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2010-07-15 Regular Meeting
Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, July 15, 2010, 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. * Regular Meetings of June 3 and June 17, 2010, and Special Meeting of June 10, 2010. 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter 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 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 1. Contract No. FY2011 -01 Assembly Chambers Electronics Remodel. 2. Contract No. FY2011 -02 A Professional Services Contract to Update Title 16 Subdivision, Title 17 Zoning, and Title 18 Borough Real Property of the Kodiak Island Borough Code. 3. Contract No. FY2011 -03 Kodiak Middle School /East Elementary Fuel Tank Replacement Project. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 B. Resolutions 1. Resolution No. FY2011 -03 Approving Fiscal Year 2011 Kodiak Island Borough Non - Profit Funding. C. Ordinances for Introduction 1. Ordinance No. FY2011 -02 Submitting the Question of the Adoption of a Sales Tax to the Qualified Voters of the Borough at the October 5, 2010 Regular Election. 2. Ordinance No. FY2011 -03 Amending Kodiak Island Borough Code of Ordinance Title 1 General Provisions. 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. Planning and Zoning Commission Special Meeting of May 12, 2010 and Regular Meeting of May 19, 2010. 2. Service Area No. 1 Board Meeting of April 13, 2010. B. Reports 1. Kodiak Island Borough School District Board of Education Regular Meeting Summary of June 21, 2010. 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 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, June 3, 2010, 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. KODIAK ISLAND BOROUGH Assembly Regular Meeting June 3, 2010 The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Pat Branson, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Department Director Bud Cassidy, Engineering and Facilities Director Woody Koning, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA BRANSON moved to approve the agenda as submitted. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting minutes of April 1, 2010. KAPLAN moved to approve the regular meeting minutes of April 15, 2010, as submitted. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. AWARDS AND PRESENTATIONS Mayor Selby presented a plaque of recognition and appreciation to Aida Sallows, widow of Steve Kreber, for his sixteen years of dedicated service to the Borough. CITIZENS' COMMENTS Nick Troxell spoke on Contract No. FY2010 -10. Wilma Cox Eric Enqvall Switquard Duesterloh Mary Guilas - Hawver, Ellen Ross, Erin Harrington Jocene Warneke Alli Borton Ben Millstein Donna Jones, Val Miller, Dave Shuckmann Deb Holden - Enqvall Zoya Saltonstall Heather Preece Cheryl Boehland Cliff Ford Daisy West and Ken Reinke spoke in support of Contract No. FY2010 -10. Mary Carter - Campbell spoke on the Math Recovery Program at Kodiak High School. Kodiak Island Borough Assembly Minutes June 3, 2010 Page 786 COMMITTEE REPORTS Assembly member Friend reported that the Architectural /Engineering Review Board met and reviewed three construction projects that were in progress. PUBLIC HEARING 1. Ordinance No. FY2010 -01C Amending Ordinance No. 2010 -01 Fiscal Year 2010 Budget by Amending Budgets to Account for Various Revenues that are Over Budget, Provide for Additional Expenditures, Budget New Projects, Accept Grants, and Move Funds Between Projects. KAPLAN moved to adopt Ordinance No. FY2010 -01 C. This ordinance: • Reduced the budget for real and personal property taxes by $31,000 in the General Fund budget. • Increased the General Fund Licenses and Permits budget by $20,000. • Reduced the General Fund Federal Shared Revenue budget by $97,837. • Reduced the General Fund Off-Shore Raw Fish Tax revenue budget by $32,030. • Increased the General Fund Cruise Ship revenue budget by $25,500. • Increased the General Fund interest earnings revenue budget by $50,000. • Increased the anticipated use of the General Fund Balance to $456,397. • Increased the General Fund Engineering /Facilities Department budget by $60,000. • Increased the General Fund Animal Control Department budget by $1,625. • Increased the General Fund transfers out by $329,405. ($29,405 to debt service, $250,000 for a code update, and $50,000 for a road system trails plan.) • Moved $95,000 from the General Fund to Fund 450 — Capital Projects to cover the expenses of a failed oil tank at the Chiniak School. • Increased the Land Sale Fund budget $73,298 to cover costs associated with the 2009 flood. • The Building and Grounds fund received an additional $11,070 from the school district for building rent. • The Building and Grounds fund transferred $95,000 to Capital Projects fund 450 to remediate the Chiniak School oil spill. • Increased the Womens Bay Road Service Area budget $173,405 to cover costs associated with the 2009 flood. • Increased the Monashka Bay Road Service Area budget $43,816 to cover costs associated with the 2009 flood. • Reduced the transfer from the Facilities Fund to the Debt Service Fund by $29,405. • Moved available balances in some projects in Funds 410 (Borough Capital Projects), 420 (GO Bond Projects), 430 (State Capital Grants), and 450 (Capital Projects) to other projects in Funds 410,420, 430, and 450. • Accepted a $475,000 HUD grant and authorized the Manager to execute. • Accepted a $8,872 Rural Firefighters Association grant and authorized the Manager to execute. • Accepted a $4,144 Volunteer Firefighters Association grant and authorized the Manager to execute. • Accepted a $90,000 Community Development block grant for Care Center design (project 09010) and authorized the Manager to execute. BRANSON moved to amend Ordinance No. FY2010 -01C by substitution. Kodiak Island Borough Assembly Minutes June 3, 2010 Page 787 ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. Assembly members Jeffrey and Lynch noted that they served on the Kodiak Maritime Museum board. Mayor Selby ruled that there was no conflict of interest for either Assembly member. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. 2. Ordinance No. FY2011 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal year Commencing on the First Day of July 2010 and Ending on the Thirtieth Day of June 2011 (Fiscal Year 2011 Budget). BRANSON moved to adopt Ordinance No. FY2011 -01. This ordinance included funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, and Enterprise Funds. This ordinance would also levy a tax on the real and personal property within the Borough as well as upon natural resources extracted and removed from the Borough. Manager Gifford presented amendments that had been made to the budget from the previous work session. BRANSON moved to amend Ordinance No. FY2011 -01 by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. Mayor Selby opened the public hearing. Kodiak Island Borough School District Superintendent Stewart McDonald spoke on Ordinance No. FY2011 -01. Mayor Selby closed the public hearing. JEFFREY moved to amend Ordinance FY2011 -01 by deleting the two additional positions from the budget. FULP moved to further amend Ordinance FY2011 -01 by changing the Administrative Assistant position to a part-time, non -union position with full benefits. ROLL CALL VOTE ON MOTION TO AMEND THE ADMINISTRATIVE ASSISTANT POSITION FAILED SIX TO ONE: Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend (Noes); Fulp (Aye). ROLL CALL VOTE ON MOTION TO AMEND FAILED FIVE TO TWO: Kaplan, Lynch, Branson, Friend, and Fulp (Noes); Jeffrey and Stutes (Ayes). Kodiak Island Borough Assembly Minutes June 3, 2010 Page 788 ROLL CALL VOTE ON MAIN MOTION CARRIED SIX TO ONE: Lynch, Branson, Friend, Fulp, Jeffrey, and Kaplan (Ayes); Stutes (No). BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Governor Parnell announced cuts to the budget. ADF &G Facility will go before the voters as a bond proposition at the General Election on November 2, 2010. • Thanked the Assembly for its support of the budget. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on his attendance at the National Association of Counties Western Interstate Region Conference. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2010 -10 Extension of the Recycling Contract with Threshold Services Inc. BRANSON moved to authorize the manager to execute the optional one -year extension for Contract No. FY2010 -10 with Threshold Services, Inc. of Kodiak, Alaska for a time and materials contract estimated to be $250,000. The Kodiak Island Borough's landfill enterprise fund was financed through user fees; these revenues covered costs for the landfill operation, compliance, disposal costs, and community recycling efforts. Threshold Services, Inc., a private non - profit entity, maintained a receiving, handling, processing, storage, and marketing operation for recyclable materials in Kodiak for shipment to markets off - island. Threshold achieved this through its goal to provide work and training for persons with disabilities or who were chronically not employable. The Borough's recyclable material included those items brought by the public to Threshold's location on Von Scheele, as well as the material picked up by Threshold at various business locations, and the community cardboard dumpster deliveries paid for through the Borough's contract with Alaska Waste. The contract with Threshold was based on the amount of recyclables shipped off island (similar to a time and materials contract) and it was estimated that the contract would total $250,000 which was what had been budgeted for in the proposed FY2011 budget. Assembly member Lynch disclosed that she sat as the president of Threshold's Board of Directors. Mayor Selby ruled that Assembly member Lynch did not have a personal financial interest and was allowed to vote on the contract. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. Kodiak Island Borough Assembly Minutes June 3, 2010 Page 789 Resolutions 1. Resolution No. FY2011 -02 Reestablishing the Fees of the Kodiak Island Borough. JEFFREY moved to adopt Resolution No. FY2011 -02. Prudent financial management dictated that an organization review its fees on at least an annual basis. KIBC 3.10.190 required that not less than on the beginning of every calendar year, the finance director would prepare a list of all fees for services charged by the various departments of Borough government. The list was submitted to the departments involved for comments concerning the fees and a recommendation as to whether or not the fee or fees should be raised, lowered, or remain the same. Finance Director Short submitted a report of his findings, including the department comments and recommendations, to the Manager for presentation to the Assembly. Staff compiled a list of current fees and recommended several changes to the fee resolution; most of these changes were in the Solid Waste Collection and Disposal Section. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. Ordinances for Introduction None. Other Items None. EXECUTIVE SESSION A. Review of the Legal Opinion Regarding Garbage Lien. JEFFREY moved to convene into executive session to review the legal opinion regarding the garbage lien which qualifies for executive session as potential or pending litigation to which the Borough may become or is a party. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. Mayor Selby recessed the regular meeting and convened the executive session at 9:30 p.m. Upon returning from the executive session, Mayor Selby reconvened the regular meeting at 10:25 p.m. and announced no action was to be taken as a result of the executive session. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Stutes stated her reason for voting against the Ordinance No. FY2011 -01 was due to the two new positions. Assembly member Kaplan thanked Finance Director Short and Borough staff for their hard work on the budget. Kodiak Island Borough Assembly Minutes June 3, 2010 Page 790 Assembly member Jeffrey noted there was good discussion on the FY2011 budget. Assembly member Fulp thanked Jamin Law Office for its hard work throughout the years. Assembly member Branson noted she looked forward to FY2011. Announcements Mayor Selby announced that the next Assembly work session would be held on Thursday, June 10, 2010, at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, June 17, 2010, at 7:30 p.m. in the Borough Assembly Chambers. The Assembly will hold a special meeting on Thursday, June 10, 2010, at 7:30 p.m. in the Borough Conference Room. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. The meeting adjourned at 10:30 p.m. Nova M. Javier, MMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes June 3, 2010 Page 791 KODIAK ISLAND BOROUGH Assembly Special Meeting June 10, 2010 A special meeting of the Kodiak Island Borough Assembly was held on Thursday, June 10, 2010, 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, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. JEFFREY moved to excuse Assembly member Branson who was absent for personal reasons. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS' COMMENTS Randy Schuster with Kodiak Towing inquired about a Borough contract for the towing of cars. Wade Ball and Carmen Lunde spoke against an alcohol and /or tobacco tax. Shawn Dochtermann spoke about the Rockfish Pilot program. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Ordinance No. FY2010 -09 Amending Title 16 Subdivision Chapter 16.90 Appeals to the Assembly Section 16.90.100 Hearing Examiner and Title 17 Zoning Chapter 17.225 Appeals to the Board of Adjustment Section 17.225.090 Hearing Examiner. FRIEND moved to adopt Ordinance No. FY2010 -09 in first reading to advance to public hearing at the next regular meeting of the Assembly. KIBC provided no other guidance on the qualifications or standards for a hearing officer under 16.90.100 and 17.225.090 which had been in effect since 1990 or 1991. There was no guidance under AS 29.40.050 which had been in effect at least since 1985. In 2004 the Alaska Legislature authorized the creation of the Office of Administrative Hearings in AS 44.64. The statute referred to the hearing officers in its department as administrative law judges (ALJs). Among other things, AS 44.64 set standards for ALJs (AS 44.64.040), established a code of conduct for them (AS 44.64.050), and set procedures for hearings (AS 44.64.060). The state had already established the qualifications and standards for hearing officers. The suggested code changes would allow the Borough to immediately refer appropriate appeals to the Office of Administrative Hearings rather than first obtaining an Assembly resolution. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. ADJOURNMENT FRIEND moved to adjourn the meeting. Kodiak Island Borough Assembly Minutes June 10, 2010 Page 1 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Friend. The meeting adjourned at 7:55 p.m. ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes Page 2 June 10, 2010 KODIAK ISLAND BOROUGH A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, June 17, 2010, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Jerrol Friend, Sue Jeffrey, Dave Kaplan, and Chris Lynch. Staff members present were Manager Rick Gifford, Community Development Department Director Bud Cassidy, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. KAPLAN moved to excuse Assembly members Branson, Fulp, and Stutes who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda as submitted. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting minutes of May 6, 2010, were approved under the consent agenda. AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS None. KODIAK ISLAND BOROUGH Assembly Regular Meeting June 17, 2010 COMMITTEE REPORTS Trevor Brown Kodiak Chamber of Commerce Economic Development Specialist, provided an update on the Chamber's latest activities and events. Assembly member Friend reported on the Architectural Review Board proceedings. PUBLIC HEARING A. Ordinance No. FY2010 -09 Amending Title 16 Subdivision Chapter 16.90 Appeals to the Assembly Section 16.90.100 Hearing Examiner and Title 17 Zoning Chapter 17.225 Appeals to the Board of Adjustment Section 17.225.090 Hearing Examiner. JEFFREY moved to adopt Ordinance No. FY2010 -09. Kodiak Island Borough Assembly Guidelines June 17, 2010 Page 1 The KIBC provided no other guidance on the qualifications or standards for a hearing officer under 16.90.100 and 17.225.090 which had apparently been in effect since 1990 or 1991. There was likewise no guidance under AS 29.40.050 which had been in effect since at least 1985. In 2004, the Alaska Legislature authorized the creation of the Office of Administrative Hearings in AS 44.64. The statute referred to the hearing officers in its department as administrative law judges (ALJs). Among other things, AS 44.64 set standards for ALJs (AS 44.64.040), established a code of conduct for them (AS 44.64.050), and set procedures for hearings (AS 44.64.060). In short, the State had established the qualifications and standards for hearing officers. The suggested code changes would allow the Borough to immediately refer appropriate appeals to the Office of Administrative Hearings rather than first obtaining an Assembly resolution. Mayor Selby opened the public hearing. Mel Stephens spoke against Ordinance No. FY2010 -09. Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Kaplan, and Lynch. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • The fire hydrant on Island Circle had been repaired. • Personnel for the GIS Analyst position had been hired. • The Code Enforcement Officer job description had been presented to the Personnel Advisory Board and was being advertised. • Gave an update on Contract No. FY2010 -30 Solid Waste Collections Contract and the arrival of the new rolling carts. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby wished everyone a great summer. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2010 -38 Between the Kodiak Island Borough and the Kodiak Chamber of Commerce of Kodiak, Alaska for Economic Planning and Project Development Within the Kodiak Island Borough for FY2011. JEFFREY moved to authorize the manager to execute Contract No. FY2010 -38 with Kodiak Chamber of Commerce of Kodiak, Alaska for Economic Planning and Project Development within the Kodiak Island Borough for FY2011 in the amount not to exceed $45,000. Kodiak Island Borough Assembly Guidelines June 17, 2010 Page 2 The Kodiak Island Borough had participated in a community -based economic development program operated by the Kodiak Chamber of Commerce for many years. Funding support from the Borough and the City of Kodiak would be used to provide an Economic Development Committee and staff to focus on economic development planning and project development in the Kodiak Region. Those who served on the Economic Development Committee would be drawn from the Kodiak Island community with representatives from the City of Kodiak, Kodiak Island Borough, Kodiak Island outlying communities, and the Kodiak Chamber of Commerce. The contract renewed the relationship for the 2011 fiscal year. The duties to be accomplished for this period were outlined in the agreement. Section 2b included an additional duty to attend local, state, and federal fisheries meetings on behalf of the Borough. The contract was increased an additional $2,000, from $43,000 to $45,000 for the additional duty. In addition, travel expenses for these meetings would be divided between the Borough and the City of Kodiak. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, and Friend. 2. Contract No. FY2010 -39 Between the Kodiak Island Borough and the Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services for FY2011. FRIEND moved to authorize the manager to execute Contract No. FY2010 -39 with the Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services for FY2011 in the Amount Not to Exceed $60,000. The Kodiak Island Convention and Visitors Bureau (KICVB) had been providing destination marketing and tourism development for the Kodiak Island Borough for several years through its Marketing Committee. Funding support from the Borough and the City of Kodiak was used to support the KICVB. The Borough funded the KICVB from the Borough's bed tax revenue. The contract renewed this relationship for the 2011 fiscal year. The duties to be accomplished for this period were outlined in the agreement and included an increase of $5,000 as requested by the KICVB. ROLL CALL VOTE ON MOTION CARRIED UNANIMOULSY: Kaplan, Lynch, Friend, and Jeffrey. Resolutions 1. Resolution No. FY2010 -35 Adopting the Comprehensive Economic Development Strategy (CEDS) 2010. KAPLAN moved to adopt Resolution No. FY2010 -35. Kodiak Chamber of Commerce was the recognized economic development organization on Kodiak Island and had entered into a contract with the City of Kodiak and the Kodiak Island Borough to provide economic development planning and leadership for the Kodiak Island communities. Kodiak Chamber of Commerce established an Economic Development Committee to develop and review a Comprehensive Economic Development Strategy which Kodiak Island Borough Assembly Guidelines June 17, 2010 Page 3 was the first step in the process of taking advantage of the many grant and assistance programs available through the U.S. Department of Commerce Economic Development Administration. Kodiak Chamber of Commerce would assist the communities of Kodiak Island in the planning and development of the strategies and activities that those communities found were necessary to successfully engage in pursuing desired economic growth and business development which was compatible with local needs and lifestyles. In addition, Kodiak Chamber of Commerce was also actively pursuing opportunities to work with other communities in the Southwest region and worked cooperatively with the Southwest Alaska Municipal Conference. ROLL CALL VOTE ON MOTION CARRIED UNANIMOULSY: Lynch, Friend, Jeffrey, and Kaplan. 2. Resolution No. FY2010 -36 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. This item was approved under the consent agenda. Kodiak Island Borough Code 2.40.160 provided for the destruction of records which were certified by the clerk and attorney as having no legal or administrative value, or historical interest. The list of records was not of historical, legal, nor administrative value and had met the minimum retention requirements. 3. Resolution No. FY2010 -37 Appointing the Kodiak Island Borough Attorney. FRIEND moved to adopt Resolution No. FY2010 -37. This resolution was in compliance with KIBC 2.65.020 which states that the Assembly shall appoint the attorney by resolution. The current contract with Jamin Law Office would expire June 30, 2010. The Borough went out for Requests for Proposal (RFP) and interviewed the respondents on May 13 and May 27, 2010. Out of the three interviewed, Wohlforth, Johnson, Brecht, Cartledge & Brooking was selected by the Assembly to become the new legal counsel to be recognized as the Borough Attorney. This resolution also authorized the Manager to execute a contract with the law firm of Wohlforth, Johnson, Brecht, Cartledge & Brooking. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Kaplan, and Lynch. Ordinances for Introduction None. Other Items Mayor Selby recessed the regular meeting and convened the Board of Adjustment at 8:16 p.m. 1. BOARD OF ADJUSTMENT An Appeal of the Planning and Zoning Commission's Decision on Case No. 10 -013 of March 10, 2010, Overturning an Administrative Order Resulting in the Issuance of a Notice of Violation Regarding the Use of Lot 10, Block 1, Pasagshak Subdivision for a "Full- Service Lodge, Including Room Accommodations, Meals, Guiding, and Transport Services." The appellants are seeking specific relief. Appellants: Richard and Nancy Diemer. Kodiak Island Borough Assembly Guidelines June 17, 2010 Page 4 Mayor Selby announced that 60 appeal hearing notices were mailed. 20 written comments were returned and provided to the Board of Adjustment. Mayor Selby announced that the Board of Adjustment would decide the appeal upon the appeal record and the written and oral argument presented on the appeal. At the hearing before the Board of Adjustment only persons who had submitted written argument on the appeal, or testified before the Planning and Zoning Commission, or submitted written comments to the Commission were allowed to give oral argument. Mayor Selby announced the following persons would be allowed to present oral argument on the appeal: Persons who submitted written argument on the appeal: Mike Anderson Chris Flickinger Leslee Baker Fred & Mary Barber Michael Brechan P J Brisco Merle Brown Grant & Carolyn Deline Richard & Nancy Diemer Testified before the Commission: Leslee Baker Merle Brown Mike Sirofchuk Skip Bolton Brad Bonner Tuck Bonney Submitted written comments to the Commission: Michael Anderson Leslee Baker Rick Baker Mary Barber Fred Barber Skip Bolton Brad Bonner Tuck Bonney Norman Brand Anita Brechan Mike Brechan Ruth Brechan Merle Brown Jim Chase Gregory Cox Carolyn Deline Grant Deline Nancy Diemer Adriana L. Hanko Dale & Jean Heath Jesse & Maryann Holmes Michael Hyde Janet & Bob Johnson Leslie Kerr Elaine O'Brien Jim Chase Steve Faust Dale Heath Adriana Hanko Mike Hyde Judi Kidder Richard Diemer Roy Ecklund Steve Faust Chris Flichinger Lynn Furin Adriana Hanko Dale Heath Jean Heath Jesse Holmes Mike Hyde Judi Kidder Torn Loran Patricia Jane Maechtle Mike Martin Elaine O'Brien Mark Olsen Davis Parker Jim Peterson Mike Sirofchuck Stacy M. Studebaker Paul J. Wilkinson Jessica Wolfe Jocelyn and John Zbitnoff Mark Olsen Jim Peterson Jim Rippey Carma Shay Barry Still Kathy Wilson Daniel Ring Jim Rippey Fred Roberts Carma Shey Mike Sirofchuk Joseph Stanton Robert Steelman Barry Still Karen Still Stacy Studebaker Curt Tolle Sadina Tolle Jim Vanatta Paul Wilkinson Kathy Wilson Jessie Wolfe Kodiak Island Borough Assembly Guidelines June 17, 2010 Page 5 The order of oral argument was as follows: 1. Borough staff represented by Community Development Department Director Bud Cassidy, Planning and Zoning Commission Chair Dave King, and Planning and Zoning Commissioner Brent Watkins. Community Development Department (CDD) Director Cassidy deferred to Planning and Zoning Commission Chair Dave King and Commissioner Brent Watkins. Commissioners King and Watkins provided details on the process that the Commission considered for the original case, and referred to the Borough Code and the Pasagshak Area Comprehensive Plan. These items included: • The Bakers were considered "Grandfathered in ". • The Commission felt that the code did not prohibit a bed & breakfast (B &B) business from serving more than one meal to customers, especially considering the B &B's location. • The septic system issue had been resolved. • Necessary permits were issued and minimum requirements for the operation of a B &B in the Pasagshak area had been met. • The essential residential character was not changed by the operations at the Bakers' lot. • Charter permit for the fishing business was acquired. • It was an owner occupied dwelling and met zoning code requirements for the area. 2. Appellant: (Richard and Nancy Diemer) Teresa Williams attorney for Mr. and Mrs. Diemer, presented information to the Board of Adjustment and spoke on the authorized zoning in the Pasagshak area. Multi -guest facilities were provided in specific zoning areas, but were not in the area that the Baker's facility existed. "Lodges" were prohibited by the Pasagshak Area Comprehensive Plan and through Rural Residential One District (RR1) zoning. She spoke on the change of residential character of the area and claimed the Bakers were operating a "full service lodge" within a residential zoning district. 3. Private person supporting the appeal: Stacy Studebaker and Mike Sirofchuck spoke in support of the appeal and on preserving the future of the Pasagshak area through the Comprehensive Plan. 4. Private person opposing the appeal: Judi Kidder, Rick Baker, Jim Van Atta, Mike Hyde, Dale Heath, Mike Anderson, Leslee Baker, Jim Brisco Jim Rippey Dan Ring and Barry Still spoke in opposition of the appeal and in support of the Planning and Zoning Commission's process of investigating the case. 5. Appellant, for rebuttal: (Richard and Nancy Diemer) Ms. Williams and Mr. Diemer addressed testimony that was presented by the private persons who spoke in opposition of the appeal. Kodiak Island Borough Assembly Minutes June 17, 2010 Page 787 KAPLAN moved to convene into executive session for deliberation as a quasi - judicial board. The motion died for lack of a second. CDD Director Cassidy provided information on the process that staff followed when issuing the "cease and desist" order. He stated that CDD staff investigated the situation based on requirements set forth within the comprehensive plan and the Borough code, and provided a recommendation to the Commission. He spoke on enforcing the definitions that were set in the Borough code. FRIEND moved to affirm in whole the Planning and Zoning Commission's decision on Case No. 10 -013 of March 10, 2010, overturning an administrative order resulting in the issuance of a notice of violation regarding the use of Lot 10, Block 1, Pasagshak Subdivision for a "full- service lodge, including room accommodations, meals, guiding, and transport services." The appellants are seeking specific relief. Appellants: Richard and Nancy Diemer. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, and Friend. FRIEND moved to postpone the Findings -of -Fact of the Board of Adjustment on the Planning and Zoning Commission's decision on Case No. 10 -013 of March 10, 2010, Overturning an Administrative Order Resulting in the Issuance of a Notice of Violation Regarding the Use of Lot 10, Block 1, Pasagshak Subdivision for a "Full- Service Lodge, Including Room Accommodations, Meals, Guiding, and Transport Services" to the next regular meeting of the Assembly. Appellants: Richard and Nancy Diemer. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Friend, and Jeffrey. Mayor Selby referred to KIBC Section 17.225.100 Judicial review which states "any person aggrieved by a final decision of the board of adjustment under this chapter may appeal that decision to the superior court within 30 days of the decision. An appeal to superior court shall be heard solely on the record before the board of adjustment or its hearing examiner and the commission. The appeal procedure shall be governed by the rules set forth in Part Six of the Rules of Appellate Procedure of the state of Alaska. The findings of the board of adjustment shall not be reversed if, in light of the whole record, they are supported by substantial evidence." Mayor Selby reconvened the regular meeting at 10:05 p.m. Executive Session 1. Discussion on Potential or Pending Litigation Regarding Garbage Lien. FRIEND moved to convene into executive session to discuss potential and /or pending litigation regarding garbage lien to which the Borough may become or is a party. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Friend, Jeffrey, and Kaplan. Mayor Selby invited the Borough Assembly, Attorney, Manager, and Clerk's Office Staff into executive session. Kodiak Island Borough Assembly Minutes June 17, 2010 Page 788 Mayor Selby recessed the regular meeting and convened the executive session at 10:10 p.m. Upon returning from the executive session, Mayor Selby reconvened the regular meeting at 10:34 p.m. and announced no action was to be taken as a result of the executive session. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Lynch had no comment. Assembly members Kaplan and Jeffrey congratulated Mayor Selby on being voted second vice - president for the Western Interstate Region of the National Association of Counties. Assembly member Friend expressed disappointment on the public testimony that was given during the Board of Adjustment appeal. Announcements Mayor Selby announced that the next Assembly work session would be held on Thursday, June 24, 2010, at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, July 1, 2010, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Kaplan, and Lynch. The meeting adjourned at 10:37 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes June 17, 2010 Page 789 KODIAK ISLAND BOROUGH AGENDA STATEMENT July 15, 2010 REGULAR MEETING TITLE: Contract No. FY2011 -01 Assembly Chambers Electronics Remodel. SUMMARY: ITEM NO: 13.A.1 This project is to replace the antiquated sound system in the Borough Assembly Chambers. The project went out to bid in April 2010 and one bid was received from Imig Audio/Visual. This new sound system has better microphones and speakers, a speech timer, and a call queuing system that will integrate with our existing phone system. The microphones will have visual indication of the current microphone being used, request to speak, one active microphone at a time, chairman override, and more. The speech timer will provide the public with an indication of how much time they have left to speak during the public comment period. The call queuing system will provide the Clerks with an automated system to handle people who desire to speak via telephone during the public comments period. FISCAL NOTES: Account No.: 100 -125 470 -110 Amount Budgeted: $50,107.87 Expenditure Required: $50,107.87 APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2011 -01 with Imig AudioNisual of Anchorage, Alaska for the Assembly Chambers Electronics Remodel in the amount not to exceed $50,107.87. Form Ver. 06/30/2009 Presented By: r IG AUDIO/VIDEO A/V Support For Alaska! Imig AudioNideo 2611 Fairbanks Street, Suite 100 Anchorage, Alaska 99503 (907)274 -2161 Modified: Revision: Assembly Chambers Electronics Remodel Kodiak Island Borough 710 Mill Bay Road, Room 230 Kodiak, AK 99615 USA ntr an a c t A. The general project description is contained in the attached document and related documents from herein referred to as the "Proposal ". B. The specific work to be performed by Contractor is the installation of the specified system as outlined in the Proposal. C. The total amount to be paid by the owner for the performance (subject to additions and deductions by written change order) shall not exceed the total specified in the Proposal. 7/2/2010 D. Progress payments will be made according to the payment schedule below. Equipment will not be ordered until the equipment deposit has been submitted. These times are subject to the timing of the construction and the lead times required for the ordered equipment to be delivered. E. Payment is due immediately after invoicing. Unpaid balance beyond 10 days after invoicing of completed tasks as outlined in item D shall bear interest payable to Contractor at a rate of 1.5% per month simple interest. F. This Proposal expires 30 days following the date stated on the top of this agreement. No work will be scheduled without a deposit plus a signed copy of this agreement. All drawings and specifications contingent on agreement and retainer. G. If job is of a retro- fit/remodel nature on an existing structure, and scope of work exceeds time estimated to complete because of unforeseen circumstances, owner agrees that he /she will be back - charged at a rate of $65 per man, per hour for all extra labor involved in completing the job. H. All drawings and documentation are contingent on retainer. Since preparing a proposal requires system design & engineering by a professional Systems Integrator, only one version of the proposal will be prepared without a retainer. If a second version is required or if project is for design & documentation only, a minimum $400 Design Retainer will be collected. This Design Retainer will cover up to three additional designs and proposals, as well as one block- diagram drawing of the system. For a $1000 Design Retainer, client will receive up to three versions, one block diagram drawing, plus one basic cabinet audio placement and specification drawing. The retainer covers design & engineering time and is non - refundable. I. Contractor reserves the right to replace proposed models in the case of obsolescence, discontinuation or unavailability with a comparable model of equal or greater value upon customer approval. Contractor will not be held responsible or liable in any way for any said product's obsolescence, discontinuation or unavailability. Phase Amount Imig AudioNideo Page 1 of 3 2 Unassigned $15,328.08 Rough-In $12,173.27 Trim $11,652.36 Programming $4,664.16 Misc. Costs $6,290.00 Grand Total: 6. Warranty $50,107.87 Payment Schedule Amount Due Date Initial Deposit $25,053.94 Progress Payment $20,043.15 Final $5,010.78 4. Insurance Contractor shall purchase and maintain such insurance necessary to protect from claims under workers compensation and from any damage to the owners property resulting from the conduct of this contract. ontractf 1. Contract Documents and Details The contract documents consist of this agreement, including all general provisions, special provisions, specifications, drawings, addenda, change orders, written interpretations, and written orders for minor changes in work. Work not covered by contract documents will not be required unless it is required by reasonable inference as being necessary to produce the intended result. The costs associated with any related work or materials, including, but not limited to electrical, drywall, painting, cabinets are not included unless specifically documented in the proposal. Contractor is not responsible for any underground trenching or laying or supplying of conduit for outside wiring. 2. Time With respect to schedule completion of the tasks in section D, time is of the essence. If Contractor is delayed at any time in the progress of the work by owner change orders, fire, labor disputes, acts of God or other causes beyond Contractor's control, the completion schedule for the work or affected parts of the work shall be extended by the same amount of the time caused by the delay. 3. Payments and Completion The above Payment Schedule is a guideline and approximation. Since contractor will, if possible, open, test and burn -in equipment before delivery, all components must be paid for before delivery to job site. Payments may not be withheld under any circumstances. Any disputes due to legal claims will be settled independently in good faith between the parties. Final payment shall be due immediately following completion of the project. Contractor will hold owner harmless with respect to claims of subcontractors and suppliers. 5. Changes in the Contract The owner may order changes, additions, or modifications without invalidating the contract. Such changes must be in writing and signed by the owner. The contractor shall provide the owner in writing the amount of additional costs or cost reductions resulting from changes ordered within 15 working days unless this requirement is waived in writing by the owner. Change Orders shall be paid in full upon acceptance of change and shall not alter the contract's payment schedule. In case of product unavailability or discontinuation, contractor reserves the right to substitute equipment of equal or better quality with clients approval. Contractor will be held blameless in case of product unavailability or discontinuation. Imig AudioNideo Page 2 of 3 Contractor warranties all parts and labor involved in an installation for one year. Contractor will also be glad to help the client get their manufacturer - warrantied equipment serviced though out the life of the said warranty. Client: Kodiak Island Borough Contractor: Imig AudioNideo Imig AudioNideo DATE: DATE: Page 3 of 3 Assembly Chambers Electronics Remodel Kodiak Island Borough 710 Mill Bay Road, Room 230 Kodiak, AK 99615 USA Presented By: Imig AudioNideo 2611 Fairbanks Street, Suite 100 Anchorage, Alaska 99503 (907)274 -2161 Modified: Revision: 7/2/2010 2 Firm Qualifications IMIG Audio Video has been doing business in Alaska since 1972. We have three divisions including rental and staging, production, and the install department. We have executed jobs ranging in value from a few hundred dollars to tens of thousands of dollars. We recently completed a training room for JL properties that included the installation of gooseneck microphones, ceiling mounted constant voltage speakers, a 16 channel matrix mixer, an overhead projector and an AMX control system. Shortly after completing the JL properties training room, we began work on a board room system for Eklutna services that included an interactive white board, video conferencing, and a council recording system. At the end of this month, we will begin working on a sound system upgrade for the Alaska Sea life Center which includes a six zone matrix mixer, wireless microphones, and remote control keypads in each zone. Another feature of the system is an underwater communication device which allows Sea Life center personnel to broadcast over the PA system while submerged in the various tanks. Imig Audio video employs professional technicians with a wide range of expertise. We feel that we are the most complete AV integrator in the state of Alaska. That being said, it is impossible to be the expert on each and every electronics system out there. When the requirements of a job stray outside of our expertise, we partner with other experts in the field in order to deliver a complete package that not only meets, but exceeds the expectation of our clients. In the case of the Kodiak Island Borough assembly chambers, we quickly identified an organization with a proven track record in council voting systems. Current Works is a manufacturer of several tiers of council voting systems. Since 1988, Current Works has designed and manufactured computer peripheral devices and supporting software applications that enable effective computer usage without a mouse or keyboard. Over 25,000 clients use Current Works technology in city /county government, corporate training programs, K -12 classrooms, special education programs, and nursing homes. We make extremely durable equipment that's made to last. We are extremely confident that we can meet and exceed all of the expectations the Kodiak Island Borough Assembly. I personally was involved in the design and installation of the complete Audio \Video and voting system currently used in the Anchorage Assembly chambers. I've also done work on the Mayor's conference room as well as the Permanent fund corporation in Juneau. In addition, I've installed multiple A \V systems for the Kodiak Coast Guard and I look forward to the challenge of executing the assembly chamber system. Proposed Equipment For the sound system, we are proposing a Bosch Digital Congress Network System. This system has all of the features required in the RFP including visual indication of current microphone being used, request to speak, one active microphone at a time, chairman override and much more. Bosch has set the standard for wireless discussion systems and their products are used by government entities around the world. We feel this system not only meets the requirements of the Kodiak Island Borough Assemby, but it also reduces installation costs because it is a wireless system. Pairing a wireless communication system with a wireless voting system provides a very portable solution so assembly meetings can move to different locations with ease. For the call queuing system, we are partnering with Tekmate, who already maintains the assembly phone system and has intimate knowledge of the existing phone system. With their help, we will be able to provide all of the required features of the queuing system with built in support from a trusted telecom provider. Finally, we have decided on the Alzatex speech countdown timer with integrated display and control. The display provides the speaker with a visual indication of remaining time and the controls allow the clerk to easily re -set the counter for a new speaker. We are very confident that with the above mentioned package, we have addressed all of the ' Price Includes Accessories Presented By: Imig Audio/Video Project: Assembly Chambers Electronics Remodel 7/2/2010 Page 2 of 6 requirements of the Kodiak Island Borough Assembly. The system was chosen to keep installation costs to a minimum as well as reducing necessary maintenance. We are very excited to be considered for this project and we look forward to providing this cutting edge technology in order to simplify the daily tasks of the Kodiak Island Borough Assembly. Quality Assurance and Technical Support Imig Audio Video will warranty all installed parts and labor for a period of one year. During that time period, any warranty related parts or labor will be provided at no additional charge to the Assembly. We plan on partnering with a local service provider to be the first responder. In the event of a failure of any sort, the local vendor would be dispatched to determine the nature of the failure. If the failure is determined to be hardware related, we would drop ship the required parts to the local vendor to install. If the repair is beyond the capabilities of the local vendor, we would send one of our technicians to Kodiak to perform the required repairs. We would also request that any equipment having network capabilities to be made available to our technicians in Anchorage so that any minor adjustments or initial troubleshooting could be performed from our Anchorage office. An extended service plan could be made available to cover additional years if required. Price Includes Accessories Presented By: Imig AudioNideo Project: Assembly Chambers Electronics Remodel 7/2/2010 Page 3 of 6 Unassignedr '34,416.05 '$29,734728 MEN k ti�;y Qty Description 1 Akg WMS450 PRESENTER Frequency - selectable UHF Diversity System With Bodypack Transmitter and Ck 55 Cardioid Lavalier 2 Bosch DCN - DISR - D Rim, Dark (10 Pieces) 12 Bosch DCN - MICL Pluggable Microphone, Long (shipped In Pairs, Priced As Ea.) 1 Bosch DCN - WAP Wireless Access Point (must Order Network Cable, Optical Fiber Long Enough To Reach Wap From Wccu) 3 Bosch DCN WCH05 - US Charger For Five Battery Packs 12 Bosch DCN - WD - D Wireless Discussion Unit, Charcoal Base 12 Bosch DCN - WLIION - D Battery Pack For Wireless Discussion Units, Charcoal 5 Bosch LBB 4416/20 Network Cable, Optical Fiber, 20 M, Price Each, Packs Of 5 Only 1 Intelix AUDISEY ATHENA - 8 8 In By 8 Out Matrix Mixer /processor /amplifier 12 Jbl Pro CONTROL 24C /CT 4" 2 - way Ceiling Speaker 600 Liberty Cable 22 1P CMP EZ - WHT Ez -strip 22 AWG 1 Pair Low Capacitance Audio Cable Featuring Shield Bonded To The Jacket, Tinned Copper Conductors and A Plenum Rated Jacket. ' Price Includes Accessories Presented By: Imig Audio/Video Project: Assembly Chambers Electronics Remodel Price 7/2/2010 Page 4 of 6 Qty Description 1 Alzatex DSP504A Four Digit Display With 5" High Digits, Metal Frame Painted Black. 1 Alzatex M4CO25F Modular Phone Cord Extension 25ft, 4conductor With Rj - 11 Plugs 1 Alzatex TMR218B4BK Count Up /down Timer With 4 Digit Led Display and Red - yellow -green Led's (black Enclosure) 1 Alzatex WTI3VAC800 120v Input, 13vac, 800ma Output Power Supply t Call ueumg Sys em 3 7/ e- 1 Tekmate TEKMATE CALL QUEUING SYSTEM Complete Cal Queuing System Parts /labor /test and Check Out Misc. Costs: Airfare /Hotel /Meals /Car Rental Freight ' Price Includes Accessories Presented By: Imig AudioNideo Project: Assembly Chambers Electronics Remodel Price Project Subtotal: $34,416.05 $3,995.00 $2,295.00 Misc. Costs Total $6,290.00 7/2/2010 Page 5 of 6 Client: Paul VanDyke * Price Includes Accessories Presented By: lmig AudioNideo Project: Assembly Chambers Electronics Remodel Equipment: Misc Parts: Labor: Misc. Costs: Project Summary Grand Total: $50,107.87 Date Contractor: lmig AudioNideo Date $34,416.05 $1,211.48 $8,190.34 $6,290.00 7/2/2010 Page 6 of 6 TITLE: SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 15, 2010 REGULAR MEETING ITEM NO: 13.A.2 Contract No. FY2011 -02 A Professional Services Contract to Update Title 16 Subdivision, Title 17 Zoning, and Title 18 Borough Real Property of the Kodiak Island Borough Code. The Planning & Zoning Commission has selected a contractor to perform code updates of Title 16 Subdivision, Title 17 Zoning, and Title 18 Borough Real Property. Six consulting firms responded to the Borough's RFP. Four firms were "short listed" and travelled to Kodiak to be interviewed. After interviewing, ranking and rating of each firm, LSL Planning, Inc. (LSL) was chosen to perform the work. LSL is an experienced firm with a well established track record of successful projects inside and outside of Alaska. They are based in Grand Rapids MI, and for the purposes of this project they will be partnering with the Alaska based firms of: Agnew::Beck Consulting (who was the consultant on the Omar Stratman Conservation Subdivision and rezoning request in Kalsin Bay reviewed by the Assembly), RWS Consulting, LLC., and Alaska RIM Engineering. This diverse team will provide a robust public process and a wide range of technical development code expertise. Funding for this planning project will come from monies established specifically for this project ($299,948) located in a Special Projects Fund and another ($22,424) will be coming from the Land Sale Fund to cover the cost of revising Title 18 (Borough Real Property) revisions. Although these codes have been extensively amended over the years, the basic code framework (and relevant assumptions upon which they are based) are some 30 or more years old. Incremental amendments, while fixing some problems, have introduced many inconsistencies and unintended consequences into these codes over the years. In addition, it is very timely to begin this work given the recent adoption of the borough wide comprehensive plan in December 2007. Our codes provide the day to day tools in which to implement this new plan vision and an updated land use codes will provide us guidance for years to come. FISCAL NOTES: Account No.: 295.245.430.140 - $299,948 210.231.430.140 - $22,424 Amount Budgeted: $322,372 Expenditure Required: $268,450 plus reimbursables estimated at $53,922 APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2011 -02 with LSL Planning, Inc. of Grand Rapids, MI for the Professional Services Contract Updating Title 16 Subdivision, Title 17 Zoning, and Title 18 Borough Real Property of the Kodiak Island Borough Code in the amount not to exceed $322,372. Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into by and between the Kodiak Island Borough, Alaska (Borough) and LSL Planning, Inc., (Contractor) for the purpose of setting forth thc terms and conditions pursuant to which the Contractor shall be contracted to provide professional services as identified in Exhibit A — Scope of Work. Offer and Acceptance of Terms of Professional Services Agreement. The Borough desires to engage and contract for the services of the Contractor to perform certain tasks as set forth in Exhibit A. The Contractor desires to enter into this Agreement and perform as an independent contractor for the Borough and is willing to do so on the terms and conditions set forth below. The Contractor shall provide the necessary technical and professional services needed to fulfill and complete the tasks as defined in Exhibit A in a timely and professional manner to the satisfaction of the Kodiak Island Borough. This Agreement shall not render the Contractor an employee, partner, or agent of the Borough for any purpose. The Contractor is and shall remain an independent contractor in his relationship to the Borough. The Borough shall not be responsible for withholding taxes with respect to the Contractor's compensation hereunder. The Contractor shall have no claim against the Borough hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. 2. Scope of Work. Under thc terms of this agreement, the Contractor shall perform the tasks as enumerated in the Contractor's Scope of Work (Exhibit A) and Budget (Exhibit B). 3. Term. This Agreement shall be in effect upon agreement signing and continuing until December 31, 2012. This agreement may be extended, amended or terminated by the parties with 30 days written notice. 4. Compensation. As compensation for services rendered under this Agreement, the Contractor shall be paid a maximum amount of $268,450.00 plus compensation for expenses incurred at a rate of 1.10 times the expenses incurred by the contractor, employees and consultants. Payment will be made based on the fee schedule stipulated in the Budget (Exhibit B), subject to satisfactory acceptance by the Borough of thc products described in the Scope of Work (Exhibit A). Payment shall be made to the Contractor upon submittal of a detailed statement in accordance with the fee schedule and expenses described in Exhibit B. Professional Services Agreement Page 1 of 4 LSL Planning, Inc. 5. Insurance. The Contractor shall maintain the following insurance: a. General Liability Insurance, with a combined single limit of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate with the Borough named an additional insured. b. Automobile Liability Insurance, with a combined single limit of not less than $1,000,000 for each person and not less than $1,000,000 for each accident with the Borough named an additional insured. 6. Indemnification. Contractor hereby agrees to indemnify, protect, defend, and hold the Borough (and its employees, agents, successors, and assigns) harmless from and against any and all loss, damage, and liability, including reasonable attorney's fees, arising out of or resulting from any act or omission of Contractor pursuant to this Agreement, which acts or omissions were caused by, or were themselves, the negligence of Contractor and were not within the control of Borough. 7. Certificates of Insurance. The Contractor shall furnish the Borough with certificates of insurance upon signing this Agreement. The certificates shall include a provision that such insurance shall not be canceled without at least thirty days' written notice to the Borough. 8. Termination. The Borough may terminate or suspend performance of this Agreement upon written notice to the Contractor, subject in part to the provisions of Article 3. Upon receipt of notice, the Contractor shall terminate or suspend performance of the services on a schedule acceptable to the Borough and may submit a statement for the services performed and reasonable termination or suspension expenses. The provisions of Articles 5 and 6 shall remain effective following the termination of this agreement. 9. Subcontracting. a. Contractor may not subcontract any part of this project without the expressed, written consent of the Borough. b. Subcontractor agrees to be bound by Agreement terms. 10. Assignment. a. Contractor shall not assign Agreement or money due thereunder without Borough's expressed, written consent; b. This Agreement is binding upon the parties' successors. 11. Documents. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of the Borough, whether prepared by the Contractor or otherwise coming into his possession, shall remain the exclusive property of the Borough. The Contractor shall not retain any copies of the foregoing without the Borough's prior written permission. Professional Services Agreement Page 2 of 4 LSL Planning, Inc. The Contractor may use information from the work projects identified in Exhibit A to produce journal articles or as part of presentations at professional meetings or educational lectures with prior written permission from the Borough. Any journal article shall be subject to Borough review prior to publication. 12. Waiver. Thc Borough shall not waive its right to enforce any part of the Agreement regardless of whether enforcement begins immediately or is delayed. 13. Notices. Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested and given to the following parties: Rick L. Gifford, Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 907.486.9300 rgifford@kodiakak.us Paul LeBlanc, AICP, Managing Partner LSL Planning, Inc. 15 Ionia SW, Suite 450 Grand Rapids, Michigan49503 616.336.7750 616.336.8478 fax www.lslplanning.com 14. Venue and Applicable Law. The appropriate venue is the Kodiak Island Borough's third (Southcentral) judicial district. The laws of the state of Alaska shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto. 15. Attorney's Fees and Costs. Thc Borough shall reserve the right to recover reasonable attorney's fees and costs incurred in the successful prosecution or defense of any lawsuit or appeal arising under this Agreement. 16. Entire Understanding. This document and all exhibits attached constitute the entire understanding and agreement of the parties. Any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect. Professional Services Agreement Page 3 of 4 LSL Planning, Inc. Dated this day of , 2010. KODIAK ISLAND BOROUGH CONTRACTOR Rick L. Gifford, Borough Manager Paul LeBlanc, AICP, Managing Partner LSL Planning, Inc. ATTEST: Nova Javier, Borough Clerk Insurance Certificates Attached: D Yes Professional Services Agreement Page 4 of 4 LSL Planning, Inc. Kodiak Island Borough Scope of Services PHASE 1 — SCOPING/ INITIAL PUBLIC ENGAGEMENT !Task One: Technical Review Task Purpose: To evaluate the current land management system and zoning and subdivision regulations and identify issues; prepare a contact list of project participants. Task Description: Before our first visit to Kodiak LSL will review and evaluate the existing Zoning Ordinance and Subdivision and Land Management codes for content, format, and readability. The issues identified in the Borough's Comprehensive and Strategic Plans pertaining to development regulations will serve as initial guides; however, we will also rely on input from the Community Development Department staff. The results will be compiled in a Technical Review report that will be sent to Kodiak before the Kick -off Meeting, described in Task Two. A synopsis of the report will be later incorporated in a "Workbook ", described in Task Three. We will also compile a list of project stakeholders (for interviews, focus groups, e- newsletter distribution and other purposes) using Kodiak's existing data bases. That list will be updated and maintained by the consultant team throughout the process. Product: Technical Review report - 25 copies plus an electronic copy, electronic list of stakeholders to be maintained during the process. 'Task Two: Kick -off Meeting /Interviews Exhibit A Task Purpose: To kick -off the project in Kodiak, gain agreement on the project approach, public involvement, and schedule, discuss the issues and code problems identified in the Technical Review report and decide whether to establish a Project Advisory Committee. Meet with Borough boards, commissions and community organizations, conduct individual stakeholder interviews and hold focus group discussions. Defined Terms: Project Advisory Committee - This group would be composed of individual stakeholders who could bring a particular perspective to the project. They could represent the Borough's elected and appointed officials, business or other government interests, communities, neighborhoods, or environmental groups. They would function like a project steering committee and serve two roles: provide an efficient way to gain feedback and direction; and act as advocacy group supporting the outcomes with the general community, the Planning and Zoning Commission, and Assembly. Stakeholder Stakeholders are people who have a stake, or an interest, in the outcome of a project. Normally stakeholders are from within an organization, but they can include individuals from outside. In Kodiak a stakeholder could be an elected or appointed official, a key business or property owner, or represent a Borough department or another government entity, like the Coast Guard. 1 Focus Group - A focus group consists of 8 -12 relatively similar individuals who provide information during a directed and moderated group discussion. Participants are chosen based on their ability to provide specialized knowledge or insight into the issue under study. In Kodiak participants could include the development community, local architectural and engineering firms, businesses, government agencies, seafood industry, schools, etc. Task Description: Part One The LSL team will initially meet with Borough staff and then later that day with the Planning and Zoning Commission (or the Project Advisory Committee). We will review the Scope of Services with staff and discuss the following: • How best to coordinate our efforts during the project • How best to communicate and how often • Project priorities • Schedule • Available data /maps • Level of document enhancement - layout, use of graphics, tables and the iZone'" (web based ordinance format) • Consultant and staff roles and responsibilities • Finalize the public involvement strategy and Workshops • Decision making process (Will there be a project Advisory Committee ?) • The Technical Review report and its findings After the meeting we will prepare a project schedule that includes all activities and dates. LSL will also provide web ready information at key milestones to keep the project current on Kodiak's website. As part of a public relations effort, the LSL team will work with the Kodiak Daily Mirror and its staff to facilitate reporting newsworthy items and project accomplishments. We will then review all aspects of the project with the Planning and Zoning Commission (or the Project Advisory Committee) including — process, schedule, public involvement, decision making, etc. and the findings of the Technical Review report. Our goal will be to gain consensus on project direction and priorities and the public involvement process. Part Two The next step will be to hold similar discussions with up to five community boards, commissions and organizations that could include the Borough Assembly, Village Councils and others in various locations across Kodiak. In addition, the LSL team will conduct up to fifteen one -on -one stakeholder interviews (could also be by phone) and five focus group meetings about the development regulations and current issues. We especially want to gain a good understanding of the current land and natural resource management system and the issues (substantive, political, administrative) that have developed in recent years. Such insights will give us a clear grasp of what is working, what is missing, and what needs to be improved. However, based on initial conversations with Bob Shoals, the focus will be on refining and revising the code framework, but not undertaking a land inventory. 2 Product: Schedule, fine -tuned project approach, list of key project stakeholders (including a liaison in each village), interview /focus group results — 25 copies plus one electronic copy, project information for Kodiak's website. Meetings: Five on -site meetings (Borough staff, Planning and Zoning Commission, Assembly, and others); plus up to fifteen individual stakeholder interviews and five focus group meetings. jTask Three: Code Revision Workbook Task Purpose: To prepare an educational document for general distribution at the Public Workshops, described in Task Four. Task Description: Based on input gained during the previous task we will prepare a Code Revision Workbook. The Workbook will be a short "public friendly" educational document that defines what Zoning, Subdivision, and Land Management ordinances are and how they apply in Kodiak. It will include text, illustrations and photos, a synopsis of the applicable sections of the Borough's Comprehensive and Strategic Plans and related planning documents, interview /focus group results, a summary of priority code issues from the technical review, and some preliminary ideas for improvements. We will respond to staff comments on the draft and then prepare a final Workbook. Product: Draft and Final Code Revision Workbook — 75 copies, plus an electronic copy that can be posted on the Borough's website, or used to print additional copies. Meetings: Two telephone or web conference (like GoToMeeting) calls with staff. 'Task Four: Public Workshops Task Purpose: To educate the public about planning and zoning, current code issues and the process to update development regulations, seeking input on improvements. Task Description: Our team will facilitate up to five workshops and we will work closely with Borough staff and the Planning and Zoning Commission (or the Project Advisory Committee) to develop the format, logistics, content, and feedback procedures. We will also prepare, organize, and provide presentation materials and handouts (including the Code Revision Workbook). To raise public awareness, workshops will be widely announced through local media and the Borough's website. Among the key objectives will be to clearly identify the code revision process, to educate the public about planning and zoning, and to learn about problems with current development regulations and opportunities for their improvement. Since the precise format, schedule, and locations for the workshops will be developed during Task Two the following is a tentative outline for meeting locations: • Meeting(s) in the City of Kodiak • Meetings in outlying road -served communities (e.g., Chiniak) • Meetings in select villages (over the course of the project we aim to visit each village at least once, but currently assume it will not be practical or necessary to go to each one at each major project step) 3 Product: Presentation /informational materials, workshop findings. Meetings: Two telephone or web conference calls with staff; five Public Workshops in Kodiak, (if necessary an additional meeting conducted by Robbie Townsend - Vennel has been budgeted). :Task Five: Debrief Meetings Task Purpose: To discuss Workshop outcomes and direction for the Blueprint. Task Description: Directly after the last Public Workshop, while still in Kodiak, the LSL team will meet with Borough staff, and /or the Planning and Zoning Commission (or the Project Advisory Committee) to debrief on workshop outcomes; follow -up telephone calls may be necessary. Key discussion points will concern workshop results, lessons learned, the Borough's regulatory philosophy and how it applies to development regulations. That input will help guide the preparation of a project "Blueprint" in Task Six. Meetings: One work session in Kodiak with staff and /or the Planning and Zoning Commission (or the Project Advisory Committee), two telephone or web conference calls. PHASE 2 — PREPARE DRAFT CODE :Task Six: Project Blueprint Task Purpose: To prepare a document guide that outlines format and key code recommendations Task Description: Before drafting a new code we will first prepare a Project Blueprint. The Blueprint will serve as both a guide and reminder of where attention is to be focused, and build consensus to avoid later changes and project delays. The blueprint will establish a document format and summarize critical recommendations for revising the land management, subdivision and zoning codes. Included will be such items as a table of contents, specific objectives for revisions, document format (including graphics and a style guide addressing fonts, capitalization, use of comma vs. semi - colons, etc.) and agreement on how changes will be illustrated, or identified throughout the process (strikeouts, highlighting, etc.), especially for the public hearing draft. An outline for new regulations, standards and processes that support current plan goals and policies will also be included. Product: Draft Project Blueprint — 25 copies plus an electronic copy. :Task Seven: Refine the Blueprint Task Purpose: To refine and gain consensus on the Project Blueprint, which is the framework for the new regulations. Task Description: The draft blueprint will initially be reviewed and refined together with staff via telephone or web conference calls. Once the draft is complete we will hold a work session in Kodiak with staff and the Planning and Zoning Commission (or the Project Advisory Committee) to review the Project Blueprint and recommendations for revisions and /or refinements to zoning 4 regulations, subdivision standards and land management processes. The overarching goal will be to have an agreed upon Blueprint to guide the actual development regulations. Product: Consensus Project Blueprint — 25 copies plus an electronic copy. Meetings: Two telephone or web conference calls, one work session in Kodiak with staff and the Planning and Zoning Commission (or the Project Advisory Committee). 'Task Eight: Draft Documents Task Purpose: To prepare draft zoning, land management and subdivision regulations. Task Description: Based on the Project Blueprint, the LSL team will prepare revised zoning, land management and subdivision regulations. Some sections may be reorganized and reformatted making improvements to organization, usability and graphics. Others will be completely redone, changing code content, standards and regulatory requirements. We propose organizing the revised drafts into a series of "blocks" so that related elements can be handled together. For example, discussing procedures at one time for zoning, subdivision and land management; or addressing land use categories together. We will prepare a simple overview for each major "block" so reviewers can quickly understand the differences between old and new policies. The goal will be to direct attention to key issues, and to make the review process as efficient as possible. At this point a draft zoning map will be prepared to reflect any changes that may be envisioned. Product: Draft Zoning (text and map(s), Land Management and Subdivision codes — all electronic copies. (Task Nine: Staff Review Task Purpose: To finalize draft regulations before going to the Planning and Zoning Commission (or the Project Advisory Committee) and the public. Task Description: LSL will send the draft documents and map(s) to staff by manageable blocks for review and will discuss the drafts via telephone or web conference before they are released to the Planning and Zoning Commission (or the Project Advisory Committee) and the public. Product: Two rounds of code /map changes per block — all electronic copies. Meetings: Up to four telephone or web conference calls. 'Task Ten: Testing the Regulations Task Purpose: Test regulations before finalizing the draft documents to make sure they work as expected. Task Description: To be effective, zoning, subdivision, and land management regulations must be implemented through the development process and while they must be responsive to the kind of development that is envisioned for the Borough they must also account for issues that may arise when they are applied to a specific site, or situation. Because there may be unforeseen 5 issues that affect the location, form and character of various proposals we will "field test" regulations with a stakeholder (or stakeholder group) to identify issues that may arise in their application. In this particular case a stakeholder may be a key property or business owner, or a group of individuals representative of a particular interest group, such as the seafood industry. Prior to completing the draft regulations, up to four sites will be assessed to determine the potential development character and land use mixes that may arise by applying the new codes. Product: Up to four sites /situations to be tested based on staff input; review memos /findings for each — all electronic copies. ITask Eleven: Review Draft Task Purpose: Review draft with the Planning and Zoning Commission (or the Project Advisory Committee). Task Description: Once the draft regulations have been reviewed by staff and tested, the draft code will also be reviewed by the Planning and Zoning Commission (or the Project Advisory Committee) in manageable blocks of related topics. For each block, the LSL team will prepare an illustrated summary of critical code revisions and we will hold up to five telephone or web conference calls (like GoToMeeting) to review the draft documents. Product: One round of code change per block and for the map(s), consensus draft regulations - 25 copies plus an electronic copy. Meetings: Five telephone or web conference calls to review the draft documents. !Task Twelve: Joint Work Session Task Purpose: To review consensus draft documents with key decision makers before holding Public Workshops, described in Task Thirteen. Task Description: The reviewed and edited draft documents and map(s) will be presented to the Planning and Zoning Commission and Assembly at a joint meeting in Kodiak. This meeting will not seek to discuss every topic in detail, but rather give an overview of the major issues, and ensure that both the Commission and Assembly are "on- board" with the general direction of the proposed changes. We will also make an effort to reach out to rural communities like Ouzinkie, Port Lions, Larsen Bay, Akhiok and Old Harbor, which are Second Class Cities incorporated under Alaska Statutes. Rather than attempting to meet in each one we recommend working with the Kodiak Rural Regional Leadership Forum to find an appropriate time when representatives (or at least most) will already be in Kodiak. This may be during, or after the annual conference of mayors, or when elected leaders, involved with organizations such as KANA, Koniag and KRRLF, are already meeting in Kodiak. If possible, the joint Planning and Zoning Commission and Assembly meeting could be coordinated and timed to coincide with these other activities and events. This would avoid extra consultant, or travel related costs, which have not been reflected in the budget. If feasible, a coordinated approach would be the most efficient option and allow us to piggyback meetings. It would also provide an opportunity for communities to discuss unique or common 6 issues as a group and explore practical and consistent ways of applying regulations in rural settings. Product: Refined draft document and reduced size map(s) — 25 copies plus an electronic copy. Meetings: One joint Planning and Zoning Commission and Assembly meeting and if possible, a joint meeting of rural communities; all to be held in Kodiak. PHASE 3 — FINAL ROUNDS OF REVIEW AND APPROVAL 'Task Thirteen: Public Workshops Task Purpose: To seek public input on the draft codes. Task Description: Working closely with Borough staff and the Planning and Zoning Commission (or the Project Advisory Committee), we will develop the format, content and feedback procedures for the final workshops and organize, develop and provide presentation materials and handouts. We will try and engage as many people as possible, with the knowledge that it will be much easier to respond to concerns at this stage than during the public hearing. Our team will facilitate up to five public workshops that will help us gain input on the draft regulations. Like the first, this round of meetings must also be widely announced to raise an awareness and understanding of the code revision process, educate the public on zoning, planning and any issues associated with the current codes, and to get input on code changes. However, the approach could vary from the initial public workshops by targeting specific interest groups to address pertinent sections of the regulations. In other words, the meetings could be for a specific topic heading, geographic area, or aspect of the regulations. Product: Presentation /informational materials, workshop findings. Meetings: Two telephone or web conference calls with staff; five Public Workshops, Of necessary an additional meeting conducted by Robbie Townsend - Vennel has been budgeted). 'Task Fourteen: Work Session and Revisions Task Purpose: To discuss Workshop outcomes and make any needed edits. Task Description: Directly after the last Public Workshop, while still in Kodiak, the LSL team will meet with Borough staff and /or the Planning and Zoning Commission (or the Project Advisory Committee) to debrief on workshop outcomes; follow -up telephone calls may be necessary. Any desired revisions will be identified and incorporated into an updated draft. Product: Revised draft regulations — 25 copies plus an electronic copy. Meetings: One work session in Kodiak with staff and /or the Planning and Zoning Commission (or the Project Advisory Committee), two telephone or web conference calls. jTask Fifteen: Present Draft and Final Ordinances Task Purpose: To present the final draft at a public hearing. 7 Task Description: Together with Borough staff LSL will present the final draft Zoning Ordinance, Subdivision, and Land Management codes at a public hearing in Kodiak. Following the hearing, LSL will make minor revisions to affected sections, but will rely on Borough staff to present the code for final adoption. Product: One round of minor document /map revisions; draft document and reduced size map(s) — 25 copies plus an electronic copy. Meetings: Two telephone or web conference calls, one public hearing. 8 Type of Meeting Number of Meetings Location- Kodiak Location - Offsite Telephone/ web conference calls 23 ✓ Kick -off Meetings 5 ✓ Stakeholder Interviews 15 ✓ Focus Group Meetings 5 ✓ Public Workshop One* 5 ✓ Work Sessions 3 ✓ Public Workshop Two* 5 ✓ Joint Assembly /Planning and Zoning Commission Meeting 1 ✓ Joint Village Meeting 1 ✓ Public Hearing 1 ✓ MEETING SUMMARY/ PROJECT COSTS AND SCHEDULE (Meeting Summary The below table is a meeting summary and includes those described and listed in the Scope of Services. Based on discussions with staff we have also budgeted two additional Public Workshops. These would be conducted by local Kodiak consultant Robbie Townsend - Vennel. They are structured as optional tasks since at this point it is not certain if more meetings will be needed. This will have to be determined as the project unfolds, however, the scope and budgets do reflect them, if needed. P Costs We have prepared a detailed budget for the project, which is attached. The overall professional fees by firm are as follows and do not include related expenses: LSL Planning, Inc. - $159,050 Agnew::Beck - $72,520 RWS Consulting - $16,280 Alaska Rim Engineering - $18,600 Robbie Townsend- Vennel* - $2,000 (allocated for two additional, but optional Public Workshops) Total: $268,450 In addition to the professional fees are expenses for such things as travel, phone and web conferencing, reproduction and printing, meeting accommodations, etc. We estimate those to be approximately $53,922. [Schedule We believe a realistic time frame to undertake a significant public outreach process and to prepare and adopt a new set of Zoning, Subdivision and Land Management Regulations for the Kodiak Borough will require about a 24 month time frame. Once we have reached final agreement and fine tuned the project approach and the public involvement process, a detailed schedule will be prepared during Task Two. 9 Hourly Rates: $ 180.00 $ 145.00 $ 155.00 $ 85.00 'Task One: Technical Review Team kickoff conference call 2 2 3 Zoning review 8 24 16 Subdivision review 16 8 Land management review 2 8 Team conference call 2 2 2 Compile Technical Review document 1 2 8 (Task Two: Kick - off Meeting Kickoff meetings 40 40 40 'Task Three: Workbook Team conference call 2 2 2 Zoning recommendations 1 6 4 Subdivision recommendations 4 4 Land management recommendations 2 4 Team conference call 2 2 2 Compile Workbook document 2 1 (Task Four: Public Workshops Prepare for public workshops 1 8 Public workshops 40 'Task Five: Debrief Meetings Debriefing meetings 2 2 4 Task Six: Project Blueprint I Team conference call 2 2 Project blueprint 24 8 12 [Task Seven: Refine Blueprint Blueprint meetings 24 24 Task sk Eight: Draft Documents Team conference call 2 2 2 Zoning districts 8 30 30 16 Zoning general provisions 8 16 12 8 Zoning administrative provisions 8 16 12 Subdivision proceedures 8 16 8 Engineering standards 1 8 Land management regulations 5 Team conference call 2 2 2 Quality control 24 'Task Nine: Staff Review Meetings with staff 32 32 Paul L LS1 Planning Jeff P Val L EXHIBIT B Eric F Agnew::Beck RWS Consulting LLC Alaska Rim Chris B A::B PM Graphics Ron 5 Charles L $ 140.00 $ 100.00 $ 90.00 $ 110.00 $ 150.00 2 4 2 16 2 40 40 40 2 2 2 2 2 2 4 16 2 4 4 16 2 2 4 16 2 2 2 2 32 32 32 32 32 8 12 2 4 2 2 2 4 2 24 2 2 2 2 4 12 24 8 4 4 4 4 4 4 4 4 4 4 24 16 4 30 2 8 4 2 2 Hourly Rates: $ 180.00 $ 145.00 $ 155.00 $ 85.00 'Task Ten: Testing the Regulations . Test cases 24 16 16 [Task Eleven: Review Draft Advisory Comm. Meetings 40 40 'Task Twelve: Joint Work Session Joint work session 24 24 'Task Thirteen: Public Workshops Public workshops 40 Task Fourteen: Work Session and Revisions I Worksessions Team conference call Zoning revisions Subdivision revisions Land management regulations Team conference call Quality control 2 4 4 4 2 8 2 2 2 2 2 16 'Task Fifteen: Present Draft and Final Presentation materials Meetings for adoption 8 30 8 4 LSL Fee Total Estimated Expenses LSL Total Agnew Beck RWS Alaska Rim R. Vennel- Townsend Total Including Estimated Expenses Paul L $ 159,050.00 $ 34,672.00 $ 193,722.00 $ 89,020.00 $ 18,480.00 $ 19,150.00 $ 2,000.00 $ 322,372.00 Total Professional Fee $ 268,450.00 L51 Planning Jeff P Val L EXHIBIT B Eric F Hours 135 383 482 53 Fee $ 24,300.00 $ 55,535.00 $ 74,710.00 $ 4,505.00 Agnew::Beck RWS Consulting LLC 1 Alaska Rim Chris B A::B PM Graphics j Ron 5 i Charles L 140.00 $ 100.00 $ 90.00 ' $ 110.00 $ 150.00 i Y ■ ■ 4 1 i 40 56 4 40 56 4 246 298 92 $ 34,440.00 $ 29,800.00 $ 8,280.00 $ $ 72,520.00 ' $ 16,500.00 $ 89,020.00 2 2 2 2 4 8 4 2 2 4 2 148 16,280.00 16,280.00 2,200.00 18,480.00 24 124 $ 18,600.00 $ 18,600.00 $ 550.00 $ 19,150.00 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YY) POLICY EXPIRATION DATE (MM /DDIYY) LIMITS A INSURED Langworthy, Strader, 15 Ionia SW Ste. 450 Grand Rapids GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY BP3054291 03/16/2009 03/16/2010 EACH OCCURRENCE 5 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 INSURER E. CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L — 1 GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 POLICY n PRO - JECT LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BP3054291 03/16/2009 03/16/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per acddent) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDEN $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE 5 DEDUCTIBLE RETENTION $ $ $ a� WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, descnbe under SPECIAL PROVISIONS below WC3054639 03/16/2009 03/16/2010 X ITORYLI ITS I E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE 4 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIE XCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ODIYYYY) 4/20/2009 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY INSURER, ITS AGENTS OR REPRESENTATIVES. PRODUCER Van Wyk Corporation Y rP 5211 Cascade Road SE Grand Rapids FAX (616) 942 - 8199 MI 49546 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERSAFFORDING COVERAGE NAIC INSURED Langworthy, Strader, 15 Ionia SW Ste. 450 Grand Rapids LeBlanc & Assoc. MI 49503 INSURER A. Secura INSURER B. INSURER C: INSURER D: INSURER E. FOR COVERAGE PURPOSES ONLY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES EXPIRATION DATE THEREOF, THE ISSUING INSURER 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER BE CANCELLED BEFORE THE WILL ENDEAVOR TO MAIL NAMED TO THE LEFT, BUT OF ANY KIND UPON THE FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Max Van Wyk/PATTI a ._ , -- COVERAGES CERTIFICATE HOLDER RD 25 (2001/08) IJCO9S ,n4no,ne I1WC © ACORD CORPORATION 1988 TITLE: Contract No. FY2011 -03 Kodiak Middle School /East Elementary Fuel Tank Replacement Project. SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 15, 2010 REGULAR MEETING ITEM NO: 13.A.3 This contract is for the Kodiak Middle School /East Elementary School Fuel Tank Replacement Project as shown in the construction documents prepared by Jensen Yorba Lott, Inc. The construction documents, bid documents and associated addenda are available for review. The project budget of $66,194 per tank was approved by the Assembly on January 21, 2010, through Ordinance No. FY2010 -01A. The combined project budget is $132,388 and other funding sources will be identified later. Bids were received in response to the Borough's Invitation to Bid dated June 9, 2010 and Central Environmental, Inc. was the lowest bidder for the project. The bid tabulation is attached. Kodiak Island Borough code 3.16.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: Form Ver. 06/30/2009 450 -550 452 -150 09017 -5 450 -550 452 -150 09018 -5 $132,388.00 #09017-$167,506 #09018 - $222,043 for base bid assuming no contaminated soil is encountered. RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. 2011- 03 with Central Environmental, Inc. for the Kodiak Middle School /East Elementary School Fuel Tank Replacement Project in an amount not to exceed $389,549. Init. } AlA Document AIOITM — 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the day of in the year (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) Kodiak Island Borough, Other Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska, 99615 and the Contractor: (Name, legal status, address and other information) Central Environmental Inc General Corporation 311 N. Sitka Street Anchorage Alaska 99501 Telephone Number: 907 561 0125 for the following Project: (Name, location and detailed description) East Elementary and Kodiak Middle School oil tanks replacement East Elementary and Kodiak Middle School Removal and replacement of existing buried oil tanks with above ground tanks. The Architect: (Name, legal status, address and other information) Jensen Yorba Lott Inc., General Corporation 522 W. 10th St. Telephone Number: 907 586 1070 The Owner and Contractor agree as follows. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 w -2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A101"' — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:36:07 on 07/06/2010 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (1464104292) Init. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (insert the date of commencement if it differs from the date of this Agreement or if applicable, state that the date will be fired in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may he used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document Alai"' — 2007. Copyright © 1915, 1918, 1925. 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:36:07 on 07/06/2010 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: t14641042921 Init. Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Five Hundred Fifty -four Thousand One Hundred One Dollars and Zero Cents ($ 554 101.00) subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable) Item § 4.4 Allowances included in the Contract Sum, if any: (Identik allowance and state exclusions, if any, from the allowance price.) Item Price Units and Limitations Price Per Unit ($0.00) ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the day of the month. l f an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than ( ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported AIA Document A101''' — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. NI rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:36:07 on 07/06/2010 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (1464104292) Init. by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Suni allocated to that portion of the Work in the schedule of values, less retainage of percent ( %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of ALA Document A201T" -2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), Tess retainage of percent ( %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document 4201-2007 requires release of applicable retainage upon Substantial Completion of Work svith consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201 -2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: ( /fit is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 -2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: AIA Document A101 "' — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:36:07 on 07/06/2010 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (1464104292) Init. ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 -2007, the method of binding dispute resolution shall be as follows: (Check the appropriate bor. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) Rick Gifford Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 Litigation in a court of competent jurisdiction Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201 -2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (bisert rate of interest agreed upon, if any) § 8.3 The Owner's representative: (Name, address and other information) § 8.4 The Contractor's representative: (Name, address and other information) AIA Document A101" — 2007. Copyright © 1915, 1918. 1925. 1937. 1951, 1958, 1961. 1963, 1967, 1974, 1977, 1987, 1991. 1997 and 2007 by The American Institute of Architects. AJI rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:36:07 on 07/06/2010 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (1464104292) Init. Shane Durand 311 N. Sitka Street Anchorage, Alaska 99501 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A 101 -2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201 -2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement) Number § 9.1.6 The Addenda, if any: Title Date Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E201'M -2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: AIA Document A101"' — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:36:07 on 07/06/2010 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (1464104292) Init. .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. A1A Document A201 -2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's hid are not part of the Contract Documents unless enumerated in this Agreement. They should he listed here only if intended to he part of the Contract Documents.) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201 -2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 ofAJA Document A201- 2007.) Type of insurance or bond Limit of liability or bond amount ($0.00) This Agreement entered into as of the day and year first written above. OWNER (Signature) CONTRACTOR (Signature) Rick Gifford, KIB Manager Shane Durand (Printed name and title) (Printed name and title) AM Document A101 — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. AiI rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:36:07 on 07/06/2010 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (1464104292) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, Tony Yorba, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 11:36:07 on 07/06/2010 under Order No. 6656208149 I from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document Al 01 —2007 - Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text. (Signed) (Title) (Dated) AIA Document D401" — 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:36:07 on 07/06/2010 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (1464104292) Brechan Enterprises, Inc. $ 152,700 $ 43,500 $ 69,800 $ 273,220 $ 36,520 $ 71,460 $ 647,200 Diff (Low) $ 93,099 % Diff (Low) 116.80% Kodiak Island Borough Bid Tabulation Bid Opening: KMS /East Tank Replacement 7/2/10 10:00 AM No. GENERAL CONTRACTOR BID ITEM 1 BID ITEM 2 BID ITEM 4 BID ITEM 5 BID ITEM 6 BID ITEM 3 Total (Base + Alt's) 1 Central Environmental, Inc. $ 167,506 $ 15,276 $ 67,000 222,043 $ 15,276 $ 67,000 554,101 TITLE: FISCAL NOTES: See attached spreadsheet APPROVAL FOR AGENDA: Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 15, 2010 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 - 03. ITEM NO: 13.B.1 Resolution No. FY2010 -03 Approving Fiscal Year 2011 Kodiak Island Borough Non - Profit Funding. SUMMARY: This resolution is the framework in which the Assembly distributes the Borough funds set aside in the Fiscal Year 2011 budget to various non -profit agencies. 1 Introduced by Borough Manager 2 Requested by: Borough Assembly 3 CORRECTED VERSION Drafted by: Finance Director Introduced on: 07/15/2010 4 Adopted on: 5 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2011 -03 9 10 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPROVING 11 FISCAL YEAR 2011 KODIAK ISLAND BOROUGH NON - PROFIT FUNDING 12 13 WHEREAS, the Kodiak Island Borough is fortunate to enjoy the efforts of many benevolent 14 non - profit organizations that provide services that enrich our lives; and 15 16 WHEREAS, Kodiak Area charitable non - profit organizations provide humanitarian services 17 that many of our community members rely upon; and 18 19 WHEREAS, these organizations provide expanded education, cultural, and health services 20 that cannot be provided through the ordinary governmental budget; and 21 22 WHEREAS, these organizations expand the services that can be provided, with limited 23 funds, through the utilization of volunteers; and 24 25 WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the 26 community. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH: 30 1. The Kodiak Island Borough fiscal year 2011 budget will be amended to budget 31 contributions to non - profit organizations in the amounts indicated on the 32 attached page of this resolution contingent upon each organization providing 33 their 501(c)(3) documentation. 34 2. The budget for the Kodiak Maritime Museum, in the Tourism Development 35 Fund, will be increased from $2,000 to $5,000. These funds will come from the 36 contingencies line item. 37 38 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 39 THIS DAY OF 2010 40 41 KODIAK ISLAND BOROUGH 42 43 44 45 ATTEST: Jerome M. Selby, Borough Mayor 46 47 48 49 Nova M. Javier, MMC, Borough Clerk 50 Kodiak Island Borough Resolution No. FY2011 -03 Page 1 of 2 51 FY2011 NON - PROFIT FUNDING BUDGET DETAIL FY10 FY11 FY11 Application FUNDING REQUEST ASSEMBLY Received? 501(c)3 Organization FUNDING due 4/30/10 on file HEALTH & SOCIAL SERVICES 1 American Red Cross $ 7,000 $ 7,000 $ 7,000 yes yes 2 Brother Francis Shelter 40,000 50,000 50,000 yes yes 3 Hope Community Resources 5,000 5,000 5,000 yes yes 4 Kodiak Area Transit System 15,000 15,000 15,00) yes yes 5 Kodiak Baptist Mission (Food Bank) 35,000 37,500 37,500 yes yes 6 Proudence Counseling Center (Safe Harbor) 21,060 86,400 25,000 yes yes 7 Kodiak Island Health Care Foundation (Clinic) 25,000 30,000 20,000 yes yes 8 Kodiak Women's Resource & Crisis Center 50,751 65,489 60,000 yes yes 9 Salvation Army 10,000 10,000 10,000 yes yes 10 Senior Citizens of Kodiak 35,000 35,000 35,000 yes yes 11 Kodiak Area Special Olymics 7,500 7,500 7,5001 yes yes 12 Threshold Seraces 10,315 10,315 10,315 j yes yes 13 Humane Society 4,000 5, - 4,000 yes yes HEALTH & SOCIAL SERVICES SUBTOTAL $ 265,626 $ 364,204 $ 286,315 Budget $268,000 Available $18,315 EDUCATION, CULTURE & RECREATION ' 14 KANA (WIC /ILP /Family Center) $ 12,000 $ 12,000 $ 12,000 yes yes , 15 Kodiak Public Broadcasting _ -_ _ 7,500 7,500 7,500 y es yes 16 Kodiak Arts Council 15,000 15,000 15,000 yes yes 17 Kodiak Gid Scouts 1,000 1,000 1,000 yes yes D 8 Kodiak Head Start 9,000 9,000 9,0061 yes yes j 19 Kodiak Little League 5,000 4,500 4,500', yes yes _ 20 Kodiak Teen Court' 5,100 5,100 5,100 yes yes 21 Audubon Society 1,300 1,300 1,300 yes yes f 22 Kodiak Soil & Water Conservation District - 25,356 2,8201 yes EDUCATION, CULTURE & RECREATION SUBTOTAL $ 55,900 $ 80,756 $ 58,220 Budget $77,400 "requesting space rent in lieu of cash donation Available $19,180 LATE REQUESTS 23 Kodiak Football League 24 Kodiak Island Sportsman Associaiton 3,000 3,000 �I 06/15/10 yes 5,100 9,230 - 7/2/2010 501(c)(4) Kodiak Island Borough Resolution No. FY2011 -03 Page 2 of 2 1 Introduced by: Borough Manager 2 Requested by: Borough Assembly 3 Drafted by: Finance Director Introduced on: 07/15/2010 4 Adopted on: 5 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2010 -03 9 10 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPROVING 11 FISCAL YEAR 2011 KODIAK ISLAND BOROUGH NON - PROFIT FUNDING 12 13 WHEREAS, the Kodiak Island Borough is fortunate to enjoy the efforts of many benevolent 14 non - profit organizations that provide services that enrich our lives; and 15 16 WHEREAS, Kodiak Area charitable non - profit organizations provide humanitarian services 17 that many of our community members rely upon; and 18 19 WHEREAS, these organizations provide expanded education, cultural, and health services 20 that cannot be provided through the ordinary governmental budget; and 21 22 WHEREAS, these organizations expand the services that can be provided, with limited 23 funds, through the utilization of volunteers; and 24 25 WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the 26 community. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH that the Kodiak Island Borough fiscal year 2011 budget includes contributions to 30 non - profit organizations in the amounts indicated on the attached page of this resolution 31 contingent upon the provision of each organization of its 501C3 documentation. 32 33 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 34 THIS DAY OF 2010 35 36 KODIAK ISLAND BOROUGH 37 38 39 40 ATTEST: Jerome M. Selby, Borough Mayor 41 42 43 44 Nova M. Javier, MMC, Borough Clerk 45 46 47 Kodiak Island Borough Resolution No. FY2010 - Page 1 of 2 48 49 FY2011 NON - PROFIT FUNDING BUDGET DETAIL Organization HEALTH & SOCIAL SERVICES 1 American Red Cross 2 Brother Francis Shelter 3 Hope Community Resources 4 Kodiak Area Transit System 5 Kodiak Baptist Mission (Food Bank) 6 Providence Counseling Center (Safe Harbor) 7 Kodiak Island Health Care Foundation (Clinic) 8 Kodiak Women's Resource & Crisis Center 9 Salvation Army 10 Senior Citizens of Kodiak 11 Kodiak Area Special Olymics 12 Threshold Services 13 Humane Society HEALTH & SOCIAL SERVICES SUBTOTAL EDUCATION, CULTURE & RECREATION 14 KANA (WIC /ILP /Family Center) 15 Kodiak Public Broadcasting 16 Kodiak Arts Council 17 Kodiak Gid Scouts 18 Kodiak Head Start 19 Kodiak Island Sportsman's Association 20 Kodiak Little League 21 Kodiak Teen Court* 22 Kodiak Rodeo & State Fair 23 Kodiak Island Bed & Breakfast Assoc 24 Audubon Society 25 Kodiak Soil & Water Conservation District EDUCATION, CULTURE & RECREATION SUBTOTAL $ 'requesting space rent in lieu of cash donation NEW REQUESTS Gentle Transitions Kodiak Soil & Water Conservation District LATE REQUEST Kodiak Football League Kodiak Island Borough FY10 FUNDING $ 7,000 $ 7,000 40,000 50,000 5,000 5,000 15,000 15,000 35,000 37,500 21,060 86,400 25,000 30,000 50,751 65,489 10,000 10,000 35,000 35,000 7,500 7,500 10,315 10,315 4,000 5,000 $ 265,626 $ 364,204 $ $ 12,000 $ 12,000 7,500 7,500 15,000 15,000 1,000 1,000 9,000 9,000 5,100 no request received 5,000 4,500 5,100 5,100 requests annual rent waived in Ileu of payment no request received no request received 1,300 1,300 25,356 61,000 $ 80,756 $ Budget Available no amount 25,355.76 FY11 FY11 ASSEMBLY REQUEST FUNDING Budget Available 3,000 3,000 $268,000 $268,000 $94,800 $94,800 Application Received? 501(c)3 due 4/30110 on file yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes Resolution No. FY2010 -03 Page 2 of 2 TITLE: Ordinance No. FY2011 -02 An Ordinance of the Assembly of the Kodiak Island Borough Placing the Question of the Adoption of a Sales Tax on the October 5, 2010, Regular Election Ballot. SUMMARY: The voters approved a $76,310,000 bond issue during the October 6, 2009, General Election. Because of this bond issue, renewal and replacement project funding (interfund loans), and our current operating deficit, the Borough needs to increase revenues about $4,000,000 per year. This equates to approximately 4 mills. If the Borough would adopt a 2% sales tax, with similar exemptions as the City of Kodiak, the Borough would avoid this 4 mill property tax increase. By adopting a sales tax the entire populace would help pay for these expenditures, not just the property owners. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 15, 2010 REGULAR MEETING ITEM NO: 13.C.1 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2011 -02 in first reading to advance to public hearing at the next regular Assembly meeting. Form Ver. 06/30/2009 1 2 3 4 5 6 7 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2011 -02 Introduced by: KB Assembly Requested by: KIB Assembly Drafted by: Karl Short Introduced: 07/15/2010 Public Hearing: Adopted: 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 SUBMITTING THE QUESTION OF THE ADOPTION OF A SALES TAX 11 TO THE QUALIFIED VOTERS OF THE BOROUGH AT THE 12 OCTOBER 5, 2010 REGULAR ELECTION 13 14 WHEREAS, in the October 5, 2009 general election, the voters of the Kodiak Island 15 Borough approved a $76,310,000 bond issue to finance the planning, design and 16 construction of school and related capital improvement projects; and 17 18 WHEREAS, when these bonds are sold, the Kodiak Island Borough must increase its 19 revenues to make the principal and interest payments on these bonds; and 20 21 WHEREAS, the Assembly desires to implement tax measures which will generate the 22 additional revenue needed to finance education and debt retirement in a way that spreads 23 the tax burden across the entire populace instead of just on the property owners; and 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH THAT: 27 28 Section 1: This ordinance is of a general and permanent nature and shall become a part 29 of the Kodiak Island Borough Code of Ordinances; 30 31 Section 2: It is the intent of the Kodiak Island Borough Assembly that the Kodiak Island 32 Borough adopts sales tax powers as follows: 33 34 • The sales tax shall be an amount of up to two percent (2 %). 35 36 • This will be a Borough wide tax and will be in addition to any sales taxes 37 imposed by cities within the Borough. 38 39 • This tax will only be used to finance education and debt retirement 40 41 • The Kodiak Island Borough Assembly is empowered to enact such 42 ordinances as necessary to implement and administer the collection of 43 the tax. 44 45 • This tax amount may not be increased without further voter approval. 46 47 48 49 Kodiak Island Borough Ordinance No. FY2011 -02 Page 1 of 2 50 51 Section 3: The Borough shall submit the following proposition to the qualified voters of 52 the Borough at the October 5, 2010 regular Borough election. The proposition 53 must receive an affirmative vote from a majority of the qualified voters voting 54 on the question to be approved. 55 56 Proposition No. 1 57 Sales Tax 58 59 Shall the Kodiak Island Borough adopt sales tax powers and levy a sales tax 60 of up to two percent (2 %) of sales, rents, and services provided in the 61 Borough? 62 0 YES cm NO 63 64 65 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 66 THIS DAY OF 2010 67 68 69 KODIAK ISLAND BOROUGH 70 71 72 73 Jerome M. Selby, Borough Mayor 74 75 ATTEST: 76 77 78 79 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2011 -02 Page 2 of 2 TITLE: Ordinance No. FY2011 -03 Amending the Kodiak Island Borough Code of Ordinances Title 1 General Provisions. SUMMARY: The Kodiak Island Borough Assembly recognizes that some sections of the Borough code are outdated and that deficiencies, conflicts, or obsolete provisions and citations need to be corrected. Many sections also need to be brought into compliance with existing laws and regulations. Staff researched codes from other municipalities, considered the Alaska Statutes, and consulted with Borough staff to determine the changes that needed to be made to this title. The proposed ordinance revisions were reviewed by the Borough Attorney for compliance. Most of the changes that are being proposed came from the legal review as the Borough Code went through the recodification process. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 15, 2010 REGULAR MEETING ITEM NO: 13.C.2 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2011 -03 in first reading to advance to public hearing at the next regular Assembly meeting. Section Explanation 1.01.010 Change to accurate reference from 29.48.180 to 29.25.050 And AS 29.25.050 1.01.030 "Within three years after incorporation of a municipality, the municipal clerk or the clerk's designee shall have prepared a general codification of all municipal ordinances of general applicability having the force and effect of law. The municipal code shall be revised and printed at least every five years, unless the code is kept current by regular supplements." 1.01.040 Included historical wording regarding the code. April 4, 1974 original code was published by Book Publishing Company and was updated by supplements by the same company. January 1987 clerk's office assumed the responsibility of updating the code by supplements. December 1, 2008 the code was republished by Code Publishing Company. Supplements were also updated by the same company. 1.10.020 Included wording to make this section agree with 1.05.010 C which states "The clerk shall edit and revise the laws as they are enacted by the assembly, without changing the meaning of any law, so as to avoid the use of pronouns denoting masculine or feminine gender." 1.20.010 Sec. 29.25.070. Penalties. (a) For the violation of an ordinance, a municipality may by ordinance prescribe a penalty not to exceed a fine of $1,000 and imprisonment for 90 days. For a violation that cannot result in incarceration or the loss of a valuable license, a municipality may allow disposition of the violation without court appearance and establish a schedule of fine amounts for each offense. Sec. 12.55.039. Surcharge. (2) violation of a misdemeanor offense under AS 28.33.030 , 28.33.031, AS 28.35.030 , or 28.35.032, or a violation of a municipal ordinance comparable to a misdemeanor offense under AS 28.33.030 , 28.33.031, AS 28.35.030, or 28.35.032 and adopted under AS 28.01.010 , shall be assessed a surcharge of $75z Introduced by: Borough Assembly Requested by: Borough Assembly 1 Drafted by: Borough Clerk 2 Introduced: 07/15/2010 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2011 -03 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH • 9 AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES 10 TITLE 1 GENERAL PROVISIONS 11 12 WHEREAS, the Kodiak Island Borough Assembly recognizes that some sections of the 13 Kodiak Island Borough code are outdated; and 14 15 WHEREAS, the Kodiak Island Borough Assembly wishes to correct deficiencies, conflicts, 16 or obsolete provisions and citations; and 17 18 WHEREAS, the Kodiak Island Borough Assembly wishes to update different sections to 19 bring them into compliance with existing laws and regulations; and 20 21 WHEREAS, staff research and proposal considered Alaska Statutes, codes from other 22 municipalities, and consultation with Borough staff; and 23 24 WHEREAS, this ordinance has been reviewed by the Borough Attorney for compliance. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH THAT: 28 29 Section 1: This ordinance is of a general and permanent nature and shall become a part 30 of the Kodiak Island Borough Code of Ordinances. 31 32 Section 2: The Kodiak Island Borough Code of Ordinances Title 1 General Provisions is 33 hereby amended as follows: 34 Title 1 35 GENERAL PROVISIONS 36 Chapters: 37 1.01 Code Adoption 38 1.05 Supplemental Codification 39 1.10 General Provisions 40 1.15 Borough Seal 41 1.20 General Penalty 42 Chapter 1.01 43 CODE ADOPTION 44 Sections: 45 1.01.010 Adoption. 46 1.01.020 Title — Citation — Reference. 47 1.01.030 Codification authority. 48 1.01.040 Ordinances passed prior to adoption of the code. 49 1.01.050 Reference applies to all amendments. Kodiak Island Borough Ordinance No. FY2011 -03 Page 1 of 6 50 1.01.060 Title, chapter, and section headings. 51 1.01.070 Reference to specific ordinances. 52 1.01.080 Effective date. 53 1.01.090 Constitutionality. 54 1.01.100 Severability. 55 1.01.110 Effect of repeals or amendments. 56 1.01.120 Provisions self- executing. 57 * For statutory provisions requiring municipalities to codify each ordinance after adoption, 58 see AS 29.25.050. 59 1.01.010 Adoption. 60 As authorized by AS 20.118.18029.25.050, there is adopted the "Kodiak Island Borough 61 Code," as compiled, edited, and published by Book Publishing Company of Seattle, 62 Washington in 1974. The "Kodiak Island Borough Code" was republished by the Code 63 Publishing Company of Seattle, Washington in 2008. 64 1.01.020 Title — Citation — Reference. 65 This code shall be known as the "Kodiak Island Borough Code," and it is sufficient to 66 refer to the code as the "Kodiak Island Borough Code" in any prosecution for the violation of 67 any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate 68 any ordinance adding to, amending, correcting, or repealing all or any part or portion thereof 69 as an addition to, amendment to, correction, or repeal of the Kodiak Island Borough Code. 70 Further reference may be had to the titles, chapters, sections, and subsections of the Kodiak 71 Island Borough Code and such references shall apply to that numbered title, chapter, 72 section, or subsection as it appears in the code. 73 1.01.030 Codification authority. 74 This code consists of all the regulatory and penal ordinances and certain of the 75 administrative ordinances of the Kodiak Island Borough, Alaska, codified pursuant to the 76 provisions of AS 20.118.18029.25.050. 77 1.01.040 Ordinances passed prior to adoption of the code. 78 The last ordinance included in the initial code published by Book Publishing Company is 79 Ordinance 74 -13 -0, passed April 4, 1974. 80 Ordinanco 71 13 0, but prior to tho adoption of this codo, aro adoptod and mado a part of 81 this codo: Ordinanco 71 12 0. During original codification, the ordinances were compiled, 82 edited, and indexed by the editorial staff of Book Publishing Company. Since January .1987, 83 the Borough Clerk's Office has been responsible for keeping the code current up to 84 Ordinance No. FY2007 -16. On December 1, 2008, the code was republished by Code 85 Publishing Company which included Ordinance No. FY2008 -17 passed March 20, 2008. 86 Code Publishing Company is responsible for subsequent supplements. 87 1.01.050 Reference applies to all amendments. 88 Whenever a reference is made to this code as the "Kodiak Island Borough Code" or to 89 any portion thereof, or to any ordinance of the Kodiak Island Borough, Alaska, the reference 90 shall apply to all amendments, corrections, and additions heretofore, now or hereafter made. 91 1.01.060 Title, chapter, and section headings. 92 Title, chapter, and section headings contained in this code shall not be deemed to 93 govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions 94 of any title, chapter, or section of this code. Kodiak Island Borough Ordinance No. FY2011 -03 Page 2 of 6 95 1.01.070 Reference to specific ordinances. 96 The provisions of this code shall not in any manner affect matters of record which refer 97 to, or are otherwise connected with, ordinances which are therein specifically designated by 98 number or otherwise and which are included within the code, but such reference shall be 99 construed to apply to the corresponding provisions contained within this code. 100 1.01.080 Effective date. 101 This code shall become effective on the date the ordinance adopting this code as the 102 "Kodiak Island Borough" becomes effective. 103 1.01.090 Constitutionality. 104 If any section, subsection, sentence, clause, or phrase of this code is for any reason 105 held to be invalid or unconstitutional, such decision shall not affect the validity of the 106 remaining portions of this code. The assembly declares that it would have passed this code, 107 and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact 108 that any one or more sections, subsections, sentences, clauses, or phrases had been 109 declared invalid or unconstitutional, and if for any reason this code should be declared 110 invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and 111 effect. 112 1.01.100 Severability. 113 Every title and chapter of this code and every ordinance or resolution heretofore or 114 hereafter enacted by the assembly which lacks a severability clause shall be construed as 115 though it contained the clause in the following language: 116 If any provision of this ordinance or resolution or application thereof to 117 any person or circumstance is held invalid, the remainder of this 118 ordinance or resolution and the application to other persons or 119 circumstances shall not be affected thereby. 120 1.01.110 Effect of repeals or amendments. 121 A. The repeal or amendment of any ordinance or resolution does not release or 122 extinguish any penalty, forfeiture, liability incurred, or right accruing or accrued under such 123 law, unless the repealing or amending act so provides expressly. The law shall be treated as 124 remaining in force for the purpose of sustaining any proper action or prosecution for the 125 enforcement of the right, penalty, forfeiture, or liability. 126 B. The expiration of a temporary law does not release or extinguish any penalty, 127 forfeiture, or liability incurred or right accruing or accrued under such law unless the 128 temporary law so provides expressly and such law shall be treated as still remaining in force 129 for the purpose of sustaining any proper action or prosecution for the enforcement of such 130 penalty, forfeiture, or liability, or right accruing or accrued. 131 C. When any ordinance repealing a former ordinance, section, or provision is itself 132 repealed, the repeal does not revive the former ordinance, section, or provision, unless it is 133 expressly so provided. 134 1.01.120 Provisions self- executing. 135 The provisions of this code shall be construed to be self- executing whenever possible. 136 137 Kodiak Island Borough Ordinance No. FY2011 -03 Page 3 of 6 138 Chapter 1.05 139 SUPPLEMENTAL CODIFICATION 140 Sections: 141 1.05.010 Codification procedure generally. 142 1.05.010 Codification procedure generally. 143 A. Subject to the general policies which may be promulgated by the assembly for the 144 preparation and publication of the cumulative supplements to the code of ordinances of the 145 Kodiak Island Borough, the clerk shall revise for consolidation into the code of ordinances of 146 the Kodiak Island Borough all ordinances of a general and permanent nature enacted by the 147 assembly. 148 B. The clerk shall edit and revise the ordinances for consolidation without changing the 149 meaning of any ordinance in the following manner: 150 1. Number or renumber sections, parts of sections, articles, chapters, and titles; 151 2. Change the wording of section or subsection titles, or delete subsection titles, and 152 change or provide new titles for articles, chapters, and titles; 153 3. Change capitalization for purpose of uniformity; 154 4. Substitute the proper calendar date for "effective date of this ordinance," "date of 155 passage of this ordinance," and other phrases of similar import; 156 5. Substitute the proper designation for the terms "the preceding section," "this 157 ordinance," and like terms; 158 6. Strike out figures if they are merely a repetition of written words or vice versa for 159 the purpose of uniformity; 160 7. Correct manifest errors which are clerical, typographical, errors in spelling, or 161 errors by way of additions or omissions; 162 8. Correct manifest errors in reference to ordinances; 163 9. Rearrange sections, combine sections or parts of sections with other sections or 164 parts of sections, divide a long section into two or more sections, and rearrange the order of 165 sections to conform to a logical arrangement of subject matter as may most generally be 166 followed in the code of ordinances; 167 10. Change all sections, when possible, to read in the present tense, indicative 168 mood, active voice, third person, and singular number, or any other necessary grammatical 169 change in the manner generally followed in the code of ordinances; 170 11. Delete or change sections or parts of sections if a deletion or change is 171 necessary because of other ordinance amendments which did not specifically amend or 172 repeal them; and 173 12. Omit all temporary ordinances, all titles to ordinances, all enacting and repealing 174 clauses, all declarations of emergency and all purpose, validity, and construction clauses 175 unless, from their nature, it may be necessary to retain some of them to preserve the full 176 meaning and intent of the ordinance. 177 C. The clerk shall edit and revise the laws as they are enacted by the assembly, without 178 changing the meaning of any law, so as to avoid the use of pronouns denoting masculine or 179 feminine gender. 180 D. The clerk shall make recommendations to the assembly concerning deficiencies, 181 conflicts, or obsolete provisions in the code and at the direction of the assembly, the clerk 182 shall draft ordinances for consideration by the assembly to correct and remove deficiencies, 183 conflicts, or obsolete provisions in ordinances of the borough. 184 185 Kodiak Island Borough Ordinance No. FY2011 -03 Page 4 of 6 186 Chapter 1.10 187 GENERAL PROVISIONS 188 Sections: 189 1.10.010 Grammatical interpretation. 190 1.10.020 Tense, number, and gender. 191 1.10.030 Definitions. 192 1.10.040 Effective dates of ordinances, resolutions, and other actions of the 193 assembly — Time. 194 1.10.010 Grammatical interpretation. 195 Words and phrases shall be construed according to the rules of grammar and according 196 to the common and approved usage. Technical words and phrases, and those which have 197 acquired a peculiar and appropriate meaning whether by legislative definition or otherwise, 198 shall be construed according to the peculiar and appropriate meaning. 199 1.10.020 Tense, number, and gender. 200 A. Words in the present tense include the past and future tenses, and words in the future 201 tense include the present tense. 202 B. Words in the singular number include the plural and words in the plural number 203 include the singular. 204 C. As much as possible pronouns denoting masculine or feminine gender should be 205 avoided. If there are words of the masculine gender, they include the feminine and neuter 206 and when the sense so indicates, words of the neuter may refer to any gender. 207 1.10.030 Definitions. 208 As used in the ordinances and resolutions of the Kodiak Island Borough, unless the 209 context otherwise requires: 210 "Administrative official" means the individual designated by assembly resolution to act as 211 manager during the manager's absence or disability; 212 "Assembly" means the elected governing body of the Kodiak Island Borough; 213 "Attorney" means the legal advisor of the governing body and other officials of the 214 borough; 215 "Borough" means the Kodiak Island Borough; 216 "Clerk" means the borough clerk duly appointed by the assembly; 217 "Code" means the code of ordinances of the borough; 218 "Deputy presiding officer" means the deputy presiding officer of the assembly appointed 219 by the assembly; 220 "Law" includes ordinances of the borough; 221 "Manager" means the chief administrator of the borough; 222 "Mayor" means the elected mayor of the borough and presiding officer to the assembly; 223 "Oath" means an oath or an affirmation in all cases where by law an affirmation may be 224 submitted for an oath and in such case the words "swear" and "sworn" shall be equivalent to 225 the words "affirm" and "affirmed "; 226 "Owner," as applied to building or land, means an owner, part owner, tenant in common, 227 or tenant by the entirety of the whole or part of the land or building; 228 "Person" means a corporation, partnership, firm, association, organization, business, 229 trust, or society as well as a natural person; 230 "Registered mail" means registered or certified mail; 231 "School board" means those persons elected to the Kodiak Island Borough School 232 Board of Education; and 233 "Seal" means the corporate seal of the borough. Kodiak Island Borough Ordinance No. FY2011 -03 Page 5 of 6 234 1.10.040 Effective dates of ordinances, resolutions, and other actions of the assembly 235 — Time. 236 An ordinance, resolution, or other action takes effect at midnight on the day of adoption 237 unless the ordinance, resolution, or other action provides that it shall take effect at a 238 specified time, in which case the ordinance, resolution, or other action takes effect at the 239 time specified. If the ordinance, resolution, or other action specifies that it shall become 240 effective on a given day, but does not specify a time, the ordinance, resolution, or other 241 action shall become effective at midnight on the day specified. 242 243 Chapter 1.15 244 BOROUGH SEAL 245 Sections: 246 1.15.010 Adopted — Description. 247 1.15.010 Adopted — Description. 248 The following is adopted as the official corporate seal of the Kodiak Island Borough: A 249 two -inch circle circumscribed around a one and one - quarter -inch circle with the words 250 "Kodiak Island Borough" on the upper half of the seal between the larger and smaller 251 inscribed circles, and the word "Alaska" and the date "1963" placed between the larger and 252 smaller circles on the bottom half of the seal between the larger and smaller inscribed 253 circles, with a star centered between them, and the borough logo inscribed within the 254 smaller circle. 255 256 Chapter 1.20 257 GENERAL PENALTY 258 Sections: 259 1.20.010 Designated. 260 1.20.020 Scope of prohibitions. 261 * For statutory provisions authorizing the assembly to prescribe punishment not to exceed 262 a fine of $1,000 or imprisonment for 90 days, or both, for violation of codified ordinances, 263 see AS 29.25.070. 264 265 1.20.010 Designated. 266 A violation of a provision of this code is an offense punishable upon conviction by a fine 267 of not more than $500.001,000 or by imprisonment not to exceed 390 days, or both, in 268 addition to the surcharge required to be imposed under AS 12.55.039. If another penalty is 269 established by ordinance for the provision violated, that penalty shall apply. Each day during 270 which a continuing violation exists or is repeated shall be a separate and distinct violation. 271 1.20.020 Scope of prohibitions. 272 When an ordinance of the borough prohibits an act or an omission, it shall be construed 273 to prohibit causing, aiding, abetting, or concealing the fact of the act or omission. 274 275 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 276 THIS DAY OF 2010 277 278 KODIAK ISLAND BOROUGH 279 280 281 282 ATTEST: Jerome M. Selby, Borough Mayor 283 284 285 286 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2011 -03 Page 6 of 6 ACTION ITEMS: APPROVED: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — June 21, 2010 SUMMARY Motion to approve the agenda and consent agenda to include: *Approval of Minutes - Regular Meeting Minutes of May 24, 2010 and Special Meeting Minutes of June 7, 2010, as presented. *Approval of World Languages Curriculum Document as presented. *Approval of Resolution Number 0910 -001, Amendments to the Cooperative Participation Agreement and Bylaws of the Alaska Municipal League Joint Insurance Association, Inc. as presented. *Approval of Resolution Number 0910 -002, Opposition to Proposition 1 — An Initiative Creating an Alaska Anti - Corruption Act as presented. *Acceptance of FYl O State Fiscal Stabilization Fund (SFSF) Grant Amendment in the amount of $377,118, for a total grant award of $1,142,780. *Acceptance of FYI 1 Fresh Fruit and Vegetables Grant Award in the amount of $19,065. *Approval of FY1 1 School Meals Food and Supplies Bid Awards to include purchase requisition number 00023819 to Food Services of America in the amount of $95,737; purchase requisition number 00023831 to Cost Savers Nickel & Dime, Inc. in the amount of $16,181.16; purchase requisition number 00023833 to Northern Sales Company of Alaska in the amount of $13,046.37; purchase requisition number 00023935 to Challenge Dairy Products, Inc. in the amount of $175,000; purchase requisition number 00023847 to Food Services of America in the amount of $20,719.05; and purchase requisition number 00023848 to Bee Bee Que, Inc. in the amount of $10,692.30. *Approval of FY11 Custodial Supplies Bid Awards to include purchasc requisition number 00023930 to Unisource Worldwide, Inc. in the amount of $27,159.20. *Approval of FYI l General Office and Art Supplies Bid Awards to include purchase requisition number 00023933 to Pyramid School Products in the amount of $21,901.20 and purchase requisition number 00023934 to Xerox Corporation in the amount of $25,006.80. Kodiak Island Borough School District Board of Education Regular Meeting — June 21, 2010 SUMMARY Page 2 of 2 *Approval of purchase requisition number 00023941 to Lindarnood- -Bell in the amount of $99,750 for professional development and on -site mentoring. *Approval of FYI 1 Carl Perkins Vocational Education Secondary Grant Intent to Apply in the amount of $46,550. APPROVED: Motion to acknowledge receipt of the April 2010 Report of Revenues and Expenditures, year -to -date general fund revenues in the amount of $29,110,703 and year -to -date general fund expenditures in the amount of $26,451,137 PUBLIC HEARING: Acting School Board President Peggy Rauwolf opened a Public Hearing to allow for comments from members of the community regarding the FYI I Adjusted Proposed Budget. No comments were given. APPROVED: Motion to approve the FYI 1 Adjusted Proposed Budget in thc amount of $42,452,023, with request for Borough support in thc amount of $10,275,350; of which $803,350 is in -kind services and $9,472,000 is appropriation. APPROVED: Motion to approve a 2010/2011 certificated contract to Brianna Pannell — MA+0/1 in the amount of $50,986 for 1.0 FTE librarian at Kodiak High School. APPROVED: Motion to approve purchase requisition number 00024142 to Calvert Curriculum in the amount of $13,883 for correspondence courscwork. APPROVED: Motion to approve Extended School Year transportation to include purchase requisition number 00024092 to First Student, Inc. in the amount of $16,425.72 for June 2010 and purchase requisition number 00024093 to First Student, Inc. in the amount of $16,425.72 for July 2010. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kodiakschools.org. cilThA 0( 41 S(9 — Witt 'UAW ) .ACC LL 1 ( G e,84A k .e AkstA aect -e__,/V - cA50 n i ` /� /7Th ` \\ KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of:, LL Please PRINT your name Please PRINT your name Kodiak Island Borough Assembly Regular Meeting Guidelines July 15, 2010, 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 Mayor Selby who is attending the NACo conference and Assembly member Jeffrey 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 June 3 and June 17, 2010, and Special Meeting of June 20, 2010. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting of June 3 and June 17, 2010, and Special Meeting of June 20, 2010. 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter — Manager Gifford 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 9. PUBLIC HEARING 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. Kodiak Island Borough Assembly Guidelines July 15, 2010 Page 1 13. NEW BUSINESS A. Contracts 1. Contract No. FY2011 -01 Assembly Chambers Electronics Remodel. Recommended motion: Move to authorize the manager to execute Contract No. FY2011 -01 with Imig AudioNisual of Anchorage, Alaska for the Assembly Chambers Electronics Remodel in the amount not to exceed $50,107.87. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Contract No. FY2011 -02 A Professional Services Contract to Update Title 16 Subdivision, Title 17 Zoning, and Title 18 Borough Real Property of the Kodiak Island Borough Code. Recommended motion: Move to authorize the manager to execute Contract No. FY2011 -02 with LSL Planning, Inc. of Grand Rapids, MI for the Professional Services Contract Updating Title 16 Subdivision, Title 17 Zoning, and Title 18 Borough Real Property of the Kodiak Island Borough Code in the amount not to exceed $322,372. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 3. Contract No. FY2011 -03 Kodiak Middle School /East Elementary Fuel Tank Replacement Project. Recommended motion: Move to authorize the manager to execute Contract No. FY2011 -03 with Central Environmental, Inc. for the Kodiak Middle School /East Elementary School Fuel Tank Replacement Project in an amount not to exceed $389,549. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 15, 2010 Page 2 B. Resolutions 1. Resolution No. FY2011 -03 Approving Fiscal Year 2011 Kodiak Island Borough Non - Profit Funding. Clerk's Note: Attached on Breen paper) is a corrected version of Resolution No. FY2011 -03. Recommended motion: Move to adopt Resolution No. FY2011 -03. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2011 -02 Submitting the Question of the Adoption of a Sales Tax to the Qualified Voters of the Borough at the October 5, 2010 Regular Election. Recommended motion: Move to adopt Ordinance No. FY2011 -02 in first reading to advance to public hearing at the next regular Assembly meeting. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Ordinance No. FY2011 -03 Amending Kodiak Island Borough Code of Ordinance Title 1 General Provisions. Recommended motion: Move to adopt Ordinance No. FY2011 -03 in first reading to advance to public hearing at the next regular Assembly meeting. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 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 — Deputy Presiding Officer Branson The next Assembly work session will be held on Thursday, July 29, 2010, at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, August 5, 2010, at 7:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Guidelines July 15, 2010 Page 3 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 15, 2010 Page 4 BY: SECOND: BY: SECOND: ��,1 A1�'"' BY: SECOND: l 011) X iti J it) BY: /zi<tlep SECOND: W Cs---sfAL pv.o11 BY: SECOND: 641-6 /72140H 4.A tel - 1-- ' YES NO YES NO YES NO YES NO YES NO Ms. Branson Ms. Branson Ms. Branson Ms. Branson ✓ Ms. Branson Mr. Friend. ✓ Mr. Friend Mr. Friend$ y( Mr. Friend , ! [ Mr. Friend t/ Ms. Fulp ✓ Ms. Fulp Ms. Fulp Ms. Fulp ✓ Ms. Fulp / �[ 1 Ms. Jeffrey als Jeffre a -ffre „ _ • - Ms- Jeffrey _ Mr. Kaplan 17 Mr. Kaplan Mr. Kaplan Mr. Kaplan I/ Mr. Kaplan Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch t / Ms. Stutes ✓ Ms. Stutes Ms. Stutes Ms. Stutes ✓ Ms. Stutes I V CHANGE OF VOTE? CHANGE OF VOTE? HANGE OF VOTE? CHAN E OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? TOTAL: TOTAL: TOTAL: TOTAL: 4 0 TOTAL: & 0 The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. May. Selb u- - -. u_ - -S. _ -.. - . Regular J Special Convened: y % 310 p• in Vk piL�LC/ cee, KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: D1 Adjourned: aD Mr. Friend Ms. Fulp M Ms. Stutes Mayor. Regular ,L Special Convened: 1:30 r• m BY: k,. „Dm ., , SECOND: a& 7 .cc� Ms. Branson Mr. Kaplan Ms. Lynch eccalkai F1140 li -a3 V 20k YES NO . Y/ I tettpt SECOND: d i cy ;5 /1 - o 3 L A-41u re BY: Ms. Branson Mr. Friend Ms. Fulp KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: / - /5 01.0 /0 YES V Ms. Lynch # ✓ ✓ NO BY: SECOND: s—Jeffrey V Ms- Jeffry— " fe, Mr. Kaplan Mr. Kaplan Ms ffrutrr Mr. Kaplan v Mr. Kaplan Ms. Branson Mr. Friend Ms. Fulp Ms. Lynch YES NO BY: ic•c-e a, SECOND: ?a Ms. Branso Mr. Friend Ms. Fulp Adjourned: Y; tip. /77 YES Ms. Lynch NO BY: �/'/GLe4�/ SECOND: afiet4) Ms. Branson Mr. Friend Ms. Fulp Ms. Stutes Ms. Stutesir >/ Ms. Stutes CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? Ms. Lynch Ms. Stutes YES / NO TOTAL: I TOTAL: ( h TOTAL: ( - Q O TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly 4