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2021-12-30 Work Session Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 Kodiak Island Borough Assembly Work Session Bayside Volunteer Fire Department - 4606 East Rezanof Drive Thursday, December 30, 2021, 6:30 p.m., Streamed Live Online at www.kodiakak.us Subscribe here to be notified when agenda packets are published. Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda. Citizen’s comments at work sessions are NOT considered part of the official record. Citizen’s comments intended for the “official record” should be made at a regular Assembly meeting. Page 1. Citizens' comments. 1-907-486-3231 or Toll Free 1-855-492-9202. (Limited To Three Minutes Per Speaker) 2. Agenda items. 4 - 14 a. Discussion Of Process For The 2023 Fiscal Year Budget Budgeting Dec 2021 Finance Department Presentation 15 - 19 b. Maximum Allowable Tax Cap MAPTR Dec 2021 Finance Department Presentation 20 - 26 c. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Business And Agenda, Adding A Statement Of Land Acknowledgement. Complete Binder For Ordinance No. FY2022-07 - Pdf 27 - 30 d. Discussion On All Purpose Vehicle Use On Roadways Complete Binder for All Purpose Vehicles 31 - 32 e. Consolidation Committee Discussion - Committee Chairs Griffin and Turner Page 1 of 38 Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 Consolidation Committee Discussion, Grant Writer/Special Projects Support, Meagan Christiansen - Pdf 33 - 38 f. Reconsideration Of Resolution No. FY2021-38 Rescinding Resolution No. FY2018-21 And Documenting The Kodiak Fisheries Work Group's Scope And Authority Complete Binder For Resolution No. FY2021-38 - Pdf 3. Manager's Comments 1. Packet Review for the Regular Meeting of January 6, 2022 Items may be added during the work session for inclusion on the Regular Meeting agenda. The item title needs to be provided/developed at the work session in enough detail to give assembly and public reasonable notice. Awards and presentations. • Proclamation Declaring January 2022 As National Stalking Awareness Month Public hearing. • None Consideration of the calendar - Unfinished Business. • Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Business And Agenda, Adding A Statement Of Land Acknowledgement Consideration of the calendar - New Business. Contracts. • Contract No. FY2022-26 North Star Siding And Window Upgrades • Contract No. FY2022-28 Kodiak Fisheries Research Center Saltwater Disinfection System Upgrade Design With CRW Engineering Group, LLC • Change Order No. 15 Amending Contract No. FY2019-10 With Jensen Yorba Wall For Design And Services During Construction Fees For The KIBSD Main Elementary School Roof Replacement In An Amount Not To Exceed $64,560. Resolutions. • None Ordinances for introduction. • Ordinance No. FY2022-01A Amending Ordinance No. FY2022-01, Fiscal Year 2022 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. Other items. • Confirmation Of Mayoral Appointment To The Planning and Zoning Commission City Seat Expiring December 2022 Page 2 of 38 Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 • Annual Mayoral Appointments To The Non-Elect Seats Of The Different Boards, Committees, and Commissions • Planning And Zoning Commission Case 22-006, Approval Of Rezone Tract 1 & 2 Of Tract S-5a-1 U.S.S. 3218, 3467, 3469 From Split I-Industrial And B-Business District To B-Business District. • Reconsideration Of Resolution No. FY2021-38 Amending The Kodiak Fisheries Work Group Scope And Authority 4. Assembly Member' Comments. 5. Mayor Comments. Page 3 of 38 BUDGETING PROCESS OVERVIEW KODIAK ISLAND BOROUGH AGENDA ITEM #2.a.Discussion Of Process For The 2023 Fiscal Year BudgetPage 4 of 38 OTHER BUDGETS VERSUS A GOVERNMENT BUDGET The general definition of a budget: A spending plan based on estimated income and expenses. Governmental budgets: Have the added requirement of being legally binding plan. AGENDA ITEM #2.a.Discussion Of Process For The 2023 Fiscal Year BudgetPage 5 of 38 BASIS OF GOVERNMENTAL ACCOUNTING AND BUDGETS Governmental financials, and thereby their budgets, are based on Fund Accounting. Fund accounting is a system that uses separate, self-balancing funds, which emphasizes accountability rather than profitability. These funds are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions or limitations.AGENDA ITEM #2.a.Discussion Of Process For The 2023 Fiscal Year BudgetPage 6 of 38 FUND TYPES AND THE OPERATING BUDGET INCLUDED •General Fund •Special Revenue •Debt Service •Enterprise NOT INCLUDED •Capital Project The borough utilizes five different fund types for its 33 separate funds. Not all fund types are included in our annual operating budget. AGENDA ITEM #2.a.Discussion Of Process For The 2023 Fiscal Year BudgetPage 7 of 38 LEGAL LEVEL OF BUDGETARY CONTROL IN OPERATIONAL BUDGET The Borough has three level of legal budgetary control: line, department and fund. •By Department •General Fund •By Fund •Special Revenue •Debt Service •Enterprise AGENDA ITEM #2.a.Discussion Of Process For The 2023 Fiscal Year BudgetPage 8 of 38 KODIAK ISLAND BOROUGH FUND/DEPARTMENT LISTING Fund Responsible Fund Responsible Type Name Employee/Entity Type Name Employee/Entity GF - Revenues Dora/Roxanne SR - Education Support Fund Dora GF - Legislative Alise SR - Land Sales - Resource Management Roxanne GF - Borough Management Roxanne SR - Building & Grounds Dave GF - Borough Clerk Alise - Borough Building Dave GF - Borough Attorney Roxanne - Mental Health Center Dave GF - Finance Department Dora - School Buildings Closed Schools Dave GF - Information Technology Dora - School Building Major Repairs Dave GF - Assessing Department Seema - Various Borough Buildings Dave GF - Engineering / Facilities Dave - Project Office Dave GF - Community Development Seema SR - LEPC - Emergency Planning Committee Seema GF - Building Official Seema SR - Womens Bay Road Service District Board (due 3/31) GF - Economic Development Seema SR - Service District No. 1 Board (due 3/31) GF - General Administration Dora SR - Monashka Bay Road District Board (due 3/31) GF - Parks & Recreation Dave SR - Bay View Road Service District Board (due 3/31) GF - Emergency Preparedness Dave/Seema SR - Fire Protection Area No. 1 - Bayside Fire Station Board (due 3/31) GF - Animal Control Seema SR - Womens Bay Fire Department Board (due 3/31) GF - Education / Culture / Recreation Roxanne SR - KIB Airport Fire District Dora (due 3/31) GF - Non-Profit Funding: Kodiak College & Libraries Roxanne SR - Woodland Acre Lights Dora (due 3/31) GF - Non-Profit Funding: Health & Social Services Roxanne SR - Trinity Island Light District Dora (due 3/31) GF - Non-Profit Funding: Education, Culture & Recreation Roxanne SR - Mission Lake Tide Gate Board (due 3/31) GF - Transfers Out Dora SR - Facilities Fund Dora EF - Waste Disposal - Landfill Dave/Dora SR - Tourism Development Dora EF - Waste Disposal - Leachate Plant Dave SR - Commercial Passenger Vessel Dora EF - Hospital Enterprise Fund Dave/Dora SR - Debt Service - School Dora EF - Long-Term Care Health Services Dave/Dora GF = General Fund SR = Special Revenue EF = Enterprise Fund EF - KFRC - Research Facility Dave/Dora EF - KFRC - Research Court Apartments Dave/Dora EF - 911 Service - NIRF or 911 Service Dora AGENDA ITEM #2.a.Discussion Of Process For The 2023 Fiscal Year BudgetPage 9 of 38 PERSONNEL CONSIDERATIONS •Staffing costs: Salary and related benefit costs are outside of the director’s direct budgetary control for staff in their ‘home’ department. •Staffing allocations: Directors (primary the Engineering/Facilities department) estimate and allocate salary and benefit costs for employees that are planned to work in a fund other than the employees ‘home’ fund. AGENDA ITEM #2.a.Discussion Of Process For The 2023 Fiscal Year BudgetPage 10 of 38 MAXIMUM ALLOWABLE PROPERTY TAX REVENUES (MAPTR) •Determines the maximum property tax revenue the Borough can levy. The revenue limit is measured in dollars, not a mill value. The calculation can be found in KIBC 3.25.030. •Alaska State Statute: Section 29.45.100 No limitation on taxes to pay bonds. The limitations provided for in AS29.45.080-29.45.090 do not apply to taxes levied or pledged to pay or secure the payment of the principal and interest on bonds. Taxes to pay or secure the payment of principal and interest on bonds may be levied without limitation as to rate or amount, regardless of whether the bonds are in default or in danger of default. AGENDA ITEM #2.a.Discussion Of Process For The 2023 Fiscal Year BudgetPage 11 of 38 TRADITIONAL BUDGET TIMELINE December January February March April May Staff Prepares Their Budgets Staff and Manager Meet Service Areas Hold Public Meetings Assembly Holds Public Meetings and Hearings Final Service Area Budgets Due March 31st Manager's Budget Due April 1st School District Funding Request Due April 30th Final Legal Adoption Date June Multiple Draft Budgets and information exchanges with Assembly June 10th AGENDA ITEM #2.a.Discussion Of Process For The 2023 Fiscal Year BudgetPage 12 of 38 OTHER FY2023 ASSEMBLY TOPICS Additional budget topics for Assembly input will include: •Non-Profit funding •Kodiak Island Borough School District funding •Facilities Fund •Tourism Development •Debt Service State Reimbursement percentage AGENDA ITEM #2.a.Discussion Of Process For The 2023 Fiscal Year BudgetPage 13 of 38 BOROUGH MANAGER ROXANNE MURPHY AGENDA ITEM #2.a.Discussion Of Process For The 2023 Fiscal Year BudgetPage 14 of 38 MAXIMUM ALLOWABLE PROPERTY TAX REVENUE (MAPTR) KODIAK ISLAND BOROUGH AGENDA ITEM #2.b.Maximum Allowable Tax CapPage 15 of 38 KIBC 3.25.030 MAXIMUM ALLOWABLE PROPERTY TAX REVENUES A.Except as provided in this section, the total amount of real and personal property taxes that can be levied or imposed on an areawide basis during a fiscal year shall not exceed the total amount approved by the borough assembly for the preceding year by more than a percentage determined by adding the percentage increase in the Consumer Price Index for Kodiak (or the Federal Consumer Price Index for Anchorage if there is none available for Kodiak) from the preceding fiscal year. B.The limitations set forth in subsection A of this section do not apply to the following: 1.Tax on new construction or property improvements which occur during the current fiscal year; 2.Any appropriation made to pay or secure payment of principal and/or interest on bonds; 3.Taxes required to fund services authorized by voter-approved ballot issues; 4.Funding of new judgments entered against the Kodiak Island Borough; 5.Special appropriations necessary on an emergency basis to fund unavoidable expenses ensuring the public peace, health or safety; 6.Excise taxes, service area property taxes, non-areawide property taxes, and severance taxes. C.The borough assembly shall use the formula and definitions for computation of the total amount of borough property tax that can be levied or imposed by applying the provisions in this section and shall, by May 31st of each fiscal year, publish its calculations showing these computations.AGENDA ITEM #2.b.Maximum Allowable Tax CapPage 16 of 38 MAPTR FORMULA: (A-B) + D + F =G “A” equals the amount of property tax revenue derived from actual taxes levied on taxable real and personal property on an areawide basis in the current fiscal year; “B” equals the amount of the actual payment of principal and interest on bonds made in the current fiscal year, less actual state reimbursement for school construction debt; “D” is product of the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for Kodiak, Alaska, (or for Anchorage, Alaska, if not available for Kodiak) during the prior fiscal year (CPI) and the net taxes levied (A -B) in the current fiscal year; “F” equals the total amount of all exclusions under subsection B of this section, and is the sum of all the following: (exemptions) “G” equals the maximum allowable tax revenue for the next fiscal year.AGENDA ITEM #2.b.Maximum Allowable Tax CapPage 17 of 38 NOTE 1 ADJUSTMENT "Note 1" - Prior Year true up Adjustment Details Areawide Non-Exempt (Gen 100, Educ 201, R&R 469) Prior Maximum Allowable Tax Revenue 'CAP' FY20 (TY19) Property Tax Total 12,840,033$ Less Actual Revenues FY20 (TY19) Property Tax Total 12,705,514$ Total Note 1 Adjustments 134,519$ AGENDA ITEM #2.b.Maximum Allowable Tax CapPage 18 of 38 FY22 BUDGET MAPTR CALCULATION TY2020 Real & personal property taxes levied 13,362,286$ Note 1 - TY19 Adjustments 134,519$ Adjusted Prior Year Maximum Allowable Tax Revenue 13,496,805$ TY21 (FY22)Debt Service Principal, Interest & Service Payments Due Budgeted SOA Debt Service Reimbursements Budgeted Motor Vehicle Ad-Valorem Revenue Note 1 Adjustments Adjusted Maximum Allowable Debt Service Tax Revenue Plus:Adjustment for inflation (CY2020 Inflation Rate using the Anchorage Consumer Price index - Urban = No increase) 0.00%-$ Plus:Exclusions for: 1 Taxes on New Construction/Improvements ($10,949,316)100,734$ 2 Debt Service Adjustments x 3 Voter Approved Services -$ 4 Judgements Paid in FY2021 -$ 5 Special Appropriations on an emergency basis -$ TY21 Maximum Local Tax Revenue Allowed, After Exclusions 13,597,539$ Areawide Non-Exempt Funds 3 Funds (Gen 100, Educ 201, R&R 469)AGENDA ITEM #2.b.Maximum Allowable Tax CapPage 19 of 38 KODIAK ISLAND BOROUGH STAFF REPORT JANUARY 6, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Business And Agenda, Adding A Statement Of Land Acknowledgement. ORIGINATOR: Borough Mayor, Bill Roberts RECOMMENDATION: Motions on the floor: Main Motion: "move to advance Ordinance No. FY2022-07 amending KIB code section 2.30.060, Order of Business And Agenda, to add a statement of land acknowledgement, to public hearing at the next regular meeting of the assembly on January 06, 2022." Motion to Amend: "move to include the land statement in the agenda after the pledge of allegiance" (Carried unanimously) Motion to Postpone: "move to postpone as amended to the next regular meeting on January 6, 2022" (Carried: Four to Two) Current motion: "move to advance to public hearing on Janu ary 6th as amended" Recommended motion: "move to advance Ordinance FY2022-07 as amended to public hear at the next regular meeting of the assembly on January 20, 2022" DISCUSSION: January 6th Update: Wanting further research from fellow assembly members the assembly postponed this item to the January 6th regular meeting for further discussion. December 16 Discussion: Adopting this ordinance will add a land acknowledgement to the regular permanent assembly agenda. There are two versions of this statement that have been provided. Version One is the currently used statement and Version Two is currently the School Board statement. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #2.c. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Busi... Page 20 of 38 Kodiak Island Borough, Alaska Deletion - Red, Strikeout Ordinance No. FY2022-07 Insertion - Blue, Bold, Unlined Page 1 of 2 Introduced by the Mayor 1 Version 1 Drafted by: Borough Attorney 2 Introduced on: 12/16/2021 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2022-07 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9 SECTION 2,30.060 ASSEMBLY ORDER OF BUSINESS AND AGENDA, ADDING A 10 STATEMENT OF LAND ACKNOWLEDGEMENT. 11 12 WHEREAS, The Assembly desires to add a recognition of the ancestral lands in the area as a 13 regular part of its meetings following the invocation. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 16 BOROUGH that: 17 18 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 19 Kodiak Island Borough Code of Ordinances. 20 21 Section 2: That Section 2.30.060, Order of business and agenda, of the Kodiak Island Borough 22 Code of Ordinances is amended to read as follows: 23 24 2.30.060 Order of business and agenda. 25 26 A. Order of Business. The order of business for each regular meeting of the assembly shall be as 27 follows: 28 29 1. Invocation. 30 31 2. Statement of Land Acknowledgement. 32 33 3. Pledge of Allegiance. 34 35 43. Roll call. 36 37 54. Approval of agenda and consent agenda. (Approval of consent agenda passes all items 38 indicated. Consent agenda items are not considered separately unless an assembly 39 member so requests. In the event of such request, the item is returned to the general 40 agenda.) 41 42 65. Approval of minutes. 43 44 76. Citizens’ comments. 45 a. Agenda items not scheduled for public hearing and general comments. 46 47 87. Awards and presentations. 48 49 98. Committee reports. 50 AGENDA ITEM #2.c. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Busi... Page 21 of 38 Kodiak Island Borough, Alaska Deletion - Red, Strikeout Ordinance No. FY2022-07 Insertion - Blue, Bold, Unlined Page 2 of 2 51 109. Public hearing. 52 53 1110. Borough manager’s report. 54 1211. Messages from the borough mayor. 55 56 1312. Consideration of calendar – unfinished business. 57 58 1413. Consideration of calendar – new business. 59 a. Contracts. 60 b. Resolutions. 61 c. Ordinances for introduction. 62 d. Other items. 63 64 1514. Citizens’ comments. 65 66 1615. Assembly members’ comments. 67 68 1716. Adjournment. 69 70 Effective Date: This ordinance takes effect upon adoption. 71 72 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 73 THIS DAY OF , 2022. 74 75 KODIAK ISLAND BOROUGH 76 77 ATTEST: 78 ___________________________ 79 William Roberts, Mayor ___________________________ 80 Alise L Rice, Borough Clerk 81 82 VOTES: 83 Ayes: 84 Noes: 85 AGENDA ITEM #2.c. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Busi... Page 22 of 38 Kodiak Island Borough, Alaska Deletion - Red, Strikeout Ordinance No. FY2022-07 Insertion - Blue, Bold, Unlined Page 1 of 2 Introduced by the Mayor 1 Version 2 Drafted by: Borough Attorney 2 Introduced on: 12/16/2021 3 Postponed to: 01/06/2022 4 Public Hearing Date: 5 Adopted on: 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2022-07 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 SECTION 2,30.060 ASSEMBLY ORDER OF BUSINESS AND AGENDA, ADDING A 11 STATEMENT OF LAND ACKNOWLEDGEMENT. 12 13 WHEREAS, The Assembly desires to add a recognition of the ancestral lands in the area as a 14 regular part of its meetings following the invocation. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 17 BOROUGH that: 18 19 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 20 Kodiak Island Borough Code of Ordinances. 21 22 Section 2: That Section 2.30.060, Order of business and agenda, of the Kodiak Island Borough 23 Code of Ordinances is amended to read as follows: 24 25 2.30.060 Order of business and agenda. 26 27 A. Order of Business. The order of business for each regular meeting of the assembly shall be as 28 follows: 29 30 1. Invocation. 31 32 2. Pledge of Allegiance. 33 34 3. Statement of Land Acknowledgement. 35 36 43. Roll call. 37 38 54. Approval of agenda and consent agenda. (Approval of consent agenda passes all items 39 indicated. Consent agenda items are not considered separately unless an assembly 40 member so requests. In the event of such request, the item is returned to the general 41 agenda.) 42 43 65. Approval of minutes. 44 45 76. Citizens’ comments. 46 a. Agenda items not scheduled for public hearing and general comments. 47 48 87. Awards and presentations. 49 50 AGENDA ITEM #2.c. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Busi... Page 23 of 38 Kodiak Island Borough, Alaska Deletion - Red, Strikeout Ordinance No. FY2022-07 Insertion - Blue, Bold, Unlined Page 2 of 2 98. Committee reports. 51 52 109. Public hearing. 53 54 1110. Borough manager’s report. 55 1211. Messages from the borough mayor. 56 57 1312. Consideration of calendar – unfinished business. 58 59 1413. Consideration of calendar – new business. 60 a. Contracts. 61 b. Resolutions. 62 c. Ordinances for introduction. 63 d. Other items. 64 65 1514. Citizens’ comments. 66 67 1615. Assembly members’ comments. 68 69 1716. Adjournment. 70 71 Effective Date: This ordinance takes effect upon adoption. 72 73 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 74 THIS DAY OF , 2022. 75 76 KODIAK ISLAND BOROUGH 77 78 ATTEST: 79 ___________________________ 80 William Roberts, Mayor ___________________________ 81 Alise L Rice, Borough Clerk 82 83 VOTES: 84 Ayes: 85 Noes: 86 AGENDA ITEM #2.c. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Busi... Page 24 of 38 LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Alutiiq/Sugpiaq people. KIB acknowledges that we are gathered in the Alutiiq/Sugpiaq homeland. We thank and acknowledge the 10 tribes of the Kodiak Alutiiq Region. The heritage and culture of the Alutiiq people continue to enrich our communities. Where we gather today is in the ancient homeland and traditional territory of the Alutiiq/Sugpiaq people. The name Kodiak is based on the Alutiiq word Qik’rtaq, iik shstuck, meaning Island. I would like to acknowledge that the land we live, work, learn and gather on is the original homeland of the Alutiiq/Sugpiak people. We recognize the complex history and rich culture of our native community. We acknowledge a sometimes-difficult history and the resilience of the Alutiiq families who make up an important part of our community today. We believe it is important to state this land acknowledgement because we know that real history is too soon forgotten. AGENDA ITEM #2.c. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Busi... Page 25 of 38 LAND ACKNOWLEDGEMENT (Version 2) We are gathered today on the traditional homeland of the Alutiiq/Sugpiaq people. The heritage and culture of the Alutiiq people continue to enrich our communities and our schools. AGENDA ITEM #2.c. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Busi... Page 26 of 38 All Purpose Vehicle Usage on Roadways Frequently Asked Questions What does this new regulation do? Beginning January 1, 2022 all purpose vehicles will be allowed on roadways where the speed limit is less than 45 miles per hour and where boroughs, municipalities, or cities have not banned their use within their boundaries. All purpose vehicles must be equipped with a headlight, one rear-facing red light, one rear-facing red reflector, and one rear-facing red break light. The all-purpose vehicle must be equipped with brakes, a muffler, carburetor, and a throttle. What if my borough, municipality, or city opts out? If the borough, municipally, or city opts out of the regulations the APVs may not be used on roadways within their jurisdiction. Do I need a special driver’s license or endorsement? No, your current valid drivers license will be valid for the operation of an all-purpose vehicle. Those without a valid driver’s license may not operate an all-purpose vehicle on a roadway. Do I need a special registration? No, a special registration is not required. However, the APV will be required to have a standard motor vehicle registration. Do I need a license plate? Yes, front and rear license plates must be affixed to the APV if it is being operated on roadways. Do I need insurance? Yes, the operator must have a motor vehicle liability policy that complies with AS 28.22. What is an all-purpose vehicle? An all-purpose vehicle is any self-propelled device that is on wheels or tracks that come in contact with the ground. Common all-purpose vehicles are four-wheelers, all terrain vehicles (ATVs), utility terrain vehicles (UTVs), or side-by-sides. Do snowmachines and hovercrafts qualify as all-purpose vehicles? Snowmachines and hovercrafts are still not allowed to be operated on the roadway under these new regulations. AGENDA ITEM #2.d. Discussion On All Purpose Vehicle Use On Roadways Page 27 of 38 Do I have to follow traffic laws when I operate my APV on a roadway? You must follow all traffic laws when operating your APV on a roadway. Can an Alaska State Trooper or local police officer pull me over when I am operating an APV? Yes, APVs are subject to many of the same laws and regulations that vehicles must follow. What happens when the speed on a roadway increases from 45 miles-per-hour to 55 miles-per- hour? You may not operate an all-purpose-vehicle on any portion of a roadway that has a speed limit higher than 45 miles-per-hour. If the speed limit increases on the roadway, you may not travel on the portion of that roadway where the speed is higher than the limit. Am I required to use a helmet when I operate my APV on a roadway? Helmets are not required for drivers of an all purpose vehicle, however passengers are required to wear a helmet. Am I required to use a seatbelt if my APV is equipped with them when I operate on a roadway? If the all purpose vehicle is equipped with seat belts, the driver and any passengers will be required to use them while operating on a roadway. Am I required to provide child restraints or car seats for children that are passengers on an APV being operated on a roadway? Child restraint systems or car seats must be used if the APV is equipped with seat belts. If the APV is not equipped with seatbelts then a car seat or child restraint system is not required. Do I need to have turn signals on my APV? The operator must use hand signals or properly installed turn signals as required under current regulations and statutes for motor vehicles or motorcycles. AGENDA ITEM #2.d. Discussion On All Purpose Vehicle Use On Roadways Page 28 of 38 “Striving for excellence – Serving the community” 2160 Mill Bay Road – Kodiak, Alaska 99615 – 907.486.8000 voice – 907.486.8925 fax City of Kodiak KODIAK POLICE DEPARTMENT Office of the Chief of Police MEMORANDUM To: Mike Tvenge, City Manager From: Timothy Putney, Chief of Police Date: November 23, 2021 Subject: All-Purpose Vehicle Use on Roadways On January 1, 2022, regulation changes in Title 13 of the Alaska Administrative Code, dealing with all-purpose vehicles (APVs) on roadways with speed limits of 45 miles per hour (mph) or less, will go into effect. Kodiak City Code 10.28 addresses the use of ATVs and snowmobiles on City streets; however, it references State regulations which prohibited the use of such vehicles on public streets. As currently written, Kodiak City Code will generally allow for the use of all- purpose vehicles on City streets after January 1. Under the amended State regulations, eligible all-purpose vehicles (APVs) include four- wheelers, ATVs, UTVs, and side-by-sides. Snowmobiles and hovercrafts are still prohibited. Operators of an APV must follow strict guidelines, to include: • APVs must have a headlight, rear-facing red light with brake light, and a rear facing red reflector • Operators must use hand signals or properly installed turn signals • APVs must have brakes, a muffler, and a working throttle • APVs must be registered and have front and rear license plates • Operators must have a valid driver’s license and liability insurance that complies with AS 28.22 • APVs will be subject to the same traffic laws as all other vehicles • Similar to motorcycles, passengers are required to wear helmets • Seatbelts must be used when the vehicle is equipped with them • When the APV has seatbelts, child restraint seats are applicable for young children • A parent or guardian may not knowingly or unknowingly allow a minor to violate these provisions *Those who wish to register an all-purpose vehicle with the DMV will not be eligible to order license plates until after January 1, 2022. Proponents of these regulation changes support access to reliable or potentially cheaper transportation; however, opponents are concerned with public safety. These vehicles will be legal AGENDA ITEM #2.d. Discussion On All Purpose Vehicle Use On Roadways Page 29 of 38 “Striving for excellence – Serving the community” 2160 Mill Bay Road – Kodiak, Alaska 99615 – 907.486.8000 voice – 907.486.8925 fax on roadways (or portions of them) in the Kodiak Island Borough where the speed limit is less than 45 mph. This encompasses a large portion of road system surrounding the City limits where jurisdictional boundaries are not always clear. There are alternatives to allowing the use of APVs on City streets. The City Council can amend Kodiak City Code 10.28 to prohibit the use of all-purpose vehicles in City limits by opting out of the State’s regulatory changes, or amend the current Code to add additional restrictions surrounding the use of such vehicles in City limits. For example, the code could limit the types of APVs that are allowed to operate in the City, such as those vehicles with seatbelts, or the streets they can be driven on. AGENDA ITEM #2.d. Discussion On All Purpose Vehicle Use On Roadways Page 30 of 38 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 30, 2021 ASSEMBLY WORK SESSION Kodiak Island Borough SUBJECT: Consolidation Committee Discussion - Committee Chairs Griffin and Turner ORIGINATOR: Grant Writer/Special Projects Support, Meagan Christiansen RECOMMENDATION: DISCUSSION: Following is an abbreviated update about the Consolidation Committee specific to membership. For detailed information about the background and work of the committee please visit the Borough website page at https://www.kodiakak.us/740/The-Question-of- Consolidation. In July 2018 the Assembly passed Resolution No. FY2019-07 establishing a Consolidation Committee to research, discuss and make recommendations for the potential consolidation of the Kodiak Island Borough and City of Kodiak governments; and prepare a draft petition for consolidation. The Consolidation Committee was formed and began meeting in September 2019. The initial Consolidation Committee consisted of membership according to the resolution except for an alternate City government representative. The committee met regularly and, following an approved work plan, engaged in discussions, and decided upon recommendations to move forward in achieving goals stated in Resolution No. FY2019-07. The members appointed to the committee were aware that it was expected to take more than a year to accomplish the work of the committee. For the most part, the members remained consistently committed to the process however, there have been challenges in maintaining the committee. The alternate 2nd class city/village representative attended a couple of meetings and then stopped attending all together. One at-large member stopped attending meetings In February 2020. The City government representative regularly expressed his opinion that the committee was not qualified to make recommendations regarding consolidation and then stopped attending meetings in July 2020. In late October 2020 a new City government representative and an alternate began attending meetings. The other members of the committee welcomed the renewed participation by City Council members and the perspective they brought to the table. However, it appeared as though these City government representatives did not familiarize themselves with the material previously covered and questioned the work already accomplished by the committee; they essentially halted progress as previously decided recommendations were revisited. After seven consecutive meetings, these two members apparently decided not to participate in the process and have not attended meetings since March/April 2021. When Assembly member Kavanaugh resigned, Mr. Griffin was appointed to fill her seat on the Assembly and he moved from an at-large member to the Borough government representative member on the Consolidation Committee, leaving a second at-large seat vacant. A third at-large seat is vacant upon the recent resignation of another member. AGENDA ITEM #2.e. Consolidation Committee Discussion - Committee Chairs Griffin and Turner Page 31 of 38 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 30, 2021 ASSEMBLY WORK SESSION Kodiak Island Borough Because of these vacancies and the lack of City government representative participation, the establishment of a meeting quorum is currently dependent on all other members attending. Despite the membership challenges, the committee has been forging ahead. There are three significant committee tasks currently in process: 1. Mail-out of a postcard to property owners and registered voters requesting their feedback about consolidation via an online survey. 2. Development of a draft consolidated government budget as required by the petition (application) for consolidation. 3. Development of a draft Code necessary for the potential transition to a new consolidated government. In summary, there are two primary issues affecting the work of the Consolidation Committee in meeting the goals of Resolution No. FY2019-07, they are the vacant at-large seats on the committee and the City government representative's unwillingness to participate. The proposed recommendations for addressing these issues are as follows: -If the majority of the Assembly members are undecided about continuing the efforts of the Consolidation Committee then the recommendation is to direct staff to obtain feedback from residents via the planned survey via Survey Monkey (now Momentive) before making the decision to continue or terminate the committee. -If the majority of the Assembly members are in favor of continuing the efforts of the Consolidation Committee then the recommendation is to amend Resolution No. FY2019-07 Section 1 which defines membership; and increase efforts to fill the vacant seats on the committee. -If the majority of the Assembly members are in favor of dissolving the Consolida tion Committee then the recommendation is to terminate the committee in accordance with KIBC 2.100.180. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #2.e. Consolidation Committee Discussion - Committee Chairs Griffin and Turner Page 32 of 38 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 30, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Reconsideration Of Resolution No. FY2021-38 Rescinding Resolution No. FY2018-21 And Documenting The Kodiak Fisheries Work Group's Scope And Authority ORIGINATOR: Borough Mayor, Bill Roberts RECOMMENDATION: DISCUSSION: January 6, 2022 Update: At the regular meeting of the assembly on June 3, 2021, Resolution No. FY2021 -38 updating the scope and authority of the Kodiak Fisheries Work Group (KFWG) failed by a six to one vote. This resolution is back before the assembly for review and adoption. The resolution modifies: Section 2 Organization to change the meeting requirements from monthly to twice each calendar year Section 3 Purpose, Scope, and Authority removing the Kodiak Fisheries Analyst/Consultant written monthly reports June 3, 2021 Discussion During the Joint Work Session on March 3, 2021 it was discussed and decided to update the resolution for the Kodiak Fisheries Work Group to remove the Fisheries Analyst/Consultant and change the meeting requirement to allow for more flexibility during fishing seasons. The City of Kodiak adopted Resolution No. 2021-11 at their regular meeting on March 25, 2021. There has been confusion as to where this direction came from. Audio from the JWS on March 3 has been transcribed for clarification of the action taken by the City and the Borough Clerk. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #2.f. Reconsideration Of Resolution No. FY2021-38 Rescinding Resolution No. FY... Page 33 of 38 ALAA4:4:.UJUJUJUJUJOJUJLA)LA)UJ[\J[\)[\J[\)[\)[\J[\)[\)[\J[\)—ni—l—>a>a>—rai—Ir—A»aU1-I50-3l\JI-*<D\DOO\]O\UI-l>-UJ[~J>-*©\OOO\lO\U1-bUJl\Jr--*©\OOO\lO\U1-I>-U0l\Jrd©\OOO\]O\U1-l>UJ[\Jl—* Introduced by:Borough Manager thru the Mayor Drafted by:Borough Manager Introduced on:06/03/2021 KODIAK ISLAND BOROUGH RESOLUTION NO.FY2021-38 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDINGTHE KODIAK FISHERIES WORK GROUP SCOPE AND AUTHORITY WHEREAS,it is in Kodiak's best interests for its City and Borough governments to be well informed regarding the potential impacts of state and federal ?shery management actions on the Kodiak community;and WHEREAS,the Kodiak City Council and the Kodiak Island Borough Assembly have determined that a Kodiak Fisheries Work Group can provide valuable assistance to the City Council and Borough Assembly by identifying ?shery management actions that could affect Kodiak. NOW,THEREFORE,BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: 1.Membership The Kodiak Fisheries Work Group (work group)shall be composed of two representatives from the Kodiak City Council and two representatives from the Kodiak Island Borough. 2.Organization The work group shall designate two co-chairs at the ?rst meeting of the calendar year and shall .The co-chairs shall alternate presiding at the meetings. 3.Purpose,Scope,and Authority a.Focus on overall impacts to the community and maintenance and growth of revenue streams. c.Frame benchmarks and objectives as positive statements.d.Refrain from taking positions on allocation questions to the extent possible whileunderstandingthatmanyissuesanddecisionswillhaveallocationimplications.e.Focus on broad-scale program features unless speci?c program elements threaten thegoalsformanagementprogramsasreferencedwithinResolutionNo.2013-10 of theKodiakIslandBorough.4.Administrative assistance Resolution No.FY2021-38Page1of2KodiakIslandBorough,Alaska m e t tleasttwiceeachcalendaryear F ai le d on:06/03/ 2021 :AGENDA ITEM #2.f.Reconsideration Of Resolution No. FY2021-38 Rescinding Resolution No. FY...Page 34 of 38 Kodiak Island Borough,Alaska The City and Borough Clerk's of?ce staff shall: a.Furnish the work group with copies of all requested documents and other information necessary or reasonably related to the work group’s functions; b.Provide the work group with supplies,meeting space,and secretarial assistance; c.Refer to the work group,for their discussion,all nonemergency matters within the scope of its powers and duties prior to presenting those matters to the council for action;and d.Transmit all recommendations and other communications from the work group to the Council and Assembly.Kodiak Fisheries Work Group will review the Kodiak Fisheries Analyst/Consultant written monthly reports including background materials and analysis for ?sheries issues of importance to the community pursuant to the contractual report schedule. .Quorum The af?rmative votes of three (3)work group members shall be required for a quorum and to build consensus of the work group. .Agenda The co-chairs shall determine items for the agenda.No business may be transacted nor any measure be considered that is not on the agenda.The clerk shall prepare an agenda and it shall be distributed to work group members,along with the meeting packet,one week prior to the regular meeting. .Meeting Recording The meeting shall be recorded and posted on the website. .Reporting Work group members who are unable to attend a meeting shall advise the staff clerk of the contemplated absence to maximize attendance and participation of members at these meetings. ATTEST:William Roberts,Mayor Alise L Rice,Borough ClerkVOTES:Ayes:ArndtNoes:Symmons,Turner,Williams,Dvorak,Kavanaugh,and Smith Resolution No.FY2021-38Page2of2 FAIL ED BTHEASSEMBLYOFTHEKODIAKISLANDBOROUGH THISTHIRDDAYOFJUNE,2021.AGENDA ITEM #2.f.Reconsideration Of Resolution No. FY2021-38 Rescinding Resolution No. FY...Page 35 of 38 3/3/2021 City-Borough Joint Work Session Kodiak Fisheries Work Group Discussion *All timestamps are based on the video, posted online by KIB. KFGW CONVERSATION: 1:06:20 – 1:18:22 1:09:30 Assembly Member Kavanaugh comments that the analyst position has been unnecessary, and its elimination would be an appropriate cost-cutting measure. 1:11:00 Council Member Whiddon agrees, regarding the analyst position. 1:15:20 Mayor Roberts suggest moving forward with no action taken, continuing the KFWG. He states his intent to field members for appointment to the work group. 1:15:50 Assembly Member Kavanaugh reminds the mayor that assembly members have already been appointed to the committee for the year. 1:17:15 Mayor Branson requests Mayor Roberts give the city time to discuss their appointments to the council outside of the joint work session. 1:17:55 Mayor Roberts states his intention to leave this up to the KFWG members and states no further action. AGENDA ITEM #2.f. Reconsideration Of Resolution No. FY2021-38 Rescinding Resolution No. FY... Page 36 of 38 Resolution No. 2021-11 Page 1 of 2 CITY OF KODIAK RESOLUTION NUMBER 2021–11 A JOINT RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK AND THE KODIAK ISLAND BOROUGH RESCINDING CITY RESOLUTION NO. 2018-02 AND DOCUMENTING THE KODIAK FISHERIES WORK GROUP’S SCOPE AND AU- THORITY WHEREAS, it is in Kodiak’s best interest for its City and Borough governments to be well informed regarding the potential impacts of state and federal fishery management actions on the Kodiak community; and WHEREAS, the Kodiak City Council and the Kodiak Island Borough Assembly have de- termined that a Kodiak Fisheries Work Group can provide valuable assistance to the City Council and Borough Assembly by identifying fishery management actions that could affect Kodiak. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kodiak, Alaska, that Resolution No. 2018-02 is hereby rescinded and the Kodiak Fisheries Work Group is re-es- tablished as follows: 1. Membership. The Kodiak Fisheries Work Group (work group) shall be composed of two rep- resentatives from the Kodiak City Council and two representatives from the Kodiak Island Borough. 2. Organization. The work group shall designate two co-chairs at the first meeting of the calen- dar year and shall meet at least twice each calendar year. The co-chairs shall alternate presiding at the meetings. 3. Purpose, Scope, and Authority. a. Focus on overall impacts to the community and maintenance and growth of revenue streams. b. Understand how various approaches will fundamentally impact fisheries and resources. c. Frame benchmarks and objectives as positive statements. d. Refrain from taking positions on allocation questions to the extent possible while under- standing that many issues and decisions will have allocation implications. e. Focus on broad-scale program features unless specific program elements threaten the goals for management programs as referenced within Resolution No. 2012–31 of the City of Kodiak. 4. Administrative assistance. The City and Borough Clerk’s office staff shall: a. Furnish the work group with copies of all requested documents and other information nec- essary or reasonably related to the work group’s functions; b. Provide the work group with supplies, meeting space, and secretarial assistance; AGENDA ITEM #2.f. Reconsideration Of Resolution No. FY2021-38 Rescinding Resolution No. FY... Page 37 of 38 Resolution No. 2021-11 Page 2 of 2 c. Refer to the work group, for their discussion, all nonemergency matters within the scope of its powers and duties prior to presenting those matters to the council for action; and d. Transmit all recommendations and other communications from the work group to the Council and Assembly. 5. Consensus/Quorum. The affirmative votes of three (3) work group members shall be required for a quorum and to build consensus of the work group. Consensus shall be given at a public meeting of the work group. Work group members may participate telephonically in meetings, provided such partici- pation is allowed by the ordinances and rules of their respective governing bodies. 6. Agenda. The co-chairs shall determine items for the agenda. No business may be transacted nor any measure be considered that is not on the agenda. The clerk shall prepare an agenda and it shall be distributed to work group members, along with the meeting packet, one week prior to the regular meeting. 7. Meeting Recording. The meeting shall be recorded and posted on the website. 8. Reporting. Work group members who are unable to attend a meeting shall advise the staff clerk of the contemplated absence to maximize attendance and participation of members at these meetings. CITY OF KODIAK MAYOR ATTEST: CITY CLERK Adopted: March 25, 2021 AGENDA ITEM #2.f. Reconsideration Of Resolution No. FY2021-38 Rescinding Resolution No. FY... Page 38 of 38 IAK ISLAND B Meeting Type: Date: Please PRINT your name legibly Please PRINT your name legibly WORK SESSION DATE 1_i O : AZ� _ �- SCOTT ARNDT ENDED ABSENT JOSEPH DELGADO EDNETTA EDNETTAEDD) ABSENT JARED GRIFFIN ATTENDED ABSENT SCOTT SMILEY (ATTENDED ABSENT GEOFFREY SMITH ATTENDED ABSENT JAMES TURNER ATTENDED ) ABSENT AIMEE WILLIAMS / ATTENDED ) ABSENT MAYOR ROBERTS/' ATTENDED :' ABSENT chi -Rg .kx,)s - V , tAe (o"So