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2013-03-07 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, March 7, 2013, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. * Regular Meetings of January 17 and February 7, 2013, and Special Meetings of January 31, 2013 and February 21, 2013. 6. AWARDS AND PRESENTATIONS A. Employee of the Year B. Student of the Month Award — February 2013 C. Women's History Month Proclamation 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2013 -09 Amending Kodiak Island Borough Code of Ordinances Title 15 Buildings and Construction Chapter 15.10 Building Codes and Chapter 15.30 Fire Code to Standardize the Kodiak Island Borough and the City of Kodiak Building Codes. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Ordinance No. FY2013 -13 Rezoning a Portion of Kodiak Island Borough Landfill Tract, Per Plat 96 -31, From C- Conservation Zoning District To I- Industrial Zoning District (Case 13 -012). Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2013 -25 Designating the Individual Who Will Serve as the Administrative Official During the Absence of the Kodiak Island Borough Manager. 2. Resolution No. FY2013 -26 Adopting a Federal Capital Improvement Program and Identifying Federal Program Priorities for Federal Fiscal Year 2014. 3. Resolution No. FY2013 -27 Expressing Support for Renaming the State Airport in Kodiak After Benny Benson in Observance of His Centenary. C. Ordinances for Introduction — None. D. Other Items 1. Funding Request from the Kodiak Maritime Museum. 2. *Declaring a Seat on the Parks and Recreation Committee Vacant (Sandra West). 3. *Confirmation of the Assembly Appointment to the Womens Bay Service Area Board (Scott Griffin). 4. *Confirmation of the Mayoral Appointment to the Planning and Zoning Commission (Frank Peterson). 5. Direction to the Finance Director to Prepare the 2012 Roll of Real Properties Subject to Foreclosure. 6. *Confirmation of Assembly Appointment to the Board of Equalization (Ed Mahoney). 14. EXECUTIVE SESSION A. Recent and Pending Litigation Including But Not Limited To: Cutler Case vs. KIB, Wren Board of Adjustment Appeal to the Superior Court, and APOC Complaint Against an Assembly Member. 15. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 16. ASSEMBLY MEMBERS' COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Architectural /Engineering Review Board Regular Meeting of July 10, July 31, and December 4, 2012. 2. Monashka Bay Road Service Area Board Regular Meeting of October 3, 2012. 3. Womens Bay Service Area Board Regular Meeting of January 8, 2013. B. Reports 1. Kodiak Island Borough School District Regular Meeting Summaries of January 21, 2013 and February 18, 2013 and Special Meeting Summaries of January 7, 2013, January 14, 2013, and January 21, 2013. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting January 17, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, January 17, 2013, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Selby, Assembly members Tuck Bonney, Aaron Griffin, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Finance Director Karl Short, Acting Community Development Director Duane Dvorak, Solid Waste Manager /Environmental Specialist Mike Patterson, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. KAPLAN moved to excuse Assembly member Austerman who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA KAPLAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of December 20, 2012, were approved under the consent agenda. AWARDS AND PRESENTATIONS Administrative Official Cassidy presented the Employee of the Quarter Award to Maya Daurio, GIS Analyst in the Information Technology Department. Administrative Official Cassidy presented a fifteen year longevity award to Bob Nimes, Bayside Fire Chief, and a ten year award to Kirsten Galliher, Appraiser Technician in the Assessing Department. Mayor Selby presented a Certificate of Appreciation to Sally Magnuson, American Red Cross Kodiak Chapter Director. Administrative Official Cassidy presented a Certificate of Achievement for Excellence in Financial Reporting and an Award for Outstanding Achievement in Popular Annual Financial Reporting to Finance Director Karl Short. Kodiak Island Borough Assembly Minutes January 17, 2013 Page 1 CITIZENS' COMMENTS Judi Kidder requested reinstatement of the Animal Control program in the fee schedule. Todd Hiner spoke about his tour of the Fairbanks compost system. Sarah Thayer spoke in support of Bud Cassidy as Borough Manager, and for the compost project at the landfill. Marilyn Guilmet spoke about the sludge project within residential community areas and the related diseases and toxicity. COMMITTEE REPORTS Nick Szabo, Solid Waste Advisory Board Chairman, requested a joint meeting with the Solid Waste Board and the Assembly to discuss possible sites for collection centers. Assembly member Stutes reported on the Southwest Alaska Municipal Conference (SWAMC) Board meeting held January 17, 2013, and the upcoming annual meeting in February in Anchorage. Assembly member Lynch reported on the Fisheries Work Group meetings held January 7 and January 14, 2013, and announced the upcoming meeting of Monday, February 25, 2013, at 9 a.m. Assembly member Stutes reported on the Kodiak Fisheries Advisory Council meeting at the College on January 14, 2013. PUBLIC HEARING 1. Ordinance No. FY2013 -11 Amending Title 3 Revenue and Finance Chapter 3.30 Contract, Purchase, Sale, and Transfer Procedures to Make Information About Borough Contracts More Readily Available to the Public and Other Related Matters. GRIFFIN moved to adopt Ordinance No. FY2013 -11. The ordinance was requested by Assembly member Tuck Bonney and Assembly member Carol Austerman. The purpose of the ordinance was to amend the code to have the Borough Manager report to the Assembly certain contracts entered into under the Manager's administrative authority, such as unique and professional contracts, change orders, etc. The Assembly's intent in reporting was not to delay or affect the validity of the contract. The ordinance also allowed for notices to potential bidders and proposers to be made available by electronic means, as well as by newspaper publication. The privileges and immunities clause of the United States Constitution significantly limited the right of the Borough to grant a contracting preference to local residents or companies and the ordinance clarified that provision. BONNEY moved to amend Ordinance No. FY2013 -11 by substitution. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stephens, and Stutes. Kodiak Island Borough Assembly Minutes January 17, 2013 Page 2 Mayor Selby opened the public hearing. Hearing and seeing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FOUR TO TWO: Griffin, Kaplan, Lynch, and Bonney (Ayes); Stephens and Stutes (Noes). BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) Administrative Official Cassidy reported on the following: • Borough and City Staff had officially stepped down from the unified command associated with the oil rig Kulluk incident; • Kodiak High School renovation project was being advertised with a mandatory pre -bid meeting scheduled for January 24, and bids were due to be opened on February 20. • State of Alaska scheduled a meeting January 29 at 5 p.m. at the Kodiak Library as part of the review for the Certificate of Need for the Long Term Care Facility. • Bid opening for the tax foreclosed property was held January 17, and five bids were received and opened and the high bid was approximately $98,000. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby commended Administrative Official Bud Cassidy and Borough staff, including Duane Dvorak and Jack Maker, in their involvement in the Kulluk incident. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2013 -14 Employment Contract Between the Kodiak Island Borough Assembly and Charles E. Cassidy Jr. as Borough Manager. KAPLAN moved to approve Contract No. FY2013 -14 Employment Contract Between the Kodiak Island Borough Assembly and Charles E. Cassidy Jr. as Borough Manager. A three year draft version of the contract was provided to the Assembly. STUTES moved to convene into executive session to discuss Contract No. FY2013 -14 Employment Contract between the Kodiak Island Borough Assembly and Charles E. Cassidy Jr. as Borough Manager which qualifies for executive session as a matter which would tend to defame or prejudice the character or reputation of any person. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Bonney, Griffin, and Kaplan. Kodiak Island Borough Assembly Minutes January 17, 2013 Page 3 Mayor Selby invited the Borough Assembly, Administrative Official Cassidy, and Clerk's Staff into executive session. Mayor Selby recessed the regular meeting and convened the executive session at 8:15 p.m. Upon returning from executive session, Mayor Selby reconvened the regular meeting at 8:40 p.m., recessed the meeting, and reconvened the meeting at 8:50 p.m. GRIFFIN moved to amend Contract No. FY2013 -14, Page 3, Section 4.A.1(b) to strike out the words: "return to the position of the Director of the Community Development Department at the same salary including all cost of living adjustments as though the Manager had never vacated his Community Development Department position with no loss in pay benefits or longevity for his time served as Manager." Section 4.A.2(b) to read: "In the event of termination of Manager for good cause during the three (3) year term of this contract, Manager retains the right to fill any available position within the Borough for which he is qualified." Section 4.B to strike out the words: "If the Manager voluntarily resigns, Manager may exercise the option to return to his former position as provided in paragraph 4.A.1(b) above." And insert the words: "Manager retains the right to fill any available position within the Borough for which he is qualified." ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Bonney, and Griffin. GRIFFIN moved to further amend Contract No. FY2013 -14, Page 3, Section 4.A.1 to insert the words at the end of subsection b: "fill any available position within the borough for which he is qualified." ROLL CALL VOTE ON THE MOTION TO FURTHER AMEND CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Bonney, Griffin, and Kaplan. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED FIVE TO ONE: Stutes, Bonney, Griffin, Kaplan, and Lynch (Ayes); Stephens (No). Resolutions 1. Resolution No. FY2013 -21 Rescinding Resolution No. FY2013 -12 and Adopting a Revised State Legislative Capital Improvement Projects Priority List for the 2013 Legislative Session. KAPLAN moved to adopt Resolution No. FY2013 -21. Kodiak Island Borough Assembly Minutes January 17, 2013 Page 4 Per KIBC 2.40.030(E), the Planning and Zoning Commission reviewed and updated the list of project priorities for the KIB Capital Improvement Program (CIP) for FY2013 -2017. At its July 18, 2012 regular meeting, the Commission reviewed the previous year's resolution and took into account those projects which had been funded since that time. In addition, the Commission received input from the City of Kodiak and the Kodiak Island Borough (KIB) Parks and Recreation Committee and made available opportunities for input by the general public. The Commission adopted a resolution on August 15, 2012 and forwarded it to the Assembly. Resolution No. FY2013 -12 was adopted by the Assembly on September 20, 2012. The resolution was a compilation of a list of capital improvement priority projects that the Kodiak Island Borough would submit to the 2013 legislative session for funding consideration. At the December 27, 2012 work session, the Assembly met with Senator Stevens and Representative Austerman and reviewed Resolution No. FY2013 -12. The Legislators requested that Resolution No. FY2013 -12 be modified. Resolution No. FY2013 -21 reflected a new list as a result of the discussion and Assembly direction given to staff. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Bonney, Griffin, Kaplan, Lynch, and Stephens. Ordinances for Introduction 1. Ordinance No. FY2013 -13 Rezoning Lot 1 U.S. Survey 3945 and the Remainder of ADL 44355 From a Combination of PL- Public Using Zoning District and C- Conservation Zoning District To !- Industrial Zoning District. BONNEY moved to adopt Ordinance No. FY2013 -13 in first reading to advance to public hearing at the next regular meeting of the Assembly. Lot 1 of United States Survey 3945 and the remainder of ADL 44355 was a 202.51 acre tract currently utilized as the community's solid waste processing and disposal site. The current use was granted an "exception" to the Borough Zoning Ordinance on April 24, 1968. As such, the use and structure(s) were regulated as a non- conformity per KIBC 17.140.090. As a nonconforming, nonresidential use, the current facility and use would not be able to accommodate the expansion and modernization required in order to comply with the new regulatory environment. The Commission held a public hearing on this request and found the request consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. KIBC 17.205.55(B) also required the Assembly to be notified by the Commission of its actions and its findings. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Stutes, and Bonney. Kodiak Island Borough Assembly Minutes January 17, 2013 Page 5 2. Ordinance No. FY2013 -14 Rezoning of Tract A Lot 2 Block 17 Ouzinkie Townsite Subdivision From R1- Single Family Residential Zoning District To UNC - Urban Neighborhood Commercial District (Case 13 -008). KAPLAN moved to adopt Ordinance No. FY2013 -14 in first reading to advance to public hearing at the next regular meeting of the Assembly. Tract A Lot 2 Block 17 Ouzinkie Townsite Subdivision was an 8,000 square foot vacant residential lot owned by the City of Ouzinkie. The lot exhibited the attributes that made it a desirable candidate for the placement of a telecommunications systems relay facility. Acting upon the imperative for upgrading the community's telecommunications connectivity, the City entered into a lease with the service provider, and later realized the conflict between zoning and use. The City acted pre- emptively to pass a local resolution recognizing the contribution of the facility to the community's telecommunications requirements, and requested a rezone to a zoning district that accommodated the use. The Commission held a public hearing on this request and found the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. KIBC 17.205.55(B) also required the Assembly to be notified by the Commission of its actions and its findings. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Bonney, and Griffin. Other Items None. Mayor Selby recessed the regular meeting at 9:05 p.m., and convened the Board of Adjustment. BOARD OF ADJUSTMENT 1. APPEAL TO THE BOARD OF ADJUSTMENT — An Appeal of the Planning and Zoning Commission's Decision on Case No. 13 -015 Request for Conditional Use Permit, in Accordance with KIBC 17.165.030, to Allow the Establishment of a Recreational Vehicle Park on Tract A, United States Survey 2735, According to KIBC 17.165.040 A thru M (Appellant: William Wren). Assembly member Stephens noted he had a conflict of interest. Chair Selby ruled that there was a conflict of interest and excused Assembly member Stephens. Chair Selby announced that three appeal hearing notices were mailed and one written comment was returned and provided to the Board of Adjustment. Chair Selby announced that the Board of Adjustment would decide the appeal upon the appeal record and the written and oral argument presented on the appeal. At the hearing before the Board of Adjustment, only persons who had submitted written argument on the appeal, or testified before the commission, or submitted written comments to the commission would present oral argument. Kodiak Island Borough Assembly Minutes January 17, 2013 Page 6 Chair Selby announced that the following persons would be allowed to present oral argument on the appeal: Persons who have submitted written argument on the appeal: Todd Hiner and Cecile Hiner Testified before the Commission: Bill Wren Todd Hiner 1. Borough staff represented by Duane Dvorak, Acting Community Development Director (CDD) and Alan Torres, Chairperson of the Planning and Zoning Commission. Acting Director Dvorak reviewed the case packet and back up information. Mr. Dvorak specifically addressed the appellant's letter, i.e., comparisons with other RV parks, code requirements, and staff recommendations. Planning and Zoning Commission Chairperson Alan Torres reported that the Planning and Zoning Commission did remove some of the staff recommendations for the conditional use permit and added additional requirements. 2. Appellant - William Wren Mr. Wren reviewed the complaint filed by Cecil and Todd Hiner and gave a brief history of the property. 3. Private person supporting the appeal. None. 4. Private person opposing the appeal: Mr. Todd Hiner, owner of the property at Middle Bay adjacent to the appellant's property, spoke about the road that was shared by both property owners and the applicable zoning requirements. Mr. Hiner also stated that there was not enough room for a recreational vehicle (RV) park and a compost facility on the prescribed property, and requested that the RV park be required to meet code compliance. Mr. Hiner addressed the contract with the City and the extension along with the viability of an RV park and compost facility on the same piece of property. 5. Appellant, Mr. Wren stated that he did not want a sewage facility on the subject property and had not filed a sewage treatment permit. Mr. Wren also stated that he had no interest in combining an RV park and a sewage facility treatment plant on the same piece of property. Kodiak Island Borough Assembly Minutes January 17, 2013 Page 7 GRIFFIN moved to convene into closed session for deliberation as a quasi - judicial board. ROLL CALL VOTE ON MOTION TO CONVENE INTO CLOSED SESSION CARRIED UNANIMOUSLY: Lynch, Stutes, Bonney, Griffin, and Kaplan. After the vote, CHAIR OF THE BOARD (Mayor Selby) invited the Administrative Official and Clerk's office staff to join in closed session at 9:45 p.m. Upon returning from closed session, Chair Selby reconvened the Board of Adjustment at 10 p.m. LYNCH moved to Affirm IN WHOLE the Planning and Zoning Commission's Decision on Case No. 13 -015 Request for Conditional Use Permit, in Accordance with KIBC 17.165.030, to Allow the Establishment of a Recreational Vehicle Park on Tract A, United States Survey 2735, According to KIBC 17.165.040 A thru M (Appellant: William Wren). ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Bonney, Griffin, Kaplan, and Lynch. LYNCH moved to adopt the findings of fact of the Planning and Zoning Commission as follows: A. That the conditional use will preserve the value, spirit, character, and integrity of the surrounding area. The proposed recreational vehicle park use will preserve the value, spirit, character, and integrity of the surrounding area so long as the park is developed in accordance with an approved plan, and in conformity with the applicable development standards in KIBC 17.165. B. That the conditional use fulfills all other requirements of KIBC chapter 17.165 pertaining to the conditional use in question. While the plan presented for this CUP is conceptual in nature, the project will be required to undergo a thorough zoning compliance review. Stipulations attached to the Commission's decision will ensure that the development meets, or exceeds, minimally acceptable standards of development. Recognizing the maturation of the RV industry and the innovations in RV unit design and construction, the Commission has waived certain development standards where appropriate. C. That granting the conditional use permit will not be harmful to the public health, safety, convenience, and comfort. So long as the development standards of the code are met, the use should not be harmful to the public health, safety, convenience, and comfort. Having a designated and maintained RV Park may be a benefit to the public if it provides an alternative to unregulated RV parking and camping in undesignated and potentially unsuitable areas along the Kodiak Road System. D. That the sufficient setbacks, lot area, buffers, or other safeguards are being provided to meet the conditions listed in subsections A through C. Due to the large lot size and rural location, it appears that the site will not require any additional buffers, setbacks, or safeguards are needed in order to meet the conditions identified in subsections A through C above. Kodiak Island Borough Assembly Minutes January 17, 2013 Page 8 ROLL CALL VOTE ON MOTION TO ADOPT FINDINGS OF FACT AS PRESENTED CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, and Stutes. Chair Selby stated that the Kodiak Island Borough Section 17.225.100 Judicial review states: Any person aggrieved by a final decision of the board of adjustment under this chapter may appeal the decision to the superior court within 30 days of the decision. An appeal to superior court shall be heard solely on the record before the board of adjustment or its hearing examiner and the commission. The appeal procedure shall be governed by the rules set forth in Part Six of the Rules of Appellate Procedure of the state of Alaska. The findings of the board of adjustment shall not be reversed if, in light of the whole record, they are supported by substantial evidence. Mayor Selby reconvened the regular meeting at 10:05 p.m. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Stutes congratulated the Borough employees with their awards, and thanked Chairperson Szabo for his active participation on the Solid Waste Advisory Board (SWAB) and was looking forward to discussing transfer stations. Assembly member Stephens complimented Administrative Official Cassidy for his manner of handling questions; remarked about the untimeliness of substantive documents presented at meetings; stated that the Borough needed to reconsider the commitment for the Long Term Care facility because of timing constraints; and remarked that he did not see the benefit of two governments. Assembly member Griffin thanked the employees that were recognized at the meeting, welcomed Bud Cassidy as the new Manager, and extended his appreciation to staff that the High School Renovation Request for Proposal (RFP) was released and looked forward to bid - opening day. Assembly member Bonney reported that he looked forward to working with the SWAB Board, and extended his condolences to Mr. Koning on the loss of his sister. Assembly member Lynch congratulated the recognized employees at the meeting, and requested that at the next work session the new ordinance be discussed in relationship to existing contracts. Assembly member Kaplan congratulated staff and encouraged a one hour joint meeting with the SWAB Board to discuss a framework for convenience stations. Announcements The Assembly and the School Board would meet in a Joint Work Session on Thursday, January 31 at 6:30 p.m. in the Assembly Chambers. The next Assembly work session was scheduled on Thursday, January 31 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, February 7 at 7:30 p.m. in the Borough Assembly Chambers. The Kodiak Island Borough offices would be closed Monday, January 21, in observance of Martin Luther King, Jr. Day. Kodiak Island Borough Assembly Minutes January 17, 2013 Page 9 ADJOURNMENT BONNEY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Stutes, and Bonney. The meeting was adjourned at 10:15 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes January 17, 2013 Page 10 KODIAK ISLAND BOROUGH Assembly Special Meeting January 31, 2013 A special meeting of the Kodiak Island Borough Assembly was held on January 31, 2013 in the Borough Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Aaron Griffin, Dave Kaplan, Chris Lynch, and Mel Stephens. Staff members present were Manager Bud Cassidy, Finance Director Karl Short, Maintenance Coordinator Bob Tucker, Solid Waste Manager /Environmental Specialist Mike Patterson, Borough Attorney Cheryl Brooking, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. KAPLAN moved to excuse Assembly member Stutes who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS' COMMENTS Todd Hiner and Marilyn Guilmet, residents of Middle Bay, spoke in favor of the composting operations at the Borough Landfill. Martha McKinney spoke against the composting operations at the Borough Landfill for the safety of Monashka Bay area residents. Margaret Hall spoke in support of the resolutions regarding the Long Term Care Center that would be presented to the Assembly at the regular meeting on February 7. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Approval of the Overall Estimated Budget Associated With the Kodiak Landfill Lateral Expansion Project. BONNEY moved to approve the overall estimated budget associated with the Kodiak Landfill Lateral Expansion Project at $28,820,288. The recently adopted changes to Title 3 of the Borough Code required, according to 3.30.100, project approval by the Assembly before change orders could be entered into. Specifically it read: Project approval should include a budget for the project that includes an appropriation of contingency funds. The landfill lateral expansion project budget had not been approved under the new rules and with the budget provided, staff was looking to meet the requirements of the code. The landfill lateral expansion project budget included three phases: Phase I was essentially completed, Phase II was underway with a contract with Brechan Enterprises, Inc., and parts of Phase III (waste water treatment equipment) was approved by the Assembly. Other portions of Kodiak Island Borough Assembly Minutes January 31, 2013 Page 1 Phase III which included final grading and erection of the waste water treatment building would be bid in the future. Presently the project was estimated at $28,820,288 including contingency. Currently, funding was short by $4,756,740. The Borough's loan from the Alaska Department of Environmental Conservation (DEC) could be increased to complete the project; however, the costs associated with the waste water treatment plant was the Borough's #1 project on the State Capital Improvements Project (CIP) list and was also identified as the #1 Federal CIF project. The more grant money that could be acquired, the Tess loan money that would be necessary. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Austerman, Bonney, Griffin, Kaplan, and Lynch (Ayes); Stephens (No). B. Contract No. FY2012 -21A Amending Contract No. FY2012 -21 Kodiak Landfill Lateral Expansion Project by Approving a Change Order to Perform Phase III Site Work in Phase II. GRIFFIN moved to authorize the manager to execute Contract No. FY2012 -21A Amending Contract No. FY2012 -21 Kodiak Landfill Lateral Expansion Project by approving a change order to Perform Phase III Site Work in Phase II in an amount not to exceed $800,244.32. Per KIBC 3.30.100 Change Order — Manager Authority, a contract change order exceeding $200,000 for a particular contract required Assembly approval. The purpose of the change order was to allow the current Landfill Lateral Expansion Project Phase 11 contractor, Brechan Enterprise, Inc., to perform the logging, grubbing, clearing, shoot, and blast rock removal associated with the Wastewater Treatment Facility building site for Phase III of the project. The acceleration would ensure that no HDPE liner work contained in Phase 11 was damaged due to the installation timing. It would also ensure that the piping to be installed during Phase 11 would not be threatened by the heavy haul associated with gross rock removal. It would minimize interference with multiple contractors on the site. It also allowed the work to be performed on a time and material basis which would reduce the overall cost to the Borough by preventing this portion to be bid in Phase III, saving the contractors markup. Although there was money in the budget for the change order, the scope of work was not currently included in the Phase 11 contract with Brechan Enterprise, Inc. The present budget estimated for Phase 111 of $10,848,000 was updated and with the present funding sources available, the total project was short by $4,756,740. If the Municipal and Legislative grants were approved there would be an excess of $1,858,802 available. If these two grants were not approved then the FY13 loan could be adjusted to accommodate the $4,756,740 shortfall. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. Bonney, Griffin, Kaplan, Lynch, Stephens, and Austerman. Kodiak Island Borough Assembly Minutes January 31, 2013 Page 2 ADJOURNMENT GRIFFIN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, and Austerman. The meeting was adjourned at 8:09 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes January 31, 2013 Page 3 KODIAK ISLAND BOROUGH Assembly Regular Meeting February 7, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, February 7, 2013, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Aaron Griffin, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Borough Manager Bud Cassidy, Community Development Acting Director Duane Dvorak, Finance Director Karl Short, Solid Waste Manager /Environmental Specialist Mike Patterson, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA KAPLAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Special Meeting minutes of December 27, 2012 and Regular Meeting minutes of January 3, 2013, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented Student of the Month Awards for December 2012 to Emma Nelson, a Junior at Port Lions School and for January 2013 to Denise De Lota, a Junior at Kodiak High School. Mayor Selby proclaimed the month of February 2013 as National Teen Dating Violence Awareness and Prevention Month. CITIZENS' COMMENTS Jennifer Richcreek, Margaret Hall, Carolyn Floyd, Margaret Roberts, Judy Fine, Ivar Malutin, Sarah Thayer, Marlys Cozart, Sue Jeffrey, Mark Olsen, Ron Acarrequi, Paul Zimmer, Alan Wolf, Pat Branson, Elaine Loomis - Olsen, Scott Arndt, and Jennifer Eubank spoke in support of the Long Term Care Center. Dan Rohrer and Scott Arndt spoke on concerns regarding Resolution No. FY2013 -11. Ivar Malutin announced his resignation from the Prince William Sound Citizens Regional Advisory Council and thanked the Mayor and Assembly for allowing him to serve on the Council. He spoke on his service on the Alaska Commission on Aging. Kodiak Island Borough Assembly Minutes February 7, 2013 Page 1 Caroline Storm, with Architects Alaska, provided clarification on the status of documents relating to the Long Term Care Center. COMMITTEE REPORTS Providence Kodiak Island Medical Center (PKIMC) Executive Director, Don Rush gave an operational report of PKIMC. Mr. Rush also addressed the Long Term Care Center project. PUBLIC HEARING A. Ordinance No. FY2013 -13 Rezoning Lot 1 U.S. Survey 3945 and the Remainder of ADL 44355 From a Combination of PL- Public Use Zoning District and C- Conservation Zoning District To (- Industrial Zoning District (Case 13 -012). AUSTERMAN moved to adopt Ordinance No. FY2013 -13. Lot 1 of United States Survey 3945 and the remainder of ADL 44355 was a 202.51 acre tract currently utilized as the community's solid waste processing and disposal site. The current use was granted an "exception" to the Borough Zoning Ordinance on April 24, 1968. As such, the use and structure(s) were regulated as a non - conformity per KIBC 17.140.090. As a nonconforming, nonresidential use, the current facility and use would not be able to accommodate the expansion and modernization required in order to comply with the new regulatory environment. The Planning and Zoning Commission held a public hearing on this request and found the request consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. KIBC 17.205.55(B) also required the Assembly to be notified by the Commission of its actions and its findings. 39 Public hearing notices were mailed out; responses were provided to the Assembly. The Monashka Bay Road Service Area Board was also advised of the public hearing. Chaz Glaqolich, Tom Lance, and Darlene Turner, Monashka Bay Road Service Area Board members, spoke in opposition of Ordinance No. FY2013 -13 as presented and spoke on concerns of the Monashka Bay residents. Tom Anthony, Douglas Pengilly, Martha McKinney, Paul Zimmer, Amanda Bowers, Molly McKinney - Miller, and Jean Dixon spoke in opposition of Ordinance No. FY2013 -13 as presented and urged the Assembly to consider the recommendations of the Monashka Bay Road Service Area Board. Marilyn Guilmet urged the Assembly to continue composting operations at the landfill and spoke to the concerns of the Monashka Bay residents regarding the safety of the community. Community Development Acting Director Dvorak spoke to the areas that would be included in the rezone. GRIFFIN moved to postpone Ordinance No. FY2013 -13 to the next regular meeting of the Assembly. Kodiak Island Borough Assembly Minutes February 7, 2013 Page 2 ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED SIX TO ONE: Austerman, Bonney, Griffin, Kaplan, Lynch, and Stutes (Ayes); Stephens (No). B. Ordinance No. FY2013 -14 Rezoning of Tract A Lot 2 Block 17 Ouzinkie Townsite Subdivision From R1- Single Family Residential Zoning District To UNC -Urban Neighborhood Commercial District (Case 13 -008). KAPLAN moved to adopt Ordinance No. FY2013 -14. Tract A Lot 2 Block 17 Ouzinkie Townsite Subdivision was an 8,000 square foot vacant residential lot. Owned by the City of Ouzinkie, the lot exhibited the attributes that made it a desirable candidate for the placement of a telecommunications systems relay facility. Acting upon the imperative for upgrading the community's telecommunications connectivity, the City entered into a lease with the service provider, and only later realized the conflict between zoning and use. The City acted pre - emptively to pass a local resolution which recognized the contribution of the facility to the community's telecommunications requirements, and requested a rezone to a zoning district that accommodated the use. The Planning and Zoning Commission held a public hearing on this request and found the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. 18 public hearing notices were mailed out; responses were provided to the Assembly. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stephens, Stutes, and Austerman. C. State of Alaska Alcoholic Beverage Control Board Liquor License Application for Transfer of Ownership, Transfer of Location, and Name Change (Licensee /Applicant: Kodiak Inn, Inc., D.B.A. Kodiak Harbor Convention Center). GRIFFIN moved to voice non - protest to the State of Alaska Alcoholic Beverage Control Board for the Kodiak Harbor Convention Center's request for transfer of license ownership, location, and name change. Licensee /Applicant: Kodiak Inn, Inc., D.B.A. Kodiak Harbor Convention Center. This application for liquor license transfer was to transfer license ownership, location, and name change to the Kodiak Harbor Convention Center. The Clerk's office followed the procedure in KIBC 5.01.030 New license and transfer procedure. Public hearing notices were mailed to 177 landowners. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Stutes, Austerman, and Bonney. D. Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing Regarding the Issuance by the Borough of its Long -Term Care Center Revenue Bonds. This TEFRA Public Hearing was for the purpose of considering the issuance by the Borough of its Long -Term Care (LTC) Center Revenue Bonds in the principal amount of not to exceed $20,000,000. The principal and interest on these bonds was expected to be exempt from federal Kodiak Island Borough Assembly Minutes February 7, 2013 Page 3 income tax pursuant to the Internal Revenue Code of 1986, as amended. These bonds were known as private activity bonds that allowed the LTC facility to be operated by a private entity (Providence). The TEFRA Public Hearing provided an opportunity for the public to speak on publically issued bonds prior to the bonds being issued. This hearing was properly noticed 14 days prior to the hearing and was required to identify the location of the public hearing and the time it would be heard by the public body. The process was to open the public hearing and identify for the record each of the parties that chose to speak. The meeting was to be recorded and closed when all had spoken. No action by the Assembly was needed on this public hearing. Dan Rohrer spoke on the risk of issuing a revenue bond. Pat Branson spoke on the method of payment for long term care. Don Rush spoke on the cost incurred for issuing the revenue bonds. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Met with the City of Kodiak and the City was interested in producing Class A compost at the landfill. There would be future meetings to discuss the overall costs of the operation. • There would be no Borough taxing of the Kulluk Drill Rig, although the Borough Assessor was still pursuing the matter. • The School Board was currently approving art pieces for the Kodiak High School Addition and Renovation Project. The decision would be made at the next School Board meeting and the recommendation would be presented to the Borough Assembly for approval. MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS None. Mayor Selby recessed the meeting at 10:10 p.m.; the meeting was reconvened at 10:20 p.m. NEW BUSINESS Contracts 1. Contract No. FY2013 -17 Approval of Professional Services Agreement for Project Management for the Kodiak High School Addition and Renovation Project. AUSTERMAN moved to authorize the Manager to execute Contract No. FY2013 -17 with Wilson Engineering, Inc. of Juneau, Alaska for Project Management Services for the Kodiak High School Addition and Renovation project in an amount not to exceed $326,650. Kodiak Island Borough solicited proposals to provide Project Management Services for the Kodiak High School Addition and Renovation in accordance with KIB Code 3.30.070. Five proposals were received and three firms were invited to make a live presentation. The proposals and presentations Kodiak Island Borough Assembly Minutes February 7, 2013 Page 4 were scored by staff, and Wilson Engineering, Inc. was selected for negotiations. Staff negotiated scope, price, and schedule with Wilson Engineering, Inc. which resulted in the contract. The contract amount was not to exceed $326,650 based on an estimate of hourly rates, number of hours expected to be worked, and reimbursable expenses. The contract submitted for approval was for the time period through December 31, 2013. Assuming both parties agreed, it was staff's intention to renew the contract for 2014 and 2015 through completion of the KHS Addition and Renovation project. There were adequate funds in the budget to perform this scope of work. Wilson Engineering, Inc. would provide day -to -day management of the project, including monitoring the schedule and budget, contractor work, and coordination of the activities of the construction team (Contractor, A/E, KIBSD, etc.). They would work in close coordination with Engineering /Facilities (E /F) staff and provide regular project updates to the Assembly. A detailed scope of work was provided as an exhibit to the contract. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Austerman, Bonney, and Griffin. 2. Contract No. FY2011 -21 #3 Amending Contract No. FY2011 -21 Architectural Design Services for the Kodiak High School Renovation Project to Provide for an Onsite Observer. BONNEY moved to authorize the Manager to approve Contract No. FY2011 -21 #3 amending Contract No. FY2011 -21 to provide for an onsite observer in an amount not to exceed $500,000 and paid on an actual hours worked basis. The Architectural /Engineering firm for the Kodiak High School Addition and Renovation project, Jensen Yorba Lott (JYL), proposed to provide an Onsite Observer. The Onsite Observer would continuously review and verify the quality, quantity, and r accuracy of the Contractor's work providing daily reports to the Project Manager (PM), as well as coordinate activities with the PM and construction team members. JYL proposed to retain Bill Clay of Kodiak, Alaska for the position. Mr. Clay had substantial experience working in the Kodiak construction industry, and would bring the skills and knowledge necessary to provide a significant benefit to the project. Further information was contained in memos provided by E/F Director Woody Koning and Tony Yorba. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Austerman, Bonney, Griffin, and Kaplan. 3. Contract No. FY2013 -11 Providing General Contractor /Construction Manager Services for the Kodiak Long Term Care Center and Authorizing a Partial Notice to Proceed for the Site Cleaning Portion of the Contract. BONNEY moved to authorize the Manager to execute Contract No. FY2013 -11 with Davis Constructors and Engineers, Inc. of Anchorage, Alaska for General Contractor /Construction Manager Services for the Kodiak Long Term Care Center and accept the Guaranteed Maximum Price in an amount not to exceed $15,374,346 based on funding availability and further move to authorize a Partial Notice to Proceed for the site clearing portion of the contract in an amount not to exceed $550,000. Kodiak Island Borough Assembly Minutes February 7, 2013 Page 5 Kodiak Island Borough solicited proposals to provide General Contractor /Construction Manager (GC /CM) services for the Long Term Care Center in accordance with KIB Code 3.30.070. Five proposals were received and reviewed by the Architectural /Engineering Review Board and staff at public meetings. The proposals were scored and Davis Constructors and Engineers, Inc. was selected for negotiations. Staff negotiated scope, schedule, and price with Davis Constructors which resulted in the contract. The GC /CM construction method differed from the traditional Design- Bid -Build approach in several important areas. With GC /CM, a contractor would be selected based on a combination of cost and qualifications rather than low bid. The Contractor would be brought in during the design phase and provide value engineering and cost estimating services. Once the design was completed, the Contractor would provide a Guaranteed Maximum Price (GMP) to complete the work. For this project, a purchase order in the amount of $25,000 was issued to Davis Constructors as compensation for the pre- design services. That design was currently 95% complete and the Contractor had submitted its GMP, which totaled $15,374,346. Barring any owner - directed scope changes, the amount represented the maximum construction cost for the project. Any savings resulting from cost underruns would be returned to the Borough. In addition to approving the GC /CM contract and accepting the GMP, staff was requesting approval of issuance of a Partial Notice to Proceed in the amount of $550,000 for the Contractor to perform site clearing work. In order to meet the project completion date of March 31, 2014, site clearing needed to begin immediately. There were adequate funds in the current approved budget to perform the scope of work. Once the Certificate of Need was approved and the Revenue Bonds had been sold, the balance of the GMP would be submitted for authorization of Final Notice to Proceed. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Austerman, Bonney, Griffin, Kaplan, and Lynch (Ayes); Stutes and Stephens (Noes). Resolutions 1. Resolution No. FY2013 -22 Adopting the Kodiak Island Borough Strategic Plan for the Years 2013 -2017. AUSTERMAN moved to adopt Resolution No. FY2013 -22. The Assembly held a strategic planning session on January 15, 2013, and the session culminated in the preparation of Resolution No. FY2013 -22. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Stutes, Austerman, Bonney, Griffin, Kaplan, and Lynch (Ayes); Stephens (No). 2. Resolution No. FY2013 -23 Establishing the Date for the Citizens Board of Equalization Hearings for the Year 2013 and Establishing the. Date When Taxes Become Delinquent. This item was approved under the consent agenda. Alaska Statutes 29.45.240 Establishment of levy and determination of rate. (a) The power granted to a municipality to assess, levy, and collect a property tax shall be exercised by means of an Kodiak Island Borough Assembly Minutes February 7, 2013 Page 6 ordinance. The rate of levy, the date of equalization, and the date when taxes become delinquent shall be fixed by resolution. The rate of levy of levy was required to be set by the Assembly after certification of the roll and final budget approval. KIBC 3.35.050(A.5) stated that the board of equalization would commence hearing on the first Monday in May, unless otherwise changed by resolution. The resolution confirmed that the Board would meet on Monday, May 6 and Tuesday May 7. Hearings would continue from day to day as established by the Board of Equalization and the Borough Clerk until all properly filed appeals had been heard. The resolution also reflected that the date taxes were due, October 15, 2013, unless the taxpayer elected to pay the taxes in two equal installments, then the first half was due on August 15, 2013, and the second half was due on November 15, 2013. 3. Resolution No. FY2013 -11 Authorizing a Lease With Providence Health and Services for the Operation of a Long -Term Care Facility. BONNEY moved to adopt Resolution No. FY2013 -11. The Assembly was asked to approve a lease of a proposed building and land to Providence to operate a Long Term Care (LTC) facility. Approval of the lease was just one of the critical milestones that the Assembly would be deciding on to move the project forward. The 20 -year lease agreement was structured so that all the expenses associated with the sale of up to $20,000,000 of revenue bonds to build the LTC facility (as well as cover the other expenses associated with the project (design, staff time, etc.)) were recaptured through the lease payments made to the Borough by Providence; the monthly lease payment amount would cover the Borough's annual debt payments on the bonds. Providence would be solely responsible for the day to day operation expenses of the facility. STEPHENS moved to amend Resolution No. FY2013 -11 as follows: Page 16, Section 30 Termination to strike out the words: "At any time following the Effective Date, either KIB or Providence may terminate this Agreement by one year's advance written notice to the other party. This Agreement shall termination one year from the date of such notice without further action by either party and shall be of no further force and effect other than to perform any obligation incurred but not paid prior to the termination. If Providence is required to perform any duty or provide any service under the terms of this Agreement that is in conflict with the philosophy, mission, and values of Providence Heath & Services, Providence may terminate this Agreement upon one year's prior written notice to KIB. Upon any such termination, Providence shall surrender possession of the Long -Term Care Center to KIB. On the effective date of any such termination, KIB shall have the option to purchase any such accounts receivable, inventory, equipment, or supplies at a value agreed to by both parties. In the unlikely event that Providence terminates this Agreement prior to the expiration of the term of this Agreement, Providence agrees to assist KIB in locating, selecting, and transitioning a new prospective tenant to operate the facility. Providence also agrees to cooperate in such a way as to allow KIB to show the Long -Term Care Center to a prospective tenant and accommodate the active transition needs of KIB for the actual termination. KIB agrees to cooperated in such a way as to accommodate Providence's transition needs and the Kodiak Island Borough Assembly Minutes February 7, 2013 Page 7 removal of Providence's assets. The parties further agree that this Agreement shall automatically terminate upon the expiration or termination (as applicable) of the Hospital Lease." Page 8, Section 14 Medicare /Medicaid Participation to strike out the words: "In the event that Providence is excluded from participation in any federally- funded health care program during the term of this Agreement, or if at any time after the Effective Date of this Agreement it is determined that Providence is in breach of this Section, this Agreement shall, as of Effective Date of such exclusion or breach, automatically terminate." Page 7, Add new Section 7.5 Guarantee of Revenue Bonds to read: "Providence agrees unconditionally to guarantee all payments of principal and interest to be made under any Revenue Bonds issued by KIB in connection with construction of the Long - Term Care Center." Page 10, Section 18 Maintenance and Repairs to strike out the words: "Throughout the term of this Agreeement, KIB shall provide and pay for any major maintenance and repairs. Major maintenance and repairs are defined as repairs equal to or greater than $25,000. If a repair is greater than or equal to $25,000, KIB shall be responsible for the full amount of the repair. Providence shall be responsible for all repairs less than $25,000. If repairs go over the $25,000 limit because maintenance and repairs were not accomplished by Providence in a timely manner, KIB reserves the right to perform repairs and maintenance and KB will be reimbursed by Providence for all costs of such repairs and maintenance." Page 7, Section 9 Taxes to strike out the words: "Providence and KIB agree to negotiate in good faith regarding any KIB property taxes levied or assessed on the Premises owned by KIB and leased to Providence, or any property owned by Providence during the term of this Agreement." Page 5, Section 7.1 Construction of Facility to strike out the words: "...by reason of Force Majeure or as a result of delays caused in whole or in part by Providence..." Page 18, Section 33 Assignment and Sublease to strike out from subsection F the words: "less a pro -rata share of reasonable maintenance, repair, or administrative handling costs ". ROLL CALL VOTE ON MOTION TO AMEND FAILED FIVE TO TWO: Austerman, Bonney, Griffin, Kaplan, and Lynch (Noes); Stephens and Stutes (Ayes). ROLL CALL VOTE ON MAIN MOTION CARRIED FIVE TO TWO. Austerman, Bonney, Griffin, Kaplan, and Lynch (Ayes); Stephens and Stutes (Noes). Kodiak Island Borough Assembly Minutes February 7, 2013 Page 8 4. Resolution No. FY2013 -13 Providing for the Issuance of Long -Term Care Center Revenue Bonds (Providence Kodiak Island Medical Center) in the Principal Amount of Not to Exceed $20,000,000 for the Purpose of Providing Funds to Finance, Design, Acquire, Construct, and Equip a Long -Term Care Center in the Borough and to Do All Things Necessarily Incidental Thereto, Fixing Certain Covenants Regarding the Payment of the Principal of and Interest on the Bonds; Providing That Additional Long -Term Care Center Revenue Bonds May Be Issued on a Parity With Such Bonds Upon Compliance With Certain Conditions; Authorizing the Execution and Delivery of the Necessary Financing Documents In Connection Therewith; and Providing the Form and Term of the Bonds. AUSTERMAN moved to adopt Resolution No. FY2013 -13. The resolution allowed the Borough to issue up to $20,000,000 in revenue bonds to finance a new Long Term Care Center in Kodiak. The Borough would receive monthly lease payments from the Providence Kodiak Island Medical Center. These lease payments would cover all costs associated with the bond issue. The resolution included principal, interest, and issuance costs. The Providence Kodiak Island Medical Center would receive Medicaid funding to make these payments. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Bonney, Griffin, Kaplan, Lynch, and Austerman (Ayes); Stephens and Stutes (Noes). 5. Resolution No. FY2013 -24 Supporting the Alaska Fire Chiefs Association Self Contained Breathing Apparatus 2013 Legislative Capital Project. KAPLAN moved to adopt Resolution No. FY2013 -24. The resolution was requested by Bayside Fire Chief Bob Nimes in support of the Alaska Fire Chiefs Association's request for a statewide capital project to upgrade Self Contained Breathing Apparatus (SCBA) for Fire Stations across the State. This was a project of the Alaska Fire Chiefs Association to make required upgrades of firefighting self- contained breathing apparatus for fire stations across the State of Alaska. The Bayside, Kodiak City, and Womens Bay fire stations were participating in the project. Total cost for Kodiak fire stations to upgrade before July 2013 would be $89,700. The cost of upgrading to the new required standard after July 2013 would be $286,000. This was put together as a statewide funding request to assist smaller departments with limited budgets and to be fiscally prudent. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Stutes, Austerman, and Bonney. Ordinances for Introduction 1. Ordinance No. FY2013 -09 Amending Kodiak Island Borough Code of Ordinances Title 15 Buildings and Construction Chapter 15.10 Building Codes and Chapter 15.30 Fire Code to Standardize the Kodiak Island Borough and the City of Kodiak Building Codes. AUSTERMAN moved to adopt Ordinance No. FY2013 -09 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Assembly Minutes February 7, 2013 Page 9 The Kodiak Island Borough and the City of Kodiak operate a combined building inspection program and agreed to coordinate the building codes adopted by each of the local governments in order to ensure continuity throughout the jurisdiction of the joint program. A joint Borough /City committee (Joint Building Code Review Committee) met to review the building codes adopted by the Borough and City, and the Committee recommended that the Borough Assembly and City Council adopt updated versions of the building and fire codes. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Kaplan, Lynch, Stutes, Austerman, Bonney, and Griffin (Ayes); Stephens (No). AUSTERMAN moved to extend the meeting to midnight. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Lynch, Stutes, Austerman, Bonney, Griffin, and Kaplan (Ayes); Stephens (No). Other Items 1. Waive and Release All Attorney - Client Privileged Documents With Respect to the Borough's Contract with Kodiak Construction Services (KCS). STEPHENS moved to waive any and all privileges of confidentiality, including the attorney - client privilege, associated with respect to the communications listed on the attached memo and to release the documents to the public. GRIFFIN moved to limit debate on the motion. ROLL CALL VOTE ON MOTION TO LIMIT DEBATE CARRIED FIVE TO TWO: Austerman, Bonney, Griffin, Kaplan, and Lynch (Ayes); Stephens and Stutes (Noes). The debate was limited to three minutes per speaker. The agenda item was requested by Assembly member Stephens for the purpose of waiving any and all privileges of confidentiality, including the attorney - client privilege, in association with respect to the communications listed on a submitted memo. The waiver included releasing the documents to the public. ROLL CALL VOTE ON MAIN MOTION FAILED FIVE TO TWO: Austerman, Bonney, Griffin, Kaplan, and Lynch (Ayes); Stephens and Stutes (Noes). 2. Approval of the Planning and Zoning Commission By -Laws Amendment. AUSTERMAN moved to approve the amendment to the Planning & Zoning Commission By -laws Article IX Procedure, Section D New Information. At the Planning & Zoning Commission's November 21, 2012 regular meeting, the Commission reviewed and approved changes to its by -laws and recommended that they be forwarded to the Assembly for consideration and approval. The recommended changes were presented as Article IX Section D - New Information. Kodiak Island Borough Assembly Minutes February 7, 2013 Page 10 The proposed clarification was for the purpose of giving staff explicit instruction as to how information received after the stipulated timeframe for receipt of such information was to be handled and the section would read "Staff shall not give to the Commission any new information received less than fifteen days prior to a regular meeting date. Staff shall inform the Commission of new information received after the fifteen day deadline. That new information may be considered by the Commission for action at a future meeting or referred to the staff for study ". ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Kaplan, Lynch, Stephens, and Stutes. 3. State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Application for the Mecca Lounge. Licensee /Applicant: Mecca Inc. This item was approved under the consent agenda. The Clerk's office followed the procedure in KIBC 5.01.020 License renewal procedure. After the Clerk's office routine investigation, it was determined that there were no reasons for the Borough to voice non - protest. The Assembly voiced non - protest to the State of Alaska Alcoholic Beverage Control Board for the renewal application to the Mecca Lounge. 4. Confirmation of Mayoral Appointments to the Architectural /Engineering Review Board and Parks and Recreation Committee. (Robert Barton and Michael Scalzo) This item was approved under the consent agenda. There was currently one vacancy on the Architectural /Engineering Review Board for a term to expire December 2015 and one vacancy on the Parks and Recreation Committee for a term to expire December 2014. The Clerk's Office received the following applications for the boards: Architectural /Engineering Review Board /Application Received: Robert (Bill) Barton, January 4, 2013 Parks and Recreation Committee /Applications Received: Michael Scalzo, December 12, 2012 Gloria Scalzo, December 12, 2012 Ryan Murdock, January 9, 2013 The Assembly confirmed the Mayoral appointments of Mr. Robert Barton to the Architectural /Engineering Review Board for a term to expire December 2015 and Mr. Michael Scalzo to the Parks and Recreation Committee for a term to expire December 2014. 5. Confirmation of the Personnel Advisory Board Appointment. (Curtis Law) This item was approved under the consent agenda. There was currently one vacant seat on the Personnel Advisory Board for a term to expire December 2015. On January 17, 2013, the Clerk's Office received an application from Mr. Curt Law for the vacancy. Kodiak Island Borough Assembly Minutes February 7, 2013 Page 11 The Assembly confirmed the Assembly Appointment of Mr. Curt Law to the Personnel Advisory Board for a term to expire December 2015. 6. Declaring the ADF &G Advisory Committee Seat Vacant and Confirming an Appointment to the Salmon /Herring Vessels Seat on the Kodiak Fisheries Advisory Committee. (Oliver Holm) This item was approved under the consent agenda. With the restructuring of the Joint Kodiak Fisheries Advisory Committee in 2011, the Committee was left with a vacant Salmon /Herring Vessels seat. On January 11, 2013, KFAC Facilitator Trevor Brown notified the Clerk's Office that Mr. Oliver Holm expressed an interest vacate the Alaska Department of Fish and Game Advisory Committee representative seat and be appointed to the Salmon /Herring Vessels seat on the Committee. The Assembly declared the ADF &G Advisory Committee seat vacant and confirmed the appointment of Mr. Oliver Holm to the Salmon /Herring Vessels seat on the Joint Kodiak Fisheries Advisory Committee. 7. Appointment Recommendations to the Providence Kodiak Island Service Area Board. (Ranney and Saupe) This item was approved under the consent agenda. Per Contract No. 97 -07A: An advisory board meeting the requirements of 7AAC 13.030(a) will be appointed by Providence. One assembly member shall be appointed by Providence as a full voting member of the advisory board, and Providence shall give the borough the opportunity for review and comment before appointments to the advisory board are made. Assembly member Carol Austerman was the representative to this Board. Providence wished to reappoint Cecil Ranney and Gretchen Saupe for the three year terms. Per the Contract Provision cited above, the Borough Assembly was given the opportunity to comment before the appointments to the advisory board are made. The Assembly recommended the appointment of Mr. Cecil Ranney and Ms. Gretchen Saupe to the Providence Kodiak Island Service Area Board. 8. Declaring a Seat Vacant on the Planning and Zoning Commission (Brent Watkins). This item was approved under the consent agenda. On January 16, 2013, the Clerk's Office received notification of Mr. Brent Watkins resignation from the Planning and Zoning Commission, for a City seat term to expire December 2013. The Assembly accepted, with regret, the resignation of Mr. Brent Watkins from the Planning and Zoning Commission for a City seat term to expire December 2013, and directed the Borough Clerk to advertise the vacancy per Borough Code. Mayor Selby recessed the regular meeting at 11:33 p.m. and convened the Board of Adjustment. Kodiak Island Borough Assembly Minutes February 7, 2013 Page 12 BOARD OF ADJUSTMENT A. Findings of Fact for the Board of Adjustment's Decision Reversing in Part the Planning and Zoning Commission's Decision on Case 13 -006 Denying the Request of a Variance by Providing for 20 Parking Spaces Designated for Five Retail Parking Spots, Five Container Parking Spots, and Ten Tandem Parking Spots on the Pacific Seafood's Lot. AUSTERMAN moved to adopt the findings of fact as presented. Assembly members Lynch and Stephens each declared a conflict; Mayor Selby ruled in favor of the conflicts and Assembly members Lynch and Stephens stepped down from the dais. The Board of Adjustment heard its hearing on this case on December 6, 2012 and postponed the adoption of findings of fact to January 3, 2013. The Assembly finalized its findings of fact at the work session of December 27, 2012; however failed to adopt the findings at the January 3, 2013 meeting. The Assembly continued to work with the Borough Attorney to finalize the findings of fact. ROLL CALL VOTE ON MOTION TO ADOPT THE FINDINGS OF FACT AS PRESENTED CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stephens, Stutes, and Austerman. Chair of the Board Selby announced that a written decision would follow. The date on the written decision would be used for further appeal. Chair of the Board Selby announced that Kodiak Island Borough Section 17.225.100 Judicial Review stated, "Any person aggrieved by a final decision of the board of adjustment under this chapter may appeal the decision to the superior court within 30 days of the decision. An appeal to superior court shall be heard solely on the record before the board of adjustment or its hearing examiner and the commission. The appeal procedure shall be governed by the rules set forth in Part Six of the Rules of Appellate Procedure of the state of Alaska. The findings of the board of adjustment shall not be reversed if, in light of the whole record, they are supported by substantial evidence." Mayor Selby reconvened the regular meeting at 11:34 p.m. CITIZENS' COMMENTS Pat Branson, Don Rush, Margaret Roberts, Margaret Hall, and Sue Jeffrey thanked the Assembly for its support on the three agenda items regarding the Long Term Care Center. Chris Wing spoke against the findings of fact as adopted for the Board of Adjustment Appeal. ASSEMBLY MEMBER COMMENTS Assembly member Stutes commented on the survey provided by the Kodiak Chamber of Commerce. Assembly member Austerman, Griffin, and Stutes expressed gladness that the Long Term Care Center agenda items had been approved and thanked the community for its comments. Assembly member Kaplan and Lynch congratulated the Student of the Month award recipients. Kodiak Island Borough Assembly Minutes February 7, 2013 Page 13 Assembly member Lynch thanked Mr. Rush for his report on the PKIMC's operations. Assembly member Stephens spoke on concerns regarding the waiver of attorney - client privilege documents. Announcements The next Assembly work session was scheduled on Thursday, February 14 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, February 21 at 7:30 p.m. in the Borough Assembly Chambers. The Borough Offices would be closed on Monday, February 18 in observance of President's Day. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Stutes, Austerman, and Bonney. The meeting was adjourned at 11:53 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes February 7, 2013 Page 14 KODIAK ISLAND BOROUGH Assembly Special Meeting February 21, 2013 A special meeting of the Kodiak Island Borough Assembly was held on February 21, 2013 in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 11:32 a.m. Present were Mayor Jerome Selby, Assembly members Tuck Bonney, Aaron Griffin, Chris Lynch, and Mel Stephens. Staff members present were Assessor Bill Roberts, Finance Director Karl Short, and Clerk Nova Javier. BONNEY moved to excuse Assembly member Austerman, Kaplan, and Stutes who were absent due to their attendance of the Southwest Alaska Municipal Clerks Conference in Anchorage. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS' COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Resolution No. FY2013 -26 Authorizing the Borough to Issue General Obligation School Bonds in the Principal Amount Not to Exceed $25,000,000 to Provide Funds for School and Related Capital Improvements in the Borough and to Pay Costs of Issuing the Bonds, Fixing Certain Details of Such Bonds, Authorizing Their Sale, and Providing for Related Matters. GRIFFIN moved to adopt Resolution No. FY2013 -26. Section 29.47.410 of the Alaska Statutes provided that the Assembly by resolution may provide for the form and manner of sale of bonds and notes. Ordinance No. FY2010 -03 adopted on August 6, 2009, asked the question of whether the Borough should issue not to exceed $76,310,000, in general obligation bonds for the purpose of paying the cost of planning, designing, and constructing school and related capital improvements in the Borough, including without limitation, the reconstruction and renovation of the Kodiak High School, was presented to the voters at the regular Borough election held on October 6, 2009, as Proposition No. 1 ( "Proposition 1 "). Proposition 1 was passed and approved by the voters. The Assembly found that it was in the best interest of the Borough to plan, design, and construct the school capital improvements described in Proposition 1 as the reconstruction and renovation of the Kodiak High School (the "Project "), and to issue not to exceed $25,000,000 principal amount of general obligation bonds referred to in Proposition 1, to pay part of the costs of the Project and costs of issuing the bonds. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Lynch, and Stephens. Kodiak Island Borough Assembly Minutes February 21, 2013 Page 1 ADJOURNMENT BONNEY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Lynch, Stephens, and Bonney. The meeting was adjourned at 11:44 a.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes February 21, 2013 Page 2 ;° ° ' 4P-3. `4 KODIAK ISLAND BOROUGH %° eS'' AGENDA STATEMENT a s REGULAR MEETING OF: MARCH 7, 2013 ITEM NO.: 9.A TITLE: Ordinance No. FY2013 -09 Amending Kodiak Island Borough Code of Ordinances Title 15 Buildings and Construction Chapter 15.10 Building Codes and Chapter 15.30 Fire Code to Standardize the Kodiak Island Borough and the City of Kodiak Building Codes. ORIGINATOR: Borough Clerk FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2013 -09 APPROVAL FOR AGENDA: ,/ SUMMARY STATEMENT: The Kodiak Island Borough and the City of Kodiak operate a combined building inspection program and have agreed to coordinate the building codes adopted by each of the local governments in order to ensure continuity throughout the jurisdiction of the joint program. A joint Borough /City committee has met to review the building codes adopted by the Borough and City, and that committee has recommended the Borough Assembly and City Council adopt updated versions of the building and fire codes. In checking with the City of Kodiak, a similar ordinance is scheduled for public hearing and adoption on February 28. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013 -09. Kodiak Island Borough Page 1 of 1 Introduced by: Administrative Official Cassidy Requested by: Building Inspector 1 Drafted by: Building Inspector /Borough Clerk 2 Introduced: 02022013 3 Public Hearing: 03072013 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2013 -09 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 15 11 BUILDINGS AND CONSTRUCTION, CHAPTER 15.10 BUILDING CODES AND 12 CHAPTER 15.30 FIRE CODE TO UPDATE AND STANDARDIZE THE KODIAK ISLAND 13 BOROUGH CODE. 14 15 WHEREAS, the Joint Building Code Review Committee met with the building official in 16 2012 to consider revisions to the building codes; and 17 18 WHEREAS, the Joint Building Code Review Committee reviewed the 2012 International 19 Residential Code (IRC); and 20 21 WHEREAS, the Joint Building Code Review Committee reviewed the 2009 International 22 Building Code (IRC) and Appendix J, Grading; and 23 24 WHEREAS, the Joint Building Code Review Committee reviewed the 2009 International 25 Fire Code (IFC); and 26 27 WHEREAS, the Joint Building Code Review Committee reviewed the 2009 Uniform 28 Plumbing Code (UPC), 2009 International Mechanical Code (IMC), 2011 National 29 Electrical Code (IEC), and the 2009 International Fuel Gas Code; and 30 31 WHEREAS, the Joint Building Code Review Committee has recommended that the City 32 of Kodiak and the Kodiak Island Borough adopt updated building code editions; and 33 34 WHEREAS, the Joint Building Code Review Committee made the motions to adopt the 35 above codes with revisions as it applies to the Kodiak Island Borough Code, Chapter 15; 36 and 37 38 WHEREAS, the motion passed by a majority vote of the Committee; and 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 41 BOROUGH THAT: 42 43 Section 1: This ordinance is of a general and permanent nature and shall become a 44 part of the Kodiak Island Borough Code of Ordinances; 45 46 Section 2: Title 15 Buildings and Construction Chapter 15.10 Building Codes, 47 15.10.010 Adoption of building and other codes is hereby amended as 48 follows: 49 Kodiak Island Borough Ordinance No, FY2013 -09 Page 1 of 8 50 51 Chapter 15.10 52 BUILDING CODES 53 Sections: 54 15.10.010 Adoption of building and other codes. 55 15.10.020 Repealed. 56 15.10.030 Copies on file for sale. 57 15.10.040 Repealed. 58 15.10.050 Remote area exemption. 59 15.10.060 Plan check and approval. 60 15.10.070 Repealed. 61 15.10.080 _ • • a •• s.'• •e _ee: _:•'e- -e_ - • - - - -. Use of Local Sitka 62 Spruce Allowed in One- and Two - Family Dwelling. 63 15.10.090 e = - ' e • e _ e e : - - _ - • - e : _ _ . • - _ _ - International 64 Building Code Appendix J Grading 65 15.10.100 Sanitation facilities. 66 15.10.110 Building permit fees. 67 15.10.120 Temporary structures. 68 15.10.130 Roof snow load. 69 15.10.140 Repealed. 70 15.10.150 Repealed. 71 15.10.160 Footings — General. 72 15.10.170 Certificate of occupancy. 73 15.10.180 Hoop houses. 74 15.10.010 Adoption of building and other codes. 75 The following codes are hereby adopted by reference as the building codes for the 76 borough: 77 A. The 2006 2009 International Building Code, as adopted with revisions in 13 AAC 78 50.020 in effect ac of September 17, 2007, and including Appendix H, Signs, for all 79 buildings except one- and two- family dwellings and residential accessory buildings; 80 provided, that the following revisions to the 2006 2009 International Building Code in 13 81 AAC 50.020 are not adopted: (i) the deletion in 13 AAC 50.020(1) of Sections 103, 104.4, 82 104.6, 104.8, 105.4, 406.5, 107.5, 108.2, 108.4, 108.5, 98 109.2, 109.5, and 110 to 115 83 and_(ii) the revisions in 13 AAC 50.020(7), (8), (9), (10), (11), (16), (17), (66), (73), (74) 84 and (77) (78); 85 86 111-997 Uniform- Building Code for one and two family dwellings and residential 89 D High Wind Wall Framing and Wood Piles, by Barry Still; 90 91 B. 2012 International Residential Code For One and Two Family Dwellings with the 92 following revisions. 93 94 1. R105.2. Work exempt from permit is amended to read as follows: 95 Building: #10. Decks not exceeding 200 square feet (18.58 m in area, that are 96 not more than 30 inches (762 mm) above grade at any Point. 97 and do not serve the exit door required by Section R31 -1-4, 98 1 Kodiak Island Borough, Alaska Ordinance No. FY2013 -09 Page 2 of 8 99 2. R301.2.1.1 Wind limitations and wind design required is amended to read as 100 follows at the end of the section: 101 The following may be built to Seismic design category D2 with 110 MPH wind speed in B 102 and C wind exposure areas provided that the house was permitted before the adoption of 103 the 2012 Residential Building Code. 104 1) One permit only. An addition that is not more than 15% of the total gross square 105 foot area of the existing building that the addition will be attached to. Roof pitch is a 106 maximum of 5/12 or less. One story additions may be built on a piling foundation provided 107 existing building has a piling foundation. 108 2) Other exempt structures in section R105.2 Work exempt from permit. 109 110 3. R311.7.5.1 Risers is amended to read as follows: 111 The maximum riser height shall be 7 3/4 8 inches (4-96 203mm). The riser shall be 112 measured vertically between leading edges of the adjacent treads. The greatest riser 113 height within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 114 mm). Risers shall be vertical or sloped from the underside of the nosing of the tread above 115 at an angle not more than 30 degrees (0.51 rad) from the vertical, Open risers are 116 permitted provided that the opening between treads does not permit the passage of a 4- 117 inch - diameter (102 mm) sphere. 118 119 4. R311.7.5.2 Treads is amended to read as follows: 120 The minimum tread depth shall be 4-0 9 inches (251 228mm). The tread depth shall be 121 measured horizontally between the vertical planes of the foremost projection of adjacent 122 treads and at a right angle to the tread's leading edge. The greatest tread depth within any 123 flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm). 124 125 5. R313.1 Townhouse automatic fire sprinkler systems is amended to read as 126 follows: 127 An automatic residential fire sprinkler system shall may be installed in townhouses. 128 129 6. R313.2 One and two - family dwellings automatic fire sprinkler systems is 130 amended to read as follows: 131 An automatic residential fire sprinkler system chall may be installed in one- and two - family 132 dwellings. 133 134 7. Chapter 11, Energy Efficiency. Remove. 135 136 8. Chapters 24, 25, 26, 27, 28, 29, 30, 31, 32, & 33. Remove plumbing chapters 137 related to the International Residential Code and insert the 2009 Uniform Plumbing Code. 138 139 9. Chapters 34, 35, 36, 37, 38, 39, 40, 41, 42, & 43. Remove electrical chapters of 140 the International Residential Code and insert the 2011 National Electrical Code. 141 142 10. M2002.5. Boiler low -water cutoff is amended to read as follows: 143 All steam and -diet -water boilers shall be protected with a low -water cutoff control. The low - 144 water cutoff shall automatically stop the combustion operation of the appliance when the 145 water level drops below the lowest safe water level as established by the manufacturer. 146 147 1 C. 2006 2009 International Building Code Appendix J, Grading; 148 149 D. The 2906 2009 Uniform Plumbing Code, as adopted with revisions in 8 AAC 63.010 in 150 effect as of September-2-7 February 23, 2011, Appendix Chapter B, Explanatory Kodiak Island Borough, Alaska Ordinance No. FY2013 -09 Page 3 of 8 151 Notes on Combination Waste and Vent Systems; and Appendix Chapter H, 152 Recommended Procedures for Sizing Commercial Kitchen Grease Interceptors; 153 154 1 E. The 2096 2009 International Mechanical Code, as adopted with revisions in 13 AAC 155 50.023 in effect as of September 17, 2007, except for the deletions in 13 AAC 50.023(1) of 156 Sections 103, 104, and 106 to 409 110 of the-2006 2009 International Mechanical Code; 157 158 F. The 2008 2011 National Electrical Code. 159 1. New - Section 300.4(G) Protection Against Physical Damage is amended to 160 read as follows: 161 Where subject to physical damage, conductors, raceways, and cables shall be 162 protected.Thermoplastic type insulated conductors may not be installed when the 163 working environment is below 20° Fahrenheit. 164 165 2. Section 440,8 410.16 is amended to read as follows: 166 410.816 Luminaries (Fixtures) and Transformers in Closets. 167 168 G.The 1997 Uniform Code for the Abatement of Dangerous Buildings; 169 170 H.The 1997 Uniform Housing Code; and 171 172 1 I. 2006 2009 International Fuel Gas Code, Chapters 6 and 7. 173 They are adopted to regulate erection, construction, enlargement, alteration, repair, 174 moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and 175 maintenance of buildings or structures in the borough; to provide for the issuance of 176 1 permits and collection of fees therefor therefore; and to provide penalties for violations of 177 these regulations. The building codes so adopted shall be interpreted, administered, and 178 enforced with the local amendments hereinafter specifically set forth, by the borough 179 building official, who is authorized to take such action as may be reasonably necessary to 180 enforce the purposes of this section. The borough manager may appoint or authorize an 181 assistant or agent to the building official if necessary to carry out the provisions of this 182 section. [Ord. FY2009 -12 §2, 2008; Ord. FY2006 -02 §2, 2005; Ord. 02 -08 §2, 2002; Ord. 183 99 -04 §2, 1999; Ord. 97 -05 §3, 1997; Ord. 92 -11 §2, 1992; Ord. 91 -13 §2, 1991; Ord. 91- 184 01 §2, 1991; Ord. 88 -18 -0 §3, 1988; Ord. 85 -13 -0 §1, 1985; Ord. 84 -61 -0 §10, 1984; 185 Ord. 84 -42 -0 §2, 1984. Formerly §15.04.010]. 186 187 Section 3: Title 15 Buildings and Construction Chapter 15.10 Building Codes, Section 188 15.10.080 Uniform Building Code Section 2305 amended is hereby 189 amended as follows: 190 15.10.080 - •' _ •• _ - - - - - - - - -' - - .. Use of Local Sitka Spruce 191 Allowed in One- and Two - Family Dwelling. 192 Ungraded, locally manufactured Sitka Spruce lumber may be used in the construction of 193 one -story and two -story dwellings and accessory buildings. The following values shall be 194 used in determining the structural adequacy of member sizes: 195 Fb single use = 800 # /sq. in. 196 Fb repetitive = 925 # /sq. in. 197 Ft = 475 # /sq. in. 198 Fv = 75 # /sq. in. 199 Fc_ = 435 # /sq. in. 200 Fc = 825 # /sq. in. 201 E = 1,200,000 # /sq. in. Kodiak Island Borough, Alaska Ordinance No. FY2013 -09 Page 4 of 8 202 [Ord. 97 -05 §3, 1997; Ord. 88 -18 -0 §6, 1988; Ord. 84 -42 -0 §2, 1984. Formerly 203 §15.04.050]. 204 205 Section 4: Title 15 Buildings and Construction Chapter 15.10 Building Codes, Section 206 15.10.090 Uniform Building Code Appendix Chapter 33 amended is hereby 207 amended as follows: 208 15.10.090 - • - •• ' •- - -._ -- - •. - _ -- - • -- .. International 209 Building Code Appendix J Grading. 210 Appendix Chapter-33 of tho 1007 Uniform Building -Code J of the 2009 International 211 Building Code is amended to read as follows: 212 Section 3306.2 J103.2 1. When approved by the building official, 213 grading in an isolated area if there is no danger to private or public 214 property. For purposes of this section, a lot located in a recorded 215 subdivision shall not be considered an isolated, self- contained area. 216 2. An excavation below finished grade for basements and footings of a 217 building, retaining wall or other structure authorized by a valid building 218 permit. This shall not exempt any fill made with the material from such 219 an excavation or exempt any excavation having an unsupported height 220 greater than 10 feet after the completion of such structure. 221 8. An excavation which is (1) less than five (5) feet in depth, or (2) which 222 does not create a cut slope greater than ten (10) feet in height and 223 steeper than 1 1/2 horizontal to 1 vertical. 224 9. A fill less than five (5) feet in depth and placed on natural terrain with 225 a slope flatter than 3 horizontal to 1 vertical, not intended to support 226 structures, which does not obstruct a drainage course. 227 Section 3312.2 J106.1 Slope. The slope of cut surfaces shall be no 228 steeper than is safe for the intended use and shall be no steeper than 229 1/2 horizontal to one (1) vertical in solid rock and 2 horizontal to 1 230 vertical in other soils unless the permittee furnishes a soil engineering 231 or an engineering geology report, or both, stating that the site has been 232 investigated and giving an opinion that a cut at a steeper slope will be 233 stable and not create a hazard to public or private property. Where the 234 cut slope in rock exceeds thirty feet in height, a ten foot wide bench 235 shall be provided at twenty feet and at twenty foot intervals thereafter. 236 For slopes greater than 1 1/2 horizontal to 1 vertical, the adjacent 237 property line shall be fenced except along public right -of -way before 238 excavation is begun. 239 Section 3313.2 J107.2 Preparation of Ground. The ground surface shall 240 be prepared to receive fill by removing vegetation, noncomplying fill, 241 topsoil and other unsuitable materials, scarifying to provide a bond with 242 the new fill and, where slopes are steeper than five to one, and the 243 height is greater than 5 feet, by benching into sound bedrock or other 244 competent material as determined by the soils engineer. The bench 245 under the toe of a fill on a slope steeper than 5 to one (1) shall be at 246 least 10 feet wide. The area beyond the toe of fill shall be sloped for 247 sheet overflow or a paved drain shall be provided. When fill is to be Kodiak Island Borough, Alaska Ordinance No. FY2013 -09 Page 5 of 8 248 placed over a cut, the bench under the toe of fill shall be at least ten feet 249 (10') wide but the cut must be made before placing fill and accepted by 250 the soils engineer and engineering geologist as a suitable foundation for 251 fill. Unsuitable soil is soil which, in the opinion of the building official or 252 the civil engineer or the soils engineer or the geologist, is not competent 253 to support other soil or fill, to support structures or to satisfactorily 254 perform the other functions for which the soil is intended. 255 Section 335 J107.6 Slope. The slope of fill surfaces shall be no 256 steeper than is safe for the intended use. Fill surfaces shall be no 257 steeper than two horizontal to one vertical for soils other than fractured 258 rock and one and one -half horizontal to one vertical for fractured rock. 259 Section 3316.1 J110.1 Slopes. The faces of cut and fill slopes shall be 260 prepared and maintained to control against erosion. This control may 261 consist of effective planting. The protection for the slopes shall be 262 installed as soon as practical and prior to calling for final approval. 263 Where cut slopes are not subject to erosion due to the erosion - resistant 264 character of the materials, such protection may be omitted. Any topsoil 265 available from any cut area shall be stockpiled and used to recover the 266 excavation site upon completion of grading and shall be seeded with 267 appropriate grasses. 268 [Ord. 99 -04 §2, 1999; Ord. 97 -05 §3, 1997; Ord. 92 -11 §5, 1992; Ord. 84 -42 -0 §2, 1984. 269 Formerly §15.04.055]. 270 271 Section 5: Title 15 Buildings and Construction Chapter 15.30 Fire Code, Section 272 15.30.010 Adoption is hereby amended as follows: 273 Chapter 15.30 274 FIRE CODE 275 Sections: 276 15.30.010 Adoption. 277 15.30.015 Exeept:en,Repealed. 278 15.30.020 Copies on file /sale. 279 15.30.025 Fire Safety Inspection Program 280 15.30.030 Plan review 281 * For statutory provisions authorizing adoption by reference to codes of regulations, see 282 AS 29.25.040. 283 15.30.010 Adoption. 284 The 2006 2009 International Fire Code, including Appendices A through G, as adopted 285 with revisions in 13 AAC 50.025 in effect as of September 17, 2007 February 1, 2013, 286 except for the deletions in 13 AAC 50.025(1) of Sections 103, 104.2, 104.3, 104.4, 104.5, 287 104.6, 104.10,104.11, 104.11.1, 104.11.2, 106, 108, 109, and 109 111, of the 2006 and is 288 revised by deleting the references to the International Property Maintenance Code, and 289 the International Residential Code of the 2009 International Fire Code is hereby adopted 290 by reference as the fire code for the borough. This code establishes regulations affecting 291 or relating to structures, processes, premises and safeguards regarding: 292 293 1. The hazard of fire and explosion arising from the storage, handling or use of 294 structures, materials or devices; Kodiak Island Borough, Alaska Ordinance No. FY2013 -09 Page 6 of 8 295 2. Conditions hazardous to life, property or public welfare in the occupancy of 296 structures or premises; 297 3. Fire hazards in the structure or on the premises from occupancy or operation; 298 4. Matters related to the construction, extension, repair, alteration or removal of fire 299 suppression or alarm systems; and 300 5. Conditions affecting the safety of fire fighters and emergency responders during 301 emergency operations. 302 The fire codes so adopted shall be interpreted, administered, and enforced with the local 303 amendments hereinafter by a Manager appointed fire code official who is authorized to 304 take such action as may be reasonably necessary to enforce the purposes of this section. 305 The Manager may appoint or authorize an assistant or agent to the fire code official if 306 necessary to carry out the provisions of this section. 307 308 Section 6: Title 15 Buildings and Construction Chapter 15.30 Fire Code, Section 309 15.30.015 Exception is hereby repealed as follows: 310 311 312 Article 78, Fireworks, of tho adopted Uniform Fire Code, is repealed. [Ord. 02 11 §0, 1002; 313 Ord. 85 13 0 §3, 1085. Formerly §15.2 , 1.015]. 314 1 315 Section 7: Title 15 Buildings and Construction Chapter 15.30 Fire Code, Section 316 15.30.020 Copies on file /sale is hereby amended as follows: 317 318 1 15.30.020 Copies on file /sale. 319 After adoption, •e-: - -- -- 320 code adopted purcuant to KIBC 15.30.010. the fire code official shall make available the 321 information necessary to provide for purchasing copies of the Fire Code or referenced 322 standards. [Ord. 97 -05 §5, 1997; repealed by Ordinance No. 92 -11, effective July 2, 1992. 323 Former section derived from Ordinance No. 84 -42 -0 §2, 1984. Formerly §15.24.020]. 324 325 Section 8: Title 15 Buildings and Construction Chapter 15.30 Fire Code, Section 326 15.30.025 Fire Safety Inspection program is hereby enacted as follows: 327 328 15.30.025 Fire Safety Inspection program 329 The fire code official will conduct a fire code inspection program which meets or exceeds 330 the program conducted by the State Division of Fire and Life Safety. 331 332 Section 9: Title 15 Buildings and Construction Chapter 15.30 Fire Code, Section 333 15.30.030 Plan review is hereby enacted as follows: 334 335 15.30.030 Plan review 336 The fire code official will assist in the review of fire suppression, fire alarm, and site plan 337 reviews for the purposes of emergency response and suppression with the Building Code 338 Official. 339 340 Section 10: This Ordinance takes effect upon adoption. 341 Kodiak Island Borough, Alaska Ordinance No. FY2013 -09 Page 7 of 8 342 343 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 344 THIS DAY OF 2013 345 346 347 KODIAK ISLAND BOROUGH 348 349 350 351 Jerome M. Selby, Borough Mayor 352 353 ATTEST: 354 355 356 357 Nova M. Javier, MMC, Borough Clerk 358 359 360 Kodiak Island Borough, Alaska Ordinance No. FY2013 -09 Page 8 of 8 c qA ; „ KODIAK ISLAND BOROUGH / CITY OF KODIAK es A .;>, JOINT BUILDING CODE REVIEW COMMITTEE o , BASK : NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE CITY BUILDING CODE BOARD OF APPEALS REPRESENTATIVES Scott Arndt 2012 481 -3745 414 491- sIa3745@vahoo.com PO Box 76 3745 Kodiak, AK 99615 John Butler 2012 486 -4604 486 -3706 jbihs(a PO Box 2610 Kodiak, AK 99615 Ed Mahoney 2012 486 -5759 486 -5759 builders(a 3944 Spruce Cape Rd. Kodiak, AK 99615 BOROUGH ARCHITECTURAL REVIEW BOARD REPRESENTATIVES Scott Bonney 2014 486 -4005 654 -7938 stralaska@gmail.com PO Box 5524 Chiniak, AK 99615 Gregg Hacker 2013 486 -4392 481 -2288 539 -5230 ghacker01(cilkibsd.orq PO Box 967 Kodiak, AK 99615 -0967 NON - VOTING EX- OFFICIOS Assembly Representative mel.stephens@kibassemblv.orq Mel Stephens 2014 486 -3143 PO Box 1129 mmstep@gci.net Kodiak, AK 99615 City Council Representative 2012 486 -3364 909 -238- randvb 24@hotmail.com Randall Bishop 0494 402 West Marine Way, Suite 300 Kodiak, AK 99615 STAFF: i s _ - it • BUILDING OFFICIAL, DOUG MATHERS 486 -8072 dmathers(Wcity.kodiak.ak.us CITY OF KODIAK / KODIAK ISLAND BOROUGH 720 MILL BAY ROAD ROOM 208 KODIAK, AK 99615 Revision Date: 11/2/2012 Revised by: JK ¢ ° *f - KODIAK ISLAND BOROUGH Ay,: ' AGENDA STATEMENT REGULAR MEETING OF: MARCH 7, 2013 ITEM NO.: 12A TITLE: Ordinance No. FY2013 -13 Rezone of a Portion of Kodiak Island Borough Landfill Tract, per Plat 96 -31, From C- Conservation Zoning District To I- Industrial Zoning District (Case 13 -012). ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ® No Account Number: Amount Budgeted: ATTACHMENTS: Substitute Ordinance No. FY2013 -13; Exhibit Map; Supplemental Staff Report APPROVAL FOR AGEND SUMMARY STATEMENT: At the regular assembly meeting of February 7, 2013, the assembly postponed action on proposed Ordinance No. FY2013 -13 and directed staff to meet with representatives of the Monaska Bay Road Service Area to consult on a new reduced boundary for the proposed landfill rezone to I- Industrial. Two meetings were held, one on February 15, 2013 and a follow -up meeting on February 20, 2013. In addition, both the Borough Manager and a GIS Analyst participate in a hike through the area of Kodiak Island Borough Landfill Tract located outside the active landfill area. The attached substitute ordinance and staff recommendations were developed in consultation with community representatives. There are three distinct recommendations referenced there. First, to adopt Substitute Ordinance No. FY2013 -13 to rezone a reduce area of the Kodiak Island Borough Landfill Tract from C- Conservation to I- Industrial. Second, to initiate a new rezone investigation for the balance of the Kodiak Island Borough Landfill Tract from a combination of PL- Public Use Land zoning and C- Conservation zoning to NU- Natural Use Land zoning. And three, to initiate a review of the landfill greenbelt ordinance (KIB Ordinance No. 98 -06) to run concurrently with the new rezone investigation. RECOMMENDED MOTIONS: Move to amend Ordinance No. FY2013 -13 by substitution. Move to adopt Ordinance No. FY2013 -13 as amended and direct staff to: • initiate a rezone investigation, in accordance with KIBC 17.205.030.A, for the remainder of Kodiak Island Borough Landfill Tract and Lot 2, Sawmill Subdivision, as shown in attached Exhibit B, from a combination of PL- Public Use Land zoning and C- Conservation zoning to NU- Natural Use Land zoning. • initiate a review of the KIB Ordinance No. 98 -06, the landfill greenbelt buffer ordinance, to run concurrently with the rezone investigation for the remainder of the Kodiak Island Borough Landfill Tract as indicated on Exhibit B, in order to determine whether adjustments or reconfiguration of the greenbelt buffer ordinance are warranted in the context of proposed parcel boundary and zoning changes. Kodiak Island Borough Page 1 of 1 SUBSTITUTED VERSION Introduced by: Borough Manager Requested by: Borough Manager 1 Drafted by: CDD Staff Introduced: 02/07/2013 2 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2013 -13 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 REZONING A PORTION OF KODIAK ISLAND BOROUGH LANDFILL TRACT, PER 10 PLAT 96 -31, FROM C— CONSERVATION ZONING DISTRICT TO I— INDUSTRIAL 11 ZONING DISTRICT (CASE 13 -012) 12 13 WHEREAS, the Planning and Zoning Commission received a request to rezone a 14 214.4 acre tract of land along Monashka Bay Road; and 15 16 WHEREAS, at an advertised public hearing consistent with KIB 17.205.040, the 17 Commission considered the merits of the rezone request; and 18 19 WHEREAS, the Commission voted to recommend to the Borough Assembly that a 20 portion of this land, excepting the area subject to the "Greenbelt" Ordinance No. 98 -06, 21 be rezoned with the finding that the public necessity, convenience, and general welfare 22 and good zoning practice would be enhanced by such action; and 23 24 WHEREAS, the Commission recommended that this rezone request be reviewed and 25 approved by the Borough Assembly; and 26 27 WHEREAS, the Assembly referred the proposed rezoning to the Monashka Bay Road 28 Service Area Board for further review and comment; and 29 30 WHEREAS, discussions between the board and staff have resulted in a further 31 reduction of the area intended to be rezoned to the I- Industrial zoning district; and 32 33 WHEREAS, the remainder of the Kodiak Landfill Tract will be considered for rezone to 34 NU- Natural Use zoning district in a separate review process to be initiated by the 35 Assembly and the "Greenbelt" Ordinance No. 98 -06 will also need to be considered for 36 amendment to acknowledge the change of zoning to be enacted here and the planned 37 developments currently being undertaken on the revised landfill site. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK 40 ISLAND BOROUGH THAT: 41 42 Section 1: This ordinance is not of a general and permanent nature and shall not 43 become a part of the Kodiak Island Borough Code of Ordinances; 44 45 Section 2: A portion of Kodiak Landfill Tract as identified on the attached Exhibit A, 46 per Plat 96 -31, is rezoned from C- Conservation Zoning District to I — 47 Industrial Zoning District. 48 Kodiak Island Borough, Alaska Ordinance No. FY2013 -13 Page 1 of 2 r 49 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 50 Commission are hereby confirmed as follows: 51 52 17.205.020 A. Findings as the Need and Justification for a Change 53 or Amendment. 54 55 Responsible management of a community's waste stream is a necessary 56 function of local government. 57 58 Providing the means and venues for managing a community's waste 59 stream fulfills the government's responsibility as such. 60 61 No other consolidated tract of land with the requisite size, accessibility, 62 and zoning is available. 63 64 The area to be rezoned I- Industrial is reduced to the minimum that is 65 necessary to support continued landfill operations and the remainder of 66 the site will be further reviewed for rezone to NU- Natural Use zoning 67 district. 68 69 Maintaining an adequate greenbelt /buffer area between landfill activities 70 and residential areas is necessary to protect the health, safety and 71 general welfare of residents who rely on ground water for their wells. 72 73 17.205.020 B. Findings as to the Effect a Change or Amendment 74 would have on the Objectives of the Comprehensive Plan. 75 76 A rezone of the subject parcel would be consistent with objectives of the 77 2008 Kodiak Island Borough Comprehensive Plan Update. 78 79 A rezone of the subject parcel would work to implement the 80 Comprehensive Plan. 81 82 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 83 THIS DAY OF 2013 84 85 86 KODIAK ISLAND BOROUGH 87 88 89 90 Jerome M. Selby, Borough Mayor 91 92 ATTEST: 93 94 95 96 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2013 -13 Page 2 of 2 SUPPLEMENTAL MEMORANDUM DATE: February 22, 2013 TO: Mayor and Assembly FROM: Community Development Department SUBJECT: Information for the March 7, 2013 Regular Meeting CASE: 13 - 012 APPLICANT: Kodiak Island Borough AGENT: Mike Patterson REQUEST: A investigation, according to KIBC 17.205.030.C, to rezone a Portion of the Kodiak Island Borough Landfill Tract, per Plat 96 -31, from C- Conservation zoning district to I- Industrial zoning district. LOCATION: 1203 E. Monashka Bay Rd. ZONING: C - Conservation Zoning District Date of site visit: The Borough Manager and GIS Analyst attended a community hike around portions of the landfill tract on Saturday, February 16, 2013. COMMENTS This memorandum is intended to supplement the original staff report produced for this case. As such, it focuses only on those items which staff was specifically directed by the assembly to address with representatives of the Monashka Bay Road Service Area Board (MBRSAB) and residents of the area. Staff from the Community Development Department and the Engineering and Facilities Department met with MBRSAB and representatives of the community on February 15, 2013 and February 20, 2013. The revised recommendations incorporated into the substitute ordinance are substantially based upon this consultation. Normally when there are perceived deficiencies in the rezone review process, a remand to the lower (P &Z Commission) level of review is the best way to correct those deficiencies. That would allow for an expanded public notice to be conducted and a new public hearing process in accordance with the procedure set forth in KIBC 17.205 (Amendments and Changes). In addition, a substantial change in the scope of a rezone review which might include the consideration of new zoning districts or new territory not previously considered at the commission level could also be considered justification for remand. It is, however, common practice that when a request is advertised that the commission or assembly can always reduce or minimize the scope of the original request as advertised without triggering the need to re- accomplish a portion of the rezone review process. Case No. 13 -012 Supplemental Staff Rpt Page 1 of 3 The timing of a remand could conflict with the initiation of Phase III of the Lateral Expansion which is due to begin in June of this year. The Engineering and Facilities Department is poised to begin the next phase of the development for the new water treatment facility, the design for which is now being completed. A remand back to the commission to re- accomplish the initial review stages would typically see this case come back to the assembly in late May or early June assuming that everything goes smoothly. If the I- Industrial zoning is not obtained for this water treatment plant area by the time the project is ready to begin, the lack of zoning compliance and building permits could delay the project and incur additional project costs. For this reason, staff is recommending bifurcation of the original (but scaled back) zoning request for (- Industrial zoning and the suggested rezone of the remainder of the tract to NU- Natural Use zoning into two distinct cases. The first case would be a scaled back request for the rezone of active landfill area to the minimum area necessary to continue those current and planned activities so that they can be moved into compliance with relevant zoning codes and permitting. The second case would be initiated by assembly motion, in accordance with KIBC 17.205.030.A (Manner of Initiation), for the remainder of the Kodiak Island Borough Landfill Tract and Lot 2, Sawmill Subdivision. This new case will then be referred back to the Planning and Zoning Commission to begin the process and the merits of the request can be provided the full consideration that is required by the process described in KIBC 17.205 (Amendments and Changes). In order to address the existing rezone request for Case 13 -012, staff has drafted a substitute ordinance for the landfill based on input from the KIB Engineering and Facilities Department and representatives of the community. It should be noted that the ordinance refers to a new legal description based on the research of the GIS staff. It appears that the landfill site was surveyed and platted in 1996 resulting in Plat 96 -31. This created the Kodiak Island Borough Landfill Tract. Subsequent materials for these cases will now refer to this legal description. New information has been added to the background statements and findings of the substitute ordinance to describe the additional process the case has undergone. It should be further noted that the scaling back of the request eliminates any change to existing PL- Public Use Land zoned areas. As a result, the ordinance is simpler in that it only references a rezone from C- Conservation to I- Industrial for the active landfill site. Because GIS staff has been attending the Alaska Mapping and Surveying Conference this week, it was not possible to develop a new metes and bounds description for the rezone area. In the alternative, the substitute ordinance refers to an Exhibit A, which will graphically show the reduced area of the rezone request. In meetings with the community it was requested that the exhibit also show the greenbelt boundary established by KIB Ordinance No. 98 -06. Along with the consideration of the Natural Use zoning district for the balance of the Kodiak Island Borough Landfill Tract, it would also be necessary to consider the implications of these changes to the current greenbelt boundary established by KIB Ordinance No. 98 -06. This ordinance is not a zoning district and therefore does not need to conform to the procedure set forth in KIBC 17.205 (Amendments and Changes). Although this ordinance is legislative in nature, it will of necessity need to be considered concurrently with the proposed change to zoning boundaries and districts associated with the landfill tract. For this reason a third motion will also be suggested by staff to initiate a review of that ordinance along with the initiation of the new rezone request. Case No. 13 -012 Supplemental Staff Rpt Page 2 of 3 OTHER ISSUES RAISED BY THE COMMUNITY Water quality and drainage issues were mentioned prominently in the consultation with community representatives. These issues pertain to the day -to -day operations of the landfill and are largely beyond the scope of zoning to resolve, other than through an outright prohibition of the landfill use in its current location. In addition, water quality is an issue regulated by the Alaska Department of Environmental Conservation (ADEC) and the U.S. Environmental Protection Agency (EPA). While the KIB Engineering and Facilities Department works with ADEC to ensure that the landfill is in compliance with applicable water quality regulations, they are considering ways to address the reasonable concerns of local residents that fall outside the scope of the rezone review process. The proposed new water treatment facility is one manifestation of those efforts. RECOMMENDATION Staff recommends that the Assembly adopt Substitute Ordinance No. FY2013 -13 to rezone a Portion of the Kodiak Island Borough Landfill Tract from C- Conservation to I- Industrial. Staff also recommends the Assembly initiate a new rezone request for the balance of the Kodiak Island Borough Landfill Tract and Lot 2, Sawmill Subdivision from a combination of PL- Public Use Land zoning and C- Conservation zoning to NU- Natural Use Land zoning. Lastly, staff recommends that the Assembly adopt a motion to initiate a review of KIB Ordinance No. 98 -06 to consider whether a revision of the greenbelt is merited in light of the zoning changes anticipated for this area. APPROPRIATE MOTIONS Should the Assembly agree with staff recommendation #1, the appropriate motion is: Move to adopt Substitute Ordinance No. FY2013 -13 Should the Assembly agree with staff recommendation #2, the appropriate motion is: Move to initiate a rezone investigation, in accordance with KIBC 17.205.030.A, for the remainder of Kodiak Island Borough Landfill Tract and Lot 2, Sawmill Subdivision, as shown in attached Exhibit B, from a combination of PL- Public Use Land zoning and C- Conservation zoning to NU- Natural Use Land zoning. Should the Assembly agree with staff recommendation #3, the appropriate motion is: Move to initiate a review of KIB Ordinance No. 98 -06, the landfill greenbelt ordinance, to run concurrently with the rezone investigation for the remainder of the Kodiak Island Borough Landfill Tract, as depicted in attached Exhibit B. Case No. 13 -012 Supplemental Staff Rpt Page 3 of 3 Exhibit A \ (As described in Plat 1996-31) 1)fro om Conservatio n ation to Ind (As r in l 1931) fr Caion Industrial. Beginning at the most southwesterniy point of the parcels intersection 0 with the Monashka Bay Road and continuing along the right -of -way to the east till the south most point on Sawmill Subdivision Lot 1, then along the southwest lot line of Sawmill Subdivision Lot 1 to a point of intersection with the Public Use Zoning from Kodiak Island Borough Ordinance 84- 58 -0(A), then along the boundary of that area described in said ordinance to the southwest to a point of intersection with the lot line of the Landfill Tract to the point of beginning. et \ \ � \ Kodiak Island Borough I I t/ t i . - • rc�U et- nd,Bounda .Ordinance.84.58 -0 A • . ,..\ \� \ \ \ \ � Landfill Tract 77 • wine °ce 8 os arY • N A, ii. :IF • Legend / / Landfill Tract \ = Area of Interest Kodiak Island Borough Landfill Tract Rezone Greenbelt Boundary M Rezonin a Portion of the Landfill Tract I Public Use Lands 9 0 goo ado aoa sad Boo from Conservation to Industrial ®reet Lot Lines Exhibit B c / \\ 4 - . 0 \ N W.. : : e : S \ \\\N ": ‘ 1); " - - 9 ' ZN% . Ilk SS ; \\ Kodiak Island Borough ° ; . Landfill Tract �8 � 1 IA ire% k , 11 , NI AI • / Legend L andfill Tract Area of Interest Kodiak Island Borough Landfill Tract Rezone / -= Rezoning a Portion of the Landfill Tract o 100 200 400 600 BOO / � ,- 1 Greenbelt Boundary from Conservation to Industrial ®Fee. / Lot Lines ORIGINAL VERSION Introduced by: Borough Manager Requested by: Borough Manager Drafted by: CDD Development Director 1 Introduced: 01/17/2013 2 Public Hearing: 02/07/2013 3 Adopted: 4 KODIAK ISLAND BOROUGH 5 ORDINANCE NO. FY2013 -13 6 7 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 8 REZONING LOT 1 U.S. SURVEY 3945 AND THE REMAINDER OF ADL 9 44355 FROM A COMBINATION OF PL- PUBLIC USE ZONING DISTRICT 10 AND C— CONSERVATION ZONING DISTRICT 11 TO I— INDUSTRIAL ZONING DISTRICT (CASE 13 -012) 12 13 WHEREAS, the Planning and Zoning Commission received a request to rezone a 14 202.51 acre tract of land along Monashka Bay Road; and 15 16 WHEREAS, at an advertised public hearing consistent with KIB 17.205.040, the 17 Commission considered the merits of the rezone request; and 18 19 WHEREAS, the Commission voted to recommend to the Borough Assembly that this 20 tract of land be rezoned with the finding that the public necessity, convenience, and 21 general welfare and good zoning practice would be enhanced by such action; and 22 23 WHEREAS, the Commission hereby recommends that this rezone request be 24 reviewed and approved by the Borough Assembly. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK 27 ISLAND BOROUGH THAT: 28 29 Section 1: This ordinance is not of a general and permanent nature and shall not 30 become a part of the Kodiak Island Borough Code of Ordinances; 31 32 Section 2: Lott U.S. Survey 3945 and the remainder of ADL 44355, except the 33 greenbelt in Ordinance No. 98 -06, are rezoned from PL- Public Use 34 Zoning District and C - Conservation Zoning District to I — Industrial 35 Zoning District. 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 38 Commission are hereby confirmed as follows: 39 40 17.72.020 A. Findings as the Need and Justification for a Change 41 or Amendment. 42 43 Responsible management of a community's waste stream is a necessary 44 function of local government. 45 46 Providing the means and venues for managing a community's waste 47 stream fulfills the government's responsibility as such. 48 Kodiak Island Borough, Alaska Ordinance No. FY2013 -13 Page 1 of 2 49 No other consolidated tract of land with the requisite size, accessibility, 50 and zoning is available. 51 52 17.72.020 B. Findings as to the Effect a Change or Amendment 53 would have on the Objectives of the Comprehensive Plan. 54 55 A rezone of the subject parcel would be consistent with objectives of the 56 2008 Kodiak Island Borough Comprehensive Plan Update. 57 58 A rezone of the subject parcel would work to implement the 59 Comprehensive Plan. 60 61 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 62 THIS DAY OF 2013 63 64 65 KODIAK ISLAND BOROUGH 66 67 68 69 Jerome M. Selby, Borough Mayor 70 71 ATTEST: 72 73 74 75 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2013 -13 Page 2 of 2 I ' II- IL r l \ I FEB -72012 , iL PUBLIC HEARING FORM Ordinance No. FY2013 -13 Rezoning Lot 1 U.S. Survey 3945 and the `Remainder of ADL 44355 From a Combination of PL- Public Using Zoning District and C- Conservation Zoning District To I- Industrial Zoning District (Case 13-012 Kodiak Island Borough). ❑ This is in support of the rezone. JZ This is in opposition of the rezone. ❑ Other comments. Name: Ca re— -C D (ivy) 0 in , Sip 14 r0 P Residence Address: 1 � Li 3 h r € . St s I c rS, CUoc L/ Mailing Address: 1 I G cl rep CI S s 0 Comments: / vile ka v - eev I ivri ov--) fete sis -ers (or suer 12 e c Na. flEoixeIGtr I (tS e 4-rod cysfery, (ayNCi ] — E Motn0SHCG 3c� - AsI-(r . ✓re k f -cot r-e r 1- IN r ✓-e c0rCe✓'r - -A1- r\ I"` C I - s -Cc h in G! lit S V' i 6LQ u Se (J a (0. fl` ` 1 --i-n (la Cc /if` + (711 S a r . Itile clod e ITS) rcA - keerA f'or ✓V_cr. Po( (s1 cc hoc+ a re._ T 0 re f) t I e - l - k ' s tot" o f o acre s - Ca r fY\60,< s I oc se o o 2 2 t,Ja in I6 +7> 167C- t^ e X f 16 atrl i u S l ra-O si Lc_ sump)/ 3- c d C4 +0 50106 (Vi fie I b± r✓ to vl•e.e0(4 lard'At ,19a 66 �>n� r -e z-ov re vi/La (rot er 5 , 02,49 ✓ lae (* / tit) e. - H a A 0 ( i a nd b etA01,1 a re:A I■1 u ro(-Q IAS e K 17-P-oct - 7 re. ser ✓L 01 66,4 — Le e a r -ern tAI (e c lye(-. L 4-i' e frS c_ ea ( h0 vu h iir 4)) +Re. -1 4 -- (4 re • Written comments may be submitted by email to clerks@kodiakak.us, faxed to 907- 486 -9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, February 7. 2013. PUBLIC HEARING FORM Ordinance No. FY2013-13 Rezoning Lot 1 U.S. Survey 3945 and the Remainder of ADL 44355 From a Combination of PL-Public Using Zoning District and C-Conservation Zoning District To I-Industrial Zoning District (Case 13-012 Kodiak Island Borough). inn This is in support of the rezone. o This is in opposition of the rezone. , FEB - 7 2012 O Other comments. .4 . Name: A k Residence Address: 4-10 Hitt- 64 it Mailing Address: Comments: I eA rri 5u pPacts Twa ath Written comments may be submitted by email to clerks(dikodiakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, February 7, 2013. MONASHKA BAY ROAD SERVICE AREA c /o, Engineering & Facilities Dept. Kodiak Island Borough , 710 Mill Bay Road (= S Kodiak, AK 99615 February 6, 2013 i H FEB - 7 2012 Kodiak Island Borough Assembly c/o Borough Clerk's Office ;,'; �'- ;i';7. i.,i i 1:;E 710 Mill Bay Road, Rm 101 .. - Kodiak, AK 99615 RE: PUBLIC HEARING, Ordinance No. FY2013 - 13 - Rezoning Lot 1 U.S. Survey 3945 and the Remainder of ADL 44355 From a Combination of PL- Public Using Zoning District and C- Conservation Zoning District To I- Industrial Zoning District (Case 13 -012 Kodiak Island Borough) Dear Mayor Selby and Assembly Members, Thank you for this opportunity to present Monashka Bay Road Service Area comments and suggestions regarding the landfill rezoning. As the primary sponsor of a greenbelt adjacent to the landfill, which is recognized under KIB Ordinance No. 98-06, we are very interested in seeing the landfill expansion project completed successfully, and without further impacts to the greenbelt and the Borough citizens living nearby. Per the greenbelt ordinance, MBRSA must give approval, prior to any activities undertaken within the greenbelt. We have been very cooperative with Borough staff: In the past two years, we have approved Borough requests to encroach on at least five acres within the greenbelt for siting of the wastewater treatment plant and other necessary landfill expansion work for the public benefit. The current landfill's runoff settling ponds are also located within the greenbelt. We are happy that P & Z excluded the greenbelt from the previous zoning change request. However, we are still not in favor of the rezoning as presented by KIB staff. While we understand the need, we see the plan as too broad - brushed in extent. The rezoning still includes a swath of land that is steep, wet, and adjacent to ocean shoreline. There are other related issues that should be considered. These issues must not be dismissed just because the 2008 Kodiak Island Borough Comprehensive Plan said the area should be zoned "industrial:' The KIB Comprehensive Plan is only a guide, and did not take every fact into consideration when it was printed (Note: even the authors of that document indicate the Plan was to be updated every few years as conditions warrant). You should know the following: 1. The 1985 Monashka Bay Comprehensive Plan clearly stated the need to protect environmental qualities vital to public health, and to protect property values. The ocean front section slated for rezoning is such an area. If a corridor is needed for a utility support structure (such as a treated -water outfall pipeline to the ocean), then delineate that location now. 2. Identified in the Monashka Bay Comprehensive Plan, and Ordinance No. 98 -06, is the reservation of Lot 2, for development of a public park. Lot 2 is owned by KIB, and sits between the "old sawmill' property (Oswalt's business site) and Marmot Drive, with frontage to Monashka Highway. We recognized this location as a potential trailhead to access the greenbelt and beach below, and it has been used as such (albeit informally) by area residents. Now is the time to consider this public amenity. 3. Residents are concerned about landfill runoff and ground flow contamination: Landfill leachates potentially carry pollutants to drinking water wells and eventually the ocean, where we harvest fish that we eat and sell to others. Drinking water wells within the hydrodynamic areas of the landfill should be tested recurrently, at Borough expense, for indications of pollutants associated with landfills. Summary The rezoning request should be revised. Our suggestion is to enhance the greenbelt (or "buffer") area around the landfill, and ensure the landfill property does not adversely impact environmental and other qualities, for now and the future. The term "greenbelt" needs clarification in Borough Code; MBRSA could assist KIB if some working -group process was established for such a purpose. Lastly, please see the attached map for our suggested zoning and parcel changes. Thank you, Darlene Turner, President ADS (, / Date a'j i3 / 5 2 Thomas Lance, Supervisor /Secretary / 1( 1d l '' { Date )/7/8. ��7�. Chaz Glaaolich. Supervisor frkfi Date -/ 7/ .3 (. 74-41 Steve SteHensen Su • ervisor .,III• ate 2 1 1 -- wr j r • Attachment: Map - Suggested rezoning and parcel configurations adjacent to Landfill. Attachments, continued: #1. Map - Suggested rezoning and parcel configurations adjacent to Landfill. #2. and #3. Overview Maps of Lateral Expansion Cell One. Presented to MBRSA by KIB Engineering, Woody Koning on June 1, 2012 #4. MBRSA Meeting Minutes, June 1, 2012 (2nd approval for greenbelt encroachment) #5. MBRSA Meeting Minutes, June 15, 2011 (1st approval for greenbelt encroachment) #6. KIB Ordinance No. 98 -06 ...''MBRSA Greenbelt" Attachment #1. *try MAP - Suggested rezoning and parcel configurations adjacent to KIB Landfill r 4 1/24 1 (MBRSA, 2/7/2013) i � ' 7 n P ' °5 4 !7 , 4 ' ` :14 tt E ' a- g - /. T (' a 1. f _l '"e —via— ... Pmpoaal l: Naplet Grnnealt i 7 . f . t 6 � .: e t 't u x - (KIB Ord *9845) Into new a ' i•L r I I Perc.1 Nuona to NV "1 4- J Y 't P a 1 Py'�4`( 1 ( PmpoflI Ladd KIB Parcel r (-, , ;4 I Ig� • g} ) y n � t ' �` p ,J 4 } �� sIHto Green Belt I ft/ [i. e r ( 1 O't rtrt� t z �l �� 1 t : d .. kt A. *. 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""'° ix TREATMENT BUILDING LOCATION WOW(ttwa. n .-3 - informal comments back from State on culvert issue - we need to pursue and also talk to Post Master about terrible condition of mail box stand...owners should relocate across hwy, near the new mail boxes...the old location will be a problem when construction begins on culvert improvement at intersection. • MBRSA newsletter - work on over Summer? Distribute via .... ? New Business: • Road Service Area Walk /review of road conditions, concerns, issues (review FY2013 Objective Items as appropriate during walk) ***SEE ROAD SURVEY /COMMENTS TABLE 1. (attached)*** • Added Priority - clean road ditches of gravel... Public Comments: (will be taken as we make the walk- around): Joy Mudd at Island Circle - road typically has seep below their driveway, not uphill of driveway. Board Comments: Darlene - Thank you to Board for help. Chaz - No comments. Tom - suggested looking at having KIB take meeting minutes...add to next meeting agenda Next Meeting Date: Oct 3, 2012, 7 pm, Bayside Fire Hall Adjournment: 8:55 pm SIGN _ 0-3 /z Le. Sr .... ' / , 42.. i . rfene Turn • Date Tom Lane" Dat President, M. •shka Bay Road Service Area Secretary (continued) TABLE 1. Road Survey /Comments - Regular Board Meeting & Annual Road Area Walk - Commencing at Mountain View Drive Culdesac -June 1, 2012. Conducted by MBRSA BOARD 1. Culvert damaged at David's place (next to Chaz) - Fix needed 2. Wood on Mountain View road, from power line failure and rebuild - need to remove - ask land owner. 3. Gravel was graded into ditch over winter - need to pull out and put back on road 4. Remove wood debris and gravel from front yard of Jeremy's place 5. Mail box stand at corner of Mountain View and State Hwy is about to collapse - send letter to Post Master (noted all box #'s for reference) 6. Communicate with State about culvert under Mountain View Drive and intersection with Monashka Bay Road. Suggest larger culvert needed. MBSRA would provide the culvert if State would provide installation. 7. Newsletter — need to communicate with MBRSA homeowners about projects, safety, etc. Also, availability of six mailboxes in existing pedestals. 8. Marmot — still has same pothole problems. Low spot near top of road either needs filling or drainage. 9. Ridge Circle — need to have owner remove debris at intersection (R. Reiser's ?) Also, check on RoW — lots of rock placed in ditch here. 10. Island Circle — Communicate with owners about RoW encroachments. 11. Harbor Way — Communicate with owner to move truck and boat out of end of cul -de -sac. 12. Harbor Way —Check culvert at Marmot and Harbor Way (2 culverts here and questionable effectiveness — one culvert is 14-in. and one culvert is 18 -in. 13. 1876 Marmot - Check on culvert (? need) — needs ditch (7 What happened to ditch ?) 14. 1849 Marmot — Check on culvert (? need) 15. Three Sisters - 1660 needs culvert? And across from this location owner has widened road into parking lot. 16. Spruce Circle — Needs fill. 17. Three Sisters — power pole in centerline of ditch. Does this need to be moved by KEA? 18. Three Sisters —the place with three homes needs to direct water from driveway away from main road. (add water bar). 19. Three Sisters — Install French Drain on hillside seep that cause mini - glacier on road each winter. 20. 2046 Three Sisters — Boulder needs to be pulled back closer to driveway. 21. Fred Hearns - remove sediment from ditch opposite from Fred's and place material on Fred's driveway in pothole. 22. Raise roadbed at culvert below Darlene's. 23. Forest Drive — Remove vehicle from road (white GMC —VIN 1GKCT18WXVKS11797/ Coast Guard sticker #A294659 07/14). 24. Devil's Prong — Communicate with homeowners / land owners to remove vehicles, trailers, & junk on road. 25. Devil's Prong — Fix potholes and install bigger culvert at Drew's place. Monashka Bay Road Service District (MBRSD), 2046 Three Sisters Way — Kodiak, AK /\ � iA /Me LU J Minutes of Special Meeting June 15,2011 Call to Order: Chairwoman Darlene Turner at 7:05pm. Roll Call: All Board members present (Darlene Turner, Chaz Glagolich, Tom Lance), with 2 Board positions currently vacant. Approval of Agenda: • Due to questions about some details and edits potentially needed in the Minutes from the previous meeting and the time it may take to complete the review (May 8, Spring Walk Around Meeting), Lance requested that Approval of Minutes from previous meeting be moved to end of meeting, out of courtesy for visitors who are present only for one New Business topic. Approval of Minutes: moved to end MBRSA Members Present: Rick Vahl Other Guests Present: Woody Koning (MB), Ken Smith (KIB), and Ryan -MK Construction Public Comments: • Rick Vahl – enjoys neighborhood (new to area) and trails adjacent (some concern regarding trail abuse); Woody Konig – mentioned that MBRSD board is not responsable for trails in their normal functions, but to contact KIB's staff Bud Cassidy for more assistance or concerns. New Business ■ Landfill Lateral Expansion: Woody Koning made a presentation to the MBRSD Board concerning the Landfill Lateral Expansion Project. The KIB is asking Permission of the MBRSD Board to approve a small encroachment into the green belt between the Landfill and the MBRSD area as the MB has an Ordinance stating that MBRSD must approve any KIB actions that impact the Green -Belt. • Motion: Move to approve the Lateral Expansion encroachment impacts on Green -Belt between landfill and Marmot Drive. (Less than 2 acres near leachate ponds) • Discussion: much discussion transpired about this request from MB. Smith and Koning provided information concerning potential impacts to Green -Belt, all impacts predicted by KIB consultants to be from little to none (such as to water quality, to view shed, etc.). MB will provide more information to MBRSD concerning current and future landfill leachate- drainage patterns that filter into the Green -Belt. Mr. Glagolich raised long - running issue about KIB roads that MBRSD assumed responsibility for, and if the KIB expansion of the landfill posses another liability for MBRSD, and perhaps MBRSD should not approve KIB's request to impact the Green -Belt. Koning advised that FEMA Hazard Mitigation Program funds might be available for addressing MBRSD road liabilities and to discuss road concerns with KIB leadership. All MBRSD Board 1 1, i informally agreed that we should address concerns in a letter to Borough. The Board will keep close watch on landfill lateral expansion. • Motion (restated by Tumer) by Lance, 2nd by Galagolich. • Motion Passed: Permission given to KIB (as requested by Koning) to clear and grub small areas (less than 2 acres, total) for lateral expansion of KIB Landfill into that portion impacting a Green -Belt adjacent to MBRSD Review of Contractor Bids: • Chair Turner reviewed contractor bid sheet with BOD. One contractor was present (Ryan from MK). Chair Turner did invite other interested bidders to attend meeting through the KIB Facilities Department. • Motion - Move to approve TC/MK as the road service provider for MBRSD. Motion by Lance, 2nd by Glagolich Passed: • MBRSD will forward selection of TC /MK Construction as preferred contractor for road work and snow removal services, based on past performance and competitive bid they provided to KIB. • TC /MK rep answered Board questions regarding bid items. According to Ryan, TC/MK is very cost - competitive with some frequently used equipment, such as the road grader, and other factors, hence their lower bids. Public Comments: None Approval of Minutes (moved from top of Agenda) • Motion Move to Approve the Minutes from May 8, 2011 Meeting by Lance, 2nd by Galagolich. • Turner made several clarifications to meeting minutes from Spring walk around. • A priority of necessary maintenance by the BOD setting a priority ranking for top 5 items on list. Board Comments: • Lance ...hesitant to use calcium chloride as requested for dust abatement, especially if mixed in road base (doubts effectiveness in method to be used), so will be curious to see how it works out after the road work is completed by contractor. • Glagolich — will keep watch on landfill expansion. Meeting Adjourned: 8:30pm Tom Lance, Secretary Date Darlene Turner, Chair Date A fte „ -cAwke, - + Introduced by: Mayor Selby Requested by: Engineering/ Facilities Department Drafted by: Environmental Engineer Introduced: 04/07/98 Public Hearing: 04/16/98 Adopted: 04/16/98 KODIAK ISLAND BOROUGH ORDINANCE NO. 98 -06 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REPEALING ORDINANCE NO. 87 -15 -0 RESERVING CERTAIN BOROUGH LANDS AS A VEGETATIVE SCREEN TO RESERVE AN AMENDED GREENBELT COMMON BOUNDARY OF THE MONASHKA BAY ROAD SERVICE AREA AND BALER /LANDFILL WHEREAS, the Monashka Bay Road Service Area shares a common boundary with the Kodiak Island Borough baler /landfill site; and WHEREAS, the Monashka Bay Road Service Area requested the Kodiak Island Borough restrict activities along the two hundred foot (200') common boundary of the service area and ADL 44355, as well as within a two hundred foot (200') buffer surrounding a former beaver pond; and WHEREAS, the Kodiak Island Borough assembly adopted Ordinance No. 87 -15 -0 reserving certain Borough lands as a vegetative screen and greenbelt; and WHEREAS, the Monashka Bay Road Service Area board approved a request of the Borough to change the greenbelt to accommodate landfill expansion; and WHEREAS, this reservation will serve as a visual and sound barrier separating activities at the landfill site from residences in the road service area; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough code of Ordinances. Section 2: Ordinance No. 87 -15 -0 is hereby repealed to be reenacted by this ordinance to reserve a greenbelt along the common boundary of the Monashka Bay Road Service Area and ADL 44355 described as follows: Beginning at the most westerly corner of Lot 1, Sawmill Subdivision, Plat No. 84 -46; Kodiak Island Borough, Alaska Ordinance No. 98-06 Page 1 of 2 (1) thence, N37 °16'44"W, 264.04 feet; (2) thence, S55 °00'11"W, 491.62 feet; (3) thence, S85 °21 '00 "W, 171.78 feet; (4) thence, N34 °39'00 "W, 411.00 feet; (5) thence, N25 '00"E, 739.00 feet; (6) thence, N63 °32'46 "E, 1486.67 feet; (7) thence, N27 °42'18 "W, 1,163 feet, more or less, to the Mean High Water Line along Monashka Bay; (8) thence, northeasterly, approximately 2,100 feet, more or less, along said Mean High Water Line to the common boundary between U.S. Survey 1678 and the city of Kodiak Sanitary Fill Site Survey; (9) thence, along the common boundary between U.S. Survey 1678 and the city of Kodiak Sanitary Fill Site Survey S00 °02'33 "E, 3093.17 feet, more or less, to the southwesterly corner of U.S. Survey 1678, common with the most northerly corner of Lot 2, Sawmill Subdivision; (10) thence, S29 °45'32 "W, 256.77 feet along the northerly boundary of Lot 2 of said subdivision; (11) thence, S43 °25'09 "W, 1328.77 feet along the northerly boundary of Lot 1 of said subdivision, to the Point of Beginning. Containing 80.28 acres, more or less. Section 3: This reservation prohibits the cutting and removal of all trees and vegetation and limits activities with the exception of the activities necessary for health purposes, such as a settling pond for leachate for the landfill, with the concurrence of the Monashka Bay Road Service Area board. Section 4: Park development may occur on Lot 2, Sawmill Subdivision with the concurrence of the Monashka Bay Road Service Area board. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF APRIL, 1998 KODIAK ISLAND BOROUGH Jer.teM.S :o .u. r • Gary/ .. ens, Presiding Officer A TTEST: Donna F. Smifh, CMC /AAE, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. 98 -06 Page 2 of 2 a o o irifigrin .10 7011 $4- 45 SA l aStiatiba • - IBIL QT . a �®� e I. arr l O 306. C� S 1II _-a� as -s ��0 A o 7 e \ `•� r ye S yti e 0 i - 4 `b1 6 3` M1 k a e• +- �' N 2 � a 8 D Qj'• S, • tl `{ B Q F j Oj 8 a Z t 1 t I. m's .004 4 61 Jessica Kilborn From: McKinney, Martha <mmckinney01 @kibsd.org> Sent: Thursday, February 07, 2013 4:31 PM To: Clerks Cc: M. McKinney Subject: Comments for tonights Borough Assembly Meeting Public Hearing Form To: clerks @kodiakak.us Ordinance No. FY2013 Rezoning of Lot 1 U.S. Survey 3945 and the Remainder of ADL 44355 From a Combination of PL- Public Using Zoning District and C- Conservation Zoning District To I- Industrial Zoning District (Case 13 -012 Kodiak Island Borough). This is in Opposition of the rezone. Name: Martha McKinney Residence Address: 2344 Forest Dr. Mailing Address: PO Box 2037 Kodiak, AK 99615 Comments: I oppose the Ordinance because I am concerned for the health and wellbeing of the residents of Marmot Drive and Three Sisters. Keeping the greenbelt zoned Conservation and Public Use allows the Borough to continue to take more and more of the greenbelt for landfill expansion.ls the greenbelt going to eventually disappear? Why doesn't the Borough show the greenbelt area on Borough maps? Is it the Borough's intention to take even more of the greenbelt? To eliminate the buffer that is needed to protect the residents of Marmot Drive and Three Sisters? Tom Lance of the MBRS district created a map, which includes the greenbelt. Why doesn't the Borough? I am concerned. I have witnessed the expansion of the landfill toward the residents and the confusing omission of the greenbelt on maps every step of the way. After the December 19 P & Z meeting, even a Borough staff member was unable to clarify what area comprised the greenbelt and whether it continued to exist. Residents have asked that the greenbelt be subdivided and rezoned Natural Use to insure protection for residents and their surface water and groundwater wells. The Cell 1 Liner and Leachate System is being constructed within the greenbelt. That portion should be subdivided and zoned Industrial contiguous with the landfill. The rest of the greenbelt and the beach corridor should be rezoned Natural Use. The Borough has not demonstrated how they are going toprotect the Monashka Bay residents who are ever closer to this toxic area as it expands toward our property lines. Findings of fact which state that the health and well -being of citizens is protected is wishful thinking. What are your intentions? How will you insure our safety? When are you going to clearly explain your plans? Respectfully submitted, 1 Martha McKinney 2 Jessica Kilborn From: Douglas Pengilly <douglaspengilly @me.com> Sent: Thursday, February 07, 2013 4:59 PM To: Clerks Subject: Opposition to Ordinance FY2013 -13 To: Kodiak Island Borough Assembly Date: 7 Feb 2013 Subject: Opposition to proposed Ordinance No. FY2013 -13 We oppose Ordinance No. FY2013 -13. We have lived at 2063 Island Circle, which borders the lot affected by this proposed ordinance, since the summer of 1990. We fully accept the need for the borough's landfill and the existence of the of the landfill at its present location and we understand the need for a portion of that lot to be rezoned Industrial in order for the landfill to meet the requirements of federal and state regulations. What we object to is the extent of land in that lot that the proposed ordinance would rezone to Industrial. We are glad to see that Section 2 of the proposed ordinance would except the greenbelt (Ordinance 98 -06) from the rezone to Industrial, but we object very strongly to the proposed rezoning of the land bordering Monashka Bay from Public Use to Industrial. The borough has given no justification or reason for that Public Use land - which is, in fact, used by the public (see also Maps 11 and 12, pp. 49 -50, of the Oct 2011 KIB Road system Trails Master Plan) - to be rezoned Industrial. Rather than supporting proposed Ordinance FY2013 -13, we support the alternative zoning and parcel changes that the Monashka Bay Road Service Area board suggested at their 6 February 2013 meeting. That alternative was unanimously supported by the public attending the meeting and captures the alternative proposed to the Planning and Zoning Commission by area residents (including ourselves; see our 4 December 2012 letter to the P &Z) at the 19 December 2012 meeting. Douglas Pengilly and Jean Dickson Residence: 2063 Island Circle Mailing: PO Box 8347, Kodiak, 99615 1 Jessica Kilborn From: Molly M Miller <mcmmiller @gmail.com> Sent: Thursday, February 07, 2013 4:59 PM To: Clerks Subject: Ordinance no FY2013 -13 Rezoning Lot 1 U.S. Survey 3945 Ordinance no FY2013 -13 Rezoning Lot 1 U.S. Survey 3945 and the Remainer of ADL 44355 from Combinations of PL- Public Using Zoning District and C- Conversvation Zoning District to I- Industrial Zoning District ( Case 13 -012 Kodiak Island Borough. This is in Opposition of the rezone Name: Molly McKinney Miller Residence Address: 2344 Forest Drive Mailing Address: PO Box 2037 Kodiak, AK 99615 Comments: I oppose the Ordinance. The Borough maps do not show the green belt which would provide a buffer between the landfill expansion and residential property lines. This confusing and continued omission of the green belt is cause for concern. Residents have requested that the portion of the green belt where the Cell 1 Liner and Leachate System is being constructed be subdivided and zoned industrial. The rest of the green belt and the ocean corridor should be rezoned to Natural Use, which insures protection for residents and their surface water and ground water wells. The Borough has yet to adequately address how they are going to protect the residents of Marmot and Three Sisters. The argument that we have lived near the landfill for years with no ill effects is a cop out. What is going to be done to insure our safety? r / - Kodiak Island Borough T T. % ; ; i \ Office of the Borough Clerk I %', ! r , 4 li 710 Mill Bay Road " ' er r' � Kodiak, Alaska 99615 r' .1 . Phone (907) 486 -9310 Fax (907) 486 -9391 clerks@kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, February 7, 2013, at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2013 -13 Rezoning Lot 1 U.S. Survey 3945 and the Remainder of ADL 44355 From a Combination of PL- Public Using Zoning District and C- Conservation Zoning District To I- Industrial Zoning District (Case 13 -012 Kodiak Island Borough). If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and fax it to (907) 486 -9391, email to clerks or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on February 7, 2013. Comments favoring and opposing are encouraged. If you have any questions, please call 486 -9310. Attachments: • Map • Public hearing form • Ordinance No. FY2013 -13 Ordinance No. FY2013 -13 Rezoning Lot 1 U.S. Survey 3945 and the Remainder of ADL 44355 From a Combination of PL- Public Using Zoning District and C- Conservation Zoning District To I- Industrial Zoning District (Case 13 -012 Kodiak Island Borough). 0 0 e.• 0 �� �� � VI st %--•- , 1 goi•at 0. . , Ia.:. --Iv ova• —1,11111 .44 r ■Ar ' 16 sly ., 4dg!1 li I II 6 A 1 P al al tt lie LIM vAll JP' a" Ag 4 * 11 o ,..-. ::. , , ., /./ ‘ Iwill11:-.-1 • ...„ „..,..,,:.,„ . „ e Legend A ��� I KIB Landfill Site �, ,,.. 11 ■v7 •:•'' _liii.:/-..• -til Kodiak Island Borough GIS System ,,,,,,A 0 1,100 2,200 4,400 6,600 8.800 Feet This map was prepare] from the Kodiak Island Borough's GIS System It is provided tor the purpose of showing the general location of a property within the K odak island Borough This map does not represent a survey More information about the mappng data can be obtained by contacbng the Kodak Island Borough IT Department et (907) 486 -9333 PUBLIC HEARING FORM Ordinance No. FY2013 -13 Rezoning Lot 1 U.S. Survey 3945 and the Remainder of ADL 44355 From a Combination of PL- Public Using Zoning District and C- Conservation Zoning District To I- Industrial Zoning District (Case 13 -012 Kodiak Island Borough). ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to clerks@kodiakak.us, faxed to 907 - 486 -9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, February 7, 2013. I ° I • I • 1 2 I E p g INDEX OF DRAWINGS o ° 1 AERIAL PHOTO AUGUST 2010 _ r 5 o m m m p � �J ` / ( } TE ♦ e;1 m Dec DLAxSxc xA ux A uN e �1� ` �.[� rt irr_i ,y. lgt r� .. � � 01 EMI WINGN YUMMY 22? 0011 CF DRAWINGS 8 3 / y . { 4 -" } + t om` ~ � ybby � C � (Jt I ' '' -P4 Y• \ y 02 AWZ12AE Y LCG[ w. 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FEY 0(30. 1 ®1` MDiWMMry COMM 01220420,0 WM 4 ME WD YM Wel= TO MET MRIOMIAL ACMIWCY M 0CC 014 *mown moo 062^+.u'VIT010# , 141 nu .a o®. *4113 nm1E I um ft • Kodiitk Island lorough Community Development Department fie 710 Mill Bay Road ' ra Kodiak, Alaska 99615 -1 . Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us December 21, 2012 Mike Patterson Kodiak Island Borough 710 Mill Bay Raod Kodiak, AK 99615 Re: Case 13 -012. Request a Rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site, from a combination of PL- Public Use Land and C- Conservation Zoning District to I- Industrial Zoning District. Dear Mr. Patterson: The Kodiak Island Borough Planning & Zoning Commission at their meeting on December 19, 2012 moved to recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site except the green belt described in Ordinance 98 -06, from a combination of PL- Public Use Land and C - Conservation Zoning District to I — Industrial Zoning District, and, to adopt those findings in the staff report dated December 7, 2012, as Findings of Fact for Case No. 13 -012, recommending approval. Please contact the Borough Clerk's Office at 486 -9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assemlby shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS OF FACT 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. Responsible management of a community's waste stream is a necessary function of local government. Providing the means and venues for managing a community's waste stream fulfills the govemment's responsibility as such. No other consolidated tract of land with the requisite size, accessibility, and zoning is available. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel would be consistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject parcel would work to implement the Comprehensive Plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request _ Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. If you have any questions about the action of the commission, please contact the Community Development Department at 486 -9363. Sincerely, �m 6 3P' Sheila Smith Secretary CC: Nova Javier, Borough Clerk Planning & Zoning Commission • • Kodiak Island Borough Planning & Zoning Commission Minutes December 19, 2012 6:30 p.m. in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the December 19, 2012 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance. ROLL CALL Bill Kersch and Brent Watkins requested excusal. Commissioners present were Alan Torres, Alan Schmitt, Rick Vahl,'and.Sonny Vinberg. Excused were Bill Kersch and Brent Watkins. (� v A quorum was established. COMMISSIONER SCHMITT MOVED to excuse Bill Kersch and;Br\ Watkins. VOICE VOTE ON MOTION CARRIED UNANIMOU <Y.— \ Community Development Department staff prreesent w artin L and Sheila Smith. APPROVAL OF AGENDA %\\ n� The commission suggested to re- arrange the agenda or to hear public hearing item 7 -D (rezone) before 7-C (CUP). \ \ w� m, COMMISSIONER SCHMITT MOVED to approve the December 19, 2012 Planning & Zoning Commission agenda and re- arrange the orderdo hear public hearing case 7 -D before 7 -C as amended. VOICE VOTE ON MOTION'CAR :UN NA MOUSLY APPROVAL OF MINUTESv Smith didn't receive B\en)Watki s message until after the meeting that he requested excusal. COMMISSIONER VAHL \ MOVED to approve and reflect Brent Watkins as excused from the November � �N \\ 21, 2012 regular meeting as amended. cam \ N> l VOICE•VOTEON'MOTION CARRIED UNANIMOUSLY \\ \\\\ AUDIENCE COMMENTS AND APPEARANCE REQUESTS Judy Kidder at in on the interview process when the City of Kodiak interviewed for the P &Z seat and all the questions that were asked of the candidates for the city seat were similar except one for the P &Z and she has an issue with the question; the question was if you disagree with the city's position would you go along with it. She has an issue with that question because it's basically asking someone to say I will agree with you even if I don't agree and it's not in the best interest of Kodiak. She has requested minutes from the city but have not been provided any. Marilyn Guilmet stated she attended that meeting and said that meeting was very disturbing. She sees the P &Z as people who listen to us and represent us and she's very thankful for the commission. It gives us an opportunity to express something outside the current beliefs or ideas of what is happening and to have somebody ask an applicant whether they will agree with them regardless is uncalled for, 12/19/2012 P &Z Minutes Page 1 of 11 it's out of line, it smacks against proper protocol, and to not give us the minutes. They would give us the minutes on everything except on that question. When things like this happen it diminishes the trust people have whether it's warranted or not. When that information is not given to us as citizens of this community under the right to information act then that diminishes our basic trust in those who are representing us. Every commissioner should be able to give their own opinions and that's why you are here. We want P &Z to feel comfortable to come out with their own ideas; they may be innovative, maybe much better than what is established. She encourages the commission to stand for what you believe and not be coaxed to go along with business as usual. CHAIR TORRES said the sitting commissioners don't have a say on any of those meetings, city makes a recommendation to the borough assembly and the mayor appoints the commisioners. PUBLIC HEARINGS 2 Th A) Case S13 -010. Request Preliminary approval, per KIBC 16.40, of the subdivision and'replat of Lot 5 and Tract E -1, Chiniak Alaska Subdivision, creating Lots 5A) 5 act E -1, Chiniak Alaska Subdivision. The applicant is the Kodiak IslandcBoro '>5C and'Tr gh, and Bob Scholze, Borough Resource Officer is the agent. The location is generally located King Crab Way in Chiniak Alaska. The zoning is PL- Public Use Land. Lydick stated this subdivision request has been submitted as a,positive' esponse to the Assembly's efforts to dispose of unneeded public lands, with an emphasis'fonthose lands with residential potential. Previously identified by the Commission, and affirmed'hydhe.Assembly as a likely candidate for disposal, this parcel, upon further examination, has demonstrated•the potential to provide more than a single lot disposal opportunity. With approval•tonight; this subdivision will be scheduled to re- appear on a future agenda of the Commission in older r to adessun dr disposal and zoning issues. Staff is recommending preliminary approvab for the�subdivision, as requested. COMMISSIONER SCHMITT MOVED to grant prel mi ry j approval, according to KIBC 16.40, of the subdivision and replat of Lot 5 and Tract Ei lhin Block', Ciak Alaska Subdivision, creating Lots 5A, 5B, SC and Tract E -1, Block 1, Chiniak - Alaska Subdiv sign and to adopt the findings in that staff report December 7, 2012, as "Findings of Fa ct' for case�� p v 3 -010. The public hearing was opene closed: 'There was no public testimony. Discussion O `\ �� \ v �/ FINDINGS OF FACT, 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in'Title 16 o 'the Borough Code. •m 2. This plateets alIthe`requirements of Title 17 of the Borough Code. 3. This,plat provides a subdivision of land that is consistent with adopted Borough plans for this area. \t \\ \ ROLL CALLsVOTEON \ MOTION CARRIED UNANIMOUSLY \\ \� v B)'Case S1'3 -005. Request Preliminary approval, per KIBC 16.40, of the subdivision of Lot 2A, Block \I, Holland Acres, 1st Addition, creating Lots 2A -1 through 2A -8, Cottonwood Cove Subdiv The applicant is Art & Arlene Zimmer. The location is 170 Island Lake Road, and the zoning is B- Business. Lydick stated this request for preliminary subdivision approval comes back before the commission after an October 2012 postponement. The applicant, after consulting with staff following the October postponement, has adjusted expectations and incorporated the majority of staffs concerns raised at the October 2012 review. The applicant has indicated intent to proceed with a "phased plat" process. After gaining preliminary approval of the plat, the applicant will then have the opportunity to submit final plats for each phase, as they come on line. This process will allow the applicant to address issues such as building encroachments and utility services on any particular lot in an orderly manner, and 12/19/2012 P &Z Minutes Page 2 of 11 • • permit a more economically sustainable development of the larger tract. If the time frame exceeds the twenty -four month limit, the applicant will be required to ask the Commission for an extension. Staff is recommending preliminary approval, subject to four (4) conditions of approval. If the commission concurs with the removal of Condition #2, three (3) conditions of approval would attach to a positive recommendation. COMMISSIONER SCHMITT MOVED to grant preliminary approval, subject to the conditions of approval contained in the staff report dated December 6, 2012, and to adopt the findings in that staff report as "Findings of Fact" for this case. The public hearing was opened & closed: There was no public testimony nXe �n 1 Discussion COMMISSIONER SCHMITT MOVED to add Condition of Approval #5- Access to Lots 2A- 1.22A-- 2�, -2A -3 shall only be via the access easements. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY � \ \ \ \v COMMISSIONER SCHMITT MOVED to amend Condition of Approval #o i t;reads "Add a note to the plat that prohibits non - dwelling development on Lots 2A -1, 2A -2, 2A-3;2A-4, 2A-5,2A-6, and 2A -7. COMMISSIONER SCHMITT said there isn't a definition for comlercaa\ edential but there is a v tia \\ definition for dwelling which encompasses various types of resid idenrial,property and that's why he's going with non - dwelling development rather than commercial de eloptnent. % \\ \ ROLL CALL VOTE ON MOTION TO AMEND CARRIED-UNANIMOUSL'Y In response to COMMISSIONER VAHL'S inquiry,abou� ur conditions of approval for your subdivision and one restricting business or non - dwelling units on most of the front lots, how does that affect your development, Art Zimmer replied perhaps none,however; in commercial zoning you may have dwellings along with a business use property and the business use usually gets the best frontage or primary access but there may be a.dwelling associated with that business. I wouldn't want that opportunity to be prohibited to anyone that ay,want to purchase this property for such intended use where they would combine dwelling well`as their business. \\ In response to COMMISSIONER ,SCHMIT,T.'S•inquiry regarding 17.90.020- Permitted Uses - Subsection CC, Single Family and Tw fao millling is f located within a structure containing a permitted \\ .. o t' dwe business use not exceeding.50% fthe area of the structure and not located on the street level of the structure may be allowed'with m a street level business structure, so there could be some combination of business and residence ,is that Lydick stated those paragraphs you referenced allow a bottom floor business use; anything that's permitted in the business district and would allow up to a duplex use onkhe 2 " d floor. The other paragraph if his recollection is correct allows a, for want of a better term; a single family dwelling towards the rear of a business structure as long as it does not present•itself as•the,malor facade of that building so under those terms with no restrictions, yes, you would be able to have dual use property business, anything that's allowed in the Business Zoning District and residential use. \\ 11 COMMISSIONER SCHMITT MOVED to amend to add Condition of Approval #6 -Meet Service Area # l's recommendations as stated in the September 20, 2012 email from Kelsea Kearns (page 8 of 13 from the October 17, 2012 public comment packet). COMMISSIONER SCHMITT said to clarify it requires there be 18" culverts on all driveways on Melnitsa and requires ditching on lots 2A -1 and 2A -7 on Melnitsa. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY COMMISSIONER VAHL MOVED to amend that Condition of Approval #2 be removed based on the fact it is on the plat, #8- commercial development of Lots 2A -2, 2A -5, and 2A -6 are prohibited. 12/19/2012 P &Z Minutes Page 3 of 11 COMMISSIONER SCHMITT called a Point of Order stating that was the subject of his 2 amendment was to amend that condition of approval. FAILED DUE TO A SECOND CONDITION OF APPROVAL 1. Provide all easements requested by KEA in the letter dated September 11, 2012. 2. Add a note to the plat that prohibits non - dwelling development on Lots 2A -1, 2A -2, 2A -3, 2A -4, 2A- 5, 2A -6, and 2A -7. 3. Obtain driveway permits as required for all existing and proposed driveways. 4. Obtain approval for water and sewer connections from City of Kodiak Public Works as indicated in the memorandum dated December 3, 2012. Shared utilities will have to be ted, if the structures that they serve will be located on separate Tots. 5. Access to Lots 2A -1, 2A -2, 2A -3 shall only be via the access easements. 6. Meet Service Area # 1's recommendations that it requires there be 18" culverts.on al!driveways on Melnitsa and requires ditching on lots 2A -1 and 2A -7 on Melnitsa. g Q\ \ � g FINDINGS OF FACT �� 1. This plat meets the minimum standards of survey accuracy�and;;;prop pe er-preparation of plats required in Title 16 of the Borough Code. -b 2. This plat meets all the requirements of Title 17 of the Bor uo g1 \\de. 3. This plat provides a subdivision of land that is consisient,withadopted Borough plans for this area. ROLL CALL VOTE ON MAIN MOTION ASAMENDED CARRIED 'UNANIMOUSLY D) Case 13 -012. Request a Rezone, according fo,KIBG 17.2052030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the\Kodiak Island Borough Solid Waste Disposal Site, from a combination of PL- Public'Use Land C- Conservation Zoning District to (- Industrial Zoning District. The applicant is�the {Kodiak'island Borough, and the agent is Mike M Patterson. The location is 1203 onashka Bay Road (AKA - Tax Lot 2001, Township 27 South, Range 19 West). The zoning is C C no servatiorrand PL- Public Use Land CHAIR TORRES handed the gavePto VICE CHAIR VINBERG due to having a conflict of interest and requests a decision on the conflic ��JJ VICE CHAIR VINBERG asked die commission if they have any concerns or issues with CHAIR TORRES. There was consensus that there was no conflict of interest. \\ \\ \\ VICE CHAIR VINBERG'handed the gavel back to CHAIR TORRES. \sue \c Lydick stated this rezone request represents step one of a two -step process in order to bring the existing Iand�use and'planned expansion into conformity with the current zoning ordinance. Step two is the associated case \ 13 -016, a request for conditional use permit. This request for a rezone facilitates s.s \b the community s drive to provide responsible management of the locally generated stream of wastes. A rez one allo for the much needed expansion of the existing footprint, enables the modernization of facilitiesrequired to conform to regulatory requirements, and enhances opportunities to incorporate recycling eff by the public, as well as, the private sectors. Two issues are important in staffs perspective;1) in judging the relative merits of comments opposing the rezone, no action is being proposed that does away with, or modifies, existing restrictions imposed by currently adopted ordinances defining buffers or greenbelt areas, and, 2) the Industrial zoning district actually affords a greater degree of local over -sight of the activity, and provides code enforceability, by virtue of the performance standards contained within the applicable zoning district chapter. Thirty nine (39) public hearing notices were mailed on October 17, 2012. Fourteen (14) responses have been returned commenting on this request for a rezone. Staff recommends the Commission forward a Recommendation of Approval for the rezone to the Borough Assembly. 12/19/2012 P &Z Minutes Page 4 of 11 COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site, from a combination of PL- Public Use Land and C - Conservation Zoning District to I - Industrial Zoning District, and, to adopt those findings in the staff report dated December 7, 2012, as Findings of Fact for Case No. 13 -012. The public hearing was opened. Public testimony was given by: Doug Mathers suggested the borough subdivide the property, take out the greenbelt, rezone the greenbelt to a restrictive zoning, and rezone the landfill to Industrial so we would have Marmot Drive greenbelt with its own property and a landfill with its own property Industrial. Martha McKinney stated she opposed both proposals for the CUP and the rezone. Her reasons•are she received 5 notification maps and on one map a greenbelt boundary had been 1 drawn•in indicating to remain, the other four maps didn't include that and that was hardly reassuring:,ADECtold herthat surface water contamination is a significant issue at the dump and there are approzimatefyseven test wells surrounding the baler facility, some of which indicate heavy metal `\ tam`\ tion; Lauri Aldrich (ADEC) indicated there was a plan to put a water treatment operation�on theoceanside of the current baler facility, and unless residences have wells that are several hungre feet deep they are accessing surface water and not ground water. There are wells with depth"s•of less•tham150 on both Marmot and Three Sisters. The State of Alaska regulates public drinking �� wells butnotprivate wells. What is the �� borough going to do to ensure the residents that surface water\is•not con' tminated? Paul Zimmer called in to say he is not opposed to rezoning eth ;p \t on of the lot where the landfill is to allow for that landfill activity. We need a landfill but -he is oppos�� e d.to rezoning the entire lot as T Industrial. It's not consistent with the Comp Plan he Comp Plan:shows a greenbelt as a buffer along the residential area and Industrial is not consistent with that. He's concerned that if it's all rezoned what potential uses could be done there im\ \ ure. )1 Jamie Godwin spoke in opposition andasked staff if there were 37 public hearing notices sent out and �� .. \zit 14 responses and she would like to / know what•hhose.responses were and what percentage of �� responses were for and against this request. Doev he commissioners know what these comments were? She didn't see any packeet�\ \\ Lydick stated he didn't do a.statistical analysis of the responses and they were included in the case . packets which are right outside tit commissioner has read those comments. Doug Penguilly spokosit ein oppio \\ d stated the question isn't is there an expansion needed, the g question is are yoing to re this 202 acres land which is now Conservation Use and Public Use into Industrial �� use; not i4 the portion that the landfill operates on. A quick fix like this is going to . �� have more problems in•the.long term. Tia Leber spoke.in opposition and stated the information packets seem to be incomplete with significant things•missmg; 1 the map on the front is completely different from the Comp Plan map. Frederick Millerspoke in opposition as currently proposed. It has to do with the greenbelt is not properly zoned Industrial. Talked about at the work session is to separate the parcels and zone the landfill itself.as Industrial and have a more restrictive zoning for the greenbelt areas. If it's rezoned Industrial it will have an effect on property values and drinking water. Penny Fish spoke in opposition stating her house is about 15 feet from this rezoning. What could happen in 10 years now with the borough, and the composting came up and it opens up too many possibilities for the future. Jean Dixon stated if you look at all the homes that border the area there are about 12 -14 lots. Most of our wells are right beyond the red line on our side. The packet is confusing and she's concerned about the greenbelt and would like it protected. There is a wonderful beach near the house and would like to 12/19/2012 P &Z Minutes Page 5 of 11 • see it stay as Public Use Land because it is well used. Andy Schroeder stated he shares the same concerns heard here tonight. As Island Trails Network Executive Director with a mission to preserve trails, access, and open spaces he'd like to see the greenbelt and the Natural Use Lands downhill from the landfill preserved as a green corridor. There is a trail that runs through there across the beach just mentioned and he walks all the way to the VFW, and there's an important trail link there in the trail system. That trail is identified in the Trails Plan as a potential development one day Dave Sundberg spoke in opposition to the rezone as it's written right now. The area you want to rezone has been our playground and basically brings it right up to my back door. Industrial al worries him because of the degradation of the area and pollution. n Thomas Lance stated he's representing the Monashka Bay Service Area. The effort to rezone to Industrial is deceptive as it was presented. Our road service area didn't receive notice of this. The Monashka Bay Road Service Area created the request for the greenbelt. Rezone the1andfill•as Sanitary landfill instead of Industrial, make it its own zone and then everything else set aside fora greenbelt and Natural Use area for recreation, water quality, watershed values and Yo protec4home values. Teresa Miller spoke opposing the request because she uses that land fo recreation When she was convinced to buy property outside the city she was assured there were multip le layers of protection \� for drinking water. Rezoning would strip away one of those layers ofprotection. Environmentally for the health of the community and the safety of her drinking,water as'wellas property value. Marilyn Guilmet spoke in opposition stating although it Ips \:[\get the area rezoned her heart goes out to all of you. Not one child is damaging, they have drinking wafer there and no one has been monitoring it. What she's been hearing is amazingt,No onemom[ ors the drinking water. Until you come to a reasonable decision that helps everyone,she wouldn't feel comfortable. The health of the community, the environment, and the decisions;yon make -will determine the health of them, their children will really determine how theinfuture goes as far as what their lifestyle is going to be like. She feels you need more time to make a.good \s ion for everyone. The public hearing was closed. \ \ \v\ Discussion of plat 69 -10, it's the City �f'Kodiak's fill site, permitting issues, the lack of screening along the highway, and the borough come :for' ra d with a subdivision. « \ \ \ COMMISSIONER SCHMITT:MOVED•to amend the motion to add following after the word "site ", and before the word "from except the green belt described in Ordinance 98 -06. Discussion regarding beaches and other beach areas, greenbelts, proper zoning, and subdividing. CHAIR TORRE ``gere case is approved and that lot is zoned Industrial does that change any ee of the grnbelt.requi`ents and restrictions, Lydick stated no, those ordinances exist apart from this actions \HAIR TOE asked if the only way that could change is if the assembly voted on it when it comes before them, Lydick stated, yes, that's correct. CHAIR%TORRES stated the 100% unanimous public comment we received tonight stated they want an established : zone, more than the greenbelt ordinance and from the Island Trails Network it may be more along the shoreline that's currently not within the greenbelt. Can we postpone this case with a recommendation to applicant to consider maybe modifying the application to include for a subdivision basically, Lydick stated the P &Z is advisory to the assembly on these rezone actions. The only authority that you have is to pass along a recommendation for rezone as amended, if that is your desire or a recommendation not to rezone. FINDINGS OF FACT 17.205.020 A. Findings as to the Need and Iustification for a Change or Amendment. 12/19/2012 P &Z Minutes Page 6 of 11 Responsible management of a community's waste stream is a necessary function of local government. Providing the means and venues for managing a community's waste stream fulfills the government's responsibility as such. No other consolidated tract of land with the requisite size, accessibility, and zoning is available. 17.205.020 B. Findin ' s as to the Effect a Ch. nge or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel would be consistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject parcel would work to implement the Comprehensive Plan. /� 17.205.020 C. Recommendations as to the approval or disapproval of the change or. amendment. The Kodiak Island Borough Planning & Zoning Commission recommends approval'of th�re oz ne request \ \ \ ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY y ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY C) Case 13 -016, Request a Conditional Use Permit, according :to KIBC 17.200, to consider the expansion of landfill activities on the remainder of ADL 44355, as allowed by KIBC 17.105.020.E, subject to the approval of a rezone toll Industrial which is pending review in related case 13 -012. The applicant is the Kodiak Isl'and:Borough and the agent is Mike Patterson. The location is 1203 Monashka Bay'Road.(AKA , Lot 2001, Township 27 South, Range 19 West), and the zoning is C- Conservation and'P.L- Public Use Land. Lydick stated this request for a conditional?usepermit isthe step in bringing the existing municipal solid waste facility into complian4with.the zoning ordinance. The petitioner is requesting formal recognition of the appropriate ess s t e\ xisting use, in this locale. The conditional use permit process affords the commission, in consultation.with the public, the opportunity to reasonably impose more stringent controls upon the conduct of:the permitted activity than might otherwise be available through ordinary administrative tools And, the conditional use permit process affords the commission the opportunity to direct other land;use controls, i.e., potential subdivision and zoning options that r may achieve or encompasselevant.neighborhood or community concerns. Thirty four (34) public hearing notices were mailed'on No 19, 2012 and four (4) responses have been returned ■ commenting on the request. S is recommending approval for a conditional use permit. COMMISSIONNERrSCHMITT�MOVED to grant a Conditional Use Permit, per KIBC 17.200, according to KIBC 17.200>to allow,fo \fie expansion of landfill activities on the remainder of ADL 44355, as allowed by KIBC'1'7:105i020�� !E subject to the approval of a rezone to I- Industrial, and to approve the findings of �� ? fact in that'staff•repor� tooted December 7, 2012, as Findings of Fact for Case No. 13 - 016. Thepublichearing was opened. Public testimony was given by: Doug Pengilly \stated he is not against expansion of the dump and cannot figure out what is being proposed '.He's tried to read it,. It says existing landfill, existing landfill and then there's a picture. so he claims ignorance. This is an opportunity to deal with a lot of land issues and the landfill that have been brewing for a long time. He's not sure what this conditional use is for and he doesn't think the problem is solved from the last Tia Leber stated she's not opposed to the expansion of the landfill but she's opposed to the rezoning of the greenbelt buffer. The CUP of the landfill conditional use of Industrial use is messy and doesn't seem to fit especially if you think about the closure of its lifetime. What kind of permitted uses are allowed on Industrial zoned land? She proposed that we parcel out what the borough needs for the landfill, 12/19/2012 P &Z Minutes Page 7 of 11 • transfer station, including the composting / sewage sludge facility, waste water treatment plant, settling ponds, and etc. to create a Sanitary Landfill zone. In the Landfill zone description when the landfill has reached its life expectancy enclosed it will be capped and re- vegetated and reverted back to Natural Use and Wildlife Habitat. Tom Lance stated here's a great opportunity for the borough to fix a problem that's not just here but in other communities on the island too. They have issues with non - conforming landfills in the villages, why not create a landfill zone. To address the issues of after the landfill closes and preserving the integrity of the area for all the ecological services that it provides as well as home values and things like that. Why is that Industrial when it's mostly wetland and he doesn't know what kind of Industrial use it could provide? Maybe we could carve out this chunk to work on and approve what you need to tonight but with the agreement in the future a new parcel will be created and set aside as a•Na ut ral Use area which will become an enhanced greenbelt. )) Marilyn Guilmet stated she thought this CUP by Mike was for metal reclamation and composting and it only goes if the rezone goes. Is this specifically metal reclamation and composting. CHAIR TORRES stated no, it's for a sanitary landfill because in the [ndustrial.District and sanitary landfill is not allowed as a strict use in the Industrial District; it's listed as a conditional use in the Industrial District. Appropriate uses in the Industrial District is also includes+metal reclamation. In response to COMMISSIONER SCHMITT'S inquiry regarding 2 q\stio \�� O Is he'd like to confirm information he received from another source and that is basically ' c . o JFie current expansion of the landfill where the hole was dug that comes up to the lot line,on•the \ front of the property on Monashka Bay Road, is that correct, Mike Patterson stated it comes \'\ up appro SO feet. COMMISSIONER SCHMITT asked where the fence is relative to the.property Iine>l? tterson said it's almost on top of the property line. COMMISSIONER SCHMITT asked•how;tlose the excavation is to the fence, Patterson replied it ranges between (inaudible). COMMISSIONER SCHMITT'S second question is if you could talk about what the plans are, Patterson has applied'for the plans are for the lateral expansion to move into the area that's already been identified down along the'Monashka Bay Road down to the Sawmill property and over to the treatment facility ncluding the closure of the existing landfill. Currently as v testimony has been given the proposed treatment facility is within the greenbelt ordinance area, and is also on Conservation and PublicUseCLand which is outside the proper use for the borough, so the plan is we have an Industrial zoned area iscomparable and legal for the proposed activities on that side. ^ C� \q����q The public hearin� \ ed. Discussion cussion on \ \\� COMMISSIONER SCHM M ITT•OVED to amend the motion to add a condition of approval - as soon as it is practi \ I do o tae borough will plant trees and any other appropriate vegetation to screen the landfilbfrom•Monashka Bay Road. \N \ \ \ \V CONDITION OF APPROVAL 1. ton as its practical to do so, the borough will plan trees and any other appropriate vegetation to s cree n t he landfill from Monashka Bay Road. FINDINGS OF FACT A. That the conditional use will I reserve the value ' irit character and inte • ri of the surrounding area. The current use of the property established at or around 1969 as an unlined dump in an area of approximately 202 acres. The conditional use will preserve the value, spirit, character, and integrity of the surrounding area by maintaining established buffers and greenbelts for abutting residential properties. 12/19/2012 P &Z Minutes Page 8 of 11 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The property was rezoned to the 1 - Industrial Zoning District via Case No. 13 -012. The Industrial Zoning District contains performance standards which guide the conduct of operations on the site. C. That granting the conditional use permit will not be harmful to the public health. safety, convenience and comfort. The public health, safety, convenience, and comfort will be protected and enhanced by the development of a highly regulated Class 1 municipal solid waste disposal facility. Regulatory oversight will be conducted by agencies of the United States Environmental Protection Agency, the Alaska Department of Environmental Conservation, and the Kodiak,lsland- Borough. D. That the sufficient setbacks. lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. CJ Sufficient setbacks, lot area, buffers, or other safeguards are provided byte size the tract, the zoning district requirements, existing administrative protocols, and natural,topo graphy. \\ E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize pub1kbenefits. Available land options define this site as the most econorhicaland vi able�olution for the processing of community generated waste streams. �\\\, ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNA IMOUStY ROLL CALL VOTE ON MAIN MOTION ASAMENDED.CARR/ED;UNANIMOUSL OLD BUSINESS \� There was none. NEW BUSINESS There was none. �( \\ I 1 COMMUNICATIONS A) November P &Z Public HearingResults.Letters CHAIR TORRES stated these November public hearing results letters of the Planning & Zoning Commission. �\) COMMISSIONER\ M \ \ \ T)MO ` VE to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY v REPO \ \ \C A) Meeting :Sc edule: • Jannu ry 9; 2013 work session at 6:30pm in the KIB Conference Room •\January 16, 2013 regular meeting at 6:30pm in the Assembly Chambers B) Minutes of Other Meetings • September 11, 2012 Parks & Recreation Committee minutes • September 25, 2012 Parks & Recreation Committee minutes C) Abbreviated & Final Approvals - Subdivisions CHAIR TORRES stated this is our meeting schedule, minutes of the P &R Committee, and final approval of abbreviated and subdivisions COMMISSIONER SCHMITT MOVED to accept reports as presented. 12/19/2012 P &Z Minutes Page 9 of 11 VOICE VOTE ON MOTION CARRIED UNANIMOUSL AUDIENCE COMMENTS Judy Kidder stated she can understand their concerns and she appreciates you taking into consideration the comments. She agrees separating it into a separate zone would allay their concerns and protect it down the road when someone else is there it will be written in stone, which will help keep it separate from the landfill. Marilyn Guilmet said knowing that there's at least 2 of you working on the code rewrite. Judy Kidder also said the Lion's Club has the initiative to plant trees so perhaps you cld invite the Lions Club to help plant those trees out there. COMMISSIONER'S COMMENTS 40 Alan Schmitt said there are four of us here tonight and Schmitt is the only onewith a city;position so he's more aware of what is going on. Under State Statutes because the City of'Kodiak:is the first class city, and under State Statute there's a certain number of seats on the borough's P &Z commission that are delegated through the City of Kodiak, and there are 3 seats on the 7 member P &Z Commission. Schmitt went through the process twice and you have to live in the cityteacity seat. Obviously, if the city has a strong position on something, it's not something.ethically1ie o hav would feel that he could easily say he doesn't agree with it. He may not personally for Whatever reason but he would have to have some really strong reasons if he was going to say nocto some spec direction from the City Council. I'm a representative of the city on the commission't.The.second isific sue, usually when we get the maps it will show the zoning legend and this one for -the landfill didn't clearly break out what was the Natural Use and Public Use, it's all kind of one color. Re third comment was what can we do to do some kind of Comp Plan for the landfill so it do sn't f\I between the cracks. Lydick stated that map is mapped correctly' Whatssstaff need getting the technology to portray this information. If you look in the legend, he woul\� � / d agree with / COMMISSIONER SCHMITT that the larger �\ parcel looks like a different color but ifyou;look,in the legend that's the white color and if you look at the bottom legend that Conservation designation. What you are seeing is a technological fault of the printer. Sonny Vinberg said he kno �whati\ kes.to get the GIS maps together and getting the right color or maybe the GIS department_ needs s t o IOOk�different color scenarios to help that process. He concurs with Alan Schmitt. ^ kQ) \\ Rick Vahl said he's somewhat discouraged because in whether we had no one here for public testimony he th nks ing a full commission allows us to do some of the analyzing and working with \ staff to move ,thing / s a so our community is healthy. He hopes to fill our vacant seats. One of the cases ton r ight eallygave .' V us a chance to do some good planning, and help Mr. Zimmer have a successful subdivision. Alan Torres said in the Comp Plan showing that other than the greenbelt that both the landfill site and part ofthe VFW site (leased from borough). The Comp Plan, when it was passed and all the discussions it was 'Ave document is what they said at the time and he doesn't think we need to look at re- writing the Comp Plan, he thinks when we find issues we can make recommendations to change them. Torres was also happy that they determined that he could participate in the discussion with the landfill. Martin Lydick stated he'd like to revisit the Comp Plan and distinguish that between the zoning ordinance, the Comp Plan, and the maps that people were looking at and taking issue with clearly state on it proposed future land use, and that's the key. When we talk about rezoning lands it has to have a reasonable basis in the Comp Plan but when you're enjusting zoning district boundaries it's not mandatory and rarely is a case where it is lock step with the Comp Plan. The Comp Plan is an idealized situation where is everything went perfectly that's what one person's vision, committee's vision, or the 12/19/2012 P &Z Minutes Page 10 of 11 assembly's vision of what something should look like thirty years down the road. He doesn't think it realistic to expect that to always dictate our actions day by day, year by year because people change, economic situations change, communities change and that's why we ask you to sit here and make decisions after you look at the whole thing and take into consideration. Mr. Schmitt took me by surprise when you offered that amendment in the rezone case because he was expecting it to come in on the CUP case because that's where there's more authority. In that rezone case you are only advisory to the assembly. In the CUP that's where we have the opportunity to put something down as a condition of approval. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn. VOICE VOTE ON MOTION CHAIR TORRES adjourned the meeting at 9:16 p.m. c KODAK ISLAND BOROUGH PLANNING & ZONING COMMISSION Vai'Torres, Chair ATTEST \\ v By: Sheila Smith, Secretary D APPROVED: January 16, 2013 414%%\: O o D 12/19/2012 P &Z Minutes Page 11 of 11 Public Hearing Item 7 -D P &Z December 19, 2012 @mate Location Request:a ezone, accordingTh V.205.0304, (?QC #13 U12 R rezone0C4a 3945 nt�'ij remainder o 0 44355, comprisingli9 Kodiak Island Borough Kodiak Island Borough gm waste Disposal Sathiago© combinat•ion PL-Public Qf Q kW] MIe0Conservation Zoning Dist rict II00 =Industrial Zoning District �. 0 0 0e 0 voo n th re 1 al lib 1 111 4111 t It ... ...44). — rim": s ari w �r� .0=7 , ,, ,,, h�� ��: ,/� = � iii: I - �° fir 4 t 0 ir i f Legend j � . ! ss KIB Landfill Site AS...42. ..gli: 1 �,. ° Kodiak Island Borough GIS System AL.,_,-; 0 1,100 2,200 4,400 6,600 8,800 Feet 1 I This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Deparunent at (907) 486 -9333. Case No. 13 -012 Introduction Page 1 of 3 Public Hearing Item 7 -D P &Z December 19, 2012 4 Kodiak Island Borough Zoning Map Community Development Department p 1 ! j Zoning Request: Arezone, accordingf OM 0.205.030 pan 13 -012 to rezone R[Qo Rage r EIK3 it3 remainder dal: 144355, comprising SG Kodiak Island Borough Kodiak Island Borough gciii waste Disposal gOaii combinationGQ PL- Public asnapiegii e conservation Zoning District 2D 0o Industrial Zoning District /' Ol►rw� O� ►4a� kite ce'" �1t� ,� O ��� i � ,d+>►® r 1 41 4 .1 1 11 rot ' r i ft" � Ap // 7 ,.... 4 ": „...14,40„ to ....A.wat iii .1.4,...,„, y , p �° p t ate~ 0 * �p O ® V , cfp pop Op /• i ' • ,,.. O 4 4" �B v O j Sp pO� Legend • 1 4 eRkk� >� m;11 I I KIB Landfill Site 9 n O �� 1 Zoning Legend Public Use Lands Rural Residential 1 I I Multi Family Residential _ Light Industrial V/� Watershed IIIIIIIIIIIIIII, Rural Residential 2 [ I Business I Rural Neighborhood Commercial Conservation Single Family Residential I I Retail Business _ Urban Neighborhood Commercial I Rural Residential I Two Family Residential I I Industrial I Natural Use i 1 This map was prepared from the Kodiak Island Borough's GIS System. It prowled for the purpose of showing the general lorvelion of a property wilhn the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodak Island Borough IT Department at (907) 086-9333. Case No. 13 -012 Introduction Page 2 of 3 Public Hearing Item 7 -D P &Z December 19, 2012 @Eagle Location Request: A rezone , according QC) NEC 0.2( 5.030 r PbII@feo 313 -ot12 ODrezone liCag 3945 aidaG remainder • 0 d 44355, comprising( Kodiak Island Borough Kodiak Island Borough @Id Waste Disposals of peombinationCO PL- Public QomaaEEd cConservation Zoning District mO =Industrial Zoning District Jr yr a ' ` ` 4;, , r t' r . al y r v s ,� �` r, �- ` 4� g3 r�. ` r g] '7 apt,t 4 y '4 .. 1 1 ; + �y °1, . y 1 . '•kb, f (tfl ' ':(m ilt ) ' •- , : 01:i.21 , f k 3;44, 5 ,ae ..;;;.4 4 ,. =+ ift AT... r� k s' c: Cite; r t„ ` gr t rk i Be f i .. ,t a cd r '.Tit • h ' , � CS/ r, r r ,F! Tit y � J'" t 4" �{�! /M ' °{'4" y f ,' �I s' e '44 . t ,r .7i #"t � F' , � ' f1 t rt. •4 4 i i r l GF o p e vi 't . e 9y,.. • }� t W fr rr t r r v f 1T / , � .: ' . ]I' r , 1 t t , .• ♦ J ��l i ✓ . y F' • p t' -�a ,�+''� 1 �. X 1 ; � "r„ , � i' f - / J y � f t,N F'' { A � tj1" 7 ` f ,. ' f 4.0 if i iii.° / rTi� 1:1,4.,*: 1t4% , ., • , " r ": ' ♦� rte, 'l t. \ '.'7` i � . ' IN ` rs Y"' • ` V.:: f7 ''' Y` 1 • > ty � N ., - f j ,f y � r y s ( r � . . r '.�' kr ' �,�, 7^ I �F r' i h ,y ,�i( 4„ s w .. f o- v v !r , y ( *`: - , p s ihp . -ti ,•` a .W ! ` r tt3 _tr R ✓ --.PP' ti / rl y ' Ft r '' f ✓- , it \ . /— 4 'ii j�' i m ?Vsr " ' —a' :Fr - • Nil 1 t W/ ��J'f ` 4 � is it; y a • • :lg. 'yh'•1 et >: ' fi j . ?? c', Z. rr .� � Legend ,� t • 4 ' '}{, { c' 444 4 1' 1 }4 a < � ' y, � i n r l ( S t T . .,• '1 • i " ti : ' , - k : � .•e1,5 / ` : l o le r � g xt I I KIB Landfill Site `y N s ,� t , Q �.. - ''t 1117 ^ ' � ..--i-'• � �� eY ' a`tYZ T �: y , � t �Q - ... . i'` 7t �_ 4 it � f. ,� �i : `tr". i ` :; 55 ... �i -., - I / i Kodiak Island Borough GIS System 4J .. . 0 550 1,100 2,200 3,300 4,400 ` `� Feel F _r This map was p repared from the Kodak Island Borough's GIS System. It s poNded for the purpose of showing the general lomtion of a property within the Kodiak Island Borough This ma p dons not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island borough IT De at (907) 4869333 Case No. 13 -012 Introduction Page 3 of 3 Public Hearing Item 7 -D P &Z December 19, 2012 up ta(z1112_ Kodiak Island Borough I, , Print -Form, j I(Submi[ by Email 1 N.; Community Development Department 710 Mill Bay Rd. Rm 205. I 1010 III101 i` @� 7 Kodiak AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 2214 2149 9 atp://www.kodiakakus A kelfbe.-D PROP_ID 22149 Application for Rezone KIBC 17.205 The following information is to be supplied by the Applicant: Property Owner / Applicant: Kodiak Island Borough Mailing Address: 710 Mill Bay Road, Kodiak, AK 99615 Phone Number: 907- 486 -9348 Other Contact email, etc.: mpatterson @kodiakak.us Legal Description: Subdv: T275 R19W TL200 Block: Landfill Lot: Site Street Address: 1203 Monashka Bay Rd. Kodiak, AK 99615 Current Zoning: Public Use KIBC 17.130 Proposed Zoning: Industrial KIBC 17.105 tor. 5t+as+A - t1 of Applicable Comprehensive Plan: January 2008 Explanation of the need &justification for a change or amendment of zoning: A sanitary landfill is required to be zoned Industrial by KIBC 17.105. The landfill site is currently zoned conservation & public use. Conservation district is a residential zone. A non conforming residential use may not be expanded in a residential zone. Sanitary landfill sites are highly regulated by the U.S. Environmental Protection Agency (EPA) under the Resource Conservation and Recovery Act (RCRA) and the Alaska Department of Environmental Conservation (ADEC) 18AAC60 Solid Waste Regulation. Sanitary landfill placement is restricted by aircraft usage and distances prescribed from airports, floodplanes, wetlands, fault areas, seismic impact zones, and unstable areas. The type of sanitary landfill that the Kodiak Island Borough is operating is a Class I Municipal Solid Waste (MSW) Disposal Facility operating under a cyclical 5 year ADEC permit with stipulations. Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: An appropriately zoned and sited sanitary landfill is an objective of the January 2008 KIB Comprehensive Plan. 1 L I t= 2 LL-_7 H ti'/ 1±-3 (f CA-Se A I l i NOV 2 1 2n12 ;' — 'i t3- ot2 �a en N Date: Nov 21, 2012 Signature: Michael P. Patterson, CSP; NIB Solid Waste Manager Case No. 13 -012 Application Page 1 of 4 Public Hearing Item 7 -D P &Z December 19, 2012 Kodiak Island Borough Print Form I Submit b, Email Community Development Department 710 1kyK 205 tt����''�¢ Kododiaa 9961 k AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 httpj /www.kodiakak.us PROP_ID n9 /ij Application for Rezone KIBC 17.205 P V The following information is to be supplied by the Applicant: Property Owner / Applicant: 65b Pi( T _ c'i ) &leapt h Mailing Address: 1I6 rinok gicu yum, CP Phone Number. Ct0l. C t Yu ' Other Contact email, etc.: \C cec (n 5e) ICot )etc 11-IC .0 S Legal Description: Subdv: �n, bK LL & 7 ig '' 5 •.2,1q w "T a co _ ock: Lot: Street Address: (a,(3. in Or\C.ShIC C-- b6. W 10, 01 /2)-iC- ANC (1 to) Current Zoning:2 C Proposed Zoning: t S t 4 L. Applicable Comprehensive Plan: `, nl.3 2009) Explanation of the need &justification for a change or amendment of zoning: :.f.+ -11 1 l rct t 1 (S ( 2 CO (4,f 1\) 69. 2 4) , ct Lht u S tt taL Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: .n?R,Ana Zoo t S t10 uAV to A- c r+ (Ye .. • o ' Ate s _L4 _ Zo-ot• tC-t ju 4CJSw£. 13 —ni2 Date: q f f Signature: 1 � Case No. 13 -012 Application Page 2 of 4 Public Hearing Item 7 -D P &Z December 19, 2012 CDD Staff Certification Date: 1Z:97/4 CDD Staff: , Payment Verification Fee Payable in Cashier's Office Room # 104 Main floor of Borough Building Not Applicable r So.00 Less than 1.75 acres: r $350.00 1.76 to 5.00 acres: r $75000 5.01 to 40.00 acres: r 51,000.00 40.01 acres or more: r 1,500.00 0002.8 S Case No. 13 -012 Application Page 3 of 4 Kodiak Island Borough Journal Post Listing Journal Reclassification Department Number Type Sub Ledger G/L Date Description Source Relerence Journal Type 120 - Finance 2013- 00000495 lE GL 09/192012 Application for rezoning from Public conservation to Industrial Date 0/L Account Number Account Description Description Source Debit Amount Credit Amount 09/19/2012 100 101.100 Cash In Dank -Wells Fargo Application for rezoning from Public 1,50000 conservation to Industrial 09 :192012 100- 000322,170 Zoning Change Fee Application for rezoning from Public 1500.00 conservation to Industrial 091192012 530 101.100 Cash In Ban -Wells Fargo Application for rezoning from Public 1,500.00 conservation to Industrial n 0919/2012 530-731 450.110 Operating Supplies Application for rezoning trom Public 1,500 00 conservation to Industrial ro Number of Entries: 4 51000.00 53,000.00 0 • tN O D n' o' -D d oa rb 0 M I° c N D O n ro = m N N c 6 rd (D QO rt Fr N 3 O ' User: Dria Holloway Pages: 1 of 1 9/19/2012 10:14:09 AM Public Hearing Item 7 -D P &Z December 19, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 November 19, 2012 Public Hearing Item 7 -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 19, 2012 The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13 - 012 APPLICANT: Kodiak Island Borough AGENT: Mike Patterson REQUEST: A Rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site, from a combination of PL- Public Use Land and C- Conservation Zoning District to I- Industrial Zoning District. LOCATION: 1203 Monashka Bay Road (AKA — Tax Lot 2001, Township 27 South, Range 19 West) ZONING: C- Conservation and PL- Public Use Land This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, Tuesday, December 4, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396, or you may entail your comments to ssmith If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1 -855- 492 -9202. One week prior to the regular meeting on Wednesday, December 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Case No. 13 -012 Public Comment Page 1 of 21 Public Hearing Item 7 -D P &Z December 19, 2012 Notification Area Request: A rezone, according to KIBC 17.205.030 C, to rezone P &Z Case 13 -012 Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site, Kodiak Island Borough from a combination of PL- Public Use Land and C - Conservation Zoning District to I — Industrial Zoning District ego 410,..4.401. 4s It o t�� 4 %pet in nu at . \ 44 . Wimi in Or to , :�: : � :� Q MP ®v ilia INA / / , f ,.. . . ❖. ❖. ❖. ❖.❖ ... is 0 • .1 lb V. a.a r. A W AtW � in ,••••••••••••••••••• SAttaa . • 00• . • ❖. ❖ 0 � ❖�•❖ ❖ ❖ ❖ ` ❖. ❖Q.•Q.•Qi . / • S si o, ti ' • 4 :t" 444 ' itJtP it i g Kodiak Island Borough GIS Legend Feet : o 950 900 3,80 Sub Parcel 1 1 t t ..... ,. ■ This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general lo®hon of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 13 -012 Public Comment Page 2 of 21 • Public Hearing Item 7 -D P &Z December 19, 2012 MARK WITHROW ETAL BRIAN DIXON ETAL MARTHA MCKINNEY 1818 EAST REZANOF DR PO BOX 364 P.O. BOX 2037 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CAROL JUERGENS ETAL MARK ANDERSON DANNY JACKSON ETAL 1818 E REZANOF DR 1124 STELLER WAY PO BOX 169 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KEVIN LOFBERG FORREST GOULD S & Y REVOC TRUST 2289 FOREST DR P.O. BOX 1214 C/0 SUZANNE SOLENBERGER KODIAK, AK 99615 KODIAK, AK 99615 BARROW, AK 99723 ANDREW SCHROEDER S & Y REVOC TRUST DOUGLAS MATHERS PO BOX 301 C/0 SUZANNE SOLENBERGER PO BOX 2916 KODIAK, AK 99615 BARROW, AK 99723 KODIAK, AK 99615 LAWRENCE ELLSWORTH LOGAN CRANE JAMES SWEARINGIN PO BOX 751 7065 CALLE PONCE DE LEON 1877 MARMOT DR KODIAK, AK 99615 NAVARRE, FL 32566 KODIAK, AK 99615 KENNETH PAULLIN SHAWN DILLON KENNETH CHRISTIANSEN 1523A MISSION RD P.O. BOX 1896 1849 MARMOT DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MICHAELTICFMAN JOHN W KIMMEL GARRICK D BARNES 2159 ISLAND CIRCLE 2107 ISLAND CIRCLE 2091 ISLAND CIR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ROBERT MUDD JR JAMIE GODWIN JEAN DICKSON ETAL PO BOX 8933 PO BOX 1532 P.O. BOX 8347 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DAVID SUNDBERG THOMAS ANTHONY FRANK FISH SR 2055 MARMOT DR. 2032 ISLAND CIRCLE P 0 BOX 437 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 VETERANS OF FOREIGN WARS FREDERICK MILLER JOHN THOMAS PO BOX 404 PO BOX 9035 P.O. BOX 3131 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Case No. 13 -012 Public Comment Page 3 of 21 Public Hearing Item 7 -D P &Z December 19, 2012 PAUL ZIMMER ETAL DAVID PUTNAM PAUL ZIMMER ETAL 2000 RIDGE CIRCLE PO BOX 1541 2000 RIDGE CIRCLE KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK ISLAND BOROUGH MONASHKA BAY ROAD, LLC KODIAK ISLAND BOROUGH 710 MILL BAY RD PO BOX 1753 710 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CITY OF KODIAK KODIAK ISLAND BOROUGH KODIAK ISLAND BOROUGH P.O. BOX 1397 710 MILL BAY RD 710 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Case No. 13 -012 Public Comment Page 4 of 21 Public Hearing Item 7 -D P &Z December 19, 2012 Sheila Smith From: nat wales <middlebaynat @yahoo.com> Sent: Monday, December 03, 2012 8:57 PM To: Sheila Smith Cc: middlebaynat @yahoo.com Subject: CASE 13 -012 PUBLIC COMMENT CASE 13 -012 DEC 3, 2012 I would like to comment on the rezone of the Kodiak Island Borough Landfill from PUBLIC USE (PL) and CONSERVATION (C) to (I) an INDUSTRIAL zoning district. First I'm surprised that the KIB landfill is still zoned or even allowed in it's present zoning status. I whole heartily endorse the borough to upgrade the zoning to Industrial as it should be anyway. My wife and I have lived in Middlebay for 30 years where the city has proposed hauling their sewage sludge for the comercial composting project. This could have possible severe negative impacts on our neighborhood do to smells along with possible water and health impacts to name a few. I favor the idea of relocating the commercial composting operation to the MB landfill after it is rezoned to industrial and the expansion projects are ready for them. I understand that the leachate problem at the land till is being addressed with a new treatment facility. Wouldn't it be possible to combine commercial composting at the landfill and site its operation there where it's leachate would also be treated. Again rezoning the landfill to Industrial is common sense where both sanitary landfills and commercial composting are allowed as conditional uses. Nat Wales po box 1786 MP 21 chiniak Hwy Middlcbay Case No. 13 -012 Public Comment Page 5 of 21 Public Hearing Item 7 -D P &Z December 19, 2012 Sheila Smith From: sarah thayer <ktbls @yahoo.com> Sent: Monday, December 03, 2012 10:53 PM To: Sheila Smith Subject: Public Hearing Notice Re: Case 13 -012 Request: Rezone Landfill from a combination of PL and C Zoning District to I- Industrial Zoning District I, Sarah Thayer, approve the landfill being rezoned from C and PL to 1. It makes total sense. Should have been done years ago. Under Industrial, commercial composting is permitted. Pete Olsen can do his sludge composting or the boro can do its own but it will not be done in pristine Middle Bay! The green belt area will remain so no landfill- bordering property owners should be worricd. The buffers will still be there. For these positive points, please approve this rezone. Thank you. P.O. Box 1282 MP 21 Chiniak Hwy. Middle Bay Kodiak 1 Case No. 13 -012 Public Comment Page 6 of 21 Public Hearing Item 7 -D P &Z December 19, 2012 Sheila Smith From: Douglas Pengilly <douglaspengilly @icloud.com> Sent: Tuesday, December 04, 2012 12:50 PM To: Sheila Smith Subject: P &Z case 13 -012 (and 13 -016) on the agenda for 19 December 2012 meeting P &Z: My name is Douglas Pengilly. These written comments pertain to case 13 -012 and the related case 13 -016 that the P &Z will be addressing at their December 19, 2012 meeting. I live with my family at the property we own at 2063 Island Circle, which borders the lot being considered for rezoning as (- Industrial. First, I think it goes without saying that absolutely no one in my neighborhood is in support of rezoning the lot that the landfill is in (a lot that is currently a mix of C- Conservation and PL- Public Use, with a "greenbelt" thrown in) as Industrial. We have serious concems related to health issues (e.g., we are all on well water), quality of our lives, and the monetary value of our homes. A lot of time and words can be saved here by sampling noting the obvious: no one who lives in this neighborhood chose to buy a home and raise a family in this area out of a desire to live next to an industrial zone. The reactions to this possible rezoning that my neighbors have told me include: disbelief, outrage, tears, nightmares, and "if it happens, we're selling our house and moving!" It was not too long ago that we had to fight a request to rezone the nearby "Sawmill Lot 1" as Industrial; turning the lot that the landfill is on - which actually borders our residential tots and is more than 13 times bigger than "Sawmill Lot 1" - into an industrial zone is unacceptable. I want to be clear that, in the remainder of my written comments, I am only speaking for myself. I can't say that any of my neighbors will agree with what I am saying, because I haven't had a chance to discuss an approach to this issue with my neighbors (mainly we have only been able to study and gather information on this issue independently - when we were not wringing our hands over it). I believe that the P &Z should take their consideration of cases 13 -012 and 13 -016 as an opportunity to resolve the re- occurring land-use/residential-use conflicts brought before the P &Z that have existed since my wife and I purchased and moved into our house in 1990. Although the landfill takes up a portion of the lot in question, much of that lot has been de facto natural use land; it is filled with trails and includes a beach used by many people (not just people in the neighborhood). Moreover, we in the neighborhood count on it to be in a natural -use state for the purposes of our health (e.g., well water, again), quality of life, and the related home values. Whether or not correct in legal interpretation, this is what most people think is intended when they see that land is zoned "conservation" or "public use" and are told that it includes a "greenbelt." So my recommendation to address case 13 -012 and the re- occurring land -use conflicts in this area are to: 1) 1) The lot that the landfill is in should be subdivided into two lots so that the land that is currently zoned Public Use, all the land that is included in the "greenbelt ", and all land that is currently zoned as Conservation that is not needed for the landfill or for its expansion plans (I believe I have seen a map with the plans for the landfill development in the next 40 years) can be zoned as NU- Natural Use. Case No. 13 -012 Public Comment Page 7 of 21 Public Hearing Item 7 -D P &Z December 19, 2012 2) 2) Rezone that and described in (1) as NU- Natural Use. 3) 3) If it is entirely necessary (i.e., not just for purposes of bureaucratic simplicity) that the remaining area used by, and reasonably projected to be used by, the landfill in that lot be rezoned from C- Conservation to I- Industrial, then the decision to make that rezoning should be accompanied in the written record that no other uses for that land (whether or not they are allowable in the I- Industrial zone) can be allowed without a public hearing before and approval by the P&Z. 4) 4) Finally, complete the resolution of the "re- occurring land- use /residential -use conflicts" in this area by rezoning the other Borough -owned lot that borders the residential property (i.e., the currently - empty "Sawmill Lot 2 ") from C- Conservation to NU- Natural Use. Thank you for your consideration of this. — Douglas Pengilly 2 Case No. 13 -012 Public Comment Page 8 of 21 Public Hearing Item 7 -D P &Z December 19, 2012 KODIAK ISLAND BOROUGH E COMMUNITY DEVELOPMENT DEPARTM 710 Mill Bay Road, Kodiak, Alaska 99615 NOV 5 2012 I L L ] (907) 486 -9363 October 17, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE COMMUNITY DEVELORMEN, DEPARTMENT A public hearing will be held on Wednesday, November 21, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: A) CASE: 13 -012 APPLICANT: Kodiak Island Borough AGENT: REQUEST: A rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site, from a. combination of PL- Public Use Land and C - Conservation Zoning District to I — Industrial Zoning District. LOCATION: 1203 Monashka Bay Road ( AKA - Tax Lot 2001,Township 27 South, Range 19 West) ZONING: PL- Public Use Land and C- Conservation This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, on Tuesday, November 6, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them to ssmith@kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free number Is 1-855-492-9202. One week prior to the regular meeting, on Wednesday, November 14, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (U121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. i nn r Your Name: Am 11 07(1,k (' // Mailing Address: 2. 10 i�J Skr Lt kbF Your property description: Ate)1'Y11t1. S 11/ 11/I cl()4V 1 Ln Z T / f y Comments: < 4 / /,,,, Y� ,e vial . 2Ltd, J-A / a a C / ' .c / a ..n , .tea / I G raj /3/7/ _ .i s_.i r / r'y gar' . r a t� :�ll1i MINFI /Qn i t l7.4- /./+./an" '/ >Ez. /ii r 7 /11" • Case No. 13 -012 Public Comment Page 9 of 21 Public Hearing Item 7 -D P &Z December 19, 2012 2012 -12-04 08:00 FED 19074875494 » skIsland8orough P 1/1 Kodiak Island Borough Community Development Department Submit byEmail 710 Mill Bay Rd. Rm 205, Kodiak, AK 99615 tl Ph. (907) 486 - 9362 Fax (907) 486 - 9396 Prim Form httD: / /www,kodiakak.us Public Hearing Comment P &Z Case No Case 7113 - 012 Solid Waste Landfill Re -Zone & Case 11 13.016 Conditional Use Permit Your Name: Frederick and Theresa Miller Mailing Address; PO Box 9036, Kodiak, AK 99615 Other Contact email, etc.: ftmiller @gci.net. telephone 486 -5512 Your Street Address: 2069 Ridge Circle, Kodiak AK 99615 Please enter your comments below. Use additional pages as needed. Dear Planning and Zoning Commission, We are residential property owners in close proximity to the Conservation and Public Use zones near the landfill tracts that are currently being considered for rezoning and conditional use permitting. We are also familiar with the Greenbelt established by KIB-C 98-06-0 to serve as a visual and sound barrier separating activities at the landfill site from residences In the area. It Is Important to note that It Is widely recognized that the wetland within the Greenbelt also serves an important water quality function because It _ acts as a contaminant sink and filter to pollutants found in the landfill leachate. The Greenbelt will continue to serve this critical function even after the new waste water treatment plant Is constructed and operational. Water quality is important to the residents near the landfill because many currently use drinking water wells that could be effected by solid waste contaminates. The proposed change to Industrial Zoning threatens the health, well - being, and property values of residents in the vicinity of the landfill because it threatens the established Greenbelt To my knowledge no new industrial activities. other than landfill lateral expansion and waste water treatment facility, are currently proposed but rezoning opens the door to such activities. The existing buffer zone Is not substantial when compared to the large scale Industrial activities currently taking place at the landfill and adjacent commercial sawmill site. Additional loading to the greenbelt is likely to render It ineffective for Its stated purpose. We are in complete agreement that the current landfill, lateral expansion, and water treatment plant would be appropriately rezoned to Industrial. However, it is inappropriate to rezone the Greenbelt to Industrial. For the reasons stated above, we are opposed to the current proposal (Case 913 -012) of rezoning the entire Conservation and Public Use parcels In the vicinity of the landfill. We urge the committee to consider an alternative plan that would involve creating an Industrial Zone that encompasses the Landfill operations only (to include the Important expansion projects currently underway), while maintaining adjacent Conservation Zone, Public Use Zone, and established Greenbelt that will serve to protect the nearby residents. Respectfully, Frederick and Theresa Miller Date: December 4, 2012 Signature: A Case No. 13 -012 Public Comment Page 10 of 21 Public Hearing Item 7 -D P &Z December 19, 2012 Sheila Smith From: M. McKinney <marthyog @holmail.com> Sent: Tuesday, December 04, 2012 4:20 PM To: Sheila Smith Subject: Case 13 -012 and Case 13 -016 To Whom it May Concern: I oppose the rezone of Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, from combination of PL- Public Use Land and C- Conservation Zoning District to I- Industrial. To my knowledge there has already been an illegal expansion of the KIB Solid Waste Disposal Site. For the Borough to now rezone the area industrial and not acknowledge the greenbelt boundary that was promised to the residents of Three Sisters Way and Monashka Way is dishonest, wrong, and dangerous. To not notify landowners on both sides of the streets eliminates input from the people whose wells, property values, and residences are threatened by this irresponsible action. The maps sent out do not show the numerous wetlands, nor the greenbelt boundary. I object to the manner in which public input has been limited. I respectfully request that the greenbelt boundary be zoned as such. I oppose the conditional use permit to expand the landfill. If any expansion is to be considered, it should be in the other direction toward Pillar Creek. Please protect your citizens. Thank you and Sincerely, Martha McKinney PO Box 2037 Kodiak, AK 99615 Property Description: USS 1678 TR B LT 7 Case No. 13 -012 Public Comment Page 11 of 21 Public Hearing Item 7 -D P &Z December 19, 2012 KODIAK ISLAND MEDICAL ASSOCIATES LLC 1818 EAST REZANOF DRIVE • KODIAK, ALASKA 99615 • (907)4E6-6065 or 486 -3177 • FAX 486 -2248 MARX WITHROW, M.D. • General Practice `9 PAUL LIMMER, M.D. •Family Practice CAROL JUERGENS. M.D. • Internal Medicine ( " 1 � � ) � F' RAE JEAN BLASCHKA, A.N.P STEVE BURNSIDE, M.B. • Internal Medicine a, r y. LAURA WALTERS, M.D. • Family Practice DAYNA FERGUSON, M.D. • Family Practice ^..;'.,, GREG METE, PA -C SHAWN VAINIO, M.D. • Family Practice - JENNIFER WEBSTER M.D. • Family Practice NADENE ELLS WORTH, Office Manager '� Mike Patterson NOV 2 6 2012 November 15, 2012 - Engineering and Facilities Kodiak Island Borough Community Development Department COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road Kodiak, Alaska 99615 RE: Case 13 -012, change of zoning from public use and conversation to industrial zone. Dear Mr. Patterson: I probably will not be able to attend the December 19, 2012 planning and zoning regular [netting. I would like to add my comments on the proposed zoning change. I was the Monashka Bay Service Road District Chairman for six years in the early part of 2000. My time was responsible for the Greenbelt Boundary, Kodiak Island Borough Ordinance #98-06-0. I am no longer on the board. But I do, of course, have opinions. 1. Not in my backyard. This may be opinion of others, but it is not mine. I believe it makes sense that if the borough is receiving material from the sewage treatment plant now, that it continue to take it and have the composting operation that was going to be in Middle Bay occur on the landfill site. 2. As a resident of the closest population (the Monashka Bay Road Service District) I would ask your consideration in also putting a transfer station at the landfill. This also makes good sense in an island community. We need to recycle more. The personnel at the landfill can also monitor for illegal dumping. Ultimately, a transfer station reduces the amount in the landfill. 3. Change greenbelt to environmental zoning. In summary, I am not against the change of zoning from public use and conservation to industrial. I would favor having the composting to happen at the landfill whether you need to expand it a little bit into the Greenbelt or in a more westerly direction toward the VFW. Either solution makes more sense than trucking the sewage to Middle Bay. Secondly, in consideration for this composting in the landfill, I would request that a transfer station be set up also on the landfill for effective recycling in our community. Common sense remains a rare commodity but a noble goal. Sincerely, Mark Withrow, MD Resident, Monashka Bay Road Service District MW:kgw D: 11/15/2012/T: 11/16/2012 Case No. 13 -012 Public Comment Page 12 of 21 Public Hearing Item 7 -D P &Z December 19, 2012 KODIAK ISLAND BOROUGH 6 9:5 COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 October 17, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, November 21, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 7 i a a A a,-before the Kodiak Island Borough Planning and Zoning Co si (jo r1 any, on the following request: A) CASE: 13 -01.2 APPLICANT: Kodiak Island Borough NOV 6 2012 ...I AGENT: REQUEST: A rezone, according to KI BC 17.205.030 C, to rezone Lot p U 1 .. urvey 3945 and the remainder of ADL 443crQ, iQ ittnRI pp ax borough Solid - - - • • - Waste Disposal Site, a combination of PL- Public Use Land and C - - - Conservation Zoning District l01 — Industrial Zoning District. LOCATION: 1203 Monashka Bay Road ( AKA - Tax Lot 2001,Township 27 South, Range 19 West) ZONING: PL - Public Use Land and C- Conservation This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm. on Tuesday, November 6. 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 - 9396 or you may email them to ssmith@kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486.3231. The toll free number is 1455492 -9202. One week prior to the regular meeting, on Wednesday, November 14, 2012, a work session will be held at 630 p.m. in the Kodiak Island Borough Conference Room (h121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 - 9363. ` Your Name: JA. �^^ '' ManlnB �nc�(� �}t$ r¢ ¢ description: /*flat �L.C,Am A 1/4 C a'e I.OL w S. Your J\ propene ny hen: Comments: — j�� �. A ti L it 1 Y' I. 20Wt r 1 . -. • 1 1 • :.4 • iaST.�. . I NDi I . s � .,. k, N ent 0 P Pens "L ho - w.A eA.DUa • �•es pr C>lL L'd L60L'99b'L06 wMpo0olwer e££ :60ZL 90AON Case No. 13 -012 Public Comment Page 13 of 21 • Public Hearing Item 7 -D P &Z December 19, 2012 • KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak Alaska 99615 (907)486 -9363 November 5, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE The case listed below was postponed to the Decem 190 0"pqm°an = ' g Commission regular meeting. The comment deadline h oLgaelh9i tbw0d e r 4,2012. CASE: 13412 • DEC - 4 2012 APPLICANT: Kodiak Island Borough AGENT: Mike Patterson REQUEST: A rezone, according to KIBC 17.205.030 C, t00Mgppchtp ttflMEti PAlteatill .-- - the 'remainder of ArtL 44355; Comprising the Kodiak Island Borough Solid Waste Disposal Site, fnam a combination of PL-Public Use Land and C - Conservation Zoning District Lg I— Industrial Zoning District. . LOCATION: 1203 Monashka Bsy Road ( AKA - Tax Lot 2001,Township 27 South, Range 19 West) ZONING: PL- Public Use Land and C- Conservation This notice is being sent to you because oui records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department Written comments must be received by 5 om, December 4,2012 to be considered by the commission, If you would like to fax your comments to us, our fax number is: (907) 486- . 9396, or you may email your comments to amithakodiakrt sq. If you would like to testify via telephone, pleas: call in your comments during the appropriate public hearing section of the meeting. The local all -in telephone number Is 486.3231. The MB free 'Alaska telephone number is 1- 85S9201. One week prior to the regular meeting, on Wednesday, December 12, 2012, a work session will be held al 6:30 p.m. in the Kodiak Island Borough Conference Room (11121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. 11 you have any questions about the request or your appeal rights, please.feel free to call us at 486 - 9363. �I l� i��,y '.t _ Your Wen "'w'�"�•" II L ��� w � Main Add en: :Id 5. Your proper? decripdon: F'&4 mgronne Jo. den/miff/rill �� ter �,: . �y • • TO/I0 39Vd (WIN 04CC90tL06 BTVbI CTOC /60/CT Case No. 13 -012 Public Comment Page 14 of 21 Public Hearing Item 7 -D P &Z December 19, 2012 Sheila Smith From: Ed and Vicki DeNoyelles <denoyelles @hotmail.com> Sent: Monday, December 03, 2012 7:29 PM To: Sheila Smith; kdm Subject: LANDFILL REZONED TO INDUSTRIAL Sheila, I was managing the Adak Landfill twenty years ago as a federal employee. ADEC was very proative when I approached them at that time to bring Adak Landfillinto compliance. Now I am a federal employee with the USCG as a environental program manager. Speaking from solid experience and as a kodiak citizen we need to manage our landfill effectively and responsibly. Lets rezone. And am very concerned about why we just don't go to ADEC and show that we can safely store sewage sludge on existing footprint of the landfill with effective placement of liner to prevent leachate runoff of sewage sludge until placement or composting of final destination. The City and USCG think itis okay to place on USCG property in pristine Buskin Watershed, next to a drinking water plant and then move again at a later date to a unknown destination. I heard on the radio that Juneau and Kodiak re the most expensive cities to reside in Alaska. We are our own worst enemy and need to logically work together in a responsible fiscally cognizant manner. Thanks, Ed DeNoyelles 539 -6987 1. Case No. 13 -012 Public Comment Page 15 of 21 Public Hearing Item 7 -D P &Z December 19, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 November 19, 2012 Public'Hearing Item 7. -D. PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 19, 2012 The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13 -012 APPLICANT: Kodiak Island Borough AGENT: Mike Patterson REQUEST: A Rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site, from a combination of PL- Public Use Land and C- Conservation Zoning District to I- Industrial Zoning District. LOCATION: 1203 Monashka Bay Road (AKA — Tax Lot 2001, Township 27 South, Range 19 West) ZONING: C- Conservation and PL- Public Use Land This notice is being sent to you because our records indicate you are a property owner /interested parry in the arca of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pin, Tuesday, December 4, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. or you may email your comments to ssmith(a&odiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 855-492 -9202. One week prior to the regular meeting, on Wednesday. December 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (11121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Cotmnission's decision on this request. If you have any questions about the request or your appeal rights, please feel fret to call us at 486-9363. Your Name:4Mt ,j 4Pietf/1A7'tf Mailing Address: 410 MIa. f/ ✓ ! )`7� n Your property description: joy /)y' �jcn�r p r Comments: "1 atty 4,K D 1/4,9m -P /-S g �� Or Lori (JO 0945 1_1664A r,c)`2Jt52 '9 AVt- ` 4 r iu / ehIgRr `v Cfi f (- h)ATr �[� i � 1- K.Lr - 7 LI�.Q rte(_ mit 13 A Mll(h{ MiM'C APPi4 1:421,11x)Ci -pf.XtQz - `e7nt; r Via,,. S. Vii, C V J DEC -3 7012 J C7 Ml1Nlry MVP Opt.1FNr DEPARTMENT Case No. 13 -012 Public Comment Page 16 of 21 Public Hearing Item 7 -D P &Z December 19, 2012 Martin Lydick From: Duane Dvorak Sent: Monday, December 03, 2012 3:16 PM To: Martin Lydick Subject: FW: Online Form Submittal: Comments & Questions Related to Cases 13 -012 and 13 -016. - -Duane Original Message From: Meagan Christiansen Sent: Monday, December 03, 2012 2:55 PM To: Duane Dvorak Cc: Mike Patterson Subject: FW: Online Form Submittal: Comments & Questions The following came in via the website... Original Message From: support @civicplus.com imailto:support @civicplus.com] Sent: Monday, December 03, 2012 2:52 PM To: Meagan Christiansen Subject: Online Form Submittal: Comments & Questions The following form was submitted via your website: Comments & Questions Name:: Christine Ford Address:: 12433 S. Russian Crk. Rd. City:: Kodiak State: : AK Zip:: 99615 Home Phone Number:: 9074874911 Daytime Phone Number:: Email Address:: fordchristine @yahoo.com Comments & Questions:: Please change the zoning for the landfill to industrial to allow composted sewage to be dumped in the landfill. Additional Information: Form submitted on: 12/3/2012 2:52:20 PM Case No. 13 -012 Public Comment Page 17 of 21 Public Hearing Item 7 -D P &Z December 19, 2012 Submitted from IP Address: 216.67.80.155 Referrer Page: http: / /www.kodiakak.us /index.aspx ?NID =240 Form Address: http: / /www.kodiakak.us /Forms.aspx ?FID =79 2 Case No. 13 -012 Public Comment Page 18 of 21 Public Hearing Item 7 -D P &Z December 19, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 November 19, 2012 Public Hearing Item 7 -3 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 19, 2012 The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13 -012 APPLICANT: Kodiak Island Borough AGENT: Mike Patterson REQUEST: A Rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site, from a combination of PL- Public Use Land and C- Conservation Zoning District to I- Industrial Zoning District. LOCATION: 1203 Monashka Bay Road (AKA — Tax Lot 2001, Township 27 South, Range 19 West) ZONING: C- Conservation and PL- Public Use Land This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, Tuesday, December 4, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396, or you may email your comments to ssmithAkodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1 -855 -492 -9202. One week prior to the regular meeting, on Wednesday, December 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#I21), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. �,y,, Your Sane: I OM ij1/4 Mailing Address: 2- 3 7 z ( 5 L4- --O , /'' C l/t -G Your property description: 203 ,, ( c i'4C t. E p�vp t 4-14 Comments: g PI' /�IMcrI.A t n I ttr LO CI /F �1 DEC -42012 COMMUNITY DEV Case No. 13 -012 Public Comment Page 19 of 21 Public Hearing Item 7 -D P &Z December 19, 2012 I'm writing in regards to the rezoning of land that borders my property. You want to rezone the land from Public Use /Conservation to Industrial to further expand the landfill. I oppose this rezoning for a number of reasons. The following are reasons I oppose the rezoning of the land. ❑ A decrease in value of my property due to close proximity to a landfill ❑ Excess noise pollution ❑ Undesirable smell from the landfill ❑ Losing the aesthetic value of our property ❑ Possible ground water contamination into our drinking water and well systems Furthermore I am concerned that the development will take away a recreation location for many of the residents that live off of Marmot drive and Three Sisters Rd. This area is frequently used by many residents as a place to hike, access the beach, kayak, and enjoy the natural beauty of Kodiak close to home. As land access has become scarcer on the Kodiak road system recently, it would be a shame to further cut more access to natural areas. I want to raise my children close to "the woods" and let them grow up and play in these areas. Not a landfill. P.S. After speaking with other neighbors there is some confusion on if the greenbelt proposal is still effective. Everybody received that notice, but the newer notices do not contain the greenbelt. Someone may want to clear that up at the meeting on December 19, 2012. Thank you for considering my concerns on this rezoning To/ Anthony 2032 island Circle Kodiak AK I-e.Bevekti 4+ 13. -0I a Case No. 13 -012 Public Comment Page 20 of 21 Public Hearing Item 7 -D P &Z December 19, 2012 Sheila Smith From: Paul Zimmer <kodiakzimmers @yahoo.com> Sent: Saturday, November 24, 2012 6:49 PM To: Sheila Smith Subject: Case 12 -012 Dear P&Z Commission: We live at 2000 Ridge Circle, and also own the lot at 2003 Ridge Circle. Both properties border Lot 1 U.S. Survey 3945, which is the lot containing the Kodiak Solid Waste Disposal Site. We oppose the rezone of the entire lot to industrial for the following reasons: 1) Adjacent industrial activity could potentially alter the nature of our neighborhood, and has the potential to decrease property values. Most of us who live out here do so because we value the natural beauty. Even though current plans do not call for industrial development adjacent to the residential lots, future borough assemblies may not honor the intentions of the current and past assemblies to declare a "Greenbelt ". It is our understanding that the term "Greenbelt" is descriptive only, and is not a true, legal protection for that land. 2) All of the residents adjacent Lot 1 U.S. Survey 3945 are on fresh water wells. Extending the solid waste disposal site would jeopardize the water quality and health of the residents. 3) The owner of the sawmill lot has been trying for several years to change zoning to allow for more industrial use. Most of our Marmot Drive neighbors have opposed this. (Note that significant industrial activity has occurred on this lot even though it is not zoned for such use.) Changing the adjacent lot to industrial will further encourage the owner to to continue to pursue such a designation for his lot. Instead, we propose that the lot be subdivided. The area incorporating the current landfill and expansion be zoned industrial. The remainder of the lot, including the entire area currently labeled "greenbelt ", as well as the large wetlands, and the beach area on Monashka Bay, be zoned Natural Use, Wildlife Habitat, or another, equally protective designation that would truly protect the area adjacent to the residential district from development. Thanks You j . Ell ll V lS tz Sincerely V J } NOV 2 6 2012 ... Paul Zimmer and Tia Leber 2000 Ridge , Kodi ak AK 99615 9615 COMMUNITYDEVEIOPMEM Kodiak 1 Case No. 13 -012 Public Comment Page 21 of 21 Public Hearing Item 7 -D P &Z December 19, 2012 MEMORANDUM DATE: December 7, 2012 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the December 19, 2012 Regular Meeting CASE: 13 -012 APPLICANT: Kodiak Island Borough Agent: Mike Patterson REQUEST: A rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site, from a combination of PL- Public Use Land and C - Conservation Zoning District to I — Industrial Zoning District. LOCATION: 1203 E. Monashka Bay Rd. ZONING: C - Conservation Zoning District & PL- Public Use Zoning District Thirty nine (39) public hearing notices related to this request were mailed on October 17, 2012. Fourteen (14) responses have been received commenting on this request for a rezone. Date of site visit: Various 1. Zoning History: The 1968 Comprehensive Plan identified this area as Unclassified. Ordinance 77 -15 -0 rezoned the tract to C - Conservation Zoning District. Ordinance 84 -58 -0- rezoned a portion (generally described as the designated greenbelt /buffer zone) of the tract to PL- Public Use Zoning District. 2. Lot Size: 202.51 acres 3. Existing Land Use: Community landfill & associated mechanical facilities. 4. Surrounding Land Use and Zoning: North: Monashka Bay Use: Marine environment Zoning: n/a South: Sawmill Subdivision Lot 1 Use: Warehousing & outdoor storage Zoning: C - Conservation Zoning District South: Unsubdivided portion United States Survey 3945 Use: (City of Kodiak) Zoning: C - Conservation Zoning District Case No. 13 -012 Staff Rpt Page 1 of 7 Public Hearing Item 7 -D P &Z December 19, 2012 East: Island Vista Subdivision & portions of remainders Use: Single Family Residence(s) Zoning: RR -1 Rural Residential Zoning District West: Monashka Bay Tract A of BLM Tract D Use: Institutional, RV Park, & Recreation Zoning: C - Conservation Zoning District 5. Comprehensive Plan: The Kodiak Island Borough 2008 Comprehensive Plan designates the proposed rezone area as a combination of Industrial /Light Industrial, & Open Space /Recreation. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: KIBC 17.10.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. The applicable comprehensive plan is the 2008 Kodiak Island Borough Comprehensive Plan Update. The Plan notes under "Implementation Policiesi Identify an adequate supply of land in each community to meet future needs for homes and businesses, including commercial and industrial uses. Additional study is needed to estimate future employment in specific industries and related needs for land zoned for those types of uses. For example, in assessing the need and most appropriate locations for new industrial land, consider the following factors. II The need to support potential economic growth sectors. The level of need should be based on an assessment of trends in population growth and in specific economic sectors, including a realistic assessment of their potential within the KIB. 8 Proximity to adequate public facilities, including roads, water and air transport facilities, as well as water and wastewater treatment facilities. It Potential conflicts with adjacent land uses, particularly residential uses and sensitive natural resources. e Parcel size, topography and other site characteristics as they relate to the requirements of businesses in anticipated growth industries. Chapter 17.105 — INDUSTRIAL DISTRICT 17.105.005 Description and intent. The I industrial zoning district is established as a district in which the principal use of the land is for business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling, and distributing operations, which may create some nuisance, but which are not properly associated nor compatible with residential land uses. For the industrial zone, in promoting the general purpose of this title, the specific intentions of this chapter are: 1 2008 Comprehensive Plan Update, Chp. 12 page 3. Case No. 13 -012 Staff Rpt Page 2 of 7 Public Hearing Item 7 -D P &Z December 19, 2012 A. To encourage the construction of and the continued use of the land for business and industrial purposes; B. To prohibit all residential uses of the land not associated with industries and any other land use which would substantially interfere with the development, continuation or expansion of industry in the zone; C. To concentrate the industrial and business uses within designated areas to protect residential districts from noxious or noisy operations; and D. To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter. 17.105.010 Permitted uses. The following uses of the land are permitted in the industrial district: A.... N. Junkyards, wrecking, salvage or scrap metal operations; O.... 17.105.020 Conditional uses. The following uses may be permitted by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A.... E. Garbage disposal sites, dumps and sanitary landfills; and F.... 17.105.030 Lot requirements. A. Lot Area. The minimum lot area required is 20,000 square feet. 8. Lot Width. The minimum lot width required is 75 feet. 17.105.040 Yards. A. Front Yards. 1. There shall be a front yard of not less than 30 feet. 2. The front yard, when facing a state highway, shall be not less than 50 feet. B. Side Yards. 1. There shall be a side yard on each side of a principal building of not less than 20 feet, except that approved fire wall installations between adjoining structures provide for construction on the lot line. C. Rear Yards. 1. There shall be a rear yard of not less than 20 feet, except that approved fire wall installations between adjoining structures provide for construction on the lot line. D. Exemptions. Waterfront industries are exempt from the requirements of this section. 17.105.050 Building height limit. The maximum height of a structure is unrestricted, except that no structure shall interfere with Federal Aviation Administration regulations on airport approach; and provided further, that within 50 feet of any residential district boundary, no portion of any structure shall exceed the height limitations of the residential district. 17.105.060 Performance standards. All permitted and conditional uses shall comply with the performance standards listed, where applicable, in this section. Case No. 13 -012 Staff Rpt Page 3 of 7 Public Hearing Item 7 -D P &Z December 19, 2012 A. Noise. The noise emanating from a premises used for industrial activities shall be muffled so as to not become objectionable due to intermittent beat, frequency, or shrillness; and where a use adjoins a residential district, the noise loudness measured at the boundary line shall not exceed 90 decibels. B. Lighting. Any lighting shall not be used in a manner which produces glare on public highways and neighboring property. Arc welding, acetylene torch cutting and similar processes shall be performed so as not to be seen outside the property. C. Fire and Safety Hazards. The storage and handling of inflammable liquids, liquefied petroleum, gases and explosives shall comply with the fire prevention code and all other applicable laws and regulations. Enameling and paint spraying operations shall be permitted when incidental to the principal use and when such operations are contained within a building of two -hour fire - resistive construction. Bulk storage of inflammable liquids below ground shall be permitted if the tank is located no closer to the property line than the greater dimension (diameter, length or height) of the tank. D. Odor. Uses causing the emission of obnoxious odors of any kind and the emission of any toxic or corrosive fumes or gases are prohibited. E. Dust and Smoke. Dust and smoke created by industrial operations shall not be exhausted into the air in such a manner as to create a nuisance. F. Open Storage. Any storage shall not be located closer than 25 feet to any street right -of- way. Any storage shall be enclosed with a fence acceptable to the commission. Whenever lumber, coal or other combustible material is stored, a roadway shall be provided, graded and maintained from the street to the rear of the property to permit free access for fire trucks at any time. G. Screening. Where an industrial use is adjacent to and within 100 feet of a residential use or zone, that industry shall provide screening as approved by the commission. COMMENTS This request for rezone recognizes the changing regulatory environment of municipal landfilling operations. Recognition of environmental impacts, shifting public opinion, and acceptance of the responsibility to properly manage municipal waste streams has prompted the community to move towards compliance with the local zoning ordinance. Although specific details of local waste stream processing remain contentious, there is no debate about the location where the great bulk of processing will take place. The current use was granted an "Exception" to the Borough Zoning Ordinance on April 24, 1968 As such, the use and structure(s) are regulated as a Nonconformity per KIBC 17.140.090. The C - Conservation Zoning District is defined as a residential district per KIBC 17.140.100. KIBC 17.140.020 provides: It is the intent of this chapter to permit these nonconformities to continue until they are eliminated. Nonconforming uses are generally incompatible with conforming uses. Nonconforming nonresidential uses are especially incompatible with permitted uses in residential zoning districts; 2 Appendix page 16 of 25. Case No. 13 -012 Staff Rpt Page 4 of 7 Public Hearing Item 7 -D P &Z December 19, 2012 And KIBC 17.140.050 D provides: Structures (and Uses ed. containing nonconforming nonresidential uses may not be expanded. The expansion of land filling operations and the addition of mandatory facilities in order to safely process byproduct(s) is in jeopardy without a rezone to an appropriate zoning district. In order to evaluate the rezone proposal, staff will rely upon the guidance provided by the applicable comprehensive plan, and the characteristics of the proposed zoning district. The applicable comprehensive plan provides "in assessing the need and most appropriate locations for new industrial land, consider the following factors ". © The need to support potential economic growth sectors. The level of need should be based on an assessment of trends in population growth and in specific economic sectors, including a realistic assessment of their potential within the KIB. Despite the most optimistic projections, the local population trend is flat to declining and there does not appear to be any impetus for a reversal of this trend in the foreseeable future. Stable, or even declining populations, do not necessarily correspond to diminishing volumes of waste. Local efforts to re- direct some wastes by the initiation of voluntary recycling programs have shown potential to significantly increase the useful life of the current landfill. Mandatory recycling programs in other jurisdictions have shown even greater positive impacts and return on investments made by the public for the purpose of responsible management of wastes. However, absent a dramatic shift in political will, it is unlikely that any adjustment to management practices will significant decrease the community's generation of wastes. Growth may not be inevitable, but reliance upon the current location and system of waste management is assured. IN Proximity to adequate public facilities, including roads, water, and air transport facilities, as well as water and wastewater treatment facilities. The subject parcel is located with paved road frontage, yet lacks access to public water and sewer utilities. These essential utilities are supplied onsite by well and septic systems. In this instance, and given the type of business (industry) proposed, the distance from an airport is a desirable characteristic. By locating farther away from airports, conflicts between aircraft and birds are minimized. The subject parcel is located 4.63 air miles from the State Airport, and 1.18 miles from the Municipal Airport a Potential conflicts with adjacent land uses, particularly residential uses, and sensitive natural resources. The subject parcel and use is segregated from abutting parcels (including residential parcels) by the application of land management practices that include dedicated greenbelts and other 3 Appendix page 18 of 25 ° Appendix pages 19 & 20 of 25. Case No. 13 -012 Staff Rpt Page 5 of 7 Public Hearing Item 7 -D P &Z December 19, 2012 buffering techniques The current request does not include the removal and /or abandonment of these controls. Recent development trends in the area: An established residential neighborhood abuts the proposed rezone tract on the east. Five of the 39 parcels selected are listed as vacant according to the most recently available assessment data Building permit activity has been slow to non - existent and this trend is expected to continue into the foreseeable future. Traffic impacts: In light of the existing, long- established use, and past efforts to control unwanted ursine incursions that acted to draw tourists to the area, the potential traffic impacts resulting from a rezone are expected to be insignificant. El Parcel size, topography and other site characteristics as they relate to the requirements of businesses in anticipated growth industries. Land suitability: The parcel subject to this rezone request was, in all probability, originally chosen as the preferred site because of its suitability. Pretty much at the end (then) of the road, dumping could begin immediately without the expense of large start -up costs. Size, topography, and other characteristics are suitable for industrial use: The site totals 202.51 acres. Along the road system, a total of 232.63 acres of and are identified as zoned industrial. One hundred and fourteen (114) parcels ranging in size from .03 acres (1,131 square feet) to 27.99 acres constitute the accessible industrial zoned inventory. Predominately located along a narrow strip of coastal lands no existing, individual parcel is capable of containing the use within the entirety of its boundary. Initially, topography, as mentioned earlier, was probably one of the main attractions for the site's location. Naturally occurring depressions could be immediately utilized. The site's size also means that required improvements (infrastructure) for the continued operation will be able to be located on -site, without the cost of obtaining additional lands. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The request is consistent with the recently adopted Kodiak Island Borough 2008 Comprehensive Plan. The future development, i.e., landfill expansion, of the proposed rezone area will remain consistent with the applicable comprehensive plan. In essence, rezoning the subject parcel to the I — Industrial Zone District will work to implement the Comprehensive Plan. 5 Appendix pages 4 thru 13 of 25. 6 Appendix pages 21 & 22 of 25. ' Appendix pages 23 & 24 of 25. Appendix page 25 of 25. Case No. 13 -012 Staff Rpt Page 6 of 7 Public Hearing Item 7 -D P &Z December 19, 2012 RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site, from a combination of PL- Public Use Land and C - Conservation Zoning District to I — Industrial Zoning District, AND, to adopt those findings in the staff report dated December 7, 2012, as Findings of Fact for Case No. 13 -012. FINDINGS OF FACT Section 17.205.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. Responsible management of a community's waste stream is a necessary function of local government. Providing the means and venues for managing a community's waste stream fulfills the government's responsibility as such. No other consolidated tract of land with the requisite size, accessibility, and zoning is available. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel would be consistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject parcel would work to implement the Comprehensive Plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request. Case No. 13 -012 Staff Rpt Page 7 of 7 Public Hearing Item 7 -D P &Z December 19, 2012 KODIAK ISLAND BOROUGH RESOLUTION NUMBER 69 -38 -R A RESOLUTION OF THE BOROUGH ASSEMBLY OF THE KODIAK I ISLAND BOROUGH PURSUANT TO CHAPTER 5, SUB - CHAPTER 4, SECTION 6 OF THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES AND RESOLUTIONS APPROV+ ING THE STATE OF ALASKA'S FINAL PLAT OF CITY OF KODIAK SANITARY FILa SURVEY WHEREAS, Chapter 5, Sub- Chapter 4, Section 6 of the Kodiak Island Borough Code of Ordinances and Resolutions provides that a final plat shall be approved by the Borough Assembly by resolution and which resolution shall provide for the acceptance of all streets, alleys, easements or other open spaces dedicated to public purposes, and WHEREAS, the State of Alaska, Department of Natural Resources, Division of Lands, has presented for approval its final plat of City of Kodiak Sanitary Fill Site Survey within protracted Sections 19, 20, 29 and 30, T27S, R19W, S.M. Alaska, and there being lo roadways or easements shown thereon, the same comprising a tract of two hundred two point five one (202.51) acres more or less to be used as a Sanitary Fill Site by the City of Kodiak all as shown on a plat of said land prepared by ROY A. ECKLUND, Registered: Land Surveyor, approved by F.S. KEENAN, Director of Lands cn September 24, 1969 and which plat will have access from OT,MrLOI Point Road, it being understood that the area will be fenced off and will have a gate on OEMELOI Point Road and will not be access- ible by the Public and the City having indicated that in the event there is a necessity for electrical utility service on said land, they will provide for the same, and the Planning and Zoning I Commission of the Kodiak Island Borough having approved said final plat an October 8, 1969. NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Assembly grant approval to the final plat presented by the State of Alaska Department of Natural Resources, Division of Lands entitled "City of Kodiak Sanitary Fill Site Survey, Loca- Page One, RESOLUTION NO. 69 -38 -R Case No. 13 -012 Appendix Page 1 of 25 Public Hearing Item 7 -D P &Z December 19, 2012 ted within protracted sections Nineteen (19), twenty (20 twenty- ' nine (29) and thirty (30) T -27 SR -19 N.S.M. Alaska. PAST AND APPROVED this 20th day of November, 1969. KODIAK ISLAND BOROUGH A AJ� 3 Y; /Ir c G C -4 'J t . BY: 00ROU H CdAIRMAN ATTEST OROOOH C d L..PK • Page Two, RESOLUTION NO. 69 -3S -R Case No. 13 -012 Appendix Page 2 of 25 Public Hearing Item 7 -D P &Z December 19, 2012 0 0 0 n I n 2 u 4 o KODIAK ISLAND BOROUGH ORDINANCE NO. 77 -15 -0 • • AN ORDINANCE AMENDING THE KODIAK ISLAND BOROUGH ZONING MAP AND DEFINITIVELY ZONING ALL LANDS WITHIN THE BOROUGH NOT • PREVIOUSLY CLASSIFIED BE IT ORDAINED by the Kodiak Island Borough Assembly that the official zoning map is hereby amended as follows: Section 1. All lands within the corporate jurisdiction of the Kodiak Island Borough which have not previously been classified and depicted on the official zoning map are hereby zoned "Conservation" and all such lands will herein after be so reflected on the official zoning map until further rezoned in accordance with Chapter 17 of the Kodiak Island Borough code of ordinances. PASSED AND APPROVED this /2— day of , (.) 1977 KODIAK ISLAND BOROUGH BY algik : • a Borow empore BY ' , — S. i . 'res • ng 0 icer ATTEST: roc / orough FlAr First Reading, Approval Date: -2, /9 Second Reading, Public Hearing, Approval Date: 66, 7 / 9 77 Effective Date: ��C 7, /777 v ' c Case No. 13 -012 Appendix Page 3 of 25 Public Hearing Item 7 -D P &Z December 19, 2012 1 '1 1 1 ^, 3 5 .i KODIAK ISLAND BOROUGH ORDINANCE NO. 84- 58 -0(A) AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING A PORTION OF ADL 44355 AND A PORTION OF TRACT "B" OF BLM TRACT D FROM CONSERVATION TO PUBLIC USE LANDS. WHEREAS, ADL 44355 has been used for many yearn as the sanitary landfill site for the Kodiak road system; and i WHEREAS. this site is being studied In order to identify necessary improvement. to Increase the longevity and the environmental quality of the ■• landfill; and •J WHEREAS, this alto has potential for use as a dry metal dump when j the lease for the existing site located in the City of Kodiak expires; and WHEREAS, since this large tract of land is adjacent to rural residential property there 1• a need for a buffer between the sanitary landfill and this residential land use; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has investigated rezoning this tract of land and had no objections to this portion being rezoned to Public Use Lands. NOW, THEREFORE. BE IT ORDAINED: Section 1: That a portion of ADL 44355 and that portion of Tract "B" of BLM i Tract D north of Monashka Bay Road is tezoned from Conservation to: Public Lands for that portion of the area starting at the southeast I corner of the "sawmill lease tract," running along the easterly boundary of the "sawmill lease tract," and continuing on the same bearing to a iJ point 271 feet from the northwesterly boundary of U.S. Survey 1678, and jI then paralleling the westerly boundary of U.S. Survey 1678 to a point which lies 271 feet 589'57'27 "W of the corner coon to Lot 4, Block 2. and Lot 4, Block 3, Island Vista Subdivision, U.S. Survey 1678, and then running southwest generally paralleling the coastline to an intersection with the westerly boundary of ADL 36049 (VFW site). Section 2: That the official zoning map shall be updated to reflect this rezoning. it i Case No. 13 -012 Appendix Page 4 of 25 Public Hearing Item 7 -D P &Z December 19, 2012 1,f , I 1 1 5 ; '•. ad Section 3: That this Ordinance shall be in full force and effect upon passage and adoption. DeCemb 1984. PASSED ADD APPROVED this btn day of �-_ — I KODIAK ISLAND BOROUGH BY Iii/ tit Poi , ,. I • ATTEST: BY aw Bor h ere .- FIRST READING DATE: October 4, 1984 u' for re on id - r. f n I SECOND READING, PUBLIC NEARING DATE December 6 19 4 'I EFFECTIVE DATE: De em er ' PREPARED BY: Co®Commit c Dovelo enc De artmeht REQUESTED BY: Auambl m 4"ii Murre J i I !L \ I I it I 1 ii I I 4 . I i Case No. 13 -012 Appendix Page 5 of 25 Public Hearing Item 7'D P8Z December l9,2Ul2 ijaat1/46,4„, _kr A t, ..,,,.,.,,..„........„... ,,,,,,.,„___ :.,..„,...„......,, i v ...,... ...,...,,, - At, clic ' tS : 4 4' . j'A.V \ \ i 0 a ..., 05.4; 41,.. s t n. Case No.13'OlZ Appendix Page 6of25 Public Hearing Item 7 -D P &Z December 19, 2012 KODIAK ISLAND BOROUGH ORDINANCE N0. 87 -15-0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY RESERVING CERTAIN BOROUGH LANDS AS A VEGETATIVE SCREEN. WHEREAS, the Monashka Bay Road Service shares a common boundary . ! with the Sanitary Landfill Site; and WHEREAS, the Monashka Bay Road Service District adopted Resolution 86 -14 -R requesting the Kodiak Island Borough restrict activities along the 200 foot common boundary of the service district and ADL 44355 as well as within a 200 -foot buffer surrounding a former beaver pond, and WHEREAS, this reservation will serve as a visual and sound barrier separating activities at the landfill site from residences in the road service district; .,I NOW THEREFORE, BE IT ORDAINED, by the Kodiak Island Borough Assembly that: SECTION 1. This ordinance is not of a general nature and should not become a part of the code of ordinances. SECTION 2. Agree Melt be reserved along the common boundary of the Monashka Bay Road Service District and AOL 44355 described as follows: (1) Beginning at the most westerly corner of Lot 1, Sawmill Subdivision, Plat No. 84 -46: Thence, 585.21'00 "W, 739.00 feet; Thence, H34 °39'00 "W, 411.00 feet, Thence, N26 "E, 739.00 fall, Thence, N63•32'46 "8, 1486.67 feat, Thence, N00•02'33"W, 2197.13 feet, more or less, to the Mean High Water Line along Monashka Bay; Thence, northeasterly along said Mean High Water Line to the con boundary between U.S. Survey 1678 and the City of Kodlek Sanitary Fill Site Survey, 3093.17 feet, more or less, to the southwesterly corner of U.S. Survey 1678, common with the most northerly corner of Lot 2, Sawmill Subdivision; Thence, 529•45'32'w, 256.77 feet along the northerly boundary of Lot 2 of said subdivision; Thence, 543•25'09 1328.77 feet along the northerly boundary of Lot 1 of said subdivision, to the Point of Beginning; and Case No. 13 -012 Appendix Page 7 of 25 • Public Hearing Item 7 -D P &Z December 19, 2012 (2) Lot 2, Sawmill Subdivision Containing 69.78 acres, more•or less. SECTION 1. This reservation prohibits the cutting and removal of all trees and vegetation and limits activities with the exception of activities necessary for health purposes such as a settling pond for leechate for the landfill; with the concurance of the Monashka Bay Road Service District. SECTION 4. Perk development may occur on Lot 2, Sawmill Subdivision • with the concurrence of the Monashka Bay Road Service District. PASSED AND APPROVED THIS 7 day of July ,1987 by the Kodiak Island Borough Assembly. KODIAK ISLAND BOROUGH 2) By _ ugh Mayor ^ i By '''/J_' c 9 lt • P /ding Officer A : ii Boroug �dlerk l First Reading, Approval Date: May 7, 1987 . Second Reading, Public Hearing, Approval Date: June 4, 1987 Adoption Date, July 7, 1987 1 Reco®ended By: 11 !I Ordinance No. 97 -15-0 Page 2 Case No. 13 -012 Appendix Page 8 of 25 • Public Hearing Item 7 -D P &Z December 19, 2012 Qt't.A � / r ,, 3 t:..,, .t f • L ".�^`f l ! E'4 � A t d v ▪ . N -7" +i. J :�'�' ,T J � i �, ' }� a „� . 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J. t sLa{ Q , m F • M r ' +S • t 'tic?' � n•J• Z / � Si r` y GS' ^ L''' \ l iN skil . � �, r�,.i * - t �qS hyG . .i � �y' s�e'iJ r� r / �` . >� a Jk . ; ` y > R r a f,. nSS 5 r Ordinance 87 -15 -0 t� ,. r3 a _ it V�,,.�{{, L 'T s' < rti i. ,i...,..84...,-.. • ,.r y^•'h w --t-.- ' . r ``P i., • eN• > n t �S C {4 Y .. Y { p 1� Landfill Property Boundary • + m t,. ` 4 `+' 4 , y �t1;:�r rtea s � �> �'RaF� 1. . ,'���� 4 1-3,. , ... t ° ° t ~t -- _ # �: , ri i „ .. : n-iS..,6�ai'4•4 ' ` ;4 . / t . ya _ � � '7 r R 7 + y - • 0 1L ago s s oso s ,t •' t a* t w o „a.: . }�.z ..„:4:, , G a ".. . �'�' r - , I .y . i ' r "W ;t . • .:� ....._._ _. Feet o "t '' i� °.. � '�p61�" , :: „ 4,..„1. „ : „ :": „: ",...1 .... ..„,,, . t ,,Y.�i` -< 'C . � - h i t l� r..:.:. c I C A �_..�.._ .__.__..... c > > ,Rw., � s,, >s � '+.. .. r c� .. 0 03:17..77.=•-7. _ u' �h Li '` T Fj2w -.ur.. .... Yt. !�, ..,_..... Case No. 13 -012 Appendix Page 9 of 25 Public Hearing Item 7 -D P &Z December 19, 2012 Introduced by: Mayor Selby Requested by: Engineering/ Facilities Department Drafted by: Environmental Engineer Introduced: 04/07/98 Public Hearing; 04/16/98 Adopted: 04/16/98 KODIAK ISLAND BOROUGH ORDINANCE NO. 98 -06 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REPEALING ORDINANCE NO. 87 -15 -0 RESERVING CERTAIN BOROUGH LANDS AS A VEGETATIVE SCREEN TO RESERVE AN AMENDED GREENBELT COMMON BOUNDARY OF THE MONASHKA BAY ROAD SERVICE AREA AND BALER /LANDFILL WHEREAS, the Monashka Bay Road Service Area shares a common boundary with the Kodiak Island Borough baler /landfill site; and WHEREAS, the Monashka Bay Road Service Area requested the Kodiak Island Borough restrict activities along the two hundred foot (200') common boundary of the • service area and ADL 44355, as well as within a two hundred foot (200') buffer surrounding a former beaver pond; and WHEREAS, the Kodiak Island Borough assembly adopted Ordinance No. 87 -15 -0 reserving certain Borough lands as a vegetative screen and greenbelt; and WHEREAS, the Monashka Bay Road Service Area board approved a request of the Borough to change the greenbelt to accommodate landfill expansion; and WHEREAS, this reservation will serve as a visual and sound barrier separating activities at the landfill site from residences in the road service area; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough code of Ordinances. Section 2: Ordinance No. 87 -15 -0 is hereby repealed to be reenacted by this ordinance to reserve a greenbelt along the common boundary of the Monashka Bay Road Service Area and ADL 44355 described as follows: Beginning at the most westerly corner of Lot 1, Sawmill Subdivision, Plat No. 84 -46; Kodiak Island Borough, Alaska Ordnance No. 96 -06 Page 1 of 2 Case No. 13 -012 Appendix Page 10 of 25 Public Hearing Item 7 -D P &Z December 19, 2012 (1) thence, N37 °16'44 "W, 264.04 feet; (2) thence, S55 °00'11 "W, 491.62 feet; (3) thence, S85 °21'00 "W, 171.78 feet; (4) thence, N34 39'00 "W, 411.00 feet; (5) thence, N25 '00"E, 739.00 feet; (6) thence, N63 32'46 "E, 1486.67 feet; (7) thence, N27 °42'18 "W, 1,163 feet, more or less, to the Mean High Water Line along Monashka Bay; (8) thence, northeasterly, approximately 2, 100 feet, more or less, along said Mean High Water Line to the common boundary between U.S. Survey 1678 and the city of Kodiak Sanitary Fill Site Survey; (9) thence, along the common boundary between U.S. Survey 1678 and the city of Kodiak Sanitary Fill Site Survey S00 '33"E, 3093.17 feet, more or less, to the southwesterly corner of U.S. Survey 1678, common with the most northerly corner of Lot 2, Sawmill Subdivision; (10) thence, S29 °45'32 "W, 256.77 feet along the northerly boundary of Lot 2 of said subdivision; (11) thence, S43 25'09 "W, 1328.77 feet along the northerly boundary of Lot 1 of said subdivision, to the Point of Beginning. Containing 80.28 acres, more or less. Section 3: This reservation prohibits the cutting and removal of all trees and vegetation and limits activities with the excention of the activities necessary for health purposes, such as a settling pond for leachate for the landfill, with the concurrence of the Monashka Bay Road Service Area board. Section 4: Park development may occur on Lot 2, Sawmill Subdivision with the concurrence of the Monashka Bay Road Service Area board. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF APRIL, 1998 KODIAK ISLAND BOROUGH • 1. Jent,e M. S :o • _. • . • Gary l . ens, Presiding Officer ATTEST: p f lJD7l -nsc yv ;e4 onna F. Smith, CMC /AAE, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. 98 -08 Page 2 of 2 Case No. 13 -012 Appendix Page 11 of 25 Public Hearing Item 7 -D P &Z December 19, 2012 Ir // -- Ce 4 ItAsitic 0 42' , it fr ® i o - \ 'Ills o 0 • N 'I p I / • ._________,-) t. Ilr„, . -f 4 ile' p.. \s • l N nO 4t. \,� 1 " o $ 4 s ' 8 a° / s e � Loo' v Z.. we i 1 ' DOLLAR ISLAND BOROUGH Case No. 13 -012 Appendix Page 12 of 25 Public Hearing Item 7 -D P &Z December 19, 2012 �„� r 'rS�' �" , V • . Y t w , a c� . ... . , • b;;;;'11 � / Lr•t y - ' Y U '! ♦ 1• t 1C N 7 f : .. J y r J � . • .:aY ,, � 4 ,. rr a �.. ... ', Y m. T• n. ".Y .y „A; f �'] r��y�, . * : ` ��i.. • - g' a r ' a � {�{���� L S :, ..:1 1. . 'x. F• r . J ! I ; �. s+YbS °.. } � l 'C t4 - ^ Y' J'!" �r "F � .. ^' .- : w, J � Y +' y try v ,yy .c1�.•„•• 7,f . .. $i c 4 . ( +w ` t• f �` ry 1 . N 3 `� • Z ?%. ae' `7-p y ..t � 1 zi sire - 4 cl a �' " + , .:� h � 0 � � .4 � , ) U ,5(�,t . ;,2' � r' .i. • ";.:' " ..„.1.,,14:4'..". f , ' n . . .G , ( r al ra '�1 • z+'•'e•- ♦ `'' . .� �.b ' � `� ',.:.:7"•:.- 1. r Jw .t ' .r �'ri'' ! r $4 � > ! �r � 9 r} R R° ir,. : " •:1. • r - si } p:.:. a .y mo , " o s (fie v �: ~ a r ri s 1t j - ? ., +r 7 ,, r { t t1-1 .� : { • 1 Y ; j •,'t "'^@. 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' y 4�c r 4" : 1� . .TT4ta .r1, x a+ �•♦ 'r- 'i ' M... 4 JW 'S. .N ' :4, "� • `Y �, d l ai' j t t 4 � 0 235 470 940 1 410 1,880 ' +�i. r -' et'y + J ' { ♦ < ' '� f .r.: ..--%."..,. � 'If� -- - _ - Feet . a . - s: !�ra'�z• ^• t � , k r f.a' ryy'a ` '. Y 3 . ..._ -___. ... � "S°C" ∎ - . ::tr n. 3 . '" n "'� .. .t •.J<.r ..ct '^ar. N R - l .v9w7 ( a L -- _ Case No. 13 -012 Appendix Page 13 of 25 Public Hearing Item 7 -D P &Z December 19, 2012 • $JD'IAK ISLAND :OICWWH ASSEMBLY MEETING - June 5, „, - • Vt piTaaC l]ErIPINS A. 2nd Reading & Public Hearing - Ordinance 68 -10 -0 re: loam, to School Board Account of $38, 093.00. The Borough chairman read Ordinance 6e -10 -0. Mrs. Springhill made a notion to adopt the Ctdineoce as read at the and reading, seconded by Mr. Arndt. Meeting was recessed and opened for Public Hearing. There were no crments. The meeting was then reconvened. Motion carried unanimously by roll call vote. VII PLANNING & ZCNING NCXE VIII 010 BLEINFSS • • A. bacceoticn for Ssnitart Fill Site at N.o:+sshka Bay (Case 199 -10. After a review for exception for the Sanitary rill Site and ircnashka Bay it was moved by Mrs. Springhill that the Borough approve the action of the P & Z granting the exception of the Sanitary Fill Site at vnnashka Day (Case 199 --A), seconded by Er. Barr. Notion carried unani- mously by voice vote. After further discussion, the motion was again confirmed and approved. B. Property conveyance to Port Lions - Res. 68 -15 -R. There was no discussion. Mr. Barr Moved to adopt Res. 6B -15 -R and seconded by Mr. Arndt. Motion carried • unanilroosly by voice vote. C. Kodiak Land Ccgmary request for charge in Plant Si :-_ 7anse. It was requested by MSa. Pulp that since the necessary papers were not available, the item be reroved fran the agenda and tabled. D. Rzans'.i3eration of Water Resources. Since the City Council did not see fit to contribute to the IFS Water Resources, it was brought tp tje Assembly for reconsider- ation for their action. It was stated by Mrs. Springhill that the City had already spent a lot of Honey cm water resources in the past and they felt that it was not a wise ex- penditure at this time. It was also noted to the Assembly that the City felt that the• water was needed now and not in five years, and that they would not want to spend the coney on shuch a long range plan. It was stated by Mr. Madsen that the City Council felt the proposed rives such as Buskin River, Russian River, and Sargent Creek could not - benefit the city became of being too far away from the city itself. Mr. Barr said that to the best of his knowledge no dtudy of water resources had ever been made by the city: It was roved by Mr. Barr and seconded by Mrs. Springhill that the Chairman write the LEGS ':v ,. _ - .. 'Through assembly was not able to convice the city that a 1png range plan s ady is necessary, and inaeauch as the stnay would be primarily beneficial to then there shall be no f3. actio,i on the part of CECS that might involve expense' to the Borough. Mr. Barr stated that the minutes should reflect that the city action is very ill advised and that he feels we need this study and need to know where water is nvvflnh1e- •inhion carried by roll call vote. Yes No • Jo Pajdu Don Arndt Jim Barr Mrs. Springhill IR NL•W BUSITI'S A. SPlruel and Oliver Seltog re: additional extension of t: Miller Point Blk 7 Lot 1 1st addition - SO Lot 5 1st addition. Er. Best rea the tier fran Mr. Samuel and Oliver Selvog requestin g an additional extension of payment- on Blk 7 Lot 1 ;st add- ition - Blk 10 Lot 6 1st addition. It was a=ped by Mr. Barr and seconded by has. Spring- hill that the Borough Assembly grat the 60 day additional extension for payment of Samuel and Oliver Selvog. Motion carried unanimously by voice vote. • B. Recuest for extension of payment for Kenneth Forster re: thller Point Lot 6 BIk 5 1st addition. A letter was read by the Boroug i ivan reg the request for an extension of payment from Mr- Forster. Mrs. Springhill node a motion to grant a six, months extension of payment - dth the stipulation that only one lot be involved. It wasi seconded by hr. Barr. Motion carried unanimously by voice vote. • C. Future Site for Chiniak School. A map of the pros posed site was shown to the Assembly m th rs. It was stated that the Borough designate this area as the future site of the Chiniak School. It. Madsen said a resolution changing the zoning map would have to be drawl up. Mrs. Springhill made emotion to authorize the preparation of having a Resolution drawn up changing the zoning map to designate this particular site. It was seconded by MM-. Barr. Motion carried by voice vote unaninously. • Case No. 13 -012 Appendix Page 14 of 25 • Public Hearing Item 7 -D P &Z December 19, 2012 DECISION OF THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION April 25, 1968 RE: EXCEPTION FOR SANITARY FILL SITE AT MONASHKA BAY - ASSEMBLY INITIATIVE (CASE 199 -A) At their meeting on April 24, 1968, the Planning and Zoning Commission voted unanimously to grant this exception for the following reasons: 1. The use of this land as a sanitary fill site, when used under the restrictions of the contract with the contractor,Imonitored by the Sanitarian, and supervised by the attendant at the site, will not endanger the public health, safety or general welfare, or be inconsistent with the general purposes and intent of Chapter 5, Sub - Chapter 2 of the Borough Code. 2. Garbage removal is essential to the health and welfare of the community, and after investigation this site was found to be the most suitable. This exception was granted under Chapter 5, Sub - Chapter 2, Section 11, Sub - Section 8 of the Borough Code, which provides for federal, state or local government enterprises. ddl Jo n Waller, Chairman C Panning & Zoning Commission Kodiak Island Borough Case No. 13 -012 Appendix Page 15 of 25 Public Hearing Item 7 -D P &Z December 19, 2012 DECISION RE: REQUEST FOR EXCEPTION FOR SANITARY FILL SITE AT M N SHKA BAY, BY BOROUGH ASSEMBLY (CASE 199 -A) At their neeting held on April 24, 1968, the Kodiak Island Borough Planning and Zoning Crnmission voted unanimously to grant the subject exception with certain conditions. Following are the reasons for granting the exception: 1. The use of this property, as a sanitary fill site will not endanger public health, safety,. or general welfare, or be detrimental to other properties or uses in the vicinity if the conditions listed below are met. 2. This use of the property will not be inconsistent with the general purposes and intent of the Zoning Ordinance. 3. The use of this property as a sanitary fill site is necessary as no other suitable site was found. Following are the conditions upon which this exception was granted: 1. The requirements of the contract with the disposal company must be met. 2. The fill site should be monitored by the Sanitarian, who shall exercise control over the maintenance of the site so that any problems can be corrected before they get out of hand. 3. The fill :.. should be compacted every other day. 4. A rat control program should be maintained. 5. Paper should be prevented from blowing on the adjacent property. 6. No burning should be permitted. q4 (.i % /Z4— oo Waller, Chairman Planning & Zoning Cannission Kodiak Island Borough Case No. 13 -012 Appendix Page 16 of 25 Public Hearing Item 7 -D P &Z December 19, 2012 PLANNING AND =OW Ma ;ION _ __,, ce4;:4 4 ' JOIIdP tE - nTING NI74f PSi`..iv;Y AND EOONCLffC DEVI]gPI•ITH' AND PIANNSM NFfiIIiT6E s • April 29, 1968 " � I cAla .o oRD RDm 11 The meeting was called to order at 7:45 p.m. in the Magistrate's Courtroom, Donnelley Building, Kodiak, Alaska, .by Chairman Faller. II BOLL CALL Present Absent John Waller, Chairman None Erne Brothers Ed Haney firs. axlith Inngmire Harry Wallace John Welch Aiso present: Sam Best, Borough Chairman; Doug Preston, Cleric/Treasurer; Assemblymen Jo aajdu, Don Arndt, Jim Barr and Betty Springhill; Dee anic Development and Planing Canmitteamen Did: Berg, bob Brooks, Frank Peterson, Ivor Schott, anl. Doris Simon; and Alternate iini1 Norton; Mayor Pete Deveau; Hospital Board Members Bob Cnilds, Dr. Bob Johnson, and David tlodlinger; Jim Stansbury, Building Inspector; Howard Keiser, Sanitarian; and appxoximatgly 50 people in the audience. III tIINUPES OF PREVIOUS MISTING - April 10, 1968 Mr. Harney roved, seconded by iir. Brothers, that the minutes be accepted as written. Dation carried by unanimous voice vote. IV OMER ID:MI • A. Assembly - 4/18/68 B. Ordinance Committee - 4/23/68 There were no mnrents. V OLD BUSINESS A. Decision on ' .test for Ex.-. 'on for Sarni . Fill Site at ,ionashka Ea . Fir. 4- . suggested .mat a fence •- constructed to protect iir. Erwin s property from the site. However, Mr. Best felt that the terrain and Cost would prohibit construction of such a fence. l r. Keiser, the Sanitarian, said that he Wald monitor the fill site. It would be angacted every other day. He has discuss the site with air. Cessna, the contractor, and under the terms cf tha•pr =sent contract: he would he able to exercise considerable control over the area. Any discrepancies could be corrected before they got out of hand. An attendant will be present to supervise the operation and to collect fees fran private individuals who bring their van garbage to the dump. These stipulations are already in the contract. After further discussion, the motion made at the previous meeting to grant the exception carried by unanimous roll call vote. The contract will be subuitted to the Assembly for their approval. VI CCRRFSPOND NCE - PEOPLE 70 HE HEARD A. Messrs. Gagnon, Hart, ktore and Morris of FHA re Zoning and cm-division Regulations. M:. Gagnon stated that the most important aspect of the regulations is to provide the best possible use of the land while staying within the bounds of good planning and the ea:Tiede ability of the people involved. The people will accept certain ideas and not others and there is no point in planning something that the people will not accept. Concerning lot sizes, he stated that 50 foot lots might be more practical than 70 fcot lots, since with the latter an individual may be paying for 20 feet that he doesn't really need. It may be wise- to plan for smaller lots, both econanically and because there is not that much land to develop. It has been estimated that Kodiak will grow to a population of 10,000 by 1975, and that this will probably be the ultimate peak for many years. He feels that it is wiser to plan only that far ahead row, rather than as late as 2000. • tM. Hart, FHA planner, stated that FHA is very interested in the mnpletion of Kodiak's cagxrehensive plan, since a zoning plan based on this overall plan will give then a better gamble on the insurability of a hane. The insurance is really on a neighbachoocl. as .well. as the individual hone. It is zoning that protects individuals from being encroached on by other uses which would cause Li Case No. 13 -012 Appendix Page 17 of 25 Public Hearing Item 7 -D KODIAK ISLAND BOROUGH P &Z December 19, 2012 POPULATION FIGURES (Numbers preceeded with indicate an entry adjusted by compiler 7/21/05) Alaska Population Estimate 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 Akhiok 82 71 • Aleneva • 48 - 37 Chiniak 44 47 Karluk c 37 37 Kodiak 6,312 6,130 USCG Base 1,335 . 1,301 Larsen Bay 89 87 Old Harbor • .. 208_. 218 Ouzinkie 178 161 Port Lions . 204 . • 194 Women Bay 730 719 Remainder of,Borough - - - - 4,603 .. 4,590 TOTAL 13,870 13,592 • Alaska Population Estimate 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 Akhiok 51 48 36 41 42 57 51 49 57 80 Aleneva 67 57 61 ' 46 46 44 59 96 88 _ 68 Chiniak 48 44 44 41 52 50 49 56 53 50 Karluk 38 38 40 34 35 32- 28 , 27 29' 27 Kodiak 6,626 6,541 5,796 5,670 6,139 6,210 6,109 6,100 6,173 6,334 USCG Base 1,321 . 1,235 1,974 1,887 . 1,977 1,764 2;189 1,939 1,758 1,840 Larsen Bay 79 68 89 83 97 96 95 107 113 115 OId'Harbor 193 .185 201 179 200 198 - 211 226 236 237 Ouzinkie 170 168 166 172 189 187 172 189 204 225 Part Lions 200 191 - 193 196 220 240 . 233 227 246• 256 Womens Bay 740 792 747 759 704 689 681 684 683 690 Remainder of Borough 4,327 4,587 4,317. 4,349 3,992 4,006 .3,940 3,943. 4,025 3;991 TOTAL 13,860 13,954 13,664 13,457 13,693 13,573 13,817 13,643 13,565 13,913 Alaska Population Estimate 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 Akhiok 101 109 101 84 80 86 78 77 77 93 Aleneva 0 0- 0 0 0 0 . 0 0 0 0 Chiniak 75 75 71 75 83 . 143 75 150 150 0 Karluk 41 48 48 57 58 65 74 71 71 82 Kodiak 6,893 6,859 6,749 6,869 7,620 7,428 7,581 7,229 7,229 6,787 USCG Base 1,831 1,703 1,746 1,871 2,049 2,066 2,016 2,129 2,129 `2,129 Larsen Bay 137 127 120 127 130 153 144 147 147 149 OIdHarbor 276 297 301 316 310 311 307 284 284 322 Ouzinkie 256 252 246 259 259 221 210 209 209 216 Port Lions- 243 242 239 264 263 264 259 222 222 300 Womens Bay 675 674 662 672 749 746 674 843 843 0 Remainder ofeorough 3,461 3,462 3,898 3,464 3,799• 4,092 3,827 4,174 4,174 '5,601 TOTAL 13,989 13,848 14,181 14,058 15,400 15,575 15,245 15,535 15,535 15,679 \ \Dove \departments \CD \U CD -19 Econ Data \Census \Local Population \2011 Census Data.xlsx 1 of Case No. 1ajPj7Jp)x Page 18 of 25 Public Hearing Item 7 -D 4V. l'....1:4 J P &Z December 19, 2012 e t ' '�g"'r� ' . , , -7451: �y 9 t� w w4 `. ^+ y - . � 4/t,1 t } f ° r .. t� 'k � u t( III' qK �y --i' ' � e ' �I yx �., h � tt.'.� e �� $ { 1 e i� �'�� <' ` 5`� a x .F. 1 ) V£ y ' e`1 {r a H � � ,� 3{ a te , if � � �"� ��� � , < , Y e t � 1 S f , " , " t .,- - + .. ;ii, . -i a ; Ty k: x d i Cr, j ytf di� � e a'a j ^ j . 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', Case No. 13 - 012 A ppendix Page 20 of 25 6 Public Hearing Item 7 -D P &Z December 19, 2012 Request:Q Rezone, accordingm wog 0.205.0301 Residential Impact RD r ezone MVIM .1�ief premainderCO pagcgfeoe 13_012 na, 44355, comprising f ig Kodiak Island Borough attl Kodiak Island Borough Waste Disposal af Ocombination Public l. a ✓: OI C- Conservation Zoning !Istria 001- Industrial Zoning District I /R s �, 1 r ®`—� i i ; b...4010 tad sir 0 ®o a Legend r..4 4 , Landfill Tract ./ s� Residential dfill Impact tiffsl Pp y Kodiak Island Borough GIS System d..'. 0 350 700 1,400 2,100 2,800 ' Feet This map was prepared from Be Kodiak Island Borough's GS System. It is pros ded for the purpose of showing the general location of a property within the Kodiak Island Borough. This rtwp does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Deparenent at (90]) 486-9333. Case No. 13 -012 Appendix Page 21 of 25 Public Hearing Item 7 -D P &Z December 19, 2012 Residential Impact Zone_Type Use Legal_Desc 1 RR1 MHR ISLAND VISTA BK 1 LT 6 2 RR1 SFR USS 1678 TR C LT C -8 3 RR1 SFR USS 1678 TR C LT C -6 4 RR1 SFR USS 1678 TR C LT C -7 5 RR1 SFR USS 1678 TR C LT C -5 6 RR1 SFR USS 1678 TR B LT 7 7 RR1 SFR USS 1678 TR C LT C -4 8 RR1 SFR USS 1678 TR B LT 9 9 RR1 SFR USS 1678 TR B LT 6 10 RR1 SFR USS 1678 TR B LT 1 11 RR1 SFR USS 1678 TR B LT 5 12 RR1 SFR USS 1678 TR B LT 2 13 RR1 SFR USS 1678 TR B LT 3 14 RR1 SFR EAGLE RIDGE LT 1 15 RR1 SFR USS 1678 TR B LT 4 16 RR1 SFR ISLAND VISTA BK 3 LT 1 17 RR1 SFR ISLAND VISTA BK 3 LT 2 18 RR1 SFR ISLAND VISTA BK 3 LT 3 19 RR1 SFR ISLAND VISTA BK 3 LT 6 20 RR1 SFR ISLAND VISTA BK 3 LT 4 21 RR1 SFR ISLAND VISTA BK 2 LT 1 22 RR1 SFR ISLAND VISTA BK 2 LT 2 23 RR1 SFR ISLAND VISTA BK 2 LT 3 24 RR1 SFR ISLAND VISTA BK 2 LT 4 25 RR1 SFR ISLAND VISTA BK 2 LT 10 26 RR1 SFR ISLAND VISTA BK 2 LT 5 27 RR1 SFR ISLAND VISTA BK 2 LT 8 28 RR1 SFR ISLAND VISTA BK 2 LT 7 29 RR1 SFR ISLAND VISTA BK 1 LT 1 30 RR1 SFR ISLAND VISTA BK 1 LT 2A 31 RR1 SFR ISLAND VISTA BK 1 LT 5A 32 RR1 SFR ISLAND VISTA BK 1 LT 4A 33 RR1 SMA ISLAND VISTA BK 2 LT 9 34 RR1 SMA ISLAND VISTA BK 2 LT 6 35 RR1 VAC USS 1678 TR B LT 8 36 RR1 VAC EAGLE RIDGE LT 3 37 RR1 VAC EAGLE RIDGE LT 2 38 RR1 VAC ISLAND VISTA BK 3 LT 5 39 RR1 VAC ISLAND VISTA BK 1 LT 3A *5 / 39 = 13% Undeveloped Case No. 13 -012 Appendix Page 22 of 25 Public Hearing Item 7 -D P &Z December 19, 2012 Properties on the Road System Zoned Industrial Area Acreage Zone_Type Use Legal_Desc 1131.26570667000 0.03 IND VAC KODIAK TWNST BK 2 LT 20 1858.28252536000 0.04 IND VAC KODIAKTWNST BK 2 LT 6 2053.61606385000 0.05 IND VAC KODIAK TWNST BK 1 LT 16 2055.44687454000 0.05 IND VAC KODIAK TWNST BK 2 LT 5 2492.54508175000 0.06 IND IND KODIAK TWNST BK 2 PTN LT 13 3662.74090135000 0.08 IND VAC KODIAK TWNST BK 1 LT 15 3738.51433191000 0.09 IND VAC KODIAK TWNST BK 2 LT 3A 3812.71704863000 0.09 IND PARKING KODIAK TWNST BK 2 LT 8 3833.67276678000 0.09 IND VAC KODIAK TWNST BK 2 LT 3 4279.68307908000 0.10 IND WFB KODIAK TWNST BK 2 LT 12 4493.27148046000 0.10 IND IND KODIAK TWNST BK 1 LT 13A 4579.91863143000 0.11 IND WFB PORTION OF U55 1086 TL 4816.46708674000 0.11 IND VAC KODIAK TWNST BK 1 LT 13D 5286.39146325000 0.12 IND VAC NEW KODIAK BK 18 LT 5 5425.06418608000 0.12 IND PARKING KODIAK TWNST BK 2 LT 10 5600.88823357000 0.13 IND VAC KODIAK TWNST BK 2 LT 4 5671.71906973000 0.13 IND VAC KODIAK TWNST BK 2 LT 19 6671.33374585000 0.15 IND VAC ATS 49 TR N -320 -1 7040.73902979000 0.16 IND WFB ATS 49 TR 2 7375.76143771000 0.17 IND VAC TIDELAND TRACT N -17A 7743.20814880000 0.18 IND VAC NEW KODIAK BK 18 LT 1 7913.89993789000 0.18 IND PARKING USS 1995 BK 2 LT 11 8442.62274736000 0.19 IND VAC KODIAK TWNST BK 2 LT 2 9499.99128553000 0.22 IND WFB ATS 49 TR 6 9659.61483952000 0.22 IND VAC KODIAK TWNST BK 2 LT 21 10153.61232440000 0.23 IND VAC KODIAK TWNST BK 2 LT 7 10817.19602050000 0.25 IND VAC KODIAK TWNST BK 1 LT 14 11443.01654050000 0.26 IND VAC KODIAK TWNST BK 2 LT 20 11509.24160440000 0.26 IND VAC ATS 49 12192.31958570000 0.28 IND CHR USS 444 TR ALT A MISSION RD 12596.83692700000 0.29 IND WFB NEW KODIAK BK 18 LT 2 13017.83378320000 0.30 IND VAC NEW KODIAK BK 18 LT 3 13574.30327700000 0.31 IND BUS KODIAK TWNST OK 2 LT 9 13672.46815400000 0.31 IND MFR PORTION OF USS 1086 TL C 17713.99897590000 0.41 IND WFB ATS 49 TR 5 17720.30757690000 0.41 IND BR USS 444 TR ALT B MISSION RD 18023.08402180000 0.41 IND WFB USS 1086 PARCEL S 18769.26451320000 0.43 IND ACC LAKESIDE 2ND LT 1D 19367.44723300000 0.44 IND 1ST KODIAK TWNST BK 2 LT 1 21273.92209070000 0.49 IND WFB A PORTION OF ATS 49 NOTED AS TR N -17 21548.24483790000 0.49 IND WFB USS 1534 TR A SHELIKOF ST 24293.03024470000 0.56 IND VAC LAKESIDE 2ND LT 1C 24810.59843550000 0.57 IND VAC ATS 49 TR 9 25058.23530070000 0.58 IND VAC INDUSTRIAL PARK LT 8 25144.36646830000 0.58 IND WFB USS 444 TR ALT D & A PRTN USS 559 25969.98715240000 0.60 IND WFB PORTION OF Alt 49 DESCRIBED AS TR N -28 27690.71748810000 0.64 IND WRH LAKESIDE 2ND LT 1B -2 27926.13224430000 0.64 IND WFB ATS 49 TR N -25A 28114.68800840000 0.65 IND WRH LAKESIDE 2ND LT 1B -3 28831.45890490000 0.66 IND VAC LAKESIDE BK 3 LT 1 30160.53324320000 0.69 IND WFB PORTION OF ATS 49 NOTED AS TR N -26 30762.87483169990 0.71 IND 151 NEW KODIAK BK 18 LT 4A 32637.86709040000 0.75 IND WFB ATS 49 TR N -37A 33212.55034670000 0.76 IND WFB TIDELAND TRACT N -29A 33777.86415020000 0.78 IND WFB TIDELAND TRACT N -290 36763.98151840000 0.84 IND WFB UNSUBD. PORT. ATS 49 TR N -15 37308.77320500000 0.86 IND VAC ATS 49 TR P -15 38559.24352050000 0.89 IND BUS ATS 49 TR N -18 39642.87720050000 0.91 IND GRS LAKESIDE BK 3 LT 2 42670.37301390000 0.98 IND WFB AT5 49 TR -18A 43995.00872490000 1.01 IND WFB USS 2537B, BLK 2 TR 16A 44256.03373640000 1.02 IND WRH LAKESIDE 2ND LT 1A -1 45987.05999270000 1.06 IND SFR ATS 49 TR P -19 Case No. 13 -012 Appendix Page 23 of 25 Public Hearing Item 7 -D P &Z December 19, 2012 Properties on the Road System Zoned Industrial Area Acreage Zane_Type Use Legal_Desc 48291.04763040000 1.11 IND WFB PORTION OF ATS 49 NOTED AS TR N -22 49351.24418310000 1.13 IND WFB ATS 49 TR N -14, N36, & N -41 49598.60713590000 1.14 IND WEB KODIAK TWNST BK 20 LT 1 57891.32743570000 1.33 IND WFB USS 25378 BLK 2 TR 16 -B 60847.42340260000 1.40 IND WFB ATS 49 TR N -324-1 61069.08482880000 1.40 IND IND SEAVIEW LT9 62269.65009720000 1.43 IND VAC SEAVIEW LT 10 62437.15053300000 1.43 IND VAC BELLS FLATS TR D -1 OF TR A 62439.00103280000 1.43 IND WFB ATS 49 TR 4 & PRTNOF USS 1086 & TR D, E & PRTN OF C, USS 1086 63071.10088080000 1.45 IND WRH SEAVIEW LT5 63291.76825940000 1.45 IND WFB ATS 49 TR 14 65463.85253810000 1.50 IND VAC ATS 1266 TR E ROUND ISLAND 68143.87109880000 1.56 IND WFB ATS 49 TR N -384 70348.96986940000 1.61 IND IND SEAVIEW LT 14 71766.68507690000 1.65 IND VAC SEAVIEW LT 13 72369.94811080000 1.66 IND VAC ATS 1266 TR D GULL ISLAND 72689.31818030000 1.67 IND WFB ATS 1408 TR A 75006.50915930000 1.72 IND VAC SEAVIEW LT 19 77362.13307240000 1.78 IND VAC SEAVIEW LT 18 77870.34122070000 1.79 IND BR SEAVIEW LT 11 77874.93231890000 1.79 IND VAC SEAVIEW LT 12 80140.09912270000 1.84 IND VAC SEAVIEW LT 17 82741.61730940000 1.90 IND WRH SEAVIEW LT 15 86937.76864950000 2.00 IND VAC BELLS FLATS TR E OF TR A 87040.33666310000 2.00 IND VAC SEAVIEW LT 16 90891.98640700000 2.09 IND WEB ATS 49 TR 3 AND USS 1086 TRACTS A, B AND A PORTION OF C 98081.54340520000 2.25 IND VAC SEAVIEW LT 6 98346.70346670000 2.26 IND VAC SEAVIEW LT 7 107971.92345200000 2.48 tND WRH USS 3468 TR A 135756.07695100000 3.12 IND VAC ATS 955 TR A 141701.31850300000 3.25 IND VAC SEAVIEW LT22 148628.66301500000 3.41 IND WFB USS 2539 PARCEL A & B WOMANS BAY 149950.54953700000 3.44 IND WFB NEW KODIAK BK 18 LT 64 -1 161064.11276900000 3.70 IND IND USS 1673 LT 2 PTN NAT'L MARINE FISH 170696.54468700000 3.92 IND VAC SEAVIEW LT 20 207878.13350600000 4.77 IND VAC USS 2539 TR A GIBSON COVE 210083.55191100000 4.82 IND VAC USS 1673 TR A 217995.15974800000 5.00 IND WFB USS 2735 TR A MIDDLE BAY 220634.57453600000 5.07 IND IND ATS 1408 TR C -1 228200.75408800000 5.24 IND VAC ATS 1408 TR B 234127.65700600000 5.37 IND IND USS 25378 (PIER 2 -CITY DOCK) 252793.89844700000 5.80 IND VAC SEAVIEW LT IA 252828.88368700000 5.80 IND BUS USS 1673 TR B 255028.45450700000 5.85 IND VAC SEAVIEW LT 21 260571.62396200000 5.98 IND VAC USS 1673 TR A 323549.93174500000 7.43 IND VAC USS 1673 LT 2 PTN GIBSON COVE 335477.23649900000 7.70 IND IST USS 2539 PTN OF /MC11 -1 -001 -1 495215.03476700000 11.37 IND VAC ATS 1266 TR F USKI ISLAND 568913.84488000000 13.06 IND VAC ATS 1266 TR D GULL ISLAND 741107.13210000000 17.01 IND IND BELLS FLATS TR A BK 3 ALL 1219440.05458000000 27.99 IND IND BELLS FLATS TR A BK 4 LT 3 Total Acreage = 232.63 Case No. 13 -012 Appendix Page 24 of 25 Public Hearing Item 7 -D P &Z December 19, 2012 Request: QRezone, accordingUpC '.cc .205.030 ce Roadsystem Industrial ap rezone 110Qa, 3945gj tpremainder IP E ease 013-012 ' u 44355, comprising62 Kodiak Island Borough o Kodiak Island Borough Waste Disposal f Ocombination Public 111 Ileceffil C- Conservation Zoning District 90 I- Industrial Zoning District -- >vel , A, a ° // d� 7 ' , CO q / - 'et. ,�, gy �. o 0 0 ri 4 � , 2 O o o 8 C c. C Ko 0 O o 4, e- �� 0 0 0 Legend i • �� rZ d i I I Parcels selection • J rJ t ./ /. O 41 " ( 4 f ,� - a �°� -* Kodiak Island Borough GIS System '''e"a aa,y-,.i. c. 0 5,500 11,000 22,000 33,000 44,000 'Feet i P I This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general Iocation of a properly within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486-9333. Case No. 13 -012 Appendix Page 25 of 25 °'° KODIAK ISLAND BOROUGH ` ?,' # AGENDA STATEMENT to . REGULAR MEETING OF: FEBRUARY 21, 2013 ITEM NO.: 13.B.1 TITLE: Resolution No. FY2013 -25 Designating the Individual Who Will Serve as the Administrative Official During the Absence of the Kodiak Island Borough Manager. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2013 -25 APPROVAL FOR AGENDA: SUMMARY STATEMENT: This resolution is to update Resolution No. FY2008 -27. For several years, Bud Cassidy has served as the Administrative Official for the Borough in the absence of the Borough Manager. As he now serves as the Borough Manager, the need arises to designate an individual to serve as the Administrative Official in his absence. RECOMMENDED MOTION: Move to adopt Resolution No. FY2013 -25. Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Manager 2 Requested by: Borough Manager Drafted by: Borough Manager 3 Introduced on: 02/21/2013 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2013 -25 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 DESIGNATING THE INDIVIDUAL WHO WILL SERVE AS THE ADMINISTRATIVE 11 OFFICIAL DURING THE ABSENCE OF THE KODIAK ISLAND BOROUGH MANAGER 12 13 WHEREAS, a clear procedure for administration needs to be in place in the event of an 14 emergency or other pressing issue during the absence of the Borough Manager; and 15 16 WHEREAS, Kodiak Island Borough Code 1.10.030 provides the designation of an 17 administrative official to act as manager during the manger's absence or disability; and 18 19 WHEREAS, at times the manager is absent from the Borough and need for action may 20 arise. 21 22 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 23 ISLAND BOROUGH that William Roberts, Borough Assessor, shall serve as the 24 administrative official during the manager's absence from the Kodiak Island Borough or 25 inability to perform duties. 26 27 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 28 THIS DAY OF 2013 29 30 KODIAK ISLAND BOROUGH 31 32 33 34 ATTEST: Jerome M. Selby, Borough Mayor 35 36 37 38 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2013 - Page 1 of 1 "`: - KODIAK ISLAND BOROUGH AGENDA STATEMENT r REGULAR MEETING OF: MARCH 7, 2013 ITEM NO.: 13.B.2 TITLE: Resolution No. FY2013 -26 Adopting a Federal Capital Improvement Program and Identifying Federal Program Priorities for Federal Fiscal Year 2014. ORIGINATOR: Grant Writer /Special Project Support FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2013 -26, emails with D.C. Lobbyists, COK Federal CIP list APPROVAL FOR AGENDA: l SUMMARY STATEMENT: This resolution designates the Borough's two federal legislative capital improvement project priorities for federal fiscal year 2014. These are projects that the Borough forwards to our congressional delegation in hopes of having the federal government provide part or all of the funding needed to complete these projects. This list was refined after discussion with our federal lobbyist and incorporated their recommendations. This resolution also identifies federal program priorities for federal fiscal year 2014. RECOMMENDED MOTION: Move to adopt Resolution No. FY2013 -26. Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Manager 2 Requested by: Borough Assembly 3 Drafted by: Special Projects Support Introduced on: /07/2013 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2013 -26 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 ADOPTING A FEDERAL CAPITAL IMPROVEMENT PROGRAM AND IDENTIFYING 11 FEDERAL PROGRAM PRIORITIES FOR FEDERAL FISCAL YEAR 2014 12 13 WHEREAS, a capital improvement program has been adopted by the Kodiak Island 14 Borough Assembly that identifies the needs of the community over the next five years; and 15 16 WHEREAS, the Kodiak Island Borough has identified two main capital improvement 17 projects to submit to the Alaska Congressional Delegation for funding consideration; and 18 19 WHEREAS, the Alaska Congressional Delegation has requested the views of the Kodiak 20 Island Borough on which federal programs should be considered priorities'for rural Alaskan 21 communities and their residents. 22 23 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 24 BOROUGH THAT: 25 26 Section 1: The Kodiak Island Borough's top three federal capital improvement project 27 priorities for federal fiscal year 2014 are as follows: 28 29 1. Landfill Wastewater Treatment 30 Total Estimated Cost of the Project: $29,000,000 31 Funding Sources: Kodiak Island Borough revenue bonds, $24,000,000 32 State of Alaska 33 Federal Funding Request: $5,000,000 34 35 The Kodiak Island Borough's landfill is estimated to reach the limits of its permitted 36 capacity within two years. To address this problem a lateral expansion project 37 constructing new cells adjacent to the existing landfill is underway. Current Alaska 38 Department of Environmental Conservation regulations implementing the federal Clean 39 Water Act require the new cells to be fully lined to capture all leachate or fluids 40 produced by the waste. The captured leachate will be processed in a newly 41 constructed treatment facility on -site. This treatment represents an unfunded federal 42 mandate. Federal assistance to communities to comply with this federal mandate has 43 been available in the past through EPA's State and Tribal Assistance Grant Program 44 (the "STAG" Program). The Kodiak Island Borough is seeking the Alaska Delegation's Kodiak Island Borough, Alaska Resolution No. FY2013 - Page 1 of 4 45 assistance to restore funding for the STAG program so that the KIB can compete for 46 federal matching funds for this project. 47 48 2. Traffic Safety Lighting (City of Kodiak to United States Coast Guard Base) 49 Total estimated cost for the project: $15,000,000 50 Federal funding request: $2,000,000 51 52 One road connects the City of K di to the state airport, the U.S: Coast Guard Support 53 Cen er and neig .or' oods locat d ro ghly south of to N�This stretch of roadway between 54 the ity limits . d the Coast Gard ase is appro imagely five miles of dark, two lane 55 wincing roadw.y with .n avera•e sped limit of 4: mile I per hour. The lack of highway 56 light g is a •.ignifican safety oncer along this section of heavily traveled road. The 57 fede al High Risk Rur.I ' Road Progra provide funding through t - Federal Highway 58 Trus Fund to correct or in h zardous road loc tions in rural . eas through 59 cons ructio or operatio al. im•rovemen s. This •rogram i a pot: tial sou e of federal 60 fundi g fo the traffic ighti s safety project The Borough it seeking the Alaska 61 Deleg Lion s assistance i hav ng the High Risk 'ural Road\Progr.•m funded s part of the 62 Highw y rust Fund reauth.. ation in 2013: 63 64 Section 2: The Kodiak Island Borough's views and recom : dations on priority federal 65 programs are as follows: 66 67 1. Payment - Lieu - Taxes: There are over 2.8 million acres removed by the Federal 68 Government from taxation within the boundaries of the Kodiak Island Borough. This is 69 land that would otherwise be available to the private sector to develop, creating jobs for 70 the residents of Kodiak and the rural Kodiak Island communities. This in turn would 71 create tax revenues for the Kodiak Island Borough. PILT was enacted by Congress to 72 help offset the loss of revenues to municipal entities caused by federal land 73 withdrawals within local government boundaries. The KIB uses these funds to provide 74 basic social services, including medical care, emergency fire and rescue services, 75 roads, and schools. The final PILT payment to boroughs and counties will be in 2013 76 without reauthorization of the program. The Kodiak Island Borough is seeking the 77 Delegation's assistance in extending the PILT Program for another five years. 78 79 2. Refuge Revenue Sharing: The National Wildlife Refuge Fund is a critical source of 80 replacement revenue to communities like ours who have the presence of a large 81 Federal wildlife refuge within their boundaries. That presence removes substantial 82 amounts of property from the local property tax base. The share we receive from the 83 Fund is based on a formula that partially compensates us for our tax losses due to the 84 existence of the Kodiak National Wildlife Refuge. The Refuge is over 1.9 million acres 85 in size and therefore has permanently removed from private ownership, development 86 and taxation over half the property on the island. The current Administration 87 recommended no funding for this important program. The Kodiak Island Borough is 88 seeking the Alaska Delegation's assistance in providing level funding for this program. Kodiak Island Borough, Alaska Resolution No. FY2013 -26 Page 2 of 4 89 3. Groundfish Surveys: The North Pacific Fishery Management Council has raised 90 concerns with the National Oceanic and Atmospheric Administration about what 91 appears to be slippage in the winter and summer groundfish surveys for the Gulf of 92 Alaska. The diminution in these surveys will eventually come back to haunt Kodiak 93 fishermen and processors should the North Pacific Council turn precautionary in the 94 establishment of annual groundfish quotas due to insufficient stock assessment data. 95 A reduction in federal groundfish quotas for pollock, cod, and rockfish would result in 96 lost economic opportunities for Kodiak residents and lower raw fish tax receipts over 97 time. The Kodiak Island Borough recommends that the Alaska Delegation add the 98 groundfish surveys to the list of programs to .be protected in the FY2013 budget 99 process. 100 101 4. Karluk Lake Enrichment Project: The Karluk Lake system on the west side of Kodiak 102 Island is the largest producer of sockeye salmon in the Kodiak area and supports a 103 large portion of the area's commercial and subsistence sockeye fisheries. Since 2007, 104 returns of adult sockeye to the Karluk system have been extremely poor, most likely 105 due to over escapement of spawning adults in earlier years. Continuing low returns will 106 not only deprive local fisheries, low spawning escapements will also reduce the supply 107 of marine derived nutrients to the lake system.Thus, the system may remain in a low 108 state of productivity indefinitely into the future. 109 In order to bring the Karluk Lake ecosystem back to its earlier, higher level of 110 production, the Kodiak Regional Aquaculture Association (KRAA) proposes to apply 111 nutrients over the course of up to five years. This lake enrichment project follows 112 established protocols for rehabilitating sockeye salmon rearing environments. 113 However, because Karluk Lake is within the Kodiak National Wildlife Refuge and a pre - 114 statehood withdrawal, it appears that approval is required from the U.S. Fish and 115 Wildlife Service. Refuge compatibility reviews and environmental assessments by the 116 USFWS have been protracted and are not yet complete. 117 It is vitally important that the USFWS approve this lake enrichment project without 118 delay. It would additionally helpful if the local federal refuge staff were to act as a 119 cooperating agency in the project, provide logistic support, and help monitor the 120 results. The Kodiak Island Borough supports local facilitation and approval of this 121 important project that has a direct impact to the community's economic base. 122 123 5. Bypass Mail Program: The Congress is currently working on legislation to reform the 124 U.S. Postal System in an effort to stem the financial losses currently being incurred by 125 the U.S. Postal Service. A number of Members of Congress have used this legislative 126 initiative to advocate for the curtailment or elimination of the postal rate subsidies for 127 rural Alaska. Postal service is a fundamental right guaranteed to all Americans under 128 the U.S. Constitution. Universal service is a cornerstone of our current Postal System. 129 The existing Bypass Mail Program is the mechanism used by the U.S. Postal Service 130 to guarantee the benefits of universal service to Americans living in the rural areas of 131 Alaska. The elimination of Bypass Mail will discriminate against Alaskans by depriving Kodiak Island Borough, Alaska Resolution No. FY2013 -26 Page 3 of 4 132 them of the uniform postal rates available to all other Americans. The KIB recommends 133 that the Alaska Delegation vigorously oppose any efforts to terminate or undermine the 134 Bypass Mail Program. 135 136 BE IT FURTHER RESOLVED that the Kodiak Island Borough administration is hereby 137 instructed to advise Congress and the appropriate agencies of the United States Federal 138 Government of the Capital Improvement Program and priorities adopted by the Kodiak 139 Island Borough Assembly. 140 141 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 142 THIS DAY OF 2013 143 144 KODIAK ISLAND BOROUGH 145 146 147 148 Jerome M. Selby, Borough Mayor 149 150 ATTEST: 151 152 153 154 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2013 - Page4of4 Bud Cassidy From: Brad Gilman <mackerel @hsgblaw - dc.com> Sent: Thursday, January 17, 2013 7:21 AM To: Bud Cassidy; 'Seb O'Kelly' Cc: Meagan Christiansen Subject: RE: FY13 Federal Bud: My comments'as follows— • You can drop the EAS and EDA paragraphs. Those programs are out of the woods. • Amend the highlighted sentence in PILT to read as follows -- "The final PILT payment to the Boroughs and counties will be in 2013 without the reauthorization of the program ". Otherwise, this looks good to go for me. Brad From: Bud Cassidy [mailto:bcassidytakodiakak.us] Sent: Wednesday, January 16, 2013 5:12 PM To: mackereMhsgblaw- dc.com; 'Seb O'Kelly' Cc: Meagan Christiansen • Subject: FY13 Federal Good Afternoon, I have been working with Mayor Selby on this first blush of a Federal CIP list. Please take a look, review and comment. Some of the costs will be changed as well as some of the date. We are working on that. As you can see, there are two projects on the list as well as a number of programs important to Kodiak. Your advice is appreciated. Thanks for the hard work. Bud Cassidy Administrative Official 1 CITY OF KODIAK RESOLUTION NUMBER 2013 -01 A RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK ADOPTING THE FEDERAL FISCAL YEAR 2013 PRIORITIZED FEDERAL CAPITAL IMPROVEMENTS PROGRAM LIST WHEREAS, the City of Kodiak uses a Capital Improvements Program planning process to identify the capital improvement project needs of the community; and WHEREAS, this identification and planting process plays a vital role in directing the City's administration and is utilized as a long -range planning and policy setting tool for City infrastructure maintenance and enhancement; and WHEREAS, the City of Kodiak is committed to paying its way, to the greatest extent possible, but the cost of some of the City's capital project needs are greater than resources available locally; and WHEREAS, the Kodiak City Council has identified and prioritized capital improvement projects for submission to the Alaska Congressional Delegation for funding consideration due to their significance and /or magnitude. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kodiak, Alaska, that the following projects are high priorities for the community and are hereby adopted as the City of Kodiak federal fiscal year 2013 prioritized federal capital improvement project list. 1. Kodiak Drinking Water Improvements - Funding Request: $ 5,000,000 Monashka Pumphouse Upgrades The City of Kodiak's public water supply serves a population of about 10,000 residents because potable water is provided to a large area outside the City limits. The Monashka pumphouse provides almost all of the water for the public water system, averaging 4.73 million gallons per day, but produces as much as 10 million gallons per day during peak fish processing seasons. The pumphouse was constructed in the early 1970s, and only limited changes have been made to the system since it was built. The two -story concrete building houses an electrical room and four constant speed pumps of 1940s vintage for which parts are no longer made. The building is experiencing separation of wall panel connections and floor and roof systems and must be assessed for seismic stability. Some repairs to the old pumps require specialty machining, which is costly since parts are no longer made. The electrical system and pump motor starts are inadequate and out -of -date. The City is working to identify the scope of the upgrades needed to this critical facility since 2009. Preliminary estimates for the upgrades are $6.3 million with funding from local, state, and federal sources. The City has spent $595,000 in local funds for the feasibility and pre- design and received a state matching grant of $420,000 to apply to the design phase of the project. The design phase will be Resolution No. 2013-01 Page 1 of 3 completed in 2013, and with full funding secured, will be ready for construction in 2014. The City of Kodiak is requesting federal funding assistance to complete the design and replacement/upgrades of this facility in the amount $5,000,000. 2. Shelikof Street Bulkhead Parking Funding Request: $1,500,000 In 2009, the City identified the need for pedestrian improvements from Pier II to downtown Kodiak to more safely accommodate pedestrian traffic and to improve facilities for local residents and businesses that use the pier, street, and access to the City's adjacent 250 slip boat harbor. The first phase of the project, construction of an ADA accessible sidewalk, improved lighting and parking, and utility relocates is underway and will be completed in 2013. The City must plan and design the next parking improvement phase of this project, which is to construct a 30 -space bulkhead parking area on the south side of Shelikof Street adjacent to St. Paul Harbor. The roadway area adjacent to the proposed bulkhead parking is very congested. Due to lack of adequate parking, vehicles block walkways and access areas adjacent to the businesses, forcing pedestrians into the roadway. Construction of additional off -road parking will direct pedestrian traffic out of the congested roadway. The net increase in parking will benefit harbor users and retail businesses along Shelikof Street. It will provide improved pedestrian access from Marine Way to the fish processors in the immediate area. Associated tasks for this phase of the project include geotechnical investigation, design, permitting, mapping, construction, improved lighting, and utility relocates. The City of Kodiak is requesting federal funding assistance for planning, permitting, design, and construction in the amount of $1,500,000 to construct this bulkhead parking project to enhance pedestrian and vehicle safety. 3. Shelikof Street Pedestrian Improvements Funding Request: $3,500,000 Pier II to Downtown In 2009 the City of Kodiak began work to improve pedestrian and roadway improvements along Shelikof Street (Cannery Row) from Pier II to downtown Kodiak to more safely accommodate visitors who walk along the street and to improve the roadway and parking facilities for local residents and businesses that use the highly congested street, pier, and adjacent working boat harbor. The City wants to begin this phase of the project, which will carry pedestrian improvements further along Shelikof Street from Jack Hinkle Way to Marine Way. This phase includes a shelter /kiosk and public restroom facility for visitors and fishers who work at Pier II, rehabilitation of the sidewalk from Jack Hinkle Way to Marine Way, improved lighting, signage, redesign of existing on- street parking, and a walkway along the harbor side of the street adjacent to St. Paul Harbor. Tasks to begin the project include permitting, ROW acquisition and mapping, geotechnical investigation, and utility relocates. The City of Kodiak is requesting state and federal funding assistance for planning, permitting, design, and construction of this important safety and economic development project for the community of Kodiak and requests federal funding assistance in the amount of $3,500,000 for this project. Resolution No. 2013-01 Page 2 of 3 4. Karluk Lake Enrichment Project The Karluk Lake system, on the west side of Kodiak Island, is the largest producer of sockeye salmon in the Kodiak area, and supports a large portion of the area's commercial and subsistence sockeye fisheries. Since 2007, returns of adult sockeye to the Karluk system have been extremely poor, most likely due to over - escapement of spawning adults in earlier years. Continuing low returns will not only deprive local fisheries, low spawning escapements will also reduce the supply of marine- derived nutrients to the lake system. Thus, the system may remain in at a low state of productivity indefinitely into the future. In order to bring the Karluk Lake ecosystem back to its earlier, higher level of production, the Kodiak Regional Aquaculture Association (KRAA) proposes to apply nutrients over the course of up to five years. This lake enrichment project follows established protocols for rehabilitating sockeye salmon rearing environments. However, because Karluk Lake is within the Kodiak National Wildlife Refuge and a pre- statehood withdrawal, it appears that approval is required from the U.S. Fish and Wildlife Service (USFWS). Refuge compatibility reviews and environmental assessments by the USFWS have been protracted, and are not yet complete. It is vitally important that the USFWS approve this lake enrichment project without delay. It would be additionally helpful if the local federal refuge staff were to act as a cooperating agency in the project, provide logistic support, and help monitor the results. The City of Kodiak supports local facilitation and approval of this important project that has a direct impact to the community's economic base. CITY OF KODIAK i) MAYOR ATTEST: i \ (10 "\ � /�� lc - . .\ i (.A \y- \(,... \G.; CITY CLERK Adopted: January 24, 2013 A Resolution No. 2013 -01 Page 3 of 3 KODIAK ISLAND BOROUGH a; t AGENDA STATEMENT •a, REGULAR MEETING OF: MARCH 7, 2013 ITEM NO.: 13.B.3 TITLE: Resolution No. FY2013 -27 Expressing Support for Renaming the State Airport in Kodiak After Benny Benson in Observance of His Centenary. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2013 -26 APPROVAL FOR AGENDA: t _ SUMMARY STATEMENT: This resolution was requested by Mr. Jay Barrett from the Assembly during a work session on February 14, 2013. This resolution is urging the State of Alaska to rename the Kodiak State Airport to Benny Benson Kodiak State Airport. The Assembly agreed that Mr. Benny Benson accomplished many significant things throughout his life and renaming the state airport in observance of his centenary would honor Mr. Benson and his many accomplishments. RECOMMENDED MOTION: Move to adopt Resolution No. FY2013 -27. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Manager Requested by: Jay Barrett/Borough 1 Assembly 2 Drafted by: Borough Clerk/Jay Barrett 3 Introduced on: 03/07/2013 4 Adopted an: 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY 2013 -27 7 8 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 9 EXPRESSING SUPPORT FOR RENAMING THE STATE AIRPORT IN KODIAK 10 AFTER BENNY BENSON IN OBSERVANCE OF HIS CENTENARY 11 12 WHEREAS, Mr. John Ben Benson Jr. (Benny Benson) was born in Chignik, Alaska on 13 October 12, 1913; and 14 15 WHEREAS, Benny Benson, at the age of 13, designed the Alaska flag for the territory of 16 Alaska choosing the Big Dipper (Ursa Major) and the North Star for his symbols. He 17 described his choices: "The blue field is for the Alaska sky and the forget -me -not, an 18 Alaska Flower. The North Star is for the future state of Alaska, the most northerly of the 19 union. The dipper is for the Great Bear symbolizing strength." His sentiments are echoed in 20 the State song; and 21 22 WHEREAS, Benny moved to Seattle in 1936 and enrolled in the Hemphill Diesel 23 Engineering School for diesel engine repair. He moved to Kodiak in the 1950s and Kodiak 24 is where he resided and spent most of his adult life working in the aviation industry; and 25 26 WHEREAS, it is most appropriate to honor Benny Benson on the 100 anniversary of 27 his birth by renaming the Kodiak State Airport to Benny Benson Kodiak State Airport; and 28 29 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 30 ISLAND BOROUGH urges the State of Alaska which has the power and authority to 31 rename State properties to rename the Kodiak State Airport to the Benny Benson Kodiak 32 State Airport. 33 34 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 35 THIS DAY OF 2013 36 37 KODIAK ISLAND BOROUGH 38 39 40 41 ATTEST: Jerome M. Selby, Borough Mayor 42 43 44 45 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2013 -27 Page 1 of 1 KODIAK ISLAND BOROUGH L AGENDA STATEMENT .a REGULAR MEETING OF: MARCH 7, 2013 ITEM NO.: 13.D.1 TITLE: Funding Request From the Kodiak Maritime Museum ORIGINATOR: Choose an originator. FISCAL IMPACT: ® Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Bed Tax Fund Amount Budgeted: ATTACHMENTS: Request Form from Toby Sullivan APPROVAL FOR AGENDA: SUMMARY STATEMENT: This request was discussed at the January 17 work session of the Assembly. This is a request from Toby Sullivan of the Kodiak Maritime Museum for funding in the amount of $1,500 to creat and implement a Harbor Cell Phone tour. RECOMMENDED MOTION: Move to approve the funding request of $1,500 to the Kodiak Maritime Museum. Kodiak Island Borough Page 1 of 1 KODIAK ISLAND BOROUGH PUBLIC AGENDA PRESENTATION REQUEST FORM Desired date for the item to appear on an Assembly agenda: Name: Toby Sullivan Organization: Kodiak Maritime Museum Address: PO Box 1876, Kodiak, AK 99615 Phone #: 486 -0384 Cell# 907 - 360- 8837Email :toby@Ykodiakmaritimemuseum.org Please state the item you wish to have placed on the agenda and submit any applicable documents with this form. Kodiak Maritime Museum is requesting a $1,500 grant from the Bed Tax Fund in order to create and implement a Harbor Cell Phone Tour. This proposed tour will allow visitors to take a self - guided tour of the harbor and waterfront using any cellphone. The tour will include text, photos, audio, and video to explain the history and activities of Kodiak's working waterfront, including the story of the 1964 earthquake and tsunami, the rise of the King Crab fishery, and information on past and present landmarks and buildings in the downtown area. KMM is working with Discover Kodiak to design and promote the tour, which will complement existing signage and the guided tours currently offered by the museum. Please state the desired action of the Assembly: Kodiak Maritime Museum desires the Assembly to approve a one -time $1,500 grant to implement the cell phone tour. Do you wish to present this to the Assembly? X Yes No Presentations are normally limited to 15 minutes. If more time is desired, please state how many minutes is requested. Do you need to have access to equipment for this presentation such as a computer, projector, DVD player? If so, please state the equipment needed below. We will need a projector to show images from a portable thumb drive. Please see additional information on the back of this form . KODIAK ISLAND BOROUGH PUBLIC AGENDA/PRESENTATION REQUEST The Assembly meets on the first and third Thursdays of each month for their - regular meetings and they normally meet a week before in work sessions before the regular meetings. If you have a specific topic that you would like the Borough Assembly to discuss at a future work session /meeting, OR if you wish to make a presentation to the Assembly, please complete this •form and submit'it to the Borough Clerk's Office. The item will possibly.be'scheduled for future meeting or forwarded to Borough Staff for appropriate action. Please return this form to: Nova M. Javier, MMC, Borough Clerk , Kodiak Island Borough • 710 Mill Bay Road, Kodiak, AK 99615 Email: njavierPkodiakak.us Phone (907) 486 -9310 ' Fax: (907) 486 -9391 For,Staff Use Only: tt,, Received by the Clerk's Office on: V I l I i90 1 Distributed to the Manager /Assembly on: ( %\ U 1 Ro Discussed at the agenda setting on: t�� g Cf Approved for agenda item on: Work session date: Regular meeting date: . Informed requestor on: Notes: ° vkfl r.• KODIAK ISLAND BOROUGH °" -N ° �'' AGENDA STATEMENT REGULAR MEETING OF: MARCH 7, 2013 ITEM NO.: 13.D.2 TITLE: Declaring a Seat on the Parks and Recreation Committee Vacant. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resignation Letter APPROVAL FOR AGENDA: 4 SUMMARY STATEMENT: On Wednesday, February 13, 2013, the Clerk's Office received a notice of resignation from Ms. Sandra West from the Parks and Recreation Committee, for a term to expire December 2013. 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. RECOMMENDED MOTION: Move to accept, with regret, the resignation of Ms. Sandra West from the Parks and Recreation Committee for a seat term to expire December 2013, and direct the Borough Clerk to advertise the vacancy per Borough Code. Kodiak Island Borough Page 1 of 1 Jessica Kilborn Subject: FW: Resignation Letter Original Message From: Sandra.W.West @uscg.mil [mailto:Sandra.W.West @uscg.mil] Sent: Wednesday, February 13, 2013 2:04 PM To: Sheila Smith Subject: RE: Resignation Letter Hello Sheila, Thank you for the reminder. So much is going on. Hello KIB, Unfortunately I must resign from serving on the Borough Parks and Recreation Committee due to leaving town in a few weeks. We hope to be back in a few years and excited about seeing the improvements and changes on this great island. Thank you, Mrs. Sandra West 907 - 487 -5310 x 144 Fax 487 -5043 USCG Base Kodiak Housing Office Overseas Entry Approval Point How are we doing? www.uscg.mil /dol /survey Why are we doing it? "O - \ <, (*) / (*) Two things can happen to a person who lives on an island. Either the shores confine them or the infinite horizon releases them. Original Message From: ssmith @kodiakak.us [mailto:ssmith(&kodiakak.us] Sent: Wednesday, February 13, 2013 1:59 PM To: 'Sandra West'; West, Sandra W CIV Subject: Resignation Letter 1 f KODIAK ISLAND BOROUGH .' :..;' AGENDA STATEMENT r.g#147 REGULAR MEETING OF: MARCH 7, 2013 ITEM NO.: 13.D.3 TITLE: Confirmation of the Assembly Appointment to the Womens Bay Service Area Board. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: S. Griffin's application; WBSA Board recommendation to the Assembly; WBSA Roster APPROVAL FOR AGENDA: SUMMARY STATEMENT: There is currently a vacant seat on the Womens Bay Service Area (WBSA) Board. On February 12, the Clerk's Office received an application from Mr. Scott Griffin for the vacant seat term to expire October 2014. Mr. Griffin's application was forwarded to the WBSA board for consideration. At its meeting of February 12, the WBSA board considered the application and consensus of the board was to recommend that the Assembly appoint Mr. Griffin to the vacant seat. 4.15.04 Vacancies. D. The clerk shall provide a standard application form for interested persons to complete. The form, letters or other expressions of interest shall be made to the clerk who shall forward copies to the service area board. E. The service area board may submit its nomination of a person from the submitted applications to fill the vacancy to the assembly. The assembly shall appoint a new member selected from the submitted applications for the remaining unexpired term. RECOMMENDED MOTION: Move to confirm the Assembly appointment of Mr. Scott Griffin to the Womens Bay Service Area board for a seat term to expire October 2014. Kodiak Island Borough Page 1 of 1 Jessica Kilborn Subject: FW: WBSAB vacant position From: Dave Neuman [mailto:daveheuman@omail.com] Sent: Tuesday, February 26, 2013 5:39 PM To: Jessica Kilborn Subject: Fwd: WBSAB vacant position let me know if this will work for you. dave 907 350 2908 Forwarded message From: Dave Heuman <daveheuman@gmail.com> Date: Wed, Feb 13, 2013 at 3:52 PM Subject: WBSAB vacant position To: Jessica Kilborn <jkilborn,,kodiakak.us >, " <dconrad @kodiakak.us >" <dconrad @kodiakak.us >, Billy Ecret at home <airborne ,acsalaska.net >, Jessica Horn <crazed beachcomber @yahoo.com >, John Isadore <izzy @acsalaska.net >, BRIAN HANSZ <hanszalaska @gmail.com> Jessica; At our regular board meeting last night, Feb. 12, 2013, we reviewed the application from Scott Griffin applying for the vacant seat on the WB SAB. The motion was made and passed to recommend him to fill the vacant seat on our board, which expires in 2014. Please see if you can get this to the KIB Assembly for action at their next meeting. Thank You, David I- Ieuman Chairman, WBSAB KODIAK ISLAND BOROUGH • OFFICE OF THE BOROUGH CLERK 710 Mill Bay Road, Room 101 ' Kodiak, AK 99615 . Phone: (907) 486 -9310 Fax: (907) 486 -9391 njavier @kodiakak.us APPLICATION FOR APPOINTMENT TO SERVICE AREA BOARDS ❑ Bay View Road Service Area Board ❑ Mission Lake Tidegate Service Area Board ❑ Fire Protection Area No.1 Board ❑ Service Area No.1 Board ❑ Monashka Bay Road Service Area Board %.Women Bay Service Area Board Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meetingInfformationn. Name: Sca` G‘ `C\ •N Daytime Phone: 9O 5 3g - S50 6 Residence Address: 7 Scc5u..\ C.c tc (Qc(, Evening Phone: 9 Y7 -539 - 65o G Mailing Address: t Cell Phone: 9 n7 S 34 -53 (� O Email Address: KnrS. � \ <r 1/4; ckccrq j�c,,�n \„c_c /h Fax Number: t.1 A Length of Residence in Service Area: Registered to vote in Kodiak? Yes_ No Please provide one of the following: Date of Birth: (n 1 R) (,, Last 4 digits of SSN #: Employer /Occupation: (1 SC ( 1Zt, k I<' t(.k (CAS \ ;ub... C 0)1.c) Organizations you belong to or participate in: \C 54 Explain your main reason for applying: ' L G,r ,s r R k LA) o PS s lre unS �Oa e ■ c,n £ ooluCJ 6 .) -hi 1A)6\1 \:: • -cuuti— . cr. l Cl ct l %CN. Sec c Sc-0.4c qn re -LcLc t,,nu Iel Olt /J 74- o-, d'e.T •t...c (06r, r What background, experience, or expertise will you bring to the board /committee/commtssion membership? wn prim, r sus Seu-e6 eS .tcsS o_S d w PO/ 1 ' 4&&t li t4rA, - ,» S‘ re- lCi < _ (j<-\\S t 376u: sin cc 0150 3. o r . a • . s . ti *, a Cr (n et+ it IC&X a(C, Are you available for regular meetings? 7 e S Pursuant to KIBC 4.15. 040 (A.7) Other than by expiration of the members tens, the assembly shall declare a seat va- en a member of the board misses three consecutively held regular meetings and is not excused. ol Signature of Applica • !aw Dat I I a 3 A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Your application will be provided to the appropriate service area board for its recommendation to the Assembly for appointment. N _ ' _ $TAFF(USE;ONLY Registered voter of the Borough :'Yes( +) ,No (') Date - _ _ Date Recety d,(dstestarnp'bilow) ; Resident of the SeMc Area .Yes ( =) No:( ) AppoMnierrl Letter ` .. . . Data Provided to SA'BOaNISSft _ „ Roster..,. - ,Term Exphea on :c�. '.'_ w. _.,. .. i. _ Oapr of O1Her,; • _. . - - .. **: KODIAK ISLAND BOROUGH W OMENS BAY SERVICE AREA BOARD NAME TERM HOME WORK EMAIL PHONE PHONE David G. Conrad 2015 487 -2782 davetish(c,acsalaska.net PO Box 2518 Kodiak, AK 99615 Billy J. Ecret 2015 487 -9774 539 -2857 airborne(@,acsalaska.net 11850 Bells Flats Road Kodiak, AK 99615 Brian Hansz 2013 487 -4069 942 -5099 hanszalaska ungmail.com 12749 Middle Bay Drive Kodiak, AK 99615 David Neuman (Chair) 2014 487 -2575 daveheuman(c�gmail.com 883 Preston Lane Kodiak, AK 99615 Jessica Horn (Vice Chair) 2013 487 -2718 crazed beachcomber(cilyahoo.com 665 Sargent Creek Road Kodiak, AK 99615 John Isadore 2014 487 -2876 izzy(a.acsalaska.net PO Box 33 Kodiak, AK 99615 Vacant 2014 Non - Voting Ex- Officio 487 -2589 487 -4312 Womens Bay Fire Chief Dale Rice 538 Sargent Creek Road Kodiak, AK 99615 This board is governed by Kodiak Island Borough Code 4.50 Revision Date: 10/30/2012 Revised by: JK 4 °„ - st KODIAK ISLAND BOROUGH A, . # ° � "' AGENDA STATEMENT r: REGULAR MEETING OF: MARCH 7, 2013 ITEM NO.: 13.0.4 TITLE: Confirmation of the Mayoral Appointment to the Planning and Zoning Commission. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Mr. Peterson's Application; P &ZC Roster APPROVAL FOR AGENDA: . 6 SUMMARY STATEMENT: There is currently a vacant Borough seat on the Planning and Zoning Commission. On January 28, the Clerk's Office received an application from Mr. Frank Peterson, Jr. for the vacant seat term to expire December 2015. 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. RECOMMENDED MOTION: Move to confirm the appointment of Mr. Frank Peterson, Jr. to the Planning and Zoning Commission Borough seat for term to expire December 2015. Kodiak Island Borough Page 1 of 1 Jessica Kilborn From: noreply @civicplus.com Sent: Monday, January 28, 2013 2:00 PM Registered Voter of the No Y. rY Applicant's Reside : Borough ity To: Nova Javier; Marylynn McFarland; Jessica Kilborn term expires on: Subject: Online Form Submittal: Board Application Form Date appointed: Appointment letter. Roster: Oath of Office: The following form was submitted via your website: Board Application Form Financial Disclosure: Select the Board, Commission, or Committee applying for: Planning and Zoning Commission Designated seat or group representation (if applicable): : Full Name: Frank Robert Peterson Jr Residence Address: 426 Teal Way Mailing Address : Box 8868 Email Address (This address will be used for correspondence): frank.peterson @hotmail.com Home Phone Number (numeric only): 9074862582 Work Number (numeric only): 9074864449 Cell or Fax Number (numeric only): 9075390202 Employer /Occupation: Sun'aq Tribe of Kodiak Please provide ONE of the following: Date of Birth or Last 4 digits of SSN #: 4707 Length of residency in Kodiak: 36 Registered to vote in Kodiak ?: Yes Length of Residence in Service Area: 14 Are you currently serving on other Boards, Commissions, or Committees ?: No If yes, which: Organizations you belong to or participate in: Lions club ELKS VFW Junior Achievement Kodiak Chair Kodiak Football League Kodiak Tribal Council dba. Sun'ami Kodiak Middle School PTSA president Explain your main reason for applying: I've volunteered extensively in Kodiak over the past several years. I'm interested in learning more about serving the Kodiak Island Borough. The planning and zoning commission is an excellent next step in providing that service. What background, experience, or expertise will you bring to the board /committee /commission membership ?: Served on the Rural Alaska Sanitation Coalition Board as KANA's representative. I served on the Threshold recycling board as KANA's representative. I've served on the Sun'ami's board of directors for about 4 years with 3 of those years as chair. I've sat on numerous advisory boards for the Kodiak Island Borough School District. I worked as a Police Officer for the City of Kodiak for almost 9 years so I've got a more intimate knowledge of Kodiak than most. I've worked for the Sun'aq Tribe of Kodiak for nearly 5 years and in that time have worked closely with many of the organizations on Kodiak including but not limited to: Koniag, KANA, Job Service, Native Corporations, School District, Borough, City, Kodiak College, Wells Fargo, and many more. I handle myself well in public speaking situations. I have been honored to MC several different public events including RURALCAPS Provider's Conference, Native Village of Afognak's Substance Abuse forums, and several that I coordinated while working for the Sun'aq Tribe of Kodiak. I've got two Associates degrees, one in business and one in accounting. I'm currently working toward my bachelor degree in human resource management and accounting. I'm Alaska Native and have ties to many of the rural communities. I grew up in Akhiok, Larsen Bay, and Old Harbor. I have many contacts in the rural Kodiak communities, throughout the state, and across the United States. Are you available for regular meetings ?: Yes Additional Information: Form submitted on: 1/28/2013 1:59:51 PM Submitted from IP Address: 65.74.86.46 Referrer Page: http: / /www.kodiakak.us /index.aspx ?NID =278 Form Address: http: / /www.kodiakak.us /Forms.aspx ?FID =72 2 KODIAK ISLAND BOROUGH ` PLANNING AND ZONING COMMISSION 1 NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Kathy Drabek (C) 2015 486 -6181 654 -4905 kathleendrabekAhotmail.com 220 Mill Bay Road Kodiak, AK 99615 Alan Schmitt (C) 2014 486 -5314 942 -0404 schmitt(gci.net 3295 Woody Way Loop Kodiak, AK 99615 Alan Torres (8) (Chair) 2013 486 -0217 486 -9345 arii.torres(c�yahoo.com 2746 E. Rezanof Dr. Kodiak, AK 99615 Rick Vahl (B) 2015 486 -3344 486 -5308 907 -947- rdvahlna,gmail. 1324 Mountain View Drive 5489 Kodiak, AK 99615 Sonny Vinberg (8) (Vice Chair) 2014 486 -2530 206 -790- hvinberq(@koniaq.com PO Box 78 x4127 4502 Kodiak, AK 99615 Vacant(C) 2013 Vacant(8) 2015 B= Borough Seat C =City Seat This commission is governed by Kodiak Island Borough Code 2.105 ACTING COO DIRECTOR, DUANE DVORAK 486 -9363 ddvorak @kodiakak.us CDD SECRETARY, SHEILA SMITH 486 -9363 ssmithna,kodiakak.us COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD ' ROOM 205 KODIAK, AK 99615 Revision Date: 2/11/2013 Revised by: JK c6V,4 1 KODIAK ISLAND BOROUGH rs 1 AGENDA STATEMENT REGULAR MEETING OF: MARCH 7, 2013 ITEM NO.: 13.D.5 TITLE: Direction to the Finance Director to Prepare the 2012 Roll of Real Properties Subject to Foreclosure. ORIGINATOR: Finance Staff - FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Foreclosure Proposed Timeline APPROVAL FOR AGENDA: SUMMARY STATEMENT: Per KIBC 3.35.160 Preparation of the foreclosure list. When the assembly elects to proceed under the Alaska Statutes to enforce the lien of taxes against real property, the treasurer shall, within such time as the assembly directs, make up a roll in duplicate of all real property subject to foreclosure. The rolls shall show the name of each person appearing on the latest tax roll as the owner of tax - delinquent property, a description of each property as it appears on the latest tax roll, the year or years for which the taxes are delinquent, the amount of delinquent taxes for each year and penalty and interest thereon accruing the day six months after the day of delinquency of taxes of the latest year. The treasurer shall endorse on the roll a certificate under his hand and the corporate seal that it is a true and correct roll of the delinquent taxes of the borough for the years shown. The roll shall be known as the foreclosure list of the borough for the year in which it is made up, and the original of it shall be filed with the clerk and remain open to inspection by the public. RECOMMENDED MOTION: Move to direct the Finance Director to prepare a roll of real property subject to foreclosure and make said roll available for public inspection. Kodiak Island Borough Page 1 of 1 TY2012 Property Tax Foreclosure Tracking Who Item Done Code No. Finance Finance Director prepares agenda statement for assembly for directive 3.35.160 to prepare roll list of all real property subject to foreclosure with preliminary process timeline. Proposed Date: February-24,2-04-3-meeting cancelled March 7, 2013 Finance After directive from Assembly, treasurer will prepare roll list of all real property subject to foreclosure and publish pre -fling notice in 3.35.160 newspaper for four consecutive weeks. Copy to the clerk to remain open for inspection by the public for 30 days. Propose Publication dates: Week 1 March 8, 2013 Week 2 March 15, 2013 Week 3 March 22, 2013 Week 4 March 29, 2013 Finance Treasurer will prepare agenda statement for assembly and present the foreclosure list, for assembly directive to publish the updated 3.35.170 Foreclosure List in the newspaper after 30 day public inspection 3.35.210 window is complete. Proposed Presentation Date: March 21, 2013 Finance After direction of the assembly, the treasurer shall have published in the official newspaper, a certified copy of the Foreclosure List, for no 3.35.170 less than four consecutive weeks. Propose Publication Dates: Week 1 April 12, 2013 Week 2 April 19, 2013 Week 3 April 26, 2013 Week 4 May 3, 2013 Attorney On the day designated in the notice published, a certified copy of the foreclosure list together with a petition for judgment shall be presented 3.35.180 to the superior court. Presentation of Foreclosure List to the court starts one year redemption window. Proposed Date: April 12, 2013 Finance The treasurer shall, within 10 days after the first date of publication, mail to each person to whom a tract is assessed, at his last known 3.35.180 address, a notice describing the property and the amount due as stated on the foreclosure list. Proposed Date: April 22, 2013 r °�4 'X, KODIAK ISLAND BOROUGH v k { ° 4E ° s "\ ' AGENDA STATEMENT "Qt`s iirs REGULAR MEETING OF: MARCH 7, 2013 ITEM NO.: 13.D.6 TITLE: Confirmation of Assembly Appointment to the Board of Equalization (Ed Mahoney). ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Application; BOE Roster APPROVAL FOR AGENDA / i SUMMARY STATEMENT: There is currently one vacant seat on the Board of Equalization for a term to expire December 2015. The Clerk's Office solicited for applicants, contacting real estate agencies for applicants with local real estate market knowledge and expertise. On February 22, 2013, the Clerk's Office received an application from Mr. Ed Mahoney for the vacant seat. 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. RECOMMENDED MOTION: Move to confirm the Assembly Appointment of Mr. Ed Mahoney to the Citizens' Board of Equalization for a term to expire December 2015. Kodiak Island Borough Page 1 of 1 Jessica Kilborn From: noreply @civicplus.com Sent: Friday, February 22, 2013 10:02 AM To: Clerks Subject: Online Form Submittal: Board Application Form The following form was submitted via your website: Board Application Form Select the Board, Commission, or Committee applying for: Board of Equalization Designated seat or group representation (if applicable): : Full Name: Edward Mahoney Residence Address: 3944 Spruce Cape Rd Mailing Address : 3944 Spruce Cape Rd Email Address (This address will be used for correspondence): builders@ptialaska.net Home Phone Number (numeric only): 4861968 Work Number (numeric only): 5391234 Cell or Fax Number (numeric only): 5391234 Employer /Occupation: Mill Bay Builders, Inc. Please provide ONE of the following: Date of Birth or Last 4 digits of SSN #: 12/05/1951 Length of residency in Kodiak: 35+ yrs. Registered to vote in Kodiak ?: Yes Length of Residence in Service Area: Are you currently serving on other Boards, Commissions, or Committees ?: Yes If yes, which: Building Code revision board Organizations you belong to or participate in: NRA, Elks, Legion Explain your main reason for applying: to offer my experence in the kodiak housing market as we have build many homes and sometimes set market pricing of homes in Kodiak. What background, experience, or expertise will you bring to the board /committee /commission membership ?: I am a home builder and we set the pricing of our homes. Sometimes, more often than not, these homes • them become comps and thus used in setting the value of a home. The experience I have gained over the years of building in Kodiak would certainly be an asset to the board. Are you available for regular meetings ?: Yes FOR CLERKS OFFICE STAFF ONLY: • Registered Voter of the Borough: Y Y N • Applicant's Residence: Borough ✓ City Date of Appointment: Term Expires On: Appointment Letter: Roster: Oath of Office: • APOC POFD Statement: N/A Attached On File Additional Information: Form submitted on: 2/22/2013 10:02:15 AM Submitted from IP Address: 65.74.83.65 Referrer Page: http: / /www.kodiakak.us /index.aspx ?NID =278 Form Address: http:// www .kodiakak.us /Forms.aspx ?FID =72 2 °¢ KODIAK ISLAND BOROUGH CITIZENS BOARD OF EQUALIZATION NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Mark Anderson 2015 486 -3377 486 -7950 manderson(a�fnbalaska.com 1124 Stellar Way Kodiak, AK 99615 Carrie Morton 2013 486 -8877 481 -1044 539 -1235 mortonc(o.residentialmtq.com PO Box 2601 Kodiak, AK 99615 John Parker 2014 486 -3084 486 -3084 tovbox(cilgci.net PO Box 191 Kodiak, AK 99615 Dan Rohrer 2014 486 -0977 486 -4949 539 -5836 drohrer(a.kodiakak.net PO Box 786 Kodiak, AK 99615 Cheryl McNeil (Alternate) 2013 486 -8415 486 -3100 mcneilmom(u�yahoo.com 2147 Three Sisters Way Kodiak, AK 99615 Vacant 2015 KIBC 3.20.050 Members. The board of equalization shall be composed of five (5) persons, not assembly members, appointed by the assembly. This board is governed by Kodiak Island Borough Code 3.35.050 ASSESSOR, BILL ROBERTS 486 -9350 broberts(a)kodiakak.us BOROUGH CLERK, NOVA M. JAVIER 486 -9310 niaviee1@kodiakak.us ASSESSING DEPARTMENT OFFICE OF THE BOROUGH CLERK 710 MILL BAY ROAD 710 MILL BAY ROAD ROOM 228 ROOM 101 KODIAK, AK 99615 KODIAK, AK 99615 Revision Date: 1/3/2013 Revised by: JK e„'; \\I% es THE STATE F ��� --�M �f1� Department of Administration � � - ! ALASKA PUBLIC OFFICES COMMISSION • Itcnt 2221 E. Northern Lights Blvd., Rm. 128 GOVERNOR SEAN PA RNI1LL Anchorage, AK 99508 -4149 '` aLA S `~ Main: 907.276.4176 Toll Free in Anchorage: 800.478.4176 Email: doa.apoc.reports @alaska.gov www.doa.alaska.gov/apoc TO: APOC Commissioners DATE: March 7, 2013 FROM: July Lam ti SUBJECT: Staff Report for 13 -04 -POFD, Jerome M. Selby v. Melvin M. Stephens II SUMMARY This complaint alleges that Assembly Member Melvin M. Stephens' II past public official financial disclosures (POFD) for 2011 and 2012 remain noncompliant. Specifically, that income received from client Ms. Helen Yngve was not listed on his POFD filings. Kodiak Island. Borough Assembly Member Melvin M. Stephens II was an Assembly Member for Kodiak Island Borough in 2011 and 2012. During the same period, Assembly Member Stephens II was also a practicing Attorney at Law in Kodiak, AK. Melvin M. Stephens II was retained by, and represented, Helen Yngve in a case involving the Kodiak Island Borough in late 2010. Yngve was awarded $3,430 against the Kodiak Island Borough as reasonable attorney fees on December 30, 2011 and an additional $655.60 in reasonable attorney fees on March 6, 2012. On March 29, 2012, the Kodiak Island Borough Finance Department sent a check in the amount of $3,430 to Helen Yngve's address and on March 27, 2012, the Kodiak Island Borough Finance Department sent a check in the amount of $655.60 to Helen Yngve's address? On April 3, 2012 Melvin M. Stephens had a total of $4,075.60 ( $3,420.00 + $655.60) • I Helen Yngve v. Kodiak Island. Borough, Superior Court Case No. 3K0-11-181 CI, District Court Case No. 3K0- 09- 99 -S0. 2 Order Vacating and Replacing Small Claims Court's Decision on Attorney's Fees, Superior Court Case No. 3K0 -11- 181 CI, District Court Case No. 3K0- 09- 99 -SC, dated December 30, 2011; Order Regarding Costs and Attorney;s Fees, Superior Court Case No. 3K0 -11 -181 CI, District Court Case No. 3K0- 09- 99 -SC, dated March 6, 2012. Both orders arecontained in Exhibit 1, the complaint, pages 14 through 27 and page 28. ' Exhibit 2, Copy of check #59943 from Kodiak Island Borough for $3,420 dated 3/29/2012; and Copy of check #59941 from Kodiak Island Borough for $655.60 dated 3/27/2012 (RID redacted in both cases). 13 -04 -POFD Jerome M. Selby v. Melvin M. Stephens 11 2 deposited into his bank account received from Helen Yngve. In 2011 and 2012 Melvin M. Stephens did not list any income from Helen Yngve or list her as a client. On February 19, 2013, the Alaska Public Offices Commission (APOC) Staff accepted a complaint from Jerome M. Selby, Kodiak Island Borough Mayor (Complainant) alleging that Melvin M. Stephens II (Respondent) violated disclosure laws by not reporting income from Ms. Helen Yngve, on his disclosure statements for 2011 and 2012. The complaint also alleged that Melvin M. Stephens II violated Conflicts of Interest issues, Duty of Loyalty issues, and Alaska Rules of Professional Conduct by representing clients Helen Yngve and Cedric Cutler in legal cases involving the Kodiak Island Borough. APOC Staff finds that Melvin M. Stephens II did not violate disclosure laws in report year 2011 or 2012 by failing to disclose the income received from Ms. Helen Yngve to the public as the income had not been received for the reporting periods noted in the complaint. ISSUES 1. Whether Mr. Stephens violated conflict of interest, duty of loyalty, or Alaska Rules of Professional Conduct. 2. Whether Melvin M. Stephens II failed to file accurate 2011 and 2012 disclosure statements when he omitted income information for Melvin M. Stephens I1 APC client Helen Yngve. BRIEF CONCLUSION 1. The allegations that Melvin M. Stephens II violated Conflicts of Interest, Duty of Loyalty, and Alaska Rules of Professional Conduct rules by representing clients in cases involving Kodiak Island Borough fall outside APOC'S jurisdiction. Mr. Stephens did not represent a client for a fee before the assembly- which could have been a prohibited act under 39.50. As a result, APOC staff takes no position on these matters and makes no recommendation to the Commission. 2. Melvin M. Stephens did file accurate 2011 and 2012 POFDs. He could not have disclosed the income received from Helen Yngve v. Kodiak Island Borough, because he received the income on April 3, 2012, which is outside the 2011 and 2012 report year disclosure requirements. In fact, the income is not due to be reported until the 2013 report which covers the financial activity for the calendar year 2012. FACTS Melvin M. Stephens I1 was first elected as a municipal officer of the Kodiak Island Borough in October 2011 and continues to serve as an assembly - person according to the Kodiak Island Borough website. He filed a candidate POFD on August 15, 2011 as required and filed 4 Exhibit 3, copy of Melvin M Stephens II APC First National Bank of Alaska Statement (PID redacted) and check register transaction record. 5 AS 39.50.050(d). 6 Kodiak Island Borough website, http:// www .kodiakak.us /index.aspx ?nid =92. 13 -04 -POFD Jerome M. Selby v. Melvin M. Stephens II 3 an annual report on March 14, 2012 as required. Both reports appear to be compliant. Municipal officials for Kodiak Island Borough are required to file as per 39.50 as the borough has not exempted its officers from filing by opting out of the requirements as per AS 39.50.145. Melvin M. Stephens II was retained in late 2010 to represent Helen Yngve in Helen Yngve v. Kodiak Island Borough. On December 30, 2011 Helen Yngve was awarded $3,430 against the Kodiak Island Borough as reasonable attorney fees with an additional $655.60 awarded on March 6, 2012. On March 17, 2012, the Kodiak Island Borough Finance Department sent a check in the amount of $655.60 to Helen Yngve's address. On March 29, 2012, the Kodiak Island Borough Finance Department sent a check in the amount of $3,430 to Helen Yngve's address. On April 3, 2012 Melvin M. Stephens had $4,075.60 deposited into his bank account from fees received of Helen Yngve in the form of Kodiak Island Borough checks. In the 2011 and 2012 report years Melvin M. Stephens received no income from Ms. Yngve, listed no income from her, and did not list her as a client. On February 19, 2013, the Alaska Public Offices Commission (APOC) Staff accepted a complaint from Jerome M. Selby, Kodiak Island Borough Mayor (Complainant) alleging that Melvin M. Stephens II (Respondent) violated AS 39.50 disclosure laws by not reporting income from Melvin M. Stephens II APC client Helen Yngve on his disclosure statements filed for 2011 and 2012. The complaint also alleged that Melvin M. Stephens II violated Conflicts of Interest issues, Duty of Loyalty issues, and Alaska Rules of Professional Conduct by representing clients Helen Yngve and Cedric Cutler in legal cases involving the Kodiak Island Borough. On February 27, 2013, in compliance with a request from APOC staff, Melvin M. Stephens allowed APOC Staff to review his bank statements (See Exhibit 3). On February 28, 2013, in compliance with a request from APOC staff, Mayor Jerome M. Selby allowed APOC Staff to review his bank statements and the Kodiak Island Borough records regarding transactions involving Helen Yngve (See Exhibit 7). On March 1, 2013, in compliance with a request from APOC staff Melvin M. Stephens allowed APOC staff to review his standard Attorney's Fee Agreement Pamphlet and a Memorandum to Glenn Yngve discussing representing his mother (See Exhibit 8). On March 6, 2013, Melvin M. Stephens responded to the complaint In his response, Stephens denied receiving any income from any lawsuits involving the Kodiak Island Borough, which were required to be disclosed, and were not disclosed, on any report or form he was required to file with Alaska Public Offices Commission. LAW AND ANALYSIS Melvin M. Stephens II did not violate public official financial disclosure laws by not reporting the income from Helen Yngve v. Kodiak Island Borough, or by not listing Helen Yngve as a clienton his 2011 and 2012. POFD's. 7 Exhibits 4 and 5. 8 Exhibit 6, Copy of Melvin Stephens 11 response to complaint, dated 3/6/2013. 15- 04 -PUFU Jerome M. Selby v. McIvin M. Stephens 11 4 Public officials are required to file an annual statement no later than March 15th in each following year. Each statement filed by a public official or candidate under AS 39.50.030 requires that all sources of income over $1,000 during the preceding calendar year, including taxable capital gains, gifts from a single source with a cumulative value exceeding $250 in a calendar year, that was received by the person, the person's spouse or domestic partner, or the person's dependent child be reported in accordance with AS 39.50. Melvin M. Stephens I1 did not receive income from Helen Yngve in 2010, the calendar year preceding 2011, or in 2011, the calendar year preceding 2012; therefore he could not report the income that was received in calendar year 2012. There may be some question about reporting the fees from Ms. Yngve. It appears from a January 26, 2012 e -mail that Kodiak Island Borough felt that the Ms. Yngve had already paid Mr. Stephens. Mr. Stephens did not bill Ms. Yngve, and did not receive payment until attorney's fees were settled. In this case the POFDs filed were filed appropriately since income from contingency fees is not reported until received.' 1 CONCLUSION 1. Melvin M. Stephens II does not have a requirement to disclose income received from Helen Yngve in his report filed in 2011 covering the report year 2010, or in his report filed in 2012, covering report year 2011. If he is required to file a POFD covering calendar year 2012, he would be required to report that information as per 2 AAC 50.704. RECOMMENDATION Melvin M. Stephens II did not violate AS 39.50 and therefore staff recommends that the complaint against Mr. Stephens be dismissed. s AS 39.50.030 10 AS 39.50.030(b)(1). 11 2 AAC 50.704(1). 13 -04 -POFD Jerome M. Selby v. Melvin M. Stephens 11 5 1 hereby certify that on this date, I caused a true and correct copy of the foregoing 13-04 - POFD to be delivered as indicated to the following: E Email Jerome Selby ❑x First Class Mail 710 Mill Bay Road Fax • Kodiak, AK 99615 Jerome.selby@kiassembly.org njavier @kodiakak.us Melvin M. Stephens II ❑O Email 326 Center Avenue, Suite 90A O First Class Mail Kodiak, AK 99615 Fax Melstephens @kiassembly.org mmstep @gci.net frA WI — July Lam Date Alaska Public Offices Commission Associate Attorney 1 Appendix 1 Applicable Law Statutes Sec. 39:50.030, Contents of statements. (a) Each statement must be an accurate representation of' the financial affairs of the public official or candidate and must contain the same information for each member of the person's family, as specified in (b) and (d) of this section, to the extent that it is ascertainable by the public official or candidate. (b) Each statement filed by a public official or candidate under this chapter must include the following: (I) for all sources of income over $1,000 during the preceding calendar year, including taxable capital gains, and for all gifts from a single source with a cumulative value exceeding $250 in a calendar year, received by the person, the person's spouse or domestic partner, or the person's dependent child, (A) each source of the income or gift; (B) the recipient of the income or gift; (C) the amount of the income or value of the gift; 13 -04 -POFD Jerome M. Selby v. Melvin M. Stephens II 6 (D) a brief statement describing whether the income was earned by commission, by the job, by the hour, or by some other method; (E) the approximate number of hours worked to earn the income; and (T) unless required by law to be kept confidential, a description sufficient to make clear to a person of ordinary understanding the nature of each service performed and the date the service was perfoimed; (2) the identity, by name and address, of each business in which the person, the person's spouse or domestic partner, or the person's dependent child has an interest or was a stockholder, owner, officer, director, partner, proprietor, or employee during the preceding calendar year, except that an interest of less than $1,000 in the stock of a publicly traded corporation need not be included; (3) the identity and nature of each interest in real property, including an option to buy, owned at any time during the preceding calendar year by the person, the person's spouse or domestic partner, or the person's dependent child; (4) the identity of each trust or other fiduciary relationship in which the person, the person's spouse or domestic partner, or the person's dependent child held a beneficial interest exceeding $1,000 during the preceding calendar year, a description and identification of the property contained in each trust or relation, and the nature and extent of the beneficial interest in it; (5) any loan or loan guarantee of more than $1,000 made to the person, the person's spouse or domestic partner, or the person's dependent child, and the identity of the maker of the loan or loan guarantor and the identity of each creditor to whom the person, the person's spouse or domestic partner, or the person's dependent child owed more than $1,000; this paragraph requires disclosure of a loan, loan guarantee, or indebtedness only if the loan or guarantee was made, or the indebtedness incurred, during the preceding calendar year, or if the amount still owing on the loan, loan guarantee, or indebtedness was more than $1,000 at any time during the preceding calendar year; (6) a list of all contracts and offers to contract with the state or an instrumentality of the state during the preceding calendar year held, bid, or offered by the person, the person's spouse or domestic partner, or the person's dependent child, a partnership, limited liability company, or professional corporation of which the person is a member, or a corporation in which the person or the person's spouse, domestic partner, or dependent child, or a combination of them, hold a controlling interest; and (7) a list of all mineral, timber, oil, or any other natural resource lease held, or lease offer made, during the preceding calendar year by the person, the person's spouse or domestic partner, or the person's dependent child, a partnership, limited liability company, or professional corporation of which the person is a member, or a corporation in which the person or the person's spouse, domestic partner, or dependent child, or a combination of them, holds a controlling interest. (c) [Repealed, Sec. 26 ch 25 SLA 1975]. (d) In addition to the requirements of (b) of this section, each statement filed under this chapter by a public official in the executive branch of state government other than the chair or a 13 -04 -POFD Jerome M. Selby v. Melvin M. Stephens 11 7 member of a state commission or board must include a disclosure of the formation or maintenance of a close economic association involving a substantial financial matter as required by this subsection. The disclosure must be sufficiently detailed so that a reader can ascertain the nature of the association. A public official shall disclose a close economic association with (1) a legislator; (2) a public official who is not an elected or appointed municipal officer; (3) a lobbyist; or (4) a public officer if the person required to make the disclosure is the governor or the lieutenant governor. (e) If a public official required to disclose a close economic association under (d) of this section forms a close economic association after the date on which the public official files the financial disclosure statement required by (a) of this section, disclosure of the association must be made to the commission within 60 days after the formation of the association. (f) When making a disclosure under (d) of this section concerning a relationship with a lobbyist to whom the public official is married or who is the public official's domestic partner, the public official shall also disclose the name and address of each employer of the lobbyist and the total monetary value received from the lobbyist's employer. The public official shall report changes in the employers of the spouse or domestic partner within 48 hours after the change. In this subsection, "employer of the lobbyist" means the person from whom the lobbyist received money, or goods or services having a monetary value, for engaging in lobbying on behalf of the person. (g) The requirements in this section for disclosures related to a person's domestic partner do not apply to an elected or appointed municipal officer. (h) In this section, (1) "close economic association" means a financial relationship that exists between a public official required to disclose a close economic association under (d) of this section and some other person or entity, including a relationship where the public official serves as a consultant or advisor to, is a member or representative of, or has a financial interest in an association, partnership, limited liability company, business, or corporation; (2) "lobbyist" has the meaning given in AS 24.60.990 (a); (3) "public officer" has the meaning given in AS 39.52.960 . Sec. 39.50.050. Administration and inspection. (a) The Alaska Public Offices Commission created under AS 15.13.020(a) shall administer the provisions of this chapter. The commission shall prepare and keep available for distribution standardized forms on which the reports required by this chapter shall be filed. The commission shall print the forms provided under this section so that the front and back of each page have the same orientation when the page is rotated on the vertical axis of the page. The commission shall require that the information required under this chapter be submitted electronically but may, 13- 04 -POFD Jerome M. Selby v. Melvin M. Stephens II 8 when circumstances warrant an exception, accept any information required under this chapter that is typed in clear and legible black typeface or hand - printed in dark ink on paper in a format approved by the commission or on forms provided by the commission and that is filed with the commission. A municipal officer for a municipality with a population of less than 15,000 shall submit information required under this chapter either electronically or typed or hand - printed in the manner described in this subsection. (b) The commission shall adopt regulations to implement and interpret the provisions of this chapter. Regulations or interpretation shall be within the intent and purpose of this chapter and are subject to judicial review under AS 44.62 (Administrative Procedure Act). (c) Reports filed under this chapter shall be kept on file for at least six years and are public records. (d) [Repealed, Sec. 35 ch 126 SLA 1994]. Sec. 39.50.05.5. Administrative complaints. (a) A person may file a written complaint alleging a violation of this chapter has occurred or is occurring. (b) Complaints filed under (a) of this section must be filed within five years after the date of the alleged violation. (c) If a member of the Alaska Public Offices Commission files a complaint, that member of the commission may not participate in any proceeding of the commission relating to the complaint. Sec. 39.50.100. Enforcement by private citizens. (a) A qualified Alaska voter may bring a civil action to enforce any of the sections of this chapter. (b) An action brought under (a) of this section must be brought within five years after the date of the alleged violation. Regulations 2 AAC 50.700. Reporting self - employment and business income (a) In a disclosure statement required under AS 24.60.200 or AS 39.50.020 , a legislative branch filer, public official, or candidate who is self - employed by means of a sole proprietorship, partnership, limited liability company, or professional corporation shall report the applicable information required in AS 39.50.030 (b)(1) for each source of income as provided in AS 39.50.200 (10). (b) A legislative branch filer, public official, or candidate who is self - employed by a corporation in which the legislative branch filer, public official, or candidate holds a controlling interest shall report the applicable information required in AS 39.50.030 (b)(1) for each source of income as provided in AS 39.50.200 (10). In this subsection, "controlling interest" means the legislative 13- 04 -POFD Jerome M. Selby v. Melvin M. Stephens 11 9 branch filer, public official, or candidate, alone or in combination with one or more family members, controls (1) 50 percent or more of the ownership interest or voting shares of the corporation; or (2) less than 50 percent if the legislative branch filer, public official, or candidate and all family members of the legislative branch filer, public official, or candidates jointly exert actual control as demonstrated by (A) making decisions for the corporation without independent participation of other owners; (B) exercising day -to -day control over the corporation's affairs; (C) disregarding formal legal requirements; (D) using corporation funds for personal expenses or investments, or intermingling corporation finances with personal finances; or (E) taking other actions that indicate the corporation is a mere instrumentality of the legislative branch filer, public official, or candidate. (c) A legislative branch filer, public official, or candidate who has an ownership interest in, but is not self- employed by means of, a business that is a source of income shall report income from that business as provided in 2 AAC 50.685(a) . (d) Nothing in this section requires a business to keep records that identify each client, patient, or customer in a transaction involving less than $1,000 if the business does not record the names of customers in the ordinary course of its business, or for accounting or any other purpose required by law. History: Eff. 12/22/2011, Register 200 Authority: AS 15.13.030 AS 24.60.200 AS 24.60.220 AS 39.50.020 AS 39.50.030 AS 39.50.050 2 AAC 50.870. Complaints (a) A person, including a member of the commission or the staff, may file a complaint alleging a violation of AS 15.13. AS 24.45, AS 24.60.200 - 24.60 260, AS 39.50. or this chapter. (b) A complaint under this section must be in writing, and must be signed, under oath and upon penalty of perjury, before a notary public, municipal clerk, court clerk, postmaster, or other person authorized to administer oaths. The complaint may be on a form provided by the commission or in any other form that provides the following information: (1) the full name, mailing address, and telephone number of the complainant; (2) the name of the person alleged to be in violation; (3) the statute or regulation alleged to be violated; 13 -04 -POFD Jerome M. Selby v. Melvin M. Stephens II 10 (4) a clear and concise description of facts that, if true, would violate a provision of AS 15.13, AS 24.45, AS 24.60.200 - 24.60 260, AS 39.50, or this chapter; (5) the basis of the complainant's knowledge of the facts alleged, including those based on personal knowledge and those based upon other sources of information and belief; (6) relevant documentation or other evidence that is available to the complainant; and (7) proof that a copy of the complaint and documentation was mailed or delivered to the person alleged to be in violation. (c) No later than one day after receiving a complaint, the staff shall determine if the complaint (1) is signed and notarized under oath; (2) contains the information required in (b) of this section; (3) alleges facts that, if true, would be a violation of AS 15.13, AS 24.45, AS 24.60.200 - 24.60 260, AS 39.50, or this chapter; and (4) alleges a violation that occurred within the last five years. (d) If the staff determines that the complaint does not meet all the criteria of (c) of this section, the staff shall, no later than one day after receiving the complaint, reject the complaint, and notify the complainant, the person alleged to be in violation, and the commission of the rejection and the reason. A person that filed a complaint rejected by the staff may file a written request asking the commission to review the rejection. The commission will review the complaint and the reasons for the staffs rejection of the complaint at the next regularly scheduled commission meeting unless, in its discretion, the commission schedules the matter for a special meeting. The commission will (1) affirm the staffs rejection of the complaint; or (2) find that the complaint meets the criteria in (c) of this section, and either set a hearing for expedited consideration or direct the staff to conduct an investigation. (e) If the staff determines that the complaint meets all the criteria of (c) of this section, the staff shall, no later than seven days after receiving the complaint, notify the complainant, the person alleged to be in violation, and the commission. The notice must include the statement that the person alleged to be in violation may file a written answer no later than 15 days after the date of the notice. The staff shall investigate the complaint as set out in 2 AAC 50.875. History: Eff. 12/22/2011, Register 200 Authority: AS 15.13.030 AS 15.13.045 AS 15.13.380 AS 15.13.390 AS 24.45.021 AS 24.45.031 AS 24.45.131 AS 24.45.135 AS 24.60.220 AS 24.60.225 AS 39.50.050 AS 39.50.055 • MELVIN M. STEPHENS, 11 • PROFESSIONAL CORPORATION ATTORNEY AT LAW 326 CENTER AVENUE, SUITE 90A P.O. 80X 1129 KODIAK, ALASKA 99615 TELEPHONE 19071 486-3143 January 18, 2012 Wohlforth Johnson Brecht Cartledge Brooking PC 900 West 5th Avenue, Suite 600 Anchorage, AK 99501 -2048 Attu.: Cheryl Brooking via e -mail to cbrookingakattv.com Re: Helen Yngve v. Kodiak Island Borough Superior Court Case # 3K0 -11 -181 CI District Court Case 11 3K0 -09 -99 SC Dear Ms. Brooking: To put your e-mail of yesterday afternoon in context, let us review the conduct of your law • firm in this matter. In late November of 2010 your firm sought to satisfy an outstanding judgment which the Kodiak Island Borough had obtained against Glenn and Pam Yngve by serving a writ of execution on several different banks. This resulted in the seizure of $13,235.16, or exactly twice what Glenn and Pani owed on the judgment, from three different bank accounts. One of those bank accounts • was a joint account between Glenn and his 88 -year old mother, Helen Yngve, from which a total of $6,617.58 was seized. All of the money in that account was owned by Helen. Glenn's name was on the account solely as a matter of convenience, a common arrangement between an adult child and an aging parent. At the time of the levy, your firm did not know that the account contained only Helen's funds, but it was promptly advised of the true state of affairs when Helen Yngve called, spoke with Clyde Hutchins, and asked that the $6,617.58 seized from her account be returned. Mr. Hutchins did not ask Helen Yngve for any details as w the source of the funds in the joint account. He simply refused to consider returning any of them despite the fact that, had he done so, the funds remaining before the court would have been enough fully to satisfy the judgment. This effectively required Helen Yngve to retain legal counsel, i.e., tne. The very first thing I did upon being retained by Helen Yngve was w send Mr. Hutchins a letter from Deborah Olson, an Assistant Vice - President with FNBA, confirming that Helen Yngve was the primary account holder with respect to the account here in question and that all interest earned on that account was paid to her as opposed to Glenn Yngve. I repeated Helen's request that her funds be returned and offered to stipulate that there would be no award of costs or attorney's fees as between the Borough and Helen. Once again Mr. Hutchins refused. LL mJ I X W U , 0- 0- Cheryl Brookine -2- January 18, 2012 I then sent Mr. Hutchins a detailed affidavit. signed by Helen, explaining how the joint account between her and Glenn had come about, and 1 cited to him legal authority for the proposition that. in the vast majority of jurisdictions, a judgment creditor may not reach funds in a joint bank account between a judgment debtor and an innocent third party if those funds are, in tact, owned by the innocent third party. This failed to alter your firm's refusal to return Helen's money, thus requiring that everyone proceed with a formal exemption hearing before the magistrate here in Kodiak. Mr. Hutchins flew down from Anchorage for that hearing (at the Borough's expense, of course) hut was unable effectively to challenge either Helen Yngve's claim of ownership to the funds seized from her joint account with Glenn or the legal authority which dictated that those funds be returned to her. As a result of the hearing, all $6,617.58 seized from Helen's account was ordered returned to her. An additional $4.740.21 seized from an account owned by Margaret Yngve, the daughter of Glenn and Pant, was ordered returned to Margaret. Thus the result of the overly aggressive and financially unreasonable approach of your law firm was that $11,357.79 out of 513,235.16 which had been seized tinder the writs of garnishment was ordered returned to the rightful owners. Following the exemption hearing 1 advised Mr Hutchins that I had devoted more than 23 hours to Helen's case and proposed that. rather than expend further time and expense on a formal motion for attorney's fee, we stipulate that Helen would receive a tee award of $1,000.00. Once again, Mr. Hutchins refused even to discuss the matter, forcing a formal motion for fees to which he responded with a 10 -page opposition. The Magistrate awarded Helen Yngve only 5200.00 in fees, following which I advised Mr. Hutchins that Helen Yngve had authorized me to appeal that award to the superior court. I repeated the offer to settle for an award of 51.000.00. Once again, Mr. Hutchins took a hard line, resulting in the preparation and filing of opposing memorandums on appeal. The appellate briefing process was completed by mid -July of last year. at which point there was nothing for either side to do hut wait for the decision on appeal, which was issued this past December 30. That decision was, of course, favorable to Helen Yngve and adverse to the Borough, as the 5200 fee award was vacated and replaced with one of 53,420.00. In the interim. I was elected to the Borough Assembly. 1 took office in late October and approximately three weeks later you called to complain that I had a conflict which required me to withdraw from another case which your law firm was not handling for the Borough and which was then at the briefing stage on appeal before the Alaska Supreme Court. Your most recent e -mail materially misrepresents our conversation at that time. In point of fact I took issue with your conclusion that I had a conflict but told you that 1 intended to withdraw as soon as competent and satisfactory substitute counsel could be found for my client and therefore saw no point in debating the matter. r The point, however. is that. at that time, i.e.. last November, neither you nor anyone associated with the Borough expressed any concern about my representation of Helen Yngve despite the fact that your firm was representing the Borough in her fully briefed case, which was awaiting x w CL Cheryl Brooking -3- January 18, 2012 a decision on appeal. Now that that case has been decided in a manner adverse to the Borough, however, you react with all too convenient horror at the fact that I have filed a routine bill of costs and a brief memorandum simply asking the court whether its failure to mention, one way or the other. costs and fees on appeal (as is contemplated by the relevant appellate rule), was intentional or merely an oversight. The point of my outlining in some detail the history of this case is to highlight the absolutely appalling judgment and litigation tactics which your firm exercised and pursued. Having elected, at each and every turn, to adopt the course of action which would maximize attorney's fees and expenses, and having ultimately. and predictably, secured a recovery for the Borough which was dwarfed several times over by the fees and expenses which you generated, you now choose to allege wrongdoing on my part as a means of diverting everyone's attention from the disaster over which you presided. I find that unacceptable and 1 categorically reject your inference that my filing of a routine bill of costs and post - decision memorandum seeking clarification of the appellate court's intentions was in any way questionable. I do not intend to withdraw either document. If, however, the Borough promptly remits a check for $3,420 and agrees that this case is over, once and for all, Helen Yngve would be happy to enter into a stipulation to that effect, thus rendering the recent filings moot. I encourage you to consider the benefits of such a course of action. I would also be glad to sit down with you and the Assembly at an open public meeting and discuss our differing views on relevant topics, including whether or not my election to the Assembly constitutes a Get Out of Jail Free card for the Borough with regard to any cases I was handling at that time. Let me request that you arrange for a copy of this letter, along with the December 30 decision of Judge Cole, to be distributed to the Borough Assembly. Sincerely, i l' s/�4 Melvin M. Stephens, I 0 I 1 c blr:l.v1N M. SrEPII II a P9o![SSIONA[ COnnon<liOi ATTORNEY AT LAW • 326 CENTER AVENUE. SUITE BOA P.O. BOX 1129 . KODIAK, ALASKA 99615 TELEPHONE 13071 406.3148 January 19. 2012 • \Vohlforth Johnson Brecht Cartledge 13rooking 1'C 900 West 5th Avenue, Suite 600 Anchorage. AK 99501-2048 Attn.: Cheryl Brooking via e -mail to cbrookin2 akattv.com Re: Helen Yngve v. Kodiak Island Borough Superior Court Case 11 31<0 -11 -181 CI District Court Case N 3K0 -09 -99 SC Dear Ibis. 13rooking: lipon further consideration 1 would like to amend my e -mail to you of yesterday, January 18, in the following respect: 1 expressed a mere willingness to sit down with you and the Assembly at an open public meeting to discuss matters relating to the Yngve and Cutler cases. I Feel I should have been stronger. It is in fact my desire and request that such a meeting he arranged. Please pass this request on to the Manager, Mayor and Assembly. Sincerely, Melvin M. Stephens, 11 u. 0 w C7 7 , Nova Javier . / From Cheryl Brooking <CBrooking @akatty.com> Sent: Thursday, March 07, 2013 3:31 PM To: Javier Nova <njavier @kodiakak.us Cc: Cassidy Bud <bcassidy @kodiakak.us Subject: Regulation pertaining to APOC disclosure requirements ' Nova, Here is pertinent language from State APOC disclosure regulations: 2 AAC 50.695. Reporting deferred income (a) In a disclosure statement required by AS 24.60.200 or AS 39.50.020, a legislative branch filer, public official, or candidate shall report any source of income earned but deferred for payment after the end of the reporting period. (b) Income reported as deferred when earned must also be reported as income in the year the money or item of value is received. (c) This section does not apply to earned income that a legislative branch filer, public official, candidate, or family member of the legislative branch filer, public official, or candidate voluntarily elects to defer into a tax - advantaged retirement savings plan, including a plan under 26 U.S.C. 401(k), a plan under 26 U.S.C. 403(b), an individdal retirement account under 26 U.S.C. 408 (IRA), and a deferred compensation plan under 26 U.S.C. 457 of,a state or local government or tax - exempt organization. An interest in a tax - advantaged retirement plan must be reported as a beneficial interest under AS 39.50.030 (b)(4) and 2 AAC 50.712. • Subsections (a) and (b) of this regulation are relevant. I spoke to Jerome and his intent is to keep this agenda item short on tonight's meeting. The purpose is to inform the Assembly, but not to hold a hearing or debate on the matter. Please let me know if you hear from APOC today. Thanks. Cheryl Brooking, Esq. Wohlforth, Brecht, Cartledge & Brooking 900 W. 5th Avenue, Suite 600 Anchorage, AK 99501 phone: 907.276.6401 fax: 907.276.5093 NOTICE: This communication is confidential, is intended only for the named recipient(s) above and may contain information that is privileged, attorney work product or otherwise protected by applicable law. If you are not the intended recipient or believe that you may have received this communication in error, please notify the sender and delete this e -mail. Unintended recipients of this e-mail should not print, copy, retransmit, disseminate or otherwise use the information. ANY FEDERAL TAX ADVICE CONTAINED IN THIS MESSAGE SHOULD NOT BE USED OR REFERRED TO IN THE PROMOTING, MARKETING OR RECOMMENDING OF ANY ENTITY, INVESTMENT PLAN OR ARRANGEMENT, AND SUCH ADVICE IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, BY A TAXPAYER FOR THE PURPOSE OF AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE. 1 i - or T Department of Administration y w ���y /�� THE STATE F —j&tt4 p fALASKA ALASKA PUBLIC OFFICES COMMISSION 2221 E. Northern Lights Blvd., Rm. 128 tilh t _=_. _ Anchorage, AK 99508 -4149 ! GOVERNOR SEAN PARNELI, Main: 907.276.4176 o F Toll free in Anchorage: 800.478.4176 aSI‘ Email: doa.apoc.reports @alaska.gov www.doa.a las ka. g ov /apoc February 19, 2013 VIA CERTIFIED MAIL AND EMAIL - ECEI Melvin M. Stephens, II 326 Center Avenue, Suite 90A Kodiak, AK 99605 FEB 2 5 2013 mel.stephens @kibassemblv.org; mmstep @gci.net - K.. ALASK Re: 13- 04 -POFD Jerome M. Selby v. Melvin M. Stephens, II Dear Melvin Stephens II: A complaint has been filed by Jerome M. Selby against you, alleging violations of AS 39.50, Alaska's public official financial disclosure law. This notification includes a copy of the complaint and supporting documents. As the Respondent, you have the right to file a response within 15 days of this notification. Your response may respond to the allegations, state any defenses to the allegations, object to the complaint and include any relevant documentation, as provided under AS 39.50 and 2 AAC 50.680 -799. Your response is a public document. APOC staff will conduct an investigation as provided in AS 39.50.055, 2 AAC 50.680 -799, and 2 AAC 50.806 to collect factual information, prepare a summary, and present recommendations to the Commission. Staff will provide you with a copy of the report. The Commission may (1) assess a civil penalty if the evidence supports a violation, (2) dismiss the complaint if the evidence does not support a violation, or (3) approve a consent agreement if the APOC staff and the Respondent agree to a resolution. The Commission may also refer the case to the Attorney General. If the Commission schedules a hearing, you may participate in person or by phone. After the investigation concludes, the case file becomes a public document. Please submit your answer to the Anchorage APOC office with any relevant supporting documents by March 6, 2013. If you have any questions, please contact us. Thank you for your cooperation. Sincerely, July R. La Alaska Public Offices Commission Associate Attorney I July.lam @alaska.gov Enclosures: Complaint 13 -04 -POFD cc: Jerome M. Selby, Complainant Paul Dauphinais, Executive Director Jerry Anderson, Assistant Director John Ptacin, Assistant Attorney General I hereby certify that on this date, I caused a true and correct copy of complaint 13- 04-POFD to be delivered as indicated to the following: Melvin M. Stephens 11 in Email 326 Center Avenue, Suite 90A © First Class Mail Kodiak, AK 99615 ❑ Fax mel.stephens kibassemblv.ore; mmstep @gci.net Jerome M. Selby ❑x Email 710 Mill Bay Road © First Class Mail Kodiak, AK 99615 ❑ Fax Ierome.selbv @kibassemblv.org 2/19/2013 July R. Lam Date Alaska Public Offices Commission Associate Attorney 1 Alaska Public Offices Commission • : APSC APOC I COMPLAINT' '-',""j FILING A COMPLAINT APOC L ALLEGEDLY`VIOLATED i z Z , �` r; , , .4P OC ca , -b �o e a tiornplair must include ' $pef5t sec po o riSR i fiorl ;,; '4 1. Complainant's name + contact info Campaign ❑ AS 15.13 k. i 2. Respondent's name + contact info Disclosure Law ❑ 2 AAC 50.250 -405 am : 3. Laws, regulations allegedly violated Public Official ❑ AS 39.50 3 4. Description of allegations Financial Disclosure O 2 AAC 50.680 -799 5. Basis of knowledge of alleged facts x oa 6. Documentation to support allegations Legislative Financial ❑ AS 24.60 . 7. Notarized signature of the complainant Disclosure ❑ 2 AAC 50.681 799 r E; t1 9 111 8. Proof that complaint and all supporting Lobbying Regulation ❑ AS 24.45 documents were served an respondent ❑ 2 AAC 50.550-590 ' .A?CCIH Jfcomplamt meets regmrements for acceptance APOC wiIHnvesbgateIbe allegations and notify fhe responders of the right to re APOC will notf .; Compfalnant end Respondent when APDC.accepts or tajeds a complaint "" 3 : " Jac „ •COMPLAINANT „_ ' "; RESPONDENT Pe so n orgroiip ei/e violating wwi ;Person If Parson �esti _ Jerome M. Selby Melvin M. Stephens, II c yj�P P 710 Mill Bay Road, Kodiak, AK 99615 326 Center Avenue, Suite 90A, Kodiak, AK 99615 hhone/F2x _-`.' (907) 4864833 / (907) 486 -3391 (907) 486 -3143 / No Fax Number E-mail lerome.selby @kibassembly org mel_stephens@kibassembly.org / mmstep@gci.net COIMPLAINANT'S REPRESENTATIVE ""' , # RESPONDENT'S - REPRESENTATIVE ; W itIniaoW orraspaideritu 'politicatpertyorgtouP;yist co me" person ifcotrip12 1nahtarrespondsMfsrepresenteiiby atieii4y, /istname+ mct Sb Namelftte =. Address ilierdFax,'_f E -malt DESCRfPTIL274oiS I MARwotALLEGEfl 03,,Ll4T70 tea ' ; ' "" ® S. EIPPORTitoDOGV ,MENTS' C1ESICa$E' Income from lawsuits against the Kodiak Island Borough was nol reported 2011 APOC Disclosure Form (for 2010) exhae- 2012 APOC Disdosure Form (for 2011) Page If Correspondence Relevant Court Filings = PROOF of S ERVICE ATTACHED z ❑ Fax = 'receipt confirmation 0 "Certified mail = signed receipt° , . ! IU Process server = return, of service CI E DI a i I - deliveryhead=receipt..Q Other _ COMPLAINANT'S SWORN STATEE To the best of + fi - .i�4,�.� 'i i belief thesestatements are true Signature r c re O r / � 9 ,,, � r aNio / Date 2]1 t /t 3 CTlt,1 i. Stibsenkgdari3 omtO9ir416ririat$ me - m f ; on t0 halaCyW ��/� � Borough Clerk Signature YVl' r r � � 4 ,4,. � .c APOC COMPLAINTS RESPO r l YESnCA JON.IE:*PO '&-COMM ONACTIONS4RF PUBLIC DOCUMENTS >• : ...�, z � ; . , I APOC ANCHORAGE i , A U - -APOC COMPLAINT PRO 2 MC50 450 476 i 2221E NORTHERN LIGHTS #128 1 240 MAIN STREET #500 1 ANSWENG COMPL 4 0 50,880 ANCHORAGEE ... .._.. FILING COMPLAINTS . 2AAC 50 870 � , AK 99508 1 P,O. BOX 110222 1 APOC CRITERIA for ACCEPTING COMPLAINTS- RI 2 ' � j,I � ®y * � a 907-276-4176 / FAX 907-276-7018 I JUNEAU, AK 99811 [INVESTIGATIONS & HEARINGS: 2 AAC 50.875-891 . \I TOLL -FREE 800-478 -4176 465 -4864 /FAX 4654832 [ RULES for REQUESTING EXPEDITED CONSIDE II/ :I r, WEB httn / /doa.alaska eov /snot/ I APOC FORMS: h //d la a ov /a oo/fo s a I h tml APOC LAWS: htt / /dos C er a.r r n i� Wt ih■tigE P 1 / 4 V 7/.. t it ttttttttt Alaska Public Offices Commission — Complaint Form (Rev. Feb. 2011) Feb 1513 04:50p Sheri Greene 907 - 486 -6252 p.1 ACA PROCESS SERVICE PO 130X 8893 KODIAK, AK 99615 907 -486 -5803 entail: rrkcreditngencyg cLnet Plaintiff, Vs • Defendant Case# l • Attorney firm /party requesting service Ch • u % f:. • , ¥ BcoOk.t nC Mail address Cleo jja� >4 5 " U2 - u, a• :. „• . " 95) / / Telephone — 10401 Fax 90 '76- ; List all documents to serve: A ao.v. p 14 trE rig //• ► _ Serve on Meh _51-Q ens • SSN Id/Drivers License # Phone 907 47;6_3 14._ Residence Address Business/ Work _J LLttt4¢ 5 l enack S, r1t cf" tlo o t aK. °L4 to IS Additional directions Return of service 1, the undersigned, hereby certify and return that 1 served the above listed documents, lit the above captioned matter, by personally handing to and leaving a true and copy with: , 0-1." 3 10 �n 5" S u.�C �O A [X] the person named above; Me.lotri cp t [ ] of he defendant, a person of suitable age and discretion who resides with the person named above; at in Kodiak, Alaska, on . a5 X013 : at3', 30 �.m. [ 3 unable to serve doctents / t • •cess Server Signature 2 �+t��zeenQ Process Server Print name SHERYL GREENE Not Com Commission State Alaska 15100 Subs; i ∎ed 1 h d swo t to or affirmed before the at Kodiak, AK My Commission Expires on a• 15 .29! a (date) _ .. November 28, 2013 _ Notary Public or Clerk of Court My commission expires: 11 jag ` •** 4*#*** 4******. . **** *** ** *”.. ** * *.* * *•*x ****** Fitt **. *.Y * * **- nv***Y+'t. *n* **tit *• Fees: Service fee eS ,: ,Mileage Invest ication Fee Hours after two ' ' t � Miles after 25 Other costs Total fee for process S 6sr FEB • • 13 `,3 i WOHLFORTH I BRECHT I CARTLEDGE I BROOKING • A PROFESSIONAL CORPORATION Julius .1. Brecht TELEPHONE Cheryl Rawls Brooking 907.276.6401 Cynthia L. Cartledge ATTORNEYS AT LAW Claire F. Oe Witte 900 WEST 6TH AVENUE, SUITE 800 FACSIMILE Michael Gatti 907.276.5093 Leila R. Kimbrell ANCHORAGE, ALASKA 99601-2048 Mary B. Finkel WESSITE Eric E. WohlfOrth WWW.AKATTY.COM MEMORANDUM TO: Jerome Selby, Borough Mayor FROM: Cheryl Brooking, Borough Attorney DATE: January 31, 2013 SUBJECT: Conflicts of Interest and APOC Disclosure Issues I initially spoke with Mel Stephens by phone on November 16, 2011, about the Cutler v. KIB case. (At that time I was not aware he was still representing Yngve in a lawsuit against the Borough.) He told me it was always his intent to withdraw if he was elected, and that the only action he had taken since being sworn in as a Borough Assembly member was to reject a settlement offer. Later I learned that Mel filed an appellate brief on November 15, 2011, the day before he told me he had taken no substantive action. A few weeks later, he withdrew from the case and another attorney was substituted. I was prepared to discuss this with the Assembly in executive session on December 1, but Mel had withdrawn and I did not know then he had filed a brief or that he had another case pending against the Borough. Thinking that all matters were resolved, and not being aware of the potential APOC disclosure violation, the matter was temporarily dropped. In January 2011, Mel filed his request for fees in the Yngve case. He sought $5,640 in attorney fees to make his client whole. Of that amount, he reported to the court that $4,600 was incurred by his client in 2010. This was not reported as income in 2010 on his APOC disclosure form, and Mel was.contihuing to represent a party in litigation against the Borough while he was an elected member of the Assembly. I again called him to express my concerns about conflicts of interest, violation of the duty of loyalty, and violations of the Alaska Rules of Professional Conduct (1.7(a)(2), 1.9(a), 1.11). At this time I also asked him why he had not reported, in his APOC disclosure, the 2010 income that he was now seeking to recover for his client. He would not take my phone calls and wrote asking that we communicate only in writing. He expressed confusion about my request, so I sent him a copy of his APOC disclosure form and my detailed questions in writing. In December 2011, the court awarded $3,420. In March 2012, Mel filed his APOC disclosure form covering calendar year 2011, but there is no mention of either the Cutler or Yngve cases. I followed up several times asking for a response and explanation regarding his involvement in both cases, but to date he has not responded to my requests. 609.041410101001M Confldsw12 Selby Re APOC Ou stbM. FEB es 213 ALASKA PUBLIC OFFICES COMMISSION �1 j r El l I cr 2011 FINANCIAL DISCLOSURE STATEMEN, - � Covers the reporting period Jan. 1, 2010– Dec. 31, 2070 i ` FINANCIAL DISCLOSURE STATEMENT FOR: (`j ! `r r,l.c 1 S 2011 PUBLIC OFFICIALS, LEGISLATORS & CANDIDATES! 1 _ _ ff� I1 l(` ff b�i ;.. `.` .,� t EXECUTIVE BRANCH; Governor, Lt. Gov., commissioners, directors, special assistatfts arid'ILg I C. S ` I I I liaisons; state boards and commissions; procurement and investment officers; city/borough officials; candidates. JUDICIAL BRANCH: Justices, judges and magistrates. LEGISLATIVE BRANCH: Legislators, legislative d Select Committee on Legislative Ethics. FOR MORE INFORMATION, INSTRUCTIONS, BLANK FORMS, SAMPLE FORMS & QUESTIONS: Visit APOC online at: doa.alaska.gov /apoc. • To find detailed instructions and sample disclosures, under the heading "How Do I..." click "Complete my initial, annual or final Public Official Financial Disclosure Statement" • To find blank Financial Disclosure forms for public officials and legislators, under the heading "Quick Links" click "APOC Forms ". • To find the laws and regulations that APOC administers and enforces, there is a Zink to "Statutes" or "APOC Statutes & Regulations" throughout the APOC Web site. Contact APOC directly: • ANCHORAGE: 2221 E. Northern Lights Blvd., Room 128, Anchorage, AK 99508 / 907-2764176 / Fax 907- 276 -7018 • JUNEAU: 240 Main St, Room 500 / P.O. Box 110222, Juneau, AK 99811 / 907.465 -4864 /Fax 907 - 4654832 • TOLL -FREE: 800-478-4176 / Online contact info: http://doa.alaska.gov/apoc/ THIS IS A PUBLIC DOCUMENT — DO NOT INCLUDE CONFIDENTIAL INFORMATION (i.e., SOCIAL SECURITY NUMBERS, ACCOUNT NUMBERS) THIS REPORT IS A SWORN STATEMENT. YOUR SIGNATURE ON THE LAST PAGE CERTIFIES I THAT THIS DISCLOSURE IS TRUE, CORRECT and COMPLETE. NAME: .0 71 e) I/, Al pi ¶te7Kr.l✓s -Tr MAILING ADDRESS: Pc �c»t / I2?? i Kdc &/ AL 4 ? }, Street Address or P.O. Box, City, Zip Code r CONTACT PHONE(S): C ia — 3 i'4 ? Fax: E -MAIL: M 1 r+ Sit' \ . 1.t 1 SPOUSE / DOMESTIC PARTNER: DEPENDENT CHILDREN: ._ NON - DEPENDENT CHILDREN LIVING WITH YOU: r Report number of children, Including stepchildren, adoptive children. Legislative filer: List non dependent children living with You. NAME NON - DEPENDENT CHILDREN LIVING with YOU: IWHY ARE YOU FILING:1 ❑ OFFICE HOLDER or -- CANDIDATE t Office held or sought: ;• za ;,Sk y 4 4 'Bun 1 A e v b 1 ❑ INITIAL STATEMENT; Due 30 days from appointment for new public officials (and annually thereafter). ❑ ANNUAL STATEMENT: Due by March 15 – for incumbent officials. ❑ FINAL STATEMENT: Due 90 days after leaving office –From through (Include all information not reported on a previously Bled statement through your last day of office.) . STATEMENT: Due when tiling declaration of candidacy G IVE DETAILED DESCRIPTIONS WHERE CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or REQUESTED. USE EXTRA PAGES IF For noun*, cheek multiple boxes A SECTION DOES NOT APPLY TO YOU, NECESSARY. for Joint properly owner CItECK •NONE° FIoancial Disclosure Statement [Rev. December, 20101 Page 1 Of 12 FEB I 9 2013 ALASKA PUBLIC OFFICES COMMISSION 2011 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1, 2010— Dec. 31, 2010 SCHEDULE A: SOURCES OF INCOME OVER $1,000 1. SALARIED EMPLOYMENT NONE: check box —► Report each employer who paid you, your spouse, domestic partner or children covered by reporting requirements more than $1,000. Include amount of income, dates of employment, terms of employment, amount of time worked. Income means anything of value and covers all forms of compensation, including deferred income. DESCRDIE THE WORK PERFORMED IN SUFFICIENT DETAIL TO MAKE IT CLEAR TO A PERSON OF ORDINARY UNDERSTANDING. EARNED BY: ❑ Filer / 0 Spouse /domestic partner / ❑ Child / Total Income: $ ❑ Full -time ❑ Part-time Q Seasonal ❑ Commission ❑ Project ❑ Hourly / Dates: If work is not MI -time, specify amount of time worked (months/days/hours): Employer: Address: DETAILED DESCRIPTION of SERVICES PROVIDED: EARNED BY: ❑ Filer / ❑ Spouse/domestic partner / ❑ Child / Total income: $ ❑ Full-time ❑ Part-time ❑ Seasonal ❑ Commission ❑ Project ❑ Hourly / Dates: If work is not full-time, specify amount of time worked (months/days/hours): Employer: Address: DETAILED DESCRIPTION of SERVICES PROVIDED: EARNED BY: ❑ Filer / ❑ Spouse/domestic partner / ❑ Child / Total income: $ ❑ Full -time Q Part -time ❑ Seasonal ❑ Commission ❑ Project ❑ Hourly / Dates: If work is not full -time, specify amount of time worked (months /days/hours):. Employer: Address: DETAILED DESCRIPTION of SERVICES PROVIDED: GIVE DETAILED DESCRIPTIONS WHERE CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or REQUESTED. USE EXTRA PAGES IF For rumple, check multiple boxes A SECTION DOES NOT APPLY TO YOU, NECESSARY. forjolnt property ownen CHECK "NONE° Financial Disclosure Statement IRev. December, 20101 Page 2 of 12 /-r` i 201 ALASKA PUBLIC OFFICES COMMISSION 2011 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan, 1, 2010— Dec. 31, 2010 SCHEDULE A: SOURCES OF INCOME OVER $1,000 2. SELF - EMPLOYMENT: NON-RETAIL NONE: check bon Disclose each client, customer or business that paid you, your spouse /domestic partner or child more than $1,000. Self - employment includes sole proprietors, partnerships, limited liability companies, professional corporations. List each source of income over $1,000 by name and amount. Exemptions: if the identity of the source of income is confidential by law, you may be excused from disclosing the source. To obtain an exemption, you must qualify under the law, you must file a written request, and you must receive an exemption from the commission. Exemption rules: Public officials, candidates: 2 AAC 50.100 -102. Legislators: 2 AAC 50.775 -780, income means an thing of value and covers all forms of compensation, including deferred income. EARNED BY: ® Filer / ❑ Spouse /domestic partner / ❑ Child / Total income: $ 2 000 ❑ Full-time ❑ Part-time ❑ Seasonal ❑ Commission ❑ Project ❑ Hourly / Dates: If work is not full -time, specify amount of time worked ( months/days/hours):. Business name: /f r ots N1 N. S�. 1 y S A- 'c r_ Client / Customer name: 1 -, r�;r\,C tir.,4 J a k Client / customer addres D4 ‘` �` iC.,it , p, \-4 ' C () DETAILED DESCRIPTION of services provided: Ie c: ( S c'c CC S EARNED BY: ® Flier / ❑ Spouse /domestic partner / ❑ Child / Total income: $ 7 tlS ❑ Pull -time ❑ Part-time ❑ Seasonal ❑ Commission ❑ Project ❑ Hourly / Dates: If work is not full -time, specify amount of time worked (months /days/hours): Business name: iV•-er.yl, ti Yti sEt-Q J , 'k c A Client / customer name: 44-0A G Q (C 9—e C ce `„ A . et c y.u.a /� l7 1/ c°i �0.PC' tom: S" h Client / customer address: / OV ( e —i4e r A,je tc et AC. . Ti I% t DETAILED DESCRIPTION of services provided: _ \ee ) q\ Ci C''C CI't C l ° V EARNED BY: ® Filer / ❑ Spouse /domestic partner / ❑ Child / Total income: $ ❑ Full - time ❑ Part-time ❑ Seasonal ❑ Commission ❑ Project ❑ Hourly / Dates: If work is not full -time, specify amount of time worked (months/days/hours): Business name: /V\,o \,1.4 M ' t \-0 r35 A - - c r Client /customer name: 1,3 ‘.. ' 1',..r Client /customer address: ? n ?1 orc \3 b f Y at M. 9,1 r7 DETAILED DESCRIPTION of services provided: 1 - , P S � � fr'�lc S I GIVE DETAILED DESCRIPTIONS WHERE CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or REQUESTED. USE EXTRA PAGES IF NECESSARY. For enmpk, check multiple boxes A SECTION DOES NOT APPLY TO YOU, for Joint property owners CHECK°NONE° Mandel Dtsdosnre Statement (Rev. December, 20101 Page 3 of 12 ^E ri .i 9 2013 ALASKA PUBLIC OFFICES COMMISSION - 2011 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1, 2010– Dec. 31, 2010 1 i SCHEDULE A: SOURCES OF INCOME OVER $1,000 2. SELF - EMPLOYMENT: NON - RETAIL NONE: check box - Q Disclose each client, customer or business that paid you, your spouse/domestic partner or child more than $1,000. . i Self - employment includes sole proprietors. partnerships, limited liability companies, professional corporations. i List each source of income over $1,000 by name and amount. Exemptions: if the identity of the source of income is confidential by law, you may be excused from disclosing the source. To obtain an exemption, you must qualify under the law, you must file a written request, and you must receive an exemption from the commission. Exemption rules: Public officials, candidates: 2 AAC 50.100 -102. Legislators: 2 AAC 50.775 -780. Income means anything of value and covers all forms of compensation, including deferred income. !t A; EARNED BY: E Filer / ❑ Spouse /domestic partner / ❑ Child /Total income: $ L f' 6 •% ❑ Full -time ❑ Part-time ❑ Seasonal ❑ Commission ❑ Project ❑ Hourly / Dates: 1 If work is not full-time, specify amount of time worked (months/days/hours): Business name: J e\ 5 ti S Client / Customer name: - .-eX.- t o; .-w4j- IL C. Client /customer address: n 3 3 s-F t iZ r DETAILED DESCRIPTION of services provided: rea \ z- st-4 'k ct „ r , /€) { y rv - -tit EARNED BY: ® Filer / ❑ Spouse/domestic partner / ❑ Child / Total income: $ t • ❑ Full -time ❑ Part -time ❑ Seasonal ❑ Commission ❑ Project ❑ Hourly / Dates: - t' If work is not full -time, specify amount of time worked (months /days/hours): Business name: ti Client / customer name: li Client / customer address: t it DETAILED DESCRIPTION of services provided: 4 ii ii EARNED BY: ❑ Filer/ ❑ Spouse /domestic partner / ❑ Child / Total income: $ ❑ Full -time ❑ Part -time ❑ Seasonal ❑ Commission ❑ Project ❑ Hourly / Dates: # If work is not full -time, specify amount of time worked (months /days /hours): • Business name: S Client / customer name: i Client / customer address: DETAILED DESCRIPTION of services provided: : t GIVE DETAILED DESCRIPTIONS WHERE CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or 1 REQUESTED. USE EXTRA PAGES IF For example, check muaiple boxes A SECTION DOES NOT APPLY TO YOU, NECESSARY. for joint properlyowucn CHECK "NONE" Financial Disdosore Statement [Rev. December, 20101 Page S 12 11 ti P ALASKA PUBLIC OFFICES COMMISSION 2011 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1, 2010— Dec. 31, 2010 SCHEDULE A: SOURCES OF INCOME OVER 51,000 3. SELF- EMPLOYMENT — RETAIL NONE: check box —i CiSj List each self- employment retail business that was a source of income of more than $1,000. Individual retail clients/customers do not need to be disclosed with these exceptions. You must disclose (1) customers with a line of credit extending through two or more billing cycles, (2) customers with ongoing contracts to purchase goods or services, and (3) customers who are offered discounts not available to the general public. Income means anything of value and covers all forms of compensation, including deferred income. EARNED BY: ❑ Filer / ❑ Spouse /domestic partner / ❑ Child / Total income: $ ❑ Full-time ❑ Part-time ❑ Seasonal ❑ Commission ❑ Project ❑ Hourly / Dates: If work is not full -time, specify amount of time worked (months /days /hours): Business name: Client/customer name/address (if applicable): DETAILED DESCRIPTION of services provided: EARNED BY: ❑ Filer I ❑ Spouse /domestic partner! ❑ Child / Total income: $ ❑ Full -time ❑ Part ❑ Seasonal ❑ Commission ❑ Project ❑ Hourly / Dates: If work is not full-time, specify amount of time worked (months /days /hours): Business name: Client/customer name/address (if applicable): DETAILED DESCRIPTION of services provided: 4. RENTAL INCOME NONE: check box —a. ❑ OWNER: TENANTS WHO PAID> $1,000 AMOUNT r�rt / (For u — property outside Alaska managed by agent, list AGENT instead of tenant) !,( Filer �t'o rgc & X rest% 9 0 El Spouse or / domestic partner ❑ Child ❑ Co-owner with.otheis GYVE DETAILED DESCRIPTIONS WHERE CHECK ALL BOXES THAT APPLY. IP YOU HAVE NOTHING TO REPORT or REQUESTER USE EXTRA PAGES IP For eumpte, cheekmulapb bons A SECTION DOES NOT APPLY TO YOU, NECESSARY. forjoint properly owners CHECK "NONE" Finendal D scheure Statement [Rev. December, teiej Page 4 of 12 FCB 1 9 2013 ALASKA PUBLIC OFFICES COMMISSION 2011 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. I, 2010— Dec. 31, 2010 SCHEDULE A: SOURCES OF INCOME OVER 51,000 5. DIVIDENDS and INTEREST .NONE: check box —* Disclose source and amount of income over $1,000 from dividends and interest. Include bank n accounts, capital gains, money market accounts, certificates of deposit, Native corporation dividends, Permanent Fund dividends. JR _ 4}111� SOURCE : AMOUNT< GI Filer • Child 1 S ..use/ iYnv ial Filer il Child ■ • ox/ rimer , al ■ EVERM 6. OTHER INCOME — NOE: cheek box List source and amount of income over $1,000 not listed elsewhere in this form, including sale of goods or 0 property, pensions, IRA cash outs, honorariums, alimony, child support, shared living expenses and govemmem entitlements, a ' RE CuueENT' • r, ,...,...,SOURCE '_a AMOUNT NT partner Cliff`kCQ flnf Scion{` C LL-Q-- 7t,. 10-L k Child n RI (T • Spouse/partner 3'v�4r,s ` /+ e -^� 1 es L�, U Fik Child C �1f SZ . use/ partner aFile Child ❑ Spinel partner ❑ Filer U Child _Q Spongeil partner Pikr � Child ❑ Spouse/ partner 7. G125S.WORTE MORE THAN $250 NONE: check box —>, Eit. Pu tc Ornc Y hers ONLY Legislative filers are NOT required to fill in this section, Legislators must sub miSF'te detailed disclosure reports to the Legislative Ethics Committee. Report gifts worth more than $250 (including gifts from a single source with a cumulative value more than $250) — except gifts from spouse, domestic partner, parent, child, sibling, grandparent, aunt, uncle, niece or nephew. Include travel expenses, discounts not available to the public, loans forgiven or loans paid by a third party. RECIPIENT DESCRUPTION SOURCE ❑ Filer 0 Child VALUE ■S•. se/ , arfner ■ Filer ■ Child ❑Spouse/partner [ Filer p Child ■ S.ousel gainer • Filer • Chad 0 Stun/ partner 0 Filer U Child ❑ Spouse/partner GIVE DETAILED DESCRIPTIONS WHERE CHECK ALL BOXES THAT APPLY, I IF YOU HAVE NOTHING TO REPORT or REQUESTED. USE EXTRA PAGES IF For example, check muliipk boxes A SECTION DOES NOT APPLYTO YOU, NECESSARY. forjolnt property ownen CHECK "NONE" Financial Disclosure Statement [Rev. December, 20101 Page 5 of 12 F EB € 9 7013 ALASKA PUBLIC OFFICES COMMISSION 2011 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1,2010— Dec. 31, 2010 SCHEDULE B BUSINESS INTERESTS NONE: check box -4 ❑ Report business interests even if they were NOT a source of income, including businesses in which you/family: • Served as stockholder, owner, officer, director, partner, proprietor, employee or held an interest. • Had ownership interests of more than $1,000 in a publicly traded corporation. • Had any other ownership interest in a business, including shares in non - publicly traded corporations, sole proprietorships, limited liability companies. Include options to buy. • Include non -profit organizations, corporations, businesses, associations, trade groups. If the business was a source of income over $1,000, it must also be reported in Schedule A !rFiIcr / ❑ Spouse/domestic partner i ❑ Child / a Position/Type of interest: iv. vN�Yar t t mx.El , car Business name: Cu -+"2Kq ""srz ut "Ark t - S - LLC J Business address: S T 3 , y , c ■1 f , \ A M ( & c& , ° b (' DETAILED DESCRIPTION of business activity: :,- vA"ri'e -o r\ ire; 5 IQ Filer / ❑ Spouse/domestic partner ( ❑ / Position/Type of interest: it^a,. opS 3)e' Or Business name: QU`a .. Q•C• e�'T:ey 0-C Business address: ? o y.a,, t t< &t a k.. • TlL c l e ft , is DETAILED DESCRIPTION of business activity: c^.�tv -vv-C 2 n_s\ e k\ `e Tot kt..S ❑ Filer / ❑ Spouse/domestic partner / ❑ Child / Position/Type of interest: Business name: Business address: DETAILED DESCRIPTION of business activity: ❑ Filer / ❑ Spouse /domestic partner / ❑ Child / Position/Type of interest: Business name: Business address: DETAILED DESCRIPTION of business activity: GIVE DETAILED DESCRIPTIONS WHERE CHECK ALL BOXES THAT APPLY. W YOU HAVE NOTHING TO REPORT or REQUESTED. USE EXTRA PAGES IF For example, cheek multiple bona A SECTION DOES NOT APPLY TO YOU, NECESSARY. for joint property owoen (BECK 'NONE" Fin•nelal Disclosure Stetement (Rev. December, 20101 Page 6 of 12 FIB 1 9 2013 ALASKA PUBLIC OFFICES COMMISSION 2011 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1, 2010 —Dee 31, 2010 SCHEDULE C REAL PROPERTY INTERESTS NONE: check box --a ❑ Include your home, a rent -to-own home, rental property, vacant property, recreational property, options to buy, business property and real estate interests held in a limited liability company, limited partnership or trust. Include property owned or sold during the reporting period. If property is jointly owned check all boxes that apply. OWNER(S): n Filer / ❑ Spouse/domestic partner / ❑ Child / ❑ Other co-owner: Street addressor legal description: -2 ,4 c p U;.,1 ti (, ac e k J City or Borough I State: \C a c�.,a / P. q Ica i� 1 Ownership interest: hohP. o,,, i..JCC (Such as home owner, option to buy, owned through business entity or trust, leasehold, partnership) OWNER(S): © Filer / ❑ Spouse /domestic partner / ❑ Child / ❑ Other co-owner. Street address or legal description: Ft41 le\- 6 t tr-e& t'rec n. ha ?: Ct, {' City or Borough / State: Qt i s CS A i �C� Ownership interest: p W bJ e (Such as home owner, option to buy, owned Through business entity or trust, leasehold, partnership) OWNER(S): 44 Filer / ❑ Spouse/domestic partner / ❑ Child / ` ❑ Other co- owner: Street address or legal description: (ci U v iS t \. ,J City or Borough / State: '-d 4;0.- i -{yG� � �{y C' Ownership interest: C,Zay,e-,- t &Q,,,,e ,, lG , I r.l (Such as home owner, option to buy, owned through business entity or trust, leasehold, partnership) OWNER(S): ❑ Filer / ❑ Spouse /domestic partner / ❑ Child / ❑ Other co-owner: Street address or legal description: City or Borough / State: Ownership interest: (Such as home owner, option to buy, awned through business entity or trust, leasehold, partnership) OWNER(S): ❑ Filer / ❑ Spouse /domestic partner / ❑ Child / ❑ Other co- owner: Street address or legal description: City or Borough / State: Ownership interest: (Such as home owner, option to buy, owned through business entity or trust, leasehold, partnership) GIVE DETAILED DESCRIPTIONS WHERE CHECK ALL BOXES THAT APPLY. IF VOO HAVE NOTHING TO REPORT or I REQUESTED. USE EXTRA PAGES IF For example, cheek multiple hoes A SECTION DOES NOT APPLY TO YOU, NECESSARY. tor John property owners CHECK `NONE" Flaunts' Disclosure Statement :Rev. December, 20101 Page 7 of 12 r: riyy E3 ALASKA PUBLIC OFFICES COMMISSION 2011 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1, 2010 —Dec. 31, 2010 SCHEDULE D BENEFICIAL INTERESTS: TRUSTS & RETIREMENT ACCOUNTS over $1,000 / NONE: ❑ Report each beneficial interest in a trust or retirement account that exceeded $1,000 during the reporting period. Report stocks, bonds, mutual funds, cash accounts, CDs, deferred compensation plans, profit - sharing accounts, employee benefit accounts, retirement accounts (such as IRA, 401K, SEP or Keogh) trust funds (including blind trusts) and limited partnerships. "Managed by" means the filer, employer, business, investment entity or name of the company that manages the account. Identify individual investments if you or family members manage or personally control the investments. "Identify fund or companies" means the individual companies or accounts where you are the manager and you control the investments; if a mutual fund, investment company or other third party entity manages and controls the investments, list the name or type of fund where the assets are held. You do NOT need to list the dollar value of the assets, but you must identify the assets by owner, manager and name. ASSETS — OWNED BY:81Filer / ❑ Spouse/domestic partner / Q Child / PERCENT: 0-) U ASSETS MANAGED BY: Li• �J l S'keY∎1^• -e ASSETS —IDENTIFY FUND or COMPANIES: l,w S — .% fZ t9 ASSETS — OWNED BY: ® Filer / Q Spouse/domestic partner / ❑ Child / PERCENT: f 0 s 9u ASSETS — MANAGED BY: ' 1,4 1NV°Stci �5 , h , ' - �. f • ASSETS — IDENTIFY FUND or COMPANIES: r�� (� t ASSETS — OWNED BY Filer / ❑ Spouse/domestie partner / ❑ Child / PERCENT: / cc-- ASSETS — MANAGED BY: ttb -N ASSETS — IDENTIFY FUND or COMPANDES: ASSETS — OWNED BY: ❑ Filer / ❑ Spouse/domestic partner / ❑ Child / PERCENT: ASSETS — MANAGED BY: ASSETS — IDENTIFY FUND or COMPANIES: ASSETS — OWNED BY: ❑ Filer / ❑ Spouse/domestic partner / ❑ Child / PERCENT: ASSETS — MANAGED BY: ASSETS — IDENTIFY FUND or COMPANIES: GIVE DETAILED DESCRIPTIONS WHERE CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or REQUESTED. USE EXTRA PAGES IF For example, cheek multiple bones A SECTION DOES NOT APPLY TO YOU, NECESSARY. for Joint property owner& CHECK "NONE° Financial Diedmure Statement [Rev. December, 20101 Page 8 of 12 FEE: t 9 Z1143 ALASKA PUBLIC OFFICES COMMISSION 2011 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1, 2010— Dec 31, 2010 SCHEDULE E 1. LOANS, LOAN GUARANTEES & DEBTS OVER $ 1,000 ONE: check ti g the re Report each creditor or lender to whom more than $1,000 was owed during Report gar of each loan. List financial obligations, including mortgages owned or reporting period. reporting Report guarantor period; loans that have been guaranteed; delinquent taxes; alimony; chid support payments; sin medical and vehicle loans; business and personal loans; escrows; student loans; signature loans and p omisry tnotess.. at Loans include secured, unsecured and contingent loans. Do NOT gist credit card obligations or revolving charge accounts. DEBTOR: ❑ Filer / ❑ Spouse/domestic partner t ❑ Child ❑ LENDER / ❑ CREDITOR / ❑GUARANTOR / NAME: DEBTOR: ❑ Filer / ❑ Spouse/domestic partner / ❑ Child ❑ LENDER / ❑ CREDITOR / ❑GUARANTOR / NAME: DEBTOR: ❑ Filer / ❑ Spouse/domestic partner / ❑ Child ❑ LENDER / ❑ CREDITOR / ['GUARANTOR / NAME: DEBTOR: ❑ Filer / ❑ Spouse/domestic partner / ❑ Child ❑ LENDER /❑ CRED GUARANTOR /NAME: 2. FOR LEGISLATIVE BRANC •ILERS ONLY NONE: check box —> ❑ Legislative bran t ers must report additional details: original amount of the obligation, the current balance owed, interest rate, length of the loan and whether a written agreement exists for a creditor or lender who: Lobbies or hired lobbyists • Had contracts or sought contracts worth more than $10,000 with any state agency • Was a municipal or local government entity • Was affected financially — in an amount exceeding $1,000 — by an act of the legislature or state agency decision, including actions affecting professional or occupational licenses; natural resource permits or quotas; assessments; tax rates; health, safety or environmental standards; insurance or business practices. DEBTOR: ❑ Filer / ❑ Spouse/domestic partner / ❑ Child ❑ LENDER or ❑ CREDITOR / Name: Address: Original loan: $ Balance owed: $ Interest rate: g Tenn: ❑ years ❑ months / WRITTEN LOAN AGREEMENT? ❑ Yes t ❑ No GIVE DETAILED DESCRIPTIONS WHERE CHECK'( ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or REQUESTED. USE EXTRA PAGES n: Por eaa p A steno/ DOES NOT APPLY TO YOU, mplq check multiple boxes NECESSARY, fwjoint taoPedy owaen CHECK "NONE" Financial Disclosure Statement (Rev. December, 20101 Page 9 of 12 i" tm i HI .S !Ada ALASKA PUBLIC OFFICES COMMISSION 2011 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1, 2010- Dec. 31, 2010 SCHEDULE F 1. LEASES: GOVERNMENT CONTRACTS & LEASES NONE: check box -4 ❑ List all contracts, bids and offers to contract with the state or any state or municipal agency or entity. Report contract interests as individual, sole proprietor, family member, partnership, professional corporation, limited liability company or through a corporation in which filer or family members held a controlling interest. CONTRACTOR: [/.Filer / ❑ Spouse /domestic partner / ❑ Child / TYPE of INTEREST: ❑ Bid / ❑ offer/ ❑ Held / CONTRACT ID (name/number): D e? l -91 -= J — �1) L- O`2-(, CONTRACTING AGENCY: LtS &-t 6je. d [1 CONTRACT DESCRIPTION: Z. "se — 5t. i* (a b 3 2L Ce a r (t k k r ra l CONTRACTOR: ❑ Filer / ❑ Spouse/domestic partner / ❑ Child / TYPE of INTEREST: ❑ Bid / ❑ Offer / ❑ Held / CONTRACT ID (name/number): CONTRACTING AGENCY: CONTRACT DESCRIPTION: 2. LEASES: NATURAL RESOURCE LEASES NONE: cheek box -4 it List natural resource leases - including mineral, timber, oil and gas leases - held, bid or offered during the reponing period. Report lease interests as individual, sole proprietor, family member, partnership, professional corporation, limited liability company; or corporation in which you or family (individually or together) held controlling interest. LEASEHOLDER: ❑ Filer / ❑ Spouse /domestic partner / ❑ Child / TYPE of INTEREST: ❑ Bid / ❑ Offer / ❑ Held / LEASE ID (name/number): LEASE DESCRIPTION: LEASEHOLDER ❑ Filer / ❑ Spouse/domestic partner / ❑ Child / TYPE of INTEREST: ❑ Bid / ❑ Offer / ❑ Held / LEASE ID (name/number): LEASE DESCRIPTION: GIVE DETAILED DESCRIPTIONS WHERE CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or REQUESTED. USE EXTRA PACES IF For example, checkmuflple boxes A SECTION DOES NOT APPLY TO YOU, NECESSARY. forjolnt property owners CHECK "NONE" Floaneial Disclosure Sntemem (Rev. December, 20101 Page 10 at 12 FEi? 1 't 2013 ALASKA PUBLIC OFFICES COMMISSION 2011 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1, 2010- Dee 31, 2010 SCHEDULE G 1. CLOSE ECONOMIC ASSOCIATIONS NONE: check box EXEMPT: Municipal and local officials re exem rom reporting close economic associations. Members of state boards and commissions are esemptfrotfi reporting close economic associations. Local officials and state board /commission members do NOT have to complete this section. Check the box for NONE. STATE PUBLIC OFFICIALS: Disclose financial relations with legislators, other public officials and lobbyists. LEGISLATIVE BRANCH: Disclose financial relations with public officials, lobbyists, other legislators, and legislative employees. Report close economic association detailed information to the Legislative Ethics Committee. CLOSE ECONOMIC ASSOCIATION means a financial relationship between public officials, legislators and lobbyists, including shared Interests in a business, property, association, partnership, corporation or LLC. CHANGES: Report new close economic associations within 60 days. PERSON DISCLOSING ECONOMIC ASSOCIATION: 0 Filer / 0 Spouse/domestic partner / 0 Child PERSON with WHOM ASSOCIATION EXISTS: DESCRIPTION of ECONOMIC ASSOCIATION: PERSON DISCLOSING ECONOMIC ASSOCIATION: 0 Eller / 0 Spouse/domestic partner / 0 Child PERSON with WHOM ASSOCIATION EXISTS: DESCRIPTION of ECONOMIC ASSOCIATION: 2. FILERS WITH A LOBBYIST SPOUSE or DOMESTIC PARTNER NONE: check box -a EXEMPT: Local officials and members • of state boards and commissions are EXEMPT. Check NONE. STATE PUBLIC OFFICIALS with a lobbyist spouse or domestic partner. Report names and addresses of each employer of the lobbyist and the total monetary value received from each of the lobbyist's employers. LEGISLATIVE BRANCH filers with a lobbyist spouse or domestic partner: Disclose employer of lobbyist and compensation, and report details to t he Legislative Ethics Committee. CHANGES; Report changes in lobbyist's employer within 48 hours of the change. LOBBYIST'S EMPLOYER NAME & ADDRESS _COMPENSATION LIVE DETAILED DESCRIPTIONS WHERE l CHECK ALL BOXES THAT APPLY. II? YOU HAVE NOTHING TO REPORT or REQUESTED. USE EXTRA PAGES IF For example, cheek multiple boxes A SECTION DOES NOT APPLY TO YOU, NECESSARY. for Joint property mien CHECK "NONE" Financial Disclosure Statement /Rev, December, 2010/ Page 11 of 12 ALASKA PUBLIC OFFICES COMMISSION 2011 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1, 2010 —Dec 31, 2010 CERTIFICATION I certify under penalty of perjury that the foregoing is true and the information in this disclosure statement is, to the best of my knowledge, true, correct and complete. A person who makes a false sworn certification which he or she does not believe to be true is guilty of perjury. SIGNATURE: ze.2t .ZT If you are filing onl must h vc en a nic Filing Agreement with APOC to use an electronic signature. M A Ni W . 7, c c rYS, - TS 37151), / P � NAME of FILER - DATE &PLACE SIGNED / FILED All officials and candidates who are required to file disclosure statements are solely responsible for filing complete, accurate and truthful statements by the deadlines. WHERE TO FILE THIS STATEMENT STATE OFFICIALS: File initial, annual and final statements with the Alaska Public Offices Commission. STATE CANDIDATES: File with the Division of Elections along with Declaration of Candidacy. BOROUGH / MUNICIPAL f CITY OFFICIALS and CANDIDATES: File with city or borough clerk where you hold or seek office. FILE ELECTRONICALLY to APOC: doaapoc.reports THIS IS A PUBLIC DOCUMENT NOTE: Public officials who are required to file this disclosure statement may have additional obligations to disclose conflicts of interest or potential conflicts under state executive, legislative or judicial ethics rules or personnel rules. Legislators who are required to file this disclosure statement have additional disclosure and reporting requirements imposed by the Select Committee on Legislative Ethics. Local officials may also be governed by local ethics ordinances or personnel rules. Disclosure forms, guidelines, laws and regulations are online http: / /doa.alaska.gov /apoo/ or from APOC offices. I ALASKA PUBLIC OFFICES COMMISSION ANCHORAGE OFFICE: JUNEAU OFFICE: 2221 E. Northern Lights Blvd — Room 128 240 Main St. — Room 500 Anchorage, AK 99508.4149 Mail: P.O. Box 110222 907 - 276.4176 / Toll - free 800 - 4176 Juneau, AK 99811 - 0222 Fax 907 - 276 - 7018 907. 4654864 / Fax 907 - 465 - 4832 E - mail APOC: Ilpaapocr 1alaskaaov File electronic disclosure statements to: doanDoc.reports@alaska.gov GIVE DETAII FA DESCRIPTIONS WHERE CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or REQUESTED. USE EXTRA PAGES IF For example, checkmultiple bona A SECTION DOES NOT APPLY TO YOU, NECESSARY. for joint property owars CHECK 'NONE" Finaoclal Disclosure Statement jRty. December, 2010j Page 12 of 12 FEB 6., 2013 6.Pu/ POFD Form Page 1 of 4 POFD FORM COMPLETED Submission Date: 03/14/2012 FILER INFORMATION :, } �s U = �� IVI ii First Name: Mel j l I I J ` • t 1 / i 2012 Last Name: Stephens Address: PO Box 1129 City, State Zip: Kodiak, Alaska 61 .' : C ° rr. Contact Phone: 907- 486 -3143 Alternate Phone: Nothing to Report Fax (Optional): Nothing to Report Email: mmstep@gci.net Partner Type: None / Not Applicable Spouse /Domestic Partner Name: Nothing to Report Dependent Children: o Non - Dependent Children: o PURPOSE OF FILING Report Dates: From 01/01/2011 Through 12/31/2011 Filing As: Office Holder Branch: Local Municipal Government Municipality: Kodiak Island Borough Report Type: Annual INCOME Owner Type Detail Description Amount Others Rental Tenant: Emily Salter $2,000 - $5,000 Others Rental Tenant: Eric Romero $2,000 - $5,000 Others Rental Tenant: Thai Market $10,000 - $20,000 Others Rental Tenant: Puter Dungan $5,000 - $10,000 Others Rental Tenant: Exceller Fisheries $2,000 - $5,000 Others Rental Tenant: Johnson & Combs $20,000 - 850,000 hops: / /myalaska. state .ak.us /apoc /form/P0FD/View.aspx ?ID =1436 3/14/2012 FEB 1 f• 7C13 POFD Form Page 2 of 4 Others Rental Tenant: Sandy Daws $5,000 - $10,000 Others Rental Tenant: Steve Gray $10,000 - $20,000 Others Rental Tenant: Josh Fitzgerald $10,000 " $20,000 Others Rental Tenant: Sabbath Christian $5,000 - Fellowship $10,000 Others Rental Tenant: Linda Van Mun $10,000 - $20,000 Others Rental Tenant: Dan Rohrer dba $20,000 - Subway $50,000 Others Rental Tenant Mark St. Denny $10,000 - $20,000 Others Rental Tenant Advanced Harvesters $5,000 - Co-op $10,000 Others Rental Tenant: Kodiak Crisis $2,000 - Pregnancy Center $5,000 Others Rental Tenant: U.S. Coast Guard $20,000 - $50,000 Others Rental Tenant: C.N.J. Fashions $2,000 - $5,000 Others Rental Tenant: Norman's Gifts $2,000 - $5,000 Others Rental Tenant: Top Ocean, Inc. $5,000 $10,000 Others Rental Tenant: Jessica Penalose dba $5,000 • Viva Mexico $10,000 Others Rental Tenant Big Brothers Big $2,000 - Sisters, Inc. $5,000 Filer Dividend or Alaska PFD $1,000 - Interest $2,000 Filer Dividend or Social Security $20,000 - Interest $50,000 Filer Dividend or Eureka Apartments LLC $20,000 - Interest $50,000 Filer Dividend or Polaris Properties LLC $5,000 - Interest $10,000 Filer Dividend or First Clearing LLC $20,000 - Interest $50,000 Melvin M. Stephens II, APC --- _..---------- _. __. - - -. _ - _. Legal Services $5,000 - Hourly $10,000 From: 01/01/2011 Through ar https:// myalaskastate. ak.us /apocfform/POFDNiew.aspx ?ID =1436 3/14/2012 Fe 1 '. " '4013 POFD Form Page 3 of 4 12/31/2011 Time Worked: 12 mo Client Names Client Addresses Client Self Amount Filer Employment PO Box 62, Dicky Saltonstall Rockport, ME $2,000 - 04856 $5,000 KRAA PO Box 3407, $2,000 - Kodiak, AK 99615 $5,000 INTEREST'S Owner Type Detail Description Interest Business Name: Eureka Apartments Filer Business LLC Apartment Position / Type: Member- -- rentals Manager /LLC PO Box 1129 Kodiak, Alaska 99615 Business Name: Polaris Properties LLC Commercial Position / Type: Member - Filer Business PO Box 1129 rentals Manager /LLC Kodiak, Alaska 99615 Business Name: Melvin M. Stephens, II A P.C. Filer Business — - -- Law Office Position / Type: Sole 326 Center Ave., Ste. Owner /Shareholder 90A Kodiak, Alaska 99615 Filer Real 3460 Tona Lane Ownership Property Kodiak, Alaska 99615 Interest: 100% Frag Lot 8, Fred Meyer Filer Real Shopping Center Ownership Property Anchorage, Alaska Interest: 100% 99615 Filer Real 1510Ismailov Ownership Property Kodiak, Alaska 99616 Interest: 100% Filer Beneficial Managed By: Mel UBS IRA Ownership: 100% Stephens Filer Beneficial Managed By Melvin FNBA Profit Ownership: 40% M. Stephens, II APC Sharing Plan LOANS AND DEBTS https: / /myalaska. state. ak. us / apoc /form/POFD/view.aspx ?JD 1436 iitEt _ s 0 3/14/2012 POFD Form Page 4 of 4 Owner I Type , Nam No Debt/ Nothing to Report LEASES Owner J Type of Lease J Lease /Contract ID ] Interest I Status I Description No Leases / Nothing to Report CLOSE ECONOMIC ASSOCIATIONS Person Disclosing Association 1 Associated Person J Description No Associations / Nothing to Report LOBBYIST PARTNER EMPLOYERS Name ( Address J Compensation No Lobbyist Partner Employers / Nothing to Report https: / /myalaska. state. ak. us /apoc/form/POFD/View.aspx7ID =1436 � rri < S 2E 3/14/2012 MELVIN M. STEPHENS. 11 A FROFIR&ONAL CORPORATION ATTORNEY AT LAW 328 CENTER AVENUE. SUITE BOA P.O. BOX 1129 KODIAK, ALASKA 99615 TELEPHONE (907) 488.3143 November 18, 2011 Wohiforth Johnson Brecht Cartledge Brooking PC 900 West 5th Avenue, Suite 600 Anchorage, AK 99501 -2048 Attn.: Cheryl Brooking v_ia a -mail to cbrookinefitakaiv cop Re: Cutler v. Kodiak Island Borough Case # S -14215 Dear Ms. Brooking: This morning I received a phone call from Jerome Selby which was considerably less pleasant and professional than yours of this past Wednesday. Jerome essentially demanded that 1 "get out" of the above case by this coming Monday and did his best to imply that there would be consequences if I did not. So as to avoid misunderstandings, I wish to advise you directly of exactly what I said. I told Jerome, as 1 did you, earlier this week, that it was my intention to withdraw as Cedric Cutler's counsel as soon as substitute counsel is available but that I did not think that would be the case by next Monday. This past Wednesday 1 spoke both with Cedric Cutler and another attorney who agreed to review certain materials relating to this case and get back to me, one way or the other, as to the possibility of substituting in as Mr. Cutler's counsel. If that attorney is interested, a meeting between that attorney and Mr. Cutler will be arranged to confirm the new representation and a substitution will follow immediately thereafter. If that attorney is not interested, I will immediately move on to the next one on my list. 1 will not withdraw until substitute counsel is available, and 1 old Jerome as much. For the record, I have no doubt but that competent substitute counsel can and will be found in the immediate future. That process is not going to be expedited by unpleasant phone calls or threats from Jerome Selby. Were this case before a trial court and subject to a series of impending pre -trial deadlines, one might perceive some genuine urgency in making the transition to new counsel for Mr. Cuder. As you know, however, the case on appeal to the Alaska Supreme Court and at the briefing stage. The Brief of Appellant has been filed and the Brief of Appellee isn't due until shortly before Christmas. I have no doubt but that Mr. Cutler will have new counsel well before that time. In the interim my status as Mr. Cuder's counsel is of no practical prejudice to the Kodiak Island Borough. 1 will, of course, excuse myself from participating in any discussion or consideration of this case on the part of the Borough Assembly, both before Mr. Cutler has new counsel and thereafter. _rrt r 9 2 13 Cheryl Brooking -2- November 18, 2011 I assume you will forward a copy of this letter to Jerome Selby, who needs to understand that I do not respond well to implied threats or less than pleasant tones of voice in phone calls. I thank you, personally, for having remained pleasant and professional in our communication notwithstanding our different views of the present situation. I look forward to having the matter resolved forthwith. Sincerely, ) Melvin M. Stephens, II WOHLFORTH I BRECHT ! CARTLEDGE j BROOKING Julius J. Brecht Cheryl Rawls Brooking TELEPHONE ATTORNEYS AT LAW 907.276.6401 Cynthia L. Cartledge Michael Gatti 900 WEST 5TH AVENUE, SUITE 500 FACSIMILE Leila R. Kimbrell 907.276.5093 Eric E. Wohiforth ANCHORAGE, ALASKA 99501-2048 WEB8ITE WWW. AKATTY.COM November 22, 2011 Melvin M. Stephens, II Attorney at Law 320 Center Avenue, Suite 90A P.O. Box 1129 Kodiak AK 99615 Re: Conflict of interest and withdrawal as legal counsel in Cutler v. Kodiak Island Borough, Case # S -14215 Dear Mr. Stephens: I am writing to you in my role as Borough Attorney in response to your letter dated November 18, 2011, and to confirm our understanding with regard to the Cutler litigation. I appreciate your statement that you will recuse yourself from participating in any discussion or consideration of matters relating to this litigation, both before and after Mr. Cutler obtains new legal counsel, Thank you for your commitment to withdrawing as legal counsel, given the serious nature of the conflict. To follow up on our phone conversation, it is my understanding that you had always intended to withdraw from the case upon your election as a Kodiak Island Borough Assembly member. You stated that you discussed the need to withdraw with your client at the time you entered the election process, and that you are proceeding expeditiously to remove yourself from the case. It is my understanding that, at this time, your representation of Mr. Cutler is limited solely to assisting him in arranging for new legal counsel. As you know, it would be inappropriate and a violation of the Alaska Rules of Professional Conduct ( "ARPC ") for you to take any other action in the case against the Borough while serving as an elected Borough representative, regardless of whether substitute counsel is appointed. At the recent Alaska Municipal Attorneys Association in Fairbanks, Steve Van Goor, Bar Counsel for the Alaska Bar Association, gave a presentation on ethics and conflicts of interest. One of the scenarios he used was where a private attorney represents a private party in litigation against a local goveming body. The attorney is then elected to the governing body. This scenario generated a lot of comments from the room full of municipal attorneys, all of whom agreed that there is no way to continue representing the private party in litigation unless the attorney resigns as an elected FEB ; 9 2013 November 22, 2011 Letter to M. Stephens 11 Page 2 of 2 official. This conflict is one that cannot be waived, even if the parties were willing to do so. The first order of business is to immediately disclose the conflict, at a public meeting of the governing body, and to withdraw from the litigation. The scenario triggers ARPC 1.7(a)(2), 1.9(a), and 1.11, among other requirements. The duty of loyalty is perhaps the most significant issue. You are now in the position of having a duty of loyalty to the Borough (as an elected official) that materially conflicts with the duty of loyalty owed to your private client (as attorney for Mr. Cutler in litigation against the Borough). The conflict must be disclosed, and cannot be waived. When you took the oath of office as an elected Borough Assembly member, KIBC 2.25.030, you swore to perform your duties faithfully and impartially. The common law duty of loyalty and conflict of interests analysis extends beyond a prohibition against using the elected office for personal financial gain. It prohibits the appearance of impropriety. When we talked on the phone, we did not get into the legal analysis. You said "academic discussions are pointless" but it was always your intent to withdraw. I'm pleased to hear you thought about this well before I called you, and before running for office, and had already discussed the matter with Mr. Cutler. Once again, congratulations on being elected to the Borough Assembly. Sincerely, WOHLFORTH, BRECHT, CARTLEDGE & BROOKING et 1 i Cheryl A. roo ing CAB /ng cc: Rick Gifford, Borough Manager Mayor and Borough Assembly Members y'UC S 2313 M141:LVIN M. STI:I'IIENS. 11 A n PROFESSio IAL Cora P< ?ION ATTORNEY AT LAW 320 CENTER AVENUE, SUITE 9OA P.O. BOX 1129 KODIAK, ALASKA 99615 TELEPHONE 09071 196.3143 • November 29, 201 I Woltlforth Johnson Brecht Cartledge Brooking PC 900 West 5th Avenue, Suite 600 Anchorage, AK 99501-2048 Attn.: Cheryl Brooking via e-mail to cbrooking(a?akattv.com Re: Cutler v. Kodiak Island Borough Case # S -14215 Dear Ms. Brooking: Accompanying this letter you will Lind a courtesy copy of a substitution of counsel which f will put in the mail this afternoon. • Your letter of November 22 accurately repeats my statements to you concerting my intention w withdraw as counsel for Cedric Cutler. It goes on, however, to argue precisely the points upon which we disagree. Indeed, it states your position as if it were fact or, at best, not subject to legitimate debate. You then send a copy of your letter to the Borough Manager, Mayor and Assembly. Accordingly, let me ask that you forward a copy of this letter to each of those parties so as to avoid any possible confusion over my position in this maser. In no way has my representation of Cedric Cutler violated any of the Alaska Rules of Professional Conduct, including ARPC 1.7(a)(2), I.9(a) or 1.1 I, nor do any of those rules require my withdrawal as his counsel under the circumstances of this case. I voluntarily arranged for substitute counsel for Mr. Cutler so as to avoid an awkward situation which invited an unproductive dispute likely to focus upon matters other than the unwise and indefensible conduct of the Borough vis-a-vis Mr. Cutler. No one should read anything more into my withdrawal. In closing, let me repeat my previously stated intention to recuse myself from any future discussions or actions of the Borough Assembly in connection with this case. I trust the matter is now behind us. Sincerely, • in /r /aiC' Melvin M. Stephens, 11 l .t ] I ii Page 1 of 1 Cheryl Brooking - Helen Yngve v. Kodiak Island Borough From: Cheryl Brooking To: mmstep @gci,net Date: 1/17/2012 4:03 PM Subject: Helen Yngve v. Kodiak Island Borough CC: Gifford, Rick; Selby, Jerome • Hello Mel, Sorry 1 was unable to reach you by phone, I was hoping to speak with you personally, but am sending you an email to avoid further delay. In today's mail, 1 received your motions for costs filed Friday on behalf of Helen Yngve. I was surprised to see your name as counsel of record, given our prior discussions regarding your representation of clients adverse to the Borough. Several months ago we corresponded and discussed the serious conflict of interest, violation of the Rules of Professional Conduct, and violation of the duty of loyalty if you continue such representation while serving as an elected member of the Borough Assembly. When I called you on November 16, you told me you had not taken any substantive action in the Cutler case since being elected and f was your intention to withdraw as counsel all along. I found out later that you filed an appellate brief in the Cutler case the day before we spoke, on November 15. Representing Helen Yngve violates the Alaska Rules of Professional Conduct and raises questions related to the Borough ethics and conflicts of interest ordinances. You have a direct financial interest, have not disclosed your interest, and do not have consent of the Assembly to act in this manner. Please confirm that you will withdraw the filings you submitted to the court on Friday, and withdraw as Ms. Yngve's legal counsel. Otherwise, as Borough Attorney, I have an obligation to take further action. In addition, please provide a detailed explanation regarding the absence of any mention of your work on cases against the Borough in your APOC filing. It is truly unfortunate that you and I are having a dispute before we ever have the pleasure of actually meeting each other. I sincerely hope we can resolve this and enjoy an amicable working relationship. I am in the office until 5:00 pm today and would be happy to talk with you. Cheryl Brooking, Esq. Wohlforth, Brecht, Cartledge & Brooking 900 W. 5th Avenue, Suite 600 Anchorage, AK 99501 phone: 907276.6401 far 907.276.5093 NOTICE: This communication is confidential, is intended only for the named recipient(s) above and may contain information that is privileged, attorney work product or otherwise protected by applicable law. If you are not the intended recipient or believe that you may have received this communication in error, please notify the sender and delete this e-mail. Unintended recipients of this e-mail should not print, copy, retransmit, disseminate or otherwise use the information. ANY FEDERAL TAX ADVICE CONTAINED IN THIS MESSAGE SHOULD NOT BE USED OR REFERRED TO IN THE PROMOTING, MARKETING OR RECOMMENDING OF ANY ENTITY, INVESTMENT PLAN OR ARRANGEMENT, AND SUCH ADVICE 15 NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, BY A TAXPAYER FOR THE PURPOSE OF AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE. 20 Ele: / / /C:/ Users/ DonnaC /AppData/Local/Temp/xPgrpwise /4F 159BEEwvjb_domwvjb_po 1001306564127... 1/31/2013 MELVIN M. STEPIIENS. 11 A PROFESSIONAL CORPORATION ATTORNEY AT LAW 329 CENTER AVENUE, SUITE 90A P.Q. BOX 1129 KODIAK, ALASKA 99615 TELEPHONE 19071 460.3143 January 25, 2012 Wohlforth Johnson Brecht Cartledge Brooking PC 900 West 5th Avenue, Suite 600 Anchorage, AK 99501 -2048 Attn.: Cheryl Brooking via e-mail to cbrookinaCrdakattv.com Re: APOC filings Dear Ms. Brooking: If you feel that any documents 1 have filed with to APOC or, with regard to APOC matters, with the Borough Clerk are in any way incomplete or erroneous, would you please send me a copy of the document in question (or that section or portion which you have concluded is inadequate) along with a concise but specific statement of what you find lacking about it. Sincerely,._ l / fr M M. Sieph -ns.li `�� 9 MU Page 1 of 1 Cheryl Brooking - Re: APOC filings From: Cheryl Brooking To: Stephens, Mel Date: 1/26/2012 10:02 AM Subject: Re: APOC filings CC: Gifford, Rick Attachments: APOC filings.pdf; ASSY- STEPHENS 1.pdf Hello again Mel, Your attached letter evidences some confusion about my prior emails, which are excerpted as follows: January 24: At your request, I will not try to speak with you personally. I look forward to a written response to my previous inquiries. Specifically, an explanation regarding lack of APOC disclosure, and confirmation that you will not participate further in any litigation against the Borough while serving on the Assembly. Thank you. January 20: I received your letters yesterday, but there was no explanation regarding why you did not report earned income in 2010 from your cases against the Borough. If there is a simple explanation, perhaps this can be resolved quickly. The documents you filed on behalf of Helen Yngve stated that you billed $4600 of attorney services in 2010, but this is not shown on your APOC disclosure. Your motion for fees also stated you are seeking a fee award "in favor of Helen Yngve which will make her whole," implying that she paid you for your services. Attached is the APOC form you certified was correct and complete. If you are still confused about the APOC disclosure requirements, perhaps we should obtain further guidance directly from APOC. 0 you understand the requirements, please provide a detailed explanation, and confirmation that you will not represent clients against the Borough while serving on the Borough Assembly. Cheryl Brooking, Esq. Wohlforth, Brecht, Cartledge & Brooking 900 W. 5th Avenue, Suite 600 Anchorage, AK 99501 phone: 907276.6401 fax: 907.276.5093 NOTICE: This communication is confidential, is intended only for the named recipient(s) above and may contain information that is privileged, attorney work product or otherwise protected by applicable law. If you are not the intended recipient or believe that you may have received this communication in error, please notify the sender and delete this e-mail. Unintended recipients of this e-mail should not print, copy, retransmit, disseminate or otherwise use the information. ANY FEDERAL TAX ADVICE CONTAINED IN THIS MESSAGE SHOULD NOT BE USED OR REFERRED TO IN THE PROMOTING, MARKETING OR RECOMMENDING OF ANY ENTITY, INVESTMENT PLAN OR ARRANGEMENT, AND SUCH ADVICE IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, BY A TAXPAYER FOR THE PURPOSE OF AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE. >>> Mel Stephens <mmstep @gci.net> 1/25/2012 2:21 PM »> FE 2 ile: / / /C:/ Users /DonnaC /AppData/Local/ Temp / XPgrpwise /4F2124D3wvjb_domwvj b_po 1001306564127... 1/31/2013 Page 1 of 2 Cheryl Brooking - Fwd: Re: APOC filings wegooreacoster From: Cheryl Brooking To: Stephens, Mel Date: 3/22/2012 2:57 PM Subject: Fwd: Re: APOC filings CC: Gifford, Rick Attachments: APOC filings.pdf, ASSY- STEPHENS_1.pdf Hello Mel, I am sending again the email I sent to you a few months ago. You have not responded. I once again ask for an explanation as to why you did not disclose on your APOC disclosure form your work for clients in litigation against the Borough. Please respond by 5pm tomorrow, March 23, 2012. Thank you. Cheryl Brooking, Esq. Wohlforth, Brecht, Cartledge & Brooking 900 W. 5th Avenue, Suite 600 Anchorage, AK 99501 phone: 907.276.6401 fax: 907.276.5093 NOTICE: This communication is confidential, is intended only for the named recipient(s) above and may contain information that is privileged, attorney work product or otherwise protected by applicable law. If you are not the intended recipient or believe that you may have received this communication in error, please notify the sender and delete this e-mail. Unintended recipients of this e-mail should not print, copy, retransmit, disseminate or otherwise use the information. ANY FEDERAL TAX ADVICE CONTAINED IN THIS MESSAGE SHOULD NOT BE USED OR REFERRED TO IN THE PROMOTING, MARKETING OR RECOMMENDING OF ANY ENTITY, INVESTMENT PLAN OR ARRANGEMENT, AND SUCH ADVICE IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED BY A TAXPAYER FOR THE PURPOSE OF AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE. >>> Cheryl Brooking 1/26/2012 10:02 AM >>> Hello again Mel, Your attached letter evidences some confusion about my prior emails, which are excerpted as follows: January 24: At your request, I will not try to speak with you personally. I look forward to a written response to my previous inquiries. Specifically, an explanation regarding lack of APOC disclosure, and confirmation that you will not participate further in any litigation against the Borough while serving on the Assembly. Thank you. January 20: I received your letters yesterday, but there was no explanation regarding why you did not report earned income in 2010 from your cases against the Borough. 0 there is a simple explanation, perhaps this can be resolved quickly. The documents you filed on behalf of Helen Yngve stated that you billed $4600 of attorney services in 2010, but this is not shown on your APOC disclosure. Your motion for fees also stated you are seeking a fee award "in favor of Helen Vngve which will make her whole," implying that she paid you for your services. T . 4 , 4.g 444 Attached is the APOC form you certified was correct and complete. If you are still confused about the APOC disclosure 51e: / / /C:/ Users / DonnaC / AppData /Local/Temp/XPgrpwise /4F6B3DE 1 wvjb_domwvj b_po 1001306564129... 1/31/2013 • Page 2 of 2 requirements, perhaps we should obtain further guidance directly from APOC. If you understand the requirements, please provide a detailed explanation, and confirmation that you will not represent clients against the Borough while serving on the Borough Assembly. Cheryl Brooking, Esq. Wohlforth, Brecht, Cartledge & Brooking 900 W. 5th Avenue, Suite 600 Anchorage, AK 99501 phone: 907.276.6401 fax 907.276.5093 NOTICE: This communication is confidential, is intended only for the named recipient(s) above and may contain information that is privileged, attorney work product or otherwise protected by applicable law. If you are not the intended recipient or believe that you may have received this communication in error, please notify the sender and delete this e-mail. Unintended recipients of this e-mail should not print, copy, retransmit, disseminate or otherwise use the information, ANY FEDERAL TAX ADVICE CONTAINED IN THIS MESSAGE SHOULD NOT BE USED OR REFERRED TO IN THE PROMOTING, MARKETING OR RECOMMENDING OF ANY ENTITY, INVESTMENT PLAN OR ARRANGEMENT, AND SUCH ADVICE IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, BY A TAXPAYER FOR THE PURPOSE OF AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE. >>> Mel Stephens <mmstep @gci.net> 1/25/2012 2:21 PM >>> gi ,3 ile: / / /C:/ Users /DonnaC/ AppData /Local/Temp/ XPgrpwise /4F6B3DE1wvjb_domwvjb _po 1001306564129... 1/31/2013 IN THE DISTRICT COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KODIAK KODIAK ISLAND BOROUGH f ;; ;e Plaintiff, '; -- - l/ - Glenn Yngve and 'V loh:,.n G■ ch;. Pam Yngve Cirik=dge R erocwiin Defendants - Helen Yngve Intervenor- Defendant Case No. 3K0 -09 -99 SC HELEN YNGVF'S MOTION FOR ATTORNEY FEES Pursuant to Rule 20(c) of the Alaska District Court Rules of Z O m,3c -m ..F5‘9 Civil Procedure, Helen Yngve hereby moves the court for an award of W ;ar — i s k " � IO costs and attorney fees. c Q W 1 ot" POINTS AND AUTHORITIES , a z e.“ $ ¢� Yw Rule 20(c) of the Alaska District..Court Rules of Civil Procedure a a F- - 0 W reads: (c) Costs shall be allowed as of course to a prevailing party. A party entitled to costs may be allowed the filing fee and 'other charges made by the court, the expense of service of process, witness fees, and reasonable attorney's 'fees. Helen Yngve prevailed as against the Kodiak Island Borough ( "the Borough ") when the court ordered that the $6,617.58 which had been seized from her savings account pursuant to a writ of garnishment obtained by the Borough be returned to her. The Borough caused Helen to incur costs of $50.00 because her bank charged that amount against her account as a levy fee when it received and responded to the writ of garnishment.Vi >J See 93 of the Affidavit of Helen Yngve attached as Exhibit A to her Opposition to Continuance dated December 14, 2010 ( "Affidavit of Helen Yngve ") . r,.. t? 2013 (3) The Borough's actions in filing Case No. 3K0 -09 -99 SC in the first place and securing what amounted to a second judgment on a cause of action which had already been litigated (in Case No. 3K0 -07 -98 SC) was at best highly inappropriate and at worst a fraud upon the court In 3K0 -07 -98 SC it was determined that the liability of Glenn and Pam Yngve to the Borough for unpaid garbage charges as of May 21, 2007 was $1,922.33 and a Judgment on the Pleadings or Agreement was duly entered for this amount plus interest, costs and fees. That judgment was subsequently fully satisfied. As Borough revenue accountant Cassandra Juenger testified on December 22, the Borough thereafter determined that the amount it had • b zo sued for in 3K0 -07 -98 SC was erroneously low, so it simply turned Z r5?F,, &m around and filed another small claims case for the amount which had War . N y ° ";zx7S been omitted. Doing so was contrary to basic principles of res • �0 .' . om , �WOFa�o Z G W x W g See Mallonee v. Grow, 502 P.2d 432 (Alaska 1972) , for a discussion >: c LA of fraud upon the court in a context not entirely dissimilar to ours. si See the log notes of the December 22 hearing at 9 of 11. The actual testimony, starting at approximately 10:48:05, ran as follows (CJ = Cassandra Juenger; CH - Clyde Hutchins): CH That 2007 [action], what year taxes did that apply to? CJ It was unpaid garbage, it's not taxes. CH Unpaid garbage - and what year did it apply to? CJ To my knowledge it went back to the very beginning of whenever we billed him. . . . 10:49:50 CJ There was an earlier judgment and that earlier judgment was dismissed on Alan Schmitt's advice because it was for the wrong amount. [Sic, the judgment in 3K0 -07 -98 SC was never dismissed; it was fully satisfied]. CH When you say it was for the wrong amount, was it wrong in the sense of not being high enough to recover everything that was unpaid? CJ Yes . . . the information the attorney had was incorrect when that earlier judgment was recorded. It should have been a much higher number. CH so this action here was an attempt to recover amounts that had not been recovered in the earlier case, is that correct? CJ That's correct. 10:50:31 Kodiak Island Borough v. Glenn & Pam Yngve, #3K0 -09 -99 SC Motion for Costs and Attorney Fees Page 3 of 4 7 2572 judicata and collateral estoppel but since the matter was being pursued in small claims court, the chances of this being discovered were minimal. To make matters worse, most, if not all, of the claims pursued by the Borough in this second bite of the apple appear to have been barred by the applicable statute of limitations.`-' Therefore, in securing the writ of garnishment pursuant to which it seized Helen Yngve's funds, the Borough was seeking to enforce a judgment which it appears never to have been entitled to in the'first place. The foregoing factors dictate in favor of an award of costs and attorney's fees in favor of Helen Yngve which will make her whole with respect to the Borough's actions. The court should therefore award her costs of $50 and attorney fees of $5,640. _ m DATED this 12th day of January, 2011, zs . �m y O JV, N. ec • u i x Q ° a � .8z<05�m M LVIN M. STEPHENS, I1 pzam� 9oW6 Attorney for Helen Yngve d z° J- w #8001124 CERTIFICATE E OP SERVICE 2 I, MELVIN M. STEPHENS, 11, hereby certify that 1 served the foregoing by firsuclass mail on Clyde Hutchins, Attorney for Kodiak Island Borough, at 900 W. 5th Avenue, Suite 600, Anchorage, Alaska 99501 and on Glenn Yngve at P.O. Box 90 g, Kodiak, AK 99615 this 12th day of January, 20H. • M VIN M. STEPHENS, II ' 1 The statute of limitations on causes of action grounded in contract is three years. AS 09.10.053. The present case, 3K0 -09 -99 SC, was filed on 4/21/09; therefore any claim arising before 4/22/06 would appear to have been time barred. The most likely explanation for why 3K0 -07 -98 SC sought only $1,922.33 in unpaid garbage charges is not that the Borough made a mistake in doing so; it is that this earlier figure did not include amounts which, while perhaps never paid, were recognized as barred by the three year statute of limitations. Thirty -six months of unpaid garbage fees at, say $40 per month would come to $1,440 (plus interest and penalties). Kodiak Island Borough v. Glenn & Pam Yngve, #3K0 -09 -99 SC Motion for Costs and Attorney Fees Page 4 of 4 .. ^e- r 3 113 S� r -. lam' +7 .,.:' I ,1 BILLINGS:: Date Client File # Fite!'" POOG. 11/29 Helen Yngve 160.00 Olc, coal. w. Hagen Yngve re: fouls altar Itom19413A minces account: num with motion to intsnrana in XIS J. Glenn & Pam Y ngeve SC case and ciRm to seized funds 11/30 Helen Yngve 1.0 200.00 PC w. Helen to confirm representation; cont. w. C. 01an 344113; daft authorization ler tense ol records: Prepare entry of appearance o 12/9 Helen Yngve 1.5 300.00 2:10-7:40 Psaaarch at law Rosary re: attachment & parnethmanti review lila II <clue. 12/10 Helen Yngve .8 160.00 .a 17C tv. Haien /nova: e-mail normal, to attn.. Clyde Hutchins sr Helen's ownership of seized funds. 12/13 Helen Yngve 2.8 560.00 17:21.3:27 last .3 Review a-mike MUM Isom Cara Hutchins; PC's ty. Helen Maya and Cabbie Olson; draft affidavit for Helen 7ilpva: of c. conf. vs, Heim amerce for •0•CLIIi01 of altioavit at cthu: bspin taylaw of ALP annotation: cont. w. 0. Olson al MBA ;et Wadi of Ofpoiiiis aad wilharaVvillti: review Misaissippl case cite by XIS. 12/14 Helen Yngve 1,9 380,00 12:30-1:44 7:28.390 TIC tw, Gann Yngve to canna, sOulta 01 orient deport to Holan's savings atcounr corresp. to C. Minutia (by au papars and file opposition to raquasi 00 COntinua 12/22 •omption haying. 1 2/1 5 Helen Yngve 5.7 1,140.00 11:20-6!30 lass _9 'moron or cuss cited in Kars opposition to claim ot sasumilon: begin drafting memorandum of Law a: parnishmant 061 3±00 accounts. 12/16 Helen Yngve 5.4 1,080.00 8:67.9138 10:40-3:23 RnIsh mornotsaium of law re: punishment ol joint Monk atmounu. Err,H1 mime to C. Hutchins, 12/17 Helen Yngve 1.2 240 Olo- cont. w, Caro Yoga so: background te entry ot de1ault and 1100311110 Oleos re: mains of proems: mew fie at clhsa same 12/22 Helen Yngve 1.9 380.00 Propose for and attend scHeduittd half 1/4/11 Helen Yngve .2 40.00 Review Ord111 on dram of Exonmtiorm end adylea otHnt of same 1/7 Helen Yngve 1.6 320.00 12:30-2:17 less .2 Course to C. HutChina a: postale saniament. 1/11 Helen Yngve 3.4 680.00 13:56-3:50 lea 1.6 Otaft motion for costa and attorney me. 28.20 5,640.00 EXHIBIT A Page 1 of 1 9 2113 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KODIAK HELEN YNGVE, ) • ) • Appellant, ) vs. ) KODIAK ISLAND BOROUGH, ) Appellant. )' ) Superior Case No. 3K0 -11 -181 CI (this appeal) District Court Case No, 3K0 -09 -99 SC (small claims case) ORDER VACATING AND REPLACING SMALL CLAIMS COURT'S DECISION ON ATTORNEY'S FEES I Introduction On April 21, 2009, the Kodiak Island Borough brought suit in small claims court against Glenn and Pam Yngve for "unpaid garbage accounts and penalties". After a default was entered against the Yngves, the Borough received judgment in its favor for $6,304.19 plus interest. On November 13, 2010, $6,617.58 in funds was seized from the joint bank account of Helen and Glenn Yngve at the First National Bank of Alaska. (Glenn is Helen's adult son.) Almost immediately thereafter, Helen notified the Borough that all of those funds in that account were hers, as Glenn's name appeared on the account for convenience's sake only, and that she needed to have her money returned to her right away. She was apparently told by the Borough that they would not refund her those monies without a court order. 1 Alaska Court System RTR ,7113 Helen Yngve then hired an attorney to represent her in the court action, who wrote the Borough reiterating the above - stated facts regarding Ms. Ingve's sole ownership of the funds taken) including a document from the bank verifying her allegations. Counsel asked that the monies be returned to her with both sides absorbing their costs and fees up to that point. Rather than giving back the money then and avoiding subsequent litigation and attorney's fees, the Borough wrote the evidence off as "inconclusive" and reiterated their intent to hold onto the funds unless they received additional proof of Helen's sole ownership of that account. Ms. Yngve, through counsel, responded with a memorandum citing legal authority for her proposition that even though the account in question was multi -party in nature, the Borough acted wrongfully in levying the monies taken given the true character of that account. At that point, the dispute between Helen Yngve and the Borough had i reached an impasse, and issue went before the local district court magistrate at a Claim of Exemptions hearing on December 22, 2010. After hearing testimony and receiving evidence from both sides, the court issued a written order a week later on December 29, ruling in Helen Yngve's favor, ordering all of her funds from First National Bank returned to her. It appears from the lower court's Order on Claim of Exemptions dated December 29, 2010 that Ms. Yngve's son, Glenn, was assisting his mother in moving from South Carolina to Kodiak, and the account was opened up in both their names, as Helen was "of advanced age ", and to make it easier for Glenn to help her with banking issues associated with the move, 2 Notably, the ruling favorably affected another member of the Yngve family, Margaret Yngve, who is the daughter of the defendants /debtors, Glenn and Pamela Yngve. $4,740.21 in funds seized from a separate account at Alaska USA Federal Credit Union, with Margaret and Pamela's name on it but which only belonged to Margaret), were ordered returned to her too, 2 Alaska Court System • II. Issue Presented On Appeal After the court issued the above - mentioned order, Mrs. Yngve's attorney moved for legal fees as per District Court Civil Rule 20(c), which permits a prevailing party to recover their "reasonable attorney's fees ". More to the point, she requested the Borough pay her full $5,640 in fees, calculated at 28.2 hours of work at $200 /hr. The Borough opposed, arguing first that Mrs. Yngve should not recoup any of her legal fees because she was merely an intervening party, and they (the Borough) were actually the "prevailing party" • in the case as a whole. Alternatively, they argued she should receive only a partial recovery, with 20% being the most under Civil Rule 82 because the matter was resolved prior to trial, and that the court should adjust that figure even lower because she was unnecessarily litigious, and the delay in getting her case resolved was more due to her lack of cooperation with them in providing the necessary proof that those funds were really hers. Magistrate Williams issued an order shortly thereafter, first finding that Helen Yngve was indeed the "prevailing party" as to the dispute at hand. The court then found, though, that her attorney's fees were unreasonable, as it felt a pro se litigant dealing with similar issues could have resolved the matter in 30 minutes. Instead of handling things that way, the court added, Mrs. Yngve took "the course of maximum litigation ", and that her counsel should not have expended more than an hour on the case. With that, the court awarded her $200 in legal fees, deeming one hour to be "reasonable attorney time" and counsel's billing rate to he $200 /hr. From this order, Helen Yngve appeals. 3 ;;,>;„ Alaska Court System HI Standard of Review The issue here is whether there was an "abuse of discretion" by the lower court when it ordered the Borough to pay Ms. Yngve $200 in attorney's fees. An abuse of discretion as to a fee award exists if it is `arbitrary, capricious, manifestly unreasonable or based upon an improper motive ". Chambers u. Scofield, 247 P.3d 982, 987 (Alaska 2011); Hughes u. Foster Wheeler, 932 P.2d 784, 793 (1997). N. Analusis Of Facts Presented, The Lower Court's Award And Applicable Law a) Overview Of This Court's Decision On Appeal For the reasons set out below, this court finds that the award of only $200 of Helen Yngve's actual fees of $5,710 was manifestly unreasonable and improperly motivated by a comparison to other small claims cases apparently litigated in much less time. Truth be told, this case presented issues that were apparently of first impression with the court and attorneys, and rather quickly morphed into complex litigation, relative to other small claims casts the court took comparisons with, which can take up significant attorney time and fees. The low fee award also does not consider the fact that the Borough would not release the funds to Ms. Yngve absent a court order, and when up against a governmental entity like the Borough backed by an office of lawyers, she had no other real choice but to hire one too and thus incur fees. Finally, it is inherently unreasonable here that the Borough recouped their full (100 %) legal fees of $324.60 in getting the default against Glenn Yngve, and yet Ms. Yngve received even less than that ($200), only 3.5% of her $5,640 in fees. 4 FEE,' 2013 Alaska Court System b) Fees Should Not Have Been Determined Here Simply By Comparing This Case With Other Small Claims Cases It appears that the primary focus of the lower court in deciding the attorney fee issue was a comparison to other cases in small claim's court that were resolved more simply and in significantly less time, which in turn led the court to conclude that only an hour of attorney time was all that was needed here and /or would have brought about the same result. This court strongly disagrees, and finds that rationale to be manifestly unreasonable and improperly motivated by a comparison that is really "apples and oranges ". In the lower court's earlier opinion ordering the funds be returned to Ms. Yngve, it seemed to acknowledge that the issue here - whether funds can be properly seized from a joint account that was, for the most part, owned by a co- signer who is not the debtor - was an issue of first impression in Alaska. The court then discussed case law in other states, noting the majority view on this issue (which Ms. Yngve urged the court to adopt) as well as the minority view (supported by the Borough). It then, this court notes, went through a well- thought -out analysis of the two opinions expressed by other jurisdictions, and applied the majority view and ruled in favor of Ms. Yngve. Given all of this, it is non - sensical to compare this case with other "normal" small claim cases, as the lower court did here when it concluded: ...the debtor typically expends roughly five minutes on the phone with the creditor, five minutes filling out a request for a court hearing, and twenty minutes in court arguing the matter.... Had Helen Yngve taken this course of action, she would've have likely achieved the same result ". 5 Alaska Court System Considering the complexity of this case, that it was a new issue that both parties and the court had not previously encountered, and the obvious differences with "regular" small claims cases, deciding the fee award here simply by comparing it with time spent in other cases was in error. c) Helen Yngue Had To Incur Some Legal Fees Ms. Yngve was, for all practical purposes, left with no other real option than to hire an attorney because of the actions taken against her by the Borough. They seized money out of her bank account, albeit because the account also bore the name of her son, who owed the Borough money for delinquent garbage collection bills. The outcome here might be different if Ms. Yngve were up against a Borough staff member who was stubbornly refusing to return her money to her. Rather, she was up against the Borough attorneys, who apparently told her they would not return her funds without first going to court and getting an order from a judge. It was reasonable at that point in time for Ms. Yngve to find a lawyer to represent her. Put another way, she needed to (and deserved) to be represented in this matter, and she did not err in hiring a lawyer to help her fight the Borough's attorneys. It is never a "wrong" or "bad" decision for a litigant, even in a small claims type matter, to be represented by an attorney. That is especially the case when the other party is a government represented by an entire law office. The Borough had taken thousands of dollars of Ms. Yngve's money, and their attorneys refused to give it back. That is not a fight anyone should have without their own lawyer. 6 Alaska Court System d) Ms. Yngve Was Not The One To Exacerbate The Litigation Here, And It Cannot Be Said That She Wasted Time And Fees On Extraneous Arguments From the facts presented, it appears the Borough caused the litigation to escalate here, not Ms. Yngve. They imply that had they been given certain evidence before the hearing, they would have happily returned Ms. Yngve's money. This view, though, appears to be a stretch at best. The Borough was presented with an affidavit explaining the background of the account's ownership. Affidavits are ordinarily considered sufficient evidence of the facts contained within, despite the Borough's claims it was self - serving and needed further proof. Affidavits are usually deemed sufficient for summary judgment motions in much larger and more complex cases. See Civil Rule 56. In addition, the Borough received a letter from the bank that they write off as inconclusive but which verifies Ms. Yngve's ownership of the account. While the Borough was within its rights to force a hearing, it is disingenuous when it suggests it would have happily settled this case if presented with more proof. It was given enough evidence of ownership but chose to ignore it. Indeed, even at the hearing when the Borough was presented with the facts it now claims would have caused it to concede, it continued to litigate. It is very clear that absent the court order in this case, the Borough never planned on returning Ms. Yngve's money. She therefore cannot be said to have been the sole cause of the length or intensity of this litigation. 3 See Motion for Attorney's Fees, Exhibit C (affidavit of Helen Yngve). 4 See Motion for Attorney's Fees, Exhibit A, page 4 of 4. 7 Alaska Court System On a related note, the Borough also argued that Ms. Yngve should not recover her fees because they acted properly in seizing her money. That is incorrect. Albeit, while the Borough apparently did not know the whole story when they took the funds, they acted in a gray area of law and without all the information available, and it cannot be said they acted properly. That is why the money was returned to Ms. Yngve. The Borough overreached, and the judicial system had to intervene to set the situation right. The Borough also posited that Ms. Yngve was not a prevailing party in this matter (and thus not eligible to recoup her attorney's fees) because they were victorious in the "main issue in this matter "; i.e. getting the default judgment against Glenn and Pam Yngve earlier on. That is also incorrect. While it is true they did obtain a judgment against the other Yngves, that victory does not mask the fact that Helen Yngve prevailed in her claim against them to have her money returned. This was a separate issue, and on it, she was the "prevailing party" for purposes of receiving attorney fees. Ms. Yngve has also been charged with presenting tangential, extraneous arguments that wasted the court's time and resulted in extra, unnecessary legal fees. However, she should not be reprimanded for posing two separate theories of defense. She had no idea how the court would rule, and so she presented two alternative arguments: a simple fact -based theory, and a more complex law -based one. It is no surprise that, although not the "winning" argument, the more complex one took up more time and fees to present. s See Opposition to Motion for Attorneys Fecs, at page 5. 8 Alaska Court System F:71 f 'o3' Raising multiple theories becomes even more reasonable where both the court and Borough admitted that the law regarding garnishing joint accounts is not clear, and thus Ms. Yngve's victory on this point was not a forgone • conclusion leading up to the Claim of Exemptions hearing,fi Given that, her attorney had every right to propose separate theories of her case. And it should be noted that her argument on the validity of the underlying judgment was by no means frivolous, just as the Borough's defense of their garnishment was not meritless. A losing theory is not per se frivolous, This tact was actually highly logical; i.e. attack the garnishment itself and also attack the judgment giving rise to the garnishment. e) Conclusion Given the above findings and applicable law, this court finds and concludes that the award of $200 of Helen Yngve's actual fees of $5,640 was improper and unsupported by the law, as it was manifestly unreasonable and improperly motivated by the above - mentioned matters, including but not limited to a comparison to other small claims cases litigated in much less time, As such, it was error to award her attorney's fees of only $200, and the order doing so must be reversed and set aside. At the same time, a more legally -sound determination of her "reasonable" attorney's fees must be made, and the Borough should be ordered to pay that new amount. 6 See Borough's Motion to Strike of December 12, 2010, at page 1, and the district court's "Order on Claims of Exemption ", dated December 29, 2010 at pages 2 -3 of the order, where it indicated "(TJhe applicable rule of law in this situation has not been established by any controlling precedence', and that there was both a majority and minority position on the matter, and not a single rule of law, 9 Alaska Court System V. A Reasonable Attorney Fee Award a) Art Analysis Under Civil Rule 82 Although District Court Civil Rule 20(c), which applies in this case and provides for the prevailing party to recoup "reasonable attorney's fees ", it is helpful to look at Civil Rule 82, which governs fee awards in most other civil cases, There, under section (b)(1), a prevailing party receiving a money judgment? of $6,617.58 would be entitled to 20% ($1,323.52) in fees if the matter was contested at trial.s Even if the return of Ms. Yngve's money was uncontested, she would at least have been entitled to 10% (661.76) in fees under this rule. On top of this, the court may also adjust the award up or down if any mitigating or aggravating factors apply as per section (b)(3)(A -K) of the rule, including the complexity of the case, the reasonableness of the hours spent, counsel's efforts to minimize fees, and other equitable factors deemed relevant. If Civil Rule 82 did apply here, this court probably would have adjusted the $1,323.52 (20% of $6,617.58) amount a little bit higher given the somewhat- complex issue of "garnishing joint accounts" presented, the Borough's reluctance to return Ms. Yngve's money once her sole ownership of the account was clear, and (perhaps) the fact that the litigation here also benefitted Margaret Yngve, wronged by the same issue. The court acknowledges that an argument could be made that Ms. Yngve just received her own money back and did not "win" $6,617.58 of the Borough's money, thus triggering section (b)(2) of Civil Rule 82 for guidance, not (b)(1). However, the end result here was certainly similar to receiving a money judgment, and Civil Rule 82 does not dictate fees here anyway. 3 While the December 22 proceeding was a Claim of Exemptions "hearing", it was adversarial and contested, and for all practical purposes, a "trial ". A fee award for cases "contested, without trial" is 18% ($1,191 in fees in this case), still fairly close to a 20% award anyway. 10 Alaska Court System Jo t;, a fe • b) An Analysis Of Ms. Yngue's Actual Fees Here While a Civil Rule 82 "attorney fee" analysis is helpful, the bottom line is that District Court Civil Rule 20(c) provides for actual reasonable fees, and if the rule makers had intended for the court to award only partial attorney's fees in small claim's cases, they would have done so, but they did not. • Ms. Yngve's attorney provided a detailed accounting of his time, which is helpful in deciding "reasonable" fees in light of the stakes here, the nature of the contested claim and other factors in the "guidelines" of Civil Rule 82(b)(3)(A -K). Viewed as a whole, though, they appear to be an almost unavoidable consequence of Ms. Yngve being forced to retain counsel. In the first days of counsel's involvement (November 29 -30, 2010), he met with Ms. Yngve, then reviewed her file and the applicable law, and entered his appearance. That took 3.3 hours, all well within the zone of reasonableness of what a lawyer would be expected to do when first getting into a case, whether a regular civil or criminal case or a small claims one. Her attorney then spent 5.5 hours December 9 -14 reviewing the Borough's letter, researching the case law cited by the Borough, doing his own investigation by speaking with Glenn Yngve and bank representatives, and preparing his response letter as well as the supporting affidavit and Letter. This represents what appears to be a good -faith attempt at resolving this case short of a full - blown Claim of Exemptions hearing, and what one would expect an attorney to reasonably do whether this was a `regular" case or a small claims one. 9 It is attached as Exhibit A to her Motion for Attorney's Fees. 11 Alaska Court System In the next phase of attorney time, Ms. Yngve's counsel worked 11.1 hours (Dec.15 -16) researching and writing a twelve -page brief to the court, outlining her side and presenting reasons why the court should rule for her. This court views it as akin to a trial brief, and one that is normally prepared in many civil cases, but almost never in any small claims cases where the stake is only $6,617.58. While it was a well- written one and undoubtedly assisted the magistrate in making his decision that was favorable to Ms. Yngve, it was unsolicited by the court, more than just a reply to the Borough's Opposition to Claim of Exemptions, and perhaps unnecessary or unreasonable in light of the amount in dispute, the fact that this was a small claims case, and Ms. Yngve was going to get "her day in court" at a Claim of Exemptions hearing anyway, and not a matter that would be decided on briefs alone. Following that, Ms. Yngve's attorney spent 1.2 hours on December 17 reviewing and researching, seemingly into the argument regarding whether the underlying judgment allowing the garnishments was valid, and in preparation for court. All of that seems reasonable under the circumstances. Preparation on December 22 for the hearing later that day, as well as attendance therein, took 1.9 hours, all again reasonable. Counsel then took .2 hours on January 4, 2011 to review the Order on Claim of Exceptions handed down December 29. He then apparently worked on a letter to the Borough attorney regarding a post - hearing settlement of this case for 1.6 hours on January 7, and took 3.4 hours to draft the Motion for Attorney's Fees on January 11, all of which also appears to be reasonable time spent. 12 Alaska Court System It is possible that some of these matters took longer than they perhaps could have. However, Ms. Yngve should be awarded fees for reasonable time spent doing reasonable legal work. The Borough forced her to retain an attorney, and an attorney has a duty to be vigorous and diligent in his representation. Taking that into consideration, in this case, Ms. Yngve's lawyer had a duty to perform certain tasks, and reasonably performed others. Those tasks include the initial consultation and research into the case, the letter to the Borough's attorney attempting to stop this litigation short of trial, preparation for (and attendance at) the hearing, and some post trial work. That amounts to 17.10 hours of work, and at $200 an hour, her fees for this work done was $3,420. As to the 11.1 hours spent on a small claim's trial brief, while the court reiterates that it was well- written and probably assisted the lower court in making its decision, it does not appear to have been reasonably done under all the circumstances mentioned above. Given the facts presented and the applicable law, this court finds and concludes that Ms. Ynge was entitled to receive reasonable attorney's fees here under District Court Civil Rule 20(c), and that amounted to $3,420. VI. Orders Accordingly, IT IS ORDERED that: 1. That portion of the district court order of February 23, 2011 awarding Helen Yngve $200 in attorney's fees against the Borough is vacated. 13 Alaska Court System S v • 2. In its place, Helen Yngve is awarded $3,420 against the Kodiak Island Borough as her reasonable attorney's fees.'° Her lawyer shall prepare any necessary paperwork for the court's signature to effect this change. � �. DATED this ) day of December, 2011 at Kodiak, Alaska. STEVE W. COLE Superior Court Judge I ^VflTIFY THAT A COPY OF T�HE ABOVE AlAt _. -. �y MAILED TO 1 1. �.0 u+ n lS .S_ DEPOSITED IN OISTRIstmoN T{WY CLEW OFFICE, KOOIAK 64e.phiarlS w Rather than remanding this back to the district court to either (1) re- assess Ms. Yng'e's "reasonable attorney's fees" itself or (2) issue a new order based on this court's determination of what the fee award should be, this court is entering the order itself, as the magistrate is out of town for 3 weeks and this case has been under advisement Longer than normal and the parties deserve some finality, more sooner than later. 14 • Alaska Court System er OF 7' �93:\O 7 % mom THE STATE Department of Administration - . = = d6 Ofl 1L1 1V ALASKA PUBLIC OFFICES COMMISSION �.�. : -_ -Y 2221 E. Northern Lights Blvd., Rm. 128 -• GOVERNOR SEAN PARNELL Anchorage, AK 99508 -4149 O' d i Main: 907.276.4176 Toll Free in Anchorage: 800.478.4176 Email: doa.apoc.reporis @alaska.gov www.doa.alasko.gov/apoc TO: Jerome M. Selby, Mayor of the Kodiak Borough RECEIVED DATE: February 21, 2013 FROM: July Lam FEB 2 5 2013 SUBJECT: Request for Inspection of Records Jerome M Selby v. Melvin M Stephens, 11 eoROUOr+CLERK'S O�ICE APOC Case No.: 13 -04 -POFD f, KODIAK 9 The Alaska Public Offices Staff requests the production of records identified below for inspection at the Anchorage Office at 2221 E. Northern Lights Blvd., Suite 128, on or before March 4, 2013 at 10:00 am. Access to these documents is authorized by AS 15.13.045(c) and 2 AAC 50.806. INSTRUCTIONS: This request is directed to Mr. Jerome M. Selby as Mayor of the Kodiak Borough. This request calls for the production of records or things in possession, custody or control of your agents, attorneys, representatives, other persons who have records or things deemed to be in your possession, custody or control. DEFINITIONS: "Record" means any written, recorded or graphic matter however produced or reproduced. If a document has been prepared in several copies, or if additional copies have been made, and the copies are not identical, or have undergone alteration, each non - identical copy is a separate "record." The word "record" shall also include all drafts of any requested record. "Record" shall also include any kind of written or graphic matter, however produced or reproduced, of any kind or description, whether sent or received or neither, including originals, copies and drafts, and including but not limited to: papers, books, accounts, letters, photographs, objects, tangible things, correspondence, telegrams, memoranda, notes, desk calendars, diaries, notations, work papers, communications to, between and among directors, officers, agents, partners, secretaries, or any other employees. It shall also mean transcripts, minutes, reports, and recordings of Request for Records Selby v. Stephens, 13 -04 -POFD Page 12 telephone or other conversations, or interviews, or of committee meetings or other meetings, affidavits, statements, summaries, opinions, reports, indices, studies, analyses, evaluations, contracts, licenses, agreements, balance sheets, income statements, questionnaires, answers to questionnaires, statistical records, appointment books telephone logs, lists, tabulations, charts, graphs, maps, surveys, sound recordings, data sheets, computer printouts, information or documents stored in computer hard drives, discs or memory, microfilms, all other records kept by electronic, photographic or mechanical means and things similar to any of the foregoing, regardless of their author or origin, however denominated by it. RECORDS REQUESTED: 1. Records related to the disposition of the final attorney's fees as per the Order Vacating and Replacing Small Claims Court Decision on Attorney's Fees. Specifically, these records would be records of the payment being made, to whom the payment was made, and the accounting records of this transaction. 2. Accounting records in your possession in your official capacity as mayor related to payments made from the Kodiak Borough in the case of Ms. Helen Yngve. 1 hereby certify that on this date, 1 caused a true and correct copy of the 13-04 - POFD records inspection request to be delivered as indicated to the following: Jerome M. Selby C7Y Email 710 Mill Bay Road ILI First Class Mail Kodiak, AK 996 ❑ Fax jerome.seibv@kibassembly.org Melvin M. Stephens II x❑ Email 326 Center Avenue, Suite 90A © First Class Mail Kodiak, AK 99615 ❑ Fax mel.stephens n,kibassembly.org; mmstep @gci.net 2/21/2013 J uly Lam Date Alaska Public Offices Commission Associate Attorney I r 7 __, Irodthk Is Jena' ftoroa k *„ . :),,, , Office of the Borough MIayor r� %jJ ° , 710 Mill Bay Road , ` k ,' t .? Kodiak, Alaska 99615 a d .. _. Phone (907) 486 -9310 Fax (907) 486 -9391 __9a , 4.4 , <.;' . February 27, 2013 July Lam Associate Attorney I Alaska Public Offices Commission 2221 E. Northern Lights Blvd., Room 128 Anchorage, AK 99508 -4149 RE: Request of Inspection of Records Jerome M. Selby v. Melvin M. Stephens, 11 APOC Case No.: 13 -04 -POFD Dear Ms. Lam, In response to the request for production of records, attached are the records the Borough holds in its possession regarding: 1. Records related to the disposition of the final attorney's fees as per the Order Vacating and Replacing Small Claims Court Decision on Attorney's Fees. Specifically, these records are records of payment being made, to whom the payment was made, and the accounting records of this transaction. 2. Accounting records in the Borough's possession related to payments made from the Kodiak Island Borough in the case of Ms. Helen Yngve. Sincerely, KODIAK ISLAND BOROUGH 7' Jero a M. Selby / Borough Mayor —, 5yy4� . ..12/30/20,11- ' . .1.11 - .Satisfaction •of c order case #3K0- 09 -9SC and .,-- _ 3,420:00 - • . . , 3K0 -11 -181' CI' 5. 5 . . t 5: 4 °. • { . . • a x .. -" 0 ?' , $3,420:00 .59943." • Three ThousandrFour Hundred Twenty and 00 /100 HELEN YNGVE ,, , 309 ERSKINE APT #3,18 4 ' KODIAK, AK 99615 9 c-2' &. .e 1 3 a , . * R R , t ; Kodiak Island Borough r 2 ft -= t ►�' y CHECK REQUEST This form is to be used for APPROVED invoices NOT accompanied by copy of Purchase Order. DATE: 3/29/2012 VENDOR NO: 171 [I TO: Accounting Technician Please Prepare Check Payable To: Helen Yngve 309 Erskine Ave #312 KODIAK, AK 99615 Total Amount: $ 3,420.00 Invoice Invoice Date Number Amount Account Number 12/30/11 ( 1 (L 3420.00 _Apia_ - I L5 ��JI I hn EXPLANATION OF EXPENSE: Satisfaction of court's order case # 3K0- 09 -9SC and 3K0 -11 -181 CI (see attached). Received By: Dora Cross `C V s�sa• COV I • Requested By: Finance DeIartment Autho zed By: Approved By: • I' A A Departi nt Head ig ure • Borough Manager (over $5,000.00) *special instructions: Please return to requester. Revised by MIS 01 /10/2005 • Dora Cross From: Mary Pinkel < mpinkel @akatty.com> Sent: Wednesday, March 28, 2012 8:15 PM To: Dora Cross Subject: Helen Yngve: our file no. 4101 3052, 12/31/11 order Attachments: 2nd Sample letter to Helen.docx; Order Vacating and Replacing Small Claims Court's Decision on Attorney's Fees.pdf Dear Dora, Attached is an example of a letter you could send to Helen along with a check for $3,420 in satisfaction of the court's order of 12/30/11 in Cases no. 3K0- 09 -99SC and 3K0 -11 -181 Cl. I am also attaching a copy of the Order. Thank you. Please call if you have questions. Mary Mary B. Pinkel, Esq. mpinkel @akatty.com Phone: 907.276.6401 Fax: 907.276.5093 Wohlforth, Brecht, Cartledge & Brooking A Professional Corporation 900 W. 5th Avenue, Suite 600 Anchorage, AK 99501 NOTICE: This communication is confidential, it is intended only for the named recipient(s) above and may contain information that is privileged, attorney work product or otherwise protected by applicable law. If you are not the intended recipient or believe that you may have received this communication in error, please notify the sender and delete this e -mail. Unintended recipients of this e -mail should not print, copy, retransmit, disseminate or otherwise use the information. ANY FEDERAL TAX ADVICE CONTAINED IN THIS MESSAGE SHOULD NOT BE USED OR REFERRED TO IN THE PROMOTING, MARKETING OR RECOMMENDING OF ANY ENTITY, INVESTMENT PLAN OR ARRANGEMENT, AND SUCH ADVICE IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, BY A TAXPAYER FOR THE PURPOSE OF AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE. 1 • 2. In its place, Helen Yngve is awarded $3,420 against the Kodiak Island Borough as her reasonable attorney's fees. Her lawyer shall prepare any necessary paperwork for the court's signature to effect this change. DATED this .l) da y of December, 2011 at Kodiak, Alaska. STEVE W. COLE Superior Court Judge : 2rFY THAT .A COPY OF THE ABOVE Mil: . _WLNLEDTO HalMi'1S DEPOSITED IN DISTRIBUTION TRAY CLEm<'S OFFICE, KODIAK &IC J , ) : to Rather than remanding this back to the district court to either (1) re- assess kis. Yngve's "reasonable attorney's fees" itself or (2) issue a new order based on this court's determination of what the fee award should be, this court. is entering the order itself, as the magistrate is out of town for 3 weeks and this case has been under advisement longer than normal and the parties deserve some finality, more sooner than later. 1'1 Alaska Court System ;/ Kodiak Island Borough /,a o Finance Department r , 710 Mill Bay Road firk � Kodiak, Alaska 99615 • 14.4:67 Phone (907) 486 -9323 Fax (907) 486 -9392 March 29, 2012 Ms. Helen Yngve 309 Erskine Avenue, Apartment 318 Kodiak, AK 99615 Re: Helen Yngve as Intervenor Case NO. 3Ko- 09 -99 -SC and Case NO. 3Ko -11 -181 CI Dear Ms. Yngve, Enclosed as payment in accordance with the court's Order of December 30, 2011 is check number 59943 in the amount of $ 3,420.00. I ani enclosing a copy of the Court's Order. Thank you. Dora Cross Enclosure: check # 59943 and Order dated December 30, 2011. cc: Melvin Stephens w /copy of check #59943 Mary Pinkel, w /copy of check # 59943 Search Results:CHECKS Page 1 of 1 rya..3 74 'di1't�a'S 02/13/2013 6:02 PM EST KODIAK ISLAND BOROUGH WEI:L51 Customer ID:' Search Results: CHECKS A_ , '$'{,G01 OPERATOR ID: As Of 02/13/2013 Commercial Electronic Office Stops - Images - Search Currency: USD Bank: - WELLS FARGO BANK ALASKA, N.A. Account: KODIAK ISLAND BOROUGH • Check 4/ Item Sequence # Amountt Tran. Description Posting DatetAs of Date Copy Cust. Ref.# Type Available 59943 8717219757 3,420.00 Debit CHECK PAID 04/03/2012 04/03/2012 Yes Search Criteria: Check / Customer Reference Numbers: 59943 Amounts: All Posting Dates: 02/18/2012 to 02/13/2013 (mm /dd /yyyy) t All currency amounts will end in .00. t Intraday Information subject to change. * Items marked with an asterisk are due to expire within the next 30 days. These items will automatically be renewed on their expiration date and the appropriate account will be charged. - -- -End of Report--- - Privacy, Security & Legal © Copyright 2002 - 2013 Wells Fargo. All rights reserved. lions: / /wellssuite.wellsfareo. corn/ sns/ nostedltemsSearchRe .snhsPrint.do?csrf= VOVF- CV.U... 2/13/2013 aaa4� 03/16/2012 20120312 court ordered payment of, attorney fees • 655:60 • • ', .ct • . . a , . • 03/27/201 ' , $655,60. 59941 ,Six Hundred. Fifty -Five and 60/100 Dollars • i ,. ' HELEN YNGVE • . 309 ERSKINE APT #318' `C 'h4 4- 1f.ie KODIAK,.AK 99615 R, R . R j(- ; Kodiak Island Borough p ft Rf� \i R R �., i si m �� ea CHECK REQUEST This form is to be used for APPROVED invoices NOT accompanied by copy of Purchase Order. DATE: 3/17/2012 VENDOR NO: A Le TO: Accounting Technician Please Prepare Check Payable To: 4C—' 611 clog etfmh (�l A 3 i P) Total Amount: $ 655.60 Invoice Invoice • Date Number Amount Account Number 03/16/2012 Q.010.0312_ 655.60 '(0 - 1 - 4b1 - 1�0 - EXPLANATION OF EXPENSE: 2I 1!I Court ordered payment of attorney fees. Received By: Dora Cross T(a1,1.>plr\ ard et Requested By: Finance Department Authorized By: Approved By: Xth AA Department Head Signature Borough Manager (over 55,000.00) *special instructions: Please return to revenue accountant. Revised by MIS 01 /10 /2005 • • IN THE.SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KODIAK HELEN YNGVF. Intervenor Defendant /Appellant, District Court Case No. vs. 3K0 -09 -99 SC KODIAK ISLAND BOROUGH • Superior Court Case No. Appellee. 3K0 -11 -181 CI ORDER REGARDING COSTS AND ATTORNEY'S FEES C ) ■, N IT HEREBY ORDERED that, in accordance with Appellate Rule 508, - wasi_, ;o „ Appellant shall be awardedAhe.r costs on appeal andgattorney's fees w r, , - Li : ° _ on appeal 2•r -eh amount of $ G51 Go . v; � „Y, ; o u p , o V`... - -- � oz¢ ,Ls, DATED th J day of J`� , 2012. - u i _o Or Z o F 2 O w w r) J m N w l /. D S STEVE W. COLE Superior Court Judge -- • • y ` n � n fi � �'�' 'L ardy OP r l f ss • Yom"'.1 J* ( Sr set czi c, a�^.U.fn� e� eLe-,n a- `% ^ ist d ,w� r� �?1�. •Qr - - -.asl L� orciki -t•eJ - c u;( I ..i■a i3.iL0 - ASV aq r a t{'evidn5 Saws c -J- -ca— r , Fyn€ is i 11 0 , I d + a . 1 § ��tldc3T cu of?9J IC r c • I CERTIFY TH • 'A COPY OF THE ABOVE YJAS p fJ �5 S Caps t4 0 $ U7a MAIL: )705Yws) 4c.4r, 6r 2 347 cuJcnrd lA GIG .(oO C _ DEPO' ITED IN DISTRIBUTION TRAY ( COAMPkT b-5 0 ahv15 L %o u ' .t y • CLERK'S 0 ICE, KODIAK , • • b' CLERK a Ogg • • Dora Cross From: Julius Brecht <1Brecht @akatty.com> Sent: Monday, March 12, 2012 12:45 PM To: Mary Pinkel Cc: Julius Brecht Subject: Fwd: Kodiak Order Attachments: Order Kodiak.pdf FYI - Mary this was in Julius' in box just now. - Shirley »> Clyde Hutchins <clyde.hutchins @wyo.gov> 3/12/2012 12:16 PM »> Hello Julius: I hope things are going well for you in Alaska. I heard that you had a record amount of snowfall this year. The skiers must be having a great time. I have settled down in Wyoming now. Between my work and the duties in raising a baby I am keeping very busy, but enjoying both. I just received a court order for a case in Kodiak. I am still attorney of record in that case. It was a small claims case that was appealed to the Superior Court in Kodiak. The other party moved for an award of attorney fees. On March 6, 2012, the court ordered Kodiak Island Borough to pay the other party $655.60. This order should be sent to Kodiak Island Borough as soon as possible. The Borough has an appeal right to the order. I will leave that job to the firm since Kodiak is a long time client of the firm. I will be glad to cooperate if you need my assistance in having someone from the firm enter an appearance and /or my withdrawal as attorney of record. Thanks, Clyde *Clyde W. Hutchins* Senior Assistant Attorney General Wyoming Attorney General's Office 307.777.7847 Attention: This e -mail transmission, including any attachments, may contain confidential and /or privileged information. This transmission is intended to be solely for the use of the named recipient. If you are not the intended recipient, any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this e -mail in error, please immediately notify me by telephone or return e -mail so that I can arrange for the deletion of the information and destruction of any copies that have been made at no cost to you. E -mail to and from me, ,imc&nnection with the transaction of public business, is subject to disclosure under the Wyoming Public Records Act, and may be disclosed to third parties. E -Mail to and from me, in connection with the transaction of public business, is subject to the Wyoming Public Records Act and may be disclosed to third parties. 2 Dora Cross From: Mary Pinkel < mpinkel @akatty.com> Sent: Friday, March 23, 2012 6:09 PM To: Dora Cross Cc: Cheryl Brooking Subject: Helen Yngve, Our file no. 4101.3052 Dear Dora, In regard to the Order dated March 6, 2012, where the court ordered that the Borough pay Ms. Yngve $655.60 for her role as intervenor /defendant /appellant in Superior Court Case no. 3K0 -11 -181 CI, I talked to Mel Stephens and he gave me her home address so that you can send the check directly to her there. It is as follows: Ms. Helen Yngve 309 Erskine Avenue Apt 318 Kodiak, AK 99615 Do you still have the Order dated 3/6/12 so that you can reference it? (I think I e- mailed it to you the other day.) Please send me a copy of whatever yo send her. By the way, we may owe her more money, from an earlier court order in late December, 2011. I am checking in to it. Thank you. Mary Mary B. Pinkel, Esq. mpinkel @akatty.com Phone: 907.276.6401 Fax: 907.276.5093 Wohlforth, Brecht, Cartledge & Brooking A Professional Corporation 900 W. 5th Avenue, Suite 600 Anchorage, AK 99501 NOTICE: This communication is confidential, it is intended only for the named recipient(s) above and may contain information that is privileged, attorney work product or otherwise protected by applicable law. If you are not the intended recipient or believe that you may have received this communication in error, please notify the sender and delete this e -mail. Unintended recipients of this e -mail should not print, copy, retransmit, disseminate or otherwise use the information. ANY FEDERAL TAX ADVICE CONTAINED IN THIS MESSAGE SHOULD NOT BE USED OR REFERRED TO IN THE PROMOTING, MARKETING OR RECOMMENDING OF ANY ENTITY, INVESTMENT PLAN OR ARRANGEMENT, AND SUCH ADVICE IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, BY A TAXPAYER FOR THE PURPOSE OF AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE. 1 \; Kodiak Island Borough Finance Department 710 Mill Bay Road at e- �y Kodiak, Alaska 99615 , _, Phone (907) 486 -9323 Fax (907) 486 -9392 March 29, 2012 Ms. Helen Yngve 309 Erskine Avenue, Apartment 318 Kodiak, AK 99615 Re: Helen Yngve as Intervener Case NO. 3Ko- 09 -99 -SC and Case NO. 3Ko-11-181 CI Dear Ms. Yngve, Enclosed as payment in accordance with the court's Order of March 6, 2012 is check number 59941 in the amount of $655.60. I am enclosing a copy of the Court's Order. Thank you. Dora Cross Enclosure: check # 59941 and Order dated March 6, 2012 cc: Melvin Stephens w /copy of check #59441 Mary Finkel, w /copy of check # 59441 Search Results:CHECKS Page 1 of 1 Phi 02/13/2013 6:03 PM EST KODIAK ISLAND BOROUGH .WELL Customer ID: Search Results: CHECKS FAR GO' OPERATOR ID: As Of 02/13/2013 Commercial Electronic Office Stops - Images - Search Currency: USD Bank: WELLS FARGO BANK ALASKA, N.A. Account: KODIAK ISLAND BOROUGH Check # / Item Sequence # Amountt Tran. Description Posting DatetAs of Date Copy Cust. Ref.# Type Available 59941 8717219756 655.60 Debit CHECK PAID 04/03/2012 04/03/2012 Yes Search Criteria: Check/Customer Reference Numbers: 59941 Amounts: All Posting Dates: 02/18/2012 to 02/13/2013 (mm /dd /yyyy) All currency amounts will end in .00. $ Intraday Information subject to change. Items marked with an asterisk are due to expire within the next 30 days. These items will automatically be renewed on theft expiration date and the appropriate account will be charged. - -- -End of Report--- - Privacy, Security & Legal ©Cop 2002 - 2013 Wells Fargo. All rights reserved. thins: / /wellssItilewellsfarpo. corn/ snsl nnstcrlltemsSearcliResultsPrint _rtn?csrf VOVE- CV71__ 2/13/2013 BEFORE THE ALASKA PUBLIC OFFICES COMMISSION JEROME M. SELBY, Complainant, vs. RECEIVED MELVIN M. STEPHENS, II MAR - 5 2013 Respondent. L J /- / BOR KODIAK, ALASKA FICE Case No. 13 04 POFD ANSWER TO COMPLAINT DATED 2/12/13 Melvin M. Stephens, II, Respondent with respect to the complaint filed by Jerome M. Selby and dated 2/12/13, answers said - a complaint as follows: 0 hi w n mR ' 1. I object to the complaint as improperly indefinite and 1 OJ NO�P� FoQZ uncertain. The description or summary of the alleged violation zce°,w reads, in full: "Income from lawsuits against the Kodiak Island ��(( NOW zoi-zon- Borough was not reported." One is then left to comb through 46 y dad I pages of supposedly supporting documents in an attempt to determine exactly what actions on my part are being alleged and why those actions might constitute a violation of otherwise unspecified provisions in AS 39.50 or 2 AAC 50.680 -799. This is entirely improper. 2. Without waiving the foregoing objection, I deny, categorically and subject to the penalties of perjury, that I have ever received income from any lawsuit or lawsuits involving the Kodiak Island Borough which was required to be disclosed, but was not disclosed, on any report or form I was required to file with the Alaska Public Offices Commission. I therefore ask that the complaint filed by Jerome M. Selby be dismissed on the merits and pursuant to a finding that it presented no evidence whatsoever establishing a violation of any APOC statutes or regulations. / 3. Assuming for present purposes that Mr. Selby is alleging that, in either 2010 or 2011, I received more than $1,000 of income both from Cedric Cutler (in connection with lawsuits entitled In Re: Delinquent Taxes and Special Assessments and Garbage Service Liens for the Year 2009 and Prior Years in the Kodiak Island Borough, #3K0 -10 -62 CI, and Cedric Cutler v. Kodiak Island Borough, Alaska Supreme Ct. Case # S- 14215) and from Helen Yngve (in connection with lawsuits entitled Kodiak Island Borough v. Glenn Yngve and Pam Yngve, 3K0 -09 -99 SC, and Helen Yngve v. Kodiak Island Borough, 3K0 -11 -181 CI), I specifically and explicitly deny that there is any truth whatsoever to either allegation. THE CUTLER CASE 0 H z o, M w3_ = m 4. In October of 2008 Cedric Cutler purchased a lot in the =S s Sa� .ep. J V O P m F � a z n Aleutian Homes Subdivision of Kodiak for $25,000 without knowledge w x 0 .ozaam or notice of the fact that the previous owner had failed to pay a wOwa<O zo�w ow dumpster fee of approximately $4,500. Three months later the dCo Y w "` ° Kodiak Island Borough recorded a lien for the unpaid fees and in M February of 2010 it initiated a foreclosure action against Mr. Cutler's property, claiming that the lien was not only valid but that it had the same status as a lien for unpaid property taxes. 5. Mr. Cutler protested to the Borough but it refused to halt the foreclosure action against his property unless he paid the former owner's underlying bill. Mr. Cutler then retained my services and I filed an answer and counterclaim on his behalf. He agreed to pay my usual hourly fee but I did not ask for or receive any retainer or advance deposit from him, it being my expectation that at least part, if not all, of my work would be done on a pro bono basis. Jerome Selby v. Melvin M. Stephens, 1I, APOC Case no.13 -04 -POFD Answer Page 2 of 11 6. The trial court ruled that the Borough had authority to assert the lien and therefore dismissed Mr. Cutler's counterclaim. I then filed an appeal to the Alaska Supreme Court on his behalf. After being elected to the Kodiak Island Borough Assembly in the fall of 2011 I arranged for other counsel to represent Mr. Cutler and complete the appeal. The Supreme Court recently ruled that the Borough had no authority to assert liens for the collection of unpaid garbage fees but that it was immune from damage claims, such as Mr. Cutler's, arising out of the unauthorized recordation of such invalid liens. Cutler v. Kodiak Island Borough, 290 P.3d 415 (Alaska 2012). 7. Shortly before I withdrew as Mr. Cutler's appellate ti i m m qt mQ3 =m counsel in the fall of 2011, I had a single telephone conversation S s<J a°� w ow Y with Cheryl Brooking, the "Borough Attorney, "\ about that case. vl ozaW <W ' o - W Ms. Brooking then materially misrepresented the substance of that ,Z'Owa6 0 • o�w $w conversation in correspondence which was copied to the Borough na U Y.J • ` , Manager, Mayor and Assembly Members,\? so I have made a point of • m only communicating with her in writing ever since. At no point have I ever discussed with either Jerome Selby or Cheryl Brooking the subject of attorney fees or other income which I might have received from Cedric Cutler or any other client. Therefore neither of them has any factual basis for the groundless allegations which have been asserted in this case. There is nothing in the "documentation" attached to Mr. Selby's complaint which in any way The Borough's contract for legal services is with the firm of Johnson Brecht Cartledge Brooking. Cheryl Brooking is the primary contact for that contract. \ See 11/22/11 letter from Ms. Brooking to me submitted in support of Mr. Selby's complaint. Jerome Selby v. Melvin M. Stephens, II, APOC Case no.13 -04 -POFD Answer Page 3 of 11 suggests or implies that I at any time received income from Mr. Cutler which should have been reported on APOC disclosure forms. My own records indicate that the only payment which I received from Cedric Cutler was in the amount of $150.00 in the spring of 2011. That was the filing fee for his appeal. I hereby request copies of any statements or documentation to the contrary on which Mr. Selby relies in support of his complaint. THE YNGVE CASE 8. In November of 2010 the Kodiak Island Borough, through Ms. Brooking's law firm, sought to execute against a judgment it had obtained against Glenn Yngve and his estranged wife, Pam Yngve. a The validity of the judgment was questionable but is not here w z z m m Q3_ m relevant. Writs of execution served on the First National Bank S saD oo.o F , Alaska and the Alaska USA Federal Credit Union resulted in funds �'<w;o .ozam w totalling approximately $13,275 being seized from three different ; n u " F- ;At' bank accounts and transmitted to the court. The balance owed on U w ` t eD the judgment was approximately half that amount at that time. L.0 M 9. Of the approximately $13,275 seized and transmitted to the court, $6,667.58 came from an FNBA account owned by Glenn Yngve's 88 -year old mother, Helen Yngve, who had recently moved to Kodiak from South Carolina. FNBA responded to the writ of execution by levying upon that account because Glenn Yngve was listed as a co- signer who was entitled to withdraw funds from it. All of the funds in the account belonged to Helen, however, having recently been transferred from one or more or her accounts in South Carolina. 10. I was asked to help Helen Yngve recover the funds which had been seized from her FNBA account. Before agreeing to become Jerome Selby v. Melvin M. Stephens, 11, APOC Case no.13 -04 -POFD Answer Page 4 of 11 involved I insisted that Helen and Glenn first contact the Borough's attorney and staff and explain that the funds which had been seized belonged solely to Helen and not to Glenn. After Helen told me the attorney had refused to talk with her and Glenn indicated that the staff had been unreceptive to him, I agreed to represent Helen Yngve. I told her I would keep track of my time and that my billing rate was $200 per hour. Helen agreed to pay me on that basis. 11. While Helen Yngve had agreed to pay me on an hourly basis, it was my expectation that, if adequately representing her required a significant investment of my time, part or all of my o efforts would end up being done on a pro bono basis. I did not N z m m zo m discuss that subject with Helen at the time, however. MR MR o. (n m Qm F oQ� , 12. My initial efforts to secure a return of Helen's funds zxro .gzam „, z without extended litigation proved unsuccessful. The Borough YY N O w O zoE. -z attorney found fault with evidence that the funds in Helen's ga mt ` account belonged solely to her and ignored my citation of (non- Alaska) case law supporting the proposition that funds in a joint account are not subject to execution except to the extent they actually came from or belong to the judgment debtor. It was therefore necessary to research, draft and file a significant memorandum of law on Helen's behalf. 13. Following a hearing on the matter, the trial court ordered that all funds seized from Helen Yngve's account be returned to her. It also ordered that $4,740.21 which had been seized from an account belonging to Maggie Yngve, the adult daughter of Glenn and Pam Yngve, be returned to Maggie (based upon her testimony that she was the source of all funds in that account, Jerome Selby v. Melvin M. Stephens, II, APOC Case no.13 -04 -POFD Answer Page 5 of 11 even though her mother, Pam, could sign on it). Thus the result of the hearing was that over $11,400 of the approximately $13,275 which the Borough had caused to be seized was ordered returned to the rightful owners and somewhat less than $1,900 was released to the Borough. 14. Following the trial court's ruling, I filed on Helen Yngve's behalf the January 12, 2011 Motion for Attorney's Fees which Mr. Selby has attached to his complaint. Attached to that motion was a table detailing the 28.2 hours of time I had devoted to representing Helen Yngve. The motion requests that Helen receive an award of $5,640 in fees for all of that time (i.e., o $200 /hr) but nothing in it states, or even legitimately implies, z m ro zo N a m < 3 m that Helen had either paid or been billed for any part of this X ZQD o J n m ct m oal time. The table in question is described (at page 2 of the motion x o v) a w O s m .oz¢ w for fees) as showing that counsel for Helen Yngve "ha[d] devoted �yow ° z $w 28.2 hours to this matter to date," which representation is backed ^ a Q 0 Y up by my certification that it constituted "a true and accurate m m statement of time devoted to this case." (Helen Yngve's Motion for Attorney's Fees at p. 2, n. 3; emphasis added). 15. The language used in the January 12, 2011 Motion for Attorney's Fees in no way supports Mr. Selby's claim that I received more than $1,000 of income in either 2010 or 2011 as a result of representing Helen Yngve." Lest there be any doubt about that point, however, let it be emphasized that Helen Yngve's \ Only sources of income in excess of $1,000 are required to be disclosed to the APOC. AS 39.50.030(b) (1). Therefore Mr. Selby's claim that I violated AS 39.50 and 2 AAC 50.680 -.799 by failing to disclose "[i]ncome from lawsuits against the Kodiak Island Borough" represents an allegation that I received and did not report more than $1,000 from at least two such lawsuits in 2010 and /or 2011. Jerome Selby v. Melvin M. Stephens, 11, APOC Case no.13 -04 -POFD Answer Page 6 of 11 January 27, 2011 Reply to the Borough's Opposition to her Motion for Attorney's Fees explicitly addressed the subject, stating at n. 4 on p. 6: Counsel does not claim that all of his time has been, or ever will be, actually billed to Helen Yngve. While Helen was advised of, and agreed to pay, counsel's standard hourly rate before he was retained, counsel undertook this matter with an expectation that at least part of his time would be pro bono. That should not, however, result in a benefit to the Borough." 16. The trial court largely rejected the arguments presented in Helen Yngve's motion of January 12, 2011 and awarded her only $200 in fees. Helen appealed this ruling to the Superior Court. In her Opening Memorandum on Appeal (which, of course, was served o upon the Borough Attorney), I once again explicitly addressed the h Z m m3= M issue of whether or not Helen had actually been billed for my time. = �a� ap O J N W P m 0. a . N Q O w 0 < , www Y ��11 n After first stating that I: '45 w� p t m .oz <m w had spent 28.2 hours in opposing the Borough's efforts to „ow ° . a do retain the funds it had seized from Helen Yngve, w F F h za 0 �z ow > ° a” w and w asking] for an award of 1000 of that time at (my] usual rate of $200 /hr because of the Borough's overly aggressive and less than appropriate actions with respect to Helen Yngve,"' I explicitly noted that No representation is, or ever has been, made that Helen Yngve was or ever will be actually charged a fee for any part of the time counsel devoted to representing her.\ " See Exhibit 1. \' See Exhibit 2, Helen Yngve's Opening Memorandum on Appeal in case 3K0 -11 -18111 CI (Helen Yngve v. Kodiak Island Borough), at p. 4. \6 See Exhibit 2 at p. 4, n. 9. Jerome Selby v. Melvin M. Stephens, 11, APOC Case no.13 - 04 - POFD Answer Page 7 of 11 The same issue was, once again, explicitly addressed in Helen Yngve's Reply Memorandum on Appeal: The fact that counsel represented Helen Yngve on a pro bono basis is, of course, irrelevant. See Gregory v. Sauser, 574 P.2d 445 (Alaska 1978)." 17. I have taken the time to list the multiple instances in which the court hearing Helen Yngve's claim (or defense) against the Kodiak Island Borough was advised of my pro bono representation of her in order to refute in advance the ridiculous proposition that by requesting that she receive "an award of costs and attorney's fees . . . which will make her whole with respect to the Borough's actions," I was somehow implying that she had actually been billed, and I had been paid, over $1,000 in fees during either z z m m ma �m 2010 or 2011. One does not have to have actually pay a bill before O< JtnOO Pp o F o m Q� Q ^ he or she can claim a right to be "made whole" with respect to it; ca -r.x .ozam� the obligation to pay is sufficient." -¢ Y z �NOW <O d Q > W 00 18. Significantly, the claim that I had received over $1,000 W of income from Helen Yngve during 2010 was not raised until January w M of 2012, shortly after the Superior Court set aside the trial court's order and awarded Helen $3,420 in fees.\ This left counsel \' See Exhibit 3, Helen Yngve's Reply Memorandum on Appeal, at p. 8, n. 19 (emphasis added). e After the trial court had ordered Helen's funds restored to her, she asked me how much she owed me. At that time, but no sooner, I suggested to her that I would be satisfied with whatever the Superior Court awarded on appeal. Be that as it may, the point is that use of the phrase "made whole" in the context of Helen Yngve's motion for attorney's fees in no way implied that she had actually paid me anything, much less more than $1,000. " Helen Yngve's appeal of the fee issue became ripe for decision on mid -July of 2011, when her reply memorandum an appeal was filed. This was well before I was approached about running for the Borough Assembly. My 2010 Disclosure Statement, which listed no income from Helen Yngve, was submitted, as required, on August 15, 2011. Jerome Selby v. Melvin M. Stephens, 11, APOC Case no.13 -04 -POFD Answer Page 8 of 11 for the Borough in the position of potentially having to explain how it was that the Borough had actually ended up having to pay out more than it had received as a result counsel's overly aggressive litigation tactics. Apparently deciding that the best defense was a good offense (or at least a blustery diversion), Cheryl Brooking then conjured up, out of thin air, the claim that Helen Yngve must have paid me more than $1,000 in calendar year 2010 and that I had violated APOC statutes and regulations by not disclosing that non- existent income on the APOC Disclosure Statement I had filed the previous August. Because the claim was preposterous and Ms. Brooking was attempting to benefit from being pompous, rude and unpleasant, I chose not to respond. o m z z m zo N wit 3� m 19. I did, however, explicitly ask Ms. Brooking, in letters y ¢ a� 0 w o J n m s( wow y ° _ sent by e -mail on January 18 and 19, 2012 not only to pass on to Q D o Z ¢ m m the Borough Assembly Judge Cole's December 30, 2011 ruling on the wow°10 zoHz °ow Yngve v. KIB case but also to arrange a meeting with the Borough au u , Assembly at which I could discuss the Cutler and Yngve cases W m directly. I have reason to doubt that that request was ever passed on to the Assembly. In any event, nothing ever came of it and, to my knowledge, the Assembly was never advised of Judge Cole's ruling on the Yngve case. 20. Judge Cole subsequently awarded Helen Yngve an additional $655.60 of costs and fees on appeal, bringing the total amount owed to her by the Borough to $4,075.60. After some delay, the Borough cut two checks (I believe — it could have been one) to Helen Yngve in this total amount. In late March or early April of 2012, Helen X See Exhibits 4 and 5. Jerome Selby v. Melvin M. Stephens, 11, APOC Case no.13 -04 -POFD Answer Page 9 of 11 brought those checks to my office and endorsed them over to me. I deposited them into my account on April 3, 2012 and will, of course, report than income on my APOC Disclosure Statement for 2012, which is not due until March 15, 2013. I have received no other funds from or on behalf of Helen Yngve. CONCLUSION 21. The complaint which Jerome Selby has filed against me represents a malicious and intentional misuse of the statutes and regulations governing the financial disclosures which Alaska law requires of candidates for municipal office and elected officials. It appears that he is working hand in glove with Cheryl Brooking, but Mr. Selby alone has signed the complaint, thus shielding Ms. ti z m wa3 Brooking from the requirement of making allegations under oath and 0 a S op. of nm o P w mo�wY subject to the penalties of perjury. Be that as it may, there j X y G O [7, Y w za m� m exists no factual basis whatsoever to support the allegations of Q „ow ° ?6QU the complaint which has been filed against me. I therefore request that that complaint be dismissed forthwith on the merits. Should that not take place, I request the opportunity to question both Jerome Selby and Cheryl Brooking under oath. DATED this 4th day of March, 2013. • , ME V M. STEPHENS, II VERIFICATION MELVIN M. STEPHENS, II, being first duly sworn and subject to the penalties of perjury, states that he is the respondent in the foregoing matter, that he has read the foregoing Answer to Complaint Dated 2/12/13 and represents that the statements made Jerome Selby v. Melvin M. Stephens, 11, APOC Case no.13- 04 -POFD Answer Page l0 of 11 therein are true and accurate to the best of his knowledge and belief. Y MELVIN M. STEPH NS, II STATE OF ALASKA :ss.: THIRD JUDICIAL DISTRICT ) THIS CERTIFIES that on the 4th day of March, 2013, before me, a Notary Public in and for the State of Alaska, personally appeared MELVIN M. STEPHENS, II to me known and known to me to be the person named as Respondent in the foregoing Answer to Complaint Dated 2/12/13 and he acknowledged to me that he executed the same freely and voluntarily for the uses and purposes therein stated under oath and subject to the penalties of perjury and that all factual statements made therein were true and accurate to be best of his knowledge and belief. "'= WITNESS my ha i A cniifficial seal the day and year in z j a wa3= d^ this certificate firms a�bvJ�6ikten. yga< m i &/ 's �d • z¢ m + >• rg.ar y c fo t o State f aska „ow . 9✓ Sr commission expires: z.” ao a 1 �� 1rIA�O c a `at Y CERTIFICATE OF SERVICE a 0 H I, MELVIN M. STEPHENS, II, hereby certify that I served a copy of the foregoing Answer to Complaint Dated 2/12/13 and all attachments thereto on Jerome M. Selby, Complainant, by certified mail, return receipt requested, addressed to him at 710 Mill Bay Road, Kodiak, AK 99615 this 4th day of March, 2013. A copy of the certified receipt will accompany this document. A 1/ - ME M. S 'H A'S Jerome Selby v. Melvin M. Stephens, 11, APOC Case no.13 -04 -POFD Answer Page 11 of 11 IN THE DISTRICT COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KODIAK • KODIAK ISLAND BOROUGH Plaintiff, _ v :; Cr; n vs . Cl - �I Glenn Yngve and z, Pam Yngve _ Defendants I w Li Helen Yngve Intervenor - Defendant Case No. 3K0 -09 -99 SC o HELEN YNGVE'S REPLY TO OPPOSITION TO MOTION FOR ATTORNEY FEES z z w N I . HELEN YNGVE'S MOTION IS GROUNDED UPON RULE 20(c) OF THE ALASKA - 45 ° p DISTRICT COURT RULES OF CIVIL PROCEDURE. - of ma Cl a Q 0 H w H o a z X Q 0 Helen Yngve's motion for costs and fees is grounded upon Rule o z< -w �o ° ' / o 20(c) of the District Court Rules of Civil Procedure which entitles a _ Q� xw her to an award of "reasonable attorney's fees." It is not 2 grounded upon Rule 82 of the Alaska Rules of Civil Procedure. The Borough elected to be governed by Rule 20(c) and the other rules found in Part II of the District Court Rules of Civil Procedure when it filed its complaint under small claims rules. It may not now claim that Rule 82 governs the award of attorney's fees. =' II. HELEN YNGVE IS A PREVAILING PARTY WITHIN THE MEANING OF RULE 20(c) OF THE ALASKA DISTRICT COURT RULES OF CIVIL PROCEDURE. The suggestion that Helen Yngve is not a prevailing party with respect to the Borough is preposterous. The only issue between the I ° 1/ Earlier in this case the court declined Glenn Yngve's notice of C-11 change of judge under Civil Rule 42, noting that Rule 16 of the District Court Rules of Civil Procedure governed this case. The w a Alaska Rules of Civil Procedure do not govern cases subject to a Small Claims Rules unless "specifically incorporated [t]herein by . reference." Rule 8(a), District Court Civil Rules. The Small Claims Rules do not specifically incorporate Rule 82 by reference. Borough and Helen Yngve was whether the Borough was entitled to take over $6,600 of Helen's personal funds because of a judgment it had recovered against Glenn and Pam Yngve. That issue was decided in Helen's favor, which makes her a prevailing party vis A vis the Borough and entitles her to an award of reasonable attorney's fees under Rule 20(c). III. THE BOROUGH UNREASONABLY FORCED HELEN YNGVE TO RETAIN AN ATTORNEY IN ORDER TO RECOVER THE FUNDS WHICH IT CAUSED TO BE SEIZED FROM HER BANK ACCOUNT. The Borough misrepresents reality and attempts to mislead the court in suggesting that Helen Yngve is somehow at fault for having retained counsel and opposed its efforts to take over $6,600 from her. 0 zo= -; Helen Yngve attempted to resolve the matter without the Q w p o O J 0 m P a haw Y necessity of a formal court hearing when, before retaining counsel, y 2><<0 •o z ' a m ", she called the Borough attorney and attempted to explain that the „ "ow ° z-61-..z ow funds which had been seized from her joint savings account at the First National Bank Alaska ( "FNBA ") belonged to her and her alone. 2 At that time the Borough attorney either knew or should have known that this fact, if true, would ultimately require the seized funds to be returned to Helen, but he did not ask her for further information or attempt to explore the matter with her. He stated, • or at least implied, that the matter "had" to be decided by the court. This effectively required Helen to retain counsel. Upon being retained, counsel for Helen Yngve confirmed that FNBA listed Helen as the primary account holder on the account here in question and that all interest earned thereon was reported as it her income. He secured written confirmation of this fact from an 02,4 appropriate bank official and, on December 10, forwarded the same x w � Kodiak Island Borough v. Glenn & Pam Yngve, #3K0 -09 -99 SC Reply to Opposition to Motion for Costs and Attorney Fees Page 2 of 6 to counsel for the Borough along with a proposal that Helen's funds be returned to her and that Helen and the Borough each be responsi- ble for their own costs and attorney's fees. (See Exhibit "A "). At this point counsel for the Borough had before him written statements from both Helen and Glenn Yngve stating that all of the funds in the FNBA account here at issue belonged to Helene as well as a letter signed by an FNBA Assistant Vice President confirming that Helen was listed as the primary account holder and that any interest from it was paid to her. He had no evidence to the contrary but on December 13 nevertheless rejected the proposal that Helen's funds be returned to her without the necessity of her appearance at a formal exemption hearing, claiming it to be "[t]he O a Zo „ a3= M general rule . . . that joint bank accounts are reachable by the •r a0 m i o O J ° m creditors of both account holders." (See Exhibit "B "). wxVo a w > ozam Counsel for Helen Yngve responded the next day with a detailed 2 „o woIo zo�z °d affidavit from her explaining the circumstances under which, in _ 6Qw Y P g U w o 2008, she had moved to Kodiak, opened the account at FNBA, and transferred funds to it from other accounts or investments which she owned. (See Exhibit "C "). Counsel also provided the Borough attorney with a cite to authority contradicting the latter's erroneous claim as to the general rule governing the right of a creditor of only one party to a joint bank account to garnish funds in the account. He once again invited the Borough to reconsider z/ Glenn's statement was a sworn affidavit stating, in relevant part, "I am a co- signer on the account purely for convenience and do not claim or own any of the funds in it." Helen's motion to intervene certified to the best of her knowledge and belief that "[a]11 funds in this account, including those seized belong solely n1 to me and were not the property of either Glenn Yngve or Pam x Yngve." ww w � a Kodiak Island Borough v. Glenn & Pam Yngve, #3K0 -09 -99 SC Reply to Opposition to Motion for Costs and Attorney Fees Page 3 of 6 its position. The Borough's refusal to do so, leaving counsel no choice but to prepare Helen's case for presentation at the scheduled exemption hearing. Given the foregoing, it would be an understatement to characterize as merely inappropriate the Borough's claim that Helen Yngve is somehow at fault for having prepared and presented a case which prevailed at the exemption hearing. The additional documen- tation supporting her position which was presented at that hearing was in no sense withheld from the Borough; it was not even obtained and organized into exhibits until it was apparent that the hearing was inevitable, and copies were then provided to the Borough o attorney in advance of the hearing. The Borough, not Helen Yngve, Z 2 N zs� -m�t7 is responsible for the fact that her fully legitimate — and — of vi oO ¢ � w y factually unopposed — claim to the funds seized from her account o Y uno PP F V n �oz had to be presented at a formal hearing preparation for which „ow ° zt,H o f required a significant investment of time on the part of Helen's _ w ow 9 g P d au Yw counsel. Indeed, one might be forgiven for wondering whether or not the Borough's approach to this case may have been dictated by a wholly inappropriate desire to punish financially those of its citizens who dare to oppose its will and assert their rights in a court of law. IV. IT WAS APPROPRIATE AND RELEVANT FOR HELEN YNGVE TO POINT OUT THAT THE JUDGMENT PURSUANT TO WHICH THE BOROUGH HAD SEIZED HER FUNDS WAS VOID OR DEFICIENT FOR VARIOUS REASONS. The Borough complains of Helen Yngve's having challenged the validity of the judgment which it was attempting to satisfy by seizing her funds under a writ of garnishment. It styles her efforts a needless waste of time and resources. J w w Q Kodiak Island Borough v. Glenn & Pam Yngve, #3K0 -09 -99 SC d Reply to Opposition to Motion for Costs and Attorney Fees Page 4 of 6 If the underlying judgment against Glenn Yngve was void or voidable, then a writ of garnishment issued upon it could appropri- ately be opposed by pointing out facts and circumstances supporting such a conclusion. The fact that Helen Yngve had an independent defense to the writ of garnishment did not preclude her from attacking the judgment upon which it was grounded. As for the Borough's observation that Helen Yngve "did not bring any formal motions . . . relating to the validity of the • underlying judgment," the Small Claims Rules neither contemplate nor require a formal motions practice. Furthermore, the Borough's highly questionable actions in knowingly seeking and obtaining a second small claims judgment on a claim which, for the most part, O Z M z o w w;31- had already been reduced to judgment had been introduced into this o a r O P G a J • ry P Fga-Y case by the Borough itself (in an ill advised and inappropriate Y .oz'a m� attempt to paint Glenn and Pam Yngve as being "chronically late in „ow ° zo w°ow paying amounts owed" the Borough). The Borough is thus in no dQ U Y.1 w o position to complain of those actions being reviewed, clarified and L" commented upon by counsel for Helen Yngve. V. CONCLUSION. The task before the court is to determine what amount Helen Yngve should receive in costs and reasonable attorney's fees within the meaning of District Court Civil Rule 20(c). Had the Borough acted fairly and courteously towards Helen when she initially made contact with it, she would never have had to retain counsel. Had the Borough forthrightly acknowledged the law governing the ownership of funds in a joint account instead of ignoring a - it x 3i Plaintiff's Opposition to Claim of Exemptions at 1. 0 Kodiak Island Borough v. Glenn & Pam Yngve, #3K0 -09 -99 SC Reply to Opposition to Motion for Costs and Attorney Fees Page 5 of 6 controlling Alaska statute and insisting upon arguing a minority position to the. bitter end, the fees incurred by counsel on both sides of this case would have been substantially reduced. The Borough eschewed such an approach, however, choosing instead to throw its weight around. This predictably and needlessly increased both legal billings and the anxiety experienced by a completely innocent third party. True to form, the Borough now denies all responsibility for this sad state of affairs, claims that the party it abused is the one truly at fault, and asserts that she should receive nothing. It is for the court to decide where justice lies. Helen Yngve asks that it award her fees based upon all of the time devoted to N Z O N vt z 0t �^ this case by her counsel (including 2.4 hours, not previously saw a0 :'o -J ' w'-Y reported, for the preparation of this reply) and an additional $50 • o z w for the amount deducted from her bank account upon receipt of the 7 „ow ° z 8 r a - r / H z o ft writ of garnishment .- 4 a U w 0 DATED this 27th day of January, 2011. 2 Pt. _. K ELVIN M. S'EPHE - Attorney for Helen Yngve Alaska Bar #8001124 CERTIFICATE OF SERVICE 1, MELVIN M. STEPHENS, II, hereby certify that 1 served the foregoing by first -class mail an Clyde Hutchins, Attorney for Kodiak Island Borough, at 900 W. 5th Avenue, Suite 600, Anchorage, Alaska 99501 and on Glenn Yngv at P.O. Box 9018. Kodiak, AK 99615 this 27th day of January, 2011. \ ' \ .,VIN M. STEPHE 'S, 11 I/ Counsel does not claim that all of his time has been, or ever will be, actually billed to Helen Yngve. While Helen was advised \I � of, and agreed to pay, counsel's standard hourly rate before he was ° retained, counsel undertook this matter with an expectation that at least part of his time would be pro bond. That should not, however, result in a benefit to the Borough. wt-L-1 D- Kodiak Island Borough v. Glenn & Pam Yngve, #3K0 -09 -99 SC Reply to Opposition to Motion for Costs and Attorney Fees Page 6 of 6 MELVIN M. STEPHENS, 11 A PROFESSIONAL CORPORATION ATTORNEY AT LAW 326 CENTER AVENUE, SUITE 90A P.O. BOX 1129 KODIAK, ALASKA 9961S TELEPHONE (9071 4136.3143 December 10, 2010 Wohlforth Johnson Brecht Cartledge Brooking PC 900 West 5th Avenue, Suite 600 Anchorage, AK 99501 -2048 Attn.: Clyde W. Hutchins, Jr. via e-mail to chutchinstaakattv.com Re: Kodiak Island Borough v. Yngve Case # 3K0 -09 -99 SC Dear Mr. Hutchins: 1 represent Helen Yngve. As I believe you know, Helen is the mother of Glenn Yngve. She is 88 years old. As you also know, on November 13 the Kodiak Island Borough executed a levy against Helen's savings account with the First National Bank Alaska (#70417563) and secured $6,617.58 which presumably has now been deposited with the court. The funds in question were attached because Glenn Yngve is a co- signer on Helen's account and is a judgment debtor with respect to the Borough. • Helen tells me that she called you on November 29, explained that all of the funds in the savings account here in question belonged exclusively to her, and asked you to arrange for their immediate release and return. She also tells me that, without asking for any further information, you refused her request. As a result she was forced to retain my services. On behalf of Helen Yngve, 1 now repeat the request and demand that you immediately take all steps reasonably required to effect the immediate return of these funds to her. I enclose for your • information a letter from Deborah Olson, an Assistant Vice - President with FNBA, confirming that Helen Yngve was the primary account holder with respect to the account here in question and that all interest earned on it was paid to her as opposed to Glenn Yngve. As Glenn has advised you through his court filings, his name was on his mother's account for convenience purposes only and none of the funds in it belonged to him. 1 understand that he also explained these facts directly to responsible authorities at the Borough, who refused to take any remedial action. The Borough's further retention of these funds and its refusal to take remedial action to return them to Helen Yngve in the face of the information it now possesses as to their true ownership is wrongful and amounts to the ratification of an improper levy or garnishment. I enclose a proposed stipulation between Helen Yngve and the Borough advising the court that the funds here in question should immediately be returned to Helen. If, by close of business LL on Monday, December 13, you will execute and mail a copy of that stipulation to the court, with a 0 m N I w C.3 EXHIBIT_ d PAGE ( OF _. Clyde W. Hutchins, Jr. -2- December 10, 2010 copy sent to me by e-mail at mmstep @gci.net, I will execute and file a counterpart and we will bring this unfortunate situation to a close. As you can see, the proposed stipulation provides for Helen and the Borough to bear their own costs and attorney fees with respect to this matter. This offer is predicated upon the assumption that I will not have to devote any further significant time to this matter. If it is not accepted by close of business on December 13, it will automatically lapse and I will take such further actions as seem appropriate to protect Helen Yngve's interests, which actions will include a request that she ultimately be awarded, as against the Borough, her full costs and attorney fees. If you have any questions or desire any further information relevant to the foregoing, please don't hesitate to call me at 486 -3143. I attempted to call you yesterday but was informed that you were out of the office until next Monday, hence this letter (which I am sending to you by e -mail only). Si Melvin M. Step tens, II cc: Helen Yngve 1 i o iw cif co PAC ,= Z. w � IN THE DISTRICT COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KODIAK KODIAK ISLAND BOROUGH Plaintiff, vs. • Glenn Yngve and Pam Yngve Defendants. • Case No. 3K0 -09 -99 SC z STIPULATION FOR IMMEDIATE RELEASE OF FUNDS zo w M y 'Ja3! — P J m E m Helen Yngve and the Kodiak Island Borough hereby stipulate and agree that all funds seized wx _ W o from savings account #70417563 with the First National Bank Alaska pursuant to the writ of this oza a d o court, which funds, in the amount of $6,616.58, were seized on November 13, 2010, shall forthwith zo_w ow be released and returned to Helen Yngve. It is further stipulated and agreed that Helen Yngve and the Kodiak Island Borough shall each be responsible for their own costs and attorney fees. DATED this 13th day of December, 2010. Melvin M. Stephens, II Clyde W. Hutchins, Jr. Attorney for Helen Yngve Attorney for Kodiak Island Borough Alaska Bar #8001124 Alaska Bar No. 0711086 ORDER 11 is so ordered. DATED this day of , 2010. 1 ` 0 mo- Magistrate /Judge 7 EXH! :' A PAG" S Y (1) First National Bank ALASKA December 1, 2010 To Whom It May Concern: Re: Helen Yngve Account It 70417563 Social Security #030 -28 -3364 On February 14, 2008, Helen Yngve opened a Savings account with First National Bank Alaska. She is listed as the Primary account holder. Any interest paid from this account was paid directly to Mrs. Yngve. Sincerely, r, Deborah Olson Assistant Vice President A 0 m� = Kodiak Branch • 218 Center Avenue • P.O. Box 2517 • Kodiak, AK 99615 -2517 r" w 907/486-7900 • FNBAlaska.com .Member FDIC a Wohlforth Johnson Brecht Cartledge Brooking A PROFESSIONAL CORPORATION Julius J. Brecht Telephone Cheryl Rawls Brooking ATTORNEYS AT LAW 907.276.6401 Cynthia L. Cartledge Michael Gatti 500 WEST 5TH AVENUE. SUITE 600 Facsimile Clyde W. Hutchins Jr. 907.276.5093 Robert M. Johnson ANCHORAGE, ALASKA 99501-2048 Leila R. Kimbrell Website • Eric E. Wohlforth www.akatty.com December 13, 2010 via email only: mmstep(dJgci.net Melvin M. Stephens, II 326 Center Ave., Suite 90A Kodiak, Alaska 99615 Re: 3K0- 09- 00099SC Kodiak Island Borough v. Glenn and Pam Yngve; Our File No. 4101.3024 Dear Mr. Stephens: I am in receipt of your letter of December 10, 2010, regarding the garnishment of Helen Yngve's joint bank account with Glenn Yngve. I have also reviewed the December 1, 2010 letter from a First National Bank Alaska bank officer regarding the account. This matter could be quickly resolved if Glenn and Pam Yngve paid their debt to the Kodiak Island Borough ( "Borough "). Barring that, the Borough has the legal right to garnish Glenn Yngve's bank account to recover the past due debt owed the Borough. The general rule is that joint bank accounts are reachable by the creditors of both account holders. I have not seen any evidence establishing that the joint bank account between Helen Yngve and Glenn Yngve should not be reachable by Glenn Yngve's creditors. The letter you provided from First National Bank Alaska is inconclusive. The Borough is not in a position at the moment to agree to the stipulation you suggest. However, the Borough is open to considering such a stipulation if Helen Yngve provides the Borough with documented proof regarding her position, and that proof persuades the Borough to agree to the stipulation. I \Docs\41013024 \L2Stephens 12- 13- 10.wpd LL EXHIBIT J = PAGE ( OF X w 0 Melvin M. Stephens, II Re: 3K0- 09- 00099SC Kodiak Island Borough v. Yngve; Our File No. 4101.3024 December 13, 2010 Page 2 Sincerely, WOHLFORTH, JOHNSON, BRECHT, CARTLEDGE & BROOKING Clyd- W. Hutchins cc: Kodiak Island Borough LL I :\Docs \x1013024 \L2Stephens 12 -1 &10.wpd my EX -OF x PAGE —OF \1 lil. v■N M. STI :I) IIIINS. 11 .. Pno comcv,nnN ATTORNEY AT LAW 320 CENTER AVENUE, SUITE 90A P.O. I10X 1129 KODIAK, ALASKA 99615 rELEPHOGIE 90071 4E6.31.13 December 14, 2010 \Vohlforth Johnson Brecht Cartledge Brooking PC 900 West 5th Avenue. Suite 600 Anchorage, AK 99501 -2048 Atm.: Clyde \V. Hutchins, Jr. via e -mail to chutchins a akattv.com Re: Kodiak Island Borough v. Yngve Case 1/ 3K0-09-99 SC Dear N1r. Hutchins: Accompanying this letter, which is being sent by e -mail only, I will attach a copy of an affidavit of Helen Yngve which further establishes the fact that all of the funds tvhich the Kodiak Island Borough caused to be seized from her savings account m FNBA belonged to her and not to Glenn Yngve. Since you have no evidence to the contrary nor legitimate reason to doubt Helen Yngve's veracity, I once again call upon you to take immediate steps to effect the release of Ole funds in question. You may wish to take a look at Delta Fertilizer. Inc. v. \Veaver. 547 So.2d 800 (Miss 1989). Mitch is mentioned in the Triplett case which you cited to the court in opposition to Glenn Yngve's claim of exemptions. If you wish to reconsider the position which the Borough has taken in this matter. please let me know. As things now stand. however, you can expect Helen Yngve to seek reimbursement for all costs and fees which the Borough. most inappropriately, is causing her to incur, " Sincerely, % )-7 T.2( Melvin '- Melvin M. Stephens, :II cc: Helen Yngve Attachment: 12/13710 Affidavit of Helen Yngve • 0 EXHIBIT �r I PAGE -1_OF x w LU CL IN THE DISTRICT COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KODIAK KODIAK ISLAND BOROUGH Plaintiff, vs. GLENN YNGVE and PAM YNGVE Defendants. Case No. 3K0 -09 -99SC- STATE OF ALASKA :ss.: THIRD JUDICIAL DISTRICT AFFIDAVIT OF HELEN YNGVE I, HELEN YNGVE, being first duly sworn, state as follows: 1. I am the mother of Glenn Yngve, one of the defendants and judgment debtors in the above action. I am 88 years old and live in Senior Citizens housing at 309 Erskine Avenue, Apartment 318 in Kodiak, Alaska 99615. My son Glenn does not live at that address nor does he receive mail there. 2. I moved to Kodiak from my home in South Carolina in 2008. As part of that process I opened a savings account, #)70417563 at the Kodiak Branch of the First National Bank Alaska. Glenn helped me open that account and, purely as a matter of convenience, was listed as a signer on the account. I was however, the primary account holder and all of the funds in the account were my own. This included the initial deposit of $500.00 which I sent up from South Carolina so Glenn could get the account \ LL ° opened. Other funds deposited into that savings account came from 1 CD's and /or other investments I had when I was in South Carolina. X w w a Glenn never deposited any of his money into the account, however; EXHIBIT e PAGE -2 - OF - 7 6 - _ it was all mine. As the primary account holder, all of the interest earned on this savings account was reported to the IRS as earned by me alone. 3. On or about November 13, 2010 $6,617.58 was seized from my savings account, described above, as the result of a writ of garnishment secured by the Kodiak Island Borough, and an additional $50.00 was deducted as a levy fee charged by the bank. After I learned of this, and before I retained an attorney to represent me, I called the attorney for the Kodiak Island Borough (Mr. Clyde Hutchins), explained to him that all of the money which had been seized from my savings account was mine and not Glenn's, and asked him to have it released back to me. That call was on or about November 29. Mr. Hutchins refused to help me, saying the matter had to go through court. He did not ask me any questions concerning my ownership of the funds which had been seized or anything else. As a result, I was forced to retain an attorney to help me recover these funds. 4. Once again, I wish to emphasize that none of the funds in my savings account came from Glenn and he had nothing to do with that account other than helping me open it when I was still • in South Carolina. His name is on the account for convenience purposes only. I do not owe the Kodiak Island Borough anything and I had nothing to do with any debts which Glenn or Pam Yngve might owe the Kodiak Island Borough. I would like my funds returned to • me in full without further delay. DATED this / a of 12-a-c. , 2010. ITh Hit) HELEN YNGV x w Affidavit of Helen Yngve C w 0 Page 2 of 3 EXF}l$IT a PAGE 7_ 0 SUBSCRIBED and SWORN TO before one this I7 clay of December, 2010. Nocary Public in and for AJ ka , ■/ commission •exo • 0 mJ wc Af fidavit of :lel��: YnyvC=. EXHIBIT � S %aqe 3 of 3 PAGE `f' OF IN THE SUPERIOR COURT FOR THE STATE OF ALASKA r,- THIRD JUDICIAL DISTRICT I. AT KODIAK HELEN YNGVE -i Intervenor Defendant /Appellant, District' Case No. vs. 3K0 -09 -99 SC KODIAK ISLAND BOROUGH Superior Court Case No. Appellee. 3K0 -11 -181 CI APPELLANT'S OPENING MEMORANDUM ON APPEAL I. STATEMENT OF ISSUES PRESENTED FOR REVIEW. N ti ° Did the District Court Magistrate err when he awarded only z2 w a = P m CI. a. $200.00 to Appellant Helen Yngve following her successful defense c4a >wo .t0 against the Kodiak Island Borough's attempt to have over $6,600 of a z Q m a w 2 „ow ° her personal funds applied towards satisfaction of a judgment to zg_`z cw >;aQj m w which she was not a party despite a showing that her counsel had a o 2 - devoted more than 28 hours of time in furtherance of that defense. II. SUMMARY OF FACTS. On November 13, 2010 $6,617.58 was seized from a savings account maintained by Helen Yngve at the First National Bank Alaska ( "FNBA ") pursuant to a writ of garnishment secured by the Kodiak Island Borough ( "KIB" or "the Borough ") in Case No. 3K0 -09 -99 SC. Helen was not a party to that case, in which a default judgment for $6,304.19 had been entered in favor of the Borough and against Glenn Yngve and Pam Yngve in October of 2009. Glenn is Helen's N adult son; Pam is Glenn's estranged wife. cEi The savings account from which the funds here in question had w w a been seized was a joint account between Helen and Glenn but all of 8 the funds in the account belonged to Helen.'- Immediately after being notified of the seizure of her funds Helen called the Borough's attorney, Mr. Clyde Hutchins, explained that all of the money which had been seized from the FNBA savings account in question was hers and not Glenn's, and asked Mr. Hutchins to have those funds released back to her. Mr. Hutchins refused, telling Helen the matter had to go through court and thus effectively forcing her to retain an attorney to recover the seized funds.? Helen's counsel entered an appearance in this case on November 30. Shortly thereafter he contacted the Borough's attorney and proposed that the parties stipulate to an immediate return of Helen's funds and that each side waive any claim to costs or 0 N Z¢ am fees.'- The Borough attorney refused, inaccurately stating that = o Jmm' m =mo =Y the "general rule" was that "joint accounts are reachable by the F Z X (J); = creditors of both account holders" and demanding that Helen ES • CS Z zo w ow "provide[] the Borough with documented proof regarding her > aa o o position.jV A response citing legal authority supporting Helen's '-V See the Affidavit of Helen Yngve attached as Exhibit A to her Opposition to Continuance dated December 14, 2010 (hereinafter "Affidavit of Helen Yngve ") at ¶ ¶2 -4. See also the Affidavit of Glenn Yngve attached to his 11/29/10 claim of exemptions (hereinafter "Affidavit of Glenn Yngve ") at ¶8 of which he represents that the account in question belongs to his mother and that none of the funds in it are hers. V Affidavit of Helen Yngve at ¶3. LL li See Exhibit A to Helen Yngve's Reply to Opposition to Motion for V? Attorney Fees. V See Exhibit B to Helen Yngve's Reply to Opposition to Motion for ti Attorney Fees. Helen Yngve v. Kodiak Island Borough, #3KO -11 -181 CI Appellant's Opening Memorandum on Appeal Page 2 of 6 positions produced no movement on the matter. At this point — i.e., only after an attempt to resolve the matter without the expenditure of further time — counsel for Helen Yngve prepared and filed a detailed Memorandum of Law Regarding Ownership of and Levies Upon Multi -Party Bank Accounts, the first seven pages of which demonstrated the lack of legal support for the Borough's position that it was entitled to reach all of the funds in Helen's savings account. The remainder of that memorandum went on to point out that the judgment which the Borough was attempting to satisfy was itself quite possibly invalid. The filing of this memorandum produced no change in the Borough's position. It insisted upon retaining its claim to Helen 0 v z N m m °3,± m Yngve's funds, thereby requiring her counsel to prepare for an a S a =0_1(/)00 tsw Y 0, exemption hearing, which was eventually held on December 22, 2010. F ° aD yr. > w x ; rn ozam At that hearing, which was governed by small claims rules of ¢¢ o�z „ <c _0_ a- o w procedure pursuant to which "[f ormality in the introduction > a u w w 0 of evidence is not required" (Rule 9, District Rules of Civil Procedure), the Borough repeated raised objections under inapplicable formal rules of civil procedure and the court permitted it to do so, thus significantly lengthening the hearing to almost two hours.V The court ultimately ruled in favor of Helen Yngve an ordered the funds seized from her savings account returned to her. It also ordered some $4,740.21 of funds which had been seized from an J See Exhibit C to Helen Yngve's Reply to Opposition to Motion for LL Attorney Fees. 4 bi See the Log Notes in the case file, which run to 11 pages. The w hearing began at 9:34:54 AM and ended at 11:18:16 AM. 0 Helen Yngve v. Kodiak Island Borough, #3K0 -11 -181 CI Appellant's Opening Memorandum on Appeal Page 3 of 6 • account owned by Margaret Yngve, the daughter of Glenn and Pam, returned to Margaret.'-" Thus the result of the hearing forced by the Borough was that $11,357.79 out of $13,235.16 which had been seized under the writs of garnishment which it had secured were ordered returned to the rightful owners, Helen and Margaret Yngve .1/ Upon issuance of the court's order counsel for Helen Yngve sought an award of attorney's fees in her favor pursuant to Rule 20(c) of the Alaska District Court Rules of Civil Procedure which permits a prevailing party to recover "reasonable attorney's fees." Counsel demonstrated at he had spent 28.2 hours in opposing the Borough's efforts to retain the funds it had seized from Helen 0 x. N (7 m<= 7m Yngve and asked for an award of 100% of that time at his usual rate S o J N m° w Li2=HLU.- of $200 /hr because of the Borough's overly aggressive and less than Fo oxa� ozam' << appropriate actions with respect to Helen Yngve. ¢ Y Z -Owaoo z ,z on. The court awarded only "60 minutes worth of attorney fees to ow 7 e u w �` o Helen Yngve, which amounts to $200. " 1191 In other words, it � f awarded no fees whatsoever for the time which Helen Yngve's counsel had devoted to research and preparation for the December 22 hearing and for only 56 percent of the time actually required for that hearing. 2 The account was a joint account between Margaret Yngve and her mother, Pam. Margaret attended the exemption hearing of december 22 and testified that all of the funds in that account belonged to her. 1/ See Order on Claims for Exemption dated December 29, 2010. 9/ No representation is, or ever has been, made that Helen Yngve was or ever will be actually charged a fee for any part of the time 0 lo counsel devoted to representing her. x ' — °i Order on Motion for Attorney's Fees dated February 23, 2011 at wL6 2. a Helen Yngve v. Kodiak Island Borough, 43K0 -11 -181 CI Appellant's Opening Memorandum on Appeal Page 4 of 6 III. DISCUSSION. The court's ruling on Helen Yngve's motion for attorney's fees was an abuse of discretion and should be overruled. Under Rule 82(b)(1) of the Alaska Rules of Civil Procedure a litigant who recovered a positive judgment for $6,617.58 would entitled to fees of $1,323.40 if the case were fully contested or to $1,191 if the case were dispose of without trial. Indeed, even if such a case were uncontested, the prevailing party would be entitled to over $660 in fees. For a litigant who positively recovered $11,357.79 — i.e., the total amount returned to Helen and Margaret Yngve — the respective figures would be $2,271, $2,044 and $1,135. Under Rule 82(b) (2), a litigant successfully defending 0 In Z N (n against a claim is presumptively entitled to 30% of the actual fees <5 ' m " - ; e incurred or 20% of those fees, depending upon whether or not the F °aZ -<o ay z x < 0 ozam<w case was fully contested or resolved without trial. Those z-l-z -0 ow percentages, applied to the $5,640 of time which counsel devoted to 0!<0 '1 W 0 this case, would result in an award of $1,692 or $1,128, respectively. Rule 82 does not apply to this case and Helen Yngve did not technically receive a positive recovery. The foregoing figures are offered, however, by way of illustrating that the court's award of only $200 in fees was a clear abuse of discretion. The court's less than forthright characterization of the facts of this case and its clear inference that party defendants who are sued in small claims court by a governmental entity must retain counsel at their own risk only serve to underscore this point. IV. CONCLUSION. m�(1 This court should overrule the magistrate's decision on w u a Helen Yngve v. Kodiak Island Borough, #3K0 -11 -181 CI Appellant's Opening Memorandum on Appeal Page 5 of 6 attorney's fees and remand this case with explicit instructions that fees should be awarded to Helen Yngve in no less than a specified amount found to be reasonable under the circumstances. DATED this 10th day of June, 2011. 1 . 1 MEL'IN M. STEPHEN , Ir Attorney for HELEN YNGVE Alaska Bar #8001124 CERTIFICATE OF SERVICE I, MELVIN M. STEPHENS, 11, hereby certify that I served the foregoing by first -class mail on Clyde Hutchins, Attorney for Kodiak Island Borough, at 900 W. 5th Avenue, Suite 600, Anchorage, Alaska 99501 and on Glenn Yntve at P.O. Box '418, Kodiak, AK 99615 this lOth day of June, 2011. l,. LVIN M. STEP E S, 11 o 0 h z N n Z w r° - I a co a N a a ° Q E— o . w c a ` w >°a •ozam w C p U .1E H H d p - Z o H w o w J a a U Y w a a H 0 NI� 0 x W a a Helen Yngve v. Kodiak Island Borough, #3K0 -11 -181 CI Appellant's Opening Memorandum on Appeal Page 6 of 6 • • IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KODIAK _ _ I HELEN YNGVE Intervenor Defendant /Appellant, District Court :Case No. vs. 3K0 -09 -99 SC KODIAK ISLAND BOROUGH Superior Court Case No. Appellee. 3K0 -11 -00181 CI APPELLANT'S REPLY MEMORANDUM ON APPEAL I. APPELLEE IGNORES OR MISCHARACTERIZES PERTINENT FACTS. Q (6z ° „ The Borough states that it garnished bank accounts "of z ° a rm appellant's judgment debtor son" and characterizes Helen Yngve's w =rw P F-u` zx< s FNBA savings account as "jointly owned by the appellant and her . < m <w 'o$°ao son." This is, at best, imprecise. Z - F = G a > xw For purposes of convenience only, Helen's savings account was W established as a joint account with her son, Glenn Yngve.V That does not mean that the funds in that account were "jointly owned," as the Borough implies. To the contrary, AS 13.33.211(a) expressly provides that: During the lifetime of the parties, an account belongs to the parties in proportion to the net contribution of each to the sums on depos- it, unless there is clear and convincing evidence of a different intent. Because Helen had contributed all of the funds in the FNBA savings account and Glenn had contributed none of them, that account o belonged to Helen — i.e., notwithstanding Glenn's ability, to w w w � a V See ¶4 of the December 13, 2010 Affidavit of Helen Yngve, attached as Exhibit A to her December 14 Opposition to Motion to Continue Exemption Hearing and ¶ 4 of the Affidavit of Glenn Yngve attached to his November 23, 2010 Claim of Exemptions. withdraw funds from the account, it was not "jointly owned by the appellant and her son. " / The Borough simply ignores other inconvenient facts and circumstances which are particularly relevant to this appeal and, in his February 23, 2011 Order on Motion for Attorney's Fees, the Magistrate followed suit. First and foremost, immediately after Helen's funds were seized, and before she retained counsel, Helen Yngve advised the Borough's attorney that none of those funds belonged to Glenn and asked that they be returned.' -V When that request was summarily refused, Helen retained counsel who likewise contacted the Borough's attorney, provided documentation from FNBA establishing that Helen was "the Primary account holder" to whom a vh z m n z23n eZ "[a]ny interest . . . from this account was paid," and proposed Qaz a F o�y° that the parties stipulate to an immediate return of Helen's funds 1- - m .Z 0< 0 < - w mow e o u- Hz ow >n < o -3a c LL1 zi The right of either party to a "joint" bank account to withdraw funds from it arises solely from the contractual relationship between the bank and its depositors, not from any underlying rights as to ownership of those funds. The existence of a joint account does not mean, as the Borough misinformed the trial court, that "[t]he funds within the joint accounts [at FNBA and Alaska USA] are property of the defendants." See Plaintiff's Opposition to Claim of Exemptions, dated November 30, 2010, at 4 and 5. a I/ See ¶3 of the December 13, 2010 Affidavit of Helen Yngve, =t attached as Exhibit A to her December 14 Opposition to Motion to w w Continue Exemption. 0 a Kodiak Island Borough v. Glenn & Pam Yngve, #3K0-09-99 SC Appellant's Reply Memorandum on Appeal Page 2 of 9 with each side waiving any claim to costs or fees.-" That approach was also rebuffed. The Borough had no legitimate reason to doubt the representa- tions of Glenn and Helen Yngve as to ownership of the funds in the FNBA savings account, it being relatively commonplace for an aging parent to hold funds in a joint bank account with an adult child for the sake of convenience. Furthermore, when the Borough's attorney erroneously claimed the "general rule" to be that "joint accounts are reachable by the creditors of both account holders," counsel for Helen Yngve promptly advised him of legal authority to the contrary.V The Borough simply ignored this information, however, and insisted upon proceeding to a full - fledged exemption 0 y z m ''1<5 n : hearing. It's conduct vis a vis Helen Yngve thus clearly belies O w m m ° , wEEI -Y its claim that "the appellant . . . needlessly increased the Ch Y w Zm< attorney time involved with the matter.jW o�Za The Magistrate was fully apprised of all of these circumstanc- >ac ` ° es and, therefore, was arbitrary, capricious and manifestly m unreasonable in stating that "Helen Yngve took the course of maximum litigation" and implying that she easily could have V See the December 10, 2010 letter from Melvin M. Stephens, II to Clyde W. Hutchins, Jr. attached as Exhibit A to Helen Yngve's Reply to Opposition to Motion for Attorney Fees dated January 27, 2011. At the time that letter was sent Mr. Hutchins already had before him Helen's certification that "[a]11 funds in this [FNBA savings] account, including those seized belong solely to me and were not the property of either Glenn Yngve or Pam Yngve" (see Helen Yngve's Motion to Intervene dated November 29, 2010) as well as Glenn Yngve's sworn statement that he was "a co- signer on the [FNBA savings] account purely for convenience and [did] not claim or own any of the funds in it" (see ¶ 4 of the Affidavit of Glenn Yngve attached to his November 23, 2010 Claim of Exemptions). v Id. = bi Appellee's Memorandum on Appeal at 2. u�= Kodiak Island Borough v. Glenn & Pam Yngve, #3K0 -09 -99 SC Appellant's Reply Memorandum on Appeal Page 3 of 9 recovered her funds had she only waived her right to counsel, represented herself, and spent "roughly five minutes on the phone with the creditor, five minutes filling out a request for a court hearing, and twenty minutes in court arguing the matter. "V II. THE PRESENTATION OF MORE THAN ONE DEFENSE TO THE BOROUGH'S SEIZURE OF HELEN YNGVE'S FUNDS WAS FULLY APPROPRIATE. Helen Yngve had two legitimate defenses to the Borough's attempt to execute its judgment against Glenn and Pam Yngve against her FNBA savings account. The first was that, notwithstanding Glenn's access to that account, none of the funds in it had been contributed by him and, therefore, under AS 13.33.211(a) and the position adopted by a substantial preponderance of relevant case — Q h. law, that account could not be reached in an attempt to satisfy a z° • 3_ �o JN w Na judgment against him. The second defense was that the judgment a ✓ o H • a zzxao against Glenn Yngve was invalid or had been fully satisfied.V �z >w m • a z a m< mow °<o Both defenses were legitimate and therefore both were duly Z o H 2 °0- > aa0 xw presented. The Borough summarily labels the second defense m m "tangential," however, and, without meaningful discussion as to how it reached this conclusion, suggests that any and all time counsel spent in presenting it should be considered unreasonable and therefore non - compensable under District Court Civil Rule 20(c). V V February 23, 2011 Order on Motion for Attorney's Fees at 2. ai See ¶ 112 -4 of the Affidavit of Glenn Yngve attached to his November 23, 2010 Claim of Exemptions and Intervenor Helen Yngve's Memorandum of Law Regarding Ownership of and Levies Upon Multi - Party Bank Accounts dated December 17, 2010 at pp. 7 -11. 2/ Appellee's Memorandum on Appeal at 2: "The record shows that the appellant spent countless hours advancing tangential arguments in • o her briefing and at the hearing. For instance, in appellant's December 16, 2010 (sic, December 17) memorandum of law, only 3.5 j Elth1 pages of the 13 (sic, 12) pages of briefing (and 19 pages of w exhibits) addressed equitable ownership of the funds in the joint a Kodiak Island Borough v. Glenn & Pam Yngve, #3K0 -09 -99 SC Appellant's Reply Memorandum on Appeal Page 4 of 9 The Magistrate below appears to have bought into this argument, for he essentially accuses counsel of having "excessively litigate[d]" the matter. Both the Borough and the Magistrate are flatly wrong on this issue. Nothing in the rules of procedure governing this case either requires or implies that a litigant defending against a claim, whether or not represented by counsel, must choose and pursue a single defense when more than one is available. Further- more, it is especially egregious for the Borough so to argue when its insistence upon aggressively pursuing its claim to the funds seized from Helen Yngve's savings account required a full hearing in the first instance.' - - 0 • z m m Z o ya tz] a Q� wm aca ma< account. The rest of the memorandum claimed that the underlying w cc; H w m judgment was void." The Borough's characterization of the u a Zx60 v) w w o ., m memorandum in question is as patently inaccurate as its page count. • 0 za'm`w Only 5 of the 12 pages of briefing and 11 of the 19 pages of " „ow °ao exhibits attacked the validity of the underlying judgment against <-Hz w Glenn Yngve. More importantly, the amount of time and effort Helen • e Yngve devoted to this second defense is simply irrelevant to the m m issue of attorney's fees. Both defenses were legitimate and she was fully entitled to argue both. See Gold Bondholders, Etc. v. A.T. & S.F. Rv. Co., 658 P.2d 776, 779 (Alaska 1983). — February 23, 2011 Order on Motion for Attorney's Fees at 2: "An attorney need not excessively litigate a matter, particularly in a venue such as small claims court.” 1 The multiple writs of garnishment which the Borough caused to be issued in connection with this case resulted in levies totalling approximately twice the amount outstanding on its judgment against Glenn and Pam Yngve. The levies totalled $13,274.34. See ¶ 4 of the Affidavit of Glenn Yngve attached to his November 23, 2010 Claim of Exemptions). The Creditor's Affidavit dated November 12, 2010 stated that the judgement totalled only $6,304.19 and the post Judgment Record of Transactions showed that, as of 10/15/10 the total due on that judgment was $6,517.58. Had the Borough honored Helen's request that all of the funds taken from her FNBA savings account be returned to her without the o necessity of a full fledged exemption hearing, the remaining levies would still have fully covered the outstanding judgment. Neverthe- } 0 less, the Borough insisted upon pressing its case to a full exemption hearing. At that hearing it unsuccessfully urged the w� i Kodiak Island Borough v. Glenn & Pam Yngve, #3K0 -09 -99 SC Appellant's Reply Memorandum on Appeal Page 5 of 9 Under the circumstances, the Borough is in no position to complain, and the Magistrate below erred in apparently concluding, that it was unreasonable for Helen Yngve to have briefed and argued a defense focusing upon the invalidity or satisfaction of the underlying judgment. That defense was in no sense "tangential" and it is at best misleading to claim that "[t]he appellant did not prevail on any of these tangential arguments ". —" A ruling on those arguments was never made simply because the Magistrate accepted and rested his decision upon Helen Yngve's first de- tense . l —Y Furthermore, even if Helen Yngve's challenge to the underlying judgment against Glenn Yngve had, in fact, been ruled upon and 0 z m 0 • °3� e� found wanting, this would not have been a valid reason for reducing Lz oas =OJNma m an award of attorney's fees in her favor. The Alaska Supreme Court • o • a x 0 VJ z'm , < has explicitly ruled on this issue in the context of Civil Rule Xwow i-rdox Z r z a Ow w • a m - w n court to ignore a controlling Alaska Statute and to adopt a minority position under which the garnishment of Helen's funds would have been permitted. ? See Alderman v. Iditarod Properties, Inc., 104 P.3d 136, 144 (Alaska 2004), ( "When a party has taken a legitimate position, it has not acted unreasonably for the purposes of Rule 82 "). 1/ Appellee's Memorandum on Appeal at 3. 19 / The Magistrate ordered all funds seized from Helen Yngve and Margaret Yngve returned to them. It then characterized the funds seized from Pamela Yngve's account as "rightfully garnished" but stayed the release of these funds to the Borough for 60 days Vs "pending further litigation." December 29, 2010 Order on Claims of exemption at 4. Only Glenn and Pam Yngve would have had standing X5 to pursue the matter through "further litigation" and, since EI = neither of them was represented by counsel, it was fully predict- able that no such further litigation ensued. ww w � a Kodiak Island Borough v. Glenn & Pam Yngve, #3K0 -09 -99 SC Appellant's Reply Memorandum on Appeal Page 6 of 9 • 82 and there is no reason to believe that it would countenance a different approach to fee awards under District Court Civil Rule 20 (c) .' - - III. THE MAGISTRATE'S FEE AWARD OF ONLY $200 WAS A CLEAR ABUSE OF DISCRETION. In the context of fee awards under Civil Rule 82 the Alaska Supreme Court has commented that while "not mandatory, it is . . clear that the denial of a motion for such fees may not be arbitrary or capricious or for some improper motive.j!V Examples of factors which a trial court might legitimately consider in reducing or refusing a fee award include whether a claim or counterclaim "was interposed for the purpose of delay or confu- - L m CI sion," the equities of the situation," and whether, where one z • 3 6.2 ao -1y party has prevailed on a highly favorable contract, it would be E' a ixao "unconscionable to allow an additional sum for attorney's fees � gz'a ma w ZW EFn ~ D w O W > a a V 4 w _14 ,o �- m I!' See Gold Bondholders, Etc. v. A.T. & S.F. Ry. Co., 658 P.2d 776, 779 (Alaska 1983), in which the court rejected a contention that a Rule 82 fee award "was excessive because most of the time spent on the litigation by [the prevailing party] was used to prepare jurisdictional arguments on which [that party] did not prevail." The court reject that contention, which it labeled "untenable" reasoning as follows: "Rule 82(a) does not require that attorneys' fees be calculated with reference to the disposition of individual issues. Rather, it expressly provides that a reasonable award of fees shall be made, at the trial court's discretion, to the prevailing party. The clear meaning of that provision is that the party who prevails on the principle dispositive issue is entitled to reasonable costs calculated according to the trial court's discretion. See, Cooper v. Carlson, 511 P.2d 1305, 1308 (Alaska 1973). We refuse to now alter the purview of Rule 82 by requiring the niceties of apportionment urged by the Bondholders. (Footnote omitted; emphasis in the original). nl IV Counsel is aware of no appellate decisions construing Rule 20 (c) . mR w" LU Cooper v. Carlson, 511 P.2d 1305, 1310 (Alaska 1973). a Kodiak Island Borough v. Glenn & Pam Yngve, #3K0-09-99 SC Appellant's Reply Memorandum on Appeal Page 7 of 9 resulting from [the non - prevailing party's] presenting a legiti- mately arguable claim.j Needless to say, none of these circumstances are even remotely reflected by our case. Quite frankly, our case involved overly aggressive and borderline abusive tactics directed against a wholly innocent and faultless citizen by a governmental unit fully represented by counsel. When such a citizen, instead of meekly bowing to the government's will, retains counsel and defeats the government's ill advised, inappropriate and unnecessary tactics, a reasonable award of attorney's fees should follow. And when counsel for the prevailing citizen has devoted over 28 hours to such a case, a fee award of only $200.00 is arbitrary, capricious 0 h z m m z e and manifestly unreasonable. Such an award is an abuse of L -2<5 a. O.J UI W PfD ° a =Y discretion and should be summarily reversed. It cannot legitimate - ° Q z - ho =x<0 v ow >m <� ly be justified or defended by suggesting or implying that it is o za w ¢ O zLL oa unreasonable for counsel to spend any time whatsoever researching, 7i o w ..;` ° `' briefing or otherwise preparing to present a case in a venue such M X as small claims court. IV. CONCLUSION. The Magistrate's award of only $200.00 in attorney's fees to Helen Yngve should be vacated and a reasonable award should be substituted in its place. ai Id. at 1311. M I - 12 I The fact that counsel represented Helen Yngve on a pro bono off} basis is, of course, irrelevant. See Gregory v. Sauser, 574 P.2d wt 445 (Alaska 1978). a Kodiak Island Borough v. Glenn & Pam Yngve, #3K0 -09 -99 SC Appellant's Reply Memorandum on Appeal Page 8 of 9 DATED this 12th day of July, 2011. MEL IN M. STEPHENS II Attorney for Appel ant Alaska Bar #8001124 CERTIFICATE OF SERVICE I, MELVIN M. STEPHENS, II, hereby certify that 1 served the foregoing by first -class mail on Clyde Hutchins, Attorney for Kodiak Island Borough, at 900 W. 5th Avenue, Suite 600, Anchorage, Alaska 99501 anti on �I gnnn Yngve,at P.O. Box 9018, Kodiak, AK 99615 this 12th day of Jlt, 2011. ✓� (//// Tr( I MELVIN M. STEPHENS, II ` 0 Z2 m r') Z o e t t a Q 0 ) = o —J co P O O.. 6 N a y F o a O x 0 (-I) > w 0 0) ¢ w O Y Z W O w a 0 Hrd 0 x Z o H j O w n a U Y w a 0 F- N ro �LL Io • 4 L7 W W U , a Kodiak Island Borough v. Glenn & Pam Yngve, #3K0 -09 -99 SC Appellant's Reply Memorandum on Appeal Page 9 of 9 Kodiaklslandftoroagh ; Office of the Borough Mayor /`¢'> °W 710 Mill Bay Road ` y Kodiak, Alaska 99615 . ;A GL _' Phone (907) 486 -9310 Fax (907) 486 -9391 . t 1 L 0 February 27, 2013 July Lam Associate Attorney I Alaska Public Offices Commission 2221 E. Northern Lights Blvd., Room 128 Anchorage, AK 99508 -4149 RE: Request of Inspection of Records Jerome M. Selby v. Melvin M. Stephens, 11 APOC Case No.: 13 -04 -POFD Dear Ms. Lam, In response to the request for production of records, attached are the records the Borough holds in its possession regarding: 1. Records related to the disposition of the final attorney's fees as per the Order Vacating and Replacing Small Claims Court Decision on Attorney's Fees. Specifically, these records are records of payment being made, to whom the payment was made, and the accounting records of this transaction. 2. Accounting records in the Borough's possession related to payments made from the Kodiak Island Borough in the case of Ms. Helen Yngve. Sincerely, KODIAK ISLAND BOROUGH / Jero a M. Selby Borough Mayor MELVIN M. SPEPHENS, II A PROFESSIONAL CORPORATION ATTORNEY AT LAW 326 CENTER AVENUE, SUITE 90A P.O. BOX 1129 KODIAK, ALASKA 99615 MEMORANDUM TO:Glenn Yngve FROM:Melvin M. Stephens, II RE:Seized Funds DATE:November 27, 2010 I suggest that your mother file with the court a request to personally appear and take part in these proceedings as well as her own claim of exemptions. Examples are attached. These things should be filed and copies served no later than Monday. I would be glad to meet briefly with your mother either today of tomorrow (Sunday) if all of the questions on the attached table are fully answered beforehand. Depending upon the results of that meeting, I might be willing to represent her if, on Monday, she calls up Clyde Hutchins, explains that the seized funds are hers, requests that the funds be released back to her, and Hutchins refuses. You still must represent yourself and argue against all of these seizures. You should bring to the court's attention the fact that, on the Creditor's Affidavit which Mr. Hutchins signed, he falsely implied that the judgment against you was "for unpaid taxes" and thus could be executed against even exempt property. It wasn't; it was for unpaid garbage fees. FYI social security payments are exempt from garnishment under federal law (42 USC 407), longevity payments are exempt under state law (AS 09.38.015(a)(5)), and 20% of the PFD is exempt under State law (AS 43.23.065). My home phone is 486 -3515 Account 704175631 Was this a checking or savings account? If Savings, who keeps the passbook? If checking, who has a checkbook? If checking, who keeps the check register? What was the balance in the account just before the $6,667.58 was seized on November 13? How did that money get into the account? Who deposited it and from what sources did it arise? Was ANY of the money in the account Glenn's? Did Glenn make any deposits into the account? If so, when, how much and from what sources? Were any social security checks deposited into the account? If so, when and in what amounts (for past 6 months)? Were any longevity bonus payments deposited into the account? If so, when and in what amounts (for past 6 months)? Was Helen's most recent PFD deposited into the account? If so, was direct deposit used? Was Glenn's most recent PFD deposited into the account? Does the account bear interest? If so, in whose name is the Form 1099 -INT issued when it is sent to the IRS? Why is Glenn's name in the account? When did Glenn most recently either withdraw money from the account or pay a bill from the account? Give details as to amount and nature of the bill or purpose of the withdrawal. 8. WHAT IF I HAVE A QUESTION ABOUT MY BILL? Call me. If you are unhappy about the work I've done for you or don't understand why you have been billed as you have, I want to be the first, not the last, to know. If you feel that you have been unfairly billed by any attorney, you may wish to investigate the fee arbitration procedure offered by the Alaska Bar Association, Attorney's which also handles other complaints against lawyers. Its phone number is (907)272 -7469. Fees MELVIN M. STEPHENS, H Attorney at Law 326 Center Avenue, Suite 90A P.O. Box 1 129 Kodiak, Alaska 99615 Telephone (907)486 -3143 The Alaska Bar Association requires that all fee agreements between an attorney and his clients be in writing or confirmed in writing. This pamphlet is intended to answer the most common questions about how you will be charged for any legal advice or other services that I render for you. If you have any additional questions which it does not address, don't hesitate to ask them. 1. HOW IS THE FEE DETERMINED? I have no way of knowing how much time will be involved in prosecuting or defending any given lawsuit. Most of the work which I do is billed at $200/hr. That depends as much on the other side and its Unless we specifically agree to a different arrangement, attorney as it does on me. Being involved in contested this is how t will bill you. litigation is likely to be far more costly than you ever imagined possible. For this reason it is seldom a finan- For preparing certain types of cially practical alternative when the amount in dispute . „- . documents, such as most deeds, is small. promissory notes, and powers of attorney and some simple wills and 5. IS THERE ANYTHING I CAN DO TO HELP sales contracts, I charge a fixed fee KEEP THE COST DOWN? instead of billing my time by the hour. ii I charge a fixed fee for most adop - Yes. Help me. Spend some time organizing tions, uncontested divorces and for information before you give it to me. if you are forming a corporation. involved in a dispute, make a brief outline or chronol- ogy of the most important events and the addresses and Finally, I accept some claims on a contingency fee phone numbers of the parties involved basis. My fee is then based upon a percentage of and any witnesses. This will help me whatever is recovered from the other side. If nothing is understand the background to the recovered there is no fee. problem in the least amount of time, and that means a lower total cost to -= 2. WHAT OTHER CHARGES WILL BE you. S - -2 INCLUDED IN THE BILL? 6. WHEN AM I EXPECTED TO In addition to my fees, you will billed for any out- PAY? -of- pocket costs incurred in connection with the work I have done. These costs are billed even in fixed fee and If you are seeking legal advice about a given matter contingency cases. which will not involve further work on my part, I ask that you pay at the end of our consultation. If I am Examples include computerized legal research drafting legal documents for you, I will ordinarily expenses, long- distance telephone calls, postage, expect full payment as soon as they have been litigation reports, court reporters, photocopying ex- prepared. If I am billing you on an hourly basis and my penses, and filing or recording fees. I charge $0.10 for work extends over a period of tune, I will bill you a the each photocopy prepared in my office. beginning of each month. Each month a late charge of $5.00 or .75% of the unpaid balance due (whichever is 3. IS A RETAINER REQUIRED? more) is added to any balance which has not been paid within 30 days. I often ask clients to make an initial deposit to be applied against the bill as their work is done. How 7. CAN I MAKE OTHER ARRANGEMENTS much is determined on a case by case basis. When FOR PAYMENT? representing a client in litigation on an hourly basis, I require an initial deposit of at least $2,000. I also ask That depends. If you expect to be unable to pay the bill that the amount on deposit with me be maintained at in full when it is due, please talk to me about your that level until the lawsuit is over. I may ask that it be situation at the earliest opportunity. We may or may increased when a trial date is set. not be able to work something out. I do ask, however, that you talk with me about this before any work is 4. HOW MUCH WILL IT COST? done. The reason that I bill most matters on an hourly basis If we haven't previously talked about it and you is that it is very hard to estimate how much time will be happen to receive a bill that is larger than you can pay required to accomplish most legal work. One client's in full within 30 days, please give me a call so that we legal problems are seldom exactly like another s. If you can discuss a partial payment and a schedule for paying ask, t will try to give you an educated guess as to the the balance. Don't be embarrassed; legal bills are often likely total cost of a given matter, but please remember as unexpected as they are unavoidable. But don't just that it is just that -- a guess. The final bill may be silently put the bill on a stack to be paid at some later more. date. BEFORE THE ALASKA PUBLIC OFFICES COMMISSION JEROME M. SELBY, Complainant, ARMED vs. MAR 0 6 2013 MELVIN M. STEPHENS, II OC - ANCF$ P NC FAX ELE Respondent. Case No. 13 -04 -POFD ANSWER TO COMPLAINT DATED 2/12/13 Melvin M. Stephens, II, Respondent with respect to the complaint filed by Jerome M. Selby and dated 2/12/13, answers said a complaint as follows: o ti z m wa 1. I object to the complaint as improperly indefinite and x �as F °a�x�o uncertain. The description or summary of the alleged violation . z'am reads, in full: "Income from lawsuits against the Kodiak Island H °a do zo i a � w o Y w Borough was not reported." One is then left to comb through 46 O j � w pages of supposedly supporting documents in an attempt to determine w CM exactly what actions on my part are being alleged and why those actions might constitute a violation of otherwise unspecified provisions in AS 39.50 or 2 AAC 50.680 -799. This is entirely improper. 2. Without waiving the foregoing objection, I deny, categorically and subject to the penalties of perjury, that I have ever received income from any lawsuit or lawsuits involving the Kodiak Island Borough which was required to be disclosed, but was not disclosed, on any report or form I was required to file with the Alaska Public Offices Commission. I therefore ask that the complaint filed by Jerome M. Selby be dismissed on the merits and pursuant to a finding that it presented no evidence whatsoever establishing a violation of any APOC statutes or regulations. 3. Assuming for present purposes that Mr. Selby is alleging that, in either 2010 or 2011, I received more than $1,000 of income both from Cedric Cutler (in connection with lawsuits entitled In Re: Delinquent Taxes and Special Assessments and Garbage Service Liens for the Year 2009 and Prior Years in the Kodiak Island Borough, #3KO -10 -62 CI, and Cedric Cutler v. Kodiak Island Borough, Alaska Supreme Ct. Case # S- 14215) and from Helen Yngve (in connection with lawsuits entitled Kodiak Island Borough v. Glenn Yngve and Pam Yngve, 3K0 -09 -99 SC, and Helen Yngve v. Kodiak Island Borough, 3K0 -11 -181 CI), I specifically and explicitly deny that there is any truth whatsoever to either allegation. . a THE CUTLER CASE Z z m zo w vi 4 wa3 4. In October of 2008 Cedric Cutler purchased a lot in the x sas p�e F oQZ�e" Aleutian Homes Subdivision of Kodiak for $25,000 without knowledge •3 Y wxV° z ' a m m or notice of the fact that the previous owner had failed to pay a �woF °�o z w ow dumpster fee of approximately $4,500. Three months later the ,r¢Q0 ut a Kodiak Island Borough recorded a lien for the unpaid fees and in M February of 2010 it initiated a foreclosure action against Mr. Cutler's property, claiming that the lien was not only valid but that it had the same status as a lien for unpaid property taxes. 5. Mr. Cutler protested to the Borough but it refused to halt the foreclosure action against his property unless he paid the former owner's underlying bill. Mr. Cutler then retained my services and I filed an answer and counterclaim on his behalf. He agreed to pay my usual hourly fee but I did not ask for or receive any retainer or advance deposit from him, it being my expectation that at least part, if not all, of my work would be done on a pro bono basis. Jerome Selby v. Melvin M. Stephens, II APOC Case no.13 -04 -POFD Answer r , ,� � Page2ofll MAR >6 t.�'` 6. The trial court ruled that the Borough had authority to assert the lien and therefore dismissed Mr. Cutler's counterclaim. I then filed an appeal to the Alaska Supreme Court on his behalf. After being elected to the Kodiak Island Borough Assembly in the fall of 2011 I arranged for other counsel to represent Mr. Cutler and complete the appeal. The Supreme Court recently ruled that the Borough had no authority to assert liens for the collection of unpaid garbage fees but that it was immune from damage claims, such as Mr. Cutler's, arising out of the unauthorized recordation of such invalid liens. Cutler v. Kodiak Island Borough, 290 P.3d 415 (Alaska 2012). a 7. Shortly before I withdrew as Mr. Cutler's appellate o wa w m counsel in the fall of 2011, I had a single telephone conversation s? m 0. x • JN N0W F with Cheryl Brooking, the "Borough Attorney, "u about that case. aw7 .oz‹ °' w Ms. Brooking then materially misrepresented the substance of that uz mOwd<O zo ~z ° ow conversation in correspondence which was copied to the Borough a Manager, Mayor and Assembly Members,"? so I have made a point of w only communicating with her in writing ever since. At no point have I ever discussed with either Jerome Selby or Cheryl Brooking the subject of attorney fees or other income which I might have received from Cedric Cutler or any other client. Therefore neither of them has any factual basis for the groundless allegations which have been asserted in this case. There is nothing in the "documentation" attached to Mr. Selby's complaint which in any way "± The Borough's contract for legal services is with the firm of Johnson Brecht Cartledge Brooking. Cheryl Brooking is the primary contact for that contract. \2 See 11/22/11 letter from Ms. Brooking to me submitted in support of Mr. Selby's complaint. Jerome Selby v. Melvin M. Stephens, II, APOC Case no.13- 04 -POF0 Answer Page 3 of 11 MAP, u 20 13 i Midi ili 11 1, li 111 IT 7010 1870 0002 7849 9565 ee, 7010 1870 0002 78i9 9555 • et, .■; X :.? t i- T Pril 0' ::: ;r• :IA I gal:, '-t r t ' C ' '- ' r•-• -" I Cr' U; 2 ; '..; I .alitWC. a -$. 1 7, 3 . 37 2 9 :?, $.) ; A ataforlii "r33 1/2 I '"I Vitignst,:, a p. * „„,.....,„ 4 e' , .0' •-..J - 2 3 8 a ; c 2 g .--..tmr.tt: - - E --- o ft 1 EA 1 '- .3;0 a . 'ittae• 818., r - 2 ,f • *3 at o. Ant-rt - , C UnIzegreI 222 T-- ..cl ---- STEPHENS, II G 4 MELVIN M .— 11, z,eitz.2414'..112 . 1 r< 3- „-_,.. -,.....„ - ,,_.. re .4,..„Atzt..:;9: 1 . ., a krn7. A PROFESSIONAL CORPORATION j':,..1. 7 , - es xesintresP, P0 BOX 1129 KODIAK. ALASKA 99615 Iv --- ■ tg: ti V. CI 3 e-tal 2 ..C . • ..e.,. 4* . 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A PROFESSIONAL CORPORATION . . — a ete4,4;o se _i • ' 0 '07,.•:7-4.: ROE BOX 1129 - viVti,e-121 --rj , : trIn KODIAK, ALASKA 99615 I i .„ z , a !a41 1 1 , ) Jerome Selby aN EL - ` at: - ?:,7 :;:^:i7lar...1.;.• 710 Mill Bay Road Kodiak, AK 99615 , •1;,: Itfr,P.....,, .. 1.• -•••••p ,•4;■•••-;;,t.A.,•"•••7.-•-m,,..2,-:,-.4%-., t•m.;•,,..,,;:•;;T:f.i..,;;•*;•:7:::::•41:.:•?=,.7,"1:,-14];.i: qt•S: 4 *f ±CtitiVitti OkAtEgfittottit?-12:?±Iff; . . , . u-, , :(Domeitle Mail OnlyNo ( Ihstuanie:cokiMae fyaideilyAu, 'i ' 1 0- 5 For dellvEly InformatIciityiSit OUT viebsIte at www.usps.coffie:^:1.;‘)it,z; I r , OFFICIAL 1.1-SE • \ . n - , . , • . ,,. - . , co Postage $ 3•tts4 f ..>, • FU Centhed Fee 3. to ,,.. ,,,.,;, . „, c • D , . ,, F:ostrnahc 1 Reiurn Receipt Fee CI (Endorsement Requ}red) ans4,1- \ -.-,.. L , ...,' ) cn , Resuced Oe!lvery Fee C (Enaorsement Required) e"'■ ' c t ) Total Postage & Fees $ g - 744 r-7 Sent To . C C-04 ' N— P Street. Apt No.. ..,., 1 or PO Box No 1 (Q M . \ 1 C cv - t ?Th Cf aty State, ZIPti ,. A . . ... v_ ipAy 4 . ‘ .. 7( IA , c., BEFORE THE ALASKA PUBLIC OFFICES COMMISSION ) Jerome M. Selby, ) Complainant ) RECEIVED Case No. 13 -04 -POFD vs. ) MAR 1 8 2013 Melvin NI. Stephens II, ) ) BOROUGH CLERKS OFFICE �� KODIAK, ALASKA Respondent ) �4 NOTICE OF HEARING AND PROCEDURAL ORDER A hearing in this case will take place before the Alaska Public Offices Commission on Monday April 1, 2013 at approximately 9:15 am at the offices of the Commission located at 2221 F. Northern Lights Boulevard Suite 128, Anchorage, Alaska. The commissioners will be present in person or by telephone and will receive evidence regarding this matter. You may be present at the hearing, either in person or by telephone, and you may be, but are not required to be, represented by an attorney or agent. If you wish to participate by telephone and are an individual who requires a special accommodation to participate, you must advise the commission office on or before March 26, 2013, so that a teleconference or special accommodation can be made. PREHEARING AND HEARING PROCEDURES 1) Parties. The parties in this case are Commission Staff and Respondent. 2) Issues. At the hearing, the Commission will consider whether Respondent's past public official financial disclosure (POFD) for 2011 and 2012 remain noncompliant. 3) Procedural history. The complaint was accepted on February 19, 2013. The Staff Report recommending the complaint against Mr. Stephens be dismissed was issued on March 7, 2013. 4) Hearing procedures. The hearing will be conducted as provided in AS 15.13.380, 2 AAC 50.470, and the Alaska Administrative Procedure Act, AS 44.62.330 — 44.62.630. All testimony must be presented or submitted under oath. A party may call witnesses, cross- examine witnesses, present and rebut evidence. If the respondent does not testify, the respondent may be called and examined as if under cross- examination. 5) Evidence and exhibits. All relevant evidence may be admissible at the hearing. In passing upon the admissibility of evidence, the Commission may consider, but is not bound to follow, the rules of evidence governing general civil proceedings in the courts of the State of Alaska. The Commission may exclude inadmissible evidence and order repetitive evidence discontinued. 6) Prehearing filings. No later than March 21, 2013, a party: a) may file a list of witnesses expected to testify at the hearing; b) may file copies of exhibits to be presented at the hearing that are marked and identified (for example, Resp.'s Ex. A); c) may file a prehearing memorandum; d) may file prehearing motions, including motions to dismiss, for summary judgment, or to exclude evidence, and e) shall serve all parties and the Complainant with filings submitted. 7) Response to motions and requests for subpoenas. No later March 26, 2013, a party a) may respond to a motion; and b) may request the Commission to issue subpoenas to compel the attendance of witnesses, the production of documents, or other things related to the subject of the hearing, and is responsible for serving the subpoena and paying the appropriate witness fee. 8) Extensions of time. Requests to extend the deadlines in this order must be in writing, filed with the Commission, served on all parties and the Complainant, and supported by good cause. 9) Copies of filings, motions and requests. A party must submit eight copies of all filings, motions and requests filed for consideration in a hearing, at the time they are first submitted. 10)Burden of proof. The Commission staff has the burden to prove any charges by a preponderance of the evidence. Notice of Hearing and Prehearing Order Page 2 Jerome M. Selby v. Melvin M. Stephens II 13 -04 -POFD Kodiak Island Borough Assembly Regular Meeting Guidelines March 7, 2013, 7:30 p.m., Borough Assembly Chambers Please announce: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse any Assembly member who may be absent. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: * Regular Meetings of January 17 and February 7, 2013, and Special Meetings of January 31 and February 21, 2013. *a Declaring a Seat on the Parks and Recreation Committee Vacant (Sandra West). * Confirmation of the Assembly Appointment to the Womens Bay Service Area Board (Scott Griffin). *e Confirmation of the Mayoral Appointment to the Planning and Zoning Commission (Frank Peterson). *e Confirmation of Assembly Appointment to the Board of Equalization (Ed Mahoney). Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. * Regular Meetings of January 17 and February 7, 2013, and Special Meetings of January 31 and February 21, 2013. Kodiak Island Borough Assembly Guidelines March 7, 2013 Page 1 Ass PLEASE ANNOUNCE: -STOP. Due to the delay of the radio broadcast and web streaming, please place your \ calls at this time to speak under Citizens Comments. Your call will be placed in a queue and answered at the appropriate time. Local: 486 -3231. 6. AWARDS AND PRESENTATIONS A. Employee of the Year - Manager Cassidy • in the Department. B. Student of the Month Award for February 2013 — Mayor Selby • Brian Koozaata, a Junior at Old Harbor School C. Women's History Month Proclamation — Mayor Selby • Accepting: Victoria Mapalo, Kodiak Womens Resource and Crisis Center 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. 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: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2013 -09 Amending Kodiak Island Borough Code of Ordinances Title 15 Buildings and Construction Chapter 15.10 Building Codes and Chapter 15.30 Fire Code to Standardize the Kodiak Island Borough and the City of Kodiak Building Codes. Recommended motion: Move to adopt Ordinance No. FY2013 -09. Staff Report — Manager Cassidy 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 and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR Kodiak Island Borough Assembly Guidelines March 7, 2013 Page 2 12. UNFINISHED BUSINESS A. Ordinance No. FY2013 -13 Rezoning a Portion of Kodiak Island Borough Landfill Tract, Per Plat 96 -31, From C- Conservation Zoning District To I- Industrial Zoning District (Case 13 -012). The motion before the Assembly is to adopt Ordinance No. FY2013 -13. Clerk's Note: Attached on blue paper is a substituted version of Ordinance No. FY2013 -13. Staff Report — Manager Cassidy Recommended motion: Move to amend Ordinance No. FY2013 -13 by substitution and direct staff to: • initiate a rezone investigation, in accordance with KIBC 17.205.030.A, for the remainder of Kodiak Island Borough Landfill Tract and Lot 2, Sawmill Subdivision, as shown in attached Exhibit B, from a combination of PL- Public Use Land zoning and C- Conservation zoning to NU- Natural Use Land zoning. • initiate a review of the KIB Ordinance No. 98 -06, the landfill greenbelt buffer ordinance, to run concurrently with the rezone investigation for the remainder of the Kodiak Island Borough Landfill Tract as indicated on Exhibit B, in order to determine whether adjustments or reconfiguration of the greenbelt buffer ordinance are warranted in the context of proposed parcel boundary and zoning changes. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION AND DIRECTION TO STAFF. ROLL CALL VOTE ON MAIN MOTION AS AMENDED. 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2013 -25 Designating the Individual Who Will Serve as the Administrative Official During the Absence of the Kodiak Island Borough Manager. Recommended motion: Move to adopt Resolution No. FY2013 -25. Staff Report — Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines March 7, 2013 Page 3 2. Resolution No. FY2013 -26 Adopting a Federal Capital Improvement Program and Identifying Federal Program Priorities for Federal Fiscal Year 2014. Recommended motion: Move to adopt Resolution No. FY2013 -26. Staff Report — Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 3. Resolution No. FY2013 -27 Expressing Support for Renaming the State Airport in Kodiak After Benny Benson in Observance of His Centenary. Recommended motion: Move to adopt Resolution No. FY2013 -27. Staff Report — Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction — None. D. Other Items 1. Funding Request from the Kodiak Maritime Museum. Recommended motion: Move to approve the funding request of $1,500 to the Kodiak Maritime Museum. Staff Report — Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 2. *Declaring a Seat on the Parks and Recreation Committee Vacant (Sandra West). 3. *Confirmation of the Assembly Appointment to the Womens Bay Service Area Board (Scott Griffin). 4. *Confirmation of the Mayoral Appointment to the Planning and Zoning Commission (Frank Peterson). Continued on next page... Kodiak Island Borough Assembly Guidelines March 7, 2013 Page 4 5. Direction to the Finance Director to Prepare the 2012 Roll of Real Properties Subject to Foreclosure. Recommended motion: Move to direct the Finance Director to prepare a roll of real property subject to foreclosure and make said roll available for public inspection. Staff Report — Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 6. *Confirmation of Assembly Appointment to the Board of Equalization (Ed Mahoney). 14. EXECUTIVE SESSION A. Recent and Pending Litigation Including But Not Limited To: Cutler Case vs. KIB, Wren Board of Adjustment Appeal to the Superior Court, and APOC Complaint Against an Assembly Member. Clerk's Note: A separate executive session must be held on each item. Recommended motion: Move to convene into executive session to discuss recent or pending litigation regarding Cutler Case vs. KIB which qualifies for executive session as recent litigation to which the Borough was a party and confidential attorney - client privileged communications. ROLL CALL VOTE ON MOTION. Please invite the Borough Assembly, Borough Manager, Borough Attorney, and Clerk's Office Staff into executive session. After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Selby announces no action is to be taken as a result of the executive session. OR the Assembly may make a motion if necessary. ROLL CALL VOTE ON ANY MOTION. Continued on the next page... Kodiak Island Borough Assembly Guidelines March 7, 2013 Page 5 Recommended motion: Move to convene into executive session to discuss Wren's Board of Adjustment Appeal to the Superior Court which qualifies for executive session under pending litigation to which the Borough is a party and confidential attorney - client privileged communications. ROLL CALL VOTE ON MOTION. Please invite the Borough Assembly, Borough Manager, Borough Attorney, and Clerk's Office Staff into executive session. After the vote, Mayor Selby convenes the executive session. Upon returning from the executive session, Mayor Selby announces no action is to be taken as a result of the executive session. OR the Assembly may make a motion if necessary. ROLL CALL VOTE ON ANY MOTION. Discussion of the APOC Complaint Against an Assembly Member which qualifies for executive session as a matter which would tend to defame or prejudice the character or reputation of any person. Clerk's Note: Attached to the guidelines is the APOC staff report regarding this matter. Assembly member Stephens requested public discussion on the matter. Please verify with Assembly member Stephens that is still his preference. 15 CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486 -3231; Toll Free is 1- 855 - 492 -9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking I /15 ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The next Assembly work session has been rescheduled to Tuesday, March 19 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, March 21 at 7:30 p.m. in the Borough Assembly Chambers. The Mayor and members of the Assembly will be traveling to Juneau to attend the Kodiak Community Legislative Reception on Wednesday, March 13, 2013. I 'I/fi. ADJOURNMENT I Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines March 7, 2013 Page 6 / KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET [1� 1 0 a RD 0 Regular V Special Date: OSIGn Convened: Recessed: Reconvened: Adjourned: BY: BY: }( I/ /' () BY: ,pI GL� BY: r ir l 4' YL BY: SECOND: SECOND: It„ roI ,,._ SECOND: b yt2 SECOND: l SECOND: Grottwit E rok TNaol3 -C Q{d 1\)o �` -� U\i\IV SlAil . YES NO YES NO YES NO YES NO YES NO Ms. Austerman ✓ Ms. Austerman Ms. Austermar�,, Ms. Austerman V Ms. Austerman Mr. Bonney Mr. Bonney Mr. Bonney 7� V- Mr. Bonney , / Mr. Bonney Mr. Griffin ✓ Mr. Griffin Mr. Griffin 1/./ Mr. Griffin V ✓ Mr. Griffin Mr. Kaplan l7/ Mr. Kaplan Mr. Kaplan Mr. Kaplan ✓ Mr. Kaplan ✓ Ms. Lynch Ms. Lynch Ms. Lynch / Ms. Lynch V Ms. Lynch V Mr. Stephens V Mr. Stephens Mr. Stephens ✓ Mr. Stephens V Mr. Stephens ✓ Ms. Stutes . ' / Ms. Stutes Ms. Stutes Ms. Stutes ✓ Ms. Stutes CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?' TOTAL: TOTAL: TOTAL: Le TOTAL: 1'1 O TOTAL: , l V The mayor may pot vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby V Mayor Selby Mayor Selby Mayor Selby Mayor Selby • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority votes is majority of the membership (quorum). Point of Order and Recess. oyt[P' YU' 4 O' C 0 ,Q__ _ d / KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET I 0 Regular v Special Date: 0 Convened: Recessed: Reconvened: ( Adjjou � rned: BY: Y�- (rn\aN BY: Pi Aul BY: W BY: W i U BY: it(act SECOND: SECOND: V I A SECOND: iho SEGO D: 1 ' SECOND WI Pmc C4,50 U 41191. Iroa,Ael, P ( Ty 5,03-e95 T19,00 i/\ ( Qo 15 - 37 YES NO YES NO . YES NO YES NO YES • NO Ms. Austerman ✓ / Ms. Austerman ✓ Ms. Austerman , / Ms. Austerman , / Ms. Austerman ✓ Mr. Bonney V Mr. Bonney ✓ Mr. Bonney v , / Mr. Bonney �/, / Mr. Bonney Mr. Griffin ✓`! Mr. Griffin Mr. Griffin (// Mr. Griffin V , / Mr. Griffin , / Mr. Kaplan V Mr. Kaplan V. Mr. Kaplan V/' Mr. Kaplan V Mr. Kaplan v � / Ms. Ly V � / Ms. Lynch v Ms. Lynch / Ms. Lynch I / Ms. Lynch V ✓ Mr. Stephens V Mr. Stephens V / Mr. Stephens V Mr. Stephens / v ✓ Mr. Stephens / Ms. Stutes Ms. Stutes ✓ Ms. Stutes V / Ms. Stutes ✓ Ms. Stutes 'CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?) TOTAL: 17 0 TOTAL: 17 0 TOTAL: ( 7 !, TOTAL: fl 0 TOTAL: 5 9\ The mayor may not vote except in the case where only six members of the assembly are present and there is a th r a /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby /Special KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET y� ( Regular Date: V✓I ad c) Convened: Recessed: Reconvened: Adjourned: Adjourned: BY: /' UPI( � l/i �/ BY: r b b rl ^ A Q I A BY: Ci V / i `\ t/' " I BY: 0 BY: ���' SECOND: SECOND: ' SECOND: SECOND: G SECOND: ch u t z i Me/C klij3 Y\0\\ bc C-ifAJWA \A) OK flayht,e____ Nak CTTP ► _ (kV r YES NO YE NO YES NO YES NO YES NO Ms. Austerm / Ms. Austerman Ms. Austerman / Ms. Austerman , / Ms. Austerman Mr. Bonney ✓ Mr. Bonney \� V Mr. Bonney VVV ✓/ Mr. Bonney �/' / Mr. Bonney !� Mr. Griffin Vi. Mr. Griffin l'f / Mr. Griffin s V Mr. Griffin V/ , / Mr. Griffin V Mr. Kaplan V Mr. Kaplan ✓ Mr. Kaplan ✓ Mr. Kaplan V Mr. Kaplan Ms. Lynch 1 / Ms. Lynch Ms. Lynch ✓ Ms. Lynch , / Ms. Lynch c / Mr. Stephens `/` / Mr. Stephens ✓ Mr. St ' Mr. Stephens V ✓ Mr. Stephens ✓ Ms. Stutes Y Ms. Stutes ✓ Ms. Stutes ✓ Ms. Stutes Ms. Stutes CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE 1 TOTAL: C7 0 TOTAL: r7 e onl y Q TOTAL: (Q 0 TOTAL: / ( TOTAL: 3 Lf- The mayor may not vote except in the case whe y six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority votes is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular J Date: 0 `/I V7(p�.� Convened: Recessed: Reconvened: Adjourned: BY: ar BY: BY: BY: BY: SECOND: W 1 � / SECOND: SECOND: SECOND: SECOND: V ryA YE NO 'YES NO YES NO YES NO - ,- YES NO Ms. Austerman Ms. Austerman Ms. Austerman Ms. Austerman Ms. Austerman Mr. Bonney \\.' Mr. Bonney Mr. Bonney Mr. Bonney Mr. Bonney Mr. Griffin /' Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Kaplan VVV Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan Ms. Lynch ` / Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch - VVV Mr. Stephens Mr. Stephens Mr. Stephens Mr. Stephens Mr. Stephens Ms. Stutes , / Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes 'CHANGE VVV OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE) ' TOTAL: 1 0 TOTAL: TOTAL: TOTAL: TOTAL: The mayor may of vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: Re ck 1, 13 Please PRINT your name Please PRINT yo\rname Oty eili #4,,e, \t 0,1l, f\ ck ke_ ) 2 cm34.L / /l \\\\ L ,, wri ^ �� //rte <` < 1,2 r n�� V "NY/ Watterson Construction Co. Kiewit Building Group Inc. Roger Nickel Contracting, Inc. Project: KHS Addition & Renovation Raclin! Ridge Todd Petrie Mike Shaw Bid Open Date: 03.06.2013 3:06 PM midge @wccak.com todd.petrie@kiewit.com contact@rhcak.com (907) 563-7441 1(907) 563-7222 9072229380 (Description - 1 DuantityjUoM Unit Costl Total Cost Unit Costl Total Cost Unit Costl Total Cost Base Bid 01 (8ase Bid 1 1 60,018,000.00 63.223.000.00 62.777,000.00 Base Bid Cost Total 60,018.000.00 63,223,000.00 62,777,000.00 Pay Items Based on Allowances (see Section 012100) and Unit Prices (see Section 01220 01 Earth Excavation 28000 CY 18.00 504.000.00 14.00 392,000.00 16.50 462,000.00 02 Rock Excavation 650 CY 75.00 48,750.00 432.50 281,125.00 27.50 17,875,00 03 Borrow Type A 9500 CY 50.00 475,000.00 38.00 361,000.00 53.75 510,625.00 Pay Items Based on Allowances (see Section 012100) and Unit Prices (see Section 012201 1,027,750.00 1,034,125.00 990.500.00 Alternates 01 Music Room 965,000.00 874,000.00 1,171,882.00 02 Exterior Cladding 1,492,000.00 1.154.000.00 1.408.332.00 03 Wood Athletic Floor 220.000.00 153,000.00 204,398.00 04 Running Track 425,000.00 360.000.00 849.206.00 05 Spray Shop 172,000.00 188.000.00 176,084.00 06 Fuel Oil Tank 294,000.00 181,000.00 265,535.00 07 Snow Melt System 432,00000 431,000.00 429,097,00 08 Upper Mill Bay Parking Lot Paving 247,000.00 263,000.00 251,751.00 09 Upper Mill Bay Landscape 80,000.00 79,000.00 80,656.00 10 Egan Way Paving 121,000.00 48,000.00 58,098.00 11 Paving Rezanot Parking Lot 544,000.00 479,000.00 484.265 00 Alternates Cost Total 4,992,000.00 4,210,000.00 5,379,304.00 r id se Bid Total 1 1 61,045.750.001 1 64.257.125.001 1 63.767.500,001 Bidder Qualification Notes 1 1 1