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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)