2009-09-03 Regular MeetingKodiak Island Borough
Assembly Regular Meeting Agenda
Thursday, September 3, 2009, 7:30 p.m., Assembly Chambers
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL OF AGENDA AND CONSENT AGENDA
All items listed with an asterisk ( *) are considered to be routine and non - controversial
by the Assembly and will be approved by one motion. There will be no separate
discussion of these items unless an Assembly member so requests, in which case the
item will be removed from the Consent Agenda and considered in its normal sequence
on the agenda.
APPROVAL OF MINUTES 1 03
A. *Kodiak Island Borough Regular Meeting of July 16, 2009 and Special Meeting of
It July 30, 2009.
6. AWARDS AND PRESENTATIONS
7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
A. Agenda Items Not Scheduled for Public Hearing and General Comments
8. COMMITTEE REPORTS
9. PUBLIC HEARING
A. Ordinance No. FY2010 -05 Amending Kodiak Island Borough Code Title 3 Revenue
and Finance Chapter 3.05 Fiscal Policy Section 3.05.030 Debt Policies.
10. BOROUGH MANAGER'S REPORT
11. MESSAGES FROM THE BOROUGH MAYOR
12. UNFINISHED BUSINESS - None
13. NEW BUSINESS
A. Contracts
1. Contract No. FY2010 -16 Cooperation Agreement Between the Kodiak Island
Borough and the Kodiak Island Housing Authority.
2. Contract No. FY2010 -17 Lease Agreement Between the Kodiak Island Borough
and Frontier Business Systems, Inc. for Two Bizhub C552 Imaging Systems.
B. Resolutions
1. *Resolution No. FY2010 -06 Adopting the Kodiak Area Coordinated
Transportation Plan.
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
PrI
2. Resolution No. FY2010 -07 Adopting a State Legislative Capital Improvement
Projects Priority List for the 2010 Legislative Session.
. *Resolution No. FY2010 -08 Appointing a Member to the Kodiak Fisheries
Development Association.
C. Ordinances for Introduction
None.
D. Other Items
None.
14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
15. ASSEMBLY MEMBERS' COMMENTS
16. ADJOURNMENT
17. INFORMATIONAL MATERIALS (No Action Required)
A. Minutes of Other Meetings
1. Parks and Recreation Committee Meeting of July 14, 2009.
B. Reports
1. Board of Education Special Meeting Summaries of July 31 and August 10, 2009.
2. Kodiak Island Borough July 2009 Financial Report.
Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments
and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2
Kodiak Island Borough
Assembly Regular Meeting Agenda
Thursday, September 3, 2009, 7:30 p.m., Assembly Chambers
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL OF AGENDA AND CONSENT AGENDA
All items listed with an asterisk () are considered to be routine and non - controversial
by the Assembly and will be approved by one motion. There will be no separate
discussion of these items unless an Assembly member so requests, in which case the
item will be removed from the Consent Agenda and considered in its normal sequence
on the agenda.
5. APPROVAL OF MINUTES
A. *Kodiak Island Borough Regular Meeting of July
July 30, 2009.
6. AWARDS AND PRESENTATIONS
7. CITIZENS' COMMENTS (Limited to Three Minutes, per Speaker)
A. Agenda Items Not Scheduled for Public Hearing and General Comments
8. COMMITTEE REPORTS
6, 2009 and Special Meeting of
9. PUBLIC HEARING
A. 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.
10. BOROUGH MANAGER'S REPORT
MESSAGES FROM THE BOROUGH MAYOR
12. UNFINISHED BUSINESS - None
13. NEW BUSINESS
A. Contracts
1. Contract No. FY2010 -16 Cooperation Agreement Between the Kodiak Island
Borough and the Kodiak Island Housing Authority.
2. Contract No. FY2010 -17 Lease Agreement Between the Kodiak Island Borough
and Frontier Business Systems, Inc. for Two Bizhub C552 Imaging Systems.
B. Resolutions
1. *Resolution No. FY2010 -06 Adopting the Kodiak Area Coordinated
Transportation Plan.
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
2. Resolution No. FY2010 -07 Adopting a State Legislative Capital Improvement
Projects Priority List for the 2010 Legislative Session.
3. *Resolution No. FY2010 -08 Appointing a Member to the Kodiak Fisheries
Development Association.
C. Ordinances for Introduction
None.
D. Other Items
None.
14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
15. ASSEMBLY MEMBERS' COMMENTS
16. ADJOURNMENT
17. INFORMATIONAL MATERIALS (No Action Required)
A. Minutes of Other Meetings
1. Parks and Recreation Committee Meeting of July 14, 2009.
B. Reports
1. Board of Education Special Meeting Summaries of July 31 and August 10, 2009.
2. Kodiak Island Borough July 2009 Financial Report.
Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments
and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Pape 2 of 2
KODIAK ISLAND BOROUGH
Assembly Regular Meeting
July 16, 2009
A regular meeting of the Kodiak Island Borough Assembly was held Thursday, July 16, 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 Sergeant Major Dave Blacketer of the Salvation Army. Deputy
Presiding Officer Branson led the Pledge of Allegiance.
Present were Deputy Presiding Officer Pat Branson, Assembly members Jerrol Friend, Judy
Fulp, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick
Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland.
KAPLAN moved to excuse Mayor Selby who was attending the NACO Conference and
Assembly member Jeffrey who was out on personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA AND CONSENT AGENDA
STUTES moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
None.
AWARDS AND PRESENTATIONS
Manager Gifford presented the Employee of the Quarter Award to Teresa Medina, Cashier in
the Finance Department.
CITIZENS' COMMENTS
Roxanne Salcido, Environmental Coordinator for the Native Village of Afognak, spoke on the
importance of the recycling program provided by Threshold Services, Inc.
Emil Norton and Gretchen Saupe spoke in support of the Senior Citizens of Kodiak, non - profit
agencies, and thanked the Assembly for financial support.
Marian Johnson and Bonnie Dillard spoke in support of recycling in Kodiak.
Nick Troxell, owner of Nick's Auto Wrecking Salvage and Metal Recycling, spoke about specific
language in the Recycling Process Request for Proposal (RFP).
Margie Jaskovich spoke in support of the Threshold contract and a ban on fireworks.
Maggie Rocheleau spoke in support of the bond ordinances and the Threshold contract.
Lisa Polito, Mary Forbes, Eric Engvall, Rachel Nummer, Jennifer Richcreek, Rhonda Maker,
Linda Himmelbloom, Sylvia Panzarella, Stephanie Love, and Jennifer Polley spoke in support of
the Threshold contract.
Kodiak Island Borough Assembly Minutes
July 16, 2009 Page 1
Karen Yashin spoke in support of recycling, non - profits, and the Humane Society of Kodiak.
Iver Malutin spoke in support of education, the bond ordinances, and recycling.
Melissa Borton, Bill Watkins, Steve Doerksen, Nick Watkins, Jessica Rauwolf, Clair Brodie, Joe
Floyd and Joe Mendoza spoke in support of the bond ordinances.
Mike Milligan spoke in support of recycling and non - profit organizations.
Geneneiva Pearson spoke in support of the bond ordinances, recycling, and a stop light at Birch
and Mill Bay Road.
Mel Stephens spoke against the bond ordinances and the indebtedness that they would incur,
and questioned the cost estimations and the current school district coffers.
Bob Brodie and Maggie Ingve spoke in support of recycling and the bond ordinances.
Scott Williams spoke in support of the bond ordinances and addressed the issue of the school
district's cost estimation, in that every step possible had been taken to bring the reconstruction
and remodel of the high school to this stage of development.
Cheryl McNeil spoke against the Threshold contract questioning the cost ratios.
Heather Peterson voiced her support of recycling and did not support the bond ordinances.
Petal Ruch spoke in support of the bond ordinances addressing the multi - functional uses of the
high school building which included an emergency evacuation site.
Ellen Simeonoff spoke in defense of the Recycling Services RFP that was submitted by
Threshold Services, Inc. and spoke in support of the bond ordinances.
COMMITTEE REPORTS
Assembly member Kaplan reported that the Parks and Recreation Committee was in
negotiations for the Master Trails Plan and it should be before the assembly for approval in the
very near future.
PUBLIC HEARING
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.
FRIEND moved to adopt Ordinance No. FY2009 -01 E.
Ordinance No. FY2009 -01 E was for the fiscal year end budget adjustments. In the General
Fund, the Miscellaneous line item in the revenue section of the General Fund was increased by
$67,000.The "use of fund balance" in the General Fund was decreased by $69,000. The School
District Support Department was decreased by $84,000. Transfers out was 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. In the Building and Grounds Fund
School Buildings Department, expenditures were expected to exceed the budget by $70,000. A
new department entitled School Building Major Maintenance was created and budgeted at
$12,000. The Womens Bay Road Service District expenditures exceeded it's budget by $6,006.
The Bay View Road Service District expenditures exceeded it's budget by $4,670.
Kodiak Island Borough Assembly Minutes
July 16, 2009 Page 2
The Borough needed to amend the debt service budget to account for the refunding of the 1998
bond issue. The Borough closed certain completed projects at the end of FY2009 and this
ordinance moved the unexpended funds to other projects. The Borough cancelled certain
projects and this ordinance moved the unexpended funds to other projects.
The Borough received a $2,500,000 grant to repair and pave the roads in Service District Area
No. 1, a $130,000 grant for school supplies and equipment, a $125,000 grant from the Denali
Commission for an island wide transportation study, and expected to receive a $100,000 grant
from the State of Alaska Department of Transportation for an island wide transportation study.
The Borough was reimbursed $3,236,143 by the State for the Borough's Seismic projects, the
proceeds of which would be used for other Borough projects.
Clerk's Note: Between the introduction and the public hearing, there were changes proposed by
staff and it was necessary to amend the ordinance by substitution.
KAPLAN moved to amend Ordinance No. FY2009-01E by substitution.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Friend,
Fulp, Kaplan, Lynch, and Stutes.
Deputy Presiding Officer Branson opened the public hearing. Seeing and hearing none, Deputy
Presiding Officer Branson closed the public hearing.
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Friend, Fulp,
Kaplan, Lynch, Stutes, and Branson.
B. 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.
STUTES moved to adopt Ordinance No. FY2010 -02.
The existing Records Management code was put in place in 1975 with 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 and Borough Attorney.
Deputy Presiding Officer Branson opened the public hearing. Seeing and hearing none, Deputy
Presiding Officer Branson closed the public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Kaplan, Lynch, Stutes,
Branson, and Friend.
BOROUGH MANAGER'S REPORT
Manager Gifford reported on the following:
• New pool expected to be completed in August.
• Bids for Woodland Acres paving project were due July 21 and would be awarded by July
30, 2009.
• Borough project updates were available on the Kodiak Island Borough website.
Kodiak Island Borough Assembly Minutes
July 16, 2009 Page 3
• He would be out of the office July 24 through August 2 for personal leave and to attend
the Alaska Municipal League conference.
MESSAGES FROM THE BOROUGH MAYOR
None.
UNFINISHED BUSINESS
None.
Deputy Presiding Officer Branson recessed the meeting at 8:50 p.m. and reconvened the
meeting at 8:55 p.m.
NEW BUSINESS
Contracts
1. Contract No. FY2010 -09 Providence Kodiak Island Counseling Center Services to KIB
School District for School Year 2009 -2010.
FRIEND moved to authorize the Manager to execute Contract No. FY2010 -09 with Providence
Kodiak Island Counseling Center of Kodiak, Alaska to provide mental health services for the
2009 -2010 school year in an amount not to exceed $381,350.
The Agreement was between the Kodiak Island Borough and Providence Kodiak Island
Counseling Center ( "Contractor ") setting forth the terms and conditions pursuant to the
contractor providing mental health services for the Kodiak Island Borough schools. The
contractor worked with the School District to identify and document a mutual understanding of
the program's scope and requirements with a focus on ensuring the greatest amount of quality
service within the budgeted amount of $381,350 which was the same amount as last year.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson,
Friend, and Fulp.
2. Contract No. FY2010 -01 Kodiak Island Borough Facilities Fuel Oil Delivery. This item was
approved under the consent agenda.
The contract would supply and deliver #1 and #2 heating oil to KIB facilities which included 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 was to 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.
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. The 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 was
lower than the one year contract, it was 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 OPIS price. These were the same terms that the school district selected when
they approved the heating fuel contract with Petro Star, Inc. at the 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
Kodiak Island Borough Assembly Minutes
July 16, 2009 Page 4
3. Contract No. FY2010 -10 Recycling Contract with Threshold Services Inc.
KAPLAN moved to authorize the Manager to execute Contract No. FY2010 -10 with Threshold
Services, Inc. of Kodiak, Alaska for a time and material contract estimated to be $281,450
the period of July 1, 2009 through June 30, 2010.
The Kodiak Island Borough's landfill enterprise fund was financed through user fees, residential
and commercial garbage fees, as well as fees charged at the landfill for varying wastes. These
funds covered costs for the solid waste collection contract, landfill operational disposal costs,
and community recycling efforts.
A Request for Proposal (RFP) was advertised and the only responder was Threshold Services,
Inc. The cost proposed by Threshold Inc. of $380 per ton exceeded the $150 per ton desired in
the RFP; however, during negotiation the price was reduced to $325 per ton. The contract was
based on the amount of recyclables shipped off island (similar to a time and material contract)
and it was estimated that the contract would total $281,450. The landfill budget was budgeted at
$130,000 for recycling services. In order for the landfill budget to cover the balance of this
expense, it was estimated that rates would need to be increased.The negotiated contract was
for one year, July 1, 2009 through June 30, 2010 with two one -year options to extend.
Assembly member Fulp spoke in support of the Threshold contract and was hopeful that the
garbage rates would not be increased. She also wanted to see a financial plan from Threshold
Services, Inc. where their revenues would meet their expenses.
Assembly member Stutes agreed that recycling was an important service in the community;
however, she was concerned with the RFP process followed on the contract. She spoke to the
fact that other bidders should have been able to have the same information as Threshold
Services, Inc.
STUTES moved to postpone awarding the contract until September 3, 2009 regular meeting in
order that everyone would have the same opportunity to bid.
ROLL CALL VOTE ON THE MOTION TO POSTPONE FAILED THREE TO THREE: Lynch,
Branson, and Kaplan (Noes); Friend, Fulp, and Stutes (Ayes).
In response to Assembly member Friend's question about the cost of services if the contract
was awarded for one month, Manager Gifford reported that he had signing authority up to
$25,000 and depending upon volume, he would see how long that amount would last.
Assembly member Lynch disclosed her position as President of the Board of Threshold
Services, Inc. She outlined how Threshold responded to the RFP. She explained in detail how
the Borough followed the code for the RFP.
Assembly member Kaplan spoke in support of the Threshold contract and summarized
comments from a letter received from Linda Kewan in Port Lions stating that their tribal council
was dependent on the recycling of Threshold Services, Inc. and their environmental efforts
would suffer greatly without their services.
Assembly member Branson explained the difference between an RFP and a Request for Bid.
She explained that the Threshold contract was for a year and advised other recycling
businesses interested to stay tune for future developments. In response to Assembly member
Branson's question of what would happen if the contract was not renewed, Manager Gifford
reported that Borough funding would not be available and he did not know how Tong it would
take for someone else to take on a recycling program.
Kodiak Island Borough Assembly Minutes
July 16, 2009 Page 5
ROLL CALL VOTE ON MAIN MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend,
Fulp, Kaplan, and Lynch. Assembly member Stutes changed her vote to the prevailing side.
Resolutions
1. Resolution No. FY2010 -03 Approving Fiscal Year 2010 Kodiak Island Borough Non - Profit
Funding.
LYNCH moved to adopt Resolution No. FY2010 -03.
Resolution No. FY2010 -03 was the framework in which the Assembly distributed the Borough
funds set aside in the Fiscal Year 2010 budget to various non - profit agencies.
Assembly member Friend spoke in support of non - profits.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp,
Kaplan, and Lynch.
2. Resolution No. FY2010 -05 Appointing Members to the Kodiak Fisheries Development
Association. This item was approved under the consent agenda.
The Kodiak Island Borough and City of Kodiak jointly designated the Kodiak Fisheries
Development Association (KFDA) as the eligible crab community entity (ECCE). The by -laws of
the KFDA provided for appointment of Directors to the Board by the Kodiak Island Borough
Assembly and the Kodiak City Council. The by -laws state that appointments take place
annually, at July meetings of the Assembly and City Council, and that Directors have staggered
three year terms of office.
The following individuals are appointed as Directors of the Kodiak Fisheries Development
Association, with the noted terms.
City Appointees:
Crab Processor Rep. - Mike Woodruff (7/10) (appointment)
Crab Harvester Rep. - Jeff Stephan (7/11) (reappointment)
Joint Appointees:
Stosh Anderson (7/10) (joint appointment)
Donna Jones (7/08) (joint appointment)
Laine Welch (7/08) (joint appointment)
Borough Appointees:
Crab Processor Rep. — Tuck Bonney (7/12) (reappointment)
Crab Harvester Rep. — Jerry Bongen (7/12) (reappointment)
3. Resolution No. FY2010 -02A Amending Resolution No. FY2010 -02 Amending the Fees of
the Kodiak Island Borough.
KAPLAN moved to adopt Resolution No. FY2010 -02A.
The Assembly requested a proposal for metals recycling in Kodiak and until a contract was
awarded, the Assembly wished to amend page 11 of the FY2010 fee schedule as follows:
8a. Metals $275.00 /ton
8b. Vehicles up to 7,000 pounds $475.00 per vehicle
The intent of the resolution was to put a Request for Proposal out to evaluate costs of recycling
metals.
Kodiak Island Borough Assembly Minutes
July 16, 2009 Page 6
Assembly members Fulp, Stutes, and Branson spoke in support of the resolution
Assembly member Lynch spoke against the resolution.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Kaplan,
and Stutes (Ayes); Lynch (No).
Ordinances for Introduction
1. 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.
KAPLAN moved to adopt Ordinance No. FY2010 -03 in first reading to advance to public hearing
at the next regular Assembly meeting.
The Kodiak Island Borough School District desired to renovate the Kodiak Island High School
and construct additional facility space. Educational requirements had changed since Kodiak
High School was originally constructed in 1966 as a regional education center. The instructional
space available for Kodiak High School did not support the instructional programs which were
needed to prepare high school students for success.
The current state debt service reimbursement plan provided that the State of Alaska would
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.
Stewart McDonald, Superintendent of the Kodiak Island Borough School District, gave a
presentation in support of the bond ordinances.
Assembly members Stutes, Lynch, Friend, Kaplan, and Branson spoke in support of the bond
ordinances in order that questions would go before the voters. They stressed the importance of
educating the voters on the costs.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Kaplan, Lynch,
Stutes, and Branson.
2. 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.
FRIEND moved to adopt Ordinance No. FY2010 -04 in first reading to advance to public hearing
at the next regular Assembly meeting.
The Borough currently owned over $200,000,000 worth of buildings as reflected on the values
listed on the insurance schedules. The number did not include the cost of the land or site
improvements and part of the cost of ownership was to renew and /or replace parts of the
buildings. The proceeds of the bond ($12,500,000) equaled 6.25% of the current value of the
buildings and would be in the best interest of the Borough to keep buildings properly
Kodiak Island Borough Assembly Minutes
July 16, 2009 Page 7
maintained. Approximately 73% of the buildings were school buildings which qualified for a 70%
debt reimbursement from the State of Alaska.
Assembly member Stutes spoke in support of moving the bond ordinances forward and
expressed a concern about securing a bond for maintenance items.
Assembly member Branson noted that renovation in the villages were included in the bond
ordinances and encouraged the public to become familiar with them.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Kaplan, Lynch, Stutes,
Branson, and Friend.
Other Items
None.
CITIZENS' COMMENTS
Mel Stephens spoke against the bond ordinances commenting specifically about the $4.2 million
bond proposition that was passed in 2004 to fund vocational education refurbishing. Mr.
Stephens spoke against the approval of the Threshold contract, warning the Assembly of being
in violation of the Borough's procurement process.
ASSEMBLY MEMBER COMMENTS
Assembly member Stutes, Kaplan, Lynch, and Branson congratulated Teresa Medina for her
receipt of the Employee of the Quarter Award.
Assembly member Friend had no comments.
Assembly member Fulp was pleased to see the arrival of the cruise ships in Kodiak.
Announcements
Deputy Presiding Officer Branson announced that 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, August 6, July 16, 2009 at 7:30
p.m. in the Borough Assembly Chambers.
ADJOURNMENT
FRIEND moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson,
Friend, and Fulp.
The meeting adjourned at 9:50 p.m.
Nova M. Javier, MMC, Borough Clerk Approved:
KODIAK ISLAND BOROUGH
ATTEST: Jerome M. Selby, Mayor
Kodiak Island Borough Assembly Minutes
July 16, 2009 Page 8
CITIZENS' COMMENTS — None.
KODIAK ISLAND BOROUGH
Assembly Special Meeting
July 30, 2009
A special meeting of the Kodiak Island Borough Assembly was held Thursday, July 30, 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 Jerrol Friend, Dave Kaplan, Chris
Lynch, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy,
Finance Director Karl Short, Engineering and Facilities Director Woody Koning, and Clerk Nova
Javier.
FRIEND moved to excuse Assembly member Branson, Fulp, and Jeffrey who were out on
personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING
A. Contract No. FY2010 -11 Woodland Acres Paving.
KAPLAN moved to authorize the Manager to execute Contract No. FY2010 -11 with Brechan
Enterprises, Inc. for Woodland Acres Paving in an amount not to exceed $2,082,925.
The contract was for the Woodland Acres Paving project which included the major roads Puffin,
Curlew, Gull, and Sharatin. The project would be funded through a State Capital Improvement
Grant for road service area rehabilitation and paving. A bid was received in response to KIB's
Invitation to Bid dated July 8, 2009. Brechan Enterprises, Inc. was the only bidder for the
project.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Kaplan, Lynch, and
Stutes.
ADJOURNMENT
FRIEND moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, and
Friend.
The meeting adjourned at 7:34 p.m.
Nova M. Javier, MMC, Borough Clerk Approved:
KODIAK ISLAND BOROUGH
ATTEST: Jerome M. Selby, Mayor
Kodiak Island Borough Assembly Minutes
July 30, 2009 Page 1
TITLE:
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:
Form Ver. 06/30/2009
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
SEPTEMBER 3, 2009 REGULAR MEETING
RECOMMENDED MOTION: Move to adopt Ordinance No. FY2010 - 05.
ITEM NO: 9.A
49 The borough will maintain good communications about its financial condition with bond and
50 credit institutions.
51 The borough will follow a policy of full disclosure in every annual financial statement and bond
52 official statement.
53 The borough will avoid borrowing on tax anticipation and maintain an adequate fund balance.
54
55 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
56 THIS DAY OF 2009
57
58
59 KODIAK ISLAND BOROUGH
60
61
62
63 Jerome M. Selby, Borough Mayor
64
65 ATTEST:
66
67
68
69 Nova M. Javier, MMC, Borough Clerk
Kodiak Island Borough Ordinance No. FY2010 -05
Page 2 of 2
TITLE:
Contract No. FY2010 -16 Cooperation Agreement Between the Kodiak Island Borough and
the Kodiak Island Housing Authority.
SUMMARY:
Kodiak Island Housing Authority has identified a shortage of affordable housing for young adults
striving for self - sufficiency. KIHA proposes to provide young adults with a stable and safe living
environment through a residential setting. The services that will be implemented are designed to
help young people successfully transition to independent living and self- sufficiency. The goal is
to assist young adults in providing their own basic needs with on site staff providing case
management and mentoring. KIHA is currently looking for a residence to purchase for this
purpose.
KIHA is targeting young people who are enrolled at KHS or Kodiak College that are unable to
access affordable, safe, sanitary housing. Education and employment goals will be established
when housing participants have been deemed eligible to participate in KIHA's transitional
housing program.
Staff requests the Borough Assembly's approval and authorization for the manager to sign the
cooperation agreement provided. Said cooperation agreement is required under Section 101 of
the Native American Housing and Self Determination Act of 1996, 25 U.S.C. & 4111
(NAHASDA). Indian Housing Block Grant (IHBG) funds provided on behalf of an Indian tribe
may not be used for rental or lease- purchase homeownership units that are owned by the IHBG
recipient for the tribe and developed under NAHASDA or the United States Housing Act of 1937
(42 U.S.C. & 1437 et seq.) unless the governing body of the locality, within which the rental or
lease- purchase units are or will be situated, has entered into an agreement with the recipient.
Said cooperation agreement will exempt the property purchased by KIHA (as proposed and to
be subsequently identified by legal description) from property taxation and will require KIHA to
make Payments in Lieu of Tax as set forth in the agreement.
FISCAL NOTES:
Account No.: N/A
Amount Budgeted: N/A
Expenditure Required: N/A
APPROVAL FOR AGENDA:
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
SEPTEMBER 3, 2009 REGULAR MEETING
ITEM NO: 13.A.1
RECOMMENDED MOTION: Move to authorize the manager to sign Contract No. FY2010-
16 cooperation agreement between the Kodiak Island Borough and Kodiak Island
Housing Authority.
Form Ver. 06/30/2009
June 30, 2009
Rick Gifford, Manager
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Dear Mr. Gifford,
Kodiak Island Housing Authority
3137 Mill By Road, Kodiak AK 99615 kodiakislandhousing.org
Phone: 907- 486 -8111 Toll Free: 800 -478 -5442 Fax: 907 -486 -4432
ECEIV
JUN 3 0 2009 [
MB MANAGER
Kodiak Island Housing Authority has identified a shortage of affordable housing for
young adults striving for self - sufficiency. KIHA proposes to provide young adults with
a stable and safe living environment through a residential setting. The services that will
be implemented are designed to help young people successfully transition to independent
living and self - sufficiency. Our goal is to assist young adults in providing their own
basic needs with on site staff providing case management and mentoring. KIHA is
currently looking for a residence to purchase for this purpose.
KIHA is targeting young people who are enrolled at KHS or Kodiak College that are
unable to access affordable, safe, sanitary housing. Education and employment goals will
be established when housing participants have been deemed eligible to participate in
KIHA's transitional housing program.
At this time Kodiak Island Housing Authority has seven housing applicants on our
waitlist that are between the ages of 18 -20 that are staying with friends and family until
they are offered an apartment. KIHA recognizes the barriers for young people that are
going to school full time, working at jobs that pay minimum wages and social pressures
that come along with being young.
Kodiak Island Housing Authority is a good community partner and will ensure that all of
the properties owned by KIHA will be properly maintained and blend into the
neighborhood.
Attached to this request is a cooperation agreement which under Section 101 of the
Native American Housing and Self Determination Act of 1996, 25 U.S.C. & 4111
(NAHASDA), Indian Housing Block Grant (IHBG) funds provided on behalf of an
Indian tribe may not be used for rental or lease - purchase homeownership units that are
owned by the IHBG recipient for the tribe and developed under NAHASDA or the
United States Housing Act of 1937 (42 U.S.C. & 1437 et seq.) unless the governing body
of the locality, within which the rental or lease - purchase homeownership units are or will
be situated, has entered into an agreement with the recipient.
I thank you for your consideration of this request. Please call Rick Lindholm or myself at
486 -8111 if you need any further information.
Sincerely,
/(d
Marty Shuravloff
Executive Director
Sample Alaska Cooperation Agreement
Version 1:
Tax Exempt and Payment in Lieu of Taxes (PILOT) to Be Paid
Under Section 101 of the Native American Housing Assistance and Self Determination
Act of 1996, 25 U.S.C. § 4111 (NAHASDA), Indian Housing Block Grant (IHBG) funds
provided on behalf of an Indian tribe may not be used for rental or lease - purchase
homeownership units that are owned by the IHBG recipient for the tribe and developed
under NAHASDA or the United States Housing Act of 1937 (42 U.S.C. § 1437 et seq.)
unless the governing body of the locality, within which the rental or lease - purchase
homeownership units are or will be situated, has entered into an agreement with the
recipient. With limited exception, the cooperation agreement must provide for local
cooperation, tax - exemption of the units and the annual payments of user fees or payments
in lieu of taxes to compensate such governments for the costs of providing governmental
services (i.e., including police and fire protection, roads, water and sewerage systems,
utilities systems and related facilities).
The annual payments of user fees or payments in lieu of taxes may be an amount equal to
the greater of $150 per dwelling unit or 10 percent of the difference between the shelter
rent and the utility cost, or may be such lesser amount as: (a) is prescribed by State, tribal,
or local law; (b) agreed to by the local governing body in the agreement; or (c) the
recipient and the local governing body may agree that such user fees or payments in lieu
of taxes shall not be made.
HUD prescribes no form of this required "Cooperation Agreement;" however, in its effort
to provide technical assistance to Alaska IHBG recipients, the Alaska Office of Native
American Program (AONAP) has developed sample Cooperation Agreements that
Alaska IHBG recipients may use to develop their own.
This Version 1: Tax Exempt and Payment in Lieu of Taxes (PILOT) to Be Paid may
be used as a guide when the Alaska IHBG recipient and the Governing Body of the
locality, in which the rental or lease - purchase homeownership units are situated, have
agreed that the rental or lease - purchase homeownership units are tax exempt and the
Alaska IHBG recipient will pay a user fee or Payments in Lieu of Taxes (PILOT) in
accordance Section 101(d)(2) of NAHASDA.
Sample Cooperation Agreement Exemption and PILOT
AKONAP 06/09/05
COOPERATION AGREEMENT
This agreement entered into this 3' day of September, 2009, by and between the
Kodiak Island Housing Authority (herein after called the Recipient), and the Kodiak
Island Borough (hereinafter called the Local Governing Body").
In consideration of the mutual covenants hereinafter set forth, the parties do
hereby agree as follows:
1. Whenever used in this agreement:
a)
b)
The term "project(s)" shall mean any property previously or hereafter
developed or acquired by the Recipient with financial assistance of the
United States of America, acting by and through the Secretary of the
Department of Housing and Urban Development (hereinafter called the
"Government "), and under the Native American Housing Assistance and
Self Determination Act of 1996 or the United States Housing Act of 1937;
and
The term "shelter rent" shall mean the total of all charges to all tenants of
a project(s) for dwelling rents (excluding all other income of such
project(s)), less the cost to the Recipient of all dwelling and non - dwelling
utilities.
2. The Recipient shall endeavor to secure funding from the Government for the cost
to develop, acquire and/or administer one or more low- income housing project(s),
comprising approximately 4 units, as rental or lease - purchase homeownership units. The
project(s) is /are located within the jurisdictional limits of the Local Governing Body.
The obligations of the parties hereto shall apply to each such project and any future
project(s), and the units therein, within the jurisdictional limits of the Local Governing
Body as those jurisdictional limits are delineated on the date of this agreement and
hereafter may be modified.
3. Pursuant to this agreement, all such project(s) within the jurisdictional limits of
the Local Governing Body are exempt from all real and personal property taxes and
special assessments levied or imposed by the Local Governing Body. So long as such
project(s) is owned by the Recipient and is used for low- income rental or lease - purchase
homeownership purposes, the Local Governing Body agrees that it will not levy or
impose any real or personal property taxes or special assessments upon such project(s) or
upon the Recipient with respect thereto as required by Section 101(d) of the Native
American Housing and Self Determination Act of 1996, 25 U.S.C. § 4111(d).
Sample Cooperation Agreement Exemption and PILOT
AKONAP 06/09/05
2
4. During such period in which the project(s) is exempt from all real and personal
property taxes and special assessments levied or imposed by the Local Governing Body,
the Recipient shall make annual payments of either user fees or Payments in Lieu of
Taxes (PILOT) instead of taxes or special assessments in payment for public services and
facilities furnished from time to time without other cost or charge to such project(s).
5. Each such annual payment of user fees or PILOT shall be made (at the time when
real property taxes on such project(s) would be paid if it were subject to taxation)(in an
amount equal to the greater of $150 per dwelling unit or ten percent (10 %) of the
difference between the shelter rent and the utility costs per dwelling unit)
6. Notwithstanding the Recipient's agreement to pay user fees or a PILOT, the Local
Governing Body agrees that no lien against any project(s) or assets of the Recipient shall
attach, nor shall any interest or penalties accrue or attach on account thereof, for the
failure to make such payments of user fees or PILOT.
7. During the period commencing with the date of the acquisition of any part of the
site or sites of any project(s) and continuing so long as such project(s) is owned by the
Recipient and used for low- income rental or lease - purchase homeownership purposes, the
Local Governing Body, without cost or charge to the Recipient or the tenants of such
project(s) other than user fees or PILOT described above, shall furnish or cause to be
furnished to the Recipient and the tenants of such project(s) any and all public services,
facilities and infrastructure of the same character and to the same extent as are furnished
from time to time without cost or charge to other dwellings and inhabitants within the
Local Governing Body's jurisdictional limits.
8. If by reason of the Local Governing Body's failure or refusal to furnish or cause
to be furnished any and all public services, facilities and infrastructure which it has
agreed hereunder to furnish or to cause to be furnished to the Recipient or to the tenants
of any project(s), the Recipient incurs any expense to obtain such services or facilities,
then the Recipient may deduct the amount of such expense from any payment of user fees
or PILOT due or to become due to the Local Governing Body with respect to any low -
income housing project(s) owned by the Recipient.]
9. No cooperation agreement previously entered into between the Local Governing
Body and the Recipient shall be construed to apply to any project(s) covered by this
agreement.
10. This agreement shall not be abrogated, changed, or modified without the consent
of both the Local Governing Body and the Recipient. The privileges and obligations of
the Local Governing Body hereunder shall remain in full force and effect with respect to
each project(s) so long as the Recipient holds title to such project(s). However, if at any
time the title to, or possession of, any project(s) is held by a public body or governmental
agency, including the Government, the provisions hereto shall inure to the benefit of and
may be enforced by such public body or governmental agency, including the
Government.
Sample Cooperation Agreement Exemption and PLOT
AKONAP 06/09/05
3
IN WITNESS WHEREOF, the Local Governing Body and the Recipient have
respectively signed this agreement and caused their seal to be affixed and attested as of
the day and year first above written.
Attest:
(Title)
(SEAL)
(SEAL)
OFFICIAL SEAL'
REBECCA R. TORSEN
NOTARY PUBLIC, STATE OF ALASKA
By:
By:
O R - Attest: . Lx O R - - .Z012_
(Title)
Sample Cooperation Agreement Exemption and PILOT
AKONAP 06/09/05
4
Kodiak Island Borough
Rick L. Gifford
Borough Manager
Kodiak Island Housing Authority
Marty Shuravloff
Executive Director
TITLE:
SUMMARY:
APPROVAL FOR AGENDA:
Form Ver. 06/30/2009
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
SEPTEMBER 3, 2009 REGULAR MEETING
Contract No. FY2010 -17 Lease Agreement Between the Kodiak Island Borough and
Frontier Business Systems, Inc. for Two Bizhub C552 Imaging Systems.
This lease is for two Bizhub C552 imaging systems which are full color printer /copier /scanner
machines. They copy at 55 pages per minute in black and white and 45 pages per minute in
color. This lease allows the KIB to make 2,500 color copies and 6,000 black and white copes
per month at no charge and after that, the cost will be .012 cents per copy for black and white
copies and .8 cents per copy for color copies.
The Borough currently leases two Konica 7155 printer /copy /scanning machines. The term of
these leases has been met for some time but we have continued to use them on a month to
month basis.
FISCAL NOTES:
Account No.: Various
Amount Budgeted: We have budgeted to make copies all through the Borough. This purchase
is in line with the current budget.
Expenditure Required: $947 per month for 60 months.
ITEM NO: 13.A.2
RECOMMENDED MOTION: Move to authorize the manager to execute Contract No.
FY2010 -17 Lease Agreement Between the Kodiak Island Borough and Frontier Business
Systems, Inc. for Two Bizhub C552 Imaging Systems.
QTY.
MODEL NO.
INFORMATION
DESCRIPTION
SCHEDULE
SERIAL NO.
MONTHLY BASIC
USE CHARGE
MONTHLY COPIES
INCLUDED
OVERAGE
COPY RATE
2
C552
Bizhub C552 Color MFP
$968.00
6,000 black
.012
2,500 Color
.08
DELIVERY
KEY OPERATOR
/INSTALLATION CHARGE
Paul
$ 0.00 DOCUMENTATION FEE $ 79.50
Overages to be billed:
® Annually
❑ Other:
PHONE NO. 486 -9336
METER READING
0
by Frontier Business Systems
®bank. 1 310 Madrid St., Ste. 25
8
Marshall, MN 5625
£ srar Smim Cuaranreod +r'� Fax: 800.328.9092
BILL TO:
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
FRONTIER IMAGES PROGRAM FRQNTIER
business system
SHIP TO:
Same
ATTENTION:
This Frontier Images Agreement is made by and between U.S. Bancorp Business Equipment Finance Group. U.S. Bancorp hereby
leases the following property to customer identified in the "Bit To section above and hereinafter referred to as Customer. COUNTY:
• The non - cancelable term of this agreement is 60 months.
• The Basic Use Charge and Overage Copy Rate includes all maintenance, parts, labor, supplies, black toner and color toner unless noted, excludes copy paper.
THIS IS A NON - CANCELABLE AGREEMENT FOR THE
TERM INDICATED ABOVE. SEE TERMS AND
CONDITIONS ON REVERSE SIDE OF THIS DOCUMENT.
CUSTOMER
SIGNATURE X
(Authorized Signature)
DELIVERY GUARANTY
You understand and agree that in the event you are not satisfied with the delivery and installation of the
equipment that you shall only look to persons other than U.S. Bancorp Business Equipment Finance Group
such as the manufacturer, installer, or carrier, and shall not assert against U.S. Bancorp Business
Equipment Finance Group any claim or defense that you may have with reference to the equipment or its
installation. Further, you authorize U.S. Bancorp Business Equipment Finance Group to pay supplier for the
equipment and understands that payments shall begin 30 days from the date you execute this agreement
and shall be continuous thereafter per the terms of the Agreement.
SIGNATURE X DATE
PRINTED NAME TITLE DATE PRINTED NAME
U.S. BANCORP BUSINESS EQUIPMENT FINANCE GROUP (OWNER)
SIGNATURE TITLE
(Corporate Approval)
TITLE
SALES REP# BRANCH# FOR
GUARANTY
As additional inducement for us to enter into the Agreement, the undersigned ( "you ") unconditionally, jointly and severally, personally guarantees that you will make all payments and meet all obligations required under this
Agreement and any supplements fully and promptly. You agree that we may make other arrangements including compromise or settlement with you and you waive all defenses and notice of those changes and wit remain
responsible for the payment and obligations of this Agreement. We do not have to notify you if you are in default. If you default, you will immediately pay in accordance with the default provision of the Agreement all sums due
under the terms of the Agreement and will perform all the obligations of the Agreement. If it is necessary for us to proceed legally to enforce this guaranty, you expressly consent to the jurisdiction of the court set out in
paragraph 15 and agree to pay all costs, including attorneys fees incurred in enforcement of this guaranty. It is not necessary for us to proceed first against you before enforcing this guaranty. By signing this guaranty, you
authorize us to obtain credit bureau reports for credit and collection purposes.
PRINT NAME OF GUARANTOR
Kodiak Island Borough
Legal Name of Corporation, Limited Liability Company or Partnership
SIGNATURE DATE
1. AGREEMENT: You agree to rent from us the personal property described under "INFORMATION SCHEDULE" and as modified by supplements to this Master Agreement from time to time signed by you and us (such
property and any upgrades, replacements, repairs and additions referred to as "Equipment ") for business purposes only. You agree to all of the terms and conditions contained in this Agreement and any supplement, which
together are a complete statement of our Agreement regarding the listed equipment ( "Agreement ") and supersedes any purchase order or outstanding invoice. This Agreement may be modified only by written Agreement
and not by course of performance. You authorize us to insert in this Agreement serial numbers and other identification about the Equipment, as well as other omitted factual matters. This Agreement becomes valid upon
execution by us and will begin on the date shown and will continue from the first day of the following month for the number of consecutive months shown. The term will be extended automatically for successive month to
month terms unless you send us written notice you do not want it renewed at least ninety (90) days before the end of any term. THE BASE RENTAL PAYMENT SHALL BE ADJUSTED PROPORTIONATELY UPWARD OR
DOWNWARD, IF THE ACTUAL COST OF THE EQUIPMENT EXCEEDS OR IS LESS THAN THE ESTIMATE PROVIDED TO YOU. If any provision of this Agreement is declared unenforceable in any jurisdiction, the other
provisions herein shall remain in full force and effect in that jurisdiction and all others. You authorize us to insert or correct missing information on this lease including your proper legal name, serial numbers and any other
numbers describing the Equipment. You agree to provide updated annual and /or quarterly financial statements to us upon request.
2. RENT: Rent will be payable in installments, each in the amount of the basic rental payment shown plus any applicable sales, use or property tax. If we pay any tax on your behalf, you agree to reimburse us promptly along
with a processing fee. You will pay the security deposit on the date you sign this Agreement. Subsequent installments will be payable on the first day of each rental payment period shown beginning after the first rental
payment period or as otherwise agreed. We will have the right to apply all sums received from you to any amounts due and owed to us under the terms of this Agreement.
3. MAINTENANCE AND SUPPLIES: The charges established by this Agreement include payment for the use of the designated Equipment and accessories, maintenance (during normal business hours); inspection,
adjustment, parts replacement, drums and cleaning material required for the proper operation, as well as black toner and developer. Paper must be separately purchased by you. Color toner, not included in this Agreement
will be billed separately. If necessary, the service and supply portion of this Agreement may be assigned. We may charge you a Supply Freight Fee to cover our costs of shipping supplies to you.
4. OWNERSHIP OF EQUIPMENT: We are the Owner of the equipment and have sole title to the equipment (excluding software). You agree to keep the equipment free and clear of all liens and claims.
5. WARRANTY DISCLAIMER: WE MAKE NO WARRANTY EXPRESS OR IMPLIED, INCLUDING THAT THE EQUIPMENT IS FIT FOR A PARTICULAR PURPOSE OR THAT THE EQUIPMENT IS MERCHANTABLE.
YOU AGREE THAT YOU HAVE SELECTED THE SUPPLIER AND EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR
REPRESENTATIONS MADE BY US OR ANY SUPPLIER. WE DO NOT TAKE RESPONSIBILITY FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. THE SUPPLIER IS NOT AN AGENT OF OURS
AND NOTHING THE SUPPLIER STATES CAN AFFECT YOUR OBLIGATION UNDER THE AGREEMENT. YOU WILL CONTINUE TO MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY
CLAIM OR COMPLAINT AGAINST SUPPLIER.
6. LOCATION OF EQUIPMENT: You will keep and use the equipment only at your address shown above and you agree not to move it unless we agree to it. At the end of the Agreement's term, you will retum the
Equipment to a location we specify at your expense, in retail resaleable condition, full working order, and in complete repair.
7. LOSS OR DAMAGE: You are responsible for the risk of loss or for any destruction of or damage to the equipment. No such loss or damage relieves you from the payment obligations under this Agreement. You agree to
promptly notify us in writing of any loss or damage and you will then pay to us the present value of the total of all unpaid rental payments for the full rental term plus the estimated fair market value of the Equipment at the end
of the originally scheduled term, all discounted at six percent (6 %) per year. Any proceeds of insurance will be paid to us and credited, at our option, against any loss or damage. You authorize us to sign on your behalf and
appoint us as your attorney in fact to execute in your name any insurance drafts or checks issued due to loss or damage to the equipment.
8. COLLATERAL PROTECTION AND INSURANCE: You agree to keep the equipment fully insured against loss with us as loss payee in an amount not less than replacement cost until this Agreement is terminated. You
also agree to obtain a general public liability insurance policy from anyone who is acceptable to us and to include us as an insured on the policy. You agree to provide us certificates or other evidence of insurance acceptable
to us, before this Agreement begins or, should you wish us to waive this requirement, we will bill you and you will pay a property damage surcharge of up to .0035 of the total stream of payments as a result of our
administrative costs, credit risk and other costs. We may make a profit on this program. As long as you are current at the time of the loss (intentional acts are not included), the remaining balance owed on the Agreement
will be forgiven. You must be current to benefit from this program. NOTHING IN THIS PARAGRAPH WILL RELIEVE YOU OF YOUR RESPONSIBILITY FOR LIABILITY INSURANCE COVERAGE ON THIS EQUIPMENT.
9. INDEMNITY: We are not responsible for any loss or injuries caused by the installation or use of the equipment. You agree to hold us harmless and reimburse us for loss and to defend us against any claim for losses or
injury caused by the Equipment.
10. TAXES AND FEES: You agree to pay when invoiced all taxes (including personal property tax, fines and penalties) and fees relating to this Agreement or the Equipment. You agree to (a) reimburse us annually for all
personal property taxes which we are required to pay as Owner of the Equipment or to remit to us each month our estimate of the monthly equivalent of the annual property taxes to be assessed. We will file all personal
property, use or other tax return and you agree to pay us a process fee for making such filings. In addition you agree to pay us a UCC filing fee of 535.00 and reimburse us for all costs involved in documenting and servicing
this Agreement. You further agree to pay us up to 579.50 on the date the first payment is due as an origination fee. If the total sum of the payments exceeds 575,000, the origination fee will be no greater than 599.50. We
reserve the right to charge a fee upon termination of this Agreement either by trade -up, buy -out or default. Any fee charged under this Agreement may include a profit.
11. ASSIGNMENT: YOU HAVE NO RIGHT TO SELL, TRANSFER, ASSIGN OR SUBRENT THE EQUIPMENT OR THIS AGREEMENT. We may sell, assign, or transfer this Agreement without notice. You agree that if we
sell, assign, or transfer this Agreement, the new Owner will have the same rights and benefits that we have now and will not have to perform any of our obligations. You agree that the rights of the new Owner will not be
subject to any claims, defenses, or set offs that you may have against us.
12. DEFAULT AND REMEDIES: If you do not pay any rental payment or other sum due to us or other party when due or if you break any of your promises in the Agreement or any other Agreement with us, you will be in
default. If any part of a payment is late, you agree to pay a late charge of 15% of the payment which is late or N less, the maximum charge allowed by law. If you are ever in default, we may retain your security deposit and at
our option, we can terminate or cancel this Agreement and require that you pay (1) the accelerated unpaid balance of this Agreement (discounted at 6 %); (2) the amount of any purchase option and if none is specified, 20%
of the original equipment cost which represents our anticipated residual value in the equipment; (3) and return the equipment to us to a location designated by us. We may recover interest on any unpaid balance at the rate of
8% per annum. We may also use arty of the remedies available to us under Article 2A of the Uniform Commercial Code as enacted in the State of Minnesota or any other law. You agree to pay our reasonable attorney's
fees and actual court costs. If we have to take possession of the equipment, you agree to pay the cost of repossession. The net proceeds of the sale of any repossessed Equipment will be credited against what you owe us
relating to any claim arising under this Agreement including, but not limited to, or referral for collection. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL OR INCIDENTAL
DAMAGES FOR ANY DEFAULT BY US UNDER THIS AGREEMENT. You agree that any delay or failure to enforce our rights under this Agreement does not prevent us from enforcing any rights at a later time. It is further
agreed that your rights and remedies are govemed exclusively by this Agreement and you waive your rights under Article 2A (508 -522) of the UCC.
13. UCC FILINGS: You grant us a security interest in the equipment if this Agreement is deemed a secured transaction and you authorize us to record a UCC -1 financing statement or similar instrument, and appoint us
your attomey -in -fact to execute and deliver such instrument, in order to show our interest in the equipment.
14. SECURITY DEPOSIT: The security deposit is non interest bearing and is to secure your performance under this Agreement. Any security deposit made may be applied by us to satisfy any amount owed by you, in
which event you will promptly restore the security deposit to its full amount as set forth above. If all conditions herein are fully complied with and provided you have not ever been in default of this Agreement per paragraph
12, the security deposit will be refunded to you after the retum of the equipment in accordance with paragraph 6.
15. LAW This Agreement will be deemed fully executed and performed in the State of Minnesota upon signing by the Owner and will be governed by and construed in accordance with Minnesota law. You expressly
consent to jurisdiction and venue of any state or federal court in the State of Minnesota and waive right to trial by jury for any claim or action arising out of or relating to this Agreement or the Equipment. You waive right of
defense of inconvenient forum.
16. OVERAGES AND COST ADJUSTMENTS: You agree to comply with any billing procedures designated by us, including notifying us of the meter reading at the end of each month.
17. UPGRADE /DOWNGRADE PROVISION: AFTER INCEPTION OF THE AGREEMENT AND UPON YOUR REQUEST, WE MAY REVIEW YOUR PAGE VOLUME AND PROPOSE OPTIONS FOR UPGRADING OR
DOWNGRADING TO ACCOMMODATE YOUR NEEDS.
18. TRANSITION BILLING: In order to facilitate an orderly transition, including installation and training, and to provide a uniform billing cycle, the "Effective Date" of this Agreement will be the fifteenth (15th) day of the month
following installation. You agree to pay a prorated amount for the period between the installation date and the Effective Date. This payment for the transition period will be based on the base minimum usage payment
prorated on a 30 day calendar month and will be added to your first invoice.
FOR MUNICIPALITIES ONLY
19 -A. CUSTOMER COVENANTS: You covenant and warrant that (1) it has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the payments
scheduled to come due and to meet its other obligations under the Agreement and such funds have not been expended for other purposes; and
(2) that there is no action, suit, proceeding or investigation pending, or threatened in any court or other tribunal or competent jurisdiction, state or federal or before any public board or body, which in any way would (a) restrain
or enjoin the delivery of the Agreement or the ability of you to make its Base Payments (as set out above); (b) contest or affect the authority for the execution or delivery of, or the validity of, the Agreement; or (c) contest the
existence and powers of you; nor is there any basis for any such action, suit, proceeding or investigation; and
(3) That the equipment will be operated and controlled by you and will be used for essential government purposes and will to be essential for the tern of the Agreement.
(4) You have not previously terminated a rental for non - appropriation, except as speclfically described in a letter appended hereto.
19 -B. SIGNATURES: Each signor (two if monthly payment exceeds $1,200) warrants that he /she is fully conversant with the goveming relevant legal and regulatory provisions and has full power and authorization to bind
you. Signor(s) for you further warrant(s) its governing body has taken the necessary steps; including any legal bid requirements, under applicable law to arrange for acquisition of the Equipment; the approval and execution
has been in accordance with all applicable open meeting laws; and that a resolution of the goveming body of you authorizing execution of the Agreement has been duly adopted and remains in full force and effect.
19 -C. NON APPROPRIATION: In the event you are in default under the Agreement because:
1. Funds are not appropriated for a fiscal period subsequent to the one in which the Agreement was entered into which are sufficient to satisfy all of your obligations under the Agreement during said fiscal period;
2. Such non - appropriation did not result from any act or failure to act of you;
3. You have exhausted all funds legally available for all payment due under the Agreement; and
4. There is no other legal procedure by which payment can be made to Owner.
Then, provided that (a) you have given Owner written notice of the occurrence of paragraph 1 above thirty (30) days prior to such occurrence; (b) Owner has received a written opinion from your counsel verifying the same
within ten (10) days thereafter; and (c) you do not directly or indirectly purchase, rent or in any way acquire any services or equipment supplied or provided for hereunder; upon receipt of the equipment delivered to a location
designated by Owner, at your expense, Owners remedies for such default shall be to terminate the Agreement at the end of the fiscal period during which notice is given; retain the advance payments, if any; and /or sell,
dispose of, hold, use or rent the equipment as Owner in its sole discretion may desire, without any duty to account to you.
DATED CUSTOMER
17238 - 04/25/2008
SIGNATURE
TITLE
SHIPPING ADDRESS I OMD Acct # AN6114
BILLING ADDRESS OMD Acct #
BUSINESS NAME
KODIAK ISLAND BOROUGH
BUSINESS NAME
SAME
STREET ADDRESS, SUITE, ROOM, DEPARTMENT
710 MILL BAY RD
STREET ADDRESS, SUITE — OR PO BOX
CITY STATE ZIP +4
Kodiak AK 99615
CITY STATE ZIP +4
AK
KEY OPERATOR NAME(S) PHONE / EXTENSION
KARL SHORT 486 -9320
CONTACT NAME PHONE / EXTENSION
KEY OPERATOR FAX KEY OPERATOR EMAIL
BILLING DEPARTMENT FAX NUMBER
CUSTOMER P.O. NUMBER
POWER REQUIREMENTS EXPLAINED 8 CONFIRMED
Customer Initials
FREIGHT CHARGES
collect
SHIPPING METHOD PREFERRED
standard local mover
FOB POINT / ACTUAL INFO FROM CUST PO
FBS Branch
Frontier Business Systems
EQUIPMENT ACQUISITION AGREEMENT
CUSTOMER INFORMATION
MACHINE INFORMATION
QTY
2
2
2
2
2
MODEL / DESCRIPTION
BIZHUB C552
LU -301
FS -526
PK -516
WT -506
PRICE EACH
SERIAL NUMBER '..
ID NUMBER
INSTALL DATE
(PROFESSIONAL SERVICES, CONNECTIVITY- RELATED ITEMS, SURGE PROTECTOR AND INSTALLATION SUPPLIES ARE NOT INCLUDED UNLESS SPECIFIED HEREIN.)
FINANCING INFORMATION
PAYMENT TERMS
Payment on Delivery
On Account (Attach PO
if Applicable)
Lease (PO to Lease Co.
EQUIPMENT REPLACED
Machine Replaced: K7155 & k7165 56EE08409 & 56EE00512
(BRAND, MODEL) (SERIAL/ID NUMBER)
Trade -in Credit: $ Current Meter:
SERVICE AGREEMENT
Amount Quoted:
Annual Copy Volume: 72,000
Excess Copy Charge: $ 0.01200
Beginning Meter: 0
if applicable)
$ 3,264.00
BLACK/WHITE
Billing Sched: Monthly Overage Sched: Quartly
Customer Signature, Title (or PO Number)
LEASE PROGRAM INFORMATION
Lease Company: US Bank
Monthly Payment: $968.00
Term: 60
Buyout: FMV
Included in Lease: ® Setup Supplies ® Maintenance (See Below) E Upgrade E Trade -In Removal
(Prior Service Agreement: I Keep Modify Cancel)
E Previous machine traded in —FBS to dispose ( Cust. Initials)
(Service Agreement price quoted is for first year only, automatically renewable at current rates, unless otherwise noted.)
per Year
30,000
COLOR
Date
I
1
Tom Frazier
ORDER
NUMBER
No trade in
Previous machine property of prior lease company
Customer to retain /dispose of previous machine
INOTE: IF SERVICE AGREEMENT IS NOT ACCEPTED AT INSTALLATION, SET -UP SUPPLIES ARE TO BE INVOICED TO CUSTOMER]
COMMENTS AND OTHER TERMS
Covers 0 Parts & Labor Only Parts, Labor, & Black Consumables
® Parts, Labor, & Black and Color consumables
Il Service Agreement is to be invoiced direct to customer
® Service Agreement is included in lease
$ 0.08000 Customer declines now, may opt for service agreement after warranty
0 Service Agreement is declined (requires customer initials
(Service Agreement is subject to terms and conditions on reverse side.)
Effective: (At date installed unless otherwise noted)
By signature below, the Customer orders the referenced equipment from Frontier Business Systems, Inc. Terms of purchase and service
contract must be specifically referenced above to be binding.
Sales Account Manager, FBS Date
SERVICE AGREEMENT TERMS AND CONDITIONS
DEFINITIONS:
CUSTOMER: Customer is the person(s), company, corporation, institution, or agency so named on the front of this agreement.
EQUIPMENT: Machines, Feature, or Accessory hardware described or named on the front of this agreement by make, model, type, serial number, function or any combination thereof.
FBS: Frontier Business Systems, Inc.
Frontier Business Systems agrees to provide such parts and labor as is necessary to maintain the Equipment listed on the face of this agreement in Good Operating
Condition, including replacement of parts that have broken or worn out through normal use. "Good Operating Condition" means the Equipment covered under this agreement
shall meet operational standards and perform all functions it is equipped to perform, as defined in the operator's manual, unless or until Reconditioning is deemed necessary
(see "Reconditioning" below.) Good Operating Condition does not mean equivalent to new.
TERMS & CONDITIONS:
1) BUSINESS HOURS FOR SERVICE: Service under this agreement shall be 10) EXCLUSIONS: Customer shall pay for all costs of repair, replacement of parts or
provided only during normal FBS business hours, which shall consist of 8:00 AM replacement of Equipment necessitated by any of the following:
to 5:00 PM, Monday through Friday, exclusive of FBS holidays and subject to a) use of non -OEM supplies;
change by FBS. b) accident, abuse, negligence, misuse, theft, fire, water, casualty, static
2) CONSUMABLE SUPPLIES: Consumable supplies are only included if so stated electricity, electrical surges or drops, natural force, acts of war, vandalism;
on the face of this agreement. Customer agrees to use only genuine supplies as or
defined by the Original Equipment Manufacturer (see Owner's Manual). c) service performed by any non -FBS personnel.
3) CONNECTIVITY SUPPORT: This agreement includes service, maintenance, and
technical support Equipment Connectivity hardware made by the OEM (including
software patches, drivers, firmware upgrades, or ROM version upgrades) and
designed or intended to enable the listed Equipment to connect to, communicate
with, or operate under the control of, a computer or computer network. FBS
personnel will not install any drivers or patches to Customer computers or
computer networks. The operation, functionality, configuration, maintenance, and
repair of Customer computers, computer networks, and related software, are the
sole responsibility of the Customer. The definitive test to be used to diagnose the
Equipment covered under this agreement shall be whether the Equipment can be
made to function properly when connected to an FBS computer. Once FBS has
ruled out the Equipment as the cause of connectivity problems, FBS's role shall
be to provide Customer with assistance in problem determination as may be
practicable. This assistance shall be provided at customer's request, at FBS's
current hourly rates.
Should customer make hardware, software, or configuration changes to
computers or computer networks that are connected to the Equipment after the
initial successful installation of Equipment covered under this contract, such
changes could disrupt one or more functions, or completely disable the
Equipment. Service or support resulting from such changes are not covered
under this agreement and will be billable at FBS's current hourly rate. Customer
must immediately advise FBS of any changes made to computer or computer
networks to which the Equipment is connected.
4) EXCESS COPIES: (Applies only to metered equipment.) Customer agrees to
pay excess copy charges for copies beyond the Copy Volume. "Copy Volume"
means the maximum number of copies, prints or scans to be made in a period as
specified in the agreement to which these terms apply. Should the specified
Copy Volume be exceeded prior to expiration of any applicable billing cycle,
customer agrees to pay the current excess copy charge for each copy in excess
of the specified Copy Volume. Invoices for excess copies will be tendered at or
before the end of the initial term and shall be due and payable immediately.
5) CANCELLATION OF SERVICE: Either party may cancel this agreement with 30
days written notice. If agreement has been prepaid, a refund will be given on a
prorated basis; however, in order to receive a refund where the Equipment is
metered, the customer must provide an ending meter reading to FBS. Prorated
refunds will be based on either the number of unused months or the number of
unused copies, whichever amount is lower. If agreement has not been prepaid,
the customer is responsible for paying service agreement charges until the end of
the 30 -day notice period. FBS may reapply any refund credit toward the
satisfaction of any past -due invoices for any other product or service.
6) LIQUIDATED DAMAGES: In the event of Customer default, nonpayment, or
voluntary termination, Customer promises to pay to FBS for any supplies or
service received on the equipment for periods that were unpaid. In addition,
Customer agrees to pay for services or supplies fumished by FBS within the last
30 days of the covered period that are in excess of 1/12th of the annual contract
amount.
7) SUSPENSION OF SERVICE: The service agreement is due to be paid on or
before its inception date as shown on the face of this document, or ten (10) days
after the date invoiced, whichever is later. Service will be suspended after the
due date if either payment or prior arrangements have not been made by that
time.
8) LOANER MACHINE: When /if completion of repairs to Customer Equipment
covered by this agreement will be delayed by more than two business days and
the Equipment is completely inoperable, FBS may offer a loaner machine as a
temporary replacement, subject to availability. Loaner machine may vary in
capability from Customer Equipment. This does not apply to remote locations.
9) AUTOMATIC RENEWAL: This Agreement shall automatically be renewed upon
expiration of the initial term, for successive renewal terms, at FBS's maintenance
rates in effect at the time of applicable renewal.
11) ELECTRICAL: It is the Customer's sole responsibility to supply adequate and
clean power to the Equipment. Equipment must be kept on an FBS - approved
power filter /surge protector.
12) INSTALLATION: Customer must provide an adequate site for the Equipment
(ventilation, power, etc.) as defined in the Equipment Owner's Manual. If notified
of a failure to meet installation requirements, Customer must remedy the situation
immediately; otherwise service may be suspended at FBS's discretion.
13) FORCE MAJEURE: Notwithstanding any terms contained herein, FBS shall not
be liable to Customer for either direct or consequential damages due to failure to
deliver or delays in delivery due to any cause beyond FBS's control, including but
not limited to fire, earthquake, flood, epidemic, accident, explosion, casualty,
strike, lockout, labor controversy, riot, civil disturbance, act of public enemy,
embargo, war, act of God, and governmental ordinance or law, the issuance of
any executive or judicial order, any inability to obtain materials or shipping space,
machinery breakdowns, delays of carrier, or suppliers.
14) ATTORNEYS' FEES; COSTS: In the event Customer defaults under this
Agreement, or if any other dispute arises hereunder requiring FBS to refer said
matter to an attorney and/or initiate, or defend, any court action in any way
related to this Agreement, Customer agrees to pay FBS's reasonable attorneys'
fees and costs resulting from such action.
15) JURISDICTION AND VENUE: This Agreement between Customer and FBS shall
be govemed by the laws of the state of Alaska. Venue shall be Anchorage,
Alaska, primary location for FBS.
16) NO MODIFICATION OF TERMS: Customer expressly acknowledges and agrees
that these terms and conditions may not be varied, modified or changed except
by written agreement executed by a corporate officer of FBS. No other personnel
have any authority to override this provision.
17) RELOCATION OF EQUIPMENT: Customer must notify FBS immediately prior to
Equipment relocation. This agreement does not cover relocation of Equipment
nor any damages resulting from relocation. FBS requires the Equipment be
prepared for the move and inspected afterward by FBS service personnel. This
service is billable; contact FBS for cost estimates.
18) RECONDITIONING: A machine or part of a machine may need reconditioning
due to age, high usage, accumulative amount of parts needed or a combination of
these factors. Reconditioning is not covered under this maintenance agreement.
At the time it is determined reconditioning is required FBS will provide a written
estimate to recondition or replace. If Customer does not authorize such work,
FBS may decline to renew this Agreement for such Equipment.
19) REMOTE LOCATIONS: Defined as any location more than 100 miles by road
from the nearest FBS office, or if travel by common carrier (airline, train, ferry, or
other transportation) is necessary. FBS reserves the right to determine which
Remote Locations it will support. If Consumable Supplies are included, they will
be shipped to Customer via "Best Way" prepaid. Customer will incur Trip Charges
for on -site service at Remote Locations for each service callout.
20) TRIP CHARGE: A trip charge is comprised of all expenses associated with travel
to Remote Locations, including but are not limited to: mileage, parking, cab, bus,
train, ferry, airfare, tolls, lodging, meals, and shipping. Each trip is treated as a
separate charge and is in addition to any other charges for services rendered,
When a trip is undertaken the trip charge will be $400.00 or all actual expenses,
whichever amount is greater. After the conclusion of each trip, all actual expenses
are added together then divided by the number of machines serviced during that
repair trip. Each Customer will be invoiced for one share of the trip for each
separate piece of Equipment the Customer had serviced on that trip.
21) OVERRIDING AGREEMENTS: If there is an overriding agreement concerning
this equipment that has been signed by both the customer and a Corporate
Officer of FBS, then that overriding agreement will prevail if there are conflicts
between the two agreements. The terms of this agreement shall prevail for any
terms not specified in such overriding agreement.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
SEPTEMBER 3, 2009 REGULAR MEETING
ITEM NO: 13.B.1
TITLE:
Resolution No. FY2010 -06 Adopting the Kodiak Area Coordinated Transportation Plan.
SUMMARY:
This resolution was requested by Assembly member Branson to express continued support to
KATS in its goal to provide safe and reliable transportation to those residents who need it the
most so they might remain living independently for as long as possible.
FISCAL NOTES:
Account No.:
Amount Budgeted:
Expenditure Required:
APPROVAL FOR AGENDA:
RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 -06.
Form Ver. 06/30/2009
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2010 -06
Introduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
Assembly Member Branson
Assembly Member Branson
Assembly Member Branson
09/03/2009
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
ADOPTING THE UPDATED KODIAK AREA COORDINATED TRANSPORTATION PLAN
WHEREAS, the Kodiak Human Services Coalition (HSC), which includes all Kodiak non - profit
providers, has been holding quarterly meetings since November 2002; and
WHEREAS, these sessions culminated in the preparation of the Kodiak Area Coordinated
Transportation Plan; and
WHEREAS, the Kodiak Area Coordinated Transportation Plan outlines the following:
1. Profiles of existing transportation services and equipment in the area.
2. Summarizes the known needs and gaps in the current available transit services.
3. Describes the methods used to involve the community in the formations of this plan and
summarizes the results of that involvement.
4. Provides several strategies for improvement to the service levels.
5. Outlines Projects for 2008 -10.
WHEREAS, the Kodiak Area Coordinated Plan is needed in order to receive Federal and State
funds for continuing the Kodiak Area Transit Systems (KATS) that has served the community
and local non - profits as a coordinated transit system since August 2000;
WHEREAS, KATS is the only coordinated transportation system in the state with more than 17
local non - profit agencies participating; and
WHEREAS, KATS is cost - efficient and is fundamental to the quality of life for many Kodiak
residents who cannot afford other means of transportation;
NOW THEREFORE, BE IT RESOLVED THAT THE KODIAK ISLAND BOROUGH ASSEMBLY
hereby adopts the updated Kodiak Area Coordinated Transportation Plan to express continued
support to KATS in its goal to provide safe and reliable transportation to those residents who
need it the most so they might remain living independently for as long as possible.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2009
ATTEST: Jerome M. Selby, Mayor
Nova M. Javier, MMC, Borough Clerk
KODIAK ISLAND BOROUGH
Kodiak Island Borough, Alaska Resolution No. FY2010 -06
Page 1 of 1
TITLE:
Resolution No. FY2010 -07 Adopting a State Legislative Capital Improvement Projects
Priority List for the 2010 Legislative Session.
SUMMARY:
This resolution compiles the list of legislative capital improvement priority projects for the Kodiak
Island Borough for the 2010 Legislative session. It is important to have this list completed early,
so that projects may be considered by the different state agencies and hopefully, be included in
the Governor's Capital Budget. This list will be forwarded to our legislative delegation, the
governor and any state agencies that would have oversight and /or involvement in the project.
Included with this memo is a copy of last year's legislative priority list.
FISCAL NOTES:
Account No.:
Amount Budgeted:
Expenditure Required:
APPROVAL FOR AGENDA:
RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 -07.
Form Ver. 06/30/2009
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
SEPTEMBER 3, 2009 REGULAR MEETING
ITEM NO: 13.B.2
Introduced by: Manager Gifford
Requested by: Borough Assembly
Drafted by: Special Projects Support
1 Christiansen
2 Introduced: 09/03/2009
3 Adopted:
4
5 KODIAK ISLAND BOROUGH
6 RESOLUTION NO. FY2010 -07
7
8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
9 ADOPTING A STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS
10 PRIORITY LIST FOR THE 2010 LEGISLATIVE SESSION
11
12 WHEREAS, the Kodiak Island Borough represents approximately 15,000 residents of the
13 Kodiak Island Archipelago living in six incorporated cities and one community governed by a
14 tribal council government; and
15
16 WHEREAS, a Borough —wide State legislative capital improvement program has been adopted
17 by the Kodiak Island Borough Assembly that identifies the major needs of the island community
18 for the next five years; and
19
20 WHEREAS, the Kodiak Island Borough has identified major projects to submit to the Alaska
21 State Legislative Delegation for funding consideration;
22
23 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
24 BOROUGH THAT:
25
26 Section 1: The Kodiak Island Borough's State Legislative capital improvement project
27 priorities for the 2010 legislative session are as follows:
28
29
30
1. Kodiak ADF &G Research Facility
Total cost for the project: $14,600,000
State funding request: $3,110,000
Locating a new Alaska Department of Fish and Game building on Near Island and
adjacent to its federal research facility counterpart will have many obvious advantages;
information sharing is just one. The real justification for a new state research facility is
the shortcomings found in the existing ADF &G building constructed in 1973. These
deficiencies were identified in the ASCG "Condition Survey" study of the existing
building performed in 2002. A second "Needs Assessment" report demonstrated that
there is a need for additional research and administrative space (approximately 60%
more), which includes basic lab space (which has been turned into office space in' the
existing building). Though the cost of construction of a new facility is estimated to be
over $14,000,000, the Borough is requesting $6,540,000 of that amount from the Exxon
Valdez Oil Spill (EVOS) Trustee Council. That request is associated with the "research"
portion of the facility. State grants in the amount of $4,950,000 have been provided to
ADF &G and the Borough for this project.
Kodiak Island Borough Resolution No. FY2010 -07
Page 1 of 5
31
32
33
2. New High SchoolNocational Education
Total cost for the project: $80,800,000
State funding request: $15,500,000
The existing Kodiak High School complex was built in 1966 with several additions and
renovations made throughout the years. The building is now functionally obsolete, is not
energy efficient, and is overcrowded. The full project will renovate all existing facilities of
the existing high school building and provide addition facilities to accommodate decades
of student population growth. Additionally, this project will renovate existing spaces of
the high school for administrative offices for School District -wide functions. A small
obsolete building will be demolished to make room for the new academic wing.
The primary objective of this project is to design the renovation of the existing facilities
for current and future vocational, academic, art, athletic, and rural needs, and to build
additional academic and common spaces to enrich the students' education with
essential student activities and regional community involvement. This renovation and
addition would capture the latest technology for energy efficiencies and sustainability.
Approximately $15,500,000 of the cost of this project is for vocational facilities that are
needed for the Kodiak Island region. Funding for this project will come from a Borough -
wide bond sale which will include local contribution and state reimbursement. Given the
state's responsibility to provide vocational education and training, and the significantly
higher costs vocational facilities add to the high school renovation, the Borough is
requesting legislative funding for the vocational portion of the renovation in the amount
of $15.5 million.
3. New Nursing Home — Planning and Design
Total cost for the project: $700,000
State funding request: $700,000
Kodiak Island's only long term care facility is in need of replacement. The "Care Center"
is housed in a former hospital wing that was never meant to be a nursing home. The
use of this space presents space, safety, security, and privacy concerns in an
institutional environment. Planning and pre - development activities are necessary to
determine the needs and financial feasibility of a new facility.
Kodiak Island Borough Resolution No. FY2010 =07
Page 2of5
34
35
36
37
38
4. Womens Bay Emergency Shelter
Total cost for the project: $1,500,000
State funding request: $1,025,000
There is no emergency shelter in the Womens Bay Community. Womens Bay is located
8 miles from town and 2 miles from the United States Coast Guard Support Center.
Should there be a tsunami that destroys the roads, or a rock slide at Womens Mountain
or Pillar Mountain, the community of 670 residents would be without support services. A
logical location for an emergency shelter is adjacent and attached to the Womens Bay
Fire Department. A 2,500 square foot addition with an emergency generator is
proposed. Department of Housing and Urban Development, Economic Development
Initiative funds in the amount of $475,000 have been appropriated for this project.
5. Emergency Generators for Schools /Emergency Shelters
Total cost for the project: $1,200,000
State funding request: $1,200,000
Many of our in -town and village school facilities act as emergency shelters during
extreme weather events or during times of natural or economic catastrophes. There is a
need to equip these school facilities with emergency generators to provide power for
sheltering needs and as back -up power during short term Toss of electricity. These
generators will be housed permanently at the school facilities and become part of the
building. Located at these sites, they can be tested, operated and maintained as part of
the service to the overall school building.
6. East Elementary Traffic Flow Improvements
Total cost for the project: $500,000
State funding request: $500,000
Design and reconfiguration of the existing parking area will reduce risks by providing for
a safer separation of pedestrians, small vehicle traffic and bus loading /unloading. A new
design will require an increase in the total area of the parking lot to allow adequate
parking to support increased building usage and occupant Toad.
7. Traffic Safety Lighting (City of Kodiak to United States Coast Guard Base)
Total cost for the project: $3,000,000
State funding request: $3,000,000
One road connects the City of Kodiak to the state airport, the U.S. Coast Guard Support
Center and neighborhoods located roughly south of town. This stretch of roadway
between the city limits and the Coast Guard Base is approximately five miles of dark,
two lane winding roadway with an average speed limit of 45 miles per hour. The lack of
street lighting is a significant safety concern along this section of heavily traveled road.
Kodiak Island Borough Resolution No. FY2010 -07
Page 3 of 5
39
40
41
8. Service Area Paving
State funding request: $2,000,000
This project addresses the on -going need to pave portions of Borough Service Area roads,
either main thoroughfares or busy neighborhood roads. Along with the paving of roads
would come improvements to major drainage course that runs through these areas.
Paving service area roads eliminates poor air quality experienced by the neighborhood.
Kodiak's road construction material is shale /mudstone that breaks down easily into fine air
borne dust and volcanic ash. Kodiak's rainy climate and winter freeze and thaw of road bed
material promotes major maintenance issues with the development of pot holes and
degradation of road surfaces.
Residents located within the paving area will contribute, through a local improvement
district, a percentage of the engineering and improvement costs. Due to the high cost of
asphalt, the Borough is seeking the state's financial assistance to help to reduce this cost to
the residents. The Borough's paving needs will be phased in and completed on a priority
basis as funding is available.
9. Baranof Park Improvements
Total cost for the project: $7,000,000
State funding request: $3,250,000
This project will replace the aging track, field drainage, and bleacher area in Baranof Park.
Improvements to the track include replacement of the existing 6 lane synthetic surface track
(the only regulation track in the Kodiak region) with an eight lane synthetic surface track to
allow for regional meets. In -field improvements will include a synthetic surface for multi-
purpose use and a "D" zone for field events. In addition, a synthetic surface is planned for
the second multi - purpose field located in the Park. Baranof Park is a regional recreational
facility that serves not only City residents, but the entire region. The Park serves as an
important educational facility for both the Kodiak Middle School and the Kodiak High
School, neither of which have any other outdoor educational facilities. Improvements. to
Baranof Park are estimated to cost $7 million, with at least half the cost of these
improvements attributed to Kodiak Island Borough School District use of the facility.
Preliminary engineering plans and bid specifications for the needed improvements have
been completed, but the City Tacks the funds to move forward with the needed
improvements. The community is requesting funding support for half the estimated cost of
constructing these important community and school district facilities.
Kodiak Island Borough Resolution No. FY2010 -07
Page 4 of 5
42
43
10. Rezanof Drive Pavement Rehabilitation and Upgrade
Total cost for the project: $10,000,000
State funding request: $10,000,000
Rezanof Drive is a major thoroughfare and is used extensively by citizens living along
the road system on Kodiak Island from Fort Abercrombie through the City of Kodiak and
past the Coast Guard base. It is also the main route of commerce connecting the City of
Kodiak to two important facilities: the state airport and the U.S. Coast Guard Support
Center; and connects residents with Fort Abercrombie State Park and other areas of
recreation. This road is owned and maintained by the State of Alaska Department of
Transportation & Public Facilities and is listed as number 29 out of 100 worst roads in
Alaska that need repair. Kodiak Island Borough is requesting support of this road
project which is included in the Statewide Transportation Improvements Program (STIP).
11. Peterson Elementary School Parking Lot Paving
Total cost for the project: $1,100,000
State funding request: $1,100,000
Peterson Elementary School is one of six "in- town" public schools of Kodiak. Each of
the other five schools has paved driveways and parking spaces. Peterson's surrounding
topography is very level thus making drainage a challenge. This weak drainage forces a
routine battle against the development of potholes throughout its gravel driveways and
parking areas. All surrounding public roadways within four miles of the school are
paved. Paving this school's driveways and parking will provide safer and cleaner
facilities for our students, faculty, staff and parents.
44
45 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our state
46 of Alaska delegation of the Capital Improvement Projects Priority List adopted by
47 the Kodiak Island Borough Assembly.
48
49 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
50 THIS DAY OF , 2009
51
52 KODIAK ISLAND BOROUGH
53
54
55
56 ATTEST: Jerome M. Selby, Borough Mayor
57
58
59
60 Nova M. Javier. MMC, Borough Clerk
Kodiak Island Borough Resolution No. FY2010 -07
Page 5 of 5
Introduced by: Manager Gifford
Requested by: Borough Assembly
CORRECTED VERSION Drafted by: Special Projects Support
1 Christiansen
2 Introduced: 09 /03/2009
3 Adopted:
4
5 KODIAK ISLAND BOROUGH
6 RESOLUTION NO. FY2010 -07
7
8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
9 ADOPTING A STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS
10 PRIORITY LIST FOR THE 2010 LEGISLATIVE SESSION
11
12 WHEREAS, the Kodiak Island Borough represents approximately 15,000 residents of the
13 Kodiak Island Archipelago living in six incorporated cities and one community govemed by a
14 tribal council government; and
15
16 WHEREAS, a Borough —wide State legislative capital improvement program has been adopted
17 by the Kodiak Island Borough Assembly that identifies the major needs of the island community
18 for the next five years; and
19
20 WHEREAS, the Kodiak Island Borough has identified major projects to submit to the Alaska
21 State Legislative Delegation for funding consideration;
22
23 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
24 BOROUGH THAT:
25
26 Section 1: The Kodiak Island Borough's State Legislative capital improvement project
27 priorities for the 2010 legislative session are as follows:
28
29
30
1. Kodiak ADF &G Research Facility
Total estimated cost for the project: $14 20,000,000
State funding request: $3 5,000,000
Locating a new Alaska Department of Fish and Game building on Near Island and
adjacent to its federal research facility counterpart will have many obvious advantages;
information sharing is just one. The real justification for a new state research facility is
the shortcomings found in the existing ADF &G building constructed in 1973. These
deficiencies were identified in the ASCG "Condition Survey" study of the existing
building performed in 2002. A second "Needs Assessment" report demonstrated that
there is a need for additional research and administrative space (approximately 60%
more), which includes basic lab space (which has been turned into office space in the
existing building). Though the cost of construction of a new facility is estimated to be
over $14,500,000 $20,000,000, the Borough is requesting $6 $10,000,000 of
that amount from the Exxon Valdez Oil Spill (EVOS) Trustee Council. That request is
associated with the "research" portion of the facility. State grants in the amount of
$4,950,000 have been provided to ADF &G and the Borough for this project.
Kodiak Island Borough Resolution No. FY2010 -07
Page 1 of 5
31
32
33
2. New High SchoolNocational Education
Total estimated cost for the project: $80,800,000
State funding request: $15,500,000
The existing Kodiak High School complex was built in 1966 with several additions and
renovations made throughout the years. The building is now functionally obsolete, is not
energy efficient, and is overcrowded with 800 students in a school that was built for 550.
The full project will renovate all existing facilities of the existing high school building and
provide addition facilities to accommodate decades of student population growth.
Additionally, this project will renovate existing spaces of the high school for
administrative offices for School District -wide functions. A small obsolete building will be
demolished to make room for the new academic wing.
The primary objective of this project is to design the renovation of the existing facilities
for current and future vocational, academic, art, athletic, and rural needs, and to build
additional academic and common spaces to enrich the students' education with
essential student activities and regional community involvement. This renovation and
addition would capture the latest technology for energy efficiencies and sustainability.
Approximately $15,500,000 of the cost of this project is for vocational facilities that are
needed for the Kodiak Island region. Funding for this project will come from a Borough -
wide bond sale which will include local contribution and state reimbursement. Given the
state's responsibility to provide vocational education and training, and the significantly
higher costs vocational facilities add to the high school renovation, the Borough is
requesting legislative funding for the vocational portion of the renovation in the amount
of $15.5 million.
3. New Nweing -Hems Long Term Care Facility — Planning and Design
Total estimated cost for the project: $1
State funding request: $700,000 1,365,000
Kodiak Island's only long term care facility is in need of replacement. The "Care Center"
is housed in a former hospital wing that was never meant to be a nursing home. The
use of this space presents space, safety, security, and privacy concerns in an
institutional environment. A new facility, modeled after the Green House® concept,
which feels more like a home than an institution is the preferred replacement. Planning
and pre - development activities are necessary to determine the needs and financial
feasibility of a new facility.
Kodiak Island Borough Resolution No. FY2010 -07
Page 2 of 5
4. Womens Bay Tsunami /Emergency Shelter
Total estimated cost for the project: $1,500,000
State funding request: $1,025,000
There is no emergency shelter in the Womens Bay Community. Womens Bay is located
8 miles from town and 2 miles from the United States Coast Guard Support Center.
Should there be a tsunami that destroys the roads, or a rock slide at Womens Mountain
or Pillar Mountain, the community of 674 700 residents would be without support
services. A logical location for an emergency shelter is adjacent and attached to the
Womens Bay Fire Department. A 2,500 square foot addition with an emergency
generator is proposed. Department of Housing and Urban Development, Economic
Development Initiative funds in the amount of $475,000 have been appropriated for this
project.
5. Emergency Generators for Schools/Emergency Shelters
Total estimated cost for the project: $1,200,000 2,400,000
State funding request: $1,200,000
Many of our in -town and village school facilities act as emergency shelters during
extreme weather events or during times of natural or economic catastrophes. There is a
need to equip these- 6614eel the Kodiak High School, East Elementary, North Star
Elementary, Peterson Elementary, Old Harbor village school, Port Lions village school,
and the Karluk village school facilities with emergency generators to provide power for
sheltering needs and as back -up power during short term loss of electricity. These
generators will be housed permanently at the school facilities and become part of the
building. Located at these sites, they can be tested, operated and maintained as part of
the service to the overall school building.
6. East Elementary Traffic Flow Improvements
Total estimated cost for the project: $500,000
State funding request: $500,000
Design and reconfiguration of the existing parking area will reduce risks by providing for
a safer separation of pedestrians, small vehicle traffic and bus loading /unloading. A new
design will require an increase in the total area of the parking lot to allow adequate
parking to support increased building usage and occupant load.
7. Traffic Safety Lighting (City of Kodiak to United States Coast Guard Base)
Total estimated cost for the project: $3,000,000
State funding request: $3,000,000
One road connects the City of Kodiak to the state airport, the U.S. Coast Guard Support
Center and neighborhoods located roughly south of town. This stretch of roadway
between the city limits and the Coast Guard Base is approximately five miles of dark,
two lane winding roadway with an average speed limit of 45 miles per hour. The lack of
Kodiak Island Borough Resolution No. FY2010 -07
Page 3 of 5
street highway lighting is a significant safety concern along this section of heavily
traveled road.
8. Service Area Paving
State funding request: $2,000,000
This project addresses the on -going need to pave portions of Borough Service Area roads.
There are approximately 26 miles of road among four Road Service Areas that connect
residential neighborhoods with the greater Kodiak community. Paving projects will address
either main thoroughfares or busy neighborhood roads
some as well as improvements to major drainage course that runs through these areas.
Paving service area roads eliminates poor air quality experienced by the neighborhood.
Kodiak's road construction material is shale /mudstone that breaks down easily into fine air
borne dust and volcanic ash. Kodiak's rainy climate and winter freeze and thaw of road bed
material promotes major maintenance issues with the development of pot holes and
degradation of road surfaces.
Residents located within the paving area will contribute, through a local improvement
district, a percentage of the engineering and improvement costs. Due to the high cost of
asphalt, the Borough is seeking the state's financial assistance to help to reduce this cost to
the residents. The Borough's paving needs will be phased in and completed on a priority
basis as funding is available.
9. Baranof Park Improvements
Total estimated cost for the project: $7,000,000 6,500,000
State funding request: $3,250,000
This project will replace the aging track, field drainage, and bleacher area in Baranof Park.
Improvements to the track include replacement of the existing 6 lane synthetic surface track
(the only regulation track in the Kodiak region) with an eight lane synthetic surface track to
allow for regional meets. In -field improvements will include a synthetic surface for multi-
purpose use and a "D" zone for field events. In addition, a synthetic surface is planned for
the second multi - purpose field located in the Park. Baranof Park is a regional recreational
facility that serves not only City residents, but the entire region. The Park serves as an
important educational facility for both the Kodiak Middle School and the Kodiak High
School, neither of which have any other outdoor educational facilities. Improvements to
Baranof Park are estimated to cost $6.5 million, with at least half the cost of these
improvements attributed to Kodiak Island Borough School District use of the facility.
Preliminary engineering plans and bid specifications for the needed improvements have
been completed, but the City lacks the funds to move forward with the needed
improvements. The community is requesting funding support for half the estimated cost of
constructing these important community and school district facilities.
Kodiak Island Borough Resolution No. FY2010 -07
Page 4 of 5
41
42
10.
Rezanof Drive Pavement Rehabilitation and Upgrade,
Phase II
Total estimated cost for the project: $40 6,000,000
State funding request: $1~0,000,000 6,000,000
Rezanof Drive is a major thoroughfare and is used extensively by citizens living along
the road system on Kodiak Island from Fort Abercrombie through the City of Kodiak and
past the Coast Guard base. It is also the main route of commerce connecting the City of
Kodiak to two important facilities: the state airport and the U.S. Coast Guard Support
Center; and connects residents with Fort Abercrombie State Park and other areas of
recreation. This road is owned and maintained by the State of Alaska Department of
Transportation & Public Facilities and is listed as number 29 out of 100 worst roads in
Alaska that need repair. Kodiak Island Borough is requesting support of this road
project which is included in the Statewide Transportation Improvements Program (STIP).
11. Peterson Elementary School Parking Lot Paving
Total estimated cost for the project:
State funding request:
$4 1,150,000
X00,0001,150,000
Peterson Elementary School is one of six "in -town" public schools of Kodiak. Each of
the other five schools has paved driveways and parking spaces. Peterson's surrounding
topography is very level thus making drainage a challenge. This weak drainage forces a
routine battle against the development of potholes throughout its gravel driveways and
parking areas. All surrounding public roadways within four miles of the school are
paved. Paving this school's driveways and parking will provide safer and cleaner
facilities for our students, faculty, staff, and parents.
43
44 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our state
45 of Alaska delegation of the Capital Improvement Projects Priority List adopted by
46 the Kodiak Island Borough Assembly.
47
48 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
49 THIS DAY OF , 2009
50
51 KODIAK ISLAND BOROUGH
52
53
54
55 ATTEST: Jerome M. Selby, Borough Mayor
56
57
58
59 Nova M. Javier. MMC, Borough Clerk
Kodiak Island Borough Resolution No. FY2010-07
Page 5 of 5
KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2009 -06
Introduced by: Manager Gifford
Requested by: KI Assembly
Drafted by: Special Projects Support
Christiansen
Introduced: 09/18/2008
Adopted: 09/18/2008
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
ADOPTING A STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS
PRIORITY LIST FOR THE 2009 LEGISLATIVE SESSION
WHEREAS, the Kodiak Island Borough represents approximately 15,000 residents of the
Kodiak Island Archipelago living in six incorporated cities and one community governed by a
tribal council government; and
WHEREAS, a Borough -wide State legislative capital improvement program has been adopted
by the Kodiak Island Borough Assembly that identifies the major needs of the island community
for the next five years; and
WHEREAS, the Kodiak Island Borough has identified major projects to submit to the Alaska
State Legislative Delegation for funding consideration;
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: The Kodiak Island Borough's State Legislative capital improvement project
priorities for the 2009 legislative session are as follows:
1. Kodiak Island Borough School Seismic Vulnerability Upgrades
Total cost for the project: $8,175,532
State funding request: $4,623,062
Kodiak School facilities have been examined for their ability to withstand earthquakes
that occur frequently in Kodiak. A structural engineering firm was contracted to perform
the calculations and review potential ground motions and determine how these buildings
would respond to ground shaking. Many of the buildings have been found to be
deficient, but with seismic retrofitting and a benefit/cost analysis that demonstrates that
these upgrades are cost efficient, these community facilities can have an extended
useful life. The facilities included in this funding request include the Kodiak High School
Library, Kodiak Middle School, Peterson Elementary School and the Ouzinkie Village
School. The total cost of the seismic upgrades for the above schools includes funding
Kodiak Island Borough Resolution No. FY2009 -06
Page 1 of 5
from FEMA grants totaling $2,252,470, a legislative grant of $910,000 and local funding
of $390,000 for a grand total of $3,552,470. The Kodiak Island Borough School District
has submitted this project funding request of $4,623,062 to DEED as the number one
project on their FY10 Six Year Capital Improvement Plan, and if approved, funding
would be provided through the DEED Major Maintenance Program.
2. Kodiak AD &FG Research Facility
Total cost for the project: $14,600,000
State funding request: $3,110,000
Locating a new Alaska Department of Fish and Game building on Near Island and
adjacent to its federal research facility counterpart will have many obvious advantages;
information sharing is just one. But the real justification for a new state research facility
is the shortcomings found in the existing ADF &G building constructed in 1973. These
deficiencies have been identified in the ASCG "Condition Survey" study of the existing
building performed in 2002. A second "Needs Assessment" report demonstrated that
there is a need for additional research and administrative space (approximately 60%
more), which includes basic lab space (which has been turned into office space in the
existing building). Though the cost of construction of a new facility is estimated to be
over $14,000,000, KIB is requesting $6,540,000 of that amount from the Exxon Valdez
Oil Spill (EVOS) Trustee Council. That request is associated with the "research" portion
of the facility. State funds in the amount of $4,950,000 have been provided to ADF &G
and the Borough for this project.
3. New High SchoolNocational Education
Total cost for the project: $115,300,000
State funding request: $23,000,000
The existing Kodiak High School Complex was built in 1966, with several additions and
renovations made throughout the years. The building is now functionally obsolete, is not
energy efficient and is overcrowded. This project will construct a new high school
building on the present site, renovate the newest portion of the existing building for
administrative offices, and demolish the remaining obsolete structures.
The primary objective of this project is to design and build a new high school with a
focus on current and future vocational and academic educational needs enriched by
essential student activities and regional community involvement. This new facility would
be built using the latest technology for energy efficiencies and sustainability.
Approximately $23 million of the cost of this project is for vocational facilities that are
needed for the Kodiak Island region. Funding for this project will come from a borough -
wide bond sale which will include local contribution and state reimbursement. The extra
space needed for vocational education causes the entire project to exceed the square
foot per student requirement which reduces any State bond reimbursement from 70% to
60% for this project. Given the state's responsibility to provide vocational education and
training, and the significantly higher costs vocational facilities add to the new high
school, the Borough is requesting legislative funding for the vocational portion of the
new high school in the amount of $23 million.
Kodiak Island Borough Resolution No. FY2009 -06
Page 2 of 5
4. New Nursing Home — Planning and Design
Total cost for the project: $700,000
State funding request: $700,000
Assessment and Analysis are the first steps necessary for planning the replacement of
Kodiak Island's only long term care facility. The current facility is housed in a former
hospital wing that was never meant to be a nursing home, presenting space, safety,
security, and privacy concerns in an institutional environment. Planning is necessary to
determine the needs and financial feasibility of a new facility.
5. Womens Bay Emergency Shelter
Total cost for the project: $800,000
State funding request: $800,000
There is no emergency shelter in the Womens Bay Community. Womens Bay is located
8 miles from town and 2 miles from the USGC Support Center. Should there be a
tsunami that destroys the roads, or a rock slide at Womens Mountain or Pillar Mountain,
the community of 670 residents would be without support services. A logical location for
an emergency shelter is adjacent and attached to the Womens Bay Fire House. A
proposed 2,500 square foot addition with an emergency generator is proposed.
6. Emergency Generators for Schools /Emergency Shelters
Total cost for the project: $1,200,000
State funding request: $1, 200,000
Many of our in -town and village school facilities act as emergency shelters during
extreme weather events or during times of natural or economic catastrophes. There is a
need to equip these school facilities with emergency generators to provide power for
sheltering needs and as back -up power during short term loss of electricity. These
generators will be housed permanently at the school facilities and become part of the
building. Located at these sites, they can be tested, operated and maintained as part of
the service to the overall school building.
7. East Elementary Traffic Flow Improvements
Total cost for the project: $495,000
State funding request: $495,000
Design and reconfiguration of the existing parking area will reduce risks by providing for
a safer separation of pedestrians, small vehicle traffic and bus loading /unloading. A new
design will require an increase in the total area of the parking lot to allow adequate
parking to support increased building usage and occupant load.
Kodiak Island Borough Resolution No. FY2009 -06
Page 3 of 5
8. Traffic Safety Lighting (City of Kodiak to United States Coast Guard Base)
Total cost for the project: $3,000,000
State funding request: $3,000,000
One road connects the City of Kodiak to the state airport, the U.S. Coast Guard Support
Center and neighborhoods located roughly south of town. The stretch of roadway
between the city limits and the Coast Guard Base is approximately five miles of dark,
two lane winding roadway with an average speed limit of 45 miles per hour. Street
lighting is a significant safety concern along this section of road.
9. Service Area Paving
Total cost for the project: $4,000,000
State funding request: $2,000,000
This project would address the need to pave portions of the service area either main
thoroughfares or busy neighborhood roads. Along with the paving of roads would come
improvements to major drainage course that runs through these areas.
Paving service area roads eliminates poor air quality experienced by the neighborhood
because Kodiak road construction material breaks down easily into fine air borne dust
and volcanic ash. Kodiak is at the right temperature for daily freeze of road bed material
that promotes major maintenance issues with the development of pot holes. The
Borough maintains approximately 25 miles of road within several service areas.
Residents located within the paving area will contribute, through a local improvement
district, a percentage of the engineering and improvement costs. Due to the high cost of
asphalt, the Borough is seeking the state's financial assistance to help to reduce the
cost to the residents. The Borough's paving needs exceed the total estimated project
budget; therefore projects will be phased in and completed on a priority basis as funding
is available.
10. Bayside Volunteer Fire Department Building Addition
Total cost for the project: $2,550,000
State funding request: $1,350,000
This proposed multi -use facility will be used to house fire fighting vehicles recently
purchased by the district as well as an emergency shelter during times of need. This
Fire Protection Area is the largest on Kodiak serving the majority of the population
outside the city limits of the City of Kodiak. The service area board has been setting
aside money each budget cycle towards the construction of this addition and will be a
major contributor in the financing of this facility. To date that amount is $1,200,000.
11. Baranof Park Improvements
Total cost for the project: $6,000,000
State funding request: $3,000,000
This project will replace the track and field drainage and bleacher area in Baranof Park.
The track is the only track located in the Kodiak region. In -field improvements will
include a synthetic surface for multi - purpose use and a "D" zone for field events. In
addition, a synthetic surface is planned for the second multi - purpose field located in'the
Kodiak Island Borough Resolution No. FY2009 -06
Page 4 of 5
12. Rezanof Drive Pavement Rehabilitation and Upgrade
Total cost for the project: $10,000,000
State Funding Request: $10,000,000
Funding for this project would repair eight (8) miles of ruts on Rezanof Dr. in order to
extend the service life of the existing pavement on this state owned road, part of the
Alaska Highway system. Approximately 8 miles of road from Abercrombie to the Coast
Guard base have deteriorated with ruts and breaking pavement and is in need of serious
repair which would include pavement overlay of the entire 8 miles. Rezanof Dr. is the
route connecting Kodiak with the state -owned airport and the US Coast Guard base.
Rezanof Dr. is a major thoroughfare and used extensively by citizens living on the road
system on Kodiak Island from Abercrombie through the City of Kodiak and past the
Coast Guard base. This road is owned and maintained by the State of Alaska
Department of Transportation & Public Facilities and is listed as number 29 out of 1.00
worst roads in Alaska that need repair and no funding has been identified by ADOT &PF
to make the necessary repairs. This road project is not included in the Statewide
Transportation Improvements Program (STIP) and could be years away from receiving
any federal -aid funds.
park. Baranof Park is a regional recreational facility that serves not only City residents,
but the entire region. The Park serves as an important educational facility for both the
Kodiak Middle School and the Kodiak High School, neither of which have any other
outdoor educational facilities. Improvements to Baranof Park are estimated to cost $6
million, with at least half the cost of these improvements attributed to Kodiak Island
Borough School District use of the facility. Detailed engineering plans and bid
specifications for these needed improvements will be completed this fiscal year. The
community is requesting funding support for half the estimated cost of constructing
these important community and school district facilities.
Section 2: The Kodiak Island Borough administration is hereby instructed to advise our state
of Alaska delegation of the Capital Improvement Projects Priority List adopted by
the Kodiak Island Borough Assembly.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS EIGHTEENTH DAY OF SEPTEMBER, 2008
KODIAK ISLAND BOROUGH
41
ATTEST: Jer
Nova M. Javier, CM
Kodiak Island Borough
Borough Clerk
ough M
e M. Selby, B
•
Resolution No. FY2009 -06
Page 5 of 5
TITLE:
SUMMARY:
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
SEPTEMBER 3, 2009 REGULAR MEETING
ITEM NO: 13.B.3
Resolution No. FY2010 -08 Appointing a Member to the Kodiak Fisheries Development
Association.
The Kodiak Island Borough and City of Kodiak have jointly designated the Kodiak Fisheries
Development Association (KFDA) as the eligible crab community entity (ECCE). The by -laws of
the KFDA provide for appointment of Directors to the Board by the Kodiak Island Borough
Assembly and the Kodiak City Council.
Two of the three joint KFDA Director seats' terms expired in July 2008. Ms. Linda Freed has
indicated her desire to be appointed to one of the expired joint seats for a term to expire July
2011. Since there is no Borough /City Joint Work Session currently scheduled, both the Borough
and City Managers proposed to present the appointment of Ms. Freed
Joint Appointees:
Stosh Anderson (7/10) (joint appointment)
Linda Freed (7/11) (ioint appointment) (seat previously held by Donna Jones exp. 7/2008)
Laine Welch (7/08) (joint appointment)
APPROVAL FOR AGENDA:
RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 -08.
Form Ver. 06/30/2009
1 Introduced by: Manager Gifford
2 Requested by: Borough Assembly
Drafted by: City Manager/
3 Borough Clerk
4 Introduced on: 09/03/2009
5 Adopted on:
6
7 KODIAK ISLAND BOROUGH
8 RESOLUTION NO. FY 2010 -08
9
10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPOINTING A
11 MEMBER TO THE KODIAK FISHERIES DEVELOPMENT ASSOCIATION
12
13 WHEREAS, the North Pacific Fishery Management Council adopted the Bering Sea /Aleutian
14 Islands Crab Rationalization Program as Amendments 18 and 19 to the Fishery Management
15 Plan for Bering Sea /Aleutian Islands King and Tanner Crabs; and
16
17 WHEREAS, under the Program, Kodiak was designated as an eligible crab community (ECC)
18 and in connection with such designation the Kodiak Island Borough and the City of Kodiak have
19 the authority to jointly exercise certain rights of first refusal (ROFR) with respect to processor
20 quota shares (PQS) allocated under the Program; and
21
22 WHEREAS, to exercise the ECC ROFR the Kodiak Island Borough and the City of Kodiak
23 have jointly designated the Kodiak Fisheries Development Association (KFDA) as the region's
24 eligible crab community entity (ECCE) having the authority to do so on their behalf; and
25
26 WHEREAS, the bylaws of the Kodiak Fisheries Development Association provide for
27 appointment of Directors to the Board of the KFDA by the Kodiak Island Borough Assembly and
28 the Kodiak City Council; and
29
30 WHEREAS, the bylaws of the KFDA state, in part, that Directors shall serve until their
31 successors are appointed and qualified; and
32
33 WHEREAS, two of the three joint KFDA Director seats' terms have expired; and
34
35 WHEREAS, Linda Freed has indicated her desire to be appointed to a joint seat on the KFDA
36 Board of Directors.
37
38 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
39 BOROUGH that the following individuals are appointed as Directors of the Kodiak Fisheries
40 Development Association, with the noted terms:
41
42 City Appointees:
43 Crab Processor Rep. - Mike Woodruff (7/10) (appointment)
44 Crab Harvester Rep. - Jeff Stephan (7/11) (reappointment)
45
46 Joint Appointees:
47 Stosh Anderson (7/10) (joint appointment)
48 Linda Freed (7/11) (joint appointment)
49 Laine Welch (7/08) (joint appointment)
50
51 Borough Appointees:
52 Crab Processor Rep. — Tuck Bonney (7/12) (reappointment)
53 Crab Harvester Rep. — Jerry Bongen (7/12) (reappointment)
Kodiak Island Borough Resolution No. FY2010 -08
Page 1 of 2
54
55
56 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
57 THIS DAY OF 2009
58
59 KODIAK ISLAND BOROUGH
60
61
62
63 Jerome M. Selby, Borough Mayor
64
65 ATTEST:
66
67
68
69 Nova M. Javier, MMC, Borough Clerk
Kodiak Island Borough Resolution No. FY2010 -08
Page2of2
KODIAK ISLAND BOROUGH
ASSEMBLY MEETING
Regular Meeting of: QVI bev ,� , 0
Please PRINT your name Please PRINT your name
Kodiak Island Borough
Assembly Regular Meeting Guidelines
September 3, 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 Friend who is absent
due to personal leave.
VOICE VOTE ON MOTION.
4. APPROVAL OF AGENDA AND CONSENT AGENDA
All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly
and will be approved by one motion. There will be no separate discussion of these items unless an
Assembly member so requests, in which case the item will be removed from the consent agenda and
considered in its normal sequence on the agenda. All items in yellow are consent agenda items.
Summary of Consent Agenda Items:
*Regular Meeting of July 16, 2009 and Special Meeting of July 30, 2009.
*Resolution No. FY2010 -06 Adopting the Kodiak Area Coordinated
Transportation Plan.
*Resolution No. FY2010 -08 Appointing a Member to the Kodiak Fisheries
Development Association.
Recommended motion: Move to approve the agenda and consent agenda as
submitted.
VOICE VOTE ON MOTION.
5. APPROVAL OF MINUTES
A. *Regular Meeting of July 16, 2009 and Special Meeting of July 30, 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.
8. COMMITTEE REPORTS
Kodiak Island Borough Assembly Guidelines
September 3, 2009 Page 1
9. PUBLIC HEARING
A. 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.
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.
10. BOROUGH MANAGER'S REPORT
11. MESSAGES FROM THE BOROUGH MAYOR
12. UNFINISHED BUSINESS - None
13. NEW BUSINESS
A. Contracts
1. Contract No. FY2010 -16 Cooperation Agreement Between the Kodiak Island
Borough and the Kodiak Island Housing Authority.
Recommended motion: Move to authorize the Manager to sign Contract No.
FY2010 -16 Cooperation Agreement between the Kodiak Island Borough and
Kodiak Island Housing Authority.
Staff Report — Manager Gifford
Assembly discussion.
ROLL CALL VOTE ON MOTION.
2. Contract No. FY2010 -17 Lease Agreement Between the Kodiak Island Borough
and Frontier Business Systems, Inc. for Two Bizhub C552 Imaging Systems.
Recommended motion: Move to authorize the Manager to execute Contract
No. FY2010 -17 Lease Agreement between the Kodiak Island Borough and
Frontier Business Systems, Inc. for Two Bizhub C552 Imaging Systems.
Staff report — Manager Gifford
Assembly discussion.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
September 3, 2009 Page 2
B. Resolutions
1. *Resolution No. FY2010 -06 Adopting the Kodiak Area Coordinated
Transportation Plan.
2. Resolution No. FY2010 -07 Adopting a State Legislative Capital Improvement
Projects Priority List for the 2010 Legislative Session.
Clerk's Note: A corrected version of Resolution No. FY2010 -07 is attached on
paper. Copies have been made available to the public.
Recommended motion: Move to adopt Resolution No. FY2010 -07.
Staff report — Manager Gifford
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
3. *Resolution No. FY2010 -08 Appointing a Member to the Kodiak Fisheries
Development Association.
C. Ordinances for Introduction — None.
D. Other Items — None.
14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.)
Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736.
Please ask speakers to sign in and state their name for the record.
15. ASSEMBLY MEMBER COMMENTS
Announcements — Mayor Selby
The Assembly work session scheduled for Thursday, September 10, 2009 and the
regular meeting scheduled for Thursday, September 17, 2009 have been cancelled.
The next Assembly work session will be held on Thursday, September 24, 2009 at 7:30
p.m. in the Borough Conference Room. The next regular meeting is scheduled on
Thursday, October 1, 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
September 3, 2009 Page 3
BY: +\ \/
SECOND: V....i
n\
S t . ,„, A 0 9'
Li
. eld ‘,., 0)0(
BY: g
SECOND:
1
C112
) I
■ i (
BY[
SECOND:
tip ,
O \l ' 0.Y'
0 i 'Ib.
V'
*
BY: 7
SECOND:
0
BY:
SECOND:
6)\
1
5 ,
1,\1/
VI
YES /
NO
YES
NO
YES
NO
YES
NO
YES,,
NO
Ms. Branson
✓
Ms. Branso
Ms. Bransor
✓
Ms. Branson
✓
Ms. Branson
_2
titi=erivizi
Ms. Fulp
V
Ms. Fulp
Ms. Fulp 1
✓
Ms. Fulp
i
Ms. Fulp
/
Ms. Jeffrey
Y
Jeffrey
Ms. Jeffrey
Jeffrey
l
Ms. Jeffrey
V
Mr. Kaplan
i
Mr. Kaplan
Mr. Kaplan
/
Mr. Kaplan
✓
Mr. Kaplan
f
Ms. Lynch
1
Ms. Lynch
Ms. Lynch
✓
Ms. Lynch
/'
Ms. Lynch
Ms. Stutes
✓
Ms. Stute
Ms. Stutes
✓
Ms. Stutes
f
Ms. Stutes
CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?
TOTAL:
V
0
TOTAL:
0
TOTAL:
+
TOTAL:
0
TOTAL:
r n
0
The mayor may not v e except in the case when only six members of the assembly are present and there is a three /three tie vote of the assembly.
Y P Y Y .
P Y
Mayor Selby
Mayor Selby
Mayor Selby
Mayor Selby
Mayor Selby
Regular y Special
Convened:
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET 0/0g
Date:
Adjourned: 7 p, .
)?\
BY:
SECOND: �.
c
BY:
SECOND:
\e
v e
0' „,,k
/
Ac) 4° '
BY: S' v
SECOND: 1
BY:
SECOND:
BY:
E
S CO ND:
YES
NO
YES
NO
YE
NO
YES
NO
YES
NO
Ms. Branson
✓
Ms. Branson
('
Ms. Branson
/
Ms. Branson
Ms. Branson
ME..FxieRel
i l
7 . nen •
1
Mr. Frien&
r.
=
Ms. Fulp
✓
Ms. Fulp
Ms. Fulp
Ms. Fulp
Ms. Fulp
Ms. Jeffrey
✓
Ms. Jeffrey
Ms. Jeffrey
✓
Ms. Jeffrey
Ms. Jeffrey
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
CHANGE OF VOTE ?,CHANGE OF VOTE. CHAN c
E OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?
TOTAL:
U
li
TOTAL:
11
TOTAL:
0
TOTAL:
TOTAL:
The mayor may not vote except in the case whey only six of the assembly are present and there is a three /three tie vote of the assembly.
wher7only
Mayor Selby
Mayor Selby
Selby
Mayor Selby
Mayor Selby
Regular Special
Convened:
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET / �
Date: q /400
Adjourned: — I •C)