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HomeMy WebLinkAbout2008-06-03 Library Commission PacketKENAI LIBRARY COMMISSIOI B:ENAI COUNCIL CHAMBERS JUNE 3, 2008 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 5: APPROVAL OF MEETYNG SUMMARY -- May 6, 2008 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Rasmuson Site Visit ITEM 6: a. Discussion -- Commission Participation in July 4th Parade b. Discussion -- Internet Safety Policy ITEM 7: REPORTS a. Director b. Friends of the Library c. City Council Liaison ITEM 8: COMMISSION COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of May 7 and 20, 2008. b. Letter from Congressman Don Young ITEM 11: ADJOURNMENT PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING: CAROL -- 283-8231 OR MARY JO -- 283-4378 Z'f'CM KENAI LIBRARY COMMISSOOI KENAI COUNCYL CHAMBERS MAY 6, 2008 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING'SUMMARY -- April I, 2008 ITEM 4: PERSONS SCHEDULED TO BE HEARD YTEM 5: OLD BU5YNES5 a. Discussion -- Library Consultant for Fundraising b. Discussion -- Library Expansion Proiect YTEM 6: NEW BUSINESS ITEM 7: REPORTS a. Director b. Friends of the Library c. City Council Liaison ITEM 8: COMMISSION COMMENTS/OUESTYONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of April 2 and 16, 2008. YTEM 11: I~ENAY LIBRARY COMMISSION KENAI COUNC%L CHAMBERS MAY 6, 2008 7:00 P.M. CHAIR EILEEN BRYSON, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Bryson called the meeting to order at approximately 7:05 p.m. Roll was confirmed as follows: Commissioners present: K. Heus, E. Bryson, R. Peters, M. Graves, C. Brenckle, C. Cook Commissioners absent: E. DeForest Others present: Library Director M. Joiner, Council Member H. Smalley A quorum was present. ITEM 2: AGENDA APPROVAL Bryson noted the following: ADD: 10-b. Memorandum -- Draft Ethics Ordinance MOTION: Commissioner Heus MOVED to approve the agenda including the above-mentioned laydown item. Commissioner Brenckle SECONDED the motion. There were no obiections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- April 1, 2008 Commissioner Heus noted under item 5-b, Jim Evenson should be Thor Evenson. MOTION: Commissioner Heus MOVED to approve the meeting summary of April 1, 2008 as corrected. Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None %TEM 5: OLD BUSINESS 5-a. Discussion -- Library Consultant for Fundraising Joiner noted the information included in the packet from the consultants. Heus reported there would be a meeting on Monday, May 12, 2008 at the library to create a logo and slogan for the fundraising campaign. 5-b. Discussion -- Library Expansion Project Joiner presented the drawings completed by Klauder and Company and an outline for the site visit on May 14, 2008 by the Rasmuson Foundation. It was suggested the site visit be publicized and refreshments be served. ITEM 6: NEW BUSINESS ITEM 7: REPORTS 7-a. Director -- Joiner noted the May report included in the minutes. 7-b. Friends of the Library -- Heus reported 50 people attended the Foreign Language Open House and noted there were three vacancies on the Friends Board. T-c. City Council Liaison -- Smalley reviewed the action agenda items from the April 2 and 16 City Council meetings. ITEM S: COMMISSION COMMENTS/QUESTIONS Several commissioners noted interest in the fishing rod loaner program. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of April 2 and 16, 2008. ITEM 11: ADJOURNMENT MOTION: Commissioner Heus MOVED to adjourn and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:12 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk LIBRARY COMMISSION MEETING MAY 6, 2008 PAGE 2 Ifern lob MEMORANDUM TO: Library Commission FROM: Mary Jo Joiner, Library Director DATE: 27 May 2008 SUBJECT: CIPA compliance Libraries in the United States that apply for and receive E-rate funds for telecommunications must be CIPA (Children's Internet Protection Act) compliant. We do have an approved technology plan on file with the Alaska State Library. While we have a Kenai Commuruty Library Internet Policy, I would like to see it revised to cover some of the "safety" issues more explicitly. I am including in your packet • a copy of our current policy, • a copy of `'Internet Safety Policy Guidelines" by Cathy Harris Helms • a sample policy developed for Alaska libraries by the Alaska State Library using the ivlidnight Sun Public Library as an example, aild • a sample CIPA policy primer. HB353 during the last legislative session generated much comment and discussion throughout the state. That bill would have mandated the use of filters in all libraries open to the public. I believe it is imperative that we have a policy that is fully CIPA compliant. This is a first step in developing that policy and will also be presented to the staff for input. Library Internet Policy Table of Contents • Crurent Internet Policies • Guidelines for Responsible hlternet Lse • Statement of Responsibility • A Special Note to Parents • Internet Offerings/Limitations Current Internet Policies Internet access shall be made reasonable, fair, and equitable to all users. Internet communications shall be considered private and confidentiality will be encouraged within the limits of a public environment, the technology, the equipment, and the requirements of law. Violations of library guidelines and engaging in certain prohibited practices in Internet use may lead to the suspension or revocation of Internet access through the Library. Ciuiueines for Kes(iutlSibie vse: It is expected that the user of the Internet: Sha11 make only authorized access to systems, NetWare, software, and databases for educational, informational, and recreational purposes only. Shall avoid the sending, receiving, and displaying of text or graphics that lnay be reasonably construed as sexually explicit or offensive. A written definition of what constitutes "sexually explicit" material is available at the front desk. Shall obey the Iaw and regulations in their application to copyright, licensed software and data. Shall be aware that violations of these guidelines for responsible use may lead to the suspension or revocation of your Internet access within the Library. Statement of Responsibility The Internet with its highly diverse and often controversial content is an unregulated resource and can be used only at your own risk. Beyond its home pages, Kenai. Community Library cannot conlrol the information found on the Internet and is not responsible for ifs accuracy, correctness nor its suitability. * A Special Pdote to ]~'arents Internet's "user friendliness" and intrinsic flexibility to access a wide range of well known and many lesser known information resources demands diligent and thoughtful parental supervision. It should be understood that the Kenai Community Library ca~mot act as a censor nor substitute parent. It is the responsibility of the p:urent to provide the oversight to ensw'e their children's use of the Internet in an appropriate and safe manner. I:eterret E2fferirrgs and Limitations: Library access to the Internet is available at work stations that use software designed to browse the World Wide Web (WWV~. Dial in access is not available through the library. You will need a current Kenai Community Library card in order to check in for computer use. You may use the computer one time per day, up to one hour. You may not use your own software programs on the library computers. This will help prevent computer viruses that are common on public computers. Bring your own used disk, formatted for ati1 IBM compatible PC, if you wish to save files. There is a system printer for printing at $.25 per page. Misuse of the computer or Internet access will result in loss of your computer privileges. Because of library scheduling, Internet-trained staff may not always be available. Reviewed with the Advisory Library Commission, 7 December 1999 Approved by Kenai City Manager, Richard Ross, 7 December 1999 Children & the Internet Article Two Carol Freas Page 1 of 6 From: Saved by Windows Internet Explorer 7 Sent: Tuesday, May 27, 2008 11:24 AM Subject: Children & the Internet Article Two ~y, ~$fT1cB`iCr'II1 1 1. Llk3rs'~t. Cjl "Internet Safety Policy Guidelines," by Cahty Harris FIeIms. ~1SS~1Gi~jtC3i0 An article that is part of "Children & the Internet: Policies that Work." k°II61.#tr L9~RARY A,S5C3CIA`l1(31sG r~sSac~air~r:Icr Li~r~rp. Suruce cr, ~taii~rer ~'"J~r f Inte~'net Safety Policy Guidelines by Cathy Harris Helms. Georgia Lib~'ary QuarteNly 40 not 19-23 Summer 2003. Reprinted with Permission In December. ?nn0, Congress passed the Cltildrer.'s Intemet Prctecticn P>ct ~CIPAI and ~e Neighborhood Children's Internet Protection Act (NCIPA). These laws, which went into effect in April, 2001, placed restrictions on the use of federal funding available to public libraries. See 47 U.S.C. §254. They mandated implementation of Internet safety policies and Technology which blocks or fliers certain materials from being accessed by children though the Internet. Before the Laws could go into effect, several groups, including the American Library Association, field suit challenging the constitutionality of the filtering component required of public libraries. In May of 2002, a three judge United States District Court panel struck down this portion of the law (requiring filtering in public libraries) as an unconstitutional violation of library pahons` First Amendment rights. American Library Assoc., Inc. v. United States, 201 F. Supp. 2d 401 (E.D. of Pa. 2002). The case currently is on appeal to the United States Supreme Court. United States v. American Library Assoc., Inc., Appeal No. 02-361. A decision is expected some tune this summer. Although the filtering component of CIPA was struck down and is currently unenforceable, the requirement of an Internet safety policy remains in full force. 47 U.S.C. §254(1)(A). A public library's Internet safety policy must address: (1) access by minors to inappropriate matter on the Internet and World Wide Web; (2) the safety and security of minors when using electronic maIl, chat rooms, and other forms of direct electronic communications, (3) unauthorized access, including so-called "hacking," and other unlawful activities by minors online; (4) unauthorized disclosure, use and dissemination of personal identification information regarding minors; and (5) measures designed to restrict minors' access to materials harmful to minors. Public libraries were required to hold a publicly noticed. open 5/27/2008 Children & the Iriternet Article Two Page 2 of 6 meeting to discuss the provisions of their proposed intemet safety policy prior to June 30, 2002. What should an intemet safety policy include? Public libraries should develop clear and specific policies for intemet usage based on input from and the needs of the communities they serve. The following are some guidelines for such a policy: * Your policy should provide equal access for all. * Make your policy content-neutral. * Specifically advise patrons, particularly parents of minors, whether filtering or blocking software or services is employed. * Clearly set usage rules (i.e., age limits, time limits, printing rights aid costs, whether group use is permitted on a single computer, the role and responsibilities of the parent, and the role of library staff). * Time, place and manner restrictions may be legitimately placed on computer use. * Your policy shcnld be consistent with other library behavior policies. Explain in detail what behaviors will cause intemet privileges to be limited or curtailed. * Tie your policy to your library system's Mission Statement. For example, if your Mission Statement encompasses "recreational" uses, but you only want your intemet computers used for "educational and informational" purposes, then you will need to explain and/or define these terms. If "recreational" use of i intemet access is allowed, then you should provide some specific guidelines on what is and is not permitted. * For CIPA purposes, specifically address: (1) access by minors to "inappropriate matter" (define this term); (2) safety and security of minors when using email, chat rooms and other forms of direct electronic cormnunications; (3) unauthorized access, including "hacking" and other unlawful activities by minors online; (4) unauthorized disclosare, use and dissemination of personal identification information concerning minors; and (5) measures designed to restrict minors' access to materials "harmful to minors" (define "minor" and "harmful to minors" consistently with Georgia law and specify your "measures"). * Consider providing a "code of conduct" or "etiquette guide" for using the intemet that includes specific "do's and don'ts." * Provide for an appeals procedure for any patron whose intemet use is limited or curtailed. * Impress upon your patrons that they are responsible for what they access online, and that parents are responsible for their children's intemet use. * Work with your attorney to ensure constitutionality. * Make sure your library board officially approves the policy. Keep detailed minutes of any meetings in which you discuss your policy. Make sure all patrons read and sign your policy before their first use; parents must sign for minors. 5/27/2008 Children & the Internet Article Two Page 3 of 6 * Once enacted, your policy should be stricfly and objectively enforced. * Distribute the policy to all patrons using the internet at your library. Also post the policy in prominent places. Other things to consider doing: * Develop websites linking appropriate chldren's websites or, at a minimum, provide a listing of appropriate websites for children. * Teach children and their parents how to use the internet safely. * Consider privacy screens or positioning computers to prevent passers-hy from viewing unwanted images. *Consider separating children's computers from adult computers. How do you enforce an internet safety policy? Library staff should never act as "internet cops." It is not and should not be the duty of library staff to monitor or censor what (i.e., content) patrons are accessing on the internet. Any such monitoring constitutes unconstitutional content-based censorship. When a patron accesses (or is suspected of accessing) unlawful materials via the internet, library staff should contact the appropriate law enforcement authorities to enforce the law, rather than attempt to enforce the law themselves. Knowing what materials are actually obscene or child pornography or "harmful to minors" (in the case of a juvenile) is extremely difficult and applicable statutory and case law are the only "true" guidelines. Thus, only courts have the authority to determine, pursuant to due process considerations, whether materials accessed online by a patron are actually obscene, child pornography or "harmful to minors." (Note the same analysis applies if a patron is sending (or is suspected of sending) unlawful materials via the internet from public library computers; library staff should contact appropriate law enforcement officials to enforce the laws.) Because it is not the responsibility of libraries to enforce the criminal laws regarding what may and may not be sent or accessed over the internet, library staff should not take action against a patron unless or until the law enforcerent authorities find a patron has violated the law. At that point, the library may take action to limit that patron's internet access on library computers. And if the courts ultimately determine a patron has violated the law, then that patron's library internet access privileges may be revoked entirely. Of course, library policy must also contain due process safeguards for any patron whose internet use has been limited or curtailed, so they are informed of the action taken against them and. of their right to appeal. That leaves for our consideration the guidelines for library staff to address legitimate time, place and manner restrictions on internet usage. These are essentially "behavioral" problems and should be addressed by library staff in the same way as other general library behavioral problems, such as making too much noise, inappropriate conduct in the library (i.e., sexual acts), and similar disorderly behavior. One rule you should keep in mind for general behavioral policies is that your policy must be sufficiently clear to put patrons on notice as to what behavior is and is not acceptable. A policy violates patrons' due process rights "if it is so vague and standardiess that it leaves the public uncertain as to the conduct it ;` prohibits." City of Chicago v. Morales, 119 S. Ct. 1849, 1859 (1999), quoting Giaccia v. Pemisylvania, 382 li.S. 399, 402-03 (1966); see also National Endowment for the Arts v. Finley, 118 S. Ct. 2168, 2179 5/27/?008 Children & the Internet Article Two (1998). Page 4 of 6 You may also encounter some problems in the "grey area" between illegal conduct and improper behavior. For example, what if a patron is suspected of sending inappropriate and unwanted, but not illegal images or email to another patron or to a library employee? In this situation, there is no illegal conduct to report to the law enforcement authorities for action. Instead, it is and should be treated as a behavioral problem, exactly as if the patron spoke inappropriate and offensive, but not illegal, words to another patron or to a library employee. The problem should be handled according to general library behavioral policies, which probably means library staff would investigate the matter and attempt to obtain confirmation, then privately confront the patron with the problem and seek confirmation from the patron of the behavior, and finally reprimand or take action against the patron if warranted. Again, due process concerns mandate a patron be provided with notice and an opportunity to appeal any adverse action taken. Similarly, a patron's internet usage may invade the rights of other patrons. Again, the problem should be handled according to general library behavioral policies. How does one investigate or preserve evidence of illegal or inappropriate behavior? This is a truly difficult question because it necessarily raises patron's privacy rights. The library should, on the one hand, make reasonable provision for the privacy of computer users on public terminals. Libraries must protect the confidentiality of electronic records identifying individual users and linking them to internet search histories, websites accessed, and other information concerning information retrieved or sought. On the other hand, Libraries may need to access this private information. in order to investigate and enforce library policy and law enforcement may need this information to enforce and prosecute violations of state and/or federal law. A "trail" of websites visited by a patron may be retained in the web browser's "history" (Microsoft Internet Explorer and Netscape) or "temporary internet files" folder (Internet Explorer) and provides one method of tracing a patron's actions. However, a patron can easily "clear" these methods of retaining websites if he or she has the requisite knowledge. Some browsers also retain information in arsximemory cache ~rveiscapej ana some websues vrsiteu enrpiuy cuuxtes which may oe ~racea on each computer. These sources also may provide information concerning patron's internet actions. Again, these sources can be cleared by the user or even turned off so as to not retain images or not accept "coolties." In light of patrons' privacy rights, your policy should clearly indicate that access to the internet at the library is a privilege and not an absolute right. Patrons should be forewarned that public library internet access computers are not private and library personnel may access "tracing" files, in one or all of the methods outlined above, to maintain system integrity and to investigate suspected violations of law or policy. In addition, patrons should be warned that other patrons may be able to access such information. Users should be fully aware that websites visited and images viewed may not be "private" because the library, and its access to the internet via computer terminals, is necessarily public in nature. Conclusion Educate and inform yourselves before a problem arises. If you are prepared, you can defuse many potential conflicts. When prepared, you have the luxury of time to educate your patrons, staff and community about proper and responsible use of the internet. * Be sure to keep records of alt internet use problems. Document inappropriate behavior, patron 5 /2 712 0 0 8 Clvldren & the Internet Article Two reprimands and/or curtailed internet privileges. Page 5 of 6 * Inform your Board and staff about filtering issues and train your staff how to handle various problems. (Especially if you employ a "tap on shoulder" enforcement procedure.) * Know how to access each computer's "history" files. * Institute procedures to follow if a patron is discovered accessing illegal material (i.e., notify police). * Test filtering software and services and document your test results. What resources are out there? * ALA website and related links (www.ala.org). Get the ALA's Internet Tool Kit (www.ala.org~/alaorg/oif/internettoolldt.html) and check out the online information about CIPA (www.ala.org/cipa). * Check out: www.getiietwise.org, www.netmom.eom, www.safekids.com Subscribe to ALA's listserves acid save all listserve e-mails in a special folder for reference. The apes I have found most helpful are: ALAWON and AL_NFWS. Check out the websites of the filtering proponents -- American Family Association (www.afaazef), Family Research Council. (www.fraorg) and Pacific Justice Institute (www.pacificjustice.org) -- to ' know what they're up to. For opposition to filtering, see Filtering Facts (www.filteringinfo.org), www.nofilters.org and www.ef£org/Censorship. * Stay informed about legislation. Check out materials such as COPA commission (www.copacommission.org/reports, independent reviews of filtering software and services (Consumer Reports)Q. Fihering software websites, such as: www.LTUtech.com. * For the complete text of CIPA, go to: www.cdt.org/legislation/106th/speech/001218cipa.pdf (Adobe Acrobat format) * For the complete text of the FCC's CIPA regulations, go to: www.fcc.gov/Bureaus/Common Carrier/Orders/2001/fcc01120.doc (MS Word document) * For SLD specific CIPA information, go to: wwwsl.universalservice.org/whatsnewl'~VIISC/CIPA051801.asp * Check out from DTAE the So1iNET videotape "What's A Librarian To Do? The Filtering Dilemma." Cathy Harris Helms is a lawyer with HELMS & HELMS, P.C. in Homerville, Georgia. Her email address is cathyhelms@helmslaw.com and her Web site is http://www.heims]aw.coml. Back t~ Childr~ci7 and !hc Internet: Polrciee thin Work main page 5/27/2008 Sample Internet Safety Policy for Alaska Public Libraries in compliance with CIPA Midnight Sun Public Library Internet Safety Policy Mission The mission of The Midnight Sun Public Library is to provide and promote open access to reading, cultural, intellectual, and informational resources for our community. Our library provides access to the Internet as one means of fulfilling its mission. All Internet resources accessible through the Library are provided equally to all users, with the understanding that it is the individual user's responsibility to demonstrate judgment, respect for others, and appropriate conduct while using Public Library resources and facilities. Use of the Internet constitutes agreement to comply with this policy. Internet Access The Internet is an unregulated medium. It also provides access to information that is inaccurate, illegal or that some may find offensive or disturbing. The Library may suggest specific Internet sites that have potential interest for Library users, but the Library cannot control a :.user's access to other Internet resources. The Midnight Sun Public Library has installed filters for Internet access, but no filtering system is completely effective or efficient. The filters on Internet terminals may restrict access to sites. that could be deemed objectionable, but may also limit access to sites that have legitimate research value As with all Library resources, the Library affirms the right and responsibility of parents/guardians, NOT Library staff, to determine and monitor their minor children's use of the Internet. (Minors are defined in this policy as children and ••-"•.". nnnnLn ~iniJ.+. +h.. of ~7..e.~rc \ Duero n+c ~nihn bel'evo th +tl~Ai nhilrJ scan yVU11y pcuNic w~uo~ uio age u~ i i ycw a./ ~ mwuo wuv u - a~ ~ .nr u~mu~..~~ cannot responsibly use the Library's Internet access are requested to monitor their children's Internet use. Internet computers may not be used by anyone, including minors, for illegal activity, to access illegal materials, or to access materials that by local community standards would be obscene. Library employees are authorized to take prompt and appropriate actions to prohibit use by persons who fail to comply with the Internet Safety Policy as stated or implied herein. Unacceptable Uses of Computers and Rules of Conduct Among the uses that are considered unacceptable and which constitute a violation of this policy are the following: 1. Uses that violate the law or encour visual depictions that are (1) obscene minors. >thers to violate the law. downloading child pornography, or (3) harmful to Tina/m iAniaht mm ('TPA iCP Sample Internet Safety Policy for Alaska Public Libraries in compliance with CIPA 2. Uses that violate copyright laws and licensing agreements. such as downloading materials that encourage others to violate the law; downloading or transmitting confidential, trade secret information, or copyrighted materials. 3. Uses that cause harm to others or damage to their property. Engaging in defamation, uploading any harmful form of programming, vandalism; or "hacking". 4. Uses that jeopardize the security of access of the computer network or other networks on the Internet, Altering the Library's computer settings; damaging or modifying computer equipment or software. 4. Uses that compromise the safety and security of minors when using a-mail, chat rooms and other forms of direct electronic communications: Giving others private information about one's self or others. Minor is defined as under age 17. B. Uses that Violate Confidentiality of Information: Personally identifiable information about users may not be disclosed or used in any way, except to law enforcement authorities as provided in the law. Response to Violations The user's access to the Library's computer network and Internet is a privilege, not a right. Failure to comply with this policy and its procedures will result in the forfeiture of the user's right to access these computers. Responsibilities off Library Staff and Users Library Sian viii not ritoriior a user's interr7et use, excepi for ierigth 6f use in order to ensure equal opportunity of access for everyane. The user, or the parent of a minor, is responsible for his or her Internet session at all times. The Library reserves the right to terminate an Internet session that disrupts library services or that involves user behavior that violates the Library's policies. Disclaimers While the Library endeavors to provide access to information of the highest quality, the Library specifically disclaims any warrant as to the information's accuracy, timeliness, authoritativeness, usefulness or fitness for a particular purpose. The Library will have no liability for direct, indirect or consequential damages related to the use of information accessed through the Library's Internet service. The Library, having approved this Internet Safety Policy in compliance with the Children's Internet Protection Act, will have no liability for damages related to the operation of, or failure of, any filtering software, or for its circumvention by users. Dina hn i~inioht mm ('IPA iSP Sample Internet Safety Policy for Alaska Public Libraries in compliance with CIPA Since software and information downloaded from any sources, including the Internet, may contain computer viruses, users are advised to utilize virus checking software on their home computers. The Library is not responsible for damage to users' disks or computers or for any loss of data, damage or liability that may occur from use of the Library's computers. Publicly discussed and adopted by the Midnight Sun Library Board, signed ,April 7, 200X, President of the Board (portions of this policy were adapted from: Newark Public Library, New Jersey State Library, The Indian Valley [Ohio] Local School District and New Mexico State Library) Tina/midniahf enn ('iP4 7CP Internet Safety Policies and CIPA: An E-Rate Primer for Schools and Libraries Prepared by E-Rate Cenfral The Children's Internet Protection Act ("CIPA"), enacted December 21, 2000, requires recipients of federal technology funds to comply with certain Internet filtering and policy requirements. Schools and libraries receiving funds for Internet access and/or internal connection services must also meet the Internet safety policies of the Neighborhood Children's Internet Protection Act ("NCIPA") that addresses the broader issues of electronic messaging, disclosure of personal information of minors, and unlawful online activities. Introduction to CII'A Compliance CIPA (and the associated NCIPA) requirements for E-rate purposes are governed by rules promulgated by the Federal Communications Commission ("FCC") and administrated by the Schools and Libraries Division ("SLD"). The basic FCC rules are summarized below. 1. Applicability: CIPA compliance is required for any school or library receiving 1;-rate funds for three of the four eligible service categories -Internet Access, Internal Connections, and Basic Maintenance. Applicants for Telecommunications services only, are exempt. L. limin i ull compliance is required in an applicant's second year of funding after CIA's enactment. For most applicants, Phis was the ffth E-rate program year ("PYY' or "FY 2002") beginning July I, 2002. For the preceding year, an applicant needed only to certify that it was "undertaking actions" to be in compliance for the second year. 3. Filtering: CIPA requires the implementation of a "technology protection measure" -generally referred to as an Internet filter - to block access to visual depictions deemed "obscene," "child pornography," or "harmful to minors:' >^'iltering is required for all of an Israte recipient's Internet-enabled computers whether used by minors or adults. For E-rate funding purposes, filtering for adult Internet usage can be disabled for "bona fide research or other lawful purpose."~ ~ The terms "obscene," "child pornography," and "harmful to minors" are strictly and legally defined (see footnote fo the sample Internet Safety Policy in Appendix B). ~ Although the ESBA and LSTA sections of CIPA permit the disabling of Filters for both adults and minors, no such disabling provision for minors is included in the Eaate section (SEC. 1721). No provision, The FCC has not established any standards with regard to the type or effectiveness of Internet filters required for CIPA compliance. 4. Internet Safe Polic CIPA requires the adoption and enforcement of an '`Internet safety policy" covering the filtering discussed above' For schools, the policy must also address "monitoring the online activities of minors."4-- NCIPA provisions, applicable to E-rate recipients, also require a policy addressing the following five components: • Access by minors to inappropriate matter on the Internet and World Wide Web; • The safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications (including instant messaging); • Unauthorized access, including so-called `hacking,' and other unlawful activities by minors online; • Unauthorized disclosure, use, and dissemination of personal identification information regarding minors; and • Measures designed to restrict minors' access to materials harmful to minors.'- Prior to adoption, CIPA requires that "reasonable public notice" and "at least one public hearing or meeting" be held to address the proposed Internet safety policy. The FCC has not established any specific criteria for evaluating an Internet safety policy, nor has it set any specific standards for what constitutes reasonable public notice or a public meeting. 5. Certification: The only specific compliance requirement established by the PCC is that an E-rate applicant must certify that it is in compliance with the CIPA provisions summarized above. Certification is required only after funding is awarded by filing a Form 486 indicating receipt of services ~ Certification is required annually. however, prevents schools and libraries from setting different levels of filtering for minors on an age- detenninant orindividual use basis. ~ In addition to fhe three types of material that must be blocked, CIPA explicitly permits schools and libraries to block any content deemed inappropriate for minors by local standards. ° "Monitoring" appears to require only supervision, not technical measures. Specifically, CIPA does not require "tracking of Internee usage by any identifiable minor or adult user." ' Notjust visuat depictions. 6 Members of a consortium must certify status on Form 479s that must be submitted to the consortium leaders before the leader files a consortium-wide Fonn 486. Page 2 Internet Safety Policies and CIPA: An E-Rate Primer for Schools and Libraries 6. Enforcement: No specific enforcement provisions, other than applicant certifications, have been established by the FCC. The only two principles of enforcement are: • No Universal Service Pund payments will be made on behalf of any applicant that does not file the requisite certifications; and • If certifications are found to be false - as determined by subsequent review or audit- applicants will have to reimburse the Pund for any funds and discounts received for the period covered. Internet Safety Policy Guidelines Although neither the FCC nor the SLD has established specific criteria for an Internet safety policy, certain practical guidelines can be suggested as a means of complying with the CIPA policy requirements. Basic Components of aCIPA-compliant Internet Safety Policy: At a minimum, to fully comply with the spirit of the Internet safety policy requirements for E-rate funding, four key guidelines should be met. 1. The policy should apply to both minors and adults. Although called the "Children's Internet Protection Act" and requiring specific protections for minors, CIPA clearly applies to certain aspects of adult usage as well. Therefore, the policy should deal with both staff and students (or library patrons). As discussed below, a student Acceptable Use Policy may not fully suffce. 2. The policy should specify use of an Internet filtering mechanism to, at a minimum, block access to the three categories of visual depictions specified by CIPA -obscene, child pornography, and harmful to minors. Conditions and procedures should be incorporated under which filtering can be disabled (for adults) or made less restrictive (for minors). 3. The policy should emphasize staff responsibilities in supervising online activities by minors. This provision is needed to meet the "monitoring" requirement imposed on schools (but also appropriate for libraries). 4. The policy should address the NCIPA issues for minors (but is also appropriate for adults). As discussed above, these issues concern the safe use of e-mail and other forms of electronic messaging, unauthorized disclosure of personal information, and unlawful online activities. A sample Internet safety policy, minimally addressing these four CIPA-related guidelines, is provided in Appendix B. Page 3 Internet Safety Policies and CIPA: An E-Rate Primer for Schools and Libraries Optional Internet and Network Policy components.' The sample Internet safety policy provided in Appendix B is designed solely to meet the basic E-rate requirements for CIPA compliance. Although not the primary purpose of this Primer, it should be noted that many schools and libraries may already have; or may wish to adopt, much broader policies addressing other Internet or network issues. A brief summary of other typical policy components is provided below. Several examples of broader policies are providedin the Internet links listed in Appendix A. 1. Statement of ob'ei etiye. Discussion as to the purpose and importance of the organization's computer network and Internet access. Access to these resources may be designated a privilege, not a right. 2. Penalties for improper use. Failure to adhere to network policies and rules may subject users to warnings, usage restrictions, disciplinary actions, or legal proceedings. 3. Oruanizational responsibili and~rivacv. Disclaimers indicating that: • The organization does not warrant network functionality or accuracy of information. • The organization does not warrant the effectiveness of Internet'ffltering. • The privacy of system users is limited. 4. Acceptable use. Provisions dealing with such issues as: • Network etiquette. • Vandalism and harassment. • Copyrights and plagiarism. • Downloading (e.g., music files) 5. Web site. Special provisions dealing with the use and modifications of an organization's own Web site. 6. Personnel responsibilities. Designation of an organization's personnel who are responsible for various aspects of network and user administration and use. Review and Revision of Existing Policies: Many schools and libraries may have existing policies in place that fully, or at least partially, meet the CIPA requirements for an Internet safety policy. If a review indicates the need for a revision, the following suggestions are offered for consideration: I. Title. To indicate CIPA compliance, it would be useful to include the words "Internet safety policy" in the title or introductory text. Page 4 Internet Safety Policies and CIPA: An E-Rate Primer for Schools and Libraries 2. Snecific terms. Terminology may be important to CIPA compliance. a. Prohibited activity should specifically include access to material deemed "obscene," "child pornography," or "harmful to minors." b. Reference should be made to supervision or "monitoring" of online activities by minors. c. References to disabling of filtering should refer to "disabling or relaxing" for "bona fide research or other lawful purposes." 3. ~ecific prob]elns. Although not a CIPA issue, if may be appropriate to expand portions of earlier policies to deal more explicitly with problems recently faced by schools and libraries such as student and staff harassment, plagiarism, and copyright violations. 4. Adult usage. The policy should address usage by adults, not simply students and/or minors. Adult-oriented policies are becoming commonplace in corporate and governmental organizations w establish standards of behavior for network usage. 5. Companion policies. Schools, with an existing student-oriented acceptable use policy, may be able to adopt a broader, but simpler, Internet safety policy referencing the acceptable use policy. 6. Public hearing. Revised, CIPA-compliant, Internet safety policies should be adopted in apre-announced public meeting. A regular school or library board meeting, at which the policy adoption is listed in apre-released agenda, should be sufficient. Appendices: Appendix A - Intenet links for further information Appendix B -Sample, CIPA-compliant, Internet safety policy Page 5 Internet Safely Policies and CIPA: An E-Rate Primer for Schools and Libraries Appendix A Internet Links for Additional Information on CIPA and Internet Safety Policies CIPA Background • Full text of the Children's Internet Protection Act ht ://www.ifea:net/cipa.html • FCC regulations implementing CIPA; FCC 01-120 http~//www fec ~ov/Bureaus/Common Carrier/Orders/200llfcc01120.doc • Si.I'i'B FAQ Gii i-Pate Gertlf3eatlGn ~r0eed'ureS and tlmmg http~//www sl universalservice ors/reference/CIPAfag asn Internet Safety Policies and Issues • Resources from the American Library Association ("ALA") httro'//www ala orv/ala/washoft%woissues/civilliherties/cipaweblcipa.cfm • NTIA Study of Technology Protection Measures http~Nwww ntia doc eov/ntiahome/ntiagenel~Ucipa2003/CTPAreport 08142003.htm • Full text of the related Children's Online Privacy Protection Act ("COPPA") governing the operation of Web sites re. unfair and deceptive acts in connection with the collection and use of personal information from and about children htto•//www ftapov/oec/coppal.httn Page 6 Internet Safety Policies and CIPA: An E-Rate Primer for Schools and Libraries Appendix B Sample CIPA-Compliant Internet Safety Policy Note: The following Internet safety policy was developed by E-Rate Central solely Yo address the basic policy compliance requirements of CIPA and NCIPA for E-rate funding. Schools and libraries adopting new or revised Internet policies may wish to expand or modify the sample policy language {as suggested in the accompanying Primer} to meet broader policy objectives and local needs. Neither the FCC nor the SLD has established specific standards for aCIPA-compliant Internet safety policy and neither has reviewed, much less endorsed, this sample policy. Internet ~uafety Policy Ror <School or Library> Introduction It is the policy of <School or Library> to: (a) prevent user access over its computer network to, or transmission of, inappropriate material via Internet, electronic mail, or other forms of direct electronic communications; (b}prevent unauthorized access and other unlawful online activity; (c) prevent unauthorized online disclosure, use, or dissemination of persomal identification information of minors; and (d) comply with the Children's Internet Protection Act [Pub. L. No. 106-554 and 47 USC 254(h)]. Definitions Key terms are as defined in the Children's Internet Protection Act.` Access to Inappropriate Material To the extent practical, technology protection measures (or "Internet filters") shall be used to block or filter Internet, or other forms of electronic communications, access to inappropriate information. Specifically, as required by the Children's Internet Protection Act, blocking shall be applied to visua] depictions of material deemed obscene or child pornography, or to any materia] deemed harmful to minors. Subject to staff supervision, technology protection measures may be disabled or, in the case of minors, minimized only for bona fide research or other lawful purposes. Inappropriate Network Usage To the extent practical, steps shall be taken to promote the safety and security of users of the <Sehool or Library> online computer network when using electronic mail, chat rooms, instant messaging, and other forms of direct electronic communications. Specifically, as required by the Children's Internet Protection Act, prevention of inappropriate network usage includes: (a) unauthorized access, including so-called `hacking,' and other unlawful activities; and (b) unauthorized disclosure, use, and dissemination of personal identification information regarding minors. Supervision and Monitoring It shall he the responsibility of all members of the <School or Library> staff to supervise and monitor usage of the online computer network and awes to the Internet in accordance with this policy and the Children's Internet protection Act. Procedures for the disabling or otherwise modifying any technology protection measures shall be the responsibility of <Title> or designated representatives. Adoption This Internet Safety Policy was adopted by the Board of <School or Library> at a public meeting, following normal public notice, on <Month, Day, Year>. *~ CIPAdefinifionsofterms: TECHNOLOGY PROTECTION 1VIEASURE. The term "technology protection measure" means a specific technology that blocks or filters Internet access fo visual depictions that are: 1. OBSCENE, as that term is defined in section 1460 of title 18, United States Code; 2. CHILD PORNOGRAPHY, as that term is defined in section 2256 of title 18, United States Code; or 3. Harmful to minors. HARMFUL TO !MINORS. The term "harmful to minors" means any piemre, image, graphic image file, or other visual depiction that: 1. Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; 2. Depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated s¢;xual act or sexual contact, acwa] or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and 3. Taken as a whole, lacks serious literary, anistio, political, or scientific value as to minors. SEXUAL ACT; SEXUAL CONTACT. The terms'-sexual act' and"sexual contact" have the meanings given such terms in section 2246 of title 18, United States Code. Page 8 Internet Safety Policies and CIPA: An E-Rate Primer for Schools and Libraries rfem 10q. AGENDA KENAI CITY COUNCIL -REGULAR MEETING MAY 7, Zoos 7:0o P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLYC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLYC COMMENTS (3 minutes) YTEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) r /~ ~ 1. Ordinance No. 2287-2008 -- Amending KMC 14.20.200 (Accessory /"fir Structures) b_y 1) Adding a Secfion Restricting the Use or Storage of Conex-Type Structures in the Central Commercial and Residenfial Zones and 2) Requiring Accessory Structures be Built to Match the Primary Building on the Lot and 3) Providing for Temporary Use of Conex-Type Structures During Construction Projects and Incorporating the Existing Requirement that Accessory Structures Over 120-Square Feet Require a Building Permit. (Clerk`s Note: A motion to adopt Ordinance No. 2287-2008 was offered at the March 19, 2008 and the ordinance was then postponed. At the 4/2/08 council meeting, the ordinance was sent back to the Planning & Zoning Commission for additional review/recommendation and postponed until the May 7, 2008 council meeting for further council consideration. The motion to adopt is active.) /~ ~~ ~ 2. ,Ordinance No. 2300-2008 -- Donating Certain Foreclosed City-Owned Properties Described as Lots 1 - 5, Block 10, Mommsens Subdivision Replat of Addn. 1 8v 2 (Parcels 039-103-O1 Through 039-103-05), to Amundsen Educational Center for Construction of Housing. ~~j~ ~. 3. Grdinanee No. 2301-2008 -- Amending KMC 23.50.010(b) by Adding Two Class Titles to the Employee Classification Plan and Amending KMC 23.55.030(bj(1) to Allow the Police Chief to be Eligible for Advanced Certification Pay. ,/)~,/ ^ ~. ~ 4. Ordinance No. 2302-2008 -- Adopting Updated Zoning and Land Use /"~ ~`~`= Maps for the Comprehensive Plan for the City of Kenai. ,/J,~,~~; 5. Resolution No. 2008-23 -- Authorizing Sharing Cost Savings From the EGG Calendar Year 2007 Health Insurance Plan with Employees. ~d d w 6. Resolution No. 2008-24 -- Transferring $13,200 in the General Fund to ,~ Pay Taxes Due on Momrnsen Subdivision Property Described as Lots 1 - /~1~i'/G~~ • 5, Block 10, Mommsens Subdivision Replat of Addn. 1 8v 2 (Parcels 039- 103-01 Through 039-103-053). -/ 7. Resolution No. 2008-26 -- Repealing Resolution No. 2008-10 Which /R 7`JC~ ~ Awarded a Sole Source Contract to Procomm Alaska LLC to Equip the Kenai Fire Department with Hand Held Radios and Award a Sole Sou Contract to Motorola Inc. in the Amount Not to Exceed $54,000 to Purchase Hand Held Radio Equipment: ITEM F: MINUTES rce 1. *Regular Meeting of April 16, 2008. 2. *Notes of April 14, 2008 Budget Work Session. ITEM G: UNFINISHED BUSYNESS ITEM H: ~~/ 1. Bills to be Ratified ~~j^p (~~t . 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2303-2008 -- Enacting KMC 21.05.085 Establishing a Fuel Flowage Fee of Three Cents ($0.03) Per Gallon of Fuel Delivered to the. Kenai Municipal Airport. 4. *Ordinance No. 2304-2008 -- Amending the Official Kenai Zoning Map by Rezoning Approximately Six (6) Acres From Suburban Residential, Conservation, and Rural Residential to Rural Residential. 5. *Ordinance No. 2305-2008 -- Increasing Estimated Revenues and Appropriations by $35,000 in the Airport Special Revenue Fund and the Airport Storage Building Capital Project Fund for Bid and Construction Phase Engineering. 6. *Ordinaaoe No. 2306-2008-- Increasing Estimated Revenues and Appropriations by $70,000 in the Dock Improvement Capital Project Fund for Culvert Replacement and Paving. 7. *Ordanance No. 2307-2008 -- Transferring $71,731 in the General Fund and Increasing Estimated Revenues and Appropriatons by $71,731 in the Visitors Center Heating System Capital Project Fund to Replace the Visitors Center Heating System. 8. *Ordiaance No. 2308-2008 -- Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund Dock Department for Fuel. 9. *Ordinance No. 2309-2008 -- Increasing Estimated Revenues and Appropriations by $11,457 in the General Fund for Professional Services at the Mulfi-Purpose Facility. 10. *Ordiaance No. 2310-2008 -- Amending KMC 5.35.040 by Increasing the Minimum Distance Between Oil and Gas Well Drilling Locations and Residential or Commercial Buildings From 200 to 600 Feet Unless the Written Permission of the Owner is Obtained. ,,~~// 11. ,Approval -- Security Assignment of Lease/Lot 3, Block 3, Cook Inlet ~7'j-r>ved Industrial Air Park/Integrated Account Management, Inc. d/b/a Park and Associates and John C. Parker and Mane L, Parker. ~p~~ 12. Approval -- Security Assignment of Lease/Lots 7 & 8, Block 1 F.B.O. Subdivision/LOROC LLC. ITEM I: COMMYSSION/COMMYTTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. 'Library Commission 5. Parks 8v Recreation Commission 6. Planning 8v Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes} 2. 'Council ITEM M: PENDING LEGISLATYON (This item lists legislation which will be addressed at a later date as noted.) EXECUTIVE SESSION -- Annual Evaluations of City Clerk and City Attorney. ITEM N: ADJOURNMENT AGENDA KENAI CITY COUNCIL -REGULAR MEETING MAY 20, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMB httu: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: 1. ITEM C: ITEM D: ITEM E: 1. f 4 ~~ 1F" 1~t~ ~'~ A``ti5 i ~[t (1.X 2. -~ ~( ~_~ 4 ~; , ~~~,~ A.r,~ ~'7' ~~ i~l" SCHEDULED PUBLIC COMMENTS (10 minutes) Brenda Ahlberg, Executsve Director/Boys & Girls Clubs of the Kenai Peninsula -- Update UNSCHEDULED PUBLIC COMMENTS (3 minutes) REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2303-2008 -- Enacting KMC 21.05.085 Establishing a Fuel Flowage Fee of Three Cents ($0.03) Per Gallon of Fuel Delivered to the Kenai Municipal Airport. Ordinance No. 2304-2008 -- Amending the Official Kenai Zoning Map by Rezoning Approximately Six (6) Acres From Suburban Residential, Conservation, and Rural Residential to Rural Residential. 3. Ordinance No. 2305-2008 -- Increasing Estimated Revenues and Appropriations by $35,000 in the Airport Special Revenue Fund and the Airport Storage Building Capital Project Fund for Bid and Construction Phase Engineering. 4. 1 ~, , „~i~~ r~ " IX~' Ordinance No. 2306-2008-- Increasing Estimated Revenues and Appropriations by $70,000 in the Dock Improvement Capital Project Fund for Culvert Replacement and Paving. ~' S. I- Ordinance No. 2307-2008 -- Transferring $71,731 in the General Fund ~~ ~ ~~,~ ~<~ and Increasing Estimated Revenues and Appropriations by $71,731 in ~ pr"~ the Visitors Center Heating System Capital Project Fund to Replace the „i,_P- . Visitors Center Heating System. ~~~ .' 6. Ordinance No. 2308-2008 -- Increasing Estimated Revenues and , ~.- ~'r/ Appropriations by $40,000 in the General Fund Dock Department for / ~~ r CA~ Fuel. t,t j d ' 7. Ordinance No. 2309-2008 -- Increasing Estimated Revenues and ~' Appropriations by $11,457 in the General Fund for Professional Services ~.~, ff~ ~'-. i at the Multi-Purpose Facility. 14fJ t ,tip ..^ 8. Ordinance No. 2310-2008 -- Amending KMC 5.35.040 by Increasing the hD l 1 .Minimum Distance Between Oil and Gas Well Drilling Locations and l ~._r ~y l % ~'~ Residential or Commercial Buildings From 200 to 600 Feet Unless the ~)~1/r ;«1~ Written Permission of the Owner is Obtained. F i}} 1 9. Resolution No. 2008-26 -- Authorizing the Purchase of 12.5 Acres of ~ ~ / ' } %~ ~ Property Described as Tract Al, Birch Fields Subdivision, Kenai Well `f~ )N a Addition, Third Recording District, Kenai, Alaska From the Kenai }' p Peninsula Borough, for $1.00, for a Well Site and Other Public Facilities. pi ~ ,ll 10. i Resolution No. 2008-27 -- Approving the Form for the Airline Operating ~~~' ~ Agreement and Terminal Area Lease and Authorizing the City Enter Into If ~ ,~: '~F - ,~, . Such Agreements with ERA Aviation and Grant Aviation. ~ ~ (~h ,I ,, t ~ ~~~ " ~ ~ 11. ~ Resolution No. 2008-28 -- Approving a Contract to Alaska /~ ~ ~! ~~ ~~ Roadbuilders, Inc. for the Project Entitled Thompson Park Paving LID - r"~ L~~r 2008 for the Total Amount of $674,330. ~ r'"~ ~ 1 p ITEM F: MINUTES 1. 2. 3. ITEM G: ITEM H: i .~' ?_~ ~ F I ~ ~t ~~.i ~; r t1 ~y 2 *Regular Meeting of May 7, 2008. *Notes of April 16, 2008 Council Work Session *Notes of April 21, 2008 Council Budget Work Session UNFINISHED BUSINESS NEW BUSYNESS Bills to be Ratified Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2311-2008 -- Finding that Certain City-Owned Land, Identified as TSN Rl 1W SEC 4 Seward Meridian KN 0880053--Central View Subdivision Tract B, Third Recording District, Kenai, Alaska, (KPB Parcel No. 04901062), is Dedicated for Park Purposes. 4. *Ordinance No. 2312-2008 -- Amending KMC 14.05.010 by Adding a New Subsection to Compensate Planning and Zoning Commissioners at the Rate of ~ 100 Per Month. 5. *Ordinance No. 2313-2008 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2008 and Ending June 30, 2009. 6. *Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. 7. *Ordinance No. 2315-2008 -- Increasing Estimated Revenues and Appropriations by $1,358.38 in the General Fund to Pay for Police Uniforms and Equipment. 8. *Ordinance No. 2316-2008 -- Increasing Estimated Revenues and Appropriations by $24,800 for Repair of the Retaining Wall on South Spruce Street. 9. *Ordinance No. 23I?-2008 -- Enacting KMC 13.20.030 Prohibiting Trespass in Posted Environmentally Sensitive Sand Dune Areas in a Portion of the North Shore of the Kenai Beach. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellai2eous Commissions arid Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINYSTRATION REPORTS 1. City Manager 2. ,Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. ,Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) EXECUTIVE SESSION -- Annual Evaluation of City Manager ITEM N: ADJOURNMENT ~, ~..~, ..~ HOUSE OF REPRESENTATIVES WASHINGTON, D. C. 20515 DON YOUNG CONGRESSMAN FOR AlL ALASKA Apri122, 2008 Kenai Community Library i63 Main St. Loop Kenai, AK gg6u Dear Fello~vAlaskans: =teM lOb. I would fake to take this opportunity to congratulate you on receiving the laudable We the People Bookshelf Award. Pieces of literature, such as those you recently received from the We the People Bookshelf Pragram, have the unique ability to translate our great nation's and state's history in a way all young Alaskans can appreciate. Your selection as a participant in this important program serves as a shining light to all Alaskans. I cannot say enough about the importance of this program's chosen theme; "Created Equal." Your participation in this program, using the aforementioned theme, will encourage Alaskan students to explore o~Ae of A~raerica's founding principles by examining the concept of equality. This is a truly nahle p?arsuit; one which I believe prompted the National Endowment for the Humanities to found this program. Again, my warmest thoughts are with you and your future endeavors. Sincerely, ~ r ~,`. y DON YO G all Alaska DY/pm