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2018-11-01 Regular Meeting
KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 1, 2018 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Update On The EPA Brownfield Assessment Grant: Area-Wide Planning ORIGINATOR: Daniel McKenna-Foster RECOMMENDATION: DISCUSSION: The Community Development Department has been working in a coalition with Natives Of Kodiak and the City of Kodiak on an EPA Brownfield Assessment Grant. Staff will be providing an update on progress with the grant. In upcoming phases of the project, the coalition will be focusing on area-wide planning for three areas in the Borough. ALTERNATIVES: Not applicable. FISCAL IMPACT: No impact. OTHER INFORMATION: AGENDA ITEM #7.A. Update On The EPA Brownfield Assessment Grant: Area-Wide Planning Page 5 of 167 10/24/2018 1 Kodiak Island Borough Brownfield Assessment Grant Area Wide Planning Possibilities Agenda 1. What is the EPA Brownfield Program? 2. What is the Area Wide Planning program? 3. Study area alternatives • Safeway Area • Mill Bay Road corridor • Gibson Cove 4. Next steps Kodiak Island Borough Community Development Department What is a brownfield? EPA definition: “Brownfields are real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.” Kodiak Island Borough Community Development Department Types of Brownfields Petroleum • Former manufacturing & industrial sites (e.g. shuttered mills & factories) • Former gas stations & auto repair shops • Old railyards and truck depots Hazardous Substances • Former manufacturing/industrial sites (e.g. canaries, factories, etc.) • Underutilized warehouses & commercial buildings • Former dry cleaners • Landfills, salvage yards & illegal dumps • Mine-scarred lands • Buildings with asbestos or lead paint AG E N D A I T E M # 7 . A . 8S G D W H 2 Q 7 K H ( 3 $ % U R Z Q I L H O G $ V V H V V P H Q W * U D Q W $ U H D : L G H 3 O D Q Q L Q J 3D J H R I 10/24/2018 2 Kodiak Island Borough Community Development Department Brownfield vs. Greenfield Brownfield: • Previously developed site • Redevelopment may be complicated by past use Greenfield: • Never developed (open space or agricultural land) • Fewer development constraints Kodiak Island Borough Community Development Department Brownfield Redevelopment Example Anchorage Mountain View Service Center • Former furniture warehouse • Abandoned building provided no value to community • Redeveloped into class A office space • Occupied by 7 non-profits that provide unique resources to the community • Created dozens of new jobs for locals! What is the Area Wide Plan? What is Area Wide Planning? EPA Brownfield program background • $600,000 EPA Brownfield Assessment Grant awarded in 2017 • Funding for sites with known or potential impacts from petroleum or hazardous substances • Desired outcome is to prepare underused sites for redevelopment to encourage site reuse and revitalization projects • Focus on sites with greatest redevelopment potential to transform blighted properties into community assets AG E N D A I T E M # 7 . A . 8S G D W H 2 Q 7 K H ( 3 $ % U R Z Q I L H O G $ V V H V V P H Q W * U D Q W $ U H D : L G H 3 O D Q Q L Q J 3D J H R I 10/24/2018 3 What is Area Wide Planning? Core of the Area Wide Planning program • Collecting information and identifying community priorities for brownfields cleanup and revitalization, particularly where multiple brownfield sites close to each or impact their surroundings • Evaluating market potential, environmental conditions, and needed infrastructure improvements • Developing strategies for brownfields site cleanup and reuse • Identifying resources to help implement the plans Safeway Area Safeway Area About • The Safeway Area acts like Kodiak’ downtown. It is the primary commercial center for most groceries and general goods. • This area is characterized by large lots, automobile-centric development, and a mix of semi- industrial and commercial uses. • As it is outside of the tsunami inundation zone and surrounded by several schools and residential areas, this would be an excellent area to focus on long-term planning for increased residential and mixed- use activity. GravelSmokey’s dump site Underused sites Existing conditions • Several brownfields and underused sites are in the Safeway and Walmart area • These sites could be considered together to create a cohesive redevelopment district AG E N D A I T E M # 7 . A . 8S G D W H 2 Q 7 K H ( 3 $ % U R Z Q I L H O G $ V V H V V P H Q W * U D Q W $ U H D : L G H 3 O D Q Q L Q J 3D J H R I 10/24/2018 4 Capped landfill and mixed-use neighborhood Retail and restaurants Improved internal street network What might a future downtown look like here? • The analysis would consider the market, physical, and regulatory opportunities and constraints for redevelopment • This example plan demonstrates one way in which the district could be connected with new internal roads to support residential, open space, business, and retail uses Office Retail and residential street Demographic summary of Kodiak’s urban area Household incomes are on par with the state. The overall population is not necessarily growing. Safeway Area Mixed-use master plan opportunity and challenges • Large lots offer opportunities for new uses and civic open spaces • The long-term vision would include establishing pedestrian-scaled development blocks to orient future development along a new street network • Would need to confirm that new housing and retail could be absorbed by the market AWP Deliverables • Market analysis of residential and commercial demand • Redevelopment master plan and framework • Implementation plan, which may require code amendments Mill Bay Road corridor AG E N D A I T E M # 7 . A . 8S G D W H 2 Q 7 K H ( 3 $ % U R Z Q I L H O G $ V V H V V P H Q W * U D Q W $ U H D : L G H 3 O D Q Q L Q J 3D J H R I 10/24/2018 5 Mill Bay Road About • Mill Bay Road between Birch and Bancroft streets is Kodiak’s primary commercial corridor • The area is 1.15 miles long (20-minute walk) • It has automobile-centric development with significant numbers of brownfields and underused properties • The corridor lacks cohesion, public space, and is not pedestrian or bicycle friendly • Most new businesses in last 20 years have opened up here Garage Recently cleared, now being used Underused Underused, potential future fire station Inactive auto business Underused with vehicle storage Brownfields along the corridor • 5 of the Borough’s top 50 ranked brownfields are on the corridor • 3 other lower-ranked brownfields (orange) • Several other underused parcels (yellow) New apartment development Transportation to work facts in Kodiak’s downtown Most commutes are less than 10 minutes and the number of people walking to work is higher than the national average.Update ideas:catalytic development in underused lots, adding bike lanes, adding a raised median to the turning lane, and reducing the width of the travel lanes from 13.5’ to 11’ for safety. Existing:Mill Bay Road is typically 60’ wide between the utility poles and an easement for another 10’ on each side. The road has 2 travel lanes and a turning lane. Mill Bay Road Considerations for walking, bicycling, socializing (and driving) • Numerous and wide curb cuts would make walking uncomfortable • Center medians in stretches without turns can improve pedestrian safety • Adjusting the widths of the lanes can calm traffic and open up space for other uses AWP Deliverables • Conceptual streetscape plan • Analysis of “catalytic” redevelopment sites • Implementation plan AG E N D A I T E M # 7 . A . 8S G D W H 2 Q 7 K H ( 3 $ % U R Z Q I L H O G $ V V H V V P H Q W * U D Q W $ U H D : L G H 3 O D Q Q L Q J 3D J H R I 10/24/2018 6 Before After Gibson Cove Gibson Cove About • The Gibson Cove area consists of several parcels with different public and private owners including the City of Kodiak, Bureau of Land Management, and Department of the Interior, and Kodiak Fishmeal Company. • This area could benefit from area-wide planning in order to enhance recreational, maritime industrial, or transitory housing opportunities. • The Gibson Cove site has been submitted for phase 1 analysis. AG E N D A I T E M # 7 . A . 8S G D W H 2 Q 7 K H ( 3 $ % U R Z Q I L H O G $ V V H V V P H Q W * U D Q W $ U H D : L G H 3 O D Q Q L Q J 3D J H R I 10/24/2018 7 Potential reuse opportunities • Land is publicly owned & undergoing remediation • Community support for a public small- scale fish processing and cold storage to support direct sale to consumers as the industry shifts away from commodity to specialty products • Public fish processing could be combined with tourism and recreation on a path out to the peninsula • Other uses may include an RV park Reuse challenges • The area is in the tsunami zone • Smell nuisance from the Fishmeal factory that could impact residential and recreation uses • Capital funding for a public fish processing facility could be a difficulty Public fish processing Tour bus turnaround Scenic overlook and trail RV park Beach Restaurant Gibson Cove AWP Deliverables • Investigation into market potential for public fish processing and other site uses • Conceptual site plan and redevelopment framework • Implementation plan Next steps Next steps 1. KIB selects one, two, or all three sites for study in the Area Wide Planning process 2. Planning team conducts background research and phone interviews 3. A multiple-day public workshop is held in Kodiak to create redevelopment alternatives and feasibility-focused test fits 4. Stantec will co-create a strategy with the community that addresses the market conditions, the sites’ physical characteristics, and the regulatory context related to zoning, environmental constraints, local plans, community concerns, and political issues 5. The planning team will finalize the results into a report AG E N D A I T E M # 7 . A . 8S G D W H 2 Q 7 K H ( 3 $ % U R Z Q I L H O G $ V V H V V P H Q W * U D Q W $ U H D : L G H 3 O D Q Q L Q J 3D J H R I 10/24/2018 8 Kodiak Island Borough Brownfield Assessment Grant Area Wide Planning Possibilities AG E N D A I T E M # 7 . A . 8S G D W H 2 Q 7 K H ( 3 $ % U R Z Q I L H O G $ V V H V V P H Q W * U D Q W $ U H D : L G H 3 O D Q Q L Q J 3D J H R I KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 1, 2018 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2019-01A Amending Ordinance No. FY2019-01, Fiscal Year 2019 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects ORIGINATOR: Dora Cross RECOMMENDATION: Move to adopt Ordinance No. FY2019-01A. DISCUSSION: This ordinance details changes and accounts for additional funding requests that have occurred during the current fiscal year for items or circumstances that were not known or expected during the initial creation of the fiscal budget. Funds: Funds are accounts established to collect money that must be used for a specific purpose. The following funds are being changed with this budget amendment. • Fund 220 - Building and Grounds (increased by $336,000 due to the return of funds from the Main Elementary Walkway project) • Fund 276 - Facilities Fund (increased by $11,130 due to the return of funds from the Main Elementary Walkway project) • Fund 530 - Solid Waste Collection & Disposal (decreased by $50,000 due to transfer of funds to Baler Building UST project) • Fund 555 - KFRC (decreased by $180,000 due to transfer of funds to projects; $30,000 to Seawater Storage & Filter Vessel, and $150,000 to Fire Alarm Upgrades) Although ordinance's are not legally needed for transfer of funds between sub -departments within a department, staff has recommended this to facilitate intent and financial transparency to the public. • Fund 220 - Building and Grounds (department 232 (Borough Building) moving $150,000 of contingencies: $75,000 to department 234-215 Closed Schools - Larsen Bay and $75,000 to department 234-225 Closed Schools - Karluk for repairs and maintenance needed to shut down and secure the building and internal systems) • Fund 220 - Building and Grounds (department 232 (Borough Building) moving $25,000 of budgeted expenses from sub-department 234-220 Closed Schools - Port Lions to to sub- department 234-215 Closed Schools Larsen Bay for ongoing utility expenses) Projects: Since most projects cover multiple years, the borough does not create annual budgets for them. Instead, each project budget is created individually when the project itself is created.Throughout the life of a project, funds may be moved into or out of the project due to additions and subtractions to changes to the scope work, expenses that come in over/under original estimates, or funds that remain at the completion of the project. The projects being amended by this budget amendment are: • Main Elementary Walkway (reduction of $347,500 of funding; $336,700 is being returned to Fund 220 - Building & Grounds, and $11,130 of funding which is being returned to Fund 276 - Facilities Fund) • East & KMS Roofing Replacement (reallocate $30,000; 5,000 to Ahkiok, Karluk & Ouzinkie AGENDA ITEM #9.A. Ordinance No. FY2019-01A Amending Ordinance No. FY2019-01, Fiscal Year 2...Page 14 of 167 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 1, 2018 ASSEMBLY REGULAR MEETING Kodiak Island Borough Schools Flooring, and $25,000 to UST Replacement - Main, Old Harbor & Port Lions) • Ahkiok, Karluk & Ouzinkie Schools Flooring (receiving $5,000 of reallocated funds from East & KMS Roofing Replacement) • UST Replacement - Main, Old Harbor & Port Lions (receiving $25,000 of reallocated funds from East & KMS Roofing Replacement) • Renewal & Replacement (decreased by $130,000 due to transfer of $130,000 to Chiniak Emergency Shelter Rebuild for water treatment, septic and a generator) • Chiniak Emergency Shelter (increasing by $130,000 due to receiving funds from the Renewal & Replacement fund for water treatment, septic and a generator) • Playground Replacement ( increase by $50,000 due to a 2014 Legislative grant) • East & KMS Roofing Replacement (reallocate $3,580.62 of funding to Paving and UST Replacement) • Paving and UST Replacement (increasing by $24,995.95 due to: $3,580.62 of reallocated of funds from East & KMS Roofing Replacement, $6615.56 of reallocated funds from Main and Peterson Flooring Replacement and $14,799.77 of reallocated funds from Peterson Eelmentary Boilers and Controls) • Main and Peterson Flooring Replacement (reallocate $6,615.56 of funding to Paving and UST Replacement) • Peterson Elementary Boilers and Controls (reallocated $14,799.77 of funding to Paving and UST Replacement) • Baler Building UST (receiving $50,000 of funds from Solid Waste Collection and Disposal fund) • Seawater Storage and Filter Vessel (receiving $30,000 from KFRC) • Fire Alarm Replacement & Upgrade (receiving $150,000 from KFRC) AL TERNATIVES: Not passing this ordinance means fund budget expenses may exceed their appropriations and projects may not be started and/or completed. FISCAL IMPACT: See 'Discussion' and the attached table for fiscal impact information. OTHER INFORMATION: AGENDA ITEM #9.A. Ordinance No. FY2019-01A Amending Ordinance No. FY2019-01, Fiscal Year 2...Page 15 of 167 Kodiak Island Borough, Alaska Ordinance No. FY2019-01A Deletion – Red, Strikeout Page 1 of 4 Insertion – Bold, Blue, Underlined Version 1 Introduced by: Borough Manager 1 Drafted by: Finance Director 2 Introduced on: 10/18/2018 3 Public Hearing Date:11/01/2018 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2019-01A 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 AMENDING ORDINANCE NO. FY2019-01, FISCAL YEAR 2019 BUDGET, BY 11 AMENDING BUDGETS TO ACCOUNT FOR VARIOUS REVENUES THAT ARE 12 OVER BUDGET, PROVIDING FOR ADDITIONAL EXPENDITURES AND 13 MOVING FUNDS BETWEEN PROJECTS. 14 15 WHEREAS, the Borough received a project amendment from the State of Alaska Department of 16 Education & Early Development providing permission to redirect $30,000 of project funds from 17 Project #15003 – Roofing Replacement East and KMS (Kodiak Middle School) to Project #15008 18 – Flooring Replacement for Akhiok, Karluk & Ouzinkie (receiving $5,000) and Project #15011 – 19 UST (underground storage tank) Main, Old Harbor & Port Lions (receiving $25,000); and 20 21 WHEREAS, in May 2017, the Borough made repairs to the Main Elementary walkway using 22 $336,370 from the Building & Grounds fund and $11,130 from the Facilities Fund. Subsequently, 23 the Borough received permission from the State of Alaska Department of Early Education & Early 24 Development to redirect funds from other capital projects to pay for the project. This amendment 25 will return $336,370 to the Building and Grounds fund and $11,130 to the Facilities Fund; and 26 27 WHEREAS, the Borough received a 2014 Legislative Grant in the amount of $50,000 towards 28 Project #15010 – Playground Replacement; and 29 30 WHEREAS, the Borough received a project amendment from the State of Alaska Department of 31 Education & Early Development providing permission to redirect $3,580.62 of project funds within 32 from Project #15003 – Roofing Replacement East and KMS (Kodiak Middle School) to Project 33 #15009 – Paving and UST Replacement; and 34 35 WHEREAS, the Borough received a project amendment from the State of Alaska Department of 36 Education & Early Development providing permission to redirect $6,615.56 of project funds from 37 Project #15005 – Flooring Replacement – Main and Peterson to Project #15009 – Paving and 38 UST Replacement; and 39 40 WHEREAS, the Borough received a project amendment from the State of Alaska Department of 41 Education & Early Development providing permission to redirect $14,799.77 of project funds from 42 Project #15006 – Peterson Elementary Boilers and Controls to Project #15009 – Paving and UST 43 Replacement; and 44 45 AGENDA ITEM #9.A. Ordinance No. FY2019-01A Amending Ordinance No. FY2019-01, Fiscal Year 2...Page 16 of 167 Kodiak Island Borough, Alaska Ordinance No. FY2019-01A Deletion – Red, Strikeout Page 2 of 4 Insertion – Bold, Blue, Underlined Version 1 WHEREAS, staff requests a transfer of $50,000 from Fund 530 Solid Waste Collection and 46 Disposal to Fund 490 Capital Projects - Project #18005 Baler Building UST due to discovery and 47 required treatment of contaminated soil; and 48 49 WHEREAS, staff requests a transfer of $25,000 from Fund 469 Renewal & Replacement to Fund 50 450 Capital Projects - Project #16003 for Chiniak Emergency Shelter Rebuild for water treatment; 51 and 52 53 WHEREAS, staff requests a transfer of $30,000 from Fund 469 Renewal & Replacement to Fund 54 450 Capital Projects - Project #16003 for Chiniak Emergency Shelter Rebuild for a septic system; 55 and 56 57 WHEREAS, staff requests a transfer of $75,000 from Fund 469 Renewal & Replacement to Fund 58 450 Capital Projects - Project #16003 - Chiniak Emergency Shelter Rebuild for a generator; and 59 60 WHEREAS, staff requests a transfer of $30,000 from Fund 555 KFRC to Fund 426 KFRC Capital 61 Improvements – Project #19003 Seawater Storage and Filter Vessel for design and bid package 62 preparation for tank liners; and 63 64 WHEREAS, staff requests a transfer of $150,000 from Fund 555 KFRC to Fund 426 KFRC Capital 65 Improvements – Project #19004 Fire Alarm Replacement & Upgrade for replacement and 66 upgrades to current fire alarm system; and 67 68 WHEREAS, staff requests a transfer of $150,000 within Fund 220 – Building and Grounds from 69 the Borough Building department to the School Buildings department for unbudgeted repairs and 70 school closure costs. $75,000 will go toward the Larsen Bay school and $75,000 toward the 71 Karluk school; and 72 73 WHEREAS, staff originally budgeted for the possible utility costs associated with the closure of 74 the Port Lions and Karluk schools, and since the Port Lions school did not close, staff is requesting 75 a transfer of the $25,000 of budgeted utility expenses from the Port Lions school (which did not 76 close) to the Larsen Bay school (which did close); and 77 78 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 79 BOROUGH THAT: 80 81 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak 82 Island Borough Code of Ordinances. 83 84 Section 2: Within Fund 470 Capital Projects: 85 • $30,000 decrease to Project #15003 Roofing Replacement – East and KMS, 86 • $5,0000 increase to Project #15008 Flooring Replacement – Akhiok, Karluck & Ouzinkie, 87 • $25,000 increase to Project #15011 UST Replacement – Main, Old Harbor, & Port Lions 88 89 AGENDA ITEM #9.A. Ordinance No. FY2019-01A Amending Ordinance No. FY2019-01, Fiscal Year 2...Page 17 of 167 Kodiak Island Borough, Alaska Ordinance No. FY2019-01A Deletion – Red, Strikeout Page 3 of 4 Insertion – Bold, Blue, Underlined Version 1 Section 3: Fund 469 Renewal & Replacement – Project #17006 - Main Elementary Walkway will 90 decrease by $347,500 and: 91 • Fund 220 Building & Grounds, will increase by $336,370 92 • Fund 276 Facilities Fund, will increase by $11,130 93 94 Section 4: Fund 470 Capital Projects – Project #15010 Playground Replacement, will increase by 95 $50,000. 96 97 Section 5: Within Fund 470 Capital Projects: 98 • Project #15003 – Roofing Replacement East and KMS (Kodiak Middle School) will 99 decrease by $3,580.62. 100 • Project #15009 – Paving and UST Replacement will increase by $3,580.62. 101 102 Section 6: Within Fund 470 Capital Projects: 103 • Project #15005 – Flooring Replacement Main and Peterson will decrease by $6,615.56 104 • Project #15009 – Paving and UST Replacement will increase by $6,615.56. 105 106 Section 7: Within Fund 470 Capital Projects: 107 • Project #15006 – Peterson Elementary Boilers and Controls will decrease by $14,799.77 108 • Project #15009 – Paving and UST Replacement will increase by $14,799.77. 109 110 Section 8: Fund 530 Solid Waste Collection and Disposal, will allocate $50,000 to Fund 490 111 Capital Projects – Project #18005 Baler Building UST. 112 113 Section 9: Fund 469 Renewal & Replacement, will allocate $25,000 to Fund 450 Capital Projects 114 – Project #16003 Chiniak Emergency Shelter Rebuild. 115 116 Section 10: Fund 469 Renewal & Replacement, will allocate $30,000 to Fund 450 Capital Projects 117 – Project #16003 Chiniak Emergency Shelter Rebuild. 118 119 Section 11: Fund 469 Renewal & Replacement, will allocate $75,000 to Fund 450 Capital Projects 120 – Project #16003 Chiniak Emergency Shelter Rebuild. 121 122 Section 12: Fund 555 KFRC, will allocate $30,000 to Fund 426 Capital Improvements – Project 123 #19003 Seawater Storage and Filter Vessel. 124 125 Section 13: Fund 555 KFRC, will allocate $150,000 to Fund 426 Capital Improvements – Project 126 #19004 Fire Alarm Replacement & Upgrade. 127 128 Section 14: Fund 220 Building and Grounds, Department 232 Borough Building will decrease by 129 $150,000 and 130 • Department 234 School Buildings, sub-department 215 Larsen Bay Closed school will 131 increase by $75,000 132 AGENDA ITEM #9.A. Ordinance No. FY2019-01A Amending Ordinance No. FY2019-01, Fiscal Year 2...Page 18 of 167 Kodiak Island Borough, Alaska Ordinance No. FY2019-01A Deletion – Red, Strikeout Page 4 of 4 Insertion – Bold, Blue, Underlined Version 1 • Department 234 School Buildings, sub-department 225 Karluk Closed School will increase 133 by $75,000 134 135 Section 15: Fund 220 Building and Grounds, Department 232, sub-department 220 Port Lions 136 Closed School will decrease by $25,000 and sub-department 215 Larsen Bay Closed 137 School will increase by $25,000. 138 139 Effective Date: This ordinance takes effect upon adoption. 140 141 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 142 THIS __________ DAY OF _______________, 2018. 143 144 KODIAK ISLAND BOROUGH ATTEST: 145 146 147 ___________________________ ___________________________ 148 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 149 150 VOTES: 151 Ayes: 152 Noes: 153 AGENDA ITEM #9.A. Ordinance No. FY2019-01A Amending Ordinance No. FY2019-01, Fiscal Year 2...Page 19 of 167 dlc 10/03/18 Original Budget Original Percentage 2019-01A Budget Amendment Budget After Amendments Percentage After Budget Amendments A.General Fund (100) Revenues Property Tax - Real 1,355,811$ 20.50%-$ 1,355,811 20.50% Property Tax - Personal 150,838 2.28%- 150,838 2.28% Non-Ad Valorem Tax 26,500 0.40%- 26,500 0.40% Payment in Lieu of Tax 1,342,000 20.29%- 1,342,000 20.29% Severance Tax 1,300,000 19.65%- 1,300,000 19.65% Penalties & Interest 150,000 2.27%- 150,000 2.27% Licenses & Permits 54,550 0.82%- 54,550 0.82% Excise Tax 350,000 5.29%- 350,000 5.29% Shared Revenue - Federal 150,000 2.27%- 150,000 2.27% Shared Revenue - State 1,637,096 24.75%- 1,637,096 24.75% Investments Earnings 5,000 0.08%- 5,000 0.08% Miscellaneous 2,965 0.04%- 2,965 0.04% Use of Fund Balance 0 0.00%- 0 0.00% Transfers In 90,008 1.36%- 90,008 1.36% Total General Fund Revenues 6,614,768$ -$ 6,614,768$ Expenditures Legislative 173,700$ 2.63%-$ 173,700$ 2.63% Borough Management 654,301 9.89%-$ 654,301$ 9.89% Borough Clerk 546,427 8.26%-$ 546,427$ 8.26% Legal Services 163,000 2.46%-$ 163,000$ 2.46% Finance/Accounting 935,480 14.14%-$ 935,480$ 14.14% Finance/MIS 1,119,339 16.92%-$ 1,119,339$ 16.92% Assessing 778,060 11.76%-$ 778,060$ 11.76% Engineering/Facilities 393,596 5.95%-$ 393,596$ 5.95% Community Development 848,839 12.83%-$ 848,839$ 12.83% Building Inspectors 159,090 2.41%-$ 159,090$ 2.41% Economic Development 32,100 0.49%-$ 32,100$ 0.49% General Administration 284,135 4.30%-$ 284,135$ 4.30% Parks and Recreation 98,319 1.49%-$ 98,319$ 1.49% Emergency Preparedness 59,878 0.91%-$ 59,878$ 0.91% Animal Control 114,015 1.72%-$ 114,015$ 1.72% Education, Culture & Recreation 20,489 0.31%-$ 20,489$ 0.31% College and Libraries 50,000 0.76%-$ 50,000$ 0.76% Non Profit Funding 184,000 2.78%-$ 184,000$ 2.78% Transfers Out 0 0.00%-$ -$ 0.00% Total General Fund Expenditures 6,614,768$ -$ 6,614,768$ Kodiak Island Borough Budget Summary Fiscal Year 2019 (July 1, 2018 through June 30, 2019) AGENDA ITEM #9.A. 2rdinance 1o FY201901$ $mending 2rdinance 1o FY201901, Fiscal Year 23age 20 oI 167 dlc 10/03/18 Kodiak Island Borough Budget Summary Fiscal Year 2019 (July 1, 2018 through June 30, 2019) Original Budget 2019-01A Budget Amendment Budget After Amendments B.Special Revenue Funds (Revenues and Expenditures)(Revenues and Expenditures) (Revenues and Expenditures) 1 Education Support Fund (201)9,890,244$ -$ 9,890,244$ 2 Land Sales (210)339,553$ -$ 339,553$ 3 Buildings & Grounds Fund (220)832,522$ 336,370$ 1,168,892$ 4 Local Emergency Planning Committee (234)15,500$ -$ 15,500$ 5 Women's Bay Road Service Area (240)226,190$ -$ 226,190$ 6 Service Area No. 1 (242)406,500$ -$ 406,500$ 7 Service Area No. 2 (243)25$ -$ 25$ 8 Monashka Bay Road Services Area (244)50,738$ -$ 50,738$ 9 Bay View Road Service Area (246)15,485$ -$ 15,485$ 10 Fire Protection Area No. 1 (250)671,026$ -$ 671,026$ 11 Women's Bay Fire Department (252)183,150$ -$ 183,150$ 12 KIB Airport Fire Area (254)16,941$ -$ 16,941$ 13 Woodland Acres Street Light Area (260)5,418$ -$ 5,418$ 14 Trinity Acres Lighting Dist. (261)2,004$ -$ 2,004$ 15 Mission Lake Tide Gate (262)1,798$ -$ 1,798$ 17 Facilities Fund (276)449,000$ 11,130$ 460,130$ 18 Tourism Development (277) 132,000$ -$ 132,000$ Total Special Revenue Funds 13,238,094$ 347,500$ 13,585,594$ AGENDA ITEM #9.A. 2rdinance 1o FY201901$ $mending 2rdinance 1o FY201901, Fiscal Year 23age 21 oI 167 dlc 10/03/18 Kodiak Island Borough Budget Summary Fiscal Year 2019 (July 1, 2018 through June 30, 2019) Original Budget 2019-01A Budget Amendment Budget After Amendments C. Debt Service Funds (Revenues and Expenditures)(Revenues and Expenditures) (Revenues and Expenditures) 1 Debt Service (300)7,778,239$ -$ 7,778,239$ Total Debt Service Funds 7,778,239$ -$ 7,778,239$ D.Enterprise Funds (Revenues and Expenditures)(Revenues and Expenditures) (Revenues and Expenditures) 1 Solid Waste Disposal Fund (530)4,135,244$ 50,000$ 4,185,244$ 2 Hospital Enterprise Fund (540)1,452,686$ -$ 1,452,686$ 3 Long Term Care Enterprise Fund (545)1,075,928$ -$ 1,075,928$ 4 Kodiak Fisheries Research Center (555)1,760,793$ 180,000$ 1,940,793$ 5 911 Service (560)250,000$ -$ 250,000$ Total Enterprise Funds 8,674,651$ 230,000$ 8,904,651$ Total all Funds 36,305,752$ 577,500$ 36,883,252$ AGENDA ITEM #9.A. 2rdinance 1o FY201901$ $mending 2rdinance 1o FY201901, Fiscal Year 23age 22 oI 167 Kodiak Island Borough dlc 10/03/18 Budget Amendment FY2019‐01A Capital Project Funds and Project Summary Capital Fund and Projects Project Budget as of 07/01/18 Project‐to‐ Date Usage as of 07/01/18 Co m p l e t e d FY 2019‐01A Amendment Project Budget Remaining as of 06/19/2018 Fund 426 19003 Seawater Storage and Filter Vessel ‐$ ‐$ 30,000$ 30,000$ 19004 Fire Alarm Replacement & Upgrade ‐$ ‐$ 150,000$ 150,000$ Fund 450 16003 Chiniak Emergency Shelter Rebuild 540,958$ 90,871$ 130,000$ 580,087$ Fund 469 17006 Main Elementary Walkway 677,300$ 302,297$ Y (347,500)$ 27,503$ Transfer out ‐ 130,000$ Fund 470 15003 East & KMS Roofing Replacement 856,107$ 822,526$ Y (33,581)$ (0)$ 15005 Main & Peterson Flooring Replacement 593,498$ 586,882$ Y (6,616)$ 0$ 15006 Peterson Elementary Boilers & Controls 841,795$ 826,995$ Y (14,800)$ 0$ 15008 Ahkiok, Karluk & Ouz. Schools Flooring 403,489$ 405,382$ 5,000$ 3,107$ 15009 Paving and UST Replacement 1,797,829$ 734,064$ 24,996$ 1,088,761$ 15010 Playground Replacement (6 schools)879,440$ 852,023$ 50,000$ 77,417$ 15011 UST Main, Old Harbor & Port Lions 552,375$ 164,950$ 25,000$ 412,425$ Fund 490 18005 Baler UST 40,000$ ‐$ 50,000$ 90,000$ Project information is also available in the Annual Operating Budget document in the Capital Projects Fund section. AGENDA ITEM #9.A. 2UGLQDQFH 1RB )K$ $PHQGLQJ 2UGLQDQFH 1RB )K )LVFDO KHDU BBB3DJH RI Manager’s Report Michael Powers ICMA-CM November 1, 2018 Issues and Projects Spoke to the two Rotary Clubs Met with borough and state staff regarding bond/loan approval Met with Bayside Chief regarding education programs, calls for service, purchasing, staffing and related issues. Met with Fish and Game and the City concerning bears. Working with staff to do research on the issue. Working with staff on implementation of the UMOT (issuance of citations). Met with staff regarding capital projects. Worked on several personnel issues. Upcoming I will be in Anchorage for the AML Conference. AGENDA ITEM #10.A. Page 24 of 167 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 1, 2018 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1. ORIGINATOR: Maggie Slife RECOMMENDATION: The motion is on the floor which is to "move to authorize the Manager to execute Contract FY2018-32." Staff recommends adopting this motion. DISCUSSION: This contract was originally introduced on July 20, 2018. First Postponement: August 2 regular meeting Second Postponement: September 20 regular meeting Third Postponement: November 1 regular meeting. This contract is the next step in disposal of this property by lease. Planning and Zoning voted to dispose of this property by lease to Fire Protection Service Area 1 (FPSA1) in P&Z case no. 17-022. Kodiak Island Borough Assembly upheld that finding in Resolution No. FY2018 -033. Approval of this resolution will authorize the signing and execution of a 55-year lease by the Manager's office. The disposal by lease of this property has been postponed three times. Historically the property that houses the Bayside Fire Department has been leased by Fire Protection Service Area #1 (FPSA1) from the Kodiak Island Borough (KIB). Throughout the years FPSA1 has made improvements to the lot including installation of a generator, utility shed, removal of junk, and construction of numerous Fire Training apparatuses. FPSA1 has been solely responsible for maintenance, upkeep, insurance, and security of the premises. ALTERNATIVES: FISCAL IMPACT: KIB will collect $55 in rent paid upon the signing of this lease. OTHER INFORMATION: AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 25 of 167 Contract No. FY2018-32 LAND, BUILDING AND EQUIPMENT LEASE AGREEMENT FIRE PROTECTION AREA #1 - BAYSIDE VOLUNTEER FIRE DEPARTMENT THIS LEASE AGREEMENT (“the Lease), is made and entered into and effective as of the day of , 2018, by and between the KODIAK ISLAND BOROUGH, 710 Mill Bay Road, Kodiak, Alaska 99615 (hereinafter referred to as “Lessor”), and FIRE PROTECTION AREA #1 dba BAYSIDE VOLUNTEER FIRE DEPARTMENT, 4606 Rezanof Dr., Kodiak, Alaska 99615 (hereinafter referred to as “Lessee”), RECITALS WHEREAS, Lessor is the owner of certain real property in Kodiak, Alaska, which Lessee desires to lease for use as a fire station including a residence for one fire chief and his family, and a community center, including improvements and equipment described herein. The property will not be used or serve other purposes without the prior written permission of the Lessor; WHEREAS, this property was authorized for disposal by the Planning and Zoning Commission (case 17-022), and upheld by the Kodiak Island Borough Assembly under Resolution Number FY2018-33, adopted April 19, 2018 , a copy of which is attached hereto as Exhibit A, and by this reference incorporated herein. WHEREAS, the parties have agreed to the terms and conditions of the lease; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and promises herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto covenant and agree as follows: 1. Description of Premises. Lessee leases from Lessor the following real property located at 4606 Rezanof Dr. East more properly described as: Lot 3A, Block 5, Miller Point Alaska Subdivision, located in Kodiak Island Borough, Alaska, according to Plat # 2005-04 filed in Kodiak Recording District, Third Judicial District, State of Alaska. (“the Property”) The Lease includes any structures on the Premises and initial fire suppression equipment for the exclusive use of Fire Protection Area #1. Lessee accepts the Premises “AS-IS,” with all faults. (such real property hereinafter referred to as the “Premises”). Lessee acknowledges and agrees that the Premises leased to Lessee include any structures, equipment, and the initial fire suppression equipment for the exclusive use of Fire Protection Area #1on the Premises as part of the Lease. The AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 26 of 167 Contract No. FY2018-32 rights granted under this Lease are subject to all exceptions, agreements, easements, rights-of-way, conditions, covenants, reservations, terms, conditions, and restrictions of record against the real property. This Lease confers no rights either with regard to the subsurface of the land below the ground of the Building or with regard to airspace above the ceiling of the Building. No easement for light or air is included in the Premises. See Attachment A, Site Plan. 2. Use of Premises. Subject to the terms and conditions of this Lease, Lessee shall use the Premises solely as a fire station including a residence for one fire chief and his family, and a community center. The Premises may not be used for any other purposes without the prior written permission of the Lessor. 3. Term. The term of this Lease shall be for fifty-five (55) years, commencing on , 2018 and ending on , 2073. (“Term”). For the term of this Lease and any option period, Lessee shall have the sole and exclusive right of use of the leased Premises. 4. Rental. Lessee covenants and agrees to pay Lessor rent in an amount equal to One Dollar ($1.00) per year. The rent quoted is exclusive of any sales, franchise, business, occupation, or other taxes based on rents, and should any such taxes apply or be enacted during the term of this Lease, the rent shall be increased by such amount. Rent for the term of the Lease is payable in advance, the amount of fifty-five dollars ($55.00) may be paid upon execution of the lease. Should Lessee vacate the Premises during the term of this Lease or any option period, no refund of the rent shall be due. 5. Site Examination. Lessor shall not be called upon to make any change or improvement above to the Premises, and the Lessee warrants and represents that it has examined the Premises and the same is suitable for its intended use of the Premises. Lessor has no obligation to repair, maintain or replace any structure located on the Premises. Lessee is responsible for all such costs. 6. Lessee Improvements. The real property contains a fire station building and outbuildings including a storage building, outdoor generator and training area with equipment constructed by the Lessor for exclusive use by Fire Protection Area #1. Pursuant to the terms hereof, the Lessee shall not make any alterations, additions or improvements to the Premises without obtaining the written consent of the Lessor first. When such consent by the Lessor is given, all workmanship involved and material used shall be of a quality consistent with the construction of the Premises at the start of the lease term. In the event the Lessor determines, solely at the discretion of the Lessor, that the Lessee has allowed inferior material or workmanship to become a part of the Premises at any location or for whatever purposes, then, immediately following written notification of such deficiency to Lessee, Lessee shall promptly cause such deficiency to be remedied to the satisfaction of the Lessor. All contractors involved in such alterations shall be approved by Lessor prior to commencing work and shall be under the supervision of Lessor. Except as otherwise provided herein, Lessee shall be solely responsible at its own expense for the installation, operation, maintenance and repair of any structures on the Premises, including the associated parking, and access areas. AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 27 of 167 Contract No. FY2018-32 All “Lessee Improvements”, at the expiration or earlier termination of this Lease, become the property of the Lessor except where the Lessor has otherwise agreed in writing. 7. Equipment. Lessor acknowledges the inventory of initial fire suppression equipment of Fire Protection Area #1. Any additional or replacement equipment will be provided by Fire Protection Area #1 at its sole cost and expense. 8. Maintenance, Repairs and Servicing Equipment. The Lessee shall, at the Lessee’s own cost and expense, keep all mechanical Equipment in good repair, condition, and working order and furnish any and all labor, parts, mechanisms, and devices required to keep the Equipment in good mechanical and working order. The Lessee shall pay all costs, expenses, fees, and charges incurred in connection with the use and operation of the Equipment, during the Lease term, including but not limited to repairs, maintenance, storage, and servicing. Any disrepair of the Equipment shall not relieve the Lessee of the obligation to pay or any other obligation under this Lease. The Lessor, notwithstanding any statute or rule of law to the contrary, shall have no obligation whatsoever to repair or maintain the Equipment regardless of the cause of such repair or maintenance. 9. Risk of Loss of Equipment. Pursuant to the terms hereof, the Lessee hereby assumes and shall bear the entire risk of loss, theft, damage, and destruction of the Equipment, or any portion thereof, from any cause whatsoever, and no loss, theft damage, or destruction of the Equipment shall relieve the Lessee of any obligation under this Lease. The Lessee shall promptly notify the Lessor in writing of any loss, theft, damage, or destruction of the Equipment. 10. Utilities and Services. Lessee, upon commencement of this Lease shall be responsible and carry the accounts for all utilities necessary for the operation of Fire Protection Area #1 and its equipment including but not limited to electricity, heat, snow removal, refuse collection and janitorial services, in its name and shall bear all responsibility for the timely payment to the utility providers. Lessee agrees to be responsible, if it is required to construct new or additional utility installations including, without limitation, wiring, plumbing, conduits and mains. Lessee shall maintain the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order ad condition the repair of which shall be paid for by Lessee. Lessee shall also provide its own light bulbs, toilet room supplies, and customary building janitorial service. Lessor shall not be liable to Lessee for any loss or damage caused by or resulting from any variation, interruption, or failure of such services due to any cause whatsoever. 11. Maintenance and Repairs of Premises. Lessee will permit no waste, damage, or injury to the Premises. Lessee shall at all times use said Premises in accordance with, and comply with, the laws of the State of Alaska and the ordinances of the Kodiak Island Borough in which said Premises are located, and in accordance with all directions, rules, and AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 28 of 167 Contract No. FY2018-32 regulations of any public official or other proper officer of the borough at the sole cost and expense of Lessee. Lessee, at Lessee’s sole expense, shall maintain, in good condition the entire Premises in good repair and in a neat and orderly condition at all times. Lessee shall keep the sidewalks abutting the Premises, and all separate entrances to said Premises free and clear of snow, ice, debris, and obstructions of every kind. Lessee shall keep the roof and drains leading from the roof free and clear from snow, ice, debris, or other obstructions when required by emergency conditions in order to protect the Premises or portions thereof occupied by Lessee. At the expiration or sooner termination of this Lease, Lessee will quit and surrender the Premises, and the Premises shall be returned to the Lessor in the same or better condition as at the start of this Lease Agreement. 12. Minerals and Timber. Lessee shall acquire no interest whatsoever in any deposits of stone or gravel valuable for extraction or utilization, or any material subject to the Kodiak Island Borough Code Chapters 18.60 and 18.70 as amended or hereafter amended. Lessee shall not sell or remove or attempt to sell or remove any timber, stone, gravel or any other material valuable for building or commercial purposes. 13. Waste. Lessee shall not commit waste or injury to the lease premises by removing timber, stone, gravel, soil or other materials except as authorized by the KIB in writing and only when necessary to the utilization of the premises. Lessee shall not cause or permit any conditions that will allow erosion of the topsoil nor shall Lessee otherwise commit waste or injury to the premises. Lessee shall take all reasonable precaution to prevent and suppress grass, brush or forest fires on the leased premises. 14. Accidents. All personal property kept on said Premises shall be so kept at the risk of the Lessee. Lessor shall not be liable for theft or any damage, either to person or property, sustained by the Lessee or others due to the Lessee’s use of the Premises through this Lease Agreement. Lessee agrees to defend and hold Lessor harmless from any and all claims for damages suffered or alleged to be suffered on or about the Premises by any person, firm, or corporation, and from any expenses incurred by Lessor with respect to such claim, except as occasioned by the sole neglect of Lessor or Lessor’s agents or employees. 15. Insurance. (a) Liability and Property Damage Insurance. Lessee, at its own expense, shall secure and maintain in full force at all times during the term of the Lease, adequate public liability and property damage insurance recommended by an insurance professional, licensed to transact the business of insurance under Alaska Statue, Title 21, and acceptable to the Lessor. Lessor will expect to see at the minimum the following type of coverage: AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 29 of 167 Contract No. FY2018-32 (1) Commercial General Liability Insurance. The policy shall have minimum limits of public liability coverage per occurrence shall be One Million Dollars ($1,000,000) combined single limit bodily injury or death and property damage insuring against all liability of Lessee, its officers, contractors, licensees, agents, employees, guests, invitees and authorized representatives, arising out of and in connection with Lessee's use or occupancy of the Premises. (2) Workers’ Compensation Insurance. The Lessee shall provide and maintain, for all its employees and volunteers, Workers’ Compensation Insurance as required by AS 23.30.045. Where applicable coverage must comply with any other statutory obligations, whether Federal (i.e. U.S.L. & H or Jones Act) or other state laws in which employees are engaged in work on the lease premises. The insurance policy must contain a waiver of subrogation clause in favor of the Lessor. (b) Ensure that All policies shall name Lessor, as "additional insured" on all liability policies held by the Lessee that provide coverage for liabilities connected to the operations of the Lessee on or in conjunction with the leased premises. (c) Provide proof of insurance to the Lessor on a yearly basis. The certificate must provide for a 30-day prior notice to the Lessor in the event of cancellation, non- renewal or material change of conditions. Failure to furnish satisfactory evidence of insurance or lapse of the policy are material breaches of the lease and shall be grounds, at the option of the Lessor, for termination of the lease. Generally, the Lessor will rely upon the best professional judgment of the licensed insurance agent and, at renewal, the agent’s annual reassessment of the insured’s liability exposure for determination of adequate levels of coverage. The Lessor reserves the right to require additional coverage if, in its discretion, it determines that it may be warranted. Any changes in the approved lease development and operation plan, or the existence of significant claims against the liability coverage would warrant examination of the insurance by the Lessor to determine adequacy. (d) In the event the Lessee becomes aware of a claim against any of its liability coverage, the Lessee shall notify, and provide documentation and full disclosure of the claim to the Lessor within 20 days. 16. Fire Insurance. Lessee, at Lessee’s expense, shall throughout the Term of this Lease, maintain appropriate insurance on the following: (a) The Building. The Lessee shall provide a policy of fire and extended coverage insurance, with vandalism and malicious mischief endorsements, of the type commonly referred to as an “all risk” policy to the extent of one hundred (100%) of full replacement value which may afford coverage for flood, earthquake, sprinkler leakage, or explosion of steam and pressure boilers. The policy shall be issued in the names of Lessor and Lessor’s lender, as their interests may appear. The policy shall provide that any proceeds shall be made payable solely to Lessor or Lessor’s lender. AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 30 of 167 Contract No. FY2018-32 (b) Personal Property. The Lessee shall provide on all of its equipment and personal property, Lessee improvements and alterations, in, on or about the Premises, a policy of fire and extended coverage insurance, with vandalism and malicious mischief endorsements, to the extent of one hundred percent (100%) of their actual cash value. The proceeds of any such policy shall be used by Lessee for replacement of such equipment and personal property originally provided by Lessor and the restoration of any Lessee improvements or alterations. Lessee shall not use the Premises for any purpose, nor do any act in the Premises, which will increase the existing rate of insurance on the Building or cause the cancellation of any insurance policy covering the Building, or any part thereof. Lessee shall, at Lessee’s expense, comply with any and all requirements pertaining to the Premises of any insurance organization or company, necessary for the maintenance of fire and extended coverage insurance covering the Building. 17. Indemnification. (a) General. Lessee shall save, protect, hold harmless, indemnify and defend Lessor, and Lessor’s officers, directors, employees, and shareholders, of, from and against any and all liability, damages, demands, penalties, fines, causes of action, losses, costs, or expenses, including attorney fees, arising from any act, omission, or negligence of Lessee or the contractors, subcontractors, licensees, agents, servants, employees, guests, invitees, visitors, or trespassers of Lessee in or about the Premises or improvements located thereon, or arising from any accident, injury or damages howsoever and by whomsoever caused, to any person or property, including but not limited to damage to the Premises itself, improvements thereon, or injury to or death of persons, occurring in or about the Premises or improvements located thereon, or in any manner arising out of Lessee’s use and occupation of the Premises or improvements thereon, or as a result of the condition of the Premises or improvements thereon. Lessor shall not be liable for any loss or damage to person or property sustained by Lessee, or other persons, which may be caused by the Building, the Premises, any improvement on, in or under the Land or the Property, or any appurtenances thereto, being out of repair, or by the bursting or leakage of any water, gas, sewer or steam pipe, or by theft, or by any act or neglect of any Lessee or occupant of the Building, or of any other person, or by any other cause of whatsoever nature, unless caused by the negligence of the Lessor. (b) Environmental. (1) Review of Environmental Standards. Lessee shall abide by, and shall cause its employees, agents, any contractors or subcontractors it employs, and its invitees and guests to abide by, all applicable rules and regulations related to fire, safety, health and environmental protection. (2) Permits. Lessee shall prepare and submit any reports and apply for and procure all permits or authorizations required to operate the Premises in full compliance AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 31 of 167 Contract No. FY2018-32 with any and all applicable or relevant federal, state, and local statutes or ordinances, rules and regulations, financial responsibility requirements, permit conditions, and orders related to safety and working conditions, transportation or disposal of Hazardous Substances, and envi ronmental protection. (3) Restoration. Lessee shall take all steps necessary to adequately restore the Premises as a result of any environmental damage, including, but not limited to, such steps as may be required by applicable Environmental Law or valid order of a court or regulatory agency. (4) Hazardous Substances. Lessee shall transport and dispose of any Hazardous Substances in accordance with all applicable laws. For purposes of this Lease, the term “Hazardous Substance” means any flammables, explosives, radioactive materials, crude or refined petroleum, pollutants, contaminants, or any hazardous, toxic, or dangerous waste, substance, or material, including asbestos, defined as such in (or for purposes of) the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.A. Sec. 9601 et. seq.), any so-called “Superfund” or “Superlien” law, or any other Environmental Law, including, but not limited to, Alaska Statutes Title 46, Chapters .03, .08 and .09, as now or at any time hereafter in effect. For purposes of this Lease, the term “Environmental Law” means any Federal, state, or local laws, ordinances, codes, regulations, rules, orders, or decrees, relating to, or imposing liability or standards of conduct concerning the treatment, storage, use or disposal of any Hazardous Substances. (5) Indemnification: Hazardous Substances. Without limiting the duty to indemnify as provided in (a) above, Lessee shall save, protect, defend, indemnify and hold harmless Lessor from and against any and all demands, claims, causes of action (whether in the nature of an action for damages, indemnity, contribution, government cost recovery or otherwise), lawsuits, settlements, actions, damages, fines, penalties, judgements, costs and expenses (including without limitation costs of defense, settlement, and reasonable attorney’s fees), charges, forfeitures, liens, liabilities or loses of any nature and kind whatsoever, which arise during or after the Term of this Lease from or in connection with the presence or suspected presence of Hazardous Substances in the soil, groundwater, or otherwise on, above or in the Premises, or otherwise generating from the Premises, or operations or activities thereon, or from Lessee (or its employees, affiliates, parents, agents, contractors, subcontractors, sublessees, guests, invitees, or assigns, and their respective employees, agents, contractors, subcontractors, or sub-users), or from any alleged or actual violation of an Environmental Law. This indemnification includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal, or restoration work. (c) All of the foregoing indemnification, defense and hold harmless obligations in (a) and (b) above shall survive the expiration or early termination of this Lease. 18. Condemnation. If all of the Premises or such portion as may be required for the reasonable use of the Premises, are taken by eminent domain, this Lease shall automatically AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 32 of 167 Contract No. FY2018-32 terminate as of the date Lessee is required to vacate the Premises. In the case of a taking of less than that portion of the Premises required for the reasonable use of the Premises, then this Lease shall continue in full force and effect. Lessor reserves all rights to just compensation and/or damage for any taking of the Premises, and Lessee hereby assigns to Lessor, and Lessee shall make no claim against Lessor, for damages arising out of the condemnation, provided, Lessee shall have the right to claim and recover from the condemning authority, to the extent permitted by law, compensation for any loss to which Lessee may be put for the improvements, for Lessee’s moving expenses or for the interruption of or damage to Lessee’s business, to the extent such damages may be claimed and awarded separately from the damages and/or compensation awarded to Lessor. 19. Subletting and Assignment. Lessee shall not voluntarily assign or encumber its interest in this Lease or in the Premises or sublease all or any part of the Premises, or allow any other person or entity to occupy or use all or any part of the Premises without first obtaining Lessor’s prior written consent. Any assignment, encumbrance or sub-lease without Lessor’s consent shall be voidable and, at Lessor’s election, shall constitute a default. 20. Liens and Insolvency. Lessee shall keep the Premises and any part thereof free from any liens for labor or materials ordered or supplied upon the express or implied request of Lessee. Should any such lien be recorded or should a lien be recorded by Lessee, Lessee shall forthwith and within Thirty (30) days of learning of such recording cause the same to be cancelled and discharged of record at Lessee’s sole cost and expense. Alternatively, Lessee shall provide Lessor with written proof of the existence of an appropriate surety bond in accordance with A.S. 34.35 etc., and in any event written by a corporate surety qualified to do business in the State of Alaska, in an amount equal to not less than one hundred fifty percent (150%) of the amount of the claim of the lien. Such surety bond shall be in favor of Lessor or the lien claimant as elected by Lessor. Lessee shall take all steps necessary to have such liens released or judgment resulting therefrom promptly satisfied at Lessee’s own expense. In the event Lessee becomes insolvent or involuntarily bankrupt, or if any receiver, assignee, or other liquidating officer is appointed for the business of Lessee, then Lessor may cancel this Lease at Lessor’s option. 21. Use, Occupancy and Care of the Leased Premises. At all times during the Term hereof, Lessee shall, at Lessee’s sole cost and expense: (a) keep the Premises and improvements constructed thereon clean, safe and orderly; (b) conduct activities upon and generally maintain the Premises and improvements in such a manner and with such care that injury to persons and damage to property does not result therefrom; AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 33 of 167 Contract No. FY2018-32 (c) not use or permit any part of the Premises or improvements to be used for any unlawful or unauthorized purpose nor perform, permit or suffer any act or omission upon or about the Premises or improvements which would result in a nuisance or a violation of any applicable laws, ordinances or regulations; (d) comply with city, state, federal and other governmental laws, statutes, ordinances, rules, orders, and regulations of whatever type and nature, including but not limited to, zoning ordinances, health, fire, safety and environmental laws and regulations which in any manner affect the leased Premises, improvements, or activities thereon; (e) not cause or permit any waste, damage or injury to the Premises or improvements; and (f) not vacate or abandon the Premises at any time during the Term hereof. 22. Compliance with Laws. The Lessee shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Lessee, the Borough, or during performance of the services. Failure on the part of the Lessee to comply with such rules, regulations, or ordinances shall constitute a violation hereof and subject this agreement to termination. 23. Surrender of Premises. Lessee on the last day of the Term, or upon earlier termination of this Lease, shall peaceably and quietly leave and surrender the Premises in as good condition as on commencement of the term, ordinary wear and tear and damage that Lessor has been fully compensated for by insurance proceeds excepted. 24. Attorneys’ Fees, Costs and Expenses If Lessee or Lessor shall bring any action for any relief against the other, declaratory or otherwise, arising out of this lease, including any suite by Lessor for the recovery of rent or possession of the Premises, the losing party shall pay the successful party a reasonable sum for attorney’s fees and cost of suit for such suit and any appeal. 25. Access. Lessor, Lessor’s agents, employees, officers, and designees shall have the right to enter the Premises at all reasonable times to inspect the same, to protect its interests, perform its obligations under this Lease, or to comply with a federal, state, or local law, regulation, or directive. In addition, Lessor shall have the right to enter the Property in emergencies. AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 34 of 167 Contract No. FY2018-32 26. Taxes and Assessments. Lessee shall be responsible for and shall pay promptly when due any and all general, special, real property taxes, sales, personal property, possessory interest taxes and assessments, levied against the Premises and/or the improvements thereon. Lessee shall promptly upon request of Lessor provide written proof of such payment. 27. Holding Over. If Lessee shall remain in possession of said Premises after the termination of this Lease or after the expiration of said Term without a proper extension or renewal of this Lease, Lessee shall be deemed to occupy the Premises as a Lessee from month-to- month. If Lessee remains in possession of the Premises after expiration of the term of this Lease, or after the date in any notice given by Lessor to Lessee terminating this Lease, such possession by Lessee shall be deemed to be a month-to-month tenancy terminable on thirty (30) days’ notice given at time by either party, provided, however, that Lessor, at lessor’s election expressed in a notice to lessee, and not otherwise, may elect to treat such holding over as a renewal of this Lease for a term of one (1) year. 28. Notices. Any and all notices required or permitted under this Lease, unless otherwise specified in writing by the party whose address is changed, shall be as follows: Lessor: Kodiak Island Borough Attn: Borough Manager 710 Mill Bay Road Kodiak, Alaska 99615 Lessee: Fire Protection Area #1 Attn: Chairman 4606 Rezanof Dr. Kodiak, Alaska 99615 29. Default. (a) The occurrence of one or more of the following events shall constitute a default and breach of this Lease by Lessee: (1) Violation or breach or failure to keep or perform any covenant, agreement, term or condition of this Lease which shall continue or not be remedied within fifteen (15) days after notice thereof is given by Lessor to Lessee specifying the matter or matters claimed to be in default. AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 35 of 167 Contract No. FY2018-32 (2) Filing by the Lessee in any court pursuant to any statute, either of the United States or any state, a petition in bankruptcy or insolvency, or for reorganization or for the appointment of a receiver or trustee of all or a portion of the Lessee’s property, or an assignment by the Lessee for the benefit of creditors. (3) The taking possession of the property of Lessee by any governmental office or agency pursuant to statutory authority for the dissolution or liquidation of the Lessee. (4) An abandonment or vacation of the Premises by Lessee prior to the expiration of the Term of this Lease. (5) The use of the Premises for any purpose other than those specified in Section 2. (6) Breach of any provision of this Lease, including, without limitation, an attempted assignment or subletting without the prior consent of Landlord. (7) Constructing any additional improvements without written permission from Lessor. (b) Upon the occurrence of a default as defined in “A” above, Lessor may at Lessor’s option, declare Lessee’s rights terminated and may re-enter the Premises and improvements, using such force as is necessary, and without further notice, remove all persons and property from the Premises and repossess Lessor of Lessor’s former estate. In such case, Lessor shall be deemed to have an immediate right to possession of the Premises and improvements (if Lessor so desires) and Lessee shall peacefully surrender the same. No judicial action shall be necessary to affect such termination. (c) Such re-entry and termination notwithstanding, the liability of Lessee for payment of all amounts required to be paid by Lessee under this Lease, including payment of the full rental provided herein for what would otherwise have constituted the balance of the Term of this Lease shall not be extinguished and Lessee shall make good to Lessor the expenses and damages suffered by Lessor as a result of the default, repossession and reletting, including without limitation, legal expenses, renovation expense, alteration expense, and any rental deficiency resulting from the inability to relet the Premises or reletting at a lesser rate. AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 36 of 167 Contract No. FY2018-32 Lessor may, but shall not be obligated to, relet the Premises or any part thereof in the name of the Lessor, or otherwise, for such term (which may be greater or less than the period which would otherwise have constituted the balance of the Term of this Lease) and on such conditions as Lessor may determine appropriate, and may collect and receive the rent therefrom; Lessor shall not be responsible or liable for any failure to relet the Premises, or any part thereof, or for any failure to collect any rent due upon any such reletting. (d) In the event of default, as defined in subparagraph A, Lessor shall have such further and additional rights as are provided by law or equity. 30. Cure of Default by Lessor. Lessor may, at the expense of Lessee, cure any default by Lessee hereunder which Lessee has not cured within the prescribed period, but shall not be required to do so. Lessee shall reimburse Lessor for all amounts expended in connection therewith, including attorney’s fees and other incidental expenses. Such amounts, together with interest at the maximum lawful rate of interest, shall be deemed additional rent payable within thirty (30) days of notification that such amount is due. 31. Costs Upon Default. In the event a party shall be in default in the performance of any of its obligations under this Lease and an action shall be brought for the enforcement thereof, the defaulting party shall pay to the other party all the expenses incurred therefor, including reasonable attorney’s fees. 32. Discretionary Termination. (a) The purpose of this real Property Lease is to provide ground space, buildings and initial fire suppression equipment for use as a fire station including a residence for one fire chief and his family, and a community center. Lessor shall be entitled to terminate the Lease at Lessor’s sole discretion. (b) This Lease may be terminated at any time by the mutual written consent of the parties hereto. 33. Attorneys’ Fees, Costs and Expenses. In the event either party brings or commences legal proceedings to enforce any of the terms of this Lease, the successful party in such action shall receive from the other, in every action commenced, a reasonable sum for attorneys’ fees and costs to be fixed by the court in the same action. 34. Rights and Remedies. No right or remedy herein conferred upon or reserved to a party hereunder is intended to be exclusive of any other right or remedy, and such and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity or by statute. AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 37 of 167 Contract No. FY2018-32 35. Assignment and Subletting. Lessee shall not sublet, mortgage, pledge or assign its rights under this Lease without the prior written consent of Lessor, which consent may be withheld in Lessor’s sole and absolute discretion, and any purported sublease, mortgage, pledge or assignment without such consent shall be null and void and of no force or effect, provided that Lessee shall be authorized to mortgage its interest in this Lease to a bank in conjunction with any financing of Lessee’s lodge business. 36. Waiver and Forbearance. The failure by the Lessor to insist upon strict performance of any term, condition or covenant of this lease or to exercise any right or remedy available on a breach there shall not constitute a waiver of any applicable term, condition or covenant of this agreement. Waiver of performance of any term, condition or covenant, or any breach thereof shall be only by written instrument executed by the Lessor. A waiver of any default shall not affect or alter any term, condition or covenant of this lease and those terms, conditions or covenants, shall continue in full force and effect with respect to any other subsequent default. 37. Successors in Interest. This Lease shall be binding upon and inure to the benefit of the respective heirs, successors and permitted assigns of the parties hereto. 38. Applicable Law. This Lease Agreement shall be construed and enforced in accordance with the laws of the State of Alaska. 39. Authority. Lessee covenants and acknowledges that it has the full, complete and absolute authority to enter into this Lease; this Lease is a binding and enforceable agreement of and against Lessee; and the person executing the Lease on Lessee’s behalf is duly and property authorized to do so. 40. Severability. If any provision of this Lease or any application thereof shall be held invalid, illegal or unenforceable, the remainder of this Lease or any other application of such provision shall not be affected thereby. 41. Recording. Either party may record this Lease. 42. Miscellaneous Provisions. (a) This Lease constitutes all of the agreements and conditions made between the parties and may not be modified orally or in any manner other than by an agreement in writing signed by both parties or their respective successors in interest. AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 38 of 167 Contract No. FY2018-32 (b) Each term and such provision of this Lease shall be construed to be both a covenant and a condition of this Lease. (c) Lessee agrees to host household waste and recycling receptacles on the property for the benefit of the general public and shall accommodate said receptacles, users, and associated traffic. (d) Time is of the essence in each term and provision of this Lease. IN WITNESS WHEREOF, the undersigned have caused this Lease Agreement to be executed effective as of the date and year hereinabove first written. LESSOR: LESSEE: KODIAK ISLAND BOROUGH FIRE PROTECTION AREA # 1 By: By: Its: Its: ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss: THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the day of , 2018, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared , to me known and known to me to be the of KODIAK ISLAND BOROUGH, the municipal corporation named in the foregoing Lease Agreement, and he acknowledged to me that he executed the foregoing Lease Agreement on behalf of said corporation for the uses and purposes therein stated. WITNESS my hand and notarial seal on the date and year in this certificate first above written. NOTARY PUBLIC in and for Alaska My commission expires: AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 39 of 167 Contract No. FY2018-32 STATE OF ALASKA ) ) ss: THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the day of , 2018 , before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared , to me known and known to me to be the of FIRE PROTECTION AREA #1, the Lessee named in the foregoing Lease Agreement, and he acknowledged to me that he executed the foregoing Lease Agreement on behalf of FIRE PROTECTION AREA #1 for the uses and purposes therein stated. WITNESS my hand and notarial seal on the date and year in this certificate first above written. NOTARY PUBLIC in and for Alaska My commission expires: AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 40 of 167 .-.-.-»—-»——-I>L»JIQ>—*®KO0O\IO\LII-&lJ-ll\)-—-U-ILA-IUJLAJla)U-)LAJLo-)UJUJl\)I\)I\)l\)I\)I\JI\lI\)|\)\Oo0\lO\Ln.$>LoJlQ>—-O\DoO\lO\Lh-l>La-I|u-—- lntroduced by:Planning And Zoning Commission Drafted by:CDD Introduced on:04/19/2018 Adopted on:04/19/2018 KODIAK ISLAND BOROUGH RESOLUTION NO.FY2018-33 A RESOLUTION OF THE ASSEMBLY OF THE KODIAKISLAND BOROUGH TO DISPOSE BY LEASE LOT 3A,BLOCK 5,MILLER POINT SUBDIVISION TO FIRE PROTECTION AREA NUMBER ONE (P &Z CASE NO.17-022) WHEREAS,the Kodiak Island Borough Resource Management Department has requested disposal by lease of Lot 3A,Block 5,Miller Point Subdivision;and WHEREAS,Kodiak Island Borough Code (KIBC)18.20.030 requires each proposed disposal of Borough land by lease to be reviewed by the Planning &Zoning Commission before submission to the Assembly;and WHEREAS,the Planning &Zoning Commission is required under KIBC 18.20.030 to make a recommendation to the Assembly by resolution regarding the proposed land disposal by lease; and WHEREAS,the principal purpose of the Planning &Zoning Commission review is to consider if the identi?ed land will be to the bene?t of the public if disposed of by lease to Fire Protection Area Number One (1);and WHEREAS,the parcel identified for disposal has been in use as a fire department for several decades;and WHEREAS,the Planning &Zoning Commission held public hearings on April 19,2017,July 19,2017,and March 21,2018 to consider this land disposal request;and WHEREAS,the Planning &Zoning Commission has found that,following review,it would be to the bene?t of the publicto dispose of the identi?ed parcel by lease to Fire Protection Area Number One (1). NOW,THEREFORE,BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that 40 41 42 43 44 45 46 Section 1:The Kodiak lsland Borough Assembly.in accordance with Title 18 of the Kodiak Island Borough Code,approves disposal by lease of Lot 3A,Block 5,Miller Point Subdivision. Section 2:The Kodiak Island Borough Planning &Zoning Commission,in accordance with Title 18 of the Kodiak Island Borough Code,has determined,after a public hearing Kodiak Island Borough,Alaska Resolution No.FY2018-33 Page 1 of 2 AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 41 of 167 on March 21,2018,that disposal by lease of the aforementioned property would be to the benefit of the public. Section 3:The aforementioned property shall be disposed of by lease to Fire Protection Area Number One. ADOPTED BY THE ASSEMBLY OF THE KODIAKISLAND BOROUGH THIS NINETEENTH DAY OF APRIL,2018. KODIAK ISLANDBOROUGH Daniel A.Rohrer,Mayor UNANIMOUS VOTES: Ayes:Crow,Kavanaugh,Schroeder,Skinner,Smiley,Symmons,Van Daele Kodiak Island Borough,Alaska Resolution No.FY2018-33 Page 2 of 2 AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 42 of 167 Q 91;’.-:1? AGREEMENTFOR TRANSFEROF SERVICE DISTRICTNO.1 WATER AND SEWER IMPROVEMENTS THIS AGREEMENTis made this m day of June,1996,between the Kodiak Island Borough,a second class borough of the State of Alaska,whose address is 710 Mill Bay Road,Kodiak,Alaska 99615,hereinafter"Borough,"and the City of Kodiak,a home rule city of the State of Alaska,whose address is Post Office Box 1397,Kodiak,Alaska 99615-1397, hereinafter"City." WHEREAS,the Kodiak Island Borough Assembly created Service DistrictNo.1 with the powers to providewater and sewer services by virtue of ResolutionsNo.78-18-—R,No. 78—35—R,and Ordinance No.78-06-0;and WHEREAS,Service District No.1 obtains water and sewer services by virtue of a connectionto the City's water and sewer lines,and WHEREAS,the Borough and the City have agreed that the City should assume the ownership,maintenance and operation of the existing water and sewer utilities in Service District No.1. NOW,THEREFORE,the parties agree as follows: 1.EffectiveDate.This agreement shall become effective upon completionof all of the following actions:(i)its approvalor rati?cationby ordinances duly adopted by both the Kodiak City Counciland the KodiakIslandBorough Assembly,and (ii)passageof an ordinance by the Borough Assembly withdrawing water and sewer powers from Service District No.1 and the approval of such ordinance at an election complying with the requirements of KIBC 4.05.060. Agreement for Transferof ServiceDistrict No.1 KodiakIsland Boroughlcityof Kodiak Page 1 of S AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 43 of 167 2.TransferofAssets.The Borough hereby assigns and transfers all of the capital assets of the Service DistrictNo.1 water and sewer system to the City,including all water and sewer lines,pump stations,generators,valves,manholesand equipment,including those as described in the as—builtdrawings for the system which shall be deliveredto the City upon the execution of this agreement.All equipment and parts manuals,operating and maintenance manuals and program documents,and all warranty informationand documents relating to the transferred facilities shall also be deliveredto the City at that time. 3.Ogeration and Maintenance.The City shall be solely responsiblefor the maintenance and operation of all water and sewer lines and equipment transferred to it pursuant to this agreement and the Borough shall have no authority with respect thereto and no duty or res- ponsibilitywhatsoever in connectiontherewith.If,at any time,it becomes necessary to repair, remove,replace,or relocate any of said lines or other equipment,the same shall be accomplished by the City without cost to the Borough. 4.Water and Sewer Services.The City shall supply water and sewer services to customers along the presentlyexisting lines within Service District No.1 or along any additional lines permittedby the City within the boundariesof Service District No.1 and shall bill and collect for such services as describedbelow. 5.Fund Balance.The entire fund balance from Service District No.1,which is approximately$690,000 shall be transferredto the City upon the effective date of this agreement. 6.Easement.The Borough grants to the City,within the presently existing public rights—of-way,public easements,and other public property within Service District No.1,a Agreement for ‘Duster of Service DistrictNo.1 Kodiak Ialud Borough/Cityof Kodiak l’a.ge2ofS AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 44 of 167 perpetualeasement for the use,operation,maintenance,repair,relocation,and reconstruction,of water and sewer services,lines and equipmentwithin the boundaries of Service District No.1. 7.Billings and Collections.The City shall bill each consumer of water or sewer services within Service District No.1 directly and shall be entitled to discontinue service or take such other actions against delinquent accounts as it deems appropriate in the same manner as it han- dles customers within the City of Kodiak.The previous water maintenance surcharge of $10 per month and the sewer maintenance surcharge of $12 per month are eliminated.A transition surcharge of $12 per month will be assessedagainst Service District No.1 accounts for up to three yearsafter the effective date of this agreement.The transition surcharge shall accrue solely to the benefit of the City and shall be discontinuedupon the earlier of the following:(i)three years having passed since the transition surcharge was first collected,or (ii)the total transition surcharges collected by the City plus the Service District No.1 fund balance transferred to the City equal $800,000 and a review conductedby the City of the costs of operating and maintain- ing the water and sewer system within Service District No.1 indicates to the City's reasonable satisfactionthat no part of the transitionsurcharge is neededin order to assure that revenues exceedexpenses.Such a review shall be initiatedas soon as practicableafter the $800,000 total has been reached.If the recommendationresulting from the review is that the transition sur- charge be continued,then the City shall establish a date for a further review which shall be selected so as to ensure,to the extent reasonably possible,that collection of the transition surcharge does not continuebeyond budget requirements.In no event,however,shall the City have any obligation to refund any transitionsurcharges collectedprior to the effective date of a resolution,ordinance,or other official action of the City Council recognizing that a transition Agreement for 'lhnsfer of ServiceDistrict No.1 KodiakIsland BoronghICityof Kodiak Page 3 of 5 AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 45 of 167 surcharge is no longer needed to assure a balancedbudget for operationsand maintenancewithin Service District No.1.Nothing in this agreement shall in any way affect the City's right to continue to collect the 20%differentialin water and sewer rates presentlycharged against water and sewer services deliveredto customers within Service DistrictNo.1,which differentialshall remain in effect independent of the transition surcharge,but the City agrees not to raise the differential above 20%of the rates in effect on the date of this agreement. 8.Future Improvements.The constructionof future improvements to or the expansion of the water and sewer system within Service District No.1 shall be at the sole discretion of the City and nothing in this agreement shall obligate the City to construct such improvements.It is the goal of the City to expand the water distributionand sewer collectionsystems in Service Area No.1 to serve developedproperties.Expansionof the system may also occur via the subdivision process.Funding for improvements may be from land owners,developers,system revenues or grants from local,state,or federal governments.All system improvements must be approvedby the City. 9.Development Fees.The current sewer and water development fees for both Service District No.1 and City residents shall be eliminatedas of the effective date of this agreement. All such development fees charged on or after October 12,1995 shall be forgiven or refunded. 10.Entire Agreement.This instrument contains the entire agreement between the parties concerning the subject matter hereof.There are merged herein all prior representations,promises, and conditions,whether oral or written,in connectionwith the subject matter.Any representa- tion,promise,or conditionnot incorporated herein shall not be binding upon the parties. Agreement for Ihnsfer of Service District No.1 Kodiak island Borough/Cityof Kodiak Page 4 of S AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 46 of 167 11.Severabil?.If any provision of this agreement shall be determined to be void, invalid,unenforceable,or illegal for any reason,the validity and enforceability of all the remaining provisions shall not be affected thereby.The agreement shall be construed in all respects as if such void,invalid,unenforceable,or illegal provisions were omitted. KODIAK ISLAND BOROUGH Donna F.Smith,‘BoroughClerk CITY OF KODIAK Date MarcellaH.Dalke,City Clerk Agreement for Thule!of ServiceDistrict No.1 Kodiakbland Borough/Cityof Kodiak Page 5 of S AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 47 of 167 AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 48 of 167 5682 III. IV. MINUTES OF THE REGULAR COUNCIL MEETING OF 'I‘HE CITY OF KODIAK HELD MARCH 14,1996 MEETING CALLED TO ORDER Mayor Floyd called the meeting to order at 7:30 p.m.Councihnembers Ballao, Colwell,Davidson,Hobgood,and Killeen were present and constituted a quorum. Councilmember Walters was absent. PREVIOUS MINUTES Councilmember Colwell MOVED,seconded by Councilmember Davidson,to ap- prove the minutes of the February 22 regular meeting which was rescheduled and held February 29. The roll call vote was Councilmembers Ballao,Colwell,Davidson,Hobgood,and Killeen in favor.Councilmember Walters was absent.The motion carried. AGENDA AMENDMENT Councilmember Ballao MOVED,seconded by Councilmember Hobgood,to amend the agenda by adding New Business item g,consideration of appointment to the Parks and Recreation Advisory Board. The roll call vote was Councilmembers Ballao,Colwell,Davidson,Hobgood,and Killeen in favor.Councilmember Walters was absent.The motion passed. PERSONS TO BE HEARD a.Planning and Zoning Commission No Commissioner was present. b.Public Comments None UNFINISHED BUSINESS ..RE: A thorizing the Execution of an Agreement withthe Kodiak Island Borough for Transfer to the City of Service District No.1 Water and Sewer Improvements Mayor Floyd read Ordinance Number 1023 by title.City Manger Jones said that in accordance with the recommendations of the joint City-Borough task force on Service District No.1 water and sewer utilities,the staffs of both bodies drafted an agreement to effectuate the transfer of ownership,operation,and maintenance of those utilities to the City.The services are currently provided through the AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 49 of 167 5683 March 14,1996 Borough by connection to the City utilities.The transfer would relieve the Borough of the responsibility for billing Service District customers and remitting payment to the City;and in streamlining the entire service delivery system,would reduce the cost to the Service District customers.Ordinance Number 1023 would approve the terms of an agreement for transfer of these utilities,and authorize the City Manager to execute the agreement.The Borough Assembly adopted its Ordinance Number 96-03 on February 15,to approve the agreement contingent on approval by the voters in Service District No.1 at a special election on May 21. Ordinance Number 1023 was passed in the first reading February 29. Councilmember Hobgood MOVED,seconded by Councihnember Colwell,to pass Ordinance Number 1023 in the second reading. Mayor Floyd closed the regular meeting and opened the public hearing. Laura DeCoeur asked the Council to consider changing paragraph 9 of the agreement which set October 12,1995,as the date from which service development fees would be refunded or forgiven.She said she and fourteen other people received building permits before that date,but didn't receive certi?cates of occupancy until after it.She felt it was unfair that she and others in her position should be assessed the fees even though they didn't live in the buildings until after October 12. Steve Hunt read a letter he had written to the City Manager regarding the same issue.He felt the issuance of a building permit was inappropriate as a triggering event for assessment of system development fees,and that the certi?cate of occu- pancy would be more appropriate. Wallace Fields felt it was unfair to charge what he viewed as exorbitant system development fees for a few years then to eliminate them completely. The City Clerk read a letter submitted by Ed Mahoney who felt the agreement was a step in the right direction,but felt the system development fees had been raised to unreasonable levels about two years earlier,and that October 12,1995, was the wrong date to set for forgiveness or refund of the fees.He urged the Council to move the cut—offdate back to inception of the fees. There being no further public testimony,the Mayor closed the public hearing and reopened the regular meeting. Councilmember Colwell,at the request of Mayor Floyd,gave some history of the agreement.She said the issue of water and sewer utility services in Service District No.1 had been a point of contention between the City and Borough for several years prior to the fall of 1995.The Borough Assembly was on the verge of adopting a resolution that would have seriously exacerbated the problem,but tabled it while a task force of City Councilmembers and Borough Assembly- members sought a solution to the problem.Although elimination of the service development fees was not foreseen at the beginning of that process,by the end of AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 50 of 167 5684 March 14,1996 it,elimination became a realistic option.The date was chosen as it was the date on which the Council and Assembly,meeting in a joint worksession,agreed in principal to the task force's recommendations.Councilmember Colwell also noted that if this agreement was not executed,the whole service district utility system would be back where it was before the task force,including all service development fees in full force. Scott Arndtz,Chairperson of the Service District No.1 Board,felt the agreement was a positive step.He said the Service Board was concerned with some perceived ambiguity in paragraph 7 regarding the elimination of the $12 per month tran- sition surcharge.He felt the wording might harm the chances of the agreement being rati?ed in the service district special election. City Manager Jones said the agreement had been drafted by the City Attorney, and reviewed by the Borough Attorney.The wording of that paragraph had been changed at the Borough's request,and the agreement had been approved by the Borough as worded.He said the City had no intention of collecting the transition surcharge once it became unnecessary. Scott Arndt reiterated his concern that service district voters would vote down the agreement if it was unclear.He felt the Council could change the wording and the Borough would follow. Councihnember Hobgood agreed with Mr.Amdt in wanting Service District No. 1 voters to get a clear,concise,and readable document.He asked the City Manager to comment on the transition fee and on the cut—offdate for fee refunds. City Manager Jones said the agreement clearly stated that the transition surcharge would end,at the latest,thirty—six months after it was begun.Itcould end earlier than that if,once it had brought the Service District N o.-1fund balance to $800,000,a review,promptly made,of the operating and maintenance costs for the service district utilities showed the fee was no longer necessary to assure that revenues exceeded expenses.Regarding the refund of service development fees, Mr.Jones noted they had been initiatedin 1989,and a full refund of all fees charged since that date would amountto about $770,000.He had researched the City Code and found no justi?cation for establishing any alternative to the October 12,1995,cut—off date for refund of the fees.Regardless of where the line was drawn,there would always be some people just on the other side of that line unless all fees were refunded. The roll call vote was Councilmembers Ballao,Colwell,Davidson,Hobgood,and Killeen in favor.Councilmember Walters was absent.The motion carried. NEW BUSINESS a.Resolution Number 09-96 RE:Accepting a COPS FAST Hiring Grant from the U.S.Department of Justice AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 51 of 167 AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 52 of 167 Wastewater Treatment Task Force Recommendations September 21,1995 1.The Kodiak Island Borough and the City of Kodiak will enter an agreement for transferring ownership of sewer/waterfacilities to the City of Kodiak.» 2.Upon completion of the agreement,the City of Kodiak will take over maintenance, operation,and improvements to all sewer/water facilities within Service-District 1. 3.City of Kodiak will take over monthly billing to all Service District 1 and City of Kodiak customers for water/sewer/garbage. 4.A transition surcharge of $12 per month will be charged to Service District 1 residents and be collected by the City of Kodiak.The $10 water maintenance surcharge is eliminated.Monthly sewer/water utility rates for City and Service District 1 residents,as well as Service District 1 surcharges,will be re-evaluated within 12 months and annually thereafter when costs for the wastewater treatment plant and sewer system operation and maintenance are known.It is the intent of all parties to reduce to elimination of the surcharge as soon as a balanced budget with no rate increase will allow,but not to exceed three years. 5.The twenty percent differential presently charged by the City of Kodiak to Service District 1 water and sewer bills will remain in effect and will be collected by the City of Kodiak. .6.Service District 1 will contribute $800,000.00 from its Sewer Funds fund balanceand. the transitionsurcharge to the City of Kodiak sewer program along with all identifiable and ‘-liabilities. 7.Sewer and water system developmentfees for Service District 1 and City residents will be reduced to zero dollars effective upon signed agreement.In the interim,development fees paid will be held in trust and be refunded once an agreement is executed,provided the agreement is executed within six months. 8.Ground breaking for the sewer plant will be postponed until additional legislative funding is known,approximately July,1996. AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 53 of 167 JOINT COUNCIL/ASSEMBLY WORKSESSION AGENDA September 26,1995 School District Conference Room City Presiding 7:30 p.m. Discussion Items 1.Minerals Management Service presentation on Lease Sale 149 (limited to 15 minutes) 2.WWTP Task Force recommendations AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 54 of 167 Introduced by:Mayor Selby Requested by:Assembly Drafted by:Borough Attorney & Borough Clerk Introduced:02/01/96 Public Hearing:02/15/96 Amended:02/15/96 Adopted:O2/15/96 KODIAK ISLAND BOROUGH ORDINANCENO.96-03 AN ORDINANCEPROVIDING FOR THE SUBMISSIONTO THE QUALIFIED VOTERS OF SERVICE DISTRICT NO.1,WITHIN THE KODIAKISLAND BOROUGH, THE QUESTION OF WITHDRAWINGWATER AND SEWER POWERS FROM SERVICE DISTRICT NO.1 AT A SPECIAL BY-MAIL ELECTIONIN AND FOR SERVICE DISTRICT NO.1,WITHIN THE KODIAK ISLAND BOROUGH, ON MAY 21,1996. AND TRANSFERRINGWATER AND SEWER IMPROVEMENTS TO THE CITY OF KODIAK WHEREAS,the Kodiak lsland Borough Assembly created Service District No.1, within the Kodiak Island Borough (KIB),with the powers to provide water and sewer services by virtue of Resolution No.78-18-R,Resolution No.78-35-R,and Ordinance No.78-O6-O;and WHEREAS,Service District No.1 is immediately adjacent to the boundaries of the City of Kodiak (City):and WHEREAS,Service District No.1 obtains water and sewer services by virtue of a connection to the City's water and sewer lines;and WHEREAS,the Borough and the City desire to enter into an agreement that the City should assume the ownership,maintenance and operation of the existing water and sewer utilities in Service District No.1;and WHEREAS,the cost of water and sewer services to the individual consumers within Service District No.1 should be reduced as a result of this agreement;and WHEREAS.this agreement is in the public interest and will provide a public benefit to all residents of the Borough and especially those residing within Service District No. 1;and WHEREAS,the entire service district is effected by this alteration;and WHEREAS,Alaska Statutes (AS)29.35.010(13)authorizes the Borough to enter into an agreement for cooperative administration of any function or power with another municipality;and Kodiak Inland Borough,Alaska Ordinance No.96-03 Page 1 of 3 AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 55 of 167 WHEREAS,Kodiak lsland Borough Code of Ordinances (KIBC)4.05.040 provides that the assembly shall initiate any action to alter a service area by introducing an ordinance effecting the proposed action;and WHEREAS,KIBC 4.05.060 provides that an ordinance altering a service area shall not be effective unless approved by a majority of the qualified voters voting on the question in each area affected by the ordinance; NOW.THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGHTHAT: Section 1 : ‘Section 2: Section 3: Section 4: Section 5: Kodiak island Borough.Alaska Section 4 of this ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances.The remaining sections of this ordinance are not of general application and shall not be codified. Agteement.The transfer of all of the capital assets -of the Service District No.1 water and sewer svstem to the City of Kodiak is hereby approved on the terms andconditions of the ’''Agreement of Transfer of‘ $e,r\r;i‘c1e.qrDistrictNo.1 Water.and Sewer Improvements"...The mayor is authorized to execute the agreement and all other documents required for the completion of this transfer. Water and sewer powers are withdrawn from Service District No.1. Amendment.Kodiak Island Borough Code of Ordinances 4.70.010 is amended by substitution to read as follows: Section 4.70.010 Creation and powers.Service district no.1 is established pursuant to Ordinance No.78-06-O and encompasses the area described in that ordinance.Road construction and maintenance powers shall be provided in service district no.1. Election.An election shall be held by mail pursuant to Kodiak Island Borough Code of Ordinance 7.70.010-030 and there shall be submitted to the duly qualified voters of Service District No.1 the following question: "Shall water and sewer powers be withdrawn from Service District No.1?" YES D No D Ordinance No.96-03 Page 2 of 3 AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 56 of 167 Section 6:A person who is qualified to vote in Service District No. 1 may vote in the election. Section 7:.The election date specified in Kodiak Island Borough Code of Ordinances 7.70.020 shall be May 21,1996. Section 8:Notice.Notice of the election shall be published not less than thirty (30) days prior to the election in the form and manner provided by Alaska Statutes 29.26.030 and Kodiak Island Borough Code of Ordinances Title 7. Section 9::Sections 3 and 4 of this ordinance shall become effective on the first day of July,1996,if a majority of the qualified voters cast their ballots in favor of the question.The remaining sections of this ordinance shall become effective upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTEENTH DAY OF FEBRUARY,1996 KODIAK ISLAND BOROUGH Gar L.Stev ns,PresidingOfficer ATTEST: L nna F.Smith,rough Clerk Kodiak Island Borough,Alaska 074500030 N°-9503 Fun 3 of 3 AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 57 of 167 AGREEMENT FOR TRANSFER OF SERVICE DISTRICT NO.1 WATER AND SEWER IMPROVEMENTS THIS AGREEMENT is made this :day of j___,1996,between the Kodiak Island Borough,a second class borough of the State of Alaska,whose address is 710 Mill Bay Road, Kodiak,Alaska 99615,hereinafter "Borough,"and the City of Kodiak,a home rule city of the State of Alaska,whose address is Post Office Box 1397,Kodiak,Alaska 99615-1397,hereinafter ll II WHEREAS,the Kodiak Island Borough Assemblycreated Service District No.1 with the powers to provide water and sewer services by virtue of Resolutions No.78-18-R,No.78-35-R,and Ordinance No.78-06-0;and WHEREAS,Service District No.1 obtains water and sewer services by virtue of a connection to the City's water and sewer lines,and WHEREAS,the Borough and the City have agreed that the City should assume the ownership, maintenanceand operation of the existing water and sewer utilities in Service District No.1. NOW,THEREFORE,the parties agree as follows: 1..This agreement shall becomeeffective upon completion of all of the following actions:(i)its approval or rati?cation by ordinances duly adopted by both the Kodiak City Council and the Kodiak Island Borough Assembly,and (ii)passage of an ordinance by the Borough Assembly withdrawing water and sewer powers from Service District No.1 and the approval of such ordinance at an election complying with the requirements of KIBC 4.05.060. 2..The Borough hereby assigns and transfers all of the capital assets of the Service District No.1 water and sewer system to the City,including all water and sewenlines, pump stations,generators,valves,manholesand equipment,including those as describedin the ' as-builtdrawings for the system which shall be de?verediotheCity upon the execution of this agreement."Allequipment and parts manuals,operating and maintenance manuals and program documents,and all warranty information and documents relating to the transferred facilities shall also be delivered to the City at that time. 3.The City shall be solely responsible for the maintenance and operationof all water and sewer lines and equipment transferred to it pursuant to this agreement and the Borough shall have no authority with respect thereto and no duty or responsibility whatsoever in connection therewith.If,at any time,it becomes necessary to repair,remove, replace,or relocate any of said lines or other equipment,the same shall be accomplished by the City without cost to the Borough. 4..The City shall supply water and sewer services to customers along the presently existing lines within Service District No.1 or along any additional lines permitted Agreement for Transfer of Service District No.I Kodiak Island Borough/City of Kodiak Page 4 of S AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 58 of 167 by the City within the boundariesof Service District No.1 and shall bill and collect for such services as described below. 5.Eund.Balance.The entire fund balance from Service District No.l,which is approximately $690,000 shall be transferred to the City upon the effective date of this agreement. 6.Easement.The Boroughgrants to the City,withinthe presently existing public rights-of—way, publiceasements,and other public property within Service District No.1,a perpetual easement for the use,operation,maintenance,repair,relocation,and reconstruction,of water and sewer services,lines and equipment within the boundaries of Service District No.1. 7.The City shall bill each consumer of water or sewer services within Service District No.1 directly and shall be entitled to discontinue service or take such other actions against delinquent accounts as it deems appropriate in the same manner as it handles customers within the City of Kodiak.The previous water maintenance surcharge of $10 per month and the sewer maintenance surcharge of $12 per month are eliminated.A transition surcharge of $12 per month will be assessedagainst Service District No.1 accounts for up to three years after the effectivedate of this agreement.The transitionsurcharge shall accrue solely to the bene?t of the City and shall be discontinued upon the earlier of the following:(i)three years having passed since the transition surcharge was first collected,or (ii)the total transition surcharges collected by the City plus the Service District No.1 fund balance transferred to the City equal $800,000 and a review conductedby the City of the costs of operating and maintaining the water and sewer system within Service District No.1 indicates to the City's reasonable satisfaction that no part of the transition surcharge is needed in order to assure that revenues exceedexpenses.Such a review shall be initiated as soon as practicableafter the $800,000 total has been reached.If the recommendationresulting from the review is that the transition surcharge be continued,then the City shall establish a date for a further review which shall be selectedso as to ensure,to the extent reasonablypossible,that collection of the transitionsurcharge does not continuebeyond budget requirements.In no event,however,shall the City have any obligation to refundany transitionsurchargescollectedprior to the effective date of a resolution,ordinance, or other of?cial action of the City Council recognizing that a transition surcharge is no longer needed to assure a balanced budget for operations and maintenance within Service District No. 1.Nothing in this agreement shall in any way affect the City's right to continue to collect the 20%differential in water and sewer rates presently charged against water and sewer services delivered to customers within Service District No.l,which differential shall remain in effect independentof the transitionsurcharge,but the City agrees not to raise the differential above 20% of the rates in effect on the date of this agreement. 8.m.The constructionof future improvements to or the expansion of the water and sewer system within ServiceDistrict No.1 shall be at the sole discretionof the City and nothing in this agreement shall obligate the City to construct such improvements.It is the goal of the City to expand the water distribution and sewer collection systems in Service Area No.1 to serve developed properties.Expansion of the system may also occur via the subdivision process.Funding for improvements may be from land owners,developers,system revenues or grants from local,state,or federal governments.All system improvements must be approved by the City. for Transfer of Service DistrictNo.l KodiakIsland Borougi/City of Kodiak Page 5 of 5 AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 59 of 167 9..The current sewer and water development fees for both Service District No.1 and City residents shall be eliminated as of the effective date of this agreement.All such development fees charged on or after October 12,1995 shall be forgiven or refunded. 10..This instrument contains the entire agreement between the parties concerning the subject matter hereof.There are merged herein all prior representations,promises, and conditions,whether oral or written,in connection with the subject matter.Any representa- tion,promise,or condition not incorporatedherein shall not be binding upon the parties. 11.If any provision of this agreement shall be determined to be void,invalid, unenforceable,or illegal for any reason,the validity and enforceabilityof all the remaining provisions shall not be affected thereby.The agreement shall be construed in all respects as if such void,invalid,unenforceable,or illegal provisions were omitted. KODIAK ISLAND BOROUGH Jerome M.Selby,Borough Mayor Date ATTEST: Donna F.Smith,Borough Clerk CITY OF KODIAK William D.Jones,City Manager Date ATTEST: Marcella I-I.Dalke,City Clerk Agvement for Transfer of Service DistrictNo.I KodiakIsland Borough/Cityof Kodiak Page 6 of 5 AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 60 of 167 0”?‘‘J $:nr\d'-H} L‘7.2‘<édeudow\1 [WPam 9/ us-«nunEo‘.\c\\V\j zciend Donovan Agsmiy nagging MOTION CARRIE Unanimous voice vote I.Ordinance No.B6-15-O Changing The Name of Uyek Drive To Selnonberzy Drive. AUSTERMAN, seconded by GREGG moved to adopt Ordinance no.86-15-O in first reading. Morton CAIRI Unsninous voice vote J.Ordinsnce No.86-16-0 Adopting Non Aresuide Powers To License,Impound And Dispose of Animals Outside of Rose Rule And Genus).Lev Cities. AUSTERHAI, seconded by IAUQITON moved to adopt Ordinance No.8646-0 in first reading. NAUGHTW, seconded by BLMIKENBURG moved to table to July meeting. VOTE 0!!bKJ’l.'IO!l TO TABLE Ayes:Nsuqhton.Auetezuen,Barker, Blsnkenburg,Greqqu White Hoes:None MOTION CARRIE Unanimous _,_.—j —.contract "E.;i¥.i.m.;o..‘3 moved to sword bid for Lake side _sub.iuptoveuente tomun:for s~1~;673.349’.9 seconded by NAUGHTON In response to questions you the asse?ly enswezed 'art”?-~3£==52.5 ._umu~,* 'I ‘pzoject.3*!‘ 1 VO'1'8®!KYl.'IOIl Ayes:Austeman,Barker, Blankenburg,Gregg, Nsuqhton,White Noel:None MOTION CARR!Unanimous voice vote 1..ResolutionNo.86-24-R supporting scallop llericultute Projects. mucaron. seconded by BARKER moved to adopt Resolution No.B6-24-O. Presiding Officer white requested thet en invitation be extended to the Oversees Fishery Development Cooperation Foundation of Jspen to visit Kodisk. HOEICI CARRIED Uneninous voice vote M.Resolution No.86-254 supporting Holding The 1986 sunset Su—it Meeting In Alaska And urging consideration 0!Kodiak As The Site or The ?eeting. I KIBS 80521 Micrclt §a £296 . ORDINANCE NO.86-14-O (continued) ORDINANCE NO.86-15-0 ORDINANCE ED.86-16-O BID AWARD LAKESIDE SUB . RESOLUTION NO .B6 -2 4-]! RESOLUTION NO.86-25-]! AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 61 of 167 AGENDA ITEM #12.A. Contract No. FY2018-32 Approving a 55-Year Lease to Fire Service Area 1.Page 62 of 167 AG E N D A I T E M # 1 2 . A . Co n t r a c t N o . F Y 2 0 1 8 - 3 2 A p p r o v i n g a 5 5 - Y e a r L e a s e t o F i r e S e r v i c e A r e a 1 . Pa g e 6 3 o f 1 6 7 AG E N D A I T E M # 1 2 . A . Co n t r a c t N o . F Y 2 0 1 8 - 3 2 A p p r o v i n g a 5 5 - Y e a r L e a s e t o F i r e S e r v i c e A r e a 1 . Pa g e 6 4 o f 1 6 7 AG E N D A I T E M # 1 2 . A . Co n t r a c t N o . F Y 2 0 1 8 - 3 2 A p p r o v i n g a 5 5 - Y e a r L e a s e t o F i r e S e r v i c e A r e a 1 . Pa g e 6 5 o f 1 6 7 AG E N D A I T E M # 1 2 . A . Co n t r a c t N o . F Y 2 0 1 8 - 3 2 A p p r o v i n g a 5 5 - Y e a r L e a s e t o F i r e S e r v i c e A r e a 1 . Pa g e 6 6 o f 1 6 7 AG E N D A I T E M # 1 2 . A . Co n t r a c t N o . F Y 2 0 1 8 - 3 2 A p p r o v i n g a 5 5 - Y e a r L e a s e t o F i r e S e r v i c e A r e a 1 . Pa g e 6 7 o f 1 6 7 AG E N D A I T E M # 1 2 . A . Co n t r a c t N o . F Y 2 0 1 8 - 3 2 A p p r o v i n g a 5 5 - Y e a r L e a s e t o F i r e S e r v i c e A r e a 1 . Pa g e 6 8 o f 1 6 7 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 1, 2018 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2019-05 Service Contract with the City of Kodiak for Building Permit Services ORIGINATOR: Michael Powers RECOMMENDATION: It is recommended that the Assembly approve Contract Agreement No. FY2019-05 between the Kodiak Island Borough and the City of Kodiak for the provision of building permit and inspection services. DISCUSSION: This contract was postponed from the September 20, 2018 regular meeting. The Kodiak Island Borough (Borough) has contracted with the City of Kodiak (City) for a number of years to provide building permit and inspection services. Most recently, direction was given to re-enter into an agreement. As part of those discussions, staff has modified the proposed agreement relative to prior agreements in two, significant ways,. First, the cost sharing has been split evenly (previously was based upon "usage" with the Borough using the services slightly more than the City) and second, to agree to fund the creation of standard plans for use by residents. The intent of creating standard plans for common projects is to reduce the expense of building by eliminating the need to hire an engineer for common projects. ALTERNATIVES: Alternatively, the borough could reject the contract, provide direction for changes in the contract or choose to provide its own building services. FISCAL IMPACT: Funds are budgeted for this service agreement. OTHER INFORMATION: AGENDA ITEM #12.B. Contract No. FY2019-05 Service Contract with the City of Kodiak for Buil...Page 69 of 167 Page 1 of 6 MEMORANDUM OF AGREEMENT Between KODIAK ISLAND BOROUGH and the CITY OF KODIAK for BUILDING INSPECTION PROGRAM On April 15, 1988, the Kodiak Island Borough and the City of Kodiak established a single program for the inspection of buildings within the jurisdiction of both governments. This memorandum of agreement (MOA) reestablishes the parameters of the shared building inspection program that serves the residents of both jurisdictions. Objectives 1. To provide for a single building inspection program for the City of Kodiak and the Kodiak Island Borough. 2. To ensure a consistent application of building regulations in the City of Kodiak and the Kodiak Island Borough. 3. To reduce the total cost of building inspection services in the Kodiak Island Borough and the City of Kodiak. 4. To provide an economical, efficient, and effective building inspection program for residents of the Kodiak Island Borough and the City of Kodiak. Points of Agreement 1. The Kodiak Island Borough (hereinafter “Borough”) hereby contracts with the City of Kodiak (hereinafter “City”) for building inspection services. Personnel aspects of the program are the responsibility of the City, and the building official and deputy building official shall be employees of the City. A. This service will include the following: (1) a full-time building official; (2) a full-time deputy building official; (3) typical functions associated with an operational building inspection program; (4) administration and enforcement of Borough Code Title 15, Buildings and Construction, including issuing permits, checking plans, performing field inspections, maintaining records of each permit, and maintaining statistical records; (5) records will be kept on each building permit and will include at a minimum, the following applicable information: building permit applications, approved plans and specifications; the as-built site plan; compaction report on engineered fills; and inspection reports on all inspections performed; and (6) issuance of a certificate of occupancy and/or final inspection report when construction, for which a permit was issued, is completed. The borough assessor shall be provided with a copy of all certificates of occupancy and/or final inspection reports on a monthly basis. B. The Borough will supply the office space for building inspection program. AGENDA ITEM #12.B. Contract No. FY2019-05 Service Contract with the City of Kodiak for Buil...Page 70 of 167 Page 2 of 6 C. The City will supply the vehicle for the building inspection program. D. Monthly and annual reports of building permit activities will be submitted on forms agreed upon by the Borough and the City Managers. 2. In all cases, the building official will be responsible for ensuring that all structures are in compliance with locally adopted codes. The Borough or the City may, on a case-by-case basis, request from the building official approval to use alternative personnel for ensuring that public construction projects meet adopted codes. The building official may deny approval for the use of alternative personnel based on the lack of appropriate qualifications of the personnel. All code compliance inspection reports or similar records generated for public construction projects shall become part of the building file maintained in the building inspection program office. If approval is granted by the building official for the use of alternative personnel, a permit fee will not be charged for the portion of the project inspected by the alternative personnel; however, the value of any portion of a public construction project inspected by alternative personnel will be included in the project owner’s portion of the permit value calculations for building inspection program operations. If building inspection program staff perform code compliance inspections for a public construction project, then the project will be charged the applicable building permit, electrical permit, or plumbing permit fees, and the project or portion of the project inspected will not be included in the permit value calculations for building inspection program operations. The cost of the building inspection program will be split equally between the City and the Borough. Payments by the Borough shall be made promptly upon billings submitted by the City. 3. The Borough Community Development Department will work with the City Department of Building Safety to ensure adherence to this MOA is implemented. This MOA is not intended to replace current day-to-day communications between staff, which are encouraged to continue. All policy issues, whether City, Borough, or joint, will be referred to the Borough Manager and City Manager for joint resolution. A. The MOA for zoning compliance is incorporated, in total, in this MOA and is labeled Appendix A. B. The MOA for the building fire safety inspection program for the Kodiak road system is incorporated, in total, in this MOA and is labeled Appendix B. 4. The Borough and the City shall review and revise their respective Building Codes and maintain identical regulations that include, but are not limited to, the following: A. Building Code; B. Electrical Code; C. Plumbing Code; D. Mechanical Code; E. Fuel Gas Code; F. Fire Code; G. Ordinances providing for fire safety review and approval of plans and specifications, and the enforcement of state fire statutes and regulations; I. Building Valuations; and J. Standard plans to address the common projects most often requiring engineering. AGENDA ITEM #12.B. Contract No. FY2019-05 Service Contract with the City of Kodiak for Buil...Page 71 of 167 Page 3 of 6 5. The Borough shall adopt an ordinance that requires the identification of lot corners in the field prior to commencement of construction. 6. Insurance A. The City shall provide liability insurance. Upon request the City shall provide the Borough with evidence of the insurance coverage in force. If the Borough should conclude that the insurance coverage obtained by the City is inadequate to protect its interest, the Borough shall give the City written notice of its concerns and shall request that the insurance coverage maintained by the city be broadened or increased in certain particulars. B. Any liability insurance policy obtained by either the City or the Borough shall contain a waiver of all subrogation claims against the other party. C. The Borough agrees to indemnify and hold the City harmless from any and all uninsured claims or damages arising out of actions or omissions of the staff of the building inspection program which are associated primarily with implementation of this agreement with respect to property lying outside of the City and the City agrees to indemnify and hold harmless the Borough from any and all uninsured claims or damages arising out of actions or omissions of the staff of the building inspection program which are associated primarily with implementation of this agreement with respect to property lying within the City. 7. The Borough and the City shall separately assume any legal costs associated with building inspection program enforcement within their respective jurisdictions. 8. It is the responsibility of the building inspection program staff to initiate Borough and City building and related code updates. All Borough and City code revisions that may affect the building inspection program shall be provided to the building official for review and comment. 9. Standard Plans-The City and the Borough will jointly develop and pay for engineering designs for small residential construction projects that are similar in nature that cannot be built prescriptively under the building code. Total annual cost shall not exceed $15,000 annually, to be split evenly between the parties. The Managers will work together to determine the plans to be developed. 10. This agreement may be terminated by either party upon ninety (90) days advance written notice to the other party. Term of Agreement This agreement shall remain in effect from the date of signing until June 30, 2023. Dated this day of , 2018 KODIAK ISLAND BOROUGH CITY OF KODIAK Michael Powers, Borough Manager Mike Tvenge, City Manager ATTEST:ATTEST: Nova Javier, Borough Clerk Debra Marlar, City Clerk AGENDA ITEM #12.B. Contract No. FY2019-05 Service Contract with the City of Kodiak for Buil...Page 72 of 167 Page 4 of 6 ZONING COMPLIANCE PROGRAM Appendix A of the Building Inspection Program MOA On March 1, 1984, the Kodiak Island Borough (Borough) and the City of Kodiak (City) established a coordinated procedure for the enforcement of zoning regulations within the city limits. This Appendix replaces the original Zoning Compliance MOA of 1984, and provides a procedure for the inspection of zoning requirements through the building inspection program. Objectives 1. To provide zoning compliance inspections in conjunction with building inspections as stated in the points of agreement. 2. To ensure a coordinated and consistent zoning compliance inspection program. 3. To provide a specific and acceptable process that defines the responsibilities of the Borough and the City for implementing zoning compliance inspections as a function of the building inspection program. Points of Agreement 1. No building permit will be issued without written zoning authorization from the Borough, except as may be otherwise provided for in the Borough Code. 2. Written zoning authorization by the Borough will be on a form provided by the Borough and printed in a format mutually agreed to by the City and the Borough. The format shall include at a minimum the following information: A. property corner markers with identification or other acceptable markers must be in place and available for verification of setback distances; and B. applicant acknowledgment that the information provided on the authorization is correct, and that the applicant agrees to comply with all ordinances and laws regulating zoning compliance. 3. The written zoning authorization will be specific in its identification of regulations that require compliance, including any approvals or conditions specified by the Borough Planning and Zoning Commission. 4. While conducting site inspections as part of the building inspection process, it will be the responsibility of the Department of Building Safety staff to note all violations of the written zoning authorization and to inform both the applicant and the Borough Community Development Department of any violations including, but not limited to, the following: a. setback requirements; b. height restrictions; c. off-street parking requirements and development standards; and d. permitted uses. 5. In cases of confusion or conflict between the applicant and the building inspection program staff over either the written zoning authorization or the imposition of specific zoning regulations, the issue will be brought to the Community Development Department for resolution. AGENDA ITEM #12.B. Contract No. FY2019-05 Service Contract with the City of Kodiak for Buil...Page 73 of 167 Page 5 of 6 6. In cases when there are violations of both the zoning and building codes, the Community Development Department and Building Inspection Program staff shall engage in joint signatures on violation letters and joint site inspections. AGENDA ITEM #12.B. Contract No. FY2019-05 Service Contract with the City of Kodiak for Buil...Page 74 of 167 Page 6 of 6 FIRE SAFETY INSPECTION PROGRAM Appendix B of the Building Inspection Program The Kodiak Island Borough and the City of Kodiak have established and will continue to operate, wish to establish a coordinated fire safety inspection program throughout each respective jurisdiction. Objective To enforce State fire safety laws as established in AS 18.70 and AS 18.72 and all regulations adopted pursuant to these statutes through a local fire safety program. Points of Agreement 1. It will be the responsibility of the City of Kodiak Fire Department to administer and enforce the requirements of the fire safety program on the contiguous Kodiak road system. 2. Additional inspections requested by the Borough will be scheduled in as timely a manner as possible by the City Fire Department. 3. The Borough shall be financially responsible for the fire safety inspection program outside the boundaries of the City. 4. This agreement will adhere to the requirements of the City of Kodiak’s deferment from the State of Alaska Fire Marshall and as outlined in AS 18.70 and 18.72 AGENDA ITEM #12.B. Contract No. FY2019-05 Service Contract with the City of Kodiak for Buil...Page 75 of 167 CONTRACT FY1997-24 EXISTING CONTRACT AGENDA ITEM #12.B. Contract No. FY2019-05 Service Contract with the City of Kodiak for Buil...Page 76 of 167 EXISTING CONTRACT AGENDA ITEM #12.B. Contract No. FY2019-05 Service Contract with the City of Kodiak for Buil...Page 77 of 167 EXISTING CONTRACT AGENDA ITEM #12.B. Contract No. FY2019-05 Service Contract with the City of Kodiak for Buil...Page 78 of 167 EXISTING CONTRACT AGENDA ITEM #12.B. Contract No. FY2019-05 Service Contract with the City of Kodiak for Buil...Page 79 of 167 EXISTING CONTRACT AGENDA ITEM #12.B. Contract No. FY2019-05 Service Contract with the City of Kodiak for Buil...Page 80 of 167 EXISTING CONTRACT AGENDA ITEM #12.B. Contract No. FY2019-05 Service Contract with the City of Kodiak for Buil...Page 81 of 167 EXISTING CONTRACT AGENDA ITEM #12.B. Contract No. FY2019-05 Service Contract with the City of Kodiak for Buil...Page 82 of 167 EXISTING CONTRACT AGENDA ITEM #12.B. Contract No. FY2019-05 Service Contract with the City of Kodiak for Buil...Page 83 of 167 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 1, 2018 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Election of the Deputy Presiding Officer. ORIGINATOR: Nova Javier RECOMMENDATION: Move to nominate _____________________ as Deputy Presiding Officer. DISCUSSION: These are some of the duties of the Deputy Presiding Officer (DPO). • Serves at the pleasure of the members • Preside as the chair in the absence of the mayor • Attends agenda setting • May be called upon to attend events in the absence of the mayor • Facilitate the evaluation of the Manager and Clerk ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: 2.30.040 Organization and deputy presiding officer. A. Organization. The assembly shall annually, at the November meeting, elect from its members a deputy presiding officer to serve at the assembly’s pleasure.B. Election of the deputy presiding officer of the assembly shall be in the following manner:1. As the first order of new business, nominations for deputy presiding officer shall be opened.2. Nominations may be made by any member of the assembly.3. At the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one other person, tally the ballots. The clerk shall announce the results.4. A majority vote of the assembly shall be required for election.5. If no majority is cast for any candidate, the candidate or candidates with the fewest ballots shall be dropped from the list of candidates until there are two remaining and balloting shall continue until one candidate is elected. In case of an ultimate tie vote of the assembly, the mayor may vote.C. Deputy Presiding Officer. The deputy presiding officer shall preside as the chair at assembly meetings in the absence of the mayor. If at any meeting the deputy presiding officer is not present, or is unable to act, the senior assembly member present shall preside as the chair. AS 29.20.160. Procedures of Governing Bodies.(a) The assembly shall elect from among its members a presiding officer and a deputy presiding officer to serve at the pleasure of the members, except that in a borough that has adopted a manager form of government under AS 29.20.460 - 29.20.510 the mayor serves as presiding officer. AGENDA ITEM #13.A.1. Election of the Deputy Presiding Officer.Page 84 of 167 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 1, 2018 ASSEMBLY WORK SESSION Kodiak Island Borough SUBJECT: Resolution No. FY2019-11 Adopting a State Legislative Capital Improvement Projects Priority List For the 2019 Legislative Session. ORIGINATOR: Meagan Christiansen RECOMMENDATION: Move to adopt Resolution No. FY2019-11. DISCUSSION: The attached State CIP list was initiated at the September 27 work session and has undergone revision based on that discussion. Further discussion occurred with visiting lobbyist Mark Hickey. The attached list is the proposed final list base on the two previous discussion. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.C.1. Resolution No. FY2019-11 Adopting a State Legislative Capital Improvemen...Page 85 of 167 Kodiak Island Borough, Alaska Resolution No. FY2019-11 Page 1 of 5 Introduced by: Borough Manager 1 Drafted by: Special Projects Support 2 Introduced on: 11/01/2018 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2019-11 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A 9 STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2019 10 LEGISLATIVE SESSION 11 12 WHEREAS, the Kodiak Island Borough represents nearly 14,000 residents of the Kodiak Island 13 Archipelago living in six incorporated cities and one community governed by a tribal council 14 government; and 15 16 WHEREAS, a Borough–wide capital improvement program has been adopted by the Kodiak 17 Island Borough Planning & Zoning Commission which identifies major needs of the island 18 community for the next five years; and 19 20 WHEREAS, the Kodiak Island Borough Assembly has reviewed the borough-wide capital 21 improvement program adopted by the Planning & Zoning Commission and identified major 22 projects to submit to the Alaska Governor and State Legislative Delegation for funding 23 consideration; and 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH THAT: 27 28 Section 1: The Kodiak Island Borough’s State Legislative capital improvement project priorities 29 for the 2019 legislative session are as follows: 30 31 1. Peterson Elementary School Roof Replacement and Repairs 32 Estimated Project Cost $3,282,467 33 Local Funding $985,000 34 State Funding Request $2,297,467 35 36 Peterson School was built in the early 1950’s and expanded in early 2000’s. This school has 37 served the families of the military base (Navy and then Coast Guard) and Kodiak’s Bells Flats 38 neighborhood residents. 39 40 The roof on the school is an EPDM/IRMA Ballasted and Protected Membrane Roof System 41 that is approximately twenty-five years old. The roof has been leaking, causing rot and 42 degradation of support elements, specifically the parapet walls, rooftop HVAC units and 43 associated ducting; repairs have been difficult to accomplish due to the type of the roof system 44 in place. Asbestos removal for the rain leader drains are also concerns and add cost for haz-45 CORRECTED VERSION FROM STAFF ON 10/29/2018 AGENDA ITEM #13.C.1. Resolution No. FY2019-11 Adopting a State Legislative Capital Improvemen...Page 86 of 167 Kodiak Island Borough, Alaska Resolution No. FY2019-11 Page 2 of 5 mat handling. This project is a priority item on the Borough’s school facility repair and 46 replacement list and has been submitted to DEED for consideration under the department’s 47 major maintenance program, but is unlikely to get funding in next few years given competing 48 projects already on the list and the minimal amount of annual funding provided. 49 50 2. East Elementary Traffic Flow Improvements 51 Estimated Project Cost $2,000,000 52 Local Funding 53 State Funding Request $2,000,000 54 55 There is a safety issue in the East Elementary School parking lot. The school was constructed 56 in 1966 with a substantial addition in 1988. The facility now totals 39,842 square feet with 57 twenty-five teaching stations. Since the expansion, increased traffic flows have created 58 dangerous vehicle/student hazards when students are entering and leaving school. 59 Reconfiguration of the parking area will reduce risks by providing for a safer separation of 60 pedestrians, small vehicle traffic and bus loading/unloading. The project will require an 61 increase in the total area of the parking lot by expanding into neighboring Borough-owned 62 land to allow adequate parking to support increased building usage and occupant load. 63 64 3. Drainage Improvements for Chiniak Highway and Sargent Creek Intersection 65 Estimated Project Cost $500,000 66 State Funding Request $500,000 67 68 This request is to provide funding to the DOT&PF Southcoast Region, Kodiak Island District 69 for the construction of improvements near the intersection of the Chiniak Highway and Sargent 70 Creek Road. These improvements will address flooding at the intersection that sometimes 71 makes it impassable. 72 73 Heavy rain events occurring in conjunction with high tide cause the intersection to flood the 74 only roadway in and out of Bells Flats subdivision. This flooding impedes safe travel and often 75 leaves motorists stranded and unable to reach homes or critical services located in town. 76 77 Proposed improvements along the Sargent Creek approach to the Chiniak Highway include 78 bank stabilization, armoring, and rechanneling as needed to keep the river in its channel. 79 Roadway improvements include a modification, essentially raising the entrance, of Sargent 80 Creek Road as it approaches the intersection with the Chiniak Highway to elevate it above 81 where flood water collects. 82 83 4. Safe Pathways to North Star Elementary School 84 Estimated Project Cost $1,500,000 85 Local Funding 86 State Funding Request $1,500,000 87 88 Northstar Elementary School is located on a hill amongst several residential neighborhoods. 89 Many roads connecting the neighborhoods around the school are narrow, steep, and winding 90 dirt roads without sidewalks or separated pathways to keep pedestrians safe from vehicular 91 traffic. The Kodiak Safe Routes to Schools Plan (2013) describes a need for separated 92 AGENDA ITEM #13.C.1. Resolution No. FY2019-11 Adopting a State Legislative Capital Improvemen...Page 87 of 167 Kodiak Island Borough, Alaska Resolution No. FY2019-11 Page 3 of 5 pathways or trails to connect the residential neighborhoods to the school. This project would 93 provide separated soft surface pedestrian pathways along Lily Drive and Anton Way. 94 95 5. Self-Activated School Crosswalk Warning Systems 96 Automated Crosswalks for Safe Pedestrian Access to Kodiak Schools 97 Estimated Project Cost $1,300,000 98 State Funding Request $1,300,000 99 100 Poor visibility of crosswalks in school zones is a safety hazard! Local weather and traffic 101 degrade the paint on crosswalks; and pedestrians waiting to cross are often difficult to see 102 due to the long season of dark days, inclement weather, and busy traffic at busy intersections 103 near schools. 104 105 Rezanof Drive is a state owned roadway and is the main road through the City of Kodiak. 106 Pedestrians needing to cross this road to access schools that include Kodiak Middle School, 107 Main Elementary School, East Elementary School and Kodiak College must wait for a break 108 in traffic or for motorists to notice their intent to cross and stop to allow the crossing. The 109 Kodiak Island Borough is requesting funding for AKDOT to purchase and install self -activated 110 (push button) crosswalk warning systems at the intersections of Rezanof Drive and Powell 111 Street, and Rezanof Drive and Benny Benson Street to increase pedestrian safety near 112 schools located along Rezanof Drive. 113 114 115 6. Service Area Road Improvements and Paving 116 Estimated Project Cost $5,000,000 117 Local Funding 118 State Funding Request $5,000,000 119 120 This project addresses the on-going need to improve portions of Borough Service Area roads. 121 There are approximately 26 miles of road among four Road Service Areas that connect 122 residential neighborhoods with the greater Kodiak community. Paving projects will address 123 main thoroughfares or busy neighborhood roads. Improvements to major drainage courses, 124 installation of guard rails, and other identified road improvement needs may also be addressed 125 with this funding. 126 127 The two larger local road services areas, Road Service Area No. 1, serving an area north of 128 the City of Kodiak, and Women’s Bay Service Area will share the funding amongst priorities 129 that have been determined by the road service area boards. Local contributions to road 130 improvements may be funded through local improvement districts where those in the district 131 are taxed a proportion of the project cost. 132 133 134 7. Anton Larsen Bay Road Extension to Ice Free Water 135 Estimated Project Cost $8,450,000 136 Funding Acquired 450,000 137 State Funding Request $8,000,000 138 139 An extension of the Anton Larsen Bay Road to ice free waters will provide year around access 140 to communities located in the Kupreanof Strait as well as those who use the island’s west side 141 AGENDA ITEM #13.C.1. Resolution No. FY2019-11 Adopting a State Legislative Capital Improvemen...Page 88 of 167 Kodiak Island Borough, Alaska Resolution No. FY2019-11 Page 4 of 5 for commercial and recreational purposes. Many times during the year travel by vessel to and 142 from Kodiak is treacherous. Extending the road to ice free waters makes traveling safer, and 143 provides safer access to critical services located in the City of Kodiak including hospitals and 144 businesses. This route was identified in the Kodiak Transportation Plan as an important 145 upland facility. 146 147 The Ouzinkie Native Corporation subsidiary, Spruce Island Development Corporation 148 (SIDCO) received a $450,000 legislative grant for planning and design to construct two miles 149 of gravel road extending the Anton Larsen Road and to construct a parking area and boat 150 launch ramp at the road’s termination, a beach near Crag Point. 151 152 Funding is requested to the Department of Transportation and Public Facilities for construction 153 of this road as it is an extension of an existing state roadway. The land owner, Ouzinkie Native 154 Corporation, has agreed to donate ownership of the road right-of-way to the State when 155 construction funding is obtained. 156 157 Language provided by Duncan Fields on behalf of Spruce Island Development Corp: 158 159 An extension of the Anton Larsen Bay Road will be a public road of approximately 2.2 160 miles to ice free waters just outside Anton Larsen Bay. The project will include a boat 161 launching ramp. The road will provide year around road access to Kodiak for residents 162 of Port Lions, Ouzinkie and much of the west side of Kodiak Island and all of Afognak 163 Island without having to travel around Spruce Cape. Year-around travel by vessel to 164 Kodiak around Spruce Cape is treacherous and extending the Anton Larsen Bay road 165 makes winter traveling safer and provides access to critical services located in the City 166 of Kodiak – including hospitals and businesses. The road extension will support existing 167 commercial operations in Marmot Bay such as Kodiak Electrical Association’s Hydro-168 Electric plant, Koniag, Inc.’s rock quarry and Kodiak Regional Aquaculture Association’s 169 Kitoi hatchery. 170 171 Moreover, an extended road will enhance summer and winter recreational opportunities 172 and activities for all Kodiak residents. The Anton Larsen Bay road extension is 173 envisioned as a project undertaken by the Native Village of Ouzinkie or the Spruce 174 Island Develop Corporation. It will be built on a road right-of-way donated by the 175 Ouzinkie Native Corporation and Koniag, Inc. The road extension is also in the Sun’aq 176 Tribe of Kodiak’s road inventory. Maintenance of the extension is expected to be by one 177 or both tribal entities. The route is identified in the Kodiak Transportation Plan as in 178 important upland facility. An environmental assessment is expected to be completed in 179 the summer of 2019. Funding will be from State and/or Federal funds. Cost of the project 180 is estimated at $8,500,000. 181 182 183 8. VFW Rifle Range Reconstruction 184 Per Michael, KISA isn’t working on the Monashka range and tabled any work on the Salonie 185 Creek Range 186 Estimated Project Cost $150,000 187 Local Funding 188 State Funding Request 189 190 The existing outdoor rifle range is closed because it is unsafe to property owners adjacent to 191 the facility. Bullets are known to have left the range creating off-site dangers. The solution to 192 this danger is to properly develop the area into a bone-a-fide 100-yard range. The group that 193 operates the range, the Kodiak Island Sportsmen Association, has enlisted the help of a range 194 AGENDA ITEM #13.C.1. Resolution No. FY2019-11 Adopting a State Legislative Capital Improvemen...Page 89 of 167 Kodiak Island Borough, Alaska Resolution No. FY2019-11 Page 5 of 5 consultant that evaluated the existing range and made design suggestions to make it available 195 to the shooting public. Design aspects include the proper grading of the area, creation of two 196 backstops, realignment of the backstop, expansion of the width of the range, installation of a 197 baffle system and lead abatement. The continued closure of this range has led to a number 198 of unsafe bandit ranges along the road system that are not regulated, cause a public nuisance 199 and are in dangerous locations. 200 201 202 9. Mill Bay Beach Access and Recreation Upgrade 203 Estimated Project Cost $500,000 204 Local Funding 205 State Funding Request 206 207 This beach site is heavily used by residents and visitors who come to recreate in a variety of 208 ways at this bay located close to town. Time, tide and use have eroded safe access to the 209 two stretches of beach at this site. New construction items proposed here include new stairs 210 and walkways and trail enhancements between the two beaches, as well as a small raft/kayak 211 launch. 212 213 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our State 214 of Alaska Governor and Legislative Delegation of the Capital Improvement Projects Priority List 215 adopted by the Kodiak Island Borough Assembly. 216 217 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 218 THIS __________ DAY OF _______________, 2018. 219 220 KODIAK ISLAND BOROUGH ATTEST: 221 222 223 ___________________________ ___________________________ 224 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 225 226 VOTES: 227 Ayes: 228 Noes: 229 230 231 232 AGENDA ITEM #13.C.1. Resolution No. FY2019-11 Adopting a State Legislative Capital Improvemen...Page 90 of 167 DR A F T MEMORANDUM Date: March 30, 2011 To: Bud Cassidy, Kodiak Island Borough Community Development From: Joshua Cross, P.E. Subject: Scope of Work – Island Lake Trail, Mill Bay Access PROJECT OUTCOME Prepare construction and permitting documents for the construction of beach access at Mill Bay in Kodiak, Alaska. This project is part of the Island Lake Trail Upgrade project. SCOPE OF WORK The services described in this scope of work will be performed in accordance with the Borough’s Professional Services Agreement with Lounsbury & Associates, Inc. for Civil Engineering Consulting and Related Services. The proposed scope of work will consist of the following tasks: Task 1 – Surveying and Mapping Lounsbury will perform topographic surveys of the existing Mill Bay Beach recreation area seaward from Rezanof Drive, including the existing parking lot and beach access. We will research the record and prepare a plan of survey. We will mobilize a two- person crew to Kodiak from Anchorage. Survey and Mapping efforts will include: • Locating physical features - Locate and map physical features, natural or man- made, that could affect the design of the project. • Locating geotechnical borings - Locate and map geotechnical bore holes. • Locating Existing Utilities - Locate and map all existing improvements and utilities (above and underground) within the typical survey limits. These limits shall be extended as necessary to match the DTM limits. Overhead utility wire crossings shall be located at the existing and proposed centerlines; elevations for these points shall be the wire elevation. For below-grade structures, the frame top and pipe invert shall be recorded. Underground utilities shall be located according to information provided by the Locate Call Center (278-3121). • DTM Data - By conventional ground survey, define the existing ground surface by creating a Digital Terrain Model (DTM) sufficient to generate contours of two foot intervals. AGENDA ITEM #13.C.1. Resolution No. FY2019-11 Adopting a State Legislative Capital Improvemen...Page 91 of 167 DR A F T Island Lake Trail Upgrade – Mill Bay Beach Access Kodiak Island Borough Scope of Work p. 2 • Legal Boundaries - Lounsbury will recover and tie sufficient boundary control to show the parcel boundaries per the plat(s) of record. Vertical datum will be assumed on site. • Existing Conditions Survey drawing – Lounsbury will prepare a drawing showing the parcel boundaries, roadways, driveways, parking areas, bluff, beach and any improvements within the survey limits. Task 2 – Geotechnical Investigation Northern Geotechnical (NGE-TFT) will provide all geotechnical services to support the design of a beach access. The following tasks will be performed as geotechnical services: Task 2a. Field Explorations - Approximately four test pits are proposed to be excavated along the face of the existing slope leading up to the parking area from the beach. The test pit locations will correspond with potential sites for the proposed pedestrian ramp and at least one test pit will be located along the alignment of the existing kayak/raft launch (Figure 1). The test pits will be extended to a maximum depth of approximately 10 feet bgs, or to the bedrock surface (whichever is encountered first). A representative of NGE-TFT will be onsite to select the test pit locations and collect appropriate samples for laboratory analysis. Soil samples collected during the excavation activities will be sealed in air-tight bags (to preserve the natural moisture content of the samples), labeled accordingly, and returned to our lab for further identification and testing. The test pits will be subsequently backfilled with the excavated spoils. Task 2b. Laboratory Testing - All of the samples obtained in the field will be returned to the lab for further identification and testing. The soil samples will be tested for index properties and frost classification as appropriate. The index property tests may include moisture content, particle size distribution, and organic content. Frost classification testing will be performed on soils that may affect the performance of paved areas at the site. The numbers of each test may be altered depending on the materials encountered. Task 2c. Geotechnical Report - A geotechnical report will be prepared which will present the data collected in the field; including graphical test pit logs depicting the subsurface conditions encountered at each test pit. The report will also include the results of the laboratory analyses, as well as engineering recommendations for future foundations and pavement sections based on the lab results and observations made in the field. Deliverables Geotechnical Report – One copy as PDF and one paper copy. AGENDA ITEM #13.C.1. Resolution No. FY2019-11 Adopting a State Legislative Capital Improvemen...Page 92 of 167 DR A F T Island Lake Trail Upgrade – Mill Bay Beach Access Kodiak Island Borough Scope of Work p. 3 Task 3 – Permitting Solstice Consulting will provide permitting services to support the construction of a beach access. Lounsbury will provide engineering support for permitting tasks. The following will be performed as Permitting services: Task 3a. Intertidal Assessment - Solstice will travel to Kodiak for one day to complete a field assessment of the project area. Work will involve documenting intertidal species (invertebrates and algae) present, substrate characteristics, and any degradation of the area. While in Kodiak, Solstice will discuss the project and potential mitigation options with project officials. It is possible that meetings with agencies will occur while in Kodiak to determine the importance of the site. Solstice will draft a short memorandum documenting the findings from the field. The memo will focus on the ecological functions and human values of the proposed project area. Task 3b. Permit Application Preparation - Solstice will prepare the following permit applications and environmental consultations: • U.S. Army Corps of Engineers’ Wetlands Permit-for work below Ordinary High Water • Alaska Department of Natural Resources’ Alaska Coastal Management Program Coastal Project Questionnaire and Enforceable Policies Consistency Determination • National Oceanic and Atmospheric Administration (NOAA) Fisheries Essential Fish Habitat Consultation • State Historic Preservation Office Consultation • Endangered Species Act (ESA) Consultation with NOAA Fisheries and U.S. Fish and Wildlife Service In addition, Solstice will informally discuss the project with regulatory agencies to determine whether other permits and environmental authorizations are needed, including a State Tidelands Lease. A project description using information provided by Lounsbury will be written to meet the needs and requirements of the permit applications. Task 3c. Agency Follow up - Agency questions and additional information needs will be addressed as needed. Once permits are issued, a permit commitments memorandum will be drafted to clearly advise the contractor of the permit stipulations. Deliverables Field Visit Findings Memorandum – one copy as PDF Permit Applications – copies as required by the Borough and Permitting Agencies Permit Commitments Memorandum – one copy as PDF AGENDA ITEM #13.C.1. Resolution No. FY2019-11 Adopting a State Legislative Capital Improvemen...Page 93 of 167 DR A F T Island Lake Trail Upgrade – Mill Bay Beach Access Kodiak Island Borough Scope of Work p. 4 Task 4 – Design Study/Memorandum Lounsbury will prepare a design memorandum summarizing design evaluations, preliminary costs, and recommendations. The following alternatives will be evaluated: • Beach Access – Stairs • Beach Access – Ramp • Raft/Kayak Access – Ramp A draft design memorandum will be submitted for Borough review and comment. Comments will be incorporated into a final design memorandum. Deliverables Draft design memorandum – one copy as PDF Compilation of comments and responses – one electronic copy as PDF Final design memorandum – one electronic copy as PDF, and one paper copy Task 5 – Plans, Specifications, and Engineering Estimates (PS&E) Based on acceptance of the Design Memorandum, Lounsbury will prepare plans, specifications, and estimates for the selected alternative. The following will be completed as PS&E tasks: Task 5a. Draft PS&E package – Preliminary plans, specifications, and engineer’s estimate of the selected alternative will be submitted to Kodiak Island Borough for review and comment. Lounsbury will prepare plans depicting the proposed location of the access on the project site, locations of known features, existing topography, locations of physical improvements, existing access, and construction details. Lounsbury will prepare specifications pertaining to the construction of the proposed access. Applicable permitting documents will be included as appendices. Final plans will be signed and sealed by the Registered Professional Engineer of record. Lounsbury will prepare engineer’s estimates for Kodiak Island Borough’s use. Task 5b. Final PS&E package – Comments on the Draft PS&E package will be incorporated into a final PS&E package. The final PS&E package will be submitted to the Kodiak Island Borough for bidding and construction purposes. Deliverables Draft PS&E package – one electronic copy as PDF for Borough review and comment. Compilation of comments and responses – one electronic copy as PDF Final PS&E package – one electronic copy as PDF, and one paper copy: plans as 22x34, unbound specifications as 8.5x11, and estimate as 8.5x11 AGENDA ITEM #13.C.1. Resolution No. FY2019-11 Adopting a State Legislative Capital Improvemen...Page 94 of 167 DR A F T Island Lake Trail Upgrade – Mill Bay Beach Access Kodiak Island Borough Scope of Work p. 5 Task 6 – Bidding and Construction Support Lounsbury will assist the Borough during bidding and construction of the proposed access. The assistance shall be performed by personnel that were in responsible charge during the planning and design phases of the project. Lounsbury will assist the Borough in providing clarification of the bid documents, identifying work or materials that do not satisfy the requirements of the construction documents and resolving construction problems as they arise. Deliverables Bid Clarification – format as required Construction Support – format as required Submittal review – format as required Task 7 – Construction Inspections Lounsbury will perform an inspection of the completed project. Additional inspections will be performed at the Borough’s request. If requested to perform additional inspections, Lounsbury will submit a separate scope of services and fee estimate for Construction Inspection Services. ITEMS PROVIDED BY KODIAK ISLAND BOROUGH Existing Information The Borough will provide available maps, schematics, existing permits, and land records. These items will be used to develop project related maps, engineering plans, and permit exhibits. Surveying and Mapping If Lounsbury is not authorized to perform Task 1 - Surveying and Mapping, the Borough will provide all survey documentation and electronic mapping necessary to complete Tasks 2 through 5. Survey documentation includes copies of field notes, electronic data, and a survey control sheet printed on a 22x34 sheet signed and sealed by a licensed professional surveyor. Electronic mapping will include a drawing file (or files) with the survey control sheet, base map, and a surface model. Drawings will be provided in Autodesk 2009 Civil 3D format with .dwg file extensions. The electronic map will clearly depict those items described in Task 1. Permitting The Borough will provide additional documentation necessary for completing permit applications. Additional documentation includes items not readily available or prepared by Lounsbury but required by local, state and federal regulations. Permits and/or permit packages will be signed and submitted by the Borough. AGENDA ITEM #13.C.1. Resolution No. FY2019-11 Adopting a State Legislative Capital Improvemen...Page 95 of 167 DR A F T Island Lake Trail Upgrade – Mill Bay Beach Access Kodiak Island Borough Scope of Work p. 6 Reviews The Borough will review draft plans, specifications, and estimates. Comments will be provided in Microsoft Word format. Right of Entry The Borough will obtain written authorization for entry on all parcels as required for survey activities COMPENSATION Billing Group Task Estimated Fee Cumulative Total 1 Surveying and Mapping $10,859 $ 10,859 2 Geotechnical Investigation $6,314 $ 17,173 3 Permitting $10,710 $ 27,883 4 Design Memorandum $8,140 $ 36,023 5a Pre PS&E $15,813 $ 51,835 5b Final PS&E $4,975 $ 56,810 6 Bidding Assistance $660 $ 57,470 7 Construction Assistance $4,500 $ 61,970 This estimate assumes the PS&E tasks (5a and 5b) will design a pedestrian and raft/kayak access. Based on the outcome of the Design Memorandum task, Lounsbury will revise the estimated PS&E compensation. Lounsbury will complete all tasks on a Time and Materials Basis. Estimated hours related to each task are attached. Receipts pertaining to travel, lodging, vehicle rental, and other directly related expenses will be submitted for compensation. Surveying and Mapping fees assume a single mobilization and demobilization fee for this and other projects. These fees may increase if Lounsbury is not authorized to perform surveying tasks for the other projects. AGENDA ITEM #13.C.1. Resolution No. FY2019-11 Adopting a State Legislative Capital Improvemen...Page 96 of 167 DR A F T FEE PROPOSAL - ENGINEERING PROJECT: Island Lake Trail Upgrade - Mill Bay Access CLIENT: Kodiak Island Borough Date: 30-Mar-11 Estimator: J. Cross Revision: PROJECT COST SUMMARY: Basic Svcs Addl Svcs Combined Task Total Total Total PUBLIC & AGENCY INVOLVEMENT $0 $0 $0 1 SURVEYING & MAPPING $10,859 $0 $10,859 2 GEOTECHNICAL INVESTIGATION $6,314 $0 $6,314 HYDROLOGIC AND HYDRAULIC ENGINEERING $0 $0 $0 3 PERMITTING $10,710 $0 $10,710 HISTORICAL AND ARCHEOLOGICAL INVESTIGATION $0 $0 $0 4 DESIGN STUDY REPORT / MEMORANDUM $8,140 $0 $8,140 RIGHT-OF-WAY ACQUISITION $0 $0 $0 5a DRAFT PS&E $15,813 $0 $15,813 5b FINAL PS&E $4,975 $0 $4,975 3/30/2011 Mill_Bay_Access_Estimate_KIB.02.xlsx; Summary 1 of 17 Lounsbury Associates, Inc. Surveyors Engineers Planners BID CHECK SET $0 $0 $0 6 BIDDING ASSISTANCE $0 $660 $660 7 CONSTUCTION ASSISTANCE $0 $4,500 $4,500 TOTAL BASIC SERVICES:$56,810 TOTAL ADDITIONAL SERVICES:$5,160 TOTAL CONTRACT AMOUNT:$61,970 3/30/2011 Mill_Bay_Access_Estimate_KIB.02.xlsx; Summary 1 of 17 Lounsbury Associates, Inc. Surveyors Engineers Planners AGENDA ITEM #13.C.1. Resolution No. FY2019-11 Adopting a State Legislative Capital Improvemen...Page 97 of 167 DR A F T FEE PROPOSAL - Design Surveying PROJECT: Island Lake Trail Upgrade - Mill Bay Access CLIENT: Kodiak Island Borough Date:30-Mar-11 Estimator: J. Cross Estimated Time By Classification (Hrs) Revision: Current Hourly Rates are Shown Below PR PM PLS PC2 (OT) ST3 2 MC 2 MC (OT) COU Code Description / Activity $165.00 $125.00 $125.00 $110.00 $85.00 $190.00 $230.00 $45.00 165 125 125 90 85 190 190 45 Total Hrs Basic Svcs Addl Svcs SURVEYING & MAPPING per line Sub-Task Task Total Task Total 2005 Survey Administration $1,420 Planning/Coordination 4 4 $660 Mobilization 4 4 $760 Supervision 2010 Horizontal Control $760 Research Search & Traverse 4 4 $760 Stake Baseline Stations Set Alcaps Note Reduction Data Entry - Module Dump Draft Survey Control Sheet Draft Survey Control Sheet Check & Certify 2010 Vertical Control $380 Research Benchmark Loop 2 2 $380 Set TBM's Check & Certify 2010 Aerial Photo Control $0 $0 Research/Planning Search & Traverse Stake Baseline Stations Photo ID Points Note Reduction Data Entry - Module Dump Draft Survey Sheets Check & Certify 2030 Boundary Survey - Basic Srv $0 $0 Title Reports Research Review Title Reports 3/30/2011 Mill_Bay_Access_Estimate_KIB.02.xlsx; Survey 2 of 17 Lounsbury Associates, Inc. Surveyors Engineers Planners AG E N D A I T E M # 1 3 . C . 1 . Re s o l u t i o n N o . F Y 2 0 1 9 - 1 1 A d o p t i n g a S t a t e L e g i s l a t i v e C a p i t a l I m p r o v e m e n . . . Pa g e 9 8 o f 1 6 7 DR A F T FEE PROPOSAL - Design Surveying PROJECT: Island Lake Trail Upgrade - Mill Bay Access CLIENT: Kodiak Island Borough Date:30-Mar-11 Estimator: J. Cross Estimated Time By Classification (Hrs) Revision: Current Hourly Rates are Shown Below PR PM PLS PC2 (OT) ST3 2 MC 2 MC (OT) COU Code Description / Activity $165.00 $125.00 $125.00 $110.00 $85.00 $190.00 $230.00 $45.00 165 125 125 90 85 190 190 45 Total Hrs Basic Svcs Addl Svcs SURVEYING & MAPPING per line Sub-Task Task Total Task Total 2030 Boundary Survey - Add'l Srv $1,490 Research 2 2 $170 Search & Traverse 4 4 $760 Note Reduction 2 2 $220 Draft Survey Sheets 4 4 $340 Check & Certify Preliminary ROW Mapping Preliminary ROW Map 2040 Topographic Survey $5,200 Research/Support Improvements 4 4 $760 Sections 4 6 10 $2,140 Tthl Testholes Utility Dips Locates Note Reduction 2 2 4 $390 Data Entry - Module Dump 2 2 $220 Draft Topography Survey 16 16 $1,360 Check & Certify 2 2 $330 n/a Record of Survey n/a Final ROW Map n/a Parcel Maps n/a TCE & TCP $0 n/a Platting ROW Acquisition support $0 TCP’s/easements Plat w/vacation & variance Total Hours 6 0 0 6 24 22 6 0 64 $9,250 Basic Services SUBTOTAL:$9,250 Additional Services SUBTOTAL:$0 3/30/2011 Mill_Bay_Access_Estimate_KIB.02.xlsx; Survey 3 of 17 Lounsbury Associates, Inc. Surveyors Engineers Planners AG E N D A I T E M # 1 3 . C . 1 . Re s o l u t i o n N o . F Y 2 0 1 9 - 1 1 A d o p t i n g a S t a t e L e g i s l a t i v e C a p i t a l I m p r o v e m e n . . . Pa g e 9 9 o f 1 6 7 DR A F T FEE PROPOSAL - Design Surveying PROJECT: Island Lake Trail Upgrade - Mill Bay Access CLIENT: Kodiak Island Borough Date:30-Mar-11 Estimator: J. Cross Estimated Time By Classification (Hrs) Revision: Current Hourly Rates are Shown Below PR PM PLS PC2 (OT) ST3 2 MC 2 MC (OT) COU Code Description / Activity $165.00 $125.00 $125.00 $110.00 $85.00 $190.00 $230.00 $45.00 165 125 125 90 85 190 190 45 Total Hrs Basic Svcs Addl Svcs SURVEYING & MAPPING per line Sub-Task Task Total Task Total Basic Svcs Additional Svcs Subconsultant Services 10%10% Orthophoto $0 $0 $0 $0 Aerial Mapping $0 $0 $0 $0 Basic Services SUBTOTAL:$0 $Additional Services SUBTOTAL:$0 Additional Fees (Assumes survey of Chiniak School Well site and Panamaroff Culvert site) Airfare (2 flex tickets divided by 3)$0 $0 $404 Excess Baggage $0 $0 $200 Vehicle $0 $0 $375 Room $0 $0 $350 Board $0 $0 $280 Basic Services SUBTOTAL:$1,609 Additional Services SUBTOTAL:$0 SURVEYING & MAPPING Totals: Basic Services $10,859 Additional Services $0 3/30/2011 Mill_Bay_Access_Estimate_KIB.02.xlsx; Survey 4 of 17 Lounsbury Associates, Inc. Surveyors Engineers Planners AG E N D A I T E M # 1 3 . C . 1 . Re s o l u t i o n N o . F Y 2 0 1 9 - 1 1 A d o p t i n g a S t a t e L e g i s l a t i v e C a p i t a l I m p r o v e m e n . . . Pa g e 1 0 0 o f 1 6 7 DR A F T FEE PROPOSAL - Geotechnical Report PROJECT: Island Lake Trail Upgrade - Mill Bay Access CLIENT: Kodiak Island Borough Date: 30-Mar-11 Estimator: J. Cross Estimated Time By Classification (Hrs) Revision: Current Hourly Rates are Shown Below PR PM PE2 CE2 CE1 CT1 AA COU Code Description / Activity $165.00 $125.00 $110.00 $90.00 $80.00 $55.00 $55.00 $45.00 165 125 110 90 80 55 55 45 Total Hrs Basic Svcs Addl Svcs GEOTECHNICAL INVESTIGATION per line Sub-Task Task Total Task Total 4005 Engineering Admin $0 $0 Monthly Reports/Logs/Etc. Research 4007 Geotechnical -Toilsome/Glen Alps $0 Planning/Coordination Review Findings Prepare ACAD Graphics 4007 Geotechnical - Canyon $0 $0 Planning/Coordination Review Findings Prepare ACAD Graphics 4007 Phase I Enviro Site Assm't $0 $0 Planning/Coordination Review Findings Prepare ACAD Graphicspp 4100 Report Preparation $0 Draft (2) Final (2) Total Hours 0 000000 0 $0 Basic Services SUBTOTAL:$0 Additional Services SUBTOTAL:$0 Basic Svcs Additional Svcs Subconsultant Services 10%10% Northern Geotechnical - Terra Firma Testing - Attached $6,314 $631 $0 $6,945 $0 $0 Basic Services SUBTOTAL:$6,945 Additional Services SUBTOTAL:$0 Additional Fees Copy/Printing/Graphic Supplies/Film Aerial Photos Basic Services SUBTOTAL:$0 Additional Services SUBTOTAL:$0 GEOTECHNICAL INVESTIGATION Totals: Basic Services $6,945 Additional Services $0 3/30/2011 Mill_Bay_Access_Estimate_KIB.02.xlsx; GEO 5 of 17 Lounsbury Associates, Inc. Surveyors Engineers Planners AG E N D A I T E M # 1 3 . C . 1 . Re s o l u t i o n N o . F Y 2 0 1 9 - 1 1 A d o p t i n g a S t a t e L e g i s l a t i v e C a p i t a l I m p r o v e m e n . . . Pa g e 1 0 1 o f 1 6 7 DR A F T FEE PROPOSAL - Environmental Engineering PROJECT: Island Lake Trail Upgrade - Mill Bay Access CLIENT: Kodiak Island Borough Date: 30-Mar-11 Estimator: J. Cross Estimated Time By Classification (Hrs) Revision: Current Hourly Rates are Shown Below PR PM PE2 CE2 CE1 CT1 AA COU Code Description / Activity $165.00 $125.00 $110.00 $90.00 $80.00 $55.00 $55.00 $45.00 165 125 110 90 80 55 55 45 Total Hrs Basic Svcs Addl Svcs PERMITTING per line Sub-Task Task Total Task Total 4005 Engineering Admin 1 1 $110 $110 Monthly Reports/Logs/Etc. Research 4121 SWPPP / ESCP $0 4300 Permit Applications $220 Alaska DEC Aalaska DOT&PF Alaska DF&G SHPO NOAA Alaska DNR Prepare ACAD Graphics 1 2 3 $220 4310 USACE Permit $110 Planning/Coordination Planning/Coordination Review Findings Prepare ACAD Graphics 2 2 $110 Total Hours 0 02004006 $440 Basic Services SUBTOTAL:$440 Additional Services SUBTOTAL:$0 Basic Svcs Additional Svcs Subconsultant Services 10%10% Solstice Alaska Consulting - Attached $9,336 $934 $0 $10,270 $0 $0 $0 $0 $0 Basic Services SUBTOTAL:$10,270 Additional Services SUBTOTAL:$0 Additional Fees Copy/Printing Basic Services SUBTOTAL:$0 Additional Services SUBTOTAL:$0 PERMITTING Totals: Basic Services $10,710 Additional Services $0 3/30/2011 Mill_Bay_Access_Estimate_KIB.02.xlsx; ENVIRO 6 of 17 Lounsbury Associates, Inc. Surveyors Engineers Planners AG E N D A I T E M # 1 3 . C . 1 . Re s o l u t i o n N o . F Y 2 0 1 9 - 1 1 A d o p t i n g a S t a t e L e g i s l a t i v e C a p i t a l I m p r o v e m e n . . . Pa g e 1 0 2 o f 1 6 7 DR A F T FEE PROPOSAL - Reconnaissance Engineering Study PROJECT: Island Lake Trail Upgrade - Mill Bay Access CLIENT: Kodiak Island Borough Date: 30-Mar-11 Estimator: J. Cross Estimated Time By Classification (Hrs) Revision: Current Hourly Rates are Shown Below PR PM PE2 CE2 CE1 CT1 AA COU Code Description / Activity $165.00 $125.00 $110.00 $90.00 $80.00 $55.00 $55.00 $45.00 165 125 110 90 80 55 55 45 Total Hrs Basic Svcs Addl Svcs DESIGN STUDY REPORT / MEMORANDUM per line Sub-Task Task Total Task Total 4005 Engineering Admin $0 Monthly Reports/Logs/Etc. Progress Meetings Research Asbuilt Collection 4007 Geotechnical $110 Summarize Geotechnical Study 1 1 $110 4030 Hydrology/Drainage $0 Summarize Hydrology Study 4040 Street/Highway Design $3,1904040Street/Highway Design $3,190 Develop Design Criteria 1 1 $110 Design Waivers Existing Conditions 2 4 6 $440 Documentation/Photos Typical Section Alt's Structural Spec's DCM/Title 21 Analysis Main Alignment Alt's 8 16 24 $1,760 Line & Grade Refinement Computer Design 8 8 $880 Right-of-Way/Easements Secondary Alignments Sidestreets Intersections Access/Driveways Parking Lot Entrance Traffic Calming $0 Develop Alternatives Coordination with Stakeholders Details 3/30/2011 Mill_Bay_Access_Estimate_KIB.02.xlsx; DSR 7 of 17 Lounsbury Associates, Inc. Surveyors Engineers Planners AG E N D A I T E M # 1 3 . C . 1 . Re s o l u t i o n N o . F Y 2 0 1 9 - 1 1 A d o p t i n g a S t a t e L e g i s l a t i v e C a p i t a l I m p r o v e m e n . . . Pa g e 1 0 3 o f 1 6 7 DR A F T FEE PROPOSAL - Reconnaissance Engineering Study PROJECT: Island Lake Trail Upgrade - Mill Bay Access CLIENT: Kodiak Island Borough Date: 30-Mar-11 Estimator: J. Cross Estimated Time By Classification (Hrs) Revision: Current Hourly Rates are Shown Below PR PM PE2 CE2 CE1 CT1 AA COU Code Description / Activity $165.00 $125.00 $110.00 $90.00 $80.00 $55.00 $55.00 $45.00 165 125 110 90 80 55 55 45 Total Hrs Basic Svcs Addl Svcs DESIGN STUDY REPORT / MEMORANDUM per line Sub-Task Task Total Task Total Traffic Analysis $0 Gather Volume Data MOA/DOT Volume Data Traffic Counting Compile Trip Gen./Distr. Data Computer Models AMATS Coordination Peak Hour Volumes Review Previous Analysis Analysis/Recommmendations Narrative/Graphics Intersection Analysis $0 Unsignalized Intersection Eiti C diti Existing Conditions Develop Alternatives Turning Templates Capacity Analysis/Recmd'ns Narrative/Graphics Sign Inventory $0 4045 Utilities $0 Research Well and Septic Records Utility As-Builts Permit Collection/Analysis Graphics Utility Conflict Report Details/Conflicts 4100 Study/Memorandum Preparation $4,840 Quantity Estimates 4 4 $440 Cost Estimates 4 4 $440 Draft Memo 24 24 $2,640 Respond to Comments 4 4 $440 Final Memo 8 8 $880 3/30/2011 Mill_Bay_Access_Estimate_KIB.02.xlsx; DSR 8 of 17 Lounsbury Associates, Inc. Surveyors Engineers Planners AG E N D A I T E M # 1 3 . C . 1 . Re s o l u t i o n N o . F Y 2 0 1 9 - 1 1 A d o p t i n g a S t a t e L e g i s l a t i v e C a p i t a l I m p r o v e m e n . . . Pa g e 1 0 4 o f 1 6 7 DR A F T FEE PROPOSAL - Reconnaissance Engineering Study PROJECT: Island Lake Trail Upgrade - Mill Bay Access CLIENT: Kodiak Island Borough Date: 30-Mar-11 Estimator: J. Cross Estimated Time By Classification (Hrs) Revision: Current Hourly Rates are Shown Below PR PM PE2 CE2 CE1 CT1 AA COU Code Description / Activity $165.00 $125.00 $110.00 $90.00 $80.00 $55.00 $55.00 $45.00 165 125 110 90 80 55 55 45 Total Hrs Basic Svcs Addl Svcs DESIGN STUDY REPORT / MEMORANDUM per line Sub-Task Task Total Task Total ADD: 4300 Title Reports $250 ea.$0 ADEC Predesign Mtg Eval. & Coord. BMP's 4400 Agency Coordination $0 BLM ADEC DNR MOA ADOT&PF 4410 Utility Coordination Water & Sewer $0 Electric Telephone Cable TV Cable TV Gas Total Hours 0 0 64 0 0 20 0 0 84 $8,140 Basic Services SUBTOTAL:$8,140 Additional Services SUBTOTAL:$0 Basic Svcs Additional Svcs Subconsultant Services 10%10% $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Basic Services SUBTOTAL:$0 Additional Services SUBTOTAL:$0 Additional Fees Copy/Printing Basic Services SUBTOTAL:$0 Additional Services SUBTOTAL:$0 DESIGN STUDY REPORT / MEMORANDUM Totals: Basic Services $8,140 Additional Services $0 3/30/2011 Mill_Bay_Access_Estimate_KIB.02.xlsx; DSR 9 of 17 Lounsbury Associates, Inc. Surveyors Engineers Planners AG E N D A I T E M # 1 3 . C . 1 . Re s o l u t i o n N o . F Y 2 0 1 9 - 1 1 A d o p t i n g a S t a t e L e g i s l a t i v e C a p i t a l I m p r o v e m e n . . . Pa g e 1 0 5 o f 1 6 7 DR A F T FEE PROPOSAL - Final Plans, Specifications & Estimate PROJECT: Island Lake Trail Upgrade - Mill Bay Access CLIENT: Kodiak Island Borough Date: 30-Mar-11 Estimator: J. Cross Estimated Time By Classification (Hrs) Revision: Current Hourly Rates are Shown Below PR PM PE3 PE2 PE1 CE2 CT1 PL2 Code Description / Activity $165.00 $125.00 $125.00 $110.00 $100.00 $90.00 $55.00 $100.00 165 125 125 110 100 90 55 100 Total Hrs Basic Svcs Addl Svcs DRAFT PS&E per line Sub-Task Task Total Task Total Monthly Reports/Logs/Etc.1 1 $110 2010 Survey Control Diagram $0 $0 Control Diagram See Survey Estimate 4010 Water Supply $0 $0 Plans & Profiles Plans & Profiles Details 4020 Sanitary Sewer $0 $0 Plans & Profiles Details 4030 Storm Drain $0 $0 Plans & Profiles Details 4030 Water Quality $0 $0 Plan View Drawings Details 3/30/2011 Mill_Bay_Access_Estimate_KIB.02.xlsx; Pre PS&E 10 of 17 Lounsbury Associates, Inc. Surveyors Engineers Planners AG E N D A I T E M # 1 3 . C . 1 . Re s o l u t i o n N o . F Y 2 0 1 9 - 1 1 A d o p t i n g a S t a t e L e g i s l a t i v e C a p i t a l I m p r o v e m e n . . . Pa g e 1 0 6 o f 1 6 7 DR A F T FEE PROPOSAL - Final Plans, Specifications & Estimate PROJECT: Island Lake Trail Upgrade - Mill Bay Access CLIENT: Kodiak Island Borough Date: 30-Mar-11 Estimator: J. Cross Estimated Time By Classification (Hrs) Revision: Current Hourly Rates are Shown Below PR PM PE3 PE2 PE1 CE2 CT1 PL2 Code Description / Activity $165.00 $125.00 $125.00 $110.00 $100.00 $90.00 $55.00 $100.00 165 125 125 110 100 90 55 100 Total Hrs Basic Svcs Addl Svcs DRAFT PS&E per line Sub-Task Task Total Task Total 4040 Streets $10,533 Cover 0.5 0.5 $28 Key Map/Legend 1 1 $55 Demolition/Removal Plans 1 4 5 $330 Typical Sections Details 24 40 64 $4,840 Plan & Profile Drawings Road Pathway(s) - ADA Ramp 12 24 36 $2,640 Driveways - Boat Ramp 12 24 36 $2,640 Traffic Signing Stripingpg Illumination Traffic Calming Alternative Design Details 4400 Agency Coordination $0 BIA ADEC DNR MOA ADOT&PF Landscaping $0 Electrical ROW Acquisition support $0 See ROW Acquisition 3/30/2011 Mill_Bay_Access_Estimate_KIB.02.xlsx; Pre PS&E 11 of 17 Lounsbury Associates, Inc. Surveyors Engineers Planners AG E N D A I T E M # 1 3 . C . 1 . Re s o l u t i o n N o . F Y 2 0 1 9 - 1 1 A d o p t i n g a S t a t e L e g i s l a t i v e C a p i t a l I m p r o v e m e n . . . Pa g e 1 0 7 o f 1 6 7 DR A F T FEE PROPOSAL - Final Plans, Specifications & Estimate PROJECT: Island Lake Trail Upgrade - Mill Bay Access CLIENT: Kodiak Island Borough Date: 30-Mar-11 Estimator: J. Cross Estimated Time By Classification (Hrs) Revision: Current Hourly Rates are Shown Below PR PM PE3 PE2 PE1 CE2 CT1 PL2 Code Description / Activity $165.00 $125.00 $125.00 $110.00 $100.00 $90.00 $55.00 $100.00 165 125 125 110 100 90 55 100 Total Hrs Basic Svcs Addl Svcs DRAFT PS&E per line Sub-Task Task Total Task Total 4200 Specifications/Contract 40 40 $4,400 $5,280 4210 Quantity/Cost Estimates 8 8 $880 Design Hours Subtotal 0 0 0 98 0 0 94 0 192 $15,923 4400 Agency Agreements See Environmental Permitting $0 ADEC Corps of Engineers BIA Utility Agreements Natural Gas Phone/Cable Electric Water Water Sewer Total Hours 0 0 0 98 0 0 94 0 192 $15,923 Basic Services SUBTOTAL:$15,813 Additional Services SUBTOTAL:$0 Basic Svcs Additional Svcs Subconsultant Services 10%10% $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Basic Services SUBTOTAL:$0 Additional Services SUBTOTAL:$0 Additional Fees Copy/Printing $1,000 Basic Services SUBTOTAL:$0 Additional Services SUBTOTAL:$0 DRAFT PS&E Totals: Basic Services $15,813 Additional Services $0 3/30/2011 Mill_Bay_Access_Estimate_KIB.02.xlsx; Pre PS&E 12 of 17 Lounsbury Associates, Inc. Surveyors Engineers Planners AG E N D A I T E M # 1 3 . C . 1 . Re s o l u t i o n N o . F Y 2 0 1 9 - 1 1 A d o p t i n g a S t a t e L e g i s l a t i v e C a p i t a l I m p r o v e m e n . . . Pa g e 1 0 8 o f 1 6 7 DR A F T FEE PROPOSAL - Final Plans, Specifications & Estimate PROJECT: Island Lake Trail Upgrade - Mill Bay Access CLIENT: Kodiak Island Borough Date: 30-Mar-11 Estimator: J. Cross Estimated Time By Classification (Hrs) Revision: Current Hourly Rates are Shown Below PR PM PE3 PE2 PE1 CE2 CT2 PL2 Code Description / Activity $165.00 $125.00 $125.00 $110.00 $100.00 $90.00 $70.00 $100.00 165 125 125 110 100 90 70 100 Total Hrs Basic Svcs Addl Svcs FINAL PS&E per line Sub-Task Task Total Task Total Monthly Reports/Logs/Etc.1 1 $125 2010 Survey Control Diagram $0 $0 Control Diagram 4010 Water Supply $0 $0 Plans & Profiles Plans & Profiles Details 4020 Sanitary Sewer $0 $0 Plans & Profiles Details 4030 Storm Drain $0 $0 Plans & Profiles Details 4030 Water Quality $0 $0 Plan View Drawings Details 3/30/2011 Mill_Bay_Access_Estimate_KIB.02.xlsx; Final PS&E 13 of 17 Lounsbury Associates, Inc. Surveyors Engineers Planners AG E N D A I T E M # 1 3 . C . 1 . Re s o l u t i o n N o . F Y 2 0 1 9 - 1 1 A d o p t i n g a S t a t e L e g i s l a t i v e C a p i t a l I m p r o v e m e n . . . Pa g e 1 0 9 o f 1 6 7 DR A F T FEE PROPOSAL - Final Plans, Specifications & Estimate PROJECT: Island Lake Trail Upgrade - Mill Bay Access CLIENT: Kodiak Island Borough Date: 30-Mar-11 Estimator: J. Cross Estimated Time By Classification (Hrs) Revision: Current Hourly Rates are Shown Below PR PM PE3 PE2 PE1 CE2 CT2 PL2 Code Description / Activity $165.00 $125.00 $125.00 $110.00 $100.00 $90.00 $70.00 $100.00 165 125 125 110 100 90 70 100 Total Hrs Basic Svcs Addl Svcs FINAL PS&E per line Sub-Task Task Total Task Total 4040 Streets $2,775 Cover Key Map/Legend Demolition/Removal Plans 0.5 2 2.5 $195 Typical Sections Details 4 6 10 $860 Plan & Profile Drawings Road Pathway(s) - ADA Ramp 4 6 10 $860 Driveways - Boat Ramp 4 6 10 $860 Pathway(s) - Plan & Profile Traffic Signing Stripingpg Illumination Traffic Calming Alternative Design Details 4400 Agency Coordination $0 BIA ADEC DNR MOA (address comments) ADOT&PF Landscaping $0 $0 Electrical ROW Acquisition support $0 $0 See ROW Acquisition 3/30/2011 Mill_Bay_Access_Estimate_KIB.02.xlsx; Final PS&E 14 of 17 Lounsbury Associates, Inc. Surveyors Engineers Planners AG E N D A I T E M # 1 3 . C . 1 . Re s o l u t i o n N o . F Y 2 0 1 9 - 1 1 A d o p t i n g a S t a t e L e g i s l a t i v e C a p i t a l I m p r o v e m e n . . . Pa g e 1 1 0 o f 1 6 7 DR A F T FEE PROPOSAL - Final Plans, Specifications & Estimate PROJECT: Island Lake Trail Upgrade - Mill Bay Access CLIENT: Kodiak Island Borough Date: 30-Mar-11 Estimator: J. Cross Estimated Time By Classification (Hrs) Revision: Current Hourly Rates are Shown Below PR PM PE3 PE2 PE1 CE2 CT2 PL2 Code Description / Activity $165.00 $125.00 $125.00 $110.00 $100.00 $90.00 $70.00 $100.00 165 125 125 110 100 90 70 100 Total Hrs Basic Svcs Addl Svcs FINAL PS&E per line Sub-Task Task Total Task Total 4200 Specifications/Contract 16 16 $1,760 $2,200 4210 Quantity/Cost Estimates 4 4 $440 Design Hours Subtotal 54 $0 4400 Agency Agreements $0 ADEC Corps of Engineers BIA Utility Agreements Natural Gas Phone/Cable Electric Water Water Sewer Total Hours 0 0 1 33 0 0 20 0 54 $5,100 Basic Services SUBTOTAL:$4,975 Additional Services SUBTOTAL:$0 Basic Svcs Additional Svcs Subconsultant Services 10%10% $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Basic Services SUBTOTAL:$0 Additional Services SUBTOTAL:$0 Additional Fees Copy/Printing Basic Services SUBTOTAL:$0 Additional Services SUBTOTAL:$0 FINAL PS&E Totals: Basic Services $4,975 Additional Services $0 3/30/2011 Mill_Bay_Access_Estimate_KIB.02.xlsx; Final PS&E 15 of 17 Lounsbury Associates, Inc. Surveyors Engineers Planners AG E N D A I T E M # 1 3 . C . 1 . Re s o l u t i o n N o . F Y 2 0 1 9 - 1 1 A d o p t i n g a S t a t e L e g i s l a t i v e C a p i t a l I m p r o v e m e n . . . Pa g e 1 1 1 o f 1 6 7 DR A F T FEE PROPOSAL - BIDDING ASSISTANCE PROJECT: Island Lake Trail Upgrade - Mill Bay Access CLIENT: Kodiak Island Borough Date: 30-Mar-11 Estimator: J. Cross Estimated Time By Classification (Hrs) Revision: Current Hourly Rates are Shown Below PR PM PE3 PE2 PE1 CE2 CT1 PL2 Code Description / Activity $165.00 $125.00 $125.00 $110.00 $100.00 $90.00 $55.00 $100.00 165 125 125 110 100 90 55 100 Total Hrs Basic Svcs Addl Svcs BIDDING ASSISTANCE per line Sub-Task Task Total Task Total 5005 Bidding Admin.$440 Attend Pre-Bid Conference Prepare Addenda 4 4 $440 Attend Bid Openning Review Bid Tabs 2 2 $220 $220 Total Hours 000600 06$660 Basic Services SUBTOTAL:$0Basic Services SUBTOTAL:$0 Additional Services SUBTOTAL:$660 Basic Svcs Additional Svcs Subconsultant Services 10%10% $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Basic Services SUBTOTAL:$0 Additional Services SUBTOTAL:$0 Additional Fees Basic Services SUBTOTAL:$0 Additional Services SUBTOTAL:$0 BIDDING ASSISTANCE Totals: Basic Services $0 Additional Services $660 3/30/2011 Mill_Bay_Access_Estimate_KIB.02.xlsx; Bid Assistance 16 of 17 Lounsbury Associates, Inc. Surveyors Engineers Planners AG E N D A I T E M # 1 3 . C . 1 . Re s o l u t i o n N o . F Y 2 0 1 9 - 1 1 A d o p t i n g a S t a t e L e g i s l a t i v e C a p i t a l I m p r o v e m e n . . . Pa g e 1 1 2 o f 1 6 7 DR A F T FEE PROPOSAL - CONSTRUCTION SERVICES PROJECT: Island Lake Trail Upgrade - Mill Bay Access CLIENT: Kodiak Island Borough Date: 30-Mar-11 Estimator: J. Cross Estimated Time By Classification (Hrs) Revision: Current Hourly Rates are Shown Below PR PM PE3 PE2 PE1 CE2 CT1 COU Code Description / Activity $165.00 $125.00 $125.00 $110.00 $100.00 $90.00 $0.00 $45.00 165 125 125 110 100 90 55 45 Total Hrs Basic Svcs Addl Svcs CONSTUCTION ASSISTANCE per line Sub-Task Task Total Task Total 5005 Construction Consultation 20 20 $2,200 $2,200 (Support KIB and contractor during construction) 5020 Road/Drainage Const 5030 Utility Const 5040 Progress Certification Total Hours 0 0 0 20 0 0 0 20 $2,200 Basic Services SUBTOTAL:$0 Additional Services SUBTOTAL:$2,200 Basic Svcs POST CONSTRUCTION Sub-Task Task Total Task TotalPOST CONSTRUCTION Sub Task Task Total Task Total 5080 Project Close Out 10 10 $1,100 $1,100 5090 As-Builts 4 4 $440 $440 0 0 0 14 0 0 0 14 $1,540 Basic Services SUBTOTAL:$0 Additional Services SUBTOTAL:$1,540 Basic Svcs Additional Svcs Subconsultant Services 10%10% $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Basic Services SUBTOTAL:$0 Additional Services SUBTOTAL:$0 Additional Fees Copy/Printing/Film Travel (travel, food and lodging, vehicle rental) $760 (design Engineer travel to kodiak and two days of inspection) Basic Services SUBTOTAL:$0 Additional Services SUBTOTAL:$760 CONSTUCTION ASSISTANCE Totals: Basic Services $0 Additional Services $4,500 3/30/2011 Mill_Bay_Access_Estimate_KIB.02.xlsx; Const Assistance 17 of 17 Lounsbury Associates, Inc. Surveyors Engineers Planners AG E N D A I T E M # 1 3 . C . 1 . Re s o l u t i o n N o . F Y 2 0 1 9 - 1 1 A d o p t i n g a S t a t e L e g i s l a t i v e C a p i t a l I m p r o v e m e n . . . Pa g e 1 1 3 o f 1 6 7 DR A F T February 22, 2011 Proposal 11-29 Lounsbury & Associates, Inc. 5300 A Street Anchorage, Alaska 99518 Attn: Josh Cross, P.E. RE: COST PROPOSAL TO CONDUCT GEOTECHNICAL EXPLORATIONS AT THE MILL BAY BEACH ACCESS SITE, KODIAK, ALASKA Josh, Per your request, Northern Geotechnical Engineering, Inc. d.b.a. Terra Firma Testing (NGE-TFT) is pleased to present this cost proposal to conduct geotechnical explorations at the above referenced site. The site is located along the east side of E. Rezanof Drive in Kodiak, Alaska (Figure 1). The site consists of a vehicle pullout and day use parking area with an unimproved kayak/raft launch ramp which leads down to the beach. The parking area sits approximately 12-15 feet above the beach and the ground surface slopes moderately down towards the beach. Bedrock outcrops adjacent to the site are visible in aerial photography of the Mill Bay area, and shallow bedrock likely underlies the site. Proposed improvements to the site include improvements to the existing kayak/raft launch ramp and/or the construction of an ADA accessible ramp and/or staircase which would lead from the parking area to the beach. Improvements to the kayak/raft launch ramp are envisioned to consist of pre-formed concrete slabs placed adjacent to one another along the existing launch ramp alignment. The location of the proposed pedestrian ramp/stairs is currently uncertain. Scope of Work The proposed work is divided into three tasks described below: • Task 1 – Field Explorations. Approximately four test pits are proposed to be excavated along the face of the existing slope leading up to the parking area from the beach. The test pit locations will correspond with potential sites for the AGENDA ITEM #13.C.1. Resolution No. FY2019-11 Adopting a State Legislative Capital Improvemen...Page 114 of 167 DR A F T Mill Bay Beach Access Proposal 11-29 Lounsbury & Assoc. February 22, 2011 NGE-TFT Page 2 11301 Olive Lane, Anchorage, AK 99515 proposed pedestrian ramp and at least one test pit will be located along the alignment of the existing kayak/raft launch (Figure 1). The test pits will be extended to a maximum depth of approximately 10 feet bgs, or to the bedrock surface (whichever is encountered first) and will be approximately 2-4 four feet in width and 10-15 feet in length. A representative of NGE-TFT will be onsite to select the test pit locations and collect appropriate samples for laboratory analysis. Soil samples collected during the excavation activities will be sealed in air-tight bags (to preserve the natural moisture content of the samples), labeled accordingly, and returned to our lab for further identification and testing. The test pits will be subsequently backfilled with the excavated spoils and the test pit locations marked in the field with survey lathe so they can be later surveyed. • Task 2 – Laboratory Testing. All of the samples obtained in the field will be returned to the lab for further identification and testing. The soil samples will be tested for index properties and frost classification as appropriate. The index property tests may include moisture content, particle size distribution, and organic content. Frost classification testing will be performed on soils that may affect the performance of paved areas at the site. The numbers of each test may be altered depending on the materials encountered. • Task 3 – Report. A final report will be prepared which will present the data collected in the field; including graphical test pit logs depicting the subsurface conditions encountered at each test pit. The report will also include the results of the laboratory analyses, as well as engineering recommendations for future foundations and pavement sections based on the lab results and observations made in the field. Schedule The tasks described above can commence immediately upon receipt of written approval to proceed. Field activities can usually be completed in about 10-15 business days, depending upon excavation contractor availability and resolution of any utility conflicts. The lab work can usually be finished in about 10 days, depending on the backlog in the lab at the time. Interpretation of the laboratory data, preparation of the test pit logs and figures, and finalizing the report will be completed about two to three weeks following receipt of the laboratory test data. AGENDA ITEM #13.C.1. Resolution No. FY2019-11 Adopting a State Legislative Capital Improvemen...Page 115 of 167 DR A F T Mill Bay Beach Access Proposal 11-29 Lounsbury & Assoc. February 22, 2011 NGE-TFT Page 3 11301 Olive Lane, Anchorage, AK 99515 Assumptions and Cost Cost to complete the work is presented on the table below. These costs include a 10% markup for outside services handled through this office. The costs assume that the work will be conducted in thawed. If seasonally frozen soils are encountered, then additional excavation effort will likely be required at additional cost. NGE-TFT is not responsible for surveying the proposed launch/ramp/stair locations or test pit locations, and the test pit locations will be estimated from the drawings/photos provided by the client. The proposed scope can modified at any time to satisfy project requirements/objectives. Billing will be on a time and material basis, using the rates shown below. The total cost will not be exceeded without prior written approval. $1,000 day $400 ea $165 hr $1,000 day $675 ea $261 ea $165 day $100 ea $14 ea $90 ea $185 ea $45 ea $50 ea $160 hr $100 hr $100 hr $100 hr Geotech Geologist 0.5 $500 Vehicle Rental 1.5 $248 Mob/Demob drill excavator 1.0 $400 Excavator/operator 4.0 $660 2.0 Report Engineering Analysis Laboratory Compilation 3.0 TASK 3 - REPORT Grainsize Total $3,474 Site Evaluation/Utility Locates $920 Mob/Demob Geotech Geologist (includes RT airfare)1.0 $675 TASK 2 - LABORATORY TESTING $370Frost Classification Moisture Content Organic content 1.0 $50 2.0 10.0 $180 Sample freight Geotechnical Analysis Per Diem $392 $100 0.5 COST ESTIMATE Quantity Rate Subtotal TASK 1 - FIELD EXPLORATIONS $500 1.5 1.0 $140 PROJECT TOTAL $6,314 2.0 $320 8.0 $1,920 $300 5.0 $500 $800 Percent Passing #200 4.0 $180 Drafting Logs and Figures AGENDA ITEM #13.C.1. Resolution No. FY2019-11 Adopting a State Legislative Capital Improvemen...Page 116 of 167 DR A F T Mill Bay Beach Access Proposal 11-29 Lounsbury & Assoc. February 22, 2011 NGE-TFT Page 4 11301 Olive Lane, Anchorage, AK 99515 The work will be completed in accordance with the attached terms and conditions. Approval of the above scope and cost can be authorized by signature below. A fax copy (344-5993) of this signed last page of the proposal returned to this office will constitute a notice to proceed. This opportunity to propose on this work is greatly appreciated. If you wish to change the scope or have any questions, please do not hesitate to contact me at your convenience at (907) 344-5934. Sincerely, Northern Geotechnical Engineering, Inc. d.b.a. Terra Firma Testing, Andy Smith Keith F. Mobley, P.E. Project Geologist President Client Signature:______________________________________ Date:_______________ AGENDA ITEM #13.C.1. Resolution No. FY2019-11 Adopting a State Legislative Capital Improvemen...Page 117 of 167 DR A F T PROPOSED TEST PIT LOCATION MAP FIG 1Mill Bay Beach Access Improvements Kodiak, AK = Approximate Location of Proposed Test Pits 11-29 N AG E N D A I T E M # 1 3 . C . 1 . Re s o l u t i o n N o . F Y 2 0 1 9 - 1 1 A d o p t i n g a S t a t e L e g i s l a t i v e C a p i t a l I m p r o v e m e n . . . Pa g e 1 1 8 o f 1 6 7 DR A F T COST ESTIMATE Solstice Alaska Consulting, Inc.PROJECT TITLE:Island Lake Trail Upgrade Project TASK DESCRIPTION:Permitting Activities DATE:3/28/2011 PREPARED BY:Robin Reich LABOR HOURS PER JOB CLASSIFICATION R. Reich C. Miller Copies Travel Perdiem Subtotal 20 $230 $261 2,400$ 8 50 5,951$ 2 8 960$ -$ -$ -$ TOTAL LABOR HOURS 30 58 Expenses $0 $230 $261 LABOR RATES ($/HR)$120.00 $90.00 7% mark up $0 $12 $13 LABOR COSTS ($)$3,600 $5,220 Total Price $0 $242 $274 $9,336 SUB-TASK DESCRIPTION Intertidal Assessment Permit Preparation Agency Followup 3/28/2011 AG E N D A I T E M # 1 3 . C . 1 . Re s o l u t i o n N o . F Y 2 0 1 9 - 1 1 A d o p t i n g a S t a t e L e g i s l a t i v e C a p i t a l I m p r o v e m e n . . . Pa g e 1 1 9 o f 1 6 7 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 1, 2018 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Assembly Review and Taking Official Action In Support To The Following Alaska Municipal League Resolutions: Resolution No. 2019-01 Supporting the Alaska Municipal League's Stated Principles. Resolution No. 2019-02 Supporting the Alaska Municipal League's Stated Priorities. Resolution No. 2019-03 Supporting the Development of a Community Dividend. Resolution No. 2019-04 Requesting that the Alaska State Legislature Fund the Senior Citizens/Disabled Veterans Property Tax Exemption as Required in AS 29.45.030 (g). Resolution No. 2019-05 Supporting Full Funding from the State of Alaska for School Bond Debt Reimbursement and State Aid for Construction in Regional Education Attendance Areas. Resolution No. 2019-06 Supporting Legislation Adopting Real Property Sales Disclosure in Alaska. Resolution No. 2019-07 Supporting Increased Investment in the Alaska Renewable Energy Fund, and Continued Support for Existing State Energy and Energy Efficiency Programs. Resolution No. 2019-08 Supporting the State's Implementation of a Broad- Based Tax. Resolution No. 2019-09 Requesting that Title 29 be Amended to Remove the Audit Requirement for Community Assistance, and Provide a One-Time Waiver of Past Audit Requirements; Thereby, Releasing all Outstanding Community Revenue Sharing/Assistance Funds. Resolution No. 2019-10 Encouraging the Governor and Legislature to Increase Capacity Within the Office of Management and Budget to Evaluate Costs to Communities of State and Legislative Budget and Legislative Actions, and to Include a Municipal Impact Fiscal Note in All Relevant Legislation. Resolution No. 2019-11 Requesting From the Governor and Alaska State Legislature Provide a One-Time Payoff of PERS Delinquencies and Debt. Resolution No. 2019-12 Supporting the Public Employee Retirement System (PERS) Reform. Resolution No. 2019-13 Supporting Changing the Transferability of Limited Entry Salmon Permits by Allowing an Additional Name on the Permit. Resolution No. 2019-14 Supporting Full Funding ($7,409,439) for the State of Alaska Municipal Harbor Facility Grant Program in the FY2020 State Capital Budget. ORIGINATOR: Daniel Rohrer RECOMMENDATION: Based on the discussions at the October 25 work session, the following motions are recommended: Move to support AML Resolutions No. 1, 2, 4, 7, and 10. AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 120 of 167 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 1, 2018 ASSEMBLY REGULAR MEETING Kodiak Island Borough Process the following individually: Move to support Resolution No. 2019-03. Move to support Resolution No. 2019-05. Move to support Resolution No. 2019-06. Move to support Resolution No. 2019-08. Move to support Resolution No. 2019-09. Move to support Resolution No. 2019-11. Move to support Resolution No. 2019-12. Move to support Resolution No. 2019-13. Move to support Resolution No. 2019-14. DISCUSSION: It has been the practice of the Borough Assembly to discuss the AML resolutions as a voting delegate will be appointed to carry out the wishes of the Assembly during the AML business meeting. In the past, the Assembly discussed each resolution and determined which ones to support. Those that were contentious were placed on the regular meeting agenda for a vote of the Assembly. The Mayor, during the work session will ask the Assembly to express any concerns to any of the resolutions in the packet. This will be the opportunity for the members to express their thoughts. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 121 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. Alaska Municipal League 1 Resolution #2019-1 2 3 A resolution in support of the Alaska Municipal Leagues stated principles. 4 5 WHEREAS, the Alaska Municipal League was founded in 1950 to “secure general and 6 municipal legislation at the state and federal levels which will be beneficial to the municipalities 7 and inhabitants thereof, and to oppose legislation injurious thereto”; and 8 9 WHEREAS, the Alaska Municipal League has developed principles with which it 10 evaluates State and federal action; and 11 12 WHEREAS, the Alaska Municipal League supports the Alaska Constitution’s mandate to 13 “provide for maximum local self-government”; and 14 15 WHEREAS, the Alaska Municipal League supports policies that reduce tax burdens on 16 local government and reimburse for State-mandated exemptions; and 17 18 WHEREAS, the Alaska Municipal League supports State revenue-sharing as an 19 investment in and support for municipal governance; and 20 21 WHEREAS, the Alaska Municipal League supports adequate funding for basic public 22 services and infrastructure, such as: education, public safety, health, emergency services, and 23 transportation that is necessary for strong and vibrant municipalities; and 24 25 WHEREAS, the Alaska Municipal League opposes unfunded and underfunded State or 26 Federal legislative and administrative mandates; and, 27 28 WHEREAS, the Alaska Municipal League opposes any efforts to reduce local revenues 29 and local revenue authorities; and 30 31 WHEREAS, the Alaska Municipal League opposes policies that shift State or Federal 32 responsibilities to local governments without a negotiated agreement that includes adequate and 33 full annual funding; and 34 35 WHEREAS, the Alaska Municipal League believes the above describes a fair and 36 equitable relationship between the State and political subdivisions; and 37 38 WHEREAS, the Alaska Municipal League believes these principles are in the public 39 interest. 40 41 1 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 122 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. NOW, THEREFORE BE IT RESOLVED, that the Alaska Municipal League is 1 committed to applying the above-stated principles to all relevant State and federal legislation, 2 and to agency actions, in support of or in opposition to. 3 4 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE _____ DAY 5 OF ___________________, 2018. 6 7 Signed: 8 President, Alaska Municipal League 9 10 Attest: 11 Executive Director, Alaska Municipal League 12 13 2 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 123 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. Alaska Municipal League 1 Resolution #2019-02 2 3 A resolution in support of the Alaska Municipal Leagues stated priorities. 4 5 WHEREAS, the Alaska Municipal League is comprised of and responsive to the interests 6 of 165 incorporated municipalities representing 97% of Alaskans; and 7 8 WHEREAS, the Alaska Municipal League has identified State and federal priorities for 9 2019 that reflect the value that members place on League action; and 10 11 WHEREAS, the Alaska Municipal League supports the pursuit of additional revenue 12 options, including broad based taxes; and 13 14 WHEREAS, the Alaska Municipal League supports PERS changes to include termination 15 studies, periodic evaluation of and beneficial adjustment to the 2008 salary floor, and increased 16 opportunity to leave PERS without penalty; and 17 18 WHEREAS, the Alaska Municipal League supports additional investments into 19 Community Assistance, including a long-term solution; and 20 21 WHEREAS, the Alaska Municipal League supports full funding for and recalculation of 22 small community population caps for PILT payments to Alaska municipalities; and 23 24 WHEREAS, the Alaska Municipal League supports federal PILT payments, timber 25 receipts tied to Safe and Secure Rural Schools, and infrastructure investments; and 26 27 WHEREAS, the Alaska Municipal League opposes underfunding of Federal Assistance 28 Programs including Medicaid, transportation, CDBG, SNAP, Medicare, Head Start, Title 1 29 Grants, WIC, CHIP, etc.; and 30 31 WHEREAS, the Alaska Municipal League believes these priorities represent the highest-32 level attention to and response by State and Federal decision-makers; and 33 34 WHEREAS, the Alaska Municipal League believes these priorities are in the public 35 interest. 36 37 NOW, THEREFORE BE IT RESOLVED, that the Alaska Municipal League calls on 38 State and Federal policymakers to respect and respond to these priorities. 39 40 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE _____ DAY 41 OF ___________________, 2018. 42 43 3 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 124 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. Signed: 1 President, Alaska Municipal League 2 3 Attest: 4 Executive Director, Alaska Municipal League 5 6 4 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 125 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. Alaska Municipal League 1 Resolution #2019-03 2 3 A resolution in support of the development of a Community Dividend. 4 5 WHEREAS, community revenue sharing began in 1969 to help ease fiscal problems 6 facing local governments, stabilize or reduce local property taxes, encourage local provision of 7 public services, and stabilize local budgets and planning; and 8 9 WHEREAS, revenue sharing has undergone significant and dramatic changes since 1969, 10 leading to a situation in 2004 where all revenue sharing programs were proposed for elimination 11 after years of reductions, which corresponded to increased property taxes, elimination of 12 municipal services, and reduced capacity; and 13 14 WHEREAS, the State of Alaska exempts itself from local taxes even though it uses local 15 services and approximately $1.4 billion (2017) in property taxes are paid by local taxpayers to 16 subsidize State operations; and 17 18 WHEREAS, the Alaska Municipal League has been firm in its advocacy for the absolute 19 necessity of a form of and enough revenue sharing that strengthens the capacity of municipal 20 governments, alleviates the need for higher local taxes, and bolsters the delivery of public 21 services; and 22 23 WHEREAS, the recent fiscal crisis experienced by the State of Alaska made apparent the 24 reality of cost-shifting to municipalities and the potential for State reductions to municipal 25 budgets, particularly in the form of reduced or eliminated revenue sharing; and, 26 27 WHEREAS, uncertainty at the State level – due either to limits to annual appropriations 28 or the mechanism by which current Community Assistance funding is currently secured – 29 necessitates a new way to approach revenue sharing; and 30 31 WHEREAS a community dividend is a feasible method with which to reimburse local 32 government for State tax exemptions, fund local contributions to education, replace revenue 33 sharing or community assistance, and keep Alaska’s promises; 34 35 WHEREAS, the earnings from the Alaska Permanent Fund are a credible and sustainable 36 vehicle for such funding; and 37 38 WHEREAS, the Alaska State Legislature considered this question in 2006, with support 39 from many stakeholders, including the Alaska State Chamber of Commerce; and 40 41 WHEREAS, a community dividend meets the State’s obligation to municipal 42 governments and provides a sustainable pathway for maximizing local government. 43 5 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 126 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. 1 NOW, THEREFORE BE IT RESOLVED, that the Alaska Municipal League encourages 2 the Alaska State Legislature to consider the establishment of a Community Dividend. 3 4 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE _____ DAY 5 OF ___________________, 2018. 6 7 Signed: 8 President, Alaska Municipal League 9 10 Attest: 11 Executive Director, Alaska Municipal League 12 13 6 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 127 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. Alaska Municipal League 1 Resolution #2019-04 2 3 A resolution requesting that the Alaska State Legislature fund the Senior 4 Citizen’s/Disabled Veteran’s property tax exemption as required in AS 29.45.030(g). 5 6 WHEREAS, in the 1980s, the State of Alaska imposed a mandate that required all 7 municipalities that levy a property tax, to exempt the first $150,000 value of primary homes 8 belonging to seniors and disabled veterans, from that property tax; and 9 10 WHEREAS, property tax exemptions raise the property tax liability to those individuals 11 who do not receive the benefits of those exemptions; and 12 13 WHEREAS, the State of Alaska also passed law in statute that requires the State to 14 reimburse municipalities for those exemptions; and 15 16 WHEREAS, the State and Legislature have not funded this program and the municipal 17 reimbursement since 1997; and 18 19 WHEREAS, the State of Alaska has continued to require municipal exemptions; and 20 21 WHEREAS, one of the primary duties of a municipality is to levy taxes in support of its 22 corresponding obligations to provide public services, and most importantly public education; and 23 24 WHEREAS, municipalities have the best understanding of citizen concerns and priorities, 25 municipal budgets and should have sole authority to identify the need for and grant exemptions; 26 and 27 28 WHEREAS, Community Assistance provided to 164 municipalities has decreased to $30 29 million per year, the Senior Citizen's/Disabled Veteran's Property Tax exemption is now costing 30 the 18 municipalities that levy a property tax a total of over $77 million per year. 31 32 NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League requests that 33 the Alaska State Legislature fund the Senior Citizen's/Disabled Veteran's Property Tax 34 exemption as required in AS 29.45.030(g). 35 36 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE _____ DAY 37 OF ___________________, 2018. 38 39 Signed: 40 President, Alaska Municipal League 41 42 Attest: 43 7 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 128 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. Executive Director, Alaska Municipal League 1 2 8 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 129 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. Alaska Municipal League 1 Resolution #2019-05 2 3 A resolution in support of full funding from the State of Alaska for school bond debt 4 reimbursement and State aid for construction in Regional Education Attendance Areas 5 6 WHEREAS, the State of Alaska has a constitutional responsibility to “maintain a system 7 of public schools” under Article 7, Section 1 of the Alaska Constitution; and 8 9 WHEREAS, since 1970, the State of Alaska has encouraged municipalities to bond for 10 school major maintenance projects by reimbursing municipalities with bonding authority for a 11 fixed portion of principal and interest payments; and 12 13 WHEREAS, the Alaska Legislature has, for decades, provided major maintenance for 14 rural Regional Educational Attendance Area schools through appropriations in the annual capital 15 budget; and 16 17 WHEREAS, since 2010, the Legislature provided consistent funding parity for rural 18 schools’ major maintenance needs by automatically funding major maintenance projects in areas 19 without the ability to bond, with a percentage of the school bond debt reimbursement funding; 20 and 21 22 WHEREAS, relying on these programs and the State of Alaska’s obligations, Alaskan 23 municipalities and Regional Educational Attendance Areas have maintained schools and fulfilled 24 municipal responsibilities; and 25 26 WHEREAS, in 2015, the Legislature placed a five-year moratorium on any new projects 27 being eligible for school bond debt reimbursement, and shifted the sole responsibility of 28 repayment to local taxpayers; and 29 30 WHEREAS, some municipalities, in an effort to mitigate deterioration of school facilities 31 during the capital funding moratorium, began allocating local tax revenues to provide funding for 32 major deferred maintenance school projects; and 33 34 WHEREAS, in 2016, the Legislature honored past project funding and appropriated 35 funds to the municipalities for school debt reimbursement, as well as major maintenance funding 36 for schools in Regional Educational Attendance Areas; and 37 38 WHEREAS, in 2016, the Governor line-item vetoed 25% of the funding for both 39 municipal and rural schools from appropriation bills; and 40 41 WHEREAS, the potential for future vetoes places great uncertainty on this program and 42 burden on municipalities. 43 9 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 130 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. 1 NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League support full 2 annual funding of school bond debt reimbursement and state aid for construction in Regional 3 Educational Attendance Areas. 4 5 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE _____ DAY 6 OF ___________________, 2018. 7 8 Signed: 9 President, Alaska Municipal League 10 11 Attest: 12 Executive Director, Alaska Municipal League 13 14 10 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 131 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. Alaska Municipal League 1 Resolution #2019-06 2 3 A resolution supporting legislation adopting real property sales disclosure in Alaska. 4 5 WHEREAS, the Alaska Municipal League supports the goal to promote the fair and 6 equitable distribution of the property tax burden which funds local governments; and 7 8 WHEREAS, Alaskans, municipalities and the State benefit from the assessment of fair 9 and equitable values of real property within all taxing jurisdictions in the State of Alaska; and 10 11 WHEREAS, an assessor is required, per AS 29.45.110, to assess all property at full and 12 true value, as of January 1 of the assessment year. The full and true value is the estimated price 13 that the property would bring in an open market and under the then prevailing market conditions 14 in a sale between a willing seller and a willing buyer both conversant with the property and with 15 prevailing general price levels; and 16 17 WHEREAS, while the legal mandate for assessment at full and true value exists, the sales 18 data that is necessary to determine full and true value is not readily available due to the lack of 19 sales disclosure in the State of Alaska; and 20 21 WHEREAS, the Legislative Research Services Division reported in 2014, that Alaska is 22 one of six states for which sales disclosure for property exchanges are not disclosed; and 23 24 WHEREAS, data is currently obtained from requests for voluntary sales information 25 through questionnaires mailed in many jurisdictions, which result in incomplete, unreliable, and 26 in some cases translated to inaccurate reflections of actual market value; and 27 28 WHEREAS, sales disclosure would assist in the fair distribution of the tax burden to all 29 taxpayers and would enhance the accuracy and the timeliness of assessments; and 30 31 WHEREAS, sales disclosure would enhance the ability of assessment professionals to 32 meet the full and true value mandate and would also aid the public in obtaining information in 33 order to interact within local real estate markets; and 34 35 WHEREAS, the lack of sales data in some jurisdictions limits the ability to fairly 36 distribute the tax burden and also to fund local services; and 37 38 WHEREAS, sales disclosure would enable property owners to gather data to provide 39 support for legally entitled property tax appeals under AS 29.45.190. 40 41 11 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 132 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League urges the 1 Alaska State Legislature to enact legislation requiring disclosures of all real property sales in the 2 State of Alaska. 3 4 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE _____ DAY 5 OF ___________________, 2018. 6 7 Signed: 8 President, Alaska Municipal League 9 10 Attest: 11 Executive Director, Alaska Municipal League 12 13 12 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 133 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. Alaska Municipal League 1 Resolution #2019-07 2 3 A resolution supporting increased investment in the Alaska Renewable Energy Fund, and 4 continued support for existing State energy and energy efficiency programs. 5 6 WHEREAS, Alaska’s high cost of energy creates a burden for Alaskans and for local 7 governments, school districts and public facilities; and 8 9 WHEREAS, ensuring the safety and reliability of energy systems increases the security 10 of Alaskan communities and the economy; and 11 12 WHEREAS, the Alaska Municipal League has been consistent in its advocacy for the 13 strategic development of energy resources, State programs that help to lower power and heating 14 costs, and adequate long-term funding for energy investment; and 15 16 WHEREAS, the Renewable Energy Fund – established in 2008 by the Alaska State 17 Legislature – is a good example of a program that, if funded, provides public investment in the 18 development of qualifying and competitively selected renewable energy projects in Alaska; and 19 20 WHEREAS, the Alaska Renewable Energy Fund provides benefits to Alaskans by 21 assisting communities across the state to reduce and stabilize the cost of energy; and 22 23 WHEREAS, the program is designed to produce cost-effective renewable energy for heat 24 and power to benefit Alaskans statewide, and ancillary benefits include job creation, leveraging 25 local energy resources, and economic development; and 26 27 WHEREAS, from 2008 to 2015, appropriations totaling $257 million were issued for 28 Renewable Energy Fund projects, which was matched with hundreds of millions of dollars in 29 funding from local sources to develop projects designed to reduce and stabilize the cost of 30 energy in Alaska; and 31 32 WHEREAS, in 2016 and 2017 there were no State REF appropriations and no new 33 projects were initiated in those years; the new formula created in 2015 for applying excess 34 earnings from the PCE endowment was only in 2018 applicable, and continued lack of funding is 35 a threat to the success of the program; and 36 37 WHEREAS, new sources of funding should be applied to the Fund when PCE earnings 38 do not meet the appropriate threshold for the effective development of and support for energy 39 projects in Alaska. 40 41 13 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 134 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League urges the 1 Governor and the Alaska State Legislature to increase investment in the Renewable Energy 2 Fund; and 3 4 BE IT FURTHER RESOLVED that the Alaska Municipal League additionally supports 5 continued investment in State energy and energy efficiency programs, including the Revolving 6 Loan Fund Program, Weatherization, Home Energy Rebate Program, Bulk Fuel Construction 7 Program, and Rural Power System Upgrades 8 9 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE _____ DAY 10 OF ___________________, 2018. 11 12 Signed: 13 President, Alaska Municipal League 14 15 Attest: 16 Executive Director, Alaska Municipal League 17 . 18 14 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 135 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. Alaska Municipal League 1 Resolution #2019-08 2 3 A resolution supporting the State’s implementation of a broad-based tax. 4 5 WHEREAS, in response to a fiscal crisis caused by low oil prices and other 6 circumstances, the State of Alaska has made significant headway in decreasing the overall size of 7 government by reducing agency and programmatic spending; and 8 9 WHEREAS, in 2018 the Alaska State Legislature took a positive step toward addressing 10 additional revenue by allowing access to excess earning of the Permanent Fund; and 11 12 WHEREAS, there remains a gap between revenues and current expenses, and an even 13 more significant gap between revenues and the ability of the State to address fundamental 14 challenges facing Alaska, including but not limited to public safety, education, infrastructure, 15 and energy; and 16 17 WHEREAS, the Alaska Municipal League in 2016 submitted a Sustainability Plan to the 18 Legislature, some of which has been addressed; 19 20 WHEREAS, the Alaska Municipal League has supported the implementation of a broad-21 based tax as part of a sustainable fiscal plan; and 22 23 WHEREAS, the Alaska Municipal League understands an income tax as being able to 1) 24 capture revenue from out-of-state employees, which is 20% of Alaska’s total payroll, 2) be 25 deducted from federal income taxes, with a net neutral cost to Alaskans, and 3) give Alaskans a 26 direct interest in state governance; and 27 28 WHEREAS, the Alaska Municipal League believes that a statewide sales tax would 1) be 29 feasible where no current sales tax exists, but 2) may erode the municipal tax base, thereby 30 shifting revenue from one level of government to another, while undercutting the ability of local 31 governments to deliver essential services; and 32 33 WHEREAS, municipalities across Alaska have identified continued challenges related to 34 increased expenses and community needs; and 35 36 WHEREAS, municipalities across Alaska are concerned that lack of revenue at the State 37 level will result in the inability to address essential public services that are important to Alaskans 38 and to Alaskan businesses. 39 40 NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League supports the 41 State’s consideration of a broad-based tax; and 42 43 15 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 136 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. BE IT FURTHER RESOLVED that the Alaska Municipal League stands ready to work 1 with the Alaska State Legislature to mitigate potential negative impacts, as necessary. 2 3 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE _____ DAY 4 OF ___________________, 2018. 5 6 Signed: 7 President, Alaska Municipal League 8 9 Attest: 10 Executive Director, Alaska Municipal League 11 12 16 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 137 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. Alaska Municipal League 1 Resolution #2019-09 2 3 A resolution requesting that Title 29 be amended to remove the audit requirement for 4 Community Assistance, and provide a one-time waiver of past audit requirements, thereby 5 releasing all outstanding Community Revenue Sharing/Assistance funds. 6 7 WHEREAS, Alaska’s municipal governments consider community revenue sharing, now 8 known as Community Assistance, an essential and fundamental component of their annual 9 budget; and 10 11 WHEREAS, municipalities are diverse and wide-ranging in their population size, budget 12 composition, and state and federal statutory and regulatory requirements; and 13 14 WHEREAS, AS 29.180.020 outlines the requirements necessary to receive Community 15 Assistance funding, including, “if the municipality is a borough, unified municipality, or first 16 class city, a copy of the annual audit reviewed by a certified public accountant”; and 17 18 WHEREAS, the cost of completing an audit consistent with this requirement may 19 represent 30-50% of the annual funding received by a municipality from Community Assistance; 20 and 21 22 WHEREAS, the bulk of these municipalities are already required to complete an audit 23 based on other state and federal funding requirements, and submission to DCRA can be 24 encouraged; and 25 26 WHEREAS, for the remainder, the audit requirement presents an additional bureaucratic 27 burden that requires municipal governments to allocate funding to its fulfillment and away from 28 delivery of services in the public benefit; and 29 30 WHEREAS, there are more effective and cost-efficient ways in which to assure DCRA of 31 a community’s overall health and compliance capabilities; and 32 33 WHEREAS, the State has withheld and currently withholds payment of Community 34 Revenue Sharing and now Community Assistance when the audit requirement, among others, is 35 not met; and 36 37 WHEREAS, many municipalities are desperately in need of access to those funds, which 38 assist in general operations, strengthening administrative capacity, and contributing to education, 39 energy and public safety needs; and 40 41 17 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 138 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. WHEREAS, alleviating the costs of compliance for municipal governments increases 1 overall the economic health of the state, decreases the need for increased local taxes, and reduces 2 programmatic costs within the State. 3 4 NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League requests that 5 the Alaska State Legislature amend Title 29 to remove the audit requirement for Community 6 Assistance, and provide a one-time waiver of past audit requirements, thereby releasing all 7 outstanding Community Revenue Sharing/Assistance funds. 8 9 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE _____ DAY 10 OF ___________________, 2018. 11 12 Signed: 13 President, Alaska Municipal League 14 15 Attest: 16 Executive Director, Alaska Municipal League 17 18 18 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 139 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. Alaska Municipal League 1 Resolution #2019-10 2 3 A resolution encouraging the Governor and Legislature to increase capacity within the 4 Office of Management and Budget to evaluate costs to communities of State and Legislative 5 budget and legislative actions, and to include a municipal impact fiscal note in all relevant 6 legislation. 7 8 WHEREAS, the State of Alaska’s Office of Management and Budget is an incredible 9 resource for assessing current and potential budget action, including the impact of legislative 10 actions; and 11 12 WHEREAS, the Office of Management and Budget currently includes a director, three 13 policy analysts, and seven budget analysts; and 14 15 WHEREAS, each Office of Management and Budget analyst is responsible for different 16 areas within the budget, mainly by Department, but also around a variety of State priorities and 17 initiatives; and 18 19 WHEREAS, the Office of Management and Budget does not currently have a dedicated 20 analyst focused on municipal policy or budgets; and 21 22 WHEREAS, the Alaska Municipal League has in the past called for a fiscal note to be 23 included in all legislation, which would describe municipal impacts; and 24 25 WHEREAS, it is essential that the Office of Management and Budget strengthen its 26 capacity to be able to address this, and it is the position of the Alaska Municipal League that this 27 not be added to the current workload of existing staff; and 28 29 WHEREAS, the Office of Management and Budget is encouraged to coordinate its 30 municipal analysis with the Division of Community and Regional Affairs and the Legislative 31 Finance Division, including to potentially cost-share this position between agencies; and 32 33 WHEREAS, strengthening the State’s capacity in this regard will improve the efficacy of 34 all legislation, provide policymakers with the critical information they need to weigh costs and 35 benefits of legislation and provide clarity to municipal governments. 36 37 NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League requests that 38 the Governor and Alaska State Legislature increase capacity within the Office of Management 39 and Budget to evaluate costs to communities of State and Legislative budget and legislative 40 actions; and 41 42 19 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 140 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. BE IT FURTHER RESOLVED that the Alaska Municipal League encourage 1 consideration of a municipal impact fiscal note to be included in all relevant legislation prior to 2 submission. 3 4 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE _____ DAY 5 OF ___________________, 2018. 6 7 Signed: 8 President, Alaska Municipal League 9 10 Attest: 11 Executive Director, Alaska Municipal League 12 13 20 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 141 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. Alaska Municipal League 1 Resolution #2019-11 2 3 A resolution requesting that the Governor and Alaska State Legislature provide a one-time 4 payoff of PERS arrearages. 5 6 WHEREAS, many of Alaska’s villages and smaller communities are under stress 7 stemming from the State’s fiscal problems, lack of an underlying economy, and a range of other 8 factors; and 9 10 WHEREAS, these stresses manifest themselves as PERS arrearages, IRS liens, deficits, 11 late payments, audit findings, grant reporting issues and other fiscal difficulties; and 12 13 WHEREAS, debt presents barriers to accessing Community Revenue 14 Sharing/Community Assistance, PILT payments, federal and state grant opportunities, bulk fuel 15 loans, and other opportunities; and 16 17 WHEREAS, the lack of access to those funds makes it even more difficult to fund 18 payroll, including being able to pay into PERS and for past liability; and 19 20 WHEREAS, more than forty (40) municipal governments and school districts are 21 delinquent on PERS payments, with the ten (10) highest accounting for over $3 million 22 collectively; and 23 24 WHEREAS, this delinquency and debt is then distributed to other PERS pool 25 participants, and felt not just by municipalities but by the State as well, resulting in greater on 26 behalf payments; and 27 28 WHEREAS, recognizing these communities as currently “stressed” and working to move 29 them toward sustainability is an important goal of the Alaska Municipal League; and 30 31 WHEREAS, a stressed community should be thought of in terms of the degree to which it 32 may be out of compliance with State and/or federal financial, legal or statutory requirements; and 33 34 WHEREAS, the State can play a significant role in assisting in the health of its 35 communities; and 36 37 WHEREAS, there are clear need to establish a level playing field by paying off those 38 arrearages now, justified not only by ensuring community health but as long-term investments 39 that save the State in its ongoing expenditures. 40 41 NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League encourages 42 the Governor and the Alaska State Legislature fund a one-time payoff of PERS arrearages. 43 21 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 142 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Municipal League on September 17, 2018. 1 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE _____ DAY 2 OF ___________________, 2018. 3 4 Signed: 5 President, Alaska Municipal League 6 7 Attest: 8 Executive Director, Alaska Municipal League 9 10 22 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 143 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of City of Bethel on September 25, 2018. Alaska Municipal League 1 Resolution #2019-12 2 3 A resolution in support of Public Employee Retirement System (PERS) reform. 4 5 WHEREAS, most members of the Alaska Municipal League contribute to the Public 6 Employee Retirement System (PERS); and 7 8 WHEREAS, included in Senate Bill 125 in 2008 was language requiring municipalities 9 to pay termination costs and “below the floor costs” on the termination of a department, group, 10 or classification of employees; and 11 12 WHEREAS, those lay-offs that are made up of a department, group, or classification will 13 result in a charge to local governments for the actual study, followed by charges for each of those 14 employee’s past service cost for approximately 30 years; and 15 16 WHEREAS, if the total base salary of any municipality falls below what it was in 2008 17 (the year of SB 125), then charges will be assessed on that drop, as well; and 18 19 WHEREAS, these rules severely limit the ability of municipalities, , from being agile in 20 the workplace, including eliminating no longer needed departments, groups, or classifications; 21 and 22 23 WHEREAS, these rules severely limit the ability of municipalities, , from creating new 24 needed departments, groups, or classifications for fear of future termination studies and 25 termination costs extending up to 30 years in the future; and 26 27 WHEREAS, municipalities require agility and adaptability in the workforce to meet our 28 changing needs. 29 30 WHEREAS, with our current state fiscal crisis, municipalities may need to make 31 reductions or increasing in the workforce; including entire departments, groups, or classifications 32 of employees; and 33 34 WHEREAS, the State of Alaska is not subject to these rules as an employer; and the State 35 of Alaska is making serious considerations to reducing its workforce. 36 37 NOW, THEREFORE BE IT RESOLVED, that the Alaska Municipal League supports 38 reform in the Public Employee Retirement System (PERS), including the elimination of 39 termination studies and all costs for reducing or eliminating departments, groups, or 40 23 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 144 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of City of Bethel on September 25, 2018. classifications of employees, as well as not inhibiting future additions of departments, groups, or 1 classifications of employees. 2 3 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE _____ DAY 4 OF ___________________, 2018. 5 6 Signed: 7 President, Alaska Municipal League 8 9 Attest: 10 Executive Director, Alaska Municipal League 11 12 24 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 145 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of Aleutians East Borough on January 11th, 2018. Alaska Municipal League 1 Resolution #2019-13 2 3 A resolution in support of changing the transferability of limited entry salmon permits by 4 allowing an additional name on the permit. 5 6 WHEREAS, the number of limited entry salmon permits are leaving Alaska’s rural 7 communities at an alarming rate; and 8 9 WHEREAS, this trend is resulting in fewer economic opportunities and causing 10 communities to shrink; and 11 12 WHEREAS, the out-migration of permits has escalated mainly due to the “graying of the 13 fleet;” and 14 15 WHEREAS, the average age of a state fishing permit holder is 50 years; and 16 17 WHEREAS, some limited entry permit holders may be reluctant to permanently transfer 18 a permit to any heirs currently dealing with addiction; and 19 20 WHEREAS, allowing an additional name of a person to be listed on limited entry salmon 21 permits could help curb out-migration of permits from rural communities; and 22 23 WHEREAS, one of the biggest obstacles new entrants wanting to pursue a career in 24 fishing face is lack of capital and an established credit history to get started; and 25 26 WHEREAS, allowing an additional name to be listed would allow permit holders to 27 mentor up-and-coming fishermen in the community and transition them into the fisheries; and 28 29 WHEREAS, allowing an additional name to be listed would eliminate the permit holder’s 30 fear of losing the permit; and 31 32 WHEREAS, allowing an additional name to be listed would allow a surviving spouse of 33 a permit holder to maintain that permit in her name and provide the individual the opportunity to 34 sell salmon with no other ownership; and 35 36 WHEREAS, given Alaska’s current fiscal crisis, it’s more important than ever to 37 maintain and increase economic opportunities for individuals and families who are dependent on 38 the fisheries. 39 40 NOW, THEREFORE BE IT RESOLVED, that the Alaska Municipal League urges the 41 Alaska Legislature to pass legislation redefining the transferability of limited entry salmon 42 25 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 146 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of Aleutians East Borough on January 11th, 2018. permits by allowing an additional name to be listed on permits to keep permits in rural 1 communities. 2 3 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE _____ DAY 4 OF ___________________, 2018. 5 6 Signed: 7 President, Alaska Municipal League 8 9 Attest: 10 Executive Director, Alaska Municipal League 11 12 26 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 147 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Association of Harbormasters and Port Administrators on October 10, 2018. Alaska Municipal League 1 Resolution 2019-14 2 3 A resolution in support of full funding ($7,409,439) for the State of Alaska Municipal 4 Harbor Facility Grant Program in the FY 2020 State capital budget. 5 6 WHEREAS, the Alaska Municipal League recognizes the majority of the public boat harbors in 7 Alaska where constructed by the State during the 1960s and 1970s; and 8 9 WHEREAS, these harbor facilities represent critical transportation links and are the 10 transportation hubs for waterfront commerce and economic development in Alaskan coastal 11 communities; and 12 13 WHEREAS, these harbor facilities are ports of refuge and areas for protection for ocean-going 14 vessels and fishermen throughout the State of Alaska, especially in coastal Alaskan 15 communities; and 16 17 WHEREAS, the State of Alaska over the past nearly 30 years has transferred ownership of most 18 of these State-owned harbors, many of which were at or near the end of their service life at the 19 time of transfer, to local municipalities; and 20 21 WHEREAS, the municipalities took over this important responsibility even though they knew 22 that these same harbor facilities were in poor condition at the time of transfer due to the state’s 23 failure to keep up with deferred maintenance; and 24 25 WHEREAS, consequently, when local municipal harbormasters formulated their annual harbor 26 facility budgets, they inherited a major financial burden that their local municipal governments 27 could not afford; and 28 29 WHEREAS, in response to this financial burden, the Governor and the Alaska Legislature 30 passed legislation in 2006, supported by the Alaska Association of Harbormasters and Port 31 Administrators, to create the Municipal Harbor Facility Grant program, AS 29.60.800; and 32 33 WHEREAS, the Alaska Municipal League is pleased with the Department of Transportation and 34 Public Facilities administrative process to review, score and rank applicants to the Municipal 35 Harbor Facility Grant Program, since state funds may be limited; and 36 37 WHEREAS, for each harbor facility grant application, these municipalities have committed to 38 invest 100% of the design and permitting costs and 50% of the construction cost; and 39 40 WHEREAS, the municipalities of the City of Anchorage, the City and Borough of Juneau, City of 41 Ketchikan, City and Borough of Sitka, and the City of Angoon have offered to contribute $7,409,439 42 in local match funding for FY2020 towards seven harbor projects of significant importance locally as 43 required in the Harbor Facility Grant Program; and 44 45 27 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 148 of 167 This resolution was approved for submission to the Alaska Municipal League membership by the governing body of the Alaska Association of Harbormasters and Port Administrators on October 10, 2018. WHEREAS, completion of these harbor facility projects is all dependent on the 50% match from 1 the State of Alaska’s Municipal Harbor Facility Grant Program; and 2 3 WHEREAS, during the last ten years the backlog of projects necessary to repair and replace 4 these former State-owned harbors has increased to over $100,000,000. 5 6 NOW, THEREFORE BE IT RESOLVED, that the Alaska Municipal League urges full funding 7 in the amount of $7,409,439 by the Governor and the Alaska Legislature for the State of 8 Alaska’s Municipal Harbor Facility Grant Program in the FY 2020 State Capital Budget in order 9 to ensure enhanced safety and economic prosperity among Alaskan coastal communities. 10 11 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE _____ DAY 12 OF ___________________, 2018. 13 14 Signed: 15 President, Alaska Municipal League 16 17 Attest: 18 Executive Director, Alaska Municipal League 19 28 AGENDA ITEM #13.E.1. Assembly Review and Taking Official Action In Support To The Following A...Page 149 of 167 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 1, 2018 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Assembly Approval Of An Assembly Candidate To The Alaska Municipal League Board of Directors District 10 Seat. ORIGINATOR: RECOMMENDATION: Move to approve the candidacy of Assembly member Scott Smiley to the Alaska Municipal Board of Directors, District 10 seat. DISCUSSION: Assembly member Scott Smiley's seat on the AML Board is expiring this year. He has served on the Board since 2017. District 10 is comprised of Bristol Bay, Aleutians, and Kodiak Island. The City of Kodiak Mayor currently serves as the President of AML and a Council Member serves as the National League of Cities representative on the Board. Due to the financial commitment involved, potential candidates should file their intent and obtain Assembly approval for the candidacy. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.E.2. Assembly Approval Of An Assembly Candidate To The Alaska Municipal Leagu...Page 150 of 167 AGENDA ITEM #13.E.2. Assembly Approval Of An Assembly Candidate To The Alaska Municipal Leagu...Page 151 of 167 AGENDA ITEM #13.E.2. Assembly Approval Of An Assembly Candidate To The Alaska Municipal Leagu...Page 152 of 167 Alaska Municipal League Local Govemrl'lentA£its Best 2019 Board Of Directors Elections —Declaration of Candidacy Declaration of Candidacy Form AML officers and members oftlie Alaska Mun pal League Board of Directors are elected each year at the Annual Meeting by the entire membership.The Board of Directors is the governing body of the League and directs the administration and polity ofthe AML throughout the year on behalf of the members. Notice is hereby given that Election of Officers and Directors will be held at the Annual Meeting of the Alaska Municipal League on November 15.201 s.for the election of: t ce Pre deritiaueta vacancy] First Vice-President for a one-year term,with automatic succession to President and President.to be elected at large by the qualified member municipalities of the League. Second I/it —President Second Vice-President for a one-year term,with automatic succession to First Vice-President and President,to be elected at large by the qualified member municipalities of the League. NOTE:Article //,Section 3,Hf rI1e AML Q/Ialil/5speci?es that the “President.Vice Presidents,and Immediate Past President shall be chosen from different director districts merefore,nominees for First and secand I/ice-President positions tannar be from.- District 3:Kenai Peninsula District 10:Bristo|Bay,Aleutians,Kodiak Island Five (5) ts ectors for two-year terms to be elected by the quali?ed member municipalities ofthe League from each uneau atanuska-Susitna District 8:North Northwest Norton Sound District 10:Bristol Bay Aleutians Kodiak Island Director At-Large one (1)director for a one-year term to be elected at-large by the qualified member municipalities of the League from any of the ten director districts. National Association of counties (NAcol Representative (two-year term)Must be a NACo member Borough. Qualification of Candidates A candidate for officer or a rector position must be a mayor or an elected member of the governing body ofthe individua|'s member municipality. Method of Nom na on Nomination of an e igi le candidate must be made byr nga “Declaration of candidacy and Financial Commitment”form prior to the meeting ofthe Nominations committee.Candidates may also be nominated from the floor at the annual meeting. Deadline for 2019 BOD beclara n of candidacy Declaration of candidacy forms must be returneci to the AML office via mail or fax by 4:30 p.m.Thursday 11/8/18, or by hand no later than 5:00 p.m.Wednesday11l14/18 at the Annual conference registration desk.ueclarations of candidacy form can be download above oryou can call the AML office at 1-877-636-1325. AGENDA ITEM #13.E.2. Assembly Approval Of An Assembly Candidate To The Alaska Municipal Leagu...Page 153 of 167 Pat Branson President Mayur Qty ofmdlak 710 Mlll Bay Road Kadlak,AK 996|5 mayor @c1ty kodlak ak us Jan Hill Dlstrlctl Mayur Hames Barougn P 0 box 1209 Halnes‘AK 99227 Jnnllrenamesakus Jesse Klehl DI5trl(t 2 Assembly Member my &Eorough of Juneau 155 Seward 5: Juneau,AK 99301 Jesse krenlzoruneauor Alaska Municipal League Local Government At Its Best Karl W. Kassel Flrst VICE President Mayor Fairbanks Nurth Star aorougn P 0 Box 71257 Fairbanks,AK 99707 mayor@fnsb us Lisa Parker Dlstrltt 3 (ourml Member my ofsoldotna 177 N Elrttl Street Suldoma,AK 99669 léoarker@soldarnaorg About AML ,“ll 3%; Tlm Navarre Seto?d VICE Presldent Counml Member cuy avKenal 21o mangoAve Karla:AK 99611 nmnauarre@gmau (om Stuart R. Graham Dlslrltt 4 (Dlmtll Member my bvwasma 290 East Hernmg Ave wasmaAK 99554 smgral1am@gmall (omssembly Member Pete Petersen Dlstrlct 5 Audrey A. Brown DlS[H(l E Mummpallty of Ammmge Cotmzll Member P 0 Box 195550 OW0199'“ Anenorage,AK luncllon 995,9 PO Eox 229 petersenp@mum org Delralunman,AK 99737 1alaskaI@usa net AGENDA ITEM #13.E.2. Assembly Approval Of An Assembly Candidate To The Alaska Municipal Leagu...Page 154 of 167 Vacant smrr smHey@K1bassemmyI)avgAKasaua Dlstnct 8 Jim Matherly D(stn(t7 hard Robb 1Drsmcr955°“5""9}! Dlsmct 10 Mayor my ofFa\roanks Mayor sun cushmarr my olliemel “559‘““WMwbe’ Street PO Box 1325 K°d‘5k ‘5‘5”” Farrbanks,AK Bemek AK 99599 B°’°“E“ 99701 rrabb@:m/nfbemm he?”W‘Bay ROW hnarIrer\y@la«roanKs us K°d‘ak'AK SW5 »>»,r ‘v Bert Come Linda Hal Smalley Past PreSldEI\[Kathryn Murphy Past Presrdent (2010)Dodge Past President IZOM)NACU «(Z0 .5) Mayor Representative Assemmy Memoer my ovwasrha councnMernoer Kenar Penrnsma 290 Easr Hermng Assemmy Member Qty ofsmdoma Borough Ave rorroanks rxmth 177 N sum 9:144 N EmK\ey Wasma‘AK 99554 Szar Eorough somoma,AK 99559 Street 1xo:(\e@m wasruaaK ma0 Box 7v2e7 Hnda@:1erKworKsaK u?wdotrva,AK 99559 nsmaHey@Kpb us D )im Hunt ‘?"°"AMMAM'“h9"Representative Jm D°|a"AGFOA AMAARepresentativeRManage,my M epresemanve Seward Exemnve Drrecror P 0 BOX ‘57 Borough AttorneyA\asKa rvmrmoar Rwbam NmhSeward,AK 99664 5°"53"“rhunrencrryorseward ng§-r Emu HAumomyP;Box 75257 PO Bummmg Farroarrks AK juneau,AK 99301 99707 ' oeven m\tcheH@a\asKa gov JDo‘an@mSb Us Fairbanks,AK 99707 KdodgeC->fnsnus Jim Styers AFCA Representative Fwe (mef Fairbanks ?re neparrmenr Hm Cushman Street Fairbanks,AK 99701 rsryersevfarrbarrks us Bryan Zak Clay Walker Dlretmr AP Vmmedrate Past Wge Presrdem Mayor May” my 0,Hwy nenah Borough P o Eox 430491EProneerAve Heaxy,AK 99743 Wmakmo‘mm cvva\ker@dena\4boraugh com Nova Javier.ghafllies MMC NLaCv|son AAMC RepresematrveRepresematrve Borough dark Conner!Merhoer Kodmk mam Qty uf Kodrak Bamugh 7IO MXHBay Road Kodxak AK 99615 crati?ptwaiaska Net 7IO MXHBay Road Kodxak AK 99615 nrar/rereakoorakakus Ma rty McGee AAAO Represerrtanve State Assessor State ofA\asKa — nceeo ssow 7m Smte (770 Anchorage,AK 99931 many m:gee@a\aska gov AGENDA ITEM #13.E.2. 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E m _u q m m E m 3 Em m a m m m. m_ _ co m a Em m z s u m ma n m. Em m: : c m _ uc m i m m m Em m z s u . qm u q m m m i m Em >_ m m x m _< _ E _ _ o _ v m _ _. m m n _ . _ m E m_ _ o3 n _ m _ nm u m o = _ m m _ ma m mu _ u o _ : . m oo 3 3 _ = m m m . mm v_ . o < E m a E Em m m c< _ m < < m . zo n_ . m m E m : _ 3m < cm m_ _ E_ m 8 mm 2 m Eo q m Em : oz m 3 oo : m m n . . _ = < m . E: .m : . : . ._ . E m E6 " <_ n m - _ u _ . m m E m 3 oE m = m Em _» m m o _ S 8 : m Oo 3 3 § m m ma n um a o z s m Em ac z m m 2 Em Pm m a m z . E Em _£ m m E m 3 . m mu m m z n m . ._ . : m _u _ _ . m ~ <_ n m . _u _ . m m a m : » m= m _ _ .. _ = m <m o m : o < E Em oa o m 3 _u q m m E m : . 8a Em :: m x _ o _ _ . m a 83 . . ._ . ? m » mc o n m m m m o z mg . . . :2 _2 o z _ % mm 2 _ n m 8. . Em mc c w m n c m a E: 8: : mm _u n m m a m 3 . ._ . E m mm n o z a <_ o m - _ u _ . m m E m 3 m: m _ _ um a o n s Em Ez o z o s m 2 mm Q m 8 2 \ . _ . _ . m m m _ = m ~ 8 Em co m a ma n m_ . . m _ _ o_ . . m = . 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E m _ am m n a u . ._ . : m mx m n : : < m m_ _ . m o 8 . 3m < 2. aE m q rm m m c m ao m a a a m . mm $a c _ _ m _ § _ _a < Em ma m a . >w : a _ . m <_ >: : : m _ m- a m_ a m a _ m _ _< _ m m m : a m 2 Em rm m m c m ._ . _ . m mx m a E _ < m _u _ _ . m n 8 _ . mE m _ _ am : 8 Em o= . _ n _ m _ 23 3 3 a mm o : 3m 3 a m _ . :. _ E . _ _ a _ _ u m _ = < . m m_ x . < 88 am < ao z a m 3 Em ma m m_ . a u_ m n m 2 Em m: _ . _ : m _ Bm m a a m . > nc a a a 3. . Em m: : : m _ Bm m z a m m: m _ _ am mm . m c = m _ . _ m a 3 Em au m a a m mm w w m a z . > m= : u _ m 3m _ . a _ . = < S Em _. _ . _ m 3 _ a m _ . :. _ : : _ a _ u m _ = _ m m <. E _ o : Em < m AGENDA ITEM #13.E.2. Assembly Approval Of An Assembly Candidate To The Alaska Municipal Leagu...Page 159 of 167 AGENDA ITEM #13.E.2. Assembly Approval Of An Assembly Candidate To The Alaska Municipal Leagu...Page 160 of 167 Gt ». mm n m o s ‘_ . mm n a o z N. wm n z o : 9 .u _ : m : o m w ._ . : m mm n m _ <m m « 3 Em rm m u c m m: m _ _ cm .4 0 3 .E _ < A8 .: 5 m 8. ._ . _ . _ m mx m o : . _ < m _u = . m o 8 _ . mE m _ _ ua m u m a m ma n 25 3 . . 8 Em wo m a n 2 U: m n 8 q m Sq mE u _ . o < m _ _ m: m: : _ . _ m _ 9. 8 9 m. _m m m ~ 26 AB Em m x m 2. 2 8 Em _m m ~ _. m m : _ m _ . Em m z z o 2 Em co m a . u_ . _ o « 8 Em n: _ . _ . m 3 mm o m _ <m m n . ._ . E m mx m o S _ < m _u . _ 1 m o . o _ . mE m _ _ oo _ _ m n » ma n a_ m _ u . = m m m_ _ Bo a m m 2 Em rm m u c m xm m u .5 mn o o c a m Sa n : mg : m" m_ _ Ed m m cm cu m : 6 Em Em u m o m o a 2 Em ma m a R U_ _ . m o 8 _ . m . ._ . : m mx m o : : < m 93 0 . 2 m: m _ _ _. _ m < m Em m: E o _ . = < 8 ma : m_ _ o_ . _ m o x m . Ed a m . ao n m m . << m : . m : . m . ma n m_ _ oE m _ . m 3. . 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Assembly Approval Of An Assembly Candidate To The Alaska Municipal Leagu...Page 162 of 167 .5 ma m a . m3 . mo q o c u s 92 3 Oo a m2 0. ? 2 mx s o x xo a m x _m _ m : . . , _ wo a c u y _. m _ $ m_u m : . : m : _ m wo _ . o : m : 0. 2 2 29 2 mE < m : o x 0. 2 3 O: N . : E m 0. 2 3 no : :2 5 3 c= m _ m m x m 05 . ea os a a x O5 2 U_ _ = : o : m 3 0. 2 2 3. 3 _u m m m 0. 2 2 xo e m x O3 . 2 _< _ m = o _ 8 . m x 92 S zo = % _ § _ 0. 2 S 2. 2 _u o _ _ . : 3 mm z q no . 3 0. 2 3 o_ m . _ & no . 3 0. 2 3 me m e ? 0. ? 3 .9 6 oo < m 0. 2 S rm a m m z wm < Q2 2 zm < < _ . . m _ m _ . _ Q2 2 O5 :3 2 0. 2 3 va n Im a m : O5 . 3 ._ . o o _ m x AGENDA ITEM #13.E.2. Assembly Approval Of An Assembly Candidate To The Alaska Municipal Leagu...Page 163 of 167 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 1, 2018 ASSEMBLY SPECIAL MEETING Kodiak Island Borough SUBJECT: Appointment Of The Voting Delegate For The Kodiak Island Borough At The Alaska Municipal League Business Meeting. ORIGINATOR: Daniel Rohrer RECOMMENDATION: Move to appoint Assembly member _________________________ as the voting delegate for the Kodiak Island Borough at the Alaska Municipal League Business Meeting. DISCUSSION: The Kodiak Island Borough is a member of the Alaska Municipal League and sends delegates to attend the annual conference each year. An important part of the Annual Local Government Conference is to discuss and approve the AML Legislative Priorities, Position Statements and adopt Resolutions on key legislative issues. The process is completed at the Annual Business Meeting on Friday, November 16th at 9:00 a.m. where the membership will review and adopt the 2019 documents. Although multiple attendees are sent to AML and all members could be in attendance during the annual business meeting, the Kodiak Island Borough is entitled to only one vote. In the past, the Mayor served as the voting delegate for the Borough. He is unable to attend the business meeting, discussion is important so that the person who will be voting on behalf of the Borough knows the official position of the majority of the Assembly. The following members will be in attendance during the business meeting: Julie Kavanaugh and Scott Smiley (serves on the AML Board). ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.E.3. Appointment Of The Voting Delegate For The Kodiak Island Borough At The ...Page 164 of 167 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 1, 2018 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Declaring A Seat Vacant On The Service Area No.1 Board (Mr. Bill Mann). ORIGINATOR: Karen Siador RECOMMENDATION: Move to accept, with regret, the resignation of Mr. Bill Mann effective immediately from the Service Area Board No. 1 for a term to expire December 2020, and direct the Borough Clerk to advertise the vacancy per Borough code. DISCUSSION: 2.100.070 Vacancies. A. Other than by expiration of the member’s term, the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.E.4. Declaring A Seat Vacant On The Service Area No.1 Board (Mr. Bill Mann).Page 165 of 167 = .m 2. 5 .5 3 .. m w _ . m n 33 _3: 3 83 % . . 3< _. m m _ m : m 2 o : 3. 0 3 mm q s n m >« m m zo . Hma m a 95 8 o: . m _ . no = : : : 3 m : G . = :3 cm m : m3< < m _ . n _ _ : m 3m 8 32 ¢ on 2: . . . ma m a . 3 F _u . _ . —._ * 9. . . ! .r .. . . ml .» U C _ . b . . A >r . . . . . : , > Il l )1 ! ! ! m_ _ . _ . _< _ > z z ma m » mu z c n m n> _ u m xo > o _6 c _ > x . >x 88 m om m . _< _ m < o _ . ma n >u m m 3 c _ < Em a c m n v AGENDA ITEM #13.E.4. Declaring A Seat Vacant On The Service Area No.1 Board (Mr. Bill Mann).Page 166 of 167 Revision Date: 10/19/2018 Revised by: ks SERVICE AREA NO. 1 BOARD KODIAK ISLAND BOROUGH NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Scott Arndt PO Box 76 Kodiak, AK 99615 2020 481-3745 481-3333 (Fax) 414-791-3745 Call instead of email Paul Hansen PO Box 663 Kodiak, AK 99615 2021 486-8129 486-5992 Craig DeHart 3843 Coho Circle Kodiak, AK 99615 2019 539-1750 kodiakdehart@gmail.com Jay Baldwin 3343 Eider St. Kodiak, AK 99615 2021 486-2720 942-0386 942-0386 kodiakjay@yahoo.com Bill Mann 3454 Spruce Cape Road Kodiak, AK 99615 2020 486-4362 wmann58@icloud.com Mike Sirofchuk PO Box 970 Kodiak, AK 99615 2020 486-6498 yellowporcupine@gmail.com Dennis Symmons PO Box 8957 Kodiak, AK 99615 2019 486-1045 654-1045 symmypoo@gmail.com This board is governed by Kodiak Island Borough Code 4.70 EF DIRECTOR, PHIL KOVACS 486-9357 pkovacs@kodiakak.us EF SECRETARY, MARTHA BARNETT 486-9343 mbarnett@kodiakak.us ENGINEERING AND FACILITIES DEPARTMENT 710 MILL BAY ROAD ROOM 224 KODIAK, AK 99615 STAFF: AGENDA ITEM #13.E.4. Declaring A Seat Vacant On The Service Area No.1 Board (Mr. Bill Mann).Page 167 of 167 Kodiak Borough Assembly Regular November 1, 2018, i Borough Assembly.: PLEASE ANNOUNCE- Please remember to tura off ringers on your cell phones or put the on vibrate. 1. INVOCATION Major Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE — Mayor Rohrer. 3. ROLL CALL KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly member Symmons who is absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda. Recommended motion: Move to amend the agenda by adding under "Other Items" the letter addressed to the US Department of Transportation regarding the Alaska's MN Tustumena Replacement Project. Clerk's note: A copy of the letter is attached on JMj paper. (Per KIBC 2.30.060, A subject not on the agenda may be considered only by unanimous consent which means everyone present must vote yes). ROLL CALL VOTE ON MOTION TO AMEND. VOICE VOTE ON MOTION AS AMENDED. 5. APPROVAL OF MINUTES — None. 6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. 71ease ask speakers to: 1. sign in 2. state their name for the record 3. turn on - microphone before speaking address4. . Assembly thereof Kodiak Island Borough November 1, 2018 111 Assembly Guidelines Page 1 7. AWARDS AND PRESENTATIONS A. Update On The EPA Brownfield Assessment Grant: Area -Wide Planning — Daniel Mckenna-Foster, Associate Planner, Community Development Department. 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2019-01A Amending Ordinance No. FY2019-01, Fiscal Year 2019 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects Recommended Motion: Move to adopt Ordinance No. FY2019-01A. Staff Report — Manager Powers. Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. 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. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Contract No. FY2018-32 Approving a 55 -Year Lease to Fire Service Area 1. Clerk's Note: The motion is on the floor which is to "move to authorize the ,Vanager to execute Contract FY2018-32. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines November 1, 2018 Page 2 Contracto 49 F M .k for Building it Services !r"uterk's Plote: lire rnotinn is on 'Hie fioio,r ' rb ch ,t!; t:, "Move to atithori e t re 'tar a� gf'.W to !. e w rte it;'r.:mtract y"2019-05." Staff Report — Manager Powers, Assembly discussion. ROLL CALL VOTE ON MOTION. 13. NEW BUSINESS A. Reorganization of the Kodiak Island Borough Assembly 1. Election of the Deputy Presiding Officer,. Recommended Motion: Move to nominate Presiding Officer. Staff Report — Borough Clerk Javier. Assembly discussion. ROLL CALL VOTE ON MOTION„ B. Contracts — None. as Deputy C. Resolutions 1. Resolution No. FY2019-11 Adopting a State Legislative Capital Improvement Projects Priority List For the 2019 Legislative Session. Recommended Motion: Move to adopt Resolution No. FY2019-11. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. D. Ordinances for Introduction — None. Kodiak Island Borough Assembly Guidelines November 1, 2018 Page 3 E. Other Items 1. Assembly Review and Taking Official Action In Support To The Following Alaska Municipal League Resolutions: Resolution No. 2019-01 Supporting the Alaska Municipal League's Stated Principles. Resolution No. 2019-02 Supporting the Alaska Municipal League's Stated Priorities. Resolution No. 2019-03 Supporting the Development of a Community Dividend. Resolution No. 2019-04 Requesting that the Alaska State Legislature Fund the Senior Citizens/Disabled Veterans Property Tax Exemption as Required in AS 29.45.030 (g). Resolution No. 2019-05 Supporting Full Funding from the State of Alaska for School Bond Debt Reimbursement and State Aid for Construction in Regional Education Attendance Areas. Resolution No. 2019-06 Supporting Legislation Adopting Real Property Sales Disclosure in Alaska. Resolution No. 2019-07 Supporting Increased Investment in the Alaska Renewable Energy Fund, and Continued Support for Existing State Energy and Energy Efficiency Programs. Resolution No. 2019-08 Supporting the State's Implementation of a Broad -Based Tax. Resolution No. 2019-09 Requesting that Title 29 be Amended to Remove the Audit Requirement for Community Assistance, and Provide a One -Time Waiver of Past Audit Requirements; Thereby, Releasing all Outstanding Community Revenue Sharing/Assistance Funds. Resolution No. 2019-10 Encouraging the Governor and Legislature to Increase Capacity Within the Office of Management and Budget to Evaluate Costs to Communities of State and Legislative Budget and Legislative Actions, and to Include a Municipal Impact Fiscal Note in All Relevant Legislation. Resolution No. 2019-11 Requesting From the Governor and Alaska State Legislature Provide a One -Time Payoff of PERS Delinquencies and Debt. Resolution No. 2019-12 Supporting the Public Employee Retirement System (PERS) Reform. Resolution No. 2019-13 Supporting Changing the Transferability of Limited Entry Salmon Permits by Allowing an Additional Name on the Permit. Resolution No. 2019-14 Supporting Full Funding ($7,409,439) for the State of Alaska Municipal Harbor Facility Grant Program in the FY2020 State Capital Budget. Recommended Motion: Move to support to AML Resolution No. 2019-01. Resolution No. 2019-02, Resolution No. 2019-04, Resolution No. 2019-07, and Resolution No. 2019-10. Assembly discussion. ROLL CALL VOTE ON MOTION. Notes The Assembly would have to vote on these (Resolutions individually Kodiak Island Borough Assembly Guidelines November 1, 2018 Page 4 Recommended Motion: Move to support to AML Resolution No. 2019-03. Assembly discussion. ROLL CALL VOTE ON MOTION. Recommended Motion: Move to support to AML Resolution No. 2019-05. Assembly discussion. ROLL CALL VOTE ON MOTION. Recommended Motion: Move to support to AML Resolution No. 2019-06. Assembly discussion. ROLL CALL VOTE ON MOTION. Recommended Motion: Move to support to AML Resolution No. 2019-08. Assembly discussion. ROLL CALL VOTE ON MOTION. Recommended Motion: Move to support to AML Resolution No. 2019-09. Assembly discussion. ROLL CALL VOTE ON MOTION. Recommended Motion: Move to support to AML Resolution No. 2019-11. Assembly discussion. ROLL CALL VOTE ON MOTION. Recommended Motion: Move to support to AML Resolution No. 2019-12. Assembly discussion. ROLL CALL VOTE ON MOTION. Recommended Motion: Move to support to AML Resolution No. 2019-13. Assembly discussion. ROLL CALL VOTE ON MOTION. Recommended Motion: Move to support to AML Resolution No. 2019-14. Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines November 1, 2018 Page 5 2. Assembly Approval Of An Assembly Candidate To The Alaska Municipal League Board of Directors District 10 Seat. Aecommended Motion: Move to approve the candidacy of Assemb member Scott Smiley to the Alaska Municipal Board of Directors, Distri 10 seat. Municipal3. Appointment Of The Voting Delegate For The Kodiak Island Borough At Th� Alaska .gue Business Meeting. Recommended Motion: Move to appoint Assembly member as the voting delegate for the Kodiak Island :•i• / Alaska MunicipalLeague Business Meeting. ■ a - #11��Illlllilll- III �;Illl Jill, III • mow. • Recommended Motion: Move to accept, with regret, the resignation of M Bill Mann effective immediately from the Service Area Board No. 1 for term to expire December 2020, and direct the Borough Clerk to adverti the vacancy per Borough • / ReplacementRecommended motion: Move to authorize the mayor to sign the lettz addressed to the US Department of Transportation regarding the Alaska s ■ '' - Kodiak Island Borough Assembly • • - _:. I III 11111 11111 pil I � 11 1 111 1 1111 1 Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: I ® sign in 2. state their name for the record 3. turn an the microphone before speaking 4. address all remarks to the Assembly as a body and not to any member thereof Announcements The next Assembly work session is scheduled on Thursd.y, November 8, 2018 at 6:30 p.m. in the School District Conference Room. The regular meeting scheduled on Thursday, November 15, 2018 has been canceled due to Assembly members' attendance to the Newly Elected Official and Alaska Municipal League Conferences in Anchorage, AK. The next Assembly regular meeting will be on Thursday, December 6, 2018, at 6:30 p.m. in the Borough Assembly Chambers. '-ffe encourage the public to sign-up online for E -notifications to get notified once the meeting packets are published. All meeting notices are available on the KIB website, posted on the KIB Facebook page, and are also posted at the library, Safeway, and Borough building. For those who do not have internet, you may call the Borough meeting notification line at 486-9315. Absentee -In -Person voting for the General Election is still ongoing in the Clerk's Office from 10 a.m. to 4 p.m. Monday to Friday until November 5. The General Election will be held on Tuesday, November 6, 2018. Polling hours are from 7 a.m. to 8 p.m. If you have any questions regarding absentee voting, please call the Clerk's Office at 486-9310. I I I III I 11111I 91# # �ek, 1�46 H 11=9 Q91i - Kodiak Island Borough Assembly Guidelines November 1, 2018 Page 7 I Kodiak Island Borough Office of the Borough Mayor 710 Mill Bay Road Kodiak, AK 99615 Phone (907) 486-9310 Fax (907) 486-9391 Email. dan.rohrer@kibassembly.org November 8, 2018 The Honorable Elaine Chao, Secretary U.S. Department of Transportation West Building, 1200 New Jersey Ave. SE Washington, D.C. 20590-9898 September 4 2018 RE: Alaska's MN Tustumena Replacement Project - Buy America Act Waivers Dear SecretaryChao: Kodiak relies on ferry service provided by the Alaska Marine Highway System, primarily the 54-year-old MN Tustumena. Unfortunately, the "Trusty Tusty" has outlived its useful life and needs .to be replaced to ensure continued safe and reliable ferry service for Kodiak and the Southwest Alaska region. We understand the State of Alaska has requested Buy America Act waivers for the Tustumena's replacement. We ask for your assistance in approving the waiver request in'a manner that will allow the new ship to go out to bid as quickly as possible. The ferry system literally provides a "highway" to Kodiak and is an integral, component of transportation, not just to Kodiak but throughout the Southwest Alaska region. Like much of Southwest Alaska, Kodiak is accessible only by water or air and people rely on the ferry as the most economical way to move between communities and the mainland: Kodiak is also home to the largest U.S. Coast Guard base in the country with, 2091 enlisted members who support search and rescue operations and enforcement for Kodiak's commercial fishing fleet. Many of our USCG service members and their families utilize the ferry during transfer season to move their, households to or from Kodiak Island. There are only two certified ocean class ferries in the Alaska Marine Highway System fleet' capable of making trips across the Gulf of Alaska ,to Kodiak and out along the Aleutian Chain to Unalaska/butch Harbor. The Tustumena has undergone several major and unexpected repairs in the last '5 years that resulted in extended periods of time with no fent' service to Kodiak and the Southwest region. Replacing the Tustumena continues to be a top priority for the Xodiak Island Borough and we urge you to approve the requested waiver so that the new ship can go out to bid as soon as possible. Thank`you for your attention to this matter. 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Ca -o ai L ?, i i 0Y Cf)Co cn rn W D N vi L-: L- j; 0 Co N 0 T N ari ,O w c C Cr 2 � C .0 n CL u, ca C aa) a) `m wKa O o O ii E c N a0 E -r E D D C O N O Cr CLCO mt �N� N O V T O 'D Q1 E � o Ce) (Do oC O C E O N Cr m L--0 > O p Z Meeting Type: A%eV�AW� Qe,�,�Aav Wt"ch.,)v �0� � Date: if , Please r i Please PRINTjour _name _!e ibl A 011 �Y .......... . . . ............... . Wf- View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2019, No. 12 November 02, 2018 At Its Regular Meeting Of November 1, 2018, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, December 6, 2018, At 6:30 p.m. In The Borough Assembly Chambers. AMENDED The Agenda By Adding The “Letter Addressed To The US Department Of Transportation Regarding The Alaska’s M/V Tustamena Replacement Project” Under Other Items On The Agenda. RECEIVED An Update On The EPA Brownfield Assessment Grant: Area-Wide Planning From CDD Associate Planner, Daniel McKenna-Foster. ADOPTED Ordinance No. FY2019-01A Amending Ordinance No. FY2019-01, Fiscal Year 2019 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. AMENDED, AUTHORIZED The Manager To Execute Contract No. FY2018-32 Approving A 55-Year Lease To Fire Service Area 1. AUTHORIZED The Manager To Execute Contract No. FY2019-05 Service Contract With The City Of Kodiak For Building Permit Services. ELECTED Assembly Member Skinner As The Deputy Presiding Officer. AMENDED, ADOPTED Resolution No. FY2019-11 Adopting A State Legislative Capital Improvement Projects Priority List For The 2019 Legislative Session. REVIEWED AND EXPRESSED Support To Alaska Municipal League Resolution No. 2019-01 Supporting The Alaska Municipal League's Stated Principles, Resolution No. 2019-02 Supporting The Alaska Municipal League's Stated Priorities, Resolution No. 2019-04 Requesting That The Alaska State Legislature Fund The Senior Citizens/Disabled Veterans Property Tax Exemption As Required In AS 29.45.030 (G)., Resolution No. 2019-05 Supporting Full Funding From The State Of Alaska For School Bond Debt Reimbursement And State Aid For Construction In Regional Education Attendance Areas, Resolution No. 2019-07 Supporting Increased Investment In The Alaska Renewable Energy Fund, And Continued Support For Existing State Energy And Energy Efficiency Programs, Resolution No. 2019-10 Encouraging The Governor And Legislature To Increase Capacity Within The Office Of Management And Budget To Evaluate Costs To Communities Of State And Legislative Budget And Legislative Actions, And To Include A Municipal Impact Fiscal Note In All Relevant Legislation, And Resolution No. 2019-12 Supporting The Public Employee Retirement System (PERS) Reform. FAILED TO EXPRESS Support To Resolution No. 2019-03 Supporting The Development Of A Community Dividend, Resolution No. 2019-06 Supporting Legislation Adopting Real Property Sales Disclosure In Alaska, Resolution No. 2019- 08 Supporting The State's Implementation Of A Broad-Based Tax, Resolution No. 2019-09 Requesting That Title 29 Be Amended To Remove The Audit Requirement For Community Assistance, And Provide A One-Time Waiver Of Past Audit Requirements; Thereby, Releasing All Outstanding Community Revenue Sharing/Assistance Funds, And Resolution No. 2019-11 Requesting From The Governor And View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Alaska State Legislature Provide A One-Time Payoff Of PERS Delinquencies And Debt, Resolution No. 2019-13 Supporting Changing The Transferability Of Limited Entry Salmon Permits By Allowing An Additional Name On The Permit, And Resolution No. 2019-14 Supporting Full Funding ($7,409,439) For The State Of Alaska Municipal Harbor Facility Grant Program In The FY2020 State Capital Budget. APPROVED Assembly Member Scott Smiley As A Candidate To The Alaska Municipal League Board Of Directors District 10 Seat. APPOINTED Assembly Member Schroeder As The Primary Voting Delegate And Assembly Member Kavanaugh As An Alternate Voting Delegate For The Kodiak Island Borough At The Alaska Municipal League Business Meeting. ACCEPTED With Regret, The Resignation Of Mr. Bill Mann From The Service Area No. 1 Board And DIRECTED The Borough Clerk To Advertise The Vacancy Per Borough Code. APPROVED A Letter Addressed To The US Department Of Transportation Regarding The Alaska’s M/V Tustamena Replacement Project.