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2023-10-19 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, October 19, 2023, 6:30 p.m. This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. Page 1.INVOCATION 2.PLEDGE OF ALLEGIANCE 3.STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4.ROLL CALL 5.APPROVAL OF AGENDA AND CONSENT AGENDA All items listed marked with an asterisk (*) are considered to be routine and non-controversial items by the Assembly and will be approved by one motion. 6.*APPROVAL OF MINUTES A.Special Meeting Of September 26, 2023 And Regular Meeting Of October 5, 2023 Assembly Minutes 4 - 9 7.CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Please call 1(907) 486-3231 or toll free 1(855) 492-9202 8.AWARDS AND PRESENTATIONS 9.COMMITTEE REPORTS 10.PUBLIC HEARING Please call 1(907) 486-3231 or toll free 1(855) 492-9202 Page 0 of 223 A.Public Hearing On The Kodiak Island Borough's Application To Pathways To Removing Obstacles to Housing (PRO Housing) Agenda Item Report - Pdf 10 - 56 B.Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rules and Regulations Agenda Item Report - Pdf 57 - 78 C.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 Agenda Item Report - Pdf 79 - 84 11.BOROUGH MANAGER’S REPORT A.Borough Manager's Report 2023-10-19 Borough Manager's Report 85 - 89 12.MESSAGES FROM THE BOROUGH MAYOR 13.CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14.CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A.CONTRACTS 1.Contract No. FY2024-21 Approving An Updated Fire Protection Agreement Between Kodiak Island Borough Airport Protection District and the Womens Bay Fire Protection District Agenda Item Report - Pdf 90 - 101 14.B.RESOLUTIONS 1.Resolution No. FY2024-09 Ratifying And Certifying The Results Of The October 3, 2023, Regular Municipal Election Agenda Item Report - Pdf 102 - 110 14.C.ORDINANCES FOR INTRODUCTION 1.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 Agenda Item Report - Pdf 111 - 158 Page 1 of 223 2.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) Agenda Item Report - Pdf 159 - 204 14.D.OTHER ITEMS 1.Administration Of Oath Of Office To Newly Elected Officials Agenda Item Report - Pdf 205 - 213 2.Presentations To Outgoing Assembly Members Delgado And Smith Agenda Item Report - Pdf 214 - 216 3.Confirmation Of Assembly Appointment To The Womens Bay Service Area Board Of Mr. Travis Cooper Agenda Item Report - Pdf 217 - 223 15.CITIZENS' COMMENTS 16.ASSEMBLY MEMBERS’ COMMENTS 17.ADJOURNMENT 18.INFORMATIONAL MATERIALS ___________________________________________________________________ This meeting is open to the public and will be broadcast on KMXT 100.1 FM and 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 2 of 223 Kodiak Island Borough September 26, 2023 Assembly Special Meeting Minutes Page 1 of 2 KODIAK ISLAND BOROUGH Assembly Special Meeting September 26, 2023 A special meeting of the Kodiak Island Borough Assembly was held on September 26, 2023, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough Manager Aimee Williams and Borough Clerk Nova M. Javier. ROLL CALL Present were Mayor Scott Arndt, Assembly members Joseph Delgado, Jared Griffin, Scott Smiley, Geoff Smith, and James Turner. SMILEY moved to excuse Assembly Member LeDoux and Sharratt who were absent due to personal leave. ROLL CALL VOTE FAILED THREE TO TWO: Smiley, Smith, and Delgado (AYES); Griffin, and Turner (NOES) CITIZENS COMMENTS • Carlene McChesney spoke under citizen’s comments. CONSIDERATION OF MATTER(S) IN THE CALL FOR THE SPECIAL MEETING A. EXECUTIVE SESSION Discussion Of Litigation Strategy Regarding Kodiak Area Native Association v. Kodiak Island Borough, Case No. 3 KO-21-57CI SMILEY moved to convene into executive session to discuss litigation strategy regarding Kodiak Area Native Association v. Kodiak Island Borough, Case No. 3 KO- 21-57CI Under The Authority Of KIBC. 2.30.030 (F)(1)(A) To Which The Borough Is A Party And To Provide Direction Regarding That Litigation. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO ONE: Smiley, Smith, Delgado, and Griffin (AYES); Turner (NO) SMILEY moved to invite the Mayor and Assembly into Executive Session as well as the Borough Manager, and the Borough Clerk. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Arndt recessed the special meeting and convened the executive session at 6:38 p.m. Upon returning from the executive session, Mayor Arndt reconvened the special meeting at 7:45 p.m. and announced that direction was given to the Borough Manager on how to proceed with this litigation. AGENDA ITEM #6.A. Special Meeting Of September 26, 2023 And Regular Meeting Of October 5, ...Page 4 of 222 Kodiak Island Borough September 26, 2023 Assembly Special Meeting Minutes Page 2 of 2 ADJOURNMENT SMILEY moved to adjourn the meeting at 7:46 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: Scott Arndt, Borough Mayor Nova M. Javier, Borough Clerk AGENDA ITEM #6.A. Special Meeting Of September 26, 2023 And Regular Meeting Of October 5, ...Page 5 of 222 Kodiak Island Borough October 5, 2023 Assembly Regular Meeting Minutes Page 1 of 4 KODIAK ISLAND BOROUGH Assembly Regular Meeting October 5, 2023 A regular meeting of the Kodiak Island Borough Assembly was held on October 5, 2023, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough Manager Aimee Williams, Assessor Seema Garoutte, Finance Director Dora Cross, Borough Clerk Nova M. Javier, and Assistant Clerk Irene Arellano. 1. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Arndt led the Pledge of Allegiance. 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL Present were Mayor Scott Arndt, Assembly Member Joseph Delgado, Jared Griffin, Larry LeDoux, Geoff Smith, Ryan Sharratt, and Scott Smiley. SMILEY moved to excuse Assembly Member Turner due to medical reasons. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF AGENDA AND CONSENT AGENDA SMILEY moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. *APPROVAL OF MINUTES A. Special Meeting Minutes Of September 14, 2023 And Regular Meeting Minutes Of September 21, 2023 7. CITIZENS' COMMENTS The following spoke under citizen’s comments: • Dora Cross, Finance Director • Dan Rohrer 8. AWARDS AND PRESENTATIONS A. Proclamation Declaring Filipino American National History Month AGENDA ITEM #6.A. Special Meeting Of September 26, 2023 And Regular Meeting Of October 5, ...Page 6 of 222 Kodiak Island Borough October 5, 2023 Assembly Regular Meeting Minutes Page 2 of 4 Mayor Arndt proclaimed the month of October as Filipino American National History Month and urging all citizens to participate in the festivities celebrating the rich heritage and traditions of the Philippine Islands. Kodiak Fil-Am President Mark Vizcocho will be receiving the proclamation. 9. COMMITTEE REPORTS • Mayor Arndt provided a report on the Joint Building Code Review Committee between the City of Kodiak and Kodiak Island Borough meeting on October 4, 2023. The committee started reviewing the different building codes the State of Alaska has adopted. 10. PUBLIC HEARING – None. 11. BOROUGH MANAGER’S REPORT Borough Manager Williams provided a manager’s report, and it was included in the meeting packet. 12. MESSAGES FROM THE BOROUGH MAYOR • Mayor Arndt met with the Department of Environmental and Natural Resources Conservation District Official and offered funding to the Kodiak Fisheries Research Center Receptionist position to help keep the touch tank open. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 14.B. RESOLUTIONS A. Resolution No. FY2024-08 Approving The Assembly Meeting Calendar For The Year 2024 SMILEY moved to adopt Resolution No. FY2024-08. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, LeDoux, Sharratt, Smiley, and Smith. B. Resolution No. FY2024-10 Designating The Temporary Administrative Official During The Absence Of The Borough Manager SMILEY moved to adopt Resolution No. FY2024-10. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Sharratt, Smiley, Smith, and Delgado. AGENDA ITEM #6.A. Special Meeting Of September 26, 2023 And Regular Meeting Of October 5, ...Page 7 of 222 Kodiak Island Borough October 5, 2023 Assembly Regular Meeting Minutes Page 3 of 4 14.C. ORDINANCES FOR INTRODUCTION A. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rules and Regulations SMILEY moved to advance Ordinance No. FY2024-06 to public hearing at the next regular meeting of the Assembly. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux, Sharratt, Smiley, Smith, Delgado, and Griffin. B. 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 SMILEY moved to advance Ordinance No. FY2024-07 to public hearing at the next regular meeting of the Assembly. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Sharratt, Smiley, Smith, Delgado, Griffin, and LeDoux. 14.D. OTHER ITEMS A. Confirmation Of Mayoral Appointment To The Parks And Recreation Committee Of Mr. Pisa Faumui SMILEY moved to confirm the Mayoral appointment of Mr. Pisa Faumui to the Parks And Recreation Committee for a term to expire December 31, 2024. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Smith, Delgado, Griffin, LeDoux, and Sharratt. B. Confirmation Of Assembly Appointment To The Monashka Bay Road Service Area Of Mr. Thomas Lance SMILEY moved to confirm the Assembly appointment of Mr. Thomas Lance to the Monashka Bay Road Service Area for a term to expire October 31, 2025. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Delgado, Griffin, LeDoux, Sharratt, and Smiley. 15. CITIZENS' COMMENTS Carlene McChesney spoke under citizen’s comments. 16. ASSEMBLY MEMBERS’ COMMENTS • Assembly member Delgado remembered hometown and stressed the importance of knowledge of the past that needs to be passed on to the future. AGENDA ITEM #6.A. Special Meeting Of September 26, 2023 And Regular Meeting Of October 5, ...Page 8 of 222 Kodiak Island Borough October 5, 2023 Assembly Regular Meeting Minutes Page 4 of 4 He advocated for Native people and natives of any country to run for boards and committees. • Assembly member Griffin thanked everyone in the community who voted, and he also thanked the election workers, clerks, and the canvassing board. He encouraged the Assembly Members to use NAC resources which focus on housing affordable housing and PILT. • Assembly member Smith thanked the Clerk’s office staff and the election workers. He appreciated the effort and time for running a successful election. • Assembly member LeDoux thanked the Borough Clerk and praised her management of the elections. He also thanked the election workers and appreciated Mr. Vizcocho’s comments. He mentioned the indigenous people and his reasons for liking Kodiak. He also thanked the Borough Manager for the job she is doing. • Assembly member Smiley thanked the people that ran for office. One of his household members ran for office and he mentioned it was incredibly humbling. He said hats off to everyone that ran for office. • Assembly Member Sharratt gave his deepest condolences to Major Dave Davis for his recent loss, he announced Lola Davis’ services at the Salvation Army. He congratulated the entire Filipino American community for the Proclamation Declaring Filipino American National History Month and would love to see these proclamations displayed with pride in the Borough building. He also thanked Pastor Pisa and Tom Lance for steeping up to serve on the boards and commissions. Lastly, he thanked the election workers and appreciated everyone for being upbeat and positive during the election process. 17. ADJOURNMENT SMILEY moved to adjourn the meeting at 7:20 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: Scott Arndt, Borough Mayor Nova M. Javier, Borough Clerk AGENDA ITEM #6.A. Special Meeting Of September 26, 2023 And Regular Meeting Of October 5, ...Page 9 of 222 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 19, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT:Public Hearing On The Kodiak Island Borough's Application To Pathways To Removing Obstacles to Housing (PRO Housing) ORIGINATOR:Aimee Williams, Borough Manager RECOMMENDATION: The Mayor is to open public hearing for the application to PRO housing. DISCUSSION: Housing and Urban Development (HUD) recently issued a preview of an upcoming Notice of Funding Opportunity — Pathways to Removing Obstacles to Housing (PRO Housing). Through competitive grants, HUD will provide $85 million in funding for communities across the country to identify and remove barriers to affordable housing production and preservation. PRO Housing supports communities that are actively taking steps to remove barriers to affordable housing, such as barriers caused by outdated zoning, land use policies, or regulations; inefficient procedures; gaps in available resources for development; deteriorating or inadequate infrastructure; lack of neighborhood amenities; or challenges to preserving existing housing stock such as increasing threats from natural hazards, redevelopment pressures, or expiration of affordability of efforts the funding highlights This requirements. first-of-its-kind communities that have committed to housing-forward policies and practices. Before submitting to HUD, applicants must publish their PRO Housing application or amendment The requirements streamlined comment. public entirety its in for mandate at least one public hearing for the application and for each substantial providing least (at notice reasonable require 15 and amendment and a days) opportunity for public comment and ongoing public access to information about the use of grant funds. Notices of public hearing for the application were advertised on September 29, October 4, 2023, and October 11, 2023, in the Kodiak Daily Mirror. A notice was also posted on the KIB Facebook page. The Borough webpage for the grant application can be found at https://www.kodiakak.us/755/PRO-Housing-Grant The draft grant application documents have been attached to this agenda item and can also be found on the Borough webpage listed above. The final grant application must be submitted to HUD by October 30, 2023. ALTERNATIVES: FISCAL IMPACT: AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 10 of 222 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 19, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough OTHER INFORMATION: AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 11 of 222 Exhibit A Executive Summary Kodiak Island Borough AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 12 of 222 The Kodiak Island Borough is a second-class borough in the State of Alaska, located in the Kodiak Island Archipelago in the northern portion of the Gulf of Alaska, approximately 287 miles south of the City of Anchorage. The borough consists of 16 major islands paralleling the Katmai Coast along the Alaska Peninsula, approximately 177 miles in length. The borough contains 3,588 square miles of land and ocean area. Kodiak Island contains the major population centers within the borough and is the second-largest island within the United States. The City of Kodiak is the largest population center; however, the borough contains nine smaller communities, including Akhiok, Aleneva, Chiniak, Karluk, Larsen Bay, Old Harbor, Ouzinkie, Port Lions, and Womens Bay. Five of these are incorporated second-class cities. In total, the borough population is approximately 13,000. Kodiak is the transportation hub for southwest Alaska. Kodiak's fishing port is the largest in the state and ranks among the top in the country. Kodiak is also home to the largest United States Coast Guard base and the first privately owned rocket launch facility. In addition, the tourism industry is a growing sector of the local economy. Kodiak is best known for its most famous residents, the Kodiak brown bear. According to numerous news outlets, housing advocacy groups, and public policy think tanks; America is in a housing crisis. The biggest cause is a lack of housing supply. The Kodiak Island Borough has a housing problem just like the rest of America; however, the housing crisis in Kodiak is exacerbated by the higher costs of living in Alaska and the remoteness of Kodiak. In May 2022, the Kodiak Island Housing Authority published the Kodiak Island Borough Housing Needs Assessment (referred to as Needs Assessment in this document). This document is intended to serve as a resource for the community to identify housing needs as well as the housing-related impacts on employment and the local economy. The Needs Assessment identified 4,271 households within the borough with 2,604 of those households located within single-family dwellings or 61 percent of the total dwelling units in the borough. Middle housing dwellings such as duplexes, triplexes, and fourplexes make up about 20 percent of the units. Condominiums, zero lot line developments, planned use development, and business-related units make up only 1 percent of the total number of units. The remaining units are located within a larger multi-family residential development. In addition, Kodiak includes 11 properties that make up a total of 373 low-income housing units. The Needs Assessment reviewed housing costs within the borough. The median monthly mortgage on the Kodiak Road System is $2,070, which is seven percent higher than the statewide median of $1,933. Median rental rates in the borough are $1,200 versus $1,045 statewide; 15 percent higher than the state median rate. In addition, more than 28 percent of Kodiak households are "cost-burdened," meaning they spend 30 percent or more of their monthly income on rent or owner costs. That equals 1,007 cost-burdened households in Kodiak. The Needs Assessment included a survey of Kodiak Island residents. The survey had several key findings. Kodiak residents recognized how challenging the local housing market is; 77 percent rated the affordability of homes for purchase as poor or very poor. Similarly, 71 percent rated the affordability of rental housing as poor or very poor. Availability of homes to purchase was also AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 13 of 222 rated poor to very poor by 70 percent of respondents. Rental unit availability was rated poor to very poor by 57 percent of respondents. The survey also included questions regarding barriers to housing development. The top barriers listed in survey responses were the cost and availability of land and the cost of infrastructure (sewer, water, etc.). Building codes and restrictive zoning were also identified as barriers by many survey respondents. The survey also asked for potential solutions to these development challenges. The top responses were releasing more lands for housing development, road construction to access areas for new housing development, and exploring public/private partnerships for housing development. Less popular solutions were public funding for subdivision development and tax breaks for developers, both of which were supported by around 50 percent of respondents. Other regulatory solutions were also discussed in the survey. The strongest support among respondents to increase housing availability was to reduce restrictions on accessory dwelling units. More than 50 percent of respondents opposed zoning changes to allow increased housing density. In addition, more than 50 percent of respondents opposed increased regulation of short- term rentals and reducing minimum lot sizes. Interviews of Kodiak realtors, property managers, employers, health care and social service providers, U.S. Coast Guard personnel, low-income housing providers, college personnel, village representatives, and others with knowledge of the housing market were conducted. The interviews provided additional input on housing demand and barriers to increasing housing availability. All interviewees described the single-family residential housing market as very tight. All interviewees also stated that there are few homes available, and prices have increased significantly over the last five years. Interviewees stated that there is a significant lack of affordable housing for first-time home buyers. Interviewees stated that there is a need for new single-story senior housing and that older residents are looking to downsize but cannot find the housing. Duplexes were also discussed as being in short supply. Interviewees also discussed the rental market and availability as variables over the last decade. Overall interviewees stated that the rental market is tight. Regarding barriers to housing development, interviewees stated that the following were the primary issues; land availability, cost of utilities (water and sewer), construction cost for new homes, and short-term rentals. Barriers to an adequate supply of rental housing included the purchase of multi-family properties by employers for housing, conversion of rental units to short- term rentals, and the need for housing not provided on the US Coast Guard base as the number of personnel increases based on current plans for the base. A related issue briefly identified in the Needs Assessment was zoning and regulatory barriers. Nationally, there is a need for zoning reform, especially concerning housing. According to the housing advocacy group, Up for Growth, the nation is 3.79 million units shy of its housing needs. The National Association of Realtors noted that over the past few years, 98 percent of the nation's metro areas had home prices rise an average of 98 percent, reaching an average of $400,000. Harvards's Joint Center for Housing Studies found that rental vacancies had hit an all- AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 14 of 222 time low in 2021, with the increase in recent housing development unable to keep up with demand. The discussion on zoning reform and housing points to a systemic failure in zoning regulations after the population boom post-Second World War. The post-World War Two housing is long gone; the government is not investing in homeownership via the GI Bill and the Federal Housing Authority, new mortgage options have shrunk because of the Great Recession, and we no longer see vast government investment in the creation of new interstates and highways. In recent decades the creation of new housing has been restricted, whether it be by increased labor and materials costs, restricted lending practices, more restrictive building codes, or land use policies it is hard to point to one over the other. However, restrictive land use regulation does play an important role in further restricting new housing in the nation. Therefore, many cities and counties around the country are looking at these land use restrictions, which has spurred the idea of zoning reform. Zoning reform has become a major focus of planning and community development departments around the country. According to the American Planning Association, there are six tactics decision-makers at local and state levels are reviewing when discussing zoning reform. One is opening single-family zoning to other housing options. Two is reducing parking minimums to minimize the cost of parking for new residential development. Three is promoting missing middle housing to provide additional housing choices beyond single-family residential or larger multi-family residential development, such as allowing accessory dwelling units. Fourth is zoning regulation amendments to make it easier to reuse non-residential development for residential use. Five is embracing state preemption to allow the state to mandate certain development types be legal and minimize the impact of private deed restrictions or the influence of anti-development groups. Another aspect of zoning reform that is overlooked because of the need to address the housing crisis is equity. An equity review of a zoning regulation is important to point out issues of fairness in the zoning regulations and zoning processes. Equitable zoning has become an increasingly important part of new comprehensive plans to ensure that all citizens can participate in the zoning process and that existing zoning regulations are reviewed through the lens of environmental and social justice goals. In Kodiak, the current comprehensive plan was adopted in 2008 and has not been reviewed or updated since. The remote nature of the borough and the COVID-19 pandemic all contributed to limiting the Department of Community Development staff to a level where an update to the comprehensive plan was infeasible. Today, the staffing level is such that a comprehensive plan could begin with assistance from a consultant. As noted in the Housing Needs Assessment, the borough has an increasing need for new housing units at a currently unavailable price point. One of the factors in limiting new housing is land use regulations. Currently, the borough has approximately 4,139,000 acres of land zoned for residential use. The percent of residentially zoned land that is limited to single-family residential use is approximately 95.76 percent. As with most of the country, this is a large percentage of land zoned for residential development that limits housing choices to single-family residential use only. Like many boroughs in Alaska, the amount of land owned by government entities further restricts the land available for residential AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 15 of 222 development. For example, the Conservation Zoning District in the borough comprises more than 95% of all land in the borough, or 4,134,047 acres; government-owned land makes up more than 95 percent of this area. Therefore, this further restricts where housing can be developed. Lack of utilities such as public water and sewer restrict development as pointed out in the needs assessment. Lastly, the cost of construction has gone up across the nation. Kodiak already had higher construction costs because of the remote nature of Kodiak Island to the rest of the country. Therefore, any further increase in construction costs only intensifies the negative impact on housing development. The Borough government tried to expand housing choices in single-family residential areas in 2019 when it created an accessory dwelling unit (ADU) ordinance to allow for ADU construction. This ordinance allowed ADUs as a use of rights in some zoning districts and others as permitted with a conditional use permit. Since 2019 very few ADUs have been approved by the Borough; approximately three ADUs were approved administratively and three were approved through the conditional use permit process. This grant proposal includes a multi-phase project that would begin with a review of the comprehensive plan and zoning code to identify barriers to housing choice and affordable housing. The second part of phase one would be the development of a housing element to the comprehensive plan. This element would build on the first part of the project by recommending changes in policy and regulations to identify priority areas of housing as part of the future land use map and create policies in the comprehensive plan that support housing choice, affordability, and accessibility. In addition, this housing element would recommend changes to the zoning code to facilitate housing choice and affordability. These changes would build on amendments like the ADU ordinance to increase flexibility within single-family residential zones to allow more diverse housing types. Phase 1 would provide an important basis for the community’s update to the comprehensive plan and an incremental approach to zoning code reform. Phase 2 of the project would look to address issues not related to policy or land use regulations. This second phase would focus on a housing strategic plan that could guide partner agencies and the community in resolving the other barriers to housing choice and affordability. The third phase would be a pilot housing project that would use the policies created in the comprehensive plan, changes to the zoning regulations, and the tools created from the housing strategic plan to address housing choice and affordability to create a housing project that could be replicated in other areas of the community. AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 16 of 222 Exhibit B Threshold Requirements Kodiak Island Borough AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 17 of 222 Resolution of Civil Rights Matters Not applicable, the Kodiak Island Borough has no outstanding civil rights matters. Eligible Applicant The Kodiak Island Borough is a local government similar to a county. Code of Conduct The Kodiak Island Borough does not have a written standard of conduct document on file with HUD, however the borough’s Code of Ordinances includes provisions for procurement rules and conflicts of interest which can readily be shared. AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 18 of 222 Exhibit C Need Kodiak Island Borough AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 19 of 222 i. Describe your efforts so far to identify, address, mitigate, or remove barriers to affordable housing production and preservation. The Kodiak Island Housing Authority conducted a housing needs assessment (referred to in this document as Needs Assessment) to identify the current state of housing within the borough and to try to answer certain questions; what types of housing are needed for borough residents, and what barriers may exist to developing additional housing units. This Needs Assessment was conducted by the McKinley Research Group, LLC for the Kodiak Island Borough Housing Authority. In addition, several agencies, including the Kodiak Island Borough, the City of Kodiak, the City of Port Lions, the City of Ouzinkie, the City of Old Harbor, the City of Akhiok, the City of Larsen Bay, the Alaska Housing Finance Corporation, and several major employers, including the United States Coast Guard participated in the Needs Assessment. This document was completed in May of 2022. In addition, before the Needs Assessment the Borough through the efforts of the Community Development Department created and implemented an accessory dwelling unit ordinance, which permitted accessory dwelling units (ADU) through both administrative and conditional use permit approval processes within single-family residential and duplex zoning districts. This ordinance was the first zoning reform project that the Borough conducted related to affordable housing and housing choice. Since 2019, only six ADUs have been approved through the ADU ordinance. The Kodiak Island Borough Planning and Zoning Commission is currently in the process of reviewing the ADU regulation to make improvements to the ordinance to hopefully promote greater development of ADUs in the community. Such a review was recommended in the Needs Assessment. Lastly, with the hiring of a new director for the Borough Community Development Department, the community is poised to begin a process to update the current comprehensive plan which was adopted in 2008. A major focus of the comprehensive plan project would be affordable housing and housing choice. ii. Do you have acute demand for affordable housing? What are your remaining affordable housing needs and how do you know? According to the PRO-Housing priority area spreadsheet the Kodiak Island Borough qualifies as a priority geography as a county. In addition, the City of Kodiak and the Kodiak Station CDP are both priority geographies as a place according to the PRO- Housing priority area spreadsheet. All three areas are priority geography areas because affordable housing is not keeping pace with the need for housing based on the population. As noted in the spreadsheet this factor compares the change in population from 2009 to 2019 divided by the 2009 population and the change in the number of units affordable AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 20 of 222 and available to households at 80% HUD area median family income (HAMFI) from 2009 to 2019 divided by units affordable and available at 80% HAMFI 2009. In addition, the Needs Assessment outlined the housing needs gap in the borough. Like the rest of Alaska and the Lower 48, the increased demand and limited supply of housing has resulted in a significant escalation in Kodiak home prices. According to an analysis of the Kodiak Island Borough Assessor’s databases between 2017 and 2021, the average assessed value of single-family homes with an ADU increased by 9.1 percent and 8.9 percent for standalone single-family homes. In addition, other home types also increased significantly in value; 28.6 percent for condominiums, 13.3 percent for zero lot line development, and 10.6 percent for duplexes. The Needs Assessment reviewed the gap in housing availability in the borough; the housing gap analysis identified that for single-family homes, there is a demand of 65 to 75 homes. This number of homes is in addition to the roughly 60 existing homes sold yearly. Also, based on the U.S. Census Bureau American Community Survey, it was estimated that 42 percent of Kodiak households have incomes of $100,000 or more, which could allow the purchase of homes at around $340,000. However, the Needs Assessment pointed out that new construction costs would greatly exceed this purchase price even for the most modest of single-family homes. For example, 1,100 square feet home had an estimated cost of $392,000; well above the $340,000 baseline for incomes at the $100,000 level. This and the fact that 58 percent of households have incomes under $100,000 points to the need for more affordable housing choices within the borough. This household income level also points to the need for rental housing. The Needs Assessment pointed out that estimating the need for rental housing was harder because of the fluctuation in the seasonal workforce, primarily related to the fishing industry. However, one factor that points to a shortage in rental housing is the growing number of businesses that are renting housing for employees. The Needs Assessment estimates that more than 100 units are being rented by employers. Lastly, the senior population of the borough is increasing, the Alaska Department of Labor and Workforce Development estimates that the borough’s senior population increased by 79 percent from 2010 to 2020. The department forecasts the senior population will peak at 2,281 in 2035. Therefore, the need for accessible housing choices will also increase within the community. iii. What key barriers still exist and need to be addressed to produce and preserve more affordable accessible housing? Based on the Needs Assessment several issues were identified as barriers to affordable housing and housing choice. The first issue identified is the cost and availability of land. The cost of land is directly related to the amount of land available for development. More AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 21 of 222 than 95% of the land within the borough is owned by governments or government entities. This is a common issue within Alaska. The second issue is the cost and availability of infrastructure (water and sewer). The primary provider of water and sewer infrastructure is the City of Kodiak. Therefore, the location of this infrastructure is restricted to within the City of Kodiak or near the city. Most of the lots in areas with existing infrastructure access have been developed, which leaves very few vacant lots for development. The cost of expanding infrastructure has become cost-prohibitive and has been a major reason why few homes are being constructed each year. The third issue is the remote nature of the borough and the cost of shipping supplies to Kodiak Island and the effect this has on the cost of construction, which is higher than many areas within Alaska. For example, the Needs Assessment estimated new construction cost for a 1,500-square-foot single-family home in the borough as $498,000 with a garage. According to the National Association of Home Builders, the average construction cost of a 2,561-square-foot single-family home in the country was $392,241 in 2022. This is a much lower cost for an even larger home. This demonstrates the high construction costs within the borough. The fourth is an issue identified in the survey portion of the Needs Assessment, 70 percent of respondents rated homes for purchase as poor to very poor. In addition, 57 percent of respondents rated the availability of rental housing as poor to very poor. The quality of homes on the market is an issue that exists across Alaska. The last barrier discussed in the Needs Assessment was overly restrictive zoning regulations and building codes. The Needs Assessment discussed the need for more areas to be zoned for higher-density residential and reviewed the current accessory dwelling unit regulation to allow for larger units. The assessment also discussed reviewing zoning restrictions on building height and lot size. In addition, the assessment stated a review of the building code was needed to review the impact of the code on the cost of housing construction and the ability to construct more diverse housing types. AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 22 of 222 Exhibit D Soundness of Approach Kodiak Island Borough AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 23 of 222 i. What is your vision? The barriers to affordable housing production within the Kodiak Island Borough are diverse issues that address the price of existing housing, quality of existing housing, cost of new construction, and regulatory barriers that prevent new construction and/or infill development. The shortage of housing for purchase is restricted by the cost of existing housing compared to the income of residents within the borough. The Kodiak Island Borough Housing Needs Assessment (referred to as Needs Assessment) noted that approximately 58 percent of households in the Kodiak Island Borough have incomes less than $100,000. According to the American Community Survey for 2021, the median household income for the Kodiak Island Borough was $88,765 with a per capita income of $35,751. The Needs Assessment stated that a household income of $100,000 would support the purchase of a home of approximately $340,000; however, the average sale price of a single-family home in Kodiak increased by 21 percent from $297,000 to $358,000 between 2017 and 2021. Therefore, much of the housing stock is out of reach of most households within the borough. With single-family residential, by far the largest unit type for home ownership (61 percent of all unit types within the borough according to the Needs Assessment) other housing type options and the need to address affordability are of paramount importance. The cost of rental housing has also increased within the borough. There are an estimated 600 units in multi-family buildings within the borough, according to the Needs Assessment. This would represent about 14 percent of all units. The Needs Assessment listed median rental rates in the borough as 15 percent higher than the statewide median rental rate ($1,200 versus $1,045, respectively). Overall, between rental rates and for- purchase housing costs, more than 28 percent of households spend more than 30 percent or more of their monthly income on rent or owner costs. According to the Needs Assessment, this equals 1,007 households that spend 30% or more of their monthly income on housing. The Needs Assessment pointed to another issue which is the age and condition of housing. The average age of single-family homes in Kodiak is 42 years. The household survey conducted as part of the Needs Assessment addressed housing conditions as well. 70 percent of respondents rated available homes on the market as poor to very poor. Available rental housing was rated poor to very poor by 57 percent of respondents. This is important because it points to two factors. One, replacement homes are needed to address poor housing stock. Two, improvements are needed to existing housing stock which may not be possible based on the cost of even poor housing in the borough and the high cost of construction in the borough, which is the next barrier to discuss. The Needs Assessment as part of the household survey, provided questions regarding major barriers to affordable housing for the community. Respondents stated that major barriers related to building a home or improving an existing home are freight costs for AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 24 of 222 materials (77 percent of respondents), construction costs (71 percent of respondents), and infrastructure costs (66 percent of respondents). The Needs Assessment provides some cost examples for various size homes in Kodiak. For example, a 1,100-square-foot home had an estimated cost of $392,000 and a 1,500-square-foot single-family home had an estimated cost of $498,000. When compared to the country, the National Association of Home Builders estimate in 2022 that a 2,561 square foot single-family home would cost $392,241 to construct, clearly identifies that construction cost is a major factor in affordability and housing choice in the borough. Another barrier identified in the Needs Assessment was land availability. More than 95 percent of the borough is owned by government entities. This of course limits the amount of available land. Within this remaining area, only a small amount of vacant property exists that has access to utilities (sewer and water); the borough still needs to identify these vacant parcels as part of the proposed project. How to make additional land available for development and how to provide utilities within the cost constraints of local government are all important factors in addressing this barrier to housing development. The last barrier identified by the Needs Assessment was regulatory constraints. The survey respondents provided some input on what type of zoning constraints exist. One potential issue was the current accessory dwelling unit ordinance, which is currently under review by the Planning and Zoning Commission. The Community Development Department has completed a cursory review of potential issues for review in an update to the comprehensive plan for housing and that is the current amount of single-family residential zoning districts in the borough and how that is a barrier to more affordable housing and additional housing choices. Currently, the borough has 4,139,000 acres of land zoned for residential use. The percent of residentially zoned land that is limited to single-family use is approximately 95.76 percent. Like most of the country, this is a large portion of the community that is zoned for one type of residential dwelling. This issue in Kodiak is further restricted by the lack of available land (as discussed earlier) and the lack of access to utilities (as discussed earlier). The combination of these factors with these regulatory constraints greatly limits housing affordability and housing choice. Another potential regulatory barrier that was identified in the Needs Assessment was the building code. Currently, the Kodiak Island Borough and the City of Kodiak have a joint committee that is looking at the most recent version of the International Building Code to identify issues. In summary, the barriers identified work together to limit the availability of existing housing stock and restrict the ability for new housing stock at a price point or rental rate that is attainable by most of the population of the borough. To address this issue more work needs to be done to further identify issues within the current comprehensive plan and zoning regulations, additional review of barriers to housing outside of zoning regulations, and detailed recommendations and action steps must be developed so that AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 25 of 222 decision-makers have the tools to address barriers, and the public must be an integral part of the solution throughout these planning processes and implementation steps. The Needs Assessment identified several barriers to affordable housing and housing choice, additional barriers may exist; therefore, expert assistance is needed to identify all barriers as well as further explore existing identified barriers to affordable housing. The grant proposal includes Phase 1, which is a review of the comprehensive plan and existing zoning regulations to identify not only additional barriers but also refine already identified barriers and to provide general recommendations that would be part of the comprehensive plan element for housing. The beginnings of Phase 1 must contain a public outreach and education campaign; one that is rooted in equity and transparency. All racial, ethnic, age, gender, and other backgrounds must be part of the process. The process must be inclusive and open to community discourse. The public outreach and education campaign will inform not only Phase 1 of the project but will also be used in the development of the comprehensive plan and Phase 2 and 3 of the grant project. The Community Development Department will be the lead entity for Phase 1 and the update to the comprehensive plan. Phase 2 of the grant proposal will further explore non-regulatory barriers to affordable housing and housing choice. The strategic housing plan will identify and analyze barriers to housing development, recommend tools that can be used to eliminate or lessen barriers, and provide a work plan for developing and implementing the tools and solutions. The PRO-Housing grant provides a unique opportunity for the community to obtain expert assistance in removing barriers to affordable housing creation and reforming zoning codes to address regulatory barriers to diverse housing types. Phase 3 is a pilot project developed by partners to the grant project. The goal of the pilot project is to utilize the zoning code changes and the tools created in Phases 1 and 2 to develop a pilot project for an up to 15-acre property, that would include a conceptual plan for the 15-acre site and more detailed planning for a two to four-acre portion of the site for a pilot housing development. The project would include site preparation and utility work to make the two to four-acre pilot project area shovel-ready. The goal of Phase 3 is a project that can be replicated in other areas of the community. Lastly, the grant project must include a monitoring component that can review for unforeseen consequences and address those identified issues. This monitoring mechanism is most important in the first few years after the completion of the project. The most important part of a plan is the implementation and that includes monitoring of that implementation over time. ii. What is your geographic scope? AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 26 of 222 The Kodiak Island Borough is the local government that has local planning and zoning powers. The grant proposal would look at both regulatory and non-regulatory barriers to housing. The Community Development Department is the Borough department that provides staff to the Planning and Zoning Commission. The Community Development Department is the lead agency for updating the comprehensive plan and the zoning regulations; therefore, the department would be the lead agency for the Borough for the grant proposal. The geographic scope of the project would look at the entire borough, including the City of Kodiak, and other communities not on the road system, excluding the areas within federal and state parks, refuges, and forests. Those communities outside of the road system have limited access to public utilities; therefore, some tools that could be developed as part of the grant proposal may not apply to the most remote communities within the borough. The anticipated effect on targeted locations is the identification of areas in Phase 1 of the project that would locate the most appropriate areas for higher-density development. As part of this project, the future land use map will be updated to identify these areas. In addition to identifying appropriate areas for high-density development Phase 1 of the project will create the tools within the zoning regulations to allow for more diverse housing types and more opportunities for affordable housing development. Phase 2 of the project focuses on non-regulatory approaches to develop affordable housing and housing choices. Phase 2 is the development of a strategic housing plan that further analyzes barriers to affordable housing and housing choice. Develops recommendations for tools to alleviate barriers and a work plan for the development and implementation of tools. Phase 2 is a broad multi-agency document that provides a road map for affordable housing development and to increase housing choice within the community. Phase 3 would be a site-specific project based on the identification of development areas within Phase 1 and the development of housing tools within Phase 2 of the project. This project would have the greatest impact on a specific area once identified through Phase 1 of the project and further refined through the development of Phase 2. The goal of Phase 3 is the creation of an on-the-ground pilot project for the development of housing that would achieve bother housing affordability and housing choice goals identified in Phase 1 and 2 of the grant project. iii. Who are your key stakeholders? How are you engaging them? The grant proposal requires more community outreach in the development of each phase of the project. The Needs Assessment conducted surveys and interviews with stakeholders and this grant proposal would build on that outreach effort. Phase 1 of the proposal is directly related to an update to the community’s comprehensive plan which AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 27 of 222 would include a multi-year time frame to focus on community outreach and engagement. The focus is to create an equitable program for outreach and engagement that would start with the housing element from Phase 1 of this grant proposal that can be used throughout the full comprehensive plan project which is a separate project from this grant proposal. Phase 2 would build on the public outreach and engagement for this multi-year project that will focus on the development of a strategic plan. The strategic plan will focus on housing needs and issues not related to the comprehensive plan and the zoning regulations. The strategic plan would be used by the community to address the housing needs of the present and into the future. Phase 3 builds on the work from Phase 1 and Phase 2 by creating a pilot housing project that would utilize the work conducted in Phase 1 and 2 to develop a housing project to meet some of the housing needs in the community, using tools developed in Phase 1 and 2. The primary goal of the pilot project is to provide an example of how to use the developed tools and implement an affordable housing project to meet the needs of the community. The stakeholders for the project will begin with those identified within the Needs Assessment. The Kodiak Island Borough would be the major agency involved in this project. The City of Kodiak and the smaller cities within the borough would be engaged to support more localized communities and to provide needed experience with local areas and housing needs. Non-incorporated areas will be included as well. Nongovernmental agencies are crucial to this project. The Kodiak Island Housing Authority, the Alaska Housing Finance Corporation, the Kodiak Economic Development Corporation, the Kodiak Chamber of Commerce, and the Kodiak Area Native Association are all important groups to include and potentially partner with the Borough in this effort. Employers are another group that has an important role in housing development. As mentioned in the Needs Assessment, employers have begun to provide housing to employees; therefore, this group has an important role to play in this project. Employers have an unmet need for housing for their employees and these groups must be involved in this planning effort. Lastly, the community needs to be involved in the project, and a major focus of outreach and engagement would be trying to break through the issues of lack of involvement since the COVID-19 pandemic. This is an issue that extends across the country with similar planning efforts. iv. How does your proposal align with requirements to affirmatively further fair housing? Fair and equitable housing will be a focus of this project. Phase 1 of the project will focus on public outreach and education on the issue of lack of affordable housing in the community. The public must be made aware of the issue and the fact that governments AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 28 of 222 and other entities are working together to create solutions. Kodiak is a small community when it comes to the actual areas of housing development. As such there will be a major focus on educating the public not only on the problem but on the solutions as well. Staff and the consulting team would spend a good portion of the first year of the project educating the public on the problem and potential solutions. This engagement will help to inform people on why the project is important and what solutions exist or may require development. The public needs to be part of the solution and the equitable delivery of information is integral to this approach. The public outreach and engagement work developed for Phase 1 would continue into Phase 2 and 3. Segregation currently is more of a socio-economic nature. The value of housing and cost of housing as well as the condition of housing all play a role. The use of single-family zoning plays an important role in restricting additional housing. The focus of new affordable housing development will need to be addressed through approaches that identify areas for infill development and the small areas that still exist for new development, mostly in areas outside the City of Kodiak. The limitations on new utility development will focus on development in newly developed areas that have higher property values. There is not enough room to concentrate housing in just one area. In addition, any housing strategy will need to review the need for replacement housing. Creating new affordable housing options while addressing the concerns of existing residents will be extremely important and will require an appropriate design of the development that will complement the existing developed area while achieving the affordable housing and housing choice goals of the planning effort. The ethnic and racial makeup of the borough includes 47.8 percent white (non-Hispanic), 22.8 percent Asian, 12 percent Native Alaskan, 9.05 percent Hispanic, and a smaller number of racial and ethnic groups. By far the largest Asian group is Filipino; therefore, a large portion of the community has English as the second language after the Filipino language. Any outreach process would need to include the translation of documents into the Filipino language and to a lesser degree the Spanish language. There is a large portion of the population which is Native Alaskan; this part of the community is extremely important to communicate with and to understand the best ways to reach this important group. The focus of the project must be outreach and a multi-tiered approach to communication to have a more equitable involvement of all groups. In addition to locating more affordable housing options, it will be extremely important to address the need for housing for the aging population of the borough. This work will need to focus on accessible designs for the elderly and locating developable properties that are close enough to health care and other services. All newly constructed housing will need to conform to the current version of the approved building code and development must meet ADA requirements. AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 29 of 222 The primary goal of this project is the development of housing plans and strategies that address the major housing needs as listed in the Needs Assessment and as further determined by this planning project. The goal of the planning process is to have an equitable approach to assist in housing development that meets the needs of Kodiak’s diverse population. The plans, tools, and partnerships developed through this project will be used for the next ten to fifteen years. Another goal of the project besides trying to forecast potential issues ahead of time is to also be able to respond effectively to unforeseen changes over time. Any project of this magnitude will need a work plan that focuses on the impact of the plan and tools to address unforeseen consequences. It is important to have an annual review of the planning projects and other implementation strategies. The community will need to review for unforeseen consequences from minor issues such as some individual code problems to major issues such as displacement. The implementation goal is to have a project that can be responsive to unforeseen occurrences while remaining true to the primary goals of the project which is to be inclusive, equitable, and responsive in the development of new affordable housing and increasing housing choice for the community. v. What are your budget and timeline proposals? The total budget for the grant proposal is $1.50 million from the PRO-Housing Grant. The budget was determined by contacts with consulting firms engaged in this type of work and cost estimates for site preparation and utility preparation work based on previous projects by the borough and contractor consultation. The breakdown of the grant proposal is as follows: Phase 1: Comprehensive Plan Update Assistance 1a - $150,000 for diagnostic of comprehensive plan and zoning regulations with emphasis on design barriers. 1b - $200,000 for housing plan element to comprehensive plan. Timeframe: 1.5 years (6 months for Phase 1a and 1 year for Phase 1b) Milestone: Completed draft housing element for comprehensive plan update. Estimated Start Date: February 1, 2024 Estimated Completion Date: June 30, 2025 Phase 2: Housing Strategic Plan - $400,000 Timeframe: 1 year Milestone: Completed strategic plan document. Estimated Start Date: July 1, 2024 AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 30 of 222 Estimated Completion Date: June 30, 2025 Phase 3: Pilot Project 3a (Planning and Due Diligence) - $250,000 3b (Site Preparation Work and Utility Preparation) – $500,000 Timeframe: 1.5 year Milestone 1: Completion of phase 1 environmental review, site survey, project feasibility documents, and draft site plan (conceptual plan for up to 15-acre site). Milestone 2: Completion of site preparation work and utility preparation (estimated property size is 2 to 4 acres). Currently, no specific site selected, Phases 1 and 2 will identify prospective sites and the cost of site preparation and utility preparation may vary based on site conditions. Estimated Start Date: May 1, 2025 Estimated Completion Date: October 30, 2026 If the grant was awarded at a lower level, the project would eliminate or reduce the site preparation work. The site preparation work was included to reduce the cost of construction for affordable housing providers based on the already high cost of construction in the borough. If all site preparation and utility work is excluded the total cost of Phase 3 would be $250,000, which reduces the overall project cost to $1,000,000. AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 31 of 222 Exhibit E Capacity Kodiak Island Borough AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 32 of 222 What capacity do you and your Partner(s) have? What is your staffing plan? The Kodiak Island Borough has the areawide planning and zoning powers for the jurisdiction. The Borough government provides these services to all cities and communities within the borough. The Borough has the authority to address changes to the zoning regulations for the entire community. Phase 2 of the proposed project will require additional collaboration and support from other agencies, if selected, the Borough staff will continue to work with other agencies to increase partnerships as needed. The Community Development Department is the agency within the borough that manages the planning, zoning, and subdivision authority for the borough since this department provides staff to the Planning and Zoning Commission. Chris French, the director of the Community Development Department has 27 years of experience as a community planner in Kentucky and Alaska with the last five years of his work in Louisville, Kentucky working for Louisville Metro Planning and Design Services where he managed the Land Development Code Reform Project for the city. He worked through the first phase of the project creating a list of 46 projects for implementation as part of the reform project. In addition, he managed the implementation of the first phase of the project, including the implementation of an accessory dwelling unit ordinance, increasing equity in the agency review processes, improving food security through urban agriculture, eliminating provisions in the code such as floor area ratios for residential development, eliminating parking requirements for residential development, improving the ability to allow missing middle housing in multi-family zones, and reducing setbacks in areas to allow great design flexibility for residential development. These projects give Mr. French the needed experience to develop a scope of work that will provide the best opportunity for success in the grant proposal. He will be the lead planner for the borough. In addition, the Borough is in the process of hiring an additional planner to assist with this project and other planning tasks. It is anticipated that the Special Project staff person in the Manager’s Office and staff in the Finance Department will be crucial to the management of the grant process and in the procurement of professional services for the project. Borough staff has experience working with other federal grants and there is capacity to manage this grant if selected. An organizational chart is included with this exhibit. Currently, this grant proposal has received support from several major employers in the borough and support from the City of Kodiak and the Kodiak Area Native Association. If selected for the grant, as part of community engagement Borough staff will work to obtain additional support from employers and other relevant agencies. Public education and engagement are an important part of this project and will be scrutinized closely in order to ensure maximum participation in all aspects of the planning process. AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 33 of 222 Exhibit F Leverage Kodiak Island Borough AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 34 of 222 Are you leveraging other funding or non-financial contributions? Currently, the Kodiak Island Borough is not proposing to provide matching funds for this grant; however, the Borough is looking for possible grant funding for additional pieces of the comprehensive plan project and for the potential implementation of tools developed as part of this grant proposal, if selected. Community Development staff has been in contact with the AARP Alaska to discuss potential funding for other pieces of the comprehensive plan work and potential projects related implementation of this grant proposal if selected. In addition, Phase 3 of the grant proposal includes working with other agencies, this work is in the beginning stages and is dependent upon the grant proposal being selected. Phase 3 includes a site selection process for a pilot project. Some potential properties under general review at this time are owned by government entities such as the Kodiak Island Borough; it is anticipated that land acquisition would not be needed because the potential land for the pilot project would most likely be owned by the government or other agencies that may participate in this project. It should be noted that this grant proposal would not be able to go forward as presented in this grant application without being selected for the PRO-Housing Grant. AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 35 of 222 Exhibit G Long-term Effect Kodiak Island Borough AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 36 of 222 What permanent, long-term effects will your proposal have? What outcomes do you expect? The long-term effects of the grant proposal will first provide policy guidance on housing for the Borough’s comprehensive plan. This guidance will focus on housing needs and removing barriers to affordable housing options. The future land use map would be updated to identify priority areas for affordable housing. In addition, the proposal will recommend changes to the zoning regulations that will provide greater opportunities for housing choice and affordable housing development. Implementation of these recommendations will proceed through an incremental process outlined within the comprehensive plans work program. These changes to the zoning regulations may be controversial and could lead to compromises that could limit the effectiveness of the zoning regulation amendment. Monitoring of the effectiveness of these zoning code changes will be crucial to manage potential needs for adjustments so that the long- term effectiveness of the project is not compromised. The second part of the grant proposal will focus on the development of a housing needs assessment that will further refine what non-regulatory barriers exist beyond those identified within the Housing Needs Assessment. The goal of Phase 2 is a strategic plan for housing with a specific emphasis on affordable housing and increased housing choices for the community. The strategic housing plan will include a work program for the implementation of the plan and the development of tools to address identified housing barriers. Phase 3 of the grant proposal focuses on a pilot housing project. The pilot project will use developed tools, policies, and regulation changes to create a housing project that could be replicated in other areas of the borough. This project includes site selection, planning and design work, and site and utility preparation. The goal of the pilot project is a shovel-ready housing project. The long-term effects of this project will be increased affordable housing. A decrease in housing cost burden is anticipated because of the focus on new housing near existing infrastructure. Actual number of projected units will be developed as part of the strategic housing plan. The goal for new affordable housing units is that the type of units will be diverse to address the housing needs of the diverse population of the borough. Phase 3 and the overall project will be monitored over the first five years. The monitoring of the project will focus on unattended consequences. To address unforeseen issues, the Community Development Department should be prepared to bring issues up to the Planning and Zoning Commission and the Borough Assembly for direction on the type of actions that are needed to resolve issues. Another aspect of this project is its potential use in other communities within Alaska. If the plan is successful in its public outreach and participation that part of the planning effort could be replicated in other parts of Alaska. Changes in zoning regulations and the strategic housing plan could also be models for other communities. However, it is anticipated that the remote nature of Kodiak and the terrain of the island may make replication difficult. The success of this project will also have a lasting impact on the community and the connection to the comprehensive plan update provides the opportunity for a better-informed public and improved planning for future needs. AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 37 of 222 AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 38 of 222 Providence Kodiak Island Medical Center 1915 E.Rezanof Drive Kodiak,AK 99Bl5 T9U7—l«B6—328l _|...=.l%Pr0V1dence :?:;;:::ii: October 16.2023 Kodiak Island Borough Attn:Chris French Director.Community Development 710 Mill Bay Road Kodiak,AK 99615 Re:Intent to Participate This letter is to confirm the mutual intent of both the Kodiak Island Borough (KIB)and the Providence Kodiak Island Medical Center (PKIMC)to collaborate and enter into a partner agreement.contingent upon the award of funds from the United States Department of Housing and Urban Development for the Pathways to Removing Obstacles to Housing (PRO Housing) competition,to carry out eligible activities as provided in Kodiak Island Borough’s PRO Housing application. PKIMC is the only provider of hospital service on Kodiak Island and routinely recruits healthcare professionals to the island to care for our community.There is nothing easy about recruiting and relocating caregivers to Kodiak,but the unavailability of housing has made this challenging part ofour operations nearly impossible. In cities across the United States,the private sector provides housing solutions for caregivers of all incomes.but in Kodiak,private sector solutions are not present.As a result,the hospital has diverted capital dollars away from traditional healthcare operations to build limited caregiver housing.Still,our workforce housing apartment complex does not meet our demands and additional housing is needed. As a community hospital,PKIMC is excited to partner with KIB on this important initiative and looks forward to being part of our community’s solution to remove obstacles from housing in Kodiak. It is understoodthat this letter is only an expression ofour intent and a binding partner agreement detailing the terms and conditions of the proposed partnership must be executed before the use of any PRO Housing funds,if awarded. Sincerely, -[J2 Karl Hertz,CEO Providence Kodiak Island Medical Center AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 39 of 222 Quick Summary Grant Purpose: Identification and removal of barriers to affordable housing production and preservation Eligible Applicants: States and local governments, metropolitan planning organizations (MPOs), and multijurisdictional entities Eligible Uses: Activities that further develop, evaluate, and implement housing policy plans, improve housing strategies, and facilitate affordable housing production and preservation Minimum Grant Size: $1 million Maximum Grant Size: $10 million Estimated Number of Awards: 20 Application Deadline: October 30, 2023 at 11:59pm ET (8:59pm PT) on Grants.gov Through competitive grants, Pathways to Removing Obstacles to Housing (PRO Housing) will provide $85 million in funding for communities across the country to identify and remove barriers to affordable housing production and preservation. This first-of-its-kind funding supports the Biden-Harris Administration’s Housing Supply Action Plan, and highlights the efforts of communities who have committed to housing-forward policies and practices. Consult the PRO Housing NOFO for specific application criteria and instructions. Competition Goals and Objectives Elevate and enable promising practices for identifying and removing barriers to affordable housing production and preservation, while preventing displacement. Institutionalize state and local analysis and implementation of effective, equitable, and resilient approaches to affordable housing production and preservation. Provide technical assistance to help communities fulfill the Consolidated Plan’s requirement of identifying barriers to affordable housing and to implement solutions. Facilitate collaboration and harness innovative approaches from jurisdictions, researchers, advocates, and stakeholders to further the national conversation on affordable housing. Recognizing that every community has unique housing needs and community development challenges, HUD requires jurisdictions who receive annual formula grant funding to identify barriers to affordable housing as part of their Consolidated Plan. Barriers might include restrictive regulatory, zoning, or land use policies; outdated procedures or permitting processes; inadequate or deteriorating infrastructure; lack of financial resources, capacity, or economic investment; threats from environmental or natural hazards; or other impediments to affordable housing. PRO Housing provides funding explicitly for addressing these types of barriers and advancing local housing strategies. Affirmatively further fair housing by addressing and removing barriers that perpetuate segregation, inhibit access to areas of opportunity for protected class groups and vulnerable populations, and concentrate affordable housing in under- resourced areas. AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 40 of 222 affordable housing not keeping pace with population growth; insufficient affordable housing; or widespread housing cost burden. Priority will be given to applicants who demonstrate a commitment to and progress toward overcoming local barriers to affordable housing and have an acute demand for affordable housing. HUD is providing an easy-to-use data resource that identifies jurisdictions with acute housing demand factors, which are: Addressing Acute Housing Demand Developing, updating, or advancing housing and community plans Creating transit-oriented development zones Incentivizing the development of vacant lots or the conversion of commercial properties to residential and mixed-use development Streamlining permitting processes and expanding by-right development Reducing barriers to development such as residential property height limitations, off- street parking requirements, density restrictions, and minimum lot sizes PRO Housing incentivizes housing-forward actions to further develop, evaluate, and implement housing policy plans; address restrictive zoning or land use; improve housing strategies; and facilitate affordable housing production and preservation, including: Allowing accessory dwelling units on lots with single family homes Adopting strategies to preserve and revitalize affordable housing Building capacity of local nonprofit organizations to increase housing supply Increasing community resilience and mitigating environmental/natural hazards Eligible Uses Materials found at: www.hud.gov/program_offices/comm_planning/pro_housing CDBG-PROHousing@hud.gov Local governments, States, Metropolitan Planning Organizations (MPOs), and multijurisdictional entities may apply for PRO Housing Urban, suburban, and rural applicants are encouraged to apply Each applicant should identify its barriers based on local context and propose an approach to address those specific barriers to increase the supply of affordable housing Eligible Applicants HUD is hosting two webinar series in support of PRO Housing. Additional Resources The first series targeted current Community Development Block Grant recipients and focused on identifying and addressing barriers to affordable housing production and preservation (available via recording on HUD's Barriers to Affordable Housing webpage). The second series guides potential applicants through the PRO Housing application process. AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 41 of 222 1 PRO Housing FAQs Funding Opportunity Description 1. What is the PRO Housing competition? What are PRO Housing grants for? Pathways to Removing Obstacles to Housing, or PRO Housing, is a competitive grant program being administered by HUD. PRO Housing seeks to identify and remove barriers to affordable housing production and preservation. 2. What kinds of barriers does PRO Housing seek to remove? Barriers to affordable housing look different in every community, but they can be caused by zoning decisions, land use policies, or regulations; inefficient procedures; gaps in available resources for development; deteriorating or inadequate infrastructure; lack of neighborhood amenities; or challenges to preserving existing housing stock such as increasing threats from natural hazards, redevelopment that reduces the number of affordable units, or expiration of affordability requirements. Applicants are asked to describe and respond to their own unique barriers. 3. What is HUD prioritizing in the PRO Housing competition? HUD will prioritize applicants that demonstrate: (1) progress and a commitment to overcoming local barriers to facilitate the increase in affordable housing production and preservation; and (2) an acute demand for housing affordable to households with incomes below 100 percent of the area median income. 4. What is a NOFO? NOFO stands for Notice of Funding Opportunity. The PRO Housing NOFO provides the regulations, scoring criteria, application instructions and more for the PRO Housing competition. The PRO Housing NOFO was released on July 27, 2023. 5. How is PRO Housing related to the Community Development Block Grant (CDBG) program? PRO Housing funds use the CDBG framework. This means that statutes and regulations governing the CDBG program, including Title I of the Housing and Community Development Act of 1974 and 24 CFR part 570, apply to PRO Housing funds. The NOFO contains certain exceptions and waivers. As with all CDBG assistance, the priority is to serve low- and moderate-income people. See Section III.G of the PRO Housing NOFO for more information. 6. What are the public participation requirements? Before submitting to HUD, you must publish your PRO Housing application or amendment in its entirety for public comment. The streamlined requirements mandate at least one public hearing for the application and for each substantial amendment and require providing a reasonable notice AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 42 of 222 2 (at least 15 days) and opportunity for public comment and ongoing public access to information about the use of grant funds. For more information, please visit Section VI.E.5.a.iii of the NOFO. Award Information 7. How much funding is available through the PRO Housing NOFO? Funding of approximately $85,000,000 is available through the PRO Housing NOFO. 8. How many awards will HUD make? HUD expects to make approximately 20 awards from the funds available under this NOFO. 9. Are there minimum and maximum award amounts? Yes. The minimum award amount is $1,000,000. The maximum award amount is $10,000,000. 10. When are the project start and end dates? PRO Housing has a six-year period of performance. The estimated project start date is 1/31/2024, or after the expected issuance of awards. The estimated project end date is 9/30/2029. 11. When is the application deadline? Applications must be submitted by 11:59:59pm Eastern Time on 10/30/2023. Eligibility Information 12. Who is eligible to apply? Eligible applicants include state governments, local governments (i.e., city and county governments), Metropolitan Planning Organizations (MPOs), and multijurisdictional entities. Tribes are not eligible to apply for PRO Housing funds on their own; however, they may partner with eligible applicants. 13. Who is ineligible to apply? HUD will not award grants to individuals or any entity that does not meet the eligibility criteria. HUD will not evaluate applications from ineligible applicants. 14. What is a multijurisdictional entity? Multijurisdictional entity refers to any association of local governments or public agencies which are bound by collective agreement (such as a memorandum of understanding, joint powers authority, interstate compact, or the like), such that HUD determines that the entity is authorized and has administrative capability to carry out the activities under this NOFO on behalf of its member jurisdiction(s). Multijurisdictional entities must demonstrate partnership among all parties. The parties may demonstrate a partnership by attaching relevant documentation, such as a memorandum of understanding or another foundational document (such as a CDBG joint agreement between an urban county and a metropolitan city or a HOME consortium agreement), to an application. AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 43 of 222 3 15. Does PRO Housing require cost sharing or matching funds? No. However, PRO Housing provides points based on leverage as described below and in Section V.A.1.d of the NOFO. 16. How many applications can I submit? What happens if I submit more than one? An eligible applicant may submit only one application. If HUD receives multiple versions of an application electronically, HUD will review the last version of the application received by Grants.gov that meets the timely receipt requirements. All other applications (i.e., prior versions) will not be considered eligible. 17. What is a national objective? Each activity, other than general administration and planning, proposed to be carried out with PRO Housing assistance must meet a CDBG national objective pursuant to section 101(c) of the Housing and Community Development Act of 1974: a. Benefiting low- and moderate-income persons, b. Preventing or eliminating slums or blight, or c. Meeting other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. Activities that do not meet a national objective are ineligible for PRO Housing funding. 18. What activities are eligible? Each proposed activity must be an eligible CDBG activity. Specifically, each proposed activity must be eligible pursuant to section 105(a) of the Housing and Community Development Act of 1974 and applicable program regulations at 24 CFR part 570 or receive an eligibility waiver for the activity, requested in the application. Eligible activities include planning and policy activities, development activities, infrastructure activities, and preservation activities. For specific examples, please see Section III.F.2.c of the PRO Housing NOFO. 19. Can PRO Housing funds be used to construct new housing? Yes. HUD is waiving 42 U.S.C. 5305(a) and 24 CFR 570.207(b)(3) and adopting alternative requirements to the extent necessary to permit new construction of housing, subject to the same requirements that apply to rehabilitation activities under the provisions at section 105(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(4)) and 24 CFR 570.202(b). 20. Can I request an eligibility waiver for activities that are not eligible? Yes. For information about waivers and how to request them, please see Section VI.E and Appendix A of the PRO Housing NOFO. AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 44 of 222 4 21. Can PRO Housing funds be used for the general conduct of government? No. Any activity to carry out the regular responsibilities of the government is ineligible. Applicants should plan their approaches accordingly to ensure that PRO Housing award funds are not used for such costs. Grantees may and are encouraged to use leverage funding for such unallowable costs. 22. Can PRO Housing funds be used for downzoning? No. Any activity that results in a net decrease in allowable or actual housing construction is ineligible. Rezoning efforts and development activities must ensure a net increase in zoned capacity or number of homes, respectively, to be considered for funding. 23. What if I want to amend my application after submitting it? If applicants find, after submitting an application, that they want to amend or adjust their application and it is prior to the deadline date, applicants must resubmit the entire application to ensure that HUD gets a complete application. HUD will not consider information from applicants after the application deadline except for curable deficiencies. 24. What if I want to amend the application after I’ve been awarded? HUD will review and approve or disapprove any requested amendment that is a substantial amendment. Substantial amendments are changes that affect the responses to the rating factors and include but are not limited to a change in program benefit, beneficiaries, or eligibility criteria; the allocation or re-allocation of more than ten percent of the award; or the addition or deletion of an activity. Subsequent to HUD’s review and approval, a grantee may substantially amend the Application if it follows the same public participation requirements in this NOFO for the preparation and submission of an Application and HUD agrees in writing that the amended Application would still score in the fundable range for the competition. Prior to preparation and submission of any post-award amendment, the grantee is encouraged to work with its HUD representative to ensure the proposed change is consistent with this NOFO, and all applicable regulations and Federal law. 25. PRO Housing uses the CDBG framework, but CDBG has different regulations for entitlement communities and states. Which regulations apply to me? For CDBG entitlement communities, multijurisdictional entities, and metropolitan planning organizations, regulatory provisions at 24 CFR part 570 subparts A, C, D, J, K, and O apply, as appropriate. For states, 24 CFR part 570 subpart I applies; however, Section VI.E of the NOFO waives the requirement for states to distribute funds through a method of distribution as is required for annual State CDBG funds. In other words, states may act directly with PRO Housing funds. Application and Submission Information 26. Where can I find application materials? When will the PRO Housing NOFO be on grants.gov? HUD is making a preview available to allow interested applicants to review the preview of the NOFO, submit questions, and prepare applications. HUD will not accept applications during the preview period. However, during the preview period, interested applicants may submit questions AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 45 of 222 5 on the NOFO preview to the following email address: CDBG-PROHousing@HUD.gov. HUD intends to publish the NOFO on grants.gov and allow submission of applications September 2023. The NOFO preview is subject to change. While HUD does not intend to make substantive changes at this point, applicants should consider the NOFO published on Grants.gov to be the official version. All application materials, including the Application Instructions and Application Package, are available through Grants.gov. 27. What forms will I need to submit? The following forms are required for a complete application: • Application for Federal Assistance (SF-424) • Applicant and Recipient Assurances and Certifications (HUD 424-B) • Applicant/Recipient Update/Disclosure Report (HUD 2880) • Disclosure of Lobbying Activities (SF-LLL) • Certification Regarding Lobbying (Lobbying Form) • Federal Assistance Assurances • Grant Application Detailed Budget Worksheet (424-CBW) • PRO Housing Certifications See Section IV.B.1 of the NOFO for more information. 28. Is there a standard format for the application? Yes. Applications have a maximum of 40 pages. These pages must be 12-point (minimum) Times New Roman font on letter sized paper (8 1/2 x 11 inches) with at least 1-inch margins on all sides. For more information about format and form, see Section IV.B.2 of the NOFO. 29. Are there exceptions to the page limit? The documents listed below are not counted in the page limit: • Table of Contents • Eligible Applicants documentation • Evidence of partnership letters • Leverage documentation • Application Certifications and Standard forms • Summary of comments received on published Application and list of commenters by name/organization (Attachment A) • Tabs/title pages that are blank or display a title/header/'n/a' indication 30. Are there any required attachments? Yes. Applicants must attach a summary of comments received on their published application, and a list of commenters by name/organization. This is known as Attachment A and does not count towards the page limit. AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 46 of 222 6 31. When should I submit my application? HUD strongly recommends that applicants submit their applications at least 48 hours before the deadline and during regular business hours to allow enough time to correct errors or overcome other problems. The application deadline is 11:59 p.m. ET (or 8:59 p.m. PT) on 10/30/2023. 32. My application was rejected with errors before the deadline. Is there a grace period? If your application is received by Grants.gov before the deadline, but is rejected with errors, you have a grace period of 24 hours after the application deadline to submit a corrected, received, and validated application through Grants.gov. The date and time stamp on the Grants.gov system determines the application receipt time. Any application submitted during the grace period but not received and validated by Grants.gov will not be considered for funding. There is no grace period for paper applications. 33. Will HUD consider late applications? No. An application received after the NOFO deadline date that does not meet the Grace Period requirements will be marked late and will not be reviewed by HUD for funding consideration. Improper or expired registration and password issues are not sufficient causes to allow HUD to accept applications after the deadline date. 34. What if the application has technical deficiencies? HUD will not consider information from applicants after the application deadline except for curable deficiencies. HUD will uniformly notify applicants of each curable deficiency. Corrections of technical deficiencies must be submitted within three business days of the date of the notification from HUD. For more information, see Sections IV.D.7. and V.B.4. of the PRO Housing NOFO. 35. What is a curable deficiency? A curable deficiency is missing or incomplete application information that may be corrected by the applicant with timely action. To be curable, the deficiency must: • Not be a threshold requirement, except for documentation of applicant eligibility; • Not influence how an applicant is ranked or scored versus other applicants; and • Be remedied within the time frame specified in the notice of deficiency. Examples of curable (correctable) deficiencies include inconsistencies in the funding request and failure to submit required certifications. These examples are non-exhaustive. 36. What are the environmental requirements? Grantees must comply with environmental justice requirements as set forth in HUD’s regulations at 24 CFR parts 50 and 58, which implement the policies of the National Environmental Policy Act (NEPA) and other environmental requirements. Grantees who are States or units of general local government (UGLGs) are considered the Responsible Entity under 24 CFR part 58 and are responsible for completing their own environmental review. The Responsible Entity must conduct an environmental review to determine whether each activity funded under this NOFO is exempt or categorically excluded AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 47 of 222 7 from NEPA and other environmental review requirements or requires further environmental review. For grantees who are not States or units of general local government (UGLGs) or are not recipients of funding under Title I of the Housing and Community Development Act of 1974 and HUD’s regulations at 24 CFR 58.2(a)(5), HUD will perform the environmental review in accordance with 24 CFR part 50. For more about environmental requirements, see Sections IV.G.2.c and VI.E of the NOFO. Application Review Information 37. What are the rating factors for the PRO Housing competition? HUD will score applicants based on their response to five rating factors: Need (35 points), Soundness of Approach (35 points), Capacity (10 points), Leverage (10 points), and Long-term Effect (10 points). You can review the prompts at Section V.A.1 of the NOFO. 38. What is a priority geography? Under the Need rating factor, applicants will be awarded ten (10) points if their application primarily serves a ‘priority geography’. Priority geography means a geography that has an affordable housing need greater than a threshold calculation for one of three measures. The threshold calculation is determined by the need of the 90th-percentile jurisdiction (top 10%) for each factor as computed comparing only jurisdictions with greater than 50,000 population. Threshold calculations are done at the county and place level and applied respectively to county and place applicants. An application can also quality as a priority geography if it serves a geography that scores in the top 5% of its State for the same three measures. The measures are as follows: • Affordable housing not keeping pace, measured as (change in population 2019-2009 divided by 2009 population) – (change in number of units affordable and available to households at 80% HUD Area Median Family Income (HAMFI) 2019-2009 divided by units affordable and available at 80% HAMFI 2009). • Insufficient affordable housing, measured as number of households at 80% HAMFI divided by number of affordable and available units for households at 80% HAMFI. • Widespread housing cost burden or substandard housing, measured as number of households with housing problems at 100% HAMFI divided by number of households at 100% HAMFI. Housing problems is defined as: cost burden of at least 50%, overcrowding, or substandard housing. 39. How do I know if I am a priority geography? HUD has provided a spreadsheet listing priority geographies on its website. Please visit the https://www.hud.gov/program_offices/comm_planning/affordable_housing_barriers to view the spreadsheet. 40. What if I’m not a priority geography?* Applicants who are not listed as priority geographies are still invited to apply. AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 48 of 222 8 The Need rating factor offers an additional three (3) points for providing compelling information about your affordable housing needs. This information should demonstrate acute demand for affordable housing in your jurisdiction(s) to households with incomes below 100 percent of the area median income. In your narrative, you are encouraged to provide local knowledge that is not already captured by the above measures. Topics that may indicate acute demand for affordable housing include displacement pressures, housing stock condition, age of housing stock, homelessness, ratio of median home price to area median income, and more. 41. I’m applying as an MPO or multijurisdictional entity. How do I determine if I’m a priority geography? MPOs and multijurisdictional entities may qualify as a priority geography if the proposed activities primarily serve least one county or place that is a priority geography. The geographical scope of the activity should be clearly identified in the application. 42. What does affirmatively furthering fair housing mean? Under the Soundness of Approach rating factor, applicants are asked to describe how their proposal aligns with requirements to affirmatively further fair housing. Affirmatively furthering fair housing means taking meaningful actions, in addition to combating discrimination, to overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunities, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. 43. How is leveraged funding scored? Applicants are encouraged to leverage additional funding from outside sources. Under the Leverage rating factor, applicants are awarded points for leveraged funding as a percentage of the amount of PRO Housing funding requested. Points are awarded as follows: Leverage commitments as percent of grant funds requested Points awarded 50 percent and above 10 Between 40.00 and 49.99 percent 8 Between 30.00 and 39.99 percent 6 Between 20.00 and 29.99 percent 4 Between 10.00 and 19.99 percent 2 Below 10.00 percent 0 AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 49 of 222 9 44. How do I document my leveraged funding? Applicants who are leveraging outside funding must adhere to the following requirements: • Resources must be firmly committed as of the application deadline date. “Firmly committed” means that the amount of the resource and its dedication to PRO Housing Grant activities is explicit. Endorsements or general letters of support alone will not count as resources and should not be included in the application. • Leverage documents must represent valid and accurate commitments of future support. They must detail the dollar amount and any terms of the commitment. They must also indicate that the funding is available to you for the specific activities proposed in your PRO Housing application. • Resource commitments must be written and signed by a person authorized to make the commitment and dated. • Commitment letters must be on letterhead or they will not be accepted. • If the commitment document is not included in the application and submitted before the NOFO deadline, it will not be considered. • Staff time of the Applicant and/or Partner(s) (if any) will be an eligible leverage resource if they are firmly committed and quantified. 45. Does leverage documentation count against my page count? No. 46. Does PRO Housing offer preference points? No. 47. Will HUD conduct a threshold review? Yes. HUD will screen applications to determine if the threshold criteria from Section III.D of the NOFO are met. If they are not met, the application will be deemed ineligible and will not receive further review. If they are met, HUD will screen the application to determine if it meets the other threshold criteria listed in Section III.D (including screening for technical deficiencies). 48. How will HUD review applications after the threshold review? Reviewers will rate each eligible application based solely on the rating factors described in Section V.A of the PRO Housing NOFO and assign a preliminary score for each rating factor and total score. HUD will then rank applications in score order. From there, a final review panel will: • Review the Preliminary Rating and Ranking documentation to ensure any inconsistencies between preliminary reviewers are identified and rectified and to ensure the Preliminary Rating and Ranking documentation accurately reflects the contents of the application. • Assign a final score to each application and rank them in score order; and • Recommend for selection the most highly rated applications, subject to the amount of available funding. AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 50 of 222 10 49. What if there’s a tie score? If two or more applications have the same score and there are insufficient funds to select all of them, HUD will select the application(s) with the highest score for the overall Need Rating Factors. If a tie remains, HUD will select the application(s) with the highest score for the overall Soundness of Approach Rating Factors, then overall Capacity Rating Factors. Award Administration Information 50. If I’m awarded PRO Housing funds, am I guaranteed to receive the amount I applied for? No. To ensure the fair distribution of funds and enable the purposes or requirements of a specific program to be met, HUD reserves the right to fund less than the amount requested in an application. 51. What are the reporting requirements?* Grantees will be required to submit a progress report on an annual basis throughout the grant term through HUD-provided templates and HUD’s Disaster Recovery Grant Reporting (DRGR) System. Recipients will also report on any leveraged funds received and used in association with the application. 52. Can I request a debriefing? Yes. For a period of at least 120 calendar days, beginning 30 calendar days after the public announcement of awards under this NOFO, HUD will provide a debriefing related to their application to requesting applicants. A request for debriefing must be made in writing or by email by the AOR whose signature appears on the SF-424 or by his or her successor in office and be submitted to the POC in Section VII Agency Contact(s) of this NOFO. Information provided during a debriefing may include the final score the applicant received for each rating factor, final evaluator comments for each rating factor, and the final assessment indicating the basis upon which funding was approved or denied. 53. How does PRO Housing treat program income? HUD is waiving applicable program income rules to the extent necessary to provide additional flexibility as described under this NOFO. The guidance can be found at Section VI.E.5.a.xvi of the NOFO. 54. Do I need to maintain a webpage for my PRO Housing award? Yes. A grantee shall maintain a public website which provides information accounting for how all grant funds are used and managed/administered, including details of all contracts and ongoing procurement policies. To meet this requirement, each grantee must make the PRO Housing Action Plan (including all amendments) and each APR (as created using the DRGR system) available on its website(s). 55. Can I use PRO Housing funds as a match for another program? Yes. PRO Housing funds may be used as a matching requirement, share, or contribution for any other Federal program when used to carry out an eligible PRO Housing activity. AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 51 of 222 11 Agency Contacts 56. How can I contact HUD with questions about program-specific requirements? Please direct questions to CDBG-PROHousing@hud.gov. Other Information 57. Does HUD have other resources related to removing barriers to affordable housing? Yes. HUD has a webpage dedicated to barriers to affordable housing. It features HUD’s recent technical assistance webinars on this topic and links to additional resources, such as HUD’s Regulatory Barriers Clearinghouse. Please visit the webpage at this link: https://www.hud.gov/program_offices/comm_planning/affordable_housing_barriers *Updated in the 8/17 version to reflect NOFO information more accurately. FAQs Added as of 8/17/2023 Eligibility Information 58. Can different types of eligible activities be grouped together in one proposal? Yes. Applicants may propose multiple activities, as long as all activities are eligible. An eligible applicant may only submit one application. 59. The NOFO provides examples of planning and policy activities, development activities, infrastructure activities and preservation activities. Will certain types of activities be prioritized? No, the NOFO does not prioritize certain activities over others. HUD is prioritizing applicants who demonstrate (1) progress and a commitment to overcoming local barriers to facilitate the increase in affordable housing production and preservation; and (2) an acute demand for housing affordable to households with incomes below 100 percent of the area median income. For more about how HUD will rate and rank applications, please see the rating factors in Section V of the NOFO. 60. Do I need to be a CDBG recipient in order to apply for these funds? MPOs and multijurisdictional entities are eligible to apply, and according to the NOFO, the term “local government” includes entitlement CDBG grantees and non-entitlement communities. Please review the eligible applicants in Section III and the definitions in Section I to determine your eligibility. 61. Is there a limit on the number of applications from a given area? For example, could an MPO and a city within that MPO’s boundary apply separately? AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 52 of 222 12 The NOFO does not prescribe a geographical limitation on the number of applications from a given area, except that each eligible applicant may only submit one application. 62. I’m a nonprofit. Am I eligible? Who can I partner with? Nonprofits are not eligible to apply for PRO Housing funds on their own; however, they may partner with eligible applicants. A non-profit would not be eligible to be a party to a multijurisdictional entity, because it is not a local government or public agency. 63. I’m a state agency, and States are eligible applicants for PRO Housing. What is the process for me to apply on behalf of my state? Do I need to secure official approval or designation? Yes. Please refer to section 102(c) of the Housing and Community Development Act of 1974: One or more public agencies, including existing local public agencies, may be designated by the chief executive officer of a State or a unit of general local government to undertake activities assisted under this chapter. Please also note the NOFO definition of State, found at section 102(a)(2) of the HCD Act (42 U.S.C. 5302): The term "State" means any State of the United States, or any instrumentality thereof, approved by the Governor; and the Commonwealth of Puerto Rico. 64. I’m a county government. Can I implement my program anywhere in the county? Counties may implement their PRO Housing proposal anywhere within their county geography. However, please note that to receive the ten points for Rating Factor a.ii, the application must primarily serve a priority geography. Applications primarily serving an identified geography will be scored based on the priority status of that geography. 65. Would a public housing authority need to form a multijurisdictional entity along with an eligible applicant in order to be considered eligible? A PHA is not an eligible applicant on its own. In some states, a PHA may be a subdivision of the municipal or county government (such as serving both as a city’s housing department and as the PHA) and be able to apply. Alternatively, the PHA could be one member of the larger partnership of local governments and public agencies that comprises the multijurisdictional entity. See above for the eligible applicants and the definition of multijurisdictional entity. 66. Are quasi-public entities eligible to apply on behalf of a state? No. Eligible applicants are local and State governments, metropolitan planning organizations (MPOs), and multijurisdictional entities. A quasi-public entity does not meet the definition of any of the eligible applicants under the NOFO. Application Review Information 67. How should I demonstrate low- and moderate-income benefit? Can I use ACS/Census data at the census block level? HUD provides data at the ACS/Census block group level and at larger aggregations, such as places and tracts, not at the block level. The NOFO does not prescribe any particular method of AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 53 of 222 13 demonstrating LMI benefit but does. note that the statutes and regulations governing the CDBG program, including Title I of the Housing and Community Development Act of 1974 and 24 CFR part 570, apply to PRO Housing funds, except as waived or modified in the PRO Housing NOFO. 68. Am I limited to addressing the barriers I identified in my Consolidated Plan? No. . Award Administration Information 69. Does the environmental review need to be completed prior to the application submission? No. The environmental review requirements for PRO Housing refer to 24 CFR Parts 50 and 58, neither of which requires environmental review to be completed prior to submitting an application. However, HUD will not release grant funds if the recipient or any other party takes choice limiting actions or commits grant funds (i.e., incurs any costs or expenditures to be paid or reimbursed with such funds) before the recipient submits and HUD approves its Request for Release of Funds (RROF), where such submission is required. For more information about environmental review requirements, please see Sections IV.G.2.c and VI.E of the NOFO. 70. Does PRO Housing use the CDBG 20% admin and planning cap? No. Since HUD expects many grantees intend to use PRO Housing funding entirely for planning activities that identify and remove barriers to affordable housing production and preservation, HUD is waiving caps for general administration, planning, and technical assistance that apply to CDBG grantees. For more, please see Section VI.E.5.a.viii of the NOFO. 71. Are only States allowed to use 10% for general administration? Any PRO Housing grantee may use up to ten percent of the award for general administrative costs and technical assistance. Review Section VI.E.5.a.viii of the NOFO preview. 72. Does the NOFO include language stating that by submitting the application, we are obligated to accept the award? No. 73. What types of funding can I use as leverage? Grantees may use either non-Federal sources or other Federal sources as financial leverage only if a program’s authorizing statute permits such use. Other Information 74. Can HUD help interpret the NOFO? Can we set up a phone call with the PRO Housing team? No. Under the HUD Reform Act, HUD cannot provide advice about prospective proposals. This means that HUD cannot answer questions about specific proposals, including whether a proposal AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 54 of 222 14 would be eligible or competitive. Applicants should rely on the NOFO as the definitive source of information about the PRO Housing competition. 75. How do you plan to measure, evaluate, and track performance of the grants? As noted above, applicants will submit annual reports through the Disaster Recovery Grant Reporting (DRGR) system. In addition, Rating Factor e. (Long-term Effect) asks applicants to propose metrics (the quantifiable topic area you will measure) and target outcomes (a quantified goal for each metric which you will strive to achieve). The impact of many PRO Housing activities is expected to continue beyond the six-year period of performance. FAQs Added as of 8/31/2023 Other Information 76. What are some resources related to removing barriers to affordable housing? Yes. HUD has a webpage dedicated to barriers to affordable housing. It features HUD’s recent technical assistance webinars on this topic and links to additional resources, such as HUD’s Regulatory Barriers Clearinghouse. Please visit the webpage at this link: https://www.hud.gov/program_offices/comm_planning/affordable_housing_barriers 77. What are some resources related to environmental review? Yes. HUD has a webpage dedicated to environmental review, maintained by the Office of Environment and Energy. Please visit the webpage at this link: https://www.hudexchange.info/programs/environmental-review/ 78. What are some resources related to community resilience? The PRO Housing NOFO provides links to two relevant resources: • Climate Action Plan: https://www.hud.gov/climate • Climate and Economic Justice Screening Tool: https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 HUD has a webpage dedicated to community resilience: https://www.hudexchange.info/programs/supporting-local-climate-action/ 79. What are some resources related to disaster recovery? Please visit the following: • CDBG-DR: https://www.hudexchange.info/programs/cdbg-dr/ • Citizen Participation and Equitable Engagement Toolkit: https://www.hudexchange.info/programs/cdbg-dr/cpee-toolkit/introduction/ AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 55 of 222 15 • Resilient Building Codes Toolkit: https://www.hudexchange.info/programs/cdbg- dr/resilient-building-codes/ • CDBG-DR and CDBG-MIT Grantee-Led Sessions: https://www.hudexchange.info/trainings/courses/cdbg-dr-and-cdbg-mit-grantee-led- sessions/4005/ • CDBG-DR Grantee Contact Information: https://www.hudexchange.info/programs/cdbg- dr/cdbg-dr-grantee-contact-information/#view-all-disasters 80. What are some resources for climate analysis and related topics? Please visit the following: • HUD Community Resilience Toolkit: https://files.hudexchange.info/resources/documents/HUD-Community-Resilient- Toolkit.pdf • U.S. Climate Resilience Toolkit: https://toolkit.climate.gov/ • EPA Climate Change Adaptation Resource Center: https://www.epa.gov/arc-x • Climate Change and Social Vulnerability in the United States: https://www.epa.gov/system/files/documents/2021-09/climate-vulnerability_september- 2021_508.pdf • HUD Climate Resilience Implementation Guide o Nature-based Solutions: https://www.hudexchange.info/resource/6613/climate- resilience-implementation-guide-nature-based-solutions/ o Cool Roofs: https://www.hudexchange.info/resource/6729/climate-resilience- implementation-guide-cool-roofs/ o Single-family Retrofits: https://www.hudexchange.info/resource/6754/climate- resilience-implementation-guide-singlefamily-retrofits/ o Resilient Public Facilities: https://www.hudexchange.info/resource/6753/climate- resilience-implementation-guide-resilient-public-facilities/ o Resilience Education and Outreach Activities: https://www.hudexchange.info/resource/6730/climate-resilience-implementation- guide-resilience-education-and-outreach-activities/ • HUD Exchange: Build for the Future: https://www.hudexchange.info/programs/build-for- the- future/#:~:text=Build%20for%20the%20Future%20empowers,%2Dto%2Dpeer%20know ledge%20sharing. • HUD Office of Environment and Energy Staff Contacts: https://www.hudexchange.info/programs/environmental-review/hud-environmental-staff- contacts/#region-i-regional-and-field-environmental-officers AGENDA ITEM #10.A. Public Hearing On The Kodiak Island Borough's Application To Pathways To...Page 56 of 222 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 19, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rules and Regulations ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support RECOMMENDATION: Move to adopt Ordinance No. FY2024-06. DISCUSSION: Staff is requesting to amend the Personnel Rules and Regulations to reflect minor housekeeping changes, and changes recently negotiated for the Collective Bargaining Agreement between the Kodiak Island Borough and the International Brotherhood of Electrical Workers and approved by the Assembly in Contract No. FY2024-06. ALTERNATIVES: Amend the motion Fail to approve the motion FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 57 of 222 Ordinance No. FY2024-06 Page 1 of 2 KODIAK ISLAND BOROUGH 1 ORDINANCE NO. FY2024-06 2 3 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE 4 KODIAK ISLAND BOROUGH PERSONNEL RULES AND REGULATIONS TO REFLECT 5 CHANGES NEGOTIATED IN THE COLLECTIVE BARGAINING AGREEMENT AND 6 CLARIFICATION OF POLICIES AND PROCEDURES 7 8 WHEREAS, the Kodiak Island Borough Assembly, in keeping with the personnel policy, 9 recognizes that personnel rules and regulations must be amended from time to time to provide 10 for necessary personnel adjustments; and 11 12 WHEREAS, changes to the personnel policy have been negotiated in the Collective Bargaining 13 process; and 14 15 WHEREAS, staff have found that certain language within the Personnel Rules and Regulations 16 requires clarification. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 19 BOROUGH that: 20 21 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 22 Kodiak Island Borough Personnel Rules and Regulations, Kodiak Island Borough 23 Code of Ordinances, 2.15.010. 24 25 Section 2: The Kodiak Island Borough Personnel Rules and Regulations are amended as 26 identified in Exhibit A. 27 28 Effective Date: This ordinance takes effect upon adoption. 29 30 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 31 THIS _____ DAY OF_________________, 2023 32 33 KODIAK ISLAND BOROUGH 34 35 ATTEST: 36 ___________________________ 37 Scott Arndt, Borough Mayor ______________________________ 38 Nova M. Javier, MMC, Borough Clerk 39 Introduced by: Manager 40 First reading: 41 Second reading/public hearing: 42 43 VOTES: 44 AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 58 of 222 Ordinance No. FY2024-06 Page 2 of 2 Ayes: 45 Noes: 46 47 48 49 AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 59 of 222 ORDINANCE NO. FY2024-06 EXHIBIT A Sections of the Personnel Rules and Regulations, 2022 will be amended as follows: GENERAL All employees of the Borough are required and expected to abide by certain rules and regulations. These have been established to protect each employee and the Borough from injury or other threats to their well-being and to promote harmonious, efficient working practices. The integrity and personal respect of all employees are highly regarded, both on and off the job. Failure to observe established rules and practices can lead to disciplinary action including formal warnings, probation, demotion, and termination. The Borough’s usual practice is to help employees identify problems and to improve employee performance and behavior. The specific disciplinary action will normally be based on an assessment of the offense, the circumstances and the employee’s previous record. The Borough reserves the right to take whatever disciplinary measures it feels are appropriate, including termination, if in the judgement of the responsible supervisor the employee’s conduct cannot be corrected, or it seriously threatens the wellbeing of the Borough, other employees, or the public. The primary purpose of the disciplinary system is to correct improper behavior, not to impose penalties. The supervisor is expected to recognize situations where disciplinary measures are the most appropriate means to this end. Any clarification of the appropriate disciplinary procedure should be referred to the personnel assistant Human Resources representative. The following are examples of improper conduct that warrant corrective measures. These examples are not to be interpreted as inclusive. a. Falsifying employment application, timecard, personnel or other company documents or records. b. Excessive absences or lateness. c. Neglect of Borough property. d. Unauthorized possession of company or employee property, carrying weapons or explosives, or violating criminal laws on company premises. e. Minor violations of safety rules. f. Excessive personal use of the telephone. g. Use of abusive language. h. Conduct which disrupts business activities. i. Theft of Borough property or that of other employees. j. Insubordination or refusing to follow instructions or failure to perform reasonable duties which are assigned. k. Intoxication (including the effects of drugs) during working hours. l. Deliberate misuse of Borough property. m. Deliberate injury to another person. n. Sexual harassment of another person. o. Violating a confidence; unauthorized release of confidential information. Commented [MC1]: There is no longer a Personnel Assistant position AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 60 of 222 p. Other offenses that in the supervisor’s judgement seriously threaten the wellbeing of the Borough or any employee. q. Conduct not in accord with this agreement. 411 STEP INCREASES All new regular employees after serving a six-month probationary period of overall satisfactory performance, as indicated on the Kodiak Island Borough Performance Evaluation Report form, shall receive a step increase. Each nonexempt employee is eligible, if overall performance is satisfactory, for an annual step increase on each anniversary date when 1560 hours or more of work 75% or more of the work hours stated in the employee’s employment agreement have been accumulated. Step increases occur in the manner above in accordance with the respective wage schedule for each position as set forth in Appendix A. In the event the department director determines by the evaluation that an employee has not satisfactorily performed the job, the department director may suspend the employee's step increase for a period of time during which certain specific improvements must be made. Notice of such step increase deferral and the reasons for it shall be given to the employee in writing with a copy to the Borough Manager. When the department director has determined that the employee has achieved satisfactory improvement, the suspended step increase may be approved at any time during the extended period. The suspended step increase will not be retroactive to the employee's anniversary date. When an employee has received a deferred step increase, he/she will be eligible for future annual increases one calendar year from the date of his/her last step increase, provided the employee has completed 1560 compensable hours of service 75% or more of the work hours stated in the employee’s employment agreement. 411.2 Longevity Pay A regular full-time employee shall receive an additional monetary benefit based on the length of employment with the Borough. Any break in employment longer than thirty (30) calendar days will advance the eligibility date by the number of days in excess of 30. Time served as a temporary employee shall not be included. Ten (10) years of total service, and additional two percent (2%) of dollar value of employee’s current base pay rate. Commented [MC2]: Suggestion has been made to add clarifying language “non-exempt” since Directors often put in time that is not accounted for in the payroll process. Commented [MC3]: This change allows for part time employees to receive a step increase Commented [MC4]: 2023 CBA negotiated changes AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 61 of 222 Fifteen (15) years of total service, in addition to the 10-year increase, an additional three 5 percent (3%) of dollar value of employee's current base pay rate. Twenty (20) years of total service, in addition to the 15-year increase, an additional five percent (5%) of dollar value of employee’s current base pay rate. 412 TEMPORARY ASSIGNMENTS At the discretion of the Borough Manager, an employee may be assigned to some, or all of the duties created by an employee who is temporarily absent from their of another position. The temporary higher rate of pay shall be at Step A of the salary range of the temporarily absent employee position to be filled temporarily; if the reassigned employee’s pay rate is already higher than or at the same rate as Step A of the position to be filled temporarily the reassigned employee shall be paid at the next step above his/her rate of pay at the time the reassignment commenced. The employee shall be compensated at the higher rate of pay Iif this re-assignment is made for: 1.more than six (6) of a temporarily absent employee’s regularly scheduled consecutive working days, or 2.ten (10) working cumulative days worked within a thirty-day time frame, the employee shall be compensated at the higher rate of pay. 3. More than six (6) consecutive days worked in the case of a vacancy. Temporary assignments will not be utilized to avoid filling a vacancy or newly created position. Temporary assignments are for a short-term period, not to exceed six (6) months. In the case where a bargaining unit employee is temporarily assigned to a non- bargaining unit position, the employee will still be considered a non-exempt employee and shall be paid for any applicable overtime at the higher rate of pay while in that position. If an employee is assigned to work in a higher classification for a period of more than thirty (30) calendar days, the employee will be compensated at the higher rate for holidays and annual leave taken while in the higher classification. 413 EMPLOYEE TRANSFERS Any regular Borough employee shall have the right to request and may be considered for a voluntary transfer for a specific job. Any transfer request shall be made in writing and delivered to the Human Resources Office. Regular employees may be allowed to transfer or request a change of assignment prior Commented [MC5]: Changes made clarify and accommodate various work schedules. Commented [MC6]: Separated from the first paragraph Commented [MC7]: Re-align paragraphs so that they are no longer sub-categories of the above. AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 62 of 222 to filling a vacancy with a new hire. When an employee is transferred from one position to another with a common pay range, the rate of pay shall remain the same. When an employee transfers from one position to another having a lower pay range, the rate of pay shall remain the same unless it exceeds the maximum step in the new range. If the current rate of pay exceeds the maximum step in the new range, the rate of pay will be the maximum step in the new range. If the employee’s current rate of pay falls within the range of the lower pay range, the pay shall remain the same and will be placed on the proper step of the new lower pay range. The employee's anniversary date shall change to the effective date of the transfer. Any employee who transfers shall be given a reasonable period, not to exceed ninety (90) calendar days, to become acquainted with the job and to demonstrate ability to fill the job satisfactorily. The supervisor shall prepare a written performance evaluation on day eighty (80) of the evaluation period and will review this evaluation with the employee before day ninety (90). If during the evaluation period the employee demonstrates unsatisfactory ability for the job, the employee shall be returned to the employee’s former job without loss of seniority and with no recourse to the grievance/arbitration procedure. The employee may opt to return to the former position within the ninety (90) calendar days. In this event, the rate of pay and anniversary date shall return to be the same as before the transfer. 415 EVALUATION The Borough and employees endorse written evaluation of all employees by supervisors for the purpose of evaluating the employees' strengths and weaknesses in their job performance. The written evaluation shall include a rating and comment on each of the position duties described in the job description and the completion of the Kodiak Island Borough Performance Evaluation Report. The overall rating on the form shall be determined by the rater as the best judgment of the overall performance of the individual. This rating is not a numerical average of the individual factors. Each employee shall be evaluated at least once per year a minimum of thirty (30) days prior to their anniversary date unless a delay is requested and mutually agreed upon. If any employee’s evaluation is not timely prepared or not delayed by mutual agreement, the employee’s performance shall be considered satisfactory. In the event an employee receives an unsatisfactory rating in any category of their evaluation, a personal conference will be held with the employee by the Commented [MC8]: 2023 CBA negotiated change Commented [MC9]: To account for situations in which the employee or supervisor are not available during the appropriate time frame, such as being on leave. AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 63 of 222 appropriate supervisor, in which his/her problems and suggestions for eliminating these problems are discussed to discuss the reason(s) for the unsatisfactory rating and potential improvements. A written plan of improvement shall be implemented addressing the specific areas that resulted in the unsatisfactory evaluation giving specific instructions for improvement and date the employee will next be evaluated for improvement. Detailed written records of all such conferences will be maintained. The supervisor shall re- evaluate the employee in writing when the improvements have been made but in no event later than sixty (60) calendar days following the unsatisfactory rating. A supervisor who has given his/her notice of termination of employment shall be required to provide current evaluations, prior to termination, on all employees not evaluated within the last six (6) months. 608 FLEXIBLE SCHEDULING OF WORK HOURS Supervisors are permitted to put their employees on flexible schedules so long as neither service to the public nor normal office hours are reduced, and so long as the employees volunteer in writing for flexible scheduling. Flexible scheduling is intended as an employee benefit; therefore, only employees who volunteer in writing to their supervisor for the flexible hours should be scheduled that way. Hours or work scheduled outside the standard work week are to be avoided. Flextime is the scheduling of an employee to work eight (8) hours per day between the hours of 7:00 a.m. and 6:00 p.m. Flextime must be approved by the employee’s supervisor or the Borough Manager. Approval of flexible scheduling prior to 7:00 a.m. or after 6:00 p.m. will be granted only under extenuating circumstances and must be mutually acceptable to the employer and the Union, if applicable. The flexible scheduling agreement shall be reviewed on an annual basis. If the employee transfers to another department while the agreement is in effect, the agreement shall remain in place, contingent upon mutual agreement between the employee and the Director of the incoming employee’s new department. Any change to the flexible scheduling agreement shall be mutually agreed to between the employee, the Department Director and the Borough Manager or his/her designee. Section 701 ANNUAL LEAVE ENTITLEMENT (on a calendar year basis) Leave with pay shall accrue to all full-time regular employees at the following rates based upon twenty-six (26) annual pay periods of eighty (80) hours per pay period. Length of Service Annual Total Commented [MC10]: Unenforceable AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 64 of 222 0 through 2 years 18 days Over 2 years but less than 5 years 21 days Over 5 years but less than 8 years 24 days Over 8 years but less than 10 years 27 days 10 years and over 30 days For regular part-time employees working less than thirty (30) hours a week and regular full-time employees working thirty plus (30+) hours but less than forty (40) hours a week, annual leave accrual will be prorated based upon normally scheduled hours per pay period the scheduled hours described in the employee’s employment agreement. 702 ANNUAL LEAVE - GENERAL Annual leave may be used for vacations, personal business, and periods of illness. Leave for periods of time not exceeding three (3) working days shall be scheduled at least 24 hours in advance. Vacation leave exceeding three (3) working days shall be requested at least two (2) weeks in advance (using a Leave Request Form) Vacation leave will be charged to annual leave. If annual leave is insufficient, leave will be charged to leave without pay if approved by the Borough Manager. Supervisors are responsible for permitting employees to utilize all leave earned in any calendar year. Supervisors and employees must schedule such leave usage in advance so as not to unduly conflict with or severely restrict the normal work requirements of their respective department. In the event two employees submit leave requests on the same day and for the same period of time, the most senior employee will be granted his/her leave request if both employees cannot be spared, unless unusual circumstances dictate otherwise. Employees shall not be eligible to utilize annual leave during the probationary period. Upon successful completion of the probationary period, the employee will be credited with nine (9) days of accrued annual leave time. Employees who do not complete the probationary period or who are not retained beyond the probationary period shall not be credited and paid for their accrued leave for their period of employment. Employees who, for good and sufficient cause, must be absent during the probationary period shall be considered in a leave without AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 65 of 222 pay status, if approved by the Borough Manager. Any new employee hired between the first (1st) and the fifteenth (15th) days of the month, inclusive, shall be considered to have worked the full month for leave purposes; and any employee hired after the fifteenth (15th) day of the month shall be credited with leave for half a month. Annual leave can be accrued from year to year with a maximum accrual limit of seventy-five (75) sixty-eight (68) working days. Leave continues to accrue during the period of time an employee is on paid leave. A recognized holiday occurring during an employee's leave period shall not be counted as a day of leave. 705 MANDATORY LEAVE All employees must utilize a minimum of ten (10) days annual leave per annum. Excess annual leave (over seventy-five (75) sixty-eight (68) working days) will automatically be transferred into the sick leave account at the end of the calendar year. 707 SICK LEAVE Each full-time regular employee shall accrue sick leave from the date of employment at the rate of fifteen (15) days per calendar year pro-rated by twenty-six (26) pay periods of eighty (80) hours each, regardless of length of service. For regular part-time employees working less than thirty (30) hours a week and regular full-time employees working thirty plus (30+) hours but less than forty (40) hours a week, sick leave accrual will be prorated based upon regularly scheduled hours per pay period the scheduled hours described in the employee’s employment agreement. Sick leave is available for use by the employee or if the employee's dependent child, as defined within the Family and Medical Leave Act (see section 708 definitions), or spouse is sick and requires the physical presence of the employee in the interest of family welfare. Employees not able to work due to illness shall notify their supervisor within two (2) hours prior to the as soon as practical, but not later than their scheduled reporting time. When sick leave exceeds three (3) consecutive workdays a statement from a licensed health care practitioner may be required to substantiate the leave taken. If sick leave is not sufficient to cover an absence due to illness, leave shall be charged to annual leave, then to leave without pay. Accrued sick leave may be used during the probationary period. Excess annual leave (over seventy-five (75) sixty-eight (68) working days) will automatically be transferred into the sick leave account at the end of every calendar year. Commented [MC11]: 2023 CBA negotiated change Commented [MC12]: Reduced per KIB request during CBA negotiations. AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 66 of 222 No cash payment will be made to an employee for unused sick leave when the employee terminates from Borough service. 708 FAMILY/MEDICAL LEAVE The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks job-protected leave per year. It also requires that their group health benefits be maintained during the leave. Employees are eligible to use family leave if they have been employed for twelve (12) months immediately preceding the leave and worked 1,250 hours of service for at least 35 hours a week for at least six consecutive months or for at least 17.5 hours a week for at least 12 consecutive months immediately preceding the leave. An employee is entitled to the benefits guaranteed under the provisions of the federal Family and Medical Leave Act (FMLA) and the state law provisions (AS 39.20.500-550), as they may be amended from time to time, and the following paragraphs shall apply unless in conflict with those provisions of law. In compliance with the state and federal Family and Medical Leave acts (including any amendments) family leave (sick leave) may be utilized by eligible employees for a serious health condition of the employee, their child, spouse, or parent. Up to twenty-four (24) weeks in any twenty-four (24) month period may be utilized for this purpose with a maximum of eighteen (18) weeks allowed in any twelve (12) month period (i.e., an employee who opts to take eighteen (18) weeks in the first twelve (12) months would then have six (6) weeks remaining to take in the following twelve (12) months). The Family and Medical Leave Act also allows for family leave to be utilized by eligible employees for pregnancy and birth of a child of the employee, or the placement of a child, other than the employee's stepchild, with the employee for adoption. The right to take leave for this reason expires on the date one year after the birth or placement of the child. Up to eighteen (18) weeks within a twelve (12) month period may be taken for this purpose. The twelve (12) month period will be calculated from the day the employee first utilizes family/medical leave. All family/medical leave will first be charged to sick leave, then to annual leave and then to leave without pay. Employees may notify the designated Human Resources representative if they choose to retain a balance of five (5) days paid leave before switching to leave without pay. Leave without pay provisions as outlined in this document will apply. Commented [MC13]: Changed to match language in Alaska Statute 39.20.500.b Commented [MC14]: Clarification of process AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 67 of 222 Kodiak Island Borough Parental leave: An employee who has been employed for not less than twelve (12) ten (10) consecutive months is entitled to take a total of six (6) months leave of absence immediately preceding and following childbirth or adoption. This leave is concurrent with and extends the benefits of the FMLA. The employee requesting parental leave may receive cash payment in lieu of up to ten (10) days accumulated annual leave. A request for this payment must be made at least thirty (30) calendar days in advance. The employee who desires to resume employment following parental leave shall submit a request for leave at least thirty (30) calendar days prior to any parental leave, unless extenuating medical circumstances prevent such notice. The employee shall be reinstated with no loss of time in service. Employee Notice - If the necessity for leave is foreseeable based on an expected birth or adoption or planned medical treatment or supervision, the employee shall provide the Borough with at least thirty (30) calendar days’ notice prior to the expected need for leave wherever possible. Where thirty (30) calendar days’ notice is not possible, the employee is required to provide such notice as is practicable. The employee shall also make a reasonable effort to schedule treatment or supervision so as not to disrupt unduly the operations of the Borough, subject to the approval of the employee's health care provider. Group Health Coverage - During the time that an employee is on leave under the Act, the Borough will maintain coverage under the group health plan at the level and under the conditions that coverage would have been provided if the employee had been employed continuously from the date the leave began to the date the employee returns from leave. Employees who pay premiums for health insurance coverage by paycheck deduction will still be responsible for those premiums while on leave without pay. The Borough's obligation to maintain health insurance coverage will cease if an employee's premium is thirty (30) calendar days late. The Borough may recover the costs for maintaining health insurance coverage for an employee on unpaid leave if the employee fails to return from the entitled leave period for a reason other than the recurrence or continuation of a serious health condition or other circumstances beyond the control of the employee. Certification - The family/medical leave act contains a provision allowing employers to verify the existence of a "serious health condition" before granting an employee's leave request. Employees requesting leave because of a serious health condition may be required to produce a "certification" from the treating licensed health care provider of the patient. The Borough may also, at its own expense, require a second opinion to ascertain the validity of the certification provided by the treating licensed health care provider. Commented [MC15]: Consistent with CBA and prior PRR version. Change in last PRR update was in error. AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 68 of 222 Return to Work – The Borough Manager, at his/her discretion, may require a certificate from an attending physician that the employee who has taken family medical leave is able to return to work. Employee's Rights Upon Return from Leave - Unless the Borough's business circumstances have changed to make it impossible or unreasonable, when an employee returns from leave mentioned above, the Borough shall restore the employee to the position of employment held by the employee when the leave began; or to a substantially similar position with substantially similar benefits, pay, and other terms and conditions of employment. Definitions -"parent" means a biological or adoptive parent, a parent-in-law, or a stepparent. "child" includes the employee's biological, adopted, or foster child, stepchild, or legal ward who is under 18 years of age; or 18 years of age or older and incapable of self-care because of mental or physical disability. "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential health care facility; or continuing treatment or continuing supervision by a health care provider. 709 LEAVE WITHOUT PAY Leave-without-pay, if approved by the Borough Manager, may be granted to an employee not to exceed thirty (30) days per fiscal year. Leave without pay shall not be granted until such time as all accrued annual leave has been exhausted. Annual and sick leave do not accrue when the employee is in a leave-without- pay status longer than ten (10) working days. Employees who are in a leave- without-pay status longer than ten (10) consecutive working days will also not be eligible for holiday pay within the leave without pay period. Under the Public Employees Retirement System (PERS), leave-without-pay exceeding ten (10) working days is not creditable service. Employees in leave-without-pay status for more than ten (10) working days for a reason other than Family/Medical Leave, will be responsible for paying that portion of the health insurance premium for the leave taken beyond ten (10) working days. Coverage can continue under the Consolidated Omnibus Budget Reconciliation Act (COBRA). Exempt employees in leave-without-pay status will not have any reduction in pay for absences of less than a full day (eight hours) of leave-without-pay in recognition of the fact that exempt employees are not eligible for overtime pay. 710 INTENTIONALLY LEFT BLANK EDUCATIONAL LEAVE WITHOUT PAY Commented [AW16]: Added to include method to maintain healthcare in qualifying events. Commented [MC17]: This section has not been utilized. AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 69 of 222 Educational leave without pay may be granted for educational purposes directly related to employment with a specific benefit to the Kodiak Island Borough. Approval will be contingent upon the work schedule allowing the time to be taken without a disruption to Borough business. If approved by the Borough Manager, this leave may be granted to an employee not to exceed one-hundred- twenty (120) calendar days. Annual and sick leave do not accrue when the employee is in an educational leave without pay status longer than ten (10) working days. Employees who are in an educational leave without pay status will not be eligible for holiday pay during the period they are on educational leave without pay status. 711 HOLIDAY LEAVE The following holidays shall be recognized by the Borough: New Years Day 1 January Martin Luther King's Birthday 3rd Monday in January President's Day 3rd Monday in February Seward's Day Last Monday in March Memorial Day Last Monday in May Juneteenth 19 June Independence Day 4 July Labor Day 1st Monday in September Veteran's Day 11 November Thanksgiving Day 4th Thursday in November Thanksgiving Friday Day after Thanksgiving Christmas Day 25 December Employee's Birthday An employee’s birthday shall be observed on a workday mutually agreed to by the employee and the Employer within three months prior or three months after their actual birthday. Employees who ask to celebrate their birthday holiday during the month in which it falls will not be unreasonably denied. In addition to Borough recognized holidays, every day designated by public proclamation by the President of the United States or the Governor of Alaska as a legal holiday shall also be observed as a holiday for Borough employees. (Alaska Day was traded for Thanksgiving Friday and Lincoln's Birthday was traded for Employee's Birthday, and Indigenous People’s Day was traded for Seward’s Day). In the event of a recognized holiday falling on Saturday, the preceding AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 70 of 222 Friday shall be observed. In the event of a recognized holiday falling on Sunday, the following Monday shall be observed. All employees shall be excused from work on recognized holidays and special holidays, except where the activities of the Borough require that regular or emergency work be performed. In the event that holiday work is required, the rate of pay for employees working on holidays shall be at doubletimedouble-time for all hours worked in addition to the regular holiday pay. Temporary employees are not eligible for holiday pay. A supervisor with employees whose normal work week is outside the work week of Monday through Friday may change the holiday work schedule in order to meet the needs of the public, with the approval of the department director. 712 BEREAVEMENT LEAVE Accrued sick leave or, at the employee's option, annual leave or leave without pay if approved by the Borough Manager, not to exceed five (5) days At the employees option, accrued sick leave or annual leave may be used by an employee upon the death of a member of the employee's or their spouse's immediate family. Immediate family is defined as spouse, siblings, son, daughter, parents, stepchildren, stepparents, stepsiblings, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparents, and grandchildren. Up to three (3) additional days of sick leave, annual leave, or leave without pay may be granted to accommodate required travel. If the employee’s annual and sick leave are or become exhausted, and the employee desires to utilize leave without pay, the employee shall request approval from the Borough Manager as described in Section 709 for the purpose of bereavement. 717 SICK LEAVE BANK All Kodiak Island Borough regular employees are eligible to participate in a Sick Leave Bank. The Sick Leave Bank shall be administered by the Borough Manager. The Finance Department shall maintain an accounting of the Sick Leave Bank balance at all times. The balance information will be available to any participant upon request. It is the Manager’s responsibility to approve or deny requests for Sick Leave Bank usage. Each employee enrolling in the Bank will donate one (1) day of his/her sick leave to the Bank each year, until the Bank is built up to a maximum of three hundred (300) days. No more days will be added to this maximum until the Bank is depleted to two-hundred-fifty (250) days except for new participants. The Finance Department shall maintain an accounting of the Sick Leave Bank balance at all times. This information will be available to any member upon request. Commented [MC18]: Revised for clarification during CBA negotiations AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 71 of 222 Contributions will be made to the Bank once a year in the month of January according to the above limitations. The employee will be responsible for submitting donation forms between January 1 and January 31. In the event the Bank becomes totally depleted during the year, each member of the Bank may donate additional days up to a maximum donation of three (3) days per year. An employee withdrawing from membership in the Bank will not be able to withdraw the contributed days. An employee will not be able to withdraw days from the Bank until all of his/her own accrued sick leave and annual leave have been depleted. The maximum number of Sick Leave Bank days available to a member shall be twenty-two (22) days in any calendar year. In the case of multiple requests, if there are not enough days in the Bank to cover the requests in full, the available days will be split evenly between the requesting employees. Employees withdrawing Sick Leave Bank days will not be required to replace these days except as a regular contributing member of the Bank. Employees withdrawing Sick Leave Bank days may voluntarily contribute additional days to the Bank. Participation Rules: 1. Donations using the Sick Leave Bank Donation form will be made to the Bank once a year in the month of January for any employee wanting to participate in the Sick Leave Bank. The employee will be responsible for submitting donation forms to payroll between January 1 and January 31. 2. Each participant will donate one (1) day of their sick leave to the Bank in January of each year, until the Bank is built up to a maximum of three hundred (300) days. 3. No more days will be added after the maximum amount of 300 days has been reached until the Bank is depleted to two hundred fifty (250) days, except for new participants. In the case where the bBank is depleted to less than two hundred fifty (250) days, the Finance Department will notify participants and participants may donate additional days up to a maximum donation of three (3) days. 4. In the event that the Bank becomes totally depleted (0 days) during the year, the Finance Department will notify each participant of the Bank. Upon notification, participants will be required to donate a minimum of one (1) day up to a maximum of three (3) additional days each year to if they wish to continue participation in the Sick Leave Bank. Donations will be accepted for 20 working days from the written notification to sick leave bank participants. AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 72 of 222 A participant will not be able to withdraw days from the Bank until all of their own accrued sick leave and annual leave have been depleted. The maximum number of Sick Leave Bank days available to a member participant shall be twenty-two (22) days in any calendar year. In the case of multiple requests, if there are not enough days in the Bank to cover the requests in full, the available days will be split evenly between the requesting employees. Employees withdrawing Sick Leave Bank days will not be required to replace these days except as a regular contributing member of the Bank. Employees withdrawing Sick Leave Bank days may voluntarily contribute donate additional days to the Bank. An employee withdrawing from participation in the bBank or upon termination of employment with the Borough will not be able to withdraw the donated days. Sick leave days can only be withdrawn from the Bank for the individual member’s participant’s serious illness or injury. Normal pregnancy and parental leave not associated with illness or disability under Section 707 of the Personnel Manual are not eligible for Sick Leave Bank requests. Requests for use of Bank days will be forwarded by the employee to the Borough Manager and must be accompanied by a letter from the attending physician. The approval of the request shall be subject to the attending physician’s supportive statement. Approved requests will then be forwarded to payroll for processing. The Kodiak Island Borough sick leave bank donation form shall be used as verification of sick leave donated to the Sick Leave Bank. Qualifications for Membership participation in Sick Leave Bank a. Only regular full-time or part-time employees are eligible to participate in the Sick Leave Bank. b. Only contributing members participants of the Sick Leave Bank are eligible to use the Bank. c.Employees who have completed their probationary period are eligible to donate one (1) day of their sick leave to the Bank. Any donation will be made within thirty (30) days of the end of the probationary period. Members may use the Sick Leave Bank only after they have completed their probationary period. Date of hire will determine eligibility. An employee may contribute to the Bank as soon as all other requirements are met. 1105 MOVING EXPENSES FOR NEW EMPLOYEES AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 73 of 222 When there is a position to be filled and the best applicant is from outside of Kodiak, the Borough Manager may authorize the reimbursement of moving expenses. Such positions may be reimbursed for actual and necessary expenses under the following conditions: a. The employee must be appointed to a position for which the Borough Manager certifies that such expenditure is necessary to recruit qualified employees. b. The maximum reimbursable for an employee shall be determined at the time of employment in accordance with current costs not to exceed the equivalent of one month's salary. On a case-by-case basis and upon approval of the Borough Assembly, additional reimbursement of moving expenses exceeding this limit may be authorized by the Borough Manager. c. New employees who are assisted with their moving expenses under this policy shall be required to sign a Transportation Agreement prior to employment. The Transportation Agreement shall stipulate that the employee will reimburse the Borough for all or part of such expenditures in the event he or she voluntarily leaves Borough service, or is discharged for cause, within a period of two (2) years according to the following schedule: 100% -Less than twelve (12) months 75% -Twelve (12) but less than eighteen months 50% -Eighteen (18) but less than twenty-four (24) months Any time that an employee spent in a Leave Without Pay status will be added to the above timelines. d. New employees may not be given an advance against moving expenses without prior written approval of the Borough Manager. e. It is the responsibility of the appointing authority to see to it that prospective new employees are aware of pertinent limitations of these regulations before a move is made. f. Reimbursement shall be based upon itemized receipts for moving expenses. The appointing authority shall be responsible for advising new employees of dollar limitations, the need for itemized receipts or invoices, the meaning of the Transportation Agreement, and other pertinent matters prior to their move. AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 74 of 222 1106 CLOTHING ALLOWANCE Where special clothing or a uniform is required for the position because of exposure to hazardous materials or compounds, an annual clothing reimbursement shall be allowed. The yearly amount to be paid shall be based on the cost of the required clothing as determined on the Clothing Reimbursement Form. All payments will be in accordance with current Internal Revenue Service (IRS) regulations. 1114 TRAVEL The Borough will be responsible for purchasing lodging and transportation for Eemployees who are traveling out of town on official business will be reimbursed for reasonable expenses by the Borough. The Borough will provide for and/or reimburse the employee for transportation costs. Transportation will normally be by air and supplemented by such ground or water transportation as is necessary. All other costs incidental to such travel, and of a normal and necessary nature will be reimbursed. Such expenses would include hotel rooms, auto rental or ride fare, and telephone. The Borough will reimburse the employee for local transportation such as ride services (Uber, Lyft, taxi, or tax, public transportation) upon submission of a payment request with a copy of receipts and the executed Travel Authorization. Employees will be paid a per diem for meals equal to the amount listed in the current US Government Services Administration (GSA) agency schedule. It should be noted that for non- contiguous states (Alaska and Hawaii) the GSA uses the Department of Defense Rates. These rates can be found on the Federal Government web site at http://www.gsa.gov. The federal government regulations also specify that on the first and last day of travel, per diem will be 75% of the daily rate. When an employee is on official business beyond their normal work hours and not requiring an overnight stay, per diem will be 75% of the daily rate. All The Borough and its employees on official travel are expected to make every effort to minimize the cost of travel. Examples of costs that will not normally be reimbursed are: The Borough will not pay for first class air travel, gourmet meals, alcoholic beverages, party expenses, plush hotel suites, etc. Before embarking on any travel and prior to submitting travel-related check payment requests or purchase orders, employees must submit a Travel Authorization Form. Hotel rooms will generally be reserved and paid using the purchase order system. In the event that an accommodation is found to be unavailable upon arrival, and payment cannot be made by the Borough, Rreimbursement may be requested for hotel rooms with proper receipt submittal. An advance for per diem can be requested no sooner than two weeks prior to travel. Commented [MC19]: CBA negotiated changes for an update to reflect current practice Commented [AW20]: Updated tax to taxi AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 75 of 222 Information about the Tax Cuts & Jobs Act AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 77 of 222 From the US Department of Labor – The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time under certain circumstances such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events. Qualified individuals may be required to pay the entire premium for coverage up to 102% of the cost to the plan. COBRA health coverage benefits: •Continuity in Coverage o Generally, your coverage under COBRA will be the same coverage you had while you were an employee. This is helpful if you would like to continue to see your same doctors and receive the same health plan benefits. •Coverage for Dependents o Your dependents (i.e., spouse, former spouse, or children) are also eligible for COBRA coverage, even if you (the former employee) do not sign up for COBRA coverage. •Avoiding a Lapse in Coverage o COBRA can help those who need health coverage during the time between losing job-based coverage and beginning other health coverage. •Generous Time to Enroll o You have 60 days to enroll in COBRA once your employer-sponsored benefits end. Even if your enrollment is delayed, you will be covered by COBRA starting the day your prior coverage ended. You will receive a notice from your employer with information about deadlines for enrollment. AGENDA ITEM #10.B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul...Page 78 of 222 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 19, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: 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 ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to adopt Ordinance No. FY2024-07. DISCUSSION: All boards, committees, and commissions established under Title 2 of the Borough Code, with the exception of those mandated by state law, shall terminate by operation of law three years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three years. The boards, committees, and commissions reestablished per this Ordinance will be for three years, December 31, 2023, until December 31, 2026. Chapter 2.110 - Emergency Services Council Last met on October 27, 2021 Chapter 2.120 - Parks and Recreation Committee Last met on August 25, 2020 Chapter 2.125 - Architectural/Engineering Review Board Last met on November 28, 2022 Chapter 2.145 - Solid Waste Advisory Board Last met on September 19, 2023 Chapter 2.160 - Borough Lands Committee Last met on March 13, 2019 The notice of termination as required by KIBC 2.100.080 will be advertised on October 11 and October 18. The board and committee members were notified of the public hearing by email on October 10, 2023. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Title 2 Administration and Personnel Chapter 2.100 Boards, Committees, and Commissions 2.100.180 Termination. A. All boards, committees, and commissions established under this chapter, with the exception of those mandated by state law, shall terminate by operation of law three years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three years. Any newly created board, committee, or commission shall be subject to the provisions of this section. Prior to the termination, continuation, or reestablishment, the clerk shall publish a notice of termination 60 days prior to the termination, and the assembly shall hold a public hearing, receiving testimony from the general public and members of the board, committee, or commission. In said hearing, the AGENDA ITEM #10.C. Ordinance No. FY2024-07 Reestablishing Boards, Committees, And Commissio...Page 79 of 222 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 19, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough board, committee, or commission shall have the burden of demonstrating a public need for its continued existence. AGENDA ITEM #10.C. Ordinance No. FY2024-07 Reestablishing Boards, Committees, And Commissio...Page 80 of 222 Kodiak Island Borough, Alaska Ordinance No. FY2024-07 Page 1 of 2 KODIAK ISLAND BOROUGH 1 ORDINANCE NO. FY2024-07 2 3 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 4 REESTABLISHING BOARDS, COMMITTEES, AND COMMISSIONS AS ESTABLISHED IN 5 THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND 6 PERSONNEL CHAPTER 2.100 BOARDS, COMMITTEES, AND COMMISSIONS 7 8 WHEREAS, all boards, committees, and commissions established under Title 2, Chapter 2.100 9 of the Kodiak Island Borough Code of Ordinances, with the exception of those mandated by law, 10 shall terminate by operation of law every three years, unless affirmatively re-established or 11 continued by the Assembly; and 12 13 WHEREAS, the Assembly shall hold a public hearing to receive testimony on the need for the 14 continued existence of the board, committee, or commission from the general public and 15 members of the board, committee, or commission. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 18 BOROUGH that: 19 20 Section 1: This ordinance is of a general and permanent nature and shall become a part of 21 the Kodiak Island Borough Code of Ordinances; and 22 23 Section 2: The following boards, committees, and commissions are hereby affirmatively 24 reestablished in the Kodiak Island Borough Code of Ordinances effective 25 midnight December 31, 2023, through December 31, 2026. 26 27 Chapter 2.110 Emergency Services Council 28 Chapter 2.120 Parks and Recreation Committee 29 Chapter 2.125 Architectural/Engineering Review Board 30 Chapter 2.145 Solid Waste Advisory Board 31 Chapter 2.160 Borough Lands Committee 32 33 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 34 THIS _____ DAY OF_________________, 2023 35 36 KODIAK ISLAND BOROUGH 37 38 ATTEST: 39 ___________________________ 40 Scott Arndt, Borough Mayor ______________________________ 41 Nova M. Javier, MMC, Borough Clerk 42 Introduced by: Mayor and Assembly 43 First reading: 10/05/2023 44 AGENDA ITEM #10.C. Ordinance No. FY2024-07 Reestablishing Boards, Committees, And Commissio...Page 81 of 222 Kodiak Island Borough, Alaska Ordinance No. FY2024-07 Page 2 of 2 Second reading/public hearing: 45 46 VOTES: 47 Ayes: 48 Noes: 49 50 51 52 53 AGENDA ITEM #10.C. Ordinance No. FY2024-07 Reestablishing Boards, Committees, And Commissio...Page 82 of 222 NOTICE OF TERMINATION, CONTINUATION, OR REESTABLISHMENT OF DIFFERENT BOARDS, COMMITTEES, AND COMMISSIONS KIBC 2.100.180 dictates that all Kodiak Island Borough boards, committees, and commissions established under Title 2 shall terminate by operation of law three years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three (3) years. The Assembly will hold a public hearing on Thursday, October 19, 2023, to receive testimony from the general public and members of the board, committee, or commission. In said hearing, the board, committee, or commission shall have the burden of demonstrating a public need for its continued existence. The list includes the following: Planning and Zoning Commission, Emergency Services Council, Parks and Recreation Committee, Architectural/Engineering Review Board, Solid Waste Advisory Board, and Borough Lands Committee. If you wish to testify during the public hearing on Thursday, October 19, 2023, you may attend the meeting which starts at 7:30 p.m. in the Assembly Chambers or call (907) 486-3231 or (855) 492-9202. TO BE ADVERTISED ON OCTOBER 11 AND OCTOBER 18. AGENDA ITEM #10.C. Ordinance No. FY2024-07 Reestablishing Boards, Committees, And Commissio...Page 83 of 222 From:Nova Javier To:Clerks Cc:Christopher French; Bronwyn Currie; Aimee Williams; Dave Conrad; Patricia Valerio Bcc:Brian H; millstein.ben@gmail.com; Travis Cooper; jrarneson@gmail.com; Pisa Faumui; Larry LeDoux; Cort Neff; Christopher Paulson; Gronn, Corey; benjamin.shryock@alaska.gov; jerrol@friendcontractors.com; john.premier@alaska.net; tys@kiha.org; jascha@brechan.com; codi allen; drohrer@kodiakak.net; cindy.mika@kibsd.org; "Terri Pruitt"; "Larry Van Daele "; "Andie Wall "; "Kerry Irons "; dhogen@gmail.com; Jennifer Nutt Subject:Notice of Public Hearing for Ordinance No. FY2024-07 - Continuation and Reestablishment of Boards (Bcc"d Board Members) Date:Tuesday, October 10, 2023 9:59:00 AM Attachments:image001.png To Parks and Recreation Committee Members, Architectural Review Board Members, and Solid Waste Advisory Board Members, You are receiving this email because you currently serve as a board member or an ex-officio member on one of the Borough Boards. This is to notify you that there will be a public hearing on Thursday, October 19, 2023, on 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. The meeting will start at 6:30 p.m. in the Borough Assembly Chambers. Title 2 Administration and Personnel Chapter 2.100 Boards, Committees, and Commissions 2.100.180 Termination. A. All boards, committees, and commissions established under this chapter, with the exception of those mandated by state law, shall terminate by operation of law three years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three years. Any newly created board, committee, or commission shall be subject to the provisions of this section. Prior to the termination, continuation, or reestablishment, the clerk shall publish a notice of termination 60 days prior to the termination, and the assembly shall hold a public hearing, receiving testimony from the general public and members of the board, committee, or commission. In said hearing, the board, committee, or commission shall have the burden of demonstrating a public need for its continued existence. If you cannot attend the meeting in person, you may call (907) 486-3231 or (855) 492-9202 during the public hearing. If you wish to submit written comments, you may email them to clerks@kodiakak.us by noon on Thursday, October 19. Thank you for your continued service to the Kodiak Island Borough. Sincerely, Nova Nova M. Javier, MMC Borough Clerk 710 Mill Bay Road, Room 234 AGENDA ITEM #10.C. Ordinance No. FY2024-07 Reestablishing Boards, Committees, And Commissio...Page 84 of 222 AGENDA ITEM #11.A.Borough Manager's ReportPage 85 of 222 AGENDA ITEM #11.A.Borough Manager's ReportPage 86 of 222 AGENDA ITEM #11.A.Borough Manager's ReportPage 87 of 222 AGENDA ITEM #11.A.Borough Manager's ReportPage 88 of 222 AGENDA ITEM #11.A.Borough Manager's ReportPage 89 of 222 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 19, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT:Contract No. FY2024-21 Approving An Updated Fire Protection Agreement Between Kodiak Island Borough Airport Protection District and the Womens Bay Fire Protection District ORIGINATOR:Dora Cross, Finance Director RECOMMENDATION: Move to authorize the manager to execute Contract No. FY2024-21 to update the Fire Protection Agreement Between Kodiak Island Borough Airport Protection District and the Womens Bay Fire Protection District. DISCUSSION: In March 1997, the Borough created the Kodiak Island Borough Airport Protection District for the purpose of providing fire protection within the service area. In February of 2001, an agreement was executed between the Airport Protection District and Womens Bay Fire Protection District in which the Airport Protection District paid the Womens Bay Protection District for fire protection services. In 2001, when the agreement was executed, the levy rate for the Airport Protection District was 1.0 mill, which is the mill rate listed in the agreement. In 2003, the levy rate changed to 1.25 mills but the agreement did not change from the original 1.0 mill. Since the inception of the agreement, the Airport Protection District has paid Womens Bay Fire Protection District all taxes collected and did not withhold the additional 0.25 mills not included in the agreement. Since this service area does not have an active service board, staff is requesting the agreement be updated and that the payment terms be changed from a stated mill collection rate, to simply what the service area has collected in property taxes. The manager is permitted to sign contracts on behalf of the Airport Fire Protection District and the Womens Bay Fire Protection District Per KIBC 3.30.010 and 4.20.020. ALTERNATIVES: Do not update the agreement or update any of the agreement's other terms. FISCAL IMPACT: None OTHER INFORMATION: Reference Documents included: KIB Code sections 3.30.010 & 4.20.020, Current Fire Protection Agreement, Mill Rate History, and Ordinance No. FY97-03 AGENDA ITEM #14.A.1. Contract No. FY2024-21 Approving An Updated Fire Protection Agreement Be...Page 90 of 222 Fire Service Area Agreement 2023 Page 1 of 2 FIRE PROTECTION AGREEMENT This agreement is made between the Womens Bay Fire Protection District, (WBFD) and the Kodiak Island Borough Airport Fire Protection District, (AFD), both service areas of the Kodiak Island Borough which is a municipal corporation with business offices located at 710 Mill Bay Road, Kodiak, Alaska. In consideration of the mutual benefits and obligations set forth in this Agreement, the parties agree as follows: 1. Termination of Prior Agreement. The February 13, 2001 agreement between the WBFD and the AFD for fire and emergency services is terminated and replaced by this agreement upon the effective date of this agreement. 2. Fire Protection Service. WBFD will provide AFD and AFD will receive from WBFD adequate fire protection for the area described as the Kodiak Island Borough Airport Fire Protection District established by Ordinance #97•03 of the Kodiak Island Borough. The fire protection will be furnished and received on the terms and conditions presented below. 3. Duration of Services and Fee. The fire protection will begin on the date of execution of this agreement and continue until terminated pursuant to Section 4 of this agreement. The annual fee for the services provided by WBFD shall be the total amount of taxes collected for fire protection and emergency responder services in the prior fiscal year on the total taxable real and personal property within the boundaries of AFD. These funds will be placed in the WBFD account no later than 30 days following the end of each fiscal year. 4. Renewal and Termination. This agreement is automatically renewed each year, but WBFD retains the right to review the fee annually with any adjustments to be submitted to the assembly as part of the annual budget process. This agreement can only be terminated at the end of each fiscal year and either party to this agreement wishing to terminate it must give notice to the other parties, (WBFD, AFD, KIB) in writing 90 days prior to the end of each fiscal year. 5. Conditions. This service is to be provided subject to the command and control of the WBFD who will be the first responder within the AFD subject to the Mutual Aid Response agreement and requirements. 6. Limitation on Liability. This agreement does not affect or alter the provisions of AS 09.65.070 that an action may not be maintained against an employee or member of a fire department operated and maintained by a municipality if the claim is an action for tort or breach of a contractual duty and is based upon the act or omission of the employee or member of the fire department in the execution of a function for which the department is established. 7. Entire Agreement. This document constitutes the entire agreement between the parties and any additions or modifications must be executed in writing and signed by all participating parties. AGENDA ITEM #14.A.1. Contract No. FY2024-21 Approving An Updated Fire Protection Agreement Be...Page 91 of 222 Fire Service Area Agreement 2023 Page 2 of 2 IN WITNESS WHEREOF, the parties have executed this Agreement effective the __ day of __________, 2023. Kodiak Island Borough _____________________ Date:___________ Aimee Williams Borough Manger Kodiak Island Borough Airport Fire Protection Service Area ______________________ Date:___________ Aimee Williams Borough Manager Kodiak Island Borough Womens Bay Service Area ______________________ Date:___________ Aimee Williams Borough Manager ATTEST: _____________________ Nova Javier Borough Clerk AGENDA ITEM #14.A.1. Contract No. FY2024-21 Approving An Updated Fire Protection Agreement Be...Page 92 of 222 AGENDA ITEM #14.A.1. Contract No. FY2024-21 Approving An Updated Fire Protection Agreement Be...Page 93 of 222 AGENDA ITEM #14.A.1. Contract No. FY2024-21 Approving An Updated Fire Protection Agreement Be...Page 94 of 222 Kodiak Island Borough - Mill Rate History - FY1992 - 2024 : :Tide Gate Borough General Education Support School Debt Service Hospital Debt Service Renewal & Replacement TOTAL :Womens Bay Service Area #1 Service Area #2 Monashka Bay Bayview Fire Protection Area #1 Womens Bay KIB Airport Woodland Acres Trinity Island Mission Lake City of Kodiak Fund Fund Fund Fund Fund AREA WIDE :Fund Fund Fund Fund Fund Fund Fund Fund Fund Fund Fund Tax Year Fiscal Year 100 201 300 305 469 MILL RATE :240 242 243 244 246 250 252 254 260 261 262 2023 2024 1.22 7.67 0.29 0.00 1.07 10.25 : 2.500 1.500 0.000 1.990 1.470 1.500 1.250 1.250 0.100 0.150 0.250 2.000 2022 2023 1.18 7.88 1.36 0.00 0.33 10.75 : 2.500 1.500 0.000 1.990 1.470 1.500 1.250 1.250 0.100 0.150 0.250 2.000 2021 2022 2.11 6.99 1.65 0.00 0.00 10.75 : 2.500 1.500 0.000 1.990 1.470 1.500 1.250 1.250 0.100 0.150 0.250 2.000 2020 2021 2.75 6.45 1.55 0.00 0.00 10.75 : 2.500 1.500 0.000 1.990 * 1.470* 1.500 1.250 1.220 0.100 0.150 0.250 2.000 2019 2020 0.56 7.45 1.79 0.00 0.95 10.75 : 2.500 1.500 0.000 2.000 1.500 1.500 1.250 1.250 0.100 0.150 0.250 2.000 2018 2019 1.10 7.05 1.87 0.00 0.73 10.75 : 2.500 1.500 0.000 2.000 1.500 1.500 1.250 1.250 0.100 0.150 0.250 2.000 2017 2018 0.15 7.62 1.91 0.00 1.07 10.75 : 2.500 1.500 0.000 2.500 1.500 1.500 1.250 1.250 0.100 0.200 1.000 2.000 2016 2017 0.15 7.62 1.91 0.00 1.07 10.75 : 2.500 1.500 0.000 2.500 1.500 1.500 1.250 1.250 0.100 0.200 1.000 2.000 2015 2016 0.10 8.45 1.70 0.00 0.50 10.75 : 2.500 1.500 0.000 2.500 1.500 1.500 1.250 1.250 0.100 0.200 1.000 2.000 2014 2015 0.06 9.16 0.99 0.00 0.54 10.75 : 2.500 1.500 0.000 2.500 1.500 1.500 1.250 1.250 0.250 0.500 1.000 2.000 2013 2014 0.03 8.75 0.71 1.10 0.16 10.75 : 2.500 1.500 0.000 2.500 1.500 1.500 1.250 1.250 0.250 0.500 1.000 2.000 2012 2013 0.03 9.03 1.15 0.46 0.08 10.75 : 2.500 0.500 0.000 2.500 1.750 1.500 1.250 1.250 0.250 0.500 1.000 2.000 2011 2012 0.03 9.09 0.98 0.57 0.08 10.75 : 2.500 1.500 0.000 2.500 1.500 1.500 1.250 1.250 0.250 0.500 1.000 2.000 2010 2011 10.50 10.50 : 2.500 1.500 0.000 2.500 1.500 1.500 1.250 1.250 0.250 0.500 1.000 2.000 2009 2010 10.50 10.50 : 2.500 1.500 0.000 2.500 1.500 1.500 1.250 1.250 0.250 0.500 1.000 2.000 2008 2009 10.50 10.50 : 2.000 1.500 0.000 2.500 1.000 1.500 1.250 1.250 0.250 0.500 1.000 2.000 2007 2008 10.50 10.50 : 2.000 1.250 0.000 2.500 1.000 1.500 1.250 1.250 0.000 0.500 1.000 2.000 2006 2007 10.50 10.50 : 2.000 1.250 0.000 2.500 1.000 1.500 1.250 1.250 0.000 0.500 1.000 2.000 2005 2006 10.50 10.50 : 2.000 1.250 0.000 2.500 1.000 1.500 1.250 1.250 0.000 0.500 1.000 2.000 2004 2005 10.25 10.25 : 2.000 1.000 0.000 1.500 1.000 1.500 1.250 1.250 0.000 0.500 1.000 2.000 2003 2004 9.25 9.25 : 2.000 1.000 0.000 1.500 1.000 1.500 1.250 1.250 0.000 0.500 1.000 2.000 2002 2003 9.25 9.25 : 2.000 1.250 0.000 1.500 1.000 1.500 1.250 1.250 0.000 2.000 2001 2002 9.25 9.25 : 2.000 1.000 0.000 1.500 1.000 1.500 1.250 1.000 0.000 2.000 2000 2001 9.25 9.25 : 2.000 1.000 0.000 1.500 1.000 1.500 1.250 1.000 0.000 2.000 1999 2000 9.25 9.25 : 2.000 1.000 0.000 1.500 1.000 1.500 1.250 1.000 0.000 2.000 1998 1999 9.25 9.25 : 2.000 0.750 0.000 1.500 1.000 1.500 1.250 2.000 0.000 2.000 1997 1998 9.25 9.25 : 2.000 0.750 0.000 1.500 1.000 1.500 1.250 2.000 0.500 2.000 1996 1997 6.75 6.75 : 2.000 1.750 0.000 1.500 1.000 1.500 1.250 0.500 2.000 1995 1996 6.75 6.75 : 2.000 1.750 0.000 1.500 1.000 1.500 1.250 0.750 2.000 1994 1995 6.75 6.75 : 2.000 0.750 0.000 1.500 1.000 1.500 1.250 0.750 2.000 1993 1994 5.50 5.50 : 2.500 1.750 0.125 2.000 1.000 1.500 1.250 0.750 2.000 1992 1993 5.50 5.50 : 2.500 1.750 2.000 1.000 1.250 1.250 0.750 2.000 1991 1992 5.50 5.50 : 2.500 1.750 2.000 1.000 1.250 1.250 0.750 2.000 *Mill Rate was reduced due to Maximum Allowable Tax Revenue limitations. Non Area Wide Road Service Fire Protection Street Light Area Wide AGENDA ITEM #14.A.1.Contract No. FY2024-21 Approving An Updated Fire Protection Agreement Be...Page 95 of 222 FIRE PROTECTIONAGREEMENT This agreement is made between the Womens Bay Fire Protection District, (WBFD)and the Kodiak Island Borough Airport Fire ProtectionDistrict,(AFD),bothserviceareasoftheKodiakIslandBoroughwhichisamunicipalcorporationwithbusinessofficeslocatedat710MillBayRoad,Kodiak,Alaska. in consideration of the mutual benefits and obligations set forth in this Agreement,the parties agree as follows: 1.Fire Protection Service.WBFD will provide AFD and AFD will receive from WBFD adequate ?re protection for the area described as the Kodiak Island Borough Airport Fire Protection District established by Ordinance #97-O3 of the Kodiak Island Borough.The ?re protection will be furnished and received on the terms and conditions presented below. Duration of Services and Fee.The ?re protection will begin on March 1, 2001 and continue until terminated pursuant to Section 3 of this agreement.The annual fee for the services provided by WBFD shall be the total amount of taxes collected in the prior fiscal year based on a mill levy of (1)one mill on the total taxable real and personal property within the boundaries of AFD.These funds will be placed in the WBFD account no later then 30 days following the end of each ?scal year. Renewal and Termination.This agreement is automatically renewed w the fee annually with any as part of the annual budget ted at the end of each fiscal ing to terminate it must give )in writing 90 days prior to ubject to the command and nder within the AFD subject quirements. does not affect or alter the y not be maintained against the employee or member ofionforwhichthedepartmenttutestheentireagreementificationsmustbeexectuteds. each year but WBFD retains the right to revie adjustments to be submitted to the assembly process.This agreement can only be termina year and either party to this agreement wish notice to the other parties,(WBFD,AFD,KIB the end of each fiscal year. Conditions.This service is to be provided s control of the WBFD who will be the first respo to the Mutual Aid Response agreement and re Limitation on Liability.This agreements provisions of AS 09.65.070 that an action ma an employee or member of a ?re department a municipality if the claim is an action for tort duty and is based upon the act or omission of the tire department in the execution of a funct is established. Entire Agreement.This document consti between the parties and any additions or mod AGENDA ITEM #14.A.1.Contract No. FY2024-21 Approving An Updated Fire Protection Agreement Be...Page 96 of 222 Eoemm:_.o<iecoo usma .oEm_n_co=o2o._n.ofEm mcmEo>> cm:o._omu_..m_m_xm_uov_ .38all?uw.BE.Ml.$5Ema AGENDA ITEM #14.A.1.Contract No. FY2024-21 Approving An Updated Fire Protection Agreement Be...Page 97 of 222 lntroduced by:Mayor Selby Requested by:Mayor Selby Drafted by:Mayor Selby Introduced:03/06/97 Public Hearing:03/20/97 Adopted:03/20/97 KODIAK ISLAND BOROUGH ORDINANCE NO.97-03 AN ORDINANCE CREATING A SERVICE AREA TO BE KNOWN AS KODIAK ISLAND BOROUGH AIRPORT FIRE PROTECTION DISTRICT FOR THE PURPOSE OF cl:n\l|r\r-,u uuvnuuvu u nu.rnu I Lul IIJII vvl I rllll Inl:oI:nVI\:l:I-\l1I:l-\ WHEREAS,Kodiak Island Borough Code of Ordinances 4.05.010 and 4.05.040 and 4.05.050 empowers the Borough to create service areas to provide special services; and WHEREAS,the Kodiak Island Borough has received requests from property and business owners in the area adjacent to the State of Alaska airport requesting the formation of a fire protection district;and WHEREAS,the need for fire protection service in this area of heavily used public facilities of airport terminals,hotels and storage facilities is obvious;and WHEREAS,the assessed value of property in this area is $5,975,800;and WHEREAS,this is a cohesive business area which is all airport related business;and WHEREAS,the area's assessed value is adequate to fund a contract for fire service with an existing fire service until a unified fire service is developed;and WHEREAS,there are three fire service areas adjacent to this area that could contract to deliver fire protection service to this relatively small area; NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1:This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2:A service area to be known as Kodiak Island Borough Airport Fire Protection District be and the same is hereby established to provide fire protection for the area lying and being within the boundaries of the Kodiak Island Borough adjacent to the State of Alaska airport described as follows: Situated at the State Airport on the U.S.Coast Guard Integrated Support Command,Kodiak,Alaska,and includes lands described in a 6 sheet unrecorded plat surveyed by the State of Alaska,Department of Kodiak Island Borough,Alaska Ordinance No.97-03 Page 1 of3 AGENDA ITEM #14.A.1. Contract No. FY2024-21 Approving An Updated Fire Protection Agreement Be...Page 98 of 222 Transportations and Public Facilities,Division of Airport Leasing andtitled“Kodiak Airport —Land Occupancy”dated June 24,1981 and beingmorefullydescribed: Commencing at the west corner of Lot 2B,Block 2000 located on sheet3of6,and being the True Point of Beginning for the land hereindescribed; 7.Thence S 50°30’04"E,a distance of 289.20’to the southcornerofLot2B,Block 2000; 2.Thence S 50 °30’04”E,a fhp Thence south and west along the southern right of way of theChiniakRoad(Rezanof Drive East)until it intersects with the westboundarylineofLot2,Block 7600,a distance of 7422ThenceS2”0’0"W,a distance of 185’along the westboundarylineofLot2,Block 7600,to the southwest corner ofLot2; Thence S 88 °0’0"E,a distance of 313’to the southeast cornerofLot7,Block 7600; Thence N 65 °26 '06"E,a distance of 7 7 7.80 to the southwestcorneroflotIA,Block 7200; Thence S 88 °0’0"E,a distance of 678.74’along the south lotlinesofLotsIA,and 2,and 3B,Block 7200; r?cfanr-a -_..u- ——..,u uuuuuux:ul -r-ru.I I lU lIIb'SUUI/Teastcornerofl.ot4'/108'/ock7300; 9.Thence N 27 °0’0"E,a distance of 7485.75’to a point on thenortheasternboundarylinetit/ed the State Airport Boundary asdescribedonsheet3of6; 70.Thence N 64 °23’55"W,a distance of 7793.50’to the northcornerofLot7,Block 2000 which is common with the southeastrightofwayofTomStilesRoad; 7 7.Thence in a southwest direction along said right of way,adistanceof397.76 'to the north corner of Lot 6,Block 2000;72.Thence continuing_in a southwesterly direction along said right ofway,a distance of 383.57’to the west corner of Lot 2B,Lot2000totheTruePointofBeginningandcontaining58.6 acres. ,cnr|::rInn-h-.._..rI—“-............I\uuIal\nsranu Dorougn Airport I-ire Protection District is herebyestablishedtoprovidefireprotectionincludingadministrationandcollectioncostsofthesamefortheareawithinitsboundaries. Section 4:Management:Kodiak Island Borough Airport Fire Protection District shallbemanagedandoperatedbytheKodiakIslandBoroughinthesamemannerasotherBoroughfunctions. _____________________ Ordinance No.97-03 Page 2 of 3 Kodiak Island Borough.Alaska AGENDA ITEM #14.A.1. Contract No. FY2024-21 Approving An Updated Fire Protection Agreement Be...Page 99 of 222 Section 5:Ihecnsts:The cost of providing fire protection including administrativecostsshallbebornebythepropertyownersofbothrealandpersonalpropertyhavingpropertywithintheboundariesofsaiddistrictandtheassemblyisherebyauthorizedtolevytaxesagainstallrealandpersonalpropertylyingandbeingwithintheboundariesofsaiddistricttofinancethefireprotectionserviceinsaidarea,said taxestobecollectedinthesamemannerandatthesametimeasotherrealandpersonal property taxes due in the district and the mill rate for said service to be determinedandsetforallotherpurposesintheborough. Protection District,to read: mmm&The Airport Fire Protection District isestablishedpursuanttoOrdinanceNo.97-11-O and encompasses theareadescribedinthatordinance.Fire protection shall be provided in theAirportFireProtectionDistrict.. The Airport Fire Protection District Advisory Board toconsistoffivemembersandshallbeappointedbytheassembly. Section 7:This ordinance shall become effective July 1,1997. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTIETHDAY OF MARCH,1997 KODIAK ISLAND BOROUGH ATTEST: W I .CL)22],9 E f‘Inf‘IAI\|"D...........|..n|;..u_ ..u....u -.uuuun,x.uvn./Hr-\I:,Duluugll \,|en( Ordinance No.97-03KodiakIslandBorough,Alaska Page 3 of 3 AGENDA ITEM #14.A.1. Contract No. FY2024-21 Approving An Updated Fire Protection Agreement Be...Page 100 of 222 AGENDA ITEM #14.A.1. Contract No. FY2024-21 Approving An Updated Fire Protection Agreement Be...Page 101 of 222 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 19, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT:Resolution No. FY2024-09 Ratifying And Certifying The Results Of The October 3, 2023, Regular Municipal Election ORIGINATOR:Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to adopt Resolution No. FY2024-09. DISCUSSION: The October 3, 2023, Borough Election went smoothly and was conducted with care, integrity, and efficiency by the Election officials and Clerk's Office staff. The 43 Precinct Election Officials including two Youth Vote Ambassadors should be commended for their excellent hard work in this election. The four canvass team members worked a 10-hour day to canvass and conduct a recount of the election results due to the difference of less than two percent between two candidates on the Assembly race. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 7.40.020 Certification of the election: A. As soon as possible after completion of the canvass, the assembly shall meet in public session to receive the report of the canvass board. If, after considering said report, the assembly determines that the election was validly held, the election shall be certified by resolution and entered upon the minutes of the meeting. B. If the canvass board reports a failure to comply with provisions of state law and borough ordinance or illegal election practices occurred and that such failure is sufficient to change the outcome of the election, the assembly may exclude the votes cast in one or more precincts where such failure or illegal practices occurred from the total returns or may declare the entire election invalid and order a new election. C. If the canvass board reports an apparent discrepancy in the returns of one or more precincts, the assembly may order a recount of the votes cast in said precinct(s). Such recount shall be conducted immediately by the canvassing board and the results reported to the assembly. D. In case of failure to elect a candidate because of a tie vote, the assembly shall immediately cause the canvass board to recount the votes. If there is still a failure to elect because of a tie after completion of the recount, the election shall be determined fairly by lot from among the candidates tying in a meeting of the assembly and under its direction. E. Upon certification of a valid election the assembly shall direct the clerk to deliver to each person elected to office a “certificate of election” signed by the clerk and authenticated by the seal of the borough. AGENDA ITEM #14.B.1. Resolution No. FY2024-09 Ratifying And Certifying The Results Of The Oct...Page 102 of 222 Kodiak Island Borough, Alaska Resolution No. FY2024-09 Page 1 of 4 KODIAK ISLAND BOROUGH 1 RESOLUTION NO. FY2024-09 2 3 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH RATIFYING AND 4 CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION HELD ON OCTOBER 3, 2023 5 6 WHEREAS, the Kodiak Island Borough held a Regular Election on October 3, 2023, at which 7 time candidates for the following offices were voted on: 8 Borough Mayor One Seat, Two Year Term 9 Borough Assembly Three Seats, Three Year Terms 10 School Board Two Seats, Three Year Terms 11 Bay View Road Service Area Board One Seat, Three Year Term 12 Fire Protection Area No. 1 Board Two Seats, Three Year Terms 13 Monashka Bay Road Service Area Board One Seat, Three Year Term 14 Service Area No. 1 Board Three Seats, Three Year Terms 15 Womens Bay Service Area Board Three Seats, Three Year Terms 16 17 WHEREAS, the Canvass Board has completed the canvass of the Regular Election, and has 18 presented the Certificate of Canvass as follows: 19 20 MAYOR 21 One Seat, Two Year Term 22 23 Scott Arndt 1265 24 BOROUGH ASSEMBLY 25 Three Seats, Three Year Terms 26 27 Ryan B. Sharratt 1179 Bo R. Sedillo Whiteside 914 Steven H Ames 870 Monique Lewis 854 28 SCHOOL BOARD 29 Two Seats, Three Year Terms 30 31 Duncan Fields 813 Beate Daly 711 Kerry Irons 988 Aaron Griffin 636 32 BAY VIEW ROAD SERVICE AREA BOARD 33 One Seat, Three Year Term 34 35 There were no candidates. The seat will be filled by Assembly appointment. 36 37 38 39 AGENDA ITEM #14.B.1. Resolution No. FY2024-09 Ratifying And Certifying The Results Of The Oct...Page 103 of 222 Kodiak Island Borough, Alaska Resolution No. FY2024-09 Page 2 of 4 FIRE PROTECTION AREA NO. 1 BOARD 40 Two Seats, Three Year Terms 41 42 Richard J Carstens 585 Scott Arndt 397 43 MONASHKA BAY ROAD SERVICE AREA BOARD 44 One Seat, Three Year Term 45 46 Patrick O’Donnell (Write-In) 9 47 SERVICE AREA NO. 1 BOARD 48 Three Seats, Three Year Terms 49 50 Scott Arndt 345 Mike Sirofchuck 400 Craig Dagen 370 51 WOMENS BAY SERVICE AREA BOARD 52 Three Seats, Three Year Terms 53 54 Greg Egle (Write-In) 11 David Heuman (Write-In) 8 *KIBC 7.30.125 (A)(2) Write-in votes shall not be tallied except if the total number of write-in votes for an office exceeds 55 the smallest number of votes cast for a candidate whose name is printed on the ballot. (The write-ins for the mayor and 56 assembly were not counted.) 57 58 Precinct Total Registered Voters Votes Cast 05/800 - Chiniak 138 26 05/810 - Flats 1786 165 05/815 - Larsen Bay (Encompasses Akhiok, Karluk, & Larsen Bay) 159 25 05/820 - Kodiak No. 1 1993 326 05/825 - Kodiak No. 2 1999 330 05/830 - Mission Rd 3558 619 05/835 - Old Harbor 124 5 05/840 - Ouzinkie 142 8 05/845 - Port Lions 173 17 Early Voting, Absentee in person, Absentee By Mail, Questioned, and Personal Representative 290 Totals 10,072 1811 Percentage 18% 59 2022 -14% 60 61 NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE FACTS, BE IT RESOLVED BY 62 THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH as follows: 63 64 AGENDA ITEM #14.B.1. Resolution No. FY2024-09 Ratifying And Certifying The Results Of The Oct...Page 104 of 222 Kodiak Island Borough, Alaska Resolution No. FY2024-09 Page 3 of 4 Section 1: The Assembly of the Kodiak Island Borough determines the October 3, 2023, was 65 validly held. 66 67 Section: The following persons received the greatest number of votes cast and are declared 68 elected to office. 69 70 MAYOR 71 One Seat, Two Year Term 72 73 Scott Arndt 1265 74 BOROUGH ASSEMBLY 75 Three Seats, Three Year Terms 76 77 Ryan B. Sharratt 1179 Bo R. Sedillo Whiteside 914 Steven H Ames 870 78 SCHOOL BOARD 79 Two Seats, Three Year Terms 80 81 Kerry Irons 988 Duncan Fields 813 82 BAY VIEW ROAD SERVICE AREA BOARD 83 One Seat, Three Year Term 84 85 There were no candidates. The seat will be filled by Assembly appointment. 86 87 FIRE PROTECTION AREA NO. 1 BOARD 88 Two Seats, Three Year Terms 89 90 Richard J Carstens 585 Scott Arndt 397 91 MONASHKA BAY ROAD SERVICE AREA BOARD 92 One Seat, Three Year Term 93 94 Patrick O’Donnell (Write-In) 9 95 SERVICE AREA NO. 1 BOARD 96 Three Seats, Three Year Terms 97 98 Mike Sirofchuk 400 Scott Arndt 345 Craig Dagen 370 99 100 AGENDA ITEM #14.B.1. Resolution No. FY2024-09 Ratifying And Certifying The Results Of The Oct...Page 105 of 222 Kodiak Island Borough, Alaska Resolution No. FY2024-09 Page 4 of 4 101 WOMENS BAY SERVICE AREA BOARD 102 Three Seats, Three Year Terms 103 104 Greg Egle (Write-In) 11 David Heuman (Write-In) 8 Section 3: The Borough Clerk is directed to prepare, sign, and issue Certificates of Election, 105 authenticated with the Seal of the Kodiak Island Borough to each person elected to 106 office. 107 108 Section 4: Effective Date. This resolution is effective upon adoption. 109 110 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 111 THIS ___________ DAY OF OCTOBER, 2023 112 113 KODIAK ISLAND BOROUGH 114 115 ATTEST: 116 ___________________________ 117 Scott Arndt, Mayor ___________________________118 Nova M. Javier, Borough Clerk 119 VOTES: 120 Ayes: 121 Noes: 122 AGENDA ITEM #14.B.1. Resolution No. FY2024-09 Ratifying And Certifying The Results Of The Oct...Page 106 of 222 g,,)g,,)L,,)L,,)L,,)L,,)L,,)L,.)L,JL,,)[\)[\_)[\)[\)[\)[\)[\_)[\)[\)[\)u—I>—t-—A-—n>—An—->-n—A-—A>—A\DOO\)ONUI-Bl.oJ[\)'—©\OOO\lO'\UI-IkL»->l\J'-‘©\OOO\lO'\UI-59->|\)--'©\OOO\lONUI-I}-bJl\)>-‘40414243 CERTIFICATE OF THE ELECTION RESULTS We,the undersigned,duly appointed at the Regular Meeting of September 21,2023,to serve as Canvass Board judges in the Regular Election of October 3,2023,do hereby certify that we have examined in detail all votes cast by absentee,early vote,by-mail voting,questioned,personal representatives,and ballots of votes cast by regular ballots of the Kodiak Island Borough.We have also examined the precincts’certi?cate of results.Upon completion of the canvass,it is our opinion that the following result as re?ected below is true. Dated this 11th day of October,2023,at 5 "(O p.m. ORIGINAL DOCUMENT WITH SIGNATURES IS ON FILE IN THE OFFICE OF THE BOROUGH CLERK WHEREAS,the Kodiak Island Borough held a Regular Election on October 3,2023,at which time candidates for the following of?ces were voted on: Borough Mayor One Seat,Two Year Term Borough Assembly Three Seats,Three Year Terms School Board Two Seats,Three Year Terms Bay View Road Service Area Board One Seat,Three Year Term Fire Protection Area No.1 Board Two Seats,Three Year Terms Monashka Bay Road Service Area Board One Seat,Three Year Term Service Area No.1 Board Three Seats,Three Year Terms Womens Bay Service Area Board Three Seats,Three Year Terms WHEREAS,the Canvass Board has completed the canvass of the Regular Election,and has presented the Certi?cate of Canvass as follows: MAYOR Scott Arndt 1265BOROUGHASSEMBLYThreeSeats,Three Year TermsRyanB.Sharratt 1179B0R.Sedillo Whiteside 914StevenHAmes870MoniqueLewis854KodiakIslandBorough,Alaska Election Certification ReportPage1of4 AGENDA ITEM #14.B.1.Resolution No. FY2024-09 Ratifying And Certifying The Results Of The Oct...Page 107 of 222 SCHOOL BOARD Two Seats,Three Year Terms Duncan Fields 813 Beate Daly 711 Kerry Irons 988 Aaron Griffin 636 BAY VIEW ROAD SERVICE AREA BOARD One Seat,Three Year Term There were no candidates.The seat will be filled by Assembly appointment FIRE PROTECTION AREA NO.1 BOARD Two Seats,Three Year Terms Richard J Carstens Scott Arndt 585 397 MONASHKA BAY ROAD SERVICE AREA BOARD One Seat,Three Year Term Patrick O’Donne||(Write-In)9 SERVICE AREA NO.1 BOARD Three Seats,Three Year Terms Scott Arndt 345 Mike Sirofchuck 400 Craig Dagen 370 WOMENS BAY SERVICE AREA BOARD Three Seats,Three Year Terms Greg Egle (Write-In)11 David Heuman (Write-In)8 *KlBC7.30.125 (A)(2)Write-in votes shall not be tallied except if the total number of write-in votes for an of?ce exceeds the smallest number of votes cast for a candidate istered VotersPrecinct Votes Cast05/800 -Chiniak05/810 -Flats05/815 -Larsen BayEncompassesAkhiok,Karluk,&Larsen Ba05/820 -Kodiak No.105/825 -Kodiak No.205/830 -Mission Rd05/835 -Old HarborKodiakIslandBorough,Alaska Election Certification ReportPage2of4 AGENDA ITEM #14.B.1.Resolution No. FY2024-09 Ratifying And Certifying The Results Of The Oct...Page 108 of 222 05/840 -Ouzinkie 05/845 -Port Lions Early Voting,Absentee in person,Absentee By Mail,Questioned,and Personal Re resentative 73 74 2022 -14% 75 76 NOW,THEREFORE,IN CONSIDERATION OF THE ABOVE FACTS,BE IT RESOLVED BY 77 THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH as follows: 78 79 Section 1:The Assembly of the Kodiak Island Borough determines the October 3,2023,was 80 validly held. 81 82 Section:The following persons received the greatest number of votes cast and are declared 83 elected to office. 84 85 MAYOR 86 One Seat,Two Year Term 87 Scott Arndt 1265 88 89 BOROUGH ASSEMBLY 90 Three Seats,Three Year Terms 91 Ryan B.Sharratt 1179 B0 R.Sedillo Whiteside 914 Steven H Ames 870 92 93 SCHOOL BOARD 94 Two Seats,Three Year Terms 95 Kerry Irons 988 Duncan Fields 813 96 99100 There were no candidates.The seat will be filled by Assembly appointment.101102 FIRE PROTECTION AREA NO.1 BOARD103TwoSeatsThreeYearTerms104RichardJCarstens585ScottArndt397105KodiakIslandBorough,Alaska Election Certification ReportPage3of4 AGENDA ITEM #14.B.1.Resolution No. FY2024-09 Ratifying And Certifying The Results Of The Oct...Page 109 of 222 106 107 108 109 110 111 112 113 114 115 116 117 118 MONASHKA BAY ROAD SERVICE AREA BOARD One Seat,Three Year Term Patrick O'Donnell (Write-In)9 SERVICE AREA NO.1 BOARD Three Seats,Three Year Terms Mike Sirofchuk 400 Scott Arndt 345 Craig Dagen 370 WOMENS BAY SERVICE AREA BOARD Three Seats,Three Year Terms Greg Egle (Write-In)11 David Heuman (Write—In)8 Kodiak Island Borough,Alaska Election Certification ReportPage4of4 AGENDA ITEM #14.B.1.Resolution No. FY2024-09 Ratifying And Certifying The Results Of The Oct...Page 110 of 222 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 19, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: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 ORIGINATOR:Seema Garoutte, Assessor RECOMMENDATION: Move to advance Ordinance No. FY2024-09 to public hearing at the next regular meeting of the Assembly. 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 preclude 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 ensure 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. The Assembly discussed this ordinance in detail at the October 12, 2023, work session and suggested revisions. The corrected version is provided in the packet. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 111 of 222 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 mailing of the notice under (G)(1) 42 of this section, either request a formal review meeting with reconsideration by the assessor 43 CORRECTED VERSION AGENDA ITEM #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 112 of 222 Ordinance No. FY2024-09 Page 2 of 10 within 30 days of the date of the assessor’s letter denying the exemption under this subsection 44 (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 days 52 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 mailing of the 55 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 mailing of the assessor’s determination under (G)(1) or (G)(2) 69 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 113 of 222 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 not be appointed to serve on the board of equalization. unless they are employed 84 by 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 114 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 115 of 222 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 board chairperson may exclude evidence irrelevant to the issues appealed. 172 Hearsay evidence may be considered, provided there are adequate guarantees of its 173 trustworthiness and that it is more probative on the point for which it is offered than any other 174 evidence which the proponent can procure by reasonable efforts. The appellant must submit to 175 the assessor’s office by April 15th all documentary evidence in their possession which they wish 176 to be considered and which is relevant to the resolution of the appeal. Should April 15th fall on a 177 Saturday or Sunday, appellants shall have until 4:30 p.m. on the first Monday following to submit 178 their evidence. 179 This evidence includes but is not limited to purchase and closing documents, appraisal reports, 180 brokers’ opinion of value, engineers’ reports, estimates to repair, rent rolls, leases, and income 181 and expense information. The board of equalization may in its discretion decline to accept 182 documents offered at the hearing which should have been provided by April 15th. In exercising 183 this discretion, the board shall consider the relevance and probative value of the documents which 184 are under consideration, accepting those documents which in all fairness are necessary to a fair 185 resolution of the appeal. Prior to the board meeting, the appellant and assessor may agree to an 186 extension of time for the production of evidence. 187 6. Order of Presentation. The order of presentation is as follows: 188 a. The appellant shall present evidence and argument not to exceed five minutes. 189 b. Following the appellant, the assessor shall present the borough’s evidence and argument not 190 to exceed five minutes. 191 c. The appellant may make a rebuttal presentation directed solely to the issues raised by the 192 assessor not to exceed two minutes. 193 d. The assessor may address the rebuttal by the appellant not to exceed two minutes. 194 Each party shall be allowed a total of five minutes to present evidence and make oral argument. 195 The time limits allotted include presentations from either the appellant’s or assessor’s authorized 196 representatives, counsels, or witnesses. Additional time may be permitted by the board depending 197 on the complexity of the case. The members of the board may ask questions, through the 198 chairperson, of either the appellant or the assessor, authorized representatives, counsels, or 199 witnesses at any time during the hearing. After both the appellant and the assessor have made 200 AGENDA ITEM #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 116 of 222 Ordinance No. FY2024-09 Page 6 of 10 their presentations, each may question the other through the chairperson. The chairperson may 201 end the questioning and call for a motion from the other members. 202 7. Witnesses, Exhibits and Other Evidence. The appellant and the assessor may offer the oral 203 testimony of witnesses and documentary evidence during the hearing. At the request of the 204 appellant, evidence submitted pursuant to subsection (E)(5) of this section relating to the 205 assessed valuation of property used in an income-producing commercial enterprise shall be 206 confidential. The assessor and the appellant may stipulate to facts to be presented to the board, 207 provided the assessor has received credible and reliable evidence to establish the facts. 208 The only exhibits that shall be admitted into the record at the hearing are those exhibits provided 209 pursuant to subsection (E)(5) of this section. However, at the hearing, parties may use 210 demonstrative or illustrative exhibits; provided, that all such exhibits are duplicates of exhibits or 211 information provided to the board pursuant to subsection (E)(5) of this section. Additionally, 212 witnesses may write on a board while orally testifying to illustrate their testimony. The limitation 213 on the use of exhibits in this section shall not preclude the parties from presenting oral testimony 214 at the hearing. 215 8. Decisions. 216 a. The assessor may recommend changes to the existing value during the hearing. 217 b. After the appellant and assessor have presented their cases, the hearing shall be closed by 218 the chairperson, and no further evidence shall be offered or considered in deliberations unless a 219 member of the board of equalization asks for additional information from either party. Both parties 220 shall be given an equal opportunity to respond to any such requests for additional information. 221 c. The board may decide the appeal after the presentations, or it may defer a decision no later 222 than 30 days after the hearing date. Final board action shall be taken by motions that set out 223 specific findings of fact at the meeting and shall not be reconsidered, amended, or rescinded by 224 the board. Only one motion may be on the floor at a time, and the board shall vote on the motions 225 until its findings are established. The vote must be taken and entered in the permanent record of 226 the proceedings. The motions available for the board are: 227 i. Motion to uphold the assessor’s valuation. 228 ii. Motion to reduce the assessment. 229 iii. Motion to increase the assessment. 230 iv. Motion to dismiss the appeal. 231 v. Motion to defer the decision. 232 vi. Or any other motion set out in Alaska Statutes and regulations governing board of equalization 233 appeals. 234 d. No later than 30 days following the hearing, the board shall render a written decision which 235 includes findings of fact based on evidence presented at the hearing clearly stating the grounds 236 AGENDA ITEM #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 117 of 222 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 237 the decision to superior court. 238 9. Certification. The board shall certify its actions to the assessor within seven days following its 239 adjournment. 240 F. Further Appeals. Any appeal of a decision of the board of equalization on a valuation appeal 241 shall be made to the Superior Court, Third Judicial District, State of Alaska. No appeal of a board’s 242 decision to the superior court may be taken unless the action is filed, and the borough attorney is 243 served with notice of such appeal within 30 days of the date of the mailing of following the 244 board’s written decision. 245 246 3.35.055 Board of Equalization-Exemption Appeals 247 A. The board of equalization for hearing appeals from the assessor’s denial of exemptions 248 shall be the Assembly sitting as a board of equalization. The mayor will serve as the 249 chairperson. In the absence of the mayor, the deputy presiding officer shall serve as the 250 chairperson. 251 B. Exemption appeals to the Board of Equalization 252 1. A person whose name appears on the assessment roll, or the authorized representative 253 of that person, may appeal to the board from the assessor’s determination denying an 254 exemption under KIBC 3.30.030(G). The authorized representative shall be named by the 255 property owner in writing to the assessor and board of equalization at the time of filing or 256 no later than three days in advance of hearing. The time requirement for providing a 257 representative in writing may be waived at the determination of the board during the 258 hearing if good cause is shown that may include, but not limited to, the following: stranded 259 from Kodiak due to inclement weather, serious medical condition, serious family 260 emergency, or death in the family. 261 2. The appellant shall, within 30 calendar days after the date of mailing of assessor’s 262 determination, submit to the assessor a written appeal specifying grounds for such appeal. 263 The board shall prescribe the form in which written notices of appeal shall be made. 264 3. The assessor shall notify the appellant by mail, and email if provided, of the time and 265 place for the hearing and assign a number for the appeal. 266 4. If parties to whom notice was mailed as provided herein fail to appear, the board may 267 proceed with the hearing in their absence. All parties, their authorized representatives, and 268 witnesses must appear in person at the hearing. 269 5. The assessor shall prepare for use by the board of equalization a summary of 270 assessment and exemption data relating to each property exemption that is appealed. This 271 summary shall be provided to the board and the appellant at least 10 calendar days before 272 the hearing. 273 AGENDA ITEM #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 118 of 222 Ordinance No. FY2024-09 Page 8 of 10 C. Quorum and Voting for the Assembly siting as a board of equalization. 274 1. Quorum. A quorum shall consist of four members. 275 2. Voting. The granting of any appeal or part thereof shall require the concurring vote of 276 at least four board members. Any appeal or part thereof which is not granted by the board 277 shall be considered denied. The chairperson may take part in the discussion. The 278 chairperson may not vote except in the case where only six members are present and there 279 is a three/three tie vote, provided, however, that if the deputy presiding officer serves as 280 the chairperson, the deputy presiding officer shall vote in the same manner as any other 281 board member. 282 D. Hearings – Procedures for the Assembly sitting as a board of equalization. 283 1. Record. The clerk is the ex officio clerk of the board and shall prepare the board’s 284 minutes. The clerk shall keep electronic recordings of the board’s hearings per the 285 borough retention schedule. The board of equalization summary certification will 286 constitute the board’s minutes. 287 2. Counsel. All parties may be represented by counsel during hearings before the board. 288 On procedural matters, the borough attorney may offer legal counsel to the board in the 289 course of its proceedings. Upon the recommendation of the borough attorney, the board 290 may retain legal counsel from another attorney for a particular matter. 291 3. Appeal Number. Every appeal shall be assigned an appeal number which, along with 292 the name of the appellant, shall be read into the record before hearings on the appeal may 293 commence. 294 4. Burden of Proof. The burden of proof rests with the appellant. 295 5. Rules of Evidence. Evidence shall only be presented by the appellant and the assessor 296 or their authorized representative. The board shall not be restricted by the formal rules of 297 evidence; however, the board may exclude evidence irrelevant to the issues appealed. 298 Hearsay evidence may be considered, provided there are adequate guarantees of its 299 trustworthiness and that it is more probative on the point for which it is offered than any 300 other evidence which the proponent can procure by reasonable efforts. The appellant must 301 submit to the assessor’s office, within ten (10) days of filing their request for appeal, all 302 documentary evidence in their possession which they wish to be considered and which is 303 relevant to the resolution of the appeal. 304 The board of equalization may in its discretion decline to accept documents offered at the 305 hearing which should have been provided by the deadline in this subsection. In exercising 306 this discretion, the board shall consider the relevance and probative value of the 307 documents which are under consideration, accepting those documents which in all 308 fairness are necessary to a fair resolution of the appeal. Prior to the board meeting, the 309 appellant and assessor may agree to an extension of time for the production of evidence. 310 6. Order of Presentation. The order of presentation is as follows: 311 AGENDA ITEM #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 119 of 222 Ordinance No. FY2024-09 Page 9 of 10 a. The appellant shall present evidence and argument not to exceed five minutes. 312 b. Following the appellant, the assessor shall present the borough’s evidence and 313 argument not to exceed five minutes. 314 c. The appellant may make a rebuttal presentation directed solely to the issues raised by 315 the assessor not to exceed two minutes. 316 d. The assessor may address the rebuttal by the appellant not to exceed two minutes. 317 Each party shall be allowed a total of five minutes to present evidence and make oral 318 argument. The time limits allotted include presentations from either the appellant’s or 319 assessor’s authorized representatives, counsels, or witnesses. Additional time may be 320 permitted by the board depending on the complexity of the case. The members of the board 321 may ask questions, through the chairperson, of either the appellant or the assessor, 322 authorized representatives, counsels, or witnesses at any time during the hearing. After 323 both the appellant and the assessor have made their presentations, each may question the 324 other through the chairperson. The chairperson may end the questioning and call for a 325 motion from the other members. 326 7. Witnesses, Exhibits and Other Evidence. The appellant and the assessor may offer the 327 oral testimony of witnesses and documentary evidence during the hearing. At the request 328 of the appellant, evidence submitted pursuant to subsection (D)(5) of this section relating 329 proprietary financial records, shall be confidential. The assessor and the appellant may 330 stipulate to facts to be presented to the board, provided the assessor has received credible 331 and reliable evidence to establish the facts. 332 The only exhibits that shall be admitted into the record at the hearing are those exhibits 333 provided pursuant to subsection (D)(5) of this section. However, at the hearing, parties 334 may use demonstrative or illustrative exhibits; provided, that all such exhibits are 335 duplicates of exhibits or information provided to the board pursuant to subsection (D)(5) of 336 this section. Additionally, witnesses may write on a board while orally testifying to 337 illustrate their testimony. The limitation on the use of exhibits in this section shall not 338 preclude the parties from presenting oral testimony at the hearing. 339 8. Decisions. 340 a. The assessor may recommend changes to the assessor’s determination during the 341 hearing. 342 b. After the appellant and assessor have presented their cases, the hearing shall be closed 343 by the chairperson, and no further evidence shall be offered or considered in deliberations 344 unless a member of the board of equalization asks for additional information from either 345 party. Both parties shall be given an equal opportunity to respond to any such requests 346 for additional information. 347 c. The board may decide the appeal after the presentations, or it may defer a decision no 348 later than 30 days after the hearing date. Final board action shall be taken by motions that 349 set out specific findings of fact at the meeting and shall not be reconsidered, amended, or 350 rescinded by the board. Only one motion may be on the floor at a time, and the board shall 351 AGENDA ITEM #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 120 of 222 Ordinance No. FY2024-09 Page 10 of 10 vote on the motions until its findings are established. The vote must be taken and entered 352 in the permanent record of the proceedings. The motions available for the board are: 353 i. Motion to uphold the assessor’s determination. 354 ii. Motion to reverse the assessor’s determination. 355 iii. Motion to modify the assessor’s determination. 356 iv. Motion to dismiss the appeal. 357 v. Motion to defer the decision. 358 vi. Or any other motion set out in Alaska Statutes and regulations governing board of 359 equalization appeals. 360 d. No later than 30 days following the hearing, the board shall render a written decision 361 which includes findings of fact based on evidence presented at the hearing clearly stating 362 the grounds upon which the panel relied to reach its decision and advising all parties of 363 their right to appeal the decision to superior court. 364 F. E. Further Appeals. Any appeal of a decision of the board assembly sitting as the board of 365 equalization on an exemption appeal shall be made to the Superior Court, Third Judicial 366 District, State of Alaska. No appeal of a board’s decision to the superior court may be taken unless 367 the action is filed, and the borough attorney is served with notice of such appeal within 30 days 368 of the date of the mailing of following the board’s written decision. 369 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 370 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 371 372 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 373 THIS _____ DAY OF_________________, 2023 374 375 KODIAK ISLAND BOROUGH 376 377 ATTEST: 378 ___________________________ 379 Scott Arndt, Borough Mayor ______________________________ 380 Nova M. Javier, MMC, Borough Clerk 381 Introduced by: Mayor and Assembly 382 First reading: 383 Second reading/public hearing: 384 385 VOTES: 386 Ayes: 387 Noes: 388 AGENDA ITEM #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 121 of 222 APPEAL TO THE KODIAK ISLAND BOROUGH CITIZENS BOARD OF EQUALIZATION-EXEMPTION This form must be completed and filed/faxed or emailed with the Borough Clerk’s Office by 11:59 p.m. ________________. KIBC 3.35.055(B2) states the BOE will commence this hearing within 30 days after a timely filed appeal of the Assessors determination. KIBC 3.35.055(B3) states that the Assessor shall notify the appellant by mail, and email if provided, of the time and place for the hearing. The undersigned petitions the Board of Equalization to change the exemption status of the property described below to be exempt. 4BPLEASE COMPLETE ALL ITEMS (PLEASE PRINT) 1. Prop. Id # Property Description: 2. (a) Owner: 2. (b) Name of Authorized Agent: (Also fill out Item No. 5) Mailing Address for All Correspondence Relating To The Appeal: City State ZIP Daytime Phone # Mobile Phone# E-Mail Address 3. (a) Assessor’s Original Denial Date: 3. (b) Did you request a reconsideration? If yes, date of reconsideration: 3. (c) Purchase Date …………….………… ________________ 3. (d) KIBC 3.35.055(B5) states that the Assessor shall prepare for use by the board of equalization a summary of assessment and exemption data relating to each exemption that is appealed. This summary shall be provided to the board and made available to the appellant at least ten (10) calendar days before the hearing. Summary of exemption data for late-filed appeals granted by the board will be provided as soon as practicable. I request the assessment data be provided to me by: Postal Mail  Email  Page 1 of 2 0BKODIAK ISLAND BOROUGH 1BASSESSING DEPARTMENT 710 Mill Bay Road, Rm 228 ∙ Kodiak, AK 99615 Phone: (907) 486-9353 ∙ Fax: (907) 486-9395 sgaroutte@kodiakak.us 2BBOROUGH CLERK’S OFFICE 710 Mill Bay Road, Rm 101 ∙ Kodiak, AK 99615 Phone: (907) 486-9310 ∙ Fax: (907) 486-9391 clerks@kodiakak.us 3BAPPEAL NO. 2023-_______ AGENDA ITEM #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 122 of 222 5B4. Specific Reasons why you believe the assessor’s determination that the property was not exempt was in error and why you believe the property qualifies for an exemption. __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ KIBC 3.35.055 (B)(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. 6B5. Power of attorney: If the owner is authorizing a representative, please indicate by signing the statement below or attaching a signed power of attorney. The person whose name appears as authorized agent in Item 2b has full authority to act on my behalf on all matter pertaining to this appeal. Signature Date 6. I solemnly swear that all the statements made herein and attached are to the best of my knowledge, true, and correct. Signature Date 7. You may submit additional information by April 17, 2023 to support your claim. Check the following statement that applies.  I intend to submit additional documentary evidence to the assessor’s office by 4:30 PM April 17, 2023.  My petition is complete. I have provided all the documentary evidence that I intend to submit, and I request a hearing before the Board of Equalization. KIBC 3.35.055(D4) states The appellant must submit to the assessor’s office, within ten (10) days of filing their request for appeal, all documentary evidence in their possession which they wish to be considered and which is relevant to the resolution of the appeal. The board of equalization may in its discretion decline to accept documents offered at the hearing which should have been provided by April 17, 2023. For Clerk’s Office Use: Hearing date: May 1, 2023 at 5:30 p.m. Location: Borough Assembly Chambers I, ________________________________________________, do hereby acknowledge receipt of this appeal on _____________________. AS 29.45.210(D) An appellant or the assessor may appeal a determination of the board of equalization to the superior court as provided by rules of court applicable to appeals from the decisions of administrative agencies. Appeals are heard on the record established at the hearing before the board of equalization. KIBC 3.35.055 (E) Any appeal of a decision of the board shall be made to the superior court. 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 decision. Page 2 0f 2 AGENDA ITEM #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 123 of 222 Kodiak Island Borough Assessing Department 710 Mill Bay Road ∙ Kodiak, Alaska 99615 Phone (907) 486-9353 ∙ Fax (907) 486-9395 sgaroutte@kodiakak.us DATE The meeting of the Board of Equalization-Exemptions will be held in the Borough Assembly Chambers, 710 Mill Bay Rd, at TIME p.m. on DAY Month date year If you intend to submit additional documentation, please have it to the Assessor’s Office no later than 4:30 pm on Date Please note that per KIB Code 3.35.055 Board of equalization-Exemptions. B 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. Appellants can expect a packet of information provided by both the appellant and the Assessors Office at least 10 days prior to the hearing date. This will be delivered to appellant per instructions given on appellants appeal form. The Borough Clerk will be available at the meeting to assist you in the hearing and to answer any procedural questions you may have. If you have any questions, please give the Assessor’s Office a call (486-9353) or the Clerk’s Office (486-9310). Respectfully, Seema Garoutte Assessor Kodiak Island Borough AGENDA ITEM #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 124 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 125 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 126 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 127 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 128 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 129 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 130 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 131 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 132 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 133 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 134 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 135 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 136 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 137 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 138 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 139 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 140 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 141 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 142 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 143 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 144 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 145 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 146 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 147 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 148 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 149 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 150 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 151 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 152 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 153 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 154 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 155 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 156 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 157 of 222 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 #14.C.1. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 158 of 222 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 19, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: 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) ORIGINATOR: Chris French CDD Director RECOMMENDATION: Move to advance Ordinance No. FY2024-10 to public hearing at the next regular meeting of the Assembly. DISCUSSION: The Planning & Zoning Commission at its regular meeting on September 20, 2023, unanimously recommended approval of Case No. 24-002 to the Kodiak Island Borough Assembly for a rezone of Lot 1 & 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. The findings of fact in support of the approval of this rezone are: 1. All improvements currently located on these subject properties are permitted uses in the RNC-Rural Neighborhood Commercial Zoning District 2. The rezone is consistent with the objectives of the comprehensive plan and in conformance with the future land use map for the Chiniak area. 3. The rezoning of contiguous lots is appropriate and recommended in the RNC- Rural Neighborhood Commercial District. The rezone of Lots 1A & 2A Isthmus Bay, and Lots 1&2 Isthmus Pt. from C- Conservation and Lot 12 Brookers Lagoon from RR1-Rural Residential One District to RNC- Rural Neighborhood Commercial District would allow the applicant to develop and operate a business that is consistent with the development goals outlined in the 2008 Kodiak Island Borough Comprehensive Plan Update and the 1987 Chiniak Comprehensive Plan. Additionally, figure 4.4 (see page 6 of this report) of the Future Land Use Map for Chiniak notes that this specific area should be designated rural/Mixed Use Commercial/Residential. The rural neighborhood commercial designation of the Comprehensive Plan provides for limited retail and personal service uses for the consumer population in the immediate neighborhoods in which such uses are located and limited opportunities to support the tourist industry. Rezoning these four lots complies with the intent of this zoning district, “Neighborhood commercial development in contiguous locations is encouraged to avoid uninterrupted linear commercial development, lessen traffic AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 159 of 222 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 19, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough conflicts, and improve the safety and convenience of customers.” ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 160 of 222 Ordinance No. FY2024-10 Page 1 of 2 KODIAK ISLAND BOROUGH 1 ORDINANCE NO. FY2024-10 2 3 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT 4 1 & 2 ISTHMUS POINT USS 4935, LOT 1A, ISTHMUS BAY, LOT 2A, ISTHMUS BAY, FROM 5 C - CONSERVATION DISTRICT TO RNC – RURAL NEIGHBORHOOD COMMERCIAL AND 6 LOT 12 BROOKERS LAGOON FROM RR1 – RURAL RESIDENTIAL ONE DISTRICT TO RNC 7 – RURAL NEIGHBORHOOD COMMERCIAL DISTRICT (P&Z CASE NO. 24-002) 8 9 WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning, 10 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 11 statutes; and 12 13 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 14 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 15 1968 Comprehensive Plan; and 16 17 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with 18 AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 19 20 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 21 general welfare or good zoning practice requires, the assembly may, by ordinance and after report 22 thereon by the commission and public hearing as required by law, amend, supplement, modify, 23 repeal, or otherwise change these regulations and boundaries of the districts”; and. 24 25 WHEREAS, the property owners applied for a rezone of these properties from the C-26 Conservation District and RR1-Rural Residential One District to the RNC-Rural Neighborhood 27 Commercial District on August 16, 2023; and 28 29 WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly 30 that the subject properties be rezoned from C-Conservation and RR1-Rural Residential One 31 District finding that the public necessity, convenience, general welfare, and good zoning practice 32 would be enhanced by such action. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 35 BOROUGH that: 36 37 Section 1: This ordinance is not of a general and permanent nature and shall not become a part 38 of the Kodiak Island Borough Code of Ordinances. 39 40 Section 2: Lot 1 & 2 Isthmus Point, USS 4935, Lot 1a, Isthmus Nay, Lot 2a, Isthmus Bay, from 41 C-Conservation District to RNC-Rural Neighborhood Commercial District and Lot 12 42 Brookers Lagoon from RR1-Rural Residential One District to RNC-Rural 43 Neighborhood Commercial District. 44 AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 161 of 222 Ordinance No. FY2024-10 Page 2 of 2 Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in 45 support of their approval of this rezone. 46 47 1. All improvements currently located on these subject properties are permitted uses 48 in the RNC-Rural Neighborhood Commercial Zoning District 49 2. The rezone is consistent with the objectives of the comprehensive plan and in 50 conformance with the future land use map for the Chiniak area. 51 3. The rezoning of contiguous lots is appropriate and recommended in the RNC-52 Rural Neighborhood Commercial District. 53 54 Effective Date: This ordinance takes effect upon adoption. 55 56 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 57 THIS _____ DAY OF_________________, 2023 58 59 KODIAK ISLAND BOROUGH 60 61 ATTEST: 62 ___________________________ 63 Scott Arndt, Borough Mayor ______________________________ 64 Nova M. Javier, MMC, Borough Clerk 65 Introduced by: Mayor and Assembly 66 First reading: 67 Second reading/public hearing: 68 69 VOTES: 70 Ayes: 71 Noes: 72 73 74 75 AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 162 of 222 Page 1 of 16 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT AND RECOMMENDATION REPORT DATE: September 14, 2023 TO: Planning and Zoning Commission FROM: Community Development Department Director CASE NO: 24-002 REQUEST: A Rezone of Lot 1 & 2 Isthmus Pt. USS 4935, Lot 1A, Isthmus Bay, Lot 2A, Isthmus Bay, from C- Conservation District to RNC- Rural Neighborhood Commercial and Lot 12 Brookers Lagoon from RR1- Rural Residential One District to RNC- Rural Neighborhood Commercial District RECOMMENDATION: Staff recommends the Commission approve this request for rezone and forward this request to the Kodiak Island Borough Assembly with a recommendation for approval. KIBC 17.205.040 Hearing and notice on rezones. The commission shall hold a public hearing on each properly submitted application for a rezone within 90 days after the date of the next available meeting agenda deadline. The community development department shall give notice of the hearing as required in the same manner prescribed for variances in KIBC 17.195.040. [Ord. FY2018-14 §2, 2018; Ord. 83-58-O §1, 1983. Formerly §17.72.040]. APPLICANT: Friends by the Ocean, and Jerrol & Brenda Friend AGENT: (none) LOCATION: 37899 Chiniak Hwy, 37961 Chiniak Hwy, 38051 Chiniak Hwy and 38057 Chiniak Hwy., Chiniak AK. LEGAL: Lot 12 Brookers Lagoon, Lot 1A, Isthmus Bay, Lot 2A Isthmus Bay, and Lot 1 & 2, Isthmus Pt., USS 4935 LOT SIZE: 1.73 Acres, 5.0 Acres, 5.3905 Acres, and 13.66 Acres CURRENT USE: Lot 12, Single Family Residential, with outbuildings; Lot 1A, recreational cabin; Lot 2A, vacant; Lot 1&2, recreational cabins and outbuildings CURRENT ZONING: RR1-Rural Residential One District and C-Conservation District SITE VISIT: Yes, see attached pictures. NOTICE The Community Development Department sent a public hearing notice to each owner of property within 2500 feet from the exterior boundary of the land described in the application. A total of twenty AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 163 of 222 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 2 of 16 APPLICABLE ZONING DISTRICT REGULATIONS Title 17-Zoning KIBC 17.10.020 Reference and use (comprehensive Plan) In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.195 RNC-Rural Neighborhood Commercial District 17.95.010 Description and intent. The RNC rural neighborhood commercial zoning district is intended to be applied in areas where public sewer and water service is not available. The rural neighborhood commercial zoning district is established for the purpose of providing for limited retail and personal service uses for the consumer population in the immediate neighborhoods in which such uses are located and limited opportunities to support the tourist industry. This district is not intended for those types of uses that will attract either the consumer population of large segments of the community or large volumes of traffic. It is intended to be compactly designed. Neighborhood commercial development in contiguous locations is encouraged to avoid uninterrupted linear commercial development, lessen traffic conflicts, and improve the safety and convenience of customers. Such consolidation may also economically provide for the appropriate screening and/or landscaping buffers needed to protect property values in adjacent residential areas. [Ord. 92-13 §3, 1992. Formerly §17.22.010]. 17.95.020 Permitted principal uses and structures. The following land uses and activities are permitted in the rural neighborhood commercial district: A. Animal hospitals, veterinary clinics, and boarding kennels; B. Automobile service stations; C. Bed and breakfasts/motels; D. Churches; E. Commercial recreation facilities (e.g., racquetball courts, health clubs, ice rinks, etc.); F. Community halls and assembly areas; G. Parks and playgrounds; H. Restaurants and bars; I. Retail stores and service shops (e.g., beauty shops, clinics, grocery stores, professional offices, etc.); J. Schools/daycare facilities; K. A single-family dwelling if located on a lot with a structure containing a permitted business use; L. Warehouses; M. Vacation homes; N. Bed and breakfasts; and O. Motels. [Ord. 2007-08 §12; Ord. 92-13 §3, 1992. Formerly §17.22.020]. 17.95.030 Permitted accessory uses and structures. A. Accessory buildings. [Ord. 92-13 §3, 1992. Formerly §17.22.030]. 17.95.040-Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.); B. Utility and service uses (e.g., substations); (20) public hearing notices were mailed on August 25, 2023. As of the date of this report, four (4) notices had been returned. AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 164 of 222 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 3 of 16 C. Recreational vehicle parks; and D. Communications towers. [Ord. FY2018-17 §2, 2018; Ord. FY2016-07 §2, 2016; Ord. 92-13 §3, 1992. Formerly §17.22.040]. 17.205 Amendments and Changes 17.205.010 Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. [Ord. FY2019-15 §2, 2019; Ord. FY2018- 14 §2, 2018; Ord. 83-58-O §1, 1983. Formerly §17.72.010]. KIBC 17.205.020 Report from planning and zoning commission. The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. [Ord. FY2018-14 §2, 2018; Ord. 83- 58-O §1, 1983. Formerly §17.72.020]. KIBC17.205.040 Hearing and notice on rezones. The commission shall hold a public hearing on each properly submitted application for a rezone within 90 days after the date of the next available meeting agenda deadline. The community development department shall give notice of the hearing as required in the same manner prescribed for variances in KIBC 17.195.040. [Ord. FY2018-14 §2, 2018; Ord. 83-58-O §1, 1983. Formerly §17.72.040]. KIBC 17.205.055 Submission to assembly. A. Within 30 days after the commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within 20 days of the commission’s decision, files an appeal specifying the grounds thereof in writing with the borough clerk. [Ord. FY2018-14 §2, 2018; Ord. 93-20 §3, 1993; Ord. 83-58-O §1, 1983. Formerly §17.72.055]. APPLICABLE 1987 CHINIAK COMPREHENSIVE PLAN GOALS Chiniak Comprehensive Plan Residential Land Use Goal: 1.To retain the rural, large lot, residential character of the community Chiniak Comprehensive Plan Development Land Use Goals: 1.To encourage economic enterprises and land uses that are compatible with present and future residential land use areas 2.To encourage business development in selected areas 3.To encourage home occupations/cottage industries that do not have negative impacts on the residential character of the area AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 165 of 222 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 4 of 16 STAFF COMMENTS The rezone of Lots 1A & 2A Isthmus Bay, and Lots 1&2 Isthmus Pt. from C- Conservation and Lot 12 Brookers Lagoon from RR1-Rural Residential One District to RNC- Rural Neighborhood Commercial District would allow the applicant to develop and operate a business that is consistent with the development goals outlined in the 2008 Kodiak Island Borough Comprehensive Plan Update and the 1987 Chiniak Comprehensive Plan. Additionally, figure 4.4 (see page 6 of this report) of the Future Land Use Map for Chiniak notes that this specific area should be designated rural/Mixed Use Commercial/Residential. The rural neighborhood commercial designation of the Comprehensive Plan provides for limited retail and personal service uses for the consumer population in the immediate neighborhoods in which such uses are located and limited opportunities to support the tourist industry. Rezoning these four lots complies with the intent of this zoning district, “Neighborhood commercial development in contiguous locations is encouraged to avoid uninterrupted linear commercial development, lessen traffic conflicts, and improve the safety and convenience of customers.” COPIES OF ALL CODE SECTIONS FOR EACH CODE MENTIONED IN THIS REPORT ARE AVAILABLE FOR REVIEW ONLINE. PLEASE REVIEW THESE CODE SECTIONS AT YOUR CONVIENCE BEFORE THE MEETING. STAFF FORMAL RECOMMENDATION RECOMMENDATION: Staff is recommending that the Commission forward the request to the Kodiak Island Borough Assembly with a recommendation for approval based on the fact that the proposed change in zoning is in compliance with the comprehensive plan; more specifically, the request is in conformance with the future land use map for Chiniak area as noted in the staff comments. SUGGESTED MOTION: Move to approve the rezoning of Lot 1 & 2 Isthmus Pt. USS 4935, Lot 1A, Isthmus Bay, Lot 2A, Isthmus Bay, from C- Conservation District to RNC- Rural Neighborhood Commercial and Lot 12 Brookers Lagoon from RR1- Rural Residential One District to RNC- Rural Neighborhood Commercial District and move it forward to the Kodiak Island Borough Assembly and adopt the findings of fact for case 24-002 listed in the staff report dated September 14, 2023. Findings of Fact: 1. All improvements currently located on these lots are permitted uses in the RNC-Rural Neighborhood Commercial Zone District. 2. The rezone is consistent with the objectives of the comprehensive plan and in conformance with the future land use map for the Chiniak area. 3. Rezoning contiguous lots is appropriate and recommended in the RNC Zoning District. AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 166 of 222 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 5 of 16 Staff notes: The Commission may amend the conditions of approval or findings of fact (or both) by amending the main motion. Example: Move to amend the motion to grant preliminary approval of (READ THE MOTION ON THE FLOOR HERE), by: (CHOOSE WHAT YOU WOULD LIIKE TO DO FRM BELOW)  Amending the conditions of approval by (removing, inserting, or replacing) the old words and inserting new wording.  Amending the findings of fact by (removing, inserting, or replacing) the old words and insert new wording. ***** Additional Information Below ****** Site Visit September 5, 2023 Notice sign at entrance 1 AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 167 of 222 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 6 of 16 Notice sign at entrance 2 AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 168 of 222 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 7 of 16 Highway looking east from entrance 2 Highway looking west from entrance 2 AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 169 of 222 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 8 of 16 House on Lot 12 Brookers Lagoon Garage on Lot 12 Brookers Lagoon AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 170 of 222 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 9 of 16 Cabin 1 on Lot 1A, Isthmus Bay Cabin 2 on Lot 1 & 2 Isthmus Pt. USS 4935 AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 171 of 222 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 10 of 16 Cabin 3 on Lot 1 & 2 Isthmus Pt. USS 4935 Workshop on Lot 1 & 2 Isthmus Pt. USS 4935 AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 172 of 222 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 11 of 16 Greenhouse and garden on Lot 1 & 2 Isthmus Pt. USS 4935 Pump house on Lot 1 & 2 Isthmus Pt. USS 4935 AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 173 of 222 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 12 of 16 Maps AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 174 of 222 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 13 of 16 AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 175 of 222 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 14 of 16 AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 176 of 222 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 15 of 16 AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 177 of 222 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 16 of 16 AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 178 of 222 AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 179 of 222 AGENDA ITEM #14.C.2.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 180 of 222 AGENDA ITEM #14.C.2.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 181 of 222 AGENDA ITEM #14.C.2.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 182 of 222 From:Elizabeth A Odell To:Bronwyn Currie Subject:comments re: Case No. 24-002 Date:Wednesday, September 20, 2023 10:10:57 AM We support the rezone of the FRIENDS BY THE OCEAN Chiniak property. Some of us worked on the Chiniak Comprehensive Plan in years past. Different areas were designated for potential business development. In fact, the property in question was a large sawmill operation in the 1960’s and several other business ventures since then. We look forward to the Wellness Center and the employment opportunities in the area as a result. David & Elizabeth Odell P.O. Box 5589 Kodiak, AK 99615 907-539-5589 AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 183 of 222 AGENDA ITEM #14.C.2.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 184 of 222 AGENDA ITEM #14.C.2.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 185 of 222 AGENDA ITEM #14.C.2.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 186 of 222 AGENDA ITEM #14.C.2.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 187 of 222 AGENDA ITEM #14.C.2.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 188 of 222 AGENDA ITEM #14.C.2.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 189 of 222 Peter T. Hanley 36795 Chiniak Highway Kodiak, Alaska 99615 (907) 830-6146 (mobile) pthanley@icloud.com September 20, 2023 Kodiak Island Borough Planning and Zoning Commission 710 Mill Bay Road Kodiak, Alaska 99615 Re: Rezone Case No. 24-002 – Friends of the Ocean Application to rezone Chiniak lots from Rural Residential One District to RNC-Rural Neighborhood Commercial District – consideration of the application should be deferred due to the need for additional information Dear Members of the Planning and Zoning Commission, The subject rezoning application should be deferred due to the need for additional information for the following reasons: 1. Neither the applicant or Planning and Zoning staff in their findings have provided information about the impacts of the project (environmental, community and adjacent property owners) or the benefits of the project to the community of Chiniak. 2. The applicant has not provided information relating to the need and justification for the rezoning request as required by the code and application form. Basically, the application comprises a short paragraph on the project and a simple map. 3. The project scope is significant comprising the construction of over 20 cabins and other facilities. The project is essentially a large resort. 4. The Planning and Zoning staff recommendation comprises just three short sentences and a copy of the applicable zoning codes and comprehensive plan. 5. The rezoning application packet only became available to the public on September 13, 2023 just one week before the regular meeting of the Planning and Zoning Commission to make a decision on the project to forward to the KIB Assembly. This short notice and limited information does not allow the public, especially the residents of Chiniak, adequate time to appropriately comment on the rezone request. The above comments in should not be interpreted to imply that the project is inappropriate per se but rather that the public and KIB do not have adequate to assess AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 190 of 222 its impacts and conformance with the KIB code. 1 Therefore, the Planning and Zoning Commission should direct the applicant and KIB staff to provide additional information on the Friends of the Ocean application and defer action until such information and analysis is forthcoming. Thank you for this (in the short time available) opportunity to comment. Sincerely, Peter T. Hanley 1 It is recognized that there would be additional KIB permitting and other regulatory approvals subsequent to any rezoning. Nevertheless, these should not substitute for the upfront scrutiny of the project as required by KIB zoning codes. AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 191 of 222 From:Cynthia Carlough To:Bronwyn Currie Subject:Proposed Rezoning Date:Wednesday, September 20, 2023 2:28:36 PM Hello. My name is Cynthia Stone and I just wanted to say that my family and I strongly oppose the rezoning the Friends by the Ocean application. We want our Chiniak community to remain a rural community. We feel it’s just too much. Thank you for your time Sent from my iPhone AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 192 of 222 AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 193 of 222 AGENDA ITEM #14.C.2. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 194 of 222 Explanationof the need &[ustification for a ch an ge oramend ment ofzoning: We are requesting a Rezone for our ?v e alotscurrentlyzonedConservationandRR1thatweownin Chiniak on Brookers Lagoon and Rosly n B e a c h , toRNC-RuralNeighborhoodCommercialDistrict. This zoning ?ts our project perfectly,as sewerandwaterservicearenotavailable. We are a commercial recreation facility club),somesmallretailwithwinetastingbar,abedand breakfast or short term vacation homes. Our Wellness Center is a highly focusedp e r s o n a l experiencedesignedaroundtheexclusiveuniqueneedsofeach individual capitalizing on relaxation,adv ent ure , healthandcompleterestandrenewal. The bed and breakfast option for our s m all cab ins orlargehousewouldallowforlargetosmallfamilyretreats. We will be working with local bussnessesan d Nativeorganizationstoallowformilesofgroomedwalkingtrails, Kayak tours,horse back tours and a pl ac e forlocalartiststosellandshowtheirgoods. T h e fol lo wi ng informationistobesuppliedbytheApplicant: Property Owner /Applicant:Fri en ds bxtheOcean Mailing Address: Phone Number:907 - 539 - 197 5 or907-539- 1978OtherContactemail,etc.:Bre nda @ Frie ndC ontr acto rs. com Leg“°e‘°""“°"‘5ubd v= u ss 4935LT1&2IsthmusPtB'°<=k=Lot Street Address:380 57 Ch ini ak Hwy Current Zoning:C - Cons ervati on ProposedZoning:RNC-RuraiNeighbirhoodCommercialDistrict Kodia k I s l a n d Borough Community Department 710 B ay Rd.Rm205 Ko dia k AK99615 Ph.(907)486 -Fax(907)486-9396 [ C o nt in orirev erse‘ A p pl ic at io n forRezoneKIBC17.205 Ap pli ca ble Compre hensive Plan:g?_: P R O P '1'3 AGENDA ITEM #14.C.2.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 195 of 222 oo.oom.3 E...was .2;3 _.I._oodma D Ea.S B m oodmmm _.I:_“so.am.5 <aozzmaE u am:no._m>_m3 D E0308 :>>O mt con:co_mm_EEou m.._._..m mm».0 ._m>_m>>_u|.._Eo:oE :26 a:con:>_nEmmmmms....< r_mccmE mc_;o__£ms»5 u3.m:_:_2.>9:2% £5 E mmms?u.co_...m:_c_“.0._mccm_>_omo....o~..:um: mc__u__:m,._m:o._omwe.60:c -<3 u Eoom mu_tO m..m_?8 c_m_n_m>mn_mm”.co_u8:_.m>vamp:an \&$\\\ UCO_._n__O.:0_.. .6m :o_»mcm_n_xm :._m_n_m>_mcm;m:aEoum_n_mu__aamwaswemm>_uumBoQt co m>m;_u_:o>> :o_umu_:tmu t?mmmowa:8 »:_._n. “m..3m:m_o8AGENDA ITEM #14.C.2.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 196 of 222 T h e fo ll o wi ng informationistobesuppliedbytheApplicant: Property Owner /Applicant:Jen- 0| Fri en d Ma?ing Address!PO 175Kodiak,Alaska99615 Phone Number:907 - 539 - 197 5 or907-539-1978 Other Contact email.etc-I Bre nda @ Frie ndC ontr acto rs. com Legal Description:Subd v:Br oo ke rs LagoonBlock:Lot:12 Street Address:378 99 C hi ni ak Hwy Current Zoning:RR1 -Resi dent al OneProposedZoning:RNC-RuralNeighborhoodcommercialDistrict Kodia k I s l a n d Borough Community Department 710 B ay Rd.Rm205 Ko dia k AK99615 Ph.(907)486 —Fax(907)486-9396 [ C o nt in u onrevers] A p pl ic at io n forRezoneKIBC17.205 Ap pli cab le Compre hensive Plan:ChiniakE x pl an at io n oftheneed&justificationforachangeoramendmentofzoning: PI D H AGENDA ITEM #14.C.2.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 197 of 222 I jH30.32:newa~ "$2 2 8 m ago.32 ..o v ucozzwa5.u Eo_uoE :26 mt con:co_mm_EEou 9:..m Eo_uoE :26 mt con:>_nEmmmm9:..< ”..mccmE mc_>>o__£2.:c__u3mE_.__mg.68 mt: m_£E mmmcmzu.co:m_:c_we.mccm_2 omo.mo~.5 um_v_ co_umu_:.w>#205m>_m:m;wEEoum_nmu__aam2t*0mm>_..um.3o9.3ccm>m;_u__..o>>ucmEucmEm._ommcmcumcuamuumtwof *0 :o_umcm_ \\ ncm_.u__o..._m_. mm»__o._m>_m>>_I|._ ho .m>_m>> :o_umu_:tou u QOH#EOOM m.._m_;.o.muC_m_nm>M «mama :8 mc_u__:m;m:o._om.80:E um.3m:m_m o8 .IAGENDA ITEM #14.C.2.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 198 of 222 T h e fol lo wi ng informationistobesuppliedbytheApplicant: Property Owner /Applicant:Fri en ds btheOcean Mailing Address: Phone Number:907 - 539 - 197 5 or907-539-1978 Other Contact email.etc:Bre nda @ Frie ndC ontr acto rs. co m Lega|Description:Subd v:lsm mu S_ B_ a¥ Block:Lot:1 Street Addre-SS1 379 61 Ch ini ak Hwy Current Zoning:C - Cons ervati on ProposedZoning:RNC-RuralNeighbirhoodcommerciaaDistrict Kodia k I s l a n d Borough Community Department 710 B ay Rd.Rm205 Ko dia k AK99615 Ph.(907)486 -Fax(907)486-9396 A p pl ic at io n forRezoneKIBC17.205 Ap pli cab le Compre hensive Plan:Chiniak Continuedonreverse E xp la na ti on oftheneed&justificationforachangeoramendmentofzoning: P R O P ID AGENDA ITEM #14.C.2.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 199 of 222 ?"30.20:.new«N "32 cm3 m “$0.mmm_._o v Eo:_umn_3 U Eo_...oE :26 mgcon:co_mm_EEou wch .m :._o_»oE Eso mt con:>_nEmmmm9:..< v_m:cmE mc_>>o__o..2:E u3m_.._c_3 >9:m:: .._o_§._c_.355.omo.mo~.S um: mc__u__:m_._w:9_om £32 -VOHanEOOK c_m_nm>mn_mm“.p.-O_u.NU_&._.-¢>HCUE NEm>_mcm;mEEoum.n_mu__aammm>_uum.3o9:com>m;2:95..:wE_ucmEm.0m uumtmmayweco_umcm_ 29¢_otm.. mm»B .o>_m>>B maykc ..o>_m>> :oI|_umu_:twumNON\m:8 ”m._3m:m_a8 ‘_ ._\ K .. ,-.v |r-x - 4.)..3‘.,.,-.n..1 ......j‘'-‘v.AGENDA ITEM #14.C.2.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 200 of 222 )5 IsthmusBayBlock:Lot:2 Street Address 38051ChiniakHwy Cur rent Zoni ng: C-ConservationProposedZoning:RNC-RuralNeighbirhoodcommercialDistrict 907- 539- 1975 or907-539- 1978Brenda @ Friend Contra ctors. com Kodia k I s l a n d Borough Community D e v el o p Department 710 M ill B ay Rd.Rm205 Ko dia k AK99615 Ph.(907)486 -Fax(907)486-9396 The informatio n istobesuppliedbytheApplicant: Frien ds bytheOcean Eo hti nu ed didreversg J A p pl ic at io n forRezoneKIBC17.205 Property Owner /A pp lic an t: Mailing Address: Phone Number: Other Contact email , e t c .:Legal Description: Ap pli ca ble Compreh ensive Plan:ChiniakE x pl an at io n oftheneed&justificationforachangeoramendmentofzoning: PR OP _|D 2. 5 AGENDA ITEM #14.C.2.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 201 of 222 ”8.o_29:canam "32 om3 m “$2 $2 .0 w Eo_E.m..._5 .u Eo_..oE C>>O mt con::o_mm_EEou mg....m Eo_..oE Eso mt cog:>_nEmm.u.mmg....4. v_wc:mE mc_>>o__£2.:c__um..m_.._c_mp>mE mt: m_£E .co:m_.._c_.6 ._mccm_>_omo.mo~.D um: \u§3M.\\ _otm_, Em_o_m>_mcm:m.aEoum_nmu__nnm9:wemm>_..uw.3oms::0m>m_._E302,ucmEncmEm.0mr_u:mUmtw 9.:B :o_...mcm_ mm”..6 .m>_m>>D m8 ".0.m>_m>> \:o_..mu_.__u.mu :o_umu_:.m>HCOE u VOH#Eoom m_.mEmmuC_m_nm>mn_mmu_ 88$ mc_u__:m;m:o.om .5 “$8 ”m._3m:m_”...§.u.o8AGENDA ITEM #14.C.2.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 202 of 222 u ........,..\s . u .. nu ‘I ‘V .l 1-I ~-..... w . 0 «s ..... as u. ..K .. ..f...... 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Fencedin Hoop Ho useGreenHo us e Raised B e ds m or e Lagoon C a b i n 2 uture La go on Cabin 3 mare Cabin6 ufure B ea ch Cab in 5 Futu re Be ac h Cabin Futur e Cabin Tas tin g Winery 1405SqFt 380 51 c hi nl a k Hwy Isfh mus BayLot2 sec cHwy Us 9 3 5 as2 3796 1 C h i n l a k Hwy h m u s Ba y Lo?1 80 57 C h m ia k Hwy U 9 3 5 Lo?1 --SideCabin2 64 2 SqF? iff S i d e Ca bin 2 64 2 F?lff Cab in 1 64 2 Ft ch S u d c Ca bin 3 642 .Ft Wel l a n Roa d Eucnmt S N Roo d Ecuncrrt E xi sti ng Cabin Cab in 5 Cab in 2 utu reCab in 4 ufu rcCab in 3 Cab in 1 E C S e p h c Syste ni n 1: ..< pi . I n .a Q n ... V,\ uh 1.« v.I n 1...2on . The Bi z- n.AGENDA ITEM #14.C.2.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 203 of 222 mmaézla m33 V7» . v_m€oM Rom 3m 52 o: $§%oooo~d_2 u=oEmo_o>oDbE=EEoOnwsouomwn??v_w€oMnwsouomcn??v_m€ov_ .. uosm?2: 8:5 Eo?o?wmmzon?o?uumo o?anatom Sm maoumwzno 2:E.5.tom8 mooamm was:38:Ssonm :38 05 moEnema 2:E moo_>.5m Ho mmm como E398 oE_:mU $88..580 _§8&< $6 -$3 mou?mUGHED 28¢s_§<.M<EOM mt xomon Bmbmm Rm 2 Rom “DHcouommaa?. SUN _ 23 3 MS _ we_§8_ “Cmooa?t?om 2<o§o misa 55884 38. couommnm?.35 69C.momoow?om Kw;noonoo_>.5m .oEE:oo 8 lljn xozo QEME VEEEU am?__me -%m-:a E u m mowco_3oE_om$98 8.8%“E5054 $2 >AGENDA ITEM #14.C.2.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 204 of 222 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 19, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT:Administration Of Oath Of Office To Newly Elected Officials ORIGINATOR:Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: The Clerk will administer the Oath of Office to the Mayor and newly-elected Assembly members. DISCUSSION: KIBC 2.25.030 Dictates that before taking office, an assembly member shall affirm in writing that the duties of the office will honestly, faithfully, and impartially be performed. The oath shall be filed with the clerk. KIBC 2.25.020 states that the term of an assembly member is three years or until a successor is selected and qualified. The regular term of office begins on the first Monday following a certification of the election and upon taking an oath of office. The newly elected officials will officially take office on Monday, October 23. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.D.1. Administration Of Oath Of Office To Newly Elected Officials Page 205 of 222 /¢g ’ I?{E -is.443%meg >[.I9[3 nolog ‘QWW‘.I9p\e[‘W BAON _fwMi-‘s 6‘,3$232=-‘ q .6 .:¢‘ ?g."e)[SBIV ‘q?noxogPIIBISI)[B[p0)I 91.1130 [B95 9I.{1PUBpueq XIIIPQXHJBQABLII‘JO9.I9q1SS9II11AAIII .‘.5 3;:—r:’#9 9 K k *:5 $3 B SZQZ .I9qOJ,DO 3Ir;pu91.11.191.IB91{-OAAJ,'8 .103 sags ¢.,, 0 1299 JOKBWqgnoxogsq),.1033,seo S91OA [B101 9L[130 K3,1.Io_[eu.Iep9A;9:)9.1 ii,» “g”LCINHV moss ‘* 3%a 3,eq3,[(311193Kqaxaqop ‘qgnoxogpue[s1 >[e1po)1 9I{1JO )[.I9[:)paaugodde1{[np oww ‘~19!/WI‘w MON ‘1 E NOILOEYIEI 50 EI.LVI)I?IJ.}IEI:)V %«ezoz ‘e HEIHOLD 5 .."\.‘s ".'\.’ ‘.‘‘ 2..W 3%f““M ?g ,%%f m 3%3$90 ?t.‘o’-5‘;5 Q 9%4!’§v04’-5°45 Q ¢o$9.J vqjétoc §¢o%s¢004:!-59¢J 1 ¢o€;;»‘vJ %9o«:9,o"’:'>-“so 9;’ //O§/:O§40>4O\\z.©.~\/40A 403x 40>K-.@.~\40§$1AGENDA ITEM #14.D.1.Administration Of Oath Of Office To Newly Elected OfficialsPage 206 of 222 Kodiak Isla nd Bo rou gh OFFICE of CLE RK 10 Mill Roa dKodiak,A la sk a 9961 5Phone904869310Fa x (907)486-9391 -mail:clerk s@ kodia kak. us I,Scott Arndt,do so le m nl y swearthatIwillsupportanddefendtheConstitutionoftheUnitedStatesof America,the Constit ution oftheStateofAlaska,andtheOrdinancesoftheKodiakIslandBorough. I will ho ne stl y, faithful ly, andimpartiallydischargemydutiesastheKodiakIslandBoroughBoroughMayor to the ofmyability. Oat h O f Offic eBoro ugh Mayo r S u b s c ri b e d andsworntobeforemethis State Third JDistrict K o di a k IslandBoroughClerk Si gn at ur e da y ofOcto ber 2023. 7)AGENDA ITEM #14.D.1.Administration Of Oath Of Office To Newly Elected OfficialsPage 207 of 222 ?,o 4 ’4;,G ,0 Q .§,o,$¢.‘‘,.€6,o§I 4%o ‘,4v,g;,.0,§§z@,o ‘5,W,V‘J o,¢’,o ?g’,o,e‘,o ‘5 45% ;‘g I I f’I . ‘s £9»IiiR;It QICG }[J9[3 0.108 ‘JSFAUI‘W BAON _ 9 two:3%0;.¢z ¢.ggzg,.; 4:’‘E *2 ':9 §@W .1 3 K c D 6%.‘€)IS'BI'VLIH0108 PIICISI)[?'_l'PO>IQql 30 {B95 9111PH?'PU'€I.{III QABLII509.1911].SSQIIJIAAU1 .E{:3 ‘ii 0 . o g .I9qOl3O u'_rpu9 IILIQII .199 -99.II.{],B 105 un?t o $3‘1995 1{[quI9SSVQq],.103Z1393SQZIOA[9101 91.1130 1(1'!f..IO.['BU.IBP9A'!I909.I ifV‘'4'’’5 %®‘LLVHHVHS '8 NVLH W qeqn,1(J}1.I9C)Kqaxaqop ‘q3no.Iogpuqsl >1e1po)1 sq),30 )[.I9D pamyoddeK[np W i Q E‘aww ‘~19IA9[‘W MON ‘1 ‘f{gasa «: 3?g Nouoena :10 euvolalmlao , ezoz ‘e HE[E[OJ.C)()‘ ?..~~.§‘gV ‘K mlaf Mk V ¢, J §,,o‘3‘¢g Q ,,¢‘§‘«»,4!‘Soak,I ,,¢%7-$9,J ¢¢,g';?_~‘£4',¢f§-éwq “egg,4'Qogg‘,§,o"3“~I ,o"";“~9&4 40>z:O\\4@.\\40%/‘Ox /».®:~x //,®.\AGENDA ITEM #14.D.1.Administration Of Oath Of Office To Newly Elected OfficialsPage 208 of 222 7 Kodiak Isla nd Bo ro ug h OFFICE of CL ER K710MillRoa dKodiak,A la sk a 9961 5Phone90)486— 9310 Fa x (9074869391 E-mail:clerk s@ kodia kak. us I,Ryan Sh arr att , dosolemnlyswearthatIwillsupportanddefendtheConstitutionoftheUnitedStates of Ame rica, theConstitut ion oftheStateofAlaska,andtheOrdinancesoftheKodiakIslandBorough. I will ho ne stl y, faithful ly, andimpartiallydischargemydutiesasamemberoftheKodiakIslandBorough Assemb ly tothebestofmyability. O at h OfOffice Asse mbly Memb er S u b s cr ib e d andsworntobeforemethis State o f Third J u d i c i a Distric t ) K o di a k IslandBoroughClerk Si g n at ur e da y ofOcto ber 2023.AGENDA ITEM #14.D.1.Administration Of Oath Of Office To Newly Elected OfficialsPage 209 of 222 EICIISELLIHAAO'I'II(IEIS 'H 08 1121p[(3111901{q9.I9qop ‘q?noxogpuqsl >[e1po)1 9q1_;o >[.19{:)pamgoddeKlnp oww ‘xewzf‘w MON ‘1 NOIJ.C)E['IEI 50 EI_LVC)I:IIlHEID £202 ‘E HEIEIOLDO Qi?rv v»o "n%%v»'¢a9 %mw’q$-‘p943''0 «$90 9 %'$'~*’°'$°‘‘V’°'‘'° \ .4:,o Q.5 ‘_ ’§"5 o 0‘Q ‘s¢j?o“Q J 4»1»4°V;‘cw °¢var 0%y 5 -Ir 4°‘§"’«vQ-_g,¢>°ma.“'9¢:,¢‘"‘“M“f*%M J m ‘”J"“mw J M 912 >[.I9[Q t:[30.103 ‘QWW‘.Ia;Ae[‘W BAON 'B)[SB[V ‘I{3I'lO..IO8PUBISI)[PI‘PO>I 91.1130 {B95 Qql PUBPU'BI.{‘LII QABIII‘JO9.I9L[1SSQIIJIAAIII .I9qO1OO 3I.l'_[pII9111.191.IB91(-99.1111'8 .103 was .I9qu19W K[qu19ssVsq),15123S91OA 193,03,1{3,1.Io[eu112p9A;9:)a.1 5.. .v9.M/VAGENDA ITEM #14.D.1.Administration Of Oath Of Office To Newly Elected OfficialsPage 210 of 222 (7 State of Alaska ) )ss. Third Judicial District ) I,Bo R.Sedillo Whiteside,sole mnl y swearthatIwillsupportanddefendtheConstitutionoftheUnited States of America,the oftheStateofAlaska,andtheOrdinancesoftheKodiakIsland Borough. Kodiak Isla nd Bo rou gh OFFICE of tCLE RK 710 1\/[ill Roa dKodiak,9961 5Phone90)486-9310 Fax904869391 E-mail:clerk s ko dia ka k.u I will h o n es tl y, faithfull y, andimpartiallydischargemydutiesasamemberoftheKodiakIslandBorough Assem bly tothebestofmyability. O at h OfOffice Asse mbly Memb er S u b s cr ib e d andsworntobeforemethisK od ia k Islan d BoroughClerk d a y ofOcto ber 2023. Si gn at ur AGENDA ITEM #14.D.1.Administration Of Oath Of Office To Newly Elected OfficialsPage 211 of 222 snag >[913 q?noxogQWW ‘xapxef‘W eAoN 'B)[SB[V ‘I.{3I'lO.IO8 )['8IPO>I 91.1130 [139891.11PUB XIII 9A'€L[I ‘JO9.I9IJ[I],SSOUJIAAIII .I9qOZ],DOBIIIPUQH1191 .I'€91(-99.11.11E.10} 3,1293 K[qu19ssVsq),.1031512:)S91OA [2101 sq),30 K.1,1.Io_[eu112p9A;:>:)9.1 SEIWV °H NEIAELLS 1121pK311193Kqaxaqop ‘qgnoxogpue[s1 >[e;po)1 sq),30 )[.19[:)pamgoddeK[np ii DWI/\I ‘-Iamef‘w MON ‘1 ‘NOILI)EI"IEI :10 zuvoulnlelc) ezoz ‘E HEIHOLDO\ /5 @ ‘M mg m 1%f . $B44 ¢-w —-¢—.-\~°,o‘3~*»J 9o‘?-‘~01 ooa?w4'§9¢%¢u§,¢,$y‘°4V so"5“~eogw?'§,¢'-'3’s¢4r \.o'’'-='-‘'¢.’‘I590’?-r~"~°§ //.®>461$40%//.®.\\AGENDA ITEM #14.D.1.Administration Of Oath Of Office To Newly Elected OfficialsPage 212 of 222 7 (7)I,Steven Ames,do swearthatIwillsupportanddefendtheConstitutionoftheUnitedStatesof America,the Constit ution oftheStateofAlaska,andtheOrdinancesoftheKodiakIslandBorough. Kodiak Isla nd Bor oug h OFFICE o f tCLE RK 710 Mil l Roa dKodiak,99615 Phone 90 )486 931 0 Fax904869391 E- mailzcletks ko d1 aka k. us I will h o n es tl y, faithfull y, andimpartiallydischargemydutiesasamemberoftheKodiakIslandBorough Assem bly tothebestofmyability. O at h OfOffice Asse mbly Memb er S u b s c ri b e d andsworntobeforemethis State Third J District K o di a k Islan d BoroughClerk Si g n at ur e d a y ofOcto ber 2023.AGENDA ITEM #14.D.1.Administration Of Oath Of Office To Newly Elected OfficialsPage 213 of 222 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 19, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT:Presentations To Outgoing Assembly Members Delgado And Smith ORIGINATOR:Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Mayor Scott Arndt will do the presentation to outgoing Assembly members. DISCUSSION: The Kodiak Island Borough recognizes Assembly members Delgado and Smith and thanks them for their service. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.D.2. Presentations To Outgoing Assembly Members Delgado And Smith Page 214 of 222 AGENDA ITEM #14.D.2.Presentations To Outgoing Assembly Members Delgado And SmithPage 215 of 222 AGENDA ITEM #14.D.2.Presentations To Outgoing Assembly Members Delgado And SmithPage 216 of 222 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 19, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT:Confirmation Of Assembly Appointment To The Womens Bay Service Area Board Of Mr. Travis Cooper ORIGINATOR:Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to confirm the Assembly appointment of Mr. Travis Cooper to the Womens Bay Service Area Board for a term to expire October 2024. DISCUSSION: An application was received from Mr. Travis Cooper on August 15, 2023. There are currently two vacant seats on the Womens Bay Service Area Board and this appointment will place Mr. Cooper in a vacant seat to expire October 2024. Per Borough code, the application was sent to the Service Area Board, and the board expressed no objection to the appointment. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Per KIBC 2.100.030 Appointments A. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. AGENDA ITEM #14.D.3. Confirmation Of Assembly Appointment To The Womens Bay Service Area Boar...Page 217 of 222 Rev. by NJ On: 01/09/2023 NAME TERM ENDS CONTACT NO. EMAIL 1 Jason Chandler (Chair) 569 Leta Street 2025 (907) 942-1976 jhcllc@gmail.com 2 Gregory Egle 10788 Chiniak Dr 2023 (907) 487-2318 (907) 942-2183 groteus@gmail.com 3 Billy Ecret 11850 Bells Flats Rd 2025 (907) 539-2857 Becret21@gmail.com 4 David Heuman 883 Preston Lane 2023 (907) 487-2575 daveheuman@gmail.com 5 William “Bill” Roberts 11222 Womens Bay Rd 2024 (907) 512-0762 Broberts01@acsalaska.net 6 2023 7 2024 Non-Voting Ex-Officio, Womens Bay Fire Chief David Conrad Womens Bay Fire Hall 538 Sargent Creek Road (907) 487-4312 dconrad@kodiakak.us LEGISLATION: Kodiak Island Borough Code 4.50, Womens Bay Service Area AGENDA ITEM #14.D.3. Confirmation Of Assembly Appointment To The Womens Bay Service Area Boar...Page 218 of 222 Application For Boards, Committees, Commissions, & Work Groups Office of the Borough Clerk 710 Mill Bay Road, Room 234 Kodiak, AK 99615 Phone: (907) 486-9310 Fax: (907) 486-9391 clerks@kodiakak.us Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. The Information on this form will also provide the basic information to the Mayor and Assembly Members on your interest in serving on the selected Board, Committee, Commission, or Work Group. Applicant Information Check the Board, Committee, Commission, or Work Group for which you are applying: Architectural/Engineering Review Board Bay View Road Service Area Citizens Board of Equalization Fire Protection Area No. 1 Kodiak Fisheries Development Association Monashka Bay Road Service Area Kodiak Fisheries Work Group Mission Lake “Tide Gate” Service Area Parks and Recreation Committee Service Area No. 1 Planning and Zoning Commission*Trinity Island Street Light Service Area Solid Waste Advisory Board Womens Bay Service Area Board Other:Woodland Acres Street Light Service Area Please Answer the Following Are you a Borough Resident?  Yes  No If yes, for how long? ___ _____ Are you a registered voter?  Y es  No *(Planning and Zoning Commissioners, once appointed, will be required to fill out APOC Financial Disclosure Forms)* Are you willing to file APOC financial Disclosure forms?  Y es  No Full Name: Physical Address Where you Claim Residency: Mailing Address: Phone Number(s): Email Address(s): Employer/Occupation: Length of Residency inAlaska: ______________________ AGENDA ITEM #14.D.3. Confirmation Of Assembly Appointment To The Womens Bay Service Area Boar...Page 219 of 222 Date Received: Date Provided to Mayor or Assembly: REVISED 03/23 Background Information Please list any current memberships or organization(s) you belong to or participate in: What background, special training, education, experience, or credentials do you possess and will bring to your selection(s): Why are you interested in serving on the selected Board, Committee, Commission, or Work Group? Explain your main reason for applying. This may include information on future goals or projects you wish to see accomplished or any additional information that may assist the Mayor and Assembly in the decision-making process. You may attach an additional page if needed: A resume or letter of interest may be attached but is not required. -STAFF USE ONLY - Registered voter of the Borough:  Yes  No Resident of the Service Area:  Yes  No 08/15/2023 08/15/2023 / AGENDA ITEM #14.D.3. Confirmation Of Assembly Appointment To The Womens Bay Service Area Boar...Page 220 of 222 Travis Cooper 12350 Noch Dr.,Kodiak,AK 99615 620-341-2182 Travis.Ray.Cooper@gmail.com EDUCATION Behavior Analyst 5th Edition Graduate Certificate Florida Institute of Technology December 2022 |4.0 GPA M.Ed.Secondary Education with Graduate Certificate in Special Education University of Alaska Fairbanks December 2018 |4.0 GPA Leadership Education in Neurodevelopment and Related Disabilities Fellowship University of Alaska Anchorage May 2019 B.A.Environmental Biology/Ecology and Outdoor Recreation Leadership Western Colorado University May 2009 |3.5 GPA EXPERIENCE Executive Director |May 2014 —Present Island Trails Network |Kodiak Island,Alaska •Plan and manage trail and marine debris programming •Execute annual Kodiak Outdoor Film Festival and other membership recruitment activities •Effectively and safely manage crews in remote locations •Oversee the administrative and financial health of the organization •Work closely with the board to develop sounds policies for implementing programing and future planning OWNER AND SERVICE PROVIDER |February 2021—Present Alaska Vocational Services •Help clients achieve stated goals in their Individualized Plan of Employment (IPE)through individual sessions •Effectively communicate and collaborate with area DVR counselors,clients,and employers •Network in the local community,providing outreach and education for local business owners •Advocate for inclusive employment opportunities at local,state,and national level SPECIAL EDUCATION |August 2020 —May 2023 Kodiak High School,Kodiak Island Borough School District •Develop and implement lessons for high school students that focus on functional academics,behavior/adaptive skills,and recreation •Facilitate partnerships and collaboration with fellow colleagues,guardians,and community organizations •Develop and oversee the implementation of students’Individual Education Plans SPECIAL EDUCATION |August 2017 —May 2020 East Anchorage High School,Anchorage School District •Develop and implement lessons for a self-contained Life Skills program and resource Algebra and Geometry courses •Mentor students in behavioral,social,and academic growth through a culturally dynamic approach •Facilitate partnerships and collaboration with fellow colleagues,parents/guardians,and community organizations •Develop and oversee the implementation of students’Individual Education Plans •Create meaningful vocational experiences and engage students in novel community settings AGENDA ITEM #14.D.3. Confirmation Of Assembly Appointment To The Womens Bay Service Area Boar...Page 221 of 222 SECONDARY EDUCATION TEACHER |August 2017 —May 2017 Top of the Kuskokwim School,Iditarod Area School District •Develop and implement appropriate curriculum for 6th-12th grades,emphasizing individual needs •Promote transitional thinking in older students to prepare for post high school success •Collaborate with community members and organizations to engage students in place relevant education •Develop professional and personal relationships with students to encourage trust and build confidence OUTDOOR EDUCATION INSTRUCTOR |August 2011 —June 2015 Chadwick School |Palos Verdes,CA •Develop lesson plans for outdoor courses based on school's’curriculum for 7th-12th grade students,including: natural/cultural history,health/sanitation,hazard/risk management,navigation,minimum impact ethics •Promote students’personal independence while encouraging effective leadership and cooperative team membership •Engage students in academic learning through peer learning and facilitated journaling •Ensure student safety while on course and in transit AIDE IV SPECIAL EDUCATION INTENSIVE NEEDS |Oct 2015 —May 2016 Kodiak High School |Kodiak,AK •Work with individual students to outline and execute future educational or career goals •Facilitate partnerships with community organizations for student workplace opportunities •Mentor students in academic and vocational duties (applications,deadlines,interviews,etc.) •Provide individual instruction and motivation for students in a classroom setting YOUTH ACTIVITIES COORDINATOR |Oct 2013 —May 2014 Kodiak Island Housing Authority |Kodiak,AK •Develop and implement a monthly schedule for students K-12 focusing on active and educational experiences •Promote individual child education through tutoring while also encouraging effective cooperative learning •Enhance property appearance and cleanliness while continually addressing facility safety issues •Plan and prepare monthly meal plans emphasizing proper nutrition SEASONAL WILDERNESS COUNSELOR |May 2007 —August 2012 YMCA Camp Menogyn |Grand Marais,MN •Facilitate staff trainings to develop mission focused judgment in a wilderness context •Independently lead youth on backpacking and canoeing trips,including a 50 day Brooks Range trip,30 day Wind River Range trip,and 30 day trip down the Flindt/Kopka Rivers,while promoting expedition behavior and respect for the natural world •Teach basic to advanced outdoor skills,emphasizing personal independence and improved self-confidence •Provide direction and support for group development emphasizing expedition behavior Professional Memberships/Certificates Volunteer Firefighter with Womens Bay Fire Department:September 2020 National Certificate of Achievement in Employment Services:Virginia Commonwealth University:July 10,2021 General Member for Alaska Council for Exceptional Children Personal Experience 2013 Seal River Expedition.33 days canoeing in Manitoba,finishing with 8 days in polar bear territory. 2012 Finished Iditarod,1,000 mile dogsled race across Alaska. 2012 Mosie River Expedition.21 days canoeing in Quebec,significant swift water sections. 2011 Gila,San Juan,Colorado &Green River trip. 30 days canoeing in Southwest,USA. 2008 &2009 Crew leader for Alternative Spring Break in Lake Charles Louisiana,home restoration. AGENDA ITEM #14.D.3. Confirmation Of Assembly Appointment To The Womens Bay Service Area Boar...Page 222 of 222 From:Jason Chandler To:Patricia Valerio; Nova Javier Cc:Dave Heuman; Dave Conrad; Greg Egle; Bill Roberts; Billy Ecret Subject:WBSAB 10/3 Meeting Date:Wednesday, October 4, 2023 9:36:17 AM Hello All, Some items to share from last nights meeting The Womans Bay Service Area Board has passed the following motions Voted to advance Travis Coopers application to the Assembly for approval Voted to extend the lease of the apartment to Ms. Crivello by 12 months Voted to extend the 15% inflation adjustment increase to all MK invoices to the 2024 Fiscal Year, as was done in 2023 Let me know if you have questions Thanks Jason Chandler AGENDA ITEM #14.D.3. Confirmation Of Assembly Appointment To The Womens Bay Service Area Boar...Page 223 of 222 Page 1 of 5 Kodiak Island Borough Assembly Regular Meeting Guidelines Assembly Chambers Thursday, October 19, 2023, 6:30 p.m. 1. INVOCATION MAJOR DAVE DAVIS OF THE SALVATION ARMY. 2. PLEDGE OF ALLEGIANCE MAYOR ARNDT WILL LEAD THE PLEDGE OF ALLEGIANCE. 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL KIBC 2.25.070… the chair shall cause the record to reflect the absence of the member, the reason for the absence, and whether the absence is excused by the assembly. 5. APPROVAL OF AGENDA AND CONSENT AGENDA Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION 6. *APPROVAL OF MINUTES A. Special Meeting Of September 26, 2023 And Regular Meeting Of October 5, 2023 7. CITIZENS' COMMENTS Agenda items not scheduled for public hearing and general comments. Read the phone numbers: Local is 907-486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. Sign in and state their name for the record. 2. Turn on the microphone before speaking. 3. Address all remarks to the assembly as a body and not to any member thereof. 4. If calling in – turn off any listening devices to prevent feedback. 8. AWARDS AND PRESENTATIONS 9. COMMITTEE REPORTS 10. PUBLIC HEARING Page 2 of 5 A. Public Hearing On The Kodiak Island Borough's Application To Pathways To Removing Obstacles to Housing (PRO Housing) Clerk’s Note: There is no motion needed. This public hearing is held to satisfy the requirement of the grant application. Staff report – Aimee Williams, Borough Manager Open public hearing. Read phone numbers: 907-486-3231, Toll Free 1-855-492-9202. Please ask speakers to: 1. Sign in and state their name for the record. 2. Turn on the microphone before speaking. 3. Address all remarks to the assembly as a body and not to any member thereof. 4. If calling in, turn off any listening devices to prevent feedback. Close the public hearing. Assembly discussion. B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rules and Regulations Recommended motion: Move to adopt Ordinance No. FY2024-06. Staff report – Aimee Williams, Borough Manager Open public hearing. Read phone numbers: 907-486-3231, Toll Free 1-855-492-9202. Please ask speakers to: 1. Sign in and state their name for the record. 2. Turn on the microphone before speaking. 3. Address all remarks to the assembly as a body and not to any member thereof. 4. If calling in, turn off any listening devices to prevent feedback. Close the public hearing. Assembly discussion. ROLL CALL VOTE ON THE MOTION Page 3 of 5 C. 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 Recommended motion: Move to adopt Ordinance No. FY2024-07. Staff report – Nova M. Javier, MMC, Borough Clerk Open public hearing. Read phone numbers: 907-486-3231, Toll Free 1-855-492-9202. Please ask speakers to: 1. Sign in and state their name for the record. 2. Turn on the microphone before speaking. 3. Address all remarks to the assembly as a body and not to any member thereof. 4. If calling in, turn off any listening devices to prevent feedback. Close the public hearing. Assembly discussion. ROLL CALL VOTE ON THE MOTION 11. BOROUGH MANAGER’S REPORT 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2024-21 Approving An Updated Fire Protection Agreement Between Kodiak Island Borough Airport Protection District and the Womens Bay Fire Protection District Recommended motion: Move to authorize the Borough Manager to execute Contract No. FY2024-21 Approving An Updated Fire Protection Agreement Between Kodiak Island Borough Airport Protection District and the Womens Bay Fire Protection District. Staff Report: Aimee Williams, Borough Manager Assembly discussion. ROLL CALL VOTE ON THE MOTION Page 4 of 5 14.B. RESOLUTIONS 1. Resolution No. FY2024-09 Ratifying And Certifying The Results Of The October 3, 2023, Regular Municipal Election Recommended motion: Move to adopt Resolution No. FY2024-09. Staff report – Nova M. Javier, MMC, Borough Clerk Assembly discussion. ROLL CALL VOTE ON THE MOTION 14.C. ORDINANCES FOR INTRODUCTION 1. 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 Recommended motion: Move to advance Ordinance No. FY2024-09 to public hearing at the next Assembly regular meeting. Staff report – Aimee Williams, Borough Manager Assembly discussion. ROLL CALL VOTE ON THE MOTION 2. 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) Recommended motion: Move to advance Ordinance No. FY2024-10 to public hearing at the next Assembly regular meeting. Staff report – Aimee Williams, Borough Manager Assembly discussion. ROLL CALL VOTE ON THE MOTION 14.D. OTHER ITEMS 1. Administration Of Oath Of Office To Newly Elected Officials Borough Clerk Nova M. Javier will administer the oath of office to newly elected Mayor Scott Arndt. Page 5 of 5 Borough Clerk Nova M. Javier will administer the oath of office to newly elected Assembly Members Bo R. Sedillo Whiteside, Steven Ames, and Ryan Sharratt. 2. Presentations To Outgoing Assembly Members Delgado And Smith Mayor Arndt will do the presentation to outgoing Assembly Members. 3. Confirmation Of Assembly Appointment To The Womens Bay Service Area Board Of Mr. Travis Cooper Recommended motion: Move to confirm the Assembly appointment of Mr. Travis Cooper to the Womens Bay Service Area Board for a term to expire October 2024. Assembly discussion. ROLL CALL VOTE ON THE MOTION 15. CITIZENS' COMMENTS Agenda items not scheduled for public hearing and general comments. Read the phone numbers: Local is 907-486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. Sign in and state their name for the record. 2. Turn on the microphone before speaking. 3. Address all remarks to the assembly as a body and not to any member thereof. 4. If calling in – turn off any listening devices to prevent feedback. 16. ASSEMBLY MEMBERS’ COMMENTS The next Assembly Work Session is scheduled on Thursday, October 26, 2023, at 6:30 p.m. in the Borough Assembly Chambers. The next Assembly Regular Meeting is scheduled on Thursday, November 2, 2023, at 6:30 p.m., in the Borough Assembly Chambers. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION KIBC 2.30.030 A…. Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2024, No. 09 October 20, 2023 At Its Regular Meeting Of October 19, 2023, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On November 2, 2023, At 6:30 p.m. In The Borough Assembly Chambers. HELD A Public Hearing On The Kodiak Island Borough's Application To Pathways To Removing Obstacles to Housing (PRO Housing) ADOPTED Ordinance No. FY2024-06 Amending The Kodiak Island Borough Personnel Rules And Regulations ADOPTED 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 AUTHORIZED The Borough Manager To Execute Contract No. FY2024-21 Approving An Updated Fire Protection Agreement Between Kodiak Island Borough Airport Protection District and the Womens Bay Fire Protection District ADOPTED Resolution No. FY2024-09 Ratifying And Certifying The Results Of The October 3, 2023, Regular Municipal Election ADVANCED 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 To Public Hearing At The Next Assembly Regular Meeting ADVANCED 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) To Public Hearing At The Next Assembly Regular Meeting ADMINISTERED Oath Of Office To Newly Elected Officials Mayor Scott Arndt And Assembly Members Bo R. Sedillo Whiteside and Ryan Sharratt PRESENTED Certificate Of Appreciation To Outgoing Assembly Members Joseph Delgado And Geoffrey Smith CONFIRMED the Assembly Appointment of Mr. Travis Cooper To The Womens Bay Service Area Board For A Term To Expire October 2024 View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2024, No. 09 October 20, 2023 At Its Regular Meeting Of October 19, 2023, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On November 2, 2023, At 6:30 p.m. In The Borough Assembly Chambers. HELD A Public Hearing On The Kodiak Island Borough's Application To Pathways To Removing Obstacles to Housing (PRO Housing) ADOPTED Ordinance No. FY2024-06 Amending The Kodiak Island Borough Personnel Rules And Regulations ADOPTED 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 AUTHORIZED The Borough Manager To Execute Contract No. FY2024-21 Approving An Updated Fire Protection Agreement Between Kodiak Island Borough Airport Protection District and the Womens Bay Fire Protection District ADOPTED Resolution No. FY2024-09 Ratifying And Certifying The Results Of The October 3, 2023, Regular Municipal Election ADVANCED 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 To Public Hearing At The Next Assembly Regular Meeting ADVANCED 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) To Public Hearing At The Next Assembly Regular Meeting ADMINISTERED Oath Of Office To Newly Elected Officials Mayor Scott Arndt And Assembly Members Bo R. Sedillo Whiteside and Ryan Sharratt PRESENTED Certificate Of Appreciation To Outgoing Assembly Members Joseph Delgado And Geoffrey Smith CONFIRMED the Assembly Appointment of Mr. Travis Cooper To The Womens Bay Service Area Board For A Term To Expire October 2024