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2008-12-18 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, December 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 (*c) 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. *Special Meeting of November 20, 2008 and Regular Meeting of December 4, 2008. 6. AWARDS AND PRESENTATIONS A. Certificate of Recognition — Trevor Dunbar 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2009 -13 Amending Kodiak Island Borough Code Of Ordinances Title 3 Revenue And Finance Chapter 3.35 Real Property Tax Section 3.35.080 Reserve Policies. B. Ordinance No. FY2009 -01 C Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. Contracts 1. Contract No. FY2009 -07 with New World Systems Corporation to Upgrade the KIB Financial System from the AS400 Financial System to a Network Platform. 2. Contract No. FY2009 -03 Six Months Extension of Threshold Services, Inc. Contract. 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 -15 Updating The Name Of The Law Firm To Jamin Law Office And Specifying a Validity Date For The Agreement. 2. *Resolution No. FY2009 -16 Certifying the FY2009 Shared Fisheries Business Tax Program Application To Be True and Correct. C. Ordinances for Introduction — None. D. Other Items — None. 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. Solid Waste Advisory Board Regular Meeting of June 4, July 2, August 6, and October 1, 2008; and Special Meeting of July 23, 2008. B. Reports — None. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGEND All items listed with an asterisk O are consider by the Assembly and will be approved by discussion of these items unless an Asse item will be removed from the Consent A. ' oa and co on the agenda. 5. APPROVAL OF MINUTES A. *Special Meeting of November 20, 2� ® d ' ®�. r Meeting :i - cember 4, 2008. 6. AWARDS AND PRESENTATI 7 CITIZENS' COM A. Agenda It 8. COMMITTEE 9. Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, December 18, 2008, 7:30 p.m., Assembly Chambers rdinanceaI FY2 S "® Title 3 ReveriUAnd erve Policie • xftnance No. F Bud by Amendin� Funds .vween Prot 10. BOROUGH M REPORT 11. MESSAGES FROM ` HE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. Contracts 1. Contract No. FY2009 -07 with New World Systems Corporation to Upgrade the KIB Financial System from the AS400 Financial System to a Network Platform. 2. Contract No. FY2009 -03 Six Months Extension of Threshold Services, Inc. Contract. (Limited uled fo e routine and non - controversial n. There will be no separate requests, in which case the ed in its normal sequence er) General Comments Amen odiak Island Borough Code Of Ordinances rice Chap er 3.35 Real Property Tax Section 3.35.080 09- 01C ending Ordinance No. FY2009 -01 Fiscal Year 2009 Budgets to Provide for Additional Expenditures and Moving s. 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 -15 Updating The Name Of The Law Firm To Jamin Law Office And Specifying a Validity Date For The Agreement. 2. Resolution No. FY2009 -16 Certifying the FY2009 Shared Fisheries Business Tax Program Application To Be True and Correct. C. Ordinances for Introduction — None. D. Other Items — None. 14. CITIZENS' COMMENTS (Limited to Three Minutes ,e "•eaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No �� 'T= Required) A. Minutes of Other Meetings 1. Solid Waste Advisory Board Regu eet jf June 4, October 1, 2008; and Special Meetin• .® `� �� , 2008. B. Reports — None. August 6, and 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. Pape 2 of 2 CITIZENS' COMMENTS KODIAK ISLAND BOROUGH Assembly Special Meeting November 20, 2008 A special meeting of the Kodiak Island Borough Assembly was held Thursday, November 20, 2008 in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. Present were Mayor Jerome Selby, Assembly members Pat Branson, Jerrol Friend, Judy Fulp, David Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford and Borough Clerk Nova Javier. BRANSON moved to specifically excuse Assembly member Jeffrey who was out on personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Karen Rasmussen commented on the due process with the abbreviated plat procedure in the Borough code. She noted her concern that process was not followed and would like her rights protected and heard. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING PUBLIC HEARING I. Resolution No. FY2009 -11 Authorizing Participation in the State of Alaska Community Development Block Grant Program to Seek Grant Funds for the Planning of the Replacement of the Long Term Care Facility. After discussion with Providence staff, it was decided not to move forward with the grant application. There was a process to follow and both KIB staff and Providence staff would have difficulty to meet the application requirements prior to December 5, 2008. II. Resolution No. FY2009 -12 Authorizing a Cooperative Application With the Community of Karluk to the State of Alaska Community Development Block Grant Program to Seek Grant Funds to Relocate and Upgrade the Community Water Supply Tank. FRIEND moved to adopt Resolution No. FY2009 -11. This resolution was requested by Project Manager Kelly Larson, of the Alaska Native Tribal Health Consortium ( "ANTHC ") and Karluk IRA Tribal Council. Mr. Larson inquired if Kodiak Island Borough would be willing to apply for a State of Alaska Community Development Block Grant ( "CDBG ") to seek grant funds to relocate and upgrade the community of Karluk water supply tank. The community of Karluk is not an eligible participant in the Alaska Department of Commerce, Community and Economic Development CDBG program because the community is not governed by a municipal entity as defined by Title 29 of the Alaska Statutes. The community of Karluk identified a need to relocate and upgrade the community water supply tank, which qualified as an eligible project in the CDBG program. The Kodiak Island Borough could assist the community of Karluk in applying for a grant from the CDBG program by submitting a cooperative application to the program. Staff agreed to present their request to the Borough Assembly. Kodiak Island Borough Assembly Minutes November 20, 2008 Page 1 Mayor Selby opened the public hearing. Hearing and seeing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Kaplan, Lynch, and Stutes. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Kaplan, Lynch, Stutes, and Branson. The meeting adjourned at 7:45 p.m. ATTEST: Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes November 20, 2008 Page 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting December 4, 2008 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, December 4, 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 Pat Branson (arrived at 7:40 p.m.), Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. Mayor Selby noted that Assembly member Branson would be arriving late. FRIEND moved to excuse Assembly member Branson who is was out on personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA FRIEND moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES FULP moved to approve regular meeting minutes of November 6, 2008. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. AWARDS AND PRESENTATIONS Mayor Selby presented the Student of the Month Award to Cimone Trout, a senior at the Kodiak High School. CITIZENS' COMMENTS Barry Altenhof, Solid Waste Advisory Board (SWAB) Chairperson, updated the Assembly on the following issues: waste management plan, solid waste collection, and Bells Flats residents' concerns. He wanted to get the solid waste collection RFP reviewed thoroughly. He noted the State should look into some form of coastal recycling initiative. SWAB was planning to hold public forums to educate the public about recycling and dumpsters issues. He would like to see enforcement addressed. Mel Stephens addressed KIBC 3.10.130 Education fund. He would like the Assembly to make sure that these funds are not comingled with the other funds of the Borough since they are flexible funds that can be used for non -area wide purposes. Kodiak Island Borough Assembly Minutes December 4, 2008 Page 1 COMMITTEE REPORTS - None. PUBLIC HEARING A. Ordinance No. FY2009 -10 Rezoning Proposed Tract F Within US Survey 2261 and US Survey 4947 From C- Conservation To Li- Light Industrial Zoning District (Case 09 -002.) JEFFREY moved to adopt Ordinance No. FY2009 -10. With the rezoning of Tract F to LI —Light Industrial Zone, all the development occurring at the Trident Basin Seaplane base, upland and tideland, would fall within one zoning district LI -Light Industrial District. The city's upland development of this area had been allowed to occur under a conditional use in the C- Conservation District. Rezoning Tract F into LI -Light Industrial would allow for a number of uses that were not permitted in the C- Conservation district. This rezone was consistent with the Kodiak Island Borough Comprehensive Plan. The Planning and Zoning Commission recommended approval of this request after conducting a public meeting and composed findings of fact for its decision. 20 Public Hearing notices were mailed out on November 10, 2008; none were returned. Mayor Selby opened the public hearing. Seeing and hearing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. B. Ordinance No. FY2009 -11 Rezoning a Tract of Land in the Larsen Bay Townsite Legally Described as Tract A, Block 3, Lot 1 From R1- Single Family Residential To B- Business District (Case No. 03 -011.) STUTES moved to adopt Ordinance No. FY2009 -11. The Community Development Department received the rezone case in 2003. It was postponed by the Planning and Zoning Commission until after the completion of the Borough's Comprehensive Plan. Upon completion of this planning effort, the Planning and Zoning Commission traveled to Larsen Bay in May of 2008 and again in September to hold public hearings on the request. There were a number of parcels requested in the rezone. After public testimony, the commission recommended one of the lots which is the parcel where the existing Uyak Bay Lodge was located. The applicant was in agreement with the Commission's decision. After the September 20, 2008 public meeting in Larsen Bay and after receiving significant community public testimony, the Planning and Zoning Commission forwarded the case to the Borough Assembly with the recommendation to approve Larsen Bay Townsite, Tract A, Block 3, Lot 1 request for rezoning. The Commission's "findings of fact" supporting its decision was incorporated into an ordinance prepared for the Assembly. 28 Public Hearing notices were mailed out on November 10, 2008; none were returned. Mayor Selby opened the public hearing. Seeing and hearing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. Kodiak Island Borough Assembly Minutes December 4, 2008 Page 2 C. Ordinance No. FY2009 -12 Amending Kodiak Island Borough Code of Ordinances Title 15 Buildings And Construction to Standardize the Kodiak Island Borough and the City of Kodiak Building Codes. FRIEND moved to adopt Ordinance No. FY2009 -12. The Kodiak Island Borough and the City of Kodiak operate a combined building inspection program and agreed to coordinate the building codes adopted by each of the local governments in order to ensure continuity throughout the jurisdiction of the joint program. A joint Borough /City committee met to review the building codes adopted by the Borough and City, and recommended the Borough Assembly and City Council adopt updated versions of the building and fire codes. Mayor Selby opened the public hearing. Seeing and hearing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. BOROUGH MANAGER'S REPORT Administrative Office Cassidy reported that Manager Gifford would be out of town until Monday, December 8, 2008. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby expressed concern regarding the high energy costs both for gasoline and oil. He intended to approach the Alaska Municipal League for a possible investment pool to generate discussion. Clerk Javier asked if the Assembly would recess for their photo taking session. FRIEND moved to recess for approximately 15 or 20 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting reconvened at 8:05 p.m. NEW BUSINESS Contracts — None. Resolutions 1. Resolution No. FY2009 -13 Adopting a 2009 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. BRANSON moved to adopt Resolution No. FY2009 -13. As a regional government, the Kodiak Island Borough represents the communities of the Kodiak Island Archipelago. These communities include the City of Kodiak, City of Akhiok, City of Larsen Bay, City of Old Harbor, City of Ouzinkie, City of Port Lions, and the community of Karluk. There are improvements and infrastructures needed in these communities such as docks, airports, community utilities, and facilities. Kodiak Island Borough Assembly Minutes December 4, 2008 Page 3 Project needs were indentified and prioritized by each community and forwarded to the Kodiak Island Borough by resolution for inclusion into the 2009 State Legislative Capital Improvement Projects Priority List to be sent to the governor and state legislative delegation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. 2. Resolution No. FY2009 -14 Adopting the Kodiak Island Borough All Hazard Mitigation Plan and All Local Community Annexes to that Plan. JEFFREY moved to adopt Resolution No. FY2009 -14. With the assistance and participation of communities within the Kodiak Island Borough (KIB), the KIB Community Development Department obtained approval of the KIB Hazard Mitigation Plan by the Federal Emergency Management Agency (FEMA). FEMA approval of these local community annexes concluded the work on Phase 11 of the borough's hazard mitigation planning effort. All that remained to make this multi - jurisdictional plan effective was for the Kodiak Island Borough and each incorporated community within the borough to adopt their respective community annex as well as the overall plan. The need for a multi jurisdictional hazard mitigation plan in the borough dated back to November 2004. FEMA amended its policy by requiring that all states and local communities have a FEMA approved hazard mitigation plan in order to be eligible for FEMA Pre - Hazard and Post Disaster Mitigation funding. It was a requirement of FEMA to complete the adoption process before December 30, 2008 when the planning grant would expire. In order to facilitate the adoption timeline, KIB staff presented a compilation of plan chapters, some of which may be designated as draft. These chapters were the FEMA approved versions of the plan which required some reformatting or editing into a single final document once the plan was approved and in effect. For this reason complete copies of the plan were provided on a limited, as- needed, basis until the final edits could be completed. KIB staff recommended that the FEMA approved plan and associated annexes be approved in this draft format (as they were submitted to FEMA) so that the content of the plans could become fully effective for the Kodiak Island Borough and all incorporated communities within the borough. Any substantive changes needed in the plan or annexes would be documented for incorporation in the next plan revision cycle. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. Ordinances for Introduction 1. Ordinance No. FY2009 -13 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.35 Real Property Tax Section 3.35.080 Reserve Policies. JEFFREY moved to adopt Ordinance No. FY2009 -13 in first reading to advance to public hearing at the next regular meeting of the Assembly. To remain consistent with other jurisdictions, the Kodiak Island Borough Assessor's Office seeks to amend KIBC 3.35.080 by requiring applicants for exemption from real property taxes to comply with AS 29.45.030(f). The applicant must have been eligible for a Permanent Fund Dividend under AS 43.23.005 for that same year or for the immediately preceding year; or if the Kodiak Island Borough Assembly Minutes December 4, 2008 Page 4 individual had not or did not apply, the individual would have been eligible for one of the PFDs had they applied. Questions arose regarding AS 43.23.005(d) felony and misdemeanor convictions of individuals. Direction was given for Staff to look into this closer and possibly draft an amendment to include an appeal process. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. 2. Ordinance No. FY2009-01C Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. FRIEND moved to adopt Ordinance No. FY2009-01C in first reading to advance to public hearing at the next regular meeting of the Assembly. This ordinance • budgeted $12,000 for the school crossing guard program. • increased the Clerk's department $3,000 to cover APOC costs. • increased the child care assistance department $1,000 to $102,048. This was due to an increase in the State grant. • increased L.E.P.C. department $16,000 to $33,800. This was due to an increase in the State grant. • transferred $24,000 from the General Fund to the Borough Capital Projects fund to pay part of the costs to upgrade the New World Systems financial software from an AS400 platform to a .net platform. • transferred $160,530 from the Debt Service Other fund to Borough Capital Projects to pay the majority of costs to upgrade the New World Systems financial software from an AS400 platform to a .net platform. • transferred $10,000 from the Debt Service Other fund to the Debt Service fund to cover a $9,862 deficit • the Borough had taken the responsibility for the Hospital access and parking project, the foundation for the new clinic project, and the Providence Leasehold project. The total of these projects was $5,186,542. The sources of revenue were listed on the budget ordinance. • increased the Solid Waste Disposal fund $600,000. In FY2008 closure /post - closure costs were $819,143 but only $200,000 was budgeted for these costs in FY2009. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. Other Items 1. Mayoral Appointments of Assembly Representatives to Boards and Committees. STUTES moved to confirm the Mayoral appointments of Assembly member representatives to boards, committees, commissions, and councils. Architectural Review Board Jerrol Friend Joint Building Code Review Committee Jerrol Friend Kodiak College Council Judy Fulp Kodiak Fisheries Advisory Committee Sue Jeffrey Parks and Recreation Committee Dave Kaplan Kodiak Island Borough Assembly Minutes December 4, 2008 Page 5 Providence Health System Service Area Board Providence Kodiak Island Counseling Center Advisory Council School District Budget Advisory Committee School District Facilities Review Committee School District Strategic Planning Committee Solid Waste Advisory Board Mayor Selby serves on the Economic Development Committee and Emergency Services Council Mayor Selby asked that the Assembly confirm the appointments of Assembly member representatives to Boards, Committees, Commissions, and Councils. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. 2. Confirmation of Mayoral /Assembly Appointments to Different Boards, Committees, and Commissions. JEFFREY moved to confirm the Mayoral and Assembly appointments to different boards, committees, and commissions as follows: MAYORAL APPOINTMENTS Arts Council Advisory Board Cecelia A. Esparza to the seat to expire 2011 Sara Bruce to the seat to expire 2011 Parks and Recreation Committee Kevin Foster and Mike Sirofchuck to the seats to expire 2011 Planning and Zoning Commission Erin Harrington and Jim Purdy to the seats to expire 2011 Alan Torres to the seat to expire 2010 Solid Waste Advisory Board Barry Altenhof to the seat to expire 2011 Board of Equalization Cassandra Juenger to the seat to expire 2011 ASSEMBLY APPOINTMENTS Pat Branson Louise Stutes Dave Kaplan Chris Lynch Sue Jeffrey Chris Lynch Monashka Road Service Area Board Chaz Glagolich to the seat to expire 2011 - (This recommendation was based on a conversation with Clerk Javier. Mr. Glagolich expressed his desire to assume the seat declined by Mr. Withrow.) ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. Kodiak Island Borough Assembly Minutes December 4, 2008 Page 6 3. Recommendation for Appointment to Board Seats on the Providence Health System Kodiak Island Service Area Community Board. STUTES moved to recommend the appointment of Ken Knowles and Steven Honnold to the Providence Kodiak Island Service Area Community Board. Providence Kodiak Island Medical Center submitted the names of Ken Knowles and Steven Honnold to the Providence Kodiak Island Service Area Community Board. Per Contract No. 97 -07A: An advisory board meeting the requirements of 7AAC 13.030(a) will be appointed by Providence. One assembly member shall be appointed by Providence as a full voting member of the advisory board, and Providence shall give the borough the opportunity for review and comment before appointments to the advisory board are made. Ms. Branson was the Assembly representative, appointed under Item 13.D.1. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Fulp. CITIZENS' COMMENTS - None. ASSEMBLY MEMBER COMMENTS Assembly member Lynch congratulated Cimone Trout. She commented about the public comments during the SWAB meeting and hoped that the attitudes would remain positive instead of inhibiting the plan. She would like the Board to move forward in developing a long term plan. She also commented on the need for enforcement and asked that it needed to be discussed at the Strategic Planning meeting. Assembly member Stutes congratulated Cimone Trout. She thanked the SWAB for its hard work especially Chair Altenhoff. Assembly member Kaplan congratulated Cimone Trout and concurred with the comments of Mayor Selby regarding energy costs. Assembly member Friend congratulated Cimone Trout. He also would like the enforcement issue discussed. Assembly member Jeffrey congratulated Cimone Trout. She agreed that the public needs to be informed about solid wasted. She would like to see the Exxon Funds /Education Fund discussed at a future work session. She thanked all the volunteers for their time and expertise. Assembly member Fulp congratulated Cimone Trout. She would like to discuss the following in the future: junk vehicles and smoke free Kodiak. She hoped for increased tourism in Kodiak. Assembly member Branson just returned from her trip to Anchorage for the Alaska Commission on Aging. She noted the Governor's budget would be out on December 15. She agreed that the fuel investment pool was a great idea. She also thanked the volunteers. Kodiak Island Borough Assembly Minutes December 4, 2008 Page 7 Announcements The Mayor announced that the Kodiak Island Borough would be hosting the Kodiak Island Mayor's Conference on Friday, December 12 at 11 a.m. in the Borough Conference Room. The Kodiak Island Borough, in coordination with the Kodiak College, would be presenting a workshop titled "Board Forums" to be held at the Kodiak College, Benny Benson Room 106 on Saturday, December 13, 2008 from 9:30 a.m. to 12:30 p.m. The Borough Clerk's Office Staff would be holding training on Parliamentary Procedures and Open Meetings Act from 1:30 p.m. to 4 p.m. The workshop would be free Kodiak Island Borough boards, committees, and commissions including staff, and any interested community members. Seating was limited so those interested in attending were asked to RSVP with the Clerk's office at 486 -9310. The next work session was scheduled on Thursday, December 11 at 7:30 p.m. in the Borough Conference Room and the regular meeting was scheduled on Thursday, December 18 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. The meeting adjourned at 8:50 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes December 4, 2008 Page 8 KODIAK ISLAND BOROUGH AGENDA STATEMENT December 18, 2008 REGULAR MEETING ITEM NO: 9.A TITLE: Ordinance No. FY2009 -13 Amending Kodiak Island Borough Code Of Ordinances Title 3 Revenue And Finance Chapter 3.35 Real Property Tax Section 3.35.080 Reserve Policies. SUMMARY: In order to remain consistent with other jurisdictions, the Kodiak Island Borough Assessor's Office is seeking to amend KIBC 3.35.080 by requiring applicants for exemption from real property taxes to comply with AS 29.45.030(0. The applicant must have been eligible for a Permanent Fund Dividend under AS 43.23.005 for that same year or for the immediately preceding year; or if the individual has not or does not apply, the individual would have been eligible for one of the PFDs had they applied. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -13. Introduced by: Borough Manager Requested by: Borough Assessor 1 Drafted by: Borough Assessor 2 Introduced: 12/04/2008 3 Public Hearing: 12/18/2008 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2009 -13 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 REVENUE AND 11 FINANCE CHAPTER 3.35 REAL PROPERTY TAX SECTION 3.35.080 RESERVE POLICIES 12 13 WHEREAS, Kodiak Island Borough Code 3.35.080 addresses exemptions from real and 14 personal property tax as provided by AS 29.45.030(e); and 15 16 WHEREAS, this ordinance will amend to KIBC 3.35.080 in order to be consistent with other 17 jurisdictions within the State of Alaska; and 18 19 WHEREAS, the KIB Assessing staff expend considerable time and borough resources in 20 establishing Alaska residency for exemption applicants; and 21 22 WHEREAS, the Alaska Permanent Fund Dividend applicants must meet established residency 23 requirements yearly to qualify for a dividend; and 24 25 WHEREAS, AS 29.45.030(f) provides that to be eligible for an exemption under AS 26 29.45.030(e) for a year, a municipality may by ordinance require that an individual also meet the 27 requirements under one of the following paragraphs; 28 29 (1) The individual shall be eligible for a permanent fund dividend under AS 43.23.005 for that 30 same year or for the immediately preceding year; or 31 (2) If the individual has not applied or does not apply for one or both of the permanent fund 32 dividends, the individual would have been eligible for one of the permanent fund 33 dividends identified in (1) of this subsection had the individual applied and 34 35 WHEREAS, the Borough Attorney has reviewed this ordinance and found it to be enforceable; 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 38 BOROUGH that: 39 40 Section 1: This ordinance is of a general and permanent nature and shall become a part of 41 the Kodiak Island Borough Code of Ordinances; 42 43 Section 2: Title 3 Revenue And Finance Chapter 3.35 Real Property Tax Section 3.35.080 44 Reserve Policies is hereby amended as follows: 45 46 3.35.080 Real and personal property exempted from taxation. 47 The following described properties shall be exempt from any and all taxation otherwise imposed 48 under the foregoing sections: 49 A. All property belonging to the United States of America, the state of Alaska, the 50 borough, the city of Kodiak, or any other incorporated city lying and being within the boundaries 51 of the borough; 52 B. All property used exclusively for religious, educational, or charitable purposes, such 53 property used for religious purposes to be deemed to include the residences of a pastor, priest, Kodiak Island Borough, Alaska Ordinance No. FY2009 -13 Page 1 of 3 54 or minister of such religious organization and to further include all other property of such 55 organization not used for business, rent, or profit. Property of any religious, educational, or 56 charitable organization from which the organization derives any rentals or profits shall not be 57 exempt. Unimproved or vacant real property of any such organization which is not currently used 58 for religious, education, or charitable purposes shall be deemed to be property held or used for 59 profit, unless by deed restriction or otherwise the real property has been effectually dedicated to 60 future use for religious, educational, or charitable purposes only and cannot be sold or used for 61 any other purposes; 62 C. The property of any organization which is not organized for business purposes and 63 whose membership is composed entirely of veterans of any wars of the United States, as 64 recognized and chartered by the Congress of the United States, and the property of the auxiliary 65 of any such organization. Property of any such veteran's organization or auxiliary from which the 66 organization derives any rentals or profits shall not be exempt; 67 D. To be eligible for an exemption provided by AS 29.45.030(e) the individual applying for 68 the exemption must also meet requirements under one of the following two paragraphs: 69 1. The individual shall be eligible for a permanent fund dividend under AS 70 43.23.005 for that same year or for the immediately preceding year; or 71 2. If the individual has not applied or does not apply for one or both of the 72 permanent fund dividends, the individual would have been eligible for one of the permanent fund 73 dividends identified in (1) of this subsection had the individual applied. 74 S. E. In the event that a claimant fails to apply for an exemption provided by AS 75 29.45.030(e) by January 15th of the assessment year for which the exemption is sought, the 76 borough assessor for good cause shown may waive the claimant's failure to make timely 77 application for the exemption for that year and shall accept the application as if timely filed 78 subject to the provisions contained in AS 29.45.030(e). 79 Good cause shall include but not necessarily be limited to: 80 1. Mistake; 81 2. Inadvertence; or 82 3. Excusable neglect; 83 Waiver may only be granted for the year in which an application is filed and for the year 84 immediately prior. Assessor's rulings under this provision may be appealed to the borough 85 assembly which for good cause shown may waive an applicant's failure to file timely and may 86 direct the assessor to accept the application as if timely filed subject to the provisions contained 87 in AS 29.45.030(e). 88 € F. The private interests, other than fee simple record ownership, in real property of an 89 individual residing in the property if the property has been developed, improved, or acquired with 90 federal funds for low- income housing and is owned or managed as low- income housing by the 91 Alaska State Building Authority or a regional housing authority formed under AS 18.55.996. This 92 section does not prohibit the borough from continuing to receive payments in lieu of taxes 93 authorized under federal law. This section applies only to those low- income housing units in 94 existence prior to January 1, 1989, hence, any new projects, real property acquisitions and 95 additions to the existing properties after January 1, 1989, shall require an ordinance of the 96 assembly prior to the granting of an exemption under this section; 97 F,. G. The increase in assessed value of improvements to real property if an increase in 98 assessed value is directly attributable to landscaping, or new maintenance, repair, or renovation 99 of an existing structure, and if the alteration, maintenance, repair, or renovation, when 100 completed, enhances the exterior appearance or aesthetic quality of the land or structure. An 101 exemption may not be allowed under this subsection for the construction of an improvement to a 102 structure if the principal purpose of the improvement is to increase the amount of space for 103 occupancy or nonresidential use in the structure or for the alteration of land as a construction 104 activity. An exemption provided in this subsection may continue for up to four years from the date 105 the improvement is completed or from the date of approval for the exemption by the local 106 assessor, whichever is later; and Kodiak Island Borough, Alaska Ordinance No. FY2009 -13 Page 2 of 3 107 Q. H. Property of an organization not organized for business or profit making purposes 108 and used exclusively for community purpose activities is exempt from taxation under this 109 subchapter. 110 1. The assessor may from time to time require such information as is reasonably 111 necessary to determine the character of the organization and the nature of uses made. The 112 exemption provided in this section is not applicable unless the required information is provided to 113 the assessor. 114 2. For purposes of this section, a qualifying community purpose organization must 115 be active and qualified for tax exempt status under section 501(c) of the Internal Revenue 116 Service Tax Code. 117 3. The property of the following organizations shall be exempt from real and 118 personal property taxation under this section: 119 a. Kodiak Island Sportsman's Association; 120 b. Kodiak Senior Center; 121 c. Kodiak State Fairgrounds — Kodiak Jaycees; 122 d. Kodiak Chamber of Commerce; and 123 e. Kodiak Island Convention and Visitors Bureau. 124 125 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 126 THIS DAY OF 2008 127 128 129 KODIAK ISLAND BOROUGH 130 131 132 133 Jerome M. Selby, Borough Mayor 134 135 ATTEST: 136 137 138 139 Nova M. Javier, CMC, Borough Clerk 140 141 Kodiak Island Borough, Alaska Ordinance No. FY2009 -13 Page 3 of 3 NOTE: ORDINANCE NO. FY2009 -13 PROPOSED LANGUAGE BASED ON ASSEMBLY DISCUSSION (BLUE TEXT) educational, or charitable organization from which the organization derives any rentals or profits shall not be exempt. Unimproved or vacant real property of any such organization which is not currently used for religious, education, or charitable purposes shall be deemed to be property held or used for profit, unless by deed restriction or otherwise the real property has been effectually dedicated to future use for religious, educational, or charitable purposes only and cannot be sold or used for any other purposes; C. The property of any organization which is not organized for business purposes and whose membership is composed entirely of veterans of any wars of the United States, as recognized and chartered by the Congress of the United States, and the property of the auxiliary of any such organization. Property of any such veteran's organization or auxiliary from which the organization derives any rentals or profits shall not be exempt; D. To be eligible for an exemption provided by AS 29.45.030(e) the individual applying for the exemption must also meet requirements under one of the following two paragraphs: 1. The individual shall meet the residency requirements to be eligible for a permanent fund dividend under AS 43.23.005 for that same year or for the immediately preceding year; or 2. If the individual has not applied or does not apply for one or both of the permanent fund dividends, the individual would have met the residency requirements to have been eligible for one of the permanent fund dividends identified in (1) of this subsection had the individual applied. E. F. In the event that a claimant fails to apply for an exemption provided by AS 29.45.030(e) by January 15th of the assessment year for which the exemption is sought, the borough assessor for good cause shown may waive the claimant's failure to make timely application for the exemption for that year and shall accept the application as if timely filed subject to the provisions contained in AS 29.45.030(e). Good cause shall include but not necessarily be limited to: 1. Mistake; 2. Inadvertence; or 3. Excusable neglect; Waiver may only be granted for the year in which an application is filed and for the year immediately prior. Assessor's rulings under this provision may be appealed to the borough assembly which for good cause shown may waive an applicant's failure to file timely and may direct the assessor to accept the application as if timely filed subject to the provisions contained in AS 29.45.030(e). G. The private interests, other than fee simple record ownership, in real property of an individual residing in the property if the property has been developed, improved, or acquired with federal funds for low- income housing and is owned or managed as low- income housing by the Alaska State Building Authority or a regional housing authority formed under AS 18.55.996. This section does not prohibit the borough from continuing to receive payments in lieu of taxes authorized under federal law. This section applies only to those low- income housing units in existence prior to January 1, 1989, hence, any new projects, real property acquisitions and additions to the existing properties after January 1, 1989, shall require an ordinance of the assembly prior to the granting of an exemption under this section; AS 43.23.005. Eligibility. (a) An individual is eligible to receive one permanent fund dividend each year in an amount to be determined under AS 43.23.025 if the individual (1) applies to the department; (2) is a state resident on the date of application; (3) was a state resident during the entire qualifying year; (4) has been physically present in the state for at least 72 consecutive hours at some time during the prior two years before the current dividend year; (5) is (A) a citizen of the United States; (B) an alien lawfully admitted for permanent residence in the United States; (C) an alien with refugee status under federal law; or (D) an alien that has been granted asylum under federal law; (6) was, at all times during the qualifying year, physically present in the state or, if absent, was absent only as allowed in AS 43.23.008 ; and (7) was in compliance during the qualifying year with the military selective service registration requirements imposed under 50 U.S.C. App. 453 (Military Selective Service Act), if those requirements were applicable to the individual, or has come into compliance after being notified of the lack of compliance. (b) [Repealed, Sec. 18 ch 4 SLA 1992]. (c) A parent, guardian, or other authorized representative may claim a permanent fund dividend on behalf of an unemancipated minor or on behalf of a disabled or an incompetent individual who is eligible to receive a payment under this section. Notwithstanding (a)(2) - (4) of this section, a minor is eligible for a dividend if, during the two calendar years immediately preceding the current dividend year, the minor was born to or adopted by an individual who is eligible for a dividend for the current dividend year. (d) Notwithstanding the provisions of (a) - (c) of this section, an individual is not eligible for a permanent fund dividend for a dividend year when (1) during the qualifying year, the individual was sentenced as a result of conviction in this state of a felony; (2) during all or part of the qualifying year, the individual was incarcerated as a result of the conviction in this state of a (A) felony; or (B) misdemeanor if the individual has been convicted of (i) a prior felony as defined in AS 11.81.900 ; or (ii) two or more prior misdemeanors as defined in AS 11.81.900 . (e) [Repealed, Sec. 64 ch 21 SLA 1991]. (f) In a time of national military emergency, the commissioner may waive the requirement of (a)(4) of this section for an individual absent from the state under military orders while serving in the armed forces of the United States, or for the spouse and dependents of that individual. (g) For purposes of applying (d)(1) of this section, the date the court imposes a sentence or suspends the imposition of sentence shall be treated as the date of conviction. For purposes of applying (d)(2)(B) of this section, multiple convictions arising out of a single criminal episode shall be treated as a single conviction. (h) If an individual who would otherwise have been eligible for a permanent fund dividend dies after applying for the dividend but before the dividend is paid, the department shall pay the dividend to a personal representative of the estate or to a successor claiming personal property under AS 13.16.680. If an individual who would otherwise have been eligible for a dividend and who did not apply for the dividend dies during the application period, a personal representative of the estate or a successor claiming personal property under AS 13.16.680 may apply for and receive the dividend. Notwithstanding AS 43.23.011 , the application for the dividend may be filed by the personal representative or the successor at any time before the end of the application period for the next dividend year. TITLE: SUMMARY: FISCAL NOTES: See attached. Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 18, 2008 REGULAR MEETING ITEM NO: 9.B Ordinance No. FY2009 -01C Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. This ordinance • budgets $12,000 for the school crossing guard program. • increases the Clerk's department $3,000 to cover APOC costs. • increases the child care assistance department $1,000 to $102,048. This is due to an increase in the State grant. • increases L.E.P.C. department $16,000 to $33,800. This is due to an increase in the State grant. • transfers $24,000 from the General Fund to the Borough Capital Projects fund to pay part of the costs to upgrade the New World Systems financial software from an AS400 platform to a net platform. • transfers $160,530 from the Debt Service Other fund to Borough Capital Projects to pay the majority of costs to upgrade the New World Systems financial software from an AS400 platform to a .net platform. • transfers $10,000 from the Debt Service Other fund to the Debt Service fund to cover a $9,862 deficit • the Borough has taken the responsibility for the Hospital access and parking project, the foundation for the new clinic project, and the Providence Leasehold project. The total of these projects is $5,186,542. The sources of revenue are listed on the budget ordinance. • increases the Solid Waste Disposal fund by $40,000. Closure /post - closure costs were budgeted at $200,000 but now are projected to be $240,000. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -01C. Introduced by: Borough Manager Requested by: Borough Manager 1 Drafted by: Finance Director 2 Introduced: 12/04/2008 Public Hearing: 12/18/2008 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2009 -01(C) 7 8 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 9 AMENDING ORDINANCE NO. FY2009 -01 FISCAL YEAR 2009 BUDGET BY 10 AMENDING BUDGETS TO PROVIDE FOR ADDITIONAL EXPENDITURES 11 AND MOVING FUNDS BETWEEN PROJECTS 12 13 WHEREAS, funds for the school crossing guard program were not included in the original 14 FY2009 budget; and 15 16 WHEREAS, an additional $3,000 needs to be added to the Clerk's department as authorized 17 by the Assembly to cover advertising expenses for Proposition No. 1 regarding financial 18 disclosure; and 19 20 WHEREAS, the State grant for child care is $1,000 more than is currently budgeted; and 21 22 WHEREAS, the L.E.P.C. grant is $16,000 more than budgeted; and 23 24 WHEREAS, there is a $9,862 deficit in the Debt Service fund; and 25 26 WHEREAS, the Debt Service Other fund has $170,530 in funds that are not needed; and 27 28 WHEREAS, the Borough needs to move its financial software program from an AS400 29 platform to a .Net platform; and 30 31 WHEREAS, it is estimated that the closure /post - closure costs at the landfill will be $40,000 32 more than budgeted; and 33 34 WHEREAS, the Borough is going to manage the KIB- Hospital Parking Lot/ADA Access 35 project, the Kodiak Community Health Center project, and the Providence Leasehold project; 36 and 37 38 WHEREAS, the Solid Waste Disposal fund needs to be increased by $40,000. In FY2008 39 closure /post - closure costs were $819,143 but only $200,000 was budgeted for these costs in 40 FY2009; 41 Kodiak Island Borough, Alaska Ordinance No. FY2009 -01C Page 1 of 2 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 44 BOROUGH THAT: 45 46 Section 1: This ordinance is not of general application and shall not be codified. 47 48 Section 2: The FY2009 budget will be amended per the attached nine page schedule. 49 50 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 51 THIS DAY OF 2008 52 53 KODIAK ISLAND BOROUGH 54 55 56 Jerome M. Selby, Borough Mayor 57 58 ATTEST: 59 60 61 Nova M. Javier, CMC, Borough Clerk 62 Kodiak Island Borough, Alaska Ordinance No. FY2009-01C Page 2 of 2 FY0009 -01 B Revised As of Difference Budget Revised Budget 10/31/08 % Adjustments Budget Fund 100 General Fund Revenues: Property Tax 9,082,500 9,149,647 (67,147) 101% 9,082,500 Boat & Motor Vehicle Tax 251,000 72,892 178,108 29% 251,000 Payment in Lieu of Taxes 813,000 16,767 796,233 2% 813,000 Severance Taxes 1,288,213 452,943 835,270 35% 1,288,213 Penalties & Int on tax 175,000 53,889 121,111 31% 175,000 Licenses and Permits 66,250 28,375 37,875 43% 66,250 Federal Shared Revenue 350,075 350,075 0% 350,075 Temporary Fiscal Relief 751,477 777,571 (26,094) 103% 751,477 Raw Fish Tax 1,000,000 1,236,280 (236,280) 124% 1,000,000 Raw Fish Tax - Offshore 50,000 50,000 0% 50,000 Other State Revenue 26,000 26,000 0% 26,000 Fines 500 138 362 28% 500 Interest Earnings 300,000 45,564 254,436 15% 300,000 Miscellaneous 25,500 8,606 16,894 34% 25,500 Use of Fund Balance 1,344,798 1,344,798 0% 39,000 1,383,798 Sale of Fixed Assets - Transfer In - Total 15,524,313 11,842,672 3,681,641 76% 39,000 15,563,313 Expenditures: Borough Assembly 186,440 40,850 145,590 22% 186,440 Borough Manager 358,600 119,835 238,765 33% 358,600 Borough Clerk 411,510 142,827 268,683 35% 3,000 414,510 Borough Attorney 130,000 11,179 118,821 9% 130,000 Finance Department 691,640 190,895 500,745 28% 691,640 Management Information Services 588,533 149,254 439,279 25% 588,533 Assessing Department 440,760 127,902 312,858 29% 440,760 Engineering/ Facilities Dept 158,715 35,003 123,712 22% 158,715 Community Development 749,780 168,885 580,895 23% 749,780 Building Official 147,765 38,612 109,153 26% 147,765 Economic Development 75,000 21,500 53,500 29% 75,000 General Administration 297,600 96,269 201,331 32% 297,600 Emergency Preparedness 8,800 3,357 5,443 38% 8,800 School District Support 10,783,220 3,466,209 7,317,011 32% 10,783,220 Health and Sanitation 233,000 232,699 301 100% 233,000 Animal Control 82,500 42,063 40,437 51% 82,500 Culture and Recreation 81,000 74,110 6,890 91% 12,000 93,000 Colledge and Libraries 93,000 3,000 90,000 3% 93,000 Transfers Out 6,450 6,450 0% 24,000 30,450 Total 15,524,313 4,964,449 10,559,864 32% 39,000 15,563,313 Fund 205 Child Care Assistance Program Revenue 101,048 25,262 75,786 25% 1,000 102,048 Expenditures 101,048 16,942 84,106 17% 1,000 102,048 Fund 210 Land Sales Revenue Expenditures Ordinance No. FY2009 -01C 97,771 9,905 87,866 10% 97,771 97,771 4,294 93,477 4% 97,771 1 Backup Info Revised As of Difference Budget Revised Budget 10/31/08 % Adjustments Budget Fund 220 Buildings and Grounds Revenues Revenues 438,410 181,657 256,753 41% 438,410 Transfers in 185,000 185,000 0% 185,000 Use of Fund Balance 89,075 89,075 0% 89,075 Total Revenues 712,485 181,657 530,828 25% 712,485 Expenditures - - Borough Building 408,985 107,006 301,979 26% 408,985 MHC Apartments 10,000 3,342 6,658 33% 10,000 School Buildings 287,500 190,776 96,724 66% 287,500 Parks 6,000 3,356 2,644 56% 6,000 Total Expenditures 712,485 304,480 408,005 43% 712,485 Fund 230 Coastal Management Revenues 24,000 - 24,000 0% 24,000 Expenditures - - - CMG Regular 24,000 4,576 19,424 19% 24,000 Total Expenditures 24,000 4,576 19,424 19% 24,000 Fund 234 L.E.P.C. Revenues LEPC 17,800 17,800 0% E.O.P. Grant - - 0% Revenues 17,800 - 17,800 0% 16,000 33,800 17,800 Expenditures - Expenditures-LEPC 17,800 6,455 11,345 36% 16,000 33,800 Expenditures -FEMA grant - - 0% - Total Expenditures 17,800 6,455 11,345 36% 17,800 Fund 240 Womens Bay Road Service Revenues 124,057 132,585 (8,528) 107% 124,057 Expenditures 124,057 19,605 104,452 16% 124,057 Fund 242 Service District No. 1 Revenues 269,700 295,156 (25,456) 109% 269,700 Expenditures 269,700 13,049 256,651 5% 269,700 Fund 243 Service Area No. 2 Revenues 100 40 60 100 Expenditures 100 100 100 Fund 244 Monaska Bay Road District Revenues 52,590 52,023 567 99% 52,590 Expenditures 52,590 3,175 49,415 6% 52,590 Fund 246 Bay View Road Service Area Revenues 5,700 7,175 (1,475) 126% 5,700 Expenditures 5,700 2,897 2,803 51% 5,700 Fund 250 Fire Protection Area No. 1 Revenues 415,900 431,239 (15,339) 104% 415,900 Expenditures 415,900 100,474 315,426 24% 415,900 Fund 252 Womens Bay Fire Department Revenues 95,980 74,902 21,078 78% 95,980 Expenditures 95,980 26,948 69,032 28% 95,980 Ordinance No. FY2009 -01C 2 Backup Info Fund 254 KIB Airport Fire District Revenues Expenditures Fund 260 Woodland Acres Street Lights Revenues 8,420 84,449 (76,029) 1003% 8,420 Expenditures 8,420 1,389 7,031 16% 8,420 Fund 261 Trinity Islands Lighting Dist. Revenues 3,920 3,890 Expenditures 3,920 486 3,434 12% 3,920 Fund 262 Mission Lake Tide Gate Revenues 3,700 3,736 (36) 101% 3,700 Expenditures 3,700 355 3,345 10% 3,700 Fund 263 Trinity Islands Paving Dist. Revenues 20,060 28,403 (8,343) 142% 20,060 Expenditures 20,060 124 19,936 1 20,060 Fund 275 Kodiak Arts Council Revenues 68,360 20,387 Expenditures 68,360 20,969 Fund 276 Facilities Fund Revenues 1,890,000 368,277 1,521,723 19% 1,890,000 Expenditures/Transfers Out: Building Insurance 185,000 185,000 0% 185,000 Debt Service 1,150,000 1,150,000 0% 1,150,000 Capital Projects Fund 495 397,540 397,540 0% 397,540 Capital Projects Fund 430 0% Contingencies 0% Contengencies - inflation proofing 157,460 157,460 0% 157,460 Total Expenditures 1,890,000 1,890,000 0% 1,890,000 Fund 277 Tourism Development Revenues Expenditures Fund 290 Fern Fuller Trust Revenues Expenditures Ordinance No. FY2009 -01C Revised As of Difference Budget Revised Budget 10/31/08 % Adjustments Budget 13,070 13,751 (681) 105% 13,070 28 13,042 0% 70,980 70,980 78,761 27,557 (7,781) 111% 43,423 39% 3 Backup Info 13,070 13,070 30 99% 3,920 47,973 30% 68,360 47,391 31% 68,360 70,980 70,980 75,000 3,335 71,665 4% 75,000 75,000 2,164 72,836 3% 75,000 Fund 300 Debt Service Revenues State Debt Reimbursement Interest Earnings Transfers in General Fund - Education General Fund - Health Facilities Fund Hospital Fund Bond Premium Use of fund balance Total Revenues Expenditures Expenditures - School Debt Expenditures - Hospital Debt Expenditures - Karluk Loans Expenditures -Other Debt Total Expenditures Fund 310 Debt Service Other Revenues Expenditures Ordinance No FY2009 -01C Revised As of Difference Budget Revised Budget 10/31/08 % Adjustments Budget 2,144,617 182,273 1,962,344 8% 2,144,617 10,000 160 9,840 2% 10,000 763,036 763,036 0% 10,000 773,036 1,150,000 1,150,000 0% 1,150,000 0% - 4,067,653 182,433 3,885,220 0% 3,295,550 762,167 2,533,383 23% 765,500 85,247 680,253 11% 6,603 6,603 0% - - 0% 4,067,653 847,414 3,220,239 21% 10,000 4,077,653 10,000 3,305,550 765,500 6,603 10,000 4,077,653 0% 170,530 170,530 0% 170,530 170,530 4 Backup info Fund 410 - Borough Capital Projects: Revenues: Interest Earnings 304,898 304,898 0% 304,898 Contributions for BMX track 39,670 39,670 0% 39,670 State Grant 540,508 540,508 0% 540,508 Miscellaneous - - 0% Total Revenues 885,076 885,076 0% 885,076 Operating Transfers In: - General Fund 517,352 517,352 0% 24,000 541,352 Building and Grounds Fund 50,000 50,000 Bayside Fire Department 448,800 448,800 0% 448,800 Facilities Fund 1,434,384 1,434,384 0% 1,434,384 Fund 310 160,530 160,530 Fund 420 2,843,751 2,843,751 0% 2,843,751 Total Operating Transfers In 5,294,287 - 5,294,287 0% 184,530 5,478,817 Total Revenues 6,179,363 6,179,363 0% 184,530 6,363,893 Projects: 85 Village Metals 150,000 121,257 28,743 81% 150,000 146 BMX Bike Trail 94,670 85,242 9,428 90% 94,670 174 Bayside Storage Addition & Engine Bay 426,800 102,691 324,109 24% 426,800 00102 Bayside Underground Electrical 22,000 - 22,000 0% 22,000 03105 Northstar School road /parking lot design 50,000 29,376 20,624 59% 50,000 03108 Borough Building Parking Lot 50,000 50,000 0% 50,000 03106 KHS emergency generator 50,000 50,000 0% 50,000 03109 Borough Building air handling penthouse 10,000 10,000 0% 10,000 03110 Borough Building emergency generator 20,000 2,353 17,647 12% 20,000 03120 WB Comm Plan Revision 33,380 22,392 10,988 67% 33,380 05022 KMS Seismic Upgrade 410/523 2,700,000 4,001,414 (1,301,414) 0% 2,700,000 05023 Peterson Seismic Upgrade 684,259 714,855 (30,596) 104% 684,259 05025 High School Gym Seismic 50,000 5,213 44,787 10% 50,000 06001 Computer Upgrade 114,000 114,000 100% 114,000 07015 High School kitchen floor 12,323 12,323 100% 12,323 07016 R and replacement of culverts at Panamaroff Creek 30,000 - 30,000 0% 30,000 07017 Hospital Solarium 25,000 25,000 - 100% 25,000 07018 HS Pool Repairs 40,000 - 40,000 0% 40,000 08001 Kodiak Middle School Asbestos Abatement 182,000 131,333 50,667 72% 182,000 08002 Main elementary Asbestous abatment 43,000 32,800 10,200 76% 43,000 08003 HS Soil Remediation 497,000 460,509 36,491 93% 497,000 08004 Computer Assisted Mass Appraisal and Collection Prg 400,000 117,895 282,105 29% 400,000 XXXX Upgrade to NWS - - 0% 184,530 184,530 Tranfer to Fund 430 390,000 390,000 0% 390,000 Other Projects 104,931 104,931 0% 104,931 Total Borough Projects 6,179,363 5,978,653 200,710 97% 184,530 6,363,893 Ordinance No. FY2009 -01C Capital Projects Revised As of Difference Budget Revised Budget 10/31/08 % Adjustments Budget 5 Backup Info Fund 420 -GO Bond Projects: Revenues: Interest Earnings 3,633,918 3,137,088 496,830 86% 3,633,918 Proceeds from bond 2004A Bond Issue 9,302,760 9,302,760 - 100% 9,302,760 Proceeds from bond 2004B Bond Issue 11,050,000 11,050,000 100% 11,050,000 Proceeds from bond 2008 Bond Issue 8,000,000 8,000,000 100% 8,000,000 31,986,678 31,489,848 496,830 98% 31,986,678 Projects: 03119 New Swimming Pool 14,595,000 7,240,686 7,354,314 50% 14,595,000 04101 Old Harbor Gym /Voc Ed renovation 2,251,134 3,673 2,247,461 0% 2,251,134 04102 Larsen Bay School floor repair 339,883 2,110 337,773 1% 339,883 04103 Ouzinkie Gym renovation 2,933,305 1,094,422 1,838,883 37% 2,933,305 05002 Evacuation Center earthquake evaluation 500,000 327,272 172,728 65% 500,000 05009 Kodiak Middle School concrete repair 237,918 9,383 228,535 4% 237,918 05010 Kodiak High School asbestos & floor covering 304,704 212,518 92,186 70% 304,704 05011 District -wide floor covering replacement 728,708 500,059 228,649 69% 728,708 05012 Kodiak High School heating and ventilation 250,000 208 249,792 0% 250,000 05013 Kodiak High School insulastion and windows 596,020 4,249 591,771 1% 596,020 05014 Kodiak High School and Middle School roof repair 600,000 617,365 (17,365) 103% 600,000 05015 High School Voc ed /classroom reclaimation 4,840,788 168,913 4,671,875 3% 4,840,788 05016 East School heating and ventilation 520,000 127,136 392,864 24% 520,000 05017 Learning Center renovation 27,467 27,467 100% 27,467 KMS Seismic Upgrade, Phase II - - 0% - Ouzinkie Sprinkler System 330,000 - 330,000 0% 330.000 Ouzinkie Generator Replacement 88,000 - 88,000 0% 88,000 Transfers to Project 05022 Fund 410 2,700,000 2,700,000 0% 2,700,000 Transfers to Project 05023 Fund 410 143,751 143,751 0% 143,751 Contingencies - - 0% - 31,986,678 10,335,461 21,651,217 32% 31,986,678 Ordinance No. FY2009 -01C Revised As of Difference Budget Revised Budget 10/31/08 % Adjustments Budget 6 Backup Info Fund 430 -State Capital Grant Projects: Revenues: KIB Waste Management Implementation 1,741,400 1,741,400 0% 1,741,400 Anton Larsen Bay Boat Ramp 560,000 560,000 0% 560,000 Chiniak Grant 20,000 20,000 0% 20,000 ADF &G, fish research 200,000 200,000 0% 200,000 Coastal Impact Program CIAP Grant 189,985 189,985 0% 189,985 Homeland Security 17,733 17,733 0% 17,733 06008 Summit Lake Trail 23,500 23,500 0% 23,500 06007 ADF & G Building Design 1,500,000 1,500,000 0% 1,500,000 2005 Pre Disaster Mitigation Grant 41,724 41,724 0% 41,724 05022 KMS Seismic Upgrade 410/523 938,633 938,633 0% 938,633 05026 HS Library Wing Seismic Retrofit 465,618 465,618 0% 465,618 07001 Area Wide School Equipment and Supplies 70,000 70,000 0% 70,000 07003 Island Lake Trail 48,000 48,000 0% 48,000 07004 Larsen Bay Equipment 70,000 70,000 0% 70,000 07005 Main elementay School Playground Equipment 25,000 25,000 0% 25,000 07006 Port Lions Community Workshop 10,000 10,000 0% 10,000 07008 School Facilities Seismic Repairs 910,000 910,000 0% 910,000 07009 Tsunami Siren, Upgrades & Additions 100,000 100,000 0% 100,000 07010 ADF & G Near Island Facility 500,000 500,000 0% 500,000 07011 Ouzinkie Dock Replacement 570,000 570,000 0% 570,000 07012 Ouzinkie School Seismic Upgrade 308,344 308,344 0% 308,344 East Elementary School Siesmic Upgrade 138,606 138,606 0% 138,606 School District Computer Grant 70,000 70,000 0% 70,000 Emergency Communications and Planing 30,000 30,000 0% 30,000 08007 Kodiak Middle School Playground Equipment 10,000 10,000 0% 10,000 08006 Area Wide School Supplies and Equipment 130,000 130,000 0% 130,000 08008 Near Island Fish and Game Building 950,000 950,000 0% 950,000 Non - Structural Seismic Upgrades for Kodiak Schools - MEP 132,249 132,249 0% 132,249 Non - Structural Seismic Upgrades for Kodiak Schools- Bracing 75,490 - 75,490 0% 75,490 Transfers in from fund 410 526,350 526,350 0% 526,350 Anton Larson Boat Ramp 60,000 60,000 0% 60,000 Coastal Impact Program 130,000 130,000 0% 130,000 Dingell- Johnson Contribution 140,000 140,000 0% 140,000 Total Revenues 10,702,632 - 10,702,632 0% 10,702,632 Projects: 164 KIB Waste Management Implementation 1,741,400 936,714 804,686 54% 1,741,400 177 Anton Larsen Bay Boat Ramp 896,350 875,200 21,150 98% 896,350 02107 ADF &G Research Study 200,000 152,448 47,552 76% 200,000 03114 Coastal Impact Program 319,985 307,471 12,514 96% 319,985 03118 Chiniak Multi -use Grant 20,000 20,000 - 100% 20,000 05019 Homeland Security 17,733 14,430 3,303 81% 17,733 05020 2005 PreDisaster Mitigation Grant 41,724 55,551 (13,827) 133% 41,724 05022 KMS Seismic Upgrade 410/523 938,633 938,633 - 0% 938,633 05026 HS Library Wing Seismic Retrofit 465,618 637,082 (171,464) 137% 465,618 06007 ADF & G Building Design 1,500,000 4,411 1,495,589 0% 1,500,000 06008 Summit Lake Trail 23,500 18,181 5,319 77% 23,500 07001 Area Wide School Equipment and Supplies 70,000 64,804 5,196 93% 70,000 07003 Island Lake Trail 48,000 3,817 44,183 8% 48,000 07004 Larsen Bay Equipment 70,000 55,000 15,000 79% 70,000 07005 Main elementay School Playground Equipment 25,000 - 25,000 0% 25,000 07006 Port Lions Community Workshop 10,000 3,147 6,853 31% 10,000 07007 School District Computer Grant 70,000 - 70,000 0% 70,000 07008 School Facilities Seismic Repairs 1,300,000 - 1,300,000 0% 1,300,000 07009 Tsunami Siren, Upgrades & Additions 100,000 11,692 88,308 12% 100,000 07010 ADF & G Near Island Facility 500,000 500,000 0% 500,000 07011 Ouzinkie Dock Replacement 570,000 219,153 350,847 38% 570,000 07012 Ouzinkie School Seismic Upgrade 308,344 314,976 (6,632) 102% 308,344 07014 East Elementary School Siesmic Upgrade 138,606 5,802 132,804 4% 138,606 Emergency Communications and Planing 30,000 30,000 0% 30,000 08007 Kodiak Middle School Playground Equipment 10,000 4,872 5,128 49% 10,000 08006 Area Wide School Supplies and Equipment 130,000 93,459 36,541 72% 130,000 08008 Near Island Fish and Game Building 950,000 - 950,000 0% 950,000 Non - Structural Seismic Upgrades for Kodiak Schools - MEP 132,249 132,249 0% 132,249 Non - Structural Seismic Upgrades for Kodiak Schools- Bracing 75,490 75,490 0% 75,490 Total Expenditures 10,702,632 4,736,843 5,965,789 44% 10,702,632 Ordinance No. FY2009 -01C Revised As of Difference Budget Revised Budget 10/31/08 % Adjustments Budget 7 Backup Info Revised As of Difference Budget Revised Budget 10/31/08 % Adjustments Budget Fund 490 Landfill Capital Projects Landfill Closeout/Leachate Treatment 3,000,000 - 3,000,000 0% 3,000,000 07013 Landfill Lateral Expansion - - - 0% - Total Revenues 3,000,000 - 3,000,000 0% 3,000,000 165 Landfill Closeout/Leachate Treatment 3,000,000 2,792,585 207,415 93% 3,000,000 07013 Landfill Lateral Expansion - - - 0% - Total Expenditures 3,000,000 2,792,585 207,415 93% 3,000,000 Fund 495 Hospital Capital Projects Hospital Providence Grant From Facilities Fund Denali Commission Rasmuson Murdock Denali Match Kodiak Foundation Denali ANTHC USDA Loan USDA Grant Providence From Facilities Fund Total Revenues 03112 Hospital access and parking, Phase I & II 05021 CHC architural Engineering XXXXX Foundation - new clinic xxxxx Providence Leasehold Improvement Total Expenditures Expenditures Waste Collection Waste Disposal Total Expenditures Fund 540 Hospital Enterprise Fund Revenues: Interest Earnings Providence Hospital Lease Transfer in from Fern Fuller Use of Retained Earnings Total Revenues Expenditures and Transfers: Expenditures Total Expenditures Fund 555 - Kodiak Fisheries Research Center Revenues Expenditures Research Facility Dorm Facility Fund 560 - Telephone 911 Service Revenues Expenditures Ordinance No. FY2009 -01C 660,288 660.288 0% 39,712 700,000 0% 200,000 200,000 0% 180,000 180,000 0% 397,540 397,540 125,000 785,288 660,288 193,106 125,000 785,288 193,106 Fund 530 Solid Waste Collection /Disposal Revenues Waste Collection 2,850,920 751,857 2,099,063 26% 2,850,920 Waste Disposal 1,285,085 471,977 813,108 37% 40,000 1,325,085 Total Revenues 4,136,005 1,223,834 2,912,171 30% 40,000 4,176,005 1,584,200 2,551,805 4,136,005 5,330 720,000 66,500 868,980 1,660,810 240,794 794 0% 1,802,347 1,802,347 0% 750,000 750,000 0% 250,000 250,000 0% 125,000 125,000 0% 30,000 30,000 0% 125,000 125,000 0% 900,000 900,000 0% 105,000 105,000 0% 281,943 281,943 125,000 0% - 125,000 785,288 0% 5,186,542 5,971,830 240,000 467,182 29% 817,252 1,477,540 125,000 0% - 125,000 0% 4,087,347 4,087,347 0% 281,943 281,943 592,182 25% 5,186,542 5,971.830 419,462 1,164,738 26% 1,584,200 499,841 2,051,964 20% 40,000 2,591,805 919,303 3,216,702 22% 40,000 4,176,005 4,536 5,330 480,000 33% 720,000 66,500 0% 66,500 868,980 0% 39,712 908,692 1,420,016 14% 39,712 1,700,522 1,660,810 1,868 1,658,942 0% 39,712 1,700,522 1,660,810 1,868 1,658,942 0% 39,712 1,700,522 2,122,804 605,864 1,516,940 29% 2,122,804 2,084,604 490,638 1,593,966 24% 2,084,604 38,200 8,933 29,267 23% 38,200 70,320 8,879 61,441 13% 70,320 70,320 1,422 68,898 2% 70,320 8 Backup Info SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 18, 2008 REGULAR MEETING ITEM NO: 13.A.1 TITLE: Contract No. FY2009 -07 with New World Systems Corporation to Upgrade the KIB Financial System from the AS400 Financial System to a Network Platform. The Kodiak Island Borough financial software (New World Systems) has been on an IBM AS400 platform since 1990. Technology has changed since the Borough first started using New World Systems. The New World Systems software network platform will serve the needs of the Borough much better than the older AS400 platform. The new system is graphic based instead of text based. It will be much easier to download reports and data into Word and Excel making both the budget and the annual report much easier to produce. The new Assessing program that the Borough is changing to is also network based. The Borough's existing data will be converted to the new system so our financial history will be accessible on line. FISCAL NOTES: Account No.: Amount Budgeted: $184,530 Expenditure Required: $144,605 APPROVAL FOR AGENDA: ‘,k RECOMMENDED MOTION: Move to authorize the Manager to enter into a contract with New World Systems Corporation to Upgrade the KIB Financial System From the AS400 Financial System to a Network Platform in an amount not to exceed $184,530. Nor 'odd Mr. Karleton Short Finance Director Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Short: ACKNOWLEDGED AND AGREED TO BY: October 3, 2008 ADDITIONAL SOFTWARE LICENSE AGREEMENT For a Logos 400 to Logos .NET Upgrade New World Systems is pleased to license you additional software and provide implementation services for the upgrade of your AS /400 licensed standard software to the New World .Logos .NET Licensed Standard Software. The attached forms (Exhibits A, B, C and F) are to be reviewed and approved by you and /or your authorized representative. They describe the additional software and services you have requested along with the related fees. Other than for the purposes of internal review, we ask that you treat our fees as confidential information. This is due to the competitive nature of our business. The General Terms and Conditions from our original License Agreement with Kodiak Island Borough, AK, are incorporated and continue to apply. Upon completion of the upgrade to Logos .NET standard software, the definition of COMPUTER from the (June 29, 1990) Agreement will be both the .NET server(s) and the IBM AS /400 in use. Any taxes or fees imposed from the course of this Agreement are the responsibility of the Customer. Please acknowledge the change and your understanding on the services by the appropriate signature below. NEW WORLD SYSTEMS CORPORATION KOKIAK ISLAND BOROUGH, AK (New World) (Customer) By: B Larry D. Leinweber, President Authorized Signature Title By: Date: Date: Authorized Signature Title Each individual signing above represents that (s)he has the requisite authority to execute this Agreement on behalf of the organization for which (s)he represents and that all the necessary formalities have been met. The "Effective Date" of this Agreement is the latter of the two dates in the above signature block. PRICING IS VALID THROUGH DECEMBER 26, 2008. Corporate: 888 West Big Beaver Road • Suite 600 • Troy • Michigan 48084 -4749. 248 -269 -1000 • www.newworldsystems.com Application Package EXHIBIT A LICENSED STANDARD SOFTWARE AND FEES 1. License Fee for Licensed Standard Software And Documentation Selected By Customer: LOGOS.NET STANDARD APPLICATION SOFTWARE'' FINANCIAL MANAGEMENT 1. Logos.NET Financial Management Base Suite - General Ledger - Budget Management - Annual Budget Preparation - Accounts Payable Module - Revenue /Cash Receipting 2. Logos.NET Additional Financial Management Software - Asset Management - Project Accounting - Misc. Billing & Receivables - Government (GASB) Reporting - Business Analytics 3. Logos.NET Procurement Management Suite - Purchasing Base SUB -TOTAL FINANCIAL MANAGEMENT MODULES 61,000 PAYROLL & HUMAN RESOURCES SUITE 4. Logos.NET Human Resources Management Base Suite - Payroll Processing - Personnel Management SUB -TOTAL PAYROLL /HUMAN RESOURCES MODULES 20,000 NEW WORLD STANDARD SOFTWARE LICENSE FEE LESS CUSTOMER LOYAL SOFTWARE CREDIT 1 CNT ADD 100308 Up2Win.docx Cost (Users included - 10)' $25,000 5,000 5,000 5,000 9,000 3,000 9,000 (Users included - 5) 20,000 81,000 (45,595) TOTAL SOFTWARE LICENSE FEE 5, S35,405 CONFIDENTIAL Page 2 of 11 Kodiak Island Borough, AK 3 4 5 6 Exhibit A / LICENSED STANDARD SOFTWARE AND FEES Additional cost per group of 5 for standard user is $5, 000. ENDNOTES Personal Computers must meet the minimum hardware requirements for New World Systems' Logos.NETproduct. Microsoft Windows 2000 or Windows/XP with IE 6.0 are the required operating systems for all client machines. Windows 2003 Server is required for the Application Server(s), Web Server(s) and Database Server. SQL Server 2005 is required for the Database Server. New World Systems Logos. NET product requires Microsoft Windows 2003 Server and SQL Server 2005 including required Client Access Licenses (CA Ls) for applicable Microsoft products. Servers must meet minimum hardware requirements provided by New World Systems. Suggested minimum: 100,'vIB Ethernet Network. LOMB CATS Ethernet Network may have less than adequate response time. Further consultation would be required to assess your network. Prices assume that all software proposed is licensed. Prices are quoted as preliminary estimates only and are subject to further clarification and confirmation. Any taxes or fees imposed are the responsibility of the purchaser and will be remitted when imposed. 2. License Fee Payment Schedule for Licensed Standard Software and Documentation a) DOWN PAYMENT 50% of the total Exhibit A cost [Invoiced upon receipt of signed Standard Software License and Services Agreement.] b) DELIVERY PAYMENT 50% of each application cost [Invoiced as each Exhibit A Licensed Standard Software package is delivered to Customer.] TOTAL LICENSED STANDARD SOFTWARE PAYMENTS DUE ALL PAYMENTS ARE DUE WITHIN FIFTEEN (15) DAYS FROM RECEIPT OF INVOICE 1 CNT ADD 100308 Up2Win.docx PRICING VALID THROUGH DECEMBER 26, 2008 $17,700 17,705 $3 5 CONFIDENTIAL Page 3 of 11 Kodiak Island Borough, AK 1. Project Management Services New World shall act as Project Manager to assist Customer's management in implementing the Exhibit A software. This responsibility will include documenting, coordinating and managing the overall Implementation Plan with Customer's management and the Customer Liaison. Project Management Services include: a) a summary level Implementation Plan; b) a detail level Implementation Plan; c) revised Implementation Plans (if required); d) monthly project status reports; and e) project status meetings • a project review (kickoff) meeting at Customer's location • progress status meeting(s) will occur during implementation via telephone conference or at Customer's location; and • a project close -out meeting at Customer's location to conclude the project. To implement the Exhibit A applications, the Project Management fee will be $12,000. This fee covers the above Project Management Services for a period up to 12 months after this Agreement is executed. 2. Implementation and Training Support Hours Recommended It is recommended that appropriate support hours are allocated for all Licensed Standard Software listed in Exhibit A to insure successful implementation of and training on each application package. Based on the Licensed Standard Software listed on Exhibit A, 480 hours of New World implementation and training support services have been allocated. Avoiding or minimizing custom or modified features will aid in keeping the support costs to the amount allocated. Customer agrees to reimburse New World for support trips canceled by Customer less than ten (10) days before the scheduled start date to cover New World's out -of- pocket costs and lost revenues. The recommended implementation and training support services include: a) implementation of each package of Licensed Standard Software; and b) Customer training and /or assistance in testing for each package of Licensed Standard Software. The project management, implementation and training support services are performed at Customer's premises and /or at New World national headquarters in Troy. Michigan (e.g., portions of project management are performed in Troy). 3. Hardware Quality Assurance Service Fees A flat rate fee is charged for quality assurance of the Customer's existing .Net Server(s). This fee does not include hardware and /or third -party product costs. Whenever possible, this work will be done remotely, resulting in savings in travel costs. If an on -site installation review is required, Customer will be responsible for the actual travel costs. a) Hardware Quality Assurance Fee $6,000 TOTAL QUALITY ASSURANCE SERVICE FEES $4 1 CNT ADD 100308 Up2Win.docx EXHIBIT B PROJECT MANAGEMENT, INSTALLATION AND TRAINING SUPPORT SERVICES AND FEES CONFIDENTIAL Page 4 of 11 Kodiak Island Borough, AK Exhibit B / PROJECT MANAGEMENT, INSTALLATION AND TRAINING SUPPORT SERVICES AND FEES 4. Support Service Fees Estimate The 480 hours of installation and training support services cost has been calculated using a rate of $140 per hour. Additional services are also available at the rate of $140 per hour. This rate is protected for one year from the date New World executes this Agreement. After one year, Customer shall pay the then - current hourly rate for all Exhibit B support services rendered. Based on the services suggested above, the Project Management ($12,000), Installation and Training Support Services ($67,200) and Quality Assurance Services ($6,000) costs will be a total of $85.200. (Plus all actual and reasonable travel expenses incurred by New World divided proportionately between all New World customers visited on a single trip and actual employee travel time for Installation and Training up to but not exceeding four (4) hours per Customer visit.) 5. Additional Services Available Other New World services may be required or requested for the following: a) additional software training; b) tailoring of Licensed Standard Software by New World technical staff and /or consultation with New World technical staff; c) New World consultation with other vendors or third parties; d) modifying the Licensed Standard Software; e) designing and programming Licensed Custom Software; and f) maintaining modified Licensed Standard Software and /or custom software. Customer may request these additional services in writing using New World's Request For Service (RFS) procedure (or other appropriate procedures mutually agreed upon by Customer and New World). 6. Payments for Project Management Services Project Management Services will be billed as follows: a) 10 days after the Effective Date $3,600 b) 90 days after the Effective Date 3,600 c) 180 days after the Effective Date 3,600 d) Upon project completion or 365 days after 1,200 the Effective Date, whichever comes first. TOTAL PROJECT MANAGEMENT SERVICES FEE 7. Payments for Hardware Quality Assurance Services Hardware Quality Assurance Services will be billed as follows: a) 50% of the total amount is due upon the Effective Date $3,000 b) 50% of the total amount is due upon completion of Quality Assurance 3,000 TOTAL HARDWARE QUALITY ASSURANCE SERVICES FEE 1 CNT ADD 100308 Up2Win.docx CONFIDENTIAL Page 5 of 11 Kodiak Island Borough, AK Exhibit B / PROJECT MANAGEMENT, INSTALLATION AND TRAINING SUPPORT SERVICES AND FEES 8. Payments for Installation and Training Support Services and Travel Costs All hours for installation and training support services and all travel costs will be billed weekly for services provided in the previous calendar week. Note: Any taxes imposed from the course of this Agreement are the responsibility of the Customer and Customer agrees to remit when imposed. If an exemption is claimed by the Customer, an exemption certificate must be submitted to New World. ALL PAYMENTS ARE DUE WITHIN FIFTEEN (15) DAYS FROM RECEIPT OF INVOICE. 1 CNT ADD 100308 Up2Win.docx CONFIDENTIAL Page 6 of 11 Kodiak Island Borough, AK 1. Service Period EXHIBIT C STANDARD SOFTWARE MAINTENANCE AGREEMENT This Standard Software Maintenance Agreement (SSMA) between New World Systems Corporation (New World) and Kodiak Island Borough, AK, (Customer) sets forth the standard software maintenance support services provided by New World. This SSMA shall remain in effect for a period of five (5) years (the SSMA term) beginning on July 1, 2009, (the start date) and ending on the same calendar date at the conclusion of the SSMA term. 2. Services Included The following services or features are available under this SSMA: a) upgrades, including new releases, to the Licensed Standard Software (prior releases of Licensed Standard Software application packages are supported no longer than nine (9) months after a new release is announced by New World); b) temporary fixes to Licensed Standard Software (see paragraph 6 below); c) revisions to Licensed Documentation; d) reasonable telephone support for Licensed Standard Software on Monday through Friday from 8:00 a.m. to 8:00 p.m. (Eastern Time Zone); and e) invitation to and participation in user group meetings. Items a, b, and c above will be distributed to Customer by electronic means. Additional support services are available as requested by Customer using the then - current hourly rates or applicable fees. Exhibit B has a description of support services available. 3. Maintenance for Modified Licensed Standard Software and Custom Software Customer is advised that if it requests or makes changes or modifications to the Licensed Standard Software, these changes or modifications (no matter who makes them) make the modified Licensed Standard Software more difficult to maintain. If New World agrees to provide maintenance support for Custom Software or Licensed Standard Software modified at Customer's request, or for prior releases of New World's software, then the additional New World maintenance or support services provided shall be billed at the then - current Exhibit B hourly fees plus reasonable expenses. 4. Billing Maintenance costs will be billed annually, beginning on the start date and on the same day each year thereafter for the term of the SSMA. (Any Exhibit B support or service hours and travel costs incurred are billed weekly for the previous calendar week.) 5. Additions of Software to Maintenance Agreement Additional Licensed Standard Software licensed from New World will be added to the SSMA ninety (90) days after delivery. Costs for the maintenance for the additional software will be billed to Customer on a pro rata basis for the remainder of the maintenance year and on a full year basis thereafter. 1 CNT ADD 100308 Up2Win.docx CONFIDENTIAL Page 7 of 11 Kodiak Island Borough, AK Exhibit C / STANDARD SOFTWARE MAINTENANCE AGREEMENT 6. Requests for Software Correction on Licensed Standard Software At any time during the SSMA period, if Customer believes that the Licensed Standard Software does not conform to the current specifications set forth in the user manuals, Customer must notify New World in writing that there is a claimed defect and specify which feature and /or report it believes to be defective. Before any notice is sent to New World, it must be reviewed and approved by the Customer Liaison. Documented examples of the claimed defect must accompany each notice. New World will review the documented notice and when a feature or report does not conform to the published specifications, New World will provide software correction service at no charge. (See paragraph 4.0 of the General Terms and Conditions of this Agreement for the New World warranties provided). A non - warranty request is handled as a billable Request For Service (RFS) (see Exhibit B). The no- charge software correction service does not apply to any of the following: a) situations where the Licensed Standard Software has been changed by anyone other than New World personnel; b) situations where Customer's use or operations error causes incorrect information or reports to be generated; and c) requests that go beyond the scope of the specifications set forth in the current User Manuals. 7. Maintenance Costs for Licensed Standard Software Packages Covered for .NET Server(s) and IBM iSeries 400 Model New World agrees to provide software maintenance at the costs listed below for the following New World Licensed Standard Software packages installed at Customer's location: Application Packages for Logos.NET Number of Modules 1) Logos.NET Financial Management Base Suite 5 2) Logos.NET Additional Financial Management Software 5 3) Logos.NET Procurement Management Suite 1 4) Logos.NET Human Resources Management Base Suite 2 5) Logos 400 Financial Management Software* 1 6) Logos 400 Property Tax Software* 5 7) Logos 400 Utility Information Software* 1 * Licensed in prior contract. Annual Maintenance Cost (5 -Year Plan) Billed annually and due on July 1 of each year) Year 1 for period July 1, 2009 — June 30, 2010 546,320 Year 2 for period July 1, 2010 — June 30, 2011 3% increase over previous year Year 3 for period July 1, 2011 — June 30, 2012 3% increase over previous year Year 4 for period July 1, 2012 — June 30, 2013 3% increase over previous year Year 5 for period July 1, 2013 — June 30, 2014 3% increase over previous year ALL PAYMENTS ARE DUE WITHIN FIFTEEN (15) DAYS FROM RECEIPT OF INVOICE. 1 CNT ADD 100308 Up2Win.docx CONFIDENTIAL Page 8 of 11 Kodiak Island Borough, AK General EXHIBIT F DATA FILE CONVERSION ASSISTANCE New World will provide conversion assistance to Customer to help convert the existing data files specified below. If additional files are identified after contract execution, estimates will be provided to Customer prior to New World beginning work on those newly identified files. 1. This conversion effort includes data coming from one unique database or source, not multiple sources. 2. No data cleansing, consolidation of records, or editing of data will be part of the data conversion effort. Any data cleansing, removal of duplicate records, or editing must take place by Customer prior to providing the data to New World. New World Responsibilities 1. New World will provide the data conversion programs to convert Customers data from a single data source to the New World Licensed Standard Software for the specified files that contain 500 or more records. 2. New World will provide Customer up to 2 test sets of the converted data. Additional test sets requested may /will require additional conversion costs. 3. As provided in the approved project plan for conversions, New World will schedule a conversion analysis trip and a separate data conversion testing trip to Customer's location. The conversion testing trip will be part of delivering the conversion programs to Customer. 4. New World will create and provide Customer with a conversion design document for signoff prior to beginning development work on the data conversion. No conversion programming by New World will commence until Customer approves this document. Customer Responsibilities 1. Discrete data files from Customer's current database are included in this conversion. 2. Data files submitted must include an accurate count of records contained in the file. Customer understands that files or tables containing less than 500 records or table entries will not be converted. 3. As provided in the project plan for conversions, Customer will provide a dedicated resource in each application area to focus on conversion mapping and testing. This includes dedicating a support person(s) whenever New World staff is on site regarding conversions. Roughly a one to one ratio exists for Customer commitment and the New World commitment. Customer understands that thorough and timely testing of the converted data by Customer personnel is a key part of a successful data conversion. 4. Customer agrees to promptly review and signoff on both the conversion design document, and on the final conversions after appropriate review. 1 CNT ADD 100308 t1p2Win.docx CONFIDENTIAL Page 9 of 11 Kodiak Island Borough, AK Finance: Finance Base - (Minimum Requirement) • COA - The chart of accounts includes funds, organizations 2 through 6, base and detail accounts, organizations sets. • Vendor - Vendors include the base vendor, vendor contacts, and vendor addresses. • Projects - Project set up and general ledger transactions. • GL History - The General Ledger History conversion includes the detailed general ledger transaction history. • Current Year's Budget - Pending budget. • Budget History - Adopted budget history. • Banks - Bank set up includes the bank information and the bank account information. • Departments - Departments include the conversion of the functional department and sub - department codes • Limited Master Files - Financial Managements master files include invoice types, sales tax, and validations sets. • Purchase Orders - Purchase order, detail items, disbursements, receipt of goods, requisitions, change history. • Accounts Payable - Accounts Payable conversion includes the accounts payable invoices, detail items, charges, payments, checks, and disbursements. • Limited Master Files - • Misc. Billing Customer - Customers, include customer demographic information, customer contacts, and customer addresses. • Misc. Billing Invoice - Accounts receivable invoices, payments, and disbursements. • Limited Master Files - Financial Managements master files include customer types, invoice types, and validation sets. • Revenue Collection Receipts - Receipt transactions • Limited Master Files - Financial Managements master files include payment codes, collection stations, and validations sets. • Fixed Assets/ Pending Assets - Assets, asset items, asset classifications, transaction history. • Limited Master Files - Financial Managements master files include depreciation methods, asset classifications, and validation sets Exhibit F / DATA FILE CONVERSION ASSISTANCE Files to be converted: Human Resources / Payroll: Employee Base - (Minimum Requirement) • Employee - Employee Master Files include Employee demographic information, assigned benefits, assigned deductions, assigned taxes, assigned pay rate, employee direct deposit set up, employee gl distributions, assigned schedules, assigned dependents, assigned Certification. • Employee Check Messages - Check messages to appear on the employee's check. • Employee Documents - Attaches Word and Excel documents to the employee. Free form text on the 400 is not supported. • Employee Inventory - Inventory items such as keys, pagers, and key cards assigned to employees. • Employee Education - Education, skills, and certifications aquired by the employee. • Master Files - HR Master files include Benefit Codes, Deduction Codes, Tax Codes, Hours Codes, Hours Categories, Shift Codes, FLSA Codes, Job Classes, Grades /Rates, Workers Compensation codes, Frequency Codes Separate Check codes, Bank Accounts, Benefit Groups, Pay Batches, Departments and Sub - departments and validation set entries required for employee set up. 1 CNT ADD 100308 Up2Win.docx CONFIDENTIAL Page 10 of 11 Kodiak Island Borough, AK Exhibit F / DATA FILE CONVERSION ASSISTANCE Payroll History Base - (Required if not going live on January 1. Requires base Employee Base.) • Pay Batch History - The batch history for payroll. • Earnings History - The employees earnings history by pay batch. • Deduction History - The employees deduction payment history by pay batch. • Benefit History - The employees benefit history by pay batch. • Hours History - The employees hour history by pay batch. This includes earned and taken accrual hours. • Payroll Journal - Detail line items of main General Ledger journal entry. Customer Investment The cost for the Data File Conversion services is 24,000 and is to be paid as follows: a) DOWN PAYMENT (50% - due upon the Effective Date) TOTAL PAYMENTS DUE FOR DATA FILE CONVERSION (Exhibit F) 1 CNT ADD 100308 Up2Win.docx $12,000 b) ANALYSIS PAYMENT 7,200 (30% - due upon delivery of conversion design document to Customer) c) FINAL PAYMENT 4,800 (20% - due 30 days after initial delivery of converted data) Note: Where applicable, travel costs for New World employees to complete the tasks for Exhibit F services are billed under the provisions of Exhibit B services. All travel to be mutually agreed upon by Customer and New World. CONFIDENTIAL Page 11 of 11 Kodiak Island Borough, AK TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 18, 2008 REGULAR MEETING ITEM NO: 13A.2 Contract No. FY2009 -03 Six Months Extension of Threshold Services, Inc. Contract. SUMMARY: The Kodiak Island Borough's landfill enterprise fund is financed through user fees; residential and commercial garbage fees as well as fees charged at the landfill for varying wastes. These funds cover costs for the solid waste collection contract, landfill operational disposal costs and community recycling efforts. The Borough contracts with Threshold Services, Inc. to provide recycling services. This contract was for a six month period (ending January 1, 2009) with an option to extend the contract for an additional six months. It is expected that the current landfill budget for recycling efforts ($200,000) will cover the Threshold contract costs through January. Threshold is proposing to extend the contract for the optional six month period at an estimated additional cost of $100,000. In order for the landfill budget to cover this cost for the remaining five months of the fiscal year, it is estimated that residential rates would have to increase $7 per month; this would be in addition to the current residential rates of $31 for a total of $38 /month. It is possible to raise commercial rates but it is not recommended based on the rates already being paid by the commercial users. Threshold is a non - profit organization whose primary mission is to provide work and training for persons with disabilities or who are chronically not employable; a valued community service. The solid waste management analysis recently conducted indicates Threshold diverts 6% of waste from the landfill which is approximately the percentage expensed (7 %) through the landfill budget. If the amount for recycling is increased to $300,000 the percentage of the budget expensed for recycling will increase to approximately 9.6% The solid waste management analysis also compared cost /ton for recycling ($393) vs. disposal ($90). FISCAL NOTES: Account No.: 530 - 731 - 450 -510 Amount Budgeted: $200,000 Expenditure Required: $300,000 APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the manager to sign an amendment to Contract No. FY2009 -03 with Threshold Service Inc. of Kodiak, AK extending the contract period from January 1 to June 30, 2009. AMENDMENT NO. 1 TO CONTRACT FY2009 -03 BETWEEN KODIAK ISLAND BOROUGH AND THRESHOLD SERVICES, INC. This amendment becomes part of the recycling services Contract No. FY2009 -03 between the Kodiak Island Borough and Threshold Services, Inc. dated August 2008. Exercise optional extension for an additional six months from January 1 - June 30, 2009. KODIAK ISLAND BOROUGH By: By: Rick L. Gifford Borough Manager By: Woody Koning, Director Nova M. Javier, CMC Engineering & Facilities Borough Clerk THRESHOLD,SERVICES, INC. ATTEST: AGREEMENT FOR RECYCLING SERVICES CFI to0 - 0 THIS AGREEMENT made this 6 day of August 2008 by and between the Kodiak Island Borough (KIB) and Threshold Services, Inc. (Threshold), hereinafter called the Contractor. WITNESSETH: That the KIB and Contractor for the consideration hereinafter recited agree as follows: 1. Project. The Contractor agrees to perform all services necessary for the processing and shipment of recyclable materials within the city and borough limits. The KIB will continue to cover costs associated with tipping the six cardboard recycling dumpsters that are received by the Contractor. Recyclable material includes paper, cardboard, food grade tin and aluminum, plastics, etc. Recyclable material does not include large metal items such as appliances or home construction type of siding. 2. Duration of Agreement. The tear► of this agreement is for six (6) months with one (1) optional extension for an additional six (6) months. The agreement will start on July 1, 2008. 3. Project Manager. The project manager shall be the KIB's Environmental Specialist in the Engineering and Facilities Department of the KIB or KIB manager's designee. 4. Compensation. The KIB agrees to pay to the Contractor as compensation for services under the following payment schedule: $9,000 per month, up to 30,000 lbs of material or any portion of 30,000 lbs; and $ .15 per lb thereafter. 5. Payment. All requests for payment shall be for recyclables shipped unless otherwise agreed to by KIB and Threshold. The Contractor shall provide documentation that satisfies KIB and will provide easily understandable and reproducible forms of back up information that is accurate and does not require much review time by KIB. The Contractor shall provide any additional information to KIB which may be reasonable in support of any payment request. Monthly invoices and shipment backup shall be delivered to KIB no later than the end of the month and shall be paid within thirty (30) days from the date of the invoice unless KIB shall notify the Contractor in writing of its reason for not making payment of the sums requested. 6. Documentation. Contractor shall maintain throughout the duration of the Agreement plus three (3) years, documentation on all of the services provided. Contractor shall maintain records to substantiate all work performed and fees requested. Such records shall include, but not be limited to, daily records on the pounds of processed recyclables, shipment records and location of recyclable pick up locations etc. Copies or portions of this documentation may be requested by KIB to be supplied with Contractor's monthly requests for payment. \ \dove \borough\EF\Baler Facility \Threshold \Professional' SefviCes Agreement August 2008.doc Page 1 of 8 7. Right to Audit. Contractor shall maintain complete and accurate records, kept in accordance with generally accepted accounting standards, of all of Contractor's costs that are chargeable to KIB and shall retain such records for at least three (3) years after completion of the contract. Contractor shall also maintain records of customers served. KIB shall have the right, at any reasonable time, to inspect and audit those records during the course of work and throughout the three (3) year retention period. Contractor shall accommodate such review at no additional cost. Contractor shall incorporate this requirement in all contracts with third parties to which this work may be subcontracted. 8. Indemnification. The Contractor specifically obligates himself to pay for all materials furnished and services performed under this Agreement. Contractor shall indemnify and hold K1B, its elected officials, officers, and employees free and harmless from all losses, damages, expenses, judgments, liens, claims, suits, demands, or liabilities of any kind, including reasonable attorneys' fees, for injury or death to persons, or loss, or damage to property arising out of Contractor's performance of this contract. Such indemnity shall not cover losses, damages, expenses, judgments, liens, claims, demands, or liabilities that are caused by the sole negligence of KIB. Contractor shall be given notice of any suit, claim, or demand within a reasonable time after KIB acquires knowledge thereof, and shall be authorized to defend the same without cost to KIB (saving that KIB shall pay its own counsel fee if it wishes to have separate representation in any suit). Contractor shall be given all information and assistance that it may reasonably require to defend the action. No compromise or settlement of any such suit, claim, or demand shall be entered into until the written notice of Contractor has been given to KIB. 9. Insurance. A. General Insurance Provisions: i. Contractor shall not commence with work under this contract until it has obtained the insurances required under this section. ii. All coverage shall be with insurance carriers licensed and admitted to do business in the State of Alaska. iii. All coverage shall be with insurance carriers acceptable to KIB. iv. Proof of Insurance Coverage: Contractor shall provide KIB, at the time the contract is returned for execution, Certificates of Insurance and/or policies, acceptable to the KIB, as listed below. a. Two (2) copies of Certificate of Insurance for Workers' Compensation Insurance; b. Two (2) copies of Certificate of Insurance for Commercial General Liability Insurance; c. Two (2) copies of Certificate of Insurance for Vehicle Liability Insurance; d. If so requested, Certified Copies of all policies shall be furnished. v. Continuation of Coverage: if any of the above coverages expire during the term of this contract, Contractor shall deliver renewal certificates and /or policies to KIB at least ten (10) days prior to the expiration date. \ \dove \borough\EF\Baler Facility \Threshold \Professional Services Agreement August 2008.doc Page 2 of 8 B. Specific Insurance Provisions: Contractor shall at all times, at its own expense, keep in force the following described insurance for protection against the claims of employees or other persons, insuring both the Contractor and the KIB against liability that may accrue against them or either of them in connection with Contractor's performance under this assignment. i. Workers' Compensation Insurance: the Contractor shall procure and maintain during the life of this contract, Workers' Compensation Insurance, disability benefits and other similar employee benefit acts including Employers' Liability Coverage, in accordance with all applicable statues of the State of Alaska. ii. Commercial General Liability Insurance: The Contractor shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an "Occurrence Basis" with limits of liability not less than $1,000,000 per occurrence and /or aggregate combined single limit, Personal Injury, Bodily Injury and Property Damage. iii. Motor Vehicle Liability: The Contractor shall procure and maintain during the life of this contract, Motor Vehicle Liability Insurance, including applicable No -Fault coverages, with limits of liability of not less than $1,000,000 per occurrence combined single limit Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. iv. Additional Insured: The following shall be Additional Insureds: The KIB, and including all elected and appointed officials, all employees and volunteers, all boards, commissions and /or authorities and their board members, employees and volunteers. This coverage shall be primary to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional Insureds, whether other available coverage be primary, contributing or excess. v. Cancellation Notice: Workers' Compensation Insurance, Commercial General Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: "Sixty (60) days Advance written notice of cancellation or non - renewal shall be sent to: Tracy Mitchell, Kodiak Island Borough, 710 Mill Bay Road, Kodiak, AK 99615. a. If Contractor fails to comply with the insurance requirements of this Agreement, the KIB may terminate the Agreement; b. Contractor covenants to maintain all insurance policies required in this Agreement for the period of time in which a person may commence a civil action as prescribed by the applicable statues of limitations. The coverage required by this Agreement shall over all claims arising in connection with the performance of Contractor under this Agreement, whether or not asserted during the term of this Agreement and even though judicial proceedings may not be commenced until after the expiration of this Agreement; c. If Contractor is self - insured the KIB will require a statement to that effect and; \ \dove \borough \EF\Baler Facility \Threshold \Professional Services Agreement August 2008.doc Page 3 of 8 d. Certificate of Insurance for liability and errors and omissions insurance, especially for Contractor acting as agent (n/a if self insured). 10. Claims. A. Payments for work performed under this Agreement will equal the value of the work done by the Contractor at the agreed price; provided that the Contractor is not indebted to the KIB or anyone else for professional services, fringes, taxes, supplies, materials, equipment, rental or other proper charges against the services covered by this Agreement. B. The Contractor must notify the KIB or its agent of any and all claims for costs in excess of the contract amount within ten (10) days of incurring such cost. 11. Changes and Modifications. A. The MB may, at any time by written order signed by the Borough Manager, or his designee, of the MB, make changes in the specifications for services hereunder or in the project schedule. Any additions or reductions to the amount of this Agreement resulting from authorized changes whether initiated by Contractor or the KIB must be agreed upon in writing by both parties hereto, subject to the contract and sale provisions of the KIB Code. B. The cost or credit to the KIB resulting from a change in the services or in the project schedule shall be determined as follows: i. by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation or; ii. by the fees stated in the Contract Documents or subsequently agreed upon. 12. Prosecution of Work. The Contractor shall prosecute the work in a prompt and diligent manner whenever such work or any part of it becomes available, in order to promote the general progress of the entire Project. Upon written request by the K1B, the Contractor shall furnish to the KIB such evidence as the KIB may require relating to the ability of the Contractor to complete the Project. 13. Approvals. The Contractor shall obtain and pay for all permits, licenses and official inspections made necessary by his work, and shall comply with all laws, ordinances and regulations bearing on his work and the conduct thereof. 14. Stop Work. A. If the Contractor fails to correct defective services as required herein or persistently fails to carry out the project in accordance with the Contract Documents, the KIB, by a written order signed personally or by an agent may order the Contractor to stop work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the KIB to stop work shall not give rise to any duty on the part of the K1B to exercise this right for the benefit of the Contractor or any other person or entity. B. If the Contractor defaults or neglects to carry out the work in accordance with the Contract Documents and fails within fourteen (14) days after receipt of written notice from the KIB to commence and continue correction of such default or neglect with diligence and promptness, the KIB may, after seven (7) days \ \dove \borough \EF\Baler Facility \Threshold\Professional Services Agreement August 2008.doc Page 4 of 8 following receipt by the Contractor of an additional written notice and without prejudice to any other remedy it may have, make good such deficiencies but use its best efforts to mitigate the cost of curing such default. In such case an appropriate change order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for Borough staffs additional services made necessary by such default, neglect or failure. 15. Withholding Payments. KIB shall have the right to withhold from payments due Contractor such sums as necessary, in KIB's sole and exclusive opinion, for the purposes listed below in this section. Action taken under this section shall not affect other rights or remedies of KIB granted by other provisions of this agreement or by law; and do not relieve Contractor from the consequences or liabilities arising from Contractor's acts or omissions. A. To protect KIB against any loss or damage that may result from the events listed in this section and any other negligence or unsatisfactory work by Contractor; B. Failure of Contractor to perform or abide by an obligation under the contract; C. Claims against Contractor or KIB related to Contractor's performance of work; D. Damages by Contractor to others not adjusted; E. Failure of Contractor to make proper payment to Contractor's employees, material suppliers, or subcontractors; and F. Probable filing of a claim against KIB or Contractor. G. The application for payment misstates the amount of services completed; H. The methodology used to document services completed is unsatisfactory; I. Defective services not remedied; J. Third party claims filed or reasonable evidence indicating probable filing of such claims; K. Failure of the Contractor to make payments properly to consultants and subcontractors or for professional services, materials or equipment; L. Persistent failure to perform the services in accordance with the contract documents. 16. Time. A. Definitions: i. unless otherwise provided, the contract time is the period of time allotted in this Agreement. ii. the date of commencement of the project is the date established in this Agreement as set forth above. iii. the term "day ", as used in the Contract Documents, shall mean calendar day unless otherwise specifically designated. iv. all time limits set forth herein are of the essence in this Agreement. 17. Termination and Default. A. If the Contractor is adjudged a bankrupt entity, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled professionals or proper \ \dove \borough\EF\Baler Facility \Threshold \Professional Services Agreement August 2008.doc Page 5 of 8 services, or if he fails to make prompt payment to subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a violation of a provision of this Agreement, then the KIB may, without prejudice to any right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of all materials and documents prepared by the Contractor in connection with the Project, and may finish the work by whatever method it may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. B. If the unpaid balance of the contract sum exceeds the costs of finishing the Project, including compensation for the Project Contractor's additional services made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the KIB. The amount to be paid to the Contractor or to the KIB, as the case may be, shall be certified by the Project Manager, upon application, and this obligation for payment shall survive the termination of the Contract. 18. Assignment. This Agreement shall not be assigned by operation of law or through negotiated Agreement by the Contractor without the written permission of KIB. However, subcontracting portions of the Project to be performed pursuant to this Agreement shall not be considered an assignment for the purposes of this Agreement. The Contractor shall not subcontract any work to be performed or any materials to be furnished in the performance of the Contract without the prior written consent of the Owner. If the Contractor shall subcontract any part of this Contract, the Contractor shall be fully responsible to the Owner for the acts and omissions of his Subcontractor and of the persons either directly or indirectly employed by the Subcontractor, as he is for the acts and omissions of himself and of persons directly employed by him. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner. 19. Waiver. Failure of the KIB or the Contractor to enforce a specific section of this Agreement against one another or to enforce a particular demand of the KIB or the Contractor made pursuant to the terms of this Agreement shall not effect a waiver of any of the KIB's or the Contractor's rights and powers as set forth in this Agreement. 20. Correcting Deficiencies and Dispute Resolution. A. Correcting Deficiencies: A deficiency in Contractor's work that is noted by KIB shall immediately be corrected to the satisfaction of KIB. KIB's interpretation or decision is binding on Contractor, subject to the following dispute resolution provisions of this Agreement. B. Dispute Resolution: The Borough Manager shall at the request of Contractor, decide any dispute arising under this contract which is not disposed of by agreement between Contractor and KIB's Project Manager. The Borough Manager shall reduce their decision to writing and furnish a copy to Contractor. The Borough Manager reserves the right to make a written request to Contractor at any time for any additional information needed to make their decision. The decision of the Borough Manager shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, Contractor mails or \ \dove \borough\EF\Baler Facility \Threshold\Professional Services Agreement August 2008.doc Page 6 of 8 otherwise furnishes to the Kodiak Island Borough Assembly, a written appeal. The Notice of Appeal shall include specific exceptions to the Borough Manager's decision, including specific provision of the contract relied upon. General assertions that the Borough Manager's decision is contrary to law or to fact are not sufficient. The decision of the Kodiak Island Borough Assembly shall be rendered within one hundred twenty (120) days of the Notice of Appeal. The decision shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith. 21. Default. Either party shall have the right to terminate this agreement upon notice in writing to the other party. Notices are to be mailed to: Office of the Borough Manager, 710 Mill Bay Road, Kodiak, Alaska 99615 (for notices to KIB) and Threshold Services, Inc., 323 Carolyn Street, Suite 101, Kodiak, AK 99615 (for notices to Contractor) upon the occurrence of any of the following events: A. Should the other party be declared insolvent or bankrupt, or make an assignment for the benefit of creditors, or in the event that a receiver is appointed or any proceeding is demanded by, for, or against that party under any provision of the Federal Bankruptcy Act or any amendment thereof; B. Should the other party default in the performance of any agreement made under this agreement and such default shall not be remedied to the noticing party's satisfaction within ten (10) calendar days of the demand. It is understood that significant environmental harm or danger to person or property may result by any failure of performance under this agreement and therefore time is of the essence in this provision for termination; and C. Should the business of Contractor be sold, leased, or for any reason pass from the actual supervision or control of its principal agents as of the date of this agreement. Contractor shall not discontinue required service under this agreement without ninety (90) days notice to KIB. The failure of either party to exercise any of its rights under this Agreement for a breach of an obligation created by this Agreement shall not be deemed to be a waiver of such rights nor shall the same be deemed to be a waiver of any subsequent breach. No custom or practice of the parties at variance with the terms of this agreement shall constitute a waiver of any right to demand exact compliance with the terms of this Agreement. In the event suit is filed to enforce any of the terms or conditions of this agreement, the prevailing party shall be entitled to reasonable attorney's fees. In the event of default the Contractor shall allow KIB to use its equipment in order to continue recycling services for a period of o,six (6) months. All contracts, leases, or other documents encumbering or limiting ' y "' Gtor's interest in such property shall contain this provision. \ \dove \borough \EF \Baler Facility \Threshold \Professio .1 y ees Agreement August 2008.doc Pag- of 8' 22. Integration. The Agreement and the referenced documents represent the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. 23. Authorized Signatory. Contractor will provide confirmation/certification of current authorized signatories for Threshold Services, Inc. and provide updates to KIB within 10 days of any changes to authorized signatories. 24. Notice. Written notice pursuant to this Contract shall be deemed delivered to either party if hand delivered to a superintendent or officer of a party or mailed to the parties at the following addresses: Kodiak Island Borough Office of the Manager 710 Mill Bay Road Kodiak, Alaska 99615 -6398 25. Litigation Assistance. The Scope of Services does not include costs of the Contractor for required or requested assistance to support, prepare, document, bring, defend or assist in litigation undertaken or defended by KIB. All such Services required or requested of the Contractor by KIB, except for suits or claims between the parties to this Agreement, will be reimbursed as mutually agreed, and payment for such Services shall be in accordance with Section 5, unless and until there is a finding by a court or arbitrator that the Contractor's sole negligence caused KIB's damage. 26. Certification. The Contractor certifies that it is not debarred, suspended, proposed for debarment or declared ineligible for work with the State of Alaska. Contractor shall notify the KIB within five (5) working days of any such action brought against the Contractor during the term of this Agreement. The terms of this Agreement shall be from July 1, 2008 to December 1, 2008. KODIAK ISLAND BOROUGH By: Rick L. Gifford, B ':ugh Manager ATTEST: ova M. Javi; , CMC Borough Cler SLANG CONTRACTOR Title: w T r Otc-iftre? - Threshold Services, Inc. 323 Carolyn Street, Suite 101 Kodiak, Alaska 99615 (print title) \ \dove \borough\EF\Baler Facility \ThrghAl4Tro essio v' es Agreement August 2008.doc `'''� 'Pa_ ' of 8 Uriapter L..SJ CON!' LK ,1 Ur IN 1 tlthS 1 Page 1 of 1 Chapter 2.35 CONFLICT OF INTEREST Sections: 2.35.010 Conflicts of interest prohibited. 2.35.020 Definitions. 2.35.010 Conflicts of interest prohibited. A. A municipal officer, appointed official, or employee may not solicit or receive money for advice or assistance given in the course of the officer's or employee's employment or relating to his employment. B. A municipal officer, appointed official, or employee may not represent a client before the assembly or the planning and zoning commission for a fee. C. A municipal officer, appointed official, or employee may not accept a gift, loan, gratuity, or other valuable consideration, or a promise of any of them, with the understanding or agreement, expressed or implied, that the officer will cast a vote or give an opinion, decision or judgment in the particular manner, in a matter, question, cause, or proceeding which then is or may by law come or be brought before him, or with the understanding or agreement that the officer or employee will, in his official capacity, act in a particular manner to produce or prevent a particular result. D. No municipal officer, appointed official, or employee may vote or participate in any official action in which he has a substantial direct or indirect financial interest. Direct or indirect financial interest shall be disclosed to the chair prior to a vote on the question, and if there are not at least four assembly members in attendance who are qualified to vote, the matter shall be tabled until the next regular or special meeting at which four assembly members qualified to vote on the matter are in attendance. E. A municipal officer, appointed official, or employee may not use his official position for the primary purpose of obtaining financial gain for himself, or his spouse, child, mother, father, or business with which he is associated or owns stock. [Ord. 98- 02 §4, 1998; Ord. 84 -11 -0, 1984; Ord. 79 -11 -0, 1979. Formerly §2.18.010]. 2.35.020 Definitions. As used in this chapter, the following definitions shall apply: "Municipal officer" means the mayor, assembly members, manager, and members of the planning and zoning commission. [Ord. 98 -02 §4, 1998; Ord. 84 -61 -0 §10, 1984; Ord. 84 -11 -0, 1984; Ord. 79 -11 -0, 1979. Formerly §2.18.020]. This page of the Kodiak Island Borough Code is current through Ordinance FY2009 -06, passed August 21, 2008. Disclaimer: The Borough Clerk's Office has the official version of the Kodiak Island Borough Code. Users should contact the Borough Clerk's Office for ordinances passed subsequent to the ordinance cited above. Borough Website: http: / /www.kodiakak.us/ Telephone number: (907) 486 -9310 Code Publishing Company Voice: (206) 527 -6831 Fax: (206) 527 -8411 Email: CPC @codepublishing.com httn:// www. codenublishina. com/ AKf kodiakislandhorou >?h/htm1/KodiakIsl andBorough02 /... 12/18/2008 TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 18, 2008 SPECIAL MEETING ITEM NO: 13.B.1 Resolution No. FY2009 -15 Updating the Name of the Law Firm to Jamin Law Office and Specifying a Validity Date for the Agreement. SUMMARY: KIBC 2.65.020 states the Assembly shall appoint the attorney by resolution. The law firm of Jamin, Ebell, Schmitt and Mason was named as the law firm to perform duties as borough attorney by Resolution No. 2001 -07 on February 15, 2001; and This resolution updates the named law firm to the Jamin Law Office. This resolution also requires a regular review and reauthorization of the borough attorney. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -15. 1 Introduced by: Manager Gifford 2 Requested by: Mayor and Assembly 3 Drafted by: Borough Clerk Introduced on: 12/18/2008 4 Adopted on: 5 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2009 -15 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 UPDATING THE NAME OF THE LAW FIRM TO JAMIN LAW OFFICE 12 AND SPECIFYING A VALIDITY DATE FOR THE AGREEMENT 13 14 WHEREAS, KIBC 2.65.020 states the Assembly shall appoint the attorney by resolution; and 15 16 WHEREAS, the law firm of Jamin, Ebell, Schmitt and Mason was named as the law firm to 17 perform duties as borough attorney by Resolution No. 2001 -07 on February 15, 2001; and 18 19 WHEREAS, the name of the law firm needs to be updated to state the Jamin Law Office; and 20 21 WHEREAS, the Assembly believes a regular review and reauthorization of the borough 22 attorney is a good way of doing business; and 23 24 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH THAT this resolution replaces Resolution No. 2001 -07 and herewith names the 26 Jamin Law Office as borough attorney. 27 28 NOW, THEREFORE BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK 29 ISLAND BOROUGH THAT this agreement is valid for 18 months, ending June 30, 2010, at 30 which time it must be reauthorized or a new borough attorney is sought. 31 32 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 33 THIS DAY OF 2008 34 35 KODIAK ISLAND BOROUGH 36 37 38 39 Jerome M. Selby, Borough Mayor 40 41 ATTEST: 42 43 44 45 Nova M. Javier, CMC, Borough Clerk 46 47 Kodiak Island Borough Resolution No. FY2009 -15 Page 1 of 1 TITLE: Resolution No. FY2009 -16 Certifying the FY2009 Shared Fisheries Business Tax Program Application To Be True and Correct. SUMMARY: This resolution certifies the information contained in the Kodiak Island Borough FY2009 Shared Business Tax Program application to be true and correct. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 18, 2008 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -16. ITEM NO. 13.B.2 1 2 3 4 5 6 7 8 9 10 31 32 33 34 35 36 37 38 39 40 41 ATTEST: 42 43 44 45 Nova M. Javier, CMC, Borough Clerk 46 KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2009 -16 Introduced by: Requested by: Drafted by: Introduced on: Adopted on: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2008 Manager Gifford Finance Director Finance Director 12/18/2008 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 CERTIFYING THE FY2009 SHARED FISHERIES BUSINESS TAX PROGRAM 12 APPLICATION TO BE TRUE AND CORRECT 13 14 WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY2009 15 Shared Fisheries Business Tax Program, the municipality must demonstrate to the 16 Department of Community and Economic Development that the municipality suffered 17 significant effects during calendar year 2006 from fisheries business activities; and 18 WHEREAS, the Department of Community and Economic Development has prepared 19 specific application forms for the purpose of presenting the municipality's claims as to the 20 significant effects suffered by the municipality during calendar year 2007; and 21 WHEREAS, 3AAC 134.100 requires the governing body of the municipality to include with 22 the municipality's FY2009 program application an approved resolution certifying the 23 information contained in the application to be true and correct; 24 25 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH that 27 28 Section 1: This resolution certifies that the information contained in the Kodiak Island 29 Borough FY2009 Shared Fisheries Business Tax Program Application to be 30 true and correct to the best of our knowledge. KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough Resolution No. FY2009 -16 Page 1 of 1 STANDARD METHOD APPLICATION for the FY09 SHARED FISHERIES BUSINESS TAX PROGRAM Name of Municipality: Kodiak Island Borough Address: 710 Mill Bay Road Kodiak, AK 99615 Contact Person: Karl Short Phone Number: 907 - 486 -9320 Total # of Significant Effects Claimed: 5 Total $ of Significant Effects Claimed: $ 20,631,206 Return this cover page along with Declaration of Significant Effects forms and resolution to: Department of Community and Economic Development Division of Community Advocacy Shared Fisheries business Tax Program PO Box 110809 Juneau, AK 99811 -0809 FY 09 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: The Kodiak Island Borough provides a wide variety of services for the community including the fishing industry. The general fund includes administrative functions such as the Clerks Office, Finance and Assessing, Borough Manager, School District support, plus transfers to other entities. This is the core unit of the Borough and its general administration. 2. Significant effect (municipal expenditure) made necessary during 2007 by the fisheries business activity listed in # 1 4,531,396 3. Municipal expenditure is: • actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2007 expenditures 100% fisheries related ($0 X 1.00) $ 0 .00 Total calendar year 2007 expenditures at 64% fisheries related ($4,531,396 X .64) $ 2,912,093 Total effect $ 2,912,093 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? Yes ❑ No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough wrote a query that accessed all of the calendar year 2007 transactions on our AS400 computer. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. FY 09 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: Special Revenue funds of the Kodiak Island Borough provide a wide variety of services to the community including the fishing industry. Special Revenue funds account for activities such as building & grounds support, coastal management, education, road maintenance, fire protection, and street lighting. 2. Significant effect (municipal expenditure) made necessary during 2003 by the fisheries business activity listed in # 1 $ 14,619,767. 3. Municipal expenditure is: • actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2007 expenditures 100% fisheries related ($0 X 1.00) $ 0.00 Total calendar year 2007 expenditures at 64% fisheries related ($14,619,767 X .64) $ 9,356,651 Total effect $ 9,356,651 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? Yes ❑ No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough wrote a query that accessed all of the calendar year 2007 transactions on our AS400 computer. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. FY 09 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: Debt service funds provide two main services to the residents of the Kodiak Island Borough at this time. They make payments on the bond issues that were sold to expand the hospital and to expand and build new schools. 2. Significant effect (municipal expenditure) made necessary during 2007 by the fisheries business activity listed in # 1 $1,683,018 3. Municipal expenditure is: • actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2007 expenditures 100% fisheries related ($X 1.00) $ 0.00 Total calendar year 2007 expenditures at 64% fisheries related ($1,683,018 X .64) $ 1,077,132 Total effect $ 1,077,132 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? Yes ❑ No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough wrote a query that accessed all of the calendar year 2007 transactions on our AS400 computer. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly FY 09 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: The Kodiak Island Borough provides a wide variety of services for the community including the fishing industry. Capital projects includes repairs on school buildings, roads, boat ramps, and other capital expenditures 2. Significant effect (municipal expenditure) made necessary during 2007 by the fisheries business activity listed in # 1 $1,683,018 3. Municipal expenditure is: • actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2007 expenditures 100% fisheries related ($0 X 1.00) $ 0.00 Total calendar year 2007 expenditures at 64% fisheries related ($3,604,900) $ 2,284,254 Total effect $ 2,284,254 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? Yes ❑ No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough wrote a query that accessed all of the calendar year 2007 transactions on our AS400 computer. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. FY 09 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: The Kodiak Island Borough provides a wide variety of services for the community including the fishing industry. Enterprise Funds include Solid Waste collection and disposal, the Kodiak Fisheries Research Facility, and 911 funding. 2. Significant effect (municipal expenditure) made necessary during 2007 by the fisheries business activity listed in # 1 $ 6,695,417 3. Municipal expenditure is: • actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2007 expenditures 100% fisheries related ($1,988,913 X 1.00) $ 1,988,913 Total calendar year 2007 expenditures at 64% fisheries related ($4,706,504X .64) $ 3,012,163 Total effect $ 5,001,076 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? Yes ❑ No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough wrote a query that accessed all of the calendar year 2007 transactions on our AS400 computer. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. FUND 100 General Fund 100 General Fund 100 General Fund 100 General Fund 100 General Fund 100 General Fund 100 General Fund 100 General Fund 100 General Fund 100 General Fund 100 General Fund 100 General Fund 100 General Fund 100 General Fund 100 General Fund 100 General Fund 100 General Fund 100 Total School Distnct 205 Child Care 205 Total 210 Land Sales 210 Total 220 Building & Grounds 220 Building & Grounds 220 Building & Grounds 220 Building & Grounds 220 Total 230 Coastal Management 230 Total 234 LEPC 234 Total 240 Womens Bay Road Servi 240 Total 242 Service District No 1 242 Total 243 Service Area No. 2 243 Total 244 Monashka Bay Road Disi 244 Total 246 Bayview Road Service 246 Total 250 Fire Protection Area No. 250 Total 252 Womens Bay Fire Servic 252 Total 254 KIB Airport Fire District 254 Total 260 Woodland Acres Street L 260 Total 261 Trinity Islands Light Dist. 261 Total 262 Mission Lake Tide Gate 262 Total 263 Trinity Islands Paving Ds 263 Total 275 Kodiak Arts Council DEPT 100 105 110 115 120 125 130 135 140 142 160 165 175 180 185 190 191 195 222 224 225 226 228 212 214 216 230 261 262 263 285 Legislative Manager Clerk Attorney Finance MIS Assessing Engineering /Facilities Community Development Building Official Economic Development General Administration Emergency Preparedness School District Support Health &Sanitation Ed/Culture/Recreation Transfers Out Less State Fisheries Tax School Distnct 310 Child Care Assistance 231 Resource Management 232 Borough Building 233 Mental Health Center 234 School Buildings 236 Parks 252 Coastal Management 242 Emergency Planning 243 Less Transfers TOTAL & State Aid 142,920.00 201,375.00 375,883.00 138,193.00 663,214.00 377,071.00 416,658.00 115,627.00 588, 912.00 100,607.00 68.316.00 196.101.00 7,252 00 9,438,296.00 (8,124,246.00) 305,079.00 97,227.00 12,000.00 470.072.00 13.714,80300 33,606,325.00 (21,454,180.00) 12,152,145.00 64% 7,777,372.80 33,606,325.00 (21,454,180.00) 12,152,145.00 7,777,372.80 102,317.00 102,317.00 36,313.00 36,313.00 297,317.00 3,285.00 312,276.00 10,020.00 622,898.00 22,484.00 22,484 00 18.637.00 18,637 94,924 00 94,924 00 246,406 246 000 0.00 30,857.00 30, 857.00 1,824.00 1,824.00 1,035,401 00 1,035,401.00 43,122.00 43,122.00 8,906.00 8,906 00 5,510.00 5,510.00 1,923.00 1,923 525.00 525.00 16,47500 16,475 00 (1,059,161.00) (9,183,407.00) 20,507.00 20,507 00 0.00 0.00 0.00 0.00 Total 142,920.00 201,375.00 375,883.00 138,193.00 663,214.00 377,071.00 416,658.00 115,627.00 588,912.00 100,607.00 68,316.00 196,101.00 7,252.00 1,314,050.00 305,079.00 97,227.00 12,000.00 470,072.00 (1,059,161.00) 4,531,396.00 122,824.00 122,824.00 36,313.00 36, 313.00 297,317.00 3,285.00 312,276.00 10,020.00 622,898.00 22,484.00 22, 484.00 0.00 18,637.00 18,637.00 94,924 00 94, 924 246,406 00 246 0.00 0.00 30, 857.00 30,857 00 1,824.00 1,824.00 1,035,401.00 1,035,401.00 43,122.00 43,122.00 8,906.00 8,906.00 5,510.00 5,510 00 1,923.00 1,923.00 525.00 525.00 16,475.00 Percentage 64% 64% 64% 64% 64% 64% 64% 64% 64% 64% 64% 64% 64% 64% 64% 64% 164% 64% 64% 64% 64% 64% 64% 64% 64% 64% 64% 64% 64% 64% 157,699.84 157,699.84 64% 0.00 64% 19,748.48 64% 1,167.36 64% 662,656.64 662,656.64 64% 64% 64% 64% 64% 64% Total 91,468.80 128,880.00 240,565.12 88,443.52 424,456.96 241,325.44 266,661.12 74,001.28 376, 903.68 64,388.48 43, 722.24 125,504.64 4,641.28 840,992.00 195,250.56 62,225.28 19,680.00 300,846.08 (677,863.04) 2,912,093.44 78, 607.36 78,607 36 23,240.32 23,240.32 190,282.88 2,102.40 199,856.64 6,412.80 398,654.72 14,38976 14,389.76 0.00 11,927.68 11,927.68 60,751 36 60,751 36 0.00 19,748.48 1,167.36 27, 598.08 27,598.08 5,699.84 5,699.84 3,526.40 3,526.40 1,230.72 1,230.72 336.00 336.00 10,544.00 16,475.00 10,544.00 67,729.00 67,729.00 64% 43,346.56 275 Total 67,729 00 276 Facilities Fund 286 1,997,650.00 (1,997,650.00) 0.00 64% 0.00 276 Total 1,997,650.00 (1,997,650.00) 0.00 0.00 277 Tourism Development 287 15,155.00 15,155 00 64% 9,699 20 277 Total 15,155.00 15,155.00 9,699.20 290 Fern Fuller Trust 290 75,709.00 75,709.00 64% 48,453.76 290 Total 75,709.00 75,709.00 48,453.76 300 Debt Service 300 Debt Service 300 Debt Service 300 Total 420 Capital Projects 420 Capital Projects 420 Capital Projects 420 Capital Projects 420 Total 490 Capital Projects 490 Capital Projects 490 Capital Projects 490 Total 495 Capital Projects 521 Hospital Access 522 495 Total 300 Debt Service - School 305 Debt Service - Hospital 307 Karluk loans 500 HS pool. Voc ed. 514 515 Various projects 519 Seismec Study 2,653,934.00 743,599.00 6,603.00 3,404,136 00 410 Capital Projects 400 Reimbursable Exp 136,350.00 136,350.00 64% 87.264.00 410 Capital Projects 465 General Capital Projects 46,611 00 46.611.00 64% 410 Capital Projects 469 Specialty Clinic Roof 0.00 64% 0.00 410 Capital Projects 482 Specialty Clinic Roof 0.00 64% 0.00 410 Capital Projects 484 Matching FY00 0.00 64% 0.00 410 Capital Projects 486 FY02 Matching Grant 0.00 64% 0.00 410 Capital Projects 488 IRMA Cncket installation 0.00 64% 0.00 410 Capital Projects 489 KHS Asbestos /Carpet 0.00 64% 0.00 410 Capital Projects 490 East/Main Paint 0.00 64% 0.00 410 Capital Projects 491 Refinish Gym Floors 0.00 64% 0.00 410 Capital Projects 492 Northstar Access Road 938.00 938.00 64% 600.32 410 Capital Projects 494 IRMA Roof 0.00 64% 0.00 410 Capital Projects 497 KIB Generator 0.00 64% 0.00 410 Capital Projects 506 GIS Project 0.00 64% 0.00 410 Capital Projects 511 School Upgrade /Repair 0.00 64% 0.00 410 Capital Projects 523 KMSBKHS Seismic Upgrade 910,358.00 910,358.00 64% 582,629.12 410 Capital Projects 524 Peterson Schl Seismic Up 13,093.00 13.093.00 64% 8.379.52 531 12,323.00 410 Capital Projects 546 Mission Lake Tide Gate 0.00 64% 0.00 549 373,212.00 410 Capital Projects 624 Womens Bay Community Plan 0.00 0.00 64% 0.00 410 Capital Projects 658 KIB Annex 0.00 64% 0.00 410 Capital Projects 684 Bayside Storage Add 4,280.00 4,280.00 64% 2,739.20 410 Capital Projects 675 Borough Parks 0.00 64% 0.00 410 Capital Projects 692 Fairgrounds water 0.00 64% 0.00 410 Capital Projects 695 HS Bond 2000F 14,983.00 14,983.00 64% 9,589.12 410 Capital Projects 701 Paving Project 0.00 0.00 64% 0.00 410 Capital Projects 702 Hydrographic Survey 67,172.00 67,172.00 64% 42,990.08 410 Total 1,579,320.00 0.00 1,193,785.00 734,191 36 826.009.00 0.00 1,113,919.00 25,611 00 1,965 539 00 430 Capital Projects 135 Engineering Dept 0.00 430 Capital Projects 140 Community Development Dept 0.00 430 Capital Projects 240 06 Pre Disaster Mitigation Gt 938,632.00 430 Capital Projects 465 Area Wide School Equip 82,381.00 430 Capital Projects 507 CIAP Grant 27,946.00 430 Capital Projects 509 School Upgrade 660.00 430 Capital Projects 512 Chiniak Multi -use 593.00 430 Capital Projects 518 SHSGP 0.00 430 Capital Projects 525 Ouzinke upgrade 15,034.00 430 Capital Projects 526 17,343.00 430 Capital Projects 542 Cadastral Project 0.00 430 Capital Projects 543 Womens Bay Drainage Study 0.00 430 Capital Projects 544 ACMP Plan Ammendment 0.00 430 Capital Projects 545 Kodiak Fiboroptic Cable 0.00 430 Capital Projects 547 FY04 SHSP Grant 0.00 430 Capital Projects 548 FY05 SHSP Grant 9,553.00 430 Capital Projects 602 HS Repairs /Matching Grant 0.00 430 Capital Projects 625 Vol Fire Asst Program 0.00 430 Capital Projects 645 Waste Management 0.00 430 Capital Projects 648 ADFG Research 11,643.00 430 Capital Projects 687 Anton Boat Ramp 17,939.00 430 Capital Projects 694 Oil Spill Response Equip 0.00 430 Capital Projects 696 Cap Grant School FY00 1,705 00 430 Capital Projects 699 Tide Gate 0.00 430 Total 1,123,429.00 167,673.00 6,949 00 174.622.00 (1,721 118 00) (1,721,118.00) 0.00 (889,100 00) (40,934.00) (43.755 00) (248.00) (7,471 00) (981.508.00) 0 .00 67.729.00 43,346 56 932,816.00 64% 597,002.24 743,599.00 64% 475.903.36 6,603.00 64% 4,225 92 1.683 018 00 1,077,131 52 826,009.00 64% 528,645.76 0.00 64% 0.00 1,1 13,919.00 64% 712, 908.16 25,611.00 64% 16,391.04 1, 965, 539.00 1.257 944 96 0.00 64% 0.00 0.00 64% 0.00 49,532.00 64% 31.700.48 41,447.00 64% 26,526.08 (15,809.00) 64% (10,117.76) 660.00 64% 422.40 593.00 64% 379.52 0.00 64% 0.00 14,786.00 64% 9,463 04 17,343.00 64% 11,099.52 0.00 64% 0.00 0.00 64% 0.00 0.00 64% 0.00 0.00 64% 0.00 0.00 64% 0.00 9,553.00 64% 6,113.92 0.00 64% 0.00 0.00 64% 0.00 0.00 64% 0.00 4.172.00 64% 2,670.08 17,939.00 64% 11.480.96 0.00 64% 0.00 1,705.00 64% 1,091.20 0.00 64% 0.00 141,921.00 90,829 44 469 Specialty Clinic Roof 0.00 0.00 64% 0.00 499 Hospital Access /Parking 0.00 0.00 64% 0.00 646 Landfill Closeout 129.033.00 129.033.00 64% 82,581.12 129.033.00 129.033.00 82.581.12 167,673.00 64% 107, 310.72 6,949 00 164% 11.396.36 174.622.00 118,707.08 530 Solid Waste 530 Solid Waste 530 Total 540 Hospital 540 Total 555 KFRC 555 KFRC 555 Total 560 911 Service 560 Total 730 Waste Collection 731 Waste Disposal 740 Hospital 758 Research Facility 759 Dorm Facility 760 911 Service 1,180,628.00 1,180,628.00 64% 755,601.92 1,961,243.00 1,961.243.00 64% 1,255.195.52 3.141,871.00 3,141,871.00 2.010,797.44 1 1,503,443.00 64% 962,203.52 1 . 503 . 443.00 1,503,443.00 962,203.52 1.960.531.00 28,382 00 1,988,913 00 1.960, 531.00 100% 1, 960, 531.00 28,382 00 100% 28, 382.00 1,988, 913.00 1,988,913.00 61,190.00 61,190.00 64% 39,161.60 61.190.00 61,190.00 39,161.60 66 J35,317,356.00) 31;134,498.00 20, 631, 205.36JJ 66,837,389.00 (35,317,356.00) 31,134,498.00 20,631,205.36 General Fund 13,714.803.00 (9,183,407.00) 4,531,396,00 2,912,093.44 Special Revenue Funds 38,051,090.00 (23,431,323.00) 14,619,767.00 9,356,650.88 Debt Service Funds 3,404,136.00 (1,721,118.00) 1,683,018.00 1,077,131.52 Capital Project Funds 4,971,943.00 (981,508.00) 3,604,900.00 2,284,253.96 Enterprise Funds 6,695,417.00 0.00 6,695,417.00 5,001,075.56 66,837,389.00 (35,317,356.00) 31,134,498.00 20,631,205.36 Enterpnse Funds Enterprise Funds 4,706,504.00 64% 3,012,162.56 KFRC KFRC 1,988,913.00 100% 1,988,913.00 6,695,417.00 5,001,07556 Board Members Present Not Present Excused Altenhof, Barry ✓ Holm, Freya ✓ Mahoney, Ed ✓ Owen, Marion ✓ Pillans, Rick ✓ Call to Order Chair Altenhof called to order the Regular Meeting of the SWAB at 5:15pm on June 4, 2008 at KIB Conference Room. RoII Call M. Barber conducted a roll call and a quorum was established. The following persons were present: Also in attendance were: SOLID WASTE ADVISORY BOARD REGULAR MEETING MINUTES June 4, 2008 @ 5:15 PM Borough Conference Room Ex- Officio Members: Mark Kozak, Chris Lynch and Tracy Mitchell. Woody Koning, Nova Javier and Mary Barber, Kodiak Island Borough. Caroll Tracy, Kodiak Sanitation. Others present were Alan Torres. Approval of Agenda It was Moved, M. Owen and seconded to approve the Agenda. Approval of Previous Minutes None. Chair Altenhof asked M. Barber to clarify an email that went to the Board Members from the Clerk regarding Robert's Rules of Order in typing minutes of meetings. Discussion followed, E. Mahoney asked N. Javier if there was anything to forbid things going into the minutes that a Board member might ask. N. Javier stated as long as the Board member prefaces the comment with the words "for the record ", in order for the person taking the minutes to know to incorporate the statement or comment into the official record. N: \EF \Baler Facility \Solid Waste Advisory Board \FY2008 \Minutes \04 June 2008 Visitor Comments C. Tracy stated to the Board that she is attending the SWAB meetings at the request of the Borough Manager R. Gifford as sort of a technical advisor and wasn't sure if she should hold her comments for visitor comments or if she could interact with the Board during the meeting. She stated she would like clarification. N. Javier stated C. Tracy should make comments under visitor comments. She also told the Board if they would like to hear from C. Tracy the Chair needs to ask for consensus of the Board members to see if they want to hear from her. For instance, someone on the Board may state they would like to hear from C. Tracy, but it's only one person so you want to get a sense if that's what the rest of the Board wants to do. Unfinished Business a. Reconsideration of consensus of Board members to make recommendation to KIB Assembly for the creation of a public relations /Education position to address all KIB departmental needs. It was Moved, E. Mahoney to reconsider. Due to lack of Second the Motion died. New Business a. Discussion of recommendation to remove city dumpsters. M. Owen stated this deals with the letter she addressed to R. Gifford and it was suggesting that. E. Mahoney called for Point of Order, stating a Motion needed to be on the table. M. Owen stated it says discussion and she just assumed that's what the Board was doing. B. Altenhof stated there's been no Motion, this is item a. Discussion of recommendation to remove city dumpsters. N. Javier asked if they were just discussion items with no action being taken. B. Altenhof stated that was correct, the intent of the discussion is to educate the Board and to arrive at a clear idea of the issues involved in removing City dumpsters. N. Javier told the Board if the word discussion wasn't in the item and it read Recommendation to remove City dumpsters there would need to be a Motion on the floor to discuss it. E. Mahoney asked N. Javier if that meant the Board couldn't make a Motion. N. Javier answered yes, just discussion as in a work session. M. Owen resumed her discussion of the letter given to the Borough Manager at SWAB May 5, 2008 regular meeting re: Implementing KIB Code by establishing curbside pickup within the City of Kodiak. Discussion continued re: placement, dumpster design, secured lids. Questions were raised about the dumpsters in the City and the residents that have curbside available to them. B. Altenhof asked that removal of City dumpsters be put on the next regular meeting agenda. N: \EF \Baler Facility \Solid Waste Advisory Board \FY2008 \Minutes \04 June 2008 b. Discussion of changing work sessions to regular meetings on the 1 & 3rd Wednesday of each month. E. Mahoney clarified the Board already has their regular meeting on the 1 Wednesday of every month, so it would be changing the work session on the 3rd Wednesday of the month to a regular meeting. N. Javier explained to the Board that at a work session they can do less structured, less formal discussions but if it's a regular meeting they need to have a motion before discussion. She said the Board could always postpone the item to the next meeting and it would be put on the Agenda as unfinished business. c. Discussion of public comment opportunity on "Talk of the Rock ", KMXT. M. Owen told the Board that it is a well listened to program and she felt it would be an excellent opportunity to receive public input and she would like to see the Board participate if possible. There was agreement from the Board. Discussion followed and the Board decided they would be on the program "Talk of the Rock ". Board Comments Chair Altenhoff asked N. Javier to discuss the term "Reconsideration ". N. Javier explained it to the Board. E. Mahoney asked N. Javier to verse the Board about what it means when there is a reconsideration on the table. N. Javier told the Board that any action stops. B. Altenhoff told E. Mahoney for the record, it wasn't clear to him at the time that that was E. Mahoney's intention. E. Mahoney told the Board he thought he made it perfectly clear. Questions followed and N. Javier gave an example of what should happen once someone reconsiders their vote. M. Owen wanted to let the Board know that the Harbor now has recycling stations. She stated the utility bills don't have anything on them stating they are for garbage. She said in Los Angeles they passed an ordinance to disengage the backup safety noise. E. Mahoney stated for the record at the February 6 meeting he refused to sign the minutes because there was absolutely no mention of what Bell was on. It was discovered at that meeting that Bell was on a procurement process which merely means that they were in search of a contractor for procurement of getting a new contractor. It was reflected in a letter as well. He stated his point is direction was changed at that meeting, and it was changed by the Board. There were Board members that had C. Bell on the phone and they were challenging him as to do what was in the contract. He wasn't sure what Bell & Associates were on to, but it certainly wasn't an A -Z study. He understands now Bell is on an A -Z study and Bell wanted to charge the Borough an additional $50,000.00 for the A -Z study, but as he understands it now Bell isn't N: \EF \Baler Facility \Solid Waste Advisory Board \FY2008 \Minutes \04 June 2008 going to charge the Borough any additional cost. He stated he wanted the minutes to reflect this because it was a change in the process in which the Board was going to get the information. Instead of starting with a procurement, he wasn't sure what they were doing now but assumed they were doing the A -Z study. He feels it was an important turn - around of events and it was a Board decision, not a Chair decision. He asked N. Javier to explain what consensus meant. Meeting Scheduled June 18, 2008 Adjourn There being no further business the meeting was adjourned at 6:37pm. SUBMITTED BY: APPROVED BY: Mary J. Bar KIB Engineering /Facilities Department eferilM, Solid Waste Advisory Board Barry Altenhoff, Chai Date: Date: N: \EF \Baler Facility \Solid Waste Advisory Board \FY2008 \Minutes \04 June 2008 Board Members Present Not Present Excused Altenhof, Barry ✓ Holm, Freya ✓ Mahoney, Ed ✓ 5:30pm Owen, Marion ✓ Pillans, Rick ✓ Harrington, Cindy ✓ Murdock, Laurie ✓ CaII to Order Chair Altenhof called to order the Regular Meeting of the SWAB at 5:15pm on October 1, 2008 at KIB Conference Room. Roll Call T. Mitchell conducted a roll call and a quorum was established. The following persons were present: Also in attendance were: SOLID WASTE ADVISORY BOARD REGULAR MEETING MINUTES October 1, 2008 @ 5:15 PM Borough Conference Room DEC - Ex- Officio Members: Chris Lynch and Tracy Mitchell. Rick Gifford and Woody Koning, Kodiak Island Borough. Carol) Tracy, Kodiak Sanitation. Others present were Hunter Roesler and Nick Szabo. Approval of Agenda It was Moved, R. Pillans and seconded to approve the Agenda. Agenda was approved by a unanimous voice vote. Approval of Minutes None Visitor Comments N. Szabo told the Board he got the Solid Waste Management Plan off the webpage and made some comments along with a presentation to the Board regarding the Plan. N: \EF \Baler Facility \Solid Waste Advisory Board \FY2009 \Minutes \01 October 2008 C. Tracy asked the Board if there was a timeline for the RFP. H. Roesler told the Board he was checking in, and wanted to let them know the 2 " hand building materials store is doing well and would appreciate any solutions the Board may have for expanding. Old Business None New Business It was Moved, R. Pillans and seconded to discuss the following Agenda items. Motion Carried by a majority voice vote. a. Discuss Subcommittee Action Plan and possible presentation of plan to Assembly. M. Owen handed out a spreadsheet of the Subcommittee's action plan. C. Harrington made comments about the plan. M. Owen showed the Board a brochure that will be sent out in the October garbage bills. Chair Altenhoff asked the Board if they could generate a priority list for the action plan. b. Discuss guidelines /contest rules for SWAB Logo contest; deadlines; intent of logo /prize. It was discussed when the Logo contest should begin and end. c. Discuss a "Kick -off' day? AK Day /Halloween /America Recycles Day It was discussed to send information to the Kodiak Daily Mirror about America Recycles Day. d. Discussion with KIBSD folks @ recycling efforts It was discussed to invite some representatives to come to next work session and discuss recycling in the schools. e. Discuss scheduling teleconference w /Port Angeles Waste Reduction Specialist. It was discussed to contact Port Angeles to ask questions about recycling. C. Harrington stated for the record, B. Hinkle left town and was a prior SWAB member and turned over a lot of information through R. Pillans to her. She was looking through his things and she wanted to know if SWAB had the information. N: \EF \Baler Facility \Solid Waste Advisory Board \FY2009 \Minutes \01 October 2008 f. Green Star information from R. Pillans R. Pillans told the Board he spoke with Shawn Sculling of Green Star in Anchorage and they will send him their Mission Statement. Discussion followed about what the company does and how Kodiak could incorporate a similar program. g. Discussion of Regional Cooperative for recycling efforts. It was discussed to give presentations to different community groups. Vision, Plan and What SWAB wants to accomplish for Borough Mayor to get to AML /JIA. Visitor Comments H. Roesler spoke to the Board about expanding his business to include salvaging marine equipment. He also suggested the possibility of curbside pickup of recyclables. N. Szabo said he realizes the SWMP has been submitted to the Assembly, but he would like to see an amendment to the Plan before the RFP goes out to present a plan to neighborhood collection centers. Board Comments C. Harrington asked N. Szabo for a website to look up collection centers information. M. Kozak said there seems to be a lot of enthusiasm to get everyone educated about recycling. He told the Board that he understood the ability to make a difference in the landfill through recycle is not in place. He asked the Board what the likelihood of successfully making a dent in the next couple of years where you're really going to extend the life of the landfill beyond its existing footprint in the timeframe you have to deal with. How long are you looking at of design, build of an expansion of the landfill, what is the Borough going to do with the landfill and how is the Borough going to have a landfill ready to go in time when there is no more space in the existing footprint. He told the Board he appreciates the enthusiasm, but he's afraid as a group that's supposed to be making recommendations to the Assembly that's the big thing that scares him. He wanted to know if the design of a landfill is in the schedule. He doesn't feel recycling can make a difference fast enough if this other aspect isn't included. B. Altenhof told the Board that Bell pointed out the two critical investment alternatives which M. Kozak mentioned, one either spend the money for a new lined landfill or the community would need to invest in the resource recovery concept. The argument should become part of the education process so people understand that. N: \EF \Baler Facility \Solid Waste Advisory Board \FY2009 \Minutes \01 October 2008 M. Owen said the immediate thing to do right now is stop solid waste from going in the landfill. E. Mahoney said the Board is way off of what their focus is. Who if not this Board is going to give general policy guidelines to this community or to the Borough as to what were going to do, if expand or get a different area for the landfill. Who if not this Board is going to come up with ideas and make proposals to the Assembly as to where we're going to buy this, if we're going to do that. He thinks their clearly charged with that operation. He thinks the education is surely in their sights. He thought the subcommittee was going to do the research and come back to the Board. He thinks expansion or a new area is something the Board should be talking about. His thoughts on that evenings meeting was that he felt it was more of a work session because the Board took absolutely no action, talked about the education. L. Murdock — none R. Pillans agreed with M. Kozak. He asked would it be more productive to expand the landfill or ship items off Kodiak. Things that need to be done now are resource recovery. M. Owen — none T. Mitchell read an email from F. Holm to the Board that she had to resign from her position on the Board due to other commitments. Meeting Scheduled Next work session is October 15, 2008 @ 5:15pm in the Borough Conference Room. Adjourn There being no further business the meeting was adjourned at 7:12pm. N: \EF \Baler Facility \Solid Waste Advisory Board \FY2009 \Minutes \01 October 2008 SUBMITTED BY: Mary J. Barb retary KIB Engineering /Facilities Department APPROVED BY: Barry Altenhof, Chair Solid Waste Advisory Board Date: Date: N: \EF \Baler Facility \Solid Waste Advisory Board \FY2009 \Minutes \01 October 2008 Board Members Present Not Present Excused Altenhof, Barry ✓ Holm, Freya ✓ Mahoney, Ed ✓ Owen, Marion ✓ Pillans, Rick ✓ SOLID WASTE ADVISORY BOARD SPECIAL MEETING MINUTES July 23, 2008 @ 12:55 PM Borough Conference Room r: r _ CaII to Order Chair Altenhof called to order the Special Meeting of the SWAB at 12:55pm on July 22, 2008 at KIB Conference Room. Roll CaII T. Mitchell conducted a roll call and a quorum was established. The following persons were present: Also in attendance were: Ex- Officio Members: Tracy Mitchell. Nova Javier and Mary Barber, Kodiak Island Borough. Caroll Tracy, Kodiak Sanitation. Others present were Nick Troxell, Louise Stutes, Ben Millstein, Reed Oswalt, Alan Torres and Elizabeth Caldwell. Citizen Comments None Consideration of Matters in the Call for the Special Meeting a. Recommendation to KIB Assembly of the Long Term Goals for Collection and Disposal of Solid Waste. It was Moved, R. Pillans and seconded to make a recommendation to the Borough Assembly the long term goals for collection and disposal of solid waste. The Motion failed by a roll call vote with B. Altenhof, M. Owen and R. Pillans voting yes and E. Mahoney voting no. N: \EF \Baler Facility \Solid Waste Advisory Board \FY2009 \Minutes \23 July 2008 b. Recommendation to KIB Assembly to Proceed with the Solid Waste Collection RFP. It was Moved, R. Pillans and seconded to make a recommendation to the Borough Assembly to proceed with the Solid Waste Collection RFP. The Motion failed by a roll call vote with B. Altenhof, M. Owen and R. Pillans voting yes and E. Mahoney voting no. Adjourn There being no further business the meeting was adjourned at 1:03pm. SUBMITTED BY: Mary J. Bar KIB Engin - g /Facilities Department APPROVED BY: cretary Barry Altenhof, Chair Solid Waste Advisory Beard Date: 1 a-I 3./( OS Date: N: \EF \Baler Facility \Solid Waste Advisory Board \FY2009 \Minutes \23 July 2008 3/4;, Board Members Present Not Present Excused Altenhof, Barry ✓ Holm, Freya ✓ Mahoney, Ed ✓ Owen, Marion ✓ Pillans, Rick ✓ Call to Order Chair Altenhof called to order the Regular Meeting of the SWAB at 5:15pm on August 6, 2008 at KIB Conference Room. Roll Call M. Barber conducted a roll call and a quorum was established. The following persons were present: Also in attendance were: SOLID WASTE ADVISORY BOARD REGULAR MEETING MINUTES August 6, 2008 @ 5:15 PM Borough Conference Room Ex- Officio Members: Mark Kozak, Chris Lynch and Tracy Mitchell. Rick Gifford, Woody Koning, Nova Javier and Mary Barber, Kodiak Island Borough. Carol) Tracy, Kodiak Sanitation. Others present were Nick Troxell, Louise Stutes, Laurie Murdock, Cindy Harrington and Hunter Roesler. Approval of Agenda It was Moved, M. Owen and seconded to approve the agenda. E. Mahoney asked if Item B on the agenda should be moved to Unfinished Business since it had been voted on in the previous meeting. N. Javier told the Board that the Motion died at the last meeting therefore it goes under New Business. Motion Carried by a roll call vote. Approval of Minutes It was Moved, M. Owen and seconded to approve the minutes as submitted. Motion Carried by a roll call vote. N: \EF \Baler Facility \Solid Waste Advisory Board \FY2009 \Minutes \06 August 2008 Visitor Comments L. Stutes asked the Board questions regarding the Solid Waste Management Plan. B. Altenhof asked L. Stutes to please put them in writing for the Board. Old Business None New Business a. Recommendation to KIB Assembly of the Long Term Goals for Collection and Disposal of Solid Waste. It was Moved, R. Pillans and seconded to forward the Recommendation to KIB Assembly of the Long Term Goals for Collection and Disposal of Solid Waste. Discussion followed concerning going forward with Scenario C instead of Scenario B. It was Moved, E. Mahoney to amend the Main Motion by changing bullets 2 thru 7, by changing Scenario C to Scenario B. There being no second to the Amendment the Motion Died. Motion Carried by a Roll Call Vote with B. Altenhof, F. Holm, M. Owen and R. Pillans voting Yes and E. Mahoney voting No. E. Mahoney asked to change his vote and bring it back before the Board. N. Javier explained to the Board that they can make the Recommendation to the Assembly with a caviat that one of the Board Members suggested that it be brought back to the Board at the next meeting. b. Recommendation to KIB Assembly to Proceed with the Solid Waste Collection RFP. It was Moved, R. Pillans and seconded to forward the Recommendation to KIB Assembly to Proceed with the Solid Waste Collection RFP. Motion Carried by a Roll Call Vote with B. Altenhof, F. Holm, M. Owen and R. Pillans voting Yes and E. Mahoney voting No. E. Mahoney asked to change his vote and bring it back before the Board. Visitor Comments H. Roesler updated the Board about his new business in town. He told the Board he wants second hand items such as building materials, marine equipment and other items such as tools, etc. in order to keep them out of the landfill. Board Comments M. Kozak wanted to let the Board know that the City of Kodiak is getting to the point of seeing information coming in on the Sludge Study their working on. Tentatively, August 26 CH2M N: \EF \Baler Facility \Solid Waste Advisory Board \FY2009 \Minutes \06 August 2008 Hill will be in town to discuss the Study. If not August, it will be September 23 He invited the Board to attend. E. Mahoney asked N. Javier about a letter to the editor by M. Owen signed SWAB. He wanted to let the Board know it could be misleading to the public when you sign them and include SWAB. He advised the Board when putting articles in the paper to be their personal representation and not scew the public. M. Owen said she thought H. Roesler was a breath of fresh air. She said when she was in Seattle this past winter she hit the second hand stores and there were huge warehouses of that kind of thing. She told M. Kozak she would be interested in helping with the composting trial. F. Holm, R. Pillans and C. Lynch - None Meeting Scheduled Next work session is August 20 @ 5:15pm Adjourn There being no further business the meeting was adjourned at 5:55pm. SUBMITTED BY: Mary J. Bar: - r, • cretary KIB Engine 'cilities Department APPROVED BY: mparsfitie Barry Altenhof, Chair Solid Waste Advisory oard Date: LA 3 (oe Date: N: \EF \Baler Facility \Solid Waste Advisory Board \FY2009 \Minutes \06 August 2008 N: \EF \Baler Facility \Solid Waste Advisory Board \FY2009 \Minutes \06 August 2008 Board Members Present Not Present Excused Altenhof, Barry ✓ Holm, Freya ✓ Mahoney, Ed ✓ Owen, Marion ✓ Pillans, Rick ✓ SOLID WASTE ADVISORY BOARD REGULAR MEETING MINUTES July 2,2008 @5:15 PM Borough Conference Room CaII to Order Chair Altenhof called to order the Regular Meeting of the SWAB at 5:18pm on July 2, 2008 at KIB Conference Room. 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: Mark Kozak, Chris Lynch and Tracy Mitchell. Rick Gifford, Woody Koning, Nova Javier and Mary Barber, Kodiak Island Borough. Caroll Tracy, Kodiak Sanitation. Others present were George Griffing, Alan Torres and Nick Troxell. Approval of Agenda It was Moved, M :Owen and seconded to approve the amended Agenda. Visitor Comments George Griffing addressed the Board about Selief & Larch Street dumpster abuse. During windstorms garbage cans are all over the place. He said that garbage can lids should be attached and if the cans are overflowing the contractor should just drive by. He suggested designating a place for a large dumpster to dispose of large oversized items. Nick Troxell told the Board that as long as there's a dumpster in this town it will be abused. He suggested transfer stations for the outlying areas. Stated that it's hard to keep cans from blowing around, but maybe have more curbside service. N: \EF \Baler Facility \Solid Waste Advisory Board \FY2008 \Minutes \02 July 2008 Unfinished Business New Business a. Solid Waste Management Plan Chair Altenhof told the Board that he would like to see them discuss this plan as a whole without taking action at this meeting. He stated that he would like to see the Board make some kind of recommendation to the Assembly in the near future rather than later about the collection. Discussion followed and some points were code changes, enforcement process, fees and general direction of the collection /disposal requirement. a. Collection Recommendation to Borough Assembly Based on Six Collection Questions in Solid Waste Mgmt. Plan. Chair Altenhof explained to the Board the purpose of this item. The RFP process was explained to the Board. Discussion regarding the scenarios (See Attached) to get the consensus of the Board on the overall goal: • Guiding Principles = Scenario B & C • Collection — Scenario C (Language review) • Handling & Transfer — Scenario C • Waste Reduction & Recycling — Scenario C (Services to be expanded) • Disposal — Scenario C (Clarify language, Transfer Site in Place Prior to Closure to Public) • Promotion & Education — Scenario C (Include Public Relations /Education Position) • Organization & Administration — Scenario C b. Outreach Activities /Borough Code Title 8 This item of discussion was incorporated into item A above. Visitor Comments N. Troxell told the Board he submitted his name to be on the Board and wasn't selected and wanted to know if he could submit it again. W. Koning thanked the Board for all their hard work. N: \EF \Baler Facility \Solid Waste Advisory Board \FY2008 \Minutes \02 July 2008 Board Comments M. Owen told the Board she is very glad, no ecstatic that the Board has made this progress. She also wanted to get the empty Board seats filled. B. Altenhof told the Board he will be out of town during Bell's visit and wanted to know if he needed to appoint someone else to chair the meeting. Discussion followed. E. Mahoney stated he would be happy to Chair the meeting. He told the Board he was kind of excited here because it seems now that since we're at the end of the Bell report and the final draft is out, it seems like we're starting to give them some input. He thinks the Board could have given them input all along the way, had they worked with the Board a little bit. He said he was kind of disappointed that they're down here at the eleventh hour now doing this cram session. He stated the Board could have given Bell this input a long time ago and he thinks this is pretty much the consensus of what the Board wants. He thought the Board could have saved Bell a whole lot of heartburn and hard work had they been able to give them something other than just asking the 7 questions that the Board answered than saying goodbye until the eleventh hour. He thinks it high time Bell got some of the Boards feedback and maybe they'll get this and maybe they won't, but he hoped they would. Meeting Scheduled It was Moved, E. Mahoney and seconded to hold a special meeting after the work session scheduled for July 16. Motion carried with a roll call vote. Adjourn There being no further business the meeting was adjourned at 7:17pm. N: \EF \Baler Facility \Solid Waste Advisory Board \FY2008 \Minutes \02 July 2008 SUBMITTED BY: Mary J. Barb retary KIB Enginee /Facilities Department APPROVED BY: Barry Altenhof, Chair9 Solid Waste Advisory Board Date: Date: N: \EF \Baler Facility \Solid Waste Advisory Board \FY2008 \Minutes \02 July 2008 Solid Waste Element Scenario A Scenario B Scenario C � KEEP BASIC ENHANCE BASIC SERVICES MAXIMIZE DIVERSION SERVICES Modest Change Significant Change Miuimuni Change �� Revised System �� New System �'�Same S stem � Guiding Priorities & — Maintain essential — Upgrade safety, efficiency of — Universal refuse & recycling seivices for Principles solid waste residential refuse pickup homes, businesses inanagement operation — Emphasize diversion & extending landfill functions — Expand contractor life administrative res onsibilities 1/ Coll�ction — Current approach, — Fully automated or semi- — Fully automated or semi-automated for eacept remove automated for residences residences, variable rates residential City — 2 or 3 different cart sizes — 2 or 3 different cart sizes dumpsters — Variable rates based on cart — Eliminate residential dumpsters size & number — Eliminate residential dum sters 2/ Handlin�� & Tratisfer — Current approach — Current approach — Central, multi-faceted Resource Recovery Facility for recycling, reuse, exchange, yard waste, HHW, C&D materials, waste transfer, education 3/ Waste Reduction & — Cuizeiit approach — Cunent approach — Aggressive, comprehensive Recycling — Except private auto — Except private auto body — Recyclables collection for homes, body recycler under recycler under contract businesses contract — Services provided tluough parinership between KIB, City of Kodiak, non-profit, & rivate sector entities 4/ Disposal — KIB Landfill — KIB Landfill — KIB Landfill — No ublic or trash vehicles at landfill 5/ Promotioil & Education — Basic level — Basic level, but introduce new — KIB Leadership — Coordinate with residential irash program — Coordinate with service provider(s) TYueshold on waste — Coordinate with Threshold on — Multi-media, ongoing reduction / recycling waste reduction / recycling na �U�� �s Collector pays for disposal, does billing, responds to customer concerns directly 1 primary contractor plus possible sub- contractors Collector pays for disposal, does billing, responds to customer concerns directly Current approach Issue RFP for collection of trash 6/ Organization & Administration KODIAK ISLAND BOROUGH 2005 GRAVEL TASK FORCE FINAL REPORT PRESENTED NOVEMBER 21, 2007 TO THE KODIAK ISLAND BOROUGH ASSEMBLY AND PLANNING & ZONING COMMISSION MR. TOM ABELL MR. DAVID KING DR. GARY CARVER MR. BILL OLIVER MR. MIKE ANDERSON MR. THOMAS TROSVIG MR. CHARLIE POWERS MR. CHARLES "BUD" CASSIDY MS. SHEILA SMITH KODIAK ISLAND BOROUGH 2005 GRAVEL TASK FORCE MEMBERSHIP MEMBER, KODIAK ISLAND BOROUGH ASSEMBLY CHAIRMAN, KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MEMBER, KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION COMMUNITY REPRESENTATIVE COMMUNITY REPRESENTATIVE COMMUNITY REPRESENTATIVE COMMUNITY REPRESENTATIVE, KONIAG, INC. DIRECTOR, KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT STAFF SUPPORT COMMUNITY DEVELOPMENT DEPARTMENT FINAL REPORT OF THE KODIAK ISLAND BOROUGH 2005 GRAVEL TASK FORCE The Membership of the Gravel Task Force is pleased to submit our final report to the Kodiak Island Borough Planning & Zoning Commission and Assembly for your acceptance and approval as an advisory document. Established in May 2005 by the Kodiak Island Borough Assembly, on the recommendation of the KIB Planning and Zoning Commission, the Gravel Task Force had as its mission the assessment of the sand, gravel and earth materials resources of the road system region of the borough; the development of policies for earth resource management; and to make recommendations to the KIB Planning and Zoning Commission and the Borough Assembly on management approaches, procedures, and policies. The goal of the committee was to provide for the sustainable long -term availability of sand, gravel and earth materials in support of orderly and economical growth and development in the Kodiak Island Borough, and to reduce to the maximum extent possible any undesirable impacts and conflicts arising from the extraction and use of these resources. The Task Force was charged with the following areas of investigation. 1. Compile a comprehensive inventory and description of past and existing gravel and earth material sources and sites. 2. Compile a comprehensive inventory and description of potential future gravel and earth material sources and sites. 3. Describe, generally, the estimated community need for various types of gravel and earth material in future development projects projected for a 20 to 30 year time - frame. 4. Recommend policies to the Planning and Zoning Commission and the KIB Assembly for the orderly development and long term availability of gravel and earth materials. Charge One of the Committee was detailed in the implementing legislation as: 1. Compile a comprehensive inventory and description of past and existing gravel and earth material sources and sites to include: a. location b. material type (sand, gravel, rock, top soil, other) c. estimated volume of material extracted d. estimated remaining volume of material e. quality of material f. land ownership g. land use zoning of the site h. environmental sensitivity of the site i. socio- economic sensitivity of the site The Task Force presents these findings in summary format on the following two pages: Page 2 of 15 KIB Road System Gravel Sources KIB Gravel Task Force Lake Rose Tead i L Page 3 of 15 Salonie Creek Narrow Cape Map produced by KIB CDD 9/30/05 as staff support to the KIB Gravel Task Force Information contained herein are representational only & should not be used for navigational purposes. Page 4 of 15 Pasagshak Narrow Cape Unnamed Lake Rose Tead Stratman Ecklund Salonie Creek Sargent Creek Tr B - 3 Tr B - 2 Tr B - 1 KIB Tracts Green Mtn Unnamed Vista View Barrow Site Red Cloud River Site DNR DNR DNR Stratman Ecklund KIB KIB KIB Grothe KIB ONC & Koniag Owner CUP 04 -007 CUP 97 -021 CUP 03 -005 (5 year term) CUP 00 -015 CUP 97 -026 CUP 04 -015 CUP 04 -005 BL 78 -091 1973 Unk 1977 Case No. 432B CUP 84 082 (expansion) CUP 02 -007 Case No. 82 -026 Unk / Grandfathered Date Established Brechan Brechan Anderson AADC AADC Quality Asphalt Paving n/a Dept of Defense Dept of Defense Welborn Felton & successor interests Various City of Kodiak City of Kodiak Various Operator 24,500 cy authorized 20,000 cy authorized 10,000 cy per material sales contract 7,000 cy authorized 20,000 cy authorized 125,000 cy authorized 50,000 cy authorized Unk Unk Unspecified 450,000 cy authorized Unk 90,000cy authorized in 1984 42,000 cy per request 1 26,000 cy authorized Unk Extraction Unk Unk 7,000 cy Unk Unk Unk Unk Unk Unk Unk Unk Unk Resource Remaining Active Idle Inactive Inactive Idle Inactive Inactive Active co Inactive Idle Status Gravel Gravel Gravel Gravel Gravel Gravel Gravel Gravel Rock Gravel & Clay Gravel Material Type Concrete &asphalt /g ood Concrete &asphalUg ood fill /good Concrete &asphalUg ood Concrete &asphaltg ood fill /marginal Concrete &asphalUg ood marginal Concrete&asphalt/g ood Concrete &asphalUg ood Concrete &asphalt /g ood Concrete &asphalt /g ood fill /good moderate Quality of Material CN CN CN CN CN CN CN IND BUS & CN CN CN Zoning High Low Moderate Moderate Moderate Moderate High High Low Low Low Environmental Sensitivty High Low Low Low Low High High High Low Low Low Soclo- Economic Sensitivty HIGH PRODUCT/ LOW IMPACT HIGH PRODUCT/ LOW IMPACT HIGH PRODUCT/ LOW IMPACT HIGH PRODUCT/ LOW IMPACT NOTES Page 4 of 15 Charge Two of the Committee was detailed in the implementing legislation as: 2. Compile a comprehensive inventory and description of potential future gravel and earth material sources and sites to include: a. location b. material type (gravel, rock, top soil, other) c. estimated volume of material d. quality of material e. land ownership f. land use zoning of the site g. environmental sensitivity of the site h. socio- economic sensitivity of the site The Task Force presents these findings in summary format on the following page: Page 5of15 KIB Road System Potential Gravel Sources Shakmanof Cove Surface Estate: Ouzinkie Native Corp. Subsurface Estate: Koniag, Inc. Zoning: Conservation USS 2539 Lot 7 Owner: USCG Zoning: Conservation Salonie Creek Owner: KIB Zoning: Conservation American River Surface Estate: Leisnoi, Inc Subsurface Estate: Koniag, Inc. Zoning: Conservation KIB Gravel Task Force Kalsin River Surface Estate: Leisnoi, Inc. Subsurface Estate: Koniag, Inc. Zoning: Conservation c-7 Page 6 of 15 • O Map produced by KIB CDD 6/13/07 as staff support to the KIB Gravel Task Force Information contained herein are representational only & should not be used for navigational purposes. In addition, the Gravel Task Force directed additional exploration and assaying of resource potential at two specific sites on the road system, and welcomed private sector collaboration pertaining to a well- known, although less accessible, resource site. A synopsis of effort and findings follows. Salonie Creek Investigation: Anderson stated nothing was found at Salonie Creek. It was mostly overburden and glacial till. Bedrock was found on one of the highest sections. Bob Hales went with him and eleven holes were dug. Holes were dug by the rifle range and then up by the Cottonwoods. Silt was found down to 9 feet with a lot of water. When they dug behind the rifle range the hole was full of ammunition and gun parts so they covered it back up. The area that was identified to do the exploration on where the mounds are going in was standard organics, a good layer of ash, overburden, and then glacial till with one exception there was bedrock. In the area where material was borrowed from Anderson discovered what was borrowed was glacial till which was used as fill. Anderson and Hale dug down 3, 4, and 5 feet where the old parts of buildings are and found gravel fill, and then found where that fill was used. The material was borrowed out of there to make a big area and then just capped it with gravel. Anderson and Hale's assumption is the gravel came right out of the creek. It was fine without many cobbles. They dug in two different man made construction pads which the material was the same as the material in the creek. If you went up further past the borough property you would get into more cobbles that would probably be better quality material. There was nothing found worth developing on the borough property.' Lot 7 United States Survey 2539 Investigation: Anderson stated there were 9 sites identified on Coast Guard property to dig but the Coast Guard came with a permit to dig only 6 holes. Anderson picked the 6 places that best represented the area which he got good results from. In the first hole, the water level was at 6 1 /2 feet down but he dug to 14 feet deep with no change in the material, but he found a silt lens about a foot deep. Most of the holes were dug at 14, 14, 16, and 18 feet. The better holes were farther up closer to the river and away from the ocean which he got 18 feet with no water, and then 17 feet with no water. Up in the corner is a big bedrock knob. Anderson said the 17 and 18 foot deep holes that had no water were probably two hundred feet from the creek. The gravel looks good which he got 6 five gallon bucket samples to be sent in. He likes the high percentage of cobbles because it bodes well for the hardness of material. The site looks good. It's on the road system and there aren't any neighbors to disturb. 1 From the Minutes of the July 2, 2007 Gravel Task Force Meeting. 2 From the Minutes of the July 2, 2007 Gravel Task Force Meeting. Page 7 of 15 Shakmanof Cove Prospect: Charlie Powers, Vice - President Corporate Affairs, Koniag, Inc. The granite deposit located at Kizhuyak Point (referred to as Rubber Boot) which is easily accessible via Shakmanof Cove near the village of Ouzinkie has long been looked at as a significant hard rock source for Kodiak Island and other statewide needs. The area's surface rights are owned by Ouzinkie Native Corporation and subsurface rights are owned by Koniag Incorporated. In 2006 samples were collected which tested high on scales of degradation, abrasion and soundness. In June 2007 Koniag Inc. contracted Hattenburg, Dilley and Linnell Engineering Consultants to conduct Geologic field reconnaissance to assess the controlling structures of the rock for block sizing, stability, and development of mining plan recommendations. Test results reveal a very strong, blocky and competent granite rock. Structural geologic data indicates favorable characteristics which will maximize the size of the rock product obtainable when coordinated with standard quarrying blasting methods. Taken together, the field investigation and laboratory analyses indicate that the Shakmanof granite is suitable for the following marketable rock products: 1. All grades of riprap (DOT &PF highways and airports specifications) from Class I through IV (smallest to largest); 2. Shore protection rock products (US Army Corps of Engineers); 3. Armor stone (DOT &PF airports spec); 4. Gradations of crushed aggregate including base course; surface course; aggregate for asphalt concrete pavement, concrete, cover coat and surface treatment, filter blanket and subbase (DOT &PF highway and airport specs); 5. Selected material types A, B, and C; 6. Porous backfill; 7. Gabion backfill. Additional markets for the Shakmanof granite may include many other construction products based on high quality aggregate (soil cement, emulsified asphalt treated base course, etc.), and possibly architectural products such as granite facing, flooring, slabs, etc. Koniag intends to continue work towards capturing a shareholder benefit from this valuable resource. Page 8 of 15 Charge Three of the Committee was detailed in the implementing legislation as: 3. Describe, generally, the estimated community need for various types of gravel and earth material in future development projects projected for a 20 to 30 year time - frame, to include: a. quantities of material needed by type b. description of applicable material specifications c. estimated market value of material by type d. investigation of viable alternatives to gravel or earth material products e. socio- economic impact of the industry Discussion and ultimate concurrence between the task force members concluded that the rate of use of gravel resources would not significantly increase in the next several decades. Although staff has not been able to get detailed records from all of the operators, two of the larger companies have provided staff with some detailed annual volume counts. Based on this data, we can estimate that a maximum of 200,000 yards of gravel for all uses are extracted along the road system annually. Various indicators were used to try to project anticipated needs into the future. Existing population, building construction trends, and major road projects were all calculated to establish a baseline of information. Therefore, over the 30 next years, it can be projected that the projects along the road system of the Borough would use approximately 6,000,000 yards of aggregate. Based on the information that has been complied for the four general site detailed earlier in this report, it is estimated that there is approximately 10,284,000 yards of various quality gravel along the road system. Therefore, it appears that there is enough supply to meet anticipated demand. However, these potential sites were only evaluated and investigated using the best available mapping and rudimentary field observation. Charge Four of the Committee was detailed in the implementing legislation as: 4. Recommend policies to the Planning and Zoning Commission and the KIB Assembly for the orderly development and long term availability of gravel and earth materials to include: a. develop plan /policy basis for locating future extraction sites Future extraction sites will be located where the resource is discovered to exist in economically recoverable quantities. However, extraction sites may be distinguished from processing sites because the primary activity(s) do not necessarily need to be co- located. Page 9 of 15 b. review zoning standards to address concerns /impacts Extraction and processing are primarily industrial activities, and as depicted in Table 1 of the appendix, these activities are a Use by Right only in the Industrial Zoning District. As a Use by Right, an administratively issued zoning compliance permit for the conduct of gravel extraction is not subject to appeal. However, the conduct of any activity in the Industrial Zoning District is regulated by applicable performance standards. The seven specific performance standards are listed in KIBC 17.24.060, and are: A. Noise. The noise emanating from a premises used for industrial activities shall be muffled so as to not become objectionable due to intermittent beat, frequency, or shrillness; and where a use adjoins a residential district, the noise loudness measured at the boundary line shall not exceed ninety (90) decibels. B. Lighting. Any lighting shall not be used in a manner which produces glare on public highways and neighboring property. Arc welding, acetylene torch cutting and similar processes shall be performed so as not to be seen outside the property. C. Fire and safety hazards. The storage and handling of inflammable liquids, liquefied petroleum, gases and explosives shall comply with the fire prevention code and all other applicable laws and regulations. Enameling and paint spraying operations shall be permitted when incidental to the principal use and when such operations are contained within a building of two -hour fire - resistive construction. Bulk storage of inflammable liquids below ground shall be permitted if the tank is located no closer to the property line than the greater dimension (diameter, length or height) of the tank. D. Odor. Uses causing the emission of obnoxious odors of any kind and the emission of any toxic or corrosive fumes or gases are prohibited. E. Dust and smoke. Dust and smoke created by industrial operations shall not be exhausted into the air in such a manner as to create a nuisance. F. Open storage. Any storage shall not be located closer than twenty -five (25) feet to any street right -of -way. Any storage shall be enclosed with a fence acceptable to the commission. Whenever lumber, coal or other combustible material is stored, a roadway shall be provided, graded and maintained from the street to the rear of the property to permit free access for fire trucks at any time. G. Screening. Where an industrial use is adjacent to and within one hundred (100) feet of a residential use or zone, that industry shall provide screening as approved by the commission. Gravel extraction, and associated activity, is allowed with the grant of a Conditional Use Permit in the Conservation Zoning District, the Rural Development Zoning District, and the Public Use Zoning District. The grant of a conditional use permit is regulated under Kodiak Island Borough Code Title 17 Chapter 67. Five specific standards must be found to apply after a public hearing process has provided for community wide review and comment opportunity. 3 KIBC Title 17 — Summary Table, Gravel Extraction Activities. Page 10 of 15 The five specific standards are listed in KIBC 17.67.050, and are: A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area; B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort; D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section; E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. The current regulatory scheme thus provides for industry specific performance standards, and, an additional layer of standards and public review and comment opportunity in the case of conditional use permits. c. review the procedures for implementation of zoning standards The Kodiak Island Borough Assembly is the duly authorized legislative body with ultimate responsibility for implementation of zoning standards. For statutory provisions granting borough's area -wide planning, platting and zoning responsibility, see AS 29.40.010. For provisions authorizing the assembly to adopt zoning regulations and to provide for exceptions thereto, see AS 29.40.040. The Kodiak Island Borough Planning & Zoning Commission serves in an advisory capacity to the Assembly, and the legislative authority for its creation may be found in AS.40.020. Each body, in its own capacity, may, from time to time enact, or recommend, such changes to the zoning code as it deems advisable. In the case of proposed amendments to the zoning code related to gravel / resource extraction activities, the normal course of events would be a recommendation from the Planning & Zoning Commission to the Borough Assembly. Such a sequence of events would provide for a minimum of two public hearings providing ample opportunity for public input. Page 11 of 15 f. develop recommendation for impact and conflict mitigation procedure Experience has shown that controversy may erupt regardless of the safeguards outlined in paragraph (b) above. Resolving these inevitable complaints often puts staff. in a position of having to make suspect findings based on subjective criteria. This may be illustrated by considering an instance of noise complaint. KIBC 17.24.060 (A) does not specify personnel responsible for taking the measurement (staff on hand, industry certified technician, casual observer ?) nor the equipment (certified by? to a degree of accuracy + \ -, within the previous 6 \ 12? month time frame) to be used for measurement purposes. These types of oversight in Code construction inevitably open the door to litigation opportunities via KIBC 17.75.030 Penalties and remedies (B), which reads: Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this title, any order issued under subsection 17.75.010(A) of this chapter, or any term or condition of a conditional use, variance or other entitlement issued under this chapter; or to obtain damages for any injury the plaintiff suffered as a result of a violation. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, the superior court shall enjoin the violation. It is suggested that a careful reading of applicable codes be undertaken with the purpose of substituting any subjective reference with quantifiable objective criteria. The remaining discussion points of Charge Four have been taken out of order for purposes of brevity. d. develop site monitoring and code enforcement policy /procedures e. develop standardized site development and operation specifications g. recommend site closure and reclamation standards and review process The Gravel Task Force expressed consensus that items d, e, and g, were more properly within the domain of the Planning & Zoning Commission. By unanimous Motion, the Gravel Task Force voted to refocus efforts upon the issue of Commercial Extraction activities. Foregoing specific commentary on items d, e, and g, the Gravel Task Force nevertheless suggested that existing regulatory models, i.e., State of Alaska, governing mining activities be referenced as a starting point for any future effort in this area. This Final Report of the 2005 Gravel Task Force closes with the following resolution summarizing the Gravel Task Force's Findings and Recommendations. Page 12 of 15 Introduced by: Bud Cassidy, Director Requested by: KIB Gravel Task Force Drafted by: Staff Introduced: 00 /00/ 2007 Adopted: KODIAK ISLAND BOROUGH 2005 GRAVEL TASK FORCE RESOLUTION OF RECOMMENDATION A RESOLUTION OF THE KODIAK ISLAND BOROUGH 2005 GRAVEL TASK FORCE, RECOMMENDING THE ACQUISITION OF LOT 7 UNITED STATES SURVEY 2539. WHEREAS, the Kodiak Island Borough 2005 Gravel Task Force was tasked with certain investigations by Planning & Zoning Commission Resolution 2005 -1; and, WHEREAS, Planning and Zoning Commission Resolution 2005 -1 was affirmed by the Kodiak Island Borough Assembly by Motion at the May 12, 2005 Regular Meeting of the Assembly; and, WHEREAS, the Kodiak Island Borough 2005 Gravel Task Force has completed the Inventory of existing road system commercial material sources as directed by the Assembly; and, WHEREAS, the Kodiak Island Borough 2005 Gravel Task Force has completed an investigation of potential road system commercial material sites as directed by the Assembly; and, WHEREAS, the goal of the Task Force was to provide for the sustainable long- term availability of sand, gravel, and earth materials in support of orderly and economical growth and development in the Kodiak Island Borough; WHEREAS, two material resource sites, Lot 7 United States Survey 2539 and the granite pluton at Shakmanof Cove, were identified to best fit the community's long- term requirement for commercial grade gravel for the purpose of concrete and asphalt aggregate; WHEREAS, the granite pluton at Shakmanof Cove is currently being evaluated by the subsurface estate owner; and WHEREAS, Lot 7 United States Survey 2539 is the site potentially susceptible to powers of municipal acquisition. NOW, THEREFORE, BE IT RESOLVED and RECOMMENDED BY THE KODIAK ISLAND BOROUGH 2005 GRAVEL TASK FORCE THAT: Section I: The Kodiak Island Borough move with all possible dispatch in order to secure Lot 7 United States Survey 2539 for the purpose of serving as a material resource site. Section II: The Kodiak Island Borough move expeditiously in the permitting process in order to develop Lot 7 United States Survey 2539 as a material resource site capable of serving the Kodiak Island Borough community in future years. Page 13 of 15 1 of2 ADOPTED BY THE KODIAK ISLAND BOROUGH 2005 GRAVEL TASK FORCE, THIS FIFTENTH DAY OF OCTOBER, 2007 C Dr. Gary . ,er, Mem iv I C (1 1 'l Mr. Tom Abell, Member, Kodiak Island Borough Assembly Mr. DaviU King, Ch,g'man, Island Borough Planning & Zoning Commission Mr. Bill Oliver, Community Representative Yrl - /,I( �L Mr. Mike Anderson, Community Representative Mr. Tomas Trosvig, Community epresentative odiak Island Borough Planning & Zoning Commission Mr. Charlie Powers, Community Representative, Koniag, Inc. Mr. Charles "Bud" Case, Director, Kodiak Island Borough Community Development Department ATTEST: Sheila Smith, Secretary 2of2 Zoning District Permitted Use Conditional Use 17.10 W- Watershed District No No 17.11 WH- Wildlife Habitat District No No 17.12 NU- Natural Use District No No 17.13 C- Conservation District NO YES 17.14 RD -Rural Development District NO YES 17.15 RR2 -Rural Residential Two District No No 17.16 RR -Rural Residential District No No 17.17 RR1 -Rural Residential One District No No 17.18 R1- Single- family Residential District No No 17.19 R2- Two - family Residential District No No 17.20 R3- Multifamily Residential District No No 17.21 B- Business District No No 17.22 RNC -Rural Neighborhood Commercial District No No 17.23 UNC -Urban Neighborhood Commercial District No No 17.24 I- Industrial District YES NO 17.25 RB- Retail Business District No No 17.26 Mobile Home Parks No No 17.27 LI -Light Industrial District No No 17.29 SRO - Single Resident Occupancy Standards No No 17.33 PL- Public Use Lands District NO YES KIBC TITLE 17 - SUMMARY TABLE GRAVEL EXTRACTION ACTIVITIES Page 15 of 15 Appendix page 1 of 1 KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: X911 g)0$ Please PRINT your name Please PRINT your name Kodiak Island Borough Assembly Regular Meeting Guidelines December 18, 2008, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION 4rmy. D ea q a4 4 . 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Assembly member Stutes will be absent and asked to be excused due to personal leave. Recommended motion: Move to excuse Assembly member Stutes who is absent due to personal leave. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and consent agenda as submitted. VOICE LA / TE ON MOTION tij ., y Vim. ,S" APPROVAL OF MINUTES / A. *Special Meeting of November 20, 2008 and Regular Meeting of December 4, 2008. 2 / AWARDS AND PRESENTATIONS A. Certificate of Recognition — Trevor Dunbar CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736 Please ask speakers to sign in and state their name for the record. 8. MMITTEE REPORTS PUBLIC HEARING A. Ordinance No. FY2009 -13 Amending Kodiak Island Borough Code Of Ordinances Title 3 Revenue And Finance Chapter 3.35 Real Property Tax Section 3.35.080 Reserve Policies. Kodiak Island Borough Assembly Guidelines December 18, 2008 Page 1 Recommended motion: Move to adopt Ordinance No. FY2009 -13. Staff report — Manager Gifford Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736 Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. OLL CALL VOTE ON MOTION F B. Ordinance No. FY2009 -01 C Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving un d Between etween Projects. R commended motion: Move to adopt Ordinance No. FY2009 -01C. Staff report — Manager Gifford Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736 Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION BOROUGH MANAGER'S REPORT MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS Staff report — Manager Gifford Contracts 1. Contract No. FY2009 -07 with New World Systems Corporation to Upgrade the KIB Financial System From the AS400 Financial System to a Network Platform. Recommended motion: Move to authorize the Manager to enter into a contract with New World Systems Corporation to Upgrade the KIB Financial System from the AS400 Financial System to a Network Platform in an amount not to exceed $184,530. Kodiak Island Borough Assembly Guidelines December 18, 2008 Page 2 Assembly discussion. ROLL CALL VOTE ON MOTION Contract No. FY2009 -03 Six Months Extension of Threshold Services, Inc. Contract. Recommended motion: Move to authorize the manager to sign an amendment to Contract No. FY2009 -03 with Threshold Service Inc. of Kodiak, AK extending the contract period from January 1 to June 30, 2009. Staff report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION solutions . Resolution No. FY2009 -15 Updating the Name of the Law Firm to Jamin Law Office and Specifying a Validity Date for the Agreement. Recommended motion: Move to adopt Resolution No. FY2009 -15. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION . *Resolution No. FY2009 -16 Certifying the FY2009 Shared Fisheries Business Program Application to be True and Correct. Recommended motion: Move to adopt Resolution No. FY2009 -16. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION C. Ordinances for Introduction — None. D. Other Items — None. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Kodiak Island Borough Assembly Guidelines December 18, 2008 Page 3 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby. The Kodiak Island Borough offices will be closed Th of the Christmas Holiday and Thursday, January 1, Day. rsday, December 25 in o ervance ew Years e next work session is scheduled on Tuesday, January 6, 2009 at 7:30 p.m. in the rough Conference Room and the regular meeting is scheduled on Thursday, January , 2009 at 7:30 p.m. in the Borough Assembly Chambers. The Borough Assembly will meet Saturday, January 10, 2009 at 9 a.m. at the Kodiak Fisheries Research Center to discuss the Kodiak Island Borough Strategic Plan. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines December 18, 2008 Page 4 Mayor Selby 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. TOTAL: Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend !Ws. Branson N W M o Z q %:. \ \ \ ` \ YES NO Mayor Selby TOTAL: Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson o _ o \. z v YES I NO Mayor Selby TOTAL: EIR VOTE? V 0 Ms. Lynch Ms. :Autos Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson cn co o z c K7" YES INO Mayor Selby TOTAL: ,- Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson . . o :5 0 z YES NO Mayor Selby TOTAL: Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp t Mr. Friend Ms. Branson cn co n Z O R VO7 X YES rE? NO I , 0 0 m 0 a 0 3 CD 0 CD c v - a (D 0 0 v 0 0 v Mayor Selby 1 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. TOTAL: Ms. Lynch Mc Sti itpc Mr. Kaplan Ms. Jeffrey Ms. Fulp 4 Mr. Friend r Ms. Branson N Co n su 2 k o (P N YES INO Mayor Selby TOTAL: Ms. Lynch n - Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson m 75 0 z '1 cis --,--. rq-- - )c EA x-1 I YES NO Mayor Selby TOTAL: EIR VOTE? VI Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp l Mr. Friend Ms. Branson Atto m co VI 51 z (.....\ 1 Z1Z ° . t ,zN G., am>sim YES NO Mayor Selby TOTAL: ' Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson co m 7 5 o 0 z q -..% ---1 1 ---\ ':4 a ....... V _ , -x---„ ->,›,, „, YES INO Mayor Selby TOTAL: cs 0 Mr. Kaplan Ms. Lynch A.. na. .a..... Mr. Friend Ms. Fulp Ms. Jeffrey Ms. Bransor ^ N W m , Q O O c C�� i \ l RVO1 X X?QX X YES rE? I NO I n 0 (D CD 0. a 0 CD Q m (0 1 v v O v SLAND BOROUGH ASSEMBLY ROLL CALL SHEET Mayor Selby 1 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. 1 TOTAL: Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson r_ VA CO m 75 Z _ YES NO Mayor Selby TOTAL: Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson cn 0 0 z V► ";"-- O&P‹ I YES I NO Mayor Selby TOTAL: EIR VOTE? V Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Mr. Friend Ms. Branson cn co 0 o P YES NO Mayor Selby TOTAL: Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Mr. Friend Ms. Branson cn co m z z P YES NO Mayor Selby TOTAL: Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Mr. Friend Ms. Branson cn w m z z P R VOl YES rE? I NO 1 0 v SLAND BOROUGH ASSEMBLY ROLL CALL SHEET