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2023-11-02 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, November 2, 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.Regular Meeting Of October 19, 2023 2023-10-19 RM Minutes 4 - 8 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 A.Ordinance No. FY2024-09 Amending Kodiak Island Borough 9 - 57 Page 0 of 159 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 B.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 58 - 107 11.BOROUGH MANAGER’S REPORT 12.MESSAGES FROM THE BOROUGH MAYOR 13.CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14.CONSIDERATION OF CALENDAR - NEW BUSINESS A.Election Of The 2023-2024 Borough Assembly Deputy Presiding Officer Agenda Item Report - Pdf 108 - 109 14.A.CONTRACTS 14.B.RESOLUTIONS 1.Resolution No. FY2024-06 Conveying Tax Foreclosed Property To The City Of Larsen Bay As Provided In AS 29.45.450 Agenda Item Report - Pdf 110 - 118 2.Resolution No. FY2024-07 Conveying Tax Foreclosed Property To The City Of Port Lions As Provided In AS 29.45.450 Agenda Item Report - Pdf 119 - 133 3.Resolution No. FY2024-11 Adopting A State Legislative Capital Improvement Project Priority List For the 2024 Legislative Session Agenda Item Report - Pdf 134 - 140 4.Resolution No. FY2024-12 Establishing A Solid Waste Contract Committee 141 - 143 Page 1 of 159 Agenda Item Report - Pdf 14.C.ORDINANCES FOR INTRODUCTION 1.Ordinance No. FY2024-08 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Kodiak Island Borough Title 15 Buildings And Construction, Chapter 40 Building And Lot Numbering, Section 15.40.080 Procedure For Addressing Newly Created Lots Agenda Item Report - Pdf 144 - 152 14.D.OTHER ITEMS 1.Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees Agenda Item Report - Pdf 153 - 154 15.CITIZENS' COMMENTS 16.EXECUTIVE SESSION A.Borough Manager's Performance Evaluation Agenda Item Report - Pdf 155 - 159 17.ASSEMBLY MEMBERS’ COMMENTS 18.ADJOURNMENT 19.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 159 Kodiak Island Borough October 19, 2023 Assembly Regular Meeting Minutes Page 1 of 5 KODIAK ISLAND BOROUGH Assembly Regular Meeting October 19, 2023 A regular meeting of the Kodiak Island Borough Assembly was held on October 19, 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, CDD Director Chris French, Borough Clerk Nova M. Javier, and Deputy Clerk Lina Cruz. 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 James Turner, Joseph Delgado, Jared Griffin, Larry LeDoux, Geoff Smith, Ryan Sharratt, and Scott Smiley. 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 (Approved under consent agenda) A. Special Meeting Minutes Of September 26, 2023, And Regular Meeting Minutes Of October 5, 2023 7. CITIZENS' COMMENTS The following spoke under citizen’s comments: • Andie Wall • Brian Himelbloom 8. AWARDS AND PRESENTATIONS 9. COMMITTEE REPORTS 10. PUBLIC HEARING AGENDA ITEM #6.A. Regular Meeting Of October 19, 2023 Page 4 of 158 Kodiak Island Borough October 19, 2023 Assembly Regular Meeting Minutes Page 2 of 5 A. Public Hearing On The Kodiak Island Borough's Application To Pathways To Removing Obstacles to Housing (PRO Housing) Mayor Arndt opened the public hearing. Hearing and seeing none, Mayor Arndt closed the public hearing and reconvened the regular meeting. B. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rules and Regulations SMILEY moved to adopt Ordinance No. FY2024-06. Mayor Arndt opened the public hearing. Hearing and seeing none, Mayor Arndt closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, LeDoux, Sharratt, Smiley, Smith, and Turner. 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 SMILEY moved to adopt Ordinance No. FY2024-07. Mayor Arndt opened the public hearing. Brian Himelbloom spoke under public hearing. Mayor Arndt closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Sharratt, Smiley, Smith, Turner, and Delgado. 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 thanked everyone that got out and voted on Election day. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS AGENDA ITEM #6.A. Regular Meeting Of October 19, 2023 Page 5 of 158 Kodiak Island Borough October 19, 2023 Assembly Regular Meeting Minutes Page 3 of 5 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 SMILEY moved to authorize the manager to execute Contract No. FY2024-21 to update the Fire Protection Agreement Between Kodiak Island Borough Airport. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO TWO: Smiley, Smith, Delgado, Griffin, LeDoux (AYES); Turner and Sharratt (NOES). 14.B. RESOLUTIONS 1. Resolution No. FY2024-09 Ratifying And Certifying The Results Of The October 3, 2023, Regular Municipal Election SMILEY moved to adopt Resolution No. FY2024-09. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Turner, Delgado, Griffin, LeDoux, Sharratt, and Smiley. 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 SMILEY moved to advance Ordinance No. FY2024-09 to public hearing at the next regular meeting of the Assembly. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Delgado, Griffin, LeDoux, Sharratt, Smiley, and Smith. 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) SMILEY moved to advance Ordinance No. FY2024-10 to public hearing at the next regular meeting of the Assembly. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, LeDoux, Sharratt, Smiley, Smith, and Turner. 14.D. OTHER ITEMS 1. Administration Of Oath Of Office To Newly Elected Officials AGENDA ITEM #6.A. Regular Meeting Of October 19, 2023 Page 6 of 158 Kodiak Island Borough October 19, 2023 Assembly Regular Meeting Minutes Page 4 of 5 Borough Clerk, Nova M. Javier administered the oath of office to newly elected Mayor Scott Arndt. Borough Clerk, Nova M. Javier administered the oath of office to newly elected Assembly Members Bo R. Sedillo Whiteside and Ryan Sharratt. Assembly member Steven Ames will be administered his oath of office upon his return from leave. 2. Presentations To Outgoing Assembly Members Delgado And Smith Mayor Scott Arndt presented certificates to outgoing Assembly members Joseph Delgado and Geoffrey Smith and thanked them for their service. 3. Confirmation Of Assembly Appointment To The Womens Bay Service Area Board Of Mr. Travis Cooper Move to confirm the Assembly appointment of Mr. Travis Cooper to the Womens Bay Service Area Board for a term to expire October 2024. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Sharratt, Smiley, Smith, Turner, and Delgado. 15. CITIZENS' COMMENTS Brian Himelbloom spoke under citizen’s comments. 16. ASSEMBLY MEMBERS’ COMMENTS • Assembly Member Sharratt spoke on his travel to the villages in the Kodiak archipelago, Larsen Bay, Akhiok, and Ouzinkie. He urged fellow Assembly members to reach out to these villages and challenged them to do the same to start an inclusive process. He proposed the Kodiak Island Borough explore the idea of hiring a remote community liaison. He will be traveling to Larsen bay on Monday at 4 p.m. to be a guest during their meeting. He was pleased to see the City lease agreement moving forward as well as the E911 system. Lastly, he thanked the local City police officers that showed up at the meeting and showed appreciation to the commitment of staff moving KIB forward with their accomplishments and gave them a huge shout out. • Assembly Member Smiley reminded Assembly members to turn in their manager evaluations to him before next Thursday and mentioned he would like to try to develop a new evaluation process. • Assembly Member LeDoux mentioned he would like work sessions to really focus on looking toward the future continually and planning on the future in terms of budget, quality of life, economic development, and housing. He requested to have a running total of travel cost by assembly members and for the Assembly to schedule a Strategic planning meeting to focus on priorities, specific issues, and develop a succinct focused and relevant strategic plan that everyone will agree to. He requested support from the Assembly to look at service district AGENDA ITEM #6.A. Regular Meeting Of October 19, 2023 Page 7 of 158 Kodiak Island Borough October 19, 2023 Assembly Regular Meeting Minutes Page 5 of 5 contracts for the last five years and invoices related to that. He also stated that they need to clearly define the roles of the Assembly members as representatives of the public, the role of the Deputy Presiding Officer and their job to represent the Assembly, the role of the Mayor, and how they can assist the manager to do their job. He requested to have a work session where they could talk about lands and finding ways to serve the public. Lastly, he thanked Major Dave Davis for the invocation that he does at every Assembly meeting. • Assembly Member Smith expressed gratitude for the opportunity to serve the community over the last three years. He appreciated public input and comments from people that take the time out of their day to speak directly to the Assembly and express their concerns. He expressed gratitude and appreciation to the staff, manager, Assembly, and Clerk’s office staff. Lastly, he thanked Assembly member Delgado for his contribution to include a Land Acknowledgement into Assembly agendas at the beginning of each meeting. • Assembly Member Griffin thanked Borough staff for all the work they do each week. He expressed support and echoed Assembly member LeDoux’s comments regarding planning, economic development, comprehensive land use, and strategic planning. He thanked Assembly member Delgado for his help reorienting the Assembly’s vision to remote, village, and native issues. He also thanked Assembly member Smith for demonstrating how to listen to people and expressed his appreciation for that. • Assembly Member Delgado said that he spoke for the people whose voices are not being heard. He expressed gratitude for the opportunity to work with different people on the Assembly. He urged the Assembly and the community to continue moving forward. He expressed appreciation to staff for their assistance in making the Borough run and for doing such a great job. • Assembly Member Turner wished good luck to Assembly members Smith and Delgado. He congratulated Assembly members Sharratt, Whiteside, and Ames. He thanked the election staff and the Borough clerks for getting another election under their belt. He spoke on the borough buildings that are vacant right now and all the discussion being made regarding them not only locally but also at the federal and state levels. 17. ADJOURNMENT SMILEY moved to adjourn the meeting at 8:04 pm. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: Scott Arndt, Borough Mayor Nova M. Javier, Borough Clerk AGENDA ITEM #6.A. Regular Meeting Of October 19, 2023 Page 8 of 158 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 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 adopt Ordinance No. FY2024-09. 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 9 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 10 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 11 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 12 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 13 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 14 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 15 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 16 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 17 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 18 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 19 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 20 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 21 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 22 of 158 KODIAK ISLAND BOROUGH ASSESSING DEPARTMENT 710 Mill Bay Road Kodiak, AK 99615 (907) 486-9350 Phone (907) 486-9353 Fax sgaroutte@kodiakak.us LAST PARAGRAPH(S) IN THE ORIGINAL DETERMINTON LETTER: If you feel this determination is incorrect, you may either appeal to the Board of Equalization under KIBC 3.35.055, (A)-(E) or the Alaska Superior Court in accordance with Alaska Rule of Appellate Procedure 602 and AS 29.45.200(c), or may request reconsideration by the Assessor. If you request reconsideration, you will have 30 days from the date of mailing of the decision on the reconsideration request to appeal to either the Board of Equalization or the Alaska Superior Court. If you timely request reconsideration you will be contacted to set up a meeting at our earliest convenience, at which time you will have the opportunity to present any information or documentation that you feel will impact this decision. If you fail to either appeal or seek reconsideration within 30 days of the mailing of this letter your right to seek review or appeal will cease. If you have any questions regarding this matter, contact me at the address or email referenced above or by phone at (907) 486-9350. LAST PARAGRAPH(S) IN THE RECONSIDERTION LETTER: This is a final decision regarding an exemption. The owner of record may appeal a decision by the assessor to deny an exemption under this section. An appeal may be made either to the Assembly, sitting as a Board of Equalization under KIBC 3.35.055,(A)-(E) or 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), within 30 days of the date above. The KIB Assessors office recommends that the owner of record appeal to the Assembly, sitting as a Board of Equalization under KIBC 3.35.055, (A)-(E) before going to the Superior Court to avoid any additional costs to the owner of record. This is only a recommendation, and the owner of record is free to choose the avenue for appeal they wish to. If you have any questions regarding this matter, contact me at the address or email referenced above or by phone at (907) 486-9350. AGENDA ITEM #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 23 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 24 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 25 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 26 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 27 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 28 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 29 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 30 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 31 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 32 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 33 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 34 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 35 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 36 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 37 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 38 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 39 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 40 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 41 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 42 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 43 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 44 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 45 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 46 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 47 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 48 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 49 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 50 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 51 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 52 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 53 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 54 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 55 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 56 of 158 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 #10.A. Ordinance No. FY2024-09 Amending Kodiak Island Borough Code Title 3 Reve...Page 57 of 158 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 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 adopt Ordinance No. FY2024-10. DISCUSSION: 2023, 20, September on meeting its regular Commission Zoning & Planning The at 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 Residential RNC-Rural to District One RR1-Rural 12, Lagoon Brookers Lot from 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 One Rural RNC- to District Residential Brookers from Lagoon RR1-Rural 12 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 Chiniak 1987 the Plan. Update Plan Comprehensive and 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. zoning this of intent the with lots four these Rezoning district, complies “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.” Clerk's note: 20 Public hearing notices were mailed out on Friday, October 20. The mailing AGENDA ITEM #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 58 of 158 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough list is included in this packet. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 59 of 158 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 #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 60 of 158 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 #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 61 of 158 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 #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 62 of 158 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 #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 63 of 158 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 #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 64 of 158 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 #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 65 of 158 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 #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 66 of 158 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 6 of 16 Notice sign at entrance 2 AGENDA ITEM #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 67 of 158 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 #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 68 of 158 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 #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 69 of 158 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 #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 70 of 158 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 #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 71 of 158 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 #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 72 of 158 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 12 of 16 Maps AGENDA ITEM #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 73 of 158 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 13 of 16 AGENDA ITEM #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 74 of 158 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 14 of 16 AGENDA ITEM #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 75 of 158 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 15 of 16 AGENDA ITEM #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 76 of 158 Case No. 24-002 Public Hearing Date: September 20, 2023 Page 16 of 16 AGENDA ITEM #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 77 of 158 AGENDA ITEM #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 78 of 158 AGENDA ITEM #10.B.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 79 of 158 AGENDA ITEM #10.B.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 80 of 158 AGENDA ITEM #10.B.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 81 of 158 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 #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 82 of 158 AGENDA ITEM #10.B.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 83 of 158 AGENDA ITEM #10.B.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 84 of 158 AGENDA ITEM #10.B.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 85 of 158 AGENDA ITEM #10.B.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 86 of 158 AGENDA ITEM #10.B.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 87 of 158 AGENDA ITEM #10.B.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 88 of 158 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 #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 89 of 158 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 #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 90 of 158 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 #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 91 of 158 AGENDA ITEM #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 92 of 158 AGENDA ITEM #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 93 of 158 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 #10.B.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 94 of 158 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 #10.B.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 95 of 158 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 #10.B.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 96 of 158 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 #10.B.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 97 of 158 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 #10.B.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 98 of 158 ?"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 - 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The Bi z- n.AGENDA ITEM #10.B.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 102 of 158 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 #10.B.Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 103 of 158 NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, November 2, 2023, at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. 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) If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and email it to clerks@kodiakak.us, or hand deliver it to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615. The form must be received by the Clerk’s Office by noon on November 2. Comments favoring and opposing are encouraged. If you have any questions, please call (907) 486-9310. Attachments: • Map • Public hearing form • Ordinance No. FY2024-10 For those who wish to submit comments after the deadline, you may bring 11 paper copies during the meeting for distribution to the Assembly. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 clerks@kodiakak.us AGENDA ITEM #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 104 of 158 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 #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 105 of 158 PUBLIC HEARING FORM 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) This is in support of Ordinance. This is in opposition of Ordinance. Other comments. Name: ________________________________________________________________________________ Residence Address: _____________________________________________________________________ Mailing Address: ________________________________________________________________________ Comments: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ Written comments may be submitted by email to clerks@kodiakak.us, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615. The form must be received by the Clerk’s Office by noon on November 2, 2023. AGENDA ITEM #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 106 of 158 prop_id first_name last_name Street_Number Street_Name Street_Direction Mail_Line_1 Mail_Line_2 Mail_City Mail_State Mail_Zip18116 JOHN M MALLOY ETAL37273 CHINIAK HWY PO BOX 8901 KODIAK AK 9961518115 KENNETH D DAWS 37300 CHINIAK HWY PO BOX 5548 CHINIAK AK 9961518628 FRIENDS BY THE OCEAN LLC 38057 CHINIAK HWY PO BOX 175 KODIAK AK 9961519300 DAVIS B PARKER FAMILY TRUST 37392 CHINIAK HWY PARKER JOHN DAVIS TRUSTEE 202 MAIN STREET SUITE 4LONGMONTCO 8050119301 DANIEL NELSON JR 37468 CHINIAK HWY PO BOX 867 KODIAK AK 9961519302 TIMOTHY BRADY 37520 CHINIAK HWY PO BOX 1692 KODIAK AK 9961519303 MARK & ALICE JAMISON 37566 CHINIAK HWY PO BOX 5615 KODIAK AK 9961519304GRANT WALKER 37608 CHINIAK HWY 1721 MISSION RD KODIAK AK 9961519307 ERNESTSCHEIDLER ETAL37732 CHINIAK HWY PO BOX 5590 CHINIAK AK 9961519308 JOHN SEVIER 37786 CHINIAK HWY PO BOX 191002 ANCHORAGE AK 9951919309 JEFFREYRANDALL 37834CHINIAK HWY 2711 E OCEAN VIEW AVE NORFOLK VA 2351819312 BRENT MCCORMICK 37861 CHINIAK HWY P O  BOX 5506 CHINIAK AK 9961519315 DALE MARIE RICE LIVING TRUST 38100 CHINIAK HWY C/O TANYA WILLIS 426 AMERIGO LANE ELK RIDGE UT 8465119316 GEORGE FLOYD MENZE 38082 CHINIAK HWY 237 PINECREST DR PALM HARBOR FL3468319317 CAROL M NELSON 38040 CHINIAK HWY 506 1ST ST SELIDGERWOOD ND 5805319318 JENNIFER NEWBY 37990 CHINIAK HWY 1231 MILL BAY ROAD KODIAK AK 9961519306 DAVID ODELL37670 CHINIAK HWY PO BOX 5589 CHINIAK AK 9961519252 BRENT MCCORMICK 37691 CHINIAK HWY PO BOX 5506 CHINIAK AK 9961518830 LEISNOI INC CHINIAK HWY 101 W BENSON AVE ANCHORAGE AK 9950319305 ANTHONY WALKER 37632 CHINIAK HWY PO BOX 9004 KODIAK AK 99615 AGENDA ITEM #10.B. Ordinance No. FY2024-10, An Ordinance Of The Assembly Of The Kodiak Isla...Page 107 of 158 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT:Election Of The 2023-2024 Borough Assembly Deputy Presiding Officer ORIGINATOR:Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to nominate _______________________ as Deputy Presiding Officer. DISCUSSION: The assembly shall annually, at the November meeting, elect from its members a Deputy Presiding Officer (DPO) to serve at the assembly’s pleasure. The duties of the DPO includes presiding as the chair at assembly meetings in the absence of the mayor and perform other duties as assigned by the Mayor and Assembly. The nomination will proceed as follows: 1. Mayor Arndt will open the floor for nominations. No discussion or debate is needed. 2. Ballot slips to be distributed and collected by the Clerk. 3. Clerk and designee will tally and announce the elected member. A majority vote of the assembly shall be required for election. If no majority is cast for any candidate, the candidate or candidates with the fewest ballots shall be dropped from the list of candidates until there are two remaining and balloting shall continue until one candidate is elected. In case of an ultimate tie vote of the assembly, the mayor may vote. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC Chapter 2.20 Borough Mayor, 2.20.080 Executive Absence A. In the mayor’s absence, the deputy presiding officer shall preside at all regular and special meetings and perform the duties assigned by the mayor or assembly. B. The mayor, subject to assembly approval, shall designate a person to act as mayor during the mayor’s temporary absence or disability. If a manager plan has been adopted, the assembly shall designate by resolution a borough administrative official to act as manager during the manager’s absence or disability. KIBC 2.30.040 Organization and Deputy Presiding Officer A. Organization. The assembly shall annually, at the November meeting, elect from its members a Deputy Presiding Officer to serve at the assembly’s pleasure. B. Election of the Deputy Presiding Officer of the assembly shall be in the following manner: 1. 1. As the first order of new business, nominations for Deputy Presiding Officer shall be opened. 2. 2. Nominations may be made by any member of the assembly. AGENDA ITEM #14.A. Election Of The 2023-2024 Borough Assembly Deputy Presiding Officer Page 108 of 158 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough 3. 3. At the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one other person, tally the ballots. The clerk shall announce the results. 4. 4. A majority vote of the assembly shall be required for election. 5. 5. If no majority is cast for any candidate, the candidate or candidates with the fewest ballots shall be dropped from the list of candidates until there are two remaining and balloting shall continue until one candidate is elected. In case of an ultimate tie vote of the assembly, the mayor may vote. C. Deputy Presiding Officer. The Deputy Presiding Officer shall preside as the chair at assembly meetings in the absence of the mayor. If at any meeting the Deputy Presiding Officer is not present, or is unable to act, the senior assembly member present shall preside as the chair AGENDA ITEM #14.A. Election Of The 2023-2024 Borough Assembly Deputy Presiding Officer Page 109 of 158 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT:Resolution No. FY2024-06 Conveying Tax Foreclosed Property To The City Of Larsen Bay As Provided In AS 29.45.450 ORIGINATOR:Dora Cross, Finance Director RECOMMENDATION: Move to adopt Resolution No. FY2024-06. DISCUSSION: On July 10, 2023, the Kodiak Island Borough received the Clerk's Deed for PID 20068, the property is located at 205 First Street, Larsen Bay, AK previously owned by Venessa Hochmuth. Pursuant to Alaska State Statute Sec. 29.45.450, unredeemed property in a city can be deeded to the city upon payment of Borough taxes and costs of foreclosure. The City of Larsen Bay has contacted the Kodiak Island Borough and provided the minutes from the City of Larsen Bay Regular Meeting on September 15, 2023, documenting the foreclosed property was voted to purchase for taxes due by the City of Larsen Bay in the amount of $1,229.30. ALTERNATIVES: FISCAL IMPACT: None. OTHER INFORMATION: AGENDA ITEM #14.B.1. Resolution No. FY2024-06 Conveying Tax Foreclosed Property To The City O...Page 110 of 158 Resolution No. FY2024-06 Page 1 of 1 KODIAK ISLAND BOROUGH 1 RESOLUTION NO. FY2024-06 2 3 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH CONVEYING 4 TAX FORECLOSED PROPERTY TO THE CITY OF LARSEN BAY AS PROVIDED IN AS 5 29.45.450 6 7 WHEREAS, a certain land parcel within the City of Larsen Bay was foreclosed on for 8 delinquent real property taxes; and 9 10 WHEREAS, this certain land parcel was deeded to the Kodiak Island Borough by the 11 Superior Court of the State of Alaska by Clerks Deed No. 3KO-22-00042 CI dated July 12 10, 2023, and recorded in the Kodiak Recording District, Third Judicial District, State of 13 Alaska No. 2023-000664-0 on July 26, 2023; and 14 15 WHEREAS, this certain land parcel is described as LOT THREE (3), BLOCK FIVE (5), 16 TRACT “A”, LARSEN BAY TOWNSITE, UNITED STATE SURVEY NO. 4872, according 17 to Plat No. 69-3, located in the Kodiak Recording District, Third Judicial District, State of 18 Alaska. This property is also identified as “PID 20068”; and 19 20 WHEREAS, AS 29.45.450 provides that an unredeemed tax foreclosed property lying 21 within a city is deeded to the city subject to payment by the city of the unpaid borough 22 taxes and costs of foreclosure levied against the property before foreclosure. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH that the above tax foreclosed parcel is deeded to the City of Larsen Bay upon 26 receipt of payment for the outstanding borough taxes and foreclosure costs of $1,229.30. 27 28 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 29 THIS DAY OF , 2023 30 31 KODIAK ISLAND BOROUGH 32 33 ATTEST: 34 ___________________________ 35 Scott Arndt, Mayor ______________________________ 36 Nova M. Javier, MMC, Borough Clerk 37 VOTES: 38 Ayes: 39 Noes: 40 AGENDA ITEM #14.B.1. Resolution No. FY2024-06 Conveying Tax Foreclosed Property To The City O...Page 111 of 158 Kodiak Island Borough Finance Department 710 Mill Bay Road  Kodiak, Alaska 99615 Phone (907) 486-9325  Fax (907) 486-9392 szimmerman@kodiakak.us August 15, 2023 City of Larsen Bay PO Box 8 Larsen Bay, AK 99624 Re: Borough Foreclosed Property within Larsen Bay City Limits Property Location: LOT THREE (3), BLOCK FIVE (5), TRACT “A”, LARSEN BAY TOWNSITE, UNITED STATES SURVEY NO. 4872, according to Plat No. 69-3, located in the Kodiak Recording District, Third Judicial District, State of Alaska Case No. 3KO-22-00042 CI Kodiak Recording District 303 On July 10th, 2023, the Kodiak Island Borough received a Clerk’s Deed for the above referenced property. Pursuant to Alaska State Statute Sec 29.45.450, unredeemed property in a city can be deeded to the city upon payment of borough taxes and costs of foreclosure. As of today, 08/09/2023 the total amount of taxes and costs levied against the property is $1,229.30. Please contact our office by September 15, 2023, if you are interested in acquiring this property. Sincerely, Susan Zimmerman Finance Department Enclosure: copy of AS Sec 29.45.450 CC: Venessa Hochmuth (former owner of record) c/o 1912 Mill Bay Rd #9 Kodiak, AK 99615 AGENDA ITEM #14.B.1. Resolution No. FY2024-06 Conveying Tax Foreclosed Property To The City O...Page 112 of 158 \‘l|\‘\“n‘11\I‘|‘l*l|\I 1 A L A S K A 202 3 0 0 0 6 6 4 —0 BecomingDis trict 30 3 Kodia k07I26I2n2311 :22 APage1of3 IllIllI||||| llNIlllll lll|||| lIll|||| IllIIf|||||| ||||||||||l! l|||||||||| For recording in the Kodiak Recor ding Dist rictThirdJudicialDistrict,State of Ala ska After Recording Return to: KODIAKISLANDBOROUGH Attn:Revenue Accountant 710 Mill Bay Road Kodiak,AK99615 D O N O T DETA CH In Re:Delinqu ent Pro pert y TaxAccountsfortheYear2021 and Pri or Y ea rs intheKodiakIslandBorough 3K0- 22- 00042 Cl Thir d JDistrictatKodiak,Alaska C L E R K S DEE D C O V E R PAGE AGENDA ITEM #14.B.1.Resolution No. FY2024-06 Conveying Tax Foreclosed Property To The City O...Page 113 of 158 /‘W I‘HI!ll KEENE &CURRALL,PPCS4-0WATER STREET,SUITE 302,KETCHIKAN,ALASKA 99901Ph:(907)225 -4131,Fax:(907)225 —0540102225 Scott A.Brandt-Erichsen Alaska Bar No:8811175 KEENE &CURRALL,PPC 540 Water Street,Suite 302 Ketchikan,Alaska 99901 Phone:(907)225-4131 Fax:(907)225-0540 E-mail:courtdocs@keenecurrall.com Attorneys for Kodiak Island Borough IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KODIAK IN RE:DELINQUENTTAXES AND SPECIAL ASSESSMENTSFOR THE YEAR 2021 AND PRIOR YEARS, NO.3K0-22-42CI IN THE KODIAK ISLAND BOROUGH DEED BY CLERK OF COURT AND CITIES WITHIN THE KODIAK TO KODIAK ISLAND ISLAND BOROUGH,ALASKA.BOROUGH Whereas,a Finding of Facts,Conclusions of Law,Judgment and Decree was entered in the above-entitledmatter on April 26,2022;and, Whereas,the one-year period of redemptionprovided for by AS 29.45.400 expires thirty (30)days after the ?rst publication of a redemption period expiration notice;and, Whereas,such notice provided for by AS 29.45.440 was duly made in respect to the properties described below,which first publicationwas on May 5,2023. NOW,THEREFORE,pursuant to the power vested in me by AS 29.45.450,1,J.Suzanne Mission Road,Room 124,Kodiak,Alaska 99615,convey and quitclaim to the Kodiak IslandBorough,Alaska,whose address is:710 Mill Bay Road,Kodiak,Alaska 99615 the followingdescribedproperties:1.LOT TEN (10),BLOCK THREE (3),PORT LIONSALASKASUBDIVISION,according to Plat No.65 12,DEED BY CLERK OF COURT T0 KODIAK ISLAND BOROUGH -PAGE I OF 2InRe:Delinquent Taxes and Special AxszssnrenlsfartheYears202]and Prior Yeunr;Case No.JKO-22-42Clsucadiuklxlandl1omngh(20.2]S.l|)1'nx Fmee|mnru\FY2|)2l\PlmnlingA\Dv:edlvyClertrof tuna lo Km ||;|l|l.l|l||lll|l|:||l|lllnlllltllllllPage2of3303—2023-000664—0 %AGENDA ITEM #14.B.1.Resolution No. FY2024-06 Conveying Tax Foreclosed Property To The City O...Page 114 of 158 ‘-lATA COPYOF THEABOVEWAS:0 TO I located in the Kodiak Recording District,Third Judicial District,State of Alaska. 2 This property is also identi?ed as “PID 20281.” 3 2.LOT THREE (3),BLOCK FIVE (5),TRACT “A”, LARSEN BAY TOWNSITE,UNITED STATES SURVEY N0.4872,according to Plat No.69-3,located in the Kodiak Recording District,Third Judicial District,State of Alaska. This property is also identi?ed as “PID 20068." 3.LOT SIX “A”(6A)BLOCK THREE “A"(3A),according to Plat No.78-6 a vacation of Tract “F”and a subdivisionof a portion of Tract “E",OLD HARBOR TOWNSITE, 3 UNITED STATES SURVEY NO.4793,located in the Kodiak Recording District,Third Judicial District,State of Alaska. 10 This property is also identi?ed as “PID 19713.” n DATED this U44 023,at Kodiak,Alaska. 12 B By: ( Clerk Court 7.3-23 15 STATE OF ALASKA ) )ss: 16 THIRD JUDICIAL DISTRICT ) KEENE&CURRALL,PFCET,SUITE 302,KETCHIKAN,ALASKA 99901 17 THIS IS TO CERTIFY that on this I fkdayof 2023,before me, the undersigned,a Notary Public in and for the State of Alaska,du ommissionedand sworn, '8 personally appeared J.Suzanne Cowley to me known to be the Clerk of the Superior Court, known to be the person who executed the foregoing instrument who on oath stated that she was duly authorizedto execute said instrumenton behalf of the State of Alaska,SuperiorCourt,who voluntarily on behalf of the Ph:(907)225 -4131,Fax:(907)225 -054033WITNESSmyhaIthedayandyearinthecertificate first above written.-£7/cltfé?i WATER STRE.o.7.9 ta ublic for A as aommissionExpires:DEED DY LE OF OURT T DIAK ISLA D BOROUGH -PAGE 2 OF 2~In Re‘Delmquznl axe:and .9):ml ssessmenlsfarIhz Year:0 I and Prior Year:Ca No.3K0-22-42CII"31LLI EK DAK0rdTEDINDISTRIBUTIONARYken‘nm-uh(Jsnr ret\FV102II'|auli hy(MLIII n i!IlllllililllIll|‘l||ll|‘ll|lll|lI.|l|l|éIIlIll1l§l|l'%|l|lPage3ol3303—2023—000664—0 I cerury'm*3‘‘ true and c rr “.\\\\\\\\ ERK C S 'hékIlluld ll AGENDA ITEM #14.B.1.Resolution No. FY2024-06 Conveying Tax Foreclosed Property To The City O...Page 115 of 158 Sec. 29.45.430. ALASKA STATUTES Sec. 29.45.460. Page 164 Sec. 29.45.430. Possession during redemption period. Foreclosure does not affect the former owner's right to possession during the redemption period. If waste is committed by the former owner or by anyone acting under the permission or control of the former owner, the municipality may declare an immediate forfeiture of the right to possession. (§ 12 ch 74 SLA 1985) Sec. 29.45.440. Expiration. (a) At least 30 days before the expiration of the redemption period the clerk or the clerk's designee shall publish a redemption period expiration notice. The notice must contain the date of judgment, the date of expiration of the period of redemption, and a warning that all properties ordered sold under the judgment, unless redeemed, shall be deeded to the municipality immediately on expiration of the period of redemption and that every right or interest of a person in the properties will be forfeited forever to the municipality. The notice appears once a week for four consecutive weeks in a newspaper of general circulation distributed in the municipality. If there is no newspaper of general circulation distributed in the municipality, the notice is posted in three public places for at least four consecutive weeks. The clerk shall send a copy of the notice by certified mail to each record owner of property against which a judgment of foreclosure has been taken and, if the assessed value of the property is more than $10,000, to all holders of mortgages or other liens of record on the property. The notice shall be mailed within five days after the first publication. The mailing shall be sufficient if mailed to the property owner and to the holder of a mortgage or recorded lien at the last address of record. (b) The right of redemption expires 30 days after the date of the first notice publication. (c) Costs incurred in the determination of holders of mortgages and other liens of record and costs of notice publication incurred by a municipality under (a) of this section are a lien on the property and may be recovered by the municipality. (§ 12 ch 74 SLA 1985) Sec. 29.45.450. Deed to borough or city. (a) Unredeemed property in the area of the borough outside all cities is deeded to the borough by the clerk of the court. Unredeemed property in a city is deeded to the city subject to the payment by the city of unpaid borough taxes and costs of foreclosure levied against the property before foreclosure. The deed shall be recorded in the recording district in which the property is located. (b) Conveyance gives the municipality clear title, except for prior recorded tax liens of the United States and the state. (c) If unredeemed property lies in a city and if the city has no immediate public use for the property but the borough does have an immediate public use, the city shall deed the property to the borough. If unredeemed property lies in the borough outside all cities and if the borough does not have an immediate public use for the property but a city does have an immediate public use, the borough shall deed the property to the city. (d) A deed is not invalid for irregularities, omissions, or defects in the proceedings under this chapter unless the former owner has been misled so as to be injured. Two years after the date of the deed, its validity is conclusively presumed and a claim of the former owner or other person having an interest in the property is forever barred. (§ 12 ch 74 SLA 1985) Sec. 29.45.460. Disposition and sale of foreclosed property. (a) The municipality shall determine by ordinance whether foreclosed property deeded to the AGENDA ITEM #14.B.1. Resolution No. FY2024-06 Conveying Tax Foreclosed Property To The City O...Page 116 of 158 Page 1 of 2 CITY OF LARSEN BAY Location: Date: Time: B. C. D. E. F. 2. 3. 4. City Building September 1 5,2023 4:00p.m. Open to the Public A.Call Meeting to Order @ 4:02p.m. Attendance Roll Call:William Nelson;City Mayor,David Harmes;Vice-Mayor,Sherry Harmes. Secretary/Treasurer,Mike Carlson;member,Gayle Aga;member,Susan Malutin. Member;open seat Absent/Excused:None Approval of Agenda Sherry makes a motion to accept the agenda as presented.2nd by David.Question called.Unanimously passes. Approval of Minutes Mike makes a motion to accept the minutes from 07/12/23.2nd by Sherry.Question called.Unanimously passes. Guest comments and concerns 1.None Hearings,Ordinances,&Resolutions l.None G.Reports LBUC-Oral report by the mayor. Water-Need to stock up on supplies for the winter. Financial-Been working with Ilia and trying to get the billing done correctly and the LBUC separated from the water,sewer and garbage,so that the reports from quickbooks come out correctly for the budget.We need more training in the office for it. V.P.S.O-Will be taking his 2 weeks off soon. Maintenance-Had to bring a electric box to Kneen's place so they can get electric. Meeting Minutes Template 0 2014 Vertex42 LLC http://www.venex42.corn/WordTemplates/rneetjng-minutes.html AGENDA ITEM #14.B.1. Resolution No. FY2024-06 Conveying Tax Foreclosed Property To The City O...Page 117 of 158 5. 6. 7. Page 2 of 2 Mayor-There needs to be new lights put up at the boat harbor. Need to order supplies for everything for the winter. Need more workers for the water plant,boat harbor. Will hire workers for everything. Old Business: None New Business: 1. 2. 3. 4. Ordered more fuel for the fall. Elections:There are 2 seats open for a 3-year term. Foreclosed property-The location is within the city limits. It is LOT THREE (3),BLOCK FIVE (5),TRACT "A",LARSEN BAY TOWNSITE, UNITED STATES SURVEY NO.4872,according to Plat No.69-3,located in the Kodiak Recording District,Third Judicial District,State of Alaska. Sherry makes a motion to buy the property.2nd by Mike.Question called. Unanimously passes. Adjournment:Sherry moves to adjourn at 4:21 p.m. Meeting Minutes Template C)2014 Vettex42 LLC http://w.vw.vertex42.com/WordTempIates/rneeting-minuteshtrn! AGENDA ITEM #14.B.1. Resolution No. FY2024-06 Conveying Tax Foreclosed Property To The City O...Page 118 of 158 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT:Resolution No. FY2024-07 Conveying Tax Foreclosed Property To The City Of Port Lions As Provided In AS 29.45.450 ORIGINATOR:Dora Cross, Finance Director RECOMMENDATION: Move to adopt Resolution No. FY2024-07. DISCUSSION: On July 10, 2023 the Kodiak Island Borough received the Clerk's Deed for PID 20281, the property is located at 409 Bay View Drive, Port Lions, AK previously owned by Samuel L Larson. Pursuant to Alaska State Statute Sec. 29.45.450, unredeemed property in a city can be deeded to the city upon payment of Borough taxes and costs of foreclosure. The City of Port Lions has contacted the Kodiak Island Borough and provided the minutes from the City of Port Lions Regular Meeting on September 14, 2023 documenting the foreclosed property was voted to purchase for taxes due by the City of Port Lions in the amount of $3,334.03. ALTERNATIVES: FISCAL IMPACT: None OTHER INFORMATION: AGENDA ITEM #14.B.2. Resolution No. FY2024-07 Conveying Tax Foreclosed Property To The City O...Page 119 of 158 Resolution No. FY2024-07 Page 1 of 1 KODIAK ISLAND BOROUGH 1 RESOLUTION NO. FY2024-07 2 3 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH CONVEYING 4 TAX FORECLOSED PROPERTY TO THE CITY OF PORT LIONS AS PROVIDED IN AS 5 29.45.450. 6 7 WHEREAS, a certain land parcel within the City of Port Lions was foreclosed on for 8 delinquent real property taxes; and 9 10 WHEREAS, this certain land parcel was deeded to the Kodiak Island Borough by the 11 Superior Court of the State of Alaska by Clerks Deed No. 3KO-22-00042 CI dated July 12 10, 2023, and recorded in the Kodiak Recording District, Third Judicial District, State of 13 Alaska No. 2023-000664-0 on July 26, 2023; and 14 15 WHEREAS, this certain land parcel is described as LOT TEN (10), BLOCK THREE (3), 16 PORT LIONS ALASKA SUBDIVISION, according to Plat No. 65-12, located in the Kodiak 17 Recording District, Third Judicial District, State of Alaska. This property is also identified 18 as “PID 20281”; and 19 20 WHEREAS, AS 29.45.450 provides that an unredeemed tax foreclosed property lying 21 within a city is deeded to the city subject to payment by the city of the unpaid borough 22 taxes and costs of foreclosure levied against the property before foreclosure. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH that the above tax foreclosed parcel is deeded to the City of Port Lions upon 26 receipt of payment for the outstanding borough taxes and foreclosure costs of $3,334.03. 27 28 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 29 THIS DAY OF , 2023 30 31 KODIAK ISLAND BOROUGH 32 33 ATTEST: 34 ___________________________ 35 Scott Arndt, Mayor ______________________________ 36 Nova M. Javier, MMC, Borough Clerk 37 38 VOTES: 39 Ayes: 40 Noes: 41 AGENDA ITEM #14.B.2. Resolution No. FY2024-07 Conveying Tax Foreclosed Property To The City O...Page 120 of 158 Kodiak Island Borough Finance Department 710 Mill Bay Road  Kodiak, Alaska 99615 Phone (907) 486-9325  Fax (907) 486-9392 szimmerman@kodiakak.us August 15, 2023 City of Port Lions PO Box 110 Port Lions, AK 99550 Re: Borough Foreclosed Property within Port Lions City Limits Property Location: LOT TEN (10), BLOCK THREE (3), PORT LIONS ALSKA SUBDIVISION, according to Plat No. 65-12, located in the Kodiak Recording District, Third Judicial District, State of Alaska Case No. 3KO-22-00042 CI Kodiak Recording District 303 On July 10th, 2023, the Kodiak Island Borough received a Clerk’s Deed for the above referenced property. Pursuant to Alaska State Statute Sec 29.45.450, unredeemed property in a city can be deeded to the city upon payment of borough taxes and costs of foreclosure. As of today, 08/09/2023 the total amount of taxes and costs levied against the property is $3,334.03. Please contact our office by September 15, 2023, if you are interested in acquiring this property. Sincerely, Susan Zimmerman Finance Department Enclosure: copy of AS Sec 29.45.450 CC: Larson Samuel L (former owner of record) 840 E 76th AT, #114 Anchorage, AK 99518 AGENDA ITEM #14.B.2. Resolution No. FY2024-07 Conveying Tax Foreclosed Property To The City O...Page 121 of 158 Sec. 29.45.430. ALASKA STATUTES Sec. 29.45.460. Page 164 Sec. 29.45.430. Possession during redemption period. Foreclosure does not affect the former owner's right to possession during the redemption period. If waste is committed by the former owner or by anyone acting under the permission or control of the former owner, the municipality may declare an immediate forfeiture of the right to possession. (§ 12 ch 74 SLA 1985) Sec. 29.45.440. Expiration. (a) At least 30 days before the expiration of the redemption period the clerk or the clerk's designee shall publish a redemption period expiration notice. The notice must contain the date of judgment, the date of expiration of the period of redemption, and a warning that all properties ordered sold under the judgment, unless redeemed, shall be deeded to the municipality immediately on expiration of the period of redemption and that every right or interest of a person in the properties will be forfeited forever to the municipality. The notice appears once a week for four consecutive weeks in a newspaper of general circulation distributed in the municipality. If there is no newspaper of general circulation distributed in the municipality, the notice is posted in three public places for at least four consecutive weeks. The clerk shall send a copy of the notice by certified mail to each record owner of property against which a judgment of foreclosure has been taken and, if the assessed value of the property is more than $10,000, to all holders of mortgages or other liens of record on the property. The notice shall be mailed within five days after the first publication. The mailing shall be sufficient if mailed to the property owner and to the holder of a mortgage or recorded lien at the last address of record. (b) The right of redemption expires 30 days after the date of the first notice publication. (c) Costs incurred in the determination of holders of mortgages and other liens of record and costs of notice publication incurred by a municipality under (a) of this section are a lien on the property and may be recovered by the municipality. (§ 12 ch 74 SLA 1985) Sec. 29.45.450. Deed to borough or city. (a) Unredeemed property in the area of the borough outside all cities is deeded to the borough by the clerk of the court. Unredeemed property in a city is deeded to the city subject to the payment by the city of unpaid borough taxes and costs of foreclosure levied against the property before foreclosure. The deed shall be recorded in the recording district in which the property is located. (b) Conveyance gives the municipality clear title, except for prior recorded tax liens of the United States and the state. (c) If unredeemed property lies in a city and if the city has no immediate public use for the property but the borough does have an immediate public use, the city shall deed the property to the borough. If unredeemed property lies in the borough outside all cities and if the borough does not have an immediate public use for the property but a city does have an immediate public use, the borough shall deed the property to the city. (d) A deed is not invalid for irregularities, omissions, or defects in the proceedings under this chapter unless the former owner has been misled so as to be injured. Two years after the date of the deed, its validity is conclusively presumed and a claim of the former owner or other person having an interest in the property is forever barred. (§ 12 ch 74 SLA 1985) Sec. 29.45.460. Disposition and sale of foreclosed property. (a) The municipality shall determine by ordinance whether foreclosed property deeded to the AGENDA ITEM #14.B.2. Resolution No. FY2024-07 Conveying Tax Foreclosed Property To The City O...Page 122 of 158 \‘l|\‘\“n‘11\I‘|‘l*l|\I 1 A L A S K A 202 3 0 0 0 6 6 4 —0 BecomingDis trict 30 3 Kodia k07I26I2n2311 :22 APage1of3 IllIllI||||| llNIlllll lll|||| lIll|||| IllIIf|||||| ||||||||||l! l|||||||||| For recording in the Kodiak Recor ding Dist rictThirdJudicialDistrict,State of Ala ska After Recording Return to: KODIAKISLANDBOROUGH Attn:Revenue Accountant 710 Mill Bay Road Kodiak,AK99615 D O N O T DETA CH In Re:Delinqu ent Pro pert y TaxAccountsfortheYear2021 and Pri or Y ea rs intheKodiakIslandBorough 3K0- 22- 00042 Cl Thir d JDistrictatKodiak,Alaska C L E R K S DEE D C O V E R PAGE AGENDA ITEM #14.B.2.Resolution No. FY2024-07 Conveying Tax Foreclosed Property To The City O...Page 123 of 158 /‘W I‘HI!ll KEENE &CURRALL,PPCS4-0WATER STREET,SUITE 302,KETCHIKAN,ALASKA 99901Ph:(907)225 -4131,Fax:(907)225 —0540102225 Scott A.Brandt-Erichsen Alaska Bar No:8811175 KEENE &CURRALL,PPC 540 Water Street,Suite 302 Ketchikan,Alaska 99901 Phone:(907)225-4131 Fax:(907)225-0540 E-mail:courtdocs@keenecurrall.com Attorneys for Kodiak Island Borough IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KODIAK IN RE:DELINQUENTTAXES AND SPECIAL ASSESSMENTSFOR THE YEAR 2021 AND PRIOR YEARS, NO.3K0-22-42CI IN THE KODIAK ISLAND BOROUGH DEED BY CLERK OF COURT AND CITIES WITHIN THE KODIAK TO KODIAK ISLAND ISLAND BOROUGH,ALASKA.BOROUGH Whereas,a Finding of Facts,Conclusions of Law,Judgment and Decree was entered in the above-entitledmatter on April 26,2022;and, Whereas,the one-year period of redemptionprovided for by AS 29.45.400 expires thirty (30)days after the ?rst publication of a redemption period expiration notice;and, Whereas,such notice provided for by AS 29.45.440 was duly made in respect to the properties described below,which first publicationwas on May 5,2023. NOW,THEREFORE,pursuant to the power vested in me by AS 29.45.450,1,J.Suzanne Mission Road,Room 124,Kodiak,Alaska 99615,convey and quitclaim to the Kodiak IslandBorough,Alaska,whose address is:710 Mill Bay Road,Kodiak,Alaska 99615 the followingdescribedproperties:1.LOT TEN (10),BLOCK THREE (3),PORT LIONSALASKASUBDIVISION,according to Plat No.65 12,DEED BY CLERK OF COURT T0 KODIAK ISLAND BOROUGH -PAGE I OF 2InRe:Delinquent Taxes and Special AxszssnrenlsfartheYears202]and Prior Yeunr;Case No.JKO-22-42Clsucadiuklxlandl1omngh(20.2]S.l|)1'nx Fmee|mnru\FY2|)2l\PlmnlingA\Dv:edlvyClertrof tuna lo Km ||;|l|l.l|l||lll|l|:||l|lllnlllltllllllPage2of3303—2023-000664—0 %AGENDA ITEM #14.B.2.Resolution No. FY2024-07 Conveying Tax Foreclosed Property To The City O...Page 124 of 158 ‘-lATA COPYOF THEABOVEWAS:0 TO I located in the Kodiak Recording District,Third Judicial District,State of Alaska. 2 This property is also identi?ed as “PID 20281.” 3 2.LOT THREE (3),BLOCK FIVE (5),TRACT “A”, LARSEN BAY TOWNSITE,UNITED STATES SURVEY N0.4872,according to Plat No.69-3,located in the Kodiak Recording District,Third Judicial District,State of Alaska. This property is also identi?ed as “PID 20068." 3.LOT SIX “A”(6A)BLOCK THREE “A"(3A),according to Plat No.78-6 a vacation of Tract “F”and a subdivisionof a portion of Tract “E",OLD HARBOR TOWNSITE, 3 UNITED STATES SURVEY NO.4793,located in the Kodiak Recording District,Third Judicial District,State of Alaska. 10 This property is also identi?ed as “PID 19713.” n DATED this U44 023,at Kodiak,Alaska. 12 B By: ( Clerk Court 7.3-23 15 STATE OF ALASKA ) )ss: 16 THIRD JUDICIAL DISTRICT ) KEENE&CURRALL,PFCET,SUITE 302,KETCHIKAN,ALASKA 99901 17 THIS IS TO CERTIFY that on this I fkdayof 2023,before me, the undersigned,a Notary Public in and for the State of Alaska,du ommissionedand sworn, '8 personally appeared J.Suzanne Cowley to me known to be the Clerk of the Superior Court, known to be the person who executed the foregoing instrument who on oath stated that she was duly authorizedto execute said instrumenton behalf of the State of Alaska,SuperiorCourt,who voluntarily on behalf of the Ph:(907)225 -4131,Fax:(907)225 -054033WITNESSmyhaIthedayandyearinthecertificate first above written.-£7/cltfé?i WATER STRE.o.7.9 ta ublic for A as aommissionExpires:DEED DY LE OF OURT T DIAK ISLA D BOROUGH -PAGE 2 OF 2~In Re‘Delmquznl axe:and .9):ml ssessmenlsfarIhz Year:0 I and Prior Year:Ca No.3K0-22-42CII"31LLI EK DAK0rdTEDINDISTRIBUTIONARYken‘nm-uh(Jsnr ret\FV102II'|auli hy(MLIII n i!IlllllililllIll|‘l||ll|‘ll|lll|lI.|l|l|éIIlIll1l§l|l'%|l|lPage3ol3303—2023—000664—0 I cerury'm*3‘‘ true and c rr “.\\\\\\\\ ERK C S 'hékIlluld ll AGENDA ITEM #14.B.2.Resolution No. FY2024-07 Conveying Tax Foreclosed Property To The City O...Page 125 of 158 CITY OF PORT LIONS REGULAR MEETING MINUTES September 14"‘,2023 @ 6:00 PM Port Lions City Hall I.(TALL TO ORDER]PLEDGE OF ALLEGIANCE Mayor Kewan called the meeting to order at 6:03 PM,followed by the Pledge of Allegiance. ll.ROLL CALL/ESTABLISHMENT OF QUORUMI Roll call was taken.Present:Shoshanna Weaver Dorinda Kewan Brandon Bartleson Jess Eggemeyer ll Judith Clayton (Telephonically) Absent:Jonathon McElwain Ana’eho’omalu Benedicto (Malu) A Quorum was established Also Present:VPSO David McElwain,Jon Magdaleno,and Patrick Ottobre (PJ). Motion #1:Jess Eggemeyer ll made a motion to excuse Malu Benedicto and Jonathon McElwain. Brandon Bartleson Seconded.Motion Passed Unanimously w/5 Present III.ADOPTION OF AGENDA Motion #2:Jess Eggemeyer 11made a motion to adopt the agenda as presented.Shoshanna Weaver seconded.Motion Passed Unanimously w/5 Present IV.ADOPTION OF MINUTES A.Regular Meeting Minutes of July 13"‘,2023:Council reviewed the minutes.The meeting minutes were not approved by council due to a lack of a quorum of those Council members who were in attendance at the July 13,2023 City Council meeting. B.Regular Meeting Minutes of August 10"‘,2023:Council reviewed the minutes.Shoshanna Weaver made a motion to adopt the minutes as presented.Judith Clayton Seconded. Page 1 of 7 09/14/2023 Meeting Minutes AGENDA ITEM #14.B.2. Resolution No. FY2024-07 Conveying Tax Foreclosed Property To The City O...Page 126 of 158 Motion Passed w/4 affirmative votes and 1 abstaining (was not present at the August 10"‘,2023 meeting. V.REPORTS A.Administration: 1.Clerks Report:A written report was submitted,reviewed by council,and is on file in the office. Mayor Kewan explained how the Borough is doing ballots by mail voting for the rural communities.Mayor Kewan and the City Clerk will make postings explaining the by mail voting process for the borough election. 2.Grants:VPSO McElwain and Mayor Kewan will complete a new NRA application by the end of September. U3 Financial:A copy of the Edward Jones report was provided to council for review and is on file in the office.Mayor Kewan informed council the previously reported issues with Quickbooksare still not resolved.The City Bookkeeper,Accounting Solutions,continues to work to resolve the problems.The monthly Balance Sheet and P&L will be shared with Council as soon as the Quickbooksis fixed.Mayor Kewan may look into a different accounting software if these problems aren’t corrected soon.Mayor Kewan also informed council about a budget update regarding the VPSO’s office internet.The KANA VPSO is providing Starlink internet for the Public Safety office,and the City has cancelled the internet account with Fastwire for that facility. With these savings and a donation received last year for security and cameras,the City can afford to put Starlink and cameras at the Harbor. B.Library:A written report was submitted,reviewed by council,and is on file in the office.Mayor Kewan gave a brief verbal update.Claudia Otis,KANA employee,reached out to the city and JWML to bring the Cama’i Home Visit program to Port Lions at the Library on September 18"‘from 10am - 12pm. Page 2 of 7 09/14/2023Meeting Minutes AGENDA ITEM #14.B.2. Resolution No. FY2024-07 Conveying Tax Foreclosed Property To The City O...Page 127 of 158 C. Page 3 of7 Public Works: 1.Harbor:Mayor Kewan gave a verbal report to the rest of council.There are daily harbor checks done by the public works team.Mayor Kewan also mentioned that the water at the harbor will have to be turned off soon as winter and freezing temperatures approach. Streets &Roads:Mayor Kewan gave updates about the Public Works Department.Once the new NVPL ambulance is insured,we will convert the current ambulance truck into a secondary shop truck.“‘See more detailed updates under “Water/Sewer"regarding road work. an Water/Sewer:The Water Treatment Plant daily readings were submitted,reviewed by council, and are on file in the office.Nathan Olmstead,circuit rider for the National Rural Water Association,came to Port Lions to work with the public works crew doing leak detections.The public works crew are working on locating a water service line break and a sewer main leak on the north end of Main Street. VPSO/Public Safety:A written report was provided to council for review and is on file in the office. VPSO David McElwain gave a verbal update to the council.He informed council that he received qualifications to check hunting and fishing licenses and will be able to check visitor’s information during the hunting and fishing seasons.Audience member Patrick Ottobre (Pl)commented about mandatingresidency similarly to PFD’s (Permanent FundDividends)in order to be able to come in and hunt.Council member Brandon Bartleson replied that he would be interested to discuss that further at another time. 1)VFD Update:Trainings are heldon the second Saturday of each month.VPSO McElwain informed council of an upcoming events:ETT (Emergency Technician Training)course October 16'“-20"‘,semiannual regional VPSO training 23“‘—31*‘,fire prevention week October 8"‘-l4‘“,and red ribbon week is October 23"‘—31*‘.He also updated about water pump prices for the Grumman firetruck;the most affordable one was priced at $3,400. 09/14/2023Meeting Minutes AGENDA ITEM #14.B.2. Resolution No. FY2024-07 Conveying Tax Foreclosed Property To The City O...Page 128 of 158 2)Update on Firearms:VPSO McElwain gave a verbal update to council.Tim Brady,VPSO Program Coordinator,is in the process of writing SOP’s about insurance. E.CQE (Community QuotaEntity):No updates. F.Kodiak Fish &Game Advisory Board:Council member Brandon Bartleson gave a verbal report to council.Mr,Bartleson sent an email out to council to review regarding a couple proposals (not provided in the council packets)submitted federally for refuge plans in Kodiak dealing with bear and deer.He summarized the deer proposal and expressed concern about the proposed timeline for shooting deer.He will review the information and give a more detailed update at a later time.Council discussed writing a resolution declaring their non-support on the proposal. Motion #4:less Eggemeyer 11made a motion to accept the reports as presented.Shoshanna Weaver seconded.Motion Passed Unanimously w/5 Present VI.COMMUNICATIONS AND APPEARANCES VII.HEARINGSI ORDINANCESI RESOLUTIONSI RATIFICATIONS A.Resolution Number 2023-07,Support for open seat on Alaska Board of Game:Mayor Kcwan contacted the State and requested them to review the resolution and explained to the rest of council that the process is complicated and the resolution is weak and needs more work. VIII.BIDS:No Bids. IX.OLD BUSINESS A.Telecommunications (Standing Agenda Item-S.A.I),TelAlaska Project Update l)Request For Non-Objection for Utility Easements:Per Council directive at the August meeting, a list of questionswere sent out to Fastwyre and GCI regarding their plans on brush disposal, ditching,time frame,and speed and contention ratios with no response.A community meeting with both providers and stakeholders like the NVPL will be set up. Page 4 of 7 09/14/2023Meeting Minutes AGENDA ITEM #14.B.2. Resolution No. FY2024-07 Conveying Tax Foreclosed Property To The City O...Page 129 of 158 2)KEA Letter:Council was provided a letter from KEA’s CEO/President,Darron Scott.KEA is withdrawing their participation in the Fastwyre fiber optic project to Port Lions as it is no longer economically viable for KEA to participate. 3)GCI Community Outreach Meeting:Council was provided email correspondence regarding the lease agreeinenqgbetweenthe City of Port Lions and GCI for review.Mayor Kewanirtljwaedthe rest of council that GCI will be doing community updates through virtualmeetings.There will be more informationafter seeing the whole presentation at the at the September 20-22“KARRL Forum. B.Kodiak Archipelago Rural Regional Leadership Forum:September 20"‘—22nd C.Airport Expansion Project (S.A.I):Council was provided email correspondence from Connor Brown,Environmental Impact Specialist,detailing a project update for the airport expansion project. The current Airport Improvements Program spending plan projects advertising for construction in the 2027 federal fiscal year.Monthly project updates will fall on the second Tuesday ofeach month. D.2023 COPL Municipal Election,Appointment of Election Officials:Council was provided with a list of names of potential election judges for review (Charlea Kewan/Chair,Dana Patterson,George Weaver,Janice Weaver,and Marilyn Nelson). Motion #5:less Eggemeyerllmade a motion to appoint Charlea Kewan,Dana Patterson.George Weaver,Janice Weaver,and Marilyn Nelson as election officials.Shoshanna Weaver seconded. Motion Passed Unanimously w/5 Present Motion #6:Shoshanna Weaver made a motion to appoint Charlea Kewan as the election official chair. Jess Eggemeyer ll seconded.Motion Passed Unanimously w/5 Present X.NEW BUSINESS A.Property Sales,Review of Title 7:Council was provided a copy ofTitle 7:Disposal and Acquisition of Real Property for review.After briefdiscu-ssion,council agreed that a work session would be the Page 5 of 7 09/14/2023Meeting Minutes AGENDA ITEM #14.B.2. Resolution No. FY2024-07 Conveying Tax Foreclosed Property To The City O...Page 130 of 158 best way to create a detailed plan of action on how to proceed with improving or not improving the City’s lots/properties. B.Community Planning Survey:Council was provided a community survey drafted by Council Member Shoshanna Weaver for review.Council will review the survey and email back their input. Council was provided email correspondence between the City of Port Lions and the Kodiak Island Borough for review.Council discussed where the money to pay the back taxes would come from and if it would be a purchase that would pay for itself. Motion #7:Shoshanna Weaver made a motion pay the back taxes on PL Block 3 Lot 10 and acquire the provisional deed.Brandon Bartleson seconded.Motion Passed Unanimously w/5 Present D.MOA Between COPL and NVPL-Community Recreation Program:Council was provideda copy of the MOA for review.Mayor Kewan shared the MOA allows the Tribe to “volunteer"an employee to serve the gym coordinator under the Joint Facility Use Agreement with the KIBSD. Motion #8:Jess Eggemeyer 11made a motion to accept the MOA for the gym program.Brandon Bartleson seconded.Motion Passed Unanimously w/5 Present XI.COMMENTS A.Audience Participation:No comment. B.Council Participation:Judith Clayton-is there a timeline regarding the community survey and when it will be sent out?Dorinda Kewan-No timeline because of my busy schedule and Sho‘s busy schedule.Brandon Bartleson-No comments,just PJ and Johnny,make sure I get an email and phone number before I leave tonight to get that proposal sent out. XII.Calendars A.Dorinda Kewan-Out most of next week for September 20-22“KARRLF B.September 23"‘Hall Breakfast Fundraiser Page 6 of 7 09/14/2023Meeting Minutes AGENDA ITEM #14.B.2. Resolution No. FY2024-07 Conveying Tax Foreclosed Property To The City O...Page 131 of 158 C.September 26"‘Port Lions School Open House 6:00 PM D.October 8"‘—l4‘“Fire Prevention Week E.October 23"“—3I“is Red Ribbon Week F.VPSO Out Week of October 23"‘ G.Emergency Technician Training October i6'h—20"‘ XIII.ADJOURNMENT-As there was no further business before Council,the Mayor adjourned the meeting at 7:56 PM. Adopted this 12"‘day of October,2023 Dnmwéa?/aww Dorinda Kewan,Mayor Attest:Raissa sk sky,City Clerk Page 7 of 7 09/14/2023Meeting Minutes AGENDA ITEM #14.B.2. Resolution No. FY2024-07 Conveying Tax Foreclosed Property To The City O...Page 132 of 158 AGENDA ITEM #14.B.2. Resolution No. FY2024-07 Conveying Tax Foreclosed Property To The City O...Page 133 of 158 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT:Resolution No. FY2024-11 Adopting A State Legislative Capital Improvement Project Priority List For the 2024 Legislative Session ORIGINATOR:Meagan Christiansen, Grant Writer/Special Projects Support RECOMMENDATION: Move to adopt Resolution No. FY2024-11. DISCUSSION: This Assembly annually passes a resolution identifying capital projects deemed as priorities to submit to the Alaska Governor and State Legislative delegation for consideration of funding opportunities at the State level. Staff have produced a suggested list for your consideration. ALTERNATIVES: Amend the resolution. Fail to approve the resolution. FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.B.3. Resolution No. FY2024-11 Adopting A State Legislative Capital Improvemen...Page 134 of 158 Resolution No. FY2024-11 Page 1 of 6 KODIAK ISLAND BOROUGH 1 RESOLUTION NO. FY2024-11 2 3 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A 4 STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2024 5 LEGISLATIVE SESSION 6 7 WHEREAS, the Kodiak Island Borough represents approximately 13,000 residents of the 8 Kodiak Island Archipelago living in six incorporated cities and one community governed by a tribal 9 council government; and 10 11 WHEREAS, a Borough–wide capital improvement program has been adopted by the Kodiak 12 Island Borough Planning & Zoning Commission which identifies major needs of the island 13 community for the next five years; and 14 15 WHEREAS, the Kodiak Island Borough Assembly has reviewed the borough-wide capital 16 improvement program adopted by the Planning & Zoning Commission and identified major 17 projects to submit to the Alaska Governor and State Legislative Delegation for funding 18 consideration. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 21 BOROUGH that: 22 23 Section 1: The Kodiak Island Borough’s State Legislative capital improvement project 24 priorities (unranked) for the 2023 legislative session are as follows: 25 26 • Hospital Facility Sterilizer and Boiler Replacement 27 Estimated Project Cost $1,000,000 28 Needed Funds $1,000,000 29 30 The Kodiak Island Borough owned hospital facility boilers and associated system components 31 are aging along with the facility. The system components that have been identified for major repair 32 or replacement include the oil-fired boilers, chiller unit, reverse osmosis water system, steam 33 generation equipment and sterilization equipment are all in consideration. The oil-fired boilers 34 provide the major hydronic heating component for several associated systems at the hospital 35 facility. They include the production of facility heat, hot water and the hot water component for 36 conversion to steam via a steam generator that is distributed to the sterilizers required for the 37 hospital operations. The sterilizer equipment has been maintained at an operational level. Due to 38 the age of the existing equipment, increased frequent failures associated with the steam generator 39 and sterilization equipment has affected the operational capacity of the hospital to the point where 40 operating room availability is managed at times with the functional capacity of the facility to ensure 41 properly sterilized equipment. All of the system components need to be evaluated for replacement 42 AGENDA ITEM #14.B.3. Resolution No. FY2024-11 Adopting A State Legislative Capital Improvemen...Page 135 of 158 Resolution No. FY2024-11 Page 2 of 6 timeframes as and of the individual component failures may lead to services being suspended at 43 the hospital facility. 44 45 • Kodiak Community Health Center Expansion 46 Estimated Total Project Cost $25,850,000 47 Funding acquired $8,317,901 48 49 Estimated Design Cost $1,200,000 50 Needed Funds $1,200,000 51 52 The Kodiak Community Health Center (KCHC) is currently housed within the Kodiak Island 53 Borough owned hospital facility and co-located with Providence Kodiak Island Medical Center. 54 KCHC is in need of increasing their clinic space and is planning an expansion project. Due to 55 various changes in the community in the past five years, patient and provider counts have 56 increased and pushed this organization to the maximum of their space limitations. Additionally, 57 an increase in patient population is expected to coincide with a local US Coast Guard base 58 increase in employees and their families in the next few years. 59 60 With appropriate funding KCHC proposes to expand and improve the clinic space and continue 61 to provide needed services in the Kodiak community. KCHC has acquired funding in the amount 62 of $8.3 million toward this project, however design activities are not eligible within this funding. 63 KCHC is seeking design funds in order to move forward with the project and will continue to fund 64 raise for the balance needed. 65 66 • Bells Flats Commercial Truck Route Road Improvements 67 Estimated Project Cost $10,475,000 68 Funding Acquired 47,150 69 Needed Funds 10,427,850 70 71 This project will improve an existing circuit of roads in the Womens Bay area of the Kodiak Road 72 System. The roads included in this project are traveled by commercial trucks transporting product 73 from a gravel extraction site on Middle Bay Drive which produces the bulk of the gravel materials 74 for concrete and asphalt production in the Kodiak community. It is estimated that this site can 75 continue to produce a significant supply of gravel until at least the year 2040. These roads also 76 support approximately 350 residents and other small business operations. A traffic pattern utilizing 77 this loop of roads has been established to minimize collision potential. Empty gravel hauling 78 trucks enter the gravel extraction site at one location and exit at a separate location, allowing the 79 trucks to travel one-way along the circuitous path. 80 81 This project will preserve improve road surfaces by reconstructing approximately three (3) miles 82 of roadway including Sargent Creek Road, Salmonberry Drive, Middle Bay Drive, and Bells Flats 83 Road in the Bells Flats Subdivision approximately eight miles south of the City of Kodiak. These 84 routes all link together and are the main loop through the Women's Bay Area. Reconstruction of 85 AGENDA ITEM #14.B.3. Resolution No. FY2024-11 Adopting A State Legislative Capital Improvemen...Page 136 of 158 Resolution No. FY2024-11 Page 3 of 6 the Sargent Creek Road will begin at Rezanof Drive and extends to the intersection of Bells Flat 86 Rd. continuing from the intersection of Salmonberry Drive to the end of Middle Bay Drive 87 (approximately 2 miles of paved road surface). The intersection of Bells Flat Road and Sargent 88 Creed Rd, including all of Salmonberry Drive, back to the intersection Bells Flat Rd to Middle Bay 89 Dr will also be reconstructed (approximately 1 mile of gravel/RAP road surface). Existing 90 pavement will be milled and repaved, RAP surface areas will be paved, and subsurface 91 improvements to be completed on portions of the project as well as 8 culvert replacements. 92 Sargent Creek road, included in this project, is the single road for entry into and exit from the 93 subdivision, thus connecting all residents of the subdivision with goods and services such as 94 medical, educational, travel (airport and Alaska Marine Highway), grocery, home goods, repair, 95 etc. in the greater Kodiak city area. 96 97 • Pedestrian Pathways to North Star Elementary School 98 Estimated Project Cost $2,000,000 99 Needed Funds $2,000,000 100 101 This project will provide safe pedestrian access to an elementary school located atop a hill and 102 surrounded by residential neighborhoods without sidewalks along the narrow unpaved roads. It 103 also connects to a pedestrian/bike path along an arterial road that is popular among residents 104 and visitors for commuting and recreational use, and a recreational trail that follows a nearby 105 creek. 106 107 A separated five-foot-wide pedestrian gravel pathway will be constructed along two residential 108 roads leading to an elementary school. A separated pedestrian pathway addresses the risk for 109 vehicle-pedestrian interactions, particularly when roads are snow and/or ice laden, by 110 constructing a gravel pathway outside of the roadway. The dangerous walking conditions during 111 winter have necessitated a hazardous bus route for students living within one mile of the school, 112 provided by the Kodiak Island Borough School District. 113 114 • Chiniak School Well and Water Treatment System 115 Estimated Project Cost $600,000 116 Local Funds $75,000 117 Needed Funds $525,000 118 119 Water at the Chiniak school is supplied by a local well that produces a sufficient quantity but low 120 quality of water to the school. Because the water is non-potable it requires treatment prior to 121 consumption by students, staff, and visitors to the small community school. A previous chlorine 122 treatment system was removed many years ago due to age and difficulty of maintenance during 123 a several year school closure. Since the school re-opened different water sources have been 124 explored but found to be unusable. The best option is to re-establish a water treatment system 125 associated with the existing well for water supply. 126 127 128 AGENDA ITEM #14.B.3. Resolution No. FY2024-11 Adopting A State Legislative Capital Improvemen...Page 137 of 158 Resolution No. FY2024-11 Page 4 of 6 • North Star Elementary School Roof and Skylight Replacement 129 Estimated Project Cost $2,500,000 130 Local Funds $718,000 131 Needed Funds $1,782,000 132 133 The system of skylights within the North Star Elementary School roof provide daylight to the 134 school’s library, common area and cafeteria. The skylight system has been leaking and 135 permeating the roof membrane, requiring replacement of both. This project provides for 136 replacement of the skylight with a new skylight system, along with a comprehensive replacement 137 of the low slope roofing membrane and associated assembly. 138 139 • City of Larsen Bay Reservoir Spill Way 140 Estimated Project Cost $1,200,000 141 Needed Funds $1,200,000 142 143 The water reservoir spill way in the community of Larsen Bay is eroding and is nearing failure. 144 This reservoir provides drinking water and hydroelectric power to the residents in the second-145 class city on Kodiak Island’s west side. 146 147 • City of Ouzinkie Electrical Distribution System Replacement 148 Estimated Project Cost $2,500,000 149 Needed Funds $2,500,000 150 151 The electrical distribution system in the second-class city of Ouzinkie which is in the Kodiak Island 152 Borough is in need of replacement. The electrical transformers in this community’s electrical 153 distribution system have rusted due to exposure to the island’s saltwater atmosphere, allowing 154 water into transformers which causes extreme loads, short circuits and the potential for explosion. 155 Further, the distribution cable is now beyond it’s expected life and there are no alternatives for 156 providing power to many of the community residents should a failure occur. 157 158 • City of Port Lions Fire Station Insulation 159 Estimated Project Cost $35,000 160 Needed Funds $35,000 161 162 The fire station in the second-class City of Port Lions is not insulated which necessitates that the 163 fire truck be left empty of water during the winter months when temperatures drop below freezing 164 and limits the time and ability to respond to a fire related emergency. The City of Port Lions 165 requests funds for the purchase and installation of building insulation materials. 166 167 • Service Area Road Improvements and Paving 168 Estimated Project Cost $10,000,000 169 Local Funds $1,000,000 170 Needed Funds $9,000,000 171 AGENDA ITEM #14.B.3. Resolution No. FY2024-11 Adopting A State Legislative Capital Improvemen...Page 138 of 158 Resolution No. FY2024-11 Page 5 of 6 172 This project addresses the on-going need to improve portions of the roads in the Kodiak Island 173 Borough’s Road service areas: Service Area No. 1, Womens Bay Service Area, Bay View Road 174 Service Area, and Monashka Bay Road Service Area. These roads connect residential 175 neighborhoods with the greater Kodiak community. 176 177 Paving projects will address main thoroughfares or busy neighborhood roads. Improvements to 178 major drainage courses, installation of guard rails, and other identified road improvement needs 179 may also be addressed with this funding. 180 181 Priorities for expenditure of these funds are determined by the road service area boards. Local 182 contributions to road improvements may be funded through local improvement districts where 183 those in the district are taxed a proportion of the project cost. 184 185 • Mill Bay Beach Access and Recreation Upgrade 186 Estimated Project Cost $500,000 187 Needed Funds $500,000 188 189 Mill Bay Beach is a recreational area heavily used by residents, sport fishermen and community 190 groups who come to access this beach site located close to town. Time, tide, and use have eroded 191 safe access to the two stretches of beach at this site. This project includes new stairs, walkways 192 and trail enhancements between the two beaches, as well as a small raft/kayak launch. 193 194 • Anton Larsen Bay Road Extension to Ice Free Water 195 Estimated Project Cost $10,450,000 196 Funding Acquired $450,000 197 Needed Funds $10,000,000 198 199 An extension of the Anton Larsen Bay Road will be a public road of approximately 2.2 miles to ice 200 free waters just outside Anton Larsen Bay. The project will include a boat launching ramp. The 201 road will provide year around road access to Kodiak for residents of Port Lions, Ouzinkie and 202 much of the west side of Kodiak Island and all of Afognak Island without having to travel around 203 Spruce Cape. 204 205 Year-round travel by vessel to Kodiak around Spruce Cape is treacherous. Extending the Anton 206 Larsen Bay Road makes winter traveling safer and provides access to critical services located in 207 the City of Kodiak – including hospitals and businesses. The road extension will support existing 208 commercial operations in Marmot Bay such as Kodiak Electrical Association hydro-electric plant, 209 Koniag Inc. rock quarry, and Kodiak Regional Aquaculture Association’s Kitoi hatchery. Moreover, 210 an extended road will enhance summer and winter recreational opportunities and activities for all 211 Kodiak residents. 212 213 AGENDA ITEM #14.B.3. Resolution No. FY2024-11 Adopting A State Legislative Capital Improvemen...Page 139 of 158 Resolution No. FY2024-11 Page 6 of 6 The Anton Larsen Bay Road extension is envisioned as a project undertaken by the Native Village 214 of Ouzinkie or the Spruce Island Develop Corporation. It will be built on a road right-of-way 215 donated by the Ouzinkie Native Corporation and Koniag, Inc. The road extension is also in the 216 road inventory of the Sun’aq Tribe of Kodiak. Maintenance of the extension is expected to be by 217 one or both tribal entities. The route is identified in the Kodiak Transportation Plan as in important 218 upland facility. Routing is complete and most of the design work is finished. An environmental 219 assessment was completed in 2020. It is requested that this project be included in State of 220 Alaska’s State Transportation Improvement Program (STIP). Funding will be from State and/or 221 Federal funds with Ouzinkie Native Corporation and Tribe providing the right-of-way and in-kind 222 services. 223 224 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our State 225 of Alaska Governor and Legislative Delegation of the Capital Improvement Projects Priority List 226 adopted by the Kodiak Island Borough Assembly. 227 228 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 229 THIS DAY OF , 2023 230 231 KODIAK ISLAND BOROUGH 232 233 ATTEST: 234 ___________________________ 235 Scott Arndt, Borough Mayor ______________________________ 236 Nova M. Javier, MMC, Borough Clerk 237 238 VOTES: 239 Ayes: 240 Noes: 241 242 243 244 AGENDA ITEM #14.B.3. Resolution No. FY2024-11 Adopting A State Legislative Capital Improvemen...Page 140 of 158 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT:Resolution No. FY2024-12 Establishing A Solid Waste Contract Committee ORIGINATOR:Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to adopt Resolution No. FY2024-12 DISCUSSION: of December in Subcommittee Contract Waste a 2020, created Assembly The Solid comprised of Assembly members Arndt, Williams, and Smith. Four meetings were held by the subcommittee from December 2020 to January 2021. Since the subcommittee was Adhoc in nature and it has accomplished its tasking, it was officially disbanded on January 21, 2021. There is a need to establish a standing Solid Waste Contract Committee. The Assembly will be reviewing the DRAFT resolution at its work session on October 26. There is a possibility that the DRAFT resolution attached to this packet will be updated and revised. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.B.4. Resolution No. FY2024-12 Establishing A Solid Waste Contract Committee Page 141 of 158 Resolution No. FY2024-12 Page 1 of 2 KODIAK ISLAND BOROUGH 1 RESOLUTION NO. FY2024-12 2 3 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ESTABLISHING 4 A SOLID WASTE CONTRACT COMMITTEE 5 6 WHEREAS, the Solid Waste Contract Committee (SWCC) is established for the purpose of 7 evaluating, developing, and clarifying inconsistencies and ambiguities needed for the proper 8 administration of the Solid Waste contract; and 9 10 WHEREAS, recommendations by the SWCC will be documented and shall advise the Borough 11 Assembly on the development, revisions, and implementation of the solid waste contract. 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 14 BOROUGH that a Solid Waste Contract Committee is established as follows: 15 16 Section 1: Purpose. Act in an advisory capacity to the Borough Assembly. 17 18 Section 2: Membership/Quorum. The Solid Waste Contract Committee shall consist of three 19 assembly members appointed by the Mayor. Initial appointees are Assembly 20 members (One), (Two), and (Three). Subsequent appointees will be made during 21 annual appointments of assembly members to different committees, committees, 22 and commissions. The Borough Manager and the Engineering and Facilities Director 23 serve as ex-officio members of the Committee. 24 25 Section 3: Powers/Duties. The committee shall serve in an advisory capacity to the Assembly 26 with regards to the development, revisions, and implementation of the solid waste 27 contract. The committee shall not have direct power to affect policy determinations, 28 but it shall make recommendations to the Assembly affecting matters related to the 29 solid waste contract. 30 31 Section 4: Structure. The committee shall elect a chairperson at its first meeting annually. 32 33 Section 5: Agenda Setting/Meeting Materials. The Chairperson shall set the agenda with the 34 Manager and E&F Director. No business may be transacted or considered that is 35 not on the agenda. The committee shall adhere to the Alaska Open Meetings Act 36 and follow the general practices of the Borough regarding public meetings including 37 but not limited to parliamentary procedures, posting meeting notices, and technology 38 use. 39 40 Section 6: Meetings Frequency: The committee shall meet as needed. Agenda packets and 41 minutes shall be kept per the Borough’s records retention schedule. 42 43 Section 7: Administrative Assistance. The Borough manager or her designee shall: 44 AGENDA ITEM #14.B.4. Resolution No. FY2024-12 Establishing A Solid Waste Contract Committee Page 142 of 158 Resolution No. FY2024-12 Page 2 of 2 1. Furnish the committee with copies of all requested documents and other 45 information necessary or reasonably related to the performance of committee 46 functions. 47 2. Provide the committee with such supplies, meeting space, and administrative 48 assistance. 49 3. Transmit all recommendations and other communications from the committee to 50 the Assembly. 51 52 Section 8: Duration. The committee shall remain active until this resolution is rescinded by the 53 Assembly. 54 55 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 56 THIS ________ DAY OF NOVEMBER, 2023 57 58 KODIAK ISLAND BOROUGH 59 60 ATTEST: 61 ___________________________ 62 Scott Arndt, Mayor ______________________________ 63 Nova M. Javier, MMC, Borough Clerk 64 65 VOTES: 66 Ayes: 67 Absent: 68 AGENDA ITEM #14.B.4. Resolution No. FY2024-12 Establishing A Solid Waste Contract Committee Page 143 of 158 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT:Ordinance No. FY2024-08 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Kodiak Island Borough Title 15 Buildings And Construction, Chapter 40 Building And Lot Numbering, Section 15.40.080 Procedure For Addressing Newly Created Lots ORIGINATOR:Seema Garoutte, Assessor RECOMMENDATION: Move to advance Ordinance No. FY2024-08 to public hearing at the next regular meetings of the Assembly. DISCUSSION: When the GIS department moved from CDD to IT, interpretation of who could and could not request and Assessing both that shows practice issue. an became address an Past Community Development could request an address change, but the code is not clear, as it states in some cases who can. Interpretation would lead one to believe that if you state who can ask for an address, that any others would not be able to. The Community Development director is the platting Authority for KIB, and Assessing staff creates new parcels in our software system. Assessing staff then passes on to the GIS analyst to draw into GIS. Assessing also inputs the addresses into the software, which is where GIS pulls the data from. If Assessing does not have a situs address, then properties are input in the system as No House Number (NHN) and sometimes a street name or sometimes just the town name. (such as Akhiok or Larsen Bay). Senior exemptions are tied to addresses. Assessing needs updated information from GIS to be able to track and assign correct information, but at this time, cannot ask GIS to create an address. Assessing is asking that the code be updated to include both Assessing and Community Development departments to be able to request addressing from GIS/IT staff, as it is reasonable for both departments to need this information. This is also part of the cleanup activities that Assessing is trying to accomplish in the current software before we transfer information over. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.C.1. Ordinance No. FY2024-08 An Ordinance Of The Assembly Of The Kodiak Islan...Page 144 of 158 Ordinance No. FY2024-08 Page 1 of 2 KODIAK ISLAND BOROUGH 1 ORDINANCE NO. FY2024-08 2 3 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 4 KODIAK ISLAND BOROUGH TITLE 15 BUILDINGS AND CONSTRUCTION, CHAPTER 40 5 BUILDING AND LOT NUMBERING, SECTION 15.40.080 PROCEDURE FOR ADDRESSING 6 NEWLY CREATED LOTS 7 8 WHEREAS, Kodiak Island Borough Code section 15.40.080 prescribes the procedure for 9 assigning addresses to lots; and 10 11 WHEREAS, the current Kodiak Island Borough procedure for assigning addresses calls for 12 assigning addresses at the preliminary plat stage, which may result in assignment of addresses 13 to lots which may be further subdivided or not developed for some time and may create confusion 14 if addresses change upon further subdivision or development; and 15 16 WHEREAS, this Ordinance will amend KIBC 15.40.080 to modify the procedure to have 17 addresses assigned upon the earlier of site development or construction on a lot or the request 18 of the owner. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 21 BOROUGH that: 22 23 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 24 Code of Ordinances of the Kodiak Island Borough. 25 26 Section 2: Kodiak Island Borough Code section 15.40.080, Procedure, is amended to read as 27 follows: 28 29 15.40.080 Procedure 30 31 A. Kodiak Island Borough GIS is responsible for assigning addresses and 32 maintaining address information. 33 B. Addresses will be implemented within 30 days upon receipt of an E911 34 address application, along with any other required or relevant information. 35 C. E911 address application shall be made available on the borough website 36 and/or in borough offices. 37 D. Addresses for newly created lots will be assigned at the earliest to occur of: 38 issuance of a driveway permit; issuance of a building permit, or other permit 39 for construction on the lot; initiation of construction of structures on the lot; or 40 upon a request by the owner, the Assessing Department or the Community 41 Development Department. 42 E. Address notifications will be sent to relevant parties, including, but not limited 43 to: 44 1. Kodiak police public safety answering point (PSAP). 45 2. U.S.P.S. 46 AGENDA ITEM #14.C.1. Ordinance No. FY2024-08 An Ordinance Of The Assembly Of The Kodiak Islan...Page 145 of 158 Ordinance No. FY2024-08 Page 2 of 2 3. Assessing department. 47 4. Community development department. 48 5. City of Kodiak. 49 6. Fire departments. 50 7. Communication companies. 51 8. Kodiak police department. 52 9. Emergency operations center (EOC). 53 10. Property owner 54 55 Effective Date: This ordinance takes effect at midnight upon adoption. 56 57 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 58 THIS ______ DAY OF _______, 2024 59 60 KODIAK ISLAND BOROUGH 61 62 ATTEST: 63 ___________________________ 64 Scott Arndt, Mayor ______________________________ 65 Nova M. Javier, MMC, Borough Clerk 66 67 Introduced by: Borough Manager 68 First reading: 69 Second reading/public hearing: 70 71 VOTES: 72 Ayes: 73 Noes: 74 AGENDA ITEM #14.C.1. Ordinance No. FY2024-08 An Ordinance Of The Assembly Of The Kodiak Islan...Page 146 of 158 15.40.010 15.40.020 15.40.030 15.40.040 15.40.050 15.40.055 15.40.060 15.40.070 15.40.080 Chapter 15.40 BUILDING AND LOT NUMBERING Sections: Compliance required. Baselines. Streets classified by points of the compass. Progression of numbers. Location of odd and even numbers. Numbering. Duties of the manager. Compliance with regulations of borough – Size of numbers – Duty to erect. Procedure. 15.40.010 Compliance required. The numbering of all buildings and lots fronting public streets within and around Kodiak Island Borough and all incorporated municipalities shall conform to the system of rules set forth in this chapter. [Ord. FY2016-20 §3, 2016; Ord. 84-27-O §1, 1984. Formerly §15.32.010]. 15.40.020 Baselines. Numbering buildings and lots on all public streets shall begin at the baselines established for the geographic areas defined in this section. Map image provided for reference at the end of this section. A. Road System Baseline. The baseline for numbering all public or private streets that are generally oriented northeast and southwest shall be based on a line (trending southeast to northwest) that parallels Center Avenue or the alignment of Center Avenue extended from its intersection with East Rezanof Drive and West Rezanof Drive. This line serves as the baseline for Kodiak Urban Area, Womens Bay (Bells Flats) and the Kodiak Island Road System. B. Kodiak Urban Area Baseline. The baseline for numbering all public or private streets that are generally oriented northwest and southeast shall be based on a line (trending southwest to northeast) that parallels West Rezanof Drive (from Deadman’s Curve to Center Avenue), Lower Mill Bay Road, and Mill Bay Road (extending to the intersection of Mill Bay Road and East Rezanof Drive), then running through the intersection of Mill Bay Road and East Rezanof Drive and along Woodland Drive to its terminus. Ch. 15.40 Building and Lot Numbering | Kodiak Island Borough Code Page 1 of 6 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. FY2024-08 An Ordinance Of The Assembly Of The Kodiak Islan...Page 147 of 158 C. Womens Bay Baseline. The baseline for numbering all public or private streets that are generally oriented northwest and southeast shall be based on a line (trending southwest to northeast) that parallels Womens Bay Drive, Lake Orbin Drive, running through the center of the intersection of Salmonberry Creek Road, Lake Orbin Drive and Bells Flats Road to the west of that intersection. D. Remote Municipality Baselines. 1. Identify two lines that will represent the baseline for numbering all public streets. [Ord. FY2016-20 §3, 2016; Ord. 84-27-O §1, 1984. Formerly §15.32.020]. 15.40.030 Streets classified by points of the compass. A. All public streets running generally northwest and southeast and lying northwest of the baseline shall be designated by the prefix “North,” and all public streets running generally northwest and southeast and being southeast of the baseline shall be designated by the prefix “South.” B. All public streets running generally northeast and southwest and lying northeast of the baseline shall be designated by the prefix “East,” and all public streets running generally northeast and southwest and being southwest of the baseline shall be designated by the prefix “West.” [Ord. FY2016-20 §3, 2016; Ord. 84-27-O §1, 1984. Formerly §15.32.030]. Ch. 15.40 Building and Lot Numbering | Kodiak Island Borough Code Page 2 of 6 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. FY2024-08 An Ordinance Of The Assembly Of The Kodiak Islan...Page 148 of 158 15.40.040 Progression of numbers. A. General Guidelines. 1. From the baseline, the first number of all streets shall be 100. Numbers shall progress at the rate of 1,000 numbers of each 5,280 feet from the baseline. 2. Where streets change general direction, numbering shall progress at the rate of 1,000 numbers per 5,280 feet of centerline length. 3. Where street numbers already exist, new numbers will generally be assigned based on the difference between two existing numbers and the distance between them. [Ord. FY2016-20 §3, 2016; Ord. 84-27-O §1, 1984. Formerly §15.32.040]. 15.40.050 Location of odd and even numbers. A. Odd numbers shall be assigned to the left side of each public street, proceeding away from the baseline. B. Even numbers shall be assigned to the right side of each public street, proceeding away from the baseline. [Ord. FY2016-20 §3, 2016; Ord. 84-27-O §1, 1984. Formerly §15.32.050]. 15.40.055 Numbering. A. The number assigned to each structure shall be that of the numbered interval falling closest to the front door or the driveway of said structure if the front door cannot be seen from the main road. B. Every structure with more than one principal use or occupancy shall have a separate number for each use or occupancy, i.e., duplexes will have two separate numbers; apartments will have one road number with an apartment number, such as 235 Maple Road, Apt. 2. C. When a road can be accessed by two different adjoining roads, numbering should begin at that entrance which emergency responders are most likely to enter. Numbers will then ascend as responders search for a location. D. The general logical order of address elements should follow Postal Service conventions: road number, predirectional (if any), primary road name, suffix, post-directional (if any), and secondary number (if any), e.g., 100 W. Main St., Apt. 201. 1. Multi-Family Housing. Assign a primary road address, with numbers (not letters) as secondary location indicators, e.g., 111 Main St., Apt. 1. Use apartment numbers to indicate the floor location, e.g., Apt. 303 (or 3C) is the third apartment on the third floor. Ch. 15.40 Building and Lot Numbering | Kodiak Island Borough Code Page 3 of 6 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. FY2024-08 An Ordinance Of The Assembly Of The Kodiak Islan...Page 149 of 158 2. Circular Roads. Numbering should begin at the point where emergency responders are most likely to enter the road, so numbers will ascend as responders search for a location. Where there is no obvious end with greater traffic flow, it is recommended that the starting point be selected at the end closer to the designated numbering origin. Whatever method is selected, apply it consistently within the community. 3. Corner Lots. Assign a number according to where the front door faces the road. There may be instances, however, when a corner lot might be numbered based on its driveway, if it made more sense from an emergency responder perspective. 4. Cul-de-Sacs. Those without buildings in the center portion should be numbered as if the center line of the street bisects the cul-de-sac with odd numbers on the right and even numbers on the left. The numbers meet at the far end of the center area. When a structure occurs in the middle of the circle, number that structure in a way that best fits, such as according to where the front door faces. 5. Duplexes. Assign a primary road address. 6. Islands and Peninsulas. On river, lake, or coastal islands with roads, properties should be numbered as any area with roads. On islands without roads, properties can be numbered as follows: Pick a compass point on the island, zero degrees North, for example. Assign odd addresses to lots on the west side of the island, with numbers ascending towards the south. Assign even numbers to lots on the east side, with numbers also ascending towards the south. Use the minimum water frontage requirement for lots on the island as a numbering interval to leave room for additional structures to be built on vacant lots. The road name will be that of the island, resulting in an address such as “4 Goat Island.” If an island does not have a name, consider naming it as a formerly unnamed road might be. 7. Mobile Home Parks. A mobile home park can be assigned one address on the main road, followed by a numeric unit or lot number for the individual homes, such as an apartment building would be numbered. 8. Office Suites. Numbers should be assigned with a primary road address, followed by a numbered (not lettered) secondary location indicator, e.g., 325 Memorial Drive, Suite 312. Suite numbers should also be used to indicate which floor location. 9. Shopping Center. Numbers can be assigned to businesses within the range available to the property. 10. Historical Addresses. Addresses for Akhiok, Old Harbor, Ouzinkie, Port Lions, Larsen Bay, and Karluk are based on historical addressing maps maintained by the Kodiak Island Borough. 11. Remote Areas. Properties in remote and unincorporated areas will be assigned a geoaddress, based on the United States National Grid (USNG). Example: AFOGNAK WILDERNESS LODGE USNG: 5VNE4444070833 SEAL BAY, AFOGNAK ISLAND Ch. 15.40 Building and Lot Numbering | Kodiak Island Borough Code Page 4 of 6 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. FY2024-08 An Ordinance Of The Assembly Of The Kodiak Islan...Page 150 of 158 KODIAK, AK 99615 [Ord. FY2016-20 §3, 2016]. 15.40.060 Duties of the manager. It is the duty of the manager, or designee, to establish and assign all building numbers on the public streets within the borough. He shall prepare the necessary records of the numbers so assigned by him, and such records shall be evidence of all building numbers so assigned. He shall, on demand, furnish to each owner or occupant of a building, or such person as may be employed in numbering the buildings, with all necessary information relevant to the number belonging to each building. [Ord. FY2016-20 §3, 2016; Ord. 98-24 §2, 1998; Ord. 89-21-O §2, 1989; Ord. 84-27-O §1, 1984. Formerly §15.32.060]. 15.40.070 Compliance with regulations of borough – Size of numbers – Duty to erect. All numbering shall conform strictly with the directions and regulations of the borough. The size of numbers on all buildings shall be not less than four inches in height and shall be clearly visible from the public street fronting the property containing the building. All owners or occupants of buildings now erected, or which may hereafter be erected, within the borough are required to number their buildings to conform with the provisions of this section and with the regulations of the borough established to ensure compliance with this chapter. [Ord. FY2016-20 §3, 2016; Ord. 89-21-O §3, 1989; Ord. 84-27-O §1, 1984. Formerly §15.32.070]. 15.40.080 Procedure. A. Kodiak Island Borough GIS is responsible for assigning addresses and maintaining address information. B. Addresses will be implemented within 30 days upon receipt of an E911 address application, along with any other required or relevant information. C. E911 address application shall be made available on the borough website and/or in borough offices. D. Addresses for newly created lots will be assigned at the earliest to occur of: issuance of a driveway permit; issuance of a building permit, or other permit for construction on the lot; initiation of construction of structures on the lot; or upon a request by the owner. E. Address notifications will be sent to relevant parties, including, but not limited to: 1. Kodiak police public safety answering point (PSAP). 2. U.S.P.S. 3. Assessing department. Ch. 15.40 Building and Lot Numbering | Kodiak Island Borough Code Page 5 of 6 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. FY2024-08 An Ordinance Of The Assembly Of The Kodiak Islan...Page 151 of 158 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. 4. Community development department. 5. City of Kodiak. 6. Fire departments. 7. Communication companies. 8. Kodiak police department. 9. Emergency operations center (EOC). 10. Property owner. [Ord. FY2023-12 §2, 2023; Ord. FY2016-20 §3, 2016]. Ch. 15.40 Building and Lot Numbering | Kodiak Island Borough Code Page 6 of 6 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. FY2024-08 An Ordinance Of The Assembly Of The Kodiak Islan...Page 152 of 158 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT:Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees ORIGINATOR:Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to confirm the mayoral appointments of assembly member representatives to different boards and committees as reflected in the attached list. DISCUSSION: The mayor appoints assembly members as representatives to different boards and committees on an annual basis. The attached list includes the appointments to the Solid Waste Contract Committee (SWCC). The resolution forming SWCC is on this meeting's agenda. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 2100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly. AGENDA ITEM #14.D.1. Mayoral Appointments Of Assembly Member Representatives To Different Boa...Page 153 of 158 MAYOR’S APPOINTMENT LIST OF ASSEMBLY REPRESENTATIVES TO BOARDS, COMMITTEES, & COMMISSIONS Board or Committee Assembly Rep 11/2022-10/2023 Assembly Rep 11/2023-10/2024 (MAYOR’S APPOINTMENTS) KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. Architectural Review Board, KIBC 2.125 Sharratt SHARRATT Borough Lands Committee, KIBC 2.160 Two appointees *Mayor serves on this committee as well Arndt TURNER Griffin SMILEY Emergency Services Council, KIBC 2.110 Mayor is assigned to a seat Arndt ARNDT Joint Building Code Review Committee, KIBC 15.45 Smith TURNER Kodiak College Council LeDoux LEDOUX Kodiak Fisheries Work Group (Adhoc) Two Appointees plus one alternate Turner Delgado *Griffin (alternate) GRIFFIN WHITESIDE LEDOUX (ALTERNATE) Kodiak Fisheries Advisory Committee, Res FY07-38 Turner WHITESIDE Parks and Recreation Committee, KIBC 2.120 LeDoux LEDOUX Providence Health System Service Area Board, KIBC 8.05 Smith SMILEY School District Budget Advisory Committee Smiley SHARRATT School District Facilities Review Committee Arndt AMES School District Strategic Planning Committee Delgado AMES Solid Waste Advisory Board, KIBC 2.145 Smiley AMES Health Facilities Advisory Board , Resolution No. FY2023-20 Griffin Smith Turner GRIFFIN SMILEY TURNER Solid Waste Contract Committee Newly Formed Committee SHARRAT SMILEY TURNER *Assembly Members should express their wish to be appointed to the following seats. The Assembly Appoints And Confirm. *Cook Inlet Regional Citizens Advisory Council (Three Year Term: April 2023 to March 2026) Arndt is currently serving until March 2026 ARNDT FYI the following seats will not expire until 2024. SWAMC Board Seat – Kodiak Municipal Seat, (New appointee will start after SWAMC March Annual Conference) Williams is currently serving until 2024 GRIFFIN Prince William Sound Regional Citizens Advisory Council (Two Year Term: May 2022 to May 2024) Williams is currently serving until May 2024 AIMEE WILLIAMS • AML Board District 2 Seat is currently held by Council member Whiddon from the City of Kodiak. AGENDA ITEM #14.D.1. Mayoral Appointments Of Assembly Member Representatives To Different Boa...Page 154 of 158 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT:Borough Manager's Performance Evaluation ORIGINATOR:Lina Cruz, Deputy Clerk RECOMMENDATION: Move to convene into executive session under the authority of KIBC 2.30.030 (F)(1)(C) to discuss borough manager’s performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice a character or reputation of any person. Move to invite the Mayor, Assembly, and Borough Manager into executive session. DISCUSSION: Contract No. FY2023-43, Section 3 Salary, and Benefits (B) states that the Manager's performance shall be reviewed six (6) months after the effective date of the agreement and the Manager's salary will be increased by 2.5% upon review and determination of satisfactory job performance. The Manager was hired on March 17, 2023, and her official first day of employment was on May 1, 2023. The Borough Manager has been advised of the executive session and her right to request public discussion. She does not object to the evaluation being done in executive session. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #16.A. Borough Manager's Performance Evaluation Page 155 of 158 EMPLOYMENT CONTRACT CONTRACT NO. FY2023-43 THIS AGREEMENT is made and entered into this Seventeenth day of March. 2023, between the Kodiak Island Borough Assembly (hereinafter Borough) and Aimee Williams hereinafter Manager). WHEREAS, Borough wishes to employ the services of Aimee Williams, as Manager of the Kodiak Island Borough; and WHEREAS, Borough and Manager desire to provide for certain procedures, benefits, and requirements regarding the employment of Manager by Borough; and WHEREAS, Manager wishes to accept employment as Manager of said Borough; and NOW, THEREFORE, Borough and Manager agree to the following terms and conditions: Section 1: Duties and Nature of Employment. A. Borough hereby agrees to employ Manager, and Manager agrees to be employed by Borough, in the position of Borough Manager. Manager is an at -will employee who serves at the pleasure of the Borough Assembly. Manager, as an administrative and/or executive employee of the legislative branch of Borough government, is entitled to all fringe benefits provided to any other Borough administrative and/or executive employee, and, therefore, Manager is not entitled to receive overtime compensation. B. Manager shall perform all duties and functions assigned to Manager by law, and such other legally permissible and proper duties and functions as the Borough Assembly shall from time to time prescribe. Section 2: Contract Term and Notice Requirements. While this is an at -will employment contract, both parties anticipate that it shall be in effect for three (3) years, May 1. 2023, through April 30, 2026. The Assembly may elect to extend the contract for one year at the end of the contract period with 90 days' notice. Section 3: Salary and Benefits. A. Borough agrees to pay Manager for her services, payable in installments at the same time as other employees of the Borough, at the initial rate of one hundred fifty thousand dollars ($150,000.00) annually. B. Manager's performance shall be reviewed six (6) months after the effective date of the agreement and the Manager's salary will be increased by 2.5% upon review and determination of satisfactory job performance. C. Manager's performance shall be reviewed twelve (12) months after the effective date of the agreement, and annually thereafter, and the Manager's salary will be increased by 2.5% upon review and determination of satisfactory job performance. Page 1 of 4 AGENDA ITEM #16.A. Borough Manager's Performance Evaluation Page 156 of 158 D. Annual leave shall be provided to Manager in accordance with the Kodiak Island Borough Personnel Manual except Manager will be eligible to utilize five (5) days of annual leave within the normal probationary period of six months. E. Sick leave, health insurance, life insurance, disability insurance, workers' compensation insurance, jury duty, holidays, and contributions to the Alaska Public Employees Retirement System will be provided to Manager in accordance with the Kodiak Island Borough Personnel Manual, as provided for all other employees. F. Except to the extent specifically referenced to in this Agreement, all provisions of the Kodiak Island Borough Personnel Rules and Regulations are applicable to Manager's personnel status as a Borough employee. G. The Manager shall have access to a Borough vehicle for Manager's business use only. Section 4: Separation of Employment and Severance Pay. A. The Borough Assembly may terminate Manager at any time, for any reason or for no reason, by delivering to Manager written notice of termination. 1. Termination for other than good cause: a. In the event of termination other than for good cause, Borough shall pay to Manager severance pay in an amount equal to two months' salary. Manager shall also be compensated for all accrued annual leave. 2. Termination for good cause: a. In the event Manager is terminated for good cause, Borough shall not pay severance pay to Manager; however, Manager shall be compensated for all accrued annual leave. B. Manager may voluntarily resign her employment as Borough Manager at any time, for any reason or for no reason, by delivering to the Borough Assembly notice of resignation at least sixty (60) days prior to the effective date of resignation unless the parties agree otherwise. If Manager voluntarily resigns, Borough will not be obligated to pay severance pay to Manager. C. For the purpose of this section, the term "good cause" shall mean: 1. A willful breach, disregard, or gross neglect of the duties assigned to the Manager by law or by the Borough Assembly, or incompetence, which is defined as the inability or the intentional failure to perform the Manager's duties in a satisfactory manner. However, termination for incompetence will require written notice and reasonable time allowed, along with appropriate resources provided, to affect a remedy. 2. Any conduct of Manager bringing public embarrassment or ridicule to the Borough. 3. Any conduct of Manager involving a conviction for any act of moral turpitude or illegality defined as a felony or a misdemeanor that tends to reflect dishonesty. Section 5: Moving Expenses. Not applicable. Section 6: Conditions of Employment. Manager shall receive the salary and benefits, and shall work under the terms and conditions, specified in this document during the three-year term of this contract with a ninety (90) day Page 2 of 4 AGENDA ITEM #16.A. Borough Manager's Performance Evaluation Page 157 of 158 notice by either party to renew or not renew by mutual consent after that time. Borough to provide Manager a cell phone stipend. Section 7: Dues and Subscriptions. Borough hereby agrees to pay for membership to International City/County Management Association (ICMA), the Alaska Municipal Managers Association (AMMA), and the Alaska Municipal League (AML). Section 8: Professional Development. A. Borough will budget and pay for attendance including travel and hotel costs to the ICMA annual conference, SWAMC Conference, and AML annual, summer, and winter conferences. Reimbursement for normal expenses associated with attendance (meals) will also be paid. B. Manager, while traveling out of town on official business, will be reimbursed for reasonable expenses by Borough. Borough will provide for and/or reimburse Manager for transportation costs and other costs incidental to such travel, and of a normal and necessary nature. Such expenses would include hotel rooms, auto rental, taxi fare, etc. This section applies to short courses, institutes, and seminars that are necessary for professional development and for the good of Borough, as budgeted by the Borough Assembly along with all other Borough related travel. Section 9: Indemnification. A. Borough agrees to defend, save and hold harmless, and indemnify Manager against any tort claim, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission by Manager arising out of the course and scope of her employment; provided, however, that the aforementioned obligation of Borough shall not extend to claims based on the following acts of misconduct: 1. A willful breach, disregard, or gross neglect of duties requested of Manager by the Borough Assembly formally communicated to Manager or required to be performed by Manager hereunder or under the ordinances of the Kodiak Island Borough and the laws of the United States of America and the State of Alaska; 2. Any conduct of Manager bringing public embarrassment or ridicule to Borough; or 3. Any conduct of Manager involving a conviction for any act of moral turpitude or illegality defined as any felony involving moral turpitude or a crime, which reflects dishonesty. B. Borough will defend, compromise, or settle any such claim or suit and pay the amount of settlement or judgment rendered thereon. Section 10: General Provisions. A. This Agreement shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs-at-law and executors of Manager. C. This Agreement shall be in effect for three (3) years or unless Manager resigns or is terminated under the provisions of Section 4, above. Page 3 of 4 AGENDA ITEM #16.A. Borough Manager's Performance Evaluation Page 158 of 158 AGENDA ITEM #16.A. Borough Manager's Performance Evaluation Page 159 of 158 1 Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 TO: Kodiak Island Borough Assembly FROM: Aimee Williams RE: Managers Report, November 2, 2023 Manager’s Department Congratulations! – Congrats to Mitchell Davidson and family on the birth of their second child. Bells Flats Flooding – Once again, the entrance into the Sargent Creek side of Bell’s Flats experienced heavy flooding conditions. Last night during the high tide period, Sargent Creek left the banks, filled all of the ditches between the regular discharge area, and was actually flowing across Sargent Creek Road into the Russian River. We will be reaching out to AK DOT & Public Facilities, Southcoast Region to update them on the continuing danger. 2 Karluk School – • Met with three residents from Karluk on Friday, October 27, 2023, and told them about KIB authoring a new User Agreement for the school building • User Agreement has been prepared by KIB and will be sent to Karluk Tribal Council for signature • Today, November 2, 203, is the last day that the building will be open as a school Staff Recruiting – Finance job listings are posted for an Accounts Payable Technician and a Payroll Technician. Surplus Sale – Bidding closed today at 5PM and high bidders will be notified tomorrow, Friday, November 4, 2023. Mental Health Buildings – Got an update from Seb O’Kelly (federal lobbyist) and he was able to check in with Senator Sullivan’s office about our request to have the deed for that property read in a way that allowed for those buildings to become workforce housing. The draft letter is still with the Department of the Interior. CIP List Information – The US Census Bureau has this population information listed from the last census. Akhiok – 63 Karluk – 27 Larsen Bay – 34 Port Lions – 170 Ouzinkie – 109 Old Harbor – 216 KIB Owned Vacant Land – Please see map that has been added to the wall in the Assembly Chambers. There is also a job aid attached to this report to help you access this information online. Upcoming Travel – November 7-8 for family medical appointments December 3-8 for AMMA and AML meetings in Anchorage Engineering and Facilities Solid Waste Contract – Staff is ready to meet with the newly named Solid Waste Contract Committee members Landfill – • Second excavator rented form Brechan will remain in service until the new excavator arrives in November. • Friend Contractors is repairing the alley garage door. This is repair of the original roll up door. 3 KFRC- • Discharge Permit – Draft Individual Permit Draft public notice period ends November 3, 2023. ADEC has requested final review fee be paid prior to review. Standard procedure. • Awaiting discussion with Long Technologies regarding upgrade and review of system coverage and possible additional monitoring. • Coordination for the final repair of the sewage lift station has been started. Electrical changes are being accomplished to create a safer environment in this lift station. Arrangements for all contractors is underway to complete this project. Swimming Pool – A discussion was held with staff specific to the concerns expressed by the assembly. A planning session will be scheduled for the three entities that participate in the operation and maintenance of the pool. KIBSD – • North Star Windows & Siding Phase 2 – Contractor is on island today and will complete the door hardware installation. Staff to inspect prior to his departure. • East Roof Proposal Package – Work has been ordered. • North Star Roof Replacement and Skylight Replacement – Work has been ordered. • Karluk and Larsen Bay – Replacement parts are on order for planning of a final repair trip to these two facilities. • Petersen Roof – Regular meetings planned with the contractor to ensure materials are ordered and here on time to start work in May of 2024. Leachate Treatment Plant – Leachate Treatment Plant process equipment is functional. Changes required are being discovered and repair plans are continuing. Job due date is late November. Anticipate final completion will be close to the current defined due date. Punch list items are being scheduled for completion. Job is substantially completed. Stage 3 Closure – Final as built drawing have been delivered. Noticeable difference in the fluctuation of the storm water lagoon indicates diversion has been successful. Anticipate completion and submission of close out documentation as required. Health and Facilities Advisory Board – Projects have been approved to be forwarded to the assembly for approval of payment for completed projects. Awaiting meeting with contractors for the completion of the facility study. Borough Building – Concrete work is continuing. Discussions with KEA are trending to allow for the power discount similar to the Middle School and KFRC customer power agreements. Final hook up of commercial power to the newly installed facility equipment is anticipated within the next week. 4 Finance Department Property Taxes – The next payment due date is Wednesday, November 15th for those making their second half payment. For those that missed the first half payment date of August 15th and the full payment date of October 16th, a 10% late payment penalty will be included in the balance due. Staffing – Currently advertising for two open positions: an Accounts Payable Technician and a Payroll Technician. IT Department Network Infrastructure Backups - Network infrastructure backup automation is mostly completed. We are still working on getting support for them which then will allow us to update the software on them. This is on hold until Mitchell returns to the office. GIS – • Creating map tools that are deployed via ARCGS Online, expect this to be an ongoing process as needed by the rest of the Borough. • Creating a revamped Map Center webpage that is easier to use and has more content. • Ongoing projects around community reach out information coordinating with the Community Development department. • Ongoing effort to clean up old GIS data. • Working on a comprehensive data management policy for GIS at the KIB Windows 11 Deployment – About 80% complete. • Roughly 4 more workstations need to be updated to 11. These are located at the two fire stations and so IT will be coordinating with Engineering and Facilities to get them upgraded with minimal interruption. • Roughly 9 more laptops need to be updated - need to coordinate with the users to bring in. Surplus Auction – Michael assisted Meagan Christiansen today to help answer any questions that were asked about IT equipment. LTP Project – This was completed last Friday. 2-Factor Authentication - IT is also reviewing the 2-factor authentication system we have so we can deploy it. We have scheduled a kickoff meeting with the contractor that IT hired to assist our deployment. Until we do, there is no timeline yet. Disaster Recovery Plan - Working on a Disaster Recovery Plan which will be a comprehensive plan for KIB IT systems and data recovery in the event of a major disaster or outage. Will include all major stakeholders so this will also be an ongoing project. 5 Assessing Department – Senior Citizen / Disabled Veterans Applications and Business Personal Property forms- • Assessing is getting ready for the Nov 15th mailing. Applicants are being verified (850 Senior and 106 Disabled Veteran) for processing and in-house printing. • Business licenses are being verified and new businesses are being input into our Assessing software for form creation. These forms are also printed in house. (Approximately 1000 accounts). All SC/DV applications include letters and all BPP form include last year’s information. They will be merged together after printing for envelope stuffing. Exemptions – Assessing staff continues to work on the requests for business / non- profit tax exemptions. Our goal is to review 2 applicants a quarter. (Have 2 ready to complete after the upcoming ordinance change) Tax Roll – There are two outstanding applications that we are awaiting information on from the PFD that cannot be processed until the applicants contact the PFD office themselves. Assessing checks for updated information weekly. Applicants have until December 15, 2023, to give us information. Field work – Assessing’s FY2024 field work in Service District 1 is complete. We are now working on building permits, new discovery changes that occurred after the roll was certified and field review requests. Input into our Assessing software for the properties inspected continues. Tyler Implementation- Assessing has begun requesting reports from Harris, for data clean up. Nine of twelve projects are complete. (That 9th report is time-consuming with 8,373 properties to verify) Community Development – Planning and Zoning Commission – The Commission will hold a work session on Wednesday, November 8, 2023, to continue its discussion on accessory dwelling units. PRO-Housing Grant – The Borough will submit its application for the grant on Friday, November 3, 2023. Associate Planner Position – The Community Development Department hired Joe Grochmal; his official start date will be December 11, 2023. Joe will be coming to the borough from Western Massachusetts. Joe has a dual Master of Public Administration degree from Columbia University and the London School of Economics and Political Science. 6 How to Find Vacant Land in the Kodiak Island Borough (KIB) 1) Go to the KIB website (www.kodiakak.us) 2) Scroll to the middle of the page and click on “Map Center” 3) Look at the “Quick Links” Section on the right-hand side and click on “Kodiak Island Borough Lands Viewer” 7 4) This will open the Lands Viewer screen. You will see a picture of the whole borough and will need to Zoom In to get to the area you are interested in. 5) Once you zoom into the area that you want to see, you will notice that the lines dividing parcels show up in yellow. 8 6) To view the vacant land, you will need to click on the layer button in the top left- hand corner. 7) Items with the are visible items. Items with the are not visible. 9 8) To be able to see the vacant parcels, you need to turn on the “Vacant Parcels” option. Hint – to have a clearer picture of the area you are viewing, you can turn off the “Parcels” choice. (Example to the right -----------------------------------) 9) There are two parts of the layer button in the top left-hand corner. One tab is “Layers” and the other tab is “Legend”. By clicking on the “Legend” tab, you will see who the owners of the vacant land are. Happy Exploring. CITY OF KODIAK RESOLUTION NUMBER 2023-07 A RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK AMENDING RESOLUTION NO. 2023-05 ADOPTING THE FEDERAL FISCAL YEAR 2024 SUP- PORTED FEDERAL ISSUES LIST AND FISCAL YEAR 2024 FEDERAL CAPITAL LIST WHEREAS, the City of Kodiak uses a Capital Improvements Program planning process to identify the capital needs of the community; and WHEREAS, this identification and planning process plays a vital role in directing the City's administration and is utilized as a long-range planning and policy setting tool for City in- frastructure maintenance and enhancement; and WHEREAS, the City of Kodiak is committed to paying its way, to the greatest extent pos- sible, but the cost of some of the City's capital project needs are greater than resources available locally; and WHEREAS, Kodiak City Council has identified capital project needs for submission to the Alaska Congressional Delegation for funding consideration due to their significance and/or mag- nitude; and WHEREAS, changes may be required as to how capital funding contributions for smaller communities like Kodiak, Alaska can be made at the Federal level; and WHEREAS, the City of Kodiak faces several issues generated by Federal legislation or rulemaking that are of importance to the City of Kodiak, Alaska, and which may adversely impact life in Kodiak by placing undue burdens on those who work and live in the community. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kod iak , Alaska, that the following projects and issues are high priorities for the community and are hereby adopted as the City of Kodiak Federal Fiscal Year 2024 supported federal issues list and Federal Fiscal Year 2024 prioritized federal capital projects list: FFY 2024 City of Kodiak Prioritized Federal Capital Proiects List 1. St. Herman Harbor Infrastructure Replacement. (Phase I & II) (Phase III & IV) $16,000,000 $40,000,000 St. Herman Harbor (SHH) was built by the State of Alaska in 1982 and has been a vital facility for Kodiak's large and diverse commercial fishing fleet for over 40 years. The State of Alaska turned over all state owned facilities in St. Herman Harbor to the City of Kodiak in 1999. The facility provides safe moorage for more than 400 vessels from all over Alaska and the West Coast. With the exception of a few minor upgrades over the years, the original float system is beyond its useful life and is in need of replacement. Resolution No. 2023-07 Page 1 of4 The proposed project would result in the reconstruction of St. Herman Harbor with the replace- ment of most of its float system in four phases. Currently, the harbor has been losing one dock per year due to aging and the saltwater elements. A dock loss results in 2 vessel berths along with the revenue generated for the harbor. This rate of failure is likely to increase in future years as the existing docks further deteriorate. The latest inspection report shows many por- tions of the facility are in very poor condition. The forty-year old float systems suffer from failing concrete, rotting waters and bullrails, and an outdated electrical system. These floats contain electrical pedestals, fire suppression water lines, safety ladders and supply potable wa- ter. In 2022, the City contracted with PND Engineers, Inc. (PND) to prepare a St. Herman Harbor Planning and Scoping Report that includes concept harbor layouts, cost estimates and con- struction phasing recommendations. The City is requesting $16,000,000 to complete the first two phases. Phases III & IV estimated project development cost is approximately $40,000,000. Modernizing and expanding our port infrastructure is critical to remaining competitive in main- taining our status as an important commercial fishing community. Waterfront facilities and marine infrastructure are a critical element to the City of Kodiak and the State of Alaska, sup- porting a large portion of the City's commerce, industry, transportation, and recreational needs. 2. Waste Water Treatment Plant Facility $1,900,000 The City of Kodiak Treatment Plant operates under an Alaska Department of Environmental Conservation (ADEC) APDES permit.The first phase of a larger project to upgrade the City of Kodiak Waste Water Treatment Plant was to evaluate the facility for immediate system needs. The last major maintenance upgrade to the facility was in 1999. The condition and evaluation assessment included all major components within the plant interior and exterior, the out-build- ings and three aeration basins; including all mechanical equipment needs. Alaska Pollutant Discharge Elimination System (APDES) permitting requirements were included during this assessment. Included in the facility rebuild assessment is the supervisory control and data ac- quisition (SCADA) system to interface with the 34 sewer lift station pumps and waste treat- ment at the facility. This facility with its labyrinth of connecting sewer lines, directly serves 2667 City of Kodiak and Kodiak Borough households including commercial businesses. The Treatment Plant also serves the U.S. Kodiak Coast Guard Base and the Pacific Spaceport Com- plex indirectly with our certified laboratory testing and waste disposal; not to mention NOAA vessels, the Alaska Marine Highway vessels and the expanding cruise ship industry stopovers in our Kodiak Harbors. The City of Kodiak is requesting Federal funding in the amount of $ l .9M to begin design efforts leading to the construction of this critical infrastructure Waste Water Treatment Plant project that will support the wastewater needs of the community for the next twenty years. 3. New Fire Department Emergency Response Vehicle Resolution No. 2023-07 Pagel of 4 $2,350,000 The City of Kodiak has an important request to replace a critical need fire suppression vehicle, the city's lone ladder truck. The current vehicle is twenty-three years old and the industry standard requirements subject this aging ladder truck to complete inspection each year to cer- tify its continued use. This requires a U .L. certified inspection causing the city to prioritize limited funding each year. The age of the apparatus also corresponds to in c reased maintenance needs. Some of the systems built-in to the apparatus are no longer supported causing increased difficulty and cost to maintain the apparatus in a 'ready' state. The primary purpose of this I 05 · foot ladder truck is used for fire suppression of the shoreside seafood processor plants which have vehicle access from the upland side. The need to reach out over the buildings or any other multi-level buildings provides critical suppression and res- cue capabilities when many lives are at risk. This unique vehicle also serves as the high-angle rope rescue platform for emergency calls over vertical terrain. 4. Transportation Infrastructure Projects • Mill Bay Road Rehabilitation - $3,750,000 $2,000,000 Bristol Engineering Services Company LLC has completed the City of Kodiak's Long Range Transportation Plan. Mill Bay Road is the city's top priority. This project would remove and replace existing 4-inch asphalt pavement from the intersection of Upper Mill Bay Road to Benny Benson Drive (approximately 1.4 miles or 7400' in length). Paved width is 34 feet wide. This primary arterial city road provides access to schools, medical services, food and goods supplies, and many other support businesses. The average daily traffic volume is 7,680 vehicles per day. • Mission Road Rehabilitation -$1,750,000 Mission Road is identified as another high priority road in the city. Perhaps one of the earliest built road in Kodiak's history and a clear public priority. The pavement and under- ground utilities is among the worst of the roads in the city. Reconstruct with modification to create a one-way road section (including complete replacement of the road bed to a depth of at .least 3 feet) beginning at Erskine St and ending at intersection of Ismallov and 12th (approximately 0.5 miles or 2600' in length). Project would include new 6-foot wide sidewalk located on the uphill side of the street, drainage (presently there is no storm drain- age infrastructure the entire length) and lighting improvements to tie into existing facilities at both termini. Bed rock should be anticipated on the uphill side of the road. Additional utility work anticipated by the City is replacement of 1956-era water and sanitary sewer mainlines ( and service reconnects) for the entire length. This work scope would be accom- plished concurrent with the other work but the cost is not included in this estimate. This urban major collector, experiences 1,610 to 2,330 vehicles per day. FY 2024 City of Kodiak Supported Federal Issues: Resolution No. 2023-07 Page3 of4 • Authorization & appropriation for a General Investigation Study with the USACE for future development of a deep-water turning basin and additional pier space in the Ko- diak vicinity • Defense Community Infrastructure Program for USCG communities • Immigration Office in Kodiak • Kodiak Fisheries Disaster -Local Government Fish Tax Reimbursement ATTEST: CITY Resolution No. 2023-07 Page 4 of 4 CITY OF KODIAK MAYOR Adopted: March 23, 2023 Page 1 of 7 Kodiak Island Borough Assembly Regular Meeting Guidelines Assembly Chambers Thursday, November 2, 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. Regular Meeting Minutes Of October 19, 2023 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 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 Page 2 of 7 10. PUBLIC HEARING A. 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 adopt Ordinance No. FY2024-09. 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 B. 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 adopt Ordinance No. FY2024-10. 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. Page 3 of 7 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 A. Election Of The 2023-2024 Borough Assembly Deputy Presiding Officer Mayor to open the floor for nominations. Recommended motion: Move to nominate Assembly member ______________________ as Deputy Presiding Officer. Ask for any other nominations. If none, please close the nominations. Ballot slips to be distributed and collected by the Clerk. The Clerk and designee will tally and announce the elected member. 14.A. CONTRACTS – None. 14.B. RESOLUTIONS 1. Resolution No. FY2024-06 Conveying Tax Foreclosed Property To The City Of Larsen Bay As Provided In AS 29.45.450 Recommended motion: Move to adopt Resolution No. FY2024-06. Staff report – Aimee Williams, Borough Manager Assembly discussion. ROLL CALL VOTE ON THE MOTION Page 4 of 7 2. Resolution No. FY2024-07 Conveying Tax Foreclosed Property To The City Of Port Lions As Provided In AS 29.45.450 Recommended motion: Move to adopt Resolution No. FY2024-07. Staff report – Aimee Williams, Borough Manager Assembly discussion. ROLL CALL VOTE ON THE MOTION 3. Resolution No. FY2024-12 Establishing A Solid Waste Contract Committee Recommended motion: Move to adopt Resolution No. FY2024-12. Staff report – Nova M. Javier, MMC, Borough Clerk Assembly discussion. ROLL CALL VOTE ON THE MOTION 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2024-08 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Kodiak Island Borough Title 15 Buildings And Construction, Chapter 40 Building And Lot Numbering, Section 15.40.080 Procedure For Addressing Newly Created Lots Recommended motion: Move to advance Ordinance No. FY2024-08 to public hearing at the next Assembly regular meeting. Staff report – Aimee Williams, Borough Manager Assembly discussion. ROLL CALL VOTE ON THE MOTION Page 5 of 7 14.D. OTHER ITEMS 1. Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees Recommended motion: Move to confirm the mayoral appointments of assembly member representatives to different boards and committees as follows: Architectural Review Board Assembly Member Ryan Sharratt Borough Lands Committee Assembly Member James Turner Assembly Member Scott Smiley Emergency Services Council Mayor Scott Arndt Joint Building Code Review Committee Assembly Member James Turner Kodiak College Council Assembly Member Larry Ledoux Kodiak Fisheries Work Group Assembly Member Jared Griffin Assembly Member Bo Whiteside Assembly Member Larry Ledoux (ALTERNATE) Kodiak Fisheries Advisory Committee Assembly Member Bo Whiteside Parks And Recreation Committee Assembly Member Larry Ledoux Providence Health System Service Area Assembly Member Scott Smiley School District Budget Advisory Committee Assembly Member Ryan Sharratt School District Facilities Review Committee Assembly Member Steve Ames School District Strategic Planning Committee Assembly Member Steve Ames Solid Waste Advisory Board Assembly Member Steve Ames Health Facilities Advisory Board Assembly Member Jared Griffin Assembly Member Scott Smiley Assembly Member James Turner Solid Waste Contract Committee Assembly Member Ryan Sharratt Assembly Member Scott Smiley Assembly Member James Turner CIRCAC Board Seat Mayor Scott Arndt SWAMC Board Seat Assembly Member Jared Griffin PWSRCA Council Seat Manager Aimee Williams Staff report – Nova M. Javier, MMC, Borough Clerk Assembly discussion. ROLL CALL VOTE ON MOTION Page 6 of 7 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. EXECUTIVE SESSION A. Borough Manager's Performance Evaluation Recommended motion: Move to convene into executive session under the authority of KIBC 2.30.030 (F)(1)(C) to discuss the borough manager’s performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice a character or reputation of any person. Assembly discussion. ROLL CALL VOTE ON THE MOTION Recommended motion: Move to invite the Mayor and Assembly into executive session. The Manager will be invited in at a later time. VOICE VOTE ON MOTION After the vote, Mayor Arndt recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Arndt reconvenes the regular meeting and announces: • No action is to be taken as a result of the executive session. -or- • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. Page 7 of 7 17. ASSEMBLY MEMBERS’ COMMENTS The next Assembly Work Session is scheduled on Thursday, November 9, 2023, at 6:30 p.m. in the Borough Assembly Chambers. The next Assembly Regular Meeting is scheduled on Thursday, November 16, 2023, at 6:30 p.m., in the Borough Assembly Chambers. The Borough offices will be closed on Friday, November 10, 2023, in observance of Veteran’s Day. 18. 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. 10 November 03, 2023 At Its Regular Meeting Of November 02, 2023, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On November 16, 2023, At 6:30 P.M. In The Borough Assembly Chambers ADOPTED 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 ADOPTED 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) ELECTED Assembly Member Scott Smiley As The 2023-2024 Borough Assembly Deputy Presiding Officer ADOPTED Resolution No. FY2024-06 Conveying Tax Foreclosed Property To The City Of Larsen Bay As Provided In AS 29.45.450 ADOPTED Resolution No. FY2024-07 Conveying Tax Foreclosed Property To The City Of Port Lions As Provided In AS 29.45.450 ADOPTED Resolution No. FY2024-12 Establishing A Solid Waste Contract Committee ADVANCED Ordinance No. FY2024-08 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Kodiak Island Borough Title 15 Buildings And Construction, Chapter 40 Building And Lot Numbering, Section 15.40.080 Procedure For Addressing Newly Created Lots To The Next Regular Meeting Of The Assembly On November 16, 2023 View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough AMENDED, CONFIRMED The Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees As Follows: Architectural Review Board Assembly Member Ryan Sharratt Borough Lands Committee Assembly Member James Turner Assembly Member Scott Smiley Emergency Services Council Mayor Scott Arndt Joint Building Code Review Committee Assembly Member James Turner Kodiak College Council Assembly Member Larry Ledoux Kodiak Fisheries Work Group Assembly Member Jared Griffin Assembly Member Bo Whiteside Assembly Member Larry Ledoux (ALTERNATE) Kodiak Fisheries Advisory Committee Assembly Member Bo Whiteside Parks And Recreation Committee Assembly Member Larry Ledoux Providence Health System Service Area Assembly Member Scott Smiley School District Budget Advisory Committee Assembly Member Ryan Sharratt School District Facilities Review Committee Assembly Member Steve Ames School District Strategic Planning Committee Assembly Member Steve Ames Solid Waste Advisory Board Assembly Member Steve Ames Health Facilities Advisory Board Assembly Member Jared Griffin Assembly Member Scott Smiley Assembly Member James Turner Solid Waste Contract Committee Assembly Member Larry LeDoux Assembly Member Scott Smiley Assembly Member James Turner CIRCAC Board Seat Mayor Scott Arndt SWAMC Board Seat Assembly Member Jared Griffin PWSRCA Council Seat Manager Aimee Williams CONVENED Into Executive Session To Discuss The Borough Manager's Performance Evaluation Under The Authority Of KIBC 2.30.030 (F)(1)(C) A Subject That Qualifies For Executive Session As A Matter That May Tend To Prejudice A Character Or Reputation Of Any Person. INVITED The Mayor, Assembly, And Borough Manager Into Executive Session. ANNOUNCED That The Manager Will Continue Her Employment With The Kodiak Island Borough. She Is Granted A Step Increase In Addition To The Increase That Was Given To The Borough Employees Earlier This Fiscal Year. 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. 10 November 03, 2023 At Its Regular Meeting Of November 02, 2023, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On November 16, 2023, At 6:30 P.M. In The Borough Assembly Chambers ADOPTED 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 ADOPTED 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) ELECTED Assembly Member Scott Smiley As The 2023-2024 Borough Assembly Deputy Presiding Officer ADOPTED Resolution No. FY2024-06 Conveying Tax Foreclosed Property To The City Of Larsen Bay As Provided In AS 29.45.450 ADOPTED Resolution No. FY2024-07 Conveying Tax Foreclosed Property To The City Of Port Lions As Provided In AS 29.45.450 ADOPTED Resolution No. FY2024-12 Establishing A Solid Waste Contract Committee ADVANCED Ordinance No. FY2024-08 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Kodiak Island Borough Title 15 Buildings And Construction, Chapter 40 Building And Lot Numbering, Section 15.40.080 Procedure For Addressing Newly Created Lots To The Next Regular Meeting Of The Assembly On November 16, 2023 View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough AMENDED, CONFIRMED The Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees As Follows: Architectural Review Board Assembly Member Ryan Sharratt Borough Lands Committee Assembly Member James Turner Assembly Member Scott Smiley Emergency Services Council Mayor Scott Arndt Joint Building Code Review Committee Assembly Member James Turner Kodiak College Council Assembly Member Larry Ledoux Kodiak Fisheries Work Group Assembly Member Jared Griffin Assembly Member Bo Whiteside Assembly Member Larry Ledoux (ALTERNATE) Kodiak Fisheries Advisory Committee Assembly Member Bo Whiteside Parks And Recreation Committee Assembly Member Larry Ledoux Providence Health System Service Area Assembly Member Scott Smiley School District Budget Advisory Committee Assembly Member Ryan Sharratt School District Facilities Review Committee Assembly Member Steve Ames School District Strategic Planning Committee Assembly Member Steve Ames Solid Waste Advisory Board Assembly Member Steve Ames Health Facilities Advisory Board Assembly Member Jared Griffin Assembly Member Scott Smiley Assembly Member James Turner Solid Waste Contract Committee Assembly Member Larry LeDoux Assembly Member Scott Smiley Assembly Member James Turner CIRCAC Board Seat Mayor Scott Arndt SWAMC Board Seat Assembly Member Jared Griffin PWSRCA Council Seat Manager Aimee Williams CONVENED Into Executive Session To Discuss The Borough Manager's Performance Evaluation Under The Authority Of KIBC 2.30.030 (F)(1)(C) A Subject That Qualifies For Executive Session As A Matter That May Tend To Prejudice A Character Or Reputation Of Any Person. INVITED The Mayor, Assembly, And Borough Manager Into Executive Session. ANNOUNCED That The Manager Will Continue Her Employment With The Kodiak Island Borough. She Is Granted A Step Increase In Addition To The Increase That Was Given To The Borough Employees Earlier This Fiscal Year.