Loading...
2010-08-05 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, August 5, 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 Meeting of July 1, 2010. 6. AWARDS AND PRESENTATIONS A. Proclamations — Health Care Week B. Longevity Awards 7: CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments COMMITTEE REPORTS 9. PUBLIC HEARING A. 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. B. Ordinance No. FY2011 -03 Amending Kodiak Island Borough Code of Ordinance Title 1 General Provisions. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 1. Contract No. FY2011 -06 Kodiak Middle School Emergency Generator Installation 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 C. Ordinances for Introduction D. Other Items 1. Approval of Revised Planning and Zoning Commission By -Laws. 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 B. Reports 1. Kodiak Island Borough School District Special Meeting Summaries of July 2 and July 12, 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 Mayor Selby led the Pledge of Allegiance. KODIAK ISLAND BOROUGH Assembly Regular Meeting July 1, 2010 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, July 1, 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. 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, Finance Director Karl Short, Engineering and Facilities Director Woody Koning, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON 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 20, 2010, and Special Meeting Minutes of June 1, 2010, were approved under the consent agenda. AWARDS AND PRESENTATIONS Manager Gifford presented the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award to Finance Director Karl Short. CITIZENS' COMMENTS Jan Chatto spoke on concerns regarding lack of housing for transients in Kodiak. COMMITTEE REPORTS None. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Gifford provided the following: • Provided visitor statistics for the Kodiak Fisheries Research Center for the month of June 2010, which had increased from June 2009. • Payment in Lieu of Tax from the U.S. Coast Guard was received. • Annual leave dates were July 2 -9, 2010. Kodiak Island Borough Assembly Minutes July 1, 2010 Page 786 MESSAGES FROM THE BOROUGH MAYOR Mayor Selby wished everyone a safe and happy Fourth of July holiday. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2007 -22A Amending Contract No. FY2007 -22 Kodiak Landfill Lateral Expansion Design and Construction Services. FRIEND moved to authorize the manager to execute Contract No. FY2007 -22A Amendment to Contract No. FY2007 -22 with CH2M Hill, Inc. of Anchorage, Alaska in the amount not to exceed $381,647. The Kodiak Island Borough Landfill was fast approaching capacity and a lateral, lined expansion cell needed to be designed and constructed. This change order would incorporate the previous work contracted with CH2M Hill for the leachate treatment expansion so that all leachate, for the existing and the lined lateral expansion, would be managed the same. Initially, the leachate data would be reviewed and a determination made as to whether or not the City of Kodiak would accept the leachate at its wastewater treatment facility. The leachate design schedule would parallel the lateral expansion design schedule. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. Resolutions None. Ordinances for Introduction None. Other Items Mayor Selby recessed the regular meeting and convened the Board of Adjustment at 7:41p.m. 1. BOARD OF ADJUSTMENT Adoption of Findings of Fact Affirming 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. Mayor Selby announced that this was the continuation of the June 17, 2010, proceedings of the Board of Adjustment. FRIEND moved to adopt the findings of fact in support of the Board of Adjustment's decision 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 Kodiak Island Borough Assembly Minutes July 1, 2010 Page 787 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 were seeking specific relief. Appellants: Richard and Nancy Diemer. FINDINGS OF FACT • Mr. and Mrs. Baker acquired a zoning compliance and building permit for a single family dwelling in 2000 that identified their potential use of the structure as a Bed and Breakfast (B &B) facility; • Pasagshak resident Mr. Richard Diemer submitted a zoning violation complaint to Community Development Department staff on September 24, 2009; • An investigation into the complaint resulted in the issuance of a Notice of Violation to the Bakers on November 18, 2009, to discontinue the unlawful use (full service lodge, including guiding and transport services) of the land and structure; • A written appeal to the Planning and Zoning Commission of the Notice of Violation was made by the Bakers on December 28, 2009; • The Bakers acquired a zoning compliance (change of use) permit to provide B &B services at their single family residence in Pasagshak on December 29, 2009; and • On December 29, 2009, the Bakers acquired a zoning compliance permit for "fishing activities" when an owner occupied dwelling was present on the premises. Based on a February 26, 1986, definition of "fishing activities ", Mr. Baker was allowed to store his vessel and fishing equipment and conduct sport, subsistence, setnet fishing, and other commercial fishing activities from his Pasagshak lot. B &B Services • The Bakers had acquired the necessary Borough permits to operate a B &B on their Pasagshak lot; • The definition of a B &B as found in KIBC 17.25.030 included overnight accommodations and a morning meal to transients for compensation; and • This definition defined the minimum requirements of services offered at a B &B. To restrict meals offered at a B &B to only a morning meal did not make sense for a facility located out of town and away from other restaurants or places that provided meals. If requiring an alternative location away from the Bakers B &B, clients would be required to drive a significant and unnecessary distance to dine elsewhere. Offering meals at other times of the day, including lunch and evening meals, was an acceptable service to offer. Home Occupation • Mr. Baker was required to reside at the Pasagshak residence when he operated his businesses; • Mr. Baker's home occupation did not occupy more that 25% of the dwelling's floor area; • Based on public testimony at the Planning and Zoning Commission meeting of February 17, 2010, the operation of the A River Inn and Fish Kodiak Adventures did not change the essential residential character of the Pasagshak neighborhood; and • It was clear that the neighborhood character of Pasagshak was one of "active recreation" of many types, conducted at various hours of the day. Fishing Activities • Based on the definition of "fishing activities" as defined in the 1986 Administrative Opinion, and in an effort to consistently apply this definition, Mr. Baker's charter boat activities were consistent with the definition; Kodiak Island Borough Assembly Minutes July 1, 2010 Page 788 • Mr. Baker had acquired the necessary Borough zoning compliance permit to operate his charter boat business and thereby met this standard; and • Mr. Baker was required to reside at the residence in order to meet the definition of fishing activities as required in KIBC 17.70.020 which required an owner— occupied dwelling was present on the premises. Comprehensive Plan • Mr. Baker's activities were consistent with the adopted comprehensive plans and met the zoning code requirements and standards for the RR1 zoning district; • The seasonal nature of Mr. Baker's activity was consistent with the low density development encouraged for the area; • Mr. Baker's operation of his B &B, fishing activities, and home occupation at this parcel was in keeping with the goals of the comprehensive plan that required retail /commercial activity be conducted as a home occupation; and • The activities of A River Inn and Kodiak Fish Adventures were permitted uses in the RR1- Rural Residential One zone and did not require a rezone to a commercial zoning district. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. Mayor Selby announced that KIBC 17.225.100 Judicial review stated "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 7:45 p.m. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly members Branson, Friend, and Stutes congratulated Finance Director Short and staff for receiving the GFOA budget presentation award. Assembly member Friend spoke on tourism increases in Kodiak. Assembly members Branson, Fulp, Jeffrey, and Kaplan commented on the transient housing issue. Assembly member Jeffrey urged prioritizing KIBC 17.70, which included bed and breakfast facilities, during the code revision process in order to meet the needs of the Pasagshak Area community and to uphold its comprehensive plan. Kodiak Island Borough Assembly Minutes July 1, 2010 Page 789 Announcements Mayor Selby announced that the Borough offices would be closed on Monday, July 5, 2010, in observance of the Fourth of July holiday. The next Assembly work session would be held on Thursday, July 8, 2010, at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, July 15, 2010, at 7:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION A. Borough Clerk's Performance Evaluation BRANSON moved to convene into executive session to discuss the Borough Clerk's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice her reputation or character. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. Mayor Selby recessed the regular meeting and convened the executive session at 7:59 p.m. Upon returning from the executive session, Mayor Selby reconvened the regular meeting at 8:14 p.m. BRANSON moved to increase the Clerk's salary to range 23.5, Step M and approve a merit award of $2,500. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. B. Borough Manager's Performance Evaluation. FRIEND moved to convene into executive session to discuss the Borough Manager's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. Mayor Selby recessed the regular meeting and convened the executive session at 8:25 p.m Upon returning from the executive session, Mayor Selby reconvened the regular meeting at 9:12 p.m. BRANSON moved to increase the Manager's salary by $5,000 and approve a $5,000 bonus. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. Kodiak Island Borough Assembly Minutes July 1, 2010 Page 790 ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. The meeting adjourned at 9:15 p.m. Nova M. Javier, MMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes July 1, 2010 Page 791 TITLE: Ordinance No. FY2011 -02 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 AUGUST 5, 2010 REGULAR MEETING Form Ver. 06/30/2009 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2011 -02. ITEM NO: 9.A 1 2 3 4 5 6 7 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2011 -02 Introduced by: Borough Assembly Requested by: Borough Assembly Drafted by: Finance Director Introduced: 07/15/2010 Public Hearing: 08/05/2010 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. 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 < -) YES O 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: KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 5, 2010 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Ordinance No. FY2011 -03. ITEM NO: 9.B Introduced by: Borough Assembly Requested by: Borough Assembly 1 SUBSTITUTED VERSION Drafted by: Borough Clerk 2 Introduced: 07/15/2010 Public Hearing: 08/05/2010 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. Kodiak Island Borough Ordinance No. FY2011 -03 Page 1 of 7 48 1.01.040 Ordinances passed prior to adoption of the code. 49 1.01.050 Reference applies to all amendments. 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 29.48.18029.25.050, 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 20.48.18029.25.050. 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 74 13 0, but prior to tho adoption of this codo, aro adoptod and mado a part of 81 this codo: Ordinanco 74 42 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. Kodiak Island Borough Ordinance No. FY2011 -03 Page 2 of 7 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. 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. Kodiak Island Borough Ordinance No. FY2011 -03 Page 3 of 7 134 1.01.120 Provisions self- executing. 135 The provisions of this code shall be construed to be self- executing whenever possible. 136 Chapter 1.05 137 SUPPLEMENTAL CODIFICATION 138 Sections: 139 1.05.010 Codification procedure generally. 140 1.05.010 Codification procedure generally. 141 A. Subject to the general policies which may be promulgated by the assembly for the 142 preparation and publication of the cumulative supplements to the code of ordinances of the 143 Kodiak Island Borough, the clerk shall revise for consolidation into the code of ordinances of 144 the Kodiak Island Borough all ordinances of a general and permanent nature enacted by the 145 assembly. 146 B. The clerk shall edit and revise the ordinances for consolidation without changing the 147 meaning of any ordinance in the following manner: 148 1. Number or renumber sections, parts of sections, articles, chapters, and titles; 149 2. Change the wording of section or subsection titles, or delete subsection titles, and 150 change or provide new titles for articles, chapters, and titles; 151 3. Change capitalization for purpose of uniformity; 152 4. Substitute the proper calendar date for "effective date of this ordinance," "date of 153 passage of this ordinance," and other phrases of similar import; 154 5. Substitute the proper designation for the terms "the preceding section," "this 155 ordinance," and like terms; 156 6. Strike out figures if they are merely a repetition of written words or vice versa for 157 the purpose of uniformity; 158 7. Correct manifest errors which are clerical, typographical, errors in spelling, or 159 errors by way of additions or omissions; 160 8. Correct manifest errors in reference to ordinances; 161 9. Rearrange sections, combine sections or parts of sections with other sections or 162 parts of sections, divide a long section into two or more sections, and rearrange the order of 163 sections to conform to a logical arrangement of subject matter as may most generally be 164 followed in the code of ordinances; 165 10. Change all sections, when possible, to read in the present tense, indicative 166 mood, active voice, third person, and singular number, or any other necessary grammatical 167 change in the manner generally followed in the code of ordinances; 168 11. Delete or change sections or parts of sections if a deletion or change is 169 necessary because of other ordinance amendments which did not specifically amend or 170 repeal them; and 171 12. Omit all temporary ordinances, all titles to ordinances, all enacting and repealing 172 clauses, all declarations of emergency and all purpose, validity, and construction clauses 173 unless, from their nature, it may be necessary to retain some of them to preserve the full 174 meaning and intent of the ordinance. 175 C. The clerk shall edit and revise the laws as they are enacted by the assembly, without 176 changing the meaning of any law, so as to avoid the use of pronouns denoting masculine or 177 feminine gender. 178 D. The clerk shall make recommendations to the assembly concerning deficiencies, 179 conflicts, or obsolete provisions in the code and at the direction of the assembly, the clerk 180 shall draft ordinances for consideration by the assembly to correct and remove deficiencies, 181 conflicts, or obsolete provisions in ordinances of the borough. Kodiak Island Borough Ordinance No. FY2011 -03 Page 4 of 7 182 Chapter 1.10 183 GENERAL PROVISIONS 184 Sections: 185 1.10.010 Grammatical interpretation. 186 1.10.020 Tense, number, and gender. 187 1.10.030 Definitions. 188 1.10.040 Effective dates of ordinances, resolutions, and other actions of the 189 assembly — Time. 190 1.10.010 Grammatical interpretation. 191 Words and phrases shall be construed according to the rules of grammar and according 192 to the common and approved usage. Technical words and phrases, and those which have 193 acquired a peculiar and appropriate meaning whether by legislative definition or otherwise, 194 shall be construed according to the peculiar and appropriate meaning. 195 1.10.020 Tense, number, and gender. 196 A. Words in the present tense include the past and future tenses, and words in the future 197 tense include the present tense. 198 B. Words in the singular number include the plural and words in the plural number 199 include the singular. 200 C. As much as possible pronouns denoting masculine or feminine gender should be 201 avoided. If there are words of the masculine gender, they include the feminine and neuter 202 and when the sense so indicates, words of the neuter may refer to any gender. 203 1.10.030 Definitions. 204 As used in the ordinances and resolutions of the Kodiak Island Borough, unless the 205 context otherwise requires: 206 "Administrative official" means the individual designated by assembly resolution to act as 207 manager during the manager's absence or disability; 208 "Assembly" means the elected governing body of the Kodiak Island Borough; 209 "Attorney" means the legal advisor of the governing body and other officials of the 210 borough; 211 "Borough" means the Kodiak Island Borough; 212 "Clerk" means the borough clerk duly appointed by the assembly; 213 "Code" means the code of ordinances of the borough; 214 "Deputy presiding officer" means the deputy presiding officer of the assembly appointed 215 by the assembly; 216 "Law" includes ordinances of the borough; 217 "Manager" means the chief administrator of the borough; 218 "Mayor" means the elected mayor of the borough and presiding officer to the assembly; 219 "Oath" means an oath or an affirmation in all cases where by law an affirmation may be 220 submitted for an oath and in such case the words "swear" and "sworn" shall be equivalent to 221 the words "affirm" and "affirmed "; 222 "Owner," as applied to building or land, means an owner, part owner, tenant in common, 223 or tenant by the entirety of the whole or part of the land or building; 224 "Person" means a corporation, partnership, firm, association, organization, business, 225 trust, or society as well as a natural person; 226 `Registered mail" means registered or certified mail; 227 "School board" means those persons elected to the Kodiak Island Borough School 228 Board of Education; and 229 "Seal" means the corporate seal of the borough. Kodiak Island Borough Ordinance No. FY2011 -03 Page 5 of 7 230 1.10.040 Effective dates of ordinances, resolutions, and other actions of the assembly 231 — Time. 232 An ordinance, resolution, or other action takes effect at midnight on the day of adoption 233 unless the ordinance, resolution, or other action provides that it shall take effect at a 234 specified time, in which case the ordinance, resolution, or other action takes effect at the 235 time specified. If the ordinance, resolution, or other action specifies that it shall become 236 effective on a given day, but does not specify a time, the ordinance, resolution, or other 237 action shall become effective at midnight on the day specified. 238 239 Chapter 1.15 240 BOROUGH SEAL 241 Sections: 242 1.15.010 Adopted — Description. 243 The following is adopted as the official corporate seal of the Kodiak Island Borough: A 244 two -inch circle circumscribed around a one and one - quarter -inch circle with the words 245 "Kodiak Island Borough" on the upper half of the seal between the larger and smaller 246 inscribed circles, and the word "Alaska" and the date "1963" placed between the larger and 247 smaller circles on the bottom half of the seal between the larger and smaller inscribed 248 circles, with a star centered between them, and the borough logo inscribed within the 249 smaller circle. 250 251 Chapter 1.20 252 GENERAL PENALTY 253 Sections: 254 1.20.010 Designated. 255 1.20.020 Scope of prohibitions. 256 * For statutory provisions authorizing the assembly to prescribe punishment not to exceed 257 a fine of $1,000 or imprisonment for 90 days, or both, for violation of codified ordinances, 258 see AS 29.25.070. 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 1.20.010 Designated. - - - - - - - - • - - -' - -- --- • .- • - - . - - - ...•... • ... - . - -- - - - ---- -" -- - .. • • addition to tho curchargo roquirod to bo impocod undor AS 12.55.039. If anothor ponalty is A. A violation of a provision of this code is an offense punishable by a penalty not to exceed a fine of $1,000, in addition to the surcharge required under AS 12.55.039. if another penalty is established by ordinance for the provision violated, that penalty shall apply. B. The borough or an aggrieved person may institute a civil action against a person, including a minor as provided in this subsection, who violates any provision of this code. in addition to injunctive and compensatory relief, a civil penalty not to exceed $1,000 may be imposed for each violation. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. On application for injunctive relief and a finding of a violation or a threatened violation, the superior court shall grant the injunction. Each day that a violation of an ordinance continues constitutes a separate violation. C. The borough shall provide written notice to the commissioner of health and social services or to the commissioner's designee of the commencement of a civil enforcement action for the violation of an ordinance under (b) of this section against a minor. Unless the commissioner and the borough have negotiated an agreement making other arrangements for the borough to provide the notice required by this subsection, the borough shall provide the notice by mailing a copy of the citation or other document setting out the notice of the commencement of the civil enforcement action. Kodiak Island Borough Ordinance No. FY2011 -03 Page 6 of 7 284 D. In this section, "minor" means a person under 18 years of age. 285 E. Unless an ordinance authorizes use of a hearing officer, the enforcement of a civil 286 penalty against a minor for violation of any provision of this code shall be heard in the district 287 court in the same manner as for similar allegations brought against an adult, except that the 288 minor's parent, guardian, or legal custodian shall be present at all proceedings unless the 289 court excuses the parent, guardian or legal custodian from attendance for good cause. 290 F. An action for a civil penalty filed against a minor under this section does not give rise 291 to the right to a trial by jury or to counsel appointed at public expense. 292 1.20.020 Scope of prohibitions. 293 When an ordinance of the borough prohibits an act or an omission, it shall be construed 294 to prohibit causing, aiding, abetting, or concealing the fact of the act or omission. 295 296 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 297 THIS DAY OF 2010 298 299 KODIAK ISLAND BOROUGH 300 301 302 303 ATTEST: Jerome M. Selby, Borough Mayor 304 305 306 307 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2011 -03 Page 7 of 7 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 $75; KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 5, 2010 REGULAR MEETING ITEM NO: 13. A.1 TITLE: Contract No. FY2011 -06 Kodiak Middle School Emergency Generator Installation Project. SUMMARY: This contract is for the Kodiak Middle School Emergency Generator Installation 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. This work is being preformed for the Kodiak Island Borough School District (KIBSD) and all costs associated with the project will be reimbursed by KIBSD. The project budget of $41,824 will be added to the next budget amendment. Bids were received in response to the Borough's Invitation to Bid dated June 9, 2010. Brechan Enterprises, 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.: 450 -550 452 -150 10001 -6 Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: �?J RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2011 -06 with Brechan Enterprises, Inc. for the Kodiak Middle School Emergency Generator Installation Project in an Amount Not to Exceed $65,948. Kodiak Island Borough Bid Tabulation Bid Opening: KMS Generator Installation 7/1/10 2:30 PM No. GENERAL CONTRACTOR BASE BID Total (Base + Alt's) 1 Brechan Enterprises, Inc. $ 65,948 $ 65,948 2 1 1 1 Init. *AIA Document AIOITM - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum 1 AGREEMENT made as of the Twenty -ninth day of Jul in the year Two Thousand Ten (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) Kodiak Island Borough, 710 Mill Bay Road Kodiak. Alaska, 99615 and the Contractor: (Name, legal status, address and other infonnation) Brechan Enterprises Inc 2705 Mill Bay Road Kodiak AK 99615 for the following Project: (Name, location and detailed description) Kodiak Middle School Stand 13y Generator Kodiak, AK The Architect: (Name, legal status, address and other information) Jensen Yorha Lott Inc., 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 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 e5 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1979, 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 09:01:47 on 07/16/2010 under Order No.6656208149_1 which eryires on 04/1412011, and is not for resale. ( User Notes: (727205706) 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 nR SIJSPENS!ON 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 Doeuments,.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 he the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the -date of commencement, or as follows:August 15. (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document A101TM— 2007. Copyright ID 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 09'.01'.47 on 07/16/2010 under Order No.6656208149_1 which expires on 04/14/2011, and Is not for resale. User Notes: (727205706) init. None Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) Liquidated damages $200 per day. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Sixty Five Thousand, Nine Hundred Forty Eight Dollars and Zero Cents ($ 65,948.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Price Units and Limitations Price Per Unit ($0.0D) 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. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than ( ) days after the Architect receives the Application for Payment. (Federal, state or local Imes 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. 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 09:01:47 on 07/16/2010 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (727205706) by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of 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 AIA 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), less retainage of percent ( %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if arty, 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 AM Document A201 -2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of MA Document A201 2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: «f it 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 tI 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1967, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copy fight 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 09:01:47 on 07/16/2010 under Order No.6656206149_1 which expires on 04/14/2011, and is not for resale. User Notes: (727205706) 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 manually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 -2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Con tractor 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, Cla will be resolved by litigation in a court of competent jurisdiction.) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201 -2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof; at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 [ 1 Litigation in a court of competent jurisdiction [ 1 Other (Specify) § 8.3 The Owner's representative: (Name, address and other information) Rick Gifford § 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. 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 09:01:47 on 07/16/2010 under Order No.6656208149_1'which en2ires on 04/14/2011, and is not for resale. User Notes: (727205706) Init. Peter Malley Brechan Enterprises Inc. 705 Mill Bay Road Kodiak Alaska 99615 § 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 AI01 -2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are A§A Document A201 -2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: See Project manual Document Title Date Pages § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) I See Section 00011 of Project Manual for Table of Contents Section Title Date Pages § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) I See Section 00015 of Project manual for List of Drawings Number § 9.1.6 The Addenda, if any: Number Title Date Date 6/30/2010 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: Pages 1 .1 ALA Document E201T"' -2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: AIA Document A101 TM - 2007. Copyright 01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1967, 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 09:01:47 on 07/16/2010 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (727205706) Init. .2 Other documents, if any, listed below: (List here any additional documents that are intended to fonn part of the Contract Documents. ALA Document 4201 -2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201 -2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document /2201- 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 MB Manager (Printed name and title) Peter Malley (Printed name and title) AIA Document A101 — 2007. Copyright CO 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 09:01:47 on 07/16/2010 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (727205706) TITLE: Approval of Revised Planning and Zoning Commission By -Laws. SUMMARY: During the Commission's June 16, 2010 regular meeting, the Commission reviewed and approved changes to its by -laws and recommended forwarding them to the Assembly for approval. The amendments in red font are the changes recommended by the Commission. FISCAL NOTES: Amount Budgeted: N/A Expenditure Required: N/A APPROVAL FOR AGENDA: a KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 5, 2010 REGULAR MEETING ITEM NO: 13.D.1 RECOMMENDED MOTION: Move to approve the revised Planning and Zoning Commission By -Laws ARTICLE III — Powers and Duties KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION BY-LAWS ARTICLE I— Authority Pursuant to Section 2.100.150 of the Borough Code, these by -laws of the Kodiak Island Borough Planning and Zoning Commission establish the Commission's procedural rules and order of business, except as otherwise provided by law, subject to approval by the Kodiak Island Borough Assembly. ARTICLE II— Definitions As used in these by -laws: "AS" means Alaska Statutes "Assembly" means the Assembly of the Kodiak Island Borough "Chairperson" means the presiding officer of the Planning and Zoning Commission "Commission" means the Planning and Zoning Commission of the Kodiak Island Borough "Commissioner" means a member of the Planning and Zoning Commission of the Kodiak Island Borough "KIBC" means the Kodiak Island Borough Code "Staff" means member of the Corrununity Development Department The powers and duties of the Commission are spelled out in: A. AS Title 29, Chapter 40 Planning, Platting, and Land Use Regulation (Attachment A); B. KIBC Section 2.105.030 (Attachment B); C. KIBC Section 2.100.020 D. Additional duties are also described in KIBC Title 16 Subdivision, KIBC Title 17 Zoning, and KIBC Title 18 Borough Real Property. ARTICLE IV— Membership The membership requirements of the Commission are identified in: A. KIBC Sections 2.105.010 and 2.105.020 (Attachment B); and B. KIBC Section 2.100.030 through 2.100.100 (Attachment C). ARTICLE V— Officers and Duties A. Election At its regular meeting in January of each year, the Commission shall elect a Chairperson and Vice - Chairperson from among its members. The Vice - Chairperson shall act in the absence of the chairperson or in the inability of the chairperson to act. (KIBC 2.100.110). B. Duties 1. The Chairperson shall preside at all meetings and hearings, call special meetings, perform the duties normally conferred by parliamentary usage on such office and such duties as may be prescribed by the Commission. 2. The Chairperson may enter into the discussion of a matter before the Commission. 3. In the absence of the Chairperson and Vice - Chairperson, the senior member shall preside at the meeting. ARTICLE VI— Quorum and Voting Requirements A majority (four) of the authorized members of the Commission constitutes a quorum for transaction of business. The affirmative votes of the majority (four) of the authorized members of the Commission are required to carry a question. In the absence of a quorum for the transaction of business, any number less than a quorum may recess a meeting to a later time and date. ARTICLE V1I-- Meetings' Meetings of the Commission shall be open to the public and notice posted by the Borough Community Development Office (KIBC 2.100.030). A. Regular Meetings 1. The Commission shall hold regularly scheduled meetings on the third Wednesday of each month (KIBC 2.200.030). 2. At 5:00 p.m. on the first working day of each month, the agenda for the following month's regular meeting shall close for public hearing and new business items. B. Special Meetings Special meetings may be called by the Chairperson or the Commission, or the municipal employee who is designated as an ex officio member of the Commission pursuant to Section 2.100.170 of the Borough Code, or a majority of the Commission (KIBC 2.100.130). C. Work Session The second Wednesday of each month will be designated as the packet review work session, with the express purpose of reviewing the information for the upcoming regular meeting. The Commission may schedule other work sessions at its discretion. Audio files shall be kept on file in the Community Development Department subject to the records retention schedule. ARTICLE VIII — Conflict of Interest The rules of conduct regarding conflict of interest are delineated in: A. KIBC Section 2.100.140 (Attachment C); and B. KIBC Section 2.35.010 (Attachment D). ARTICLE IX— Procedure A. Parliamentary Authority 1. The Community Development Department Secretary shall act as Parliamentarian to the Planning & Zoning Commission. B. In all matters of procedure not covered by rules adopted by the Commission, Robert's Rules of Order; Newly Revised (10 Edition) by Henry M. Robert, shall be applicable and shall govern. (KIBC 2.100.150) 1. The order of business at regular meetings shall be as follows: a) Call to Order; b) Pledge of Allegiance; c) Roll Call; d) Approval of Agenda; e) Approval of minutes; f) Appearance requests and audience comments; g) Public Hearings; h) Old Business; i) New Business; j) Communications; k) Reports and staff comments; 1) Audience Comments; m) Commissioners' Comments; and n) Adjournment 2. The Commission may vote to dispense with any item on the agenda or to change the order of business. 1 Interpretation of "regular meeting" to mean all scheduled meetings of the Commission, both public hearing meetings and work sessions" approved by the Commission on August R. 1982. Ratified by the Assembly on September 2, 1982. C. Findings in cases where the Commission is required to base its decision on specific findings, the Commission may defer the approval of these findings until the next regular meeting of the Commission. D. New Information The Commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date. New Information introduced after the fifteen (15) day deadline may be considered by the Commission for action at a future meeting or referred to the staff for study. E. Time Limit Meetings shall not continue beyond 11:00 p.m. unless there is a vote by the majority of the Commission to continue the meeting. If business has not been completed by the 11:00 p.m. deadline, and no extension is provided, the meeting will be recessed and reconvened at a time and a place to be established by a majority of the Commission present. ARTICLE X--Public Hearings A. Notice At least fourteen (14) days before the date of a hearing, the Commission shall publish in a newspaper of general circulation in the jurisdictional area a notice of the subject, time and place of the hearing. B. Procedures 1. Conduct of public hearings The Chairperson shall: a) Preside at all public hearings; b) State a summary of the question or issue at the opening of the hearing, limiting its contents to the subject advertised for hearing; c) Specify the method of conduct of the hearing: d) Assure an orderly hearing, having the power to terminate the hearing if, in his or her opinion, persons become unruly; e) Announce that all questions and comments shall be directed through the Chairperson only after the speaker has been properly recognized; 0 Direct each speaker recognized to give their name and, if appropriate, the name of person or organization which the speaker represents; g) The Chairperson may set a reasonable time limit for the receipt of testimony at public hearings; h) Direct that all copies of prepared statements be given to the secretary to become a part of the record; i) Call for statements from proponents and opponents giving an equal opportunity for comment; j) Close the hearing to the receipt of public testimony when all who wish to speak have spoken or if the time limit set by the Chairperson has expired; and, k) Declare the hearing to be closed or state the time, place and date upon which the hearing will be continued, after Commission members, being properly recognized at the conclusion of public testimony, have completed questioning of any person presenting testimony. ARTICLE XI— Reports and Minutes The Community Development Department will have the staff reports for public hearing petitions available for review by the applicant and Commission members 12 days prior to the public hearing. The Commission shall keep minutes of the proceedings and such minutes shall record the vote of each member upon every question formally presented for consideration. The minutes shall be filed in the office of the Borough Clerk and shall be a public record, open to inspection by any person (KIBC 2.100.160). ARTICLE XH —Ex Officio Members and Staff The duties of ex officio members and staff are delineated in KIBC Section 2.100.170 (Attachment C). ARTICLE XIII— Amendments A. Procedure I . By -law amendments may be proposed in writing by any Commissioner or staff at a regular meeting. 2. Approval of the proposed amendment requires an affirmative vote of the Commission at a meeting subsequent to the introduction of the amendment. B. Approval 1. No amendment shall be effective until approved by the Assembly. Amendment creating Article VI, Section A through F approved by the Commission on August 8, 1982. Ratified by the Assembly on September 2, 1982. Amendments to Article VI— Meetings. and Article VII — Conduct of Meetings, approved by the Commission on September 19, 1984. Ratified by the Assembly on October 4, 1984. Amendments to Article II— Definitions and Article III — Powers and Duties, approved by the Commission on December 18, 1985. Amendments to the entire By -Laws, approved by the Commission on December 21, 1988. Ratified by the Assembly on January 19, 1989. Amendments to Articles I, III, IV, VII, and IX, approved, approved by the Commission on May 21, 2003. Ratified by the Assembly on August 21, 2003. Amendments to Articles VII, X, and XI, approved by the Commission on January 18, 2006. Ratified by the Assembly on March 16, 2006. Amendments to Articles I, II, III, IV, V, VI, VII, VIII, IX, XI, XII, approved by the Commission on March 18, 2009. Ratified by the Assembly on April 2, 2009. Amendments to Articles VII, IX, and X, approved by the Planning & Zoning Commission on June 16, 2010. ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — July 2, 2010 SUMMARY APPROVED: Motion to approve 2010/2011 certificated contracts to Bonnie Franklin - BA +18/5 in the amount of $57,784 plus $1,275 special education stipend for 1.0 FTE special education teacher at Main Elementary School; Laura Blackwood - MA +0/4 in the amount of $58,633 for 1.0 FTE choral music teacher (5 -12) districtwidc; Anthony Dao - MA +0/5 in the amount of $60,758 plus $1,275 village stipend for 1.0 FTE math teacher at Ouzinkic School; and Roscna Snow - BA +0/3 in the amount of $50,986 plus $1,275 village stipend for 1.0 FTE elementary teacher at Larsen Bay School. APPROVED: Motion to approve a request to bid third party administrative services for the Lcaming Cafe working under the Alaska Youth First Grant Program. APPROVED: Motion to approve purchase requisition number 00024392 to CDW Government, Inc. in the amount of $42,503.21 for computer memory upgrade. APPROVED: Motion to approve purchase requisition number 00024398 to Apple Computer, Inc. in the amount of $44,330.77 for network infrastructure assessment and remediation. APPROVED: Motion to adjourn. ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — July 12, 2010 SUMMARY APPROVED: Motion to approve 2010/2011 certificated contracts to Christi Myers - BA +0 /0 in the amount of $42,488 plus $1,275 special education stipend for 1.0 FTE developmental preschool teacher at Peterson Elementary School; and Alicia Glick - BA +36/0 in the amount of $47,587 plus S1,275 special education stipend for 1.0 F FE district wide school psychologist. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at wvi'w.kodiakschools.org. gene, 'l / 1` KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: Please PRINT your name Please PRINT your name SQ 4 W 42-51 ght ,a di j- Kodiak Island Borough Assembly Regular Meeting Guidelines August 5, 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 Assembly members Friend, Jeffrey, and Kaplan who are 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 Minutes of July 1, 2010. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting Minutes of July 1, 2010. 6. AWARDS AND PRESENTATIONS A. Health Care Week Proclamation — Mayor Selby B. Longevity Awards — 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 PUBLIC HEARING A. 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. Staff Report — Manager Gifford Kodiak Island Borough Assembly Guidelines August 5, 2010 Page 1 Open public hearing. Read phone numbers: Local is 486 -3231 and toll free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. B. Ordinance No. FY2011 -03 Amending Kodiak Island Borough Code of Ordinance Title 1 General Provisions. Recommended motion: Move to adopt Ordinance No. FY2011 -03. Clerk's note: attached on yellow paper is the substituted version of Ordinance No. FY2011 -03. Staff Report — Manager Gifford. Please note the changes in the substituted version. Recommended motion: Move to amend Ordinance No. FY2011 -03 by substitution. ROLL CALL VOTE ON MOTION TO AMEND. Open public hearing. Read phone numbers: Local is 486 -3231 and toll free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MAIN MOTION AS AMENDED. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2011 -06 Kodiak Middle School Emergency Generator Installation Project. Recommended motion: Move to authorize the manager to execute Contract No. FY2011 -06 with Brechan Enterprises, Inc. for the Kodiak Middle School Emergency Generator Installation Project in an amount not to exceed $65,948. Staff report — Manager Gifford Kodiak Island Borough Assembly Guidelines August 5, 2010 Page 2 Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. B. Resolutions — None. C Ordinances for Introduction None / 1 (1 �i Recommended motion: Move to approve the revised Planning a Zoning Commission by -laws. D. Other Items 1. Approval of Revised Planning and Zoning Commission By -La Staff report — Mana ifford Assembly .: ussion and amendments may be offered at this time. RO CALL VOTE ON MOTION. 14. CITI NS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The next Assembly work session will be held on Thursday, August 12, 2010, at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, August 19, 2010, at 7:30 p.m. in the Borough Assembly Chambers. If consensus is given to cancel the August 19, 2010 regular meeting, please announce: The regular meeting scheduled on Thursday, August 19, 2010, has been canceled. The Kodiak Island Borough and the City of Kodiak are hosting the Alaska Municipal League (AML) Summer Meeting on August 18 -20, 2010. The Borough Mayor and members of the Assembly will be in attendance at the AML events. The next regular meeting is scheduled on Thursday, September 2, 2010, at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines August 5, 2010 Page 3 Regular /special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET OR/0 an lb Date: Adjourned: BY: 4..) SECOND: 0 ortu oe Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: YES V V NO BY: Q l n w SECOND: lJAA) er") Ms. Branson r � Mriend- Ms. Fulp ' / . Mr Kaplan Ms. Jeffre Ms. Lynch Ms. Stutes TOTAL: YES NO BY: brOCR SECOND: /)) �� ' __ Ms. Branson Mr— Friend Ms. Fulp_ Kaplan Ms. Lynch Ms. Stutes TOTAL: YES NO BY: b W (I SECOND: , , W:e Ms. Bransoi fi - -Mr: Friend Ms. Fulp Mr7Kaptan Ms. Lynch Ms. Stutes CHANGE O F OT E? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE DF VOTE? CHANGE OF VOTE? TOTAL: YES v The mayor may not v to except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby t Mayor Selby Mayor Selby Mayor Selby Mayor Selby NO BY: SECOND: Ms. Branson Mr. Flipnd Ms. Fulp scJeffrey Mr. Kaplan— Ms. Lynch Ms. Stutes TOTAL: YES V V c NO 1 Regular Special Convened: BY: SECOND: S te Ms. Branson AAr Fiend Ms. Fulp Ms. Lynch Ms. Stutes Mayor Selby YES NO KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET I faoID Date: ► y� Adjourned: • } BY: 1✓((v 0 SECOND: C Ms. Branson Mr:- Friend Ms. Fulp ey YE§ NO BY: PSOIryk- SECOND: Ms. Branson W}r. Friend— Ms. Fulp s. e rey ap an Ms. Lynch Ms. Stutes Mayor Selby Ms. Lynch Ms. Stuteslt Mayor Selby YES NO SECOND: �✓ BY: Ms. Branstht Mr. Fricnd Ms. Fulp Ms. Lynch Ms. Stutes TOTAL: TOTAL: / S TOTAL: TOTAL: Mayor Selby YES NO BY: SECOND: Ms. Branson Mr. -Fri Ms. Fulp Ms. Lynch Ms. Stutes CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF V!TE? CHANGE OF VOTE? TOTAL: The mayor may not ote except in the case where only six members of the assembly are present and there is a hree /three tie vote of the assembly Mayor Selby YES NO