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2009-08-06 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, August 6, 2009, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA: All items listed with an asterisk (*) are considered considere&to be routine and non - controversial by the Assembly and will be approved by 04` tin. There will be no separate discussion of these items unless an Assembly membe req uests, in which case the item will be removed from the Consent Agenda and cons td in its normal sequence on the agenda. APPROVAL OF MINUTES khk< A. *Regular Meetings of J 4, 009 and 2.2009, and Special Meetings of June 25, 2009 and July 9, 20 f 6. AWARDS AND PRESENTATIONS — No 7. CITIZENS' COMMENTS (Limited to #ee is Speaker) A. Agenda Items Not Scheduled for Pub Hearing and General Comments 8. COMMITTEE RE 9. IC HE' ,Ordinance No FY2010 -03 Authorizing the Borough to Issue General Obligation ds in the pal Amount of not to Exceed $76,310,000 to Finance the g, Design en Construction of School and Related Capital Improvements in the gh Including ,Without Limitation the Reconstruction and Renovation of the Kodiak School, and to Submit the Question of the Issuance of Such Bonds to the Qualifie of the Borough at the October 6, 2009 Regular Borough Election. Ordinance No. FY2010 -04 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $12,500,000 to Finance the Planning, Design, and Construction of Renewals and Replacements of Borough Facilities; and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 6, 2009 Regular Borough Election. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 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 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. Contracts 1. Amending the Motion Previously Adopted at the July 16, 2009 Regular Meeting on Contract No. FY2010 -01 Kodiak Island Borough Facilities Fuel Oil Delivery. 2. Contract No. FY2010 -13 Kodiak Road System Trails Master Plan. 3. Contract No. FY2010 -14 Kodiak Schools Mechanical Electrical and Plumbing Equipment Seismic Upgrades. B. Resolutions C. Ordinances for Introduction 1. Ordinance No FY2010 -05 Amending Kodiak and Borough Code Title 3 Revenue and Finance Chapter 3.06 kcal Policy Sion 3.05.030 Debt Policies. D. Other Items 1. *Declaring a Seat on the Solid Wye Advisory Board Vac 2. Assembly Approval of a Vacation in Ac nce With KIB .40 and KIBC 16.60 to Allow a 10 >oo Wide Utility Ettieihent Over Lot 1A, U.S. Survey 3466 (Originally Created by Pla -22) and the :Vacation of a Portion of a Driveway and Utility Easement Loyd C a Portion Oft* Same Lot. (Case S09 -021) 3. *Declaring a Seat on the Service Are1. 1 Board Vacant. 14. CITIZENS' COMMENTS (United to Three Minutes per peaker) 15. ASSEMBLY MEMBERS' CO MMENTS 16. 17. INFORMAL MAT IALS (No Action Required) A. Minutes of r ngs 1. Parks anti , a t i on Meetings of May 26, 2009 and June 9, 2009. 2. Planning and Commission Meeting of June 17, 2009. B. Reports — None. Opinion Regarding Reconsideration. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting June 4, 2009 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, June 4, 2009 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, Jerrol Friend, Judy Fulp, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. BRANSON moved to excuse Assembly member Jeffrey who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Special meeting minutes of May 14, 2009 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented the Master Municipal Clerk (MMC) designation to Borough Clerk Nova Javier. CITIZENS' COMMENTS Pat Holmes, Kodiak Historical Society Chairman, thanked the Assembly for its continued support of the Society as a non - profit organization. Mike Milligan commented on the hiring of the Enforcement Officer. Janet Buckingham thanked the Assembly for its continued support of the Kodiak Island Convention and Visitor's Bureau. Shawn Dochtermann recommended that a letter regarding the LLP Cod Recency be submitted to the Secretary of Commerce, spoke on the issue of Crab Rationalization, and urged the Assembly and City Council to jointly appoint a representative to speak with the Secretary of Commerce addressing issues the community was facing. Rhonda Maker urged the Assembly to support a letter to the Secretary of Commerce regarding the LLP Cod Recency issue and commended Mr. Dochtermann for his work on the Crab Rationalization issue. Gretchen Saupe spoke in support of non - profit groups, the services they provide to the community, and thanked the Assembly for its continued support. Kodiak Island Borough Assembly Minutes June 4, 2009 Page 1 Charlie Davidson encouraged Assembly support of the LLP Cod Recency letter to the Secretary of Commerce. Darius Kasprzuk encouraged Assembly support of the LLP Cod Recency letter to the Secretary of Commerce. Trevor Brown thanked the Assembly for its continued support of the Kodiak Chamber of Commerce. COMMITTEE REPORTS Assembly member Kaplan reported that the Parks and Recreation Committee was in the process of negotiating a contract for the Master Trails Plan. Assembly member Stutes gave an update on the Providence Kodiak Island Counseling Center board meeting and the "Hearing Voices" program. Assembly member Branson reported on the new Greenhouse Long -Term Care Facility in Seward as discussed during the Providence Regional meeting and invited Assembly members to tour the facility in August 2009. PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control (ABC) Board Kodiak Inn, Inc.'s Request for Transfer of Controlling Interest. Applicants: Judith E. Johnson, John R. Johnson, and Douglas L. Johnson. FRIEND moved to voice non - protest to Kodiak Inn, Inc.'s Request for Transfer of Controlling Interest. Applicants: Judith E. Johnson, John R. Johnson, and Douglas L. Johnson. Staff followed the requirements dictated by KIBC 5.01.030 and recommended non - protest of the transfer of controlling interest to the applicants. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Kaplan, Lynch, and Stutes. B. Ordinance No. FY2010 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2009 and Ending on the Thirtieth Day of June 2010 (Fiscal Year 2010 Budget). BRANSON moved to adopt Ordinance No. FY2010 -01. The ordinance included funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, and Enterprise Funds for FY2010. The ordinance also levied a tax on the real and personal property within the Borough as well as upon natural resources extracted and removed from the Borough. A substituted copy of Ordinance No. FY2010 -01 was provided. The revised ordinance no longer included the 2.5 mill tax increase, correctly distributed the non- profit funding increase, and included other adjustments to the FY2010 budget. Kodiak Island Borough Assembly Minutes June 4, 2009 Page 2 BRANSON moved to amend Ordinance No. FY2010 -01 by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FIVE TO ONE: Friend, Fulp, Kaplan, Lynch, and Branson (Ayes); Stutes (No). Mayor Selby opened the public hearing. Mel Stephens spoke on the increase of Borough revenues over recent years, budget inflation, and the increase of property taxes. Mike Milligan spoke in support of Borough funds going to education, was concerned that the new enforcement officer may build resentment among the community, and encouraged the Borough to make more land available for future development. Sarah Thayer supported the comments made by Mr. Stephens. Mayor Selby closed the public hearing. Assembly members spoke in support of the budget, commented on the benefits to the community through services provided by the Borough, reminded voters that the mill rate increase was approved when the New Kodiak Pool bond project was voted on, and spoke on the importance of the Enforcement Officer position in support of plans that were being implemented by the Borough. Assembly member Branson noted that the Borough has the lowest mill rate in the State and urged the public to become more involved in the budget process in the future. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FIVE TO ONE: Fulp, Kaplan, Lynch, Branson, and Friend (Ayes); Stutes (No). BOROUGH MANAGER'S REPORT Manager Gifford provided a status update on the construction projects and thanked Finance Director Short and Borough staff for assembling the FY2010 budget. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on his attendance at the Western Interstate Region (WIR) conference as the Alaskan representative on the WIR Board of Directors and spoke on the benefits of the "Payment in Lieu of Taxes" program. UNFINISHED BUSINESS None. NEW BUSINESS Contracts A. Contract No. FY2009 -19 Between the Kodiak Island Borough and the Kodiak Chamber of Commerce for Economic Planning and Project Development Within the Kodiak Island Borough for FY2010. KAPLAN moved to authorize the Manager to execute Contract No. FY2009 -19 with Kodiak Chamber of Commerce of Kodiak, Alaska for Economic Planning and Project Development within the Kodiak Island Borough for FY2010 in the amount not to exceed $43,000. Kodiak Island Borough Assembly Minutes June 4, 2009 Page 3 The Kodiak Island Borough participated in a community -based economic development program operated by the Kodiak Chamber of Commerce for many years. Funding support from the Borough and the City of Kodiak was used to establish an Economic Development Specialist Position at the Chamber. The position ensured that the Borough was provided with economic development expertise and support, was responsible for meeting planning and reporting requirements established by the Federal Economic Development Administration, and for supporting the Kodiak Comprehensive Economic Development Strategy (CEDS) Committee. The contract would renew the relationship for the 2010 fiscal year. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. B. Contract No. FY2009 -20 Between the Kodiak Island Borough and Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services for FY2010. BRANSON moved to authorize the Manager to execute Contract No. FY2009 -20 with Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services for FY2010 in the amount not to exceed $55,000. The Kodiak Island Convention and Visitors Bureau (KICVB) provided destination marketing and tourism development for the Kodiak Island Borough for several years. Funding from the Borough's Bed Tax revenue and the City of Kodiak was used to support KICVB. The contract would renew the relationship for the 2010 fiscal year. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, and Kaplan. Resolutions A. Resolution No. FY2009 -35 Authorizing the Borough Manager to Apply for and Receive Funds From the U.S. Department of Energy, Energy Efficiency and Conservation Block Grant. FRIEND moved to adopt Resolution No. FY2009 -35. The Kodiak Island Borough was eligible to receive a direct formula grant in the amount of $50,000 from the Energy Efficiency and Conservation Block Grant Program through the U.S. Department of Energy as designated by the American Recovery and Reinvestment Act of 2009. A requirement of the grant application was to provide an assurance designating the proper authority to apply for and receive the funding. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Kaplan, and Lynch. Ordinances for Introduction A. Ordinance No. FY2009 -01 E Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Account for Various Revenues that are Over Budget, Provide for Additional Expenditures, Budget New Projects, and Move Funds Between Projects. STUTES moved to adopt Ordinance No. FY2009 -01 E in first reading to advance to public hearing at the next regular Assembly meeting. Kodiak Island Borough Assembly Minutes June 4, 2009 Page 4 Budget amendments were as follows: • The Miscellaneous line item of the revenue section of the General Fund was increased by $67,000. • The Use of Fund Balance in the General Fund was increased by $121,000. • The School District Support Department Fund was decreased by $84,000. • Transfers out were increased by $272,000; $62,000 was for increased costs in the School Buildings Department in the Building and Grounds Fund and $210,000 was for Hospital Parking. • Building and Grounds Fund School Buildings Department expenditures were expected to exceed its budget by $50,000. • A new department entitled School Building Major Maintenance was created and budgeted at $12,000. • Womens Bay Road Service District expenditures exceeded its budget by $6,006. • Bay View Road Service District expenditures exceeded its budget by $4,670. • The Debt Service budget was amended to account for the refunding of the 1998 bond issue. • FY2009 Year End Closure of the following completed projects and unexpended funds were moved to other projects. 1. Project 03110 Borough Building Emergency Generator 2. Project 05023 Peterson Seismic Upgrade 3. Project 08002 Main Elementary Asbestos Abatement • Cancellation of the following projects and unexpended funds were moved to other projects. 1. Project 03108 Borough Building Parking Lot 2. Project 03106 KHS Emergency Generator 3. Project 03109 Borough Building Air Handling Penthouse 4. Project 07016 Repair and Replacement of Culverts at Panamaroff Creek, 5. Project 07018 KHS Pool Repairs • Acceptance of a $2,500,000 grant to repair and pave Service Area No. 1 roads. • Acceptance of a $130,000 grant for school supplies and equipment. • Acceptance of a $125,000 grant from the Denali Commission for an island -wide transportation study. • The Borough was expected to receive a $100,000 grant from the State of Alaska Department of Transportation for an island -wide transportation study. • Project 03112 Hospital Access and Parking Phases I & II were expected to exceed its budget by $210,000. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Kaplan, Lynch, and Stutes. Other Items A. Confirmation of Assembly Appointment to the Womens Bay Service Area Board. BRANSON moved to confirm the Assembly appointment of Ms. Amanda Henderson to the Womens Bay Service Area Board for a term to expire 2010. Womens Bay Service Area Board met on June 2, 2009 to review applications received for the vacant seat term to expire 2010. Ms. Amanda Henderson submitted her application to the Board on May 21, 2009 and was the sole applicant. The Board recommended the appointment of Ms. Henderson to the vacant seat for a term to expire October 2010. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Kaplan, Lynch, Stutes, and Branson. Kodiak Island Borough Assembly Minutes June 4, 2009 Page 5 CITIZENS' COMMENTS Lorna Arndt spoke against the Borough's intention to hire additional personnel and spoke in favor of reducing property taxes. Charlie Davidson thanked the Assembly for not implementing the proposed mill rate increase. Mel Stephens commended the Borough for making meeting packets more accessible to the public, urged the School District to make its budget accessible to the public on its website, and urged the Assembly to reconsider the budget public hearing process to allow additional opportunities for public testimony. ASSEMBLY MEMBER COMMENTS Assembly members congratulated Clerk Javier on her MMC designation, thanked Manager Gifford and Finance Director Short for their work on the FY2010 budget, and supported reviewing the budget public hearing process in order to receive more public input. Assembly member Stutes congratulated Ms. Henderson on her appointment to the Womens Bay Service Area Board. Assembly member Friend inquired about the status of the expected funding for paving the roads of the Woodland Acres Subdivision. Manager Gifford noted that the project was soon to be put forth for bids. Assembly member Fulp thanked Manager Gifford for his effort in securing stimulus package funds, thanked Mayor Selby for the update on the "Payment In Lieu of Taxes" program, and asked that the LLP Cod Recency letter include reasons for the Secretary of Commerce to review the issue on behalf of all parties. Assembly member Branson noted that 70% of the Borough budget goes to funding the School District budget. Announcements Mayor Selby announced that he and Assembly members would be attending the inaugural visit and plaque exchange of the Pacific Princess on Friday, June 5, 2009, 11 a.m. to 12:30 p.m. at the Kodiak Harbor. The Assembly would meet in a work session on Thursday, June 11, 2009 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, June 18, 2009 at 7:30 p.m. in the Assembly Chambers. EXECUTIVE SESSION A. Borough Clerk's Performance Evaluation. BRANSON moved to convene into executive session to discuss the Borough Clerk's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice her reputation or character. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED UNANIMOUSLY: Fulp, Kaplan, Lynch, Stutes, Branson, and Friend. Assembly members and Clerk Javier were invited to join in executive session. Mayor Selby recessed the regular meeting at 8:50 p.m. and convened into executive session. Kodiak Island Borough Assembly Minutes June 4, 2009 Page 6 Mayor Selby reconvened the regular meeting at 9:20 p.m. BRANSON moved to place the annual review of Borough Clerk Nova Javier into her personnel record, to increase the Clerk's salary to Range 23, Step M, and approve a merit award of $2,500. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, and Kaplan. The meeting adjourned at 9:23 p.m. Nova M. Javier, MMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes June 4, 2009 Page 7 KODIAK ISLAND BOROUGH Assembly Special Meeting June 25, 2009 A special meeting of the Kodiak Island Borough Assembly was held June 25, 2009 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, Sue Jeffrey, David Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Engineering and Facilities Director Woody Koning, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. CITIZENS' COMMENTS Nick Troxell spoke about the acceptance of metals at the landfill causing the local government being in competition with private enterprise. Cheryl McNeil spoke about the Borough's fee schedule and questioned the justification of lowering costs for certain auto and metal disposal fees. Debra Holden Engvall, Debra Kirk, Isa Stihl Wirz, Nick Watkins, and Joey Mendoza spoke in support of the high school renovation being a ballot measure in the upcoming election. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Contract No. FY2009 -22 Kodiak High School Pool Reclamation Air Handling Unit and Roof Upgrades. BRANSON moved to authorize the Manager to negotiate Contract No. FY2009 -22 Kodiak High School Pool Reclamation Air Handling Unit and Roof Upgrades with Brechan Enterprises, Inc. in the amount not to exceed $575,677. This contract was for the Kodiak High School Old Pool Air Handling Unit and Roof Upgrades as shown on construction documents prepared by Jensen Yorba Lott, Inc. The construction documents, bid documents, and associated addenda were available for review. The project was to be funded by the voter approved VocEd /Pool Reclamation Bond project. Bids were received in response to KIB's Invitation to Bid dated April 28, 2009. Brechan Enterprises, Inc. was the low bidder for the project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. The meeting adjourned at 7:55 p.m. Kodiak Island Borough Assembly Minutes June 25, 2009 Page 1 Nova M. Javier, MMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes June 25, 2009 Page 1 KODIAK ISLAND BOROUGH Assembly Regular Meeting July 2, 2009 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, July 2, 2009 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, Jerrol Friend, Judy Fulp, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. BRANSON moved to excuse Assembly member Jeffrey who was out on personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of May 7, 2009 and May 21, 2009 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed support for the "United We Serve" campaign urging all service groups in Kodiak to participate in our nation's recovery and renewal by serving in our communities with the knowledge that ordinary people can achieve extraordinary things when given the proper tools. CITIZENS' COMMENTS Nick Troxell read a letter into the record discussing scrap metal disposal and recycling issues. John Quinn spoke in support of Mr. Troxell's scrap metal business. COMMITTEE REPORTS None. PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership and Location of Liquor License. Applicants: Blue Sky Grill, Inc. (Wes Osowski, LLC Agent). BRANSON moved to voice non - protest to State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership and Location of Liquor License. Applicants: Blue Sky Grill, Inc. (Wes Osowski, LLC Agent). Kodiak Island Borough Assembly Minutes July 2, 2009 Page 1 For the transfer of ownership of liquor licenses, the Borough followed KIBC 5.01.030 - New license and transfer procedure. There were no trouble reports and no Borough interest could be protected by protesting the transfer. 11 public hearing notices were sent out; none were returned. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Kaplan, Lynch, and Stutes. B. Ordinance No. FY2009 -01 E Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Account for Various Revenues that are Over Budget, Provide for Additional Expenditures, Budget New Projects, and Move Funds Between Projects. KAPLAN moved to postpone Ordinance No. 2009-01E to the next regular meeting of the Assembly. Manager Gifford explained that the ordinance was a year -end budget amendment to include year -end adjustments to the budget and close out projects. Finance Director Short requested the postponement in order to include projects that needed to be added to the amendment for approval to close out the projects for the year. Additional information would be provided at the next regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Kaplan, Lynch, Stutes, and Branson. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • Borough submitted an application for a $50,000 Department of Energy and Efficiency Conservation Grant on June 23, 2009. The deadline for submittals was extended to August; however, agencies that submitted their applications early would be considered first. • Solid Waste Collection Services Request for Proposals (RFP) was due July 17, 2009. The Recycling Services Request for Bids (RFB) deadline was June 26, 2009. One bid was received from Threshold Services Inc. and a contract was negotiated and would be provided to the Assembly at the next regular meeting. A purchase order for an amount not to exceed $25,000 was issued to Threshold Services, Inc. to cover the interim time between the expired (6/30/2009) contract and approval of the new contract. • Provided an update on the construction projects status. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby wished everyone a safe and happy Fourth of July holiday. UNFINISHED BUSINESS None. NEW BUSINESS Contracts A. Contract No. FY2010 -02 Kodiak Landfill Shot Rock Development Project. This item was approved under the consent agenda. The landfill was required to cover municipal waste daily with a minimum of six inches of cover, which consisted of shot rock. The shot rock would be generated on site and would be adjacent Kodiak Island Borough Assembly Minutes July 2, 2009 Page 2 to the area of the 2007 Shot Rock project. The rock project was expected to provide cover for at least 2 years or more as well as help maintain landfill roadways. Two firms responded to the Request for Bid (RFB) for the shot rock development. Bids were as follows: Anderson Construction Company, LLC $139,970 Brechan Enterprises, Inc. $183,540 Staff reviewed each proposal and recommended that Anderson Construction Company, LLC be awarded the contract for $139,970. B. Contract No. FY2010 -03 Road Maintenance and Repairs, Snow Removal and Sanding, and Small Projects under $15,000 for KIB Facilities and Grounds. This item was approved under the consent agenda. The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, snow removal and sanding, and small projects for Borough Facilities. One sealed bid was received and opened on May 27, 2009 from MK Construction. The bid was submitted with price quotes for individual pieces of equipment to be used on the projects mentioned in the contract. The bid was provided to the Borough Engineering /Facilities Director for review and recommendation. MK Construction would be named as the Contractor and all invoicing, etc. would be provided through the Contractor. C. Contract No. FY2010 -04 Road Maintenance and Repairs, Snow Removal, and Sanding for Bay View Road Service Area. This item was approved under the consent agenda. The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Bay View Road Service Area. One sealed bid was received and opened on May 27, 2009 from MK Construction. The bid was submitted with price quotes for individual pieces of equipment to be used on the projects provided in the contract. The bid was provided to the Bay View Road Service Area Board for review and recommendation. The contract would name MK Construction as the Contractor and all invoicing, etc. would be provided through the Contractor. D. Contract No. FY2010 -05 Road Maintenance and Repairs, Snow Removal, and Sanding for Monashka Bay Road Service Area. This item was approved under the consent agenda. The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Monashka Bay Service Area. Sealed bids were received and opened on May 27, 2009. One bid was received from MK Construction. The bid was submitted with price quotes for individual pieces of equipment to be used on the projects provided in the contract. The bid was provided to the Monashka Bay Service Area Board for review and recommendation. The contract would name MK Construction as the Contractor and all invoicing, etc. will be provided through the Contractor. E. Contract No. FY2010 -06 Road Maintenance and Repairs, Snow Removal, and Sanding for Service Area No. 1. This item was approved under the consent agenda. The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Service Area No. 1. One sealed bid was received and opened on May 27, 2009 from Brechan Enterprises, Inc. The bid was submitted with price quotes for individual pieces of equipment to be used on the projects provided in the contract. The bid was provided to the Service Area No. Kodiak Island Borough Assembly Minutes July 2, 2009 Page 3 1 Board for review and recommendation. The contract would name Brechan Enterprises, Inc. as the Contractor and all invoicing, etc. would be provided through the Contractor. F. Contract No. FY2010 -07 Road Maintenance and Repairs, Snow Removal, and Sanding for Womens Bay Service Area. This item was approved under the consent agenda. The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Womens Bay Service Area. One sealed bid was received and opened on May 27, 2009 from MK Construction. The bid was submitted with price quotes for individual pieces of equipment to be used on the projects provided in the contract. The bid was provided to the Womens Bay Service Area Board for review and recommendation. The contract would name MK Construction as the Contractor and all invoicing, etc. would be provided through the Contractor. Resolutions A. Resolution No. FY2009 -34 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. This item was approved under the consent agenda. Kodiak Island Borough Code 2.25.200 provides for the destruction of records which were certified by the Clerk and Borough Attorney as having no legal or administrative value or historical interest. A list of records which were not of a historical, legal, or administrative value and met the minimum retention requirements was provided. B. Resolution No. FY2010 -04 Adopting to Participate in the AMLJIA Loss Control Incentive Program. This item was approved under the consent agenda. The resolution would authorize Borough participation in the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. Participation required the resolution as well as monthly safety committee meetings, bi- annual facilities self inspections, and employee safety training. It was required that a resolution be adopted annually in order to be eligible for the discount of $20,000 on the Borough's contribution. Ordinances for Introduction A. Ordinance No. FY2010 -02 Amending the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.40 Records Management, Chapter 2.50 Borough Clerk, Section 2.50.020 Duties, and Chapter 2.55 Engineering and Facilities Department, Section 2.55.010 Engineering and Facilities Department Director. BRANSON moved to adopt Ordinance No. FY2010 -02 in first reading to advance to public hearing at the next regular Assembly meeting. The existing Records Management code was put in place in 1975 with very minor changes in 1979 and 1998. Staff determined the need to bring it into compliance with recent and existing laws and regulations. The old KIBC 2.25.200 was repealed in its entirety and a new Chapter 2.40 was established. The new chapter included policies that reflected industry best practices. Staff's research and proposal considered Alaska Statutes, codes from other municipalities, and consultation with Borough staff. The ordinance was also reviewed by the Borough Attorney for compliance. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Kaplan, Lynch, Stutes, Branson, and Friend. Kodiak Island Borough Assembly Minutes July 2, 2009 Page 4 Other Items A. Confirmation of Mayoral Appointment to the Planning and Zoning Commission. FRIEND moved to confirm the Mayoral appointment of Ms. Lori Ryser to the Planning and Zoning Commission for a term to expire December 2011. There was one vacancy on the Planning and Zoning Commission. An application for the Borough seat was received from Ms. Lori Ryser for a term to expire December 31, 2011. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly members wished fellow Assembly member Branson a happy birthday, wished the community a happy and safe Fourth of July holiday, and thanked staff members for their hard work. Assembly member Lynch requested an RFP be submitted for metals processing services which would be in line with the Solid Waste Collection Services and Recycling Services contracts. She spoke of the benefits of accountability, fairness, and of having possession of a contract for the services. Manager Gifford noted that staff was working on a draft metals processing services RFP, but was not sure if the draft would be ready for review at the next Assembly work session. Assembly member Stutes questioned the existence of an addendum to the Solid Waste RFP addressing wording that was originally directed by the Assembly. Manager Gifford stated that an addendum would be issued when other addenda were issued. She questioned the possibility of posting financial information that was presented by the School Board at the last Assembly work session in regards to the proposed bond issues on their website. Clerk Javier noted that this information would be available to all as part of the work session packet which would be posted on the Borough website. Assembly member Friend thanked Ms. Ryser for volunteering to serve on the Planning and Zoning Commission. He questioned the attendance of members of the Solid Waste Advisory Board (SWAB) and emphasized the importance of the board, its purpose, and attendance by the members. Clerk Javier explained the attendance requirements per Borough code and noted that attempts have been made to contact the member in question to request an official resignation. Assembly member Branson reported she had received calls regarding SWAB member attendance. She urged SWAB members to reach out to their fellow board member. Assembly member Fulp reported that maintenance painting on Near Island Bridge was needed and hoped that a letter would be sent out soon. She thanked the Borough Assessor for the newly formatted tax bills, expressed condolences to the family of Sally Ramaglia. Announcements Mayor Selby announced that Borough offices would be closed Friday, July 3, 2009 in observance of the Fourth of July holiday. Kodiak Island Borough Assembly Minutes July 2, 2009 Page 5 The Assembly would meet in a special meeting and work session on Thursday, July 9, 2009 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, July 16, 2009 at 7:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION A. Borough Manager's Performance Evaluation. BRANSON moved to convene into executive session to discuss the Borough Manager's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, and Kaplan. Assembly members and Manager Gifford were invited to join in executive session. Mayor Selby recessed the regular meeting at 8:05 p.m. and convened the executive session. Mayor Selby reconvened the regular meeting at 8:50 p.m. BRANSON moved to award the Manager a more than satisfactory annual review, a $5,000 salary increase, and a $5,000 bonus. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Kaplan, and Lynch. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Kaplan, Lynch, and Stutes. The meeting adjourned at 8:52 p.m. Nova M. Javier, MMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes July 2, 2009 Page 6 KODIAK ISLAND BOROUGH Assembly Special Meeting July 9, 2009 A special meeting of the Kodiak Island Borough Assembly was held Thursday, July 9, 2009 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, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Engineering and Facilities Director Woody Koning, and Clerk Nova Javier, BRANSON moved to excuse Assembly member Jeffrey who was out on personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS' COMMENTS Norm Wooten urged the Assembly to adopt Ordinance No. FY2010 -03 so that citizens would have the chance to vote on it. Mel Stephens spoke against Ordinance No. FY2010 -03 and Ordinance FY2010 -04 and on the issue of bond indebtedness. Lisa Johnson spoke in favor of Ordinance No. FY2010 -03. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Contract No. FY2010 -08 with Wolverine Construction, Inc. for the Old Harbor GymNocEd Renovation Project. KAPLAN moved to authorize the Manager to execute Contract No. FY2010 -08 with Wolverine Supply Inc. for the Old Harbor School GymNocEd Renovations in an Amount not to Exceed $2,697,000. The contract was for the Old Harbor School GymNocEd Renovations as shown on construction documents prepared by Jensen Yorba Lott, Inc. Bids were received in response to the Borough's Invitation to Bid dated May 27, 2009. Wolverine Supply, Inc. was the low bidder for the project. A budget revision would be required to provide funding as described below. The project would be funded as follows: Voter approved Old Harbor GymNocEd Renovations Bond DEED Capital Improvements Reimbursement Delete Borough Building Return Air Duct Project from the Renewal and Replacement project list $2,251,134 $ 671,315 $ 261,694 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. Kodiak Island Borough Assembly Minutes July 9, 2009 Page 1 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 7:44 p.m. Nova M. Javier, MMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes July 9, 2009 Page 2 TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 6, 2009 REGULAR MEETING ITEM NO: 9.A Ordinance No. FY2010 -03 Authorizing The Borough To Issue General Obligation Bonds In The Principal Amount Of Not To Exceed $76,310,000 To Finance The Planning, Design And Construction Of School And Related Capital Improvements In The Borough Including Without Limitation The Reconstruction And Renovation Of The Kodiak High School, And To Submit The Question Of The Issuance Of Such Bonds To The Qualified Voters Of The Borough At The October 6, 2009 Regular Borough Election. SUMMARY: The Kodiak Island Borough School District desires to renovate the Kodiak Island High School and construct additional facility space. Educational requirements have changed since Kodiak High School was originally constructed in 1966 as a regional education center. The instructional space available for Kodiak High School does not support the instructional programs which are needed to prepare our high school students for success in the world marketplace. The current state debt service reimbursement plan provides that the State of Alaska will reimburse the Borough for not less than 60% of debt service on the eligible portion of bonds authorized by the qualified voters of the Borough between October 1, 2006 and November 30, 2010, to pay costs of school construction, additions to schools, and major rehabilitation projects. The Kodiak Island Borough School District's educational mission is severely compromised by facility limitations at Kodiak High School. FISCAL NOTES: Expenditure Required: Total principal and interest costs will be $120,465,845, after state reimbursement of approximately 65% the total cost to the Borough will be $42 $48,186,338. This may require a mill rate increase of 24 2.64 mills. Borough Code Section 3.05.030, Debt policies, states "Net debt as a percentage of the market value of taxable property should not exceed 5 % ". 5% of the market value of taxable property in the Borough is $913,014,985. At the current time the Borough's net debt is 2.08% of the market value of taxable property, this bond issue would increase it 2.93% for a total of 5.01%. Borough Code Section 3.05.030, Debt policies, goes on to say "the ratio of debt service expenditures as a percent of governmental fund expenditures should not exceed 20 percent." FY2009 governmental expenditures were $26,586,955. 20% of these expenditures would be $5,317,391. Our debt service expenditures for FY2010 are budgeted at $4,076,799 or 15 %. The sale of these bonds would increase this ratio to 23 %. Many governments have higher ratios than these and if the ballot passes we can change our code by ordinance. APPROVAL FOR AGENDA: Form Ver. 06/30/2009 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2010 -03. 1 SUBSTITUTED VERSION Introduced by: Manager Gifford 2 Requested by: School Board /Assembly 3 Drafted by: Finance Director /Bond Counsel 4 Introduced: 07/16/2009 5 Public Hearing: 08/06/2009 6 Amended: 7 Adopted: 8 9 KODIAK ISLAND BOROUGH 10 ORDINANCE NO. FY2010 -03 11 12 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 13 AUTHORIZING THE BOROUGH TO ISSUE GENERAL OBLIGATION BONDS 14 IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $76,310,000 15 TO FINANCE THE PLANNING, DESIGN AND CONSTRUCTION OF SCHOOL 16 AND RELATED CAPITAL IMPROVEMENTS IN THE BOROUGH INCLUDING WITHOUT 17 LIMITATION THE RECONSTRUCTION AND RENOVATION OF THE KODIAK HIGH 18 SCHOOL, AND TO SUBMIT THE QUESTION OF THE ISSUANCE OF SUCH BONDS TO 19 THE QUALIFIED VOTERS OF THE BOROUGH AT THE OCTOBER 6, 2009 REGULAR 20 BOROUGH ELECTION 21 22 WHEREAS, under the provisions of AS 29.47.190, a municipality may incur general obligation 23 debt only after a bond authorization ordinance is approved by a majority of those voting on the 24 question at a regular or special election; and 25 26 WHEREAS, educational requirements have changed since Kodiak High School was originally 27 constructed in 1966 as a regional education center; and 28 29 WHEREAS, Kodiak High School's design shortfalls were recognized and multiple remodeling 30 projects have been completed to bring the facility into code compliance; and 31 32 WHEREAS, the last addition of vocational or academic space to Kodiak High School occurred 33 in 1972; and 34 35 WHEREAS, in the late 1980s enrollment at Kodiak High School grew beyond 500 students 36 and a four -phase reconstruction project began; and 37 38 WHEREAS, the fourth phase of the above project, which would have addressed needed 39 additional academic instructional space, was never started; and 40 41 WHEREAS, enrollment at Kodiak High School has soared from 550 students to as high as 42 850 over the past twenty years and is forecasted to remain at approximately 800 students into 43 the foreseeable future; and 44 45 WHEREAS, enrollment projections demonstrate a continued enrollment of 200 or more 46 students above the capacity of the existing Kodiak High School educational facility; and 47 Kodiak Island Borough Ordinance No. FY2010 -03 Page 1 of 5 48 WHEREAS, providing the space that currently is needed for Kodiak High School instruction 49 requires the use of community schools facilities, auditorium space and rented space, as well as 50 overcrowding of the existing high school facilities; and 51 52 WHEREAS, the instructional space available for Kodiak High School does not support the 53 instructional programs which are needed to prepare our high school students for success in the 54 world marketplace; and 55 56 WHEREAS, the current state debt service reimbursement plan provides that the State of 57 Alaska will reimburse the Borough for not Tess than sixty percent (60 %) of debt service on the 58 eligible portion of bonds authorized by the qualified voters of the Borough on or after October 1, 59 2006 but before November 30, 2010, to pay costs of school construction, additions to schools, 60 and major rehabilitation projects; and; 61 62 WHEREAS, the Board of Education and Borough Assembly have commissioned an architect 63 to fully evaluate reconstruction options that support the kind of programs necessary for Kodiak 64 High School to fully meet the educational expectations defined by our community; and 65 66 WHEREAS, the conceptual process has undergone two years of refinement; and 67 68 WHEREAS, the educational facilities and space survey identified that a substantial remodel 69 and new expansion of Kodiak High School will meet instructional space needs in grades K -12 70 throughout our community; and 71 72 WHEREAS, the Kodiak Island Borough School District's educational mission is severely 73 compromised by facility limitations at Kodiak High School; and 74 75 WHEREAS, the Board of Education believes the District would be best served by all District - 76 wide services being congregated in renovated space in the existing Kodiak High School 77 building; and 78 79 WHEREAS, public feedback since the first bond election in 2008 has yielded a more cost - 80 effective design for the renovation and expansion of Kodiak High School; and 81 82 WHEREAS, funding for further architectural design work and cost estimation for the 83 renovation and expansion of Kodiak High School depends on voter approval of a bond 84 ordinance for the project; and 85 86 WHEREAS, the School District has identified grants and industry-based tax incentive 87 programs which could fund millions of dollars towards the Borough's debt service for 88 construction of Kodiak High School, but for which an application can be submitted only after a 89 bond ordinance is approved; and 90 91 WHEREAS, the Borough and School District will continue to seek and apply for additional 92 grants and reimbursement options to reduce the debt service cost of the renovation and 93 expansion of Kodiak High School; and 94 95 WHEREAS, $4,490,000 in proceeds of Borough school bonds previously issued for school 96 repair and replacements projects is available for the renovation of Kodiak High School; and 97 Kodiak Island Borough Ordinance No. FY2010 -03 Page 2 of 5 98 WHEREAS, the Borough views the school and related capital improvements authorized 99 herein as necessary and beneficial to the community; 100 101 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 102 BOROUGH THAT: 103 104 Section 1: This ordinance is not of a general or permanent nature and shall not become a 105 part of the Kodiak Island Borough Code of Ordinances. 106 107 Section 2: It is hereby determined to be for a public purpose and in the public interest of the 108 Borough to incur general obligation bonded indebtedness in an amount not to 109 exceed Seventy Six Million Three Hundred and Ten Thousand Dollars 110 ($76,310,000) for the purpose of paying the cost of planning, design, 111 construction, furnishing and equipping of school and related capital 112 improvements in the Borough, including without limitation additions to Kodiak 113 High School, renovation of Kodiak High School for instructional and School 114 District administrative space, and demolition of the Business 115 Department/Learning Center. 116 117 Section 3: The Borough is authorized to borrow the sum of Seventy Six Million Three 118 Hundred and Ten Thousand Dollars ($76,310,000) to finance the capital 119 improvements described in Section 2, and the borrowing shall be evidenced by 120 the issuance of general obligation bonds of the Borough; provided that bonds 121 may not be issued for any project unless the project is eligible for debt service 122 reimbursement by the State of Alaska. The full faith and credit of the Borough 123 are pledged for payment of the principal of and interest on the bonds, and ad 124 valorem taxes upon all taxable property in the Borough shall be levied without 125 limitation as to rate or amount to pay the principal of and interest on the bonds 126 when due. 127 128 Section 4: The Borough shall submit the following proposition to the qualified voters of the 129 Borough at the October 6, 2009 regular Borough election. The proposition must 130 receive an affirmative vote from a majority of the qualified voters voting on the 131 question to be approved. 132 133 PROPOSITION NO. 1 134 GENERAL OBLIGATION BONDS - $76,310,000 - KODIAK HIGH SCHOOL 135 136 Shall the Kodiak Island Borough incur debt and issue general 137 obligation bonds in an amount not to exceed Seventy Six Million 138 Three Hundred and Ten Thousand Dollars ($76,310,000) for the 139 purpose of paying the cost of planning, design, construction, 140 furnishing and equipping of school and related capital 141 improvements in the Borough, including without limitation the 142 projects described below? 143 Kodiak Island Borough Ordinance No. FY2010 -03 Page 3 of 5 Project Estimated Cost Additions to Kodiak High School $ 44,270,000 Renovate existing Kodiak High School 35,210,000 Renovate part of Kodiak High School for School District Administraion 1,100,000 Demolish Existing Business Department and Learning Center 220,000 Total 80,800,000 Less available Funds in other projects KHS Exterior Insulation and Window Replacement (590,000) KHS Voc Ed Renovation & Pool Reclamation (3,900,000) Total deductions (4,490,000) Total amount of bond issue $ 76,310,000 144 145 The projects are expected to qualify for not Tess than 60% State 146 debt service reimbursement, funding for which is subject to annual 147 appropriation. The projects will be phased to limit disruption to the 148 education of students, and bonds will be sold only as needed to 149 pay project costs. If the State fully funds the debt service 150 reimbursement program, the average annual debt service payable 151 by the Borough after State reimbursement, is estimated to be 152 $2,108,152 $2,409,317. This amount of debt service may require 153 an additional annual property tax levy of $577 $660 per $250,000 154 of assessed value, or its equivalent. This example of a property 155 tax levy is provided for illustrative purposes only. 156 157 If additional funding becomes available for the projects from 158 grants or other sources, only enough bonds to finish the projects 159 will be sold. 160 161 The bonds shall be secured by a pledge of the full faith and credit 162 of the Borough. (Ordinance No. FY 2010 -03) 163 164 Section 5: The proposition shall be printed on a ballot which may set forth other general 165 obligation bond propositions, and the following words shall be added as 166 appropriate next to an oval provided for marking the ballot for voting by hand or 167 machine: 168 169 PROPOSITION NO. 1 170 O YES O NO 171 172 Section 6: Sections 2 and 3 of this ordinance shall become effective only if the proposition 173 described in Section 4 is approved by a majority of the qualified voters voting on 174 the proposition at the October 6, 2009 regular Borough election. The remaining Kodiak Island Borough Ordinance No. FY2010 -03 Page 4 of 5 175 sections of this ordinance shall become effective upon adoption by the Kodiak 176 Island Borough Assembly. 177 178 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 179 THIS DAY OF 2009 180 181 182 KODIAK ISLAND BOROUGH 183 184 185 186 187 Jerome M. Selby, Borough Mayor 188 ATTEST: 189 190 191 192 193 Nova M. Javier, MMC, Borough Clerk 194 195 196 197 198 199 200 201 202 203 204 205 Kodiak Island Borough Ordinance No. FY2010 -03 Page 5 of 5 TO: THROUGH: FROM: SUBJECT: DATE: Kodiak Island Borough MEMORANDUM Borough Mayor and Assembly Rick Gifford, Borough Manager Karleton Short, Finance Director Proposed 2010 A and 2010 B Bond issues July 22, 2009 1• AI The following information is in response to the Assembly's request for information pertaining to the proposed 2010 A (a bond issue for renewal and replacement of the Borough's and School Districts capital projects) and 2010 B (a bond project for the renovation and new construction of the high school) bond issues. The first question was the extent of the States' commitment to reimburse the Borough for debt service on these two bonds. The State has a very strong commitment to reimburse the Borough for their agreed upon portion of the debt service costs. This pledge by the State is not absolute; however, historical data shows that funding for school reimbursement projects have become more predictable in the past two decades as more municipalities have become dependent on debt service reimbursements. I have attached a copy of an Alaska Department of Education spreadsheet which shows the amount of debt eligible for reimbursement vs. the actual state aid provided beginning with FY76 through FY2008 with estimates for FY2009 and FY2010. The State has fully funded their debt reimbursement program since FY1991 when they funded it at 93.80 percent. The lowest funding was in FY1980 when they funded it at 78.13 percent. This partial funding was due to lower oil prices during the 1980's. If the State were to only partially fund the program it would cost the Borough approximately $70,000 per year for every 1 percent not funded for the proposed bond issues. The second question was on what effect the bond issues would have on the mill rate, i.e. taxpayers. There are still some questions and not all of the facts are known. This is a summary of what is known and what projections we are making. 1. We used a net interest rate of 4.8% to estimate what the principal and interest payments are going to be. 2. We assumed 20 year bonds. 3. For the 2010A Bond (Renewal and Replacement) we assumed that 73% of the proceeds would be used for school district projects and 27% of the proceeds would be used for other Borough projects. 4. The State reimburses the Borough 70% of the costs of bonds used for repairs and maintenance of school buildings and 60% of the costs for new school construction. We assumed the 2010A Bond (Renewal and Replacement) bond to be reimbursed at 70% and the 2010 B bond (new High School) be reimbursed at 60 %. Based on these assumptions the proposed 2010A Bond Issue would require .53 mills and the 2010B issue would require 2.64 mills. The annual cost to the owner of a $250,000 home would be $133 for the 2010A bond and $660 for the 2010B bond for a total cost of $793 if both issues were to pass. The following table shows how the sale of these bonds will affect homeowners in the Kodiak Island Borough. Value of Home $ 150,000 250,000 350,000 Renewal & Replacement Bond Mill Annual Rate Cost 0.53 $ 79.50 0.53 132.50 0.53 185.50 2 High School Bond Mill Annual Rate Cost 2.64 $ 396.00 2.64 660.00 2.64 924.00 If you need any additional information please let me know. Total $ 475.50 792.50 1,109.50 There is a very high possibility that the 2010B bond issue will qualify for a higher reimbursement rate than 60 %. This is because much of the project would be for repairs and maintenance of the existing high school. It is very possible that this would change the reimbursement rate to 65% which would change the mill rate from 2.64 mills to 2.31 mills, a savings of .31 mills. This estimate does not take into account increased assessed values, varying revenues and expenditures from year to year, or the amount of debt service that might be funded from the facilities fund. The last question was how the Borough's bonded debt compared to other municipalities in the state. I have attached a spreadsheet showing those figures, both before and after a proposed bond issue. Debt Retirement FY76 - FY2008 with estimates tor t` YzUUu an r Y ZU1 u Eligible for Reimbursement vs. State Aid Provided Updated 2/12/09 Fiscal Year Eligible For Reimbursement Actual State Aid State Aid % Aid Provided FY -76 FY -77 FY -78 FY -79 FY -80 FY -81 FY -82 FY -83 FY -84 FY -85 FY -85 FY -87 FY -88 FY -89 FY -90 FY -91 FY -92 FY -93 FY -94 FY -95 FY -96 FY-97 FY -98 FY -99 FY2000 FY2001 FY2002 FY2 FY2004 FY2005 FY2 006 FY2007 FY2008 Proj. FY2009 Proj. FY2010 $9,242,312 10,107,336 11,408, 304 27, 86 8,182 30,82 3,133 38,380,174 38,262,156 60,772,910 90,600,074 93,161,981 109,707,936 125,272,615 118,701,313 118,469,048 113,92.3,479 123,959,155 127,245,080 124,948,218 98,648,541 93,742,116 79,212,669 62 ,476, 074 61,639,666 61, 990, 844 64,349,790 52, 098,690 54,057,200 51,969,968. 60,592,525 69,439,002 81,695,195 87,524,109 91,764,563 97, 021,161 100,045,201 $8,81 0.500 95.33% 9,051,600 89.55% 11 ,408,304 100.00% 22,273,300 79.92% 24,081,000 78.13% 38,380,174 100.00% 38,262,156 100,00% 56,1 69.700 92.43% 90,600,074 100.00% 93,161,981 100.00% 106,315,600 96.91% 115,845,000 92.47% 109,472,700 92.23% 110,193,451 93.01% 107, 374, 886 9425% 116,276,078 93.80% 127,245,080 100,00% 124,948,218 100.00% 98,648,541 100.00% 93,742,116 100.00% 79,212,669 100.00% 62,476,074 100.00% 61,639,666 100.00% 61,990,844 100.00% 64,349,790 100.00% 52,098,690 100.00% 54,057,200 100.00% 51,969,968 100.00% 60,592,525 100.00% 69,439,002 100.00% 81,695,195 100.00% 87, 524,109 100.00% 91,764,563 100.00% 1 97, 021,161 100.00% 100, 045,201 100.00% 1 This. actimata is hacari nn tha mnct r.iirrant availahla riata anri inrlriripc FFC} nv rhaart Municipality 1 North Slope Borough 2 Aleutians East Borough 3 Northwest Arctic Borough 4, Haines Borough 5 Municipality of Anchorage 6 City & Borough of Juneau 7 City & Borough of Sitka ,�'�. o lan Bo r o k ueh • 9 City of Kaktovik 10 Matanuska- Susitna Borough 11 Ketchikan Gateway Borough 12 City of Seward 13 Fairbanks North Star Borough 14 15 City of Wasilla 16 City of Ketchikan 17 Lake & Peninsula Borough 18 City of North Pole 19 Kenai Peninsula Borough 20 City of Palmer 21 Municipality of Skagway 22 City of Fairbanks 2008 Per 2008 2008 Full Value Capita Population' Determination Full Value Before Proposed Bond 6,748; 12,970,040,362 1,922,057 2,795 128,141,100; 45,847 7 396? 671,592,200 90,805 2,25T 342,797,800 151,882 283,823; 34,911,945,900 123,006 30 305 4,414,661,600 145,674 8640; 1,166,392,200' 134,999 8 ,240 Q 1�OOO k .: 9I 39 286' 80,056 8,697,868,950 13,160 1,543,578,500 2,661 346,892,890 90,963 8,851,417,870 Issues 425,624,182 31,505,000 64,388,000 17,293,379 1,216 805000 113 934,000 29 035,000 486 -! 16,310 730,000 108,647 170,955,000 117,293 27,290,959 130,362 4,320,000 97,308 143,163,000 deaf 1 North Slope Borough 2 Aleutians East Borough 3 Northwest Arctic Borough 4 Kodiak Is1nd Borough 5 Haines Borough 6 Municipality of Anchorage 7 City & Borough of Juneau 8 City & Borough of Sitka 9 City of Kaktovik 10 Matanuska - Susitna Borough 11 Ketchikan Gateway Borough 12 City of Seward 13 Fairbanks North Star Borou:h 14 15 16 17 18 19 20 City of Wasilla City of Ketchikan Lake & Peninsula Borough City of North Pole Kenai Peninsula Borough City of Palmer 21 Municipality of Skagway 22 City of Fairbanks 7,025 7,728 1,538 1,945 52,370 5,504 845 31,627 1,237,792,300 876,494,900 70,663,200 391,881,900 7,545,312,290 568,207,000 327,866,300 2,644,090,300 176,198 113,418 45,945 201,482 144,077 103,235 388,007 83,602 After Proposed Bond Issues 6,748 12,970,040,362 1,922,057 425,624,182 2,795, 128,141,100 45,847 31,505,000 r 7,396 671,592,200 90,805 64,388,000 3 ? 1240,091;000' } 91,398 j 122,960;000, 2,257 342,797,800 151,882 • 283,823 34,911,945,900 123,006 • 30,305 4,414,661,600 145,674 8,640, 1,166,392,200 134,999 286 ``: 4,664,700 16,310 • 80,056! 8,697,868,950 108,647 • 13,160 1,543,578,500 117,293 2,661 346,892,890: 130,362 • 90,963; 8,851,417,870, 97,308 << m.s 7,025 • 7,728 1,538 • 1,945 • 52,370 • 5,504 845 31,627 1,237,792,300 876,494,900 70,663,200 391,881,900 7,545,312,290 568,207,000 327,866,300 2,644,090,300 4 176,198 113,418 45,945 201,482 144,077 103,235 388,007 83,602 Per Capita G. O. Bonded Bonded Debt to 2008 Full G.O. Debt Debt,, Debt Value Determination 9,615,000 8,030,000 1,532,038 1,417,969 22,519,000 2,255,000 287,000 8,790,000 17,293,379 1,216,805,000 113,934,000 29,035,000 730,000 170,955,000 27,290,959 4,320,000 143,163,000 9,615,000 8,030,000 1,532,038 1,417,969 22,519,000 2,255,000 287,000 8,790,000 63,074 11,272 8,706 7,662 4,287 3,760 3,361 6 2,552 2,135 2,074 1,623 1,574 1,369 1,039 996 729 430 410 340 278 63,074 11,272 8,706 8,193' 7,662 4,287 3,760 3,361 2,552 2,135 2,074 1,623 1,574 1,369 1,039 996 729 430 410 340 278 3.28% 24.59% 9.59 % 5.04 % 3.49% 2.58% 2.49 % .'';8 15.65% 1.97% 1.77% 1,25% 1.62% 0.78% 0.92% 2.17% 0.36% 0.30% 0.40% 0.09 % - 0.33% 3.28% 24.59% 9.59% 9.92 %0 5.04% 3.49% 2.58% 2.49% 15.65% 1.97% 1.77% 1.25% 1.62% 0.78% 0,92% 2.17% 0.36% 0.30% 0.40% 0.09% 0.33% TITLE: SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 6, 2009 REGULAR MEETING ITEM NO: 9.B Ordinance No. FY2010 -04 Authorizing The Borough To Issue General Obligation Bonds In The Principal Amount Of Not To Exceed $12,500,000 To Finance The Planning, Design, And Construction Of Renewals And Replacements Of Borough Facilities; And To Submit The Question Of The Issuance Of Such Bonds To The Qualified Voters Of The Borough At The October 6, 2009 Regular Borough Election. The Borough currently owns over $200,000,000 worth of buildings as reflected on the values listed on the insurance schedules. This number does not include the cost of the land or site improvements. Part of the cost of ownership is to renew and /or replace parts of these buildings. The proceeds of this bond ($12,500,000) equals 6.25% of the current value of these buildings. It is in the best interest of the Borough to keep buildings properly maintained. Deferred maintenance usually costs more in the long run. Approximately 73% of these buildings are school buildings which qualify for a 70% debt reimbursement from the State of Alaska. FISCAL NOTES: Expenditure Required: Total principal and interest costs will be $19,841,337 after state reimbursement of approximately 51% the total cost to the Borough will be $10,138,923. This may require a mill rate increase of .53 mills. Borough Code Section 3.05.030 debt policies, states "Net debt as a percentage of the market value of taxable property should not exceed 5 % ". 5% of the market value of taxable property in the Borough is $913,014,985. At the current time the Borough's net debt is 2.08% of the market value of taxable property, this bond issue would increase it 1.11% for a total of 3.19 %. The code goes on to say "the ratio of debt service expenditures as a percent of governmental fund expenditures should not exceed 20 percent." FY2009 governmental expenditures were $26,586,955. 20% of these expenditures is $5,317,391. The debt service expenditures for FY2010 are budgeted at $4,076,799 or 15 %. The sale of these bonds would increase this ratio to 17 %. APPROVAL FOR AGENDA: Form Ver. 06/30/2009 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2010 -04. Introduced by: KIB Manager 1 Requested by: Borough Assembly Drafted by: Finance Director 2 Short/ Bond Counsel 3 Introduced: 07/16/2009 4 Public Hearing: 08/06/2009 5 Adopted: 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2010 -04 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 AUTHORIZING THE BOROUGH TO ISSUE GENERAL OBLIGATION BONDS 11 IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $12,500,000 TO FINANCE 12 THE PLANNING, DESIGN, AND CONSTRUCTION OF RENEWALS AND 13 REPLACEMENTS OF BOROUGH FACILITIES; AND TO SUBMIT THE QUESTION 14 OF THE ISSUANCE OF SUCH BONDS TO THE QUALIFIED VOTERS OF THE 15 BOROUGH AT THE OCTOBER 6, 2009 REGULAR BOROUGH ELECTION 16 17 WHEREAS, various Kodiak Island Borough facilities have certain elements in need of renewal 18 and replacement over the next five year period, including without limitation the projects described 19 in Exhibit A hereto; and 20 21 WHEREAS, approximately 73% of these buildings are school buildings which qualify for a 70% 22 debt reimbursement from the State of Alaska; and 23 24 WHEREAS, the Borough views the renewal and replacement projects authorized herein as 25 necessary and beneficial to the community; and 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH THAT: 29 30 Section 1: This ordinance is not of a general and permanent nature and shall not become a 31 part of the Kodiak Island Borough Code of Ordinances. 32 33 Section 2: It is hereby determined to be for a public purpose and in the public interest of the 34 Borough to incur general obligation bonded indebtedness in an amount not to 35 exceed Twelve Million Five Hundred Thousand Dollars ($12,500,000) for the 36 purpose of paying the cost of planning, designing, and constructing renewals and 37 replacements of Borough facilities, including without limitation the projects 38 described in Exhibit A hereto. 39 40 Section 3: The Borough is authorized to borrow the sum of Twelve Million Five Hundred 41 Thousand Dollars ($12,500,000) to finance the capital improvements described in 42 Section 2, and the borrowing shall be evidenced by the issuance of general 43 obligation bonds of the Borough. The full faith and credit of the Borough are 44 pledged for payment of the principal of and interest on the bonds, and ad valorem 45 taxes upon all taxable property in the Borough shall be levied without limitation as 46 to rate or amount to pay the principal of and interest on the bonds when due. 47 48 Section 4: The Borough shall submit the following proposition to the qualified voters of the 49 Borough at the October 6, 2009 regular Borough election. The proposition must 50 receive an affirmative vote from a majority of the qualified voters voting on the 51 question to be approved. 52 Kodiak Island Borough Ordinance No. FY2010 -04 Page 1 of 3 53 PROPOSITION NO. 1 54 GENERAL OBLIGATION BONDS FOR RENEWALS AND 55 REPLACEMENTS OF BOROUGH FACILITIES 56 57 Shall the Kodiak Island Borough incur debt and issue general 58 obligation bonds in an amount not to exceed Twelve Million Five 59 Hundred Thousand Dollars ($12,500,000) to finance the planning, 60 design and construction of renewals and replacements of Borough 61 buildings and other facilities. 73% of these projects are school 62 related. 63 64 The school projects are expected to qualify for not less than 70% 65 State debt service reimbursement, funding for which is subject to 66 annual appropriation. The projects will be phased to limit disruption 67 to the education of students, and bonds will sold only as needed to 68 pay project costs. 27% of these projects are for borough buildings 69 and other facilities. 70 71 If the State fully funds the debt service reimbursement program, the 72 average annual debt service payable by the Borough after State 73 reimbursement, is estimated to be $485,121. This amount of debt 74 service may require an additional annual property tax levy of $133 75 per $250,000 of assessed value, or its equivalent. This example of a 76 property tax levy is provided for illustrative purposes only. 77 78 The bonds shall be secured by a pledge of the full faith and credit of 79 the Borough. (Ordinance No. FY2010 -04) 80 81 Section 5: The proposition shall be printed on a ballot which may set forth other general 82 obligation bond propositions, and the following words shall be added as 83 appropriate next to an oval provided for marking the ballot for voting by hand or 84 machine: 85 PROPOSITION NO. 1 c YES O NO 86 87 Section 6: Sections 2 and 3 of this ordinance shall become effective only if the proposition 88 described in Section 4 is approved by a majority of the qualified voters voting on 89 the proposition at the October 6, 2009 regular Borough election. The remaining 90 sections of this ordinance shall become effective upon adoption by the Kodiak 91 Island Borough Assembly. 92 93 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 94 THIS DAY OF 2009 95 96 KODIAK ISLAND BOROUGH 97 98 99 100 ATTEST: Jerome M. Selby, Borough Mayor 101 102 103 104 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2010 -04 Page 2 of 3 105 106 School Projects (elgible for DEED East Generator & Building High School Replace Wooden Gym Floor Larsen Bay Old HVAC Equip Larsen Bay Old HVAC Controls Karluk Remove UST Chiniak Remove UST East Old Kitchen Pipit East Flooring Old Harbor HVAC Controls Peterson Flooring East Old Case work Old Harbor Flooring Larsen Bay Exterior Paint East Exterior Paint Port Lions Remove UST Main Remove UST Karluk Exterior Paint Akhiok Play Grounds Larsen Bay Old Windows Middle School HVAC Controls Peterson HVAC Controls Middle School Gym Floor Replacement East Old Exterior Doors East New Boilers & Building High School Upgrade Generator Peterson Boilers Main Gym floor Replacement Main Exterior Paint Peterson Exterior Paint Karluk Flooring Karluk Interior Paint Larsen Bay Old Elect Lighting East Old Plumb Fixtures Ouzinkie Old Elect Lighting Port Lions Play Grounds Ouzinkie Play Grounds Old Harbor Play Grounds High School 1972 Add. Exterior Doors Old Harbor Remove UST Total Kodiak Island Borough Reimbursement) $ 780,196 447,237 399, 848 146,639 89, 370 82,620 47,656 490,290 345,922 275, 566 231,386 j 163,268 Appendix A 44,800 24,589 1,302,645 490,577 353,206 47,724 502,519 451,135 300,510 210,711 198,811 196,113 166,166 146,551 134,931 129,107 • 117,280 72,000 72,000 72,000 45,763 43,692 9,109, 477 Grand Total Borough Projects Boro. Build. New Roof Boro. Build. Duct Cleaning Boro. Build. Replace Air louvers Boro Build. Boiler Combustion Air Fan Boro Build.Vents at Roof Extensions Auditorium Exterior Doors Boro. Build. New Receptacles Boro. Build. DDC Control system Boro. Build Replace Boilers Boro. Build. Asbestos Boiler Room Auditorium Flooring foyer and hall Boro. Build. New Flooring _ 1 1,190, 020 108,184 21,637 21,637 2,163 73,725 65,444 429,563 290,493 154,930 103,151 320,544 148,826 Boro. Build. Move Gen Set 280,476 111,195 Boro. Build. Asbestos under Carpet 280,476 85,266 Boro. Build. Relocate Fuel Oil Piping 48,082 78,826 Total $ 3,390,523 62,539 $12,500,000 Ordinance No. FY2010 -04 Page 3 of 3 TO: THROUGH: FROM: SUBJECT: DATE: Kodiak Island Borough MEMORAND UM Borough Mayor and Assembly Rick Gifford, Borough Manager dig Karleton Short, Finance Director Proposed 2010 A and 2010 B Bond issues July 22, 2009 The following information is in response to the Assembly's request for information pertaining to the proposed 2010 A (a bond issue for renewal and replacement of the Borough's and School Districts capital projects) and 2010 B (a bond project for the renovation and new construction of the high school) bond issues. The first question was the extent of the States' commitment to reimburse the Borough for debt service on these two bonds. The State has a very strong commitment to reimburse the Borough for their agreed upon portion of the debt service costs. This pledge by the State is not absolute; however, historical data shows that funding for school reimbursement projects have become more predictable in the past two decades as more municipalities have become dependent on debt service reimbursements. I have attached a copy of an Alaska Department of Education spreadsheet which shows the amount of debt eligible for reimbursement vs. the actual state aid provided beginning with FY76 through FY2008 with estimates for FY2009 and FY2010. The State has fully funded their debt reimbursement program since FY1991 when they funded it at 93.80 percent. The lowest funding was in FY1980 when they funded it at 78.13 percent. This partial funding was due to lower oil prices during the 1980's. If the State were to only partially fund the program it would cost the Borough approximately $70,000 per year for every 1 percent not funded for the proposed bond issues. The second question was on what effect the bond issues would have on the mill rate, i.e. taxpayers. There are still some questions and not all of the facts are known. This is a summary of what is known and what projections we are making. 1. We used a net interest rate of 4.8% to estimate what the principal and interest payments are going to be. 2. We assumed 20 year bonds. 3. For the 2010A Bond (Renewal and Replacement) we assumed that 73% of the proceeds would be used for school district projects and 27% of the proceeds would be used for other Borough projects. 4. The State reimburses the Borough 70% of the costs of bonds used for repairs and maintenance of school buildings and 60% of the costs for new school construction. We assumed the 2010A Bond (Renewal and Replacement) bond to be reimbursed at 70% and the 2010 B bond (new High School) be reimbursed at 60 %. Based on these assumptions the proposed 2010A Bond Issue would require .53 mills and the 2010B issue would require 2.64 mills. The annual cost to the owner of a $250,000 home would be $133 for the 2010A bond and $660 for the 2010B bond for a total cost of $793 if both issues were to pass. The following table shows how the sale of these bonds will affect homeowners in the Kodiak Island Borough. Value of Home $ 150,000 250,000 350,000 Renewal & Replacement Bond Mill Annual Rate Cost 0.53 $ 79.50 0.53 132.50 0.53 185.50 2 High School Bond Mill Annual Rate Cost 2.64 $ 396.00 2.64 660.00 2.64 924.00 If you need any additional information please let me know. Total $ 475.50 792.50 1,109.50 There is a very high possibility that the 2010B bond issue will qualify for a higher reimbursement rate than 60 %. This is because much of the project would be for repairs and maintenance of the existing high school. It is very possible that this would change the reimbursement rate to 65% which would change the mill rate from 2.64 mills to 2.31 mills, a savings of .31 mills. This estimate does not take into account increased assessed values, varying revenues and expenditures from year to year, or the amount of debt service that might be funded from the facilities fund. The last question was how the Borough's bonded debt compared to other municipalities in the state. I have attached a spreadsheet showing those figures, both before and after a proposed bond issue. Debt Retirement FY76 - FY2008 with estimates for FY2009 and FY2010 Eligible for Reimbursement vs. State Aid Provided Updated 2112/09 Fiscal Year Eligible For Reimbursement Actual State Aid State Aid % Aid Provided FY -76 FY -77 FY -78 FY -79 FY -80 FY -81 FY -82 FY -83 FY -84 FY -85 FY -86 FY -87 FY -88 FY-89 FY -90 FY -91 FY -92 FY -93 FY -94 FY -95 FY -96 FY -97 FY -98 FY -99 FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2 006 FY2007 FY2008 Proj. FY2009 Proj. FY2010 $9,242,312 10,107,336 11,408,304 27,868,182 30,823,133 38,380,174 38,262,156 60,772,910 90,600, 074 93,161,981 109,707,936 125,272,615 118,701,313 118,469,048 113,923,479 123,959,155 127,245,080 124,948,218 98,648,541 93,742,116 70,212,669 62,476,074 61,639,666 61,990,844 64,349, 790 52,098,690 54,057,200 51,969,968 60,592,525 69,439,002 81,695,195 87,524,109 91,764,563 97,021,161 1 100,045,201 1. $8,810,500 95.33% 9,051 ,600 89.55% 11,408,304 100.00% 22,273,300 79.92% 24,081,000 78.13% 36,380,174 100.00% 38,262,156 100.00% 56,169,700 92.43% 90,600,074 100.00% 93,161,981 100.00% 106,315,600 96.91% 115,845,000 92.47% 109,472,700 92.23% 110,193, 451 93.01% 107,374,886 94.25% 116,276,078 93.80% 127,245,080 100.00% 124,948,218 100.00% 98,648,541 100.00% 93,742,116 100.00% 79,212,669 100.00% 62,476, 074 1 00.00% 61,639,666 100.00% 61, 990,844 100.00% 64,349,790 100.00% 52,098,690 100.00% 54,057,200 100.00 °10 51,969,968 100.00% 60,592,525 100.00% 69,439,002 100.00% 81,695,195 100.00% 87, 524,109 100.00% 91,764,563 100.00% 97, 021,1 61 100.00% 100,045,201 100.00% 1 Thi agtimatr? is hacari on tha rnngt r.,irrAnt availahla riAta and inr'ituirsc FFr} nvrcrhaari 14 Municipality 1 North Slope Borough 2 Aleutians East Borough 3 Northwest Arctic Borough 4 Haines Borough 5 Municipality of Anchorage 6 City & Borough of Juneau 7 City & Borough of Sitica 8 c#Y.9.f K-akt9Y 10 Matanuslca-Susitna Borough 11 Ketchilcan Gateway Borough 12 City of Seward 13, Fairbanks North Star Borou 14 15 City of Wasilla 16 City of Ketchilcan 17 Lake & Peninsula Borough 18 City of North Pole 19 Kenai Peninsula Borough 20 City of Palmer 21 Municipality of Skagway 22 City of Fairbanlcs 2008 2008 Full Value Capita Population! Determination ; Full Value Before Proposed Bond 6,748; 12,970,040,362; 1,922,057 2,7951 128,141,100; 45,847 7,3961 671,592,200! 90,805 2,2571 342,797,8* 151,882 283,8234 34,911,945,9004 123,006 30,3051 4,414,661,600; 145,674 8,640 1,166,392,2001 134,999 • 286' 4,664,7* 16,310 80,056 8,697,868,950' 108,647 13,1601 1,543,578,500: 117,293 2,661; 346,892,890 130,362 90,9631 8,851,417,870 97,308 1 North Slope Borough 2 Aleutians East Borough 3 Northwest Arctic Borou fs r 5 Haines Borough 6 Municipality of Anchorage 7' City & Borough of Juneau 8 City & Borough of Sitka 9 City of Kalctovilc 10 Matanuska-Susitna Borough 11 Ketchlkan Gateway Borough 12 City of Seward 13 Fairbanks North Star Borough 15 City of Wasilla 16 City of Ketchilcan 17 Lake & Peninsula Borough 18 City of North Pole 19 Kenai Peninsula Borough 20 City of Pahner 21 Municipality of Skagway 22 City of Fairbanlcs 2008 Per Per Capita G.O. Bonded Bonded Debt to 2008 Full G.O. Debt Debt. Debt Value Determination Issues 425,624,182: 63,074 3.28% 31,505,000 11,272 . 24.59% 64,388,000: 8,706 9.59% 17,293,379 1,216,805,000 113,934,000, 7,662 _ 5.04% 4,287 3.49% 3,760 2.58% 29,035,000 3,361 2.49%. 1 730,000, 2,552 15.65% 7,025; 1,237,792,300: 176,198 9,615,0001 7,7281 876,494,900: 113,418! 8,030,000: 1,538, 70,663,2001 45,945 1,532,038! 1,9451 391,881,900, 201,482 1,417,969 52,3701 7,545,312,290! 144,077 22,519,0001 5,504; 568,207,000; 103,235: 2,255,000! 8451 327,866,3001 388,007 287,000 1 340 31,627; 2,644,090,300; 83,602 8,790,000! 278 1,369 1,039 996 729 430 410 170,955,000! 2,135 ' 1.97%' 27,290,959: 1.77% 4,320,000 1,623 1.25% 143,163,000 1,574 1.62% 0.78% 0.92% 2.17% 0.36% 0.30%: 0.40% 0.09%! 0.33% After Proposed Bond Issues 6,748: 1,922,057 425,624,182 63,074 3.28% 2,795; 128,141,100, 45,847 31,505,000 11,272 24.59%, • 7,3961 671,592,200, 64,388,000 8,706 9.59% AtifigiVFOrWrien 2 3 7, 4 193 2,257 342,797,800 151,882 17,293,379 7,662 5.04% • 283,8231 34,911,945,900; 123,006 1,216,805,000' 4,287 3.49% • 30,3051 4,414,661,600; 145,674 113,934,000 3,760 2.58% ! 8,640! 1,166,392,200 134,999, 29,035,000 3,361 2.49% 286 4,664,700 16,310, 730,000 2,552 15.65% • 80,056; 8,697,868,950: 108,647: 170,955,000: 2,135 1.97% • 13,160i 1,543,578,500 117,293 27,290,959 2,074 L77% • 2,661; 346,892,890: 130,362 4,320,000 1,623 1.25% ▪ 90,963 8,851,417,8701 97,308 143,163,000 1,574 1.62% 7,025 1,237,792,300' 176,198 9,615,000 • 7,728 876,494,900 113,418 8,030,000 • 1,538 70,663,200 45,945 1,532,038, 1,945 391,881,900: 201,482 1,417,969 52,370 7,545,312,290 144,077 22,519,000 5,504 568,207,000, 103,235 2,255,000 4 1,369 0.78% 1,039 0.92% 996 2.17% 729 0.36% 430 0.30% 410 0.40% 845327,866,300! 388,007 287,000 340 0.09% 31,627' 2,644,090,300 83,602 8,790,000 278 0.33% TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 16, 2009 REGULAR MEETING Contract No. FY2010 -01 Kodiak Island Borough Facilities Fuel Oil Delivery. SUMMARY: ITEM NO: 13.A.2 This contract will supply and deliver #1 and #2 heating oil to KIB facilities which include include the Landfill /Baler Building, KIB Admin Building, Chiniak Tsunami Shelter, KFRC Laboratory Facility and dorms, Fire Stations, other KIB rental facilities such as the cottage buildings (720 Egan), and the Annex Building. The benefit of the bid process is that we combine the quantity of heating fuel needed for all KIB facilities with the quantities of fuel needed by the School District and the Hospital, for a bulk purchase. Each entity is responsible for paying the fuel bill for their respective facility, yet we all receive a price break for the large quantity purchased. This is important for an item that is a commodity where market value fluctuates wildly. KIB consumes approximately 110,100 gallons of fuel for its facilities per year. The School District consumes 286,700 gallons /year and the Hospital consumes 120,300 gallons /year. The bidding process is performed by the school district. Bid proposal instructions require vendors to use an industry base cost (known as the Seattle OPIS price - This is a posted daily price of heating fuel in Seattle). On top of the OPIS price the vendor adds their margin or price to do business. The decision to award a contract is not based on the fuel cost, but on the bidder's margin. The vendor that offers the lowest margin is selected to supply fuel. That way, as the market price of fuel increases and decreases, the margin cited in the bid offering remains the same. The bid packet for heating fuel went out for a 1 year (option A) term or a 3 year (option B) term. Results came back with one bidder. This bid offered a margin of 17 cents for a one year contract and 16 cents for a three year contract. Because the margin for the three -year contract is lower than the one year contract, it is recommended that KIB enter into a contract with Petro Star for a three year contract based on a margin of 16 cents above the weekly average of the posted Seattle OPTS price. These are the same terms that the school district selected when they approved their heating fuel contract with Petro Star, Inc. at their last meeting. VENDOR #1 Town #2 Town CHINIAK Petro Star, Inc. (1 year) $0.17 $0.17 $0.17 Petro Star, Inc. (3 year) $0.16 $0.16 $0.16 Form Ver. 06/30/2009 Fiscal Notes: Buildings: Account Nos. Annex Bldg. [610 Egan] 220 232 450 360 Landfill /Baler Bldg. 530 731 450 360 Landfill /Baler Equipment 530 731 450 365 KIB Bldg/Tsunami Ctr. /Rentals 220 232 450 360 KFRC 555 758 481 120 KFRC Dorms 555 759 481 120 Womens Bay Fire Dept. 252 214 450 360 Bayside Fire Dept. 250 212 450 360 Expenditure Required: Not yet known Amount Budgeted: $293,000 APPROVAL FOR AGENDA: Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 16, 2009 REGULAR MEETING ikfs6(> cor' RECOM DED MOTION: Move to authorize the manager to execute Contract No. with Petro Star of Kodiak, Alaska for a three year contract based on a margin ve the weekly average of the posted Seattle OPIS price. TITLE: Amending the Motion Previously Adopted at the July 16, 2009 Regular Meeting on Contract No. FY2010 -01 Kodiak Island Borough Facilities Fuel Oil Delivery. SUMMARY: This contract was approved by the Assembly on July 16, 2009 under consent agenda. What was reflected on the agenda statement summary was correct; however, the motion that was indicated in the original agenda statement was wrong and needs to be corrected for the record. This action will correct the motion: FROM: Move to Authorize the Manager to Execute Contract No. 2010 -01 with Petro Star, Inc. of Kodiak, Alaska for a three year contract based on a margin of $.16 above the weekly average of the posted Seattle OPIS price. TO: Move to Authorize the Manager to Execute Contract No. 2010 -01 with Petro Star, Inc. of Kodiak, Alaska for a three year contract based on a margin of La§ above the weekly average of the posted Seattle OPTS price. FISCAL NOTES: Buildings: Account No.: Annex Bldg (610 Egan), Cottage (720 Egan), KIB Admin Bldg, Tsunami Ctr. 220 - 232 - 450 -360 KFRC 555 - 758 - 481 -120 KFRC Dorms 555 - 759 - 481 -120 Landfill /Baler Bldg 530 - 731 - 450 -360 Landfill /Equipment 530 - 731 - 450 -365 Bayside Fire Dept. 250 - 212 - 450 -360 Womens Bay Fire Dept. 252- 214 - 450 -360 Amount Budgeted: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 16, 2009 REGULAR MEETING Expenditure Required: $203,442.78 APPROVAL FOR AGENDA:,Id ITEM NO: 13.A.1 RECOMMENDED MOTION: Move to amend the motion adopted at the July 16, 2009 Regular Meeting on authorizing the manager to execute Contract No. FY2010 -01 with Petro Star, Inc of Kodiak, Alaska for a three year contract based on a margin of $.16 above the weekly average of the posted Seattle OPIS price to $.25 above the weekly average of the posted Seattle OPIS price. Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 6, 2009 REGULAR MEETING TITLE: Contract No. FY2010 -13 Kodiak Road System Trails Master Plan. SUMMARY: ITEM NO: 13.A.2 Parks and Recreation Committee members have worked through the process of selecting a contractor to perform the Road System Trails Master Plan. Nine planning firms responded to the Borough's RFP. Three firms were "short listed" and travelled to Kodiak to be interviewed. After asking a series of questions, ranking and rating each firm, the P &R Committee chose ALTA Planning and Design to perform the work. ALTA is a strong trails planning firm. Also included on their team is Mr. Matt Hastie who has developed a successful public participation program and project website for the KIB comprehensive plan that was completed a couple of years ago. Funds for this planning project will primarily come from the CDD budget, $23,500 State of Alaska CIAP grant, and included in this grant is another $80,000 to "improve" or "harden" various trails with what is known as geoblock. It should be noted that a lot of preliminary work has been performed by the Kodiak Island Borough which could reduce the ultimate price of this contract. FISCAL NOTES: Account No.: 100 - 140 - 430 -140 (and an undetermined acct number for the CIAP grant) Amount Budgeted: $140,000 Expenditure Required: $103,013 + reimbursables of an estimated $25,000 APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2010 -13 with Alta Planning and Design of Portland, Oregon for the Kodiak Road System Trails Plan in the amount not to exceed $128,013. a lta PLANNING + OESIGN July 20, 2009 Dear Mr. Cassidy, 711 NE Grand Ave Portland, OR 97214 (503) 230-9862 (503) 230 -9864 fax www•altaolanninq•com Bud Cassidy, Director Community Development Department Kodiak Island Borough Manager's Office, Room 125 710 Mill Bay Road Kodiak, Alaska 99615 On behalf of Alta Planning + Design, I am pleased to submit this scope and fee document for our consultant services to develop the Kodiak Road System Trails Master Plan. We thank the community for the opportunity to work in the Kodiak Island Borough and look forward to speaking with you soon. Sincerely, George Hudson, ASLA, Principal Alta Planning + Design Scope of Services Perform "Condition Study" of Existing Trails Based on Accepted Methods The Alta team will review existing documentation for the trail system and, where feasible, perform field visits to verify facility location and /or quality. Because of the high cost to obtain information on all the trails within the study area, Alta staff will provide a half -day training session for local volunteers to locate and assess the trails using personal hand -held Global Positioning System (GPS) units and digital cameras; Alta staff will also provide support to volunteers as they survey the trails. The individual trails will be assessed for their sustainability, defined as each facility's ability to support current and future use with minimal impact to the area's natural systems. Trails will be rated as either "sustainable ", "maintainable ", or "unsustainable ", and identified accordingly on a map in the subsequent task. Indentify, Describe, Map and Rate Existing Trails The new information gained through the previous task will be in combined with existing trails information from earlier planning efforts and displayed on an Existing Conditions exhibit. Alta will then correlate each trail to a narrative describing the general physical condition of the trail, particularly as it relates to the issue of sustainability. Outline Trail Management Objectives Utilizing existing survey information and the base data obtained in the previous steps, the Alta team will draft Trail Management Objectives (TMOs) that target a range of experiences for users. The TMOs will provide the basis for future decisions about the intended use of the trail, the experience it should provide, and the level of development of the trail. The draft TMOs will be posted for public comment and reviewed by the Parks & Recreation Committee prior to the issuance of the final TMOs. Develop Design Guidelines for Existing Trail Rehabilitation Based on accepted trail design parameters for the intended users of the trails, Alta will create design guidelines to assist in the future maintenance of existing trails. With input from the TMOs, these guidelines will take into account the intended users, types of experiences, available natural materials, wildlife and habitat protection, and existing landscape to provide sustainable, durable, cost - effective solutions. Alta will focus particularly on providing solutions that can be implemented by volunteers, as this will likely be the primary labor source for improvements. The draft Develop Design Guidelines for Existing Trail Rehabilitation will be posted for public comment and reviewed by the Parks & Recreation Committee prior to the issuance of the final guidelines. Examine Potential Routes for Future Trails With the base data information from previous efforts indicating the existing conditions, the Alta team will analyze where "gaps" exist in the system, and where connections can be made to significantly improve the trail experience, based upon the TMOs. Once the need for trail connections are identified, the Alta team will utilize topographic, roadway, utility, and parcel information to conceptually identify potential trail alignments, pursuant to accepted industry guidelines for sustainable trail development. Key destinations will be identified and opportunities to connect to those destinations will be explored and evaluated. The Alta team will then field - verify the alignments (where possible /feasible), refine their locations, and synthesize the information to create an Opportunities & Constraints exhibit. The draft Opportunities & Constraints exhibit will be posted for public comment and reviewed by the Parks & Recreation Committee prior to the issuance of the final document. Address Private Property Issues Where the Opportunities & Constraints exhibit identifies potential trespass issues, and where it is desirable to maintain access, the Alta team will assist the Borough generally by providing sample easement language, alignment analysis strategies, and negotiating techniques for obtaining public access across private lands. The Alta team will assist the Borough specifically by preparing for and meeting with private property stakeholders. Suggest Methods ofAddressing Trail Conflicts Alta staff have worked extensively on the issue of trail design and management to reduce conflicts between trail users. First, from a management role, Alta will consider user mixes and desired experiences as they relate to the trail system, and help devise an implementation plan that meets the needs of the various users based upon the TMOs. Second, Alta will provide narrative descriptions and graphical examples of potential physical improvements to trails to reduce user conflicts, incorporating concepts such as varying trail corridor widths, vertical and horizontal sightlines, "gateways ", and "relative speed /actual speed" management of mountain bicyclists and OHV users. This "toolbox" approach will facilitate simple implementation of proven solutions to trail conflicts. Implementation Plan ( "Trails Plan') The exhibits and memoranda created during the previous phases will be combined into recommendations for implementation. The implementation strategy will note phasing and priority of projects (both new trail construction and maintenance of existing facilities) based upon the needs of the local trail users. High -level cost estimates for specific trails will also be provided to assist the Borough in budgeting for future projects. The draft Implementation Plan will be presented to the public for comment and reviewed by the Parks & Recreation Committee prior to the issuance of the final plan. Develop User Guide A Kodiak Island Borough Trail Guide will be developed by the Alta team, utilizing the information provided through the previous steps. The guide will be a high -quality map graphic, supported by useful trail information such as allowed uses, major destinations, facilities provided (e.g., parking, restrooms), length of trail, approximate duration of outing, elevation gain /loss, recommended routes, "rules of the trail ", and interpretative information. A benefit to both visitors and residents, this user guide will help people better enjoy the trail system. Parks and Recreation Committee Meetings In that the Borough expects to use the existing Parks and Recreation Committee as the primary advisory group (along with Borough staff, Planning & Zoning, and Assembly members) for this project, the Alta team expects the committee will serve a number of purposes, including: • Helping to identify trail planning priorities and improvements; • Assisting with community outreach activities, including acting as hosts for community meetings and encouraging other Borough residents to participate in them; • Helping provide and organize volunteer efforts to map and catalogue trail conditions; • Helping marshal community support for adoption of the Trails Plan. The Alta team will meet with the Committee at least three times during the course of the project to receive guidance and comments on the work to date. Topics of discussion are expected to include the following, among others: • Crafting a locally- appropriate approach to community involvement; • Determining trail planning priorities; • Developing an approach to resolving conflicts among trail users; • Determining locations for future trails; 2 • Developing strategies for implementing key trail planning recommendations. The Alta team will send materials to the Committee to review seven days in advance of each meeting and coordinate the schedule of committee meetings with other existing community meetings. Community Group /Stakeholder Meetings The Alta team will conduct interviews with key stakeholders early in the planning process to identify important planning issues and priorities. Interviews may be conducted as individual or small group meetings. They may be conducted both in person and via telephone. Stakeholder groups may include: • Selected Park and Recreation Committee members; • Planning & Zoning or Assembly members (e.g., through an informal work session); • Users of motorized and non - motorized trails; • Landowners, particularly people or groups who own land where important trails or access points may be located; • Developers actively involved in implementing new housing and /or commercial projects. Community -wide Meetings The input of the Kodiak community is key to the success of the project, and cannot be seriously undertaken without the involvement of trail users and the public -at- large. To provide information and solicit feedback, the Alta team will conduct up to two community-wide meetings to coincide with important steps in the planning process: • One midway through the project, to report on fieldwork, trails inventory findings, and identified potential projects, and to gather public feedback about trail priorities and ranking of existing trail conditions; • One near the end of the project, to present draft findings in preparation for the adoption process. General Public Involvement Public input will not be limited to scheduled meetings, but will also consist of public outreach activities that happen throughout the project. To this end, the Alta team will develop and distribute questionnaires and surveys and prepare content for up to four updates /announcements. These materials may frequently be distributed through the project website (described below). Develop and Maintain Project Website The project website should be linked to and from the Borough's official website, including links from the Home Page and Community Development page to provide people with more than one opportunity to reach the Trails Plan site. The Alta team will develop a unique graphic identity for the project, including a logo and website template, that will incorporate photos, maps, and illustrations developed for the project. The website will include a general description of the planning process; a schedule of upcoming meetings and related informational materials; project updates to correspond with public meetings; a summary of "Frequently Asked Questions" about the planning process; draft work products, including maps, narrative and illustrations; and a comment form, including an opportunity to provide contact information, comments or questions. Alta shall host the project website for the duration of the project plus six months (not to extend beyond January 1, 2011). If the client wishes to extend service or assume ownership of the website beyond that date, such may be negotiated at that time. Scheduling of Meetings In order to efficiently deliver the above scope of services and to minimize mobilization costs, the Alta team proposes that meetings in Kodiak be combined in the following manner: Visit #1 - Kick -off meeting GIS data transfer GPS /assessment training for volunteers - Parks and Recreation Committee meeting - Community group /stakeholder meeting Summer trails assessment and route verifying Visit #2 - Winter trails assessment and route verifying Visit #3 - Parks and Recreation Committee meeting - Public meeting Private property stakeholders meetings Visit #4 - Parks and Recreation Committee meeting - Public meeting Contingency Fee A contingency fee equal to ten percent of the labor cost is proposed to accommodate additional tasks (e.g., site visits or meetings), as desired necessary by the Alta team and the Borough. Travel Expenses Travel expenses (including airfare, lodging, meals, fuel, rental car, parking, etc) shall be reimbursed at cost plus ten percent upon submittal of receipts. 1 Kodiak Road Trails System Master Plan July20,2009 Alto Plannin • + Desi • n An elo Plannin Grou. KCS Total Principal/ Sr Planner/ Document Public Public Landscape Project Senior Specialist/ Involvement Involvement Tasks Architect Manager Designer Planner Admin Asst Lead Associate Principal • 0.1 Project management 20.0 0.2 Team coordination/communication 20.0 16.0 20.0 0.3 Quail control 20.0 1.1 Pro'ect Kick-Off Meeting* 10.0 9.0 9.0 9.0 4.0 2.1 Create GIS basemap 1.0 4.0 2.2 Insert existin: KI8 data into basemap• 2.0 6.0 2.3 Develop protocol forvolunteer mappin: & assessm 1.0 4.0 4.0 2.4 Train volunteers on trail mapping & assessment protocol` 4.0 9.0 2.5 Support volunteers with trail mapping & assessment 8.0 2.6 Perform field visits of critical summer trail areas • 12.0 13.0 13.0 8.0 2.7 Perform field visits of critical winter trai I areas • 13.0 13.0 8.0 3.1 Inte:rate volunteer GPS track logs into basemap 4.0 50.0 3.2 Create draft Existing Conditions exhibits and report 2.0 8.0 12.0 2.0 4.0 3.3 Create final Existing Conditions exhibits and report per comme 4.0 6.0 1.0 4.1 Review existin: user survey infon on 2.0 4.2 Create draft Trail Mane :ement Ob'ectives 4.0 8.0 2.0 1.0 4.0 4.3 Create final Trail Management Objectives per comments 4.0 1.0 5.1 Create draft Design Guidelines 2.0 8.0 16.0 1.0 1.0 16.0 5.2 Create final Design Guidelines • er comments 4.0 8.0 1.0 6.1 Analyze existing trail system for se rvice :a •s 1.0 4.0 4.0 4.0 6.2 Identify potential trail alignments 1.0 4.0 4.0 4.0 6.3 Field-verify potential trail ali :nments 8.0 6.4 Create draft Opportunities and Constraints exhibit 2.0 4.0 8.0 3.0 6.5 Create final 0. portunities and Constraints exhibit per commen . 2.0 4.0 7.1 Provide potential solutions to private property issue 8.0 8.0 1.0 7.2 Prepare for and meet with private property stakehol . 28.0 18.0 8.1 Develop "toolbox" for solutions to user conflict 2.0 10.0 20.0 2.0 2.0 9.1 ldentl new construction and maintenance •ro'ects 2.0 4.0 4.0 9.2 Develo• priori and •hasin: •Ian 2.0 4.0 2.0 - -- 2.0 9.3 Develop planning -level cost estimate 2.0 4.0 - - - -- 4.0 9.4 Create draft recommendations for implementation 1.0 5.0 6.0 4.0 9.5 10.1 Create final recommendations for implementation • Develo• draft User Guide 4.0 4.0 8.0 4.0 20.0 4.0 4.0 2.0 2.0 - - -- 11.1 12-1 13.1 14.1 Develo• final User Guide • 1.0 Attend three P&R Committee mtgs (indudin:•re • and mobiliza Prepare for and attend two community -wide meetings Prepare for and attend one day's worth of meetings Develop and distribute questionnaires and surveys 4.0 34.0 10.0 8.0 2.0 10.0 _ 2.0 -- 2.0 - 20.0 10.0 - 10. 8.0 6.0 -- 9.0 14.2 15.1 Prepare content for up to four updates /announcements Develop project website and review with client 2.0 2.0 1.0 6.0 2.0 10.0 15.2 Update projectwebsite with materials 4.0 25.0 4.0 6.0 12.0 15.3 Host project website for six months after project completion 6.0 Tota l Hours 105.0 273.0 78.0 195.0 43.0 125.0 50.0 104.0 Hourly Rate $ 150 $ 95 $ 85 $ 70 $ 55 $ 126 $ 80 $ 135 Total Labor Cost $ 15,750 $ 25,935 $ 6,630 $ 13,650 $ 2,365 $ 15,750 $ 4,000 $ 14,040 $ 98,120 Direct Costs (excluding travel- related expenses) -- - - - - -- $ 4,893 TOTAL ' ___ -_ - -- $ 103,013 Travel- related expenses - _ -_ - - -- cost+ 10% Contingency (10%oflaborcost) -- -__ - -- $ 9,812 " includes mobilization time Note: due to the comprehensive nature of this effort, the consultant reserves the right to move hours between tasks in order to best complete the project. Firms submitting responses to the Kodiak Road Svstem Trails Master Plan RFP • URS (Anchorage, WA) • Skookum Peak (Bellingham, WA) • Makers Architects & Urban Design (Seattle, WA) • Wyss and Assoc. (Rapid City, SD) • Alta Planning and Design (Portland, OR) • Land Design North (Anchorage, AK) • USKH (Fairbanks, AK) • DOWL (Anchorage, AK) Firms Interviewed • Alta Planning and Design • Land Design North • USKH Firm Selected • Alta Planning and Design KODIAK ROAD SYSTEM TRAILS MASTER PLAN Members Present Absent Excused Others Present Mike Sirofchuck X Bud Cassidy (teleconferenced) Pam Foreman X Community Development Dept. Hans Tschersich X Sheila Smith Kevin Foster X Community Development Dept. Jeff Huntley X Patrick Saltonstall X Andy Schroeder X Rick Lindholm X Vacant XXXX q ilo ,,,, X PARKS & RECREATION COMMITTEE REGULAR MEETING MAY 12, 2009 MINUTES CALL TO ORDER CHAIR SIROFCHUCK called to order the May 12, 2009 Parks & Recreation meeting at 7:10 p.m. ROLL CALL COMMITTEE MEMBER SALTONSTALL MOVED to excuse COMMITTEE MEMBER LINDHOLM. Voice vote on motion CARRIED unanimously. APPROVAL OF AGENDA VICE CHAIR FOREMAN MOVED to approve the agenda. Voice vote on motion CARRIED unanimously. MINUTES OF PREVIOUS MEETINGS There were no minutes. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. OLD BUSINESS There was no old business. NEW BUSINESS A) Trails Master Plan Interview — Alta — 7:00 p.m. Introductions were made and representing Alta are George Hudson, Matt Hastie, Chris Bernhart, and Chris Lynch. The presentation and interview proceeded. B) Decide on a Consultant After much discussion of each of the firms interviewed and their ratings the committee narrowed them down to two firms. The committee decided on a firm for selection. COMMITTEE MEMBER FOSTER MOVED to recommend Alta as the firm to do the Kodiak Island Trails Master Plan and forward to the Planning & Zoning Commission with a recommendation to approve. More committee discussion. Roll call vote on motion CARRIED unanimously. COMMUNICATIONS A) Case 09 -019. Koniag COMMITTEE MEMBER SALTONSTALL said he is no longer concerned about this case. REPORTS AUDIENCE COMMENTS COMMITTEE MEMBER'S COMMENTS CHAIR SIROFCHUCK stated there are concerns in the community regarding Mill Bay Beach and the activities occurring there recently - vandalism, destruction, and such that he would like to address at the May 26 meeting. There will some community folks that will probably come. VICE CHAIR FOREMAN stated she may or may not be at the May 26 meeting, and said it depends on how quick everything is moved off the midway. COMMITTEE MEMBER SALTONSTALL said he will be at the May 26 meeting. CHAIR SIROFCHUCK said he will be at the May 20 P&R meeting and encouraged other member to attend in support the Trails Plan recommendation. Casey Janz expressed that the process is so important and she liked how the committee worked through that process. COMMITTEE MEMBER SCHROEDER said we could be more process oriented and to decide in advance ADJOURNMENT CHAIR SIROFCHUCK adjourned the meeting at 9:40 p.m. ATTEST By: 12. Qr Q rnd Sheila Smith, Secretary Community Development Dept. DATE APPROVED: May 26, 2009 TITLE: SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 6, 2009 REGULAR MEETING ITEM NO: 13.A.3 Contract No. FY2010 -14 Kodiak Area Schools Mechanical, Electrical, and Plumbing Seismic Upgrades. Kodiak Island Borough Code 3.16.020 "Limitation on Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. This contract is for the Kodiak Area Schools Mechanical, Electrical, and Plumbing Seismic Upgrades as shown on construction documents prepared by Jensen Yorba Lott, Inc. The Construction Documents, Bid Documents, and associated Addenda are available for review. The project is to be funded in part by a FEMA HMGP Grant in the amount of $132,249 and other funds to be determined. Bids were received in response to KIB's Invitation to Bid dated June 26, 2009. Parkhurst Mechanical, LLC. was the low bidder for the project. A bid tabulation is attached. FISCAL NOTES: Account No.: 430 - 529 452 - 150 08011 6 Amount Budgeted: $183,298 Expenditure Required: $ 51,049 APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2010 -14 with Parkhurst Mechanical, LLC for the Kodiak Area Schools Mechanical, Electrical, and Plumbing Seismic Upgrades in an Amount Not to Exceed $127,340. Form Ver. 06/30/2009 Non Structural MEP Bracing Parkhurst Mechanical Bid 08011 PROJECT BUDGET Sub Acct 1 CM (by Consultant) 3.00% $ 3,820 2 CM (In House) 3.00% $ 3,820 3 Land Purchase 0.00% $ 0 4 Site Investigation (Material Testing) 1.00% $ 1,273 5 Design Services 29.44% $ 37,494 6 Construction Cost 100.00% LS $ 127,340 7 Equipment 0.00% $ 0 8 Technology 0.00% $ 0 9 Administrative 2.50% $ 3,184 10 Art 0.00% $ 0 11 Project Contingency 5.00% $ 6,367 Total 143.9% $ 183,298 PROJECT FUNDING 1663.0002 FEMA HMGP Grant Budget Deficit 7/24/2009 $ 127,340 $ 132,249 $ 51,049 Little Susitna $ 258,868 $ 258,868 Diff (Low) $ 131,528 $ 131,528 % Diff (Low) 203.29% 203.29% % Of Est 237% Wolverine $ 747,000 $ 747,000 Diff (Low) $ 619,660 $ 619,660 % Diff (Low) 586.62% 586.62% % Of Est 685% Tundra Plumbing $ 249,500 $ 249,500 Diff (Low) $ 122,160 $ 122,160 % Diff (Low) 95.93% 95.93% % Of Est 229% Parkhurst Mech. $ 127,340 BASE BID Total No. GENERAL CONTRACTOR (Base + Alt's) Parkhurst Mech. $ 127,340 $ 127,340 Of Est 117% Kodiak Schools MEP Seismic Upgrades Bid Tabulation Bid Opening: 7/21/09 3:30 PM 1 Estimate 1 $ 109,063 1$ 109,063 I Init. AIA Document A101' - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Twenty -fourth day of July in the year Two Thousand Nine (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) Kodiak Island Borough, Municipality Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska, 99615 and the Contractor: (Name, address and other information) Tom Parkhurst Parkhurst Mechanical, LLC P.O. Box 30 Willow, Alaska, 99688 for the following Project: (Name, location and detailed description) Kodiak Island Borough School District Seismic Restraint Kodiak Island, Alaska Seismic Upgrades to mechanical systems district wide. The Architect: (Name, address and other information) Jensen Yorba Lott Inc., General Corporation 522 W. 10th St. Telephone Number: 907 586 1070 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM -2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A101 TM - 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:48:45 on 07/24/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (1373136720) 1 Init. / TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work) AIA Document A101 TM - 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:48:45 on 07/24/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (1373136720) Init. 1 The Contractor shall achieve Substantial Completion of the entire Work not later than October 31, 2009. Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work) Liquidated damages will be assessed at a rate of $1,000 per day for each day of delay beyond the contractual date of substantial completion. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Hundred Twenty -seven Thousand Three Hundred Forty Dollars and Zero Cents ($ 127,340.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Price Units and Limitations Price Per Unit ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the First day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the Thirtieth day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract AIA Document A101 m — 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:48:45 on 07/24/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (1373136720) Init. Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 10.00% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201Tm-2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10.00% ); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201 -2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201 -2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (!fit is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 -2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: AIA Document A101 TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:48:45 on 07/24/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (1373136720) Init. ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 -2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 [ X ] Litigation in a court of competent jurisdiction [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201 -2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) 10.50% per annum § 8.3 The Owner's representative: (Name, address and other information) Rick Gifford Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska, 99615 § 8.4 The Contractor's representative: (Name, address and other information) AIA Document A101 n - 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:48:45 on 07/24/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (1373136720) Init. § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101 -2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201 -2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document As contained in the Project Manual Dated JUne 26, 2009 § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section As contained in the Project Manual dated June 26, 2009 § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Date Pages § 9.1.6 The Addenda, if any: Title Title Date Pages Number Title Date As listed in the Project Manual dated June 26, 2009 Number Date Pages one 7/17/2009 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E201TM -2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: AIA Document A101 TM - 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:48:45 on 07/24/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (1373136720) Init. .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201 -2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201 -2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201- 2007.) Type of insurance or bond Performance Bond payment Bond This Agreement entered into as of the day and year first written above. OWNER (Signature) CONTRACTOR (Signature) Rick Gifford, K1B Manager (Printed name and title) Limit of liability or bond amount ($ 0.00) $127,340.00 $127,340.00 (Printed name and title) AIA Document A101 — 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. AU rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:48:45 on 07/24/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (1373136720) Additions and Deletions Report for AIA Document A 101 — 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 14:48:45 on 07/24/2009. PAGE 1 AGREEMENT made as of the Twenty -fourth day of July in the year Two Thousand Nine Kodiak Island Borough, Municipality Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska, 99615 Tom Parkhurst Parkhurst Mechanical, LLC P.O. Box 30 Willow, Alaska, 99688 Kodiak Island Borough School District Seismic Restraint Kodiak Island, Alaska Seismic Upgrades to mechanical systems district wide. Jensen Yorba Lott Inc., General Corporation 522 W. 10th St. Telephone Number: 907 586 1070 PAGE 3 The Contractor shall achieve Substantial Completion of the entire Work not later than October 31, 2009. Liquidated damages will be assessed at a rate of $1,000 per day for each day of delay beyond the contractual date of substantial completion. § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Hundred Twenty -seven Thousand Three Hundred Forty Dollars and Zero Cents ($ 127,340.00 ), subject to additions and deductions as provided in the Contract Documents. Additions and Deletions Report for AIA Document A101 TM - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:48:45 on 07/24/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (1373136720) § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the First day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the Thirtieth day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Architect receives the Application for Payment. PAGE 4 PAGE 5 .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 10.00% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201 TM -2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10.00% ); [ X ] Litigation in a court of competent jurisdiction 10.50% per annum Rick Gifford Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska, 99615 PAGE 6 As contained in the Project Manual Dated JUne 26, 2009 As contained in the Project Manual dated June 26, 2009 As listed in the Project Manual dated June 26, 2009 one 7/17/2009 1 Additions and Deletions Report for AIA Document Al01 *" — 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:48:45 on 07/24/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (1373136720) PAGE 7 Performance Bond payment Bond Rick Gifford, MB Manager $127,340.00 $127,340.00 Addftions and Deletions Report for AIA Document A101 TM - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:48:45 on 07/24/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (1373136720) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, Antonio V. Yorba, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 14:48:45 on 07/24/2009 under Order No. 1000395312_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document A101TM — 2007 - Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document 13401 *" — 2003. Copyright ®1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:48:45 on 07/24/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (1373136720) TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 6, 2009 REGULAR MEETING ITEM NO: 13.C.1 Ordinance No. FY2010 -05 Amending Kodiak Island Borough Code Title 3 Revenue and Finance Chapter 3.05 Fiscal Policy Section 3.05.030 Debt Policies SUMMARY: This ordinance updates the debt policies of the Borough. The Borough has a very conservative debt policy and in many ways it makes sense to not have it so restrictive. There are a couple of reasons for this. 1. The State of Alaska generally reimburses the Borough for 60 to 70% of our debt. 2. Under GASB (Governmental Accounting Standards Board) this State reimbursement is not considered in the net bonded debt calculation but is a very real commodity. 3. General Fund expenditures make up a very small percentage of total Borough revenues. 4. The financial stability of the Borough is further enhanced by the Facilities Fund which did not exist when these policies were adopted. This ordinance would change the net debt as a percentage of the estimated market value of taxable property from five percent to fifteen percent. The ICMA (International City /County Management Association) in their publication "Evaluating Financial Condition" recommend that a government's net debt should not exceed 10 percent. What is left out of this formula is the large amount of State reimbursement for our debt. This ordinance would remove the paragraph stating: "The ratio of debt service expenditures as a percent of governmental fund expenditures should not exceed 20 percent ". Generally the ratio is for debt service expenditures compared to governmental revenues. The general fund in the Borough is a very small part of our total operations. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2010 -05 in first reading to advance to public hearing at the next meeting of the Assembly. Form Ver. 06/30/2009 1 2 3 4 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2010 -05 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 AMENDING KODIAK ISLAND BOROUGH CODE TITLE 3 REVENUE AND FINANCE 11 CHAPTER 3.05 FISCAL POLICY SECTION 3.05.030 DEBT POLICIES 12 13 WHEREAS, the financial policies of the Kodiak Island Borough were adopted in 1990 and are 14 very conservative; and 15 16 WHEREAS, the State of Alaska generally reimburses the Borough for 60 to 70 percent of our 17 debt; and 18 19 WHEREAS, under GASB (Governmental Accounting Standards Board) this State 20 reimbursement is not considered in the net bonded debt calculation; and 21 22 WHEREAS, General Fund expenditures make up a very small percentage of total Borough 23 revenues; and 24 25 WHEREAS, the financial stability of the Borough is further enhanced by the Facilities Fund 26 which did not exist when these policies were adopted; 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH THAT: 30 31 Section 1: This ordinance is of a general and permanent nature and shall become a part of 32 the Kodiak Island Borough Code of Ordinances. 33 34 Section 2: Title 3 Revenue and Finance Chapter 3.05 Fiscal Policy Section 3.05.030 Debt 35 Policies of the Kodiak Island Borough Code is hereby amended as follows: 36 37 38 39 40 41 42 43 44 45 46 47 3.05.030 Debt policies. The borough will not fund current operations from the proceeds of borrowed funds. The borough will confine Tong -term borrowing to funding of capital improvements or projects that cannot be financed from current revenues. When the borough finances capital projects by issuing bonds, it will repay the debt within a period not to exceed the expected useful life of the project so constructed. Target debt ratios will be annually calculated and included in the review of financial trends. Net debt as a percentage of the estimated market value of taxable property should not exceed five fifteen percent. Kodiak Island Borough, Alaska Introduced by: Borough Manager Requested by: Borough Assembly Drafted by: Finance Director Introduced: 08/06/2009 Public Hearing: Adopted: Ordinance No. FY2010 -05 Page 1 of 2 48 The borough recognizes the importance of underlying and overlapping debt in analyzing 49 financial condition. The borough will regularly analyze indebtedness including underlying and 50 overlapping debt. 51 The borough will maintain good communications about its financial condition with bond and 52 credit institutions. 53 The borough will follow a policy of full disclosure in every annual financial statement and bond 54 official statement. 55 The borough will avoid borrowing on tax anticipation and maintain an adequate fund balance. 56 57 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 58 THIS DAY OF 2009 59 60 61 KODIAK ISLAND BOROUGH 62 63 64 65 Jerome M. Selby, Borough Mayor 66 67 ATTEST: 68 69 70 71 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2010 -05 Page 2 of 2 APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 6, 2009 REGULAR MEETING TITLE: Declaring a Seat on the Solid Waste Advisory Board Vacant. SUMMARY: ITEM NO: 13.D.1 Mr. Rick Pillans verbally advised the Clerk's Office on July 14, 2009 of his resignation from the Solid Waste Advisory Board. 2.100.070 Vacancies. A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. RECOMMENDED MOTION: Move to accept, with regret, the resignation of Mr. Rick Pillans for a term to expire December 31, 2009 from the Solid Waste Advisory Board and direct the Borough Clerk to advertise the vacancy per Borough Code. Jessica Kilborn From: Nova Javier Sent: Tuesday, July 14, 2009 3:01 PM To: Jessica Kilborn Subject: RE: Rick Pillans resignation This should be sufficient. Thank you, Nova Nova M. Javier, MMC Borough Clerk PUBLIC RECORDS LAW DISCLOSURE: This e -mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Jessica Kilborn Sent: Tuesday, July 14, 2009 1:36 PM To: Nova Javier Subject: Rick Pillans resignation Hi Nova, Rick Pillans called this afternoon at 1:32 to declare his resignation from SWAB. Apparently he sent paperwork to our office which we didn't receive. He asked if his phone call today would stand as official notification. I told him I would check with you although normally we require written notification. He does not have internet /email access but can be reached at 486 -2849 if there are any concerns regarding his resignation. Jess Jessica 1<iliorn Assistant Clerk Kodiak Island Borough (907) 486 -9310 fax (907) 486 -9391 jkilborn@kodiakak.us PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. 1 TITLE: Vacation in Accordance With KIBC 16.40 and KIBC 16.60 of a 10 -Foot Wide Utility Easement Over Lot 1A, U.S. Survey 3466 (Originally Created by Plat 80 -22) and the Vacation of a Portion of a Driveway and Utility Easement Located Over a Portion of the Same Lot. (Case S09 -021) SUMMARY: The petitioner is requesting the vacation of a ten (10) foot utility easement located on a portion of land that was acquired from the borough last year. The easement is located in an area where the petitioner is planning to build a residential addition. In addition, a portion of driveway and utility easement is also to be vacated which is no longer necessary to serve the petitioner's lot now that they have acquired the portion of land from the borough on which the portion of easement is located. The Commission at their July 15, 2009 regular meeting agreed with the request to vacate the easements as requested and herby recommends approval to the Assembly based on the following Conditions of Approval: 1. The vacation shall be reviewed and approved by the Assembly prior to the granting of final plat approval. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to approve the vacation of a 10 -foot wide utility easement over Lot 1A, U.S. Survey 3466 (originally created by Plat 80 -22) and the vacation of a portion of a driveway and utility easement located over a portion of the same lot. Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 6, 2009 REGULAR MEETING ITEM NO: 13.D.2 Robert & Earlene Berg PO Box 359 Kodiak, AK 99615 Dear Mr. & Mrs. Berg: Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us July 16, 2009 Re: Case S09 -021. Request a vacation, according to KIBC 16.60, of a portion of a 10 foot wide utility easement over Lot 1A, U.S. Survey 3466 (originally created by Plat 80 -22) and the vacation of a portion of a driveway and utility easement located over a portion of the same lot. The Kodiak Island Borough Planning and Zoning Commission at their meeting on July 15, 2009 moved to grant approval, according to KIBC 16.60, of a vacation of a 10 foot wide utility easement on Lot 1A, U.S. Survey 3466, and to vacate a portion of a driveway and utility easement on the same lot, subject to a condition of approval and to forward the request, recommending approval, to the Borough Assembly, and granting preliminary approval, according to KIBC 16.40, of a replat depicting the vacation of a 10 foot wide utility easement and a portion of a driveway and utility easement located on Lot 1A, U.S. Survey 3466. The approval is subject to the conditions of approval, as well as the requirements of Chapter 16.50 (Final Plat) of the Borough code:, CONDITION OF APPROVAL 1. The vacation shall be reviewed and approved by the Assembly prior to the granting of fmal plat approval. The Assembly has 30 days in which to review your request and approve or veto the decision. For more information you may call the Clerk's Office at 486 -9310. Should this request be approved, please instruct your surveyor to complete the final plat and submit it to this office for fmal review. We suggest the use of a final "check plat" for this purpose. Once the check plat has been reviewed and approved it is your responsibility to obtain all the signatures required on the plat prior to submitting to the Kodiak Island Borough for recording. A current certificate to plat from a licensed title company should accompany the final plat. The approval of this preliminary plat shall be effective for twenty -four (24) months from the date of approval, notwithstanding the provisions of any subsequent change in the subdivision ordinance, zoning ordinance or zoning districts. After this time, the preliminary plat shall become null and void unless an extension of time is granted, at the request of the subdivider, by the commission prior to the expiration of the preliminary plat. A time extension will only be granted if a re- evaluation of the preliminary plat indicates that conditions are substantially the same as when the preliminary plat was originally approved. Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not necessarily mean that development of the property complies with State and federal regulations, which may also be applicable. APPEAL RIGHTS KIBC 16.90.020 A written decision of the commission granting or denying approval of a plat or a waiver from the requirements may be appealed by: A. The applicant; or B. Any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the commission. KIBC 16.90.030 A. A decision of the commission is final unless an appeal of the decision is made within 10 working days after the decision by the commission to the assembly. B. An appeal is commenced by filing with the clerk a written notice of appeal, specifically stating the reasons for the appeal and the relief sought, and payment of the appropriate fee. Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final. The Planning and Zoning Commission adopted the following finding of fact in support of their decision: FINDINGS OF FACT 1. This plat meets the minimum standards of survey and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. If you have any questions about the action of the Commission, please feel free to contact the Community Development Department at 486 -9363. Sincerely, Sheila Smith, Secretary Community Development Dept. CC: Horizon Land Surveying Borough Clerk Current Location Agenda Item # VI -D P & Z Case # S09 -021 Berg Preliminary approval of a vacation, according to KIBC 16.40 and 16.60, of a 10 foot wide utility easement and a portion of a driveway and utility easement on a portion of Lot 1A, U.S. Survey 3466. W E 0 700 1,400 Feet 1 1 1 1 1 Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. pnR LIMO wY kW-AM 7NM AT 4 0 sP fi zz N a u _/ v // J� / N elms„'_ ."w / / r ,V .. V TA. cow, Yaif ./ /) 1i. .6 ) _ , ,. 9 Cosuds M-/a; CkwN -r) r,+/ SO TS. I hanky Carhfy 1/sat, accord/., f. Mc records of /h. /fod;ak /./and Borough, a// /ass. risk* s.d.M due 0g./nat amid Nod and ,h Sonar of f3,. fr.d er g3, pro pord 0.tad at /fodwk,.44ss*a, WI:a -day of [s,ALAV,G..89vA64 Kodiak /,/and dmro6,h P1*oo ng mod Lenin, C.m,n.,6on. R004 /u.d Approvd This i. ro cartety /ha w/ /3dn plat % d✓ /y .ppro.ad /h rcoc.d.ncpe wi hbdi k Wand Ooro..9h kaumciaa/ C da .0693, M.n.g.r ■orc.,yh Clark Dm ap, : °i n/ O.,.e «/4/34.4 NNr erw.gh Clark OWy rr.wio , F{pyy yaw ft.n ca.f/fy that ..a n rho Drano at tna ranamerry show. sraf d..an644 ha..an. aa ha/soy ..pout approval of f3,/. plat. m�,resa Date G4 a �..�� dare Dale Aarwtav nc.IC lvoyyyk_p A 306..rr6.4 rnd . n b 60b.. Mr� i ._diy el , so ., 964407 /6.d and 403404 04 bOAv. rya M/. . _ day of 40 a..iyaa a. Area ) My co on/....n ..p.... .7.6..Nh.a and aMbn A. Mites ,n. f/4 _.day < CA' 4tAO'a 0WA.ef 43,0mf, CaaO) M mararrommos .,perea a6.06r.bsC and ar. n /0 /40! 03* .M In6� . awl at .t: LEE - 0gewgyoRra 0GRT{ELrC.IAf l ha cotf/fy Mat /.m pop6r /y yYA.a ore r• ,.d eo porch/. land ..rn.r /h /M 3/376 at //rch* .rd /twt . Mar r.p.6..nr, . 4., 04.0 Ay n .n✓.r 0..7.,,.40 a6p.rdr..n, and Mat rho m.o,.,.nb art ma 00/6143/ .0 aMwn, one deaf all dma a,rd 4Mw 037,/4 Mg�aNrcd Lr•ay 7.,. R.g...f.rhw rA.n6ar 3777 pKM_fiLD FOR• WOec,QT.rd GRL*Qf 88 R O. 0a,t 3551. Alvan" . A/a.kd 449/4/ - e•.aso M ..r••..,•,.n .4__. • SIT Sift WO. era Nat ALLIM 44. 5743•00 ro /./0r.✓t canyd • t.wo 4434 • ate.. a3r.. / -/./ Atur w & mood* 444s5 Ca. set .. 3/.34/057/ v■CA50M - tf . LOT /A• 9, 4a JURVKY J4G3. 'MAP' tor / , U. 3.01.A0OViY 946C LOT /A -3A U9 ✓EY54G 5 LOT /A, U,SSUR 3466 RIMIN K00144( RGCOROING DISTRICT 1(004*/ ALASKA � Os LN• fMY{f6y AML YNW M. 540 fa May 7.009 'krau !9/4334 Caw, . 40 feat RR, 4/057456 MEMORANDUM DATE: July 8, 2009 TO: Planning and Zoning Commission FROM: Bud Cassidy, Community Development Department SUBJ: Information for the July 15, 2009 Regular Meeting CASE: S09 -021 APPLICANT: Robert and Earlene Berg AGENT: Horizon Surveying REQUEST: Preliminary approval of a vacation, according to KIBC 16.40 and KIBC 16.60, of a 10 foot wide utility easement over Lot 1A, U.S. Survey 3466 (originally created by Plat 80 -22) and the vacation of a portion of a driveway and utility easement located over a portion of the same lot. LOCATION: Beyond the end of Scout Circle ZONING: RR1 -Rural Residential One Fifteen (15) public hearing notices were mailed on June 15, 2009. Date of site visit: Various 1. Minimum lot size: 20,000 (with public W & S) Compliance: Yes 2. Minimum lot width: RR1 —80 feet Compliance: Yes 3. Existing land uses: Residential Compliance: Yes 4. Existing structure(s) on the property: Yes Compliance with setbacks: Yes Case S09-021/Staff Report Public Hearing Item VI -D Page 1 of 4 P & Z: July 15, 2009 Compliance with other zoning regulations: Encroachments: 5. Topography: Provides good building sites: Provides good parking areas: Allows driveway construction to meet maximum slope requirement: Case S09- 021 /Staff Report Public Hearing Item VI -D Yes No Yes Yes Yes 6. Physical Features: Wetlands, streams, drainage courses: No Need for driveway /access restrictions: No Adequate line of sight: Yes Adequate access for additional traffic volume: Yes Adequate access from a safety standpoint: Yes Neighborhood character: Rural Residential/Open Space/ Lake Frontage Double frontage lots: No Flag lots: No Adequate access for fire apparatus: Yes Utility installation meets Title 13: Yes Common wall or zero -lot line: No Frontage on dedicated public right -of -way: No, but access easement Other road and utility improvements required before final approval: No 7. Existing Plat Restrictions: No Compliance: Not Applicable Page 2 of 4 P & Z: July 15, 2009 COASTAL MANAGEMENT APPLICABLE POLICIES The Coastal Management Plan does not apply to the vacation of utility and access easements. COMMENTS The purpose of this request is to eliminate two utility easements that were not addressed in prior subdivision reviews. In the case of the 10 foot wide easement, the easement was applied generally to the perimeter of the adjoining borough parcel from which a small 6,000 square foot wedge of land was disposed to the private property owner. Unfortunately the easement was not easily discerned and dealt with at that time and now poses an obstacle to the property owners development plans. In the case of the driveway and utility easement, staff believed that the easement would automatically release through the "merger" of ownership between the easement rights and the ownership of the underlying fee. In this case however, it is now believed that it would be better to err on the side of discretion to ensure that no more impediments to development are allowed to delay the property owner's development plans. Because the vacation plat is submitted in substantial plat form, staff is recommending preliminary plat approval as well as the approval of the vacations. The vacations must be sent to the borough Assembly for a final review before the final plat can be approved, however the granting of preliminary approval will eliminate the need for further plat review by the Commission and the subdivider can go directly to the final plat procedure. REVIEW AGENCY COMMENTS Kodiak Electric Association: No Comments ACS Inc.: No Response State of Alaska Department of Transportation: No Response MB Department of Facilities and Engineering: No Response City of Kodiak Public Works: No Response Case S09-021/Staff Report Public Hearing Item VI -D Page 3 of 4 P & Z: July 15, 2009 CONDITIONS OF APPROVAL CONDITIONS OF APPROVAL None FINDINGS OF FACT Case S09-021/Staff Report RECOMMENDATION Staff recommends approval of this request. APPROPRIATE MOTIONS Public Hearing Item VI -D Move to grant approval, according to KIBC 16.60, of the vacation of a 10 foot wide utility easement on Lot 1A, U.S. Survey 3466, and to vacate a portion of a driveway and utility easement on the same lot, subject to a condition of approval requiring the review of said vacations by the Kodiak Island Borough Assembly. 1. The vacation shall be reviewed and approved by the Assembly prior to the granting of final plat approval. Move to grant preliminary approval according to KIBC 16.40, of a replat depicting the vacation of a 10 foot wide utility easement and a portion of a driveway and utility easement located on Lot 1A, U.S. Survey 3466. 1. This plat meets the minimum standards of survey and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. Page 4 of 4 P & Z: July 15, 2009 APPLICANT INFORMATION Applicant's name: B £ Applicant's mailing address: Ear —7. f City: ,ei,Q r . Home phone: 9114 st-k `i 4 If applicable, agent's /surveyor's name: Agent's /surveyor's mailing address: City: 1 Home phone: SUBDIVISION APPLICATION KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD, KODIAK, ALASKA 99615 - (907) 486 -9363 State: d7f" . Work phone: Work phone: PROPERTY INFORMATION Property ID Number /s: Current legal description: Z ' r - .65 /4 / U- 5. 5 1/4 f i 4.4_77 �.�i ✓t �✓ —f- Gc. -t-r /� ..J � � Proposed legal description: Ze2 (4 a_ S. S„cv- STAFF USE ONLY FICR-44 FICP.SH Preliminary plat (up ii12. ts) KJ13M.40 Abbreviated plat Kftiell400 Sui;dvsn Vacation KIBC 16.60 P H 1 D Waiver KIBC 16.1.050 Application received by: )< Date: State: 4. ZIP: 94 9(4,-' 7E EX Paid in hill #44 Kodiak island Borough Kodiak Qu 99 ` Staff sigma ~334 Vsta N:\BOROUGH\Master Web Site \Community Development\Forms \Subdivision Application.DOC ZIP: 996/5 Subdivision Fees Payable in Cashier's Office Room # 104 Fee Schedule: (per MB Assembly Resolution Eff. July 1. 2005) Abbreviated Plat Preliminary Plat Vacation Waiver ao9 -o2( $300.00 $350.0 $75.00 7/13/2005 June 26, 2009 Sheila Smith, Secretary Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Ms. Smith: Following are comments on the plat sent to us for review under your cover letter dated June 19, 2009: Case S09 - 021. Request a vacation of a portion of a 10 foot wide utility easement over Lot 1A, U.S. survey 3466 and the vacation of a portion of a driveway and utility easement located over a portion of the same lot. No comment. Thanks for the opportunity to comment. Sincerely, Jim Devlin Engineering Manager Kib 062609.wpd 12V0013113 600Z 6Z Hfl L. 51Tp a X11 This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 - 478 -5736. One week prior to the regular meeting, on Wednesday, July 8, 2009, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on thi request. If ou have any questions about the request or appeal rights, please feel free to call us at 486 -9363. A / 9t) Your Name: 4, ) ] � 1 I"0E / ailing Addres: )( 1-6„ Your property description. 5 � �-� ]` � 4-i_r Comments: ,-) [ , COMMUNITY DEVELOPMENT DE:PAN,M,_;k: I KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 15, 2009. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: Bob & Earlene Berg REQUEST: S09 - 021 A vacation, according to KIBC 16.60, of a portion of a 10 foot wide utility easement over Lot 1A, U.S. Survey 3466 (originally created by Plat 80 -22) and the vacation of a portion of a driveway and utility easement located over a portion of the same lot. LOCATION: Lot 1A, U.S. Survey 3466 ZONING: RR1 -Rural Residential One APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 6, 2009 REGULAR MEETING TITLE: Declaring a Seat on the Service Area No. 1 Board Vacant SUMMARY: ITEM NO: 13.D.3 Ms. Sharon Lea Adinolfi submitted the attached letter of resignation from the Service Area No. 1 Board on July 24, 2009, for a term to expire October 2011. 2.100.070 Vacancies. A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. RECOMMENDED MOTION: Move to accept, with regret, the resignation of Ms. Sharon Lea Adinolfi for a term to expire October 2011 from the Service Area No. 1 Board and direct the Borough Clerk to advertise the vacancy per Borough Code. 2 e c) ?4-4 024/)Y A-e•ae cl zze JUL 2 . 2009 LAI-- --/Gec---frii,71 7 /0,1/ - Ufir,d 7 ,-,OrV igeLi J r\L StiH CJ, Anc &thltan Jesse LcCi'id 5(ocisaills(-e-tivsori KiloK \A/RrKIP( i5C/1 Ski In I 144`r?- e3.0,A.Z1),6c 141 GILL rP,c vv�'�u r� ¢ma HC (tilk s i-e„, s , KODIAK ISLAND BOROUGH ASSEMBLY MEETING (i/ , A) Regular Meeting of: Please PRINT your name Please PRINT your name DATE: August 6, 2009 TO: Borough Mayor and Assembly THRU: Rick Gifford, Manager ll Woody Koning, E/F Director FROM: en Smith, Project Manager RE: Projects Status Report CURRENT PROJECTS STATUS: Z:\Admin\Bond Project Status\Project Status Report 090806.docx KODIAK ISLAND BOROUGH ENGINEERING/FACILITIES DEPARTMENT 710 Mill Bay Road Kodiak, AK 99615 (907) 486 -9341 Phone (907) 486 -9394 Fax ksmith@kodiakak.us MEMORANDUM 1 a NEW KODIAK POOL Janssen Contracting is currently approx 92% complete. Tile work is finally nearing completion. Glazers are completing trim out of interior and exterior storefront windows. Interior painting and mechanical and electrical trim out are complete. Siding and roofing are very near complete with only some minor trim remaining. Curb, gutter and sidewalks are also very near complete. The final concrete pour is scheduled for tomorrow morning. Landscaping is complete and paving is scheduled for next week. Filling the pool is scheduled to start on Tuesday. Pool filters, saline system and UV treatment equipment have been relocated from the old pool and are currently being installed. The next two weeks will be very hectic with workers stacked on top of each other to meet the substantial completion date which is scheduled for 8/21. The first officially scheduled swimmers should dive in the new pool on 8/22. Commissioning, training and final punch list items are scheduled to be complete by 9/15. KODIAK MIDDLE SCHOOL SEISMIC UPGRADE Phase IIA of the Middle School Seismic Upgrade was completed last summer. Phase IIB includes the remainder of the 2 story portion excluding the gymnasium. Brechan began work June 1 and is scheduled to be completed August 15. OUZINKIE GYM RENOVATION AND SEISMIC UPGRADE The mechanical, electrical and control contractors will be on site Aug 10 to perform final testing and sign off of mechanical and electrical fire safety systems. An exterior sprinkler loop was accidentally activated last weekend by a juvenile with a well placed shot with an "air soft" pellet gun. The head needs to be replaced and the system recharged. The remainder of the building is complete and has been turned over to the school district. CHC ADDITION TO PKIMC Brechan Enterprises has completing the final punch list in preparation for the Architect's final closeout inspection scheduled for 8/27. USDA has identified concerns with the handicapped parking stalls in both the new and existing hospital parking lots. This did not delay final completion but will need to be addressed. BAYSIDE FIRE STATION ADDITION Dowland Construction is underway with the new addition to the existing fire station. The site has been excavated and backfilled to foundation grade. Installation of underground utilities is nearly complete. We finally received drawings from the metal building manufacturer. Foundation drawings will be finalized within the next few days and foundation installation can commence. The project is scheduled to be completed in late October 2009. EAST ELEMENTARY WINDOWS SEISMIC UPGRADE/HVAC UPGRADES Wolverine Construction has installed the windows. Asbestos abatement and demo is complete. The manufacture of the cabinet heat and ventilation units is behind schedule which may cause the project to be completed after the start of school. While there may some inconvenience, KIBSD will be able to supply temporary heat and occupy the building. MIS UNDERGROUND FUEL TANK REMOVAL AND REPLACEMENT Approximately 1,500 cubic yards of contaminated soil must be removed from stockpiles on site. Tellus, Inc has completed and submitted a work plan to ADEC for approval. If successful, this alternative should be much less costly than burning or disposing of the material off island. OLD HARBOR GYM ADDITION Wolverine Supply was awarded the contract and will begin work soon. Painting and sprinkler repair work in the main school will be completed this summer. The remaining work in the Gym will start this summer and be completed next summer. The school will retain use of the gym during the school year. OLD POOL ROOF AND VENTILATION UPGRADE Brechan Enterprises was awarded the contract for the roof and air handler replacement. Demolition of the old roof and air handler is nearly complete. This work is scheduled to be completed in September. WOODLAND ACRES PAVING Brechan Enterprises was the sole bidder on the project and a Contract in the amount of $2,082,925 was awarded. Work will begin this month with actual paving to begin September 4. Z•\Admin\Bond Project Status\Project Status Report 090806.docx 8. COMMITTEE REPORTS Kodiak Island Borough Assembly Regular Meeting Guidelines August 6, 2009, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly member Jeffrey who is out on 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. Summary of Consent Agenda Items: *Regular Meetings of June 4, 2009 and July 2, 2009, and Special Meetings of (1...._, June 25, 2009 and July 9, 2009. *Declaring a Seat on the Solid Waste Advisory Board Vacant. 1 [PLC i *Declaring a Seat on the Service Area No. 1 Board Vacant. Recommended motion: Move to approve the agenda and consent agenda as submitted. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meetings of June 4, 2009 and July 2, 2009, and Special Meetings of June 25, 2009 and July 9, 2009. 6. AWARDS AND PRESENTATIONS — None. 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Kodiak Island Borough Assembly Guidelines August 6, 2009 Page 1 �1f6(1ti ROLL CALL VOTE ON MOTION TO AMEND. /461)11' Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. akot Please ask speakers to sign in and state their name for the record. Wt.. p- Comments are limited to three minutes per speaker. C ,(,�,1��� Close public hearing. pert la Ass discussion and amendments may be offered at this time. v j ao ROLL CALL VOTE ON MAIN MOTION AS AMENDED. B. Ordinance No. FY2010 -04 Authorizing the Borough to Issue General Obligation / ,1( Bonds in the Principal Amount of Not to Exceed $12,500,000 to Finance the �`� Planning, Design, and Construction of Renewals and Replacements of Borough Facilities; and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 6, 2009 Regular Borough Election. 9. PUBLIC HEARING A. Ordinance No. FY2010 -03 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of not to Exceed $76,310,000 to Finance the Planning, Design, and Construction of School and Related Capital Improvements in the Borough Including Without Limitation the Reconstruction and Renovation of the Kodiak High School, and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 6, 2009 Regular Borough Election. Recommended motion: Move to adopt Ordinance No. FY2010 -03. Clerk's Note: Attached on III paper is a substituted version of Ordinance No. FY2010 -03. Copies are made available to the public. Staff report – Manager Gifford Recommended motion: Move to amend Ordinance No. FY2010 -03 by substitution. Recommended motion: Move to adopt Ordinance No. FY2010 -04. 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. Kodiak Island Borough August 6, 2009 Assembly Guidelines Page 2 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. Contracts 1. Amending the Motion Previously Adopted at the July 16, 2009 Regular Meeting on Contract No. FY2010 -01 Kodiak Island Borough Facilities Fuel Oil Delivery. Recommended motion: Move to amend the motion adopted at the July 16, 2009 regular meeting authorizing the manager to execute Contract No. FY2010 -01 with Petro Star, Inc of Kodiak, Alaska for a three year contract based on a margin FROM $.16 above the weekly average of the posted Seattle OPIS price TO $.25 above the weekly average of the posted Seattle OPIS price. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Contract No. FY2010 -13 Kodiak Road System Trails Master Plan. Recommended motion: Move to authorize the manager to execute contract No. FY2010 -13 with Alta Planning and Design of Portland, Oregon for the Kodiak Road System Trails Plan in the amount not to exceed $128,013. Clerks Note: At the Assembly Work Session of July 30, 2009, Assembly member Lynch noted she would be declaring a conflict of interest regarding this contract. Staff report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Contract No. FY2010 -14 Kodiak Schools Mechanical Electrical and Plumbing Equipment Seismic Upgrades. Recommended motion: Move to authorize the manager to execute contract No. FY2010 -14 with Parkhurst Mechanical, LLC for the Kodiak Area Schools Mechanical, Electrical, and Plumbing Seismic Upgrades in an amount not to exceed $127,340. Staff report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines August 6, 2009 Page 3 B. Resolutions — None. C. Ordinances for Introduction 1. Ordinance No. FY2010 -05 Amending Kodiak Island Borough Code Title 3 Revenue and Finance Chapter 3.05 Fiscal Policy Section 3.05.030 Debt Policies. Recommended motion: Move to adopt Ordinance No. FY2010 -05 in first reading to advance to public hearing at the next regular Assembly meeting. Clerk's note: Attached on paper is a corrected version of Ordinance No. FY2010 -05. Copies are made available to the public. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items 1. *Declaring a Seat on the Solid Waste Advisory Board Vacant. 2. Assembly Approval of a Vacation in Accordance With KIBC 16.40 and KIBC 16.60 to Allow a 10 -Foot Wide Utility Easement Over Lot 1A, U.S. Survey 3466 (Originally Created by Plat 80 -22) and the Vacation of a Portion of a Driveway and Utility Easement Located Over a Portion of the Same Lot. (Case S09 -021) Recommended motion: Move to approve the vacation of a 10 -foot wide utility easement over Lot 1A, U.S. Survey 3466 (originally created by Plat 80 -22) and the vacation of a portion of a driveway and utility easement located over a portion of the same lot. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 3. *Declaring a Seat on the Service Area No. 1 Board Vacant. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 15. ASSEMBLY MEMBER COMMENTS Kodiak Island Borough Assembly Guidelines August 6, 2009 Page 4 Announcements — Mayor Selby The Assembly will meet in a work session on Thursday, August 13, 2009 at 7:30 p.m. in the Borough Conference Room. The Assembly will hold a special meeting on Tuesday, August 18, 2009 at 7:30 p.m. in the Borough Assembly Chambers. The next regular meeting is scheduled on Thursday, August 20, 2009 at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines August 6, 2009 Page 5 BY: SECOND: 1 1 BY: SECOND: .1 P . 4 0 ECOND: 91/Pv BY: K SECOND: 0 4. olo Oi 00) Y: SECOND: , / X03 ! �o P YES NO YES NO YES NO YES NO YES NO Ms. Branson / Ms. Branson Ms. Branson Ms. Branson 7 Ms. Branson / Mr. Friend / Mr. Friend Mr. Friend Mr. Friend Mr. Friend Ms. Fulp Ms. Fulp Ms. Fulp Ms. Fulp / Ms. Fulp / Ms. Jeffrey Ms.- Js#rey Mer-Jeffr-ey --.. Mr. Kaplan / Mr. Kaplan Mr. Kaplan Mr. Kaplan / Mr. Kaplan / Ms. Lynch / Ms. Lynch Ms. Lynch Ms. Lynch / Ms. Lynch Ms. Stutes /. Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes r CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? TOTAL: /p TOTAL: TOTAL: /4 0 TOTAL: 60' 0 a — t TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is hree /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular Special Convened: 7;.30P.M KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: a Adjourned: ‘,am Regular Convened: Special KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: 13WD 9 Adjourned: 4 BY: ga --Fl SECOND: ( • Ms. Branson Mr. Friend Ms. Fulp Ms. Je Mr. Kaplan x Ms. Lynch M s. Stutes TOTAL: Mayor Selby YES 7 7 7 7 7 - f NO a BY: 4 1 t4 444 4 14 �SECOND: bul . I a 1 ° Ms. Branson Mr. Friend Ms. Fulp re Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby YES 7 7 7 7 NO BY: 44AlittA SECOND: frAAA-A 10 ao akti , 00k ° A ° ' Ms. Branson Mr. Friend Ms. Fulp rey Mr. Kaplan Ms. StutesS YES NO e • TOTAL: L5- Mayor Selby 0 Elkat SECOND: . 01S 4A BY: Ms. Branson Mr. Friend Ms. Fulp . e r Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby YES 7 NO CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOT . 0 The mayor may n o 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. BY: SECOND: 1 YES NO "lb4s,leffrer Ms. Branson Mr. Friend* , Ms. Fulp Mr. Kaplan Ms. Lynch 7 Ms. Stutes TOTAL: Mayor Selby 1 Regular ✓ Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: q‘lOg Adjourned: f. ��� /4/ BY: SECOND: 5A/1-4A o Ms. Branson Mr. Friend Ms. Fulp Ms. J Jeff re re ffre Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby YES NO Ms. Branson Mr. Friend Ms. Fulp Ms. Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby YES NO BY: SECOND: Ms. Branson Mr. Friend Ms. Fulp Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby YES NO BY: SECOND: Ms. Branson Mr. Friend Ms. Fulp Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby YES NO BY: SECOND: Ms. Branson Mr. Friend Ms. Fulp I.I,zleffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby YES 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. Y NO CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?