2025-01-16 Regular MeetingKodiak Island Borough
Assembly Regular Meeting Agenda
Assembly Chambers
Thursday, January 16, 2025, 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. Please call (907) 486-3231 or (855) 492-9202 for citizens comments and public hearing.
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 Minutes of December 19, 2024 4-10
Minutes
7. CITIZENS' COMMENTS
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. FY2025-09, Amending Kodiak Island Borough 11 - 13
Code Title 17 Zoning, Chapter 205 Amendments And Changes,
Section 17.205.055 Submission To Assembly To Require
Page 0 of 147
Submission Of All Rezone Requests To The Assembly For
Review
Agenda Item Report - Pdf
11. BOROUGH MANAGER'S REPORT
A 2025-01-16 Borough Manager's Report
12. MESSAGES FROM THE BOROUGH MAYOR
13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS
14. CONSIDERATION OF CALENDAR - NEW BUSINESS
14.A. CONTRACTS
i[�:�:77•Y�Il��L�LI�
14 - 21
1. Resolution No. FY2025-12 Authorizing The Borough To 22 - 31
Issue A General Obligation School Refunding Bond To
Refund Certain Principal Installments Of An Outstanding
General Obligation School Bond Of The Borough And To
Pay Costs Of Issuing The Bond, Fixing Certain Details Of
Such Bond, Authorizing Its Sale, And Providing For
Related Matters
Agenda Item Report - Pdf
2. Resolution No. FY2025-13 Adopting An Alternative 32 - 53
Allocation Method For The FY25 Shared Fisheries
Business Tax Program And Certifying That This Allocation
Method Fairly Represents The Distribution Of Significant
Effects Of Fisheries Business Activity In FMA 13: Kodiak
Area
Agenda Item Report - Pdf
1. Ordinance No. FY2025-12, An Ordinance Of The 54 - 57
Assembly Of The Kodiak Island Borough Accepting And
Appropriating Grant Funds For The 2021-22 And 2022-23
Bristol Bay Red King Crab And Bering Sea Snow Crab
Fisheries Disaster Declaration
Agenda Item Report - Pdf
2. Ordinance No. FY2025-13 Writing Off The Personal 58 - 61
Property Delinquent Taxes, Penalties, Interest, And Fees
Of Those Non -Collectable Accounts
Agenda Item Report - Pdf
Page 1 of 147
3. Ordinance No. FY2025-14 Amending And Redirecting 62 - 66
Funds From The Previously Authorized American Rescue
Plan Act (ARPA) State And Local Fiscal Recovery Funds
(SLFRF) For The Benefit Of The Residents Of The
Borough
Agenda Item Report - Pdf
14.D. OTHER ITEMS
1. State Of Alaska Alcohol And Marijuana Control Office, 67 - 104
Restaurant Or Eating Place License Renewal Application
For Second Floor Restaurant (License #3293 Combined
Renewal Notice)
Agenda Item Report - Pdf
2. Mayoral Veto On Contract No. FY2025-36, Authorization
For The Design Of Needed Pool Repairs With Water
Technologies Inc. In The Amount Of $88,900
Agenda Item Report - Pdf
3. Confirmation Of The Mayoral Appointment To The Solid
Waste Advisory Board Of Mr. Dennis Irwin
Agenda Item Report - Pdf
15. CITIZENS' COMMENTS
16. ASSEMBLY MEMBERS' COMMENTS
17. ADJOURNMENT
18. INFORMATIONAL MATERIALS
A. Womens Bay Service Area Board Regular Meeting Minutes of
November 5, 2024
2024-11-05 WBSAB RM Minutes
B. Meeting Materials
105 - 133
134 - 138
139 - 140
141 - 147
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 hearing and citizens comments, please call (907) 486-3231 or (855) 492-9202.
Page 2 of 147
AGENDA ITEM #6.A.
KODIAK ISLAND BOROUGH
Assembly Regular Meeting
December 19, 2024
A regular meeting of the Kodiak Island Borough Assembly was held on December 19, 2024, in
the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were
Finance Director Dora Cross, Administrative Official Dave Conrad, Acting Clerk Lina Cruz and
Acting Deputy Clerk Irene Arellano.
INVOCATION
Cadet Joe Duran of the Salvation Army gave the invocation.
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 Arndt, Assembly Members Steve Ames, Jared Griffin, Dave
Johnson, Ryan Sharratt, Scott Smiley, and Bo Whiteside.
SHARRATT moved to excuse Assembly Member LeDoux due to medical leave.
ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Ames, Johnson,
Sharratt, Smiley, and Whiteside (AYES); Griffin (NO).
5. APPROVAL OF AGENDA AND CONSENT AGENDA
GRIFFIN moved to approve the agenda and consent agenda.
VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY.
6. *APPROVAL OF MINUTES
A. Regular Meeting Minutes of November 21, 2024, and Special Meeting Minutes
of November 26, 2024
7. CITIZENS' COMMENTS
The following spoked under citizen's comments:
• Stephani Kim
• Leanna Harrington
8. AWARDS AND PRESENTATIONS — None.
Kodiak Island Borough
December 19, 2024
Assembly Regular Meeting Minutes
Page 1 of 7
Regular Meeting Minutes of December 19, 2024 Page 4 of 146
AGENDA ITEM #6.A.
9. COMMITTEE REPORTS
• Assembly Member Whiteside provided an update on the recent meeting of the
Kodiak Island Borough and City of Kodiak Joint Fisheries Workgroup.
• Assembly Member Griffin shared insights from the recent Southwest Alaska
Municipal Conference Board Meeting and Retreat.
10. PUBLIC HEARING — None.
11. BOROUGH MANAGER'S REPORT
Administrative Official Dave Conrad provided a manager's report, and it was included
in the meeting packet.
12. MESSAGES FROM THE BOROUGH MAYOR
Mayor Arndt provided an update on the recent Cook Inlet Regional Citizens Advisory
Council meeting, along with his participation in the Alaska Municipal League (AML) and
Mayor's Conference in Anchorage. He shared the news of his re-election as the National
Association of Counties (NACo) Representative on the AML Board of Directors.
Additionally, he discussed a meeting with the Department of Transportation Directors
and Administrative Official Dave Conrad, where they evaluated various projects in
Kodiak. He concluded by wishing everyone a safe and enjoyable holiday season.
13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS
A. Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator
Company For Elevator Maintenance Services
The motion on the floor was "Move to rescind the authorization for the Borough
Manager to award Contract No. FY2024-38 with Otis Elevator Company for
elevator maintenance services at the Kodiak Fisheries Research Center."
ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Griffin,
Johnson, Smiley, Whiteside, and Ames (AYES); Sharratt (NO).
14. CONSIDERATION OF CALENDAR - NEW BUSINESS
14.A. CONTRACTS
1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales
Agreement With Brechan Construction, LLC For The Lease And Operation Of
The Property Commonly Known As The Bells Flats Gravel Pits
GRIFFIN moved to authorize the Borough Manager to execute Contract No.
FY2010-36B, Lease and Material Sales Agreement, Amendment No. 2 with
Brechan Construction, LLC for the lease and operation of the property commonly
known as the Bells Flats gravel pits.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Johnson,
Sharratt, Smiley, Whiteside, Ames, and Griffin.
Kodiak Island Borough Assembly Regular Meeting Minutes
December 19, 2024 Page 2 of 7
Regular Meeting Minutes of December 19, 2024 Page 5 of 146
AGENDA ITEM #6.A.
2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement
With Far North Services, LLC In The Amount Of $1,390,000
GRIFFIN moved to authorize the Borough Manager to award Contract No.
FY2025-35 for the Mental Health Buildings Demolition and Abatement with Far
North Services, LLC in the amount of $1,390,000.
Clerk's Note: A motion was made and seconded to split the question regarding
Contract No. FY2025-35 into two parts.
ROLL CALL VOTE ON THE MOTION TO SPLIT THE QUESTION CARRIED
UNANIMOUSLY: Sharratt, Smiley, Whiteside, Ames, Griffin, and Johnson.
SHARRATT moved to authorize the Borough Manager to award Contract No.
FY2025-35, Base Bid for the Mental Health Buildings Demolition and Abatement
with Far North Services, LLC in the amount of $1,310,000.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley,
Whiteside, Ames, Griffin, Johnson, and Sharratt.
JOHNSON moved to postpone indefinitely Contract No. FY2025-35, Alternate
#1 Bid for the Red Cross Building Underground Storage Removal with Far North
Services, LLC, for the proposed amount of $80,000.
ROLL CALL VOTE ON THE MOTION TO POSTPONE INDEFINITELY
CARRIED UNANIMOUSLY: Whiteside, Ames, Griffin, Johnson, Sharratt, and
Smiley.
3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repairs
With Water Technologies Inc. In The Amount Of $88,900
GRIFFIN moved to authorize the Borough Manager to approve Contract No.
FY2025-36 authorization for the design of needed pool repairs with Water
Technologies Inc. in the amount of $88,900.
ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Ames, Griffin,
Johnson, Smiley, and Whiteside (AYES); Sharratt (NO).
4. Contract No. FY2025-37, Authorization To Purchase PFAS Free Turnouts With
Municipal Equipment Supply (MES) In The Amount Of $171,340
GRIFFIN moved to authorize the Borough Manager to approve Contract No.
FY2025-37 to purchase PFAS Free Turnouts with Municipal Equipment Supply
in the amount of $171,340.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin,
Johnson, Sharratt, Smiley, Whiteside, and Ames.
Kodiak Island Borough Assembly Regular Meeting Minutes
December 19, 2024 Page 3 of 7
Regular Meeting Minutes of December 19, 2024 Page 6 of 146
AGENDA ITEM #6.A.
5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And
Attendance Solution With TimeClock Plus, LLC (TCP) In The Amount Not To
Exceed $25,000
GRIFFIN moved to authorize the Borough Manager to approve Contract No.
FY2025-38 to purchase an Electronic Time and Attendance Solution with
TimeClock Plus, LLP (TCP) in the amount not to exceed $25,000.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Johnson,
Sharratt, Smiley, Whiteside, Ames, and Griffin.
6. Contract No. FY2025-39, Authorization For the Purchase Of A Bobcat With
Craig Taylor Company In The Amount Of $61,708.82 Plus The Cost Of Freight,
Insurance, And Maintenance Parts
GRIFFIN moved to authorize the Borough Manager to approve Contract No.
FY2025-39 for the purchase of a Bobcat with Craig Taylor Company in the
amount of $61,708.82 plus the cost of freight, insurance, and maintenance parts.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Sharratt,
Smiley, Whiteside, Ames, Griffin, and Johnson.
14.13. RESOLUTIONS — None.
14.C. ORDINANCES FOR INTRODUCTION
1. Ordinance No. FY2025-09, Amending Kodiak Island Borough Code Title 17
Zoning, Chapter 205 Amendments And Changes, Section 17.205.055
Submission To Assembly To Require Submission Of All Rezone Requests To
The Assembly For Review
GRIFFIN moved to advance Ordinance No. FY2025-09 to public hearing at the
next regular meeting of the Assembly.
ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Whiteside,
Ames, Griffin, Johnson, and Sharratt (AYES); Smiley (NO).
2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island
Borough Code Title 17 To Include Defined Intent And Development Standards
For Accessory Dwelling Units
GRIFFIN moved to advance Ordinance No. FY2025-11 to public hearing during
the Assembly's regular meetings scheduled for January 16, 2025, and February
6, 2025.
Kodiak Island Borough
December 19, 2024
Assembly Regular Meeting Minutes
Page 4of7
Regular Meeting Minutes of December 19, 2024 Page 7 of 146
AGENDA ITEM #6.A.
ROLL CALL VOTE ON THE MOTION TO POSTPONE INDEFINITELY
CARRIED FIVE TO ONE: Ames, Griffin, Johnson, Sharratt, and Smiley (AYES);
Whiteside (NO).
14.D. OTHER ITEMS
Abbreviated And Informal Hearing For The Continued Operations Of Restaurant
And Eating Place License Sizzler Burger/Peking Restaurant (License #2611)
And Restaurant And Eating Place License Second Floor Restaurant (License
#3293) During The Second Year Of Their Biennial License Period
GRIFFIN moved that the Kodiak Island Borough Assembly protest the continued
operation of Restaurant and Eating Place License (REPL) #2611 (Sizzler
Burger/Peking Restaurant) and REPL #3293 (Second Floor Restaurant) during
the second year of their biennial license period, for the reasons identified in the
Clerk's investigation, and direct the Clerk to advise the Alcoholic Beverage
Control Board of this objection and request for the revocation of both licenses.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ames,
Griffin, Johnson, Sharratt, Smiley, and Whiteside.
2. Confirmation Of Mayoral And Assembly Appointments To The Different Boards,
Committees, And Commissions
GRIFFIN moved to confirm the Mayoral appointments of the following:
Jon Melin and Doug Mathers for terms to expire December 31, 2027, and
Victor Weaver for a term to expire December 31, 2026, on the
Architectural & Engineering Review/Building Code of Appeals
James Arneson and Pisa Faumui for terms to expire December 31, 2027,
on the Parks and Recreation Committee
Athenas Williamson and Cort Neff for terms to expire December 31,
2027, on the Planning and Zoning Commission Borough seats.
• Leanna Harrington to the At Large seat for a term to expire December
31, 2027, and Douglas Hogen to the Construction Business
Representative seat for a term to expire December 31, 2027, on the Solid
Waste Advisory Board
And Assembly appointments of the following:
• Mark Anderson and Lee Robbins for terms to expire December 31, 2027,
on the Citizens Board of Equalization
• Alan Wolf and Dan Beehler for terms to expire December 31, 2027, on
the Mission Lake Tidegate Service Area
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin,
Johnson, Sharratt, Smiley, Whiteside, Ames, and Griffin.
3. Confirmation Of Assembly Appointment To The Bayview Road Service Area
Board Of Mr. Erik Grupp
Kodiak Island Borough
December 19, 2024
Assembly Regular Meeting Minutes
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Regular Meeting Minutes of December 19, 2024 Page 8 of 146
AGENDA ITEM #6.A.
GRIFFIN moved to confirm the Assembly appointment of Mr. Erik Grupp to the
Bayview Road Service Area Board for a term to expire October 2026.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Johnson,
Sharratt, Smiley, Whiteside, Ames, and Griffin.
4. Declaring A Seat Vacant On The Solid Waste Advisory Board (Ms. Terri Pruitt)
GRIFFIN moved to accept, with regret, the resignation of Ms. Terri Pruitt on the
Solid Waste Advisory Board effective November 11, 2024, and direct the
Borough Clerk to advertise the vacancy per Borough Code 2.100.070 (D).
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Sharratt
Smiley, Whiteside, Ames, Griffin, and Johnson.
5. Declaring A City Seat Vacant On The Planning and Zoning Commission (Mr.
Kent Cross)
GRIFFIN moved to accept, with regret, the resignation of Mr. Kent Cross on the
Planning and Zoning Commission effective November 26, 2024, and direct the
Borough Clerk to advertise the vacancy per Borough Code 2.100.070 (D).
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley,
Whiteside, Ames, Griffin, Johnson, and Sharratt.
15. CITIZENS' COMMENTS
Assessing Director Seema Garoutte spoked under citizen's comments.
16. ASSEMBLY MEMBERS' COMMENTS
• Assembly Member Whiteside wished everyone a safe and happy holiday season
and encouraged kindness.
• Assembly Member Griffin highlighted recent community events, discussed the
school district's timeline for decisions on potential closures, and extended
Christmas greetings to staff and Borough Manager Aimee and her family.
• Assembly Member Johnson expressed gratitude to newly appointed advisory
board members, acknowledged staff for keeping the touch tank open, and
suggested collaboration with the City of Kodiak to explore increasing restaurant
and eating place licenses.
• Assembly Member Ames thanked Assembly members, staff, and the public for
their contributions and encouraged community participation in meetings.
• Assembly Member Smiley praised the smooth flow of the meeting, emphasized
the importance of decisions made, and wished everyone warm holiday
greetings.
• Assembly Member Sharratt requested a contingency plan for potential school
closures, welcomed the burn victims from the White Sands Beach explosion
back to Kodiak, and reflected on the balance of freedom and equality in elected
positions. He concluded by wishing the community a joyful holiday season.
Kodiak Island Borough
December 19, 2024
Assembly Regular Meeting Minutes
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Regular Meeting Minutes of December 19, 2024 Page 9 of 146
17. ADJOURNMENT
AGENDA ITEM #6.A.
GRIFFIN moved to adjourn the meeting at 9:40 p.m.
VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY.
KODIAK ISLAND BOROUGH
Scott Arndt, Borough Mayor
Kodiak Island Borough
December 19, 2024
ATTEST:
Nova M. Javier, Borough Clerk
Assembly Regular Meeting Minutes
Page 7 of 7
Regular Meeting Minutes of December 19, 2024 Page 10 of 146
AGENDA ITEM #10.A.
KODIAK ISLAND BOROUGH
STAFF REPORT
JANUARY 16, 2025
ASSEMBLY REGULAR MEETING
SUBJECT: Ordinance No. FY2025-09, Amending Kodiak Island Borough Code Title 17
Zoning, Chapter 205 Amendments And Changes, Section 17.205.055
Submission To Assembly To Require Submission Of All Rezone Requests To
The Assembly For Review
ORIGINATOR: Chris French, CDD Director
RECOMMENDATION:
Move to adopt Ordinance No. FY2025-09.
DISCUSSION:
The Planning and Zoning Commission at its regular meeting of November 20, 2024, voted 4 to 0 with 3
absent commissioners, to forward a recommendation of approval for an amendment of KIBC Section
17.205.055 Submission to assembly, that would require all rezoning requests to go to the Assembly for
review. The current code requires a recommendation for denial to be appealed to the Assembly. The
Borough Attorney has informed Community Development staff and the Commission that this
requirement is not an appropriate use of an appeal request. In addition, the Community Development
Director informed the Commission that best planning practices require that all recommendations for
denial or approval go to the Assembly for review and final action unless the applicant requesting the
change in zoning withdraws the application.
The Commission justified its decision on this amendment based on the 2008 Comprehensive Plan
goal, which states, "... continue to update and improve the effectiveness of Borough policies, plans,
regulations and procedures" and on best planning practices. The ordinance includes a provision that
the Assembly schedule the ordinance for 1st reading within 60 days of receiving the ordinance from the
Commission. An amendment was made at the public hearing to provide additional time to the
Community Development Department to transmit a rezone recommendation to the Assembly and
additional time for the Assembly to schedule the rezone case for 1st reading; the original timeframe for
both actions was 30 days. This change provides 60 days for these actions to occur.
The Commission conducted two public hearings on this amendment: one on October 16, 2024, and
the second on November 20, 2024. No one spoke in support or opposition to this ordinance. One
person spoke to request 60 days instead of 30 days for transmittal and scheduling of the 1st reading of
a rezoning ordinance.
ALTERNATIVES:
Approve, amend, or deny the ordinance.
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough
Ordinance No. FY2025-09, Amending Kodiak Island Borough Code Title 17 Zo... Page 11 of 146
AGENDA ITEM #10.A.
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KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2025-09
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
KODIAK ISLAND BOROUGH CODE TITLE 17 ZONING, CHAPTER 205 AMENDMENTS AND
CHANGES, SECTION 17.205.055 SUBMISSION TO ASSEMBLY TO REQUIRE SUBMISSION
OF ALL REZONE REQUESTS TO THE ASSEMBLY FOR REVIEW
WHEREAS, the Kodiak Island Borough Assembly adopted this Chapter of Title 17 under
Ordinance No. 83-58-0 with subsequent amendments adopted under Ordinance No. FY2018-
14 and Ordinance No. FY2019-15; and
WHEREAS, the Community Development Department Director, working with the Borough
Attorney, has identified the need to update this section of the code; and
WHEREAS, the Commission reviewed the issues with this chapter at work sessions on January
10, 2024, and March 13, 2024, directing the Community Development Director to schedule this
code amendment to a future available public hearing date; and
WHEREAS, a 2008 comprehensive plan goal states "continue to update and improve the
effectiveness of Borough policies, plans, regulations and procedures."; and
WHEREAS, the Planning and Zoning Commission finds that this amendment is in conformance
with the 2008 comprehensive plan and best planning practices.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: That's Section 17.205.055 Submission to assembly of the Kodiak Island Borough
Code of Ordinances is amended to read as follows:
17.205.055 Submission to assembly.
Ordinance No. FY2025-09
Page 1 of 2
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Unless the commission recommends denial of the zoning map amendment and the
applicant requests that the recommendation not be forwarded to the assembly for
consideration, within 60 days after the commission has acted upon a proposed zoning
change pursuant to KIBC 17.205.060, a report with recommendations shall be submitted
to the assembly together with the proposed ordinance adopting the zoning map
amendment. Such recommendations of the commission shall be advisory only and shall
not be binding upon the assembly. The Assembly shall consider the commission
recommendation within 60 days after the receipt of the report and proposed ordinance.
When an ordinance has been forwarded to the assembly, the assembly shall act pursuant
to this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk.
Effective Date: This ordinance takes effect upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2024
KODIAK ISLAND BOROUGH
Scott Arndt, Borough Mayor
Introduced by: Planning and Zoning Commission
First reading:12/19/2024
Second reading/public hearing: 1/16/2025
VOTES:
Ayes:
Noes:
Ordinance No. FY2025-09
ATTEST:
Nova M. Javier, MMC, Borough Clerk
Page 2 of 2
Ordinance No. FY2025-09, Amending Kodiak Island Borough Code Title 17 Zo... Page 13 of 146
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, Borough Manager
RE: Manager's Report, January 16, 2025
Manager's Department
Kodiak Island Borough School District —
Assembly Member Whiteside, Mayor Arndt, and I attended KIBSD Town Hall Meeting
on Monday, January 13, 2025. The Board of Education meets again tonight for a
Budget Retreat. The final decision is scheduled for a Board of Education Regular
Meeting on Monday, January 20, 2025.
Russian Riverbank Stabilization —
We have a meeting tomorrow morning with officials from the Alaska Division of the US
Army Corps of Engineers. We are scheduled to discuss the Corps project development
process, feasibility study initiation, federal/local responsibilities, and requirements, and
perspectives from the Corps' experience with the Kenai River Bluffs project. We will also
be asking them about their thoughts on re-channelization of the river to its historical
channels. This is something that has been done in the Soldotna area.
Airport Parking Improvements —
You were forwarded a copy of Phase I of the Kodiak Airport Long Term parking
changes. Beginning February 1,2025, the parking policy at Kodiak Airport will be
updated in accordance with 17 AAC 45.090.
Key Points of the New Policy:
• 14-Day Parking Limit: Vehicles parked for more than 14 days will be identified
and subject to relocation.
• Enforcement Begins February 1, 2025: Any vehicle identified as being on airport
property for more than 14 days as of this date will be moved to an alternate
location.
• Impoundment Process:
o Vehicles not retrieved after 90 days from the date of relocation will be
subject to disposal under 17 AAC 45.115.
Owners will be responsible for any applicable fees and may be required to
retrieve their vehicle from the impound lot.
Compliance Reauirements:
All individuals parking vehicles at Kodiak Airport are expected to adhere to the
new 14-day limit.
Unauthorized parking, abandonment, or violation of the posted time limits will
result in enforcement actions as outlined in 17 AAC 45.090 and 17 AAC 45.115.
Impoundment Process Highlights:
• The airport manager will attempt to identify and contact the vehicle owner.
• A warning tag or notice will be attached to vehicles parked in violation, stating the
time frame for removal (no less than 48 hours and no more than 14 days).
• Vehicles not removed within the stated period will be relocated, at which time the
vehicle will be considered permanently abandoned and disposal procedures will
follow after 90 days.
Service District Contracts Timeline —
• Ready for advertising by March 24t"
• Opening on or before April 18'
• Contracts in front of Assembly on April 24t"
• Permission to sign requested on May 1st
US Coast Guard -
• The first new Coast Guard Cutter that is scheduled to be home -ported in Kodiak
is scheduled to arrive soon. It has successfully made it to Sand Diego on January
10, 2025. This is a Sentinel -class cutter, also known as a Fast Response Cutter
(FRC). This class of cutter is named after enlisted Coast Guard heroes and
Kodiak's first FRC is the John Witherspoon. There will be a commissioning
ceremony at some point in April.
• Specs — 154 ft long, 25 feet wide, Draft = 9.6ft, Range = 2500 nautical miles,
Crew = 24
• In this phase of Coast Guard expansion, three FRCs will come to Kodiak.
However, only two will be homeported here, and one will eventually go to
Seward.
FY26 KIBSD Local Contribution Funding Window —
Minimum = $6,703,145 Maximum = $13,936,676
(Infographic is in the works to explain how these numbers are calculated)
KIB Staff Retention —
Department Directors from Assessing, Community Development, and Information
Technology have started the process to review their department job descriptions and
create pathways for employees to advance in their departments. The goal is to create
more opportunities to advance in departments so that KIB can recognize the training,
education, or certifications that our staff members receive. This can be as simple as
expanding levels of a job description such as PC Tech I and PC Tech II. We are also
evaluating the merits of creating trainee positions with a course of education and
experience that would be offered to move them up to the next step. We successfully do
this with on-the-job training at the Leachate treatment plant and we are looking to be
able to do that in other departments if applicable.
Governor Dunleavy's Budget —
January 21, 2025 — First day of session
February 4, 2025 — 15' day of session, Supplemental bill introduced
February 19, 2025 — 301" day of session, Governor's Amended budget introduced
April 20, 2025 — 901" day of session, statutory end of session
May 21, 2025 — 121s' day of session, constitutional end of session, if extended
Budget Information can be found at https://omb.alaska.gov/
Current Recruitments —
• Associate Planner — Long Range
• Associate Planner — Code Enforcement
• Appraiser Tech — Offer was made and accepted. Our newest Appraiser Tech
starts on January 21 st
Finance Department
Severance Tax and Transient Accommodations Tax Reporting/Payment Deadline
The reporting and payment deadline for activity occurring October 1st through December
31 st is January 31 st. Even those who have no activity during the reporting period must
submit a report in order to avoid a No Filing Penalty.
FY2024 Popular Report -
Popular Report is on our website and the printer plans to begin mailing them by January
21 st.
2024 Foreclosure Process —
Staff is beginning the foreclosure process for properties that have unpaid/delinquent tax
balance. The first step of this process is the publication of a delinquent tax list in the
local newspaper, which is planned for February. In order to avoid the first step in the
process and being published on this list, tax payments must be received in our office on
or before January 31, 2025.
Property Assessment and Taxation Implementation Project —
Staff is back to regularly scheduled meetings with the Tyler Implementation team. Main
focus is still with the Assessing department and the project is currently 21 % complete.
Go -live date is still expected to be June 25, 2025.
Community Development
Planning & Zoning Commission —
The regular meeting of the Planning & Zoning Commission was canceled for January
15, 2025, because no cases were filed for that meeting.
Parks and Recreation Committee Meeting -
The Committee met on January 14, 2025, to review the survey results from the parks
and open space survey created by the Community Development Department. The
Committee encouraged borough staff to pick a recreation facility to propose an update
to the Borough Assembly for the FY2026 budget. This update to a recreational facility is
to improve safety for users, especially children.
Hydrology and Hydraulics Study — Russian River and Sargent Creek -
The latest quarterly report was submitted to the Alaska Division of Homeland Security
and Emergency Management on January 10, 2025. As reported by the consultant, River
Focus, Inc., the project is approximately 60% complete and on schedule to be
completed before the FEMA grant deadline of November 2025.
Assessing
Field Work —
Has been completed.
Senior Citizen / Disable Veteran exemptions —
The 2025 application season has begun. Assembly members Ryan Sharratt, Bo
Whiteside and Steve Ames all helped call Seniors and Disabled Veterans.. At total of
135 seniors and 18 Disabled Veterans were called. Assessing thanks all three assembly
members, Manager Williams, and Finance Departments Leexan Data for all the phone
calls they made on our behalf.
Village travel dates for SC/DV exemptions:
Assessing and KANA will be presenting to the Assembly on February 27.
Values -
Assessing has not seen a leveling or decrease in values for properties. Sales continue
to increase compared to assessed values.
Position Opportunities —
A verbal acceptance with a start date of Jan. 21, 2025 is being processed for the
Appraiser Tech position.
Tyler Conversion —
• Assessing continues to run queries for cleanup and is preparing for file transfer
as well as verifying the data in the new system. Assessing has also been tasked
with coordinating both Tyler IT and KIB IT for information on where the
information lives in our PACS system and where Tyler needs to pull from.
• The Apex sketch test is scheduled for the end of January.
• Several issues with the Harris software have popped up during our cleanup.
Engineering and Facilities
Staff is discussing the FY2026 Budget considerations and is participating in prioritization
for project and vehicle/machinery requests.
Borough Building -
Borough second floor hallway. Asbestos testing has been performed associated
with a roof drain leak has been accomplished. An emergency abatement will be
performed on the insulated roof drain piping to allow for the leak to be repaired
by the staff and plumbers.
Borough Building Boiler Installation —
• Progress has been noted. Attempts to contact the contractor have not been
returned. Heat has been consistent and adequate to date throughout the facility.
Mental Health Buildings —
• Water shut down has been completed by the City of Kodiak Public Works
Department. The extensive work has resulted in the installation of a new shut off
and copper pipe installation to allow for future legal water connections on this
site. Thanks to the City of Kodiak staff for the associated work.
• Awaiting contact form the contractor regarding the test results associated with
sampling performed on 1/9/2025. Anticipate the required abatement and
demolition plan soon. Anticipate that the work will start in the middle of February
2025.
• ACS / GCI to be contacted regarding communication lines associated and
transiting the property for identification or removal.
• KIB staff to remove small vegetation on the exterior of the facilities prior to
abatement beginning.
KFRC —
• GSA meeting scheduled for January 27 for discussions related to R&R work list
and discussion regarding prioritization.
• Discussed possible reimbursement for procured carpet that was not installed in
the KFRC Library associated with the NOAA leased space. Staff is gathering cost
information for GSA.
• Awaiting GSA revised contract amount for required water testing. No return
contact has been received. The due date for sampling and receipt of data will be
extended to reflect the delay.
• Staff continues to wait for a request for additional electrical circuits have been
priced for GSA consideration to accommodate additional chillers for NOAA.
Project to be funded on the next fiscal year's budget.
• Seawater pumps or drains have been stabilized and are being monitored.
Seawater intakes are being cleared and flushed. KIB staff is working to
determine the seawater pump capacity and evaluate replacement of aging
components.
The replacement of the existing ozone decontamination system will be advertised
soon. Staff has discussed with the manager and are reviewing the package with
the engineering consultant prior to advertising to ensure completeness.
KFRC Elevator Maintenance Contract —
Vendors have been in contact with questions. Addendum has been prepared. Bid
opening is scheduled for 1/22/2025.
X71TIGIME
• Baler building tipping floor requires caulk be applied in the relief cuts. Product
has been delayed.
• Caterpillar track hoe issues have been resolved. Awaiting correct sensor to repair
the CAT dozer. Repairs and replacement of sensors is scheduled to be
performed this week.
• Sensors are ordered and enroute to Kodiak for repair of the "rock" dump truck.
• Staff is continuing to investigate the Compliance Order by Consent (COBC)
associated with the storm water violations. A well installation RFP was drafted to
gather data to inform the cause of the storm water violations. Unfortunately, there
were no bidders for the project.
Leachate Treatment Plant —
Leachate lagoon continues to intermittently overflow due to recent rain events.
Discharges are being documented and reported to the ADEC as required by the
permits.
The first of the two new process pumps has been installed. Second replacement
pump has been received. A third critical spare is being procured.
New ZEE —WEED filters are being installed in the cassettes. This will improve the
overall throughput of the plant.
I'N 1 *91Z
Peterson School Roof —
KIB staff is awaiting a final determination for the final repair of the flashing that
failed. Anticipate the warranty work will not be completed until spring. Roof has
not had any additional leaks reported.
Chiniak School —
Electrical step-down transformer delivery was delayed due to California fires.
New order to be delivered 1/16. Overtime will be authorized for installation.
Potential Closure -
Awaiting the KIBSD decision regarding a possible school closure decision on
January 20, 2025.
Service Areas —
Staff has been directed to prepare new service area contracts in accordance with the
requirements of the Alaska Department of Labor. The deadline to have these contracts
awarded is May 1, 2025.
Information Technology
(Changes from the last reporting period are in bold)
Policy Development -
• IT Network documentation development.
• Disaster Recovery Policy development
• GIS documentation development
PACS Migration —
• IT is assisting with the PACS migration — working with Assessing on exporting
sketch information from PACS to Apex Sketch
1. IT has provided Apex sample data from our PACS system to see if it can
be migrated to Apex Sketch
a. Apex Sketch has sent us 100 sample diagrams created from data
extracted from our PACS database for our review.
2. IT provided guidance regarding how PACS land —detail table is
related to the land schedule table.
3. Tyler has updated their testing site with October 2024 PACS data.
State and Local Cyber Security Grant Program (SLCGP) -
• IT is working on meeting compliance requirements for the PCI-DSS (credit card
security standard) certification.
• IT is working on remediating security findings from the SLCGP
Cybersecurity Audit.
1. Fixed insecure cypher cryptography types on the GIS server and
Esuite server.
• Working on two RFPs for the 2023 Grant awards to KIB
1. Immutable Backup and Tape Library upgrade
2. KIB firewall and switch upgrade project
Security -
• Removed public access to our PRGT server and requiring users to connect
via vpn for more secure access.
• The IT department is developing an approval workflow in our helpdesk software
to streamline and document the process for approving user access requests,
including the creation and modification of user accounts, email access, and other
IT -related permissions.
Hardware -
• Working with E&F at the LTP to upgrade their Rockwell Automation SCADA
monitoring pc equipment.
1. Received license and are working with the contracted
Engineer to get Rockwell software updated.
2. Working with Engineering and the contracted Engineering
team on setting up secure remote access for the contractor.
• IT is applying asset tags to our IT assets.
1. KIB building is 95% completed.
1. Monitors - KIB Building completed.
2. Networking equipment - 70% completed.
• IT is upgrading memory on KIB workstations
Network -
Working on switch configuration backup and configuration repository.
1. GitHub vs another internal solution
Administration -
• Working with GCI to add caller ID of 'Kodiak Borough' to all 6 Assessing
numbers.
• Created and setup two workstations for new employees and Finance
Auditors
• Updated automated Secure File Transfer Protocol changes to download
Assessing data from Department of Natural Resources for Assessing
Software —
• Laserfiche:
1. IT is working with the Deputy Clerk:
a. IT is creating a sample workflow for their evaluation.
• It is setting up and configuring bayside.gov for the Bayside Fire
Department staff.
GIS -
• Working on GIS departmental Documentation and policies
• Working on migrating on premise map imagery to the ESRI cloud, which would
reduce KIB on premise requirements for hosting online KIB maps.
• Property ID reviews ongoing, roughly 90 remaining.
• Planning and Zoning meeting map requirements completed.
Reminders for Budget Discussions for FY26
1. Non-profit use of opioid settlement funds
2. Accommodations tax — Breakdown / Amount in Fund / Regulations about using those funds
3. Consideration of adding more to the junk vehicle removal line item
AGENDA ITEM #14.B.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
JANUARY 16, 2025
ASSEMBLY REGULAR MEETING
SUBJECT: Resolution No. FY2025-12 Authorizing The Borough To Issue A General
Obligation School Refunding Bond To Refund Certain Principal Installments Of
An Outstanding General Obligation School Bond Of The Borough And To Pay
Costs Of Issuing The Bond, Fixing Certain Details Of Such Bond, Authorizing
Its Sale, And Providing For Related Matters
ORIGINATOR: Dora Cross, Finance Director
RECOMMENDATION:
Move to adopt Resolution No. FY2025-12.
DISCUSSION:
The Borough received notification from the Alaska Municipal Bond Bank Authority (AMBBA),
that the Borough's 2015 Series bonds were eligible for refunding. Due to the cost of refunding
(not including attorney fees which is paid directly by the municipality), AMBBA sets the
minimum aggregate savings criteria necessary for refunding at 3%. If the aggregate savings
percentage is less than 3% at pricing, which is expected to be early February 2025, the bond
bank will not present the series for refunding. The savings rate is dependent on the interest
rate and investment environment, and will change daily until the day of pricing. At the
November valuation date, 10 of the segments qualified with a potential savings amount of
$420 thousand. At the December valuation date, nine segments qualified as with savings
greater than 3% and two other segments showed positive savings of less than 3%; at total
potential of $382 thousand.
Using the latest potential savings number of $382 thousand, and assuming the State of
Alaska continues to reimburse school bond construction debt payments at 70%, direct
savings to local taxpayers would be $94 thousand ($382 x 30% - $20,000 attorney fees).
The Borough has contracted with the Alaska firm of Jermain, Dunnagan & Owens, PC, who is
also the attorney for three other municipalities participating in the refunding.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough
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AGENDA ITEM #14.B.1.
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KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2025-12
A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE
BOROUGH TO ISSUE A GENERAL OBLIGATION SCHOOL REFUNDING BOND TO REFUND
CERTAIN PRINCIPAL INSTALLMENTS OF AN OUTSTANDING GENERAL OBLIGATION
SCHOOL BOND OF THE BOROUGH AND TO PAY COSTS OF ISSUING THE BOND, FIXING
CERTAIN DETAILS OF SUCH BOND, AUTHORIZING ITS SALE, AND PROVIDING FOR
RELATED MATTERS
WHEREAS, the Kodiak Island Borough, Alaska (the "Borough"), is a second-class borough
and is authorized to take the actions in this Resolution; and
WHEREAS, pursuant to Borough Ordinance No. FY2010-03, adopted August 6, 2009,
approved by a majority of the qualified voters voting on the proposition at the
regular Borough election held on October 6, 2009, and Resolution FY2016-05,
adopted August 20, 2015 (the "Bond Resolution"), the Borough issued its
General Obligation School Bond, 2015 Series A (the "2015 Bond") in the original
principal amount of $6,210,000, of which $4,140,000 is now outstanding; and
WHEREAS, the Borough sold the 2015 Bond to the Alaska Municipal Bond Bank (the "Bond
Bank") pursuant to the terms of a loan agreement by and between the Borough
and the Bond Bank, dated September 1, 2015 (the "Loan Agreement'); and
WHEREAS, the Bond Bank purchased the 2015 Bond with proceeds from its General
Obligation Bonds, 2015 Series Three (the "2015 Bond Bank Bonds"), among
other purposes, to provide funds to purchase the 2015 Bond, as provided in the
Loan Agreement; and
WHEREAS, the Bond Bank has expressed its intent to issue refunding bonds (the "Bond Bank
Refunding Bonds") for the purpose of refunding the 2015 Bond Bank Bonds and
achieving a debt service savings; and
WHEREAS, Section 6 of the Loan Agreement provides that payments of principal and interest
on the 2015 Bond may be adjusted to reduce debt service on the 2015 Bond if
the Bond Bank is able to achieve debt service savings by refunding the 2015
Bond Bank Bonds; and
WHEREAS, the Bond Bank has offered to enter into an Amendatory Loan Agreement (the
"Amendatory Loan Agreement") to effect a reduction in debt service on all or a
portion of the principal installments of the outstanding 2015 Bond payable on or
after October 1, 2025 (the "Refundable Principal Installments"); and
WHEREAS, the Assembly finds that it is necessary and appropriate to effect a reduction in
debt service on all or a portion of the Refundable Principal Installments by
entering into the Amendatory Loan Agreement and issuing a General Obligation
School Refunding Bond, 2025 (the "Bond") in exchange for the 2015 Bond and
participating in the refunding of the 2015 Bond Bank Bonds; and
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WHEREAS, the Assembly finds that it is necessary and appropriate to delegate to each of
the Borough Manager and Borough Finance Director authority to determine the
principal installments, interest rates and other details of the Bond, and to
determine other matters pertaining to the Bond that are not provided for in this
Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH:
SECTION 1. Definitions. In addition to terms which are defined in the recitals above, the
following terms shall have the following meanings in this Resolution:
(A) "Assembly" means the Assembly of the Kodiak Island Borough, as the
general legislative authority of the Borough, as the same shall be duly and
regularly constituted from time to time.
(B) "Bond" means the "General Obligation School Refunding Bond" of the
Borough, the issuance and sale of which are authorized herein.
(C) "Bond Bank" means the Alaska Municipal Bond Bank, a public corporation
of the State of Alaska.
(D) "Bond Bank Bonds" means the general obligation refunding bonds to be
issued by the Bond Bank, a portion of the proceeds of which will be used
to refund by exchange the Refundable Principal Installments.
(E) "Bond Register" means the registration books maintained by the Registrar,
which include the name and address of the Registered Owner or its nominee.
(F) "Borough" means the Kodiak Island Borough, a municipal corporation of
the State of Alaska, organized as a second class borough under Title 29 of
the Alaska Statutes.
(G) "Borough Manager" means the Manager or Administrative Official of the
Borough.
(H) "Borough Finance Director" means the Finance Director of the Borough.
(1) "Code" means the Internal Revenue Code of 1986, as amended from time
to time, together with all regulations applicable thereto.
(J) "Loan Agreement' means the Loan Agreement between the Borough and
the Bond Bank, dated September 1, 2015.
(K) "Refundable Principal Installments" means the principal installments of the
2015 Bonds the refunding of which the Borough Manager or Borough
Finance Director determines will produce a debt service savings under
Section 2.
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AGENDA ITEM #14.B.1.
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(L) "Registered Owner" means the person named as the registered owner of
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the Bond in the Bond Register.
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(M) "Registrar" means the Borough Finance Director.
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(N) "Resolution" means this Resolution of the Assembly.
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(0) "2015 Bond" means the Borough's $6,210,000 General Obligation School
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Bond, 2015 Series A, dated September 16, 2015, of the Borough issued
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pursuant to Resolution No. FY2016-05, adopted by the Borough Assembly
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on August 20, 2015.
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SECTION 2. Authorization of Bond and Purpose of Issuance. For purposes of effecting the
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refunding by exchange of the Refundable Principal Installments and to pay all
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costs incidental thereto and to the issuance of the Bond, in the manner set forth
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in this Resolution and in the Amendatory Loan Agreement, the Borough hereby
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authorizes and determines to issue and sell the Bond.
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The Borough hereby authorizes the Borough Manager and the Borough Finance
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Director to designate which Refundable Principal Installments of the 2015 Bond
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shall be refunded, provided the Refundable Principal Installments so designated
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shall realize an aggregate debt service savings on a present value basis of at
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least three percent (3%), net of all issuance costs and underwriting discount.
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The Borough Manager or Borough Finance Director is hereby authorized to
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execute and deliver the Amendatory Loan Agreement on behalf of the Borough
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and to deliver the Bond executed in accordance with, and subject to, Section 13
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hereof.
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SECTION 3. Obligation of Bond. The Bond shall be a direct and general obligation of the
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Borough, and the full faith and credit of the Borough are hereby pledged to the
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payment of the principal of and interest on the Bond. The Borough hereby
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irrevocably pledges and covenants that it will levy and collect taxes upon all
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taxable property within the Borough without limitation as to rate or amount, in
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amounts sufficient, together with other funds legally available therefor, to pay the
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principal of and interest on the Bond as the same become due and payable.
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SECTION 4. Designation, Principal Installments, Interest Rates and other Details of the Bond.
The Bond shall be designated "Kodiak Island Borough, Alaska General
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Obligation School Refunding Bond, 2025," with such designation as the Registrar
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deems necessary for purposes of identification, and may have endorsed thereon
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such legends or text as may be necessary or appropriate to conform to the rules
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and regulations of any governmental authority or any usage or requirement of
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law with respect thereto. Principal installments of the Bond shall be in the
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denomination of $5,000 or any integral multiple thereof. The aggregate principal
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amount, amount per principal installment, interest rates, dated date and principal
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and interest payment dates of the Bond shall be determined at the time of
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execution of the Amendatory Loan Agreement.
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AGENDA ITEM #14.B.1.
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SECTION 5. Prepayment. The principal installments of the Bond shall be subject to
prepayment prior to maturity as provided in the Amendatory Loan Agreement.
SECTION 6. Form of Bond. The Bond shall be in substantially the following form, with such
variations, omissions and insertions as may be required or permitted by this
Resolution:
UNITED STATES OFAMERICA
STATE OF ALASKA
KODIAK ISLAND BOROUGH, ALASKA
(A Municipal Corporation of the State of Alaska)
NO. GOR- $
GENERAL OBLIGATION REFUNDING SCHOOL BOND, 2025
REGISTERED OWNER: ALASKA MUNICIPAL BOND BANK
PRINCIPAL AMOUNT:
The Kodiak Island Borough, Alaska (the "Borough"), a municipal
corporation of the State of Alaska, hereby acknowledges itself to owe and for
value received promises to pay to the Registered Owner identified above, or
its registered assigns, the Principal Amount indicated above in the following
installments on 1 of each of the following years, and to pay
interest on such installments from the date hereof, payable on
1, 20_, and semiannually thereafter on the first days of
and of each year, at the rates per annum as follows:
Principal Interest
Year Amount Rate
For so long as the Alaska Municipal Bond Bank (the "Bond
Bank") is the Registered Owner of the Bond, payment of principal and interest
shall be made as provided in the Loan Agreement between the Bank and
the Borough, dated September 1, 2015, as amended _, 2025
(together, the "Loan Agreement'). In the event the Bond Bank is no longer the
Registered Owner of the Bond, payment of principal of and interest on this
Bond will be made by check or draft mailed by first class mail to the
registered owner at the address appearing on the bond register of the
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Borough on or before the payment date, provided that the final installment of
principal and interest on this Bond will be payable at the office of the
Borough Finance Director (the "Registrar") upon surrender of this Bond.
Interest shall be computed on the basis of a 360-day year composed of
twelve 30-day months. Both principal of and interest on this bond are payable
in lawful money of the United States of America which, on the respective dates
of payment thereof, shall be legal tender for the payment of public and private
debts.
This Bond is the General Obligation School Refunding Bond of the
Kodiak Island Borough, Alaska, authorized for the purpose of refunding certain
principal installments of an outstanding general obligation school bond of the
Borough and is issued by the Borough under Resolution No. FY2025-_ of the
Borough entitled:
A RESOLUTION OF THE KODIAK ISLAND BOROUGH
ASSEMBLY AUTHORIZING THE BOROUGH TO ISSUE A
GENERAL OBLIGATION SCHOOL REFUNDING BOND TO
REFUND CERTAIN PRINCIPAL INSTALLMENTS OF AN
OUTSTANDING GENERAL OBLIGATION SCHOOL BOND OF
THE BOROUGH AND TO PAY COSTS OF ISSUING THE
BOND, FIXING CERTAIN DETAILS OF SUCH BOND,
AUTHORIZING ITS SALE, AND PROVIDING FOR RELATED
MATTERS
(herein called the "Resolution").
Installments of principal of this Bond payable on and after
1, 20_, shall be subject to prepayment on and after 1, 20_,
at the option of the Borough, subject to any applicable provisions of the Loan
Agreement, and in such principal amounts and from such maturities as the
Borough may determine, and by lot within a maturity, at a redemption price
equal to the principal amount to be prepaid, plus accrued interest to the date of
prepayment.
This Bond is transferable as provided in the Resolution, (i) only upon
the bond register of the Borough, and (ii) upon surrender of this Bond
together with a written instrument of transfer duly executed by the registered
owner or the duly authorized attorney of the registered owner, and thereupon
a new fully registered Bond or Bonds in the same aggregate principal amount
and maturity shall be issued to the transferee in exchange therefor as
provided in the Resolution and upon the payment of charges, if any, as
therein prescribed. The Borough may treat and consider the person in whose
name this Bond is registered as the absolute owner hereof for the purpose of
receiving payment of, or on account of, the principal or redemption price,
if any, hereof and interest due hereon and for all other purposes whatsoever.
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AGENDA ITEM #14.B.1.
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This Bond is a general obligation of the Borough, and the full faith and
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credit of the Borough are pledged for the payment of the principal of and interest
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on the Bond as the same shall become due.
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IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts,
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or things required by the constitution or statutes of the State of Alaska to exist,
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to have happened, or to have been performed precedent to or in the issuance
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of this Bond, exist, have happened, and have been performed, and that the
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series of Bonds of which this is one, together with all other indebtedness of the
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Borough, is within every debt and other limit prescribed by said constitution or
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statutes.
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IN WITNESS WHEREOF, THE KODIAK ISLAND BOROUGH,
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ALASKA, has caused this Bond to be signed in its name and on its behalf
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by its Mayor and its corporate seal to be hereunto impressed or otherwise
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reproduced and attested by its Clerk, all as of the ___ day of , 20
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/specimen/
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Borough Mayor
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ATTEST:
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/specimen/
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Borough Clerk
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SECTION 7. Execution. The Bond shall be executed in the name of the Borough by the
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manual or facsimile signature of the Mayor, and its corporate seal (or a facsimile
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thereof) shall be impressed or otherwise reproduced thereon and attested by the
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manual or facsimile signature of the Borough Clerk or acting Borough Clerk. The
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execution of the Bond on behalf of the Borough by persons who at the time of
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the execution are duly authorized to hold the proper offices shall be valid and
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sufficient for all purposes, although any such person shall have ceased to hold
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office at the time of delivery of the Bond or shall not have held office on the date
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of the Bond.
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SECTION 8. Payment of Principal and Interest. The Bond shall be payable in lawful money of
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the United States of America which at the time of payment is legal tender for the
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payment of public and private debts. When the Bond Bank is the Registered
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Owner of the Bond, payment of principal and interest on the Bond shall be made
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as provided in the Loan Agreement, as amended by the Amendatory Loan
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Agreement. If the Bond Bank is not the Registered Owner of the Bond,
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installments of principal and interest on the Bond shall be paid by check mailed
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by first class mail to the Registered Owner as of the record date for the
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installment payment at the address appearing on the Bond Register; provided
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that the final installment of principal and interest on the Bond shall be payable
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upon presentation and surrender of the Bond by the Registered Owner at the
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office of the Registrar.
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SECTION 9. Registration. The Bond shall be issued only in registered form as to both principal
and interest. The Registrar shall keep, or cause to be kept, the Bond Register
at the principal office of the Borough. The Borough and the Registrar may treat
the person in whose name any Bond shall be registered as the absolute owner
of such Bond for all purposes, whether or not the Bond shall be overdue, and all
payments of principal of and interest on the Bond made to the Registered Owner
thereof or upon its order shall be valid and effectual to satisfy and discharge the
liability upon such Bond to the extent of the sum or sums so paid, and neither
the Borough nor the Registrar shall be affected -by any notice to the contrary.
SECTION 10. Transfer and Exchange. The Bond shall be transferred only upon the books for
the registration and transfer of Bond kept at the office of the Registrar. Upon
surrender for transfer or exchange of any Bond at such office, with a written
instrument of transfer or authorization for exchange in form and with guaranty of
signature satisfactory to the Registrar, duly executed by the Registered Owner
or the duly authorized attorney of the Registered Owner, the Borough shall
execute and deliver an equal aggregate principal amount of Bond of the same
maturity of any authorized denominations, subject to such reasonable
regulations as the Borough may prescribe and upon payment sufficient to
reimburse it for any tax, fee or other governmental charge required to be paid in
connection with such transfer or exchange. A Bond surrendered for transfer or
exchange shall be canceled by the Registrar.
SECTION 11. Bond Mutilated, Destroyed, Stolen or Lost. Upon surrender to the Registrar of a
mutilated Bond, the Borough shall execute and deliver a new Bond of like
maturity and principal amount. Upon filing with the Registrar of evidence
satisfactory to the Borough that a Bond has been destroyed, stolen or lost and
of the ownership thereof, and upon furnishing the Borough with indemnity
satisfactory to it, the Borough shall execute and deliver a new Bond of like
maturity and principal amount. The person requesting the execution and delivery
of a new Bond under this section shall comply with such other reasonable
regulations as the Borough may prescribe and pay such expenses as the
Borough may incur in connection therewith.
SECTION 12. Tax Covenants. The Borough covenants to comply with any and all applicable
requirements set forth in the Code in effect from time to time to the extent that
such compliance shall be necessary for the exclusion of the interest on the Bond
form gross income for federal income tax purposes. The Borough covenants that
it will make no use of the proceeds of the Bond that will cause the Bond or the
Refunded Bonds to be "arbitrage bonds" subject to federal income taxation by
reason of Section 148 of the Code. The Borough covenants that it will not take
or permit any action what would cause the Bond to be a "private activity bond"
as defined in Section 141 of the Code.
SECTION 13. Exchange of Bonds. The Bond shall be delivered to the Bond Bank in exchange
for the 2015 Bond. The Borough has been advised by the Bond Bank that bond
market conditions are fluctuating and that the most favorable market conditions
for the sale of the Bond Bank Bonds may not occur on the date of a regular
Assembly meeting. The Assembly has determined that it would be inconvenient
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to hold a special meeting on short notice to approve the terms of the Bond.
Therefore, the Assembly hereby determines that it is in the best interest of the
Borough to delegate the authority to approve the terms of the Bond as provided
herein. Each of the Borough Manager and the Borough Finance Director is
hereby authorized to determine the aggregate principal amount, amount per
installment, interest rates, dated date and principal and interest payment dates
and prepayment provisions, if any, for the Bond, so that such terms of the Bond
conform to the terms of the Bond Bank Bonds, provided that (i) no principal
installment of the Bond shall exceed the principal amount of the corresponding
maturity of the Bond Bank Bonds allocated to the Borough, and (ii) the interest
rate on each principal installment shall not exceed the interest rate on the
corresponding maturity of the Bond Bank Bonds. Based on the foregoing
determinations, the Borough Manager and the Borough Finance Director each is
authorized to negotiate, execute and deliver the Amendatory Loan Agreement.
SECTION 14. Authority of Officers. The Borough Manager, the Borough Finance Director, the
Borough Clerk and the acting Borough Clerk are, and each of them hereby is,
authorized and directed to do and perform all things and determine all matters
not determined by this Resolution, to the end that the Borough may carry out its
obligations under the Bond and this Resolution.
SECTION 15. Ongoing Disclosure. The Borough acknowledges that, under Rule 15c2-12 of the
Securities and Exchange Commission (the "Rule"), the Borough may now or in
the future be an "obligated person" with respect to the Bond Bank Bonds. In
accordance with the Rule and as the Bond Bank may require, the Borough shall
undertake to provide certain annual financial information and operating date as
reasonably requested by the Bond Bank.
SECTION 16. Miscellaneous.
(a) All payments made by the Borough of, or on account of, the principal of or
interest on the Bond shall be made on the Bond ratably and in proportion
to the amount due thereon, respectively, for principal or interest as the case
may be.
(b) No recourse shall be had for the payment of the principal of or the interest
on the Bond or for any claim based thereon or on this Resolution against
any member of the Assembly or officer of the Borough or any person
executing the Bond. The Bond are not and shall not be in any way a debt
or liability of the State of Alaska or of any political subdivision thereof,
except the Borough, and do not and shall not create or constitute an
indebtedness or obligation, either legal, moral or otherwise, of said state or
of any political subdivision thereof, except the Borough as set forth in the
Bond Legislation.
SECTION 17. Severability. If any one or more of the provisions of this Resolution shall be
declared by any court of competent jurisdiction to be contrary to law, then such
provision shall be null and void and shall be deemed separable from the
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AGENDA ITEM #14.B.1.
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remaining provisions of this Resolution and shall in no way affect the validity of
the other provisions of this Resolution or of the Bond.
SECTION 18. Effective Date. This Resolution shall become effective immediately upon its
passage and approval.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2025
KODIAK ISLAND BOROUGH
Scott Arndt, Borough Mayor
VOTES:
Ayes:
Noes:
CERTIFICATE
ATTEST:
Nova M. Javier, MMC, Borough Clerk
I, the undersigned, Clerk of the Kodiak Island Borough, Alaska (the "Borough"), Do
HEREBY CERTIFY:
1. That the attached resolution is a true and correct copy of Resolution No. FY2025-_
(the "Resolution") of the Borough as approved at a regular meeting of the Assembly of
the Kodiak Island Borough, Alaska (the "Assembly") held on the day of
, 202_, and duly recorded in my office.
2. That said meeting was duly convened and held in all respects in accordance with law,
and to the extent required by law, due and proper notice of such regular meeting was
given; that a legal quorum was present throughout the meeting and a legally sufficient
number of members of the Assembly voted in the proper manner for the approval of
the Resolution; that all other requirements and proceedings incident to the proper
approval of the Resolution have been duly fulfilled, carried out and otherwise
observed; and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand this _day of , 2025.
, Borough Clerk
Kodiak Island Borough, Alaska
Resolution No. FY2025-12 Page 9 of 9
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AGENDA ITEM #14.B.2.
KODIAK ISLAND BOROUGH
STAFF REPORT
JANUARY 16, 2025
ASSEMBLY REGULAR MEETING
SUBJECT: Resolution No. FY2025-13 Adopting An Alternative Allocation Method For The
FY25 Shared Fisheries Business Tax Program And Certifying That This
Allocation Method Fairly Represents The Distribution Of Significant Effects Of
Fisheries Business Activity In FMA 13: Kodiak Area
ORIGINATOR: Dora Cross, Finance Director
RECOMMENDATION:
Move to adopt Resolution No. FY2025-13.
DISCUSSION:
The State of Alaska, Department of Commerce, Community and Economic Development's Shared
Fisheries Business Tax Program was created in 1990 to help municipalities impacted by the effects of
the rapidly expanding offshore fish processing industry by collecting a tax from fish processors and
sharing the collected taxes with affected municipalities. Applications must be submitted annually by
municipalities to receive an allocation from the program. This year the deadline is February 15, 2025.
Kodiak Island Borough, along with the other municipalities in the FMA 13: Kodiak Area, have agreed to
use an alternative allocation method instead of the standard allocation method. For the FY2025
Shared Fisheries Business Tax applications, the agreed to alternative allocation method calculation for
FMA 13: Kodiak is:
50% of the allocation is shared equally between all municipalities in the area
the remaining 50% of the allocation is shared on a per capita basis
o Kodiak Island Borough's population is reduced by the population of the cities of Akhiok,
Kodiak, Larsen Bay, Old Harbor, Ouzinkie and Port Lions.
The total calculated allocation to the Kodiak Area FMA is $41,115. The Borough's calculated share of
Business taxes is $11,489 and Landing Tax is $2,366, for a total of $13,855. In FY24, the Borough
received a total of $39,361.
This resolution, indicating the assembly has approved the Alternative Allocation Method, is a required
attachment to the FY2025 Shared Fisheries Business Tax Program application.
ALTERNATIVES:
Not approving the resolution would mean the Borough would not participate in the State of Alaska's
Shared Fisheries Business Tax Program - Alternative Method. Not participating in the Alternative
Method would mean that the six other communities within FMA 13 could not use the Alternative Method
and would have to apply using the Standard Method.
FISCAL IMPACT:
Estimated revenues to the Borough through the State of Alaska's Shared Fisheries Business Tax
Program of $13,855.
OTHER INFORMATION:
Kodiak Island Borough
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 32 of 146
AGENDA ITEM #14.B.2.
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KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2025-13
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING AN
ALTERNATIVE ALLOCATION METHOD FOR THE FY25 SHARED FISHERIES BUSINESS
TAX PROGRAM AND CERTIFYING THAT THIS ALLOCATION METHOD FAIRLY
REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS
ACTIVITY IN FMA 13: KODIAK AREA
WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY25 Shared
Fisheries Business Tax Program, the municipality must demonstrate to the Department of
Commerce, Community and Economic Development that the municipality suffered significant
effects during calendar year 2023 from fisheries business activities; and
WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible
municipalities located within fisheries management areas specified by the Department of
Commerce, Community and Economic Development; and
WHEREAS, 3 AAC 134.070 provides for the use, at the discretion of the Department of
Commerce, Community, and Economic Development, of alternative allocation methods which
may be used within fisheries management areas if all eligible municipalities within the area agree
to use the method, and the method incorporates some measure of the relative significant effects
of fisheries business activity on the respective municipalities in the area; and
WHEREAS, the Kodiak Island Borough proposes to use an alternative allocation method for
allocation of FY25 funding available within the FMA 13: KODIAK AREA in agreement with all other
municipalities in this area participating in the FY25 Shared Fisheries Business Tax Program;
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that this resolution certifies that the following alternative allocation method fairly
represents the distribution of significant effects during 2023 of fisheries business activity in FMA
13: Kodiak Area:
• All municipalities share equally 50% of allocation; all municipalities share remaining 50%
on a per capita basis.
• Kodiak Island Borough population is reduced by the population of the Cities of Akhiok,
Kodiak, Larsen Bay, Old Harbor, Ouzinkie and Port Lions.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF 2025
KODIAK ISLAND BOROUGH
Resolution No. FY2025-13
ATTEST:
Page 1 of 2
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 33 of 146
AGENDA ITEM #14.B.2.
45 Scott Arndt, Mayor
46 Nova M. Javier, MMC, Borough Clerk
47
48 VOTES:
49 Ayes:
50 Noes:
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Resolution No. FY2025-13 Page 2 of 2
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 34 of 146
AGENDA ITEM #14.B.2.
V or r{y
F l4
op ALASY'P
November 8, 2024
Department of Commerce, Community,
THE STATE and Economic Development
°fALASKA DIVISION OF COMMUNITYAND REGIONAL AFFAIRS
Anchorage Office
GOVERNOR MIKE DUNLEAVY
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Dear Dora Cross:
550 W 7m Ave, Suite 1650
Anchorage, Alaska 99501
Main: 907.269.4501
Fax: 907.269.4563
The Department of Commerce, Community, and Economic Development is pleased to announce availability
of the FY 2025 Shared Fisheries Business Tax Program. The purpose of the program is to allocate a share
of state fish tax collected outside municipal boundaries with municipalities affected by fishing industry activities.
Municipalities around the state will share approximately $770,000.00 based on 2023 fisheries activity as reported
by fish processors on their fish tax returns. Details of how the program works are included in the application
under Program Description.
Historically, your municipality along with the other communities in your fisheries management area,
FMA 13: Kodiak Island has filed using the Alternative Method found on the last four pages of this
application. A breakdown is included that details the communities in your FMA, in addition to the anticipated
payment based on the agreed upon allocation method for your FMA. If this agreement is still in place with your
FMA, you will only need to have your Council/Assembly pass the enclosed alternative method sample
resolution in order to participate in the program.
If your FMA intends to change the alternative method of allocation, the new proposal must be submitted to
our office no later than January 15, 2025. If an agreement cannot be made with all communities in your FMA,
you will need to file using the standard method and claim your significant effects. Instructions on both of these
methods are detailed in the application packet.
DEADLINE FOR SUBMISSION OF COMPLETED APPLICATION IS
FEBRUARY 15, 2025
Applications can be scanned and emailed to caa e,alaska.gov with the subject line "Kodiak Island Borough,
FY25, SFBT". If you have any questions about the program or require assistance in completing the application,
please contact Lindsay Reese at lindsay.reese a.alaska.gov or call (907) 269-7906.
Sincerely,
LLtw4ay Reed
Lindsay Reese
Grants Administrator 2
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 35 of 146
X
(D
V)
0
c
0
z
0
Total allocation: 50% Divided Equally 50% per Capita
$34,093.37 $17,046.69 $17,046.69
Calculated
Community
Population
50% divided share
_50% per Capita
Allocation
City of Akhiok
61 -
$2,435.24
$81.74
$2,516.98
City of Kodiak
5,384
$2,435.24
$7,214.79
$9,650.03
City of Larsen Bay
37
$2,435.24
$49.58
$2,484.82
City of Old Harbor
206
$2,435.24
$276.05
$2,711.29
City of Ouzinkie
112
$2,435.24
$150.08
$2,585.33
City of Port Lions
165
$2,435.24
$221.11
$2,656.35
Kodiak Islantl, Borough.._
6.756
$2,435.24 _
$9,053.33.
$11,488.57
_
Totals
12,721
$17,046.69
$17,046.69
$34,093.37
Community Count
7
' 50% Divided Equally and 50% on a Per Capita Basis.
Kodiak Island Borough 000ulation
= Dooulation
(12.8321 less coo. of cities
CD
w
0
LONG
FBT- FLT
�ould� b� I�CC�p
FY 22 Landing Tax Allocatio Reference
$7,021.53 1 Number
Calculated
Total
Allocation
Distribution
$518.37
25-SF13-01
$ 3,035.36
$1,987.42
25-SF13-02
$ 11,637.46
$511.75
25-SF13-03
$ 2,996.57
$558.39
25-SF13-04
$ 3,269.68
$532.45
25-SF13-05
$ 3,117.77
$547.07
25-SF13-06
$ 3.203.42
$2,366.07
25-SF13-07
$ 13.854.64
$7.021.53
1
$ 41,114.90
AGENDA ITEM #14.B.2.
DCCED
Shared Fisheries Business Tax Program
FY 25 Long -Form Application
For
FMA 13: KODIAK AREA
r
APPLICATION MUST BE SUBMITTED TO DCCED
NO LATER THAN FEBRUARY 15, 2025
State of Alaska
Mike Dunleavy, Governor
Department of Commerce, Community, and
Economic Development
Julie Sande, Commissioner
Division of Community and Regional Affairs
Sandra Moller, Director
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 37 of 146
AGENDA ITEM #14.B.2.
FY 25 SHARED FISHERIES BUSINESS
TAX PROGRAM DESCRIPTION
The purpose of the Shared Fisheries Business Tax Program is to provide for an annual sharing of fish tax
collected outside municipal boundaries to municipalities that can demonstrate they suffered significant
effects from fisheries business activities. This program is administered separately from the state fish tax
sharing program administered by the Department of Revenue which shares fish tax revenues collected
inside municipal boundaries.
Program Eligibility
To be eligible for an allocation under this program, applicants must:
1. Be a municipality (city or borough); and
2. Demonstrate the municipality suffered significant effects as a result of fisheries business activity
that occurred within its respective fisheries management area(s).
Program Funding
The funding available for the program this year is equal to half the amount of state fisheries business tax
revenues collected outside of municipal boundaries during calendar year 2023.
Program funding is allocated in two stages:
1st Stage: Nineteen Fisheries Management Areas (FMAs) were established using existing commercial
fishing area boundaries. The available funding is allocated among these 19 FMAs based on the pounds
of fish and shellfish processed in the whole state during the 2023 calendar year. For example, if an area
processed 10% of all the fish and shellfish processed in the whole state during 2023, then that area would
receive 10% of the funding available for the program this year. These allocations are calculated based on
Fisheries Business Tax Return information for calendar year 2023.
2nd Stage: The funding available within each FMA will be allocated among the municipalities in that
area based on the level of fishing industry significant effects suffered by each municipality compared to
the level of effects experienced by the other municipalities in that FMA.
Some municipalities, because of their extensive area, are included in more than one fisheries management
area. In these cases, the municipality must submit a separate program application for each area.
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 38 of 146
AGENDA ITEM #14.B.2.
FY 25 SHARED FISHERIES BUSINESS
TAX PROGRAM DESCRIPTION
There are two possible application methods:
Standard and Alternative
Standard Method: In the Standard Method, established by the department, each municipality in the
FMA must determine and document the cost of fisheries business impacts experienced by the community
in 2023. These impacts are submitted by each municipality in their applications. The department will
review the applications and determine if the impacts submitted are valid. Once the impacts have been
established for each of the municipalities in the FMA, the department will calculate the allocation for
each municipality using the following formula:
One half of the funding available within an FMA is divided up among participating
municipalities on the basis of the relative dollar amount of impact in each municipality.
The other half of the funding available to that area is divided equally among all eligible
municipalities.
Alternative Method: Alternative allocation methods may be proposed by the municipalities within the
FMA. The department will consider approving the use of a proposed alternative method only if all the
municipalities in the area agree to use the method, and if the method includes some measure of the
relative effects of the fishing industry on the respective municipalities in the area.
This application packet contains the instructions and forms applying under:
• STANDARD METHOD
• ALTERNATIVE METHOD
The chart on the following page summarizes the process for these two methods.
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 39 of 146
AGENDA ITEM #14.B.2.
FY 25 SHARED FISHERIES BUSINESS
TAX PROGRAM DESCRIPTION
PROCESS FOR METHODS
November 15
Commerce mails program
applications to municipalities
STANDARD METHOD
No later than February 15
Each municipality determines and documents
the cost of fisheries impacts on the community
and submits this information with their
application.
No later than April 15
Department of Commerce reviews applications,
makes a determination as to the validity of the
submitted impacts, and notifies the municipalities
of this determination.
i
Within 30 days
Municipalities have 30 days in which to appeal
Commerce's determinations regarding
submitted impacts.
Within 20 days
Commerce will respond to appeals within 20
days after receiving them.
After all appeals are resolved
Commerce will perform the formula calculations
for each FMA based on the relative impacts
approved for each municipality in the FMA, and
distribute the funding allocations.
ALTERNATE METHOD
No later than January 15
All municipalities in an FMA work together to develop
an alternate allocation formula and submit their
proposal to the Department of Commerce.
Municipalities are encouraged to consult with
Commerce during this effort regarding the
acceptability of alternative methods.
No later than February 1
Commerce reviews alternate proposals,
determines if proposals are acceptable, and
notifies the municipalities of this determination.
If the proposal is accepted, municipalities may
then use the Alternative Method application. If
the proposal is not acceptable to Commerce,
they will work with municipalities in an area to
resolve problems. If the problems cannot be
resolved, the municipalities in that FMA must
apply using the Standard Method application.
No later than February 15
Each municipality must submit an Alternative
Method application. Commerce will distribute
allocations after all applications within that FMA
have been received and verified.
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 40 of 146
AGENDA ITEM #14.B.2.
FY 25 Shared Fisheries Business Tax Program
Application Instructions
STANDARD METHOD
• In the standard method application process each municipality determines and documents the
cost to the municipality of fisheries industry significant effects suffered by the community
in 2023.
• Details for each of these effects are submitted by municipalities using the Declaration of
Significant Effects application forms provided on the following pages.
• The municipality must also submit an approved resolution by the governing body certifying
that the information submitted in the application is correct and complete. A sample resolution
is included in this packet.
• The department will review the applications and determine if the significant effects
submitted are valid.
• Once the effects have been established for each of the municipalities in a Fisheries
Management Area, the department will calculate the funding allocation for each municipality
using the following formula:
One half of the funding available within an FMA is divided up among participating
municipalities on the basis of the relative dollar amount of impact in each municipality.
The other half of the funding available to that area is divided equally among all eligible
municipalities.
Guidelines for Completing the Declaration of Significant Effects Forms
Some important definitions: The Shared Fisheries Business Tax Program provides for a sharing of
State Fisheries Business Tax with municipalities that can demonstrate they suffered significant effects
during the program base year from fisheries business activity in their respective fisheries management
area.
For the purposes of this program, "fisheries business activity" means:
• activity related to fishing, including but not limited to the catching and sale of fisheries
resources;
• activity related to commercial vessel, moorage and gear maintenance;
• activity related to preparing fisheries resources for transportation; and,
• activity related to processing fisheries resources for sale by freezing, icing, cooking, salting,
or other method and includes but is not limited to canneries, cold storages, freezer ships, and
processing plants.
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 41 of 146
AGENDA ITEM #14.B.2.
And, "significant effects" means:
• municipal expenditures during the program base year demonstrated by the municipality to
the department to be reasonable and necessary that are the result of fisheries business
activities on the municipality's:
• population;
• employment;
• finances;
• air and water quality;
• fish and wildlife habitats; and,
• ability to provide essential public services, including health care, public safety,
education, transportation, marine garbage collection and disposal, solid waste
disposal, utilities, and government administration.
And, "program base year" means:
• calendar year 2023.
A municipality does not need to have actual expenditures in 2023 in order to include them as
significant effects in the application. If a fishing business activity impacts a municipality in a manner
that will result in a cost to the municipality, then the municipality can claim that impact as a significant
effect. For example, a municipality's pier might have been damaged by an improperly docked fish
processing vessel. The municipality might not have the funds to repair the pier during 2023, but the
municipality has obtained final engineering estimates for the cost of repairs. In this case, the municipality
could declare the repair cost estimates as significant effects on their application. However, these costs
may not be claimed again if the municipality subsequently expended the monies to repair the pier at a
later date (this would result in a double counting of significant effects).
If a significant effect claimed in the application reflects expenditures that were determined by the
municipality to be necessary, but for which the municipality was unable to make an expenditure during
the program base year, the application must include a finding by the municipal governing body which
documents and clearly describes the procedures and methods by which the need and the estimated cost
of such expenditures were determined.
Only that part of overall community impacts which are directly attributable to fishing business
activity should be included as significant effects in the application. For example, a municipality water
supply system may be impacted by the fresh water needs of the local fishing fleet and fish processing
facilities. However, a municipality in this situation should not claim the entire cost of operating or
maintaining the water system as a "significant effect" for the purposes of this program. In this case, the
municipality must determine and document its estimate of the share of the use, and "wear and tear," of
the water system that can reasonably be attributed to fisheries business activity. A place is provided on
the Declaration of Significant Effects forms for municipalities to explain how they arrived at such
estimates.
Examples of eligible significant effects. The kinds of negative effects which a municipality might
possibly claim to have suffered are many. It is the responsibility of each municipality to describe,
document and justify its particular claims of negative impacts during 2023 resulting from fisheries
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 42 of 146
AGENDA ITEM #14.B.2.
business activities. For the purposes of this program, all significant effects must be presented in terms of
expenditures of municipal funds, either actual or determined necessary. For example, a sudden
population increase of 1,000 people is not in itself a negative effect. It is the demonstrable impacts on
the municipality budget of dealing with these extra people that may be considered as significant effects
for this program. The following examples represent the kinds of community impacts which are clearly
eligible for inclusion in a municipality's Declaration of Significant Effects forms.
• a municipality's expenses during 2023 in repairing a dock damaged by a fishing vessel;
• a municipality's costs of hiring extra police, teachers or medical staff to cover periods during
2023 when fish processing workers or fishing crew and their families expanded the
municipality's population;
• a municipality's 2023 loan which was used to improve the municipality's water system to
meet increased demands for fresh water by local fish processors. Only that part of the debt
service which can be directly attributable to supporting the fishing industry may be counted
as a significant effect.
• special expenditures made by a municipality during 2023 to assist or help re-train workers
who lost their jobs in the fishing industry because of a downturn in fishing activity.
• a municipality's expenditures for operating and maintaining harbor facilities during 2023.
• operating and maintaining a municipality's water and sewer system or landfill during 2023
that is directly attributable to the fishing industry.
Examples of events which are not eligible to be significant effects
The following are examples of municipal expenditures or events which are not eligible for inclusion in
a municipality's Declaration of Significant Effects forms:
• Municipal expenditures that occurred before or after 2023 which are the result of fishing
business activities.
• Revenues which a municipality did not receive during 2023 because of a downturn in local
fishing business activity.
If you're not sure whether an event is a valid "significant effect" or not, contact DCCED.
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 43 of 146
AGENDA ITEM #14.B.2.
Instructions for Completing
the Standard Method Application
The completed standard method application submitted by each municipality will contain three elements:
• a set of Declaration of Significant Effects forms (one separate form for each significant effect
claimed by the municipality). Three copies of this form are included in the application- please
make as many additional copies of this form as you need.
• a Cover Page that provides the total number and cost of the significant effects claimed by the
municipality.
• an approved resolution by the governing body adopting the application as true and correct. A
sample resolution is included in the application.
Instructions for the
Cover Page/Summary
The Cover Page must be completed and submitted as part of the application. This form summarizes the
information found in the application. The number of significant effects claimed should be equal to the
number of Declarations of Significant Effects forms submitted with the application and the total dollar
amount should equal the sum of all the dollar amounts stated in Part 2 on the Declarations of Significant
Effects forms.
Instruction for the Resolution form
Municipalities may use this form, or a similar form, to comply with the requirement that the submitted
application be certified by the municipality's governing body.
Submit completed application
no later than February 15, 2025, to:
E-mail
caa(a,alaska.gov
Subject Line
"Municipality Name, FY25, SFBT"
Or
Mail
State of Alaska DCCED
Shared Fisheries Business Tax Program
550 W. 7" Ave Ste 1650
Anchorage, Alaska 99501
If you have any questions regarding this program, contact
Lindsay Reese at 269-7906
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 44 of 146
AGENDA ITEM #14.B.2.
FY 25 SHARED FISHERIES BUSINESS TAX PROGRAM
STANDARD METHOD APPLICATION
for
FMA 13: KODIAK AREA
Name of Municipality;
Mailing Address:
Contact Person:
Title:
Phone Number:
Email Address:
Total # of Significant Effects Claimed:
Total $ of Significant Effects Claimed: $
Return with, Declaration of Significant Effects forms, and resolution
E-mail
caa(&alaska.,Zov
Subject Line
"Municipality Name, FY25, SFBT"
Or
Mail
State of Alaska DCCED
Shared Fisheries Business Tax Program
550 W. 7t' Ave Ste 1650
Anchorage, Alaska 99501
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 45 of 146
AGENDA ITEM #14.B.2.
FY 25 Shared Fisheries Business Tax Program
DECLARATION OF
SIGNIFICANT EFFECTS FORM
(One Separate Form for Each Significant Effect Claimed)
1.
Provide a description of the fisheries business activity which resulted in the significant effect:
2.
Total significant effect (municipal expenditure) made necessary during 2023 by the fisheries business
activity listed in #1: $
3.
Municipal expenditure is: ❑ actual ❑ determined necessary
(Every municipal expenditure marked "determined necessary" must be supported by a resolution)
4.
Describe how the municipal expenditure figure listed under Part 2 was determined:
5.
Is the fisheries business activity part of a larger fiscal impact on the municipality?
❑ yes ❑ no
If yes, describe how the fisheries business -related part of the overall fiscal impact was determined.
6.
Describe the documentation that supports the municipality's claim of this significant effect
(this documentation must be readily available to the department upon request):
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 46 of 146
AGENDA ITEM #14.B.2.
FY 25 Shared Fisheries Business Tax Program
DECLARATION OF
SIGNIFICANT EFFECTS FORM
(One Separate Form for Each Significant Effect Claimed)
1.
Provide a description of the fisheries business activity which resulted in the significant effect:
2.
Total significant effect (municipal expenditure) made necessary during 2023 by the fisheries business
activity listed in #1: $
3.
Municipal expenditure is: ❑ actual ❑ determined necessary
(Every municipal expenditure marked "determined necessary" must be supported by a resolution)
4.
Describe how the municipal expenditure figure listed under Part 2 was determined:
5.
Is the fisheries business activity part of a larger fiscal impact on the municipality?
❑ yes ❑ no
If yes, describe how the fisheries business -related part of the overall fiscal impact was determined.
6.
Describe the documentation that supports the municipality's claim of this significant effect
(this documentation must be readily available to the department upon request):
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 47 of 146
AGENDA ITEM #14.B.2.
FY 25 Shared Fisheries Business Tax Program
DECLARATION OF
SIGNIFICANT EFFECTS FORM
(One Separate Form for Each Significant Effect Claimed)
1. Provide a description of the fisheries business activity which resulted in the significant effect:
2.
Total significant effect (municipal expenditure) made necessary during 2023 by the fisheries business
activity listed in #1: $
3.
Municipal expenditure is: ❑ actual ❑ determined necessary
(Every municipal expenditure marked "determined necessary" must be supported by a resolution)
4.
Describe how the municipal expenditure figure listed under Part 2 was determined:
5.
Is the fisheries business activity part of a larger fiscal impact on the municipality?
❑ yes ❑ no
If yes, describe how the fisheries business -related part of the overall fiscal impact was determined.
6.
Describe the documentation that supports the municipality's claim of this significant effect
(this documentation must be readily available to the department upon request):
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 48 of 146
AGENDA ITEM #14.B.2.
FY 25 Shared Fisheries Business Tax Program
Standard Method Resolution
(City or Borough)
RESOLUTION NO.
A RESOLUTION CERTIFYING THE FY 25 SHARED FISHERIES BUSINESS TAX PROGRAM
APPLICATION TO BE TRUE AND CORRECT
WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY 25 Shared Fisheries Business
Tax Program, the municipality must demonstrate to the Department of Commerce, Community, and Economic
Development that the municipality suffered significant effects during calendar year 2023 from fisheries business
activities; and
WHEREAS, the Department of Commerce, Community, and Economic Development has prepared specific
application forms for the purpose of presenting the municipality's claims as to the significant effects suffered by
the municipality during calendar year 2023; and
WHEREAS, 3 AAC 134.100 requires the governing body of the municipality to include with the municipality's
FY 23 program application an approved resolution certifying the information contained in the application to be
true and correct;
NOW THEREFORE BE IT RESOLVED THAT:
The by this resolution certifies the information contained in
(Governing Body)
the
(City or Borough)
FY23 Shared Fisheries Business Tax Program Application to be true and correct to the best of our knowledge.
PASSED AND APPROVED by a duly constituted quorum of the
(Governing Body)
day of , 20
SIGNED
Mayor
ATTEST
Clerk
this
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 49 of 146
AGENDA ITEM #14.B.2.
FY 25 Shared Fisheries Business Tax Program
Application Instructions
ALTERNATIVE METHOD
• In the alternative method application process all municipalities in a fisheries management
area may work together to develop an alternative allocation formula for distributing the
available program funding among municipalities in the area. It is advised that the Department
of Commerce be consulted during this process if the municipalities have questions or
concerns about what constitutes an acceptable alternative to the standard allocation method.
• All the municipalities in an area must reach an agreement in writing on an alternative
allocation formula.
• By January 15, the department must receive the proposed alternative method. If the
alternative method is not acceptable, the department will work with the municipalities to
resolve the problems.
• If the municipalities in an area fail to satisfy the department regarding the acceptability of
the alternative allocation method proposed, then each municipality in the region must return
to the standard application process and submit separate applications as required by that
process.
• If the department finds the alternative allocation method satisfactory, each municipality must
then complete an alternative method application consisting of a cover page and resolution.
The resolution must be adopted by the governing body and it must clearly describe the
approved alternative allocation method within that area. After all alternative method
applications within an area have been received and approved; the department will perform
the allocations and distribute program funds.
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 50 of 146
AGENDA ITEM #14.B.2.
Instructions for
Alternative Method Application
In the alternative method application, an approved resolution constitutes the application. No other forms
need to be submitted. A sample resolution has been attached for your use.
General Guidelines for Developing an Alternative Allocation Method
All municipalities in a fisheries management area must agree on the alternative method: There
must be unanimous agreement among all eligible municipalities in a fisheries management area with
regard to alternative allocation methods. It is the responsibility of community leaders in the area to work
together to negotiate an alternative which is acceptable to all municipalities. The department may be
consulted at any time regarding what kinds of formula approaches are considered acceptable by the
department.
Alternative methods must incorporate some measure of the relative significant effects experienced
by the respective municipalities in the area. The measure of significant effects may take many forms.
One area might agree to use the number of commercial fishing boat visits -per -year per community as a
measure of significant effects. Another area might use the linear foot -length of public docks as a measure.
Another area might use community population figures as an indication of the significant effects of
fisheries business activity. Another area might share one half of the funding equally between the
respective municipalities and share the other half based upon community population figures. Areas may
decide to use one measure or may use a combination of measures.
Submit your completed application
no later than
February 15, 2025 to:
E-mail
caaAalaska.gov
Subject Line
"Municipality Name, FY25, SFBT"
Or
Mail
State of Alaska DCCED
Shared Fisheries Business Tax Program
550 W. 7t' Ave Ste 1650
Anchorage, Alaska 99501
If you require assistance in completing this application, contact
Lindsay Reese at 269-7906.
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 51 of 146
AGENDA ITEM #14.B.2.
FY 25 Shared Fisheries Business Tax Program
Alternative Method Resolution
(City or Borough)
RESOLUTION NO.
A RESOLUTION ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE FY23
SHARED FISHERIES BUSINESS TAX PROGRAM AND CERTIFYING THAT THIS
ALLOCATION METHOD FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT
EFFECTS OF FISHERIES BUSINESS ACTIVITY IN FMA 13: KODIAK AREA
WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY 25 Shared Fisheries Business Tax
Program, the municipality must demonstrate to the Department of Commerce, Community, and Economic
Development that the municipality suffered significant effects during calendar year 2023 from fisheries business
activities; and,
WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible municipalities
located within fisheries management areas specified by the Department of Commerce, Community, and Economic
Development; and,
WHEREAS, 3 AAC 134.070 provides for the use, at the discretion of the Department of Commerce, Community, and
Economic Development, of alternative allocation methods which may be used within fisheries management areas if
all eligible municipalities within the area agree to use the method, and the method incorporates some measure ofthe
relative significant effect of fisheries business activity on the respective municipalities in the area; and,
WHEREAS, The proposes to use an alternative allocation method for
(Governing Body)
allocation of FY23 funding available within the FMA 13: KODIAK AREA in agreement with all other
municipalities in this area participating in the FY25 Shared Fisheries Business Tax Program;
NOW THEREFORE BE IT RESOLVED THAT: The by this resolution
(Governing Body)
certifies that the following alternative allocation method fairly represents the distribution of significant effects during
2021 of fisheries business activity in FMA 13: KODIAK AREA:
• All municipalities share equally 50% of allocation; all municipalities share remaining 50% on a per
capita basis.
• Kodiak Borough population is reduced by the population of the Cities of Akhiok, Kodiak, Larsen Bay,
Old Harbor, Ouzinkie & Port Lions
PASSED and APPROVED by a duty constituted quorum of the this day
(Governing Body)
of 20_
SIGNED
Mayor
ATTEST
Clerk
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 52 of 146
AGENDA ITEM #14.B.2.
FY 25 SHARED FISHERIES BUSINESS TAX PROGRAM
ALTERNATE METHOD APPLICATION
For
FMA 13: KODIAK AREA
Name of Municipality:
Mailing Address:
Contact Person:
Title:
Email Address:
Phone Number:
Return with resolution
E-mail
caa(&alaska.Sov
Subject Line
"Municipality Name, FY25, SFBT"
Or
Mail
State of Alaska DCCED
Shared Fisheries Business Tax Program
550 W. 7' Ave Ste 1650
Anchorage, Alaska 99501
Resolution No. FY2025-13 Adopting An Alternative Allocation Method For T... Page 53 of 146
AGENDA ITEM #14. C.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
JANUARY 16, 2025
ASSEMBLY REGULAR MEETING
SUBJECT: Ordinance No. FY2025-12, An Ordinance Of The Assembly Of The Kodiak
Island Borough Accepting And Appropriating Grant Funds For The 2021-22
And 2022-23 Bristol Bay Red King Crab And Bering Sea Snow Crab Fisheries
Disaster Declaration
ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support
RECOMMENDATION:
Move to advance Ordinance No. FY2025-12 to public hearing at the next regular meeting of
the Assembly.
DISCUSSION:
A fisheries disaster determination was made for the 2021-22 and 2022-23 Bristol Bay King
Crab and Bering Sea Snow Crab fisheries resulting from an unpredicted crab die -off. Disaster
funds were subsequently determined and made available for distribution to eligible
communities based on each community's proportion of the estimated gross revenue value.
Kodiak Island Borough is eligible for these funds due to the history of Bristol Bay and Bering
Sea crab landings made in Kodiak and the associated severance taxes collected on those
landings. The Borough Manager received notification that the KIB is eligible to receive
$53,182.40 of the disaster funds to help mitigate losses in fish (severance) tax revenue.
Kodiak Island Borough Code 3.25 authorizes the Assembly to accept grant funds and
requires that grant funds not designated for a specific purpose be appropriated via ordinance.
ALTERNATIVES:
Postpone, amend, or fail to advance the ordinance.
FISCAL IMPACT:
$53,182.40 increase to the Fisheries Economic Development project budget.
OTHER INFORMATION:
Kodiak Island Borough
Ordinance No. FY2025-12, An Ordinance Of The Assembly Of The Kodiak Isla... Page 54 of 146
AGENDA ITEM #14. C.1.
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KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2025-12
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ACCEPTING
AND APPROPRIATING GRANT FUNDS FOR THE 2021-22 AND 2022-23 BRISTOL BAY RED
KING CRAB AND BERING SEA SNOW CRAB FISHERY DISASTER DECLARATION.
WHEREAS, On May 9, 2023, the U.S. Secretary of Commerce made a disaster determination
for Alaska's 2021-2022 and 2022-2023 Bristol Bay King Crab and Bering Sea Snow Crab
fisheries, under the Magnuson -Stevens Fishery Conservation and Management Act in response
to the March 3, 2022, and October 21, 2022, requests from Governor Dunleavy; and
WHEREAS, National Oceanic and Atmospheric Administration (NOAA) Fisheries allocated
$94,489,726 and $96,621,465 to address losses to the affected management areas in response
to the disaster determination; and
WHEREAS, the Alaska Department of Fish and Game (ADF&G) works with affected
stakeholders and NOAA Fisheries to identify funding priorities and develop spend plans for each
fishery disaster. ADF&G drafted a spend plan to disperse the allocation of these funds and sent
the final spend plan to Pacific States Marine Fisheries Commission (PSMFC) for administration;
and
WHEREAS, the PSMFC has provided notification that the Kodiak Island Borough is eligible to
receive a one-time payment of fifty-three thousand, one hundred eighty-two dollars and forty cents
($53,182.40) to compensate for the borough's lost income due to this fishery disaster; and
WHEREAS, Kodiak Island Borough Code 3.25.040.0 requires that grant funds which are
unlimited as to use, or subject only to general limitations, be appropriated by ordinance and
include an appropriate budget amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Section 1: This ordinance is not of a general and permanent nature and shall not become a part
of the Kodiak Island Borough Code of Ordinances.
Section 2: The Kodiak Island Borough accepts the funds granted through the Pacific States
Marine Fisheries Commission for the 2021-22 and 2022-23 Bristol Bay Red King Crab
and Bering Sea Snow Crab Fisheries disaster declaration.
Section 3: The Fisheries Economic Development project budget shall be amended to account
for this $53,182.40 one-time payment.
Effective Date: This ordinance takes effect upon adoption.
Ordinance No. FY2025-12
Page 1 of 2
Ordinance No. FY2025-12, An Ordinance Of The Assembly Of The Kodiak Isla... Page 55 of 146
AGENDA ITEM #14. C.1.
45
46 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
47 THIS DAY OF 2025
48
49 KODIAK ISLAND BOROUGH
50
51 ATTEST:
52
53 Scott Arndt, Borough Mayor
54 Nova M. Javier, MMC, Borough Clerk
55
56 Introduced by: Manager
57 First reading:
58 Second reading/public hearing:
59
60 VOTES:
61 Ayes:
62 Noes:
63
64
65
Ordinance No. FY2025-12 Page 2 of 2
Ordinance No. FY2025-12, An Ordinance Of The Assembly Of The Kodiak Isla... Page 56 of 146
AGENDA ITEM #14. C.1.
PACIFIC STATES MARINE FISHERIES COMMISSION
205 SE SPOKANE STREET, SUITE 100
PORTLAND, OREGON 97202-6487
PHONE (503) 595-3100 • FAX (503) 214-1170
WWW.PSMFC.ORG
WWW.RELIEF. PSMFC.ORG
December 18, 2024
AIMEE WILLIAMS, BOROUGH MANAGER
KODIAK ISLAND BOROUGH
710MILL BAY RD
KODIAK, AK 99615
AWILLIAMS(cD-KODIAKAK.US
RE: 2021-22 & 2022-23 Bristol Bay Red King (BBR) and Bering Sea Snow (BSS) Crab Fishery Disaster Relief
Ms. Williams,
$9,360,000 (5% of total funding) was allocated to the community sector related to the 2021-22 and 2022-23
BBR and BSS fishery disaster relief. Disaster funds are to be distributed pro rata to eligible communities based
on each community's proportion of the combined total 2019/20 and 2020/21 estimated gross revenue value for
both species. The KODIAK ISLAND BOROUGH is eligible to receive a one-time payment of $53,182.40.
Municipalities and boroughs rely on revenue generated from BBR and BSS crab fishery landings and other
economic activities related to the BBR and BSS crab fisheries. The state's Fishery Business tax rate is 3% for
shore -based crab landings and is shared 50/50 with the state and municipalities/boroughs where the landings
occur.
If landings occur in the bounds of a municipality and borough, landing tax revenues are shared 50/50 between
each entity. A local raw fish tax, ranging from 2% to 3.5%, is applied in various municipalities and boroughs,
depending on the location and species. Funds were allocated to affected communities to help mitigate
losses in fish tax and other economic losses due to the fishery disaster.
Direct payments to municipalities and boroughs are based on the port of landing where BBR crab
deliveries occurred.
The following criterion is proposed for community eligibility:
• BBR or BSS crab must have been landed in the community during the 2019/20 and/or 2020/21
season based on the port of landing from ADF&G Fish Ticket data.
Landings of BBR and BSS occurred in five communities represented by five municipalities and two boroughs
during the 2019/20 and 2021/22 seasons: 1) Unalaska, 2) Akutan, King Cove and Aleutians East Borough, 3)
St. Paul, and 4) City of Kodiak and Kodiak Island Borough.
"To promote the conservation, development and management of Pacific coast fishery resources through coordinated
regional research, monitoring and utilization"
Ordinance No. FY2025-12, An Ordinance Of The Assembly Of The Kodiak Isla... Page 57 of 146
AGENDA ITEM #14. C.2.
KODIAK ISLAND BOROUGH
STAFF REPORT
JANUARY 16, 2025
ASSEMBLY REGULAR MEETING
SUBJECT: Ordinance No. FY2025-13 Writing Off The Personal Property Delinquent
Taxes, Penalties, Interest, And Fees Of Those Non -Collectable Accounts
ORIGINATOR: Dora Cross, Finance Director
RECOMMENDATION:
Move to advance Ordinance No. FY2025-13 to public hearing at the next regular meeting of
the Assembly.
DISCUSSION:
Staff has complied nine (9) personal tax accounts that have been determined uncollectable
for various reasons. All legal resources have been exhausted by staff in pursuing collections.
It is staffs desire for Borough accounts to be current and properly reflect the financial status
of receivables in accordance with Generally Accepted Accounting Principles. KIB code does
not identify a specific method of writing off delinquent accounts, therefore this ordinance
requests the approval to write-off these uncollectable accounts.
$10,630.17
Base Tax Total
3,959.67
Penalties and Interest Total
601.14
Miscellaneous Fees Total
$15,190.98
Total Write -Off
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough
Ordinance No. FY2025-13 Writing Off The Personal Property Delinquent Tax... Page 58 of 146
AGENDA ITEM #14. C.2.
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KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2025-13
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH WRITING OFF
THE PERSONAL PROPERTY DELINQUENT TAXES, PENALTIES, INTEREST AND FEES OF
THOSE NON -COLLECTABLE ACCOUNTS
WHEREAS, it is the desire of staff to have the Kodiak Island Borough's accounts to be current
and properly reflect the financial status of the Borough in Accordance with Generally Accepted
Accounting Principles; and
WHEREAS, part of the routine practice to bring the accounts current in compliance with
Generally Accepted Accounting Principles includes classifying and writing off as uncollectible
those accounts determined to be uncollectible; and
WHEREAS, the Kodiak Island Borough Code does not identify a specific method for writing off
delinquent accounts determined to be uncollectible; and
WHEREAS, the Kodiak Island Borough Assembly has previously requested that accounts to be
written off be identified and the write-off of the accounts be approved by the Assembly by
ordinance; and
WHEREAS, staff has compiled nine personal tax accounts which have been determined to be
uncollectable for various reasons; and
WHEREAS, all resources to legally collect the delinquent tax accounts identified for write off
have been exhausted by staff.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Section 1: This ordinance is not of a general and permanent nature and shall not become a part
of the Kodiak Island Borough Code of Ordinances.
Section 2: The Borough Assembly approves this ordinance to write off $15,190.98 in the fiscal
year 2025 for nine personal tax accounts per the attached schedule A, which is
incorporated herein by reference, and which accounts have been determined to
be uncollectable.
Base Tax Total $10,630.17
Penalties and Interest Total $3,959.67
Miscellaneous Fees Total $601.14
Ordinance No. FY2025-13
Page 1 of 2
Ordinance No. FY2025-13 Writing Off The Personal Property Delinquent Tax... Page 59 of 146
AGENDA ITEM #14. C.2.
41
42 Effective Date: This ordinance takes effect upon adoption.
43
44 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
45 THIS DAY OF , 2025
46
47 KODIAK ISLAND BOROUGH
48
49 ATTEST:
50
51 Scott Arndt, Borough Mayor
52 Nova M. Javier, MMC, Borough Clerk
53
54 Introduced by: Borough Manager
55 First reading:
56 Second reading/public hearing:
57
58 VOTES:
59 Ayes:
60 Noes:
61
62
63
Ordinance No. FY2025-13 Page 2 of 2
Ordinance No. FY2025-13 Writing Off The Personal Property Delinquent Tax... Page 60 of 146
O
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SCHEDULE A
Property ID
Geo ID
Owner Name
Legal Description
Year
Base Tax
Fees
Penalty
Interest
Total Due
24581
P5619000009
BEAR PAW LODGE LLC
BEAR PAW LODGE - UGANIK
2020
595.63
18.92
26.89
134.39
775.83
2021
595.63
20.30
26.89
102.14
744.96
2022
595.63
27.40
26.88
69.88
719.79
2023
0.00
22.87
0.00
0.00
22.87
Total
1,786.89
89.49
80.66
306.41
2,263.45
24405
P21318000001
BLONDIN KYLE JOHN
BLONDIN CONSTRUCTION
2018
376.18
15.70
6.94
51.25
450.07
2019
376.18
19.05
6.94
42.95
445.12
2020
680.88
18.92
34.64
173.14
907.58
2021
680.88
20.30
34.64
131.59
867.41
2022
0.00
27.40
0.00
0.00
27.40
2023
0.00
22.87
0.00
0.00
22.87
Total
2,114.12
124.24
83.16
398.93
2,720.45
25029
P72132300002
BRIGHTIAMIE & NICOLE
VRBO SIMPLE AND COZY
2023
417.92
22.87
10.73
15.01
466.53
Total
417.92
22.87
10.73
15.01
466.53
24625
P1B19000033
CH2O0-DEMO
CH2O0-DEMO
2022
331.93
27.40
2.91
7.54
369.78
2023
0.00
22.87
0.00
0.00
22.87
Total
331.93
50.27
2.91
7.54
392.65
24908
P1A22000004
ENGELSHANEJ
N175RJ
2022
740.00
27.40
40.00
104.00
911.40
2023
0.00
22.87
0.00
0.00
22.87
Total
740.00
50.27
40.00
104.00
934.27
24725
P5820200007
GRAHAM JAMES
AMERICAN RIVER VENTURES
2023
13.96
0.00
0.00
0.00
13.96
Total
13.96
0.00
0.00
0.00
13.96
24388
P1818000015
MARTIN MICHELLE S
DOWNTOWN HARBOR VIEW
2020
595.63
18.92
26.89
134.39
775.83
2021
0.00
20.30
0.00
0.00
20.30
2022
0.00
27.40
0.00
0.00
27.40
2023
0.00
22.87
0.00
0.00
22.87
Total
595.63
89.49
26.89
134.39
846.40
24198
PIB16000015
NEAR ISLAND SUPPLY INC
NEAR ISLAND SUPPLY INC
2022
156.96
27.40
15.70
40.80
240.86
2023
684.48
22.87
34.96
48.93
791.24
Total
841.44
50.27
50.66
89.73
1,032.10
14184
P9885000001
WILLIE'S QUICK MART LLC
WILLIE'S QUICK MART
2018
1,754.50
15.70
175.46
1,298.33
3,243.99
2019
2,033.78
19.05
157.63
977.23
3,187.69
2020
0.00
18.92
0.00
0.00
18.92
2021
0.00
20.30
0.00
0.00
20.30
2022
0.00
27.40
0.00
0.00
27.40
2023
0.00
22.87
0.00
0.00
22.87
Total
3,788.28
124.24
333.09
2,275.56
6,521.17
AGENDA ITEM #14. C.3.
KODIAK ISLAND BOROUGH
STAFF REPORT
JANUARY 16, 2025
ASSEMBLY REGULAR MEETING
SUBJECT: Ordinance No. FY2025-14 Amending And Redirecting Funds From The
Previously Authorized American Rescue Plan Act (ARPA) State And Local
Fiscal Recovery Funds (SLFRF) For The Benefit Of The Residents Of The
Borough
ORIGINATOR: Dora Cross, Finance Director
RECOMMENDATION:
Move to advance Ordinance No. FY2025-14 to public hearing at the next regular meeting of
the Assembly.
DISCUSSION:
Regular Meeting 1/16/2025
As requested at the work session staff has organized the list into priority order.
Staff's item/project list in priority order:
1. BSFD Firefighter Turnouts
2. WBFD Firefighter Turnouts
3. East Elementary Roof Design
4. Health Insurance (six months)
5. Sewer Lift Station — Emergency Repairs — KIB Building
6. Baler Floor Design
7. Baler Rebuild
8. Bobcat 5650 Skid Steer Loader
9. Mental Health Building Abatement & Demo
10. Mental Health Building ROM & Demo Abatement
11. Baler Floor Overlay
12. Electronic Time & Attendance Solution
Work Session 1 /9/2025
The Borough received $2,524,709 of ARPA funds through the State and local Fiscal
Recovery Funds (SLFRF) in (half in October 2021 and half in October 2022) and has
allocated those funds in Resolutions FY2022-16, FY2022-19, FY2023-09 and FY2023-09A.
To date, only $778,157 of this money has been spent leaving $1,746,553 unspent.
Staff has complied a list of items/projects that could be funded using the unspent money. It is
staff's desire that the assembly prioritize the below list, or any other items they wish to be
added, so staff can accurately report the use and obligations of the grant funds appropriately.
Staff's item/project list (in alphabetical order) and benefiting fund:
1. Baler Floor Design - Solid Waste Collection & Disposal
2. Baler Floor Overlay - Solid Waste Collection & Disposal
3. Baler Rebuild - Solid Waste Collection & Disposal
4. Bobcat - Solid Waste Collection & Disposal
5. East Elementary Roof Design
6. Electronic Time & Attendance Software - General Fund
7. Firefighter Turnouts - Bayside FD - Fire Protection Area #1
Kodiak Island Borough
Ordinance No. FY2025-14 Amending And Redirecting Funds From The Previous... Page 62 of 146
AGENDA ITEM #14. C.3.
KODIAK ISLAND BOROUGH
STAFF REPORT
JANUARY 16, 2025
ASSEMBLY REGULAR MEETING
8. Firefighter Turnouts - Womens Bay VFD - Womens Bay Volunteer Fire Department
9. Health Insurance (six months) - General Fund, Landfill, Bayside and KFRC
10. Mental Health Building - Abatement & Demo - General Fund
11. Mental Health Building - ROM & Demo Abatement - General Fund
12. Sewer Lift Station Emergency Repair - KIB Building - Buildings & Grounds
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough
Ordinance No. FY2025-14 Amending And Redirecting Funds From The Previous... Page 63 of 146
Potential Uses of Remaining $1.7 ARPA State and Local Fiscal Recovery Funds (SLFRF)
Total
Previously Spent -
Item/Project
Contract
Cost
Not SLFRF Eliebile
SLFRF Elisbile
Spent
as of 12/31 Status
Project No.
Fund Benefited
1 Firefighter Turnouts
x
x
$
122,386
$
122,386 No contract (final expenses)
na
Fire Protection Area #1- Special Revenue
2 Firefighter Turnouts
x
x
$
48,954
$
48,954 No contract (final expenses)
na
Women's Bay Fire Dept. - Special Revenue
3 East Elementary Roof Design
x
x
$
33,377
$
33,377 No contract (final expenses)
22004
General Fund
4 Health Insurance (six months)
x
x
$
493,492
$
493,492 No contract (final expenses)
na
General Fund, Landfill, Bayside & KFRC
5 Sewer Lift Station - Emergency Repairs - KIB Building
x
x
$
33,937
$
33,937 No contract (final expenses)
25002
Building & Grounds - Special Revenue
6 Baler Floor Design
x
x
$
4,059
$
4,059 No contract (final expenses)
25001
Landfill - Enterprise
7 Baler Rebuild
x
x
$
41,178
$
41,178 No contract (final expenses)
na
Landfill - Enterprise
8 Bobcat 5650 Skid Steer Loader
x
x
$
61,709
$
61,709 No contract (final expenses)
na
Landfill - Enterprise
9 Mental Health Building Abatement & Demo
$
1,310,000
x
$
1,310,000
$
- Approved Contract #25-35
25006
General Fund
10 Mental Health Building ROM & Demo Abatement
$
27,644
x
$
27,644
$
- Approved Contract 25-33
25006
General Fund
11 Baler Floor Overlay
$
225,600
x
$
225,600
$
184,478 Approved Contract 25-22
25001
Landfill - Enterprise
12 Electronic Time & Attendance Solution
$
25,000
x
$
25,000
$
- Approved Contract #25-38
na
General Fund
Total Value
$
2,427,336
$
1,023,570
IMPORTANT DEADLINES:
Unapproved contracts must be fully executed by 12/31/2024
Items not under contract must be paid for by 12/31/2024
Contract must be completed and paid by 12/31/2026
v
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AGENDA ITEM #14. C.3.
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KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2025-14
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
AND REDIRECTING FUNDS FROM THE PREVIOUSLY AUTHORIZED AMERICAN RESCUE
PLAN ACT (ARPA) STATE AND LOCAL FISCAL RECOVERY FUNDS (SLFRF) FOR THE
BENEFIT OF THE RESIDENTS OF THE BOROUGH
WHEREAS, the Kodiak Island Borough has been deemed eligible and received $2,524,709.00
of State and Local Fiscal Recovery Funds (SLFRF) from the US Department of the Treasury
under the American Rescue Plan Act (ARPA); and
WHEREAS, the Kodiak Island Borough accepted and allocated these funds with Resolution No.
FY2022-16, Resolution No. FY2022-19, and Resolution No. FY2023-09, and FY2023-09A; and
WHEREAS, the Resolution No. FY2022-19 payment directive of $12,354.50 was to the
Salvation Army Food Bank leaving $2,512,354.50 unexpended; and
WHEREAS, the Resolution No. FY2023-09A authorized costs for the Peterson Elementary
School HVAC and Roof project of $744,563, and the Landfill Storm Water Infiltration and
Collection Improvement project of $21,239, leaving $1,746,553 unexpended; and
WHEREAS, the following list of prioritized items, noting the benefiting fund and amounts, are
to be used with the remaining unexpended grant funds.
1. BSFD Firefighter Turnouts — Fund 250 - $122,386
2. WBFD Firefighter Turnouts — Fund 252 - $48,954
3. East Elementary Roof Design — Fud 469 — $33,377
4. Health Insurance (six months) — Fund 100, 220, 250, 530 & 555 - $493,492
5. Sewer Lift Station — Emergency Repairs — KIB Building — Fund 220 - $33,937
6. Baler Floor Design — Fund 530 - $4,059
7. Baler Rebuild — Fund 530 - $41,178
8. Bobcat 5650 Skid Steer Loader — Fund 530 - $61,709
9. Mental Health Building Abatement & Demo — Fund 100 - $1,310,000
10. Mental Health Building ROM & Demo Abatement — Fund 100 — $27,644
11. Baler Floor Overlay — Fund 530 - $225,600
12. Electronic Time & Attendance Solution — Fund 100 — $25,000
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Section 1: This ordinance is not of a general and permanent nature and shall not become a part
of the Kodiak Island Borough Code of Ordinances.
Ordinance No. FY2025-14
Page 1 of 2
Ordinance No. FY2025-14 Amending And Redirecting Funds From The Previous... Page 65 of 146
AGENDA ITEM #14. C.3.
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Section 2: The remaining unexpended $1,746.553 from the funds allocated by Resolutions
FY2023-09A are hereby re -allocated as indicated above and the supplemental
appropriations are approved.
Effective Date: This ordinance takes effect upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2025
KODIAK ISLAND BOROUGH
ATTEST:
Scott Arndt, Mayor
Nova M. Javier, MMC, Borough Clerk
Introduced by: [Mayor, Assembly, Committee, or Manager}
First reading:
Second reading/public hearing:
VOTES:
Ayes:
Noes:
Ordinance No. FY2025-14
Page 2 of 2
Ordinance No. FY2025-14 Amending And Redirecting Funds From The Previous... Page 66 of 146
AGENDA ITEM #14.D.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
JANUARY 16, 2025
ASSEMBLY REGULAR MEETING
SUBJECT: State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eating
Place License Renewal Application For Second Floor Restaurant (License
#3293 Combined Renewal Notice)
ORIGINATOR: Lina Cruz, Deputy Clerk
RECOMMENDATION:
Move that the Kodiak Island Borough Assembly objects to the renewal of Restaurant and
Eating Place License #3293 for the reasons outlined in the Clerk's investigation and letter of
protest to the applicant, and directs the Clerk to notify the Alcoholic Beverage Control (ABC)
Board of the objection.
Clerk's Note: The Assembly is encouraged to assess the license application, the information
contained within the packet, and the feedback obtained from AMCO concerning the
implications that any decision related to this renewal may have on the transfer application.
Furthermore, they should determine whether they intend to express opposition and clearly
outline the reasons for such opposition.
DISCUSSION:
This matter presents an additional opportunity for the Kodiak Island Borough Assembly to
protest the renewal of Restaurant or Eating Place License #3293, pertaining to the Second
Floor Restaurant. The Assembly has previously addressed this license, along with License
#2611, on multiple occasions.
1. September 5, 2024: The Assembly approved a protest letter regarding the renewal of
License #2611, which was sent to the Alcoholic Beverage Control Office (AMCO) on
September 6, 2024.
2. November 21, 2024: Concerns were raised regarding the ongoing operation of both
licenses (#2611 and #3293).
3. December 19, 2024: The Assembly formally protested the continued operation of
License #2611 (Sizzler Burger/Peking Restaurant) and License #3293 (Second Floor
Restaurant) during their second year of the biennial licensing period, citing issues
outlined in the Clerk's investigation. The Assembly instructed the Clerk to notify AMCO
and request the revocation of both licenses.
This packet includes copies of all relevant correspondence sent to AMCO for your reference.
On December 31, 2024, the Clerk's Office received the renewal notice for License #3293.
Following KIBC 5.01.020, an investigation was conducted, revealing several concerns that
warrant the Assembly's objection to the renewal of the license. These concerns specifically
involve the accuracy of the application and the status of the business operations. The
following issues have been identified:
Concerns from Other Departments:
Kodiak Island Borough
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 67 of 146
AGENDA ITEM #14.D.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
JANUARY 16, 2025
ASSEMBLY REGULAR MEETING
• Community Development Department:
o A correct business address is essential for the Community Development
Department to determine whether the restaurant's use complies with zoning
regulations, specifically KIBC 17.15.020 (Conformity with regulation required)
and KIBC 17.15.060 (Zoning compliance).
• Manager's Department:
o The Manager's Department protests the renewal based on the fact that the
business has been closed for several years, raising doubts about its ongoing
operation.
• Fire Marshall:
o The Fire Marshall requires a fire and life safety inspection before any approval
can be recommended for the renewal. Without this inspection, the renewal
process cannot proceed.
• Building Official:
o The Building Safety Department opposes the renewal application on the
grounds that the business is not currently active at the location indicated in the
application and has not been operational for a minimum of five years.
Given the concerns raised by departments, and in light of the Assembly's previous actions,
the Clerk's Office, with the assistance of the Borough Attorney, have drafted a formal letter of
protest. The protest is based on the issues identified in the investigation, including the
inaccurate business address and the inactivity of the business.
The consideration of the renewal by the Alcoholic Beverage Control (ABC) Board scheduled
for February 4, 2025, with a deadline of January 17, 2025, for submission of any objection for
consideration at that meeting. The KIB has until 60 days from the date of notice (March 1) to
file a protest, and if the protest is not submitted by January 17, any approval on February 4
will be conditioned on no protest being received by the ABC Board by the deadline. If a
protest is received by the ABC Board before the 60 day protest deadline, then the application
will be held over for the April meeting to evaluate the protest prior to any final approval.
The Clerk's Office has provided notice to the applicant of the intended protest. This
notification allows the applicant the opportunity to respond as required under 3 AAC 305.085.
The following documents are included in this packet for your reference:
• Draft Letter of Protest
• Notice to the Applicant of the Intended Protest
In light of these concerns, it is recommended that the Kodiak Island Borough Assembly
consider protesting the renewal of License #3293 for the Second Floor Restaurant. The
Assembly should direct the Clerk to formally communicate this objection to the Alcoholic
Beverage Control Board, in accordance with the findings from the Clerk's investigation and
the concerns raised by the various departments.
The Clerk's Office acknowledged receipt of the ownership and location transfer application
notice for REPL #3293, associated with the Second Floor Restaurant, on January 8, 2025.
The following day, January 9, 2025, the Assembly directed the clerk to contact AMCO to
assess the implications of any actions related to the renewal on the transfer. The feedback
from AMCO is provided in the packet. Under AS O4.11.480, a local governing body has the
Kodiak Island Borough
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 68 of 146
AGENDA ITEM #14.D.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
JANUARY 16, 2025
ASSEMBLY REGULAR MEETING
authority to challenge an application by submitting a clear and concise written statement of
reasons to both the director and the applicant within 60 days of receiving this notice. To
protest the application, responses must be sent to the Alcoholic Beverage Control (ABC)
Board within 60 days of receipt. The deadline for the Kodiak Island Borough to respond to the
ABC Board is March 9, 2025.
ALTERNATIVES:
1. Issue a letter of protest.
2. Issue a letter of non -protest.
FISCAL IMPACT:
OTHER INFORMATION:
Per AS O4.11.480, a local governing body may protest the renewal by sending the AMCO
director and the applicant a protest and the reason for the protest in a clear and concise
statement within 60 days of the date of the notice of filing of the application. The Borough
must also provide evidence of proof of service upon the applicant and proof that the applicant
has had the opportunity to defend the application before the local governing body's meeting.
In addition to Alaska Statutes 04.11.480, regulations in 3 AAC 305.085 states the local
governing body has the authority to protest renewal of a liquor license for public policy
reasons or due to license -related issues.
Kodiak Island Borough
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 69 of 146
AGENDA ITEM #14.D.1.
THE STATE
01ALASKA
GOVERNOR MIKE DUNLEAVY
Department of Commerce, Community,
and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 71h Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
December 30, 2024
From: Alcohol.Iicensing@alaska.gov ; amco.localgovernmentonly@alaska.gov
Licensee: Sook C. Yun
DBA: Second Floor Restaurant
VIA email: mopper7@hotmail.com
CC: None
Local Government 1: Kodiak
Local Government 2: Kodiak Island Borough
Via Email: clerks@city.kodiak.ak.us; Icruz@kodiakak.us; clerks@kodiakak.us
Re: Restaurant Eating Place License #3293 Combined Renewal Notice
License Number:
#3293
License Type:
Restaurant Eating Place License
Licensee:
Sook C. Yun
Doing Business As:
Second Floor Restaurant
Physical Address:
116 W Rezanof Dr, Kodiak, AK 99615
Designated Licensee:
Sook C. Yun
Phone Number:
907-481-2222; 407-733-6231
Email Address:
mopper7@hotmail.com
® License Renewal Application ❑ Endorsement Renewal Application
Dear Licensee:
Our staff has reviewed your application after receiving your application and required fees. Your renewal
documents appear to be in order, and I have determined that your application is complete for purposes of
AS O4.11.510, and AS O4.11.520.
Your application is now considered complete and will be sent electronically to the local governing body(ies),
your community council if your proposed premises is in Anchorage or certain locations in the Matanuska-
Susitna Borough, and to any non-profit agencies who have requested notification of applications. The local
governing body(ies) will have 60 days to protest the renewal of your license.
Your application will be scheduled for the February 4', 2025 board meeting for Alcoholic Beverage Control
Board consideration. The address and call -in number for the meeting will be posted on our home page. The
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 70 of 146
AGENDA ITEM #14.D.1.
board will not grant or deny your application at the meeting unless your local government waives its right to
protest per AS O4.11.480(a).
Please feel free to contact us through the Alcohol.licensing@alaska.gov email address if you have any
questions.
Dear Local Government:
We have received completed renewal applications for the above listed licenses within your jurisdiction. This
is the notice required under AS O4.11.480. A local governing body may protest the issuance, renewal,
relocation, or transfer to another person of a license with one or more endorsement, or issuance of an
endorsement by sending the director and the applicant a protest and the reasons for the protest in a clear
and concise statement within 60 days of the date of the notice of filing of the application. A protest
received after the 60-day period may not be accepted by the board, and no event may a protest cause the
board to reconsider an approved renewal, relocation, or transfer.
To protest any application(s) referenced above, please submit your written protest for each within 60 days
to AMCO and provide proof of service upon the applicant and proof that the applicant has had reasonable
opportunity to defend the application before the meeting of the local governing body.
If you have any questions, please email amco.localgovernmentonly@alaska.gov.
Dear Community Council (Municipality of Anchorage and Mat -Su Borough only)
We have received a completed renewal application for the above listed license (see attached application
documents) within your jurisdiction. This letter serves to provide written notice to the above referenced
entities regarding the above application, as required under AS O4.11.310(b) and AS O4.11.525.
Please contact the local governing body with jurisdiction over the proposed premises for information
regarding review of this application. Comments or objections you may have about the application should
first be presented to the local governing body.
If you have any questions, please email Alcohol.licensing@alaska.gov
Sincerely,
Kyle Helie, Licensing Examiner II
For
Lizzie Kubitz, Acting Director
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 71 of 146
AGENDA ITEM #14.D.1.
`Spl.i •tgki 550 W 7 Avenue.
1600
' AMCO
% Anchorage, AK 995D1
I { aIC^t' I Ircens�nR dlasid ROy
httos //www commerce aldslra ^vrweC/dmc0
- Phone: 907J69 03s0
fr�t�pyOliFS Alaska Alcoholic Beverage Control Board
Form AB-17: 2024/2025 General Renewal Application
• This form and any required supplemental forms must be completed, signed by the licensee, and postmarked no later than January 2, 2024
per AS O4.11.270, 3 AAC 305,050, with all required fees paid In full, or a non-refundable $SOo.00 late fee applies.
• Any complete application for renewal or any fees for renewal that have not been postmarked by February 28. 2024 will be expired per AS
04, 11 540, 3 AAC 305 050(e).
• All fields of this application must be deemed complete by AMCO staff and must be accompanied by the mandatory fees and all documents
required, or the application will be returned without being processed, per AS O4.11.270.
• Receipt and/or processing of renewal payments byAMCO staff neither indicates nor guarantees in any way that an application will
be deemed complete, renewed, or that it will be scheduled for the next ABC Board meeting
Section 1 - Establishment Contact Information
Doing Business A:: Second Floor Restaurant
License fl: 3293
If vour mailine address has chaneedwrite the NEW address below:
Mailing Address: P.O. BOX 769
City: Kodiak I state: Alaska I ZIP: 99615
Section 2 - Licensee Contact Information
Contact Licensee: The individual listed below must be part of the ownership structure of the licensee listed in Section 1. This person will
he the designated point of contact regarding this license unless the Optional contact is completed.
Contact Licensee: SOOk C. Yun Contact Phone: 407-733-6231
Contact Email: mopper7@hotmail.com
oplfonah If you wish for AMCO staff to communicate with anyone other than the Contact Licensee (such as legal counsel) about your license,
list their information below
Name of Contact: 1 Contact Phone:
Contact Email:
Section 3 - for V: ckage Stores ONLY: Written Order Information
YES NO
Do you intend to sell alcoholic beverages and ship them to another location In response to written solicitation in �❑ Q
calendar years 2024 and/er 20257 If so, you will need to apply for a Shipping Endorsement here:
his f/acc is.ohcense365.com/p
Section 4 — Ownership Structure Certification
YES NO
Did the ownership structure of the licensed business change In 2022/20237 El H
If yes, and you have NOT notified AMCO, list the updated information on form AB-39Change of Officers and submit with your renewal application.
If No, certify the statement below by initialing the box to the right of lice statement:
I certify that the ownership structure of the business who owns this alcohol license did not change in any way during
the calendar years 2022 or 2023. 777
IF.,. AB-171 (rev 10/9/2023)
� 0-c) 7-7 0It b
FEB 17 202Y 0
Page Iof3
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 72 of 146
AGENDA ITEM #14.D.1.
1�Mrr
J �
A��rtl� Alaska Alcoholic Beverage Control Board
Form AB-17: 2024/2025 License Renewal Application
Section 5 —License Operation
1Mirxc Ynu nperotrd more fhan 140 bouts In 2012 or 2023, check ONE RUN for EACHCALMOAR YEAR IhaI Ilea drstfilm hnvt dusalcohohc
brvrr.q;r Lc rn•.r wa••nprrrlr d a•. •.rl Im Ih ui AS 04 11 330.
2022 2023
1 Thr hi.rmrwas only ope ratedduring aspeclficd time eadlyear.(Not to excred 6 months per year) ,a
q your lyrr!opnn rinlr•� hrmr_r In{ngi_d_hcf_fhrm below:
2 the home•wasonlyopt-mled to meet lhominimum requtrernent of240totalhours eachcalendaryear. ❑
Art mlrlrli AR "WL Pi 90 nJ Mrmmum nnrrofian Checklist. ond�dntumrntnripn mus7 Err nrowded with this form
3. The hcrnse was not operated al all or was not operated for at least the minimum requirement of 240 totalE PT
hoursoachyear,duringonrorbothwlcndaryrars Ararnalrfeform AS29�waiWrofOnemfionAoohcouon
andrarrc snondinafees nrucf fir slrbrrlrfted Will the. npplirohnn fqr rarh (nit rvfat var durma which f8ehcense was npf
nprrnIrd
Section 6 - Violations and Convictions
Have any Notices of Violation been issued for this license in 2022 or 20237
YES NO
ao
Has any person or entity in this application been convicted of a violation of Title 04, 3AAC 304 or a local ordinance adopted under D a
AS O4.21 010 in 2022 or 20237
If you checked YES, you MUST attach a list of all Notices of Violation and/or Convictions per AS O4.11.270(a)(2). If you are
unsure if you have received any Notices of Violation, contact the office before submitting this form.
Section 7 -Certifications
As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 305, and
that this application, including all accompanying schedules and statements, are true, correct, and complete.
• I agree to provide all information required by the Alcoholic Beverage Control Board or requested by AMCO staff in support of this application
and understand that failure to do so by any deadline given tome by AMCO staff will result in this application being returned and the license
being potentially expired if I do not comply with statutory or regulatory requirements.
• I certify that in accordance with As 04.11.450, no one other than the licensee(s), as defined in AS O4.11.260, has a direct or indirect
financial interest in the licensed business.
• I certify that this entity is in good standing with Corporations, Business and Professional Licensing (CBPL) and that all entity officials and
stakeholders are current and I have provided AMCO with all required changes of the ownership structure of the business license and have
provided all required documents for any new or changes of officers.
• I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of patrons have completed an
alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed
premises during all working hours, if applicable for this license type as set forth in AS O4.21.025 and 3 AAC 305.700.
• I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I
know the lull content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true
and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or
documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A
misdemeanor under Alaska Statute IL56.210 to falsify an application and commit the crime of unsworn falsification.
Form AB•171(rev 10/9/2023)
nrivri ED
'#- 1 CM-7-7 6 01 (o
FFR 7 7 208 --,D
Page 2 of 3
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 73 of 146
AGENDA ITEM #14.D.1.
ANIC-O ` Alaska Alcoholic Beverage Control Board
��.• Form AB-17: 2024/2025 License Renewal Application
Sook C. Yun —��-- -
Printed name of licensee
Signature of license
Restaurant and Eating Place applications must include a completed AB-33: Restaurant Receipts Affidavit
Recreational Site applications must include a completed AB-36: Recreational Site Statement
Tourism applications must include a completed AB-37: Tou itatpnCertification
Wholesale applications must include a completed AB-ZS: Suppher
Common Carrier applications must include a current safety inspection certificate
All renewal and supplemental forms are available online:
https:/Iwww.commerce-alaska.gov/web/amc /Alcoholl.1censeApplication.asAx
FOR OFFICE USE ONLY
.icense Fee: s 17-12,O I Application Fee: $ 300.00 Misc. Fee: $ 0: b'O
1" 1 10 Total Fees Due: $ Lo -�'d
[Porto AB-171 (rev 10/9/2023) Page 3 of 3
RECEIVED
FEB 2 7 2029- 5A
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 74 of 146
AGENDA ITEM #14.D.1.
GO�p�. � MAR'JG9�
T 7
AMcO
"+rROL OVV
Alcohol and Marijuana Control Office
550 W Th Avenue, Suite 1600
Anchorage, AK 99501
alcohol.licensinei@alaska.¢ov
https://www.commerce.alaska '
eov/web/amco
Phone: 907.269.0350
Alaska Alcoholic Beverage Control Board
Form AB-29: Waiver of Operation Application
Why is this form needed?
This form is the means by which a licensee may request that the Alcoholic Beverage Control (ABC) Board waive the operating
requirement of AS O4.11.330(a)(3) or (d). If a recreational site license has not been operated at least once in a calendar year, or if a
license of any other type has not been operated for at least 240 hours in each calendar year, then a complete copy of this form and
the corresponding fees must be submitted for that calendar year, per 3 AAC 304.170.
This application must be accompanied by a non-refundable waiver application fee of:
• for a Vt request, an amount equal to % the applicable biennial license fee; or
for a 2"d or subsequent request, double the amount of the fee paid for the previous waiver application.
The ABC Board will determine whether, through no fault of the licensee or because the premises are under construction, the
licensed premises count not be operated for the required time during the calendar year. The ABC Board may impose conditions
along with the approval of an application for waiver, and it may deny a third or subsequent application for waiver. If an application
for waiver is denied, an application for license renewal for the succeeding license period will be denied by the Board. In addition to
the waiver application fee, the applicant must pay a late fee of $1,000 for an application that is received too late for Board
consideration at its meeting before November 30 of the year for which the waiver is requested. Please check AMCO's website for
meeting agenda deadlines.
Please note that a licensee must submit a separate completed copy of this form and pay a separate corresponding fee
for each license and for each calendar year during which a license was not operated in compliance with AS O4.11.330.
Section 1 - Establishment Information
Enter inf--tinn fnr the lirpn-p that hoc not heen operated for the time required under AS O4.11.330
Licensee:
SOok C. Yun
License Number:
3293
License Type:
Restaurant/Eating Place
OBA:
2ND FLOOR
Premises Address:
116 W. Rezanof Dr.
City:
Kodiak
State:
Alaska
ZIP:
99615
Local Governing Body:
City of Kodiak
Section 2 - Request Number and Calendar Year
FZI1st Request 2nd Request 3rd Request El Other
Request for Calendar Year 2022
[Form AB-29] (rev 3/1/2022)
Page 1 of 2
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 75 of 146
AGENDA ITEM #14.D.1.
Alcohol and Marijuana Control Ofhce
W 71h Avenue, Suite 1600
550
G�
LO Anchorage, AK 99501
7 alcohol. IicensingPalaska.eov
httos://www.commerce.alaska.gov/web/amco
A.lCO Phone: 907.269.0350
Alaska Alcoholic Beverage Control Board
`°V�WoLO 0. Form AB-29: Waiver of Operation Application
Section 3 — Reason for Non -operation
Provide an explanation as to why the licensed premises were not operated:
Change in ownership of building we have been tenants for decades wanted our spaces for their
business and interfered in every way for us to operate. Especially the challenges of trying to open
back up after COVID. This includes challenges finding qualified employees and the owner telling
them when we were not at the premises that they were the owners and they were going to evict us
and they would not have a job. T
Section 4 — Certifications
The following must be completed for establishments located within the boundaries of a local governing body:
Read the line below, and then sign your initials in the box to the right of the statement: Initials
I certify that I will provide a true copy of this application to the local governing body listed on Page 1 of this form prior toSy
ABC Board consideration of this application.
I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete
application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or E!.'
other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or
response in this application, or any attachment, or documents to support this application, is sufficient grounds for
denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute
11.56.210 to falsify an application and commit the crime of unsworn falsification.
Sook C. Yun
Printed name of licensee Signature of licensee
Office Use Only
Waiver Application Fee:
I 2S
Late Fee:
' d"U a
Tronsoction #:
c I D o s i
[Form AB-291 (rev 3/1/2022) Page 2 of 2
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 76 of 146
AGENDA ITEM #14.D.1.
s
v7
AMCO
^"'V7?oL OV*N v
Alcohol and Marijuana Control Office
550 W 71h Avenue, Suite 1600
Anchorage, AK 99501
a Icohol.licensingCdalaska.aov
his://www.commerce.alaska.gov/web/ameo
Phone: 907.269.0350
Alaska Alcoholic Beverage Control Board
Form AB-29: Waiver of Operation Application
Why is this form needed?
This form is the means by which a licensee may request that the Alcoholic Beverage Control (ABC) Board waive the operating
requirement of AS O4.11.330(a)(3) or (d). If a recreational site license has not been operated at least once in a calendar year, or if a
license of any other type has not been operated for at least 240 hours in each calendar year, then a complete copy of this form and
the corresponding fees must be submitted for that calendar year, per 3 AAC 304.170.
This application must be accompanied by a non-refundable waiver application fee of:
• for a V request, an amount equal to Y. the applicable biennial license fee; or
• for a 2nd or subsequent request, double the amount of the fee paid for the previous waiver application.
The ABC Board will determine whether, through no fault of the licensee or because the premises are under construction, the
licensed premises count not be operated for the required time during the calendar year. The ABC Board may impose conditions
along with the approval of an application for waiver, and it may deny a third or subsequent application for waiver. If an application
for waiver is denied, an application for license renewal for the succeeding license period will be denied by the Board. In addition to
the waiver application fee, the applicant must pay a late fee of $1,000 for an application that is received too late for Board
consideration at its meeting before November 30 of the year for which the waiver is requested. Please check AMCO's website for
meeting agenda deadlines.
Please note that a licensee must submit a separate completed copy of this form and pay a separate corresponding fee
for each license and for each calendar year during which a license was not operated in compliance with AS O4.11.330.
Section 1 - Establishment Information
Enter information for the license that has not been operated for the time required under AS O4.11.330.
Licensee:
SOOK C. YUN
License Number:
3293
License Type:
Restaurant/Eating Place
DBA:
2NDFLoor
Premises Address:
116W. ReZanof Dr.
City:
Kodiak
State:
Alaska
ZIP:
99615
Local Governing Body:
City of Kodiak �!771
Section 2 - Request Number and Calendar Year
El1'` Request a 2nd Request
Request for Calendar Year 2023
3'd Request Other
[Form A13-29] (rev 3/1/2022) Page 1 of 2
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 77 of 146
AGENDA ITEM #14.D.1.
Alcohol and Marijuana Control Office
MAR��
�Oti' 550 W 71h Avenue, Suite 1600
O Gym Anchorage, AK 99501
e y alcohol. licensing@alaska.gov
• � httos•//www.commerce.alaska.izov/web/amco
AM Phone: 907.269.0350
C0
Alaska Alcoholic Beverage Control Board
`111V,V0L00 ' Form AB-29: Waiver of Operation Application
Section 3 — Reason for Non -operation
Provide an explanation as to why the licensed premises were not operated:
The landlord is banging at all hours with blocking our both front and back doors and accessing our
business at all times with his keys. anything we do says he will not allow because he is the owner of
the He said he will get us out because he purchased the building with other plans. We were also
focusing on and researching possibilities of bringing golf simulators as new business to Kodiak.
And had decided to give our license to a new restaurant in Kodiak to serve our community.
Section 4 — Certifications
The following must be completed for establishments located within the boundaries of a local governing body:
Read the line below, and then sign your initials in the box to the right of the statement: Initials
I certify that I will provide a true copy of this application to the local governing body listed on Page 1 of this form prior to
El
ABC Board consideration of this application.
hereby certify that I am the person herein named and subscribing to this application and that I have read the complete
application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or
El
other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or
response in this application, or any attachment, or documents to support this application, is sufficient grounds for
denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute
11.56.210 to falsify an application and commit the crime of unsworn falsification.
Sook C. Yun
Printed name of licensee Signature of licensee
Office Use Only
Waiver Application Fee:
I2S�
Late Fee:
r 0"0 p
Transaction A,
l i cn�� 75
[Form AB-29] (rev 3/1/2022) 6, Page 2 of 2
tL1.�lJ�J1 �. AIL
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 78 of 146
AGENDA ITEM #14.D.1.
Kodiak Island Borough
Office of the Borough Mayor
710 Mill Bay Road
Kodiak, Alaska 99615
Phone: (907) 486-9310
Email: clerks@kodiakak.us
September 6, 2024
Alcoholic Beverage Control Board
C/O Alcohol and Marijuana Control Office
550 West 7th Avenue, Suite 1600
Anchorage, Alaska 99501
Re: Revocation of Sizzler Burger and Peking Restaurant REPL License #2611
Dear Alcoholic Beverage Control Board Members,
The Kodiak Island Borough Assembly asks the Alcoholic Beverage Control (ABC) Board to revoke
the Restaurant and Eating Place License (REPL) #2611 held by Sizzler Burger and Peking
Restaurant. During the Borough Assembly hearing regarding this license, the licensee said she
planned to reopen her business, and also said that she was in the process of finding a new
location. However, subsequent information has revealed that rather than pursuing the reopening
of her business, she is now looking to sell her license.
License #2611 is currently designated as "temporarily surrendered" due to the loss of its
operational location. In Kodiak, there are only four REPL licenses available, with the current
licensee possessing two, neither of which are active. In fact, these licenses have been inactive
for years, presenting somewhat of a challenge to the economic development of Kodiak. There are
other Kodiak businesses eager to obtain REPL licenses to enhance their operations; however,
license #2611, one of the two held by the licensee, remains unused. The Kodiak Island Borough
is committed to fostering economic growth and, therefore, we strongly advocate for the revocation
of license #2611 to allow other businesses the opportunity to utilize the REPL license.
Thank you for considering our letter and we hope that this would serve as a formal record of our
intent.
Sincerely,
Scott Arndt, Mayor
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 79 of 146
AGENDA ITEM #14.D.1.
Kodiak Island Borough
Office of the Borough Mayor
710 Mill Bay Road
Kodiak, Alaska 99615
Phone: (907) 486-9310
Email: clerks@kodiakak.us
December 27, 2024
Alcoholic Beverage Control Board
C/O Alcohol and Marijuana Control Office
550 West 7th Avenue, Suite 1600
Anchorage, Alaska 99501
Re: Protest and Request for Revocation of Restaurant Eating Place License #2611
Dear Alcoholic Beverage Control Board Members,
The Kodiak Island Borough (KIB) Assembly formally protests the continued operation of
Restaurant Eating Place License (REPL) #2611, held by Sizzler Burger/Peking Restaurant, and
respectfully requests the revocation of this license for the second year of its biennial license
period. This request is based on the findings of the Clerk's Office investigation, which are outlined
below:
• Both the Building Official and the Assessing Director have objected to the continued use
and operation of this license, as the business is no longer operating at the licensed
address.
• On September 6, 2024, the KIB Assembly submitted a letter to the ABC Board requesting
the revocation of this license. The reasons for this request are stated in the letter.
• On October 24, 2024, the City of Kodiak submitted a letter protesting the continued use
and operation of this license. The reasons for their objection are outlined in the letter.
Given these findings, the KIB Assembly respectfully requests that the ABC Board revoke
Restaurant Eating Place License #2611, held by Sizzler Burger/Peking Restaurant. The license
is currently listed as "temporarily surrendered" due to the loss of its operational location. Kodiak
has only four available REPL licenses, with the current licensee holding two, neither of which are
active. These licenses have been inactive for several years, which has posed challenges to the
economic development of Kodiak.
Other businesses in Kodiak are eager to obtain REPL licenses to support their operations.
However, License #2611, one of the two held by the licensee, remains unused. The KIB is
committed to fostering economic growth in our community, and we strongly advocate for the
revocation of this license to allow other businesses the opportunity to utilize an active REPL
license.
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 80 of 146
AGENDA ITEM #14.D.1.
Thank you for considering our letter and we hope that this would serve as a formal record of our
intent.
Sincerely,
Scott Arndt, Mayor
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 81 of 146
AGENDA ITEM #14.D.1.
Kodiak Island Borough
Office of the Borough Mayor
710 Mill Bay Road
Kodiak, Alaska 99615
Phone: (907) 486-9310
Email: clerks@kodiakak.us
September 6, 2024
Alcoholic Beverage Control Board
C/O Alcohol and Marijuana Control Office
550 West 7th Avenue, Suite 1600
Anchorage, Alaska 99501
Re: Revocation of Sizzler Burger and Peking Restaurant REPL License #2611
Dear Alcoholic Beverage Control Board Members,
The Kodiak Island Borough Assembly asks the Alcoholic Beverage Control (ABC) Board to revoke
the Restaurant and Eating Place License (REPL) #2611 held by Sizzler Burger and Peking
Restaurant. During the Borough Assembly hearing regarding this license, the licensee said she
planned to reopen her business, and also said that she was in the process of finding a new
location. However, subsequent information has revealed that rather than pursuing the reopening
of her business, she is now looking to sell her license.
License #2611 is currently designated as "temporarily surrendered" due to the loss of its
operational location. In Kodiak, there are only four REPL licenses available, with the current
licensee possessing two, neither of which are active. In fact, these licenses have been inactive
for years, presenting somewhat of a challenge to the economic development of Kodiak. There are
other Kodiak businesses eager to obtain REPL licenses to enhance their operations; however,
license #2611, one of the two held by the licensee, remains unused. The Kodiak Island Borough
is committed to fostering economic growth and, therefore, we strongly advocate for the revocation
of license #2611 to allow other businesses the opportunity to utilize the REPL license.
Thank you for considering our letter and we hope that this would serve as a formal record of our
intent.
Sincerely,
Scott Arndt, Mayor
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 82 of 146
AGENDA ITEM #14.D.1.
Office of the Mayor and City Council
710 Mill Bay Road, Room 110, Kodiak, Alaska 99615
October 24, 2024
Sent electronically and via certified mail
Alcoholic Beverage Control Board
C/O Alcohol and Marijuana Control Office
550 West 7th Avenue, Suite 1600
Anchorage, Alaska 99501
Re: Protest of Sizzler Burger & Peking Restaurant REPL License No. 2611
To: The Alcoholic Beverage Control Board,
The Kodiak City Council is lodging a protest with the Alcoholic Beverage Control Board for the continued
use and operation of the Sizzler Burger & Peking Restaurant REPL License No. 2611. The City Council had
limited documentation and lacked familiarity with Alcohol and Marijuana Control Office processes within
the initial 60-day protest period set by AMCO. The City Council held a public hearing on October 10, 2024,
following the postponement of the action from the July 25 and August 8, 2024, regular meetings.
Stephanie Kim spoke during the meeting on August 8, 2024, to inform the Council of the challenges to re-
open Sizzler Burger & Peking Restaurant.
Upon further review of the renewal application submitted by Sizzler Burger & Peking Restaurant dated
December 26, 2023, the restaurant's application for renewal as stated in their forms AB-17 and AB-33
includes data for food and alcohol revenue generated in 2022 and 2023. The restaurant had originally
filed $0 on City sales tax returns for 2023. It is our understanding the City can protest the second year of
continued operations pursuant to AS O4.11.480. Please accept this protest due to inconsistencies filed in
their application while remitting taxes and inability to provide restaurant and eating place services while
holding this license. The City of Kodiak further protests this license on the grounds that the Building Official
indicated the physical location of 116 W Rezanof Dr. is a vacant building and that it was renovated without
the permits required by Kodiak City Code, and the Fire Marshall indicated the building is not compliant
with fire inspection requirements.
A public hearing was held on this protest on October 24, 2024, during the City Council regular meeting at
6:30 p.m. in the Kodiak Public Library. Ms. Kim was notified of the meeting and her opportunity to
participate.
REPL No. 2611 is currently designated as "active -temporarily surrendered" as a result of the loss of its
operational location. It is well known that the restaurant has not operated for several years, including the
years referenced in the application; therefore, we request enforcement investigate the validity of this
application.
Kodiak has four REPL licenses available. There are businesses currently operating in Kodiak that have
expressed interest in applying for one ofthe licenses held by the licensee. The City of Kodiak fully supports
Telephone (907) 486-8636 / Fax (907) 486-8633
clerks@city.kodiak.ak.us
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 83 of 146
AGENDA ITEM #14.D.1.
Page 2 Protest of Sizzler Burger & Peking Restaurant REP License No. 2611
economic growth and development; therefore, the Kodiak City Council supports a protest of continued
renewal of the REPL No. 2611 that is inactive and issued until December 31, 2025. We request that this
matter be reviewed at the next Alcoholic Beverage Control Board meeting in November.
Sincerely,
Bob Stanford, Deputy Mayor
City of Kodiak
Cc: Ms. Sook C. Yun
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 84 of 146
AGENDA ITEM #14.D.1.
Kodiak Island Borough
Office of the Borough Mayor
710 Mill Bay Road
Kodiak, Alaska 99615
Phone: (907) 486-9310
Email: clerks@kodiakak.us
December 27, 2024
Alcoholic Beverage Control Board
C/O Alcohol and Marijuana Control Office
550 West 7th Avenue, Suite 1600
Anchorage, Alaska 99501
Re: Protest and Request for Revocation of Restaurant Eating Place License #3293
Dear Alcoholic Beverage Control Board Members,
The Kodiak Island Borough (KIB) Assembly, pursuant to AS 4.11.480 and 3 AAC 305.085(a),
formally protests the continued operation of Restaurant Eating Place License (REPL) #3293, held
by Second Floor Restaurant, and respectfully requests the revocation of this license for the
second year of its biennial license period. The underlying basis for the Borough's protest was
communicated to the licensee by letter dated November 20, 2024, and an opportunity for an
informal hearing on the protest was held on December 19, 2024.
This request is based on the findings of the Clerk's Office investigation, which are outlined below:
• Both the Building Official and the Assessing Director have objected to the continued use
and operation of this license, as the business is no longer operating at the licensed
address. Additionally, the business location has been converted to another use and is
non -compliant with building code requirements having been renovated without permits
and is reported by the Fire Marshal to be non -compliant with fire inspection requirements.
• On September 6, 2024, the KIB Assembly submitted a letter to the ABC Board requesting
the revocation of the other license Ms. Yun currently possess (License #2611). The
reasons for this request are stated in that letter, a copy of which is attached.
• On October 24, 2024, the City of Kodiak submitted a letter protesting the continued use
and operation of license #2611. The reasons for their objection are outlined in the letter.
Those concerns are ongoing.
Given these findings, the KIB Assembly respectfully requests that the ABC Board revoke
Restaurant Eating Place License #3293, held by Second Floor Restaurant. Kodiak has only four
available REPL licenses, with the current licensee holding two, neither of which are active. These
licenses have been inactive for several years, which has posed challenges to the economic
development of Kodiak.
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 85 of 146
AGENDA ITEM #14.D.1.
Other businesses in Kodiak are eager to obtain REPL licenses to support their operations.
However, License #3293, one of the two held by the licensee, remains unused. The KIB is
committed to fostering economic growth in our community, and we strongly advocate for the
revocation of this license to allow other businesses the opportunity to utilize an active REPL
license.
Thank you for considering our letter and we hope that this would serve as a formal record of our
intent.
Sincerely,
Scott
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 86 of 146
AGENDA ITEM #14.D.1.
Kodiak Island Borough
Office of the Borough Mayor
710 Mill Bay Road
Kodiak, Alaska 99615
Phone: (907) 486-9310
Email: clerks@kodiakak.us
September 6, 2024
Alcoholic Beverage Control Board
C/O Alcohol and Marijuana Control Office
550 West 7th Avenue, Suite 1600
Anchorage, Alaska 99501
Re: Revocation of Sizzler Burger and Peking Restaurant REPL License #2611
Dear Alcoholic Beverage Control Board Members,
The Kodiak Island Borough Assembly asks the Alcoholic Beverage Control (ABC) Board to revoke
the Restaurant and Eating Place License (REPL) #2611 held by Sizzler Burger and Peking
Restaurant. During the Borough Assembly hearing regarding this license, the licensee said she
planned to reopen her business, and also said that she was in the process of finding a new
location. However, subsequent information has revealed that rather than pursuing the reopening
of her business, she is now looking to sell her license.
License #2611 is currently designated as "temporarily surrendered" due to the loss of its
operational location. In Kodiak, there are only four REPL licenses available, with the current
licensee possessing two, neither of which are active. In fact, these licenses have been inactive
for years, presenting somewhat of a challenge to the economic development of Kodiak. There are
other Kodiak businesses eager to obtain REPL licenses to enhance their operations; however,
license #2611, one of the two held by the licensee, remains unused. The Kodiak Island Borough
is committed to fostering economic growth and, therefore, we strongly advocate for the revocation
of license #2611 to allow other businesses the opportunity to utilize the REPL license.
Thank you for considering our letter and we hope that this would serve as a formal record of our
intent.
Sincerely,
Scott Arndt, Mayor
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 87 of 146
AGENDA ITEM #14.D.1.
Office of the Mayor and City Council
710 Mill Bay Road, Room 110, Kodiak, Alaska 99615
October 24, 2024
Sent electronically and via certified mail
Alcoholic Beverage Control Board
C/O Alcohol and Marijuana Control Office
550 West 7th Avenue, Suite 1600
Anchorage, Alaska 99501
Re: Protest of Sizzler Burger & Peking Restaurant REPL License No. 2611
To: The Alcoholic Beverage Control Board,
The Kodiak City Council is lodging a protest with the Alcoholic Beverage Control Board for the continued
use and operation of the Sizzler Burger & Peking Restaurant REPL License No. 2611. The City Council had
limited documentation and lacked familiarity with Alcohol and Marijuana Control Office processes within
the initial 60-day protest period set by AMCO. The City Council held a public hearing on October 10, 2024,
following the postponement of the action from the July 25 and August 8, 2024, regular meetings.
Stephanie Kim spoke during the meeting on August 8, 2024, to inform the Council of the challenges to re-
open Sizzler Burger & Peking Restaurant.
Upon further review of the renewal application submitted by Sizzler Burger & Peking Restaurant dated
December 26, 2023, the restaurant's application for renewal as stated in their forms AB-17 and AB-33
includes data for food and alcohol revenue generated in 2022 and 2023. The restaurant had originally
filed $0 on City sales tax returns for 2023. It is our understanding the City can protest the second year of
continued operations pursuant to AS O4.11.480. Please accept this protest due to inconsistencies filed in
their application while remitting taxes and inability to provide restaurant and eating place services while
holding this license. The City of Kodiak further protests this license on the grounds that the Building Official
indicated the physical location of 116 W Rezanof Dr. is a vacant building and that it was renovated without
the permits required by Kodiak City Code, and the Fire Marshall indicated the building is not compliant
with fire inspection requirements.
A public hearing was held on this protest on October 24, 2024, during the City Council regular meeting at
6:30 p.m. in the Kodiak Public Library. Ms. Kim was notified of the meeting and her opportunity to
participate.
REPL No. 2611 is currently designated as "active -temporarily surrendered" as a result of the loss of its
operational location. It is well known that the restaurant has not operated for several years, including the
years referenced in the application; therefore, we request enforcement investigate the validity of this
application.
Kodiak has four REPL licenses available. There are businesses currently operating in Kodiak that have
expressed interest in applying for one ofthe licenses held by the licensee. The City of Kodiak fully supports
Telephone (907) 486-8636 / Fax (907) 486-8633
clerks@city.kodiak.ak.us
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 88 of 146
AGENDA ITEM #14.D.1.
Page 2 Protest of Sizzler Burger & Peking Restaurant REP License No. 2611
economic growth and development; therefore, the Kodiak City Council supports a protest of continued
renewal of the REPL No. 2611 that is inactive and issued until December 31, 2025. We request that this
matter be reviewed at the next Alcoholic Beverage Control Board meeting in November.
Sincerely,
Bob Stanford, Deputy Mayor
City of Kodiak
Cc: Ms. Sook C. Yun
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 89 of 146
AGENDA ITEM #14.D.1.
From: Seema Garoutte
To: Lina Cruz
Cc: Clerks; Aimee Williams
Subject: RE: Second Floor Restaurant Renewal Notice License #3293 (Bcc"d Staff)
Date: Tuesday, December 31, 2024 12:31:40 PM
Attachments: imaae004.oif
imaae001.Dno
The Assessors Office has one Business personal property account associated with this address but is
not for the same license named in the application.
After further research, the business personal property account associated with this application name
has been closed with Assessing since 2012. It was recovered by Assessing in 2016, and a new filing
form was sent in 2017, with nothing reported and deleted again by us in 2017 after being informed
the business was closed.
Assessing is protesting this renewal of this license due to the business being closed.
Let me know if you would like more information,
From: Lina Cruz <Icruz@kodiakak.us>
Sent: Tuesday, December 31, 2024 11:48 AM
Cc: Clerks <Clerks@kodiakak.us>
Subject: Second Floor Restaurant Renewal Notice License #3293 (Bcc'd Staff)
Good afternoon,
The Clerk's Office has received notification from the Alcohol & Marijuana Control Office (AMCO)
regarding the application for the renewal of the liquor Restaurant Eating Place License (REPL) for the
Second Floor Restaurant. Please review the attached application packet and advise us via email if
your department has any interests that may warrant a protest against the liquor license renewal
application. We would appreciate your reasoning for any objections raised. If we do not receive a
response, we will assume there are no objections, and the process will continue as planned.
If you have any questions, please feel free to reach out. Kindly ensure that any email responses
concerning protest or non -protest interests are directed to the Clerk's Office by Tuesday, January 7.
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 90 of 146
AGENDA ITEM #14.D.1.
From:
Hansen. Ted
To:
Lina Cruz
Subject:
RE: Second Floor Restaurant Renewal Notice License #3293 (Bcc"d Staff)
Date:
Tuesday, December 31, 2024 2:32:55 PM
Attachments:
imaae001.oif
Lina,
Building Safety would contest the application as the business is not in operation in the location
shown on the application and has not been operating for at least five years.
Ted Hansen, CBO
Building Official
Department of Building Safety
City of Kodiak / Kodiak Island Borough
thansen(@cit)1.kodiak.ak.us
907-486-8072 or 907-486-8070
710 Mill Bay Road, Room 208
Kodiak, Alaska 99615
From: Lina Cruz <Icruz@kodiakak.us>
Sent: Tuesday, December 31, 2024 11:48 AM
Cc: Clerks <Clerks@kodiakak.us>
Subject: Second Floor Restaurant Renewal Notice License #3293 (Bcc'd Staff)
[CAUTION - EXTERNAL EMAIL] This email originated from outside of our organization. Do not click on
links, open attachments, or provide sensitive information unless you are certain of the sender's identity and
trust the content. Report any suspicious emails to the IT department.
Good afternoon,
The Clerk's Office has received notification from the Alcohol & Marijuana Control Office (AMCO)
regarding the application for the renewal of the liquor Restaurant Eating Place License (REPL) for the
Second Floor Restaurant. Please review the attached application packet and advise us via email if
your department has any interests that may warrant a protest against the liquor license renewal
application. We would appreciate your reasoning for any objections raised. If we do not receive a
response, we will assume there are no objections, and the process will continue as planned.
If you have any questions, please feel free to reach out. Kindly ensure that any email responses
concerning protest or non -protest interests are directed to the Clerk's Office by Tuesday. January 7.
link to KIB Code pertaining to liquor license renewal procedure.
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 91 of 146
AGENDA ITEM #14.D.1.
From:
Aimee Williams
To:
Lina Cruz
Subject:
Re: Second Floor Restaurant Renewal Notice License #3293 (Bcc"d Staff
Date:
Tuesday, December 31, 2024 1:13:27 PM
Attachments:
imaae001.aif
Good afternoon, Lina,
Manager's Department protests this due to the fact that this business has been closed.
As I read through this application I see where the applicant has already said that they plan
on giving this license to a new restaurant in Kodiak. So, am I to understand that they want
to get it renewed to just "give" it to a different business? It doesn't seem as if they have met
the requirements to have it renewed. Thus, it might not be theirs to give.
Best,
Aimee
From: Lina Cruz <Icruz@kodiakak.us>
Date: Tuesday, December 31, 2024 at 11:48 AM
To:
Cc: Clerks <Clerks@kodiakak.us>
Subject: Second Floor Restaurant Renewal Notice License #3293 (Bcc'd Staff)
Good afternoon,
The Clerk's Office has received notification from the Alcohol & Marijuana Control Office (AMCO)
regarding the application for the renewal of the liquor Restaurant Eating Place License (REPL) for the
Second Floor Restaurant. Please review the attached application packet and advise us via email if
your department has any interests that may warrant a protest against the liquor license renewal
application. We would appreciate your reasoning for any objections raised. If we do not receive a
response, we will assume there are no objections, and the process will continue as planned.
If you have any questions, please feel free to reach out. Kindly ensure that any email responses
concerning protest or non -protest interests are directed to the Clerk's Office by Tuesday, January 7.
Link to KIB Code pertaining to liquor license renewal procedure.
Best Regards,
B
Una Cruz, CMC
Deputy Clerk
Office of the Borough Clerk
710 Mill Bay Road, Room 234
Kodiak, AK 99615
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 92 of 146
AGENDA ITEM #14.D.1.
From:
Christopher French
To:
Lina Cruz
Subject:
RE: Second Floor Restaurant Renewal Notice License #3293 (Bcc"d Staff
Date:
Thursday, January 2, 2025 5:00:20 PM
Attachments:
imaae002.Dna
imaQe003.aif
Community Development staff inspected the property on January 2, 2025. The restaurant is no
longer in operation at the address listed. It appears that another use is currently occupying the
location. Therefore, Community Development recommends that the borough protest against the
license renewal. If you have any questions, please let me know.
Best,
Chris
U]
From: Lina Cruz <Icruz@kodiakak.us>
Sent: Thursday, January 2, 2025 9:33 AM
To: Christopher French <cfrench@kodiakak.us>
Subject: RE: Second Floor Restaurant Renewal Notice License #3293 (Bcc'd Staff)
Sounds great, thank you Chris. I appreciate your help.
,J
Una Cruz, CMC
Deputy Clerk
Office of the Borough Clerk
710 Mill Bay Road, Room 234
Kodiak, AK 99615
(907) 486-931 1
(907) 486-9391 Fax
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 93 of 146
AGENDA ITEM #14.D.1.
Icruz@kodrakak.us
PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject
to provisions of the Alaska Statutes and may be made available to the public upon request.
From: Christopher French <cfrenchPkodiakak.us>
Sent: Thursday, January 2, 2025 9:30 AM
To: Lina Cruz <lcruzla kodiakak.us>
Subject: RE: Second Floor Restaurant Renewal Notice License #3293 (Bcc'd Staff)
Thank you, we will do a quick review on this, I should have something to you by tomorrow.
From: Lina Cruz <lcruzCcDkodiakak.us>
Sent: Thursday, January 2, 2025 9:23 AM
To: Christopher French <cfrench6 kodiakak.us>
Subject: FW: Second Floor Restaurant Renewal Notice License #3293 (Bcc'd Staff)
From: Lina Cruz
Sent: Tuesday, December 31, 2024 11:48 AM
Cc: Clerks <Clerks(@kodiakak.us>
Subject: Second Floor Restaurant Renewal Notice License #3293 (Bcc'd Staff)
Good afternoon,
The Clerk's Office has received notification from the Alcohol & Marijuana Control Office (AMCO)
regarding the application for the renewal of the liquor Restaurant Eating Place License (REPL) for the
Second Floor Restaurant. Please review the attached application packet and advise us via email if
your department has any interests that may warrant a protest against the liquor license renewal
application. We would appreciate your reasoning for any objections raised. If we do not receive a
response, we will assume there are no objections, and the process will continue as planned.
If you have any questions, please feel free to reach out. Kindly ensure that any email responses
concerning protest or non -protest interests are directed to the Clerk's Office by Tuesday. January 7.
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 94 of 146
AGENDA ITEM #14.D.1.
Lina Cruz
From: AMCO Local Government Only (CED sponsored)
<amco.localgovernmentonly@alaska.gov>
Sent: Monday, January 6, 2025 11:06 AM
To: Lina Cruz; Irwin, Sonya A (CED); AMCO Local Government Only (CED sponsored)
Cc: Irene Arellano
Subject: RE: Kodiak Island Borough Possible Protest of Licenses 3293 and 2611 under AS
04.11.480(a)
Hello Lina,
As we discussed this morning, I am sending you an email outlining how our office schedules
applications for board review. The application types might include new, transfer, renewal,
reinstatement and change applications needing board approval.
When a licensing examiner deems an application complete the next step in our process is to
schedule it for board review and then send out notices to the applicant, licensee, local governing
body that same day. To schedule an application for board review, the licensing examiner refers to
our internal calendar. For example, our calendar for board scheduling shows the next possible
board meeting is 2/4/25 and that the last possible date an application can `make' that board
meeting date is if the application was deemed complete by 1/17/2054. With this logic, if an
application is deemed complete prior to 1/18/2025 the licensing examiner will schedule it for
board review on 2/4/25. If it is deemed complete after 1/17/2524 the licensing examiner will
schedule it for the next upcoming board meeting dated for 4/15/2025.
The `deemed complete' date, which is also the date the completed application is noticed to the
local governing body, begins the 60 day count for the local governing body to either waive protest
or to protest an application.
The date an application is scheduled for board review and the 60 day timeframe allowed for a
local governing body to respond to an application do not match up perfectly. In the above
example the board review date is 2/4/25 but the local governing body has until 3/1/25 to
protest. As you might imagine, our licensing examiners, deem multiple applications and
application types complete on a daily basis and so some of those complete applications have
already gone through the 60 day local governing body response period and some have not by the
time the board meeting comes around.
Therefore, when considering an application at a board meeting, the board takes into account
what we term as `delegations'. An application deemed complete and scheduled for the 2/4/25
board meeting but is still in the 60 day time period for local government response (which has not
yet been received in this scenario) is presented to the board as an `application with
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 95 of 146
AGENDA ITEM #14.D.1.
delegation(s)'. The delegation is that AMCO has not yet received a response from the local
governing body (if that is the case).
So, the board might review an application, and, seeing no issues, `approve the application with
delegation'. After the board meeting our office might receive a waive of protest response from
the local governing body or the 60 day time period might lapse with no local governing body
response and we are then free to finalize the license. If a local governing body protests an
application timely and the board has already `approved the application with delegation' our office
stops any finalization process and then schedules the protest of the application to be reviewed at
the next possible board meeting. The application finalization remains on `hold' until the board
considers the protest at its next meeting. This is how we preserve the local governing body
protest rights while still being able to schedule various applications for board consideration.
In the specific case of the renewal of license 3293, the licensing examiner determined the renewal
application complete and, because it is complete prior to 1/18/25, scheduled it for board review
at the 2/4/25 meeting.
This is an important process to know about. Please excuse the wordiness of this explanation and
reach out if you need any more information on this or any other topic.
Thank you,
Kristina Serezhenkov
Regulations Specialist 2/Acting Local Government Specialist
Alcohol and Marijuana Control Office
550 West 7"' Avenue, Suite 1600
Anchorage, Alaska 99501
907.269-0359
From: Lina Cruz <Icruz@kodiakak.us>
Sent: Friday, January 3, 2025 12:39 PM
To: Irwin, Sonya A (CED) <sonya.irwin@alaska.gov>; AMCO Local Government Only (CED sponsored)
<amco.localgovernmentonly@alaska.gov>
Cc: Irene Arellano <iarellano@kodiakak.us>
Subject: RE: Kodiak Island Borough Possible Protest of Licenses 3293 and 2611 under AS O4.11.480(a)
Importance: High
Sonya,
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 96 of 146
AGENDA ITEM #14.D.1.
Kodiak Island Borough
OFFICE of the BOROUGH CLERK
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9310 Fax (907) 486-9391
E-mail: clerks@kodiakak.us
January 6, 2025
Sook C. Yun
Second Floor Restaurant
PO Box 769
Kodiak, Alaska 99615
RE: Hearing on Protest of Restaurant and Eating Place Liquor License # 3293 Renewal Application
Dear Ms. Yun,
This letter serves as notice of the Kodiak Island Borough (KIB) Assembly's intention to consider a
recommendation of objection to the renewal of your Restaurant and Eating Place Liquor License
(REPL) #3293 at its regular meeting on January 16, 2025. As required by 3 AAC 305.085(d), you
are being provided with an opportunity to defend your license renewal application prior to or during
this meeting.
The meeting will begin at 6:30 p.m. and will be held in the Borough Assembly Chambers at 710
Mill Bay Road, Kodiak, Alaska. At this meeting, you will have the opportunity to present any
comments or information relevant to the renewal of your liquor license.
Under AS O4.11.480 and 3 AAC 305.085, the local governing body has the authority to protest the
renewal of a liquor license for reasons of public policy or due to issues related to the license. Pursuant
to KIBC 5.01.020, the Clerk's Office conducted an investigation into the circumstances surrounding
your license renewal application. The investigation has identified concerns that support the
Assembly's objection to the renewal in order to protect the Borough's interests. The specific basis for
the protest is outlined in the enclosed draft letter of protest.
In accordance with 3 AAC 305.085(d), this letter also serves as your formal notice of the opportunity
to defend your renewal application at the scheduled Assembly meeting. We encourage you to attend
and participate in the discussion at that time.
Should you have any questions or require further information prior to the meeting, please do not
hesitate to contact the Borough Clerk's Office.
Sincerely,
OFFICE OF THE BOROUGH CLERK
inaftr2e,Depeuty Clerk
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 97 of 146
AGENDA ITEM #14.D.1.
Kodiak Island Borough
Office of the Borough Mayor
710 Mill Bay Road
Kodiak, Alaska 99615
Phone: (907) 486-9310
Email: clerks@kodiakak.us
January_, 2025
Alcoholic Beverage Control Board
C/O Alcohol and Marijuana Control Office
550 West 7th Avenue, Suite 1600
Anchorage, Alaska 99501
Re: Protest of Renewal of Restaurant Eating Place License #3293
Dear Members of the Alcoholic Beverage Control Board,
The Kodiak Island Borough (KIB) has received notice of the application for the renewal of
Restaurant Eating Place License (REPL) #3293, held by Second Floor Restaurant. The KIB
Assembly, pursuant to AS O4.11.480 and 3 AAC 305.085(a), formally protests the renewal of
REPL #3293. The basis for this protest was communicated to the licensee by letter dated January
6, 2025, and an opportunity for an informal hearing on the protest was held on January 16, 2025.
AS O4.11.480 and 3 AAC 305.085 permit local governments to protest the renewal of an existing
liquor license based on facts that make the application objectionable to the local governing body
or based on general public policy (3 AAC 305.085(e)).
The KIB Assembly objects to the renewal of License #3293 on the grounds outlined below, which
both address specific facts that make the application objectionable and reflect general public
policy considerations:
1. Misrepresentation of Location: The application misrepresents the location of the
licensed premises. There is no restaurant operating at 116 W. Rezanof Dr., Kodiak,
Alaska, nor has a restaurant operated at that address for several years.
2. Non -Operation for Five Years: The business has not operated at the identified location
for at least five years.
3. Lack of a Valid Business Address: The licensee no longer has a valid physical business
address, further complicating the renewal of the license.
4. Waiver of Operation for 2022 and 2023: The request for a waiver of operation for 2022
and 2023 should be denied under AS O4.11.330(a)(3). The applicant has not operated the
business for at least 240 hours, and the facts do not support the claim that non -operation
was temporary due to premises under construction. In fact, the licensed premises cannot
be operated because the licensee does not have a lease for the location, and the premises
have been irrevocably converted to another use.
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 98 of 146
AGENDA ITEM #14.D.1.
5. Failure to File or Pay Business Personal Property Taxes: The licensee has not filed or
paid business personal property taxes since 2017, when the KIB Assessing Department
was notified of the business closure.
6. Lack of Building Permit Approval: The premises formerly used for this business have
not received building permit approval for their current configuration, which raises concerns
about compliance with local building codes.
7. Failure to Pass Fire Safety Inspection: The premises have not passed the required fire
safety inspection, which is necessary for the continued operation of the business.
8. Public Policy Concerns: The continuation of this license without operation reduces
available opportunities for other businesses to operate with an REPL in Kodiak. The
general public policy of the KIB encourages the operation of licensed businesses and
opposes allowing licensees to hold and not operate licenses, especially where there is no
reasonable prospect of reopening the business at the licensed location.
9. Limited Availability of REPL Licenses: Kodiak currently has only four available REPL
licenses, two of which are held by the current licensee. Allowing extended continuation of
inactive licenses, creates challenges for economic development in the community.
10. Demand for REPL Licenses: Other businesses in Kodiak are eager to obtain REPL
licenses to support their operations. However, License #3293, one of the two held by the
current licensee, remains unused. The KIB is committed to fostering economic growth and
strongly advocates for the revocation of this license to allow other businesses the
opportunity to utilize an active REPL license.
Given the points outlined above, the KIB Assembly respectfully requests that the ABC Board deny
the renewal of Restaurant Eating Place License #3293 held by Second Floor Restaurant.
Thank you for your consideration of this matter. This letter serves as a formal record of our intent
to protest the renewal.
Sincerely,
Scott Arndt, Mayor
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 99 of 146
AGENDA ITEM #14.D.1.
Kodiak Island Borough
Office of the Borough Mayor
710 Mill Bay Road
Kodiak, Alaska 99615
Phone: (907) 486-9310
Email: clerks@kodiakak.us
January _, 2025
Alcoholic Beverage Control Board
C/O Alcohol and Marijuana Control Office
550 West 7th Avenue, Suite 1600
Anchorage, Alaska 99501
Re: Protest of Renewal of Restaurant Eating Place License #3293
Dear Members of the Alcoholic Beverage Control Board,
The Kodiak Island Borough (KIB) has received notice of the application for the renewal of
Restaurant Eating Place License (REPL) #3293, held by Second Floor Restaurant. The KIB
Assembly, pursuant to AS O4.11.480 and 3 AAC 305.085(a), formally protests the renewal of
REPL #3293. The basis for this protest was communicated to the licensee by letter dated January
6, 2025, and an opportunity for an informal hearing on the protest was held on January 16, 2025.
AS O4.11.480 and 3 AAC 305.085 permit local governments to protest the renewal of an existing
liquor license based on facts that make the application objectionable to the local governing body
or based on general public policy (3 AAC 305.085(e)).
The KIB Assembly objects to the renewal of License #3293 on the grounds outlined below, which
both address specific facts that make the application objectionable and reflect general public
policy considerations:
1. Misrepresentation of Location: The application misrepresents the location of the
licensed premises. There is no restaurant operating at 116 W. Rezanof Dr., Kodiak,
Alaska, nor has a restaurant operated at that address for several years.
2. Non -Operation for Five Years: The business has not operated at the identified location
for at least five years.
3. Lack of a Valid Business Address: The licensee no longer has a valid physical business
address, further complicating the renewal of the license.
4. Waiver of Operation for 2022 and 2023: The request for a waiver of operation for 2022
and 2023 should be denied under AS O4.11.330(a)(3). The applicant has not operated the
business for at least 240 hours, and the facts do not support the claim that non -operation
was temporary due to premises under construction. In fact, the licensed premises cannot
be operated because the licensee does not have a lease for the location, and the premises
have been irrevocably converted to another use.
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 100 of 146
AGENDA ITEM #14.D.1.
5. Failure to File or Pay Business Personal Property Taxes: The licensee has not filed or
paid business personal property taxes since 2017, when the KIB Assessing Department
was notified of the business closure.
6. Lack of Building Permit Approval: The premises formerly used for this business have
not received building permit approval for their current configuration, which raises concerns
about compliance with local building codes.
7. Failure to Pass Fire Safety Inspection: The premises have not passed the required fire
safety inspection, which is necessary for the continued operation of the business.
8. Public Policy Concerns: The continuation of this license without operation reduces
available opportunities for other businesses to operate with an REPL in Kodiak. The
general public policy of the KIB encourages the operation of licensed businesses and
opposes allowing licensees to hold and not operate licenses, especially where there is no
reasonable prospect of reopening the business at the licensed location.
9. Limited Availability of REPL Licenses: Kodiak currently has only four available REPL
licenses, two of which are held by the current licensee. Allowing extended continuation of
inactive licenses, creates challenges for economic development in the community.
10. Demand for REPL Licenses: Other businesses in Kodiak are eager to obtain REPL
licenses to support their operations. However, License #3293, one of the two held by the
current licensee, remains unused. The KIB is committed to fostering economic growth and
strongly advocates for the revocation of this license to allow other businesses the
opportunity to utilize an active REPL license.
Given the points outlined above, the KIB Assembly respectfully requests that the ABC Board deny
the renewal of Restaurant Eating Place License #3293 held by Second Floor Restaurant.
Thank you for your consideration of this matter. This letter serves as a formal record of our intent
to protest the renewal.
Sincerely,
Scott Arndt, Mayor
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 101 of 146
AGENDA ITEM #14.D.1.
From: Serezhenkov, Kristina R (CED)
To: Lina Cruz; Clerks
Cc: Shuravloff-Nelson. Michelle; steohani k; solshin1027Csbgmail.com; AMCO Local Government Only_(CED sponsored)
Subject: Licenses 2611 and 3293 -Protest and Applications on the 2/4/25 ABC board meeting agenda
Date: Tuesday, January 14, 2025 2:58:10 PM
Good afternoon,
Per your request I am laying out the different applications and the protest
relating to the Restaurant Eating Place licenses held by Sook C. Yoon that will be
on the agenda to be considered by the ABC board at their upcoming 2/4/2025
meeting. Ms. Soon C Yoon is cc'd on this correspondence for her information.
The statute that governs procedures for board actions is set forth at AS
04.11.510 and I have copied AS 04.11.510(a) below as the guiding statute our
office uses when scheduling applications for board consideration. We interpret
the `receipt of the application at the main office of the board' to mean the
`receipt of the complete application'. Each application is reviewed by staff, and
additional information or documentation is gathered until the application is
considered `complete', at which time the notices of completion are sent.
AS O4.11.510. Procedure for action on license applications, suspensions, and
revocations. (a) Unless a legal action relating to the license, applicant, or premises to be
licensed is pending, the board shall decide whether to grant or deny an application within
90 days of receipt of the application at the main office of the board. However, the decision
may not be made before the time allowed for protest under AS O4.11.480 has elapsed,
unless waived by the municipality.
AS O4.11.520. Notice to local governing body. After receipt of an application for the
issuance or renewal of a license, the renewal of a license with one or more endorsements,
the transfer of a license or a license with one or more endorsements to another person, the
transfer of a license to a new location, or the issuance of an endorsement from within an
established village, an incorporated city, an organized borough, or a unified municipality,
the board shall notify the local governing body in writing within 10 business days so that the
local governing body may protest under AS O4.11.480.
AS O4.11.520 allows 10 days to notify the local governing body of the complete
application, but our process is to notify the local governing body the same day
the application is deemed complete by staff.
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 102 of 146
AGENDA ITEM #14.D.1.
The below items are on the 2/4/25025 ABC board agenda for consideration,
and they are scheduled so that the protest is considered before the renewal and
transfer applications which directly follow on the agenda:
1. KIB's timely protest under AS O4.11.480 of the continued operations of
REPL license 2611 and REPL license 3293;
2. the 2024-2025 renewal application of REPL license 3293; and
3. the transfer of ownership and location application of REPL license 3293.
KIB's protest of the continued operations in the second year of the biennial
license for licenses 2611 and 3293 was timely submitted to our office before the
1/31/25 cut off date.
The renewal application for license 3293 was deemed complete on 12/30/2024
and notices were sent. The 60 day period for the City of Kodiak and the Kodiak
Island Borough to respond ends 2/28/2025. A non -response is considered a
`waive of protest' and the application moves forward. If the board considers an
application prior to receiving timely local governing body response, then the
board may `approve with delegation' the application. The license is approved if
it meets all delegations, including a waive of protest response from the local
governing body or bodies. If the local governing body protests timely after the
board `approves with delegation', the application finalization process is halted,
and the protest is scheduled for consideration at the next upcoming board
meeting.
The transfer of ownership and location application of REPL license 3293 was
deemed complete by staff on 1/8/2025 and notices were sent. The 60 day
period for City of Kodiak and the Kodiak Island Borough to respond ends
3/9/2025. It also follows the logic described in the renewal application section
above.
If the board `upholds' the protest of license 2611 only there is no ripple effect on
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 103 of 146
AGENDA ITEM #14.D.1.
license 3293.
However, if the board `upholds' the protest of license 3293 then both the
renewal and the transfer application for license 3293 will be effected. I cannot
foresee the board's action in this type of what -if scenario.
Should either the City of Kodiak or the Kodiak Island Borough submit a timely
protest of the renewal application or a timely protest of the transfer application
for license 3293, our office would look at the date the protest was submitted and
either schedule it to be heard at the 2/4/25 or the following 4/15/25 board
meeting depending on when it came in.
I hope this information is helpful and informative.
Please let me know if you have any additional questions.
Thank you,
Kristina Serezhenkov
Regulations Specialist 2/Acting Local Government Specialist
Alcohol and Marijuana Control Office
550 West 7th Avenue, Suite 1600
Anchorage, Alaska 99501
907-269-0359
State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eati... Page 104 of 146
AGENDA ITEM #14.D.2.
KODIAK ISLAND BOROUGH
STAFF REPORT
JANUARY 16, 2025
ASSEMBLY REGULAR MEETING
SUBJECT: Mayoral Veto On Contract No. FY2025-36, Authorization For The Design Of
Needed Pool Repairs With Water Technologies Inc. In The Amount Of $88,900
ORIGINATOR: Lina Cruz, Deputy Clerk
RECOMMENDATION:
Move to override the mayoral veto on Contract No. FY2025-36.
DISCUSSION:
Contract No. FY2025-36 was approved on December 19, 2024, and the Mayor filed a mayoral
veto on Friday, December 20, 2024. If the Assembly desires to override the veto, it must
make and approve a motion to override by a 2/3 majority (5 affirmative votes) at this meeting.
The 2/3 vote required is out of the entire membership (7 members) and not of those who are
present. If no one makes the motion, the veto will stand.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
KIBC 2.20.060 Veto
A. Except as provided in subsection C of this section, the mayor may veto an ordinance,
resolution, motion, or other action of the assembly and may strike or reduce appropriation
items except for school budget items.
B. A veto must be exercised before the next regular meeting of the assembly and must be
accompanied by a written explanation of the reasons for the veto. A veto may be overridden
by a vote of two-thirds of the authorized membership of the assembly within 21 days following
exercise of the veto, or at the next regular meeting, whichever is later.
C. The veto does not extend to:
1. Appropriation items in a school budget resolution/ordinance;
2. Actions of the assembly sitting as the board of adjustment; or
3. Adoption or repeal of a manager plan of government.
Kodiak Island Borough
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AGENDA ITEM #14.D.2.
Kodiak Island Borough
Office of the Borough Mayor
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9310 Fax (907) 486-9391
DATE: December 20, 2024
FROM: Scott Arndt, Borough Mayor
TO: Kodiak Island Borough Assembly
SUBJECT: Veto of Contract No. FY2025-36, Authorization For The Design Of Needed Pool
Repairs With Water Technologies Inc. In The Amount Of $88,900
During the Assembly meeting of December 19, 2024, the Assembly approved Contract No.
FY2025-36, Authorization For The Design Of Needed Pool Repairs With Water Technologies Inc.
In The Amount Of $88,900.
I hereby exercise this veto before the next Assembly regular meeting of January 16, 2025. The
following are my reasons for the veto.
1. We do not have adequate direction in order to proceed to design at this time.
2. We do not know whether we are going to recast the rebar or do a liner.
3. We do not have a method for sustainable maintenance of the pool once the repairs and
renovations are completed. Our other partners in the operation of the pool have not agreed
on what that looks like.
4. We should not waste money on a design when we are unclear of what to do and we are
unclear of how to maintain it afterwards!
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AGENDA ITEM #14.D.2.
Per KIBC 2.20.060 Veto.
A. Except as provided in subsection C of this section, the mayor may veto an ordinance,
resolution, motion, or other action of the assembly and may strike or reduce appropriation items
except for school budget items.
B. A veto must be exercised before the next regular meeting of the assembly and must be
accompanied by a written explanation of the reasons for the veto. A veto may be overridden by
a vote of two-thirds of the authorized membership of the assembly within 21 days following
exercise of the veto, or at the next regular meeting, whichever is later.
C. The veto does not extend to:
1. Appropriation items in a school budget resolution/ordinance;
2. Actions of the assembly sitting as the board of adjustment; or
3. Adoption or repeal of a manager plan of government.
Page 2 of 2
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AGENDA ITEM #14.D.2.
BEADING
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Professional Services Proposal
Kodiak Swimming Pool Renovation
Kodiak, Alaska
WTI Project Number: 22557.01
November 29, 2024
Client
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
David Conrad
Director, Engineering & Facilities
T. 907.486.9340
dconrad@kodiakak.us
Consultant
Water Technology, Inc. (WTI)
100 Park Avenue, PO Box 614
Beaver Dam, WI 53916
www.wtiworld.com
Ryan Nachreiner
Project Director
M. 920.392.2918
rnachreiner@wtiworld.com
Jennifer Gerber
Business Development Leader
M. 763.360.0594
jgerber@wtiworld.com
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WATER TECHNOLOGY I N C. WORLD LEADERS IN AQUATIC PLANNING, DESIGN AND ENGINEERING
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AGENDA ITEM #14.D.2.
Project Understanding
Scope
WTI services involve the design of the aquatic components to be renovated or repaired as developed in the WTI Evaluation
Report dated February 28, 2023
Description
The following proposal is based on these preliminary design criteria.
• Repair Pool Vessel Concrete and Corroded Rebar
• Repair Broken Pool Tile
• Replace Pool Grout
• Replace Pool Gutter Waterproofing
• Replace Handrail Anchors and Escutcheons
• Install Pump Variable Frequency Drive
• Relocate Flow Meter
• Replace Filter Diaphragm Valves
• Replace Pipe Hangers
• Replace Starting Platforms
• Replace Diving Stand
• Replace Filter Sand
Budget
The aquatic construction budget is anticipated to be approximately $400,000 to $700,000 USD.
Scope of Services
Program and Scope Review
WTI will review and confirm the project scope and discuss with Client any necessary or preferred additions or substitutions.
The pool mechanical systems will be confirmed, and potential alterations will be addressed taking into consideration:
serviceability, accessibility, efficiency, code requirements and best practice.
Program and Scope Review - Deliverables
• Finalized Scope Outline
Construction Documents
WTI will develop designs of the aquatic areas and systems to be renovated or repaired. Final CD Deliverables will contain
information suitable for contractors to provide construction pricing or bidding. Final CD Drawings provided by WTI will
contain the Professional Seal of an Architect or Engineer licensed in the State of Alaska and will be suitable for review by
permitting agencies with jurisdiction over the project. For the Construction Document (CD) phase, WTI will perform the
following tasks:
• Identify Preliminary Mechanical and Equipment Selections
• Develop Preliminary Aquatic Plans and Details
• Finalize Pool Equipment and Mechanical Equipment Schedules
• Finalize and Assemble Pool and Pool Mechanical Aquatic Drawings
o Pool Plans, Sections, and Details
o Pool Mechanical Plans, Schedules, and Details
o Pool Piping Plans, Schedules and Details
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AGENDA ITEM #14.D.2.
o Pool Structural Design
o Pool Mechanical Schematics
• Finalize Specifications
• Finalize Utility Requirements
• Finalize Coordination with other Consultants of the Client
• Perform Internal Quality Assurance Procedure
• Address Questions and Comments from Permitting Agencies
• Assist with Swimming Pool permit applications for local jurisdiction. Owner is responsible for completion, review,
and submittal of final application(s).
Construction Documents - Deliverables
• 90% CD Drawings
• 100% CD Drawings
• 100% Specifications
• Final Utility Requirements
• Draft Pool Permit Application(s)
Bidding and Negotiation
WTI will assist the Client during bid document preparation and negotiation of the Contract Documents. For the Bidding
and Negotiation (BN) phase, WTI will perform the following tasks:
• Respond to aquatic related Request For Information (RFI)
• Provide information and clarifications for Client's Addenda
• Assist in the interview of the Pool Contractors, if requested by Client
Bidding and Negotiation - Deliverables
• RFI Responses (if required)
• Addenda Support Documents (if required)
• Conformed Aquatic Documents
Construction Administration
WTI will assist the Client during construction of the project. WTI will periodically visit the project site and will endeavor to
observe the construction for conformance to the CD Deliverables. For the Construction Administration (CA) phase, WTI
will perform the following tasks:
• Review requested Submittals including Shop Drawings and other information
• Review Pool Contractor Change Order requests
• Correspond with Permitting Agencies regarding aquatic questions
• Review Pool Contractor prepared Aquatic Operation and Maintenance Manual (O&M Manual)
• Conduct Site Observation
• Provide Field Reports on Site Observation
• Review Punch List prepared by Pool Contractor
Construction Administration - Deliverables
• Shop Drawing Responses
• Change Order Responses
• O&M Responses
• Field Reports
• Punch List Responses
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AGENDA ITEM #14.D.2.
Requirements
The following information, materials, and approvals are required for WTI to effectively and efficiently perform the
services described in this proposal. The Client shall provide WTI, at no cost, with the following:
• Project record drawings, if applicable
• Project site geotechnical analysis and reports, if available
• Construction contract bid documents and addenda
• Construction contract bid responses and results
Schedule
Our fee is based on the following anticipated project milestones:
100% Construction Documents — For Permit Review: 14 to 18 weeks
Expediting the project schedule or requiring Construction Documents earlier than anticipated may incur greater costs
and require additional charges.
WTI shall require a Notice to Proceed (NTP) at a minimum of 90 days prior to any requested completion date for
Construction Documents for the proposed scope of work.
Services Provided by Others (Coordinated with WTI)
WTI will assist with coordinating all WTI provided services with other disciplines of the project team. A non -comprehensive
outline of scope for coordination and exclusion from the proposed WTI Scope of Services is below. The following services
and project scope shall be the responsibility of the Client, or other Consultants of the Client.
Architecture / Landscape Architecture
• Natatorium / Waterpark building or enclosure
• Change facilities, locker rooms, food areas, retail areas, offices and/or other support spaces
• HVAC mechanical rooms
• Pool mechanical, chemical and equipment storage rooms
• Pool deck
• Pool safety, directional or other signage
Civil Engineering
• Utility distribution, including gas, electric and water
Structural Engineering
• Building foundations, footings, bearing and spanning systems, including building support of pool vessels, pool
area, pool mechanical equipment, and pool piping
• Filtration and other mechanical equipment pads and slabs
• Pool area concrete and reinforcement, and joint sealant
• Any special inspections required by permitting officials
Mechanical Engineering
• Boilers, pool water heat exchangers, and controls
• Pool heater venting and exhaust
• Pool chemical storage room venting and exhaust
• Pool mechanical equipment room HVAC
• Natatorium HVAC
Electrical Engineering
• Aquatic Electrical Drawings
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AGENDA ITEM #14.D.2.
o Layout and Specification of all Pool Electrical Equipment including electrical disconnects, variable
frequency drives, and/or motor starters for all pool pumps.
o Power supply distribution schedules and coordination complete to pool equipment.
• Bonding and grounding plans and details for all pools, adjacent decks, deck equipment, and pool electrical
equipment.
• Pool mechanical equipment room subpanel(s) and breakers
• Pool room/area lighting and outlet power
• Pool mechanical equipment room lighting and outlet power
• Controls and low voltage wiring
Plumbing
• Pool deck drains, drain locations, and drain piping to waste
• Pool mechanical equipment room floor drains and drain piping to waste
• Pool filter backwash/drain plumbing, sump, and duplex sump pump system
• Pool mechanical equipment room potable water supply including piping to pool auto -fill
• Pool mechanical equipment room emergency eyewash station
• Fire protection system
Testing and Analysis
• Geotechnical testing and analysis
• Local water testing and analysis
Administrative
• Permits and regulatory fees.
o WTI will provide pool system information to the Client to complete construction permit applications but
is not responsible for submission nor payment of fees.
• Front-end specifications
• LEED® Registration and Application
• Document reproduction and distribution
• Preparation of addenda
• Maintenance of the plan holder list
• Record Drawings (unless accepted as an Additional Service)
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AGENDA ITEM #14.D.2.
Terms and Conditions
Basis of Agreement
This proposal incorporates by reference AIA Document 6101-2017, Standard Form of Agreement Between Owner and Architect, or
AIA Document C401-2017, Standard Form of Agreement Between Architect and Consultant. The general conditions of the contract
will be defined in AIA Document A201-2017, General Conditions of the Contract for Construction.
Scope of Services
Services offered are limited to those services described in the proposal. No other services are offered or implied unless specifically
addressed in the proposal.
Expiration
The attached proposal is considered valid for a period of ninety (90) days from the date of the proposal or its last revision date, if any.
Proposals older than ninety (90) days are expired, unless reissued by WTI with a reissue date.
Payment
All proposals are based upon payment in US dollars. Invoices will be issued monthly and are payable within forty-five (45) days of date
of invoice. An interest rate ofone percent (1.0%) per month will be payable on any amount not paid within this time period. Attorney's
fees and any other costs incurred in collecting delinquent accounts shall be paid by Client. WTI will invoice professional fees monthly,
on a percent complete basis, throughout the project term.
Hourly Charges/Additional Services
WTI personnel will be charged at the following rates:
Principal/Director $250.00
Project Manager/Engineer $185.00
Creative Studio $160.00
Project Design $145.00
Mechanical Design $170.00
Technical Design $105.00
Administrative $75.00
These rates are valid for a period of twelve (12) months from date of an accepted proposal. These rates are not valid for work involving
claims settlement, expert witness or litigation work. Additional services, if requested by Client, will be performed on a stipulated sum
or hourly basis, as agreed to in writing by both parties prior to initiating the additional services.
Reimbursable Expenses
Expenses and services not directly provided by WTI will be invoiced at one and 10/100 (1.10) times cost. International travel is business
class air. Domestic airfare will be premium economy (changeable and refundable). These costs are not included in WTI's fee unless
specifically noted as included in our proposal. Airfares are based on seven (7) days advanced purchase. Costs associated with customer
requested modifications to travel arrangements after purchase by WTI will be an addition to the contract sum.
Additional Project Related Costs
The following costs are not included in our proposal and should be anticipated in the owner's budgeting: geotechnical services and
reports, topographic and boundary surveys (site surveys), testing, project related insurance, legal and safety consultant services,
permits and fees, and marketing and operations development.
Standard of Care
Services provided by WTI under this Agreement will be performed in a manner consistent with that degree of skill and care ordinarily
exercised by members of the same profession currently practicing under similar circumstances and in accordance with the governing
codes and regulations adopted at the time of the execution of this Agreement. No other warranty or representation, either expressed
or implied, is included or intended in our proposals, contracts, plans and specifications or reports.
Risk Allocation
Client agrees that to the fullest extent permitted by law, WTI's total liability to Client for any and all injuries, claims, losses, expenses,
damages or claims expenses arising out of this Agreement from any cause or causes, shall not exceed the total amount of fees for
services for this project or twenty-five thousand and no/100 dollars ($25,000.00), whichever is greater.
Governance
This Agreement shall be governed by the laws of the State of Alaska.
Insurance
Notwithstanding any other provisions in this Agreement, nothing shall be construed so as to void, vitiate, adversely affect or in any
other way impair any insurance coverage held by either party to this Agreement. During the term of this agreement, WTI agrees to
provide evidence of insurance coverage as shown in the example Insurance Certificate attached hereto. In addition, WTI will attempt
to maintain continuous professional liability coverage for the period of design and construction of this project, and for a period of
three (3) years following substantial completion, if such coverage is reasonable available at commercially affordable premiums. For
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AGENDA ITEM #14.D.2.
the purposes of this agreement, "reasonably available" and "commercially affordable' shall mean that more than half the design
professionals practicing in this state in this discipline are able to obtain such coverage. Owner will require that any party hired for the
construction ofthe project, including but not limited to the general contractor, construction manager, and subcontractors will include,
in addition to the Owner, Water Technology, Inc. and it's consultants as additional insured for all policies related to the project.
Standard insurance carried by WTI is as follows:
General Liability (Occurrence) $1.0 Million USD
General Aggregate (Project) $2.0 Million USD
Automobile $1.0 Million USD
Umbrella/ Excess (Occurrence) $4.0 Million USD
Workers Compensation Statutory
Professional Liability (Occurrence) $2.0 Million USD
Professional Liability (Aggregate) $4.0 Million USD
Costs for additional coverage limits, if requested, will be paid for by Client.
Photography
The project architect agrees that any published photos, descriptions or award submittals of the project that include reference to the
aquatic work shall include WTI as the aquatic consultant.
Client Services
As part of WTI's quality assurance program, WTI will contact the Owner regarding services provided by WTI.
Dispute Resolution
In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the
project, Client and WTI agree that all disputes between them arising out of or relating to this agreement shall be submitted to
nonbinding mediation unless the parties mutually agree otherwise. Client and WTI further agree to include a similar mediation
provision in all agreements with independent contractors and consultants retained for the project and to require all independent
contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants,
suppliers orfabricators so retained, thereby providing all mediation as the primary method for dispute resolution, between the parties
to those agreements. No mediation arising out of or relating to this agreement shall include, by consolidation, joinder or in any other
manner, an additional person or entity not a party to this agreement, except by written consent containing a specific reference to this
agreement signed by Client, WTI and any other person or entity sought to be joined. Consent to mediation involving an additional
person or entity duly consented to by the parties to this agreement shall be specifically enforceable in accordance with applicable law
in any court having jurisdiction thereof.
Hazardous Materials
Client represents to WTI that to the best of Client's knowledge no hazardous or toxic substances within the meaning of any applicable
statute or regulation are presently stored, or otherwise located, on the project site or adjacent thereto. Further, within the definition
of such statutes or regulations, no part of the project site or adjacent real estate, including the ground water located thereon, is
presently contaminated.
Existing Conditions
Inasmuch as the remodeling and/or rehabilitation of an existing site/structure requires that certain assumptions be made regarding
existing conditions, and because some of these assumptions may not be verifiable without expending additional sums of money or
destroying otherwise adequate or serviceable portions of the building, Client agrees, to fullest extent permitted by law, to indemnify
and hold the design professional harmless from any claim, liability or cost (including reasonable attorney's fees and costs of defense)
for injury or economic loss arising or allegedly arising out of the professional services provided under this agreement, excepting only
those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the design professional.
Termination
Either party may terminate the agreement for convenience after seven (7) days written notice of intent to terminate. Client shall be
responsible for all costs and charges incurred up to the date of termination, including reasonable costs for WTI to close the work and
organize files. WTI agrees not to charge for lost or anticipated profits on the work not completed and will provide copies of work files
to Client upon receipt of final payment.
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AGENDA ITEM #14.D.2.
Fee for Professional Services
Fee
WTI professional services are offered for a stipulated lump sum and are contingent upon WTI Terms and Conditions.
Fee for Professional Services............................................................................................................. $88,900.00 USD
Fee Breakdown per Phase
Construction Documents...........................................................................................................90%
Construction Administration..................................................................................................... 10%
Trips
WTI anticipate the following number of in -person trips to facilitate meetings and/or conduct site visits.
In -Person Design and Coordination Meetings............................................................................0
Construction Administration Site Visits.......................................................................................1
Reimbursable Expenses
Project related expenses are reimbursable and are not included in the proposed fee. Reimbursable expenses include
travel, swimming pool permit fees, express shipping, and printing. WTI estimates reimbursable expenses for the project
scope will be in the range of $2,600 to $3,300, not including permit fees if applicable.
Acknowledgement
This proposal will remain valid for a period of 90 days. Please provide the signature of an authorized representative on
the line below indicating acceptance of the proposed scope and fee for professional services.
Water Technology, Inc. Kodiak Island Borough
Signature Signature
Name / Title Name / Title
Date Date
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AGENDA ITEM #14.D.2.
Additional Services
Asa n additional service for our Clients, WTI proposes the following supplementary scope of work for consideration. Please
indicate acceptance by initialing box next to selected alternate.
Alternate 1: Additional Site Visits.............................................................................. $4,000.00 USD
If additional site visits are requested, WTI will charge an additional fee per trip plus travel expenses,
assuming one WTI professional for two overnight stays.
Alternate 2c: Record Drawings — Construction Record ................................... 15% of CD Phase Fee
WTI will issue, at the completion of the project, a set of record documents which will include Contractor
provided documented modifications. Modifications are limited to contractor supplied information, and
could include dimensional modifications, equipment locations, pipe routing. Services do not include
evaluation of modifications, coordination, structural revisions, or permit revision submission.
Alternate 3: Eleven (11) Month Site Visit.................................................................. $4,800.00 USD
WTI will provide an additional site visit and field report to facilitate any contractor or equipment
warranties. Not including travel expenses which shall be billed at WTI cost.
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AGENDA ITEM #14.D.2.
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Aquatic Evaluation Report
Kodiak Community Swimming Pool
Kodiak, Alaska
February 28, 2023
Prepared For:
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Prepared By:
Ryan Nachreiner, Project Director
Water Technology, Inc. (WTI)
100 Park Avenue, PO Box 614
Beaver Dam, WI 53916
www.wtiworld.com
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AGENDA ITEM #14.D.2.
Executive Summary
WTI has been commissioned by the Kodiak Island Borough to report on the current condition of the existing indoor pool
located at 821 E Rezanof Drive, Kodiak, Alaska. WTI visited the facility on February 28, 2023, toured the pool and related
amenities, and met with staff to discuss operations. The enclosed report documents the observations from the site visit
and outlines recommended capital and operational changes. Major components of the aquatic amenities have been given
a score based on their observed condition, and these scores are weighted and aggregated to provide a total score. Below
is a summary outline of the condition scores, recommendations, and estimated capital costs.
The Total Aggregated Evaluation Score is shown below, and out of a possible high score of 100, is an indication of the
overall condition of the aquatic amenities.
Total Aggregated Evaluation Score: 76.88
The condition of a facility is a major determination of the effort and cost of maintaining the utility, the value of the
amenities, and the primary driver of remaining lifespan of the components and overall facility. A deteriorated facility will
demand higher annual operating expenses over time as parts break, systems fail, finishes deteriorate, and structures
weaken. There are also efficiencies lost when operating aging systems or equipment which are not operating with current
methods and financially sustainable practices. The recommended repairs, replacements and renovations detailed in this
report seek to repair inefficiencies and enhance the aquatic components where feasible.
Below are the recommended repairs or replacements based on the observed condition of the aquatic components and
the associated range of probable capital cost. A detailed description and cost range for each repair or replacement is
included further in the report.
Recommendations — First Priority
Pool Vessel Concrete Repair
Pool Tile Repair and Grout Replacement
Pool Gutter Waterproofing
Replace Handrail Anchors and Escutcheons
Install Pump Variable Frequency Drive
Relocate and Calibrate Flow Meter
Replace Filter Diaphragm Valves
Recommendations —Second Priority
Replace Pipe Hangers
Replace Starting Platforms
Replace Diving Stand
Replace Filter Sand
Total: $395,500 to $657,000
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AGENDA ITEM #14.D.2.
Introduction
The purpose of this evaluation is to review the present condition of the aquatic amenities and aquatic mechanical systems
at the existing Kodiak Community Swimming Pool. The evaluation consists of visual examination of the pool and associated
mechanical equipment. The report outlines the present condition of the systems, equipment, and components and
provides recommendations for repairs or replacements. Each recommendation is given an estimated range for the
probable cost to construct, install, or perform the renovation or repair.
The aquatic center is a stand-alone aquatic facility serving both the school district and the community of Kodiak. The
facility holds a single body of water with six 25-yard lap lanes, shallow water zone, and tot wading area. The deep side of
the pool contains a 1-meter springboard diving board and swim competition starting platforms. The pool has an
approximate water surface area of 4,263 ft2 and a water volume of 216,688 gallons.
The pool vessel and gutters are constructed with concrete. The pool is filtered using three high -rate sand filters. The pool
is disinfected with an in -situ salt chlorine generation system, and a back-up calcium hypochlorite feeder. The pH is
balanced using carbon dioxide. Pool water heat is provided with a heat exchanger on the building boiler system.
Methodology
WTI observed the condition of the aquatic elements at the facility. Aquatic elements include pool vessels, water features,
pool filtration systems, pool circulation pumps, piping, valves and controls, and water treatment systems. Observations
were conducted in a non-destructive manner and did not involve the removal of any structures or disassembly of any
equipment.
Major components of the aquatic systems and structures are categorized in the report and scored based on their observed
condition. The condition scores are weighted and aggregated to produce an overall evaluation score. Potential scores
range from zero to one hundred, representing the condition descriptions below:
Failing Poor Fair Good Excellent
0 25 50 75 100
Total evaluation scores for the pool and aquatic amenities are compiled and weighted to create a total aggregated
evaluation score. The total aggregated evaluation score provides an indication of the overall condition of the aquatic
amenities of the facility.
Included in the report are observations and indications of the condition of the accessible means of pool entry and exit.
WTI has endeavored to identify problems with the means of access and potential non-compliance with the Americans
with Disabilities Act (ADA). Observations and evaluations included in this report do not constitute certification or
verification of compliance with ADA requirements. ADA compliance is a legal opinion, and WTI is not able to anticipate or
guarantee judicial interpretation with respect to a facility's legal compliance. WTI recommendations are based on a
current understanding of the technical requirements of ADA regulations on aquatic amenities.
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AGENDA ITEM #14.D.2.
Compliance with Virginia Graeme Baker Pool and Spa Safety Act (VGBA) regulations has not been verified or investigated
as a part of this evaluation and report. Any statements regarding drains, suction fittings, or any other component
pertaining to VGBA are preliminary observations only, and further inspection to substantiate compliance is necessary.
The cost amounts associated with the provided recommendations are the opinion of WTI based on a professional
understanding of market conditions. Cost amounts have not been trade or contractor verified, and are intended only to
provide guidance for a preliminary aquatic budget. All cost amounts are in current dollars; there has been no forecasting
of future costs and no escalation factors applied.
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AGENDA ITEM #14.D.2.
Existing Condition
Pool Vessel Concrete
The pool vessel is constructed of steel reinforced concrete. The interior of
the vessel is finished with tile and water was in the pool at the time of
observation. The pool vessel was constructed with a mechanical chase, or
open space, around the exterior of the pool walls and below the pool deck;
allowing visual inspection of the exterior of the pool vessel walls.
Most of the pool vessel appears to be in good condition with little indication
of cracking or shifting. However, at least two locations within the pool vessel
interior have significant corrosion stains. This is an indication of water
seeping through the concrete, reaching and corroding the steel
reinforcement. This form of corrosion is a serious threat to the structural
integrity of the pool vessel if left unanswered over time.
On the exterior walls of the pool vessel, visible in the under deck mechanical
chase, there are numerous small cracks in the pool vessel concrete. Most of
these cracks appear dry and are typical of a concrete pool of this age. A few
of these cracks have efflorescence indicating excessive moisture.
Efflorescence is the deposit of crystalline salts on cementitious materials and
is due to a chemical reaction where salts are dissolved from the porous
concrete material and crystalize on the surface. In short, efflorescence is an
indication of moisture in the concrete. By itself, efflorescence does not pose
a threat to the structural integrity of the pool vessel. However, the moisture
it is indicating, if excessive and continuous over time, can become a serious
issue. Signs and symptoms accompanying efflorescence which should cause
concern include:
• Mold or mildew in the mechanical chase
• Exposed rebar
• Chipping and spalling
None of the above symptoms appeared to accompany the efflorescence in
the Kodiak pool. Therefore, the pool vessel should continue to be monitored,
but no action is needed at this time. Most of the examples of the
efflorescence were located high on the pool walls, adjacent to the perimeter
gutter. The moisture causing the efflorescence may be migration of water
due to the failure of the waterproof coating in the pool gutters, as discussed
in more detail below. The worst instance of efflorescence appears to be
below the pool deck, not associated with the pool vessel, and could be a
result of failing deck drainage and/or deck finish.
Corrosion on the pool finish interior
Cracking on the exterior of the pool wall
Efflorescence on the exterior of the pool
wall
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AGENDA ITEM #14.D.2.
Pool Tile Finish
The pool interior tile finish has some tiles that are chipped or cracked
periodically, however, is in overall good condition. Based on the age of the
grout and the leaking of water into the vessel concrete discussed above, the
grout is likely at the end of its lifespan.
Pool Gutters
The pool gutters are constructed of concrete with perpendicular PVC grating.
The interior of the gutter is waterproofed with a topical waterproof coating,
believed to be BASF Thoroseal. Pieces of this waterproofing layer appear to
be delaminating and are being found in the pump strainer basket. The
waterproofing in the pool gutter appears worn, particularly when in contact
with the gutter grating. In at least one location, rust was penetrating the
back of the gutter as a result of the failure of this waterproofing coating.
The PVC grating over the gutters is, in some places, severely stained with
rust. This discoloration is only cosmetic; however, it is unlikely to be able to
be removed through cleaning. Replacement of the grating is likely the only
method of refurbishing the gutter grating.
Starting Platforms
The pool includes six starting platforms on the deep end of the lap lanes.
These starting platforms are single post, anchored into the pool deck and are
showing typical wear for their age. There are mild to medium rust spots on
the posts of the platforms and some bolts on the platforms are rusting.
H1111111i11r
Chipped tile at edge of gutter grating
Interior of gutter
Stained gutter grating
Starting platform with signs of corrosion
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AGENDA ITEM #14.D.2.
Diving Board and Stand
The 1-meter springboard diving board and stand is located between lanes 2
and 3. The Durafirm board appears to be in good condition, however, the
paint on the diving stand is chipping and peeling. Several areas have been
repaired/repainted by staff.
Handrails and SS Hardware
The stainless -steel handrails and other hardware of the pool are in very good
condition considering the corrosive nature of a salt water pool. Some mild
corrosion exists, such as on the backstroke flag stanchions. Interestingly,
several anchors and escutcheons are badly corroded, while their associated
railings are not.
Rusted bolts on starting platform top
Diving stand with chipping/peeling
paint and repainted areas
Stainless steel grab rails
Badly corroded handrail anchor
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AGENDA ITEM #14.D.2.
Pool Pump
The pool recirculation pump appears to be in good condition, without
excessive noise or external heat. The pump is run at full capacity, without a
VFD, and the flow is throttled back to approximately 50% of flow. Staff
reports excessive water hammer when starting the pump.
20 HP recirculation pump
Pool Piping and Valves
The pool piping is PVC and appears to be in good condition. Piping at the
influent of the Chlorine Generation system had apparently been leaking and
has been repaired. Valves and couplings in piping system appear in good
condition. Several pipe hangers are rusting and/or have paint peeling off.
Pool piping and valves
Corrosion and peeling paint on hanger
Digital Flowmeter
The pool flow is measured by a George Fischer Signet Flowmeter. During the
site visit, the flow reading varied greatly, bouncing within a wide range. A
low reading of 760 GPM was observed approximately one minute before a
high reading of 1,242 GPM. Staff is aware the flowmeter sensor is located
too closely to a piping elbow based on manufacturers installation
instructions. This location is likely causing the range of readings and
inaccuracy in the flow meter.
If this low reading is used, as a worst -case scenario, for calculation of
turnover, the pool is achieving a turnover of approximately 4.75 hours.
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AGENDA ITEM #14.D.2.
Pool Filtration
The pool filtration system is a three tank combination of horizontal sand
filters. The tank bodies are multi -layered fiberglass intended to hold a bed
of #20 silica sand media. The filters are connected to the pool system with
diaphragm valves, which are operated by a backwash controller.
The model filter at the Kodiak pool has filter bed size of 19 square feet and
a maximum flowrate of 20 GPM. Each filter tank can handle up to 380 GPM
of flow, for a total system maximum flowrate of 1,140 GPM. The high reading
observed on the flow meter during the site visit exceeded this total system
maximum flowrate. While this flow meter reading is likely an inaccuracy, any
actual flow exceeding this rate can damage the filter and reduce filtration
effectiveness.
At the time of observation, the influent and effluent pressure gauges
indicated an approximately 11 PSI difference. (The effluent pressure gauge
is incorrectly labeled "Influent') This is approximately the differential level
indicating backwashing is necessary. Staff reports the influent pressure after
backwashing does not return to the initial levels of a clean filter. Common
causes of not returning to initial influent pressure levels are:
1) Insufficient Backwashing — If the filters were not backwashed long
enough, dirt and debris may not have sufficiently been flushed from
the filter and remain after backwashing. The bed of sand is not being
fully cleaned during the backwashing process.
2) Damaged Sand Bed — If the quality of the bed of sand is damaged in
some way, a return to initial clean filter pressures may not be
possible. Examples of a damaged bed of sand include:
a. Compressed sand, often due to excessively high operating
pressures
b. Calcified sand, due to high calcium levels and deposits
The diaphragm valves on each filter tank is leaking. Some type of topical
waterproofing has been applied to the exterior of the valves to try to fix the
leaks. The leaking is starting to corrode the bolts and nuts at the flanges of
the valves. All three of the valves have failed in this same manner.
Chlorine Generation System
The primary disinfection of the pool is performed by a 4-unit TMI salt
chlorine generator. The system uses electrodes in the pool water to convert
the chloride ions from dissolved salt into hypochlorous acid through
electrolysis. The system appears to be in good condition and is indicating
working at full efficiency.
Staff reports operating the salt content of the pool at 3,500 PPM to 4,800
PPM, which is slightly above the maximum (4,500 PPM) of this model of
chlorine generator. Also, a Blue -White Pitot Tube flow meter on the chlorine
generator bypass line indicates a flow of approximately 160 GPM, which is
below the system cell maximum of 175 GPM.
Horizontal sand filters
Failing filter valves
TMI Chlorine Generation System
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AGENDA ITEM #14.D.2.
Calcium Hypochlorite System
The pool has a back-up, or secondary, disinfection system, which is necessary
with in -situ chlorine generation as the capacity of the electrodes to produce
chlorine may not be able to respond to rapid load/contamination demands.
The back-up disinfection at the Kodiak pool is an 18-pound capacity Calcium
Hypochlorite feeder. The feeder and associated pump and valves appear to
be in good working condition. The feeder is used infrequently, and staff
maintain a low level of calcium hypochlorite on -hand.
Carbon Dioxide System
The pool water is chemically balanced with the injection of carbon dioxide
gas. The CO2 is stored in pressurized cylinders and released into the pool
water based on the pool chemical controller readings of pH. The cylinders
are strapped to the wall both when in use and in storage.
Ultraviolet Sanitation System
Supplementary sanitation is provided by a Hanovia medium -pressure
Ultraviolet radiation system. This system exposes the pool water to specific
doses of UV radiation, which assists in the inactivation of bacteria and
pathogens and the breakdown of chloramines.
The stainless -steel chamber is in excellent condition and there appears to be
no indications, or staff reports, of failures of the internal wiping mechanisms
or quartz sleeves.
Cal Hypo Feeder
Carbon Dioxide Tanks
Hanovia UV unit
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AGENDA ITEM #14.D.2.
Observations
Below are descriptions of the observations from the site visit for major components of the aquatic amenities. A
ranking of the condition of each component is indicated with an associated score.
Condition Condition Weight
Rank Score Value Total Score
Pool Vessel Poor 25 0.100 2.50
Type/Style: Concrete
Issues/Problems:
0 Cracking 0 Groundwater Infiltration
0 Rust/Corrosion 0 Exposed Reinforcement
0 Shifting/Movement 0 Leaking/Water Loss
Pool Finish
Type/Style: Tile
Issues/Problems:
0 Cracking
0 Spalling
0 Delamination
Pool Gutters
Type/Style: Concrete
Issues/Problems:
0
Broken Grating
0
Insufficient Channeling/Flow
0
Insufficient Rimflow
0
Flooding/Insufficient Capacity
0
Ineffective Dropouts/Removal
Pool Accessibility
Type/Style: Ramp Entry
Issues/Problems:
0 Not Operable Without Assistance
0 Insufficient Capacity/Lifting Power
Fair 50 0.075 3.75
0 Coarse/Rough Surface
0 Softening/Dissolving
0 Staining
Fair 50 0.100 5.00
0 Cracking
0 Spalling
0 Staining
0 Excessive Noise
0 Compromised Waterproofing
Excellent 100 0.050 5.00
0 Not Present at Time of Observation
0 Hardware Corrosion
Pool Handrails Good 75 0.025 1.88
Type/Style: Stainless Steel
Issues/Problems:
0 Staining 0 Scale Formation
0 Corrosion 0 Loose/Insecure
Main Drains Excellent 100 0.07S 7.50
Type/Style: Triple
Comments: Compliance with VGBA not verified. Location and quantity acceptable, covers appear to be
compliant. Recommended facility check for records of drain sump VGBA compliance
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AGENDA ITEM #14.D.2.
Issues/Problems:
0 Missing/Broken Cover
0 Unsafe Fitting Condition
Return Inlets
Type/Style: Floor
Comments:
Issues/Problems:
0 Broken Fixture
0 Blocked/Non-Functioning
Piping
Type/Style: PVC
Issues/Problems:
J Leaking
0 Corrosion
0 Metal Components
Excellent 100 0.050 5.00
0 Missing Cover/Face
Excellent 100
0 Unnecessary Connections
0 Inefficient Routing
0 Blockages/Plugged
Filtration
Fair 50
Type/Style: Pressure High -Rate Sand
Issues/Problems:
0
High Operating Pressure
0
Insufficient Capacity
0
Low Operating Pressure
0
Insufficient Flow
0
Clogs/Debris
0
Inoperable Valves
0
Biological Growth
0
Leaking Tank/Valves
Circulation Pump
Good 75
Type/Style: Centrifugal
Impeller
Issues/Problems:
0
Excessive Motor Heat
0
Corrosion
0
Excessive Motor Noise
0
Insufficient Flow
0
Leaking
Circulation Valves
Excellent 100
Type/Style: Butterfly
Issues/Problems:
0
Inoperable - Closed
0
Broken Handle
0
Inoperable -Open
0
Corrosion
0
Limited Flow Adjustment
0
Leaking
Chemical Control
Excellent 100
Type/Style: Automatic Chemical Controller
Issues/Problems:
0
Inaccurate Disinfectant Readings
0
Inaccurate pH Readings
0
Control Flowswitch
0
Alerts
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0.050 5.00
0.100 5.00
0.050 3.75
0.050 5.00
0.050 5.00
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AGENDA ITEM #14.D.2.
Chemical Storage and Safety
Excellent 100 0.050 5.00
Type/Style: CO2 Cylinders and Low Amounts of Calcium
Hypchlorite
Issues/Problems:
Insufficient Fire Protection
0
Insufficient Spill Protection
Lack of Chemical Separation
O
Inoperable Air Evacuation
MSDS Not Present
O
Missing/Inoperable Eyewash Station
Leaking Containers (Liquids)
O
Missing Personal Protective Equipment
Spilled Containers (Powders/Solids)
O
Open Containers / Exposure to Fumes
Primary Disinfection
Excellent 100 0.050 5.00
Type/Style: In -Situ Salt Chlorine Generation
Issues/Problems:
Hazardous Injection Location
O
Leaking
Hazardous Conveyance Methods
Lack of Automation
Supplemental Disinfection
Excellent 100 0.050 5.00
Type/Style: Ultraviolet
Issues/Problems:
C) Broken Bulb
Broken Wiping Mechanism
G Insufficient Voltage
Lack of Downstream Strainer
Chemical Balance
Type/Style: Carbon Dioxide
Issues/Problems:
Hazardous Injection Location
Hazardous Conveyance Methods
Pool Water Heating
Type/Style: Heat Exchanger
Issues/Problems:
Corrosion
Leaking
Total Pool Score
Observations
Excellent 100 0.050 5.00
Leaking
Lack of Automation
Excellent 100 0.025 2.50
Insufficient Heat
Weight Score
1.00 76.88
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AGENDA ITEM #14.D.2.
Anticipated Future Capital Costs
The standards of care implemented in the operation and maintenance of any pool will be directly affected by annual
operations and maintenance (O&M) budgets and annual capital replacement budgets. For example, a maintenance plan
where all tasks are carried out in accordance with recommended best management practices may produce a perfect
swimming pool but may also prove costly and require unsustainable O&M budgets overtime. Alternatively, a maintenance
plan where tasks and repairs are deferred or neglected may reduce the annual O&M budget but result in higher capital
budgets to replace or repair damages that could have been avoided with preventative care. It is essential to develop a
comprehensive maintenance and asset management plan for the Facility that balances fiscal considerations with the
necessary maintenance requirements for a high -quality visitor experience.
Typically swimming pool maintenance expenses can be grouped into a few categories:
1) Staffing/Labor
2) Chemicals & Supplies
3) Preventative Maintenance
a. Short-term repairs or annual replacements, such as pump seals, chemical controller probes, UV lamps,
annual start-up, shutdown, etc.
4) Long -Term Repairs
a. End -of -life items like heater replacement, filter media replacement, plaster pools, pool shell maintenance,
and renovation
Due to the complexity of swimming pool maintenance, a strategic plan is essential to sustain efficient operations. A custom
plan can be adapted to ensure compliance with applicable standards, can support management decisions, and can
incorporate the recommendations of equipment manufacturers. Because pool equipment and its accompanying systems
vary from one pool facility to another, the equipment manufacturer's literature's maintenance, operating, and service
instructions must be used in conjunction with any long-term maintenance plan.
A preventive maintenance program, effectively implemented, will improve equipment operating performance, and extend
equipment life. In addition, preventive maintenance program records should be used as an inventory planning tool and
scheduling tool for staff. Establishing a preventive maintenance program requires a record of past operating experience
and the equipment manufacturer's recommendations to develop individual equipment maintenance and scheduling
requirements. Regularly scheduled equipment maintenance prevents sudden and unexpected equipment failure and
reduces the respective life -cycle cost.
For the Kodiak Island Borough pool, the expected long-term repairs of major or critical components, along with their
anticipated capital costs, are forecasted based on typical component lifespans, component age, and existing condition.
Preventative maintenance items are noted.
Aurora 20 HP Recirculation Pump
Expected Lifespan: Replacement Value
10 years $15,000
Pentair Whisperflo 1.0 HP Self Priming Pump
Expected Lifespan: Replacement Value
10 years $15,000
Hanovia UV Water Treatment Unit
Expected Lifespan: Replacement Value
Preventative Maintenance:
Seal kits and bearings are normal wear items. Replace/rebuild
impeller as needed.
Preventative Maintenance:
Seal kits and bearings are normal wear items.
Preventative Maintenance:
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AGENDA ITEM #14.D.2.
Chamber: Lifetime $50,000
Cabinet: 10 years
Pentair THS Series High -Rate Sand Filters
Expected Lifespan: Replacement Value
25 years $90,000
Wipers, seals, and sleeves are normal wear items. Typical to
replace bulbs once per year or more. Unit should be inspected
annually.
Preventative Maintenance:
Yearly internal inspection of sand bed. Sand media replacement
needed if contaminated or insufficient influent pressure when
clean/backwashed.
Pentair THS Series Diaphragm Valve Face Piping Kit
Expected Lifespan: Replacement Value: Preventative Maintenance:
10 years $15,000 Gaskets and seals are normal wear items.
ProMinent Chemical Controller
Expected Lifespan: Replacement Value: Preventative Maintenance:
15 years $10,000 Annual replacement of probes
TMI Model ZX-5 Chlorine Generator
Expected Lifespan: Replacement Value: Preventative Maintenance:
Controls: 10 years $75,000 Annual cleaning of cells. Careful balance of pool water chemistry.
Electrode Cell: 5 years
Vantage ACF-18 Cal Hypo Feeder
Expected Lifespan: Replacement Value: Preventative Maintenance:
10 years $5,000 Periodic cleaning of buildup in chemical hopper
Pool Tile Finish
Expected Lifespan: Replacement Value: Preventative Maintenance:
Tile: Lifetime $50 per SF Periodic replacement of chipped or cracked tile. Grout lifespan
Grout: 8 years significantly impacted by water balance.
Stainless Steel Hardware/Railings
Expected Lifespan: Replacement Value: Preventative Maintenance:
15 years Varies per item Daily cleaning/rinse/wipe-down
Diving Board and Stand 1-meter
Expected Lifespan: Replacement Value: Preventative Maintenance:
15 years $35,000 Daily rinse with fresh water. Periodic cleaning of board with
detergent to remove excessive buildup.
Each of the items above are crucial for the operation of the pool and planning for their replacement at the end of their
expected lifespans should be anticipated. However, some items would cause immediate and catastrophic closure of the
pool if an unexpected failure occurred. Critical items which are likely to fail in the near future are listed below and should
be inventoried and kept on -hand for immediate replacement.
Recommended Inventoried Replacement Components ("Critical Spares")
• (1) 20 HP Recirculation Pump Motor
• (3) Pentair THS Diaphragm Valves
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AGENDA ITEM #14.D.2.
Recommendations
Based on the previously discussed observations, the following repairs or replacements are discussed below for the
improvement of the aquatic center. Recommendations are divided into two priorities: First Priority and Second Priority.
First Priority recommendations should be planned for immediate implementation and are needed, at a minimum, to allow
the facility to operate more efficiently and effectively and provide a safe, healthy, and beneficial experience to facility
users. Secondary Priority items are encouraged but may be deferred as they hold no significant threat to safety or
operational efficiencies. For each recommendation, an estimated range of probable construction costs has been provided
for use in preliminary budgeting.
Aquatic amenities and components have been observed and considered for recommendations for improvement. Elements
of the facility beyond the aquatic components, such has site, building, and building mechanical components, are excluded
from the analysis of this report.
First Priority Recommendations:
Pool Vessel Concrete Repair $135,000 to $210,000
In the areas with rust/corrosion on the interior of the pool vessel, the pool vessel concrete should be
demolished and replaced. The tile finish will need to be removed and the concrete removed to expose the
steel reinforcement. All corroded steel reinforcement should be removed until new steel can be tied into
existing uncorroded reinforcement. Concrete should be replaced, with waterstops where appropriate,
and matching tile finish installed over the repaired area.
Pool Tile Repair and Grout Replacement $95,000 to $175,000
Any broken, cracked, or chipped tiles should be removed and replaced. The grout between the tile should
be removed and new non-metallic, non -shrink grout installed to renew the waterproofing abilities of the
tile finish.
Pool Gutter Waterproofing $45,000 to $80,000
The pool gutter topical waterproofing should be removed and replaced. The surge tank waterproofing
should also be inspected and replaced. The surge tank waterproofing may likely also be failing, and pieces
of the failed waterproofing from the gutter are likely collected in the surge tank. After removal of existing
waterproofing layers, a new topical waterproofing should be applied to both the gutter interior and surge
tank interior.
Replace Handrail Anchors and Escutcheons $10,000 to $25,000
Many handrail anchors and escutcheons are severely corroded. This increases unwanted metal ions into
the pool water and brings the long-term structural integrity of the handrails/grabrails into question. This
replacement could be considered a Second Priority, but the destructive nature of anchor replacement
makes performing the replacement most appropriate when the pool tile/grout replacement and pool
vessel concrete repair occur.
Install Pump Variable Frequency Drive $10,000 to $15,000
Using a valve to reduce the flow from a fully powered pool pump is a traditional means of optimizing flow
of a pool system. However, the pump is expending much greater energy than is necessary for the system
to operate properly. Modern variable frequency drives optimize the pump output, making valve throttling
unnecessary and saving significant amounts of energy.
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AGENDA ITEM #14.D.2.
Relocate and Calibrate Flow Meter In -House / Operations
The flow meter is clearly giving inaccurate readings, likely due to the proximity of the sensor to a pipe
elbow. The sensor should be relocated to a piping location with the manufacturer's recommended
distance of straight pipe from any piping joints/elbows.
Replace Filter Diaphragm Valves $55,000 to $80,000
The diaphragm valves on each filter tank are insufficiently repaired for leaking. An external topical
treatment for leaking on these components should not be a long-term solution. Failure of even one of
these valves would leave the pool with insufficient filtration capacity and cause the shutdown of the pool
until repairs are completed. The diaphragm valves should be replaced and seated in all new gaskets.
Second Priority Recommendations:
Replace Pipe Hangers $500 to $2,000
Several pipe hangers are showing corrosion and peeling paint. This deterioration is not at a level where
imminent failure is expected, but replacement should be anticipated. However, this report cautions that
a seismic event may bring into question the urgency of this replacement.
Replace Starting Platforms $30,000 to $45,000
Starting platforms experience harsh conditions with competitive swimmers continuously washing the
platforms in pool water with bather splashout. The starting platforms are beginning to show signs of rust
and corrosion. Replacement, or at least future planning for replacement, should be considered as the
corrosion will only worsen overtime.
Replace Diving Stand $15,000 to $25,000
The diving stand, and specifically the epoxy paint, is not holding up well in this pool environment. Paint is
chipping and peeling off in several spots, and repainting has already been performed in numerous other
spots. While this does not appear to be due to structural corrosion, this failure is likely to continue.
Replacement of the dive stand will likely become necessary. Prior to stand replacement, staff should
continue to repaint failing spots with manufacturer recommended epoxy paint, which will help prevent
corrosion and improve the aesthetics.
Replace Filter Sand In -House / Operations
Based on staff feedback, the filter sand bed is likely less than optimally effective. A new bed of sand would
renew the filtration efficiency of the system, remove worn or damaged sand, and help minimize
contamination, and maintain a clean internal filter environment. Replacement of the sand should be
projected for the near future. Sand is commonly removed by in-house staff, or by rented/hired vac truck.
[END]
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AGENDA ITEM #14.D.3.
KODIAK ISLAND BOROUGH
STAFF REPORT
JANUARY 16, 2025
ASSEMBLY REGULAR MEETING
SUBJECT: Confirmation Of The Mayoral Appointment To The Solid Waste Advisory Board
Of Mr. Dennis Irwin
ORIGINATOR: Irene Arellano, Assistant Clerk
RECOMMENDATION:
Move to confirm the mayoral appointment to the Solid Waste Advisory Board of Mr. Dennis
Irwin to an At -Large seat for a term to expire on December 31, 2025.
DISCUSSION:
There is currently one at -large seat and one retail business representative seat vacant on the
Solid Waste Advisory Board. This appointment will assign Mr. Irwin to the At -Large seat to
expire on December 31, 2025.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
KIB Code 2.100.030 Appointments.
A. Members of boards, committees, and commissions, except for members of the board of
adjustment, members of the board of equalization, and elected service area board members,
are appointed by the mayor and confirmed by the assembly unless otherwise specifically
provided elsewhere in this code.
B. 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
Kodiak Island Borough
Confirmation Of The Mayoral Appointment To The Solid Waste Advisory Boa... Page 134 of 146
AGENDA ITEM #14.D.3.
From:
noreolv@)civicolus.com
To:
Clerks
Subject:
Online Form Submittal: Application Form
Date:
Wednesday, December 4, 2024 10:16:38 AM
Application Form
Please complete the online form below. Please be aware that the information
given on your application is made available to the public. Staff will require the use
of a mailing address, email address, and contact phone number to provide board
and meeting information.
SOMOUITTINIONIYi7:7u&AMA KiUT
Full Name Dennis Irwin
Physical Address
Where you Claim
Residency:
Phone Number(s)
(numeric only):
Email Address(s):
Employer/Occupation:
Select the the Board,
Committee,
Commission, or Work
Group for which you
are applying:
Other:
3965 Spruce Cape Rd
2067146649
Dennisirwin@pm.me
Homemaker
Solid Waste Advisory Board
Field not completed.
Category: Field not completed.
PLEASE ANSWER THE FOLLOWING
Are you a Borough Yes
Resident?
If yes, for how long? 17 mo
Are you a registered Yes
voter?
*(Planning And Zoning Commissioners, Once Appointed, Will Be Required To Fill
Out APOC Financial Disclosure Forms)*
Confirmation Of The Mayoral Appointment To The Solid Waste Advisory Boa... Page 135 of 146
AGENDA ITEM #14.D.3.
Are You Willing To File No
APOC Financial
Disclosure Forms?
BACKGROUND INFORMATION
Please List Any
Current Memberships
Or Organization(S) You
Belong To Or
Participate In:
What Background,
Special Training,
Education, Experience,
Or Credentials Do You
Possess And Will Bring
To Your Selection(S):
Why Are You
Interested In Serving
On The Selected
Board, Committee,
Commission, Or Work
Group? Explain Your
Main Reason For
Applying. This May
Include Information On
Future Goals Or
Projects You Wish To
See Accomplished Or
Any Additional
Information That May
Assist The Mayor And
Assembly In The
Decision -Making
Process:
Additional Information,
A Resume, Or Letter
Of Interest May Be
Uploaded But Is Not
Required.
National muzzle loader rifle association,
I have experience with green/yard waste management,
composting
I'm interested in making sure that the waste in this community is
being handled in the most sustainable and economical way
possible. I would like to see as many resources as possible
reused in our local community, either on the island, or elsewhere
in Alaska. I would like to help facilitate private enterprise in
stemming the flow of valuable resources away from our
community.
Field not completed.
FOR CLERKS OFFICE STAFF ONLY
Registered Voter of the Yes
Borough:
Confirmation Of The Mayoral Appointment To The Solid Waste Advisory Boa... Page 136 of 146
AGENDA ITEM #14.D.3.
Resident of the Service Yes
Area:
Date Provided to 12/4/2024 10:15 AM
Mayor or Assembly:
Email not displaying correctly? View it in your browser.
Confirmation Of The Mayoral Appointment To The Solid Waste Advisory Boa... Page 137 of 146
AGENDA ITEM #14.D.3.
KODIAK ISLAND BOROUGH
SOLID WASTE ADVISORY BOARD
NAME TERM ENDS I CONTACT NO. EMAIL
At -Large
Seats
1
VACANT
2025
2
Lawrence Van Daele
3401 Antone Way
2025
(907) 654-8822
kodiaklarry(cD_gmail.com
3
Andie Wall
1719 Selief Lane
2026
(907) 654-1443
And ie.w.waIICcDgmail.com
4
Judith Phillips
11240 Womens Bay Drive
2025
(907) 512-7410
ludgeludyp(cDgmail.com
5
Leanna Harrington
838 Sargent Creek Rd
2027
(907) 942-7575
leannalharrington(a-)_gmail.com
2 Designated Seats
Construction Business Representative
6
Douglas Hogen 2027
3099 Spruce Cape Rd
(907) 539-5407
(907) 486-4407
dlhogen(o)_gmail.com
Retail Business Representative
7
VACANT
2027
NAME
TERM
CONTACT
EMAIL
(Ex Officios, Non -Voting)
ENDS
NO.
1
Assembly Representative
October
(907) 491-1200
Dave. Johnson(@kibassembly.org
Dave Johnson
2025
3073 Lakeview Dr.
2
KIB Staff Representative
(907) 486-9357
dconrad(o)kodiakak.us
Dave Conrad
3
USCG Representative
(907) 487-5494
Jennifer. n.nutt(a-uscg.mil
Jennifer N. Nutt
(907) 854-4514
Environmental Division
Chief
4
City of Kodiak
(907) 654-7559
cgronn(a-)_city.kodiak.ak.us
Representative
(907) 486-8670
Corey Gronn
PO Box 9005
5
KHS Student Council Rep
April 29
Annually
STAFF: Engineering and Facilities Department
E&F Director Dave Conrad
(907) 486-9357
dconrad(a)kodiakak.us
E&F Secretary Brian Price
(907) 486-9343
bprice(c)kodiakak.us
LEGISLATION:
Kodiak Island Borough Code 2.145, Solid Waste Advisory Board
By-laws adopted and ratified on June 2, 2010
Rev. by IA
12/20/2024
Confirmation Of The Mayoral Appointment To The Solid Waste Advisory Boa... Page 138 of 146
AGENDA ITEM #18.A.
WOMENS BAY SERVICE BOARD
REGULAR MEETING MINUTES
Date: Tuesday, November 5, 2024
Call to Order: 5:30
Commissioners Present: Jason Chandler, Billy Ecret-Vice Chair, Greg Egle-Chair, Dave
Heuman-Secretary and Bill Roberts.
Commissioner Absent: Jon Melin
Also in Attendance: Kevin Arndt & Brandon Cox - Contractor, Dave Conrad -Fire Chief
Residents: Christian Wright, Ryan Wright, Nathan Raibold-Clark, Katie Heglin.
Approval of agenda by unanimous vote.
Approval of minutes by unanimous vote for:
1. Regular Meeting of October 1, 2024
Citizen's Comments:
1. CW came to discuss the gouge by the grader at her driveway entrance. Board will look
with KA on Wednesday 11.6 to create a swale instead. The issue is material washing
down the driveway into the road below, which is Birch Circle.
2. KH;
a) 4 Culverts on Kalsin Drive in various states of failure
b) Run-off from Ugak Dr flooding over Kalsin, berms preventing it flowing into the ditch
3. N R-C; Concerned about the culvert on Russ Loop Rd. Board will look on 11.6 with KA to
assess.
Contractor Comments: October work
1. Crack sealing, pot hole paving, side hole filling with D1
Chairman's Report:
1. Work orders
a) Cut trees at Rittenhouse spot/ 11415 Kalsin
b) Address wet spot at McCarthy/921 Sgt Ck
c) Board members available to drive around on 11.6 to look at residents' concerns and
amend the current work list.
2. Budget updates
a) FD; none
b) RS; 34 k last month invoiced
3. Communications
a) None
Old Business:
1. Fire Dept
a) Brush Truck Recall pends scheduling w/ ferry trip.
2. Road Service;
a) None
New Business:
1. Fire Dept
a) None
2. Road Service
a) Bill Roberts was re-elected to a 3 yr term last month, and
sworn in by the KIB Clerk prior to this meeting.
Citizen Comment:
1. none
Board Member Comments;
Page 1 of 2
Womens Bay Service Area Board Regular Meeting Minutes of November 5, 202... Page 139 of 146
AGENDA ITEM #18.A.
WOMENS BAY SERVICE BOARD
REGULAR MEETING MINUTES
1. BE; New Driveway at 11276 BF Rd, no record of permit, may affect drainage.
2. JC; Should do some grading as weather permits.
Meeting adjourned at 6:15 pm
Next Regular meeting scheduled for December 3, 2024 at 5:30 p.m.
CHAIRPERSON
WITNESS
DEC 13 2924
BOROUGH CLERK'S OFFICE
KODIAK, ALASKA
Page 2 of 2
Womens Bay Service Area Board Regular Meeting Minutes of November 5, 202... Page 140 of 146
kfill■
&D I
AL.1 01 ASKA Kimm
January 16, 2025
Kodiak Island Borough
710 Milt Bay Road
Kodiak, Alaska 99615
RE: 11T QUARTER REPORT, FY25 (7/01/24- 9/01/24) FOR DISCOVER KODIAK
Dear Kodiak Borough Assembly,
Per the contract between the Kodiak Island Borough and the Kodiak Island Convention and
Visitor's Bureau, doing business as Discover Kodiak, I wanted to list the deliverables that
were accomplished during the 1 st quarter of FY25:
Adjust your Altitude Hiking Challenge -The challenge was sponsored by 27 local
businesses including Alaska Airlines. 799 entries were registered for the challenge. This
year 564 people finished the Foothills Challenge, the highest number of finishers on record.
Over $5000 in prizes were awarded to participants including three flight seeing tours
provided by Island Air, Vertigo Air and Deckload Aviation.
Cruise Ships - Discover Kodiak welcomed 14 cruise ships during the 1 s, quarter of FY25.
Approximately 9666 visitors traveled to Kodiak on those ships. Discover Kodiak provided
walking maps, visitor guides and a variety of tours from our membership to those visitors.
New Kodiak Destination Video - Discover Kodiak started to film and produce our new
Kodiak Destination Marketing Video in cooperation with a local photographer/
videographer. The project is expected to be finalized by fall 2025.
Thank you for your continued support Discover Kodiak.
Sincerely,
Brock Simmons
Executive Director
Discover Kodiak
100 Marine Way, Suite 200 • Kodiak, AK 99615
(P) 907-486-4782 • (F) 907-486-6545 0 visit@kodiak.org • www.k-Page 141 of 146
AGENDA ITEM #18.B.
AUSKA Am 0 TM
January 16, 2025
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
RE: 2"d QUARTER REPORT, FY25 (10/01/24-12/31/24) FOR DISCOVER KODIAK
Dear Kodiak Borough Assembly,
Per the contract between the Kodiak Island Borough and the Kodiak Island Convention and
Visitor's Bureau, doing business as Discover Kodiak, I wanted to list the deliverables that
were accomplished during the 2nd quarter of FY25:
Visitors Guide Photography Contest - Discover Kodiak solicited local photographers to
submit photos taken in Kodiak to be selected for the upcoming 2025 Visitors Guide.
Discover Kodiak awarded $2000 in cash prizes for the contest.
Travel & Adventure Show- Discover Kodiak we attend the Travel & Adventure Tourism Show
in Denver, Colorado March 8-9, 2025. We're excited to market Discover Kodiak's
membership to the approximately 10,000 people in attendance to the show.
2025 Visitors Guide - Discover Kodiak designed and completed the 2025 Visitors Guide.
Based on the previous year's demand, 20000 copied were ordered for 2025. Approximately
8000 copies of Discover Kodiak's Visitors Guide will be distributed in Washington State this
year.
New Discover Kodiak W bsite-As of 1/16/2025, Discover Kodiak has had 265,935 hits on
our new website that when live in February of 2024. We are also now the top hit for
"Kodiak" using Google search.
Thank you for your continued support Discover Kodiak.
Sinc ly, _
Brock Simmons
Executive Director
Discover Kodiak
100 Marine Way, Suite 200 • Kodiak, AK 99615
(P) 907-486-4782 • (F) 907-486-6545 • visit@kodiak.org • www.koeage 142 of 146
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET
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Mr. Smiley
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Mr. Smiley
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Mr. Whiteside
Mr. Whiteside
Mr. Whiteside
Mr. Whiteside
Mr. Whiteside
WOULD
ANYONE LIKE TO CHANGE
THEIR VOTE? WOULD ANYONE
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TOTAL:
TOTAL:
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I
TOTAL:
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The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly.
Mayor ArndtI
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Mayor Arndt
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KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET
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Mr. Ames
Mr. Ames
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Mr. Griffin
Mr. Griffin
Mr. Griffin
Mr. Griffin
r. Griffin
Mr. Johnson
Mr. Johnson
Mr. Johnson
Mr. Johnson
Mr. Johnson
Mr. LeDoux
Mr. LeDoux
✓
Mr. LeDoux
Mr. LeDoux
Mr. LeDoux
r. Sha"att,
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Mr. Smiley
KMr. Smiley
✓
Mr. Smiley
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Mr. Smiley
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Mr. Whiteside
Mr. Whiteside
Mr. Whiteside
Mr. Whiteside
Mr. Whiteside
WOULD
ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE
THEIR VOTE?
TOTAL:
TOTAL:
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TOTAL:
(
TOTAL:
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1 TOTAL:
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The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. n
Mayor Arndt
Mayor Arndt
Mayor Arndt
Mayor Arndt
Mayor Arndt
00
02- bo
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET
Regular Special Date: 1111k ?S
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Mr. Ames
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Mr. Griffin
✓
Mr. Griffin
Mr. Griffin
Mr. Griffin
Mr. Johnson
r. Johnson
Mr. Johnson
Mr. Johnson
Mr. Johnson
Mr. LeDoux
Mr. LeDoux
Mr. LeDoux
Mr. LeDoux
Mr. LeDoux
$Ar Sharratt
Mr -Sham
Mr. Sharratt
Mr. Sharratt
Mr. Sharratt
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Whiteside
Mr. Whiteside
Mr. Whiteside
Mr. Whiteside
Mr. Whiteside
WOULD
ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE?
TOTAL:
TOTAL:
r
0
1 TOTAL:
TOTAL:
TOTAL:
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The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly.
Mayor Arndt
Mayor Arndt
Mayor Arndt
Mayor Arndt
Mayor Arndt
00
UJ
AGENDA ITEM #18.B.
KODIAK ISLAND BOROUGH
Meeting Type: ,�WhK V&' ril Date: JCAhu 6L �(p c2O25
Please PRINT your name legibly Phone number
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Page 146 of 146
AGENDA ITEM #18.B.
Kodiak Island Borough
Assembly Newsletter
Vol. FY2025, No. 13 January 17, 2025
At Its Regular Meeting Of January 16, 2025, The Kodiak Island Borough Assembly Took The Following
Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, February 6,
2025, At 6:30 p.m. In The Borough Assembly Chambers.
ADOPTED Ordinance No. FY2025-09, Amending Kodiak Island Borough Code Title 17 Zoning, Chapter
205 Amendments And Changes, Section 17.205.055 Submission To Assembly To Require Submission
Of All Rezone Requests To The Assembly For Review
ADOPTED Resolution No. FY2025-12, Authorizing The Borough To Issue A General Obligation School
Refunding Bond To Refund Certain Principal Installments Of An Outstanding General Obligation School
Bond Of The Borough And To Pay Costs Of Issuing The Bond, Fixing Certain Details Of Such Bond,
Authorizing Its Sale, And Providing For Related Matters
ADOPTED Resolution No. FY2025-13, Adopting An Alternative Allocation Method For The FY25 Shared
Fisheries Business Tax Program And Certifying That This Allocation Method Fairly Represents The
Distribution Of Significant Effects Of Fisheries Business Activity In FMA 13: Kodiak Area
ADVANCED Ordinance No. FY2025-12, An Ordinance Of The Assembly Of The Kodiak Island Borough
Accepting And Appropriating Grant Funds For The 2021-22 And 2022-23 Bristol Bay Red King Crab And
Bering Sea Snow Crab Fisheries Disaster Declaration To Public Hearing At The Next Regular Meeting
Of The Assembly
ADVANCED Ordinance No. FY2025-13 Writing Off The Personal Property Delinquent Taxes, Penalties,
Interest, And Fees Of Those Non -Collectable Accounts To Public Hearing At The Next Regular Meeting
Of The Assembly
ADVANCED Ordinance No. FY2025-14 Amending And Redirecting Funds From The Previously
Authorized American Rescue Plan Act (ARPA) State And Local Fiscal Recovery Funds (SLFRF) For The
Benefit Of The Residents Of The Borough To Public Hearing At The Next Regular Meeting Of The
Assembly
VOICED OBJECTION To The Renewal Of Restaurant And Eating Place License #3293 For The
Reasons Outlined In The Clerk's Investigation And Letter Of Protest To The Applicant, And DIRECTED
The Clerk To Notify The Alcoholic Beverage Control (ABC) Board Of The Objection
NO MOTION WAS PRESENTED TO OVERRIDE THE MAYORAL VETO On Contract No. FY2025-36,
Authorization For The Design Of Needed Pool Repairs With Water Technologies Inc. In The Amount Of
$88,900. The Contract Was Vetoed.
CONFIRMED The Mayoral Appointment To The Solid Waste Advisory Board Of Mr. Dennis Irwin To An
At -Large Seat For A Term To Expire On December 31, 2025
View our website:
www.kodiakak.us
Visit our Facebook page:
www.facebook.com/KodiakislandBorough
Page 147 of 146