially increase the operating or maintenance costs to the State. Restriction on Use—AS 37.05.321 A grant or earnings from a grant under AS 37.05.315 - 37.05.317 may not be used for the purpose of influencing legislative action. In this section "influencing legislative action" means promoting, advocating, supporting, modifying, opposing, or delaying or seeking to do the same with respect to any legislative action but does not include the provision or use of information, statistics, studies, or analyses in written or oral form or format. A grant or earnings from a grant made under AS 37.05.315 - 37.05.317 may not be used for purposes of travel in connection with influencing legislative action unless pursuant to a specific request from a legislator or legislative committee. Hiring Preferences —AS 36.10 This chapter of the Alaska Statutes applies to grants for public works projects and requires compliance with the hiring preferences under AS 36.10.150 — 36.10.175 for employment generated by the grant. Historic Preservation Act—AS 41.35 Fire Protection —AS 18.70 Environmental Conservation —AS 46.03 Appendix C State Laws and Regulations This chapter of the Alaska Statutes applies to public construction of any nature undertaken by the State, or by a governmental agency of the State, or by a private person under contract with or licensed by the State or a governmental agency of the State. The Department of Natural Resources must be notified if the construction is planned for an archaeological site. The department may stop the construction to determine the extent of the historic, prehistoric, or archaeological values. This chapter of the Alaska Statutes requires the Department of Public Safety (the State Fire Marshal) to adopt regulations (currently in the form of Uniform Fire Code, as amended) establishing minimum standards for: I. Fire detection and suppression equipment; 2. Fire and life safety criteria in commercial, industrial, business, institutional, or other public buildings used for residential purposes containing four or more dwelling units; 3. Any activity in which combustible or explosive materials are stored or handled in commercial quantities; 4. Conditions or activities carried on outside a building described in (2) or (3) likely to cause injury to persons or property. This chapter of the Alaska Statutes applies to municipalities and could subject them to enforcement actions instituted by the Alaska Department of Environmental Conservation for air, land and water nuisances, and water and air pollution in a municipality of 1,000 or more, and may establish a local air pollution control program. Rev. 4/2008 Designated Legislative Grant Agreement Appendix C Page I of 2 Alaska Coastal Management Program AS 46.40 This chapter of the Alaska Statutes establishes a planning program for the use, management, restoration, and enhancement of the overall quality of the coastal environment. The law provides for the creation of coastal resource districts and the establishment, review, and approval of district management plans. If a district management plan is not implemented, enforced, or complied with, enforcement action may follow. Permits and Environmental Procedures Coordination - AS 46.35 This chapter of the Alaska Statutes establishes the Department of Environmental Conservation as the central state agency for processing environmental permits issued by State agencies. The law requires a master application form and specifies the following permits including others designated by the commissioner to which this law applies: Access Roads Permit AS 41.21.020, 11 AAC 12.020 Air Emissions Permit-AS 46.14.140, 18 AAC 50.030 Anadromous Fish Protection Permit -AS 16.05.870, 5 AAC 95.010 Authorization for Tidelands Transportation -AS 38.05.035, 11 AAC 51.015 Brine or Other Salt Water Waste Disposal Permit-AS 31.05.030, 20 AAC 22.252 Burning Permit during Fire Season -AS 41.15.060, 11 AAC 95.410 Coal Development Permit -AS 27.21.030, 11 AAC 85.110 Critical Habitat Area Permit AS 16.20.510, 05 AAC 95.420 Dam Construction Permit -AS 46.17.040, 11 AAC 93.171 Driveway Permit-AS 19.05.040, 17 AAC 10.020 Encroachment Permit-AS 19.25.200, 17 AAC 10.012 Limited Personal Use Permit -AS 38.05.820, 11 AAC 62.010 Miscellaneous State Land Use Permit -AS 38.05.035, 11 AAC 96.010 Mineral and Geothermal Prospecting Permits -AS 38.05.181, 11 AAC 82.100 Open Burning Permit-AS 46.03.020, 18 AAC 50.065 Permit for Use of Timber or Materials -AS 38.05.110, 11 AAC 71.025 Permit to Appropriate Water -AS 46.15.040, 11 AAC 93.120 Pesticides Permit -AS 46.03.320, 18 AAC 90.300 Preferred Use Permit -AS 46.15.150, 11 AAC 93.240 Right -of -Way and Easement Permits -AS 38.05.850, 11 AAC 58.740 Solid Waste Disposal -AS 46.03.100, 18 AAC 60.200 Special Land Use Permit-AS 38.05.035, 11 AAC 58.210 Special Material Use Permit-AS 38.05.115, 11 AAC 71.025 State Game Refuge Land Permit-AS 16.20.050 - 16.20.060 State Park Incompatible Use Permit-AS 41.21.020, 11 AAC 18.010 Surface Oiling Permit-AS 46.03.740, 18 AAC 75.700 Surface Use Permit-AS 38.05.255, 11 AAC 86.600 Tide and Submerged Lands Prospecting Permit -AS 38.05.250, 11 AAC 62.700 Tidelands Permit-AS 38.05.035, 11 AAC 62.720 Tidelands Right -of -Way or Easement Permit-AS 38.05.820, 11 AAC 62.720 Utility Permit -AS 19.25.010, 17 AAC 15.011 Waste Water Disposal Permit-AS 46.03.100, 18 AAC 72.010 Water Well Permit-AS 31.05.030, 11 AAC 93.140 Rev.4/2008 Designated Legislative Grant Agreement Appendix C Page 2 of 2 Appendix D Special Requirements and Assurances for Federally Funded Projects Federal grant requirements are not applicable to the Designated Legislative Capital Grant program. Rev, 4/2008 Designated Legislative Grant Agreement Appendix D Page 1 of I Appendix E Site Control 1. Site Control The Grantee must provide evidence of site control for a project that involves any use of land, including but not limited to, construction, renovation, utility projects, fuel storage, roads and trails. As a minimum requirement, the Grantee should obtain a "sufficient interest" that allows the Grantee the right to use and occupy the site for the expected useful life of the building, structure or other improvement. Generally, the interest obtained should be for at least 20 years. A sufficient interest depends upon the nature of the project and the land status of the site. Site control options are identified in Section 2. For a project planned on land that is controlled by a public agency, the Grantee must obtain whatever authorization for use that is required by the public agency. 2. Site Control Options Below are some examples of documents that may be used to satisfy site control requirements for various community facilities /projects. The terms and conditions contained in each document must be examined to determine adequacy for a specific project. Deed Lease Easement Use Permit License Community Hall v V Clinic v Fire Station .0 v Bulk Fuel Storage v v Dump v v Shop /Storage Building V V Cemetery v v Dock v v Campground .0 +/ Generator Building V v Multi- purpose building V V Laundromat v v Water well/Septic v v Village Relocation v v Agriculture Project V V Sewage Lagoon V V Communication Site ' Road (.25') V V Trail (,25 ") v v Boardwalk v " v Powerline v v v Water /Sewer Line ' V v Pipeline .0 v Rev. 4/2008 Designated Legislative Grant Agreement Appendix E Page 1 of 1 Appendix F State Fire Marshal Review The Plan Review Process Construction, repair, remodel, addition, or change of occupancy of any building /structure, or installation or change of fuel tanks must be approved by the State Fire Marshal's Office before ANY work is started. Residential housing that is three -plex or smaller is exempt from this requirement. Exception: The following jurisdictions have accepted a deferral for total code enforcement and plans should be submitted directly to the city: Anchorage, Juneau, Fairbanks, Kenai, Seward, Kodiak, Sitka, and Soldotna Plans and specifications regarding the location of the building or structure on the property, area, height, number of stories, occupancy, type of construction, interior finish, exit facilities, electrical systems, mechanical systems, fuel storage tanks and their appurtenances, automatic fire - extinguishing systems, and fire alarm systems must be submitted by the owner or owner's representative to the State Fire Marshal for examination and approval. This review does not address structural considerations or accessibility requirements. Mechanical and electrical review is limited to that which is necessary to confirm compliance with fire and life safety requirements. A copy of the plan review approval certificate must be posted as required in 13 AAC 55.100(b). It is prohibited to occupy a building for which plans have not been examined and approved. 'f any work for which a plan review and approval is required has been started without first obtaining plan review and approval, an additional special processing plan review fee of $100 is charged for the first violation. The special processing plan review fee for a subsequent violation by the same person is an additional charge equal to the amount of the standard plan review fee for the project. Authority: AS 18.70.080 Alaska Administrative Code: 13 AAC 50.027 Rev 4/2008 Designated Legislative Grant Agreement Appendix F Page 1 of 1 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 18, 2008 REGULAR MEETING TITLE: Accepting the FY2009 Designated Legislative Grant #09 -DC -223, Area Wide School Supplies and Equipment and Authorizing the Manager to Enter Into an Agreement with the State of Alaska Department of Commerce Community and Economic Development. SUMMARY: The purpose of this action is to accept the legislative grant, FY2009 Designated Legislative Grant #09 -DC -223, Area wide School Supplies & Equipment in the amount of $130,000, from the State of Alaska Department of Commerce Community and Economic Development. FISCAL NOTES: Account No.: N/A Amount Budgeted: N/A Expenditure Required: N/A APPROVAL FOR AGENDA: ITEM NO: 13.D.3 RECOMMENDED MOTION: Move to accept the FY2009 Designated Legislative Grant #09- DC -223, Area Wide School Supplies and Equipment from the in the amount of $130,000 and authorize the manager to enter into an agreement with the State of Alaska Department of Commerce Community and Economic Development. OF 1^.0.e ry 9 4 "> T 4 v `• ° .L DEPARTMENT OF COMMERCE, COMMUNITY & ECONOMIC DEVELOPMENT DIVISION OF COMMUNITY & REGIONAL AFFAIRS Designated Legislative Grant Program Grant Agreement Grant Agreement Number 09 -DC -223 Amount of State Funds $130,000 Collocation Code(s) 21753521 Encumbrance Number /AR/Lapse Date / 4903 / 6/30/2013 Project Title Areawide School Supplies & Equipment Grantee , ' y . ep artment' Contact Person Name Kodiak Island Borough Name Jolene Julian Street /PO Box 710 Mill Bay Road Title Grants Administrator City /State /Zip Kodiak AK, 99615 Street/PO Box PO Box 110809 Contact Person Rick Gifford City/State /Zip Juneau, AK 99811 -0809 Phone 907 - 486 -9300 Fax Email 907 - 486 -9374 rgifford(akodiakak. us Phone 907 - 465 -4758 Fax 907 - 465 -5867 AGREEMENT The Alaska Department of Commerce, Community and Economic Development, Division of Community & Regional Affairs (hereinafter `Department') and Kodiak Island Borough (hereinafter `Grantee') agree as set forth herein. Section I. The Department shall pay the Grantee for the performance of the project work under the terms outlined in this agreement. The amount of the payment is based upon project expenses incurred, which are authorized under this Agreement. In no event shall the payment exceed $130,000. Section II. The Grantee shall perform all of the work required by this Agreement. Section III. The work to be performed under this agreement begins 04/13/08 and shall be completed no later than 6/30/13. Section IV. The agreement consists of this page and the following: ATTACHMENTS APPENDICES Attachment A: Scope of Work Appendix A: Audit Regulations 1. Project Description Appendix B: Audit Compliance Supplement 2. Project Budget Appendix B2: Indemnity and Insurance 3. Project Narrative Appendix C: State Laws and Regulations 4. Project Management /Reporting Appendix D: Special Requirements and Assurances for 5. Forms Packet Federally Funded Projects (if applicable) Attachment B: Payment Method Appendix E: Site Control Attachment C: Standard Provisions Appendix F: State Fire Marshal Review AMENDMENTS: Any fully executed amendments to this Agreement Grantee w f y ;�. f� � 'r7'.+, if, Signature Signature Printed Name and Title Jerome Selby, Mayor Printed Name and Title Gail Dabaluz, Grants Administrator III mate Date Reviewed by: Cost Category Grant Funds Total Project Cost Program Funds $130000 $130000 1. Project Description Attachment A Scope of Work The purpose of this FY 2009 Designated Legislative Grant in the amount of $130,000 [pursuant to the provisions of AS 37.05.315, SLA 2008, Chapter 29, Section 10, Page 56, and Line 6 -8] is to provide funding to the Kodiak Island Borough for use towards the Areawide School Supplies & Equipment No more than five percent (5 %) of the total grant award may be reimbursed for Administrative expenses for projects involving equipment purchase or repairs and no more than ten percent (10 %) of the total grant award may be reimbursed for Administrative expenses for all other projects. To be reimbursed for eligible administrative costs, expenses must be reported on the Designated Legislative Grant Financial /Progress Report form. 2. Project Budget 3. Budget Narrative The Grant Funds identified above will be used to complete the project described in the above Project Description. Rev. 4/2008 Designated Legislative Grant Agreement Attachment A Page 1 of 2 4. Project Management /Reporting This project will be managed by the Grantee. If the Grantee is a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Mayor. The Mayor may delegate signatory authority for executing the Grant Agreement and amendments to others within the City government via the Signatory Authority Form. The Mayor may also designate financial and progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the City government, unless otherwise approved by the Department. 5. Grant Forms Packet Rev 4 If the Grantee is not a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Chief Executive Officer (CEO). The CEO may delegate authority for executing the Grant Agreement and amendments to others within the Grantee's organization via the Signatory Authority Form. The CEO may also designate financial and performance progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the Grantee's organization unless otherwise approved by the Department. The Grantee must establish and maintain separate accounting for the use of this Grant. The use of Grant funds in any manner contrary to the terms and conditions of this Grant Agreement may result in the subsequent revocation of the grant and any balance of funds under the grant. It may also result in the Grantee being required to return such amounts to the State. The Grantee shall submit a Designated Legislative Grant Financial/Progress Report Form (see attached) each month, or quarterly, with the concurrence of the Department, during the life of the Grant Agreement. Grant Financial /Progress Report Forms are due fifteen (15) days after the end of the month or quarter being reported. The report period is the first of the month through the last day of the month. If quarterly reporting is approved, the report period is the first day of the first month through the last day of the third month of the quarter. The final Financial /Progress Reports must be submitted within thirty (30) days following completion of the project. Under no circumstances will the Department release funds to the Grantee unless all required reporting is current. The following page, which includes the Designated Legislative Grant Financial /Progress Report Form, is to be used by the Grantee for monthly /quarterly reporting. Additional copies of this form are available from the Department, electronically or in hard copy. Designated Legislative Grant Agreement Attachment A Page 2 oft 1. Advance/Reimbursement Payment Upon full execution of this Grant Agreement, a State treasury warrant in an amount not to exceed 20% of the amount in Section I may be released upon request. Additional State treasury warrants will be released on a reimbursement basis upon receiving and approving a Grantee's financial /progress reports. The Department will reimburse the Grantee for costs incurred during the reporting period, in accordance with this Grant Agreement. The Department will not reimburse without approved financial /progress reports, prepared and submitted by the Grantee on the form provided in Attachment A. Before approving the financial /progress report for payment, the Department may require the Grantee to submit documentation of the costs reported (e.g., vendor billings, signed timesheets, invoices). If cost reimbursement significantly inhibits the Grantee's ability to implement the project, the Department may advance to the Grantee an amount not to exceed a projected thirty (30) day cash need, or twenty percent (20 %) of the amount in Section I, whichever is less. Before the Department will issue an advance, the Grantee must submit a "Request for Advance Payment" form along with documentation of costs associated with the advance. The "Request for Advance Payment" form can be obtained from the Department electronically or in hard copy. All advances will be recovered with the Grantee's next Financial /Progress Report form. Should earned payments during the terms of this Grant Agreement be insufficient to recover the full amount of the advance, the Grantee will repay the unrecovered amount to the Department when requested to do so by the Department, or at termination of the Grant Agreement. 2. Withholding of Ten Percent (10 %) Rev, 4/2008 Attachment B Payment Method The Department may withhold ten percent (10 %) of the amount in Section I until the Department determines that the Grantee has satisfactorily completed the terms of this grant agreement, including all required reporting and submission-of photographs of the project. Designated Legislative Grant Agreement Attachment B- Municipality Page 1 of 1 Department of Commerce, Community and Economic Development Division of Community & Regional Affairs DESIGNATED LEGISLATIVE GRANT FINANCIAL/PROGRESS REPORT AND REQUEST FOR REIMBURSEMENT Grantee: Grant Number: Project Title: Report Number: Report Period: From: To: Note: Financial Report /Request for Reimbursement must include Progress Report narrative. Cost Category Authorized Budget Grant Expenditures This Period Total Grant Expenditures To Date Balance of Grant Funds Program Funds Administration Total This Report Current Advance Balance (if any) Total Grant Award Total Grant Expenditures This Period LESS Advance Recovered This Report (if any) LESS Total Grant Expenditures to Date 'T REIMBURSEMENT TO GRANTEE LESS Unrecovered Advance Balance (if any) Advance Balance Remaining (if any) TOTAL Grant Funds Remaining PROGRESS REPORT: Describe activities that occurred during this report period. Identify any problems you may be experiencing. Attach additional pages if necessary. Grantee Certification: I certify that the above information is true and correct, and that expenditures have been made for the purpose of and in accordance with, applicable grant agreement terms and conditions. DCCED STAFF USE Encumbrance #: Payment Amount: £thorized Signature Date GA Approval: DCCED Signature Date Name and Title ev. Article 1. Definition Article 2. Indemnification Article 3. Legal Authority Article 4. Waivers Article 6. Reports Rev.4 /2008 Attachment C Standard Provisions "Department" refers to the Department of Commerce, Community and Economic Development with the State of Alaska. It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of the Grant Agreement. The Grantee, its successors and assigns, will protect, save, and hold harmless the Department and the State of Alaska and their authorized agents and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the acts or omissions of the Grantee, its subcontractors, assigns, agents, contractors, licenses, invitees, employees, or any person whomever arising out of or in connection with any acts or activities authorized by this Grant Agreement. The Grantee further agrees to defend the Department and the State of Alaska and their authorized agents and employees in any litigation, including payment of any costs or attorney's fees for any claims or actions commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of the Department of the State of Alaska or their authorized agents or employees, provided, that if the claims or damages are caused by or result from the concurrent negligence of (a) the Department and the State of Alaska and their agents or employees, and (b) the Grantee, its agents or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee, or Grantee's agents or employees. The Grantee certifies that it possesses legal authority to accept grant funds under the State of Alaska and to execute the project described in this Grant Agreement by signing the Grant Agreement document. The Grantee's relation to the Department and the State of Alaska shall be at all times as an independent Grantee. No conditions or provisions of this Grant Agreement can be waived unless approved by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Grant Agreement, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such a breach, shall not constitute a waiver of any right under this Grant Agreement. Article 5. Access to Records The Department and duly authorized officials of the State of Alaska shall have full access and the right to examine, excerpt, or transcribe any pertinent documents, papers, records, and books of the Grantee, and of persons or organizations with which the Grantee may contract, involving transactions related to the project and this Grant Agreement. The Grantee, at such times and in such forms as the Department may require, shall furnish the Department with such periodic reports as it may request pertaining to the activities undertaken pursuant to this Grant Agreement, including the final close -out report, the costs and obligations incurred in connection therewith, and any other matters covered by this Grant Agreement. Article 7. Retention of Records The Grantee shall retain financial and other records relating to the performance of this Grant Agreement for a period of three years from the date when the final financial status report is submitted to the Department, or until final resolution of any audit findings, claims, or litigation related to the grant. Designated Legislative Grant Agreement Attachment C Page 1 of 6 Article 8. Assignability Article 10. Program Income Article 12. Recordkeeping The Grantee shall not assign any interest in this Grant Agreement and shall not transfer any interest in the same (whether by assignment or novation). Article 9. Financial Management and Accounting The Grantee shall establish and maintain a financial management and accounting system that conforms to generally accepted accounting principles. Program income earned during the award period shall be retained by the Grantee and added to the funds committed to the award and used for the purpose and under the conditions applicable to the use of award funds. Article 11. Amendments and Modifications The Grantee or the Department may request an amendment or modification of this Grant Agreement. However, such amendment or modification shall not take effect until approved, in writing, by the Department and the Grantee. The Grantee agrees to keep such records as the Department may require. Such records will include information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and income. They will also include information pertaining to project performance and efforts to comply with the provisions of the Grant Agreement. Article 13. Obligations Regarding Third -Party Relationships None of the Work specified in this Grant Agreement shall be contracted by the Grantee without prior approval of the Department. No permission for subcontracting shall create, between the Department or the State of Alaska and the subcontractor, any contract or any relationship. The Grantee shall remain fully obligated under the provisions of this Grant Agreement notwithstanding its designation of any third party or parties of the undertaking of all or any part of the project described herein. Any subcontractor that is not the Grantee shall be required by the Grantee to comply with all the provisions of this Grant Agreement. The Grantee shall bind all subcontractors to each and every applicable Grant Agreement provision. Each subcontract for work to be performed with funds granted under this Grant Agreement shall specifically include a provision that the Department and the State of Alaska are not liable for damages or claims from damages arising from any subcontractor's performance or activities under the terms of the subcontracts. Article 14. Conflict of Interest No officer or employee of the Department; no member, officer, or employee of the Grantee or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement. The Grantee shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this provision. Rev.4 /2008 Designated Legislative Grant Agreement Attachment C Page 2 of 6 Article 15. Political Activity Article 16. Notices No portion of the funds provided hereinunder shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. The Grantee shall comply with all public notices or notices to individuals required by applicable state and federal laws and shall maintain a record of this compliance. Article 17. Prohibition Against Payment of Bonus or Commission The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval or concurrence under this contract provided, however, that reasonable fees of bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. Article 18. Termination by Mutual Agreement This Grant Agreement may be terminated, in whole or in part, prior to the completion of contract project activities when both parties agree that continuation is not feasible or would not produce beneficial results commensurate with the further expenditure of funds. The Department will determine whether an environmental review of the cancellation is required under State and /or Federal law. The parties must agree on the termination conditions, including effective date and the portion to be terminated. The Grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Department shall make funds available to the Grantee to pay for allowable expenses incurred before the effective date of termination. Article 19. Termination for Cause If the Grantee fails to comply with the terms of this Grant Agreement, or fails to use the grant for only those purposes set forth herein, the Department may take the following actions: A. Suspension — After notice in writing by certified mail to the Grantee, suspend the grant and withhold any further payment or prohibit the Grantee from incurring additional obligations of grant funds, pending corrective action by the Grantee or a decision to terminate. Response must be received within fifteen (15) days of receipt of the written notice. B. Termination — Terminate the grant in whole or in part, at any time before the final grant payment is made. The Department shall promptly notify the Grantee in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Payments made to the Grantee or recoveries by the Department shall be in accordance with the legal rights and liabilities of the parties. Article 20. Withdrawal of Funds In the event funding from the state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant Agreement and prior to normal completion, the Department may terminate the agreement, reduce funding, or re- negotiate subject to those new funding limitations and conditions. A termination under this article shall be implemented under the same conditions as a termination under Article 19 of this Attachment. Article 21. Recovery of Funds In the event of a default or violation of the terms of the Grant Agreement by the Grantee, the Department may institute actions to recover all or part of the project funds paid to the Grantee. Repayment by the Grantee of grant funds under this recovery provision shall occur within thirty (30) days of demand. All remedies conferred on the Department by this agreement or any other instrument or agreement are cumulative, not exclusive, and may be exercised concurrently or consecutively at the Department's option. Rev.4 /2008 Designated Legislative Grant Agreement Attachment C Page 3 of 6 Article 22. Disputes Article 23. Jurisdiction Article 24. Ownership of Project /Capital Facilities Article 25. Site Control Article 26. Insurance Article 28. Governing law Rev.4 /2008 Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement that is not disposed of by mutual agreement shall be decided by the Department, which shall reduce its decision to writing and mail, or otherwise furnish a copy thereof, to the Grantee. The decision of the Department shall be fmal and conclusive. This "Disputes" clause does not preclude the consideration of questions of law in connection with the decision provided for in the preceding paragraph provided that nothing in the Grant Agreement shall be construed as making final the decisions of any administrative official, representative, or board on a question of law. This Grant Agreement shall be governed by the laws and statutes of the State of Alaska. The venue of any suit hereunder may be in the Superior Court for the First Judicial District, Juneau, Alaska. The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Grant Agreement and, by this grant of funds, does not and will not acquire any ownership interest or title to such property of the Grantee. The Grantee shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the Department and the State of Alaska harmless from any and all causes of action arising from the ownership and operation of the project. If the grant project involves the occupancy and use of real property, the Grantee assures that it has the legal right to occupy and use such real property for the purposes of the grant, and further that there is legal access to such property. The Grantee is responsible for obtaining any necessary liability insurance. In addition, the Grantee shall provide and maintain Workers' Compensation Insurance as required by AS 23.30 for all employees engaged in work under this Grant Agreement. The Grantee shall require any contractor to provide and maintain Workers' Compensation Insurance for its employees as required by AS 23.30, The Grantee shall require any contractor hired to work on the project be licensed, bonded and insured for at least the amount of the project and if appropriate provide and maintain Professional Liability Insurance. Article 27. Subcontracts for Engineering Services In the event that the Grantee subcontracts for engineering services, the Grantee will require that the engineering firm certify that it is authorized to do business in the State of Alaska. In the event that the engineering firm is also the project administrator, the Grantee shall require that the bond or insurance shall be for not less than the amount of the entire project. This Grant Agreement is governed by the laws of the State of Alaska. The Grantee shall perform all aspects of this project in compliance with the appropriate laws and regulations. It is the responsibility of the Grantee to ensure that all permits required for the construction and operation of this project by the Federal, State, or Local governments have been obtained. Designated Legislative Grant Agreement Attachment C Page 4 of 6 Article 29. Budget Flexibility Article 31. Public Purposes Notwithstanding the provisions of Article 11, Attachment C, the Grantee may revise the project budget in Attachment A without a formal amendment to this agreement. Such revisions are limited within each line item to a maximum of ten percent (10 %) of the line item or $10,000, whichever is less, over the entire term of this agreement. Such budget revisions shall be limited to changes to existing budget line items. Budget revisions may not be used to increase any budget item for project administrative expenses. Changes to the budget beyond the limits authorized by this provision may only be made by a formal amendment to this agreement. Article 30. Equal Employment Opportunity (EEO) Article 33. Assurance The Grantee may not discriminate against any employee or applicant for employment because of race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood. The Grantee shall post in a conspicuous place, available to employees and applicants for employment, a notice setting out the provisions of this paragraph. The Grantee shall state, in all solicitations or advertisements for employees to work on state funded projects, that it is an equal opportunity employer (EEO) and that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood. The Grantee shall include the provisions of this EEO article in every contract relating to this Grant Agreement and shall require the inclusion of these provisions in every agreement entered into by any of its contractors, so that those provisions will be binding upon each contractor or subcontractor. The Grantee agrees that the project to which this Grant Agreement relates shall be dedicated to public purposes for its useful life. The benefits of the project shall be made available without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood. If the Grantee is a non - municipal entity and if monies appropriated under this grant constitute the sole or principal funding source for the acquisition of equipment or facilities, the Grantee agrees that in the event a municipal corporation is formed which possesses the power and jurisdiction to provide for such equipment or facilities, the Grantee shall offer, without compensation, to transfer ownership of such equipment or facilities to the municipal corporation. If the Grantee is a non -profit corporation that dissolves, the assets and liabilities from the grant project are to be distributed according to statutory law, AS 10.20.290- 10.20.452. Article 32. Operation and Maintenance Throughout the life of the project, the Grantee shall be responsible for the operation and maintenance of any facility, equipment, or other items acquired under this grant. The Grantee shall spend monies awarded under this grant only for the purposes specified in this Grant Agreement. Article 34. Current Prevailing Rates of Wage Certain grant projects are constrained by the provisions of AS 36. PUBLIC CONTRACTS. To the extent that such provisions apply to the project which is the subject of this Grant Agreement, the Grantee shall pay the current prevailing rates of wage to employees as required by AS 36.05.010. The Grantee also shall require any contractor to pay the current prevailing rates of wage as required by AS 36.05.010. Rev.4 /2008 Designated Legislative Grant Agreement Attachment C Page 5 of 6 Article 35. Severability Article 36. Performance If any provision under this Grant Agreement or its application to any person or circumstance is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the contract agreement which can be given effect without the invalid provision. The Department's failure to insist upon the strict performance of any provision of the Grant Agreement or to exercise any right based upon breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this Grant Agreement. Article 37. Sovereign Immunity If the Grantee is an entity which possesses sovereign immunity, it is a requirement of this grant that the Grantee irrevocably waive its sovereign immunity with respect to state enforcement of this Grant Agreement. The waiver of sovereign immunity, effected by resolution of the entity's governing body, is herein incorporated into this Grant Agreement. Article 38. Audit Requirements Article 39. Close -Out Rev.4/2008 The Grantee shall comply with the audit requirements established by 02 AAC 45.010, set forth in Appendix A of this Grant Agreement. The Department will advise the Grantee to initiate close -out procedures when the Department determines, in consultation with the Grantee, that there are no impediments to close -out and that the following criteria have been met or soon will be met: A. All costs to be paid with grant funds have been incurred with the exception of close -out costs and any unsettled third -party claims against the Grantee. Costs are incurred when goods and services are received or contract work is performed. B. The last required performance report has been submitted. The Grantee's failure to submit a report will not preclude the Department from effecting close -out if it is deemed to be in the State's interest. Any excess grant amount that may be in the Grantee's possession shall be returned by the Grantee in the event of the Grantee's failure to fmish or update the report. C. Other responsibilities of the Grantee under this Grant Agreement and any close -out agreement and applicable laws and regulations appear to have been carried out satisfactorily or there is no further State interest in keeping the grant open for the purpose of securing performance. Article 40. Americans with Disabilities Act The Americans with Disabilities Act (ADA) prohibits discrimination against persons with disabilities. Title I of the ADA prohibits discrimination against persons with disabilities in employment and provides that a reasonable accommodation be provided for applicants and employees. Title II of the Act prohibits public agencies from discriminating against individuals with disabilities in the provision of services, programs, or activities. Reasonable accommodation must be made to ensure or allow access to all services, programs, or activities. This section of the Act includes physical access to public facilities and requires that public entities must, if necessary, make modifications to their facilities to remove physical barriers to ensure access by persons with disabilities. All new construction must also be accessible to persons with disabilities. A public entity's subgrantees or contractors must also comply with the ADA provisions. Grantees are responsible for assuring their compliance with the ADA. Designated Legislative Grant Agreement Attachment C Page 6 of 6 2 AAC 45.010. AUDIT REQUIREMENTS (a) A state agency that enters into a financial assistance agreement to provide financial assistance to an entity shall, in coordination with any other state agencies providing financial assistance to that entity, require that entity to submit to the department an audit of the recipient entity if that entity is subject to an audit under this section. The audit must be conducted and submitted as described in this section. In order to ensure compliance with this subsection, a state agency must include the audit requirements of this section must be contained in any financial assistance agreement subject to this subsection. (b) An entity that expends financial assistance with a cumulative total of $500,000 or more during the entity's fiscal year shall submit an audit report for the audit period to the department, by (1) the earlier of (a) 30 days after the entity receives its audit report for the audit period; or (b) nine months after the end of the audit period; or (2) a later date than the date calculated under (1) of this subsection, if (a) the state agency that provides the financial assistance agrees to the change of date; and (b) the agreement under (a) of this paragraph is made in (i) writing; and (ii) advance of the date calculated under (1) of this subsection. An audit required by this section must be conducted by an independent auditor, according to the following audit standards effective at the time of review for the audit period: (1) Government Auditing Standards, July 2007 Revision adopted by the comptroller general of the United States, and adopted by reference; (2) Generally accepted auditing standards, as accepted by the American Institute of Certified Public Accountants in the Codification of Statements on Auditing Standards in effect as of January 1, 2007 for the type of entity being audited, adopted by reference; (3) State of Alaska Audit Guide and Compliance Supplement for State Single Audits, May 2007 revision, including Appendix A dated March 31, 2008 prepared by the department, adopted by reference. (d) An audit required under this section must report on the following: (1) The system of internal controls of the entity and the auditor's identification of significant deficiencies and material weaknesses of the entity, using the applicable standards set out in (c) of this section; (2) the entity's compliance with applicable state statutes and regulations and applicable financial assistance agreements affecting the expenditure of the financial assistance; the report must identify findings and known questioned costs that exceed $5,000 in the aggregate for all transactions of expenditures tested for the financial assistance being audited; (3) the entity's financial statements; (4) the schedule of state financial assistance; and (5) the schedule of findings and questioned costs. (e) As part of an audit report required under this section, a recipient must provide (1) written comments on any (A) findings; (B) known questioned costs; (c) significant deficiencies, including material weaknesses; and (D) recommendations contained in the audit report; (2) the entity's plan for corrective action, if any findings are identified or any recommendations are made in the audit report; (3) the status of the entity's implementation of any plans for corrective actions related to (A) the audit reports required under this section for the fiscal year before the audit period; and (B) unresolved findings of audit reports required by this section for audit periods before those specified in (A) of this paragraph; and (4) a written explanation of the reasons why corrective action will not be taken if the entity does not intend to take corrective action on the findings and recommendations in any audit report required by this section. (c Appendix A Audit Regulations CHAPTER 45. GRANT ADMINISTRATION (f) An audit report required under this section need not evaluate the effectiveness of a program funded by state financial assistance. However, a program evaluation or financial monitoring may be conducted by the state agency or requested of the entity by the state agency that entered into the financial assistance agreement. Rev. 3/2008 Designated Legislative Grant Agreement Appendix A Page 1 of 3 (g) An audit required by this section must cover the entire operations of the entity. h) An entity shall provide the department with sufficient copies of each audit report to allow submission of a copy to each state agency providing financial assistance to the entity. The department will determine if auditing standards have been met and will forward a copy of the audit to the appropriate state agencies. The department will coordinate the assignment of the resolution to one state agency, if the exceptions concem more than one state agency. The applicable state agency providing financial assistance to the entity must meet its responsibilities under other law for ensuring compliance with the audit report. (i) (1) Unless additional audit requirements are imposed by state or federal law, a state agency that provides financial assistance to an entity shall accept the audit required by this section in satisfaction of any other audit requirement. If additional audit work is necessary to meet the needs of a state agency, the audit work must be based on audits required by this section. Nothing in this subsection authorizes a state agency to seek payment from the entity for the additional audit work. (j) A third party that receives financial assistance through an entity, in an amount described in this section, is subject to the applicable requirements of this section. An entity that disburses $500,000 or more in state financial assistance to a third party shall ensure that the third party complies with the requirements of this section. That entity shall also ensure that appropriate corrective action is taken within six months after a third party's noncompliance with an applicable state statute or regulation, or financial assistance agreement, is disclosed. (k) Repealed 7/1/98. For purposes of this section, if an entity has not identified its fiscal year, that entity's fiscal year is July 1 through June 30. (m) Financial assistance in the following form is not included when calculating whether an entity meets the threshold monetary requirement under (b) of this section: (1) state revenue sharing and municipal assistance money provided under AS 29.60.010 - 29.60.375; (2) Repealed 3/31/2008. (3) aviation fuel tax money provided under AS 43.40.010; (4) electric and telephone cooperative gross revenue tax refunds provided under AS 10.25.570; (5) alcoholic beverage license fee refunds provided under AS 04.11.610; (6) fisheries tax refunds provided under AS 43.75.130 and AS 43.77.060; (7) PERS /TRS relief funding under money appropriated to pay employer unfunded liability attributable to the entity under AS 14.25 and AS 39.35. (n) Financial assistance in a form listed in (m) of this section is not exempt from compliance testing if the entity meets the threshold monetary requirement under (b) of this section. (o) Repealed 7/1/98. History — Effective 8/1/85, Register 95; am 6/29/90, Register 114; am 7/1/98, Register 146; am 3/31/2008, Register 185. Authority: AS 37.05.020 AS 37.05.030 AS 37.05.190 2 AAC 45.060. EXTERNAL QUALITY REVIEW OF AUDIT ORGANIZATION Repealed. History — Effective 7/1/98, Register 146; repealed 3/31 /2008, Register 185. 2 AAC 45.070. APPLICABILITY (a) The amended version of this chapter, effective March 31, 2008, applies to an audit for an audit period that begins or continues after March 31, 2008. (b) An entity may agree to be subject to the provisions of the amended version of this chapter, effective March 31, 2008, for an audit period beginning on or after July 1, 2007 and ending on or before March 30, 2008, by voluntarily submitting (1) an audit that complies with those provisions; or (2) a statement that an audit is not required under provisions of 2 AAC 45.010(b). History — Effective 7/1/98, Register 146; am 3/31/2008, Register 185. Rev. 3/2008 Designated Legislative Grant Agreement Appendix A Page 2 of 3 Authority: AS 37.05.020 AS 37.05.030 AS 37.05.190 2 AAC 45.080. EXEMPTIONS FROM FINANCIAL ASSISTANCE (a) For purposes of this chapter, "financial assistance" does not include the following: (1) public assistance provided under AS 47; (2) goods or services purchased for the direct administration or operation of state government; (3) moneys advanced to an entity under one or more state loan programs; (4) power cost equalization payments made to an electric cooperative on behalf of its customers; (5) scholarships, loans, or other tuition aid provided to students, but paid to an education institution on their behalf. (b) In addition to the exemptions set out in (a) of this section, for a third party, "fmancial assistance" does not include goods purchased from the third party for direct administration or operation of the entity that received financial assistance. History- Effective 7/1/98, Register 146. Authority: AS 37.05.020 AS 37.05.030 AS 37.05.190 2 AAC 45.090. DEFINITIONS For purposes of this chapter, unless the context otherwise requires, (1) "audit period" means the entity's fiscal year in which the entity expended financial assistance; (2) "entity" does not include (A) the University of Alaska or any other state agency; (B) a for - profit entity; and (c) a non United States based entity; (3) "financial assistance" means state grants, contracts, provider agreements, cooperative agreements, and all forms of state financial assistance to an entity; "financial assistance" includes all forms of state financial assistance provided through an entity to a third party; (4) "known questioned costs" means those questioned costs specifically identified by the auditor in the audit conducted under this chapter; (5) Repealed 3/31/2008; (6) "department" means the Department of Administration; (7) "significant deficiencies" has the meaning given in Section 5.11a. of the Government Auditing Standards adopted by reference in 2 AAC 45.010(c). History — Effective 7/1/98, Register 146; am 3/31/2008, Register 185. Authority: AS 37.05.020 AS 37.05.030 AS 37.05.190 Rev. 3/2008 Designated Legislative Grant Agreement Appendix A Page 3 of 3 1. Program Objectives Authorized under Alaska Statute 37.05.315, 37.05.316, 37.05.317, these grants are made at the discretion of the Legislature, The Grants are designated by the Legislature to provide for a specific project or activity to a specific entity. 2. Program Procedures Following enactment of the authorizing legislation, the Department then executes a grant agreement according to the appropriate statute with the entity and specifies the project to be undertaken. 3. Compliance Requirements and Suggested Audit Procedures There are no specific grant regulations governing the administration of these grants. All compliance requirements and suggested audit procedures must be based upon specific provisions of the grant agreement. A. TYPES OF SERVICES ALLOWED AND UNALLOWED Compliance Requirement • Grant funds can be expended for a variety of purposes as provided for in the authorizing legislation and as specified in the grant agreement. Suggested Audit Procedures • Test expenditures and related records, B. Eligibility • The auditor is not expected to make tests for recipient eligibility C. Matching Level of Effort Compliance The Grantee is required to submit monthly or quarterly financial and progress reports, as specified in the Grant Agreement. Compliance Requirement • Any matching, level of effort and/or earmarking requirements will be identified and established in the grant agreement. Suggested Audit Procedures • As appropriate, review the grant agreement, identify the types and amounts of match required and review the grantees accounting records to verify that the amount of match reported was provided. D. Reporting Requirements Compliance Requirement • The grant agreement will specify the reporting requirements to which the grantee must adhere to. Suggested Audit Procedures • Examine copies of reports and determine completeness, accuracy, and timeliness of submission • Trace data in selected reports to underlying documentation E. Special Tests and Provisions Rev. 4/2008 Appendix B Audit Compliance Supplement Designated Legislative Capital Grant Program Compliance Requirement • The grant agreements often contain specific provisions to which the grantee is to adhere. Suggested Audit Procedures • Review the grant agreement, identify special provisions or requirements and verify that they were met. Designated Legislative Grant Agreement Appendix B Page 1 of I Article 1. Indemnification Article 2. Insurance Rev. 4/2008 Appendix B2 Indemnity and Insurance The contractor (Grantee) shall indemnify, save harmless and defend the state, its officers, agents and employees from all liability, including costs and expenses, for all actions or claims resulting from injuries or damages sustained by any person or property arising directly or indirectly as a result of any error, omission or negligent act of the contractor, subcontractor or anyone directly or indirectly employed by them in the performance of this contract. All actions or claims including costs and expenses resulting from injuries or damages sustained by any person or property arising directly or indirectly from the contractor's performance of this contract which are caused by the joint negligence of the state and the contractor shall be apportioned on a comparative fault basis. Any such joint negligence on the part of the State must be a direct result of active involvement by the State. Without limiting contractor's indemnification, it is agreed that the contractor shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the contractor's policy contains higher limits, the State shall be entitled to coverage to the extent of such higher limits. Certificates of Insurance must be furnished to the Contracting Officer prior to beginning work and must provide for a thirty (30) day prior notice of cancellation, non - renewal or material change. Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach and grounds for termination of the contractor's services. 2.1 Workers' Compensation Insurance: The contractor shall provide and maintain, for all employees of the contractor engaged in work under this contract, Workers' Compensation Insurance as required by AS 23.30.045. The contractor shall be responsible for Workers' Compensation Insurance for any subcontractor who directly or indirectly 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 is not Less than $100,000.00 per occurrence. Where applicable, coverage for all federal acts (i.e. USL & H and Jones Acts) must also be included. 2.2 Comprehensive (Commercial) General Liability Insurance: With coverage limits not less than $300,000.00 combined single limit per occurrence and annual aggregates where generally applicable and shall include premises- operations, independent contractors, products /completed operations, broad form property damage, blanket contractual and personal injury endorsements. 2.3 Comprehensive Automobile Liability Insurance: Covering all owned, hired, and non -owned vehicles with coverage limits not less than $100,000.00 per person/$300,000.00 per occurrence bodily injury and $50,000.00 property damage. 2.4 Professional Liability Insurance: Covering all errors, omissions or negligent acts of the contractor, subcontractor or anyone directly or indirectly employed by them, made in the performance of this contract which result in financial loss to the State. Limits required are per the following schedule: Contract Amount Minimum Required Limits Under $100,000 $100,000 - $499,999 $500,000 - $999,999 $1,000,000 or over $100,000 per occurrence /annual aggregate $250,000 per occurrence /annual aggregate $500,000 per occurrence /annual aggregate Negotiable - Refer to Risk Management Designated Legislative Grant Agreement Appendix B2 Page I of I Municipality Public Facility Operations and Maintenance —AS 37.05.315(c) In accepting a grant under AS 37.05.315 for construction of a public facility, a municipality covenants with the State that it will operate and maintain the facility for the practical life of the facility and that the municipality will not look to the State to operate or maintain the facility or pay for its operation or maintenance. This requirement does not apply to a grant for repair or improvement of an existing facility operated or maintained by the State at the time the grant is accepted if the repair or improvement for which the grant is made will not substantially increase the operating or maintenance costs to the State. Restriction on Use—AS 37.05.321 A grant or earnings from a grant under AS 37.05.315 - 37.05.317 may not be used for the purpose of influencing legislative action. In this section "influencing legislative action" means promoting, advocating, supporting, modifying, opposing, or delaying or seeking to do the same with respect to any legislative action but does not include the provision or use of information, statistics, studies, or analyses in written or oral form or format. A grant or earnings from a grant made under AS 37.05.315 - 37.05.317 may not be used for purposes of travel in connection with influencing legislative action unless pursuant to a specific request from a legislator or legislative committee. Hiring Preferences —AS 36.10 This chapter of the Alaska Statutes applies to grants for public works projects and requires compliance with the hiring preferences under AS 36.10.150 — 36.10.175 for employment generated by the grant. Historic Preservation Act—AS 41.35 This chapter of the Alaska Statutes applies to public construction of any nature undertaken by the State, or by a governmental agency of the State, or by a private person under contract with or licensed by the State or a governmental agency of the State. The Department of Natural Resources must be notified if the construction is planned for an archaeological site. The department may stop the construction to determine the extent of the historic, prehistoric, or archaeological values. Fire Protection —AS 18.70 Environmental Conservation —AS 46.03 Rev.4 /2008 Appendix C State Laws and Regulations This chapter of the Alaska Statutes requires the Department of Public Safety (the State Fire Marshal) to adopt regulations (currently in the form of Uniform Fire Code, as amended) establishing minimum standards for: 1. Fire detection and suppression equipment; 2. Fire and life safety criteria in commercial, industrial, business, institutional, or other public buildings used for residential purposes containing four or more dwelling units; 3. Any activity in which combustible or explosive materials are stored or handled in commercial quantities; 4. Conditions or activities carried on outside a building described in (2) or (3) likely to cause injury to persons or property. This chapter of the Alaska Statutes applies to municipalities and could subject them to enforcement actions instituted by the Alaska Department of Environmental Conservation for air, land and water nuisances, and water and air pollution in a municipality of 1,000 or more, and may establish a local air pollution control program. Designated Legislative Grant Agreement Appendix C Page I of 2 Alaska Coastal Management Program -AS 46.40 This chapter of the Alaska Statutes establishes a planning program for the use, management, restoration, and enhancement of the overall quality of the coastal environment. The law provides for the creation of coastal resource districts and the establishment, review, and approval of district management plans. If a district management plan is not implemented, enforced, or complied with, enforcement action may follow. Permits and Environmental Procedures Coordination -AS 46.35 This chapter of the Alaska Statutes establishes the Department of Environmental Conservation as the central state agency for processing environmental permits issued by State agencies. The law requires a master application form and specifies the following permits including others designated by the commissioner to which this law applies: Access Roads Permit-AS 41.21.020, 11 AAC 12.020 Air Emissions Permit-AS 46.14.140, 18 AAC 50.030 Anadromous Fish Protection Permit-AS 16.05.870, 5 AAC 95.010 Authorization for Tidelands Transportation -AS 38.05.035, 11 AAC 51.015 Brine or Other Salt Water Waste Disposal Permit -AS 31.05.030, 20 AAC 22.252 Burning Permit during Fire Season -AS 41.15.060, 11 AAC 95.410 Coal Development Permit-AS 27.21.030, 11 AAC 85.110 Critical Habitat Area Permit-AS 16.20.510, 05 AAC 95.420 Dam Construction Permit-AS 46.17.040, 11 AAC 93.171 Driveway Permit-AS 19.05.040, 17 AAC 10.020 Encroachment Permit-AS 19.25.200, 17 AAC 10.012 Limited Personal Use Permit-AS 38.05.820, 11 AAC 62.010 Miscellaneous State Land Use Permit -AS 38.05.035, 11 AAC 96.010 Mineral and Geothermal Prospecting Permits -AS 38.05.181, 11 AAC 82.100 Open Burning Permit-AS 46.03.020, 18 AAC 50.065 Permit for Use of Timber or Materials -AS 38.05.110, 11 AAC 71.025 Permit to Appropriate Water -AS 46.15.040, 11 AAC 93.120 Pesticides Permit-AS 46.03.320, 18 AAC 90.300 Preferred Use Permit-AS 46.15.150, 11 AAC 93.240 Right -of -Way and Easement Permits -AS 38.05.850, 11 AAC 58.740 Solid Waste Disposal-AS 46.03.100, 18 AAC 60.200 Special Land Use Permit-AS 38.05.035, 11 AAC 58.210 Special Material Use Permit-AS 38.05.115, 11 AAC 71.025 State Game Refuge Land Permit-AS 16.20.050 - 16.20.060 State Park Incompatible Use Permit-AS 41.21.020, 11 AAC 18.010 Surface Oiling Permit-AS 46.03.740, 18 AAC 75.700 Surface Use Permit-AS 38.05.255, 11 AAC 86.600 Tide and Submerged Lands Prospecting Permit-AS 38.05.250, 11 AAC 62.700 Tidelands Permit-AS 38.05.035, 11 AAC 62.720 Tidelands Right -of -Way or Easement Permit -AS 38.05.820, 11 AAC 62.720 Utility Permit-AS 19.25.010, 17 AAC 15.011 Waste Water Disposal Permit-AS 46.03.100, 18 AAC 72.010 Water Well Permit-AS 31.05.030, 11 AAC 93.140 Rev.4 /2008 Designated Legislative Grant Agreement Appendix C Page 2 of 2 Appendix D Special Requirements and Assurances for Federally Funded Projects Federal grant requirements are not applicable to the Designated Legislative Capital Grant program. Rev. 4/2008 Designated Legislative Grant Agreement Appendix D Page 1 of 1 Appendix E Site Control 1. Site Control The Grantee must provide evidence of site control for a project that involves any use of land, including but not limited to, construction, renovation, utility projects, fuel storage, roads and trails. As a minimum requirement, the Grantee should obtain a "sufficient interest" that allows the Grantee the right to use and occupy the site for the expected useful life of the building, structure or other improvement. Generally, the interest obtained should be for at least 20 years. A sufficient interest depends upon the nature of the project and the land status of the site. Site control options are identified in Section 2. For a project planned on land that is controlled by a public agency, the Grantee must obtain whatever authorization for use that is required by the public agency. 2. Site Control Options Below are some examples of documents that may be used to satisfy site control requirements for various community facilities /projects. The terms and conditions contained in each document must be examined to determine adequacy for a specific project. Deed Lease Easement Use Permit License Community Hall v v Clinic v v Fire Station v v Bulk Fuel Storage v v Dump v v Shop /Storage Building v v Cemetery v v Dock v v Campground v v Generator Building v v Multi- purpose building v v Laundromat v v Water well/Septic v v v Village Relocation v v v v Agriculture Project v v Sewage Lagoon v v Communication Site v v Road (.25') v v Trail (,25 ") v v Boardwalk v v v Powerline v v v Water /Sewer Line v v v Pipeline v v v Rev. 4/2008 Designated Legislative Grant Agreement Appendix E Page 1 of 1 Appendix F State Fire Marshal Review The Plan Review Process Construction, repair, remodel, addition, or change of occupancy of any building /structure, or installation or change of fuel tanks must be approved by the State Fire Marshal's Office before ANY work is started. Residential housing that is three -plex or smaller is exempt from this requirement. Exception: The following jurisdictions have accepted a deferral for total code enforcement and plans should be submitted directly to the city: Anchorage, Juneau, Fairbanks, Kenai, Seward, Kodiak, Sitka, and Soldotna Plans and specifications regarding the location of the building or structure on the property, area, height, number of stories, occupancy, type of construction, interior finish, exit facilities, electrical systems, mechanical systems, fuel storage tanks and their appurtenances, automatic fire- extinguishing systems, and fire alarm systems must be submitted by the owner or owner's representative to the State Fire Marshal for examination and approval. This review does not address structural considerations or accessibility requirements. Mechanical and electrical review is limited to that which is necessary to confirm compliance with fire and life safety requirements. A copy of the plan review approval certificate must be posted as required in 13 AAC 55.100(b). It is prohibited to occupy a building for which plans have not been examined and approved. If any work for which a plan review and approval is required has been started without first obtaining plan review and approval, an additional special processing plan review fee of $100 is charged for the first violation. The special processing plan review fee for a subsequent violation by the same person is an additional charge equal to the amount of the standard plan review fee for the project. Authority: AS 18.70.080 Alaska Administrative Code: 13 AAC 50.027 Rev 4/2008 Designated Legislative Grant Agreement Appendix F Page 1 of 1 TITLE: SUMMARY: Staff recommends approval. FISCAL NOTES: Account No.: N/A Amount Budgeted: N/A Expenditure Required: N/A APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 18, 2008 REGULAR MEETING Assembly Approval of the Vacation of a 20 Foot Wide Portion of a Utility Easement in Accordance With KIBC 16.60.060 Along the West Side Lot Line of Lot 13, Woodland Acres Subdivision, 1 Addition. The commission granted approval of a preliminary plat where the applicant desires to eliminate a 20 -foot wide utility easement and construct an addition on to his existing structure. He has contacted the various potential users of the utility easement and they have expressed non - objection to this vacation. Because there is a vacation of a utility easement involved, KIBC 16.60.060 requires assembly review and approval. If approved, the applicant will submit a final plat that meets KIBC code requirements. ITEM NO: 13.D.4 RECOMMENDED MOTION: Move to approve the vacation of a 20 foot wide portion of a utility easement in accordance with KIBC 16.60.060 along the west side lot line of Lot 13, Woodland Acres Subdivision, 1s Addition. Block 1, Bells Flats Alaska Subdivision. The motion was SECONDED by COMMISSIONER PURDY. The question was called, and it CARRIED 5 -0. COMMISSIONER JANZ MOVED to grant approval of a vacation of a 20 foot wide utility easement, according to KIBC 19.60.060, subject to review and approval by the Borough Assembly at their next meeting. The motion was SECONDED by COMMISSIONER WATKINS. The question was called and it CARRIED 5 -0. B. Case S09 -002. Request preliminary approval, according to KIBC 16.60, of the vacation of a 10 -foot portion of a utility easement along the side lot line of Lot 13, Woodland Acres Subdivision, 1 Addition, per the submitted sketch plan. The applicant is John Klemzak. The location is 309 Bay Circle and it is zoned is RR1 -Rural Residential One. Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to grant preliminary approval of a vacation, according to KIBC 16.60, of a 20 -foot portion of an undeveloped utility easement along the side lot line of Lot 13, Woodland Acres Subdivision, 1st Addition, as shown on the attached sketch map submitted by the petitioner with this request, subject to two (2) conditions of approval, and to adopt the findings in the staff report dated August 11, 2008 as findings of fact in this case. The motion was SECONDED by COMMISSIONER JANZ. CONDITIONS OF APPROVAL 1. The vacation must be forwarded to the Kodiak Island Borough Assembly for review prior to final approval. 2. The petitioner must submit an abbreviated plat depicting the approved vacation in order to complete the easement vacation process. FINDINGS OF FACT 1. This request meets the minimum data required per Kodiak Island Borough Code 16.60, generally. 2. This request for vacation does not unduly diminish the public's interests. 3. This request for vacation does not unduly prejudice surrounding private property interests. The question was called and it CARRIED 5 -0. C. Case S09 -004. Request preliminary approval, according to KIBC 16.60, of the vacation of a 15 -foot portion of the Hillcrest Drive right -of -way to be incorporated into the adjoining Lot 10, Alder - Natalia Subdivision per the submitted sketch plan. The applicant is Alicia Drabek, and the agent is Tony Drabek. The location is 107 Natalia Way and it is zoned R3 -Multi Family Residential. Cassidy gave a brief staff report. COMMISSIONER PURDY MOVED to grant preliminary approval of a vacation, according to KIBC 16.60, of a 15 -foot portion of the Hillcrest Drive right -of -way as shown on the attached map /as -built survey submitted with this request, subject to two (2) conditions of approval, and to adopt the findings in the staff report dated August 11, 2008 as findings of fact in this case. The motion was SECONDED by COMMISSIONER WATKINS. Tony Drabek, agent, spoke in support of this request. P&Z Minutes August 20, 2008 Page 2 of 5 Cu rre nt Zan inc9 Agent: John Klemzak Request: An easement vacation , according - to KIBC 16 .60, to vacate a 20-foot wide portion of a :utility easement-located long the west side lot line of '.Lot 13, Woodland Acres Subdivision, 1st Addition .st: r Legend Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone N S Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up- to-date. Kodiak Island Borough Community Development Department. Current Location P & Case # U9=0D2 John 4 lemzak Request: An ease rnent vacation, accord i -to KIBC y1660, to vacate a 20-loot wide :portion of e ,utility easement rlocated along :the west side lot line of _Lot 13, Woodland Acres Subdivision, 1st Addition, Legend Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to -date. Kodiak Island Borough Community Development Department. DATE: August 11, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Information for the August 20, 2008 Regular Meeting CASE: S09 -002 APPLICANT: John Klemzak REQUEST: An easement vacation, according to KIBC 16.60, to vacate a 20- foot wide portion of a utility easement located along the side lot line of Lot 13, Woodland Acres Subdivision, 1 Addition, per the submitted sketch plan. LOCATION: 309 Bay Circle ZONING: RR1- Single- family Residential Thirty -one (31) public hearing notices were mailed on July 9, 2008. 1. Minimum lot size: 20,000 Square Feet Compliance: Yes 2. Minimum lot width: 80 Feet Compliance: Yes 3. Existing land use(s): Single- family Residential 4. Existing structures on the property: Yes Single- family Dwelling Compliance with setbacks: Yes (See Comments) Compliance with other zoning regulations: Yes Encroachments: Yes (See Comments) 5. Topography: Moderately sloping Provides good building sites: Yes Provides good parking areas: Yes Allows driveway construction to meet maximum slope requirement: Yes 6. Physical Features: Wetlands, streams, drainage courses: N/A Need for driveway /access restrictions: N/A Adequate line of sight: N/A Adequate access for additional traffic volume: N/A Case S09- 002 /Staff Report MEMORANDUM Public Hearing Item VI -B Page 1 of 5 P & Z: August 20, 2008 Adequate access from a safety standpoint: N/A Neighborhood character: Low Density Residential Double frontage Tots: N/A Flag lots: N/A Adequate access for fire apparatus: N/A Utility installation meets Title 13: N/A Common wall or zero -lot line: No Frontage on dedicated public right -of -way: Yes Other road and utility improvements required before final approval: No 7. Existing Plat Restrictions: No Compliance: Yes APPLICABLE CODE PROVISIONS Per Kodiak Island Borough Code 16.20.100 Easement. An interest in land owned by another that entitles the easement holder to a specified limited use or enjoyment. Per Kodiak Island Borough Code 16.20.260 — Vacation. The act of making legally void any right -of -way, easement, public area, or other public interest. Per Kodiak Island Borough Code 16.20.160 Plat. A map or chart of a surveyed subdivision of land. A. Sketch. An informal plan or sketch drawn to scale and in pencil, if desired, showing the existing features of a site and its surroundings and the general layout of a proposed subdivision. B. C. Per Kodiak Island Borough Code 16.60.010 — Generally. The commission shall consider the merits of each vacation request and in all cases the commission shall deem [italics added] the area being vacated to be of value to the borough or a city unless proven otherwise. The burden of proof shall lie entirely with the petitioner. Per Kodiak Island Borough Code 16.60.030 — Required application. In submitting a vacation application, the applicant shall submit the following items to the community development department director by the deadline established for the commission agenda (the Friday after the regular monthly meeting) to be considered at the next regular meeting. A. A written statement containing reasons in support of the vacation. B. A map illustrating the area to be vacated. The map must also show the outer boundary of the property receiving the benefit of the dedication and the location of all known public improvements within the area being vacated. Case S09- 002 /Staff Report Public Hearing Item VI -B Page 2 of 5 P & Z: August 20, 2008 Public Hearing Item VI -B Per Kodiak Island Borough Code 16.60.060 — Additional Approval required. A. A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the assembly if the vacated area is within the borough outside a city. The council or assembly shall have thirty (30) days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the council or assembly shall be considered to have been given to the vacation. A veto or approval of a vacation under subsection A of this section is a final legislative decision and is not subject to administrative appeal. However, where a vetoed vacation had received administrative approval in conjunction with the preliminary plat for a subdivision, the preliminary plat approval without the vacation is subject to a petition for reconsideration under section 16.90.010 of this title. Per Kodiak Island Borough Code 17.03.010 Application of provisions. The provisions established by this title for each district are minimum regulations and apply uniformly to each class or kind of structure or land. 17.03.020 Conformity with regulations required. No building, part of a building, or any land shall be used, occupied, erected, moved, or altered unless in conformity with the provisions of this title for the district in which the building or land is located. 17.03.030 Alteration or erection of structures. No structure shall be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to have a narrower or smaller front yard, side yard, or rear yard, than is specified in this title for the district in which the structure is located. 17.03.060 Zoning compliance. Zoning compliance is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title, subject to the following: A. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as -built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code 303(d) and (e), as currently adopted under section 15.02.020 of this code). B. „ Case S09- 002 /Staff Report Page 3 of 5 P & Z: August 20, 2008 Public Hearing Item VI -B COASTAL MANAGEMENT APPLICABLE POLICIES The KIBCMP does not address minor boundary changes to existing lots and rights -of- way. REVIEW AGENCY COMMENTS Fire Marshall — No comments rec'd GCI, Inc. — No comments rec'd Alaska Communications System — No objections City of Kodiak Public Works — No objections Kodiak Electric Association Engineering Department — No comments. STAFF COMMENTS RIGHT -OF -WAY VACATION(S) The petitioner has requested the vacation of a 20 foot wide portion of an undeveloped utility easement along the north side lot line for Lot 13, Woodland Acres Subdivision, 1st Addition. In the application, petitioner has provided a portion of the original plat as a sketch map which shows the easement to be vacated (hatch lines) and a narrative description of the reasoning put forth for the requested vacation. The petitioner is interested in expanding an existing accessory building which may or may not encroach into the existing easement. According to the petitioner the proposed addition would definitely encroach the easement, hence this vacation request. Incidentally there is also a 10 -foot side yard setback within the easement which will remain and will have to be addressed prior to the granting of zoning compliance for the proposed accessory building addition. KIBC 16.60 requires the Commission to presume that the (proposed) vacation area has value to the public unless the petitioner documents otherwise. The commission may request additional information of the petitioner if it feels that additional information is required to supplement the record for this case. In conversation with the petitioner it was indicated that the petitioner did go to each review agency /utility to make inquiry about the possible use of the utility easement in question. The petitioner says that all agencies indicated non - objection and this seems to be borne out by the responses to the agency review notice. Case S09- 002 /Staff Report Page 4 of 5 P & Z: August 20, 2008 Public Hearing Item VI -B Staff notes that three of the five agencies have commented on this request as of the preparation of this staff report. Comments adverse to the request may still be received prior to the actual public hearing on this case. Should the Commission approve the requested vacation, the case must be submitted to the Kodiak Island Borough Assembly for final review. Then the petitioner will need to apply for an abbreviated plat to perfect the vacation as provided by KIBC 16.60. In preparing this report staff has noted that the agenda blurb was incorrect in the mail out notice as the proposed easement vacation is a full twenty (20) feet in width of which the petitioner will enjoy an additional 10 -feet before running into the required 10 -foot side yard setback. The attached sketch map does correctly depict the proposed vacation and assuming that all reviewers were looking at the drawing they would have obtained a correct impression of what this request is about. If the Commission determines that this technical flaw requires a correction, the appropriate response would be to postpone action on this request until the next month's regular meeting in order to allow for a re- advertisement of the corrected vacation description. RECOMMENDATION Staff recommends preliminary approval, in accordance with KIBC 16.60, of a vacation of the 20 foot portion of an undeveloped utility easement along the side of Lot 13, Woodland Acres Subdivision, 1 Addition, subject to Commission discretion, and appropriate conditions of approval. APPROPRIATE MOTION Move to grant preliminary approval of a vacation, according to KIBC 16.60, of a 20 -foot portion of an undeveloped utility easement along the side lot line of Lot 13, Wooc1 Acres Subdivision, 1 Addition, as shown on the attached sketch map submitted by the petitioner with this request, subject to two (2) conditions of approval, and to adopt the findings in the staff report dated August 11, 2008 as findings of fact in this case. CONDITIONS OF APPROVAL 1. The vacation must be forwarded to the Kodiak Island Borough Assembly for review prior to final approval. 2. The petitioner must submit an abbreviated plat depicting the approved vacation in order to complete the easement vacation process. FINDINGS OF FACT 1. This request meets the minimum data required per Kodiak Island Borough Code 16.60, generally. 2. This request for vacation does not unduly diminish the public's interests. 3. This request for vacation does not unduly prejudice surrounding private property interests. Case S09- 002 /Staff Report Page 5 of 5 P & Z: August 20, 2008 SUBDIVISION APPLICATION KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD, KODIAK, ALASKA 99615 - (907) 486 -9363 APPLICANT INFORMATION Applicant's name: :v� ` �Z-C Applicant's mailing address: City: 1'K O i tC State: Home phone: `fin — L-(€ 255 7 Work phone: 90 `7 5 S - l 3 If applicable, agent's /surveyor's name: Agent's /surveyor's mailing address: City: State: ZIP: Home phone: Work phone: Property ID Number /s: Current legal description: Proposed legal description: Application received by: Date: PROPERTY INFORMATION t�7Z S �o�Jt 5� L J o o c STAFF USE ONLY Preliminary plat (up to 12 Lots) KIBC 16.40 Abbreviated plat KIBC 16.30 Vacation KIBC 16.6 Waiver KIBC 16. Staff signature N: \CD \Templates \ComDev\Forms\F - Revised Subd Application 7_13_05.DOC ZIP: C ( or 1 � Subdivision Fees Payabl • ashie 's Office Room # 104 1 1t�t peiaiilVslssembly Resolution Eff. July 1, 2005) sztlAreviated Plat $300.00 final N11at $350.00 41f►�" 14 ..` ' .. $ 350.00 �! ,50c::1-00 7/13/2005 To Whom It May Concern: I am requesting that the utility easement that borders the north side of my property (Woodland Acres 1 Lot 13,see diagram) be vacated. I spoke with John Burnett of GCI, Mark Kozak public works director for the city of Kodiak, Mark Olsen of ACS, and Jim Devlan of KEA and all four had no use for the above mentioned easement and have no problem with vacating it. I wish to add on to an existing barn; the easement is preventing the addition. John Klemzak P.O. box 3152 309 Bay Circle Kodiak, AK 99615 Phone: 907- 486 -5287 June 18, 2008 S v $ , /-` -3 b o o r �� °" �� � �� cy Ni 6 O ' A .2• cai • 0,/ CC t v � cok 0 0 J • 0 si cILN 08- 02- 08;02:40AM; Date July 30, 2008 To: Community Development Department From: Mark Kozak, Public Works Director Subject: Review of Case S09 -002 PUBLIC WORKS DEPARTMENT 2410 MILL BAY ROAD KODIAK, ALASKA 99615 TELEPHONE (907) 486 -8060 FAX (907) 486.8066 ;907- 486 -8066 # 3/ 4 The City of Kodiak Public Works Department has no objection to the vacation of a 10 foot portion of a utility easement along the side lot line of Lot 13, Woodland Acres Subdivision, I' Addition per submitted sketch plan. 08 02- 08;02:40AM; ;907- 486 -8066 # 2/ 4 July 16, 2008 Sheila Smith, Secretary Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Ms. Smith: Following are comments on the plats sent to us for review under your cover letters dated July 8, 2008: Case S09 -002. Request for preliminary approval of the vacation of a 10 -foot portion of a utility easement along the side lot line of Lot 13, Woodland Acres Subdivision, 1 Addition. No comments. Case S09 -004. Request for preliminary of the vacation of a 15 -foot portion of Hill crest Drive right -of -way to be incorporated into the adjoining Lot 10, Alder - Natalia Subdivision. No comments. Thanks for the opportunity to comment. Sincerely, Jim Devlin Engineering Manager kib1071608.wpd Box 787 KODIAK, ALASKA 99615` JUL 1 8 2008 I 1 i 1 `.,54MUNI?Y DEVELOPMENT )EPA, WENT 1 } This notice is being sent to you because our reoords indicate you are a property owner /interested party in the area of the request, If you do not wish to testify verbally, you may provide your comments in the space below, or in a lener to the Community Development Department grim to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -la telephone number is 486 -3231. The toll free telephone number is I. 800 - 478-5736. C►ne week prior to the regular meeting, on Wednesday, August 13, 2008, is work session will be held at 7 :30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request, If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363, { Vo Name: " bP1N U SG t'' MaiingAddras:,,`^'es' " 62 , V+b0► Y4-1e. VOW` property de.criptbn: S SC) . 2 A/ C tilrtat-e. 2 1- ''34,5 - a4.y Coact-1C G ab: L tD3 S l 4. �CSOtl L r�A G S Svk , �'F _ k '© a • ' e -irt. • • © �` - • , . 41. CS _ •• ' S t r. a Ca - .. - - - ..�,. 4 . 07/16/2008 12:42 9074865310 KIRC DAN BUSCH CASE: S09 -002 APPLICANT: John Klemzak REQUEST: LOCATION: ZONING: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 20, 2008. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: Preliminary approval, according to KIBC 16.60, of the vacation of a 10 -foot portion of a utility easement along the side lot line of Lot 13, Woodland Acres Subdivision, l Addition, per the submitted sketch plan. 309 Bay Circle .. RRI -Rural Residential One TITLE: Assembly Approval of the Vacation of a 20 Foot Wide Utility Easement in Accordance with KIBC 16.60.060 That Is Shared By Existing Lot 2B and Lot 2C, Block 1, Bells Flats, Alaska Subdivision. SUMMARY: Te commission granted approval of a preliminary plat where the applicant is reconfiguring his two Tots by shifting interior lot lines. The existing utility easement will be eliminated and vacated with this shift in property line. Because there is a vacation of an easement involved, KIBC 16.60.060 requires assembly review and approval of any vacated area. The applicant has contacted various utilities about this action and has received non- objection statements. Staff recommends approval. FISCAL NOTES: Account No.: N/A Amount Budgeted: N/A Expenditure Required: N/A APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 18, 2008 REGULAR MEETING ITEM NO: 13.D.5 RECOMMENDED MOTION: Move to approve the vacation of a 20 foot wide utility easement in accordance with KIBC 16.60.060 that is shared by existing Lot 2B and Lot 2C, Block 1, Bells Flats, Alaska Subdivision. Current `;Location P &Z Case 4# S09 -001 Mark Levenson - Request: Preliminary :approval, according to KIBC 16.40, of . the -re- :subdivision of Lots 2B and 2C, Block 1, Bells Flats Alaska Subdivision creating Lots 2B - and 2C -1, Block 1, Bells Flats Alaska Subdivision; .'and, preliminary approval of the vacation of a 20-foot wide utility easement, according to KIBC 16.60, which is centered over the lot line for existing Lot 2B. Legend Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to -date. Kodiak Island Borough Community Development Department. "Request: Preliminary =approval, ac=cording to KEiBC 16:40, of 'the re -subdivision oflvts2B ` u °rrirnt a in g and ;2C, Bl ck 1., Bells Flats Alaska Subdivision 1 = Case # O'9-001 creating Lots 2B -1 nd'2C -1, Block 1., Bells 'Flats Alaska Subdivision, and, preliminary approval 'Agent: `Mark L evens on of the vacation ofa 20-foot wide utility easement, according to KIB -C 16.60, which is centered over *the plot line for existing :Lot :2B. I 1 Legend Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to -date. Kodiak Island Borough Community Development Department. This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 13, 2008, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 20, 2008. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A S09 -001 Mark Levenson Horizon Land Surveying Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 2B and 2C, Block 1, Bells Flats Alaska Subdivision creating Lots 2B -1 and 2C -1, Block 1, Bells Flats Alaska Subdivision; and, preliminary approval of the vacation of a 20 -foot wide utility easement, according to KIBC 16.60, which is centered over the lot line for existing Lot 2B. 11914 & 11876 Middle Bay Drive, Bells Flats RR1 -Rural Residential One n °(,) o oco) id 0) k ; r .4 coo ri) 4 • o-ar " I ft • SUBDIVISION APPLICATION KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD, KODIAK, ALASKA 99615 - (907) 486 -9363 APPLICANT INFORMATION Applicant's name: / a 1" k L e v r7 S or? Applicant's mailing address: PC. BOx IZ e 4- City: /�O el l a �C, State: A- J c'?S J . ZIP: s9 ‘:)/ 5 Home phone: 4E37- 441323 Work phone: If applicable, agent's /surveyor's name: 110 -- Loh Lav) e / Stir ve y/ kl q /`J� . 1 Agent's /surveyor's mailing address: e) . 5c K 1345 , r /'-' City: f t D CL/D 1C State: 4 l as Ka ZIP: ,93 6./ 5 Home phone: I Work phone: 6.:, -' 51 PROPERTY INFORMATION Property ID Number /s: / � Current legal description: '. U� 2e 4) LD7 ZC 6 /D 1 G� L L`L , - /a?s ,4 /a ska S/J d visiD kJ, p1a/ w ,6ei- 85 -/0 J 143 / �c O/2 / D�5 �r�c� - . Proposed legal description: L D7 213—/ P j'11 1 -D/ 2C-1 h /0�' 1, f e //s 7 15 4 /ask, SLJ/ i'vi S loi') . STAFF 1J$- ONLY, 11 /?ti e 1 t :1 Preliminary plat (up to 12 Lots) 11: 16.40 Subdivision Fees Payable in Cashiers Office Room # 104 Fee Schedule: (per KIB Assembly Resolution Rff. duly 1 2005) Abbreviat d 'l r 300.00 ' eliminar}' Plat $350.01 Vacation $350.00 waim. $75.00 Abbreviated plat KIBC 16.0 ` t' Vacation KIBC 16.60 til Waiver KIBC 16.1 .05 '. `:aid— * }* mo b.' ,' ' 5 ., T ' ` r1 Application received by: f ' C ..b-9P s r tf ature Date: N: \CD \Templates \ComDev\Forms\F - Revised Subd Application 7_13_05.DOC 7/13/2005 July 14, 2008 Dear Ms. Smith: Jim Devlin Engineering Manager kib1071408.wpd Sheila Smith, Secretary Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Following are comments on the plat sent to us for review under your cover letter dated July 8, 2008: Case S09 -001. Request for preliminary approval of the re- subdivision of Lots 2B and 2C, Block 1, Bells Flats Alaska Subdivision creating Lots 2B -1 and 2C -1, Block 1, Bells Flats Alaska Subdivision and preliminary approval of the vacation of a 20 -foot wide utility easement which is centered over the lot line for existing Lot 2B. No comments. Thanks for the opportunity to comment. Sincerely, JUL 1 6 2008 COMMUNITY DEVELOPMENT DEPARTMENT JUL -14 -2008 08:43 From: KODIAK ISLAND BOROUGII COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI-A PUBLIC HEARrNG NOTICE A public hearing will be held on Wednesday, August 20, 2008. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and zoning; Commission, to hear comments if any, on the following request: CASE: S09 -001 APPLICANT: Mark Levenson ADEN I Horizon Lund Surveying REQUEST: Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 23 and 2C, Block I, Bells-Fiats A1avka Subdivision creating Lots 213 -1 and 2C -1, Block 1, Bells Flats Alaska Subdivision; and, preliminary approval of the vacation of a 20 - foot wide utility casement, according to KIBC 16.60, which is cantered over the lot line for exi!;ting Lot 2B, LOCATION: 11914 & 11876 Middle Bay Drive,' Bells Flats ZONING: RR 1 -Rural Residential One "ibis notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or to a letter to the Community Development Department rsrior to the meeting.. If you would like to fax your comments to us, our fax number is (907) 486 -9396. If you would like to testify Via telephone, please call in your comments during the appropriate public hearing section of the meeting, The local call -ht telephone number is 486 -3231. The toll free telephone number is 1-N0- 478 - 5736. One week prior to the regular meeting, on Wednesday, August 13, 2008 a work session will be held at 710 p.m. to the Kodiak Island Borough Conference Room 0121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on tins request. If you have any questions about the request or your appeal rights. please feel free to call us at 486 -9363. IDS i? bow-vg(;' Mailing Address; Vow Nnmu: d Your properly deseription: ' n Q(u[jc 7 Lo f E'q "1 To:KIB P.1 79 -; '& 5 , ,-c a+-►. C 'ire 'Tr& 1400 1 wawa'Z - clefeMVdgRC Pir tSrh1 STIR 1 DWMUVIC v4nWSEb 01 -5$ CASE: S09 -001 APPLICANT: Mark Levenson AGENT: Horizon Surveying MEMORANDUM DATE: July 27, 2008 TO: Planning and Zoning Commission FROM: Bud Cassidy, Community Development Department SUBJ: Information for the August 20, 2008 Regular Meeting REQUEST: Preliminary approval, according to KIBC 16.40, of the resubdivision of Lots 2B and 2C, Block 1, Bells Flats Alaska Subdivision creating Lots 2B- 1 and 2C -1, Block 1, Bells Flats Alaska Subdivision; and preliminary approval of the vacation if a 20 foot wide utility easement, according to KIBC 16.60,which is centered over the lot line for existing Lot 2B. LOCATION: 11914 & 11876 Middle Bay Drive, Bells Flats ZONING: RR1 -Rural Residential One Fourteen (19) public hearing notices were mailed on April 16, 2008. Date of site visit: 7/31/08 1. Minimum lot size: RR1 — 1 Acre Compliance: Yes 2. Minimum lot width: RR1 —120 feet Compliance: Yes 3. Existing land uses: RR1- Residential, vacant Compliance: Yes 4. Existing structure(s) on the property: Yes (Lot 2C -1) No (Lot 2B -1) Compliance with setbacks: Yes Case S08 -011 /Staff Report Public Hearing Item VI -A Page 1 of 4 P & Z: January 16, 2008 Compliance with other zoning regulations: Yes Encroachments: Yes 5. Topography: Provides good building sites: Existing Structure present, /Gravel Pad installed Provides good parking areas: Yes Allows driveway construction to meet maximum slope requirement: Yes 6. Physical Features: Wetlands, streams, drainage courses: No Need for driveway /access restrictions: No Adequate line of sight: Yes Adequate access for additional traffic volume: Yes Adequate access from a safety standpoint: Yes Neighborhood character: Large Lot Rural Residential/ Double frontage lots: No Flag lots: Yes Adequate access for fire apparatus: Yes Utility installation meets Title 13: Not Applicable Common wall or zero -lot line: No Frontage on dedicated public right -of -way: Yes Other road and utility improvements required before final approval: No 7. Existing Plat Restrictions: No Compliance: Not Applicable Case S08 -011 /Staff Report Public Hearing Item VI -A Page 2 of 4 P & Z: January 16, 2008 COASTAL MANAGEMENT APPLICABLE POLICIES Public Hearing Item VI -A The 1983 KIB Coastal Management Plan expired on September 1, 2007. Until the Assembly adopts the new KIB Coastal Management Plan, currently undergoing review by the NOAA Office of Ocean Coastal Resource Management (OCRM), the KIB does not at the present time have applicable coastal management policies. COMMENTS In this case, the applicant is requesting approval of two actions: 1. Change of the location of a shared lot line. This action will not create any additional lots or reduce the number of lots presently existing; and 2. Vacation of an existing 20' Utility easement. If this request was limited to moving the common lot line to another location, this action could be approved administratively under KIBC 16.30 - Abbreviated Plat. This section allows the Community Development Director to administratively approve subdivisions that are "of simple nature." But because this request is also for the vacation of a utility easement, KIBC 16.60.060(A) Additional approval required is to be followed. Under this code section, any "vacation" requires review and approval by the borough assembly. The assembly looks to the Commission for a recommendation. Lastly, KIBC 16.20.260 defines a "vacation" as "the act of making legally void any right -of -way, easement, public area, or other public interest ". As stated, the subdivider is basically changing the interior boundary of a lot line shared in common. This action provides the smaller lot with more area while making the larger lot - smaller. A staff site visit revealed that a new a new building pad has been installed on proposed Lot 2B -1. This pad and the extra area proposed for this lot seem well suited for a future home . site complete with septic system and required parking. Of particular value to the Commission is that fact that this subdivision takes advantage of the summer sun. Staff feels that this survey meets the standards for a subdivision found in Title 16 of the Borough code. There have been no indication by utility companies that there is a need for additional easements. Kodiak Electric Association: No Comments ACS Inc.: Case S08 -011 /Staff Report REVIEW AGENCY COMMENTS Page 3 of 4 P & Z: January 16, 2008 No Comments State of Alaska Department of Transportation: No Comments MB Department of Facilities and Engineering: No Comments Move to grant preliminary approval according to KIBC 16.40, of a replat of Lots 2B and 2 C, Block 1, Bells Flats Alaska Subdivision into Lots 2B -1 and 2C -1, Block 1, Bells Flats Alaska Subdivision. Move to grant approval of a vacation of a 20 foot wide utility easement, according to KIBC 19.60.060, subject to review and approval by the Borough Assembly at their next meeting. CONDITIONS OF APPROVAL None FINDINGS OF FACT Case S08 -011 /Staff Report APPROPRIATE MOTION #1 APPROPRIATE MOTION #2 RECOMMENDATION Staff recommends approval of both motions. Public Hearing Item VI -A 1. This plat meets the minimum standards of survey 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. Page 4 of 4 P & Z: January 16, 2008 Commissioner Present Absent Excused Others Present Mr. King X Bud Cassidy, Director Mr. Watkins X Community Development Ms. Janz X Sheila Smith, Secretary Mr. Kersch X Community Development Mr. Juenger X Mr. Purdy X Ms. Harrington X August 20, 2008 CALL TO ORDER Chair King calls to order the August 20, 2008 regular meeting of the Planning and Zoning Commission at 7:30 p.m. ROLL CALL A quorum was established. COMMISSIONER WATKINS MOVED TO EXCUSE COMMISSIONERS JUENGER and HARRINGTON. COMMISSIONER JANZ SECONDED the motion and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA APPROVAL OF MINUTES KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MEETING MINUTES Regular Meeting Assembly Chambers COMMISSIONER WATKINS MOVED to approve the agenda. The motion was SECONDED by COMMISSIONER JANZ and it CARRIED by unanimous voice vote. COMMISSIONER JANZ MOVED to approve the July 16, 2008 Planning & Zoning Minutes. The motion was SECONDED by COMMISSIONER WATKINS and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. PUBLIC HEARINGS A. Case S09 -001. Request preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 2B and 2C, Block 1, Bells Flats Alaska Subdivision creating Lots 2B -1 and 2C -1, Block 1, Bells Flats Alaska Subdivision; and, preliminary approval of the vacation of a 20 -foot wide utility easement, according to KIBC 16.60, which is centered over the lot line for existing Lot 2B. The applicant is Mark Levenson. The location is 11914 & 11876 Middle Bay Drive, Bells Flats, and the zoning is RR1 -Rural Residential One. Cassidy gave a brief staff report. COMMISSIONER JANZ MOVED to grant preliminary approval according to KIBC 16.40, of a replat of Lots 2B and 2 C. Block 1, Bells Flats Alaska Subdivision into Lots 2B -1 and 2C -1, P8/7 Minutes August 20, 2008 Page 1 of Block 1, Bells Flats Alaska Subdivision. The motion was SECONDED by COMMISSIONER PURDY. The question was called, and it CARRIED 5 -0. COMMISSIONER JANZ MOVED to grant approval of a vacation of a 20 foot wide utility easement, according to KIBC 19.60.060, subject to review and approval by the Borough Assembly at their next meeting. The motion was SECONDED by COMMISSIONER WATKINS. The question was called and it CARRIED 5 -0. B. Case S09 -002. Request preliminary approval, according to KIBC 16.60, of the vacation of a 10 -foot portion of a utility easement along the side lot line of Lot 13, Woodland Acres Subdivision, 1 Addition, per the submitted sketch plan. The applicant is John Klemzak. The location is 309 Bay Circle and it is zoned is RR1 -Rural Residential One. Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to grant preliminary approval of a vacation, according to KIBC 16.60, of a 20 -foot portion of an undeveloped utility easement along the side lot line of Lot 13, Woodland Acres Subdivision, 1st Addition, as shown on the attached sketch map submitted by the petitioner with this request, subject to two (2) conditions of approval, and to adopt the findings in the staff' report dated August 11, 2008 as findings of fact in this case. The motion was SECONDED by COMMISSIONER JANZ. CONDITIONS OF APPROVAL 1. The vacation must be forwarded to the Kodiak Island Borough Assembly for review prior to final approval. 2. The petitioner must submit an abbreviated plat depicting the approved vacation in order to complete the easement vacation process. FINDINGS OF FACT 1. This request meets the minimum data required per Kodiak Island Borough Code 16.60, generally. 2. This request for vacation does not unduly diminish the public's interests. 3. This request for vacation does not unduly prejudice surrounding private property interests. The question was called and it CARRIED 5 -0. C. Case S09 -004. Request preliminary approval, according to KIBC 16.60, of the vacation of a 15 -foot portion of the Hillcrest Drive right -of -way to be incorporated into the adjoining Lot 10, Alder - Natalia Subdivision per the submitted sketch plan. The applicant is Alicia Drabek, and the agent is Tony Drabek. The location is 107 Natalia Way and it is zoned R3 -Multi Family Residential. Cassidy gave a brief staff report. COMMISSIONER PURDY MOVED to grant preliminary approval of a vacation, according to KIBC 16.60, of a 15 -foot portion of the Hillcrest Drive right -of -way as shown on the attached map /as -built survey submitted with this request, subject to two (2) conditions of approval, and to adopt the findings in the staff report dated August 11, 2008 as findings of fact in this case. The motion was SECONDED by COMMISSIONER WATKINS. Tony Drabek, agent, spoke in support of this request. P&Z Minutes August 20, 2008 Page 2 of 5 During discussion, it was the consensus that it is unbuildable land. CONDITIONS OF APPROVAL 1. The vacation must be forwarded to the City of Kodiak Council for review prior to final approval. 2. The petitioner must submit an abbreviated plat depicting the approved vacation in order to complete the easement vacation process. FINDINGS OF FACT 1. This request meets the minimum data required per Kodiak Island Borough Code 16.60, generall y. 2. This request for vacation does not unduly diminish the public's interests. 3. This request for vacation does not unduly prejudice surrounding private property interests. The question was called and it CARRIED 5 -0. D. Case 09 -001. Request a Variance, according to KIBC 17.66, to allow an 8 -foot variance from KIBC 17.57.080.F.1 which would allow a 40 -foot wide driveway to serve Commercial Tract 1 of Tract S -5A -1, and other abutting and adjoining lots in the Mill Bay Plaza Complex, when a 32 foot wide driveway is the maximum width permitted by code. The applicant is Mill Bay Plaza, and the agent is Bob Brodie. The location is 2675 Mill Bay Road and it is zoned B- Business. Cassidy gave a brief staff report. COMMISSIONER JANZ MOVED to grant A Variance, according to KIBC 17.66, to allow an 8 -foot variance from K1BC 17.57.080.F.1 which would allow a 40 -foot wide driveway to serve Commercial Tract 1 of Tract S -5A -1, and other abutting and adjoining lots in the Mill Bay Plaza Complex, when a 32 foot wide driveway is the maximum width permitted by code; and to adopt conditions of approval and the findings of fact in the staff report dated July 18, 2008, as "Findings of Fact" for case 09 -001. The motion was SECONDED by COMMISSIONER WATKIN S . George Rieth spoke on behalf of Bob Brodie, applicant, in support of this request. A brief discussion. CONDITIONS OF APPROVAL 1. In order to redress the current surface drainage deficiencies, the expansion and realignment of the existing driveway must be coordinated with the City Engineering Department. 2. Any work that occurs within the Mill Bay Road right -of -way must be accomplished with an inspection agreement between the property owner and the City Engineering Department. 3. The property owner is encouraged to incorporate a pedestrian walkway along the side yard frontage of Tract S -4A -1 B. FINDINGS OF FACT 17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The subject parcels were originally subdivided in compliance with existing Title 17 requirements. Exceptional physical circumstances distinguishing the subject site from other P &Z Minutes August 20, 2008 Page 3 of 5 similarly zoned properties do not exist, however, conditions restricting the intended use and development of the property do. Title 17 did not anticipate the pace and evolution of modem business development, and the requirements of meeting the demands of today's consumer. The site has evolved into a major business node with extremely high traffic counts. The facilitation of traffic movements entering and exiting the site represents enhancements to public safety and economic efficiencies. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would result in practical difficulties or unnecessary hardships. Sufficient land area is available to accommodate the request for variance and strict adherence to the current zoning ordinance would un- necessarily burden the property owner and the public. 17.66.050 A.3.The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety, and welfare. Granting the variance will not result in material damages or prejudice to other properties in the vicinity, nor be detrimental to the public safety and welfare. The proposed variance would enhance neighborhood characteristics by contributing to improved traffic patterns. The question was called and it CARRIED 5 -0. OLD BUSINESS There was no old business NEW BUSINESS There was no new business COMMUNICATIONS A. 2010 Census B. Re- evaluation of Alaska Coastal Management Program (ACMP) Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to accept communications as submitted. The motion was SECONDED by COMMISSIONER KERSCH and it CARRIED by unanimous voice vote. REPOR'T'S C. Meet ng Schedule: • September 10, 2008 work session at 7:30pm in the KIB Conference Room. • September 17, 2008 regular meeting at 7:30pm in the Assembly Chambers. Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to accept reports as presented. The motion was SECONDED by COMMISSIONER JANZ and it CARRIED by unanimous voice vote AUDIENCE COMMENTS There were no audience comments. P &Z Minutes August 20, 2008 Page 4 of 5 COMMISSIONER'S COMMENTS COMMISSIONER JANZ stated she would like to schedule time in September to talk about some of the zoning issues. COMMISSIONER WATKINS thanked COMMISSIONER PURDY for his input on the pedestrian access around the Safeway entrance, and thanked the property owners for looking to do something with it. COMMISSIONER PURDY said he also encourages the property owners of the complex to put in a nicer intersection because it's a great opportunity to take care of a lot of problems. CHAIR KING said he'll be here for the September work session but not the regular meeting, and we need to figure out when the commission can go to Larsen Bay. King said will be here September 8` — 12 and will be gone the rest of the month. COMMISSIONER WATKINS said he will be out of town but right around the corner so it doesn't matter. Cassidy said we can hold the meeting and come back that night but we do have 4 cases. COMM1 SIONER PURDY asked if we are going to have a work session. Cassidy said we need to figure out when we are going and then we can work backwards, and we do need to have a work session. The lodge owners said they will be there at the end of the month but since it's becoming problematic is it better to hold the meeting in October when they may not be there or in September. Staff will make some calls to see what they would prefer to do. We need to get at least 4 commissioners that can go. COMMISSIONER JANZ asked if Saturdays are an option because the second week in September would be hard for her to take off as a teacher. Janz would also like a work session before they go so they can review the issues and be prepared. COMMISSIONER PURDY stated that only one owner will be gone. Cassidy said he's not sure and he is planning on calling them. We will just have to do the best we can. ADJOURNMENT COMMISSIONER WATKINS MOVED TO ADJOURN. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED by unanimous voice vote. The me e t ing was adjourned at 8:15 p.m. ATTEST By: Sheila Smith, Secretary Comny.lunity Development Department DATE APPROVED: September 17, 2008 P&Z, Minuses August 20, 2008 KODIAK ISLAND BORUGH PLANNING AND ZONING COMMISSION By: Dave King Page 5 of 5 APPROVAL OF AGENDA FIRE PROTECTION AREA NO. 1 BOARD REGULAR MEETING June 17, 2008 @ 7:30 p.m. APPROVAL OF PREVIOUS MINUTES BAYSIDE FIRE HALL CALL TO ORDER CHAIR DOLPH, called the meeting to order at 7:42 p.m. ROLL CALL ACKNOWLEDGEMENT OF FINANCIAL REPORT REPORTS a. Chief Report b. Chair Report 1 Members present were C. Davidson, M. Dolph, R. Nelson and J. Pickett. Excused Board Member was G. Spalinger. A quorum was established. Also present were Chief Himes and M. Barber, E/F Department. It was Moved, R. Nelson and seconded to approve the Agenda. There was a unanimous affirmative voice vote. It was Moved, R. Nelson and seconded to approve the Minutes of April 15, 2008. It was Moved, R. Nelson and seconded to approve the Minutes of May 20, 2008. There was a unanimous affirmative voice vote. It was Moved, R. Nelson and seconded to acknowledge receipt of the Financial Report with the request from Chair Dolph for M. Barber to check to see what the encumbrances were for. There was a unanimous affirmative voice vote. Chief Himes reported on his trip to Portland. He stated the Fire Chiefs are meeting regularly. Discussed the for fiberglass fencing for the training building and stated M. Corrierre is working on getting additional information. Chair Dolph told the Board that the Project Manager's job description had been taken to W. Koning, Engineering Facilities Director for review and to put into an RFP format. He stated W. Koning told him the process is the same as an Architectural firm. The selection for the Project Manager would be a combination of criteria and not just on price. Discussion followed concerning whether or not the Board needed a Project Manager at this time. Chair said the best option for the Board at this time might be to get the site work and foundation done without a project manager. Once building's ready to go up possibly hire a project manager at that time. Chair Dolph wanted to let the Board know that the change order for Jensen Yorba & Lott and the Bayside Apartment Lease Agreement are going before the Assembly for approval on Thursday and asked if any of the Board members could attend the meeting to recommend to the Assembly to approve these items if a snag comes up, he would appreciate it. VISITOR COMMENTS None. BUSINESS ITEM a. Discussion & Possible Recommendation - 35% Architectural Design by Jensen Yorba Lott, Inc. Chair Dolph told the Board if there were any recommendations, concerns or comments what so ever re: the 35% Design this is the time to forward them in writing to the ARB. Discussion followed and some questions the Chair will talk to Tony Yorba about are in section A102 Sanitary Sewer Placement - Cost Savings, Complete Drive Around, 60' Contour - Removal of Hill, Relocation of 1000 Gal & 500 Gal Fuel Tanks, section A201 Sandwich Panel instead of Fiberglas Insulation, Bathroom Locations and section A202 Incorporate Mezzanine Toilet in Mechanical Room. VISITOR COMMENTS None. BOARD COMMENTS J. Pickett, Rebecca Nelson and Chair Dolph had none. Chief Himes asked about G. Spalinger's comment about urging the Board to look at all expenditures over $300 or $500 in May 20, 2008 Minutes. Chair Dolph said he would explain it to him. He said it was the Board's desire to put something in writing as far as expenses. MEETING SCHEDULE Chair Dolph reminded the Board the next Work Session is scheduled for July 1 and the Regular Meeting is July 15. Chair Dolph also stated he would be at Narrow Cape for the next meeting and would need to hand the gavel off, but he would teleconference in. ADJOURNMENT Meeting adjourned at 9:20pm. 2 SUBMITTED BY: APPROVED BY: Mary J. Bar ecretary KIB Engineering / Facilities Department Mike Dolph, Chair Fire Protection Area No. 1 Board 3 Date: c3 I Date: /4 — R — 0S1 CALL TO ORDER FIRE PROTECTION AREA NO. 1 BOARD REGULAR MEETING July 15, 2008 @ 7:30 p.m. BAYSIDE FIRE HALL G. SPALINGER, called the meeting to order at 7:50 p.m. ROLL CALL Members present were C. Davidson, M. Dolph via teleconference, R. Nelson, J. Pickett and G. Spalinger. A quorum was established. Also present were Chief Himes and M. Barber, E/F Department. APPROVAL OF AGENDA It was Moved, C. Davidson and seconded to approve the Agenda. There was a unanimous affirmative voice vote. ACKNOWLEDGEMENT OF FINANCIAL REPORT It was Moved, C. Davidson and seconded to acknowledge receipt of the Financial Report. There was a unanimous affirmative voice vote. REPORTS a. Chair Report Chair Dolph stated his report was given in the Work Session prior to the Regular Meeting re: Change Order and ARB 35% Drawing Review. b. Staff Report M. Barber told the Board with the exception of the encumbrances that will be closed at the end of the month the fund balance is roughly $1,202,143.47. BUSINESS ITEM a. Change Order from Jensen Yorba Lott It was Moved, C. Davidson and seconded to approve the contract change order for Jensen Yorba and Lott in the amount of $3,617. Motion Carried by a roll call vote. 1 VISITOR COMMENTS None. BOARD COMMENTS C. Davidson excused. Chair Dolph stated G. Spalinger runs a fast paced meeting. He also wanted to let the Board know that the weather folks at Narrow Cape are tracking the ash plume from the volcano SW of us and the sensors are telling them that there's ash in the high strata over Kodiak right now. Word to the wise, there could be a dusting and need to take heed. J. Pickett — none. R. Nelson thinks batt insulation is 30% more. Thinks these changes are a good thing. G. Spalinger — none. MEETING SCHEDULE Next work session is scheduled for August 5 and the next regular meeting is scheduled for August 19. ADJOURNMENT Meeting adjourned at 8:OOpm. SUBMITTED BY: Mary J. Bar er,`ecretary KIB Engine ng / Facilities Department APPROVED BY: Mike Dolph, Chair Fire Protection Area No. 1 Board 2 Date: 4 i4 tc -t Date: /Q,,pocS) CALL TO ORDER Chair Dolph, called the meeting to order at 7:34pm ROLL CALL 1 € L AUG 2 1 2008 APPROVAL OF AGENDA FIRE PROTECTION AREA NO. 1 SPECIAL MEETING July 29, 2008 Bayside Fire Station Members present were C. Davidson, M. Dolph, R. Nelson and J. Pickett. G. Spalinger was excused. Also present were Chief Himes and M. Barber, E/F Department. T. Yorba, Jensen Yorba & Lott via teleconference. It was Moved, C. Davidson and it was seconded to approve the agenda. There was a unanimous affirmative voice vote. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Consideration of Options for Building Insulation Chair Dolph told the Board that T. Yorba will be teleconferenced in to the meeting in order for him to explain the different scenarios before the Board re: Wall options and Roof options for the addition. T. Yorba was teleconferenced into the meeting and explained the Life Cycle Cost Analysis presented to the Board. Discussion followed and some points that were made were the significant difference in costs from simple saver system to the insulated panels, whether the surfaces would be cleanable, moisture problems with using the plywood, diesel exhaust stains on surfaces, weather permeability and condensation problems of insulated panels vs. simple saver. Chair Dolph thanked T. Yorba and said the Board will make a decision and let him know which option they chose as early as the next day. T. Yorba told the Board one of the benefits of the metal panel is it's easy for hanging items on, where the simple server doesn't have that option. Chair Dolph asked T. Yorba if the Board delays a decision by talking to local contractor's how would that affect his process. T. Yorba said he could have it done in a week, but the Board needs to have time for the concrete to be poured prior to snow fall. T. Yorba told the Board they have broken the project up into two phases. The metal building and foundation is phase one and the electrical, mechanical, etc. is phase two. He said he would double check with K. Smith in the morning to verify the ARB's process for 65% submittals. Chair Dolph told the Board that the question really boils down to the cost. It was Moved, C. Davidson and seconded for Option #1 Simple Saver System w/10" Insulation for the walls and Option #1 Simple Saver System w /6" Top Insulation and 9- 1/2" Lower Insulation for the roof. Motion Carried by a roll call vote. MEETING SCHEDULE Chair Dolph said the next Work Session is scheduled for August 5th ADJOURNMENT There being no other business, the meeting was adjourned at 8:30pm. SUBMITTED BY: KIB Engineering and Facilities APPROVED BY: Mike Dolph, Chair Fire Protection Area No. 1 Board Date: gg ? Date: felt- /9 - -2 f Board Members Present Not Present Excused Altenhof, Barry ✓ Hinkle, Bill ✓ Holm, Freya ✓ Mahoney, Ed ✓ Owen, Marion ✓ Pillans, Rick ✓ Rohrer, Dan ✓ 5:25pm Also in attendance were: Unfinished Business None SOU D WASTE ADVI SORY BOARD REGULAR STING M INUTeS April 2, 2008 @ 5:15 PM Borough Conference Loom N: \ER Baler Facility\ Waste Advisory Board \F12008 \Minutes\02 Apr 2008 Call to Order Chair Mahoney called to order the Iegular Meeting of the BJVAB at 5:16pm on April 2, 2008 at KIB Conference Rom. Loll Call T. Mitchell conducted a roll call and a quorum was established. The following persons were present Ex- Officio Members Mark Kozak, Chris Lynch and Tracy Mitchell. Rck Afford, Woody Koning and Karl Slort, Kodiak Island Borough. Caroll Tracy, Kodiak Sanitation. Others present were Alan Torres and Ben Millstein. Approval of Agenda F. Holm asked to Amend the Agenda by adding under leports the Education Sib- Committee. Chair Mahoney asked to add B. Millstein under Fbportsto speak to the Board. M. Owen asked if that would go under Visitor Comments. Chair Mahoney stated it could, but if there wasn't any objection he would like to put B. Millstein under Rports. Amended Agenda was approved by a unanimousvoice vote with the addition of reports from Board Member F. Holm (Education sub - committee), along with B. Millstein. Reports a. R Gfford re: memo dated February 25, 2008 Manager Gfford provided a memo to darify where the Board is at in the process and what the Board wants from Bell & Associates. Discussion followed of getting an AZ similar to the Juneau report. Approval of Minutes— February 6, 2008 Chair Mahoney stated he felt there was a lot of discussion with C. Bell about the report the Board was going to be getting and he would like to see the discussions from the meeting reflected in the minutes. R Gfford stated minutes are not verbatim they are a summary and the recordings are available if the Board wantsthem. Visitor Comments None Reports b. K Sort re: Landfill Rnandal K &lort reported on the landfill financials and dosure /post dosure liabilities. Questions were answered throughout the presentation. c. Education Sib- Committee F. Holm and M. Owen gave their report on the Education /Out reach Program and asked that the rest of the Board get familiar with the EPA Pay- As-You -Throw "Lessons Learned about Unit Pricing" booklet, especially chapter II. They presented a list of questions& commentsfor the Board. d. B. Millstein B. Millstein told the Board of a book he read recently "Alcohol can be a gas ", and he has enlisted the help of a Rrofessor from the University of Hawaii to assist in figuring out if the Borough's waste stream could generate significant methane. Unfinished Business None N: \ER Baler Facility\Solid Waste Advisory Board\ FY2008\ Minutes\ 02 Apr 2008 New Business a. Discussion of digester /composting presentation R Fillansstated the presentation was well attended. Discussion followed and the main questions were what the cost would be. b. Discussion of recyding Chair Mahoney stated he spoke to 1 Kiley about recyding. There was discussion about composting and extending the life of the landfill by doing so. Discussion of what was going to be received by Bell & Associates re: Iecyding. Visitor Comments B. Millstein stated it may be nice to come up with a Mission Statement within the SD lid Waste Advisory Board for the Borough about So lid Waste and one thing that comes to mind is total separation of waste streams. He feels it needs to be pretty aggressive. Board Comments D. Rohrer apologized for being late. He stated it is very difficult for him to make a 5:15pm meeting. He also stated he went to the landfill and a pick up pulled in literally heaping with tree branches and debris. He would like to see something done so there isa place to burn that type of debris instead of filling the landfill with it. R RIIans said the Board is exploring unchartered waters with some of the ideas, but the Board has some decisions to make and win lose or draw the right ones will hopefully be picked. Chair Mahoney stated they have some serious confusion about what the open meetings act is. He stated there are two kinds of bodies, the policy making bodies and the advisory only bodies. He said two people of an advisory only body make up a meeting. He got the information from N. Javier and he suggested somebody read it. The information came from Gordon Tanze. He told the Board they are a very different body from the policy making body. If two members got together and talked about the next meeting it's in violation of the open meetings ad. There is no quorum necessary for an advisory only body. If it's policy making it needs to be a quorum or a majority. Meeting Scheduled Chair Mahoney set the next Work Session for April 16, 2008. N:\ ER Baler Facility\ Solid Waste Advisory Board\ FY2008 \Minutes\ 02 Apr 2008 Adioum There being no further businessthe meeting was adjourned at 7:06pm. SUBM ITTEI) BY: Mary J. Barbe .' -t ary l4B Bigineeri es Department APPROVED BY: 1 u►./i1iLr Barry Altenhof, Chair 5blid Waste Advisory Date: (4 Date: N: \ &l Baler Facility\ SDI id Waste Advisory Board\ F12008\ Minutes\ 02 Apr 2008 Board Members Present Not Present Excused Altenhof, Barry ✓ Hinkle, Bill ✓ Holm, Freya ✓ Mahoney, Ed ✓ Owen, Marion ✓ Pillans, Rick ✓ Rohrer, Dan ✓ 5:20pm Call to Order Chair Mahoney called to order the Regular Meeting of the SNAB at 5:16pm on May 7, 2008 at KIB Conference Rom. Roll Cali M. Barber conducted a roll call and a quorum was established. The following persons were present: Also in attendance were: Ex- Officio Members Deb Darminio, Mark Kozak, Chris Lynch and Tracy Mitchell. Rids Gifford, Woody Koning, Nova Javier and Marylynn McFarland, Kodiak Island Borough. Carol! Tracy, Kodiak Sanitation. Others present were Alan Torres, Bic Engvall and Cheryl Bochland. Approval of Agenda It was Moved, R RIlans and seconded to approve the Agenda with the addition of informational lettersfrom M. Owen to R Gifford under New Businessfor discussion. Approval of Minutes None Visitor Comments None Deports SOUD WASTE ADVISORY BOARD REGULAR M EETI NG MINUTES May 7, 2008 @ 5:15 PM Borough Conference Room a. Btaff fFport — Clerk Presentation of Open MeetingsAct N:\ B\ Baler Facility\ 3A id Waste Advisory Board\ P2008\ Minutes\ 07 May 2008 N. Javier gave a presentation on Open Meetings Act. Discussion followed and some points were, Who is Covered by OMA What is a Meeting, Policy Decision Making Body is any gathering where either a majority of 4 or more members of the body (whichever is less) are present and the members collectively consider any matter upon which the body is empowered to act. Advisory Only Body is a gathering of any number of members of the body that is prearranged for the purpose of considering any matter upon which the body is empowered to act. Agenda settings can be advertised or a staff member can set the agenda, or put Agenda setting under Other Items on the meeting agenda. Teleconference meetings must be advertised along with the phone number. Issues: Telephone polling, serial communications, and e-mail — a series of calls or contacts may circumvent the OMA by predetermining the outcome without public discussion. Sometimes an outsider acts asa go between. Emails- contacts too many members. Greater concernsfor advisory —only body. Advertisement needs to be made of members attending Social Gatherings. The Board needs to ask themselves — Do you have a hidden purpose? Chair Mahoney asked if the Board had any questionsfor N. Javier. D. Darminio asked if N. Javier would be available to come back to the Board and give a similar presentation on Parliamentary Procedures. N. Javier said she would. Chair Mahoney asked about appointments by the Borough Mayor. N. Javier said that Boards terms appointed by the Assembly run from January 1 to December 31 and it would be reflected in the Motion. Chair Mahoney asked Manager Gfford how he was doing with the Bell 1;bport. R Gfford said that the Borough has received documentsfrom Bell & Associates for review, but the Draft Ran has not been received yet. Unfinished Business Chair Mahoney nominated D. Fbhrer as Chair, D. R hrer dedined. It was Moved, R Rllans to nominate D. Darminio as Chair and it was seconded, Motion carried with a roll call vote. It was Moved, D. Fbhrer to nominate B. Altenhoff as Vice Chair and it was seconded, Motion carried with a roll call vote. New Business a. Bection of Chair and Vice -Chair a. Discussion of the Introduction of Letters from M. Owen N:\ IBS Baler Fad lity\ Sol Waste Advisory Board\ F12008\ Minutes\ 07 May 2008 M. Owen shared with the Board the Fbwersand Duties of the Solid Waste Advisory Board. Sie presented letters to Manager Gifford implementing existing 14B Code 8.20.041, a letter requesting the changing and implementing of MB Code relating to Dumpsters and a letter requesting the Hiring of a Waste Feduction Medalist. B. Altenhoff shared with the Board Chapter 2.53 of the Borough Code that created the Board and what they are tasked with. Chair Mahoney told the Board when the Bell Report came, he would like to see the Board go all out with educating the public. Visitor Comments None Board Comments B. Altenhoff asked N. Javier what would be the best way for the Board to build an Agenda. N. Javier told the Board that she gave them three options earlier. The Board should set a deadline as to when items can be forwarded to M. Barber. M. Barber suggested that seven days advance gives her the opportunity to get the packet together and advertise. M. Owen challenged the Board to participate in the community deanup this coming Saturday. T. Mitchell — None D. Fbhrer — None R FfIlans —None Chair Mahoney thanked the Board for working with him as Chair. He wished D. Darminio and B. Altenhoff good luck. He said he understood the Alaska Waste contract was extended. He looks forward to getting the Bell Feport. Meeting Scheduled Chair Mahoney set the next Work sson for May 21, 2008. Adioum There being no further businessthe meeting was adjourned at 6:55pm. N:\ E\ Baler Facility\ Waste Advisory Board\ F12008\ Minutes\ 07 May 2008 SUBM HIED BY: Mary d Barb •;;• et ary FIB Engineering/ Facilities Department APPROVED BY: Barry Altenhof, Chair Solid Waste Advisory Board Date: `'f l Co t b, Date: g to Di N:\ ER Baler Facility\ Solid Waste Advisory Board\ FY2008 \Minutes\ 07 May 2008 Board Members Present Not Present Excused Altenhof, Barry ✓ Hinkle, Bill ✓ Holm, Freya ✓ Mahoney, Ed ✓ Owen, Marion ✓ Pillans, Rick ✓ Rohrer, Dan ✓ Call to Order Chair Altenhoff called to order the Ibgular Meeting of the SNAB at 5:15pm on May 29, 2008. Roll Call M. Barber conducted a roll call and a quorum was established. The following persons were present: Also in attendance were: Ex- Officio Members Deb Darminio, Mark Kozak, Chris Lynch and Tracy Mitchell. Woody liming, Kodiak Island Borough. Others present were Lisa Polito, KMXrand Alan Torres. Citizens Comments SOU D WASTEADVISORY BOARD REGULAR M EE TI NG M I NU1E5 May 29, 2008 @ 5:15 PM 14B A9sembly Chambers L Polito asked the Board to come on "Talk of the Fbdk' radio show. It is held every Friday morning 9am — 10am. Consideration of Matters in the Call For The Special Meeting a. Consensus of Board Members To Make Recommendation to KlBAssembly The Need For The Q eation of a Public Relation s' Education Fbsition to Address All KIB Departmental Needs. N: \ EF\Baler Facility\ Solid Waste Advisory Board\ FY2008\ Minutes\ 07 May 2008 Chair Altenhoff stated there has been much discussion at previous work sessions regarding the need for a Rublic Fblations/ Education position. He handed out to the Board a Draft Document of issues that this position will have to address. &e attached. It was Moved, E Mahoney and seconded that the Board make recommendation to the Borough Assembly the need for the creation of a Riblic Iblations/ Education position to address all KIB departmental needs. Discussion followed and some points were what additional departments were going to benefit by this position, which of the issues will be brought up in the Bell Fbport, possibly request the Borough to provide funding to get active in the public education process instead of hiring a new employee. Motion Carried by a R::•11 CaII Vote with B. Altenhoff, F. Holm, M. Owen and R Rillansvoting Yes and E Mahoney voting No. E Mahoney called for Point of Order and asked to change his vote to the other side. He stated he will bring this bad before the Board at the next meeting. He also stated he would fill out the paperwork. B. Altenhoff asked if there was anything that they needed to do immediately. B. Altenhoff said okay, it's been noted and E Mahoney's vote was changed. b. Consensus of Board Members to Make Recommendation to KlBAssemblyto Remove City Dumpsters. B. Altenhoff read a letter from C Tracy with Alaska Waste regarding removal of public dumpsters inside City Limits. Discussion followed and it was Moved, E Mahoney and seconded to Table the Feoommedation until SNAB next regular meeting. Motion Car ried by a 11311 Call Vote. c. Section of Vice —Chair It was Moved, E Mahoney and seconded to elect F. Holm as Vice — Chair. Motion Carried by a III Call Vote. Adioum There being no further business the meeting was adjourned at 5:55pm. N:\ 9a Baler Facility\Solid Waste Advisory Board \FY2008 \Minutes\07 May 2008 SJRM ITT® BY: Mary J. Bar r, `-cretary KIB Engine ' • «cities Department APPROVE) BY: P r .I1,L1�..J' 4 Barry Altenhof, Chair Solid Waste Advisory Bo- d Date: `Gc. Date: N: \8\Baler Facility\Solid Waste Advisory Board\ R2008\ Minutes\ 07 May 2008 Board Members Present Not Present Excused Altenhof, Barry ✓ Hinkle, Bill ✓ 5 :30pm Holm, Freya ✓ Mahoney, Ed ✓ Owen, Marion ✓ Pillans, Rick ✓ Rohrer, Dan ✓ 5:20pm Also in attendance were: SOLID WASTE ADVISORY BOARD SPECIALM STING M INUTES April 24, 2008 @ 5:15 PM KFRC Conference Room Call to Order Chair Mahoney called to order the 9oecial Meeting of the 9NAB at 5:15pm on April 24, 2008 at KFFCConference loom. Fmll Call M. Barber conducted a roll call and a quorum was established. The following persons were present: Ex- Officio Members Deb Darminio, USA and Mark Kozak, City of Kodiak. Rck Gifford, Woody Koning and Mary Barber, Kodiak Island Borough. ()moll Tracy, Kodiak Sanitation. Others present were Alan Torres and Scott Arndt. Citizen's Comments None Consideration Of Matters In The Call For The Special Meeting a. Bedion of Chair and Vice -Chair B. Altenhoff made a Motion and it was seconded to entertain nominations to elect the Chair and Vice- Chair. Discussion followed and some concerns were the progress of the Board. The Board felt they needed to start moving forward and start making some decisions. N: \8\Baler Facility\ Solid Waste Advisory Board\ FY2008\ Minutes\ 24 April 2008 It was Moved, Chair Mahoney and seconded to Amend the Motion to postpone election until the next Ibgular Meeting. The Motion carried with a 5-2 Roll CaII Vote. B. Altenhoff, B. Hinkle, F. Holm, E Mahoney and D. Fbhrer voting Yes. M. Owen and R Fillansvoting No. Adioumment There being no further business the meeting was adjourned at 6:08pm. SUBMITTED BY: 2 n Mary d Bar KIB Engind e APPROVED BY cretary ng/ Facilities Department Barry Altenhoff, Chai Solid Waste Advisor and Date: (e) Date: N: \B Baler Facility\ lid Waste Advisory Board\ R2008\ Minutes\ 24 April 2008 BY: SECOND: 0 c..9, BY: zD SECOND: \)\ oe \), � BY: . 1 .-- f -- SECOND: ap\-e-fil' yj BY: \Z_b SECOND 0 04 '00 BY: SECOND: -v-- 0,10 it.e ‘civ gi ,v.,,,,, ev itg fi O't k YES NO YES NO YES NO YES NO YES NO Mr. Abell ✓ Mr Polf7A6eil Mr. Abell Mr Abell -Abell Ms. Branson ✓ Ms. Branson Ms. Branson Ms. Brans° lt, ✓ Ms. Branson Mr. Friend Y Mr. Friend Mr. Friend Mr. Friend / Mr. Friend Ms. Jeffrey V Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey / Ms. Jeffrey Ms. Lynch V Ms. Lynch Ms. Lynch Ms. Lynch ✓ Ms. Lynch Mr. Oswalt ✓' Mr. Oswalt Mr. Oswalt Mr. Oswalt / Mr. Oswalt Ms. Stutes / V Ms. Stutes Ms. Stutes Ms. Stutes 17 Ms. Stutes VERIFY: DOES ANYONE WISH TO CHANGE THEIR VOTE? VERIFY: DOES ANYONE WISH TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: 1 „ CI TOTAL: The mayor may nv to except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. not Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special g lao 0 9 � ecial P Convened: Date: Adjourned: BY: SECOND: C‘R \- i\ l '' . °).6 ,) u t l a \ c BY: SECOND: 0\ ra-.° I \ ' ,p- \ ,9,,, 4 s 4) 6 BY: VS SECOND: P t ." 9 :A C \j ‘r\q " BY: 1 SECOND:`W ?\.. , W BY: .T SECOND: y.r. , 1 ,■'11).1 YES NO YES NO YES NO YES NO YES NO Mr. A Mr Abell Mr AheII r. Abell ti Ms. Branson ✓ Ms. Branson Ms. Branson V Ms. Branson ✓ Ms. Branson Mr. Friend .1i ✓ Mr. Friend Mr. Friend ✓ Mr. Friend v Mr. Friend Ms. Jeffrey ✓ Ms. Jeffrey Ms. Jeffrey V Ms. Jeffrey / Ms. Jeffrey V Ms. Lynch ✓ Ms. Lynch Ms. Lynch V Ms. Lynch d" ✓ Ms. Lynch t / Mr. Oswalt ✓ Mr. Oswalt Mr. Oswalt Mr. Oswalt ✓ Mr. Oswalt+ ✓' Ms. Stutes Ms. Stutes Ms. Stutes V Ms. Stutes V Ms. Stutes V VERIFY: DOES ANYONE WISH TO CHANGE THEIR VOTE? VERIFY: DOES ANYONE WISH TO CHANGE THEIR VOTE? TOTAL: Lo 0 TOTAL: TOTAL: 0 TOTAL: j 0 TOTAL: ( lJ The mayor may not vote except in the case where only six members of the assembly are present and there s a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular 1 Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: Adjourned: BY: IS SECOND: v ., BY: SECOND: JR4 br - xn /\ BY: SECOND: (._° t\k) 9-2"-- BY: ` ` SECOND: A \e ek i, 9 , ) , BY: SECOND: 3 i Op , : 1 YES NO YES NO YES NO YES NO YES NO Mr. Atbe11 Mr. Abell Mr Ab II Mr -Abell Mr—Abell Ms. Branson V Ms. Bransorbf�, d � I / Ms. Branson ✓ Ms. Branson V Ms. Branson Mr. Friend V Mr. Friend V Mr. Friend ✓ Mr. Friend V Mr. Friend Ms. Jeffrey V Ms. Jeffrey ✓ Ms. Jeffrey Ms. Jeffrey e i Ms. Jeffrey Ms. Lynch Ms. Lynch V Ms. Lynch Mr. Oswalt V Ms. Lynch Mr. Oswalt V Ms. Lynch j a Mr. Oswalt / � 7 Mr. Oswalt V Mr. Oswalt Ms. Stutes 41 V Ms. Stutes v Ms. Stutes ✓ Ms. Stutes v Ms. Stutes I/ VERIFY: DOES ANYONE WISH TO CHANGE THEIR VOTE? VERIFY: DOES ANYONE WISH CHANGE THEIR VOTE? TOTAL: TOTAL: t 0 TOTAL: 0 TOTAL: TOTAL: (.9 0 The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular V Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET I Date: Olt < g Adjourned: BY: SECOND: BY: SECOND: BY: SECOND: BY: SECOND: BY: SECOND: YES NO YES NO YES NO YES NO YES NO Mr. Abett Mr. AbcII M'r. Ab Il tv1r. befl {y -,sett Ms. Branson V Ms. Branson Ms. Branson Ms. Branson Ms. Branson Mr. Friend V Mr. Friend Mr. Friend Mr. Friend Mr. Friend Ms. Jeffrey V Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch Mr. Oswalt j ,✓ Mr. Oswalt Mr. Oswalt Mr. Oswalt Mr. Oswalt Ms. Stutes V Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes VERIFY: DOES ANYONE WISH TO CHANGE THEIR VOTE? VERIFY: DOES ANYONE WISH TO CHANGE THEIR VOTE? TOTAL: l5, 0 TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular V Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: Adjourned: KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: Please print your name Please print your name �e►� Tu 0 ,0_ i \ c\ (1/4/\r`N\ 00J tk &/// D, ✓,<i 4