2023-10-12 Work SessionKodiak Island Borough
Assembly Work Session
Assembly Chambers
Thursday, October 12, 2023, 6:30 p.m.
________________________________________________________________________________________
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.
Page
1.CITIZENS' COMMENTS 1-907-486-3231 or Toll Free 1-855-492-9202
(Limited To Three Minutes Per Speaker)
2.AGENDA ITEMS
a.Assembly Review Of Ordinance No. FY2024-09 Regarding Board
of Equalization Processes
Agenda Item Report - Pdf
4 - 38
b.Discussion Of The State And Federal Capital Improvement
Project Lists
Agenda Item Report - Pdf
39 - 50
3.PACKET REVIEW
a.PUBLIC HEARING
Public Hearing On The Kodiak Island Borough's
Application To Pathways To Removing Obstacles to
Housing (PRO Housing)
Ordinance No. FY2024-06 Amending the Kodiak Island
Borough Personnel Rules and Regulations
Ordinance No. FY2024-07 Reestablishing Boards,
Committees, And Commissions As Established In The
Kodiak Island Borough Code Of Ordinances Title 2
Administration And Personnel Chapter 2.100 Boards,
Committees, And Commissions
CONTRACTS
Contract No. FY2024-21 Approving An Updated Fire
Protection Agreement Between Kodiak Island Borough
Airport Protection District and the Womens Bay Fire
Protection District
RESOLUTIONS
Resolution No. FY2024-09 Ratifying And Certifying The
Page 1 of 55
Results Of The October 3, 2023, Regular Municipal
Election
ORDINANCES FOR INTRODUCTION
Ordinance No. FY2024-09 Amending Kodiak Island
Borough Code Title 3 Revenue and Finance, Chapter 3.35
Real Property Tax, Section 3.35.030 Real and Personal
Property Exempted from Taxation and 3.35.050 and
3.35.055 Regarding Board of Equalization
Ordinance No. FY2024-10, An Ordinance Of The
Assembly Of The Kodiak Island Borough Rezoning Lot 1 &
Lot 2 Isthmus Point, USS 4935, Lot 1a, Isthmus Bay, Lot
2a, Isthmus Bay, From C-Conservation District To RNC-
Rural Neighborhood Commercial District And Lot 12,
Brookers Lagoon, From RR1-Rural Residential One
District to RNC-Rural Neighborhood Commercial District
(P&Z Case 24-002
OTHER ITEMS
Administration Of Oath Of Office To Newly Elected
Officials
Presentations To Outgoing Assembly Members Delgado
And Smith
Confirmation Of Assembly Appointment To The Womens
Bay Service Area Board Of Mr. Travis Cooper
4.MANAGER’S COMMENTS
a.Borough Manager's Report
2023-10-12 Borough Manager's Report
51 - 55
5.CLERK'S COMMENTS
6.ASSEMBLY MEMBERS’ COMMENTS
7.MAYOR'S COMMENTS
8.OFFICIAL TRAVEL CALENDAR
December 4, Newly Elected Officials Training
December 5, Alaska Conference of Mayors
December 6-8, AML 73rd Annual Conference, Anchorage
Page 2 of 55
_________________________________________________________________________
This meeting is open to the public and will be broadcast on the Borough's YouTube Channel. Meeting packets are available
online. Please subscribe to get meeting notifications when meeting packets are published. For public comments, please call
(907) 486-3231 or (855) 492-9202.
Page 3 of 55
KODIAK ISLAND BOROUGH
STAFF REPORT
OCTOBER 12, 2023
ASSEMBLY WORK SESSION
Kodiak Island Borough
SUBJECT: Assembly Review Of Ordinance No. FY2024-09 Regarding Board of
Equalization Processes
ORIGINATOR: Seema Garoutte, Assessor
RECOMMENDATION:
This is Assembly review in preparation for the introduction of this Ordinance on October 19.
DISCUSSION:
A recent Superior Court decision ruled that Alaska Statutes 29.45.200 provides the right
to appeal the Borough Assessor’s determination of exemption status to either the
superior court or the Board of Equalization, and that a local ordinance cannot preclud e
the right to appeal to the Board of Equalization granted in the statutes. Currently, KIBC
3.35.050. Board of Equalization, 3, Duties (see below) only allows the BOE to consider
errors in valuation on properties.
KIBC 3.35.050, Board of Equalization
3. Duties. The board may determine equalizations on properties brought before the
board by appellants. It shall only hear appeals for relief from an alleged error in
valuation on properties before the board by an appellant.
This ordinance will grant the Assembly to act as the BOE for all exemption appeals. KIB
will then comply with AS29.45.200. The new ordinance will give the property owner the
choice of going to the Assembly as BOE or directly to superior court.
Additionally, the "formal review" wording found in KIBC 3.35.050 G2 will be changed to
"reconsideration" to insure that all parties, including the court system, understand that
the Assessor is not acting in an appeal capacity. A reconsideration can be asked for by
the property owner prior to an appeal.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 4 of 55
Ordinance No. FY2024-09 Page 1 of 10
KODIAK ISLAND BOROUGH 1
ORDINANCE NO. FY2024-09 2
3
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 4
KODIAK ISLAND BOROUGH CODE TITLE 3 REVENUE AND FINANCE, CHAPTER 3.35 5
REAL PROPERTY TAX, SECTION 3.35.030 REAL AND PERSONAL PROPERTY EXEMPTED 6
FROM TAXATION AND 3.35.050 and 3.35.055 REGARDING BOARD OF EQUALIZATION 7
8
WHEREAS, Kodiak Island Borough Code 3.35.030 regarding Real and Personal Property 9
Exempted from Taxation currently provides for the Borough Assessor’s determination of 10
exemption status to be appealed directly to the superior court; and 11
12
WHEREAS, a recent Superior Court decision ruled that Alaska Statutes 29.45.200 provides the 13
right to appeal the Borough Assessor’s determination of exemption status to either the superior 14
court or the Board of Equalization, and that a local ordinance cannot preclude the right to appeal 15
to the Board of Equalization granted in the statutes; and 16
17
WHEREAS, AS 29.45.200 provides that the governing body sits as the Board of Equalization 18
to hear appeals from a determination of the assessor, and permits the governing body to delegate 19
that role to one or more boards; and 20
21
WHEREAS, the Assembly desires to designate the Assembly as the Board of Equalization for 22
appeals from the Borough Assessor’s determination of exemption status, leaving the appointed 23
Board of Equalization as the body to hear appeals from the Borough Assessor’s determination of 24
valuation. 25
26
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27
BOROUGH that: 28
29
Section 1: This ordinance is of a general and permanent nature and shall become a part of the 30
Kodiak Island Borough Code of Ordinances. 31
32
Section 2: That section 3.35.030 of the Kodiak Island Borough Code of Ordinances is amended 33
to read as follows: 34
35
3.35.030 Real and personal property exempted from taxation. 36
…. 37
G. Administrative Review and Appeal for All Exemptions Except Community Purpose. 38
1. If the assessor, after review of the application for exemption, determines that the property does 39
not qualify for the exemption, the assessor will notify the applicant in writing denying the 40
exemption and providing the reasons for the assessor’s decision. 41
2. The owner of record may, within 30 days of the date of distribution of the notice under 42
(G)(1) of this section, either request a formal review meeting with reconsideration by the 43
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 5 of 55
Ordinance No. FY2024-09 Page 2 of 10
assessor within 30 days of the date of the assessor’s letter denying the exemption under this 44
subsection (G)(2) or appeal the determination under subsection H. 45
a. The assessor will notify the owner of record with the date of the meeting. 46
b. The owner of record may present additional documentation and other evidence supporting 47
their claim of exemption with their request for reconsideration at the review meeting for 48
consideration by the assessor. 49
c. b. Upon receipt of a timely request for reconsideration, the The assessor shall grant or 50
deny the reconsideration. If reconsideration is granted, the assessor shall issue a new 51
written final decision providing the reasons for the assessor’s determination. within 30 52
days of the meeting, will issue a letter with their final determination. 53
c. A timely request for reconsideration suspends the time for appeal, and a new 30-54
day time limit for appeals under subsection H shall begin from the date of distribution of 55
the assessor’s decision on the reconsideration request. 56
d. The assessor’s final determination after a review meeting is a final administrative decision on 57
the exemption and can be appealed as provided in subsection H of this section. 58
3. Community purpose exemptions are reviewed in accordance with subsection (I)(7) of this 59
section. 60
H. Judicial Review of the Assessor’s Denial of an Exemption uUnder AS 29.45.030. 61
1. Having exhausted the administrative review, After an assessor’s determination denying 62
an exemption application in whole or in part, only the owner of record may appeal a decision 63
by the assessor to deny an exemption under this section. , and must An appeal may be made 64
either to the Assembly, sitting as a Board of Equalization under KIBC 3.35.055,(A)-(E) or to 65
the Superior Court, Third Judicial District, State of Alaska, in accordance with Alaska Rule of 66
Appellate Procedure 602 and AS29.45.200(c). 67
2. An appeal of the assessor’s denial of an application for exemption under this code must be 68
filed within 30 days of date of distribution of the assessor’s determination under (G)(1) or 69
(G)(2) of this section denial. 70
3. For purposes of computing time, the date that the assessor’s written denial was mailed shall 71
be deemed the date of the denial. 72
73
Section 3: That section 3.35.050 Board of Equalization -Valuation Appeals of the Kodiak Island 74
Borough Code of Ordinances is amended to read as follows: 75
A. Membership – Qualification – Duties – Terms. 76
1. Members. The board of equalization for hearing valuation appeals shall be composed of five 77
persons, not assembly members, appointed by the assembly. At least two alternate members 78
shall be appointed. 79
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 6 of 55
Ordinance No. FY2024-09 Page 3 of 10
2. Qualifications. Members and alternate members should be appointed on the basis of their 80
expertise in real and personal property appraisal, the real estate market, the personal property 81
market, and other fields related to their functions as board members. Each member shall be a 82
qualified voter of the borough and shall remain a resident of the borough while in office. Borough 83
employees may be appointed to serve on the board of equalization unless they are employed by 84
the finance or assessing departments. 85
3. Duties. The board may determine equalizations on properties brought before the board by 86
appellants. It shall only hear appeals for relief from an alleged error in valuation on properties 87
before the board by an appellant. 88
4. Terms of Office. Upon confirmation, members and alternate members shall serve for three 89
years or until their successors are appointed and confirmed. Of the members initially appointed, 90
two shall serve three-year terms, two shall serve two-year terms, and one shall serve a one-year 91
term. 92
5. Hearing Dates. The board shall commence hearings on the first Monday in May, unless 93
otherwise changed by resolution. Hearings will continue from day to day as established by the 94
board and the borough clerk until all properly filed appeals have been heard. 95
B. Chairperson. The board annually shall elect a member to serve as its chairperson. The 96
chairperson may call meetings of the board, shall exercise such control over meetings as to 97
ensure the fair and orderly resolution of appeals, shall make rulings on the admissibility of 98
evidence, and shall conduct the proceedings of the board in conformity with this chapter. A vice-99
chairperson shall also be selected to serve in the chairperson’s absence. If both are absent, the 100
members present shall select a person to preside. 101
C. Appeals to the Board. 102
1. A person whose name appears on the assessment roll, or the authorized representative of 103
that person, may appeal to the board for relief for an alleged error in valuation not adjusted by the 104
assessor to the taxpayer’s satisfaction. The authorized representative shall be named by the 105
property owner in writing to the assessor and board of equalization at the time of filing or no later 106
than three days in advance of hearing. The time requirement for providing a representative in 107
writing may be waived at the determination of the board during the hearing if good cause is shown 108
that may include, but not limited to, the following: stranded from Kodiak due to inclement weather, 109
serious medical condition, serious family emergency, or death in the family. 110
2. The appellant shall, within 30 calendar days after the date of mailing of notice of assessment, 111
submit to the assessor a written appeal specifying grounds for such appeal. The board shall 112
prescribe the form in which written notices of appeal shall be made. Otherwise, the right of appeal 113
ceases unless the board of equalization finds that the taxpayer was unable to comply within the 114
30-day appeal period and grants a hearing to the appellant. 115
3. The assessor shall notify the appellant by mail, and email if provided, of the time and place for 116
the hearing and assign a docket number of appeal. 117
4. If parties to whom notice was mailed as provided herein fail to appear, the board may proceed 118
with the hearing in their absence. All parties, their authorized representatives, and witnesses must 119
appear in person at the hearing. 120
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 7 of 55
Ordinance No. FY2024-09 Page 4 of 10
5. The assessor shall prepare for use by the board of equalization a summary of assessment 121
data relating to each assessment that is appealed. This summary shall be provided to the board 122
and made available to the appellant at least 10 calendar days before the hearing. Summary of 123
assessment data for late-filed appeals granted by the board will be provided as soon as 124
practicable. 125
6. A city in the borough may appeal an assessment to the borough board of equalization in the 126
same manner as a taxpayer. Within five days after receipt of the appeal, the assessor shall notify 127
the person whose property assessment is being appealed by the city. 128
7. A property owner who seeks to appeal the assessor’s valuation, after the 30-day filing period 129
has closed, shall file a letter with the assessor stating the reasons why the property owner was 130
unable to comply with the 30-day appeal period. The deadline to file a late-file request is on April 131
15th of the current assessment year. Should April 15th fall on a Saturday or Sunday, late filers 132
shall have until 4:30 p.m. on the first Monday following to file their request. 133
On the next business day following the deadline to file a late-file request or as soon as is 134
practicable, the board shall consider each letter and shall only consider reasons the appellant 135
was unable to comply with the 30-day appeal period. It shall not consider evidence regarding 136
property valuation. The appellant may not make an oral presentation at the hearing. The 137
determination shall be based on the letter and supporting documents. The board shall interpret 138
the term “unable to comply” as meaning that a property owner must demonstrate compelling 139
reasons or circumstances which would prevent a reasonable person under the circumstances 140
from filing an appeal in a timely manner during the 30-day appeal period. 141
If the late-file request is granted, the property owner shall have five calendar days from the 142
decision of the board to file an appeal and submit to the assessor’s office all documentary 143
evidence in their possession which they wish to be considered and which is relevant to the 144
resolution of the appeal. If the late-file request is denied, the assessor shall notify the property 145
owner of the board’s decision in writing. 146
D. Quorum and Voting. 147
1. Quorum. A quorum shall consist of four members. 148
2. Voting. The granting of any appeal or part thereof shall require the concurring vote of at least 149
three board members. Any appeal or part thereof which is not granted by the board shall be 150
considered denied. 151
E. Hearings – Procedures. 152
1. Record. The clerk is the ex officio clerk of the board and shall prepare the board’s minutes. 153
The clerk shall keep electronic recordings of the board’s hearings per the borough retention 154
schedule. The board of equalization summary certification will constitute the board’s minutes. 155
2. Counsel. All parties may be represented by counsel during hearings before the board. On 156
procedural matters, the borough attorney may offer legal counsel to the board in the course of its 157
proceedings. Upon the recommendation of the borough attorney, the board may retain legal 158
counsel from another attorney for a particular matter. 159
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 8 of 55
Ordinance No. FY2024-09 Page 5 of 10
3. Appeal Number. Every appeal shall be assigned an appeal number which, along with the name 160
of the appellant, shall be read into the record before hearings on the appeal may commence. 161
4. Burden of Proof. The burden of proof rests with the appellant, who must convince the board 162
by clear and convincing evidence that the assessment was unequal, excessive, improper, or 163
undervalued based on the facts stated in a written appeal or proven at the appeal hearing in 164
accordance with subsections (E)(5) and (7) of this section. If the valuation is found to be too low, 165
the board may raise the assessment. The borough shall make available to the appellant all 166
reasonably pertinent documents requested for presentation of the appeal, including but not limited 167
to documents presented or requested by the board of equalization for presentation of the appeal 168
in accordance with subsection (C)(5) of this section. 169
5. Rules of Evidence. Evidence shall only be presented by the appellant and the assessor or their 170
authorized representative. The board shall not be restricted by the formal rules of evidence; 171
however, the chairperson may exclude evidence irrelevant to the issues appealed. Hearsay 172
evidence may be considered, provided there are adequate guarantees of its trustworthiness and 173
that it is more probative on the point for which it is offered than any other evidence which the 174
proponent can procure by reasonable efforts. The appellant must submit to the assessor’s office 175
by April 15th all documentary evidence in their possession which they wish to be considered and 176
which is relevant to the resolution of the appeal. Should April 15th fall on a Saturday or Sunday, 177
appellants shall have until 4:30 p.m. on the first Monday following to submit their evidence. 178
This evidence includes but is not limited to purchase and closing documents, appraisal reports, 179
brokers’ opinion of value, engineers’ reports, estimates to repair, rent rolls, leases, and income 180
and expense information. The board of equalization may in its discretion decline to accept 181
documents offered at the hearing which should have been provided by April 15th. In exercising 182
this discretion, the board shall consider the relevance and probative value of the documents which 183
are under consideration, accepting those documents which in all fairness are necessary to a fair 184
resolution of the appeal. Prior to the board meeting, the appellant and assessor may agree to an 185
extension of time for the production of evidence. 186
6. Order of Presentation. The order of presentation is as follows: 187
a. The appellant shall present evidence and argument not to exceed five minutes. 188
b. Following the appellant, the assessor shall present the borough’s evidence and argument not 189
to exceed five minutes. 190
c. The appellant may make a rebuttal presentation directed solely to the issues raised by the 191
assessor not to exceed two minutes. 192
d. The assessor may address the rebuttal by the appellant not to exceed two minutes. 193
Each party shall be allowed a total of five minutes to present evidence and make oral argument. 194
The time limits allotted include presentations from either the appellant’s or assessor’s authorized 195
representatives, counsels, or witnesses. Additional time may be permitted by the board depending 196
on the complexity of the case. The members of the board may ask questions, through the 197
chairperson, of either the appellant or the assessor, authorized representatives, counsels, or 198
witnesses at any time during the hearing. After both the appellant and the assessor have made 199
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 9 of 55
Ordinance No. FY2024-09 Page 6 of 10
their presentations, each may question the other through the chairperson. The chairperson may 200
end the questioning and call for a motion from the other members. 201
7. Witnesses, Exhibits and Other Evidence. The appellant and the assessor may offer the oral 202
testimony of witnesses and documentary evidence during the hearing. At the request of the 203
appellant, evidence submitted pursuant to subsection (E)(5) of this section relating to the 204
assessed valuation of property used in an income-producing commercial enterprise shall be 205
confidential. The assessor and the appellant may stipulate to facts to be presented to the board, 206
provided the assessor has received credible and reliable evidence to establish the facts. 207
The only exhibits that shall be admitted into the record at the hearing are those exhibits provided 208
pursuant to subsection (E)(5) of this section. However, at the hearing, parties may use 209
demonstrative or illustrative exhibits; provided, that all such exhibits are duplicates of exhibits or 210
information provided to the board pursuant to subsection (E)(5) of this section. Additionally, 211
witnesses may write on a board while orally testifying to illustrate their testimony. The limitation 212
on the use of exhibits in this section shall not preclude the parties from presenting oral testimony 213
at the hearing. 214
8. Decisions. 215
a. The assessor may recommend changes to the existing value during the hearing. 216
b. After the appellant and assessor have presented their cases, the hearing shall be closed by 217
the chairperson, and no further evidence shall be offered or considered in deliberations unless a 218
member of the board of equalization asks for additional information from either party. Both parties 219
shall be given an equal opportunity to respond to any such requests for additional information. 220
c. The board may decide the appeal after the presentations, or it may defer a decision no later 221
than 30 days after the hearing date. Final board action shall be taken by motions that set out 222
specific findings of fact at the meeting and shall not be reconsidered, amended, or rescinded by 223
the board. Only one motion may be on the floor at a time, and the board shall vote on the motions 224
until its findings are established. The vote must be taken and entered in the permanent record of 225
the proceedings. The motions available for the board are: 226
i. Motion to uphold the assessor’s valuation. 227
ii. Motion to reduce the assessment. 228
iii. Motion to increase the assessment. 229
iv. Motion to dismiss the appeal. 230
v. Motion to defer the decision. 231
vi. Or any other motion set out in Alaska Statutes and regulations governing board of equalization 232
appeals. 233
d. No later than 30 days following the hearing, the board shall render a written decision which 234
includes findings of fact based on evidence presented at the hearing clearly stating the grounds 235
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 10 of 55
Ordinance No. FY2024-09 Page 7 of 10
upon which the panel relied to reach its decision and advising all parties of their right to appeal 236
the decision to superior court. 237
9. Certification. The board shall certify its actions to the assessor within seven days following its 238
adjournment. 239
F. Further Appeals. Any appeal of a decision of the board of equalization on a valuation appeal 240
shall be made to the Superior Court, Third Judicial District, State of Alaska. No appeal of a board’s 241
decision to the superior court may be taken unless the action is filed, and the borough attorney is 242
served with notice of such appeal within 30 days following the board’s written decision. 243
244
3.35.055 Board of Equalization-Exemption Appeals 245
A. The board of equalization for hearing appeals from the assessor’s denial of exemptions 246
shall be the Assembly sitting as a board of equalization. 247
B. Exemption appeals to the Board of Equalization 248
1. A person whose name appears on the assessment roll, or the authorized representative 249
of that person, may appeal to the board from the assessor’s determination denying an 250
exemption under KIBC 3.30.030(G). The authorized representative shall be named by the 251
property owner in writing to the assessor and board of equalization at the time of filing or 252
no later than three days in advance of hearing. The time requirement for providing a 253
representative in writing may be waived at the determination of the board during the 254
hearing if good cause is shown that may include, but not limited to, the following: stranded 255
from Kodiak due to inclement weather, serious medical condition, serious family 256
emergency, or death in the family. 257
2. The appellant shall, within 30 calendar days after the date of mailing of assessor’s 258
determination, submit to the assessor a written appeal specifying grounds for such appeal. 259
The board shall prescribe the form in which written notices of appeal shall be made. 260
3. The assessor shall notify the appellant by mail, and email if provided, of the time and 261
place for the hearing and assign a number for the appeal. 262
4. If parties to whom notice was mailed as provided herein fail to appear, the board may 263
proceed with the hearing in their absence. All parties, their authorized representatives, and 264
witnesses must appear in person at the hearing. 265
5. The assessor shall prepare for use by the board of equalization a summary of 266
assessment and exemption data relating to each property exemption that is appealed. This 267
summary shall be provided to the board and made available to the appellant at least 10 268
calendar days before the hearing. 269
C. Quorum and Voting for the Assembly siting as a board of equalization. 270
1. Quorum. A quorum shall consist of four members. 271
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 11 of 55
Ordinance No. FY2024-09 Page 8 of 10
2. Voting. The granting of any appeal or part thereof shall require the concurring vote of 272
at least four board members. Any appeal or part thereof which is not granted by the board 273
shall be considered denied. 274
D. Hearings – Procedures for the Assembly sitting as a board of equalization. 275
1. Record. The clerk is the ex officio clerk of the board and shall prepare the board’s 276
minutes. The clerk shall keep electronic recordings of the board’s hearings per the 277
borough retention schedule. The board of equalization summary certification will 278
constitute the board’s minutes. 279
2. Counsel. All parties may be represented by counsel during hearings before the board. 280
On procedural matters, the borough attorney may offer legal counsel to the board in the 281
course of its proceedings. Upon the recommendation of the borough attorney, the board 282
may retain legal counsel from another attorney for a particular matter. 283
3. Appeal Number. Every appeal shall be assigned an appeal number which, along with 284
the name of the appellant, shall be read into the record before hearings on the appeal may 285
commence. 286
4. Burden of Proof. The burden of proof rests with the appellant. 287
5. Rules of Evidence. Evidence shall only be presented by the appellant and the assessor 288
or their authorized representative. The board shall not be restricted by the formal rules of 289
evidence; however, the chairperson may exclude evidence irrelevant to the issues 290
appealed. Hearsay evidence may be considered, provided there are adequate guarantees 291
of its trustworthiness and that it is more probative on the point for which it is offered than 292
any other evidence which the proponent can procure by reasonable efforts. The appellant 293
must submit to the assessor’s office, within ten (10) days of filing their request for appeal, 294
all documentary evidence in their possession which they wish to be considered and which 295
is relevant to the resolution of the appeal. 296
The board of equalization may in its discretion decline to accept documents offered at the 297
hearing which should have been provided by the deadline in this subsection. In exercising 298
this discretion, the board shall consider the relevance and probative value of the 299
documents which are under consideration, accepting those documents which in all 300
fairness are necessary to a fair resolution of the appeal. Prior to the board meeting, the 301
appellant and assessor may agree to an extension of time for the production of evidence. 302
6. Order of Presentation. The order of presentation is as follows: 303
a. The appellant shall present evidence and argument not to exceed five minutes. 304
b. Following the appellant, the assessor shall present the borough’s evidence and 305
argument not to exceed five minutes. 306
c. The appellant may make a rebuttal presentation directed solely to the issues raised by 307
the assessor not to exceed two minutes. 308
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 12 of 55
Ordinance No. FY2024-09 Page 9 of 10
d. The assessor may address the rebuttal by the appellant not to exceed two minutes. 309
Each party shall be allowed a total of five minutes to present evidence and make oral 310
argument. The time limits allotted include presentations from either the appellant’s or 311
assessor’s authorized representatives, counsels, or witnesses. Additional time may be 312
permitted by the board depending on the complexity of the case. The members of the board 313
may ask questions, through the chairperson, of either the appellant or the assessor, 314
authorized representatives, counsels, or witnesses at any time during the hearing. After 315
both the appellant and the assessor have made their presentations, each may question the 316
other through the chairperson. The chairperson may end the questioning and call for a 317
motion from the other members. 318
7. Witnesses, Exhibits and Other Evidence. The appellant and the assessor may offer the 319
oral testimony of witnesses and documentary evidence during the hearing. At the request 320
of the appellant, evidence submitted pursuant to subsection (D)(5) of this section relating 321
proprietary financial records, shall be confidential. The assessor and the appellant may 322
stipulate to facts to be presented to the board, provided the assessor has received credible 323
and reliable evidence to establish the facts. 324
The only exhibits that shall be admitted into the record at the hearing are those exhibits 325
provided pursuant to subsection (D)(5) of this section. However, at the hearing, parties 326
may use demonstrative or illustrative exhibits; provided, that all such exhibits are 327
duplicates of exhibits or information provided to the board pursuant to subsection (D)(5) of 328
this section. Additionally, witnesses may write on a board while orally testifying to 329
illustrate their testimony. The limitation on the use of exhibits in this section shall not 330
preclude the parties from presenting oral testimony at the hearing. 331
8. Decisions. 332
a. The assessor may recommend changes to the assessor’s determination during the 333
hearing. 334
b. After the appellant and assessor have presented their cases, the hearing shall be closed 335
by the chairperson, and no further evidence shall be offered or considered in deliberations 336
unless a member of the board of equalization asks for additional information from either 337
party. Both parties shall be given an equal opportunity to respond to any such requests 338
for additional information. 339
c. The board may decide the appeal after the presentations, or it may defer a decision no 340
later than 30 days after the hearing date. Final board action shall be taken by motions that 341
set out specific findings of fact at the meeting and shall not be reconsidered, amended, or 342
rescinded by the board. Only one motion may be on the floor at a time, and the board shall 343
vote on the motions until its findings are established. The vote must be taken and entered 344
in the permanent record of the proceedings. The motions available for the board are: 345
i. Motion to uphold the assessor’s determination. 346
ii. Motion to reverse the assessor’s determination. 347
iii. Motion to modify the assessor’s determination. 348
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 13 of 55
Ordinance No. FY2024-09 Page 10 of 10
iv. Motion to dismiss the appeal. 349
v. Motion to defer the decision. 350
vi. Or any other motion set out in Alaska Statutes and regulations governing board of 351
equalization appeals. 352
d. No later than 30 days following the hearing, the board shall render a written decision 353
which includes findings of fact based on evidence presented at the hearing clearly stating 354
the grounds upon which the panel relied to reach its decision and advising all parties of 355
their right to appeal the decision to superior court. 356
F. E. Further Appeals. Any appeal of a decision of the board assembly sitting as the board of 357
equalization on an exemption appeal shall be made to the Superior Court, Third Judicial 358
District, State of Alaska. No appeal of a board’s decision to the superior court may be taken unless 359
the action is filed, and the borough attorney is served with notice of such appeal within 30 days 360
following the board’s written decision. 361
Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 362
ordinance takes effect upon adoption or at a later date specified in the ordinance.) 363
364
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 365
THIS _____ DAY OF_________________, 2023 366
367
KODIAK ISLAND BOROUGH 368
369
ATTEST: 370
___________________________ 371
Scott Arndt, Borough Mayor ______________________________ 372
Nova M. Javier, MMC, Borough Clerk 373
374
375
Introduced by: Mayor and Assembly 376
First reading: 377
Second reading/public hearing: 378
379
VOTES: 380
Ayes: 381
Noes: 382
383
384
385
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 14 of 55
3.35.010
3.35.020
3.35.030
3.35.040
3.35.045
3.35.050
3.35.060
3.35.070
3.35.080
3.35.085
3.35.090
3.35.100
3.35.110
3.35.120
3.35.130
3.35.140
3.35.150
3.35.160
3.35.170
3.35.180
3.35.190
3.35.200
3.35.210
3.35.220
3.35.230
3.35.240
3.35.250
3.35.260
Chapter 3.35
REAL PROPERTY TAX
Sections:
State law adopted.
Property subject to tax.
Real and personal property exempted from taxation.
Method of assessment.
Tax adjustments on property affected by a disaster.
Board of equalization.
Final and supplemental assessment rolls.
Addresses – Responsibility of persons subject to taxation.
Repealed.
Method of determining the assessed value of property that qualifies for a low-
income housing tax credit under 26 USC 42.
Property tax billing.
Correction of errors.
City taxes.
Tax due dates and delinquency.
Exceptions.
Late payments – Penalty and interest.
Enforcement of tax liens on real property.
Foreclosure.
Repealed.
Repealed.
Repealed.
Repealed.
Repealed.
Repealed.
Repealed.
Repealed.
Repealed.
Repealed.
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 1 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 15 of 55
3.35.010 State law adopted.
The laws of the state of Alaska relating to the assessment and levy of taxes upon real and personal property within
the boundaries of first- and second-class boroughs and first-class cities are expressly incorporated in this chapter
as if set forth in full herein. [Prior code Ch. 3 subch. 1 §1. Formerly §3.20.010].
3.35.020 Property subject to tax.
A. All real and personal property situated within the borough that is not exempt under the laws of the state of
Alaska, the Alaska Constitution, or the ordinances of this borough is subject to taxation at a rate not to exceed
three percent of its full and true value in money as assessed on the first day of January of the assessment year.
1. There is no limitation on taxes to pay bonds.
B. A private leasehold, contract, preferential use agreement, or other interest in any real or personal property
that is exempt from taxation pursuant to state or federal law, or for any other reason, remains taxable to the
extent of the private interest (AS 29.45.030(A)).
C. The following definitions shall apply to this section unless otherwise expressly indicated:
1. “Personal property” includes all property, whether corporeal or incorporeal, that is not specifically
included in this section’s definition of “real property,” and includes mobile homes, trailers, house trailers,
trailer coaches, and camper trailers, so long as they are not attached to the land or connected to water, gas,
electric, or sewage facilities, and are not registered with the State of Alaska Department of Motor Vehicles as
rolling stock.
2. “Real property” includes not only the land itself, whether laid out in lots or otherwise, but also all
buildings, structures, improvements, fixtures of any kind thereon, and also any possessory rights and
privileges belonging to or in any way appertaining thereto. The word “tract” includes all lands, pieces, or
parcels of land which may be separately assessed, together with fixtures and improvements thereon. “Real
property” also includes mobile homes, trailers, house trailers, double-wide-type mobile or modular homes,
trailer coaches and similar property, which are used or intended to be used for residential, office, or
commercial purposes, and are attached to the land or connected to water, gas, electric, or sewage facilities,
except for those mobile homes and house trailers which are held for sale by persons engaged in the business
of selling mobile homes.
3. “Mobile homes,” more specifically classified as “manufactured housing,” are all forms of prefabricated
housing that is largely assembled in factories and then transported to sites of use. The definition of the term
in the United States is regulated by federal law (Code of Federal Regulations, 24 CFR 3280), paraphrased here:
Manufactured homes are built as dwelling units of at least 320 square feet (30 m2) in size with a permanent
chassis to assure the initial and continued transportability of the home. The requirement to have a wheeled
chassis permanently attached differentiates “manufactured housing” from other types of prefabricated
homes, such as modular homes. For purposes of this code a mobile home or manufactured home is a
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 2 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 16 of 55
dwelling structure built on a steel chassis and fitted with wheels that is intended to be hauled to a usually
permanent site. [Ord. FY2015-10 §3, 2015; Ord. FY2014-10 §3, 2014; Ord. 84-16-O §1, 1984; prior code Ch. 3
subch. 1 §2. Formerly §3.20.020].
3.35.030 Real and personal property exempted from taxation.
A. The following described properties shall be exempt from any and all taxation otherwise imposed under the
foregoing sections:
1. All real and personal property belonging to the United States of America, the state of Alaska, the
borough, the city of Kodiak, or any other incorporated city lying and being within the boundaries of the
borough, and except for property acquired through foreclosure or by deed in lieu of foreclosure. However, a
private leasehold interest in otherwise exempt properties that is created by lease, loan, contract, preferential
use agreement or otherwise, and is made available to and used by a private person or private enterprise,
shall be taxable to the extent of that interest pursuant to AS 29.45.030(a)(1)(A) and KIBC 3.35.020.
2. Real property or an interest in real property that is exempt from taxation under 43 U.S.C. 1620(d)
(ANCSA).
3. All property used exclusively for nonprofit religious, charitable, cemetery, hospital, or educational
purposes is exempt from taxation for the calendar year in which application is timely filed if the assessor
determines that the application demonstrates the property qualifies for exemption as provided by AS
29.45.030. Property used exclusively for religious purposes means that property described in AS 29.45.030(b).
Property described in this section from which income is derived is exempt only if that income is solely from
the use of the property by nonprofit religious, charitable, hospital, or educational groups. If used by nonprofit
educational groups, the property is exempt only if used exclusively for classroom space. Unimproved or
vacant real property of any such organization which is not currently used for religious, hospital, educational,
cemetery, or charitable purposes shall be deemed to be property held or used for profit, unless by deed
restriction or otherwise the real property has been effectually dedicated to future use for religious,
educational, or charitable purposes only and cannot be sold or used for any other purposes. Any vacant land
which initially qualifies for an exemption under this section, and for which an application is filed, but is not
placed in use within two years of January 1st of the first tax year, shall be subject to taxation in each tax year,
retroactive to the first tax year for which the exemption was granted.
a. To qualify for an exemption under this subsection (A)(3), the applicant organization shall provide the
following information to the assessor or designee to support a determination of exempt status:
i. The articles of incorporation.
ii. Documentation to support the organization’s not-for-profit status (e.g., IRS Section 501(c)(3)
determination letter, or equivalent).
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 3 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 17 of 55
iii. A description of the property’s use, demonstrating its consistency with the requested
exemption.
iv. Contracts of any type that describe or memorialize the use of the property by a person or
entity other than the applicant organization.
v. A description of any remuneration received by the applicant organization including:
(A) Any property, or portion of property, from which rentals or income are derived.
(B) Actual operating expenses, excluding debt service or depreciation.
(C) Where property is leased by the organization to other entities, financial statements for the
past tax year, including income and expense reports, and a description of any debt service or
depreciation reported in the financial statements for the property.
vi. For property used for an educational purpose, a description of course curriculum and
classroom space.
vii. For property used as a religious residence, a description of the resident’s ordination,
commission, or license (according to the standards of the religious organization), and proof of the
resident’s employment by the religious organization as its spiritual leader.
b. The borough assessor may request additional information prior to making a determination, as
reasonably necessary, to determine the exempt status of a property in accordance with borough code
and regulations and state law.
4. Any vacant land which initially qualifies for an exemption under this section, but which is not placed in
use within two years from January 1st of the first tax year, for which an application is filed, shall be subject to
taxation in each tax year, retroactive to the first tax year for which the exemption was granted.
a. No single organization shall receive more than two exempt vacant parcels, and the exemption for
any one parcel shall not exceed the average assessed value of a single, similarly zoned property, as
determined by the assessor on an annual basis.
5. The property of any organization which is not organized for business purposes and whose membership
is composed entirely of veterans of any wars of the United States, as recognized and chartered by the
Congress of the United States, and the property of the auxiliary of any such organization. Property of any
such veteran’s organization or auxiliary from which the organization derives any rentals or profits shall not be
exempt.
6. As described in AS 29.45.030(e), the first $150,000 of assessed value of the real property owned and
occupied as the primary residence and permanent place of abode by:
a. A resident 65 years of age or older;
b. A disabled veteran; or
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 4 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 18 of 55
c. A resident at least 60 years old who is the widow or widower of a person who has previously
qualified for an exemption for the same residence under subsection (A)(6)(a) or (b) of this section, and
who jointly owned or occupied the residence with the requestor.
7. Definitions. For purposes of subsection (A)(6) of this section only, the following words are defined as:
“Disabled veteran” shall mean a disabled person separated from the military service of the United States
under a condition that is not dishonorable who is a resident of the state, whose disability was incurred or
aggravated in the line of duty in the military service of the United States, and whose disability has been rated
as 50 percent or more by the branch of service in which that person served or by the United States
Department of Veterans Affairs.
“Primary residence and permanent place of abode” shall mean a dwelling which is owned by and in which the
person resides at least 185 days in the year prior to the exemption year and, when absent, the dwelling is not
leased or rented to another.
“Resident” shall mean a person who has a fixed habitation in the Kodiak Island Borough for at least 185 days
per calendar year, and when absent, intends to return to the borough and does not claim residency outside
the borough or claim a resident exemption in another state or country, or other borough of Alaska or take
action or is absent under circumstances inconsistent with the intent to remain and make a home indefinitely
in the borough.
“Widow or widower” shall mean the surviving un-remarried spouse.
B. To be eligible for any exemption set forth in AS 29.45.030(e), the individual applying for the exemption must
also meet at least one of the two following requirements:
1. The individual shall be eligible for a permanent fund dividend under AS 43.23.005 for the year for which
an exemption is requested; or
2. If the individual has not applied or does not apply for the permanent fund dividend, the individual would
have been eligible for the permanent fund dividend for that same year had the individual applied. To meet
this requirement, the applicant must provide adequate documentation to the assessor that they meet this
qualification based on the requirements of AS 43.23.005.
C. Only one exemption may be granted for the same property. If two or more persons are eligible for an
exemption under this subsection in regard to the same property, then the parties shall decide between or among
themselves who is to receive the benefit of the exemption.
D. In the event that a claimant fails to apply for a senior exemption as provided by AS 29.45.030(e) by January
15th of the assessment year for which the exemption is sought, the borough assembly for good cause shown may
waive the claimant’s failure to make timely application for the exemption for that year and if the assembly finds
good cause for the failure to make a timely filing the borough assessor shall accept the application, as if timely
filed, subject to the provisions contained in AS 29.45.030(e).
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 5 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 19 of 55
1. A waiver may only be granted for the year in which an application is filed. A delay in filing an application
shall be presumed to lack good cause for the delay and may be denied unless the assembly finds good cause
for the delay as defined in subsection (D)(2) of this section.
2. “Good cause” shall mean extraordinary circumstances beyond the control of the applicant, including but
not limited to a medical condition or disability, impaired mental capacity, family emergency, death in the
family, or similar serious condition or event that substantially impaired the applicant’s ability to file a timely
application. “Good cause” shall not mean late filing due to the applicant’s inadvertence, oversight, or lack of
knowledge regarding the filing requirements or deadline, financial hardship, or failure to pick up or read mail
or to make arrangements for an appropriate and responsible person to pick up or read mail.
E. Applications for Exemptions. The borough assessor shall grant or deny all applications for exemptions, except
for community purpose exemptions, which must be granted by the borough assembly.
1. Strict Enforcement of Deadlines to File an Exemption Application and Annual Certification.
a. Properties qualifying for an exemption under this section must be owned and in use on January 1st
of the applicable tax year. There shall be no proration of taxes under this section.
b. Written application for real property exemptions under this section, including any required
supporting documentation, must be received by the assessor no later than January 15th of the tax year
in which the exemption is requested.
c. Once an exemption based upon the use of the property has been approved, the assessor will review
the subject property’s exempt status annually, and may require the exempt party to provide annual
certification that the exempt use of the property remains consistent with the use described and
approved in the original application. Senior and disabled veteran exemptions must be reapplied for on
or before January 15th and reviewed by the assessor annually.
d. Reapplication for the exemption shall be required upon any change in the ownership or use of the
property, and shall meet the deadlines prescribed under this chapter.
e. The deadline for filing an application for exemption, filing a reapplication if necessary, requesting an
administrative review from the assessor, and filing an appeal to court shall be strictly enforced and shall
not be waived except as provided by subsection D of this section.
f. If the assessor determines that a property is not eligible for an exemption, all taxes, penalty, and
interest due for all tax years, beginning with the first year that the property should have been subject to
taxation, shall become due and owing.
g. No exemption shall be available under this section if, by the determination of the assessor, the
subject property has been conveyed to the applicant for the primary purpose of obtaining the
exemption.
F. The private interests, other than fee simple record ownership, in real property of an individual residing in the
property if the property has been developed, improved, or acquired with federal funds for the provision of low-
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 6 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 20 of 55
income housing, and is owned or managed as low-income housing by either the Alaska State Housing Authority
pursuant to AS 18.55.100 through 18.55.960 or a regional housing authority formed under AS 18.55.996. This
section does not prohibit the borough from continuing to receive payments in lieu of taxes authorized under
federal law. This section applies only to those low-income housing units in existence prior to January 1, 1989,
hence, any new projects, real property acquisitions, and additions to the existing properties after January 1, 1989,
shall require an ordinance of the assembly prior to the granting of an exemption under this section.
G. Administrative Review for All Exemptions Except Community Purpose.
1. If the assessor, after review of the application for exemption, determines that the property does not
qualify for the exemption, the assessor will notify the applicant in writing denying the exemption and
providing the reasons for the assessor’s decision.
2. The owner of record may request a formal review meeting with the assessor within 30 days of the date
of the assessor’s letter denying the exemption.
a. The assessor will notify the owner of record with the date of the meeting.
b. The owner of record may present additional documentation and other evidence supporting their
claim of exemption at the review meeting for consideration by the assessor.
c. The assessor, within 30 days of the meeting, will issue a letter with their final determination.
d. The assessor’s final determination after a review meeting is a final administrative decision on the
exemption and can be appealed as provided in subsection H of this section.
3. Community purpose exemptions are reviewed in accordance with subsection (I)(7) of this section.
H. Judicial Review of the Assessor’s Denial of an Exemption under AS 29.45.030.
1. Having exhausted the administrative review, only the owner of record may appeal a decision by the
assessor to deny an exemption under this section, and must be made to the Superior Court, Third Judicial
District, State of Alaska, in accordance with Alaska Rule of Appellate Procedure 602 and AS 29.45.200(c).
2. An appeal of the assessor’s denial of an application for exemption under this code must be filed within
30 days of the assessor’s denial.
3. For purposes of computing time, the date that the assessor’s written denial was mailed shall be deemed
the date of the denial.
I. The property of an organization not organized for business or profit-making purposes, which is used
exclusively for community purpose activities, may be exempted from taxation by the borough assembly under this
section as allowed under AS 29.45.050(a)(1)(A). In order to qualify for a community purpose exemption:
1. The property must be dedicated for use by the general public, must provide a benefit to the community
as a whole, and any income derived from rental of the property must not exceed the actual cost to the owner
of the use by the renter.
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 7 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 21 of 55
2. Any entity requesting a community purpose property tax exemption pursuant to this chapter must
include with its initial application certified copies of its most recent Return of Organization Exempt from
Income Tax Return (Form 990) and Federal Unrelated Business Income Tax Return (Form 990T, or any other
equivalent forms that may be adopted by the federal government). If a tax exemption is granted to the
applicant organization, it must thereafter submit to the borough, within 30 days of the required filing date
with the Internal Revenue Service, exact copies of its Return of Organization Exempt from Income Tax Return
(Form 990) and Federal Unrelated Business Income Tax Return (Form 990T).
3. The borough assembly may by ordinance grant tax exemptions for community purpose property if the
application meets state law requirements (AS 29.45.050(b)(1)(A)) and the assembly determines that there is a
direct and substantial benefit to the borough from the applicant’s property use. The assembly, in determining
whether to grant an exemption and the amount of exemption to be granted, may consider various factors
including, but not limited to, whether:
a. The property is open to public use regardless of sex, race, creed, color, or national origin;
b. The applicant organization is qualified as an exempt organization under Section 501(c)(3) of the
Internal Revenue Code, as amended from time to time;
c. No part of the net earnings of the applicant inures to the benefit of any private entity or individual;
d. There is no evidence of a dominant financial motive such as excessive charges, excessive employee
compensation, or income that exceeds operating expenses and any rental income does not exceed the
actual cost to the owner of the use by the renter;
e. There is no evidence that the property is being used to financially benefit any officer, trustee,
director, shareholder, member, or contributor of the applicant;
f. The property is used for the actual operation of the community activity and does not exceed an
amount of property reasonably necessary for the accomplishment of the community activity;
g. The fees and charges for the use of such property and facilities thereon do not effectively deny to a
significant portion of the borough the privileges and benefits provided by such property;
h. The applicant organization is governed by a volunteer board of directors;
i. Whether and to what extent a tax exemption is necessary to provide the community benefit;
j. The organization’s property is used exclusively for community purposes;
k. The existence of substantially similar community benefits through other public or private entities;
and
l. The degree to which the organization’s use of the property impacts the quality of life of borough
residents.
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 8 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 22 of 55
4. The assessor shall act as the administrator for community purpose exemption applications gathering the
necessary information and making recommendations to the assembly. Also, the assessor may periodically
require such information as is reasonably necessary to determine the character of the organization and the
nature of uses made for the continuation of the exemption provided in this section. This includes, but is not
limited to:
a. The applicant organization’s certificate of incorporation.
b. Documentation to support the organization’s not-for-profit status (i.e., IRS Section 501(c)(3)
determination letter, or equivalent).
c. A description of the use of the property and consistency with the requested exemption.
d. Contracts of any type that describe or memorialize use of the property by a person or entity other
than the applicant organization.
e. A description of any remuneration received by the applicant organization including:
i. Any property, or portion of property, from which rentals or income are derived.
ii. Actual operating expenses, excluding only debt service or depreciation.
iii. Financial statements for the past tax year including a copy of Form 990 as filed with the IRS,
income and expense reports, and description of any debt service or depreciation included in the
financial statements for the property.
5. Under this subsection, there shall be no proration of taxes for exemptions. Properties qualifying for an
exemption shall be in use under the exempt purpose as of January 1st of the year for which the exemption is
granted.
6. The borough assessor may request additional information prior to the determination, as reasonably
necessary, to determine the exempt status of a property in accordance with borough code and regulations
and Alaska law.
7. Administrative Review of Denial for Continuation of a Community Purpose Exemption by the Assessor.
a. If the assessor denies an application for the continuance of an exemption under this section, the
assessor shall state the reason for the denial in a written notice to the owner of record.
b. A denial by the assessor under this section may be appealed to the borough assembly by means of
a written request from the owner of record, which must be received by the borough clerk no later than
30 days after the date of denial.
c. Only an owner of record may request the administrative review of the assessor’s decision to deny
the continuance of an exemption.
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 9 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 23 of 55
d. For the purposes of computing time for the purposes of an appeal under this section, the date that
the assessor’s written notice of denial was mailed shall be deemed the date of the denial. The date of
receipt by the borough clerk shall be the date of the request for administrative review.
e. As this is an optional exemption pursuant to AS 29.45.050, the borough assembly shall have the
final determination of granting a continuance of the exemption.
8. Pursuant to the process in subsection (I)(3) of this section, the property owned by the following
organizations shall be exempt from real and personal property taxation under this section:
a. The Kodiak Island Sportsman’s Association;
b. The Kodiak Senior Center;
c. The Kodiak Rodeo and State Fair Association;
d. The Kodiak Chamber of Commerce; and
e. The Kodiak Island Convention and Visitors Bureau. [Ord. FY2022-12 §2, 2022; Ord. FY2022-06 §2,
2021; Ord. FY2020-04 §2, 2019; Ord. FY2014-10 §4, 2014; Ord. 77-38-O §1, 1977; Ord. 72-27-O §1, 1973;
Ord. 69-36-O, 1969; prior code Ch. 3 subch. 1 §3. Formerly §3.20.030].
3.35.040 Method of assessment.
A. All taxable property must be assessed at its full and true value as of the first day of January of the assessment
year. The full and true value is the estimated price that the property would bring in an open market sale between
a willing seller and a willing buyer both conversant with the property, under the then-prevailing market conditions
and with prevailing general price levels. The assessor shall strive to make all assessments fair and equitable.
Taxable interests in otherwise non-taxable property, both real and personal, shall be taxed based on the lessee’s
possessory interest in the property.
1. Real property shall be assessed to the owner of record as shown on the records of the Kodiak district
recorder; provided, however, that any other person having an interest in the property may be listed on the
assessment records with the owner. The person in whose name any property is listed as owner thereof shall
be conclusively presumed to be the legal owner of record for tax purposes. If the owner of the land is
unknown, such land may be assessed to the unknown owner or unknown owners. No assessment shall be
invalidated by a mistake, omission or error in the matter of the owner of real property assessed, if the
property is correctly described, and it shall be the responsibility of the owners of the property to keep the
assessor properly informed as to their current address and no assessment shall be invalidated on the basis of
improper notice if it is shown that the notice of value has been sent to the last known address of the owner of
record.
2. Personal property shall be assessed to the last reported owner of record as contained in borough
records. No assessment shall be invalidated by a mistake or omission or error regarding ownership of
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 10 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 24 of 55
personal property. It is the responsibility of the owners of personal property to keep the assessor properly
informed as to the current status of their business, whether active or inactive and their current mailing
address.
3. On or before February 1st of each year, the owners of mobile home parks or other properties upon
which are situated one or more mobile homes that do not belong to the owner of the underlying land shall
submit to the borough assessor a report that, to the best of their knowledge, identifies the owner of record
for each mobile home located on their property, as well as the mailing addresses and other contact
information for those owners.
4. The assessor may list real property located in any subdivision by lot and block or tract description, and
unsubdivided property according to the land office, section and township survey description, or by giving the
boundaries thereof, or by reference to the book and page of the records of the Kodiak district recorder where
the description may be found, or by designation of tax lot number referring to a public record kept by the
assessor of descriptions of real property, or in such other manner as to cause the description to be capable of
being made certain. Initial letter, abbreviations, fractions and exponents to designate the township, range,
section or part of a section, or the number of any lot or block or part thereof, or any distance, course, bearing,
or direction, may be employed in any such description of real property.
5. A private interest in public property is taxable. When any real or personal property which would
otherwise be exempt from taxation because of ownership or control by a federal, state, or municipal
government, or by some other tax exempt entity is leased, loaned, or otherwise made available to and used
by a private person, such person’s interest therein shall be taxed in the same manner as taxes assessed to
owners of real property, except that taxes assessed under this subsection shall be a lien only on the interest
in the property of such person. Private leaseholds, contracts or other interest in land, or property owned or
held by the United States, the state, or other political subdivisions and other tax exempt entities, shall be
taxable to the extent of the value of the possessory interest.
6. The assessor, either personally, or through any designated assistant, shall, after identifying themselves,
have the right to enter upon and inspect the premises of any person at reasonable times for the purpose of
making an examination, evaluation or assessment of the real property. The assessor or the assessor’s agent
shall have access to and may examine all property records relevant to its valuation, including but not limited
to income and expense statements, rent rolls, leases, pertinent income tax forms, and sale closing
documents. Any person shall, upon request, furnish to the assessor or designated assistant every facility and
assistance for the purpose of such examination, evaluation, or assessment.
7. The borough shall keep confidential all proprietary records received by the assessor’s office, for which
there exists a reasonable expectation of confidentiality. Such records may include tax returns, rent rolls,
income and expense statements, sales and finance information, and other financial information that is not
readily accessible by some other means.
B. Contents of Assessment Roll. The assessor shall complete the listing of the annual assessment roll of all real
and personal property within the corporate limits of the borough before the last day of February of that
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 11 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 25 of 55
assessment year. The assessor shall prepare an annual assessment roll upon which shall be entered the following
particulars:
1. The names and last known addresses of all persons with property liable to assessment and taxation;
2. A description of all taxable property; and
3. The assessed value of all taxable property.
C. Notice, Publication, and Correction of Assessment Roll.
1. The assessor shall give to every person named in the assessment roll a notice of assessment showing
the assessed value of his property. On the assessment notice shall be printed a brief summary of the
information for the taxpayer; of the dates when the taxes are payable, delinquent and subject to interest and
penalty; final dates for appeal of the assessment to the board of equalization; dates when the board will sit
for equalization purposes; and any other particulars specified by the borough assembly. The assessment
notice shall be directed to the person to whom it is to be given and shall be sufficiently given if it is mailed by
first-class mail addressed to, or is delivered at, his address as last known by the assessor. If the address is not
known to the assessor, the notice may be addressed to the person at the post office nearest to the place
where the property is situated. The date on which the notice is mailed shall be deemed to be the date on
which the notice is given for purposes of this chapter.
2. When valuation notices have been mailed, the assessor shall cause notice that the assessment rolls have
been completed to be published in a newspaper of general circulation, published in the borough at least once
each week for two successive weeks. If no newspaper of general circulation is published in the borough, the
assessor shall have the notice posted at two public places for a period of two weeks. The notice shall state
when and where the equalization hearings will be held.
3. The assessor may correct an error or supply an omission in the assessment roll at any time before the
sitting of the board of equalization. It shall be the duty of every person who receives a notice of assessment
to advise the borough assessor of any error or omission in the assessment of the person’s property, so that
the borough assessor may correct any errors in the assessment roll.
4. Period of Review. The borough assessor or designees may perform reviews of assessed values within 30
days of the date that assessment notices have been mailed.
a. A property owner may appeal an assessment of their property to the assessor or designees and
upon providing credible information or upon a more in depth inspection and analysis of the property at
the owner’s request the assessor may adjust the assessment appropriately if found to be in error.
b. The property owner may appeal the assessor’s valuation to the board of equalization, using forms
provided by the borough, within the original 30-day time frame from the mailing of the original notice.
The assessor review will not suspend or delay the final date of written appeal to the board of
equalization. [Ord. FY2015-10 §4, 2015; Ord. FY2014-10 §5, 2014; Ord. 82-33-O, 1982; Ord. 81-47-O ,
1981; Ord. 71-4-O , 1971; prior code Ch. 3 subch. 1 §4A. Formerly §3.20.040].
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 12 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 26 of 55
3.35.045 Tax adjustments on property affected by a disaster.
A. As provided in AS 29.45.230, the Kodiak Island Borough provides for assessment or reassessment and
reduction of taxes for property destroyed, damaged, or otherwise reduced in value as a result of a disaster.
B. Definitions. For purposes of this section, “disaster” is defined as a force majeure including fire, wind damage,
earthquake damage, extreme weather damage or accidental damage caused by a force beyond the control of the
owner or occupant. Not included are acts due to malfeasance or unlawful activities.
C. An assessment or reassessment under this section may be made by the assessor only upon the receipt of a
sworn statement of the taxpayer who has incurred losses in excess of $10,000. A reduction of taxes may be made
only on losses in excess of $10,000 for the remainder of the year following the disaster. In the event taxes have
already been paid for the year, on reassessment, the municipality shall re-compute the taxes and refund any
excess taxes.
1. Requirements for Applying for the Adjustment.
a. A taxpayer must provide evidence of the loss estimate such as insurance documents, contractor
quotes to repair, engineering quotes, etc.
b. The assessor or designee must inspect the property or make an investigation to determine the
extent of the damage.
c. The reduction in assessment shall be for one year only. If the damage occurs near the end of the
year and repairs will not be complete until the following year, the taxpayer can choose to take the
deduction for the current year or for the following year.
d. If the repairs exceed the assessor’s value of the improvement, the reduction will be based on the
assessor’s value.
e. If damage occurs after June 30th, and is for more than 50 percent of the assessed value of the
improvement, the reduction will be prorated by the percentage of the remaining year. This will be based
on the date of the event and a 365-day year.
2. Method of Determining the Adjustment.
a. The reduction in assessment shall be the estimated cost to repair the improvement.
D. The municipality shall give notice of assessment or reassessment under this section and shall hold an
equalization hearing as provided in this chapter, except that a notice of appeal must be filed with the board of
equalization within 10 days after notice of assessment or reassessment is given to the person appealing.
Otherwise, the right of appeal ceases unless the board finds that the taxpayer is unable to comply. [Ord.
FY2018-21 §2, 2018].
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 13 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 27 of 55
3.35.050 Board of equalization.
A. Membership – Qualification – Duties – Terms.
1. Members. The board of equalization shall be composed of five persons, not assembly members,
appointed by the assembly. At least two alternate members shall be appointed.
2. Qualifications. Members and alternate members should be appointed on the basis of their expertise in
real and personal property appraisal, the real estate market, the personal property market, and other fields
related to their functions as board members. Each member shall be a qualified voter of the borough and shall
remain a resident of the borough while in office. Borough employees may be appointed to serve on the board
of equalization unless they are employed by the finance or assessing departments.
3. Duties. The board may determine equalizations on properties brought before the board by appellants. It
shall only hear appeals for relief from an alleged error in valuation on properties before the board by an
appellant.
4. Terms of Office. Upon confirmation, members and alternate members shall serve for three years or until
their successors are appointed and confirmed. Of the members initially appointed, two shall serve three-year
terms, two shall serve two-year terms, and one shall serve a one-year term.
5. Hearing Dates. The board shall commence hearings on the first Monday in May, unless otherwise
changed by resolution. Hearings will continue from day to day as established by the board and the borough
clerk until all properly filed appeals have been heard.
B. Chairperson. The board annually shall elect a member to serve as its chairperson. The chairperson may call
meetings of the board, shall exercise such control over meetings as to ensure the fair and orderly resolution of
appeals, shall make rulings on the admissibility of evidence, and shall conduct the proceedings of the board in
conformity with this chapter. A vice-chairperson shall also be selected to serve in the chairperson’s absence. If
both are absent, the members present shall select a person to preside.
C. Appeals to the Board.
1. A person whose name appears on the assessment roll, or the authorized representative of that person,
may appeal to the board for relief for an alleged error in valuation not adjusted by the assessor to the
taxpayer’s satisfaction. The authorized representative shall be named by the property owner in writing to the
assessor and board of equalization at the time of filing or no later than three days in advance of hearing. The
time requirement for providing a representative in writing may be waived at the determination of the board
during the hearing if good cause is shown that may include, but not limited to, the following: stranded from
Kodiak due to inclement weather, serious medical condition, serious family emergency, or death in the family.
2. The appellant shall, within 30 calendar days after the date of mailing of notice of assessment, submit to
the assessor a written appeal specifying grounds for such appeal. The board shall prescribe the form in which
written notices of appeal shall be made. Otherwise, the right of appeal ceases unless the board of
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 14 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 28 of 55
equalization finds that the taxpayer was unable to comply within the 30-day appeal period and grants a
hearing to the appellant.
3. The assessor shall notify the appellant by mail, and email if provided, of the time and place for the
hearing and assign a docket number of appeal.
4. If parties to whom notice was mailed as provided herein fail to appear, the board may proceed with the
hearing in their absence. All parties, their authorized representatives, and witnesses must appear in person at
the hearing.
5. The assessor shall prepare for use by the board of equalization a summary of assessment data relating
to each assessment that is appealed. This summary shall be provided to the board and made available to the
appellant at least 10 calendar days before the hearing. Summary of assessment data for late-filed appeals
granted by the board will be provided as soon as practicable.
6. A city in the borough may appeal an assessment to the borough board of equalization in the same
manner as a taxpayer. Within five days after receipt of the appeal, the assessor shall notify the person whose
property assessment is being appealed by the city.
7. A property owner who seeks to appeal the assessor’s valuation, after the 30-day filing period has closed,
shall file a letter with the assessor stating the reasons why the property owner was unable to comply with the
30-day appeal period. The deadline to file a late-file request is on April 15th of the current assessment year.
Should April 15th fall on a Saturday or Sunday, late filers shall have until 4:30 p.m. on the first Monday
following to file their request.
On the next business day following the deadline to file a late-file request or as soon as is practicable, the
board shall consider each letter and shall only consider reasons the appellant was unable to comply with the
30-day appeal period. It shall not consider evidence regarding property valuation. The appellant may not
make an oral presentation at the hearing. The determination shall be based on the letter and supporting
documents. The board shall interpret the term “unable to comply” as meaning that a property owner must
demonstrate compelling reasons or circumstances which would prevent a reasonable person under the
circumstances from filing an appeal in a timely manner during the 30-day appeal period.
If the late-file request is granted, the property owner shall have five calendar days from the decision of the
board to file an appeal and submit to the assessor’s office all documentary evidence in their possession which
they wish to be considered and which is relevant to the resolution of the appeal. If the late-file request is
denied, the assessor shall notify the property owner of the board’s decision in writing.
D. Quorum and Voting.
1. Quorum. A quorum shall consist of four members.
2. Voting. The granting of any appeal or part thereof shall require the concurring vote of at least three
board members. Any appeal or part thereof which is not granted by the board shall be considered denied.
E. Hearings – Procedures.
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 15 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 29 of 55
1. Record. The clerk is the ex officio clerk of the board and shall prepare the board’s minutes. The clerk shall
keep electronic recordings of the board’s hearings per the borough retention schedule. The board of
equalization summary certification will constitute the board’s minutes.
2. Counsel. All parties may be represented by counsel during hearings before the board. On procedural
matters, the borough attorney may offer legal counsel to the board in the course of its proceedings. Upon the
recommendation of the borough attorney, the board may retain legal counsel from another attorney for a
particular matter.
3. Appeal Number. Every appeal shall be assigned an appeal number which, along with the name of the
appellant, shall be read into the record before hearings on the appeal may commence.
4. Burden of Proof. The burden of proof rests with the appellant, who must convince the board by clear and
convincing evidence that the assessment was unequal, excessive, improper, or undervalued based on the
facts stated in a written appeal or proven at the appeal hearing in accordance with subsections (E)(5) and (7)
of this section. If the valuation is found to be too low, the board may raise the assessment. The borough shall
make available to the appellant all reasonably pertinent documents requested for presentation of the appeal,
including but not limited to documents presented or requested by the board of equalization for presentation
of the appeal in accordance with subsection (C)(5) of this section.
5. Rules of Evidence. Evidence shall only be presented by the appellant and the assessor or their authorized
representative. The board shall not be restricted by the formal rules of evidence; however, the chairperson
may exclude evidence irrelevant to the issues appealed. Hearsay evidence may be considered, provided there
are adequate guarantees of its trustworthiness and that it is more probative on the point for which it is
offered than any other evidence which the proponent can procure by reasonable efforts. The appellant must
submit to the assessor’s office by April 15th all documentary evidence in their possession which they wish to
be considered and which is relevant to the resolution of the appeal. Should April 15th fall on a Saturday or
Sunday, appellants shall have until 4:30 p.m. on the first Monday following to submit their evidence.
This evidence includes but is not limited to purchase and closing documents, appraisal reports, brokers’
opinion of value, engineers’ reports, estimates to repair, rent rolls, leases, and income and expense
information. The board of equalization may in its discretion decline to accept documents offered at the
hearing which should have been provided by April 15th. In exercising this discretion, the board shall consider
the relevance and probative value of the documents which are under consideration, accepting those
documents which in all fairness are necessary to a fair resolution of the appeal. Prior to the board meeting,
the appellant and assessor may agree to an extension of time for the production of evidence.
6. Order of Presentation. The order of presentation is as follows:
a. The appellant shall present evidence and argument not to exceed five minutes.
b. Following the appellant, the assessor shall present the borough’s evidence and argument not to
exceed five minutes.
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 16 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 30 of 55
c. The appellant may make a rebuttal presentation directed solely to the issues raised by the assessor
not to exceed two minutes.
d. The assessor may address the rebuttal by the appellant not to exceed two minutes.
Each party shall be allowed a total of five minutes to present evidence and make oral argument. The time
limits allotted include presentations from either the appellant’s or assessor’s authorized representatives,
counsels, or witnesses. Additional time may be permitted by the board depending on the complexity of the
case. The members of the board may ask questions, through the chairperson, of either the appellant or the
assessor, authorized representatives, counsels, or witnesses at any time during the hearing. After both the
appellant and the assessor have made their presentations, each may question the other through the
chairperson. The chairperson may end the questioning and call for a motion from the other members.
7. Witnesses, Exhibits and Other Evidence. The appellant and the assessor may offer the oral testimony of
witnesses and documentary evidence during the hearing. At the request of the appellant, evidence submitted
pursuant to subsection (E)(5) of this section relating to the assessed valuation of property used in an income-
producing commercial enterprise shall be confidential. The assessor and the appellant may stipulate to facts
to be presented to the board, provided the assessor has received credible and reliable evidence to establish
the facts.
The only exhibits that shall be admitted into the record at the hearing are those exhibits provided pursuant to
subsection (E)(5) of this section. However, at the hearing, parties may use demonstrative or illustrative
exhibits; provided, that all such exhibits are duplicates of exhibits or information provided to the board
pursuant to subsection (E)(5) of this section. Additionally, witnesses may write on a board while orally
testifying to illustrate their testimony. The limitation on the use of exhibits in this section shall not preclude
the parties from presenting oral testimony at the hearing.
8. Decisions.
a. The assessor may recommend changes to the existing value during the hearing.
b. After the appellant and assessor have presented their cases, the hearing shall be closed by the
chairperson, and no further evidence shall be offered or considered in deliberations unless a member of
the board of equalization asks for additional information from either party. Both parties shall be given an
equal opportunity to respond to any such requests for additional information.
c. The board may decide the appeal after the presentations, or it may defer a decision no later than 30
days after the hearing date. Final board action shall be taken by motions that set out specific findings of
fact at the meeting and shall not be reconsidered, amended, or rescinded by the board. Only one motion
may be on the floor at a time, and the board shall vote on the motions until its findings are established.
The vote must be taken and entered in the permanent record of the proceedings. The motions available
for the board are:
i. Motion to uphold the assessor’s valuation.
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 17 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 31 of 55
ii. Motion to reduce the assessment.
iii. Motion to increase the assessment.
iv. Motion to dismiss the appeal.
v. Motion to defer the decision.
vi. Or any other motion set out in Alaska Statutes and regulations governing board of equalization
appeals.
d. No later than 30 days following the hearing, the board shall render a written decision which includes
findings of fact based on evidence presented at the hearing clearly stating the grounds upon which the
panel relied to reach its decision and advising all parties of their right to appeal the decision to superior
court.
9. Certification. The board shall certify its actions to the assessor within seven days following its
adjournment.
F. Further Appeals. Any appeal of a decision of the board shall be made to the Superior Court, Third Judicial
District, State of Alaska. No appeal of a board’s decision to the superior court may be taken unless the action is
filed and the borough attorney is served with notice of such appeal within 30 days following the board’s written
decision. [Ord. FY2023-14 §2, 2023; Ord. FY2015-10 §5, 2015; Ord. FY2015-08 §2, 2014; Ord. FY2014-10 §6, 2014;
Ord. FY2012-04 §4, 2011; Ord. FY2011-12 §2, 2011; Ord. 98-03 §2, 1998; Ord. 78-21-O §1, 1978. Formerly
§3.20.050].
3.35.060 Final and supplemental assessment rolls.
A. Within 15 days after the board of equalization certifies its actions, the assessor shall complete and certify the
annual assessment roll. The assessment roll shall be based on values as of January 1st of the assessment year.
B. All taxes levied or collected shall be calculated, levied, and collected upon the assessed values entered in the
assessment roll and certified by the assessor as correct, subject to the taxpayer’s rights of appeal, and to the
corrections and amendments made in the rolls, including any court-ordered amendments. These assessed values
shall be valid and binding on all persons, notwithstanding any defect, error, omission, or invalidity in the
assessment roll or proceedings pertaining to the assessment roll.
C. When the assessor discovers that an omission has been made in either the real or personal property rolls, the
assessor shall include the property omitted from the assessment roll on a supplementary roll. All procedures set
forth in this chapter, or mandated by state law, shall apply to the supplementary rolls.
D. When the final assessment records are completed by the assessor, the assessor shall deliver to the assembly
a statement of the total assessed valuation of all real property in the borough. The assembly shall then fix the rate
of tax levy and designate the number of mills upon each dollar of value of assessed taxable real property that shall
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 18 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 32 of 55
be levied for borough purposes including the borough government, assessment, and collection of taxes,
education, and planning and zoning, and shall levy the tax accordingly. The levies for school and municipal
purposes shall be separately made and fixed, but the aggregate of them shall not exceed three percent of the
assessed value of the property assessed.
E. At such time as the assessment function of property taxes has been accomplished, to include the appeal
process to the board of review, the assessor will furnish the borough treasurer a copy of the certified assessment
roll. [Ord. FY2014-10 §7, 2014; Ord. 82-7-O, 1982; Ord. 78-21-O §2, 1978. Formerly §3.20.060].
3.35.070 Addresses – Responsibility of persons subject to taxation.
It shall be the responsibility of every person who owns or controls real or personal property subject to tax by the
municipality to file with the office of the assessor the address where he will receive notices, bills, or other
correspondence regarding taxation. No person shall be excused from paying taxes or penalties thereon for the
reason that he did not receive a tax notice, bill, or any other correspondence due to an improper mailing of
assessment notice, billings, or other correspondence. The owners of mobile homes located within mobile home
parks, or on land not owned by the mobile home owner, are not exempted from the requirements of this section,
notwithstanding the provisions set forth at KIBC 3.35.040(A)(3). [Ord. FY2015-10 §6, 2015; Ord. FY2014-10 §7, 2014;
Ord. 78-21-O §4, 1978. Formerly §3.20.062].
3.35.080 Real and personal property exempted from taxation.
Repealed by Ord. FY2014-10.
3.35.085 Method of determining the assessed value of property that
qualifies for a low-income housing tax credit under 26 USC 42.
A. In accordance with AS 29.45.110(d)(1), the full and true value of all property within the Kodiak Island Borough
that first qualifies for low-income housing tax credit under 26 USC 42 before January 1, 2001, shall be based on the
actual income derived from the property and may not be adjusted based on the amount of any federal income tax
credit for the property.
B. Pursuant to AS 29.45.110(d)(2), the full and true value of all property within the Kodiak Island Borough that
first qualifies for a low-income housing credit under 26 USC 42 on or after January 1, 2001, shall be exempt from
the requirement that the value be based on the actual income derived from the property. For property that first
qualifies for a low-income housing credit under 26 USC 42 on or after January 1, 2001, the assembly may
determine, by parcel, whether the property shall be assessed based on AS 29.45.110(a) or on the basis of actual
income derived from the property without adjustment based on the amount of any federal income tax credit given
for the property. Once the manner of assessment of the property has been determined under this subsection, the
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 19 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 33 of 55
assembly may not change the manner of assessment of that parcel of property if debt relating to the property
incurred in conjunction with the property qualifying for the low-income housing tax credit remains outstanding.
C. To secure an assessment based upon the actual income derived from the property under this section, an
owner of property that qualifies for the low-income housing tax credit under 26 USC 42 shall apply to the assessor
before May 15th of each year in which the assessment is desired. The property owner shall submit an application
on forms prescribed by the assessor and shall include information that may reasonably be required by the
assessor to determine the entitlement of the applicant and to assess the property under this subsection. All such
applications shall be forwarded to the assembly for determination, by resolution, of the manner of assessment.
[Ord. FY2014-10 §8, 2014; Ord. FY2012-20 §2, 2012].
3.35.090 Property tax billing.
The finance director, upon receipt of the certified assessment roll and with the millage rate established by the
assembly, will cause to produce property tax bills for all property owners of record. These tax bills will be mailed to
the most recent address on file. [Ord. FY2015-10 §7, 2015; Ord. FY2014-10 §8, 2014; Ord. 82-7-O, 1982. Formerly
§3.20.085].
3.35.100 Correction of errors.
A. Correction of Error in Billing of Penalty and Interest. When it is shown to the finance director that a taxpayer has
been billed erroneously for tax, tax penalty, or interest because of administrative error by the borough, the
finance director may adjust the tax bill accordingly.
B. Correction of Errors in Assessment. The assessor may correct errors or omissions in the roll before the board of
equalization hearing. No changes to the roll can be made once the board has certified their actions except:
1. The assessor may correct a manifest clerical error in the assessment roll at any time. A manifest clerical
error is a typographical, computational, or other similar error readily apparent from the assessment notice,
tax statement or other borough tax and assessment records and made by a borough employee in the
performance of typing, record keeping, filing or other similar duties. A manifest clerical error does not require
extrinsic evidence to make it clear.
2. The assessor may correct an omission of the roll as described in KIBC 3.35.060(C) at any time.
C. All rights provided by this chapter, including but not limited to rights to appeal and times for making
payments, shall be reserved to the person receiving a corrected assessment or tax bill as of the time the new
assessment or billing is mailed. [Ord. FY2015-10 §8, 2015; Ord. FY2014-10 §10, 2014; Ord. 82-7-O, 1982; Ord.
78-21-O §3, 1978. Formerly §3.20.086].
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 20 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 34 of 55
3.35.110 City taxes.
Taxes levied by the cities within the boundaries of the borough and collected by the borough shall be returned in
full to the cities for which collected as provided in AS 29.35.170. [Ord. 82-7-O, 1982; prior code Ch. 3 subch. 1 §6.
Formerly §3.20.087].
3.35.120 Tax due dates and delinquency.
Taxes are due when billed. If payment is by a single payment, such payment must be physically received in the
borough finance office on or before the fifteenth day of October in the year in which taxes are levied, or
postmarked by the United States Postal Service (USPS), not metered machines, by the due date. Taxes levied in
any given year may be paid in two equal installments. If the taxpayer elects this option, then the first half is
delinquent unless it is physically received by the borough office or postmarked by the USPS, not metered
machines, on or before the fifteenth day of August in the year in which the taxes are levied. The second half of the
taxes thus levied is delinquent unless it is physically received by the borough finance office or postmarked by the
USPS, not metered machines, on or before the fifteenth day of November in the year in which the taxes are levied.
If the annual levy is made on or after the first day of June, the borough assembly may by resolution establish a
later delinquency date. Taxes normally become delinquent after the dates mentioned in this section. [Ord.
FY2015-10 §9, 2015; Ord. 99-02 §2, 1999; Ord. 88-30-O §2, 1987; Ord. 84-24-O, 1984; Ord. 82-33-O , 1982. Formerly
§3.20.088].
3.35.130 Exceptions.
Taxes levied in the amount of $50.00 or less must be paid in full on the due date established by the assembly as
the due date of the first installment of all taxes in a larger amount. Taxes levied in an amount of $4.99 or less will
not be billed. During the process of billing, all full-year tax amounts of less than $5.00 total will be written off as if
paid. A full accounting of such write-offs will be available for public inspection. [Ord. 86-25-O(A) ; Ord. 82-33-O,
1982. Formerly §3.20.089].
3.35.140 Late payments – Penalty and interest.
If the first payment is not paid when due, the entire tax becomes delinquent and subject to a penalty of 10 percent
of the entire tax and interest shall accrue on the unpaid principal balance, excluding the penalty, at the rate of 12
percent per year. If the first payment is paid when due but the second payment is not paid when due, the unpaid
balance of the tax becomes delinquent and subject to a penalty of 10 percent of the unpaid balance, and interest
shall accrue on the unpaid principal balance, excluding the penalty, at the rate of 12 percent per year. Partial
payments shall be applied first to accrued penalties, then to interest, then to principal. Notwithstanding the
acceptance of partial payment, the unpaid balance remains delinquent and the lien therefore enforceable in
accordance with law. For the purposes of this section, a payment is paid when due only if it is physically received in
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 21 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 35 of 55
the borough finance office by the due date or is postmarked by the United States Postal Service, on or before the
due date. Payments received after the due date that bear a postmark generated by a metered machine that is not
in the possession and control of the United States Postal Service shall be deemed delinquent. [Ord. FY2015-10 §10,
2015; Ord. 99-02 §2, 1999; Ord. 93-36 §2, 1993; Ord. 86-25-O(A) ; Ord. 82-33-O, 1982; Ord. 80-22-O §1, 1980.
Formerly §3.20.090].
3.35.150 Enforcement of tax liens on real property.
A. Real Property Tax – Lien – Date. Taxes on real property are a prior and paramount lien on the property upon
which the taxes are levied. The lien includes any penalty or interest which may accrue from the delinquency date.
The lien attaches on the first day of the tax and/or assessment year in which the taxes are levied.
B. If the tax on real property is not paid when due, the borough may enforce a lien on the tax by the sale of the
property assessed after foreclosure in the special proceedings provided for by the Alaska Statutes, by order of the
superior court of the district where the property assessed is located, with the exception that delinquent real
property taxes for mobile homes that are located on land that is not owned by the mobile home’s owner of record
may be enforced by a personal action against the delinquent taxpayer brought in the district or superior court, in
addition to other remedies available to enforce the lien.
C. If the tax on a leasehold interest in a tax exempt property is not paid when due, the borough may enforce the
tax by a personal action against the delinquent taxpayer brought in the magistrate or superior court, in addition to
other remedies available to enforce the lien. [Ord. FY2015-10 §11, 2015; Ord. 84-1-O §1, 1984; prior code Ch. 3
subch. 1 §9. Formerly §3.20.100].
3.35.160 Foreclosure.
A. The borough shall prepare an annual foreclosure list pursuant to AS 29.45.330.
B. The provisions of AS 29.45.330 through 29.45.490 apply to borough delinquent property tax foreclosures.
C. The borough shall not foreclose against property that it knows has been determined by a federal, state or
local agency to be contaminated or found to contain hazardous materials subject to regulation by a federal, state
or local government. The borough may proceed with a personal action against the delinquent taxpayer to collect
the tax, costs, penalty and interest. [Ord. FY2015-10 §12, 2015; Ord. 82-7-O, 1982; prior code Ch. 3 subch. 1 §10.
Formerly §3.20.110].
3.35.170 Publication of the foreclosure list.
Repealed by Ord. FY2015-10.
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 22 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 36 of 55
3.35.180 Notice of foreclosure proceeding.
Repealed by Ord. FY2015-10.
3.35.190 Clearing delinquencies before sale.
Repealed by Ord. FY2015-10.
3.35.200 Notice of foreclosure list to lien holder.
Repealed by Ord. FY2015-10.
3.35.210 Apportionment of costs.
Repealed by Ord. FY2015-10.
3.35.220 Enforcement by personal action.
Repealed by Ord. FY2015-10.
3.35.230 Foreclosure proceedings.
Repealed by Ord. FY2015-10.
3.35.240 Effect of redemption.
Repealed by Ord. FY2015-10.
3.35.250 Notice of expiration of redemption.
Repealed by Ord. FY2015-10.
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 23 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 37 of 55
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through
September 7, 2023.
Disclaimer: The borough clerk’s office has the official version of the Kodiak Island Borough Code. Users should
contact the borough clerk’s office for ordinances passed subsequent to the ordinance cited above.
Borough Website: www.kodiakak.us
Borough Telephone: (907) 486-9300
Hosted by Code Publishing Company, A General Code Company.
3.35.260 Deed to borough.
Repealed by Ord. FY2015-10.
Ch. 3.35 Real Property Tax | Kodiak Island Borough Code Page 24 of 24
The Kodiak Island Borough Code is current through Ordinance FY2024-05, and legislation passed through September 7,
2023.
AGENDA ITEM #2.a.
Assembly Review Of Ordinance No. FY2024-09 Regarding Board of Equalizati...
Page 38 of 55
KODIAK ISLAND BOROUGH
STAFF REPORT
OCTOBER 12, 2023
ASSEMBLY WORK SESSION
Kodiak Island Borough
SUBJECT: Discussion Of The State And Federal Capital Improvement Project Lists
ORIGINATOR: Aimee Williams, Borough Manager
RECOMMENDATION:
Assembly review of the CIP lists in preparation for discussion with Lobbyist Hickey on
October 26.
DISCUSSION:
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #2.b.
Discussion Of The State And Federal Capital Improvement Project Lists
Page 39 of 55
2
3
4
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Introduced by: Interim Borough Manager thru the Mayor
Drafted by: Special Projects Support
Introduced on: 11/17/2022
Amended on: 12/01/2022
Adopted on:12/01/2022
KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2023-15
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A
STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2023
LEGISLATIVE SESSION
WHEREAS, the Kodiak Island Borough represents approximately 13,000 residents of the
Kodiak Island Archipelago living in six incorporated cities and one community governed by a tribal
council government; and
WHEREAS, a Borough —wide capital improvement program has been adopted by the Kodiak
Island Borough Planning & Zoning Commission which identifies major needs of the island
community for the next five years; and
WHEREAS, the Kodiak Island Borough Assembly has reviewed the borough -wide capital
improvement program adopted by the Planning & Zoning Commission and identified major
projects to submit to the Alaska Governor and State Legislative Delegation for funding
consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Section 1: The Kodiak Island Borough's State Legislative capital improvement project
priorities (unranked) for the 2023 legislative session are as follows:
Hospital Facility Sterilizer and Boiler Replacement
Estimated Project Cost $1,000,000
Needed Funds $1,000,000
The Kodiak Island Borough owned hospital facility boilers and associated system
components are aging along with the facility. The system components that have been
identified for major repair or replacement include the oil -fired boilers, chiller unit, reverse
osmosis water system, steam generation equipment and sterilization equipment are all in
consideration. The oil -fired boilers provide the major hydronic heating component for
several associated systems at the hospital facility. They include the production of facility
heat, hot water and the hot water component for conversion to steam via a steam
generator that is distributed to the sterilizers required for the hospital operations. The
sterilizer equipment has been maintained at an operational level. Due to the age of the
existing equipment, increased frequent failures associated with the steam generator and
sterilization equipment has affected the operational capacity of the hospital to the point
where operating room availability is managed at times with the functional capacity of the
facility to ensure properly sterilized equipment. All of the system components need to be
evaluated for replacement timeframes as and of the individual component failures may
lead to services being suspended at the hospital facility.
Kodiak Island Borough, Alaska Resolution No. FY2023-15
Page 1 of 6
AGENDA ITEM #2.b.
Discussion Of The State And Federal Capital Improvement Project Lists
Page 40 of 55
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
Kodiak Community Health Center Expansion Design
Estimated Project Cost $25,850,000
Funding acquired $8,317,901
Estimated Design Cost $1,200,000
Needed Funds $1,200,000
The Kodiak Community Health Center (KCHC) is currently housed within the Kodiak
Island Borough owned hospital facility and co -located with Providence Kodiak Island
Medical Center.
KCHC is in need of increasing their clinic space and is planning an expansion project.
Due to various changes in the community in the past five years, patient and provider
counts have increased and pushed this organization to the maximum of their space
limitations. Additionally, an increase in patient population is expected to coincide with a
local US Coast Guard base increase in employees and their families in the next few
years.
With appropriate funding KCHC proposes to expand and improve the clinic space and
continue to provide needed services in the Kodiak community. KCHC has acquired
funding in the amount of $8.3 million toward this project, however design activities are
not eligible within this funding. KCHC is seeking design funds in order to move forward
with the project and will continue to fund raise for the balance needed.
Ouzinkie Electrical Distribution System
Estimated Project Cost $2,500,000
Needed Funds $2,500,000
Age and exposure to salt -water atmosphere have revealed that all the transformers on
Ouzinkie's electric distribution system have rusted out. When the lids rust thru, water gets
into the transformer causing extreme loads, short circuits, and the potential, (due to
buildup of gas pressure), of explosion with consequences to individuals and property in
the vicinity. It is expected that this preventive renovation will reveal other situations such
as individual poles that need replacement and rerouting of transmission lines. A highly
critical and significant section of Ouzinkie's power is connected to the hydroelectric plant.
This connection is by direct burial concentric neutral 7,200-volt power lines. This quality
of cable as it was installed has been estimated by Kodiak Electric Association's Electrical
Engineer to have exceeded its normal expected life and is subject to failure any day. The
western section of town is serviced by the same type of cable and there is no possibility
of delivering power to these residents, temporary or otherwise when this failure occurs.
It is requested that this project be engineered and managed by the Alaska Energy
Authority.
City of Larsen Bay Water Distribution Lines
Estimated Project Cost $1,700,000
Needed Funds $1,700,000
i
The City of Larsen Bay water distribution system is losing approximately 40,000
gallons of water every 24 hours due to unidentifiable leaks in the system. All of the
0leaksthatcouldbefoundhavebeenrepaired, however the water plant is working 24
hours a day, 7 days a week and during the summer months there is difficulty keeping
up with the water usage.
Kodiak Island Borough, Alaska Resolution No. FY2023-15
Page 2 of 6
AGENDA ITEM #2.b.
Discussion Of The State And Federal Capital Improvement Project Lists
Page 41 of 55
102
103
104
105
106
107
108
109
110
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
Old Harbor Septic Tank Replacement
Estimated Project Cost $100,000
Needed Funds $100,000
Install a sewer septic tank in downtown Old Harbor, Alaska.
Service Area Road Improvements and Paving
Estimated Project Cost 10,000,000
Local Funds 1,000,000
Needed Funds 9,000,000
This project addresses the on -going need to improve portions of Borough Service Area
roads. There are approximately 26 miles of road among four Road Service Areas that
connect residential neighborhoods with the greater Kodiak community.
Paving projects will address main thoroughfares or busy neighborhood roads.
Improvements to major drainage courses, installation of guard rails, and other identified
road improvement needs may also be addressed with this funding.
The two larger local road services areas, Road Service Area No. 1, serving an area north
of the City of Kodiak, and Women's Bay Service Area will share the funding amongst
priorities that have been determined by the road service area boards. Local contributions
to road improvements may be funded through local improvement districts where those in
the district are taxed a proportion of the project cost.
Drainage Improvements for Chiniak Highway and Sargent Creek Intersection
Estimated Project Cost $2,500,000
Needed Funds $2,500,000
This request is to provide funding to the DOT&PF Southcoast Region, Kodiak Island
District for the construction of improvements near the intersection of the Chiniak Highway
and Sargent Creek Road. These improvements will address flooding at the intersection
that sometimes makes it impassable.
Heavy rain events occurring in conjunction with high tide cause the intersection to flood
the only roadway in and out of Bells Flats subdivision. This flooding impedes safe travel
and often leaves motorists stranded and unable to reach their homes in the subdivision or
conversely, critical services located in town.
The Kodiak Island Borough recently sponsored and was awarded a Bridge Investment
Program grant for the Kodiak Sargent Creek and Russian River Bridges Planning Study.
These bridges are located on either side of the intersection of the Chiniak Highway and
Sargent Creek Road. The timing is optimal for coordinating the planning study with design
work necessary for construction improvements to ensure that ongoing flooding issues at
this intersection are mitigated.
Port Lions State Route Improvement Project
Estimated Project Cost $1,200,000
Needed Funds $1,200,000
Kodiak Island Borough, Alaska Resolution No. FY2023-15
Page 3 of 6
AGENDA ITEM #2.b.
Discussion Of The State And Federal Capital Improvement Project Lists
Page 42 of 55
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
An evaluation and planning are needed to address the lack of maintenance on this state-
owned roadway that runs through the community of Port Lions in the Kodiak Island
Borough.
The residents of Port Lions are currently driving on what is left of the original surface gravel
for the approximately five (5) miles of State Route in our community. The State Route runs
from the Airstrip through the Port Lions Subdivision, around Settlers' Cove, through the
Wakefield Subdivision, to the Ferry Dock. It is the only means of access to air and ferry
travel for the residents. It is also the access route for families residing in the Wakefield
Subdivision to get to the School, Post Office, both Churches, and Small Boat Harbor.
There are approximately two and a half (2.5) additional miles of roadway in Port Lions
which are residential streets and drives.
A project to resurface the State Route was on the AK DOT STIP in 2003-2004, but it
suddenly disappeared from the STIP, and none of our efforts to have it placed back on
the STIP have not been successful. The condition of the State Route in 2003 was not
good, and it has steadily deteriorated since. There is simply no surface D-1 left. Dust in
the summer, mud in the fall/winter, and potholes year-round are chronic problems affecting
the health of the residents in the community (especially those with COPD, asthma, and
other lung conditions) and beating up vehicles (flat tires are very common, door hinges
and shock absorbers fail frequently).
The Native Village of Port Lions and the City of Port Lions share road maintenance efforts
in the village, but neither entity has sufficient resources to address the current condition
of the State Route, including the production of enough D-1 gravel to accomplish
resurfacing of this route.
School Roof Evaluation and Design
Estimated Project Cost $100,000
Needed Funds $100,000
This project addresses two local elementary school roofs that have aged and are leaking.
The metal roof on the west section East Elementary School has reached degradation and
requires replacement. Some structural repair is also necessary to support the alternative
design in order to eliminate the building flaw that was led to leaking. The North Star
Elementary roof has been evaluated by a third -party contractor who has determined
multiple sidewall failures, allowing water to penetrate under membranes. Saturation of the
foam insulation has reduced the ability for the building to retain heat. Additionally, the
skylight above the school's atrium has been leaking a number of years and needs to be
replaced.
Safe Pathways to North Star Elementary School
Estimated Project Cost $2,000,000
Needed Funds $2,000,000
North Star Elementary School is located on a hill amongst several residential
neighborhoods. Many roads connecting the neighborhoods around the school are narrow,
steep, and winding dirt roads without sidewalks or separated pathways to keep
pedestrians safe from vehicular traffic. The Kodiak Safe Routes to Schools Plan (2013)
describes a need for separated pathways or trails to connect the residential
neighborhoods to the school. This project would provide separated soft surface pedestrian
pathways along Lily Drive and Anton Way.
Kodiak Island Borough, Alaska Resolution No. FY2023-15
Page 4 of 6
I
I
I
AGENDA ITEM #2.b.
Discussion Of The State And Federal Capital Improvement Project Lists
Page 43 of 55
199
200
201
202
203
204
205
206
207
208
209
It
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
Akhiok School HVAC Controls Replacement
Estimated Project Cost $300,000
Needed Funds $300,000
All of Kodiak Island's rural school's HVAC systems should be evaluated for retrofit and
reduction of computer control systems. Due to the remote nature of the location of these
schools, including the Akhiok community school where the HVAC controls in place are
failing, the communities would benefit from having less computerized systems that could
be maintained by a local resident with assistance from school district maintenance staff.
Sargent Creek Community Playground & Basketball Court
Estimated Project Cost $300,000
Local Funding $2,000
Needed Funds $148,000
The goal of this project is to provide modern playground equipment that meets current
standards to replace old equipment at a community playground.
The small playground located at 538 Sargent Creek Road by the Women's Bay Fire
Department was installed more than 30 years ago and needs to be updated. The Sargent
Creek Playground experiences a significant level of use by families in the neighborhood,
as it is the only park/playground on the Sargent Creek side of Womens Bay. There are
currently just 4 pieces of equipment, 3 of which are rusted and in need of removal and
replacement. There is also an existing basketball court, but it lacks pavement and sits on
a grassy patch of ground. Significant ground/site prep work, including pouring cement,
would be required to bring the basketball court to a functional level.
A similar playground project took place at the Panamaroff Park in 2014. Cost estimates
are from that project. The Womens Bay Community Coalition is committed to seeking
funding from a variety of sources and are willing to provide volunteer labor as
needed. Kodiak Island Borough owns the land where the park is located.
Mill Bay Beach Access and Recreation Upgrade
Estimated Project Cost $500,000
Needed Funds $500,000
Mill Bay Beach is a recreational area heavily used by residents, sport fishermen and
community groups who come to access this beach site located close to town. Time, tide,
and use have eroded safe access to the two stretches of beach at this site. This project
includes new stairs, walkways and trail enhancements between the two beaches, as well
as a small raft/kayak launch.
Anton Larsen Bay Road Extension to Ice Free Water
Estimated Project Cost $10,450,000
Funding Acquired $450,000
Needed Funds $10,000,000
An extension of the Anton Larsen Bay Road will be a public road of approximately 2.2
miles to ice free waters just outside Anton Larsen Bay. The project will include a boat
Kodiak Island Borough, Alaska Resolution No. FY2023-15
Page 5 of 6
AGENDA ITEM #2.b.
Discussion Of The State And Federal Capital Improvement Project Lists
Page 44 of 55
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
launching ramp. The road will provide year around road access to Kodiak for residents of
Port Lions, Ouzinkie and much of the west side of Kodiak Island and all of Afognak Island
without having to travel around Spruce Cape.
Year-round travel by vessel to Kodiak around Spruce Cape is treacherous. Extending the
Anton Larsen Bay Road makes winter traveling safer and provides access to critical
services located in the City of Kodiak — including hospitals and businesses. The road
extension will support existing commercial operations in Marmot Bay such as Kodiak
Electrical Association hydro -electric plant, Koniag Inc. rock quarry, and Kodiak Regional
Aquaculture Association's Kitoi hatchery. Moreover, an extended road will enhance
summer and winter recreational opportunities and activities for all Kodiak residents.
The Anton Larsen Bay Road extension is envisioned as a project undertaken by the Native
Village of Ouzinkie or the Spruce Island Develop Corporation. It will be built on a road
right-of-way donated by the Ouzinkie Native Corporation and Koniag, Inc. The road
extension is also in the Sun'aq Tribe of Kodiak's road inventory. Maintenance of the
extension is expected to be by one or both tribal entities. The route is identified in the
Kodiak Transportation Plan as in important upland facility. Routing is complete and most
of the design work is finished. An environmental assessment was completed in 2020. It is
requested that this project be included in State of Alaska's State Transportation
Improvement Program (STIP). Funding will be from State and/or Federal funds with
Ouzinkie Native Corporation and Tribe providing the right-of-way and in -kind services.
Section 2: The Kodiak Island Borough administration is hereby instructed to advise our State
of Alaska Governor and Legislative Delegation of the Capital Improvement
Projects Priority List adopted by the Kodiak Island Borough Assembly.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS FIRST DAY OF DECEMBER 2022.
KODIAK ISLAND BOROUGH
wi
Aiffiee Williams, Mayor
VOTES:
Ayes: Griffin, LeDoux, Smiley, Smith, Turner
Noes: None
Absent: Arndt Delgado
Kodiak Island Borough, Alaska
ATTEST:
Nova Javier, MMC, Borougb Clerk
Resolution No. FY2023-15
Page 6 of 6
H
H
AGENDA ITEM #2.b.
Discussion Of The State And Federal Capital Improvement Project Lists
Page 45 of 55
r
L
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2023-21
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH IDENTIFYING
FEDERAL PROJECT AND PROGRAM PRIORITIES FOR FEDERAL FISCAL YEAR 2024
WHEREAS, the Alaska Congressional Delegation has requested the views of the Kodiak Island
Borough on which Federal projects and programs should be considered priorities, in no particular
order, for rural Alaskan communities and their residents.
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
The Borough submits the following FY 2024 community project/Congressionally directed
spending requests, consistent with guidance issued by the House and Senate Appropriations
Committees.
1. Kodiak Island Hospital Addition $54,390,000
The oldest wing of the Kodiak Island Borough owned hospital facility has been assessed
and found to be structurally deficient to withstand the impacts of a significant local
earthquake. Due to the age of this portion of the facility, a variety of building support
systems are failing and require replacement as well. The cost benefit analysis does not
result in favor of retrofitting this section of the building.
This project proposes to demolish the 3,200 square foot old hospital wing and construct
in its place a three-story addition that meets current seismic standards and allows the local
hospital facility to meet the needs and regulatory requirements of current and future
medical care for the island community of 13,000 people.
2. St. Herman Harbor Infrastructure Replacement. (Phase I & II) $18,000,000
St. Herman Harbor (SHH) was built by the State of Alaska in 1982 and has been a vital
facility for Kodiak's large and diverse commercial fishing fleet for 40 years. The facility
provides safe moorage for over 400 vessels from all over Alaska and the West Coast.
With the exception of a few minor upgrades over the years, the original float system is
beyond its useful life and is in need of replacement.
The proposed project would result in the reconstruction of St. Herman Harbor with the
replacement of most of its float system in four phases. Currently, the harbor has been
losing one dock per year due to aging and the elements. A dock loss results in 2 vessel
berths along with the revenue generated for the harbor. This rate of failure is likely to
increase in future years as the existing docks further deteriorate. The latest inspection
Resolution No. FY2023-21
Version 2
Page 1 of 5
AGENDA ITEM #2.b.
Discussion Of The State And Federal Capital Improvement Project Lists
Page 46 of 55
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
report shows many portions of the facility are in very poor condition. The forty -year-old
float systems suffer from failing concrete, rotting walers and bull rails, and an outdated
electrical system.
In 2022, the City contracted with PND Engineers, Inc. (PND) to prepare a St. Herman
Harbor Planning and Scoping Report that includes concept harbor layouts, cost estimates
and construction phasing recommendations. The Kodiak Island Borough is supporting the
City of Kodiak's request for $18 million to complete the first two phases.
Modernizing and expanding our port infrastructure is critical to remaining competitive in
maintaining our status as an important commercial fishing community. Waterfront facilities
and marine infrastructure are a critical element to the City of Kodiak and the State of
Alaska, supporting a large portion of the City's commerce, industry, transportation, and
recreational needs.
AND FURTHER BE IT RESOLVED that:
The Kodiak Island Borough's views and recommendations on priority Federal programs for FY
2024 are as follows:
1. Broadband Service to Rural Areas: Establishing or improving broadband service to the
Borough's rural island communities has been a high Federal priority for us for many years.
Deployment of high-speed broadband to rural areas such as Kodiak is now in the
implementation phase from a base of funding provided through the American Rescue Plan
Act, the Bipartisan Infrastructure Law and regular annual Federal appropriations. The
primary sources of funding have been or will be through NTIA's Tribal Broadband
Program; USDA's Telecommunications Infrastructure Loan Program & Community
Connect Grant Program; and the new State Broadband Grants Program created by the
Bipartisan Infrastructure Law. One of the Borough's communities — Port Lions — was
recently a beneficiary of these funds, receiving $29 million for its Broadband Infrastructure
Deployment project to install fiber optic cable connecting almost 1,000 households and
businesses. We continue to monitor GCI's fiber optic cable project — which includes the
Port Lions effort and connectivity to other Island communities -- to bring high speed
internet service to Kodiak and through much of the Aleutian Island chain. "Middle" and
last" mile investments also remain important to our villages so they can access higher
speed broadband. Should the Borough in cooperation with a local internet service provider
pursue funding at a later date with USDA's or NTIA's programs, we would request
Delegation support for our application.
2. Groundfish Surveys: Our Federal resolution last year called for maintenance of effort of
Federal groundfish trawl surveys in Alaska. This would be six surveys, one of which is
dedicated to movement of fish out of historical survey areas. The FY 2023 Omnibus
Appropriations Bill funds and directs that number of surveys. Groundfish are critical to
Resolution No. FY2023-21
Version 2
Page 2 of 5
1
AGENDA ITEM #2.b.
Discussion Of The State And Federal Capital Improvement Project Lists
Page 47 of 55
85 Kodiak fisheries, accounting for 60 percent of all our landings. Inadequate data creates
86 the possibility of reduced quotas as fisheries managers seek to control fishing effort on a
87 precautionary basis. We appreciate the Alaska Congressional Delegation's support to
88 maintain this coverage in recent years and for favorably considering the Borough's prior
89 year requests. We respectfully request that six Alaska groundflsh trawl surveys be
90 continued and funded for FY 2024.
91
92 3. Fisheries Disaster Relief: Congress has just enacted fisheries disaster relief reform
93 legislation -- the Fishery Resource Disasters Improvement Act -- that would bring greater
94 transparency and deadlines to the steps in the disaster relief determination, funding, State
95 expenditure plan development and relief distribution process. The bill also includes
96 provisions that qualify local government loss of raw fish tax revenues as eligible for
97 reimbursement from future Federal fisheries disaster relief funding. This provision is not
98 mandatory and would require the State of Alaska to include foregone fish taxes as part of
99 its fisheries disaster relief expenditure plans submitted to NOAA. Separately, the FY 2023
100 Omnibus Appropriations Bill includes $300 million for fisheries disaster relief. The Borough
101 thanks the Delegation for its support of fisheries disaster relief reform and funding. We
102 further urge that the Delegation advocate with NOAA that of the $300 million in
103 appropriations the full amount be allocated for Alaska crab disasters consistent with the
104 Governor's disaster relief requests.
105
106 4. North Pacific Observer Program: Observers are an important part of managing the
107 halibut and groundfish fisheries in the Gulf of Alaska. Gulf of Alaska fishery participants
108 pay into the North Pacific Observer Fund to cover the costs of "partial coverage" for Gulf
109 fishing sectors but there has been a shortfall in funding to cover observer costs in recent
110 years. The Congress did not include the increase in funding for the program that the
111 Brough requested last year but did include instructions to mitigate the cost impacts on the
112 small vessel fixed gear fleet while the fishery undergoes the transition to electronic
113 monitoring and reporting. We request that an additional $2 million in funding be provided
114 in FY 2024 above base funding along with carryover of language concerning the cost-
115 burdens on the fleet.
116
117 5. U.S. Coast Guard Base -- Kodiak: The FY 2023 Omnibus Appropriations Bill includes
118 105 million for USCG Base Kodiak for the pier project to be ready for the Offshore Patrol
119 and Fast Response Cutters. These funds are in addition to the $130 million for fuel pier
120 recapitalization and $40 million for Phase IV housing at the base from the Bipartisan
121 Infrastructure Law. This is very good news for the Base and Kodiak as we ready for the
122 eventual of homeporting of two each of the new Fast Response and Offshore Patrol
123 Cutters. In addition to these vessels, the Borough is very interested in Kodiak being a
124
125
homeport for a new icebreaker(s). We recognize the destinations for the existing
commercially available ice breaker, assuming its purchase is funded in FY 2024, and the
126 three new heavy icebreakers yet to be built are likely to be Juneau and Seattle,
127 respectively, but we believe Kodiak would be a logical destination for one or more of the
Resolution No. FY2023-21 Page 3 of 5
Version 2
AGENDA ITEM #2.b.
Discussion Of The State And Federal Capital Improvement Project Lists
Page 48 of 55
128 new medium class icebreakers. The medium class icebreakers are part of the Coast
129 Guard's plans but have yet to be designed and funded. We very much appreciate the
130 Delegation's support for the Base as a homeport for the new vessel classes and urge
131 continued advocacy as future Coast Guard decisions are made, including future
132 icebreaker homeporting.
133
134 6. Payment-In-Lieu-of-Taxes (PILT): PILT is a very important revenue source to the
135 Borough, given that there are over 2.8 million acres removed by the Federal Government
136 from local taxation within our boundaries. This is land that would otherwise be available
137 to the private sector to develop, creating jobs for the residents of Kodiak and our rural
138 Kodiak Island communities. PILT funds supplement Borough resources to provide basic
139 social services, including medical facilities, emergency fire and rescue services, roads,
140 and schools to our island communities. The FY 2023 Omnibus Appropriations Bill provided
141 full funding for PILT. We thank the Delegation for its long-standing support for PILT and
142 urge continued support for full funding in the FY 2024 appropriations process.
143
144 7. National Wildlife Refuge Fund ("Refuge Revenue Sharing"): While not as significant
145 as PILT, the National Wildlife Refuge Fund is a critical source of replacement revenue to
146 communities like ours that have the presence of a large Federal wildlife refuge within their
147 boundaries. Both the Trump and Obama Administrations sought to zero out its funding.
148 The Biden Administration in its FY 2023 budget request also sought to terminate
149 appropriations for the program. Fortunately, Congress rejected the request and included
150 level funding for the program in FY 2023. The Kodiak Island Borough opposes the
151 termination of appropriations for this important program. The Borough thanks the
152 Delegation for its on-going support and seeks continued level funding in FY 2024.
153
154 8. Essential Air Service (EAS): The Borough's communities are highly reliant on the EAS
155 program, its support to air carriers and its requirements for island community service.
156 FAA programs including EAS are due to be reauthorized in this Congress. The debate on
157 FAA reauthorization is typically when Congressional critics of EAS emerge citing the
158 program as a "wasteful corporate subsidy" to the profitable major airlines and seek to
159 either eliminate the program or enact detrimental changes. They overlook the program's
160 support for air routes that are served by smaller carriers or the fact without the EAS
161 subsidy, the major airlines would either terminate service, reduce it, or raise fares. We
162 urge the Delegation to oppose efforts to cut EAS funding or "reform" the program in ways
163 that would harm air serve on our island.
164
165 9. U.S. Military Arctic Presence: The Borough appreciates the Delegation's sustained effort
166 at urging and directing the Department of Defense to further examine the Arctic's strategic
167 interest to the U.S. This past year the Biden Administration released its strategic blueprint
168 and plans (the National Strategy for the Arctic Region) for the Arctic. It has a number of
169 worthy goals and objectives but like predecessor plans from prior administrations lacks
170 details on specific activities and U.S. investments in the Arctic. Meanwhile, Russia and
Resolution No. FY2023-21 Page 4 of 5
Version 2
AGENDA ITEM #2.b.
Discussion Of The State And Federal Capital Improvement Project Lists
Page 49 of 55
r
L
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
China continue to aggressively push their security interests in the region as evidenced last
year by the joint convoy of their military vessels that entered the U.S. EEZ in the Bering
Sea. As has been included in our past Resolutions, selection of Kodiak as a potential
military base or staging area as the U.S. expands its security presence in the Arctic is a
long-term goal for the Borough. We understand this is a multi-year effort, but the Borough
urges that Kodiak stay under consideration with the Delegation and Department of
Defense for future Arctic security investment.
BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that:
the Kodiak Island Borough administration is hereby instructed to advise Congress and the
appropriate agencies of the United States Federal Government of the Capital Improvement
Program and other Federal program priorities adopted by the Kodiak Island Borough Assembly.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SECOND DAY OF FEBRUARY, 2023
KODIAK ISLAND BOROUGH
Aimee Williams, Mayor
VOTES:
Ayes: Delgado, Griffin, Smiley, Smith, Turner
No: LeDoux
Absent: Arndt
Resolution No. FY2023-21
Version 2
j
Nova M. Javier, MMC, Bor} Wgh Clerk
Page 5of5
AGENDA ITEM #2.b.
Discussion Of The State And Federal Capital Improvement Project Lists
Page 50 of 55
Kodiak Island Borough
OFFICE of the MANAGER
710 MillBay Road
Kodiak,Alaska 99615
Phone (907)486-9301
TO:Kodiak Island Borough Assembly
FROM:Aimee Williams
RE:Managers Report,October 12,2023
Manager's Department
Staff Recruiting —
o A second in-person interview was held today for our open planner position.The
candidate was on island for the interview to experience Kodiak.
The in-house notification for our Accounts Payable Technician was put out
yesterday.
State Lobbyist —The visit from Mark Hickey is scheduled for the work session on
October 26,2023.The focus will be the CIP list.Mark plans on ?ying into Kodiak on the
26“‘but will also be here on the 27"‘to meet with interested parties.
KIBSD —I met with the KIBSD Superintendent,and we reviewed the March 2015
Memorandum of Understanding of ln-Kind Services.We also talked about the 1999
Alaska School Facilities Preventative Maintenance Handbook.This version is still in
effect,as it has not been updated since then.We both agreed that we need a better-
defined process for maintenance that District completes and major maintenance that the
Borough completes.We discussed the merits of having a School Maintenance Advisory
Board that parallels what we have done with the Hospital Facilities Advisory Board.
—The contract amendment is reviewSolidWasteSub-committee.Hazard Mitigation Plan
—Attended a meeting with James Dixon and Chris French fromtheCommunityDevelopmentDepartment.This was a question-and-answer sessionwithSLRGroup.Next steps for this plan will be to determine how to fund the plandevelopmentandcreateaRFPI AGENDA ITEM #4.a.Borough Manager's ReportPage 51 of 55
.vm>_o>c_w.mt?mm__v_ms...m.2om.EooSou..mc__:uw;ow=:oE_u
coonmm:w_om__m>mEm5:8__m65co_.moE.m>.$>_..m23.8.comc:_w>>v
nwN__m.c=ma?aw_coz?mE.$9539:ho._maw._mc_..2.:.2_.o=mc__o.ooo
.vw_:uwcomma29..wzmco.>mc222._.o_mwmmmc_:..m_q
co=8_._E%_Em.9._.oo..8_%o..Am<m_.meeam_8§..os<9.__o__:mom_n_v_
.co_._moacozaoom.283mm.0>>mv_mmsom?2
xwmz,.xo..xm_uov_5an2_occom.wqA<mOvco_..m...m_c_:.v<mmo_>.mwEwE_..w>o0
«Now
.m.wnEo>ozmncwuo_.wQ.sw_>om_.>:mw>m.._>9:Esocmo__n:a_m..wcwmma.ucmmeocwmmmv_mSo£8:82mEoEEoo.2cmao26:m_ucmvmozoco__n_..acwwp
mm...omE.2new..mwc.wEmu.:90.::.:®n__m:u_>_2._:m.n_n._E.mn_mm.m;ow_o.
.oEv_
.mo:mcoE_mE\m._maw.E993.o_v__._.qwSaws2mzmcom_o._n_.o_>m.._..
.Em>m_2mm>>m:o_o.m.Nm_._9.:EmEw.._.0wmoqm?289.2..ton.E0...
mm..mms>m:ou.mNm_.__o_o.._om_..o...c?tmo.6_m>oEm.m5wN_:mm.o2minmm;<z<v_
qEm.mE.maw_£2Q5._.o_mw.9:.29._::m_qEmma,v__omco<z<v_£_>>9.2.95
cowsmm;m__x.v_mo>>.mm_cm..:oooEm>m_2mm>>w:ov.mNm._.__m_o.mEEoo9:.
..wnEo>oz.o.8200c_wm>_..m.2m.>moxm
26:or:__E:oo_>.mm:__._wEm.___>>cmcom.mE.2U920..2m>moxmvcoomm.
I___===w4
.>>w_>m.2OGEEEOO..om..coo
9329:new>mc.oumm5.2$20:£_.s?ombcoom52EwE_u..mEmucooom9...
norm...mm;tmum.2_uwuomoqoauo>>m_>w.ucm8:.mm;t?mIaombcoo8ma>>_u__om
mw=___o~u_.25:_.aa:_cm
wmm.oco_.<c_mmczwwc..__>_<vcm<_>_.>_<.2w-m.w2..mowo
mEmEE_oaam_mo_umE>__E2.2w-».woEm>oz
co=mom>.2.mm-m—.m52oO
I_o>a.._.m:_Eoon:
.mxmm_<Eas
9._>>o..mo.mm.2o2mmo?>>O..._:9:newm??mv9_c:9:mczowtmm_._.50::9:van
>Eocoow_wno_m9...co:o=mEomm.a89¢m9%..m_Eocoom_.620w.E_.£.oz...oN_.oc
9:.o>omE2_.2m.mQm.a2ocovoncmo8:;new>Eocoow2:2o99%9:Scam
xcmmE_.£.oz.3coSqmczomc._mco_.mE.2.._cm_oou_.ou<Im:=oo_>_xcmmE_.£.oz AGENDA ITEM #4.a.Borough Manager's ReportPage 52 of 55
Swimming Pool —A discussion was held with staff specific to the concerns expressed
by the assembly.A planning session will be scheduled for the three entities that
participate in the operation and maintenance of the pool.
KIBSD —
o North Star Windows &Siding Phase 2 —Final completion on all work has been
completed except for the replacement hardware on the gym doors.Waiting for
the Contractor to provide the correct hardware.
East Roof Proposal Package —Work has been ordered.
North Star Roof Replacement and Skylight Replacement —Work has been
ordered.
Karluk and Larsen Bay -Replacement parts are on order for planning of a final
repair trip to these two facilities.
Leachate Treatment Plant —Work is progressing.Contractor,equipment
manufacturing company,engineering firm,and KIB staff have been on site for startup.
Stage 3 Closure —Final rock quantities have been provided to KIB.Anticipate
completion and submission of close out documentation as required.
Bayside Fire Department —Repair of the sprinklers in the apartment has been fully
completed,to include the drywall patching as of October 6"‘.
Health and Facilities Advisory Board —Meeting scheduled for October 30,2023.
Anticipating an update on the SPD (Sterile Processing Department)renovation
requirements.
Borough Building —Heat was returned to the building September 22"“with the fuel oil
boiler.Work has continued to install the electric boilers;all underground electrical has
been laid and is now filled in.LONG Tech is almost complete with their installation
phase for the controls and monitoring systems for the new boilers.External concrete
work is in the beginning stages and is projected to be completed October 215‘.With the
temperatures dropping the contractor has been reminded of the precautions they need
to take to protect the concrete from possible inclement weather.
The facility staffing will be reviewed and discussed pertaining to next year for budgetingpurposes.AGENDA ITEM #4.a.Borough Manager's ReportPage 53 of 55
.w.w_QEooo.w9ow._o.q..o>w_mhom:_zdz..mm_o
22..2.m_..mIE0:3.0%.mczmmzcm.csmmnmm...m_._mmmww<.:o=m:.mEw_aE_.w_>._.
.2338..sw_>m.Em:camuw_E.mo
mm;__o.9:.o2muo..:ooo.9:$955>.o>oom_v26...9__...8m.._o__:n£_>>mo_..mQo.q
cox.o.s2m.._..:_monm_m_._mmwmm<....mmmcmwnm>m..Em.._mw_..wao.a9.:Boxoom
>_2m:._xo.aa<.mm.mm>o0>.2_mw9:c_wcovom_mmm;x.o>>v_m_u____o>>9.2.02m.m
mu.m2won_._‘..o_..m_n_mo_>._mm_.._x.o.sEm:vmoN>u_mwzczcoo9._mwwmm<Ix.o.s_o_o_u_
.co:m_...2c_m:9,52.mmoN.3.wnEoowo__E:w>mc9..8__&<.mm>__wmEm£
mo_ton_u_n_me:89:00m._.8__.__%9.:ES.uomwmooawe..o....moum...cum9:E2.
coco=mE.2c_m_._._m>>mm.m95E5m_.o_..mo__qqmm_._c..Sm§oO>3o.m.m.w.._._.I__om_xa._.
.9____o8_o
m£o.2on_98“.onSoum__mEwe___>>.9...>o\om__m.2.wvc_Eo.Emu?oa>5:m
m.._cm_mmum_o:_mmmmm<-m:o_EEoxm99w:m._3a>uo_nmm_n_\.09m:mN_:o.o_:wm
$9.20wocm.._n.o9._E8%2was
Eonco>=_.m..:ov..9.m:cm2._8__&mN.sw_>w.2m__mom.:O.mco_EEwxm58.E05
-co:\mmwsmzn.2?mmsaw.9..cox.o.s2mw_.=._Eoot?mm.._mmmww<Imco_EEoxm
|u—._¢F_u..NOD.._mmamm<
.$_.o>amc9._om§Eucm.9._..a_._.oo.mc=oocmw_n:o..m.w>oo..oE.s
_..o=mo_E.oo+x.o>3mz<_._.9:002:umc.momm...optsm__mn__omco__>_2m.h.m:oo
mE9m>m._._.30c_m..-mmo.o2totwuotwocoommc_:c_Eoo
q:-:_qw_.o==oomn_._.._05.2toaqsm._._m.._v_>o.n_
w_mmm:_a.:mm_v_9._:.ooa:9:.2m.._.m%.n_
:o_._m:m..3m.sooc_>>.:o.0mam.mm.9.:mc_..m_c_u_
mm:cm:o.om_newo__n:a.2m_o29._..%Em_Omc_.c__qE_mucm9__.mmm._8<
..o_.mE2:mqzxomno.3o:..mm..E_v_.o>>.w_.oc_N__m_._u_
.2om.__u._._3m:9....29._&o.n_.._._
.xwm.s:8:..2m___>>..o_._moaEmom>
ms..2m.._m_..w>_u<.wv.m>>o_ms.22moo_m.>9:mmm_o>m...2mm>__E2.9.can.9.cm_.s
newcm_o_ccom.rm_nm>m.n_mE:ooo<.30.6co_.m..m_wo.9:uw?moom>_Em..o:_mmItmum
...mo.2.._ucmmm_._m:mau_o>m2amp.3080.3
uw._:co.w_mox?BEoE>mQ=2.53.m:m:<.5EwE>md:9.mmisc..0:Euo_._.smmo?
.on_dmow6...mn2oO.>m.u_.o_>_m_£m_m..__vmmux9>..wqo.q:82Imoxm._.>twn_o.n_
..:>:oEtmonau:a:_u_AGENDA ITEM #4.a.Borough Manager's ReportPage 54 of 55
Short term rentals -Assessing is preparing data for the short-term rental discussion on
October 26 with the Assembly.This includes adding more Business Personal Property
(BPP)accounts into the system.Assessing will then notify Finance and the City of
Kodiak to ensure additional fees associated with short term rentals are being collected
and CDD to ensure zoning compliance.
Community Development —
Planning &Zoning Commission —The Commission held a work session on October
11,2023.The discussion focused primarily on potential changes to the accessory
dwelling unit provision of the zoning regulations.
PRO-Housing Grant —Staff has received a few comments on the grant in writing and
over the phone.The Kodiak Island Borough School District provided a letter of intent to
partner with the Borough on the grant.Staff anticipates that additional agencies will
provide similar letters.
Comprehensive Plan —Started the foundational work to create a timeline to update the
plan.AGENDA ITEM #4.a.Borough Manager's ReportPage 55 of 55