The URL can be used to link to this page

2025-02-20 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, February 20, 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 February 6, 2025 4-8 Minutes 7. CITIZENS' COMMENTS 8. AWARDS AND PRESENTATIONS A. Proclamation Declaring United States Coast Guard "We Applaud 9-10 You" Day Agenda Item Report - Pdf 9. COMMITTEE REPORTS 10. PUBLIC HEARING Page 0 of 185 Please call 1(907) 486-3231 or toll free 1(855) 492-9202 A. State Of Alaska Alcohol And Marijuana Control Office Beverage 11 - 43 Dispensary Liquor License Transfer Of Controlling Interest For Bernie's Bar LLC Agenda Item Report - Pdf B. Assembly Review Of The State Of Alaska Alcohol And Marijuana 44 - 96 Control Office Liquor License Transfer Of Ownership From Sook C Yun, DBA Second Floor Restaurant (License No.3293) To Nuniaq Cafe' And Deli And Transfer Of Location From Current Location Of 116 W Rezanof Drive To 113 Lower Millbay Road Agenda Item Report - Pdf 11. BOROUGH MANAGER'S REPORT A 2025-02-20 Borough Manager's Report 97 - 121 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 14.B. RESOLUTIONS 1. Resolution No. FY2025-15, Authorizing The Manager To 122 - 127 Accept The 2025 Volunteer Fire Capacity (VFC) Grant For The Fire Protection Area No. 1 (Bayside Volunteer Fire Department) Agenda Item Report - Pdf 2. Resolution No. FY2025-16, Adopting A State Legislative 128 - 136 Capital Improvement Projects Priority List for the 2025 Legislative session Agenda Item Report - Pdf 3. Resolution No. FY2025-17, Identifying Federal Project And 137 - 143 Program Priorities For Federal Fiscal Years 2025 And 2026 Agenda Item Report - Pdf iE9�61 V I]1V_10us] am901:41011:1*]00011111IM0 1. Ordinance No. FY2025-02A, Amending Ordinance No. 144 - 147 FY2025-02, Fiscal Year 2025 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Page 1 of 185 Moving Funds Between Projects Agenda Item Report - Pdf 14.D. OTHER ITEMS 1. Authorization For The Borough Manager To Sign and 148 - 154 Submit The Request Of Hearing Form To Appeal The Decision Of The Alcoholic Beverage Control (ABC) Board Denying The Kodiak Island Borough's Protest Of The Continued Operation Of Restaurant Or Eating Place License (REPL) No. 2611 Agenda Item Report - Pdf 2. Confirmation Of Mayoral Appointments Of City And 155 - 161 Borough Representatives From The Planning And Zoning Commission To The Borough Lands Committee (Ms. Tracy Craig and Ms. Sara Fraser) Agenda Item Report - Pdf 15. CITIZENS' COMMENTS 16. ASSEMBLY MEMBERS' COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS A. Borough Lands Committee Meeting Minutes Of January 6, 2025, 162 - 176 Fire Protection Area No. 1 Service Area Board Minutes Of October 8 and December 3, 2024; Solid Waste Advisory Board Regular Meeting Minutes Of October 4, 2023 and September 24, 2024 Minutes Binder B. Meeting Materials 177 - 185 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 185 AGENDA ITEM #6.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting February 6, 2025 A regular meeting of the Kodiak Island Borough Assembly was held on February 6, 2025, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough Manager Aimee Williams, Finance Director Dora Cross, Engineering and Facilities Project Manager Codi Allen, Engineering and Facilities Projects Assistant Patricia Valerio, Borough Clerk Nova M. Javier, and Deputy Clerk Lina Cruz. INVOCATION Mr. Anthony Furio 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 Scott Arndt, Assembly Members Steve Ames, Jared Griffin, Dave Johnson, Larry LeDoux, Ryan Sharratt, Scott Smiley, and Bo Whiteside. 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 (Approved under consent agenda) A. Regular Meeting Minutes of January 16, 2025 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • Bill Oliver • Chris Berns • Daniel Rohrer • Julianne Curry • Rob Lindsey • Sandra West 8. AWARDS AND PRESENTATIONS — None. Kodiak Island Borough February 6, 2025 Assembly Regular Meeting Minutes Page 1 of 5 Regular Meeting Minutes of February 6, 2025 Page 4 of 184 AGENDA ITEM #6.A. 9. COMMITTEE REPORTS Assembly Member Whiteside reported on the Kodiak Island Borough and City of Kodiak Joint Fisheries Work Group meeting held on January 22, 2025. He highlighted the presentation by Danni Evans, representative for ADF&G, and the update from Harbormaster Dave Johnson regarding the Kodiak harbor. Additionally, he shared information from the US Coast Guard on the new cutters that will be stationed in the community. Assembly Member Johnson reported meeting held on January 28, 2025. He presentation and expressed interest it management of local facilities. on the Solid Waste Advisory Board commended staff for their outstanding the Board taking a larger role in the Mayor Arndt reported on the Borough Lands Committee meeting held on February 3, 2025. He noted that several actions had been taken by the Committee that will be brought forward to the Assembly for review. He also mentioned that the Committee is considering land in Chiniak and Killarney Hills for further evaluation. 10. PUBLIC HEARING A. 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 GRIFFIN moved to adopt Ordinance No. FY2025-12. Mayor Arndt opened the public hearing. Hearing and seeing none, Mayor Arndt closed the public hearing. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ames, Griffin, Johnson, LeDoux, Sharratt, Smiley, and Whiteside. B. Ordinance No. FY2025-13, Writing Off The Personal Property Delinquent Taxes, Penalties, Interest, And Fees Of Those Non -Collectable Accounts GRIFFIN moved to adopt Ordinance No. FY2025-13. Mayor Arndt opened the public hearing. Hearing and seeing none, Mayor Arndt closed the public hearing. ROLL CALL VOTE ON THE MOTION CARRIED SIX TO ONE: Griffin, Johnson, LeDoux, Smiley, Whiteside, and Ames. (AYES); Sharratt (NO). C. 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 GRIFFIN moved to adopt Ordinance No. FY2025-14. Kodiak Island Borough February 6, 2025 Assembly Regular Meeting Minutes Page 2 of 5 Regular Meeting Minutes of February 6, 2025 Page 5 of 184 AGENDA ITEM #6.A. Mayor Arndt opened the public hearing. Hearing and seeing none, Mayor Arndt closed the public hearing. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO TWO: Johnson, LeDoux, Smiley, Whiteside, and Griffin. (AYES); Sharratt and Ames (NOES). 11. BOROUGH MANAGER'S REPORT Borough Manager Williams provided a manager's report, and it was included in the meeting packet. 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Arndt thanked Natural Resources and Conservation Service (NRCS) staff for making a visit to Kodiak. He also thanked Andy and Bernadette Binky for showing him and the Manager how much the riverbed in Bells Flats has eroded. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2025-42, Kodiak Fisheries Research Center Elevator Maintenance Services Contract With TK Elevator Corporation Not to Exceed $34,300 GRIFFIN moved to authorize the Borough Manager to execute Contract No. FY2025-42 with TK Elevator Corporation for KFRC Elevator Maintenance Services for an amount not to exceed $34,300. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux, Sharratt, Smiley, Whiteside, Ames, Griffin, and Johnson. 14.B. RESOLUTIONS — None. 14.C. ORDINANCES FOR INTRODUCTION — None. 14.D. OTHER ITEMS 1. Confirmation Of Mayoral Appointments To The Planning And Zoning Commission City Seats Of Mr. Sean Cleary And Mr. Nicholas Mangini GRIFFIN moved to confirm the Mayoral appointments of Mr. Sean Cleary to the Planning and Zoning Commission City Seat for a term to expire December 31, 2025, and Mr. Nicholas Mangini to the Planning and Zoning Commission City seat for a term to expire December 31, 2027. Kodiak Island Borough February 6, 2025 Assembly Regular Meeting Minutes Page 3 of 5 Regular Meeting Minutes of February 6, 2025 Page 6 of 184 AGENDA ITEM #6.A. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Sharratt, Smiley, Whiteside, Ames, Griffin, Johnson, and LeDoux. 15. CITIZENS' COMMENTS The following spoke under citizen's comments: • Rob Lindsey 16. ASSEMBLY MEMBERS' COMMENTS Assembly Member Whiteside thanked everyone who attended the recent Joint Work Session with the City of Kodiak, noting he was encouraged by the number of ideas generated by citizens regarding the housing shortage in Kodiak. He acknowledged that addressing the housing crisis is a multifaceted issue and expressed his desire to see more actionable solutions. He was discouraged, however, hearing multiple statements suggesting that "this is how it has always been." He thanked the citizens who have provided ideas, suggestions, and concerns on how to approach the housing crisis, appreciating their input and welcoming more in the future. Assembly Member Griffin echoed Assembly Member Whiteside's comments and thanked the City Council for attending the Joint Work Session. He expressed disappointment about the session and the lack of clarity on the expectations the Assembly had hoped to achieve. He further pointed out that while stories from the past are valuable, they do not provide the data or solutions needed to address the housing crisis. He also spoke about the recent passing of Dr. Withrow, a quiet supporter of the High School drama team and KMXT and he offered condolences to the family. Assembly Member Johnson noted the community's recent loss of influential figures, such as Bill Feda, the previous Harbormaster in Kodiak. He agreed with other Assembly Members' comments, particularly regarding the idea that doing things the same way as always may have contributed to the current state of the housing situation, and perhaps doing things differently is key to moving forward. He also expressed discouragement from the Joint Work Session with the City of Kodiak. He shared his enthusiasm for the Borough Lands Committee's work in identifying potential housing lots, but voiced concerns about speculators attempting to buy and flip those properties for high margins. He also mentioned an agenda item request form regarding remote participation for the Assembly and requested that someone provide a second signature to move it forward. Assembly Member Ames shared that he has completed his work in Old Harbor and will be in town more often this year, which will allow him to be a more active member of the Assembly and better serve the citizens. Assembly Member LeDoux expressed appreciation for the other Assembly Members' comments and agreed with their perspectives. He emphasized that ignoring history can lead to repeating mistakes. He thanked Engineering and Facilities Projects Assistant Patricia Valerio for her work on the Landfill contract. He also requested that Service District chairs be invited to speak on the Borough Assembly's role when citizens file complaints against Service Districts. He commended Borough Manager Aimee Williams for her excellent representation of the Borough during the recent Alcohol Beverage Control (ABC) Board public hearing. Additionally, he expressed a desire to hear from local builders about the challenges they face when developing land. He thanked the Borough Lands Committee and was pleased to hear they are working on making land available Kodiak Island Borough February 6, 2025 Assembly Regular Meeting Minutes Page 4 of 5 Regular Meeting Minutes of February 6, 2025 Page 7 of 184 AGENDA ITEM #6.A. to the community. Lastly, he expressed disappointment in the Joint Work Session with the City of Kodiak, stating that he would have liked the Assembly to be more involved in the topics discussed, allowing for better collaboration. Assembly Member Smiley had no comment. Assembly Member Sharratt concurred with Assembly Member LeDoux's points, expressing that patience is not his virtue and emphasizing his desire to see more action with Woodland Drive. He mentioned a recent citizen request for the Mayor to have an email address and suggested that the Assembly figure out how to provide one. He also voiced a desire for better project management controls and a commitment to doing better, without further excuses. He noted that bait -and - switch tactics erode public trust in government and that once a contract is approved, it should be honored. He thanked Mr. Cleary and Mr. Mangini for their volunteer service and appreciated the public testimony. Lastly, he congratulated the Paintball team for taking second place at Super Games in Orlando, Florida. 17. ADJOURNMENT GRIFFIN moved to adjourn the meeting at 8:16 p.m. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Kodiak Island Borough February 6, 2025 ATTEST: Nova M. Javier, Borough Clerk Assembly Regular Meeting Minutes Page 5 of 5 Regular Meeting Minutes of February 6, 2025 Page 8 of 184 AGENDA ITEM #8.A. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Proclamation Declaring United States Coast Guard "We Applaud You" Day ORIGINATOR: Irene Arellano, Assistant Clerk RECOMMENDATION: The Mayor will proclaim February 21, 2025, as United States Coast Guard "We Applaud You" Day. DISCUSSION: This proclamation declares the United States Coast Guard We Applaud You Day in Kodiak and urge citizens to recognize our Coast Guard community for their individual and collective efforts in making Kodiak and all navigable waters of Alaska a safer and better place to live, work, and play. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Proclamation Declaring United States Coast Guard "We Applaud You" Day Page 9 of 184 AGENDA ITEM #8.A. uttice of the mayor Kodiak Island Borough, Alaska Proclamation DECLARING UNITED STATES COAST GUARD "WE APPLAUD YOU" DAY WHEREAS, the citizens of Kodiak wish to acknowledge and honor the men and women of the United States Coast Guard; and WHEREAS, members of the Coast Guard are our friends and neighbors who contribute their time and talents to the well-being of our community; and WHEREAS, we are deeply grateful to the men and women of the Coast Guard and their families for their sacrifices and devotion to duty, which preserve the safety of our fishermen and boating public; and WHEREAS, the Kodiak community will gather on February 21, 2025, to honor all members of the Coast Guard and their families. NOW, THEREFORE, I, Scott Arndt, Mayor of the Kodiak Island Borough do hereby proclaim February 21, 2025, as UNITED STATES COAST GUARD "WE APPLAUD YOU" DAY in Kodiak and urge citizens to recognize our Coast Guard community for their individual and collective efforts in making Kodiak and all the navigable waters of Alaska a safer and better place to live, work, and play. To the men and women of the United States Coast Guard - "We Applaud You!' In witness whereof, I have here unto set my hand and cause this seal to be affixed. Scott Arndt, Mayor Att Nova M. Javier, MMC, C rk Proclamation Declaring United States Coast Guard "We Applaud You" Day Page 10 of 184 AGENDA ITEM #10.A. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2025 ASSEMBLY REGULAR MEETING SUBJECT: State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary Liquor License Transfer Of Controlling Interest For Bernie's Bar LLC ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: The Assembly is to assess the transfer controlling interest application based on the information contained within the packet, feedback received from staff, response from local law enforcement, and public testimony during the public hearing. Below are examples of motion that may be used: • Move to voice non -protest to the State of Alaska Alcohol and Marijuana Control Office (AMCO) beverage dispensary liquor license transfer of controlling interest for Bernie's Bar LLC and direct the Clerk to notify AMCO of this decision. • Move to voice protest to the State of Alaska Alcohol and Marijuana Control Office (AMCO) beverage dispensary liquor license transfer of controlling interest for Bernie's Bar LLC and direct the Clerk to write a letter of protest to the ABC Board and to the applicant. Clerk's note: As required by 3 AAC 305.085(d), the local governing body shall allow the applicant a reasonable opportunity to defend the application before the local governing body. The applicant/licensee will be advised if the Assembly decides to protest the transfer, and the applicant/licensee will be given an opportunity to defend the transfer at a future meeting. DISCUSSION: This application is for a beverage dispensary liquor license transfer of controlling interest for License #4346, Bernie's Bar which is located at 320 Center Street, Kodiak. A transfer of controlling interest is where the controlling interest of the entity has changed. In this case, one of the owners has passed and the personal representative who was previously 50% Stockholder/Shareholder has been designated as the sole owner. The Clerk's office followed the procedure in KIBC 5.01.030. This license is treated the same as a transfer or a new license since the only options available in Title 5.01 are for how to treat liquor license renewals or new/transfer license and there is nothing pertaining to a transfer of controlling interest application. There were no objections received from any of the departments. Pursuant to KIBC 5.01.040, 150 public hearing notices were mailed to those landowners within 1,500 feet of the beverage dispensary location on January 27, 2025. Any responses received will be distributed to the Assembly. ALTERNATIVES: FISCAL IMPACT: Kodiak Island Borough State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 11 of 184 AGENDA ITEM #10.A. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2025 ASSEMBLY REGULAR MEETING OTHER INFORMATION: KIBC 5.01.030 New license and transfer orocedurewhich states: A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. Kodiak Island Borough State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 12 of 184 AGENDA ITEM #10.A. THE STATE °fALASKA GOVERNOR MIKE DUNLEAVY January 16, 2025 City of Kodiak and Kodiak Island Borough Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West Th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 VIA Email: Icruz@kodiakak.us; clerks@kodiakak. us; clerks@city.kodiak.ak.us License Type: Beverage Dispensary License Number: 4346 Licensee: Bernie's Bar LLC Doing Business As: Bernie's Bar Premises Address 320 Center Street, Kodiak 99615 Endorsement(s): none ❑ New Application ❑ Transfer of Ownership Application ❑ Transfer of Location Application ® Transfer of Controlling Interest Application We have received a completed application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 305.085(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your protest within 60 days and show proof of service upon the applicant. AS 04.11.491— AS O4.11.509 provide that the board will deny a license application if the board finds that the license is prohibited under as a result of an election conducted under AS O4.11.507. AS O4.11.420 provides that the board will not issue a license when a local governing body protests an application on the grounds that the applicant's proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the alcohol establishment, unless the local government has approved a variance from the local ordinance. Sincerely, Kristina Serezhenkov, Regulations Specialist/Acting Local Government Specialist For, Lizzie Kubitz, Acting Director amco.localRovernmentonly@alaska.gov State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 13 of 184 AGENDA ITEM #10.A. Document reference ID : 4985 Licensing Application Summary Transfer of Controlling Interest License ID: Application ID: Applicant Name: License Type applied for: Application Status: Application Submitted On: Entity Information 4346 4985 Bernie's Bar Llc Beverage Dispensary License(BDL) (AS O4.09.200) In Review 01/06/2025 03:57 PM Business Structure: Limited liability company FEIN/SSN Number: 882941535 Alaska Entity Number (CBPL): 10199114 Entity Contact Information Entity Address: P.O. Box 1529, Kodiak, AK, 99615, USA Initial Application Information Authority Type: I am authorized user by the designated licensee with binding authority Legal First Name: Anabel Legal Last Name: Ballao State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 14 of 184 AGENDA ITEM #10.A. Email Address: aballao@yahoo.com Phone Number: 907-654-4202 Additional Authorized Users Legal Name Kiana Isabel Ballao Ownership / Principal Party Details Principal Parent Entity Bernie's Bar Llc Premises Address Address: Does the proposed site include a valid street address? Relation with Applicant Family Member Principal Party Role %Ownership Anabel A Ballao Member 100 320 Center Street, Kodiak, AK, 99615, USA Yes Basic Business information Business/Trade Name: Bernie's Bar Local Government and Community Council Details City/Municipality Borough Property Ownership Kodiak (City of) Kodiak Island Borough State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 15 of 184 AGENDA ITEM #1O.A. Do you, the applicant, own the land, building, and/or warehouse at this proposed licensed location? Property Utilization Status Are you operating under? Add Copy of Lease\Sublease document Premises Diagram Will the license or permit embrace the entire premises address? Premises Diagram • 4346 AB-02 Premises Diagram.pdf Financial Interest No An Existing Facility Lease 4346 Lease Agreement.pdf Yes I hereby certify that no person other than a proposed licensee listed on the liquor license application has a direct or indirect financial interest, as defined in AS 04.11.450(f) in the business for which a liquor license is being applied for. I hereby certify that any ownership change shall be reported to the board as required under AS 04.11.040, AS O4.11.045, AS O4.11.050, and AS O4.11.055. Public Notice Posting Attestation and Publishers Affidavit Have you posted your application at both required locations for Yes ten consecutive days? What was the other conspicuous location of your post? (Please City Hall, #710 Mill Bay Include the full address) Road, Kodiak Alaska What was the first day you posted your application? 08/05/2024 I attest that I have met the public posting notice requirement set forth under AS 04.1 1.310 by posting a copy of my application for the 10-day period at the location of the proposed licensed premises and at another conspicuous location in the area of the proposed premises as listed in this application. State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 16 of 184 AGENDA ITEM #10.A. I hereby attest 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 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. Attestations I certify that all proposed licensees (as defined in AS O4.11.260) and affiliates have been listed on this application. I certify that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued. I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check the identification of a patron will complete an approved alcohol server education course, if required by AS O4.21.025, and, while selling or serving alcoholic beverages, will carry or have available to show a current course card or a photocopy of the card certifying completion of approved alcohol server education course, if required by 3 AAC 305.700. I agree to provide all information required by the Alcoholic Beverage Control Board in support 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 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. I certify that all proposed licensees have been listed with Division of Corporation, Business, and Professional Licensing. I certify that I and any individual identified in the business entity ownership section of this application, has or will read AS 04 and its implementing regulations. Signature Electronic Signature not collected; application submitted based on paper form. State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 17 of 184 AGENDA ITEM #10.A. Payment Info Payment Type : Check Check Number: 100837416 Payment Date: 9/5/2024 12:00:00 AM Documents # File Name 1 4346 Lease Agreement.pdf 2 4346 AB-02 Premises Diagram.pdf 3 4346 AB-09. pdf 4 Bernies Bar personal representative will_Redacted.pdf 5 4346 Publishers Affidavit.pdf Type License Lease\Sublease document License Location Diagram Document Signed Creditors Affidavit Misc. documents to support the transfer application Publishers Affidavit 6 4346 AB-01.pdf License Paper Form Application Document 7 Transferee and Transferor Certifications Transferee and Transferor Form-4985.pdf Certifications Form Added On 01 /06/2025 03:49 PM 01 /06/2025 03:49 PM 01 /06/2025 03:51 PM 01 /06/2025 03:51 PM 01 /06/2025 03:56 PM 01 /06/2025 03:56 PM 01 /06/2025 03:56 PM State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 18 of 184 AGENDA ITEM #10.A. Alcoholic Beverage Control Office AMCO Public Notice Application for Transfer of Controlling Interest Application ID: 4985 License Type: Beverage Dispensary License(BDL) AS 04.09.200 License Number: 4346 Seasonal: Year around From Transferor: Doing Business As: Premises Address: City/Municipality: Borough: Licensee Licensee Name: Type: Licensee Mailing Address: Bernie's Bar LLC 320 Center Street, Kodiak, AK, 99615, USA Kodiak (City of) Kodiak Island Borough Bernie's Bar Llc Limited liability company P.O. Box 1529, Kodiak, AK, 99615, USA Entity Officer, Stockholder/Shareholder Entity Member #1 Type: Person Name: Bernie V Ballao Title: Member Percentage of Ownership: 50% Entity Member #2 Type: Person Name: Anabel A Ballao Title: Member Percentage of Ownership: 50% State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 19 of 184 AGENDA ITEM #10.A. To Transferee: Doing Business As: Licensee Licensee Name: Type: Licensee Mailing Address: Bernie's Bar Bernie's Bar Llc Limited liability company P.O. Box 1529, Kodiak, AK, 99615, USA Entity Officer, Stockholder/Shareholder Entity Member #1 Type: Name: Title: Percentage of Ownership Person Anabel A Ballao Member 100% Interested persons may object to the application by submitting a written statement of reasons for the objection to their local government, the applicant, and the Alcohol & Marijuana Control Office (AMCO). Written comments should be sent to AMCO at alcohol.Iicensing@alaska.gov or to 550 W 7th Ave. Suite 1600, Anchorage, AK 99501. Posting Date: State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 20 of 184 AGENDA ITEM #10.A. « Ngk7Jty Alcoholand Marijuana 550 W 711 Avenue, Officentrol Suite Anchorage, AK 99501 AMCOalcohol.licensing@alaska.eov https://www.co m m erce.a laska.gov/web/a mco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application This transfer license application form is required for all individuals or entities seeking to apply for the transfer of ownership and/or location of an existing liquor license. Applicants should review Title 04 of Alaska Statutes and Chapter 305 of the Alaska Administrative Code. All fields of this form must be completed, per AS O4.11.260, AS O4.11.280, AS O4.11.290, 3 AAC 305.045 and 3 AAC 305.060. This form must be completed and submitted to AIVICO's Anchorage office, along with all other required forms and documents before any license application will be considered complete. Section 1 - Transferor Information Enter information for the current licensee and licensed establishment. Licensee: Bernie's Bar LLC License #: 4346 License Type: Beverage Dispensary Statutory Reference: AS O4.09.200 Doing Business As: Bernie's Bar LLC Premises Address: #320 Center Street City: Kodiak State: TAlaska ZIP: 99615 Local Governing Body/Bodies: City of Kodiak Transfer Type: Regular transfer Transfer with security interest ❑ Involuntary retransfer aControlling interest transfer Location transfer _ OFFICE USE ONLY Complete Date: Transaction ik 100837416 Board Meeting Date: License Years: Issue Date: Examiner: [Form AB-011 (rev 7/16/2024) Page 1 of 7 State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 21 of 184 AGENDA ITEM #10.A. O�OV t 8L!/pi� AMCO Alcohol and Marijuana Control Office 550 W 7'h Avenue, Suite 1600 Anchorage, AK 99501 alcohollicensing alaska.gov https://www.commerce.alaska.gov/web/anico Phone: 907.269.0350 -ot r��`� Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 2 - Transferee Information e..c,.....-.*;, f—+1,o ..e... nmlirnnt and/nr Inrntinn cPpkina to he licensed. Licensee: Bernie's Bar LLC Doing Business As: Bemie's Bar LtC Premises Address: #320 Center Street City: Kodiak State: Alaska ZIP: 99615 Community Council, (If applicable): N/A Charles Davidson, Terry J Haines, Bob Stanford, Richard Walker, John Whiddon, Anita Woos N/A Mailing Address: PO Box 1529 City: Kodiak State: Alaska ZIP: 99615 Email: bernies_lounge@yahoo.com Phone: 907-654-4202 Designated Licensee: I Anabel A Ballao 1 Contact Phone: 907-654-4202 I Business Phone: I 907-654-4202 Contact Email: aballao@yahoo.com, bernies_lounge@yahoo.com Yes No Seasonal License? ❑X If "Yes", write your six-month operating period: Section 3 - Premises Information Premises to be licensed is: an existing facility -new building a proposed building The next two questions must be completed by beverage dispensau (including tourism) and package store applicants only: What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to he outer boundaries of the nearest school grounds? Include the unit of measurement in your answer (Must be in feet). Kodiak High School (3/4 mile) 3168 feet What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the public entrance of the nearest church building? Include the unit of measurement in your answer (Must be in feet.) Russian Orthodox (1/4 mile) 1320 feet [Form AB-011 (rev 7/16/2024) Page 2 of 7 N/ State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 22 of 184 AGENDA ITEM #10.A. Alcohol and Marijuana Control Office ��*�� R�✓s 550 W 711 Avenue, Suite 1600 Anchorage, AK 99501 ,,�� MM//--��MCO alcohollicensingL�alaska.Kov L�.https://www.commerce.alaska.goy/webJamco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 4 - Sole Proprietor Ownership Information This section must be completed by any sole proprietor who is applying for a license. Entities should skip to Section S. If more space is needed, please attach a separate sheet with the required information. The following information must be completed for each licensee and each affiliate (spouse). This individualisan: ❑ applicant ❑ affiliate Name: Address: City: State: ZIP: Email: Phone: This individual is an: ❑ applicant ❑ affiliate Name: Address: City: State: ZIP: Email: Phone: Section 5 — Entity Ownership Information This section must be completed by any entity including a corporation, limited liability company (i -C), partnership, or limited partnership, that is applying for a license. Sole proprietors should skip to Section 6. If more space is needed, please attach a separate sheet with the required information. • If the applicant is a corporation, the application shall be executed by an authorized officer of the Corporation. Information must be completed below for each stockholder who owns 10% or more of the stock in the corporation, and for each president, vice-president secretary, and managing officer. • If the applicant is a limited liability organization, whether manager managed or member managed, the following information must be completed for each member with on ownership interest of 10% or more and for each manager regardless of ownership share. • If the applicant is a partnership, including a limited partnership, the following information must be completed for each partner with an interest of 10% or more, and for each general partner. • For any entity, identify all affiliates for your organization as defined at 3 AAC 305.950. Entity Official: Anabel A Ballao Title(s): Owner/Member Phone: 907-654-4202 %Owned: 100% Address: #320 Center Street City: Kodiak State: Alaska ZIP: 99615 Email: a a ao ya oo.com bernies_lounge@yahoo.com Phone: 907-654-4202 [Form A13-01] (rev 7/16/2024) Page 3 of 7 State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 23 of 184 AGENDA ITEM #10.A. c0v04R,'�6 v AMCO Alcohol and Marijuana Control Office 550 W 71h Avenue, Suite 1600 Anchorage, AK 99501 a Icohol.liccnsing(tialaska.aov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Entity Official: Title(s): Phone: %Owned: Address: City: State: ZIP: Email: Phone: Entity Official: Title(s): Phone: %Owned: Address: City: State: ZIP: Email: Phone: Entity Official: Title(s): Phone: % Owned: Address: City: State: ZIP: Email: Phone: This subsection must be completed by any applicant that is a corporation or U.C. Corporations and U.Cs are required to be in good standing with the Alaska Division of Corporations (DOC). The registered agent is either an individual resident of the state or domestic corporation authorized to transact business in the state and whose business office is the same as the registered office. CBPL Entity #: 10199114 AK Formed Date: 06/22/2022 Home State: Alaska Registered Agent: Anabel A Ballao Agent's Phone: 907-654-4202 Agent's Mailing Address: PO Box 1529 City: Kodiak State: AK ZIP: 99615 Email: a a ao ya oo_com bernies lounge@yahoo.com Phone: 907-654-4202 Residency of Agent: Does your registered agent satisfy the requirement of AS O4.11.430? Yes No F El [Form AB-011 (rev 7/16/2024) Page 4 of 7 State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 24 of 184 AGENDA ITEM #10.A. Alcohol and Marijuana Control Office 550 W Th Avenue, Suite 1600 Anchorage, AK 99501 aIcohoI.Iice nsingC. aIaska.gov https://www.commerce.alaska.gov/web/`amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 6 - Other Licenses Ownership and financial interest in other alcoholic beverage businesses: Yes No Does any representative or owner named as a transferee in this application have any direct or indirect financial interest in any other alcoholic beverage business that does business in or is licensed in Alaska? If "Yes", disclose which individual(s) has the financial interest, what the type of business is, and if licensed in Alaska, which license numbers) and license type(s): Section 7 - Authorization Communication with AMCO staff: Yes No Does any person other than a licensee named in this application have authority to discuss this license with a ❑ AMCO staff? If "Yes", disclose the name of the individual and the reason for this authorization: Kiana Isabel Ballao. She is my adult child that I am giving my authority to communicate with AMCO staff if I cannot or is not available to discuss due to a certain factor like illness or other valid reason. [Form AB-011 (rev 7/16/2024) Page 5 of 7 State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 25 of 184 AGENDA ITEM #10.A. Alcohol and Marijuana Control Office t,�� • f11a,p��,, 550 W 711 Avenue, Suite 1600 c�t Anchorage, AK 99501 alcohol.licensing@alaska.gov AMCOhttps://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 8 - Transferor Certifications Additional copies of this page may be attached, as needed, for the controlling interest of the current licensee to be represented. I declare under penalty of perjury that the undersigned represents a controlling interest of the current licensee. I additionally certify that I, as the current licensee (either the sole proprietor or the controlling interest of the currently licensed entity) have examined this application, approve of the transfer of this license, and find the information on this application to be true, correct, and complete. Signat eoftransferor Anabel A Ballao Printed name of transferor Subscribed and sworn to before me this day of 20'q MKA CSignat of Notary Public Notary Public in and for the State of ) 4.' h: My commission expires: dlk rrh �3 �OoZr7 Signatu of transferor Anabel A Ballao Printed name of transferor Subscribed and sworn to before me this day of 4 20-2-4 STATE OF ALASKA NOTARY PUBLIC . Angela Craig Signatu f Notary Public Notary Public in and for the State of �/C3�, 4 My commission expires: ' a"6 a 3 QL State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 26 of 184 AGENDA ITEM #10.A. ♦pit y.tki Alcohol and Marijuana Control Office 550 W 711 Avenue, Suite 1600 Anchorage, AK 99501 AMCO aicohol.licensirJg@alaska.Fov htti)s://www.commerce.a laska.,g ov/web/a mco Phone: 907.269.0350 "b%J710 . ovil Alaska Alcoholic Beverage Control Board Fo m AB-01: Transfer License Application Section 9 - Transferee Certifications Read each line below, and then sign your initials in the box to the right of each statement: Initials I certify that all proposed licensees (as defined in AS O4.11.260) and affiliates have been listed on this application. I certify that all proposed licensees have been listed with the Division of Corporations. I certify that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued. I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check the identification of a patron will complete an approved alcohol server education course, if required by AS O4.21.025, and, while selling or serving alcoholic beverages, will carry or have available to show a current course card or a photocopy of the card certifying completion of approved alcohol server education course, if required by 3 AAC 305.700. 1 agree to provide all information required by the Alcoholic Beverage Control Board in support 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 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 11.56.210 to falsify an application and commit the crime of unsworn falsification. I certify that I and any individual identified in the business entity ownership section of this application, has, or will read AS 04 and its implementing regulations. ire of transferee Anabel A Ballao Printed name [Form AB-01] (rev 7/16/2024) STAI-E OF ALASKA NOTARY PUBLIC Angela Craig of Notary Public n and for the State of l L C iG4 My commission expires: a,'617 2J' Subscribed and sworn to before me this -6 day of 7' 20. Page 7 of 7 State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 27 of 184 AGENDA ITEM #10.A. Alcohol and Marijuana Control Office 550 W 71h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov httDS://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-02: Premises Diagram Why is this form needed? A detailed diagram of the proposed licensed premises is required for all alcohol license applications, per AS O4.11.260, 3 AAC 305.630 and 3 AAC 305.660. Your diagram must include dimensions and must show all entrances and boundaries of the premises, walls, bars, fixtures, and areas of storage, service, consumption, and manufacturing. This form must be completed and submitted to AMCO's Anchorage office before any license application will be considered complete. You may attach blueprints or other detailed drawings that meet the requirements of this form. The diagram MUST include: • You must use a solid, contiguous red line to outline the outer perimeter of your premises with no breaks or separations. o The red outline is required to follow a physical barrier (wall, fence and even across doorways). o There should be no red lines within the perimeter • Each area should be clearly labeled in any color other than red where alcohol is: o Stored o Served/Sold o Manufactured o Consumed • All diagrams must include: o Dimensions (AMCO does not accept diagrams drawn to scale) o Cross streets o Points of reference, such as a compass rose indicating True North o All entrances, exits, walls, bars, and fixtures • If your premises include multiple floors, please include a separate diagram of each floor. o You must identify the stairs between each floor, and each hallway/corridor that leads to each set of stairs. • If your premises includes multiple floors, please include a separate diagram of each floor. You must identify the stairs between each floor, and each hallway/corridor that leads to each set of stairs. • If your proposed premises is located within a building or building complex that contains multiple businesses and/or tenants, please provide an additional page that clearly shows the location of your proposed premises within the building or building complex, along with the addresses and/or suite numbers of the other businesses and/or tenants within the building or building complex. • Any license applications that include outdoor space are required to submit a security plan that includes information about the barriers, practices, and personnel that are to be used to ensure that alcohol is not introduced or removed from the permitted premises and to prevent the access of alcohol by a minor during the permitted event. A security plan may be requested for other proposed locations on a case -by -case basis. Section 7 - Establishment Information Enter information for the business seeking to be licensed, as identified on the license application. Licensee: Bernie's Bar LLC License Number: 4346 License Type: Beverage Dispensary Doing Business As: Bernie's Bar Ltd Premises Address: #320 Center Street City: Kodiak State: AK ZIP: 99615 rev 12/12/2023 Page 1 of 2 State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 28 of 184 AGENDA ITEM #10.A. Alcohol and Marijuana Control Office it 550 W 71h Avenue, Suite 1600 r Anchorage, AK 99501 X0 alcohol.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Phone:907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-02: Premises Diagram Section 2 - Detailed Premises Diagram Clearly indicate the boundaries of the premises and the proposed licensed area within that property. See above for detailed instructions. rev 12/12/2023 P /s sce a-Hacl ea Page 2 of 2 State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 29 of 184 AGENDA ITEM #1O.A. :�-' l LaD . - o 0 0 •• o Ll E 0 ? � G 00V _ L � `J d C � State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 30 of 184 v co CD W O Cb A Aerial View Olson's Bookkeeping Thai Market Subway Services 326 Center St 326 Center St 316 Center St Suite #90-0 Bamie's Bar 320 center St Western Alaska Land Title Co 314 Center St American Legion Brechan's Rental 318Center St Building 320 Center St Kodiak Lew Group Arctic Chiropractic 340 Mission Rd 326 Center St Twisted Whisker US Coast Guard 338 Mission Rd 338 Mission Rd v m w N O Oo A Second Floor Rental Rental Rental Space Space Space 3 2 1 Hallway Stairs Stairs Rental Rental Rental Rental Space Space Space Space q 5 6 7 r OF BERNIE V. BALLAD IOW ALL MEN BY THESE PRESENTS: That 11, BERNIE V . BALLAD, born �0 residing at Kodiak, Alaska, being o f sound mind and not'acting under restraint,, menace, fraud, or undue influence., publish md declare this instrument as my Last Will and Testament,, and revoke all prior wills and codicils. W W 0 00 AGENDA ITEM #10.A. to Aq ARTICLE V. Appointment o f Fiduciaries ointment of Personal Representative. I hereby nominate and appoint my spouse, 4A-B--EL ALCASID BALLAD, as Personal Representative of this Will. If Anabel does not XVIV e me,, or fails to qualify or refuses or ceases to act, I nominate cmd appoint my daughter, KIANA BcompensaABEL A. BALLAD. My Personal Representative may receive such tion for services is ies providd by law. 2. Bond and/or Surety. My Personal Representative shall not be required to furnish bond or sureties. 3. Powers of Personal Representative. My Personal Representative shall have power to 0� probate, manage, and settle my estate without the intervention or approval of any court or courts.,, except to the extent required by law. I further direct that my Personal Representative shall have the power to sell,, transfer, and dispose of my property, real or personal,, without order of court-.) without notice,, and without reporting to the cowt such acts, and that confirmation of such deeds A: :-\Xs� and acts by the probate court shall be unnecessary,,, Except as otherwise provided herein, and 1b unless a contrary intent is manifest,my Personal Representative shall have all the powers, rights, and duties as otherwise provided by law. My Personal Representative shall be entitled to take advantage of any election as to the computation or determination of any tomes, including an election to file joint returns, and shall have sole and absolute discretion in exercising or refusing to exercise any such election. It is rny State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 34 of 184 I, BERNIE V. BA LAO,, the Testator, sign my name to this instrument, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes expressed 1*n the will, and that I am eighteen years of age or older,, of sound mind, and under no constraint or undue influence. Signed thi'*s day of July., 20220 BERNIF/V. 0 ALLAO THE FOREGOING INS RUMENT was signed and declared by BERNIE V. BALLAO as his Last Will Md Testament, in the presence of the undersigned Attesting Witnesses, who,, in his presence and m the presence of each other, sign our names as such Attesting Witnesses,, We, �Iiii,1111111 � .�-114 t n� � l�2 ir�aa�f�7 �3 � 7" and V . Al, of a02,``� � � 1 .�OkC% A j� -low the Witnesses,, sign our names to this instrument,be* g first duly sworn, and do hereby declare to the undersigned authority that the Testator signs and executes this instrument as the Testator's will IV 4P and that the Testator signs it willingly (or willingly directs another to sign for the Testator), and that each of- us,, in the presence and hearing of the Testator, hereby signs this will as witness to the Testator's signing, and that to the best of our knowledge the Testator is eighteen years of age or older,, of sound mind, and under no constraint or undue influence. Witness S1'6gna STATE OF ALASKA ss* THIRD JUDICIAL DISTRICT ) StJBSCRIBE SWORN TO and Witness Signature ACKNOWLEDGED before me bv BERME V. AGENDA ITEM #10.A. From: Kiera, Hilary To: Lina Cruz Subject: RE: Trouble Reports — Bernie"s Bar Date: Wednesday, January 22, 2025 3:44:05 PM Attachments: imaae001.aif Good afternoon, 03/08/24 Subject Removal, 24-02649 03/16/24 Subject Removal, 24-02904 03/17/24 Subject Removal, 24-02940 04/28/24 Theft of Services, 24-04182 05/11/24 Assault in Progress, 24-04564 05/11/24 Trespassing, 24-04577 05/27/24 Trespassing, 24-04901 05/28/24 Citizen Contact 24-04930 07/27/24 Subject Removal, 24-05876 08/25/24 Suspicious Circumstances, 24-06329 09/01/24 Subject Removal, 24-06422 Thank you, Cpl. Hilary Kjera Public Safety Dispatcher Kodiak Police Department (907) 486-8000 xi Phone (907) 486-89o9 FL2� From: Lina Cruz <Icruz@kodiakak.us> Sent: Tuesday, January 21, 2025 2:27 PM To: Kjera, Hilary<hkjera@city.kodiak.ak.us> Cc: Smith, Tara J (DPS) <tara.smith@alaska.gov> Subject: Trouble Reports — Bernie's Bar [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. Hello, The Alcohol & Marijuana Control Office has notified the Clerk's Office of a Transfer of Controlling Interest application for Bernie's Bar LLC, located at 320 Center Street. Per the Borough code section below, please indicate if there were any trouble reports for either place of business in the past 12 State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 36 of 184 AGENDA ITEM #10.A. Kodiak Island Borough OFFICE of the CLERK 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: clerks@kodiakak.us NOTICE OF PUBLIC HEARING Application For Beverage Dispensary Liquor License Transfer Of Controlling Interest A public hearing will be held on Thursday February 20, 2025, at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear public comments on the State of Alaska Alcohol and Marijuana Control Office (AMCO) beverage dispensary liquor license transfer of controlling interest for Bernie's Bar LLC, License No. 4346 DBA Bernie's Bar. From: License Type: Beverage Dispensary Bernie's Bar LLC DBA: Bernie's Bar Current Ownership: Bernie V. Ballao 50% Anabel A. Ballao 50% 320 Center Street, Kodiak, Alaska 99615 TO: Bernie's Bar LLC DBA: Bernie's Bar Current Ownership: Anabel A Ballao 100% 320 Center Street, Kodiak, Alaska 99615 If you do not wish to testify verbally, you may provide comments favoring or opposing via email at clerks(a)kodiakak.us or you may mail or hand deliver this form to the Borough receptionist at 710 Mill Bay Rd, Kodiak, AK 99615. Written comments must be received by the Clerk's Office no later than noon on the day of the public hearing. Name: Comments: Mailing Address: Kodiak Island Borouqh Code 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 37 of 184 AGENDA ITEM #10.A. Applicant: Bernie's Bar Application: Liquor License Transfer Address: 320 Center Street Notification: Required within 1500ft Radius 6 \ i777 W Esrj! HERE, Garnr in, USGS, EPA, Kodiak Island Borough GIS Subject Parcel This map is provided for informational www.kodiakak.us Notification Parcel purposes only and is not intended for (907)-486-9332 0 Other Parcels any legal representation. 0 0.17 0.35 Miles State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 38 of 184 m W 0 00 # NAME MAILING ADDRESS CITY STATEZIP 1 KODIAK CHAMBER OF COMMERCE 100 E MARINE WAY KODIAK AK 99615 2 US FISH & WILDLIFE SVC DIVISION OF REALTY 1011 E TUDOR RD ANCHORAGE AK 99503-6199 3 JOHN FLETCHER 102 CENTER AVE KODIAK AK 99615 4 CHRISTINA LYNCH 103 CENTER AVE STE B KODIAK AK 99615 5 PAUL YATSIK 110 YUKON ST KODIAK AK 99615 6 TANGIBLE INVESTMENTS, LLC 11188 KALSIN DR KODIAK AK 99615 7 MARK ANDERSON 1124 STELLER WAY KODIAK AK 99615 8 PM KODIAK PROPERTIES LLC 11330 S RUSSIAN CR RD KODIAK AK 99615 9 AUGUST ACKERMAN MEYER 118 W HILLCREST ST KODIAK AK 99615 10 GLENN DICK 11879 MIDDLE BAY DR KODIAK AK 99615 11 LUCAS BAXTER 120 W REZANOF DRIVE KODIAK AK 99615 12 GRETCHEN L SAUPE 1205 SANDSTONE WAY BELLINGHAM WA 98229 13 BLANKA LEDERER 1219 MISSION ROAD KODIAK AK 99615 14 MSR RENTALS LLC 1335 MYLARK LN KODIAK AK 99615 15 ANNA MARIA KALOUMENOU 1515 BARANOF ST KODIAK AK 99615 16 DAYNA R TOOHEY 16411 NOBLE POINT DR ANCHORAGE AK 99516 17 PSK REAL ESTATE LLC 16797 SE 130TH AVE CLACKAMAS OR 98107 18 TONYA BROCKMAN ETAL 171 OTTER AVE KODIAK AK 99615 19 DUANE FREEMAN 1720 SIMEONOFF ST KODIAK AK 99615 20 CREDIT UNION 1 C/O ACCOUNTS PAYABLE 1941 ABBOTT RD ANCHORAGE AK 99507 21 JRS LLC 201 CENTER AVE KODIAK AK 99615 22 KODIAK REAL EST.& INVEST. INC. 202 CENTER AVE #101 KODIAK AK 99615 23 CATHERINE M COMMINS 206 ALDER LN KODIAK AK 99615 24 SILVER BAY SEAFOODS KODIAK LLC ATTN KATIE PETERSON GENERAL COUNSE 208 LAKE ST SUITE 2E SITKA AK 99835 25 KODIAK EXPRESS LLC 210 B SHELIKOF ST KODIAK AK 99615 26 GERALD MARKHAM 211 MILL BAY RD KODIAK AK 99615 27 BLACK OVIS HOLDINGS LLC 214 W REZANOF DR KODIAK AK 99615 28 ALUTIIQ HERITAGE FOUNDATION 215 MISSION RD KODIAK AK 99615 29 JOYCE GREGORY 215 W HILLCREST ST KODIAK AK 99615 30 LOWELA C SANTIAGO 216 E REZANOF DR KODIAK AK 99615 31 COMMUNITY BAPTIST CHURCH 216 MILL BAY RD KODIAK AK 99615 32 MYLES SOROKOVSKY 220 MILL BAY RD KODIAK AK 99615 33 JOHN HANSEN 221 ALDER LANE KODIAK AK 99615 34 U S BUREAU OF LAND MGT 222 WEST 7TH AVE #13 ANCHORAGE AK 99513 35 MATTHEW KEYSE 223 MILL BAY RD KODIAK AK 99615 36 CHRISTIE CHERNOFF 225 ALDER LANE KODIAK AK 99615 37 WAYNE A BAKER 225 MILL BAY ROAD KODIAK AK 99615 38 ISLAND HOLDINGS LLC C/O KODIAK INN 236 W REZANOF DRIVE KODIAK AK 99615 39 ELKE M BARNES SAUNDERS 2906 N 20TH ST TACOMA WA 98406 40 HARRY L B ARDINGER 2990 SPRUCE CAPE RD KODIAK AK 99615 v m 0 O 00 41 SENIOR CITIZENS OF KODIAK 302 ERSKINE AVE KODIAK AK 99615 42 MARGARET HOLM 303 COPE ST KODIAK AK 99615 43 JANET BANE 304 WILSON ST KODIAK AK 99615 44 BORGNY R HOLM 305 COPE STREET KODIAK AK 99615 45 BRENT WATKINS ETAL 307 CHILDS DR KODIAK AK 99615 46 ADAM G HOGEN, DOUGLAS L HOGEN & DEBORAH GOODELL 3099 SPRUCE CAPE RD KODIAK AK 99615 47 MICHAEL CROSBY & DOBROTH KIRSTEN 311 ERSKINE AVE KODIAK AK 99615 48 MARY JANE TOWNSEND 311 MILL BAY RD KODIAK AK 99615 49 CHRISTIAN SCIENCE SOCIETY 312 CAROLYN ST KODIAK AK 99615 50 SHOONAQ TRIBE OF KODIAK 312 W MARINE WAY KODIAK AK 99615 51 KIHA 3137 MILL BAY RD KODIAK AK 99615 52 NANCY R FROST 315 MILL BAY RD KODIAK AK 99615 53 AMERICAN LEGION INC 318 CENTER AVE KODIAK AK 99615 54 RUSTY STEWART ETAL 3266 SHARATIN RD APT A KODIAK AK 99615 55 BRYAN FERRIS 3408 HARLEQUIN CT KODIAK AK 99615 56 KODIAK AREA NATIVE ASSOC 3449 REZANOF DR E KODIAK AK 99615 57 TERI MCCLAREN 37895 STERLING HIGHWAY ANCHOR POINT AK 99556 58 NEAR ISLAND BUILDING LLC DBA KONIAG INC 3800 CENTERPOINT DRIVE STE 50,ANCHORAGE AK 99503 59 AFOGNAK NEAR ISLAND LLC 3909 ARCTIC BLVD STE 400 ANCHORAGE AK 99503 60 TERESA C BISHOP ETAL 402 MARINE WAY STE 300 KODIAK AK 99615 61 EFREN D DIESTA ETAL 410 CAROLYN ST KODIAK AK 99615 62 KERRI GUNTER 410 MILL BAY RD KODIAK AK 99615 63 RELLA MAE CORP 4128 148TH AVE NE REDMOND WA 98052 64 ST. HERMAN'S SEMINARY 414 MISSION RD KODIAK AK 99615 65 DEWAYNE WILLIAMS 415 CAROLYN ST KODIAK AK 99615 66 WILLIAM HALL 415 UPPER MILL BAY ROAD KODIAK AK 99615 67 NESTOR ROY 417 MILL BAY RD #A KODIAK AK 99615 68 DERRON L BALL 417 VINYARD AVE BLACKBURG VA 24060 69 UNITED STATES POSTAL SERVICE 419 LOWER MILL BAY RD KODIAK AK 99615 70 RICHARD P RUBINA 421 CAROLYN ST KODIAK AK 99615 71 GEORGE A HARTMAN 421 E TAGURA RD KODIAK AK 99615 72 GEORGE HARTMAN ETAL 421 SARGENT DR KODIAK AK 99615 73 DEAN BROWN ETAL 4254 CLIFFSIDE DR KODIAK AK 99615 74 AJA KODIAK PROPERTIES, LLC 507 2ND AVE FAIRBANKS AK 99701 75 HENRY'S GREAT ALASKAN REST 512 W MARINE WAY KODIAK AK 99615 76 STATE OF ALASKA 550 W 7TH AVE STE 640 ANCHORAGE AK 99501 77 ROBERT WILLIAMS 665 SAN RODOLFO DR STE 124 SOLANA BEACH CA 92075 78 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615 79 MICHAEL BACH ETAL 727 W STEWART DR KANAB UT 84741 80 CAROL MATTHEWS ETAL 7441 TYONE COURT ANCHORAGE AK 99504 81 ROBERTA WARD 756 SONNE DRIVE ANNAPOLIS MD 21401 v m 0 00 82 RAVICZ TANYO & MARTINA TRUSTEES 77890 MOUNTAIN VIEW AVE PALM DESERT CA 92211 83 KODIAK JACKS LLC 811 WILLOW CIR KODIAK AK 99615 84 GABRIELLE LEDOUX 8859 CROSS POINTE LOOP ANCHORAGE AK 99504 85 MCDONALDS REAL ESTATE CO AMF O'HARE AMF O'HARE CHICAGO IL 60666 86 FIRST NAT'L BANK ALASKA ACCOUNTING/REPORTING UNIT PO BOX 100720 ANCHORAGE AK 99510 87 LAURENCE ANDERSON PO BOX 1013 KODIAK AK 99615 88 ENERGY PLUS HOMES, INC PO BOX 1066 KODIAK AK 99615 89 LANA JANE MONTEIRO PO BOX 1072 KODIAK AK 99615 90 FRANCIS COSTELLO PO BOX 108 KODIAK AK 99615 91 STATE OF ALASKA PO BOX 11250 JUNEAU AK 99811-2500 92 BARBARA ZIMMERMAN ETAL PO BOX 1157 KODIAK AK 99615 93 VICKI VANEK PO BOX 1163 KODIAK AK 99615 94 MOLLY L MCFARLAND & LEATHERMAN NICHOLAS PO BOX 1204 KODIAK AK 99615 95 SUNSET DEVELOPMENT CO C/O BRECHAN ENTERPRISES PO BOX 1275 KODIAK AK 99615 96 THE STRAUT BUILDING, LLC PO BOX 1365 KODIAK AK 99615 97 CROWN POINT, LLC PO BOX 1394 KODIAK AK 99615 98 CITY OF KODIAK PO BOX 1397 KODIAK AK 99615 99 LELAND ROBBINS ETAL PO BOX 1426 KODIAK AK 99615 100 KATE A SHOEMAKER PO BOX 1523 KODIAK AK 99615 101 DAVID OLSEN PO BOX 163 KODIAK AK 99615 102 MELISSA SCHMEIL PO BOX 164 KODIAK AK 99615 103 JAMES N TURNER PO BOX 1673 KODIAK AK 99615 104 JOEL WIERSUM PO BOX 1676 KODIAK AK 99615 105 GARY GILBERT C/O KAREN HEDGES PO BOX 182571 COLUMBUS OH 43218 106 ELIZABETH R CORNELIUS PO BOX 1863 KODIAK AK 99615 107 KODIAK MARITIME MUSEUM & ART CENTER PO BOX 1876 KODIAK AK 99615 108 DUSTIN KRUG PO BOX 1971 KODIAK AK 99615 109 GARY STEVENS PO BOX 201 KODIAK AK 99615 110 DAVID ROEMHILDT PO BOX 2034 CORDOVA AK 99574 111 C DAVIDSON FAMILY TRUST PO BOX 2097 KODIAK AK 99615 112 DIOCESE OF SITKA AND ALASKA ORTHODOX CHURCH IN AMERICA INC PO BOX 210569 ANCHORAGE AK 99521 113 GEORGE R RIETH PO BOX 2146 KODIAK AK 99615 114 MICHAEL HAYMAKER PO BOX 2150 KODIAK AK 99615 115 GRAM NELSON HOOD & KJERA HILARY MARIE PO BOX 2161 KODIAK AK 99615 116 KEY BANK OF ALASKA ATTN: TAX SERVICES PO BOX 22055 ALBANY NY 12201-2055 117 J BLUE LLC PO BOX 2277 KODIAK AK 99615 118 ARLENE CHERNOFF SKINNER ETAL PO BOX 2280 KODIAK AK 99615 119 ALASKA STATE BLDG AUTH PO BOX 230329 ANCHORAGE AK 99523 120 MK ENTERPRISES, LLC PO BOX 2338 KODIAK AK 99615 121 KODIAK OIL SALES INC PO BOX 240108 ANCHORAGE AK 99524 122 JACK EDWARD WELLES & JOAN THOMAS MANN PO BOX 245 KODIAK AK 99615 123 WELLS FARGO-DOWNTOWN BRANCH PO BOX 2609 CARLSBAD CA 92108 124 PEDRO BILIRAN PO BOX 2612 KODIAK AK 99615 125 GREGORY C SPALINGER PO BOX 2635 KODIAK AK 99615 126 ROBERT C WHITESIDE PO BOX 2694 KODIAK AK 99615 127 BOLIGHAJ TRUST PO BOX 2893 KODIAK AK 99615 128 MIKE FITZGERALD PO BOX 3088 KODIAK AK 99615 129 J & D LAND MANAGEMENT, LLC PO BOX 313 KODIAK AK 99615 130 APEX LLC PO BOX 3198 KODIAK AK 99615 131 WADE BALL PO BOX 3361 KODIAK AK 99615 132 BRANDON D JONES PO BOX 375 KODIAK AK 99615 133 HARBOR ENTERPRISES INC PO BOX 389 SEWARD AK 99664 134 WES S WILEY ETAL PO BOX 446 KODIAK AK 99615 135 SPENARD BUILDERS SUPPLY C/O RYAN LLC PO BOX 460069 HOUSTON TX 77056 136 LESLIE T & MARY A JAMES PO BOX 536 KODIAK AK 99615 137 RAE JEAN BLASCHKA PO BOX 649 KODIAK AK 99615 138 TODD HINER PO BOX 671 KODIAK AK 99615 139 LOUIS ETAL SHOLL PO BOX 681 KODIAK AK 99615 140 SMD TRUST PO BOX 714 KODIAK AK 99615 141 SUNG & STEVEN KIM PO BOX 769 KODIAK AK 99615 142 AEM ENTERPRISES, LLC PO BOX 786 KODIAK AK 99615 143 KATHRYN M DAQUILANEA PO BOX 789 KODIAK AK 99615 144 PEARL MAE WELSH PO BOX 8351 KODIAK AK 99615 145 ELKS LODGE #1772 PO BOX 846 KODIAK AK 99615 146 ELIZABETH CHIESA PO BOX 879142 WASILLA AK 99687 147 THOMAS MICHAEL SWEENEY PO BOX 8891 KODIAK AK 99615 148 WAYNE L SARGENT PO BOX 8928 KODIAK AK 99615 149 CHANNEL SIDE SERVICES, LLC PO BOX 993 KODIAK AK 99615 150 PAUL ZIMMER ETAL C/O PAUL ZIMMER RMO UNIT 5070 BOX 0048 DPO AE 9728 AGENDA ITEM #10.A. Kodiak Island Borough OFFICE of the CLERK 710 MiU Bay Road ICodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: cIcrks@kcdink&k.us NOTICE OF PUBLIC HEARING Application For Beverage Dispensary Liquor License Transfer Of Controlling Interest A_public hearing will:he_held-on Thumda . February 20 -2025 _a+.e•30-_p-m.-ir-the-Borough-Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear public comments on the State of Alaska Alcohol and Marijuana Control Office (AMCO) beverage dispensary liquor license transfer of gantrolfing Interest for Bernie's Bar LLC, License No. 4346 DBA Bernie's Bar, From: License Type: Beverage Dispensary Bernie's Bar LLC DBA: Bernie's Bar Current Ownership: Bernie V. Ballao 50% Anabel A. Ballao 50% 320 Center Street, Kodiak, Alaska 99615 TO: Bernie's Bar LLC DBA: Bernie's Bar Current Ownership: Anabel A Ballao 100% 320 Center Street, Kodiak, Alaska 99615 If you do not wish to testify verbally, you may provide comments favoring or opposing via email at clerksMkodiakak.us or you may mail or hand deliver this form to the Borough receptionist at 710 Mill Bay Rd, Kodiak, AK 99615. Written comments must be received by the Clerk's Office no later than noon on the day of the public hearing. nn e Name: } Mailing Address; a J'�trt J 1 Q Comments: f Kodiak Island Borough Code 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or Issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or Issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the aaaambly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or Issuance of the liquor license; and 4. The notice of Intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even If the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion If a protest to the application Is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary... Page 43 of 184 AGENDA ITEM #10.B. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Office Liquor License Transfer Of Ownership From Sook C Yun, DBA Second Floor Restaurant (License No.3293) To Nuniaq Cafe' And Deli And Transfer Of Location From Current Location Of 116 W Rezanof Drive To 113 Lower Millbay Road ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: The Assembly is to assess the license transfer application based on the information contained within the packet, the feedback received from staff, and public testimony during the public hearing. Below are two examples of motions that may be used: Motion 1: Move to voice protest to the State of Alaska Alcohol and Marijuana Control Office (AMCO) transfer of ownership application from Sook C Yun, DBA Second Floor Restaurant (License No.3293) to Nuniaq Cafe' and Deli and the transfer of location from the current location of 116 W Rezanof Drive to 113 Lower Millbay Road and direct the Clerk to submit the letter of protest letter to the Alaska Beverage Control Board (ABC) Board and to the transferor. The reasons for protest are stated in the letter attached to this packet. Clerk's note: If the Assembly approves a protest, the transferor will be given a reasonable opportunity to defend the application at the March 6, 2024, meeting of the Assembly. If there is not a motion to protest approved, the default position will be a no -protest, and a motion for such will not be required. Motion 2: Move to voice non -protest to the State of Alaska Alcohol and Marijuana Control Office (AMCO) transfer of ownership application from Sook C Yun, DBA Second Floor Restaurant (License No.3293) to Nuniaq Cafe' and Deli and the transfer of location from the current location of 116 W Rezanof Drive to 113 Lower Millbay Road, and direct the Clerk to notify AMCO of this decision. At the City of Kodiak Council meeting on February 13, 2025, the Council protested the transfer of REPL No. 3293 based on the expired status of REPL No. 3293 and that the license should not be renewed for the reasons set forth in the City's protest of the pending application to renew REPL No. 3293; and further protested the transfer of REPL No. 3293 based on the transferee's sales tax delinquency, provided that this basis for protest shall be withdraw if, as of May 1, 2025, Nuniaq LLC has complied with all requirements of its sales tax repayment agreement and has filed a complete 2025 Quarter 1 sales tax return. DISCUSSION: This agenda item is a transfer of ownership from Sook C Yun, DBA Second Floor Restaurant (License No.3293) to Nuniaq Cafe' and Deli and transfer of location from current location of 116 W Rezanof Drive to 113 Lower Millbay Road. The Clerk's Office has carefully Kodiak Island Borough Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 44 of 184 AGENDA ITEM #10.B. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2025 ASSEMBLY REGULAR MEETING investigated the transfer per KIBC 5.01.030, and comments were received from the Assessing Department and the Building Official which are attached to the packet. 237 public hearing notices were mailed on February 6, 2025, to property owners within 1,500-foot radius of the new location. Any responses will be distributed to the Assembly. This transfer was scheduled for approval at the February 4, 2025, ABC Board Meeting; however, due to the pending Assembly protests to the renewal and continued operation of License #3293, the ABC Board has decided to postpone the approval of this transfer until they hear from the Borough Assembly. At the February 13, 2025, meeting of the City Council, they protested the transfer of REPL No. 3293 based on the expired status of REPL No. 3293 and that the license should not be renewed for the reasons set forth in the City's protest of the pending application to renew REPL No. 3293; and further protested the transfer of REPL No. 3293 based on the transferee's sales tax delinquency, provided that this basis for protest shall be withdraw if, as of May 1, 2025, Nuniaq LLC has complied with all requirements of its sales tax repayment agreement and has filed a complete 2025 Quarter 1 sales tax return. ALTERNATIVES: 1. Issue a letter of protest. 2. Issue a letter of non -protest. FISCAL IMPACT: OTHER INFORMATION: KIBC 5.01.030 New license and transfer procedure which states: A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Kodiak Island Borough Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 45 of 184 AGENDA ITEM #10.B. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2025 ASSEMBLY REGULAR MEETING Board. AS O4.11.480 A local governing body may protest the approval of an application(s) by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 305.085(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application, responses must be sent to Alcohol Marijuana Control Office (AMCO) for the Alcoholic Beverage Control (ABC) Board within 60 days of receipt. 3 AAC 305.085 (d) A local governing body that protests an application shall allow the applicant a reasonable opportunity to defend the application before a meeting of the local governing body. Kodiak Island Borough Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 46 of 184 AGENDA ITEM #10.B. THE STATE °fALASKA GOVERNOR MIKE DUNLEAVY January 8, 2025 City of Kodiak VIA Email: clerks@city.kodiak.ak.us Kodiak Island Borough VIA Email: Icruz@kodiakak.us; clerks@kodiakak.us Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West Th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 License Type: Restaurant or Eating Place License Number: 3293 Licensee: Nuniaq LLC Doing Business As: Nuniaq Cafe & Deli Premises Address 113 Lower Mill Bay Rd, Kodiak, AK 99615 Endorsement(s): None ❑ New Application ® Transfer of Ownership Application ® Transfer of Location Application ❑ Transfer of Controlling Interest Application We have received a completed application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 305.085(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your protest within 60 days and show proof of service upon the applicant. AS 04.11.491— AS O4.11.509 provide that the board will deny a license application if the board finds that the license is prohibited under as a result of an election conducted under AS O4.11.507. AS O4.11.420 provides that the board will not issue a license when a local governing body protests an application on the grounds that the applicant's proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the alcohol establishment, unless the local government has approved a variance from the local ordinance. Sincerely, Anna White, Licensing Examiner II For Lizzie Kubitz, Acting Director amco.localaovernmentonly@alaska.gov Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 47 of 184 AGENDA ITEM #10.B. Alcohol and Marijuana Control Office 550 W 7" Avenue, Suite 1600 oar%� Anchorage, AK 99501 lttos://www.commerce.alaska.gov/web/amca alcohol.licensine@alaska.Ro r Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Trangf�r License A►i"Nication Why is this form needed? This transfer license application form is required for all individuals or entities seeking to apply for the transfer of ownership and/or location of an existing liquor license. Applicants should review Title 04 of Alaska Statutes and Chapter 304 of the Alaska Administrative Code. All fields of this form must be completed, per AS O4.11.260, AS O4.11.280, AS O4.11.290, and 3 AAC 304.105. This form must be completed and submitted to AMCD's Anchorage office, along with all other required forms and documents, before any license application will be considered complete. Section 1 — Transferor Information Enter information for the current licensee and licensed establishment. Licensee: Sook C Yun I License #: 3293 License Type: I Restaurant or Eating Place IStatutory Reference: AS O4.09.210 Doing Business As: Second Floor Restaurant Premises Address: 116 W Rezanof Drive City: Kodiak IState: AK IZIP: 199615 Local Governing Body: City of Kodiak, Kodiak Island Borough Transfer Type: L�J Regular transfer ❑ Transfer with security interest I nvoluntary retransfer OFFICE USE ONLY Complete Date: Transaction A [ too '71 Ibc) (So Board Meeting Date: License Years: Issue Date: Examiner: [Form AB-01) (rev 2/24/2022) Page 1 of 7 RECEIVED FEB 2 7 2023 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 48 of 184 AGENDA ITEM #10.B. Alcohol and Marijuana Control Office 550 W 7" Avenue, Suite 1600 Anchorage, AK 99501 alc2hol.licensine0alaska.eov httos://www.commerce.alaska.pov/web/amco Phone: 907,269.0350 Alaska Alcoholic Beverag A�yoptrol Board. ,'4raeL OFFICE � �a Form AB-01: Transfer License Application Section 2 - Transferee Information Enter information for the new aoolicant and/or location seekine to he licensed. Licensee: Nuniaq LLC Doing Business As: Nuniaq Cafe & Deli Premises Address: 113 Lower Millbay Road City: Kodaik State: Alaska IZIP: 199615 Community council: City of Kodiak MailingAddress: 4207 Cliffside Road City: Kodiak state: AK I ZIP: 99615 Designated Licensee: Melissa Berns Contact Phone: 907.202.1139 Business Phone: 1907.481.1660 Contact email: nuniagak@gmail.eom Yes No Seasonal License? a Premises to be licensed is: If "Yes", write your six-month operating period: Section 3 — Premises Information ❑✓ an existing facility El a new building a proposed building The next two questions must be completed by beverage dispensary (including tourism) and package store applicants only: What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the outer boundaries of the nearest school grounds? Include the unit of measurement in your answer. What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the public entrance of the nearest church building? Include the unit of measurement in vour answer. [form AS-01](rev 2/24/2022) RECEIVED fFA 2 7 2023 Page 2 of 7 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 49 of 184 AGENDA ITEM #10.B. Alcohol and Marijuana Control Office �ynniaeH� 550 W 7`h Avenue, Suite 1600 cd^i.�':•`o.. �, Anchorage, AK 99501 alcohol.licensingOalaska.eov hit /ww%-j.comme rce.alas ka. a ov/web/a mca Phone:907.259.0350 • _ Alaska Alcoholic Beverage Contrd!Board 1 Sr4rFaF� ° Form AB-01: Transfe'r' Lii ense dunfl- ation Section 4 - Sole Proprietor Ownership Information This section must be completed by any sole proprietor who is applying for a license. Entities should skip to Section 5. if more space is needed, please attach a separate sheet with the required information. The following information must be completed for each licensee and each affiliate (spouse). This individual is an: ID applicant M affiliate Name: Melissa Berns Address: 4207 Cliffside Road City: Kodiak I state: AK ZIP: 99615 This individual is an: El applicant affiliate Name: Address: City: State: ZIP: Section 5 - Entity Ownership Information This section must be completed by any entity, including a corporation, limited liability company (LLC), partnership, or limited partnership, that is applying for a license. Sole proprietors should skip to Section 6. If more space Is needed, please attach a separate sheet with the required information. • If the applicant is a corporation, the following information must be completed for each stockholder who owns 10%or more of the stock in the corporation, and for each president vice-president secretary, and managing officer. • If the applicant is a limited liability organizationthe following information must be completed for each member with an ownership interest of 10%or more, and for each manager. • Ifthe applicant is a partnership, including a limited partnership, the following information must be completed for each partner with an interest of 10% or more, and for each general partner. Entity Official: Melissa Berns Title(s): Member I Phone: 1907.202.1139 1 % Owned 1100 Address: 4207 Cliffside Road City: Kodiak state: AK ZIP: 99615 [Form AS-01](rev 2/24/2022) E L R 2 7 207, Page 3 of 7 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 50 of 184 AGENDA ITEM #10.B. �....._._ .__ Alcohol and Marijuana Control Office 1 r r;a , ry�]ri� 550 W 7ch Avenue, Suite 1600 Ir iVOIwN;:Vo __--------+ Anchorage, AK99501 v r i alcohol licensine(aalaska,QOV U 4 2!)h = j ( tt p s: www.commerce.alaska�oJweb/amc0 Phone: 907.269.0350 / Alaska Alcoholic Beverage `Contro[ Board 1,lii OF OFFICE Form AB-01: Transfer License Application Entity Official: Title(s): Phone: % Owned: Address: City: State: ZIP: Entity Official: Title(s): Phone: % Owned: Address: City: State: ZIP: Entity Official: Title(s): Phone: % Owned: Address: City: State: ZIP: This subsection must be completed by any applicant that is a corporation or LLC. Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations (DOC) and have a registered agent who is an individual resident of the state of Alaska. DOC Entity #: 10192876 AK Formed Date: 04/ 12/22 1 Home State: I AK Registered Agent: Melissa Berns Agent's Phone: 907.202.1139 Agent's Mailing Address: 4207 Cliffside Road City: Kodiak state: AK zIP: 99615 Residency of Agent: Yes No Is your corporation or LLC's registered agent an individual resident of the state of Alaska? a✓ (Form AB-011 (rev 2/24/2022) Page 4 of 7 FED 171g1 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 51 of 184 AGENDA ITEM #10.B. Alcohol and Marijuana Control Office Lc).7 N :1L�7_-.�i=;!!`f � �d 550 W 7 Avenue, Suite 1600 cp�� osi j —� Anchorage, AK99501 f ifs. �i �� 4 i9Za aicohol.licensine alaska.eov htt vllwww.commerce.alaska. ov web amco :,Lt.+- CO-WROL OFFICE Phone: 907,269.0350 Alaska Alcoholic Beverage Control Boatd.nr gtns�r,% s.,,E.;F�► •/ Form AB-01: Transfer License Application Section 6 - Other Licenses ownership and financial interest in other alcoholic beverage businesses: Yes No Does any representative or owner named as a transferee in this application have any direct or indirect ❑ financial interest in any other alcoholic beverage business that does business in or is licensed in Alaska? If "Yes", disclose which individual(s) has the financial interest, what the type of business is, and if licensed in Alaska, which license number(s) and license type(s): Section 7 - Authorization Communication with AMCO staff: Does any person other than a licensee named in this application have authority to discuss this license with AMCO staff? , "v__" r....,i♦La ., a ..i •6o individual and the reason for this authorization: Nathan Svoboda, Business & Operations Manager Yes No [Form AB-031 (rev 2/24/2022) Page 5 of 7 i�ELZ - ED FEB 2 7 202LI Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 52 of 184 AGENDA ITEM #10.B. Alcohol and Marijuana Control Office 550 W 71h Avenue, Suite 1600 "+�` Anchorage, AK 99501 yS f1�]I :�� _�� 4� alcohol.licensingOalaska.eov / ! n h�ttos//wwty.commerce.alaska.pov/web/amco e / l 4 f Jll { Phone: 907,269.0350 Alaska Alcoholic Beverage Control Board • r194'OF- Form AB-01: TransferIkensee-Aippl1"Eation Section 8 - Transferor Certifications Additional copies of this page may be attached, as needed, for the controlling interest of the current licensee to be represented. I declare under penalty of perjury that the undersigned represents a controlling interest of the current licensee. I additionally certify that I, as the current licensee (either the sole proprietor or the controlling interest of the currently licensed entity) have examined this application, approve of the transfer of this license, and find the information on this application to be true, correct, and complete. Signature of transferor S G-U k- C - �f VI I Printed name of transferor /� ✓✓�� Subscribed and sworn to before me this 21� day off 20 o NOTARY PUBUC Micah fopacio Signature f Notary Public MyCcmmisslonExpifasA Notary Public in and for the State of My commission expires: ignature of transferor 3-l�v 2,Y/ Printed name of transferor YJ t� Subscribed and sworn to before me this day of I�l_yiyi�t Vr� 2O X t� ,�A. OF Al .ASKNOTARY �USig ature of Notary Public /• .�„> . 6LIC Micah TOPacio Notary Public in and for the State of 1 1I My Commission Expires: 1 _ l My commission expires: 4� [Form AB-011 (rev 2/24/2022) Page 6 of 7 00 -7-78 0, b RECEIVED FEB 2 71023 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 53 of 184 AGENDA ITEM #10.B. Alcohol and Marijuana Control Office f�r5rf. —~ tr 550 W 7`h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.hcseknas.in¢lalaska.aovN /y s: mov veb amco-I ce.alaPhone: 907.269,0350 Alaska Alcoholic Beverage �d�itr�8il��da�d, i'��? OFFICE 'r4 rEpF�g~''• Form AB-01: Transfer License App ication Section 9 - Transferee Certifications Read each line below, and then sign your initials in the box to the right of each statement: Initials I certify that all proposed licensees (as defined in AS O4.11.260) and affiliates have been listed on this application. KI I certify that all proposed licensees have been listed with the Division of Corporations. li�] I certify that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued. KI I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check the identification of a patron will complete an approved alcohol server education course, if required by AS O4.21.025, and, while selling or serving alcoholic beverages, will carry or have available to show a current course card or a photocopy of the card certifying completion of approved alcohol server education course, if required by 3 AAC 304.465. 1 agree to provide all information required by the Alcoholic Beverage Control Board in support ofthis 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 1 know the full content thereof. I declare that all ofthe 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 11.56,210 to falsify an application and commit the crime of unsworn falsification. STATE Ul: AL.ASKA .., NOTARY PUBLIC y�M�: r � � I✓ Micah Topacio ignature of tra My Cammiscion exPores:LL L(; Signature of Notary u { iics% fir'�f�1� bs—�f1 Notary Public In and for the State of r t t""" Printed name My commission expires: ll�{ Subscribed and sworn to before me this day of 201- [Form AS -Oil (rev 2/24/2022) QFCOV0 Page 7 of 7 lf�+ EJ,B 2. T 202E Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 54 of 184 AGENDA ITEM #10.B. ; : i I Alcohol and Marijuana Control Office i. lam. 1 1 550 W 7th Avenue, Suite 1600 t Anchorage, AK 99501 I alcofrol.Itcensint;CuDalaska.eov http5://w%w4.commerce.alaska.eov/web/amco O FICE { Phone:907.269.0350 Alaska Alcoholic Beverage Control-B'---rd"! " s., Form AB-02: Premises Diagram Why is this form needed? A detailed diagram of the proposed licensed premises is required for all liquor license applications, per AS O4.11.260 and 3 AAC 304.185. Your diagram must include dimensions and must show all entrances and boundaries of the premises, walls, bars, fixtures, and areas of storage, service, consumption, and manufacturing. If your proposed premises is located within a building or building complex that contains multiple businesses and/or tenants, please provide an additional page that clearly shows the location of your proposed premises within the building or building complex, along with the addresses and/or suite numbers of the other businesses and/or tenants within the building or building complex. The second page of this form may not be required. Blueprints, CAD drawings, or other clearly drawn and marked diagrams may be submitted in lieu of the second page of this form. The first page must still be completed, attached to, and submitted with any supplemental diagrams. An AMCO employee may require you to complete the second page of this form if additional documentation for your premises diagram is needed. This form must be completed and submitted to AMCO's Anchorage office before any license application will be considered complete. I have attached blueprints, CAD drawings, or other supporting documents in addition to, or in lieu of, the second page of this form. Section 1 - Establishment Information Enter information for the business seeking to be licensed, as identified on the license application. Yes No 7 El Licensee: Nuniaq LLC License Number: 3293 License7ype: I Restaurant or Eating Place Doing Business As: I Nuniaq Cafe & Deli Premises Address: 1113 Lower Millbay Road City: JlKodiak Istate: JAK I ZIP: 99615 [Form AB-021 (rev 2/28/2022) ftFC'q-(VVn P Page 1 of 2 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 55 of 184 AGENDA ITEM #10.B. f-, },-- - Alcohol and Marijuana Control Office 1.11,, 550 W 7� Avenue, Suite 1600 Anchorage, AK 99501 V 4 /+ "' i alcohol. licensing(@alaska.gov h"o.s://www.commerce.alaska.goy/webLi mco 1A%;-,O:OFFICE I Phone: 907.269,0350 Alaska Alcoholic Beverage Control -Board— ."I.ASRA • s�"�Ep{� Form AB-02: Premises Diagram Section 2 - Detailed Premises Diagram Clearly indicate the boundaries of the premises and the proposed licensed area within that property. Clearly indicate the interior layout of any enclosed areas on the proposed premises. Clearly identify all entrances and exits, walls, bars, and fixtures, and outline in red the perimeter ofthe areas designated for alcohol storage, service, consumption, and manufacturing. Include dimensions, cross - streets, and points of reference in your drawing. You may attach blueprints or other detailed drawings that meetthe requirements of ♦L.:_ F..r... [Form AB-021 (rev 2/28/2022) Page 2 of 2 R,16VE= vpp, 2 i 2M Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 56 of 184 AGENDA ITEM #10.B. t9' Melissa Berns, Chef & Owner 113 Lower Mill Bay Road Kodiak, Alaska 99615 Restaurant: 907.481.1660 NUNIAQ Cell: 907.202.1139 Email: nuniagak@gmail.com Nuniag Interior Interior layout of any enclosed areas on the proposed premises. Clearly identify all entrances and exits, walls, bars, and fixtures, and outline in red the perimeter of the areas designated for alcohol storage, ser- vice, consumption, and manufacturing 3 i 65' 34' 7' —i 12' 12' Walk In Walk In Refrigerator T Freezer with cold storage for Office/Furnace Room 8 Kitchen/Cook Area (20' x 34') 7' x 7' beverages ( ) (8' x 12' ) (12'x12') Steam Table, Deli Frig, Fryer, Small Chest Freezer, Flat Grill, Oven/Range, Double Electric Oven, Prep tables Alcohol stored here Dish Storage (11'x12') 11' Deli/Front Service Counter Handwashing/Prep Sink/3 Compartment/Dishwasher/Ice a fir Dining Area (19' x 41') Dry Storage Alcohol served here 20' x 12' I ❑ Alcohol stored here M20 C Q utilityX. rn Room 41' I 4'�— 8' —j 12'� ♦ Areas where alcohol is served or sold are identified in blue ♦ Areas where alcohol is stored are identified in orange 0 ♦ The interior of our dining space for patrons is outlined with tables marked with yellow boxes. The main entrance in green. ♦ The Deli/Front Service Counter is marked in a blue box and were beverage orders will be taken in addition to table service. ♦ Walk in refrigerator with storage for cold beverages is marked in orange. ♦ The dry storage and receiving area will include storage for warm beverages is marked in orange ♦ Business office where records will be kept is marked. ,r , "W�,�;�ED ♦ Restrooms and the utility room are marked in gray boxes `' � " EB 7 703 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 57 of 184 AGENDA ITEM #1O.B. Yo NUNIAQ Melissa Berns, Chef & Owner 113 Lower Mill Bay Road Kodiak, Alaska 99615 Restaurant: 907.481.1660 Cell: 907.202.1139 Email: nuniagak@gmail.com Section 2 — Detailed Premises Diagram Clearly indicate the boundaries of the premises and the proposed licensed area within that property. Clearly indicate the interior layout of any enclosed areas on the proposed premises. Clearly identify all entrances and exits, walls, bars, and fixtures, and out- line in red the perimeter of the areas designated for alcohol storage, service, consumption, and manufacturing. Include dimen- sions, crossEstreets, and points of reference in your drawing. You may attach blueprints or other detailed drawings that meet the requirements of this form. Nuniaq Exterior Premises Boundaries, Dimensions, Cross Streets, Entrance, r lip r � i -A '�• �.* SOP on. ',0 Dat attribution 4'19l2025-newer N W E .".0 ni � i n ilea. 281 nt ♦ Nuniaq LLC. is located at 113 Lower Millbay Road in the City of Kodiak, Alaska and Kodiak Island Bor- ough. ♦ The building is 2,400 square feet; dining space is —600 square feet. • The property is on a .17 acre lot situated between Yukon Street and Lower Millbay Road. ♦ The main cross streets include Yukon Street, Lower Millbay Road and East Rezanof Drive in downtown Kodiak. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 58 of 184 AGENDA ITEM #10.B. Alcohol and Marijuana Control Office �bw�u^W *For Restaurant information part of the Restaurant 550 W 7"Avenue, Suite 1600 Anchorage, AK 99501 or Eating Place License Type* alcohol. Iice nsinQpalaska.eov i https://www.commerce.alaska.g v/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-03: Restaurant Designation Permit Application Why is this form needed? A restaurant designation permit application is required for a licensee desiring designation under 3 AAC 304.715 — 3 AAC 304.795 as a bona fide restaurant, hotel, or eating place for purposes of AS O4.16.010(c) or AS O4.16.049. Designation will be granted only to a holder of a beverage dispensary, club, recreational site, golf course, or restaurant or eating place license, and only if the requirements of 3 AAC 304,305, 3 AAC 304.725, and 3 AAC 304.745, as applicable, are met. A menu or expected menu listing the meals, including entrees prepared on -site and offered to patrons, and copy of the DEC Food Service Permit (or corresponding DHHS documentation for licenses located in the Municipality of Anchorage) must accompany this form. Applicants should review AS 04.16.049 —AS O4.16.052 and 3 AAC 304.715 — 3 AAC 304.795. All fields of this form must be completed. The required $50 permit fee may be made by credit card, check, or money order. Section 1 - Establishment Information Enter information for licensed establishment. Licensee: Nuniaq LLC License Type: Restaurant or Eating Place License Number: 3293 Doing Business As: Nuniaq Cafe & Deli Premises Address: 113 Lower Mlllbay Rd. City: Kodiak State: AK zlP: 99615 Contact Name: Melissa Berns Contact Phone: 907-202-1139 Section 2 - Type of Designation Requested This application is for the request of designation as a bona fide restaurant, hotel, or eating place for purposes of AS O4.16.010(c) or AS O4.16.049, and for the request of the following designation(s) (check all that apply): 1.1-1 Dining after standard closing hours: AS O4.16.010(c) 2. ❑� Dining by persons 16 — 20 years of age: AS O4.16.049(a)(2) 3. ❑� Dining by persons under the age of 16 years, accompanied by a person over the age of 21: AS O4.16.049(a)(3) 4. a Employment for any persons under 21 years of age: AS O4.16.049(c) NOTE: Under AS O4.16.049(d), a Department of Labor and Workforce Development work permit is not required to employ a person 18 - 20 years of age. OFFICE USE ONLY Transaction #. I ' �o%-7 g p (� i� r� I Initials: 1 [Form AB-03] (rev 10/27/2022) $50 4;,-} AEOSIVED rrvp W) Page 1 of 5 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 59 of 184 AGENDA ITEM #10.B. Alcohol and Marijuana Control Office bona„vAMq 550 W Th Avenue, Suite 1600 Anchorage, AK 99501 °O ^. alcohol.licensinQ@alaska.eov https://www.commerce.alaska.gov/web/amco Phone:907.269.0350 IAlaska Alcoholic Beverage Control Board sr4Fof Form AB-03: Restaurant Designation Permit Application Section 3 — Minor Access Review AS O4.16.049(a)(2); AS O4.16.049(a)(3); AS O4.16.049(c) List where within the premises minors are anticipated to have access in the course of either dining or employment as designated in Section 2. (Example: Minors will only be allowed in the dining area. OR Minors will only be employed and present in the Kitchen.) Non employeed minors will only be allowed in dining area. Employeed miniors will be permitted in the kitchen and dining area. Describe the policies, practices and procedures that will be in place to ensure that minors do not gain access to alcohol while dining or employed at your premises. Alcohol will be under direct supervisoion of managers at opening, during service and closing. Only staff with TAP cards will be permitted to accecss beer/wine in receiving, storage, stocking and during services. In addition; camera monitoring systems are in place and recording indoor and outdoor, monitoring activitiies at all times. Alcohol will be stored under lock and key with access limited to TAPS certified staff. Key for alcohol stroage will be limited to owners and managers. Yes No Is an owner, manager, or assistant manager who is 21 years of age or older always present on the premises during business hours? Section 4 — DEC Food Service Permit Per 3 AAC 304.910 for an establishment to qualify as a Bona Fide Restaurant, a Food Service Permit or (for licenses within the Municipality of Anchorage) corresponding Department of Health and Human Services documentation is required. Please follow this link to the DEC Food Safety Website: http://dec.alaska.gov/eh/fss/food/ Please follow this link to the Municipality Food Safety Website: http://www.mu n i.org/Departments/health/Admin/environment/FSS/Pages/fssfood.aspx IF you are unable to certify the below statement, please discuss the matter with the AMCO office: Initials I have attached a copy of the current food service permit for this premises OR the plan review approval. *Please note, if a plan review approval is submitted, a final permit will be required before finalization of any permit or license application. (Form AB-03] (rev 10/27/2022) �j�r Page 2 of 5 EClg/lVEJV Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 60 of 184 AGENDA ITEM #10.B. Alcohol and Marijuana Control Office 1h Avenue, Suite 1600 550 W 7Anchorage, AK 99501 alcohol.licensing(a)alaska.eov https:/Iwww.commerce.alaska.gov/web/amco Phone: 907.269.0350 . 1 Alaska Alcoholic Beverage Control Board >,rEoFA Form AB-03: Restaurant Designation Permit Application Section 5 - Hours of Operation Review AS O4.16.010(c). Enter all hours that your establishment intends to be open. Include variances in weekend/weekday hours, and indicate am/pm: Sunday 10am-2pm Monday -Thursday 11 am-2pm Friday 4pm-8pm Section 6 - Entertainment & Service Review AS O4.11.100(g)(2) Yes No Are any forms of entertainment offered or available within the licensed business or within the proposed licensed premises? If "Yes", describe the entertainment offered or available and the hours in which the entertainment may occur: May have some music on weekends or special occasions Food and beverage service offered or anticipated is: atable service buffet service counter service other If "other", describe the manner of food and beverage service offered or anticipated: Page 3 of 5 [Form A13-03] (rev 10/27/2022) [aj+CJ . �"VIED � _fy �.. p VED Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 61 of 184 AGENDA ITEM #10.B. Alcohol and Marijuana Control Office 550 W 71h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensinR@alaska.eov httas://www.commerce.alaska.eov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board •' 82' 4 rFpFA . Form AB-03: Restaurant Designation Permit Application Section 7 - Certifications and Approvals Read each line below, and then sign your initials in the box to the right of each statement: Initials There are tables or counters at my establishment for consuming food in a dining area on the premises. I F�61 I have included with this form a menu, or an expected menu, listing the meals to be offered to patrons. This menu includes entrees that are regularly sold and prepared by the licensee at the licensed premises. D-L I certify that the license for which I am requesting designation is either a beverage dispensary, club, recreational site, golf course, or restaurant or eating place license. 1E I have included with this application a copy of the most recent AB-02 or AB-14 for the premises to be permitted. (AB-03 applications that accompany a new or transfer license application will not be required to submit an additional copy of their premises diagram.) I hereby certify that I am the person herein named and subscribing to this application and that I have read the i complete application, and I know the full 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 11.56.210 to falsify an application and commit the crime of unsworn falsification. 'Printed name of licensee /Signature of licensee Local Government Review (to be completed by an appropriate local government official): Approved Denied Signature of local government official Date Printed name of local government official Title [Form AB-03] (rev 10/27/2022) 11-pi„r1y'i, ED 1.. fir'' ��^!�?L�gj1�. Page 4of5 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 62 of 184 AGENDA ITEM #10.B. Alcohol and Marijuana Control Office y6N' i� S50 W Th Avenue, Suite 1600 Anchorage, AK 99501 aIcoho1.1icensine@aIaska.eov https://www.commerce.alaska.pov/web/amco r Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-03: Restaurant Designation Permit Application AMCO Enforcement Review: Enforcement Recommendation: Approve Deny Signature of AMCO Enforcement Supervisor Printed name of AMCO Enforcement Supervisor Date Enforcement Recommendations: AMCO Director Review: Approved Denied Signature of AMCO Director Printed name of AMCO Director Date Limitations: [Form A13-03] (rev 10/27/2022) Page 5 of 5 RBC%Mp r t 1 70D Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 63 of 184 AGENDA ITEM #10.B. FROM THE KITCHEN FROM THE DELI Featured Burger of the Month 19 FALL BUDDAH BOWL GFN 16 BOURBON BBQ & BACON MEATLOAF BURGER Our bowl is filled with some of the best seasonal flavors, in - Juicy and delicious bourbon bbq meatloaf grilled and topped with cluding roasted butternut squash, dried cranberries, crunchy more bourbon BBQ sauce, thick crisp pieces of bacon, melted pecans, pumpkin seeds, crumbled fete cheese, crispy apples, cheddar cheese and greens on a Kaiser bun. Served with our quinoa, and greens with a tangy apple cider vinaigrette. house chips. SALMON MELT GF* A melt in your mouth blend of wild Alaskan salmon and fresh herb spread sandwiched with cheddar cheese and herb cream cheese on toasty sourdough bread. Served with house chips. BANG BANG SHRIMP BOWL GF Crisp shrimp in a tangy bang bang sauce with a little kick! Served over brown rice with edamame, pickled red onion, cucumbers and carrots. Bowls come with a side salad and toasted sesame dressing; simply irresistible! COD JALAPENO POPPER GRILLED CHEESE GF* Grilled Pacific cod paired with our herb cream cheese blend: melly cheddar cheese and pickled jalapeno slices on sourdough bread. Served with our house chips I SMOKED SALMON WRAP GF' 17.50 Flakey smoked Kodiak salmon on an herb cream cheese spread tortilla wrapped with cucumber slices, baby spinach, pickled red onions and sweet bell peppers. 17.5 Served with tortilla chips. CHICKEN PESTO WRAP GF* 1a Garlic and herb roasted chicken breast lopped with basil pes- to, sun dried tomato puree, fete crumbles and mixed greens in a sun dried tomato tortilla wrap. Served with tortilla chips. 18 NUNIAQ BURGER 16.5 Our juicy and delicious, hand-crafted, 113# seasoned, all beef burger grilled and topped to your liking. Served on a toasted kaiser bun with chips, greens, tomato slices, pickled onions, and condiments. Add Cheese: Cheddar/PepperJacklHabanero/Swiss $1. Bacon $2 Avocado Spread $1 Peanut butter $1 Fried Egg $1.5 BBQiChipode Ranch/Cilantro Sauce $ .5 SOURDOUGH BLTA GF* Four pieces of thick smoked bacon, crisp greens, tomato slices, avocado spread and our house chipotle ranch on a toasted sour- dough bread. Served with our house chips. TACOS GF* Three corn tortilla tacos with melted cheese; your choice of Pa- cific Cod, Southwest Seasoned Chicken or Southwestern Veggie; lopped with our Asian salad blend and your choice of cilantro -lime cream or chipotle ranch. Served with tortilla chips and salsa. GRILLED FLANK STEAK SANDWICH GF' Tender and juicy flank steak strips on a bed of Cajun shrimp remoulade with pickled red onions and greens on a warm ciabat- ta roll. Served with our house chips SEAFOOD CHOWDER Our chowder is the ultimate comfort food made with Kodiak's freshest seasonal seafood blended with creamy potatoes, car- rots, and of course, salty smoked bacon; served with pilot bread and sweet cream butter. Served in a cup or bowl. BUTTERNUT SQUASH & CASHEW BISQUE DN/GF* Slow roasted butternut squash seasoned with notes of thyme & sea salt and pulled together with a smooth cashew cream. Topped with sourdough croulons and spicy roasted pepilas. 'Soup is vegan and gluten & dairy free; croutons served on the side. 18 SIERRA TURKEY WRAP GF* 18 Oven roasted turkey breast paired with sharp white cheddar cheese, baby spinach, herb cream cheese and dried cranber- ries roiled together in a spinach wrap. Served with sweet onion vinaigrette and tortilla chips. CHICKPEA & HERB SALAD VIGF 16 A fresh and creamy chickpea salad in a lemon. Greek yogurt and herb blend served with sliced radishes, shredded carrots and cucumbers on a bed of salad greens; served with pile bread. GREEK CHICKEN SALAD GF 17 Mediterranean seasoned chicken, cherry tomatoes, banana pepper rings, cucumber, Kalamata olives, red wine vinegar pickled red onions, and feta cheese nestled on a bed of fresh salad greens! Served with a balsamic vinaigrette. 17/17/16 KODIAK SMOKED SALMON PASTA SALAD 9 Wild caught Kodiak salmon brined and hot smoked to perfec- tion; combined with herbs, bell peppers, penne pasta, and a creamy dressing. 16oz cup CAESAR SALAD VIGF* 12.5 Crisp fomaine lettuce tossed in our house Caesar dressing 18.5 with parmesan cheese, crunchy sourdough crouton pieces and sweet cherry tomatoes. SWEETS & TREATS 8/15 DREAM BARS 5 TRIPLE CHOCOLATE BROWNIES 5 14 KRISPY TREAT BARS 4.5 COOKIES, CUPCAKES AND OTHER BAKED GOODS Our bakers will have fresh and hot out of the oven options to satisfy your sweet tooth daily! Stop by or ask when placing an order to see what's new. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 64 of 184 AGENDA ITEM #10.B. t_1 Alaska Food Code 2024 Establishment Permit Division of Environmental Health Food Safety & Sanitation Program Permit Number: 1368 t Issued to: NUNIAQ LLC For: Nuniaq For Operation of: FF-7 Food Service and Caterer Located at: 113 Lower N ill Bay RD Kodiak, AK 99615 "this permit, issued under the provisions of 18 AAC 31, is valid until the noted expiration date or unless suspended or revoked by the department. This permit is not transferable for change of ownership, facility location, or type of operation. It must be posted in plain view in the establishment and is the property of the State of Alaska. Expiration Date: Program Manager: December 31, 2024 INT.FiJ,jv� If you have questions or concerns regarding GG safe food handling practices call toll free: 1-87'!�SAf�"E-FUOD (in Anchorage call 334-2560) V OF 7'y tZ t4 O�ALASV'r i RECEIVED PER 2 7 2071 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 65 of 184 AGENDA ITEM #10.B. From: Seema Garoutte To: Lina Cruz Cc: Clerks; Aimee Williams Subject: RE: REPL Transfer of Location & Ownership Application - Nuniaq (Bcc"d Staff) Date: Tuesday, January 14, 2025 10:45:10 AM Attachments: imaae004.oif imaae001.ono There are two accounts for this property, one real and one business personal property. In looking at the BPP account, the account has been in the transferee's name for 3 years. In those three years, Assessing has had to force file the account, as the business owner has refused to file. Assessing is protesting the transfer of this license based on noncompliance in filing Business Personal property since it has been open. Best, From: Lina Cruz <Icruz@kodiakak.us> Sent: Thursday, January 9, 2025 9:35 AM Cc: Clerks <Clerks@kodiakak.us> Subject: REPL Transfer of Location & Ownership Application - Nuniaq (Bcc'd Staff) Importance: High Good morning, The Alcohol & Marijuana Control Office (AMCO) has notified the Clerk's Office of a Transfer of Location and Ownership application for the following license: TRANSFEROR TRANSFEREE Licensee: Sook C Yun Nuniaq LLC License Type: Restaurant Eating Place DBA Second Floor Restaurant Nuniaq Cafe & Deli Premises Address: 116 W Rezanof Drive 113 Lower Mill Bay Road Kindly examine the attached application packet and inform me via email whether your department Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 66 of 184 AGENDA ITEM #10.B. has an interest in protesting the transfer of location and ownership of the liquor license. I would appreciate your response by Tuesday. January 21. Please note that a lack of response will be interpreted as no protest. Should you have any questions, feel free to reach out. Link to the Borough code: 5.01.030 New license and transfer procedure u Lina 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 Icruz@kodinkak.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. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 67 of 184 AGENDA ITEM #10.B. From: Hansen. Ted To: Lina Cruz Subject: RE: REPL Transfer of Location & Ownership Application - Nuniaq (Bcc"d Staff) Date: Thursday, January 9, 2025 10:55:11 AM Attachments: innaae001.oif Lina, Nuniaq has an open building permit that has never had a final inspection called for. With this in mind I would object to the transfer. Ted Hansen, CBO Building Official Department of Building Safety City of Kodiak / Kodiak Island Borough thansen(@cit)l.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: Thursday, January 9, 2025 9:35 AM Cc: Clerks <Clerks@kodiakak.us> Subject: REPL Transfer of Location & Ownership Application - Nuniaq (Bcc'd Staff) Importance: High [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 morning, The Alcohol & Marijuana Control Office (AMCO) has notified the Clerk's Office of a Transfer of Location and Ownership application for the following license: TRANSFEROR TRANSFEREE Licensee: Sook C Yun Nuniaq LLC License Type: Restaurant Eating Place DBA Second Floor Restaurant Nuniaq Cafe & Deli Premises Address: 116 W Rezanof Drive 113 Lower Mill Bay Road Kindly examine the attached application packet and inform me via email whether your department has an interest in protesting the transfer of location and ownership of the liquor license. I would Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 68 of 184 AGENDA ITEM #10.B. appreciate your response by Tuesday, January 21. Please note that a lack of response will be interpreted as no protest. Should you have any questions, feel free to reach out. Link to the Borough code: 5.01.030 New license and transfer procedure ❑® Lina 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 lcruz@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. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 69 of 184 AGENDA ITEM #10.B. Kodiak Island Borough OFFICE of the CLERK 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: clerks@kodiakak.us NOTICE OF PUBLIC HEARING Application For Restaurant Eating Place Liquor License Transfer Of Ownership & Location Application A public hearing will be held on Thursday February 20, 2025, at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. The Kodiak Island Borough Assembly will hear public comments regarding Nuniaq LLC, License No. 3293 transfer of ownership and location application. Transferor Information: Sook C Yun DBA: Second Floor Restaurant License Type: Restaurant Eating Place 116 W Rezanof Drive Kodiak, Alaska 99615 Phone Number: (407) 733-6231 Transferee Information: Nuniaq LLC DBA: Nuniaq Caf6 & Deli 113 Lower Mill Bay Road Kodiak, AK 99615 Phone Number: (907) 202-1139 If you do not wish to testify verbally, you may provide comments favoring or opposing via email at clerks(a-)_kodiakak.us or you may mail or hand deliver this form to the Borough receptionist at 710 Mill Bay Rd, Kodiak, AK 99615. Written comments must be received by the Clerk's Office no later than noon on the day of the public hearing. Name: Mailing Address: Comments: Kodiak Island Borough Code 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 70 of 184 AGENDA ITEM #10.B. Applicant: Nuniaq Application: Liquor License Transfer Address: 113 Lower Mill Bay Road Notification: Required within 1500ft Radius This map is provided for informational purposes only and is not intended for any legal representation. 0 Kodiak Island Borough GIS www.kodiakak.us (907)-486-9332 0.17 Esri, H OR USGS, EPA, USDA Status Notifcation Parcel Subject Parcel 0 Other Parcels 0.35 Q Miles 1500 Foot Radius Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 71 of 184 AGENDA ITEM #10.B. Kodiak Island Borough OFFICE of the BORUGH CLERK 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: clerks@kodiakak.us February 5, 2025 Melissa Berns/Nuniaq LLC Also VIA Email: nuniagak@gmail.com 4207 Cliffside Road Kodiak, Alaska 99615 RE: Transfer Of Ownership & Location Application For Restaurant Eating Place Liquor License # 3293 Dear Ms. Berns, On January 8, 2025, we received a notice from the Alcoholic & Marijuana Control Office (AMCO) regarding the application for transfer of ownership and location for the restaurant or eating place liquor (REPL) license referenced above. The review of the transfer of ownership and location for REPL license No. 3293, associated with Second Floor Restaurant, is scheduled to be presented to the Kodiak Island Borough Assembly on February 20, 2025. This letter informs you of your right to attend the public hearing. Sincerely, OFFICE OF THE BOROUGH CLERK Lina Cruz, Deputy Clerk Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 72 of 184 ` # Name Mailing Address City State Zip 1 ACKERMAN MEYER AUGUST 118 W HILLCRESTST KODIAK AK 99615 2 AEM ENTERPRISES LLC PO BOX 786 KODIAK AK 99615 3 AGONOY DELONIO FLORDELIZA 516 WILLOW ST KODIAK AK 99615 4 AJA KODIAK PROPERTIES LLC 5072NDAVE FAIRBANKS AK 99701 5 ALAGNAK INC PO BOX 1275 KODIAK AK 99615 6 ALASKA STATE BLDG AUTH PO BOX 230329 ANCHORAGE AK 99523 7 ALASKA STATE OF 550 W 7TH AVE STE 640 ANCHORAGE AK 99501 8 ALEJANDRO EDWIN S, JOCELYN R HECTOR, & GENOVEVA 419 WILLOW STREET KODIAK AK 99615 9 ALEJANDRO WILLIAM & MARITES 522 WILLOW ST KODIAK AK 99615 10 ALLEN DAVID M 512 OAK AVE KODIAK AK 99615 11 ALONZO MELVIN MICHAELA 510THORSHEIM ST KODIAK AK 99615 12 ALUTIIQ HERITAGE FOUNDATION 215 MISSION RD KODIAK AK 99615 13 AMERICAN LEGION INC 318 CENTER AVE KODIAK AK 99615 14 AMESSTEVEN PO BOX2724 KODIAK AK 99615 15 ANCHOR APARTMENTS LLC 758 JACKSON LANE KODIAK AK 99615 16 ANDERSON LAURENCE HAROLDEAN PO BOX 1013 KODIAK AK 99615 17 ANDERSON MARK ANDRIA 1124STELLERWAY KODIAK AK 99615 18 ARDINGER HARRY L B 2990 SPRUCE CAPE RD KODIAK AK 99615 19 ARIAS ETAL MARIA PO BOX 1788 KODIAK AK 99615 20 AUSTERMAN ALAN VIRGINIA 401 LIGHTFOOT AVE KODIAK AK 99615 21 BACH ETAL MICHAEL JAMES 727 W STEWART DR KANAB UT 84741 22 BAKER WAYNE A & KARA 225 MILL BAY ROAD KODIAK AK 99615 23 BALL DERRON L 417 VINYARD AVE BLACKBURG VA 24060 24 BALL WADE SHERRY PO BOX 3361 KODIAK AK 99615 25 BANE JANET 304 WILSO N ST KODIAK AK 99615 26 BARCELON DEMETRIA M RESTITUTO V 210 WILLOW CIR KODIAK AK 99615 27 BARTON MARIA 520 WILLOW ST KODIAK AK 99615 28 BAXTER LUCAS & AIMRA 120 W REZANOF DR KODIAK AK 99615 29 BELL DEWEY DONNA 419 ERSKINE AVE KODIAK AK 99615 30 BILIRAN PEDRO LEONOR PO BOX2612 KODIAK AK 99615 31 BISHOP ETAL TERESA C 402 MARINE WAY STE 300 KODIAK AK 99615 32 BLACK OVIS HOLDINGS LLC 214 W REZANOF DR KODIAK AK 99615 33 BLAKESLEE MARK PO BOX2356 KODIAK AK 99615 34 BLASCH KA RAE JEAN PO BOX649 KODIAK AK 99615 `D 35 BLONDIN ETAL RANDY PO BOX 159 KODIAK AK 99615 v W 36 BOADO JR OSCAR D & MARIA 513 CAROLYN ST KODIAK AK 99615 0 37 BOLIGHAJ TRUST PO BOX 2893 KODIAK AK 99615 pp 38 BOLLINGERCURTIS PO BOX2024 KODIAK AK 99615 39 BROWN ETAL DEAN 4254 CLIFFSIDE DR KODIAK AK 99615 40 BUGARIN ABELARDO 514 WILLOW ST KODIAK AK 99615 41 BURNSIDE ETAL STEPHEN 418 MILL BAY RD KODIAK AK 99615 42 CAGUIOA MICHELLE & KATHRYN 415 ERSKINE AVE KODIAK AK 99615 43 CARLSON PHYLLIS A 10518 FOX FARM TRAIL JUNEAU AK 99801 44 CASTRO ETAL REYNALDO B 513 HEMLOCK ST KODIAK AK 99615 45 CHANNEL SIDE SERVICES LLC PO BOX993 KODIAK AK 99615 46 CHERNOFFCHRISTIE 225ALDERLANE KODIAK AK 99615 47 CHERNOFF SKINNER ETALARLENE PO BOX2280 KODIAK AK 99615 48 CHIESAELIZABETH PO BOX879142 WASILLA AK 99687 49 CHRISTIAN SCIENCE SOCIETY 312 CAROLYN ST KODIAK AK 99615 50 CITY OF KODIAK PO BOX 1397 KODIAK AK 99615 51 COMMINS CATHERINE M 206ALDERLN KODIAK AK 99615 52 COMMUNITY BAPTIST CHURCH 216 MILL BAY RD KODIAK AK 99615 53 CORNELIUS ELIZABETH R PO BOX 1863 KODIAK AK 99615 54 CORREAOFELIA 515 THORSHEIM ST KODIAK AK 99615 55 COSTELLO FRANCIS R PO BOX 108 KODIAK AK 99615 56 COSTELLO WILLIAM M PO BOX 547 KODIAK AK 99615 57 CREDIT UNION 1 C/O ACCOUNTS PAYABLE 1941 ABBOTT RD ANCHORAGE AK 99507 58 CROSBY MICHAEL & DOBROTH KIRSTEN 311 ERSKINE AVE KODIAK AK 99615 59 CRUZ JOSE PAULINO PO BOX2533 KODIAK AK 99615 60 CRUZ REYES PEDRO & YESENIA GUADALUPE PO BOX 2976 KODIAK AK 99615 61 DAQUILANEA KATHRYN M PO BOX789 KODIAK AK 99615 62 DAVIDSON FAMILYTRUST C R PO BOX2097 KODIAK AK 99615 63 DEGIES ALLAN & CYNTHIA 5584 W 8TH ST ROAD ANDERSON IN 46011 64 DICK GLENN & VIRGINIA 11879 MIDDLE BAY DR KODIAK AK 99615 65 DIESTA ETAL EFREN D 410 CAROLYN ST KODIAK AK 99615 66 DOMINGUEZ MARCUS B PO BOX 8087 KODIAK AK 99615 67 DOOLEY SHERRON A 1519 SIMEONOF ST KODIAK AK 99615 68 DULCICH REALTY LLC 16797 SE 130TH AVE CLACKAMAS OR 97015 69 EATON KYLE&TERI PO BOX2609 KODIAK AK 99615 70 ED VENTURES INC 11900 CANGE ST ANCHORAGE AK 99516 71 ELKS LODGE #1772 PO BOX 846 KODIAK AK 99615 72 ENERGY PLUS HOMES INC PO BOX 1066 KODIAK AK 99615 73 EPISCOPAL DIOCESE OF ALASKA 1205 DENALI WAY FAIRBANKS AK 99701 74 ESTEP TOMMIE &TAMMY 314 HIGH ST KODIAK AK 99615 (D 75 ETRATA FERDIE MAR & VIRGINIA B PO BOX 2068 KODIAK AK 99615 v � 76 EWELL CHARLES 402 LIGHTFOOT AVE KODIAK AK 99615 77 FERRIS BRYAN KATRINA 3408 HARLEQUIN CT KODIAK AK 99615 W 78 FIRST NATIONAL BANK OF ALASKAACCOUNTING/REPORTING UNIT PO BOX 100720 ANCHORAGE AK 99510 52 79 FITZGERALD MICHAEL F PO BOX 3088 KODIAK AK 99615 80 FLETCHERJOHN 102CENTER AVE KODIAK AK 99615 81 FRAN KLI N MICAH T 1182SECR21B MELROSE FL 32666 82 FREEMAN DUANE NANCY 1720 SIMEONOFF ST KODIAK AK 99615 83 FROST NANCY R 315 MILL BAY RD KODIAK AK 99615 84 GALVEZ ETAL ABERLARDO 417 WILLOW ST KODIAK AK 99615 85 GILBERT GARY C/O KAREN HEDGES PO BOX 182571 COLUMBUS OH 43218 86 GLADE RACHEL 411 WILLOW ST KODIAK AK 99615 87 GREGORYJOYCE 215W HILLCRESTST KODIAK AK 99615 88 GUNTER KERRI 410 MILL BAY RD KODIAK AK 99615 89 HALL ETAL WILLIAM 415 UPPER MILL BAY ROAD KODIAK AK 99615 90 HANSEN JOHN 221 ALDER LANE KODIAK AK 99615 91 HARRINGTON BRENDAN M 614 MISSION RD KODIAK AK 99615 92 HARTMAN ETAL GEORGE 421 SARGENT DR KODIAK AK 99615 93 HAYMAKER MICHAEL PO BOX 2150 KODIAK AK 99615 94 HENRY'S GREAT ALASKAN REST 512 W MARINE WAY KODIAK AK 99615 95 HERMAN KJ PO BOX3350 KODIAK AK 99615 96 HILL CHARLES PATRICIA PO BOX 573 KODIAK AK 99615 97 HINERTODDCECILE PO BOX671 KODIAK AK 99615 98 HOGEN ADAM G HOGAN DOUGLAS L & GOODELL DEBORAH 3099 SPRUCE CAPE RD KODIAK AK 99615 99 HOLM BORGNY R & MARGARET 305 COPE STREET KODIAK AK 99615 100 HOOD GRAM NELSON & KJERA HILARY MARIE PO BOX 2161 KODIAK AK 99615 101 IBABAO GREGORIO T EDITHA M 511 WILLOW ST KODIAK AK 99615 102 ISLAND HOLDINGS LLC C/O KODIAK INN 236 W REZANOF DRIVE KODIAK AK 99615 103 J & D LAND MANAGEMENT LLC PO BOX 313 KODIAK AK 99615 104 J BLUE LLC PO BOX 2277 KODIAK AK 99615 105 JAMES LESLIE T & MARY A PO BOX 536 KODIAK AK 99615 106 JERLING ENTERPRISES LLC 1212 MADSEN AVE KODIAK AK 99615 107 JOHNSON CAROLE 519 CAROLYN ST KODIAK AK 99615 108 JONES BRANDON D PO BOX375 KODIAK AK 99615 109 JRS LLC 201 CENTER AVE KODIAK AK 99615 110 KALOUMENOU ANNA MARIA 1515 BARANOF ST KODIAK AK 99615 111 KEARNS KERRY PO BOX 8256 KODIAK AK 99615 112 KEY BANK N A ATTN: TAX SERVICES PO BOX 22055 ALBANY NY 12201-2055 113 KEYSE MATTHEW & MOLLY 223 MILL BAY RD KODIAK AK 99615 114 KIM STEVEN SUNG PO BOX 769 KODIAK AK 99615 (D 115 KLIER GREGORY & KLIER FAYRA PO BOX 3163 KODIAK AK 99615 v Ui 116 KODIAK AREA NATIVE ASSOCIATION INC 3449 REZANOF DR E KODIAK AK 99615 117 KODIAK CHAMBER OF COMMERCE 100 E MARINE WAY KODIAK AK 99615 W 118 KODIAK EXPRESS LLC 210 B SHELIKOF ST KODIAK AK 99615 52 119 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615 120 KODIAK ISLAND HOUSING AUTHORITY 3137 MILL BAY RD KODIAK AK 99615 121 KODIAK JACKS LLC 811 WILLOW CIR KODIAK AK 99615 122 KODIAK MARITIME MUSEUM &ART CENTER PO BOX 1876 KODIAK AK 99615 123 KODIAK OIL SALES INC PO BOX240108 ANCHORAGE AK 99524 124 KODIAK REAL EST & INVEST INC 202 CENTER AVE #101 KODIAK AK 99615 125 KODIAK WOMEN'S RESOURCE CENTER PO BOX 2122 KODIAK AK 99615 126 KRUG DUSTIN TRICIA PO BOX 1971 KODIAK AK 99615 127 KWACHKAALEXUS 326COPE ST KODIAK AK 99615 128 LACHOWSKY ROBERT 315 COPE ST KODIAK AK 99615 129 LAGURA FELIA L & CONSTANTE A 524 WILLOW ST KODIAK AK 99615 130 LARGE BRIAN & ATHENIA 6045 E 43RD AVE ANCHORAGE AK 99504 131 LAWRENCE JERRY W & DOREEN 7470 BLACKMAN RD KINGSLEY MI 49649-9669 132 LEDERER BLANKA 1219 MISSION ROAD KODIAK AK 99615 133 LEDOUX GABRIELLE 8859 CROSS POINTE LOOP ANCHORAGE AK 99504 134 LEE TONYA M 171 OTTER AVE KODIAK AK 99615 135 LIME CECIL 1 & NANCY B PO BOX 1762 KODIAK AK 99615 136 LINDBERG JOHN PO BOX KWP KODIAK AK 99697 137 LIWAG EVELYN PO BOX 8195 KODIAK AK 99615 138 LOPEZ NOE ROSA 518 CAROLYN ST KODIAK AK 99615 139 LOY WILLIAM LEONA C/O ISHMAEL VAUDRIN 216 BIRCH AVE KODIAK AK 99615 140 LUDTKE PAULJ 424 CAROLYN ST APT 1 KODIAK AK 99615-6573 141 LYNCH CHRISTINA & SCOTT 103 CENTER AVE STE B KODIAK AK 99615 142 MADSEN CHARLES LAURENE PO BOX9044 KODIAK AK 99615 143 MANN JACK EDWARD WELLES & MAN JOAN THOMAS PO BOX 245 KODIAK AK 99615 144 MARKHAM GERALD 211 MILL BAY RD KODIAK AK 99615 145 MARTIN ETAL LEONARD 518 THORSHEIM ST KODIAK AK 99615 146 MARTINEZ MOISES & PORTILLO MARIA 12739 HIGHMANOR DR HOUSTON TX 77038 147 MCCLAREN TERI 37895 STERLING HIGHWAY ANCHOR POINT AK 99556 148 MCDONALDS REAL ESTATE CO AM O'HARE CHICAGO IL 60666 149 MCFARLAND MOLLY L & LEATHERMAN NICHOLAS PO BOX 1204 KODIAK AK 99615 150 MCGRATH JASON & MOEDER MCGRATH SHANNA 403 LIGHTFOOT AVE KODIAK AK 99615 151 MCKEE HUNTER 512THORSHEIM ST KODIAK AK 99615 152 MEDINA RICARDO C MARITES S 521 LOWER MILL BAY RD KODIAK AK 99615 153 MIRANDA ETAL AGAPITO P & ELIZABETH 511 THORSHEIM STREET KODIAK AK 99615 154 MIRANDA ETAL MARIA CHRISTINA M & HERNANDEZ 1R ROGELIO L 514 CAROLYN ST KODIAK AK 99615 (D 155 MK ENTERPRISES LLC PO BOX 2338 KODIAK AK 99615 v 0) 156 MONGE SR JOSE LUIS & DE MONGE MARIA BERSABE MEJIA PO BOX 2683 KODIAK AK 99615 157 MONTEIRO LANAJANE PO BOX 1072 KODIAK AK 99615 W 158 MOODY HANS 510 CAROLYN ST KODIAK AK 99615 52 159 MORENO DAVID BEVERLY 414 MILL BAY RD KODIAK AK 99615 160 MSR RENTALS LLC 1335 MYLARK LN KODIAK AK 99615 161 NELSON ETAL RICKY 413 ERSKINE AVE KODIAK AK 99615 162 NEVIN MAGGIE E 412THORSHEIM ST KODIAK AK 99615 163 OLSEN DAVID SUSAN PO BOX 163 KODIAK AK 99615 164 OLSEN PETER PO BOX 554 KODIAK AK 99615 165 PAGUIO JEDDAH P & BALOLONG VALENZUELA MELIO 611 HEMLOCK ST KODIAK AK 99615 166 PETRO 49 PO BOX 389 SEWARD AK 99664 167 PM KODIAK PROPERTIES LLC 11330 S RUSSIAN CR RD KODIAK AK 99615 168 PRICE SEAN M 415 CEDAR ST KODIAK AK 99615 169 PSK REAL ESTATE LLC 16797 SE 130TH AVE CLACKAMAS OR 98107 170 RAGUDO ETAL MICHAELLA 515 CAROLYN STREET KODIAK AK 99615-6350 171 RAVICZ REVOCABLE INTER VIVOS TRUST 77890 MOUNTAIN VIEW AVE PALM DESERT CA 92211 172 RELLA MAE CORP 4128148TH AVE NE REDMOND WA 98052 173 RESOFF MICHAEL PO BOX 911 KODIAK AK 99615 174 REYNOLDS IAN G 30027 QUAIL ROAD CAMPO CA 91906-1452 175 RIETH GEORGE R PO BOX 2146 KODIAK AK 99615 176 RIPPEY BART & DEBRA 318 CAROLYN ST KODIAK AK 99615 177 ROBANCHO ESTELA P 1010 WILLOW STREET KODIAK AK 99615 178 ROBBINS ETAL LELAND PO BOX 1426 KODIAK AK 99615 179 ROEMHILDT DAVID & BOOTSLYN PO BOX 2034 CORDOVA AK 99574 180 ROY NESTOR GERTRUDE 417 MILL BAY RD #A KODIAK AK 99615 181 ROYAL SALUTE HOLDINGS LLC PO BOX 9005 KODIAK AK 99615 182 RUBINA RICHARD P MYRNA G 421 CAROLYN ST KODIAK AK 99615 183 RUSSIAN ORTHODOX CHURCH PO BOX210569 ANCHORAGE AK 99521 184 SABANGAN JAYSON C & MILBETH F 215 WILLOW STREET KODIAK AK 99615 185 SANTIAGO 1R LEO A PO BOX 2606 KODIAK AK 99615 186 SANTIAGO LOWELA C 216 E REZANOF DR KODIAK AK 99615 187 SARGENT WAYNE L PO BOX 8928 KODIAK AK 99615 188 SAUNDERS ELKE M 2906 N 20TH ST TACOMA WA 98406 189 SAUPE GRETCHEN L 1205 SANDSTONE WAY BELLINGHAM WA 98229 190 SCHMEIL MELISSA PO BOX 164 KODIAK AK 99615 191 SEEL CACHE & PIPER KIM 90 BRACKETT ST APT 3 PORTLAND ME 04102-4045 192 SENIOR CITIZENS OF KODIAK 302 ERSKINE AVE KODIAK AK 99615 193 SEVILLA JERRYA & SEVILLA LADY SHAYNNE R 415 WILLOW STREET KODIAK AK 99615 194 SHOEMAKER KATE A PO BOX 1523 KODIAK AK 99615 (D 195 SHOLL RTRUST LOUIS ETAL PO BOX681 KODIAK AK 99615 v 4 196 SHOONAQ TRIBE OF KODIAK 312 W MARINE WAY KODIAK AK 99615 197 SILVER BAY SEAFOODS KODIAK LLC ATTN KATIE PETERSON GENERAL COUNSEL 208 LAKE ST SUITE 2E SITKA AK 99835 W 198 SMDTRUST PO BOX714 KODIAK AK 99615 52 199 SOROKOVSKY MYLES 220 MILL BAY RD KODIAK AK 99615 200 SPALINGER GREGORY C & DARSHAJ PO BOX2635 KODIAK AK 99615 201 SPENARD BUILDERS SUPPLY C/O RYAN LLC PO BOX 460069 HOUSTON TX 77056 202 ST HERMANSTHEOLOGICAL SEMINARY 414 MISSION RD KODIAK AK 99615 203 STALLARD WAYNE B PO BOX2400 KODIAK AK 99615 204 STATE OFALASKA DOTPF PO BOX 11250 JUNEAU AK 99811-2500 205 STEVENS GARY RITA PO BOX 201 KODIAK AK 99615 206 STEWART ETAL RUSTY 3266 SHARATIN RD APT KODIAK AK 99615 207 STRAUT BUILDING LLC THE PO BOX 1365 KODIAK AK 99615 208 SUGAWARA KEIKO & TEI PO BOX 683 KODIAK AK 99615 209 SUNSET DEVELOPMENT CO C/O BRECHAN ENTERPRISES PO BOX 1275 KODIAK AK 99615 210 SWEENEYTHOMAS MICHAEL & CYNTHIA R PO BOX8891 KODIAK AK 99615 211 TANGIBLE INVESTMENTS LLC 11188 KALSIN DR KODIAK AK 99615 212 TOOHEY DAYNA R 16411 NOBLE POINT DR ANCHORAGE AK 99516 213 TOWNSEND MARYJANE 311 MILL BAY RD KODIAK AK 99615 214 TURNER JAMES N & LINETTE K PO BOX 1673 KODIAK AK 99615 215 U S BUREAU OF LAND MGT 222 WEST 7TH AVE #13 ANCHORAGE AK 99513 216 UNITED STATES OF AM ERICA USFW/DIVISION OF REALTY 1011 E. TUDOR RD ANCHORAGE AK 99503 217 UNITED STATES POSTAL SERVICE 419 LOWER MILL BAY RD KODIAK AK 99615 218 US FISH & WILDLIFE SVC DIVISION OF REALTY 1011 E TUDOR RD ANCHORAGE AK 99503-6199 219 VALDEZ RONALDO GINALYN 423 WILLOW CIRCLE KODIAK AK 99615 220 VANEK VICKI PO BOX 1163 KODIAK AK 99615 221 VILLAFANA ERICKAI 3340 E SAINT FRANCIS PL LONG BEACH CA 90805 222 VILLASENOR FREDAJULIUS 516 CAROLYN ST KODIAK AK 99615 223 WARD ETAL ROBERTA 756 SON NE DRIVE ANNAPOLIS MD 21401 224 WATKINS ETAL BRENT 307 CHILDS DR KODIAK AK 99615 225 WATSON SR GARY & GERALDINE PO BOX 3077 KODIAK AK 99615 226 WELLS FARGO C/O RYAN LLC PO BOX 2609 CARLSBAD CA 92108 227 WELSH PEARL MAE PO BOX 8351 KODIAK AK 99615 228 WHITESIDE ROBERT C PO BOX2694 KODIAK AK 99615 229 WIERSUM JOEL DARLENE PO BOX 1676 KODIAK AK 99615 230 WILEY ETAL WES S PO BOX 446 KODIAK AK 99615 231 WILLIAMS III ETAL DEWAYNE 415 CAROLYN ST KODIAK AK 99615 232 WILLIAMS ROBERT & DORIANNE 665 SAN RODOLFO DR STE 124 SOLANA BEACH CA 92075 233 WILSON TYLER J 311 HIGH STREET KODIAK AK 99615 234 WITTE CARMEN LOUISE PO BOX 3118 KODIAK AK 99615 (D 235 YATSIK PAUL 110 YUKON ST KODIAK AK 99615 v 00 236 ZIMMER ETAL PAUL UNIT 5070 BOX 0048 DPOAE 9728 0 237 ZIMMERMAN ETAL BARBARA PO BOX 1157 KODIAK AK 99615 AGENDA ITEM #10.B. Kodiak Island Borough Office of the Borough Mayor 710 Mill Bay Road Kodiak, Alaska 99615 Phone: (907) 486-9310 Email: clerks@kodiakak.us March 7, 2025 Alcoholic Beverage Control Board C/O Alcohol and Marijuana Control Office 550 West 7th Avenue, Suite 1600 Anchorage, Alaska 99501 Re: Protest of Transfer of Ownership and Location 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 transfer of ownership and location of Restaurant Eating Place License (REPL) #3293, from Sook C. Yun d/b/a Second Floor Restaurant, 116 Rezanof Drive, to Nuniaq Cafe and Deli, 113 Lower Mill Bay Road. The KIB Assembly, pursuant to AS O4.11.480 and 3 AAC 305.085(a), formally protests the transfer of location and transfer of ownership of REPL #3293. The basis for this protest was communicated to the licensee by letter dated (TBI February 21, 2025), and an opportunity for an informal hearing on the protest was held on (TBS March 6, 2025). AS O4.11.480 and 3 AAC 305.085 permit local governments to protest the transfer of ownership and transfer of location 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 transfer of ownership and location of License #3293 on the grounds outlined below, which both address specific facts that make the application objectionable and reflect general public policy considerations: A. License #3293 should be terminated and not transferred. The application for transfer of ownership and location is one of three license actions pending on this license. The license has not operated for several years, and the City of Kodiak and the Kodiak Island Borough have both communicated objections to the renewal of the license and the KIB protested the continued operation for the second year of a two-year license period. The objections to renewal provided by the City of Kodiak and the Kodiak Island Borough are both properly under consideration by the ABC Board. The Borough maintains that the denial of renewal should be addressed first, and the license not renewed, resulting in no license available to be transferred. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 79 of 184 AGENDA ITEM #1O.B. Letter to the ABC Board re: REPL #3293 Page 2 of 4 March 7, 2025 1) Consideration of transfer should be evaluated independent of reinstatement of License #3923. The license must be issued for 2024 before it may be transferred. Where the license expired at 12:00 Midnight on February 28, 2024, (AS O4.11.540.), there is no license to transfer unless the Board issues a new license under 3 AAC 305.040-045 or approves reinstatement under 3 AAC 305.055. The request for transfer should bear no weight in evaluating reinstatement of License #3923 because the reinstatement criteria does not include consideration of potential transfer, and the reinstatement must stand or fall on its own merits. 2) There is no good cause for reinstatement. As discussed in the City of Kodiak's January 30, 2025, letter, License # 3293 has not been operated for over ten years, and the business license expired more than four years ago. License #3923 expired at the end of February 2024, but the applicant is seeking to reinstate it, which frustrates the process contemplated for award of a license to a new licensee when a license is not renewed and expires. The applicant did not provide good cause for their failure to file for renewal prior to February 28, 2024, and to pay the required fees in a timely manner. A new license cannot be issued to the holder of expired license #3923 for 2024 in the absence of a finding of good cause for their failure under AS O4.11.540 and 3 AAC 305.055(a)(4). Here there is no good cause identified in the application nor evidence of circumstances which could justify the delinquent application. The license must be denied consistent with 3 AAC 305.055(b)(2)(D) due to the unexcused failure of the operator to operate the business. The applicant has no vested right in grant or continuance of operation. There is no discretion to reinstate the license if the required showing is not made. 3) The reinstatement would require improper waivers of operation. This license should have been revoked or expired years ago but was improperly extended and waivers of operation were allowed longer than permitted by AAS O4.11.330(3) and 3 AAC 305.120. The licensee neither operated nor submitted waiver application prior to 2020. For years subsequent to 2020 the applicant still failed to operate, and the reinstatement relies on the approval after the fact of waivers for multiple years. For the current "renewal" application (reinstatement application) the applicant relies upon waivers being granted for 2022 and 2023 to renew for 2024, and an additional wavier for 2024 to allow the license to remain and be eligible for transfer. The waivers sought for 2022 and 2023 were not timely sought and do not meet the criteria in AS 04.11.330(a)(3). There is no valid evidentiary basis for the Board to find that the failure to operate here qualifies for a waiver under the applicable criteria. Further, the Board cannot approve the waiver for the failure to operate in 2024 because the location is not viable or compliant for use for reasons other than destruction of the premises. The City of Kodiak advises that the owner of the premises confirmed that the applicant has not had a lease on the premises for several years. Without rights to the premises there can be no third waiver. See 3 AAC 305.120(f) requiring the premises be under the applicant's control. The waiver denial requires denial of the reinstatement. Approval of the waivers would be arbitrary and capricious and not supported by the record. 4) The applicant cannot show a right to the premises. The issuance of the 2024 license, which is required prior to any transfer, requires the applicant to show their right to the premises. Any new license or renewal requires disclosure of any change to proof of possession. See 3 AAC 305.050(c)(5) and see 3 AAC 305.045(c)(5). A reissuance Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 80 of 184 AGENDA ITEM #1O.B. Letter to the ABC Board re: REPL #3293 Page 3 of 4 March 7, 2025 of a new license under AS O4.11.540 also requires a viable premises. With no viable premises, the Board cannot re -issue the expired license. 5) The applicant does not operate a bone fide restaurant. The applicant for renewal does not operate a Bonafide restaurant as defined by AS 04.21.080(b)(21). The license cannot be renewed without a finding of a bona fide restaurant, and that finding cannot be made on the facts here. The license must be rejected and a new license opportunity made available under 3 AAC 305.040. B. This license should be terminated rather than transferred: Allowing a transfer as an alternative to non -renewal would be inappropriate where, as here, the licensee has not operated for years. The Kodiak Island Borough incorporates the City of Kodiak objections to the transfer of ownership and transfer of location articulated in the City of Kodiak letter dated January 30, 2025, as part of the basis for this objection. Even if the license were re -instated, it should not be transferred to the applicant for transfer but should be a new license open to applications. 1. The renewal or reinstatement potential is not a vested property right. An applicant has no vested right in grant or continuance of operation. AS O4.11.660. The Borough population only authorizes four REPL licenses. Having this license inactive and improperly extended hampers the Borough's economic development objectives. The Borough and its residents are best served by REPL licenses being held by full time year-round full -service restaurants serving both lunch and dinner on a regular basis. The regular operation also contributes to local tax revenues. The transferee applicant here is not this sort of establishment. The long-term failure to operate hampers Kodiak's otherwise vibrant hospitality industry. 2. Public policy supports denying a transfer to this applicant. a) Lack of building permit closeout: The premises designated as the transfer location and used for the transferee business has not received final inspection approval for their current configuration, which raises concerns about compliance with local building codes. The Borough Building Inspector advises that the premises were subject of a 2022 building permit to remodeled and move the entrance, and that the new entrance fails to comply with accessibility requirements. The applicable IBC provisions require a final inspection to close out the building permit. This has not yet occurred. b) Lack of rights to premises. The application for transfer does not provide a copy of the lease of the premises as required to comply with 3 AAC 305.070(C)(1). The Borough understands that the premises is owned by the Transferor, and without an arms -length transaction securing rights to the premises cannot be assured that the transfer is not a ruse to keep the license under the control of a licensee who has failed to operate properly. c) Business personal property returns: The Borough finds that public policy is best served by issuance of liquor licenses only to entities which demonstrate a high level of responsibility and compliance with regulatory requirements. Public policy is not well served by permitting entities which have demonstrated lack of attention to regulatory requirements to undertake responsibility for liquor sales. In addition to the failure to close out the building Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 81 of 184 AGENDA ITEM #10.B. Letter to the ABC Board re: REPL #3293 Page 4 of 4 March 7, 2025 permit, the proposed transferee business entity has demonstrated a poor record of compliance with regulatory requirements. The proposed transferee entity has repeatedly failed to file business personal property returns as required by KIBC 3.40.030 for each of the past three years and has filed a return for the current year and brought any arrearages current only after having been notified of the potential for protest due to delinquent filing. Even with the current filing, some property was omitted. The history of this business entity's lack of compliance is a concern going forward if the entity is permitted to take on the responsibility of complying with additional regulatory requirements. d) Other public policy concerns: The Kodiak Island Borough notes that here are very limited REPL licenses available within the Borough boundaries. The public policy supports allowing those limited licenses to be utilized for full - service restaurant operations which include regular dinner operations. Kodiak currently has only four available REPL licenses. Other businesses in Kodiak are eager to obtain REPL licenses to support their operations. The KIB is committed to fostering economic growth and strongly advocates for the denial of this transfer and revocation of this license to allow other businesses who offer full -service lunch and dinner menus the opportunity to utilize an active REPL license. Given the points outlined above, the KIB Assembly respectfully requests that the ABC Board deny the reinstatement of Restaurant Eating Place License #3293 held by Sook C Yun d/b/a Second Floor Restaurant and deny the transfer of location and ownership of Restaurant Eating Place License #3293. Thank you for your consideration of this matter. This letter serves as a formal record of our intent to protest the renewal. Sincerely, KODIAK ISLAND BOROUGH Scott Arndt, Mayor Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 82 of 184 AGENDA ITEM #10.B. Office of the Mayor and City Council 710 Mill Bay Road, Room 111, Kodiak, Alaska 99615 G) January 30, 2025 Hon. Dana Walukiewicz Alcoholic Beverage Control Board 550 West 7th Avenue, Suite 1600 Anchorage, Alaska 99501 Re: REPL # 3293 Renewal Protest Dear Board Chair Walukiewicz: The City Council of the City of Kodiak protests the untimely renewal of REPL # 3293. This protest is submitted pursuant to 3 AAC 305.085 and KCC 5.12.030. A draft of this letter was sent to the applicant on January 24, 2025 with notice that the council would hear the matter at its January 30, 2025 meeting and that the applicant would be heard as to the matter. REPL # 3293 BACKGROUND Second Floor Restaurant's sales tax reports show that License No. 3293 has not been in consistent, active use for over ten years.' State of Alaska Business License # 1045076 for Second Floor Restaurant was issued on 11/19/2016 and expired on 12/31/2020. State of Alaska Business License # 2139779 for Second Floor Restaurant was issued on 9/17/2021 and expired on 12/31/2022. No subsequent business license has been issued for Second Floor Restaurant. The application for renewal of REPL # 3293 for 2022 & 2023 was on the board's agenda for its April 12, 2022 meeting and was apparently approved as part of the delegated consent agenda. However, City records indicate that the license was not actively exercised for at least 240 hours during each of the two calendar years preceding that renewal application. Moreover, operation of the Second Floor Restaurant between January 1, 2021 and September 16, 2021 would have been unlawful.2 The City is unable to determine whether the applicant disclosed the lack of active use of REPL # 3293 when applying for renewal for 2022 & 2023. As the matter of the renewal was resolved by the board's delegated consent agenda, the City is unable to determine if the board found that failure to actively exercise REPL # 3293 in 2020 and 2021 was excused on the basis that the licensed premises were under construction or could not be operated through no fault of the applicant.' The ' Kodiak City Code 3.08.220 limits the City's ability to disclose sales tax information. While disclosure is likely authorized on the basis that this protest is a proceeding of the city involving taxes due under the sales tax chapter, the City, out of caution, is presently withholding disclosure of Second Floor Restaurant's sales tax returns. The City will promptly provide copies to the board if the business owner consents. The City notes that the board could require the applicant to provide the board with copies of its City of Kodiak sales tax returns pursuant to 3 AAC 305.120. Z See AS 42.70.020. 'See AS 04.11.330(a)(3). Telephone (907) 486-8636 / Fax (907) 486-8633 mayor@city.kodiak.ak.us Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 83 of 184 AGENDA ITEM #1O.B. Hon. Dana Walukiewicz January 30, 2025 Page 2 of 14 City can only assume that operation waivers for 2020 and 2021 were granted as a result of the pandemic. However, available information indicates that REPL # 3293 could not have been actively exercised for 240 hours in the preceding years required for the license to have been renewed in 2016, 2018, and 2020. The 2020 renewal of REPL # 3293 was on the delegated consent agenda at the board's March 31, 2020 meeting. The meeting records do not indicate that the applicant sought operational waivers for 2018 or 2019, whereas the board's agenda shows that it considered waivers of minimum operating requirements for other applicants. The 2018 renewal of REPL # 3293 was on the delegated consent agenda at the board's April 3, 2018 meeting. The meeting records do not indicate that the applicant sought operational waivers for 2016 or 2017, whereas the board's agenda shows that it considered waivers of minimum operating requirements for other applicants. Finally, the City was unable to determine if the applicant sought waivers of minimum operating requirements for 2015 when it presumably applied for renewal of REPL # 3293 in 2016. Assuming the information available to the City regarding active exercise of REPL # 3293 is more or less accurate, the board would have had to have found that failure to actively exercise the license for each of the years preceding the 2016, 2018, and 2022 renewals was for reasons beyond the applicant's control. Based on review of the board's meeting documents, it is doubtful that the board made such findings. Moreover, it is doubtful that the board could have made such findings because the board would have to have found that factors beyond the applicant's control excused more than seven years of failing to actively exercise the license. What circumstances beyond a licensee's control that would prevent active exercise of a license for most of a decade? A licensee has the burden of proving that the license was actively exercised.' Information available to the City indicates that REPL # 3293 has not been actively exercised as required by AS 04.11.330(a)(3) for over a decade. If the applicant represented that the license had been actively exercised as required by AS O4.11.330(a)(3) when seeking renewal in 2016, 2018, 2020, and 2022, those representations are at odds with representations the applicant made to the City. The applicant admits that the license was not exercised in 2022 and 2023. It is clear that it was not exercised in 2024, prior to or following the license's expiration on February 28, 2024. And it is also clear that the applicant would not actively exercise the license for most, if any, of 2025 were REPL # 3293 reissued and renewed. LEGAL PRINCIPLES Kodiak City Code 5.12.030. License Application Review. ° 3 AAC 305.120(I). Telephone (907) 486-8636 / Fax (907) 486-8633 rnayor@city.kodiak.ak.us Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 84 of 184 AGENDA ITEM #10.B. Hon. Dana Walukiewicz January 30, 2025 Page 3 of 14 (c) After receiving the administration report and public comment, the council, by motion, may take one of the following actions on the matter of the application: (3) Protest. Upon determining the existence of one or more of the grounds contained in subsection (d) of this section, the council may direct the clerk to cause a protest to be filed with the Alcohol Beverage Control Board. (d) Any application for an alcoholic beverage license may be protested for one or more of the following reasons: (8) Any factor identified by state statute or regulation as an appropriate grounds for protest; (9) Any other factor the council determines is generally relevant or is relevant to the particular application. 3 AAC 305.085. Local governing body protest. (a) A local governing body may protest an application filed under this chapter. The protest must be in writing, filed with the board, and copied to the applicant, and must include the governing body's reason for the protest. The reasons stated by a local governing body must be logical grounds for opposing the application or continued operation of the license and have a reasonable basis in fact. (e) A local governing body protest may be based upon facts that render the particular application objectionable to the local body or may be based upon a general public policy. If based on a general public policy, the policy must have a reasonable basis in fact, may not be contrary to law, and may not be patently inapplicable to the particular application being protested. The board will not substitute the board's judgment for that of the local governing body on a matter of public policy that has reasonable factual support. "The board will deny an application if ... if the board concludes a protest of a local governing body is not arbitrary, capricious, or unreasonable."' GROUNDS FOR PROTEST The city council protests the application for renewal of REPL # 3293 pursuant to 5.12.030(d)(8) and (9) as explained in more detail below. In summary, renewing this expired license is not in the best interest of the public owing to the former license holder's persistent failure to 5 3 AAC 305.110(f). Telephone (907) 486-8636 / Fax (907) 486-8633 mayor@city.kodiak.ak.us Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 85 of 184 AGENDA ITEM #1O.B. Hon. Dana Walukiewicz January 30, 2025 Page 4 of 14 operate the license in accordance with applicable statutes and regulations and general failure to meaningfully operate under REPL # 3293 for many years. Under Alaska Statute 04.11.540, REPL # 3293 expired on February 28, 2024. On or about March 16, 2024, one of the four REPLs authorized for issuance for a premises within the City of Kodiak became available to all interested applicants. The board's regulations do not require repeated renewal, much less reissuance, of unused licenses. Nor do the regulations allow a former license holder to squat on an unused, expired license in lieu of making the limited number of REPL licenses freely and fairly available to any qualified applicant. The City of Kodiak has previously requested that the board authorized additional REPLs for the City of Kodiak. As long as City of Kodiak REPLs are limited to four, the board should not grant the holders of expired licenses a property right in obtaining a license that is not required by the laws that govern such licenses. The City of Kodiak supports making the fourth REPL publicly available to all qualified applicants in accordance with 3 AAC 305.040. A. Untimely renewal of REPL # 3293 is not in the public interest. Second Floor Restaurant did not exercise REPL # 3293 at all in the preceding three years and has not actively exercised the license in a decade. Renewing a license that has not been actively exercised in years and that lacks premises from which to operate the license if renewal is not in the public interest. 1. Renewing a license that does not meaningfully contribute to the City's tax base is bad public policy. Active exercise of REPLs within the City of Kodiak contributes significantly sales tax revenue to the City and is an important part of Kodiak's tourism and hospitality industry. Each year, sales taxes account for 55-70% of the City's general fund revenue. Of the four REPLs authorized for the City of Kodiak, two were held by the instant applicant and have not been actively exercised in the past several years. Based on the preceding two years, an actively exercised REPL within the City results in an average of $85,791.52 in sales tax revenue per license, per year. As the renewal application indicates, REPL # 3293 was not exercised in 2022, 2023, or 2024. Based on the applicant's admitted non-use of the REPL # 3293 in 2022 and 2023 and the business's lack of a mandatory State of Alaska business license since January 1, 2023, the board should reasonably infer that Second Floor Restaurant's sales tax remittances during for 2022, 2023, and 2024 are essentially consistent with the evidence indicating that the business has not actively operated for the past three years. If REPL # 3293 had been actively exercised in 2022, 2023, and 2024 with sales equal to the average Kodiak REPL that is actively exercised, the City would have collected $257,374.56 in sales tax revenue from the licensee during this period. Telephone (907) 486-8636 / Fax (907) 486-8633 mayor@city.kodiak.ak.us Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 86 of 184 AGENDA ITEM #1O.B. Hon. Dana Walukiewicz January 30, 2025 Page 5 of 14 The application and accompanying waivers show that the applicant lacks the capacity, and seemingly the intent, to operate REPL # 3293 in the foreseeable future. The City of Kodiak has lost significant sale tax revenue as a result of the applicant's persistent failure to actively exercise # 3293. Enough is enough. Reissuing and renewing the expired REPL # 3293 so that the applicant can continue to not operate the Second Floor Restaurant (which lacks premises to license) and continue to not contribute to the City's tax base defeats sound public policy. 2. Kodiak deserves an active and bustling hospitality industry. Tourism is a significant component of the local economy and culture. Visitors and residents alike enjoy dining out in Kodiak. The City need not explain to the board the role that beer and wine plays in the restaurant industry. At present, one-half of the REPLs authorized for the City of Kodiak are not actively exercised. REPL # 3293 has been substantially unused for a decade, denying Kodiak's residents and visitors enjoyment of 25% of the REPLs that may be issued within the City. Numerous Kodiak entrepreneurs desire to actively operate a REPL business within the City. The applicant has not used the license for this intended purpose and is not poised to do so. The four REPLs that may be issued for premises within the City of Kodiak need to be used for their intended purpose. That purpose is active use that enables an active, regulated hospitality industry. The purpose of licenses issued pursuant to Alaska Statute Title 4 is expressly not to establish a property interest in the license that can be held without use until the holder finds a suitable buyer to cash out the property interest.' Rather, a license is privilege that can be maintained so long as the licensee exercises the privilege in accordance with the title and applicable regulations. Neither the residents and visitors to the City of Kodiak nor its eager entrepreneurs benefit from one-half of the allowable REPLs going unused. The city council has determined that the public interest and public policy are furthered by an active, lively hospitality industry, which is being stymied by unsatisfied demand for restaurants that serve beer and wine. Reinstating and renewing a license that will continue to be unused by the applicant defeats the public interest. Local entrepreneurs must be given a fair opportunity to maximize the use of the limited number of REPLs. B. An REPL may not be reissued or renewed without a code compliant licensed premises. For City of Kodiak water and sewer utilities, vacant properties pay one half the rate that is applicable if the property is occupied.' Service to 116 E. Rezanof Drive has been charged at the lower vacant rate. The owner of that real property confirmed that Second Floor Restaurant has not e AS O4.11.660; see also AS O4.11.690(a). ' See City of Kodiak, Schedule of Fees, Charges and Tariffs, (July 1, 2024), at 14.4.1.26 and 14.5.3.25. Telephone (907) 486-8636 / Fax (907) 486-8633 mayor@city.kodiak.ak.us Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 87 of 184 AGENDA ITEM #1O.B. Hon. Dana Walukiewicz January 30, 2025 Page 6 of 14 held a lease for any portion of it for several years. It is the City's understanding that applicant does not dispute that she does not use, control, or operate premises at 116 E. Rezanof.1 According to statute, "'licensed premises' means any or all designated portions of a building or structure, rooms or enclosures in the building or structure, or real estate leased, used, controlled, or operated by a licensee in the conduct of business for which the licensee is licensed by the board at the specific address for which the license or an endorsement to the license is issued[.]"9 For a new license, the applicant must provide "documentation that shows the applicant's right or title to, or interest in, the land and buildings at the location of the business to be licensed[.]"10 A renewal application must identify "any change to proof of possession in the preceding two calendar years"11 and contain "an annotated illustration of the premises designating the areas for storage, service, and consumption of alcoholic beverages.12 It appears that the renewal application fails to satisfy these requirements for a renewal application. 1. The board cannot grant the application because there is no licensed premises that is a bona fide restaurant. Alaska Statute 04.09.120(c) provides that the "board may issue or renew a license under this section only if the (1) board determines that (A) the licensed premises is a bona fide restaurant as defined in AS O4.21.080(b)[.]"13 Because a determination that the licensed premises is a bona fide restaurant necessarily requires a licensed premises, the board cannot issue or renew an REPL without a licensed premises. To renew R/E No. 3293, the board would be required to determine that the licensed premises is a bona fide restaurant. Such a determination is not possible. Thus, the application must be denied. 2. The board should not issue a license absent a code -compliant premises. KCC 5.12.030 authorizes the council to protest when the business operated under the license is in violation of any fire, health, or safety code.14 When adopting this ordinance, the council assumed the board would not issue or renew an REPL when the applicant has no premises from which to operate the license. The assumption was reasonable because the regulations prohibit the board from doing so. s See also 3 AAC 305.050(c)(5) (requiring that a renewal application contain "any change to proof of possession in the preceding two calendar years"). 9 AS O4.21.080(b)(22). 10 3 AAC 305.045(c)(5). 113 AAC 305.050(c)(5). 1z AS O4.11.270(a)(1); AS 11.260(a)(3). 13 AS O4.09.120(c) (emphasis added). 14 KCC 5.12.020(d)6). Telephone (907) 486-8636 / Fax (907) 486-8633 rnayor@city.kodiak.ak.us Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 88 of 184 AGENDA ITEM #10.B. Hon. Dana Walukiewicz January 30, 2025 Page 7 of 14 A "license is issued for a specific place which is the licensed premises, and which must be clearly designated in a line drawing accompanying an application."15 Statute requires that the "licensee shall surrender a current license to the board not later than 10 days after the loss or vacation of the licensed premises."16 The City is unaware of any statute or regulation that authorizes the board to issue a REPL without a specific place which is the licensed premises. Even if the board could issue or renew an REPL without licensed premises, it would be unreasonable to do so. Fire, building, and other life safety inspections are important components of government regulation. The City of Kodiak cannot inspect non-existent premises to ensure that they are reasonably free from hazards. The City acknowledges that the public cannot be harmed by non- existent premises, but granting a license, which requires local regulations in terms of health, public safety, and taxation, but which is based on a non-existent physical location is not in the public interest. The City of Kodiak objects to the board issuing any license that requires physical premises for the license's operation when the applicant has not shown that the license will be operated from code -compliant premises. C. REPL # 3293 expired without a timely renewal application. An application to renew REPL # 3293 for 2024 and 2025 is presently before the board, several months into 2025. As explained below, this license expired on February 28, 2024.17 It cannot be renewed. Only a new license may be issued to the applicant for 116 Rezanof Drive premises,l$ and all qualified persons are equally entitled to apply for any new REPL.19 1. A timely renewal application was not submitted, REPL # 3293 has expired. Applicable statute and regulations are unambiguous that a complete renewal application must be submitted by the deadline.20 Assuming the present application for renewal of REPL # 3293 15 3 AAC 305.630(a). 16 AS O4.11.580(b) (emphasis added). 17 AS O4.11.540 ("If a complete application for renewal has not been filed by February 28 or the required fees and the penalty fees have not been paid by that date, the license, endorsement, or conditional contractor's permit expires at 12:00 midnight February 28."). 18 See AS O4.11.540 ("A new license may not be issued to the holder of an expired license for the same premises except on proof satisfactory to the board of good cause for the failure to file and pay."). "See 3 AAC 305.040; see also Alaska Const. Art. I. § 1 ("all persons are equal and entitled to equal rights, opportunities, and protection under the law"). 20 AS O4.11.540 ("If a complete application for renewal has not been filed by February 28 or the required fees and the penalty fees have not been paid by that date, the license, endorsement, or conditional contractor's permit expires at 12:00 midnight February 28."); 3 AAC 305.050 (a) ("an applicant for renewal of an alcoholic beverage license ... must file a completed application ... A complete application must be on a form prescribed by the board and include the information and documentation set out in this section, the application fee, and fees for renewal of licenses and endorsements as set out under 3 AAC 305.145."). Telephone (907) 486-8636 / Fax (907) 486-8633 mayor@city.kodiak.ak.us Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 89 of 184 AGENDA ITEM #10.B. Hon. Dana Walukiewicz January 30, 2025 Page 8 of 14 is a complete application, it was submitted no earlier than December 29, 2024. The notice given pursuant to AS O4.11.520 confirms that the renewal application was deemed complete on or about December 30, 2024. This is nearly a year after the deadline for submission of a completed renewal application. Because a complete renewal application was not submitted, and the required fees and penalty fees were not paid, by February 28, 2024, the license expired at 12:00 midnight February 28, 2024.21 2. The applicant may not be issued a new license and REPL # 3293 cannot be reinstated. a. The applicant cannot be issued a new license. Alaska Statute 04.11.540 states: "A new license may not be issued to the holder of an expired license for the same premises except on proof satisfactory to the board of good cause for the failure to file and pay." First, the City of Kodiak has not been given notice of an application for a new REPL in Kodiak,22 and it is unaware of any publishing of the notice that would be required for a new license.21 Until a complete application for a new license has been submitted, and the City (and Kodiak Island Borough) are given notice of the application and an opportunity to protest, no new license may issue. Second, if an application for a new REPL had been submitted for 116 Rezanof Drive premises, the applicant would need to demonstrate good cause for failure to file a timely renewal application.24 The City is unaware of good cause that would excuse the applicant's failure to file a timely file a complete renewal application. b. License No. 3293 cannot be reinstated. The board's regulations allow it to consider "a written request to reinstate the license" that expired because the applicant failed to submit a complete renewal application by February 28 of the applicable year."21 Even if the holder of the expired license satisfies the mandatory requirements for reinstatement, reinstatement, when otherwise allowed, is discretionary, not mandatory. However, the "board will deny a request for reinstatement of a license submitted under (a) of [3 AAC 305.0551 if:" 21 AS O4.11.540. 22 See AS O4.11.520. 23 See 3 AAC 305.075(a)(2). 24 AS O4.11.540 ("A new license may not be issued to the holder of an expired license for the same premises except on proof satisfactory to the board of good cause for the failure to file and pay."). 25 3 AAC 305.055. Telephone (907) 486-8636 / Fax (907) 486-8633 rnayor@city.kodiak.ak.us Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 90 of 184 AGENDA ITEM #10.B. Hon. Dana Walukiewicz January 30, 2025 Page 9 of 14 (1) the license became available in accordance with 3 AAC 305.040 and the license was issued to a different applicant, unless the limit of licenses under AS O4.11.400 has not been reached; or (2) the board finds that the applicant's failure to timely file or pay was caused by (D) any other action of the applicant, whether active or tacit, that the board finds constitutes a failure to lawfully operate the business for which the license was issued.26 If a written request to reinstate REPL No. 3293 has been given to the board, the City is unaware of it. And if such request has been made, the board appears to be prohibited from granting the request. First, and explained in more detail below, the City submits that Alaska's constitution, Title 4, and the administrative regulations require that all persons be given a fair opportunity to apply for the license under the present circumstances, which has not occurred. Second, 3 AAC 305.055(b)(2)(D) precludes discretionary renewal when the applicant's failure to timely renew the license results from the applicant's failure to lawfully operate the business for which the license was issued. That certainly seems to be what has occurred here. The Second Floor Restaurant was not lawfully operated between January 1, 2023 and the present date.27 No other finding is possible.28 The applicant's waiver requests demonstrate that the license was not lawfully exercised in 2022 and 2023. In addition, available information shows that the business lacks premises from which the license could be lawfully operated. If the applicant failed to surrender REPL # 3293 as required by AS O4.11.580(b), it is further evidence that the applicant has failed to lawfully operate the business. Taken as a whole, the record creates a strong inference that the applicant failed to timely file a complete renewal application because the applicant had failed to lawfully operate the business for many years. Simply put, the applicant abandoned lawful operation of the business and for the same reason failed to timely submit a complete renewal application. It appears that the applicant completed the renewal application nearly a year after the deadline for the sole purpose of selling the license.29 " 3 AAC 305.055. 27 See AS 42.70.020. 211 See State of Alaska Business License # 2139779. 29 On January 8, 2025, the City receive notice of an application to transfer REPL #3293 to Nuniaq, LLC. Nuniaq Cafe & Deli opened relatively recently and has been an excellent addition to the dining options in downtown Kodiak. The business has sales tax delinquencies, but it has been working with the city to cure those and would likely be a good candidate for an REPL when those issues are resolved. While the City will ultimately be please to see more of the issued but unused Kodiak REPLs put into active use by restaurants such as Nuniaq Cafe & Deli, it would be improper for the board to issue a Telephone (907) 486-8636 / Fax (907) 486-8633 mayor@city.kodiak.ak.us Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 91 of 184 AGENDA ITEM #10.B. Hon. Dana Walukiewicz January 30, 2025 Page 10 of 14 3. All interested persons should be given fair opportunity to apply for the available REPL. As the board is aware, demand for restaurant and eating place licenses for Kodiak significantly exceeds the four licenses authorized. With limited exception, the board must deny application when there are not licenses available.30 A license becomes available "30 days after a notice of expiration has been sent to a licensee due to non -renewal of the license and not later than April 15 where the license becomes available based upon the count of the relevant population[.)" Alaska Statute 04.11.550 states: On or before February 15, the director shall mail a notice of expiration to each licensee who has not either (1) filed an application to renew a license, along with any applicable affidavits and all fees due, or (2) notified the director of an intent not to do so. Failure of the director to mail this notice of expiration does not waive the requirement that the application for renewal be filed by February 28. It would be inequitable to deny interested persons a reasonably opportunity to apply for the Kodiak REPL that became available by March 16, 2024.31 license for Second Floor Restaurant solely so that its owner can sell the license. Notably, the transfer application would also relocate the premises. This is not the acquisition of a restaurant that holds a license, but the purchase of an REPL license. Second Floor Restaurant has not actively exercised REPL #3293 in years and has no premises from which to exercise it. Waiving years of failure to actively exercise its license and issuing a license to Second Floor Restaurant solely so that Second Floor can sell that license would blatantly defeat the statutory directive that a license issued under Title 4 "is a personal privilege, not a property interest." The holder of expired REPL #3293 did not exercise the privilege granted and does not intend to. The present application has been made so that a license may be sold. The sole reason to issue Second Floor Restaurant an REPL (and the only plausible argument that it will return to active use) is so that REPL may sell the license. This would purely be a property interest as the applicant does not intent to enjoy the "personal privilege" granted by the license, but to sell the license to another. Granting this application would be granting Second Floor Restaurant a property interest, no more, no less. Aside from turning a personal privilege into a marketable property interest in contravention of AS 04.11.660, issuing Second Floor Restaurant an REPL so that it can convey the license to Nuniaq, LLC unfairly denies other local entrepreneurs an opportunity to apply for the available REPL license. Assuming Nuniaq, LLC resolves its sales tax delinquencies, as it likely will, it would be a good candidate to apply for a new REPL. Nuniaq, LLC and other local restaurateurs should be given equal opportunity to apply for that license. 30 3 AAC 305.040. 3' 3 AAC 305.040(2). The City assumes that the AMCO director sent the expiration notice on or before February 15, 2024 as required by AS O4.11.550. Telephone (907) 486-8636 / Fax (907) 486-8633 rnayor@city.kodiak.ak.us Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 92 of 184 AGENDA ITEM #10.B. Hon. Dana Walukiewicz January 30, 2025 Page 11 of 14 AMCO publishes a list that identifies the number of allowed license types for each community as well as the number of licenses issued.32 It identifies that four REPLs are authorized for Kodiak and that four were issued. This information was accurate as of January 16, 2024. However, an REPL was available in Kodiak no later than March 16, 2024.33 Insofar as the City has been able to determine, no public notice of the availability of an REPL was given. "A license issued under [AS Title 4] is a personal privilege, not a property right."31 In accord with constitutional mandates of equal protection and equal opportunities'31 the regulatory regime manifests an intent that this privilege is equally available to all qualified persons,36 and to avoid monopolies.31 However, it appears that the current applicant is the only person who had notice that an REPL was available. All other interested persons would reasonably rely upon the license availability list published by AMCO and would have no reason to believe that a license had become available subsequent to publication of the list. As far as the City can determine, the only mechanism by which an interested party other than the holder of the expired license could have learned that REPL # 329 had expired, and therefore a license was available, is by periodically inquiring with AMCO. Yet the holder of the expired license is given written notice that the license has expired and is therefore on notice that a license is available.31 There is no sound reason why the holder of an expired license, who by definition failed to act to retain the privilege granted by the license, should have an advantage over all other persons by receiving notice that a license is available when no other interested parties are given such notice. This is particularly inequitable where published records suggest that no REPL for Kodiak is available. D. Waiver of operation applications for 2022, 2023, and 2024 should be denied. On December 29, 2024, the applicant filed requests for waiver of the requirement that the license be exercised for at least 240 hours for 2022 and for 2023. In summary, the applicant argues that the license could not be actively exercised during these years because the building in which the licensed premises were located changed ownership and the applicant had difficulties with the new landlord. 32https://www.commerce.a laska.gov/web/Porta Is/9/pub/ABC/0therAlcoholResources/PopLicCountC hart1.16.24.pdf 3'See 3 AAC 305.040(2). The City presumes that the AMCO director mailed the notice required by AS 04.11.540. 34 AS O4.11.660(a). 35 Alaska Const. Art. I. § 1("all persons are equal and entitled to equal rights, opportunities, and protection under the law"). 36 See 3 AAC 305.100-.105. 37 AS O4.11.690. 38 AS O4.11.540. Telephone (907) 486-8636 / Fax (907) 486-8633 mayor@city.kodiak.ak.us Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 93 of 184 AGENDA ITEM #1O.B. Hon. Dana Walukiewicz January 30, 2025 Page 12 of 14 "Under AS O4.11.330(a)(3), the board will determine whether, through no fault of the licensee or because the premises are under construction, the licensed premises could not be operated for the required time during the preceding calendar year."31 The board cannot reasonably find that the expired license was not actively exercised for reasons beyond the applicant's control. First, failure to actively exercise REPL # 3293 for the past decade cannot be explained by transfer of the real property in the summer of 2021.41 The applicant's difficulties with her former landlord in 2022 and 2023 cannot reasonably be said to be the reason the license was not actively exercised when failure to actively exercise the license in 2022 and was the continuation of a failure to actively exercise the license since 2014. Second, the applicant has not shown why the difficulties with the former landlord prevented active exercise of the license for over two years. The applicant has not shown that she used reasonable diligence to actively exercise the license despite the difficulties with the landlord. "A breach of the covenant of quiet enjoyment 'whether the covenant is expressed or implied, occurs if the lessee's enjoyment of the leased land is disturbed in a substantial manner either by the lessor or by the owner of a title paramount.""' The conduct alleged of the landlord would violate such covenant and, based on the facts presented by the applicant, appears to be tortious. The applicant fails to identify what efforts she made to remedy the complained of conduct and it appears that judicial redress was not sought.41 Nor has the applicant shown that she made diligent efforts to obtain alternative premises from which to operate the license. Failure to actively exercise the license for some period of time as a result of the landlord's alleged interference is reasonable and beyond the applicant's control. Assuming that the landlord's interference initially prevented active exercise of REPL # 3293 and assuming that it would have been exercised but for this interference (an assumption belied by the record), the applicant could have and should have sought to remedy that interference. The applicant has not shown what, if any, efforts were made to ensure that the license was actively exercised despite the complained of interference. E. The board cannot grant a third, much less a tenth, waiver. The applicant submitted waiver requests for not operating the license for the time required under AS O4.11.330(a)(3) or (d) in 2022 and 2023. But as shown above, the license was not operated for the time required under AS O4.11.330(a)(3) for several of the preceding calendar years, likely 39 3 AAC 305.120(b). 40 See Statutory Warranty Deed, recorded as Document No. 2021-001557-0, Records of the Kodiak Recording District, Third Judicial District, State of Alaska. 41 Berrey v. Jeffcoat, 785 P. 2d 20. 23 (Alaska 1990). 42 CourtView does not show any suit involving the property owner, Second Floor Restaurant, or Sook Yun, nor any case involving Sung W. Kim in the past decade. Telephone (907) 486-8636 I Fax (907) 486-8633 rnayor@city.kodiak.ak.us Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 94 of 184 AGENDA ITEM #1O.B. Hon. Dana Walukiewicz January 30, 2025 Page 13 of 14 eight. Additionally, were the expired license reinstated, the applicant would need to request a waiver for 2024 as the license was not actively exercised in 2024. (e) The board may deny a third or subsequent, consecutive application for waiver (1) unless the licensee clearly shows that the licensed premises were not operated, because the premises were condemned or substantially destroyed by any cause; (f) Absent circumstances to the contrary, the board will deny a third or subsequent, consecutive application for waiver in the event of condemnation or destruction of the premises if the premises identified on an applicant's license are not leased or owned by the licensee. Additionally, a third or subsequent consecutive application for waiver that does not identify a licensed premises location will be denied." Whether or not the applicant sought and the board approved applications for waiver for any of 2014, 2015, 2016, 2017, 2018, 2019, 2020, or 2021, the record shows that the applicant had not satisfied AS O4.11.330(a)(3) prior to seeking earlier renewals of REPL # 3293. The applicant should not now benefit from earlier failures to comply with the licensing requirements. Unless the applicant satisfied the burden of showing that REPL # 3293 was actively exercised in 2014, 2015, 2016, 2017, 2018, 2019, 2020, and 2021, the board should treat the requests for waiver for 2022 and 2023 as the ninth and tenth requests for waiver respectively.44 Even if the board disregards the lengthy history of failure to actively exercise the license as required by Alaska statute, it cannot disregard that the license was not actively exercised in 2024 based on the fact that the applicant did not submit a timely renewal application. The applicant, at a minimum, must demonstrate that she satisfies the requirements for a third consecutive waiver — waiver of the failure to actively exercise the license in 2024. The applicant cannot demonstrate that she satisfies the requirements for a third waiver. First, the applicant cannot show that the premises were condemned or substantially destroyed. Even if it were otherwise, the board would be required to deny a third waiver based on condemnation or destruction because the premises identified on an applicant's license are not leased or owned by the licensee.41 Finally, "a third or subsequent consecutive application for waiver that does not identify a licensed premises location will be denied."41 The waiver applications dated December 29, 2024 4s 3 AAC 305.120. 44 Even if waivers for 2020 and 2021 are not "counted" toward the total as a result of the pandemic, the present waiver requests would need to be the seventh and eighth requests. 41 See 3 AAC 305.120(f). 46 3 AAC 305.120(f) (emphasis added). Telephone (907) 486-8636 I Fax (907) 486-8633 mayor@city.kodiak.ak.us Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 95 of 184 AGENDA ITEM #10.B. Hon. Dana Walukiewicz January 30, 2025 Page 14 of 14 nominally identify the premises address as 116 Rezanof Drive. However, 3 AAC 305.120(f) must be interpreted to mean that that the application identifies (i) actual existing premises that (ii) are under the control of the applicant. In addition to other provisions,47 the statutory definition of "licensed premises" demands as much.41 If an applicant could satisfy 3 AAC 305.120(f) by simply identifying any premises, the requirement that the applicant identify a licensed premises location would serve no purpose. The owner of the 116 Rezanof Drive property has informed the City that the applicant does not have a lease to premises at that property. The applicant's waiver applications tend to confirm as much. As the applicant's right to possess the identified premises is doubtful, the applicant should be made to produce evidence showing that the applicant has the right to possess the premises. Absent reasonable proof of the right to possess as 116 Rezanof Drive, the waiver applications should be denied because they do not identify a premises that the applicant has the right to possess. And if the Board were to reissue REPL # 3293, the applicant would necessarily need to immediately request waiver for 2024, which would indisputably be at least the third consecutive waiver, and 305.120(f) mandates that it "will be denied." CONCLUSION The holder of expired REPL #3293 failed to timely submit a complete renewal application, and for good reason: The license has not been actively exercised in many years. Putting aside the many technical defects that preclude the board from reissuing REPL #3293, the spirit of the laws and public policy also militate against reissuing the license. A license issued under Title 4 is not a property interest. It is a privilege that must be actively exercised for the benefit of the public. This has not been true of REPL #3293 for many years and the applicant fails to show that the license would be so exercised were it reissued. REPL #3293 expired. AMCO should give public notice that an REPL for a location in the City of Kodiak is available, providing all local entrepreneurs equal opportunity to obtain the privilege of operating the license. The board can then, in accordance with 3 AAC 305.105, select among the mutually exclusive and competing applications. Sincerely, CITY OF KODIAK &PL4V�� 47 E.g., AS O4.11.580; AAC 305.045(c)(5); 3 AAC 305.050(c)(5). 48 AS O4.21.080(b)(22). Telephone (907) 486-8636 / Fax (907) 486-8633 rnayor@city.kodiak.ak.us Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 96 of 184 AGENDA ITEM #11.A. Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 TO: Kodiak Island Borough Assembly FROM: Seema Garoutte, AO, Assessor RE: Manager's Report, February 20, 2025 Manager's Department Legislative Report 25-02 KIB received the second legislative report for 2025 from our lobbyist, Mark Hickey. (The full report is attached.) DNR Updates to Aquatic Farmsite Leasing Regs The Alaska Department of Natural Resources is considering updating the regulations implementing AS 38.05.083 relating to aquatic farming and hatchery site leases. The existing aquatic farm site leasing regulations can be found in the Alaska Administrative Code at 11 AAC 63. The department is undertaking this scoping process to ask the public for their ideas and suggestions before the department undertakes the task of drafting any specific proposed regulations for public review. Written input must be received no later than 5:00 p.m. on March 20, 2025. If DNR undertakes revisions to these regulations, there will be an additional timeframe to provide comments on the proposed regulations. The clerks sent an email with additional information if you are interested in participating in the discussion. Alaska Sea Grant Newsletter Attached is the newsletter from Kodiak Seafood and Marine Science Center for your reading pleasure. North Pacific Fishery Management Council The April NPFMC Meeting will be held virtually March 31-April 7. Assembly members were emailed the announcement. 2024-2027 STIP Amendment 2"d Draft STIP (Statewide Transportation Improvement Program) Amendment 2 is open for public comment until March 20, 2025. (The email is attached). Current Recruitments • Temporary Laborer • Full-time laborer • Full time Secretary III Page 97 of 184 AGENDA ITEM #11.A. Finance Department 2024 Foreclosure Process The Annual Notice of Foreclosure list will be distributed in the local newspaper once a week for four weeks beginning February 21 st. Please contact the finance department for an updated payoff amount. 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. Electronic Timesheet Implementation Project Staff is working with the vendor to set up business rules and processes. Go -live date is expected to be mid -April, depending on IT's workload and staffs training availability. Community Development Planning & Zoning Commission The Commission held its monthly regular meeting on February 19, 2025, the meeting agenda focused on welcoming new members of the commission, the annual meeting where Sara Fraser was elected Chair and Cort Neff was elected Vice -Chair, and a recommendation to the mayor for Commissioners Fraser and Craig to be on the Borough Lands Committee, and the re -appointment of Cort Neff as an ex-officio member of the Borough Parks and Recreation Committee Assessing - Senior Citizen / Disable Veteran exemptions 6 Senior Citizens and one Disabled Veteran (new file) have provided us with late file applications. Village travel for SC/DV exemptions Assessing and KANA will be presenting to the Assembly on February 27tn Values Notice of Values will be mailed on February 26, 2025. Appeal period begins February 27, 2025, and runs through March 28, 2025. 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 was scheduled for the end of January. Tyler is looking into why this potion f the implementation hasn't been reported to KIB. Assessing completed input of all sketches into Apex last week. a* (yes, staff will be getting a pizza party for completing this huge task manually!) • Assessing has 5 open tickets with Harris as of 02/05/2025. 3 of the tickets had to be updated manually by staff because of the NOV process and no response from Harris. Page 98 of 184 Enaineering and Facilities AGENDA ITEM #11.A. Borough Building Borough building abatement was completed and staff have replaced the sheet rock. New ceiling tiles have been ordered and will be replaced when they arrive. Borough Building Boiler Installation EF/Projects staff was notified last week that the punch -list items have been completed by the primary contractor. We are still awaiting the sub -contractor to complete their work on the controls and run their required tests. Once the sub -contractor has completed their work KIB will be asking for a follow up inspection trip from the mechanical engineer. Mental Health Buildings • The contractor has begun hazardous material sampling and anticipates mobilizing the last week of February and begin demolition the first week of March. • The PCB testing requirements will be an additive cost to this project. • All non -hazardous material will be removed for disposal at the KIB Landfill. KFRC A quote has been obtained for the replacement of the failed seawater pump. Once approved, there will be an 18-20-week lead time on materials. A proposal was requested from Long Technologies for the verification and possible installation of existing gauges, monitors, and flow meters to improve remote monitoring. 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. No movement on these GSA items: 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. Landfill • Baler building tipping floor project is closed out. • Staff is continuing to investigate the Compliance Order by Consent (COBC) associated with the storm water violations. A well installation RFB was drafted to gather data to inform the cause of the storm water violations. Unfortunately, there were no bidders for the project. Staff is currently working to update the RFB and readvertise. • Staff has applied for AML FY2026 Heavy Equipment Request. There is a 25% match required. • Staff is preparing to post the RFP for the Regional Solid Waste Management Plan. Leachate Treatment Plant • Staff is currently working on the installation of the new membranes. • Ongoing discussions with the engineer, plant manufacturer, and ADEC are focused on improving water quality discharge. Page 99 of 184 AGENDA ITEM #11.A. KIBSD High School Roof - KIB staff notified KIB E&F staff of multiple roof leaks. KIB staff have initiated a warranty claim and will coordinate the repair efforts with a certified installer. Peterson School Roof — (no change) 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. Karluk School UST - ADEC would like a further characterization and delineation to provide more information on the extent of soil contamination and to demonstrate whether groundwater. Staff has reached out to the contracted firm that has previous experience with this site. Service Areas • Follow up meetings with the AKDOL (Department of Labor) will be held on 2/25 to ensure the new contracts are compliant with Wage and Hour regulations. • The KIB RSA modifications to the State of Alaska DOT SSHC are posted on the KIB website for use as reference. • The KIB RSA invitation to bid documents are being developed for each specific RSA. Information Technology (Changes from the last reporting period are in bold) Policy Development - • IT Network documentation development. • Disaster Recovery Policy development • GIS documentation development State and Local Cyber Security Grant Program (SLCGP) - • Submitted two RFPs for the 2023 Grant awards to KIB to the Grants office in Juneau for approval 1. Immutable Backup and Tape Library upgrade 2. KIB firewall and switch upgrade project Security - IT is working on getting our PCI-DSS status compliant with CardPointe. Hardware - • Asset tag inventory - 90% completed Network - • IT is working with E&F to deploy wireless network coverage at KFRC in the pump house and the tower filter room. • Also including two new iPads with cellular internet coverage • IT is configuring an iPad for a new Planning and Zoning member • Working on switch configuration backup and configuration repository. GitHub vs another internal solution Administration - • Secured baysdiefireak.gov email domain name for the Bayside Fire Department Staff - next step is configuring it for our systems. Page 100 of 184 Software — AGENDA ITEM #11.A. • Met with Apex Timeclock software staff for deployment work Ongoing meetings - two a week • Laserfiche: Mitchell is working with Lina Cruz and clerks on workflow updates in Laserfiche Template is completed • IT is meeting weekly with Tyler Tech data staff to assist with the PACS migration Meet with them Weekly, work is ongoing 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. Bayside Fire Department Personnel Activity / Professional Development / Training — Members of the Bayside Fire Department joined by members of the Kodiak Island Search and Rescue conducted ice and cold -water rescue training. The members of the BFD either recertified or completed initial hands-on training for Ice Rescue Technician qualifications and KISAR members participated in hands on self and partner rescue training conducted by BFD instructors. This training took place at Fort Abercrombie on Lake Gertrude. Thank you to our partners at AK — Kodiak State Parks!!! BFD Haz-Mat Officer Monique Lewis has taken the lead instructing members of our 24-25 Firefighter I class in their Haz-Mat Operational Level Training. This phase of their training will culminate with a series of hands-on training scenarios / evaluations on the BFD Drill Ground. The BFD is awaiting arrival of new Technical Rescue equipment, new 5 gas / PID-VOC meters, and new turnout gear for members. Thank you to the continued support of the department and it's mission by the Borough Assembly and the Kodiak Community! Campus Upgrades and Maintenance — • Planning continues the next steps in campus renovation to support the long-term strategic plan of the BFD. This includes the enactment of living facilities for members to ensure a longevity of the professional volunteer / call force at the BFD. Members have worked to create spaces for bunking in, office & conference, along with enhancing day room facilities. All of these efforts support the concept of members on call in the station 24-7 at no increased expense to the community. • Thanks to member and Engine Co. 10 Engineer Cody Foster, the BFD has been utilizing two thermal imaging devices from SEEK Thermal, these two devices retail for over $4300.00 and the BFD has been able to try them out on incident calls and in training for no cost. These devices have been included in an Operations and Safety Grant submitted in late December by BFD Staff to potentially benefit the BFD and WBFD. Stuff to Just Make You Happy — The BFD has onboarded the first 3 of our cadets after an extensive application and interview process. These three Kodiak High Schoolers will begin learning about all facets of Emergency Services and participate in weekly training and team building. Thank you to Engineer Chris Glade of Engine Co. 11 and Lieutenant Shelby Bacus of Squad Co. 11 for Page 101 of 184 AGENDA ITEM #11.A. being the driving force behind rejuvenating and expanding this wonderful program for Kodiak's young adults. One of Bayside's own Volunteer Firefighters started working full time in the KIB Assessing Department. We were able to work out a flex schedule that allows him to answer calls during scheduled work hours. Teamwork makes the dream work. 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 Page 102 of 184 AGENDA ITEM #11.A. LEGnLA TivE REPOR T #25-02 K-12 School Funding, Policy Negotiations • Closed door negotiations continue between the Dunleavy Administration and legislators representing the majority and minority in both bodies. Sticking points include the amount of an increase in funding, whether to do it as a permanent change to the Base Student Allocation (BSA) versus providing one-time money, enacting an automatic inflation -proofing requirement, and pursing several policy changes sought by the governor and some legislators. The governor's bill proposes allowing open enrollment for students across the state and creation of new charter schools authorized by the state Board of Education and Early Development, the University of Alaska and local municipalities. The current system places this authority in the hands of local school boards. School board officials and most majority legislators question the need for these changes. The governor is also seeking more funding for the correspondence study program, pupil transportation, reading proficiency incentive grants, and a three- year teachers' bonus to encourage retention across the state versus a large BSA increase. At a joint meeting of the House and Senate Education Committees, local school board members, educators, parents and students described the dire state of affairs in public schools across the state. While the extent of challenges and problems will likely motivate state policymakers to act, the state's lack of available revenues to fund education increases, while maintaining a status quo state operating budget and paying a meaningful permanent fund dividend combine to make it difficult to find a path forward. State Fiscal Woes, New Revenues Needed? • Fueled by the ongoing discussions to address major increases in K-12 education funding, legislators are openly discussing the state's deteriorating fiscal position and raising the need possibly for new revenue measures. Oil and gas revenues are projected to be flat or down for the next fiscal year starting July 1. The problem is further exacerbated by tax credits or reductions owed oil companies related to development of new projects, and a minimal amount of state savings remaining in the Constitutional Budget Reserve. • Senator Lyman Hoffman (D- Bethen, who has been a legislator since 1987, said the state is facing its largest fiscal problem in 30 years. "We haven't addressed revenues for decades. I think it's high time the legislature look at raising new revenue if we want to accomplish the many things we want to do. If not, I don't see a clear path forward for balancing not only this year's budget, but next year's budget," Hoffman said recently. In a move that surprised many, freshman Senator and minority member Robert Yundt (R-Wasilla) introduced Senate Bill No. 92. The bill would close a tax loophole by imposing a corporate income tax of 9.4% tax on S corporations with qualified taxable income over five million dollars in a tax year, including privately held independent oil and gas producer Hilcorp Alaska, the company that took over BP operations at Prudhoe Bay. This measure could generate over $100 million dollars per year according to analysis of similar proposals introduced previously. Yundt said he introduced the legislation to ensure the state's corporate income tax applies equally to companies in Alaska. The bill is scheduled for its first hearing on February 19 in Senate Resources. • While open to having the discussion, most legislators see little appetite for a broad -based tax such as a state income or sales tax. Governor Dunleavy's likely opposition to any such measure is cited as another impediment to looking for new revenues. Mark Hickey & Andrea Watts 1 age I U3 o AGENDA ITEM #11.A. February 16, 2025 Chief Justice Carney Delivers State of the Judiciary • Chief Justice Susan Carney delivered her inaugural State of the Judiciary Address to a joint session of the members of the 34th Alaska Legislature on February 12th. Carney. the second woman to lead the Alaska Supreme Court, is the first chief justice to preside over a majority -female state supreme court. A recorded livestream of Carney's address can be found here. In her address, Carney acknowledged significant delays in the state's criminal justice system, particularly in severe felony cases. She committed to expediting case processing to prevent extraordinary delays, such as a sexual assault case that took seven years to reach trial. Carney highlighted that while misdemeanors are typically resolved within six months, unclassified felonies have a median resolution time of three years, far exceeding the National Center for State Courts' recommendation of one year. She noted that the court system has recently closed more cases than were opened, reducing the backlog to its lowest since 2018. To further address delays, the court system is authorizing overtime, employing retired judges, and implementing programs like early resolution for civil matters, partnering with tribal courts, and utilizing an Al chatbot to assist with estate cases. • Carney also requested the prioritization of "phase two" funding to expand the Palmer courthouse to accommodate the growing caseload from the Matanuska-Susitna Borough, the fastest -growing region of the state. She argued that the Palmer Superior Court judges have the highest per -judge caseload of any in the state but lack a place "to put them." Other Capitol News Correspondence School Battle Continues in New Lawsuit: A new lawsuit has been filed by a group of parents and teachers, alleging the misuse of public funds to support private education. The plaintiffs named the Alaska Department of Education & Early Development and the Anchorage, Matanuska-Susitna Borough, Denali Borough, and Galena City school districts as defendants in the case. The plaintiffs claim that these districts have been allocating taxpayer money to private schools, which they argue violates the Alaska State Constitution designed to keep public and private education funding separate. The lawsuit seeks to halt this practice and ensure that public funds are used exclusively for public schools. This and other legal actions have sparked a broader debate about the boundaries of public funding in education and the role of private institutions in the state's educational landscape and is the latest in a number of cases heard in Alaska courts over the issue. Additional details can be found here. Public Employees & Teachers Pension Plan Legislation Revisited: Legislation has been re- introduced this year in both bodies to enact an alternative retirement plan for public employees and teachers in Alaska. Senate Bill No. 28 by Senator Cathy Giessel (R-Anchorage) and House Bill No. 78 by Rep. Chuck Kopp (R-Anchorage) presents a proposal that passed the Senate last year, buy failed to obtain a vote in the House. Both majorities have made improving public employee/teacher retirement systems as a top priority. This proposal allows existing employees and teachers an option to switch from the current defined contribution (DC) plans to defined benefit (DB) plans. New employees/teachers would be enrolled in the DB plans. This proposal provides a more modest pension and includes risk sharing mechanisms compared to the previous DB plan terminated in 2006. Presentations on HB 78 to the House Finance Committee can be view here and here. • Essential Air Service Program Funding Under Attack: Recent developments in Congress suggest an attempt to eliminate this program, or significantly weaken the program's funding mechanism. This would impact as many as 61 communities in Alaska and eliminate about $40 million in annual funding. Eliminating this program is called for in the Project 2025 blueprint for the second Trump Administration. Mark Hickey & Andrea Watts 2 February 16, 2025 Summary of State Legislation Page 104 of 184 Emest'Emie" Shackleton, Chief Associate RIP 2005-2024 AGENDA ITEM #11.A. Below is a list of legislative measures of interest, divided into six main topics: fiscal measures, general municipal issues, education measures, fishery & resource issues, energy matters, and election & voting issues. House measures are described first, followed by Senate measures. Companion bills (measures in both bodies) are listed together. Priority focus will be on those likely to get traction. Happy to address other measures if asked. More information about these measures can be found at Alaska Municipal League Legislative Tracker or Alaska State Legislature. Check out what your legislators are doing. New bills are in BLUE, change in status in RED, and passed bills in GREEN. Fiscal Measures Measure Summary Status 41 HB 53/SB 56 by governor FY 2026 Operating Budget: Both versions propose flat funding with no HB 53 pending House Finance added one-time money for K-12. Funds school debt reimbursement at SB 56 pending Senate Finance 100%. Flat funding for the Alaska Marine Highway System. HB 54/SB 57 by governor FY 2026 Capital Budget: Minimal proposal at this point. No money HB 54 pending House Finance included for K-12 major maintenance projects. SB 57 pending Senate Finance SJR 2 by Claman Proposes constitutional amendment to change veto override threshold Pending State Affairs from 3/4ths to two-thirds of legislature. SJR 5 by Kaufman Proposes constitutional amendment to convert the Permanent Fund to Pending Judiciary a single account with a maximum 5.5% POMV allowed. Places dividend in the constitution with formula subject to voter approval. SB 24 by Stevens Proposes state retail tax of 25% on e-cigarette products and changes SB 24 pending Senate L&C, FIN HB 49 by Hannan the age to use tobacco from 19 to 21 for possession. HB 49 scheduled House L&C 2/17 SB 92 by Yundt Proposes a 9.4% tax on income over $5 million earned by S corpora- Scheduled Resources 2/19 tions. The bill targets Hilcor , the company that runs Prudhoe Bay. SB 96 by Senate Rules Extends sunset date for education tax credits. Fixes legal problem with Referred L&C, Finance similar bill passed last year. General Municipal Issues Measure HB 3 by Rauscher Moves regular sessions of the Alaska State Legislature from Juneau to Pending CRA Anchorage. HB 13 by Gray Permits a municipality to exempt or partially exempt from taxation a Pending CRA structure converted from a short-term to long-term rental unit. HS 17 by Rauscher Removes PERS retirement eligibility restrictions for disabled veterans Scheduled M&VA 2/18 with service -connected condition. HB 29 by Vance Allows municipalities and school district to join state's health insurance HB 29 pending House EDC SB 5 by Hughes program. SB 5 pending Senate EDC HB 41 by Allard Places Alaska permanently on daylight saving time if federal law WB 41 pending House STA SS 26 by Merrick changes are enacted by Congress. SB 26 pending Senate CRA HB 42 by Allard Eliminates moratorium on ability to issue new debt using the school HB 42 pending Education bond debt reimbursement program. HB 60/SB 67 by governor Increases purchase price differential for required In -state purchases of HB 60 passed House FSH 2/11 food & fishery products by the state, municipalities & school districts. HB 60 scheduled House L&C 2/21 SB 67 heard/held Senate RES 2/7 Page 105 of 184 AGENDA ITEM #11.A. Mark Hickey & Andrea Watts 3 February 16, 2025 Measure HB 107 by Tomaszewski Allows school districts and other public employers to participate in the Referred Finance Supplemental Benefits System. SJR 3 by Claman Proposes constitutional amendment to Ilmlt regular sessions of the Pending Judiciary legislature to 90 days. SB 10 by Dunbar Requires state to procure a family leave insurance plan. Political Pending Labor & Commerce subdivisions may elect to join. SB 21 by Wielechowski Creates Alaska Word & Save Program for employees who are not part Pending Labor & Commerce of a qualified retirement plan. SB 27 by Kiehl Allows teachers & other public employees a choice between a defined Pending Labor & Commerce benefit DBpension versus the current defined contribution DC Ian. SB 28 by Glossal Provides defined benefit plan for all new public employees, and a SB 28 pending Senate L81C 14B 78 by House Finance choice for current employees between the new DB option versus HB 78 heardiheld House FIN 2/10, current DC plan. 2111 SB 34 by Giessel Repeals 90-day session limit. Pending State Affairs SB Q by Gray -Jackson Omnibus law enforcement reform bill adding required municipal police Pending Community & Regional officer standards and reporting of Incidents of use of force. Affairs SB 50 by Dunbar Amends state law to require a housing plan under the comprehensive Passed Community & Regional Ian requirement for first and second class boroughs. Affairs 2/11 SB 5$ by Gray -Jackson Imposes accreditation standards for law enforcement agencies in Pending State Affairs Alaska tncludjng a municipal police department. SB 55 by Stedman Increases TRS employer contribution rates from 12.56% to 14.56% Heard & Held Labor & Commerce (DB) or 7% to 9% (DC). Requires all TRS/PERS employers to participate in SBS system for those not in social security. SB 63 by Cronk Changes makeup of Local Boundary Commission to require one Scheduled Community & Regional member from unorganized borough. Requires members from each Affairs 2/18 judicial district to live and vote in that district. SB 81 by Stedman Imposes contribution requirement on TRS/PERS employers to cover Pending Labor & Commerce past service liability. Likely contradicts current requirement for state to cover. Education Measures Measure HJR 5 by Bynum Resolution urging Congress to reinstate the Secure Rural Schools & Heard & held Education 2/12 Community Self -Determination Act. HB 9 by Carrick Requires schools to provide children with disabilities with medically Pending Education necessary services at school. 14B 12 by Dibert Requires school districts provide free breakfast and lunch subject to Pending Education appropriation. HB 28 by Story Establishes a student loan repayment pilot program at the Scheduled Education 2/17 Commission on Postsecondary Education. HB 38 by Saddler Allows SBS participation by TRS employees for those not in social Pending L&C security. HB 39 by Allard Requires DEED to establish a centralized program for deaf students HB 39 pending House EDC SB 8 by Gray -Jackson with residential services. SB 8 pending Senate EDC HB 40 by Allard Districts must designate sports team as male, female or co-ed & bars Pending Judiciary trans ender girls from female sports. HB 57 by Fields Requires DEED to adopt policy prohibiting use of nonschool-issued HB 57 passed House L&C 2/5 SB 18 by Wielechowski wireless telecommunication devices at public schools with some SB 18 pending Senate Education exceptions. H13 59/SB 66 by governor Establishes a five-year pilot program for state -tribal education compact HB 59 scheduled House TRB 2/18 schools working with five tribes. SB 66 pending Senate EDC HB 69 by Himschoot Increases BSA by $1,808 spread over three years. Adds inflation- Heard & held Education 2/12 proofing starting July 1, 2025. Scheduled Finance 2/18, 2/20 HIS 98 by Fields Establishes maximum K-12 pupil -teacher ratios for certain classrooms Referred Education, Finance at public schools, Mark Hickey & Andrea Watts 4 February 16, 2025 Page 106 of 184 Measure Summary Status HB 76/SB 82 by governor Omnibus education bill on charter school approval, cell phone bans, HB 76 pending House EDC — allowing open enrollment and several funding initiatives outside the SB 82 scheduled Senate EDC 2/21 BSA. SB 3 by Hughes Requires school districts to allow arming of individuals if requested Pending Education sub ect to various requirements. SB 6 by Gray -Jackson Requires education in history & contributions of Asian Americans and Scheduled Education 2/17 Pacific Islanders in the U.S. SB 10 by Dunbar Requires state to procure a family leave insurance plan. Political Pending Labor & Commerce subdivisions may elect to join. SB 20 by Gray -Jackson Requires DEED to develop and implement education of public SB 20 pending Senate Education HB 92 by Gray students with hands-on CPR training. HB 92 referred House EDC, FIN SB 22 by Wislechowski Requires school districts to provide all high school students a financial SB 22 scheduled Senate EDC 2/21 HB 90 by Eischeld literacy education course. HB 90 referred House EDC FIN SB 23 by Stevens Adds civics exam requirement to graduate from secondary school. Scheduled Education 2/21 SS 41 by Gray -Jackson Directs DEED to develop guidelines for mental health Instruction in SB 41 scheduled Senate EDC 2/21 HB 105 by Galvin consultation with the Health department and others. HB 105 referred House EDC, FIN SB 46 by Claman Changes K-12 education funding mechanism by eliminating the public Pending Education education fund. Proposes other foundation formula changes. SB 93 by Tobin Amends foundation formula to count a student In early education as a Referred Education, Finance full-time equivalent student. SB 101 by Gray -Jackson Requires DEED to establish a health and personal safety program for Referred Education, HSS K-12 public schools. Fishery & Resources Issues Measure Summary Status E HS 31 by Stutes Exempts commercial fishing vessels with valid licenses from numbering Passed Fisheries 2/11 and registration provisions. HB 33 by Stutes Allows members of Game or Fisheries Boards to deliberate and discuss Scheduled Fisheries 2/18 matters if they or a family member have a personal or financial interest. HB 93 by Himschoot Changes hunting, trapping and sport fishing residency requirements to Referred Fisheries, Resources match allowable absences to receive a permanent fund dividend. Scheduled Fisheries 2/18 SB 29 by Bjorkman Adds executive director for Big Game Commercial Services Board. Scheduled Resources 2/17 SB 80 by Senate Labor & Extends termination date of the Big Game Commercial Services Board Pending Finance Commerce from June 30, 2024, to June 30, 2032. SB 97 by Senate Rules Establishes big game commercial concession permit program on state Referred Resources, Finance land, starting with a pilot program. Fixes problem created last year. Energy Matters SB 16 by Myers Provides a simplified rate filing procedure for utility rate adjustments subject to Regulatory Commission of Alaska approval. SB 61 by Tobin Establishes an electronic products stewardship program. Includes electronics recycling advisory council and grant program authority. SB 91 by Senate Creates new program at Department of Natural Resources to allow Resources clean energy projects to obtain a license for use of state lands. Mark Hickey & Andrea Watts February 16, 2025 5 Pending Labor & Commerce uled Resources 2/17 Resources, Page 107 of 184 Election & Voting Issues HS 16 by Schrage Establishes schedule of campaign contribution limits for Individuals & Pending State Affairs groups. Includes inflation adjuster. HB 21 by Story Allows voter preregistration for minors at least 16 years of age and Scheduled State Affairs 2/20 keeps the registration confidential. HB 43 by Schrage Omnibus reform bill allowing same day registration, ballot tracking & Heard & held STA 2/11, 2/13 curing, postage -paid absentee ballots and other reforms. HB 63/SB 70 by governor Numerous changes including repeal of PFD voter registration, reducing HB 63 heard/held House STA 2/11 early voting period, and requiring receipt of absentee ballots by election SB 70 heard/held Senate STA 2/4 date. HB 100 by Fields Imposes a 5% tax on federal campaign spending in state. Referred State Affairs, Finance SIB 64 by Senate Rules Senate majority reform bill includes same day registration, ballot Heard & held State Affairs 2/4 tracking & curing, postage -paid absentee ballots, and repeal of sianature verification. Renewable energy is not a new concept! Schermerhorn Windmills near Amsterdam, Holland. Built 1633-1635. Mark Hickey & Andrea Wafts 6 February 16, 2025 12 Page 108 of 184 We hope you enjoy this issue of the Kodiak Seafood and Marine Science Center newsletter from Alaska Sea Grant. SEAFOOD 4 4 View this email in your browser To subscribe, email Dawn Montano. WINTER 2024-2025 SCIENCE CENTER K O D I A K, A LASKA Operated by the University of Alaska Fairbanks, our mission is to contribute to the value and xvcll-being of Alaska's fisheries and coastal communities through research, technological development, Nvorld' i-ce training, education and service. In November, the Alaska Fisheries Science Center, with support from the NOAA Alaska Regional Office and Alaska Sea Grant, hosted the first Cultivating Bull Kelp Workshop in Kodiak. This invitational workshop was an opportunity for bull kelp researchers and farmers from Alaska and beyond to discuss the innovation and research needed to improve bull kelp farming. During the workshop, 22 people from Alaska were joined by 20 online participants from California, Oregon, Washington, and British Columbia. Presentations covered bull kelp biology, bull kelp restoration, and efforts to grow bull kelp for mariculture both in and outside of Alaska. Discussions focused on comparing methods of growing bull kelp for different goals, how to plan farming systems around meeting market demand, and what efforts the NOAA-funded Bull Kelp Research Squad should prioritize going forward. The Alaska participants had opportunities to visit several research and commercial hatcheries in Kodiak. Several key themes and takeaways emerged from talks and discussions. Participants agreed that learning from farmers growing bull kelp outside Alaska, and for different purposes, was useful, and supported continuing to collaborate with those in different regions. Participants gained greater insight into what it takes to grow bull kelp from seed to harvest, and learned that optimal bull kelp outplanting timing is unclear across regions and better understanding seasonal optimization requires more research. Contributed by Angela Korabik, NOAA Affiliate and Alaska Sea Grant State Fellow The Mariculture Research and Restoration Consortium (Mar. ReCon) annual meeting took place last month in Kodiak, bringing together researchers, farmers, and stakeholders to advance sustainable mariculture in the Gulf of Alaska. Participants from Prince William Sound, Kachemak Bay, and Kodiak Island gathered to discuss the environmental and ecological impacts of mariculture operations, oyster hatchery development, and industry challenges. Hosted by Alaska Sea Grant and the Prince William Sound Science Center and funded by the Exxon Valdez Oil Spill Trustee Council, the meeting featured project updates, sessions on data management and farm operations, and discussions on the economic opportunities and environmental considerations of mariculture. Key topics included how farms interact with local ecosystems, monitoring efforts, and coordinated outreach to support informed decision -making. The Mar. ReCon project is a research and monitoring initiative designed to address the needs of the mariculture industry in spill -affected areas, including Prince William Sound, Kachemak Bay, and Kodiak Island. Its goals are to quantify the extent to which mariculture activities restore and enhance habitat, and to amplify the economic development potential of mariculture by supporting capacity building and industry growth. The project also aims to enhance the ability of Alaska communities to benefit economically from mariculture expansion while restoring or enhancing the habitats upon which these communities rely. For more information, please reach out to Alaska Sea Grant Mariculture Specialist Melissa Good. KSMSC recently hosted the first segment of the biennial Alaska Seafood Processing Leadership Institute, where mid -level processor employees selected by their companies participate in lectures and hands-on activities from leaders in the seafood industry. This fall's program featured Emily Miller from California Sea Grant, who led project management training. Thirteen trainees came from communities including Unalaska, Kodiak, Cordova, and Bristol Bay to learn about food safety, policy, lean management and more. This cohort will travel to Anchorage for their final session in March, where they will have the opportunity to showcase their individual projects to improve their facilities' operations. The Monitorina and Event Resoonse for Harmful Algal Blooms (MERHAB) project team has been busy sharing research results at scientific conferences. These conferences provide an opportunity to collect as a team and to engage with the wider research community. In October, KSMSC's Julie Matweyou traveled to Portland, Maine, to attend the 12th U.S. Symposium on Harmful Algae. Matweyou was invited to a discussion on advancing rapid, on -site HAB toxin testing that can be used in remote locations. "I was honored to be invited to this discussion and happy to share my experiences and knowledge gained from working with rural subsistence harvesters in the Kodiak Archipelago," said Matweyou. The national symposium was attended by researchers of two MERHAB-funded projects that Matweyou is involved with: Application of a quantitative molecular method to characterize abundance and distribution of Alexandrium Cysts for NOAA's HAB Forecasting, and HABs in the Kodiak Archipelago: HAB Monitoring and Toxin Testinq to Support Community Subsistence Harvesting and Forecast Model Development. This work was also presented at the 2025 Alaska Marine Science Symposium in Anchorage. You can view Matweyou's poster for more information on the MERHAB 2023 project and first - year progress. ecently, an Anchorage -based confectionery business reached out to KSMSC to certify that their caramel sauce is safe enough to be distributed in an enclosed container at room temperature. Customers at a recent food fair questioned how this could be safe, given the milk and cream in this recipe, and wondered whether botulism could result. After samples were sent to KSMSC, a check of the water activity —a technical measure that correlates to bacteria growth —verified that the sealed caramel sauce was in the shelf -stable range, and thus safe to store unopened at room temperatures. We also checked the company's processing steps to verify that the product was appropriately jarred, and properly labeled with ingredients and potential allergens (milk, cream). Leftover caramel sauce samples were tested on vanilla ice cream. Kodiak 4-H teamed up with Kodiak City, KMXT Radio, the Kodiak Hockey League, and a girls softball team to host "Skate with Santa" at the Kodiak ice rink. Participants were able to skate for free and take pictures with Santa, while a DJ kept the holiday songs coming. Besides having fun, participants donated gifts to fill Santa's bag for the Women's Resource Center and St. Francis Shelter. 4-H groups are currently working on archery, bread making, crafts, and specialty baking. Projects that will be up running soon include horse, gardening, rifle, and outdoor adventure. We are excited to announce that we are doing a livestock auction this year. Kids will raise chickens, pigs, turkeys, and more, and those animals will be up for auction at the fair. If anyone is interested in being a part of this experience, please contact Alyssa Martin for more information. February 18-20: Mariculture Conference of Alaska (Sitka) March 3-7 : Alaska Seafood Processing Leadership Institute (Anchorage) April 15: Western Alaska Interdisciplinary Science Conference (Naknek) April 25: Sanitation Control Procedures for Seafood Processors (online) April 29—May 2: Kelp Farm Operations: Training of Trainers (Kodiak) May 21-23: Seaweed Handling and Processing Workshop Kodiak) For questions, comments or more information, contact Ashley Dunker. Sea Grant ALASKA Ily UNIVERSITY OF ALASKA FAIRBANKS This quarterly newsletter highlights Kodiak Seafood and Marine Science Center activities. Alaska Sea Grant is a partnership between NOAA and the University of Alaska Fairbanks. Alaska Sea Grant supports healthy coastal resources, strong economies, and vibrant communities in Alaska through research, education, and outreach. Copyright © 2025 Alaska Sea Grant, All rights reserved. You are receiving this email because we thought you might be interested in what's happening in Kodiak. Our mailing address is: Alaska Sea Grant PO Box 755040 University of Alaska Fairbanks Fairbanks, AK 99775-5040 Add us to your address book Kodiak Seafood and Marine Science Center 118 Trident Way Kodiak, AK 99615 UA is an affirmative action/equal opportunity employer, educational institution and provider and prohibits illegal discrimination against any individual: www.alaska.edu/nondiscrimination. '1 Want to change how you receive these emails? You can update your preferences or unsubscribe from this list. Page 117 of 184 NOTICE OF PUBLIC SCOPING FOR POSSIBLE UPDATES AND REVISIONS TO AQUATIC FARMSITE LEASING REGULATIONS Alaska Department of Natural Resources February 18, The Alaska Department of Natural Resources (DNR, Department) is considering updating the regulations implementing AS 38.05.083 relating to aquatic farming and hatchery site leases. The Aquatic Farmsite Permits and Leases regulations can be found in the Alaska Administrative Code at 11 AAC 63. The Department is undertaking this scoping process to ask the public for their ideas and suggestions before the Department undertakes the task of drafting any specific proposed regulations for public review. Written input must be received no later than 5:00 p.m. on March 20, 2025. If DNR undertakes revisions to these regulations, there will be an additional timeframe to provide comments on the proposed regulations. Background Information On October 9, 2024, House Bill 329 was signed into law by the governor (Chapter 31, Session Law of Alaska 2024) and became effective on November 20, 2024. The bill related to state tideland leases, geoduck seed transfers, and aquatic farming or related hatchery operation site leases. House Bill 329 can be viewed here. The legislative history of House Bill 329 can be viewed on the Alaska Legislature's website here. The department is now considering updating regulations to implement the statutory changes made in House Bill 329. Additionally, the department is considering updating the provisions of the commercial use requirement in 11 AAC 63.030(b) (Aquatic farmsite lease applications) and 11 AAC 63.110(7) (General lease provisions). The existing Aquatic Farmsite Permits and Leases regulations can be reviewed here. What information is DNR requesting? The purpose of this notice is to ask the public for their input before the Department undertakes the task of revising aquatic farmsite leasing regulations. Specifically, the Department is interested in ideas that will modernize and remove outdated requirements. 22 The public is encouraged to provide specific wording to be changed, added, or removed from the current regulations. When providing information, please be as specific as possible. For example, if the information is from a published study, please provide a copy of the study or a complete reference citation so that DNR staff can obtain a copy for consideration. Specifically, we invite the public to respond to the following prompts: 11 AAC 63.030(b) Aquatic farmsite lease applications 11 AAC 63.110(7) General lease provisions • Should the provisions of the commercial use requirement be modified from the current requirement stating that a lease must make annual sales equal to $3,000 per acre or $15,000 per farm, whichever is less, by the 51h year of the lease term? • Should the 5-year deadline be changed? • Should commercial use be defined in monetary terms, based on culture activities, or both? How will DNR use the information I provide? The Department will carefully review all input received during this scoping period. If DNR undertakes revisions to these regulations, there will be an additional timeframe during which the public may provide comments on the proposed regulations. How can I find out more information? Website Visit the DNR project website for background information and links to current statutes and regulations: https://dnr.alaska.gov/mlw/aquatic/regrevision/ How do I submit information or feedback to DNR? By mail: Alaska Department of Natural Resources Division of Mining, Land & Water Program Support Section 550 W. 7th Avenue, Suite 1070 Anchorage, AK 99501-3579 By email: dnr.aguaticfarm.regulations@alaska.gov Public Meeting DNR will host a public meeting on March 11, 2025, from 4:30-6:30 pm at the Atwood Conference Center Room 106 in Anchorage (Robert B. Atwood Building, 550 West 7th Avenue, Anchorage, AK 99501). You may register for this meeting here: https://events.gcc.teams.microsoft.com/event/clfc289 9-a6be- 407e-914e-3e6436196038@20030bf6-7ad9- 42f7-9273-59ea83fcfa38 23 The meeting will include a brief presentation by DNR followed by a question -and -response session with the public. After, there will be an opportunity for participants to submit feedback as time allows. The public is invited to observe, learn, and ask questions. You do not have to attend in person. A virtual option will be available for participation or observation. A recording of the public meeting will be posted on the project website. For a virtual forum link and for location and parking information, visit the DNR project website at: https://dnr.alaska.gov/mlw/aquatic/reprevision/ Submit written comments by 5:00 Pm on March 20, 2025. Please note that information provided will be subject to inspection, copying, and distribution as public records under Alaska Statute 40.25.110 — 40.25.220. Do not include information that is not appropriate for public consumption. The State of Alaska, Department of Natural Resources, complies with Title II of the Americans with Disabilities Act of 1990. If you are a person with a disability who needs special accommodation to participate in this process, please contact the Division of Mining, Land and Water at 907-334-2683 no later than March 10, 2025, to ensure that any necessary accommodations can be provided. 4 Good afternoon, We are reaching out to ensure you are aware of the project updates in Amendment 2 of the 2024- 2027 STIP. STIP Amendment 2 has been posted for a 30 day public comment period, February 14 — March 20, 2025. Below are projects in your area that may specifically be of interest. You can view the final STIP and interactive tools at this website: https://publicinput.com/stip/. The Alaska Statewide Transportation Improvement Program (STIP) is the state's four-year program for transportation system preservation and development. It includes interstate, state and some local highways, bridges, ferries and public transportation, but does not include airports or non -ferry -related ports and harbors. It covers all system improvements for which partial or full federal funding is approved and that are expected to take place during the four-year duration of the STIP. 29877: Chiniak Highway Milepost 15-31 Rehabilitation [Parent and Final Construction] 32639: Chiniak Highway Milepost 15-31 Rehabilitation [Stage 1] 32638: Chiniak Highway Milepost 15-31 Rehabilitation [Stage 2] 2436: Otmeloi Way Rehabilitation [CTP Award 2019] 33399: Rezanoff Drive Resurfacing: West Marine Way to Airport [SOGR 2022] 34155: Sargent Creek and Russian River Bridges Planning Study - Kodiak Island Borough 34155: Sargent Creek and Russian River Bridges Planning Study - Kodiak Island Borough 33445: Sargent Creek Bridge Replacement [SOGR Award 2022] Full STIP Amendment 2 DRAFT: https://dot.alaska.gov/stwdping/cip/stip/ STIP Amendment 2 At a Glance (View by Map; Search by Census Area) STIP Amendment 2 At a Glance Please let me know if community issues or needs arise, and we look forward to continuing to serve all of our communities. We are also available for any questions or if you would like to schedule a meeting to discuss the STIP projects. Thank you, Alexandria R Lawrence Transportation Planner 1, Southcoast Region/Juneau Field Office Alaska Department of Transportation & Public Facilities Office: 9074658864 • alexandria.lawrence@alaska.gov Keep Alaska Moving through service and infrastructure. 25 AGENDA ITEM #14.B.1. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2025-15, Authorizing The Manager To Accept The 2025 Volunteer Fire Capacity (VFC) Grant For The Fire Protection Area No. 1 (Bayside Volunteer Fire Department) ORIGINATOR: Scott Ellis, Bayside Fire Chief RECOMMENDATION: Move to adopt Resolution No. FY2025-15. DISCUSSION: The USDA Forest Service, through the State of Alaska Department of Natural Resources, Division of Forestry and Fire Protection made grant funds available to volunteer fire departments. The criteria to meet to be eligible for funding was: • Serve a population of 10,000 or less • Be registered with the Alaska Division of Fire & Life Safety • Be NIMS Compliant • Be in compliance with past VFC awards • Provide documentation of a minimum availability of 10% matching funds Grant funds uses include: • Increase firefighter safety • Improve the firefighting capabilities of rural volunteer fire departments • Enhance protection in wildland urban interface Requested items listed on the grant application included: • Portable radios • Battery chargers • Batteries • Flood lights ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2025-15, Authorizing The Manager To Accept The 2025 Vol... Page 122 of 184 AGENDA ITEM #14.B.1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2025-15 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING THE MANAGER TO ACCEPT THE 2025 VOLUNTEER FIRE CAPACITY (VFC) GRANT FOR THE FIRE PROTECTION AREA NO. 1 (BAYSIDE VOLUNTEER FIRE DEPARTMENT) WHEREAS, the USDA Forest Service through the State of Alaska, Department of Natural Resources, Division of Forestry and Fire Protection made grant funds available to volunteer fire departments; and WHEREAS, the Fire Protection Area No. 1 Volunteer Fire Department meets the following grant criteria: • Serve a population of 10,000 or less • Be registered with the Alaska Division of Fire & Life Safety • Be NIMS (National Incident Management System) compliant • Be in compliance with past VFC awards • Provide documentation of a minimum availability of 10% matching funds WHEREAS, an application for the grant was submitted and an award in the amount of $10,000 was made to the Fire Protection Area No. 1 Volunteer Fire Department. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the manager is authorized to execute the grant award documents for the Volunteer Fire Capacity grant for Fire Protection Area No. 1 Volunteer Fire Department. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2025 KODIAK ISLAND BOROUGH Scott Arndt, Mayor VOTES: Ayes: Noes: Resolution No. FY2025-15 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 1 of 1 Resolution No. FY2025-15, Authorizing The Manager To Accept The 2025 Vol... Page 123 of 184 AGENDA ITEM #14.B.1. THE STATE Department of Natural Resources OfALASKA Division of Forestry & Fire Protection [PROGRAM] GOVERNOR MIKE DUNLEAVY January 27th, 2025 To State of Alaska Fire Departments 3700 Airport Way Fairbanks, AK 99709-4699 Main: 907.451.2600 Thank you for applying for the 2025 Volunteer Fire Capacity (VFC) grants, formerly known as VFA. Thirty-three (33) fire departments applied, and all applications were funded. Thirty-three (33) Alaska Fire Departments will receive up to $10,000 per fire department. A total of $306,292 will be awarded. This is the letter of official notification. The enclosed spreadsheet lists all applicants and the amount requested/amount awarded. If a fire department is awarded a grant, the amount awarded will be listed in the "Amount Awarded" column. Please contact your respective DOF Fire Management Officer (FMO) with any questions you may have. • Checks will be distributed electronically using the VFD's SOA vendor number and in accordance with the SOA electronic payment agreement. Electronic disbursements are expected by no later than March 2026. • To be eligible for a 2026 VFC grant, compliance documentation, such as copies of receipts for 2025 grant expenditures, must be submitted electronically through the OLAS portal, or in coordination with the DOF local Fire Management Officers (FMOs). • Volunteer Fire Capacity is an award of Federal Financial Assistance with funding from the USDA Forest Service. Prime and sub -recipients to this award are subject to OMB guidance in sub -parts A through F of 2 CFR Part 200 as adapted and supplemented by the USDA in 2 CFR Part 400. Adoption by USDA of the OMB guidance in 2 CFR 400 gives regulatory effect to OMB guidance in 2 CFR 200 where full text may be found. • The brochure, "Complying with Civil Rights", FS-850, can be found at https://www.fs.usda.gov/lnternet/FSE—DOCUMENTS/fseprd6lO492.pdf • The OMB Circulars are available on the internet at www.ecfr.gov Applicants are encouraged to reapply annually by submitting applications and compliance documentation by the specified grant deadline. Sincerely, / 1�7Ca4A,662 Sarah Saarloos, Fire Staff Officer State of Alaska, DNR Division of Forestry & Fire Protection Resolution No. FY2025-15, Authorizing The Manager To Accept The 2025 Vol... Page 124 of 184 AGENDA ITEM #14.B.1. Fire Department Amount Requested Amount Awarded Agency or DOF Office Delta Junction VFD $8,927.47 $8,927.47 Delta Area Office Tri-Valley VFD $8,678.52 $8,678.52 Fairbanks Area Office North Pole FD $9,967.39 $9,967.39 Fairbanks Area Office Chena-Goldstream Fire & Rescue $8,941.53 $8,941.53 Fairbanks Area Office Steese Area VFD $10,000.00 $10,000.00 Fairbanks Area Office McKinley VFD $5,625.00 $5,625.00 Fairbanks Area Office Ester VFD $10,000.00 $10,000.00 Fairbanks Area Office Western Emergency Serivices Area $10,000.00 $10,000.00 Kenai Kodiak Area Office Moose Pass Vol. Fire Co. $9,986.75 $9,986.75 Kenai Kodiak Area Office Lowell Point VFD $10,000.00 $10,000.00 Kenai Kodiak Area Office Cooper Landing VFD $9,813.40 $9,813.40 Kenai Kodiak Area Office Central Emergency Services $8,491.54 $8,491.54 Kenai Kodiak Area Office Bear Creek Fire/EMS Department $8,538.00 $8,538.00 Kenai Kodiak Area Office Seward FD $8,624.78 $8,624.78 Kenai Kodiak Area Office Nikiski FD $9,900.00 $9,900.00 Kenai Kodiak Area Office Bayside Volunteer Fire Department $10,000.00 $10,000.00 Kenai Kodiak Area Office Homer Volunteer Fire Department $8,892.00 $8,892.00 Kenai Kodiak Area Office Talkeetna VFD $10,000.00 $10,000.00 Mat Su Area Caswell Lakes FSA #135 $9,759.22 $9,759.22 Mat Su Area Willow VFD $9,759.22 $9,759.22 Mat Su Area Sutton VFD $9,531.00 $9,531.00 Mat Su Area Houston FD $9,900.00 $9,900.00 Mat Su Area Chickaloon Fire Service, Inc. $9,999.90 $9,999.90 Mat Su Area Haines VFD $6,001.65 $6,001.65 Southeast Alaska Sitka FD $7,142.09 $7,142.09 Southeast Alaska Saint Paul Dept. of Public Safety $8,495.24 $8,495.24 Southwest District Native Village of Eagle $9,899.09 $9,899.09 State of Alaska Protection Tok VFD $9,583.36 $9,583.36 Tok Area Office Valdez FD $9,900.00 $9,900.00 Valdez -Copper River Area Office Gakona VFD $9,940.50 $9,940.50 Valdez -Copper River Area Office Kennicott/McCarthy VFD $9,994.50 $9,994.50 Valdez -Copper River Area Office GlennRich Fire Rescue $10,000.00 $10,000.00 Valdez -Copper River Area Office Kenny Lake VFD $10,000.00 $10,000.00 Valdez -Copper River Area Office $306,292.15 Resolution No. FY2025-15, Authorizing The Manager To Accept The 2025 Vol... Page 125 of 184 AGENDA ITEM #14.B.1. THE STATE Department of Natural Resources °fALASKA Division of Forestry & Fire Protection GOVERNOR MIKE DUNLEAVY October 14, 2024 Dear Volunteer Fire Department: 550 West 7t' Avenue, Suite 1450 Anchorage, AK 99501-3561 Main: 907.269-8463 Fax: 907-269-8931 The Volunteer Fire Capacity (VFC) program, formerly VFA, provides funding assistance in training, supplies, equipment purchases, and prevention activities on a cost share basis. The Volunteer Fire Capacity (VFC) program is available from the USDA Forest Service through the State of Alaska, Division of Forestry. The VFC program may be used for both wildland and structure protection needs. The assistance is provided to increase firefighter safety, improve the firefighting capabilities of rural volunteer fire departments, and enhance protection in the urban-wildland interface. The amount available to apply for is capped at $10,000. The 2025 Volunteer Fire Assistance Grant Program application period will be open from October 14th, 2024— December 13th, 2024. Basic Volunteer Fire Assistance Criteria • Serve a population of 10,000 or less • Be registered with the Alaska Division of Fire & Life Safety at the time the application is submitted • Be NIMS Compliant • Be in compliance with past VFC awards • Provide documentation of a minimum of 10% matching funds with application VFC applications will only be accepted through the State of Alaska, Division of Forestry's Online Line Application System (OLAS) https://dnr.alaska.gov/olas/. If, as a fire department, you have already registered equipment in OLAS, use the same username and password to access the 2025 VFC Grant Application. If you are new to using OLAS, please register. To register, chose 'Register Now!' on menu bar at top of page. Have your department's Fire Department Identification (FDID) number on hand as it is needed to complete the registration process. Volunteer Fire Departments (VFDs) will also need to know their State of Alaska (SOA) vendor number to apply. Also be sure your VFD is set up to receive funds electronically from the State of Alaska. Please refer to the 2024-5 VFC Grant Manual on how to obtain and/or find your SOA vendor number. Electronic payment agreement information can also be found in the 2024-5 VFC Grant Manual which can be found online within VFC OLAS and on this web page: http://forestry.alaska.gov/fire/ fa Resolution No. FY2025-15, Authorizing The Manager To Accept The 2025 Vol... Page 126 of 184 AGENDA ITEM #14.B.1. October 14, 2024 Page 2 of 2 Once you have registered in OLAS, log in, and go to the menu bar at the top of the page and click 'Volunteer Fire Capacity Grant Program', from there you will be able to apply, view and/or print and sign and upload all relevant documents. While there, review the 2024-5 VFC Grant Manual which includes all VFC criteria as well as the instructions in this letter. When submitting your 2024-25 application in OLAS, be sure to enter the correct SOA vendor number, as awards are issued electronically. Not knowing or entering an incorrect SOA Vendor number and/or not having an EFT agreement in place will cause significant delays in receiving any awarded VFA funding. Paper checks will no longer be mailed. If received, a VFC grant is an award of Federal financial assistance (CFDA # 10.664) and is subject to the OMB guidance in subparts A through F of 2 CFR Part 200 as adopted and supplemented by USDA in 2 CFR Part 400. Adoption by USDA of the OMB guidance in 2 CFR 400 gives regulatory effect to the OMB guidance in 2 CFR 200 where full text may be found. Electronic copies of the CFRs can be obtained at the following internet site: www.ecfr.gov. Sincerely, Sarah Saarloos Fire Staff Officer State of Alaska - DNR Division of Forestry (c) 907-301-0971 Sarah. saarlooskalaska.gov Resolution No. FY2025-15, Authorizing The Manager To Accept The 2025 Vol... Page 127 of 184 AGENDA ITEM #14.B.2. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2025-16, Adopting A State Legislative Capital Improvement Projects Priority List for the 2025 Legislative session ORIGINATOR: Aimee Williams, Borough Manager RECOMMENDATION: Move to adopt Resolution No. FY2025-16. DISCUSSION: Each year the Kodiak Island Borough approves a capital improvement project list that contains project suggestions from across the archipelago. The process starts in the Community Development Department when they send out notifications to start the process and get projects ready to be submitted to the Planning & Zoning Commission. The Planning & Zoning Commission then forwards the a project list to the KIB Assembly to be reviewed, edited if necessary, and then passed by resolution. This list is then sent to our state delegation to designate the priorities for the calendar year. Clerk's note: At the February 13, 2025, work session, the Assembly reviewed this resolution and changes were proposed. A revised version of the resolution is included in the packet, which incorporates the amendments proposed from the City of Kodiak concerning the St. Herman Harbor Infrastructure Replacement Project (green text) and the Rehabilitation of Kodiak Island Borough Park (blue text). ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2025-16, Adopting A State Legislative Capital Improveme... Page 128 of 184 AGENDA ITEM #14.B.2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 CORRECTED COPY KODIAK ISLAND BOROUGH RESOLUTION NO. FY2025-16 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2025 LEGISLATIVE SESSION WHEREAS, the Kodiak Island Borough represents approximately 12,721 residents of the Kodiak Island Archipelago living in six incorporated cities and one community governed by a tribal council government per the Alaska Department of Labor and Work Force Development; and WHEREAS, a Borough —wide capital improvement program has been adopted by the Kodiak Island Borough Planning and Zoning Commission which identifies major needs of the island community for the next five years; and WHEREAS, the Kodiak Island Borough Assembly has reviewed the borough -wide capital improvement program adopted by the Planning and Zoning Commission and identified major projects to submit to the Alaska Governor, State Legislative Delegation, and Federal Legislative Delegation for funding consideration. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: The Kodiak Island Borough's State Legislative capital improvement project priorities (unranked) for the 2025 legislative session are as follows: • Kodiak Wastewater Treatment Plant Facility Estimated Project Cost $1,900,000 Funding Acquired $100,000 Needed Funds $1,800,000 The City of Kodiak provides water and sewer services to the Kodiak Island Borough residences and businesses that are located adjacent to City of Kodiak boundaries. The City of Kodiak treatment plant operates under an Alaskan Department of Environmental Conservation (ADEC) APDES permits. The first phase of a larger project to upgrade the City of Kodiak Wastewater Treatment Plant to evaluate the facility for immediate system's needs. The last major maintenance upgrades to the facility was in 1999. The condition and evaluation assessment included all major components within the plant interior and exterior, the outbuildings and three aeration basins; including all mechanical equipment needs. Alaska Pollutant Discharge Elimination System (APDES) permitting requirements were included Resolution No. FY2025-16 Page 1 of 8 Corrections to the version presented at the work session: Green Text — City of Kodiak and Blue text — requested by Mayor Arndt Resolution No. FY2025-16, Adopting A State Legislative Capital Improveme... Page 129 of 184 AGENDA ITEM #14.B.2. 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 during this assessment. Included in the facility rebuild assessment is the supervisory control and data acquisition (SCADA) system to interface with the 34 sewer lift station pumps and waste treatment at the facility. This facility, with its labyrinth of connecting sewer lines, directly serves 2667 City of Kodiak and Kodiak Borough households including commercial businesses. The treatment plant also serves the U.S. Kodiak Coast Guard Base and the Pacific Spaceport Complex indirectly with our certified laboratory testing and waste disposal; not to mention NOAA vessels, the Alaska Marine Highway vessels and the expanding cruise ship industry stopovers in our Kodiak Harbors. The Kodiak Island Borough supports the City of Kodiak request for Federal funding in the amount of $1.9M to begin design efforts leading to the construction of this critical infrastructure Wastewater Treatment Plant project that will support the wastewater needs of the community for the next twenty years. • St. Herman Harbor Infrastructure Replacement Phase 1 $10,000,000 St. Herman Harbor (SHH) was built by the State of Alaska in 1982 and has been a vital facility for Kodiak's large and diverse commercial fishing, logistics, and subsistence fleet for over 40 years. The State of Alaska turned over all state owned facilities in St. Herman Harbor to the City of Kodiak in 1999. The facility provides safe moorage for more than 400 vessels from local, other Alaskan communities and the West Coast. With the exception of a few minor upgrades over the years, and annual maintenance the original float system is beyond its useful life and is in need of replacement. The proposed project would result in the reconstruction of St. Herman Harbor with the replacement of most of its float system in two phases. Currently, the harbor has been losing use of multiple floats per year due to aging and the saltwater elements, and increased storm activity, both in frequency and severity. Any float loss results in 2 vessel berths along with the revenue generated for the harbor. This rate of failure has increased exponentially in recent years as the existing docks further deteriorate. The latest inspection report shows many portions of the facility are in very poor condition. The forty -year -old float systems suffer from failing pilings, broken concrete decking, rotting walers and bull rails, and an outdated electrical system. These floats contain non -compliant electrical pedestals, failed fire suppression lines, no blackwater services and inconsistent potable water availability. In 2022, the City contracted with PND Engineers, Inc. (PND) to prepare a St. Herman Harbor Planning and Scoping Report that includes concept harbor layouts, cost estimates and construction phasing recommendations. The harbor replacement is scheduled in two phases, with the City funding of $1,900,000 to begin the project. Total estimated cost is at $73-99 million. Resolution No. FY2025-16 Page 2 of 8 Corrections to the version presented at the work session: Green Text — City of Kodiak and Blue text — requested by Mayor Arndt Resolution No. FY2025-16, Adopting A State Legislative Capital Improveme... Page 130 of 184 AGENDA ITEM #14.B.2. 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 ill 112 113 114 115 116 117 118 119 120 121 122 123 124 125 In the fall of 2024, the City was awarded a $11,250,000 grant from MARAD's Port Infrastructure Development Program to be used for phase one of the project. Phase one will see construction of a new "O" float with critically needed large vessel (100-foot plus) berthing, and a drive down dock capability. Initially, this float will be used to provide necessary berthing to facilitate the rebuild. Phase one is estimated at between $23-33 million. In 2023, Turnagain Marine Construction was awarded a competitive contract to complete preliminary design and environmental permitting for the harbor reconstruction with an estimated completion of early 2026. We would like to thank the Alaska Congressional Delegation for its support for this project with the Dept. of Transportation and MARAD. Pending in FY 2025 appropriations is $10 million in Congressionally Directed Spending in the Senate Transportation -Housing Urban Development Appropriations Bill for the St. Herman Harbor project. We would like to thank Senator Murkowski for requesting these funds. The funds would be used to fund additional design and construction costs for Phase 1. The City of Kodiak is requesting that the $10 million in Congressionally Directed Spending be retained in the final FY 2025 appropriations bill, or if not rolled over into FY 2026. • Service Area Roads Improvements and Paving Estimated Project Cost $6,000,000 Local Funds $1,200,000 Needed Funds $4,800,000 This project addresses the on -going need to improve portions of the roads in the Kodiak Island Borough's Road service areas: Service Area No. 1, Womens Bay Service Area, Bay View Road Service Area, and Monashka Bay Road Service Area. These roads connect residential neighborhoods with the greater Kodiak community. Paving projects will address main thoroughfares or busy neighborhood roads. Improvements to major drainage courses, installation of guard rails, and other identified road improvement needs may also be addressed with this funding. Priorities for expenditure of these funds are determined by the road service area boards. Local contributions to road improvements may be funded through local improvement districts where those in the district are taxed a proportion of the project cost. • Hospital Facility Sterilizer and Boiler Replacement Estimated Project Cost $10,000,000 Funding Acquired $0 Needed Funds $10,000,000 Resolution No. FY2025-16 Page 3 of 8 Corrections to the version presented at the work session: Green Text — City of Kodiak and Blue text — requested by Mayor Arndt Resolution No. FY2025-16, Adopting A State Legislative Capital Improveme... Page 131 of 184 AGENDA ITEM #14.B.2. 126 The Kodiak Island Borough owned hospital facility boilers and associated system components 127 are aging along with the facility. The system components that have been identified for major 128 repair or replacement include the oil -fired boilers, chiller unit, reverse osmosis water system, 129 steam generation equipment and sterilization equipment are in consideration. The oil -fired 130 boilers provide the major hydronic heating component for several associated systems at the 131 hospital facility. They include the production of facility heat, hot water and the hot water 132 component for conversion to steam via a steam generator that is distributed to the sterilizers 133 required for the hospital operations. The sterilizer equipment has been maintained at an 134 operational level. Due to the age of the existing equipment, increased frequent failures 135 associated with the steam generator and sterilization equipment has affected the operational 136 capacity of the hospital to the point where operating room availability is managed at times with 137 the functional capacity of the facility to ensure properly sterilized equipment. All of the system 138 components need to be evaluated for replacement timeframes as and of the individual 139 component failures may lead to services being suspended at the hospital facility. 140 141 City of Larsen Bay Reservoir Spill Way 142 Estimated Project Cost $1,200,000 143 Funding Acquired $0 144 Needed Funds $1,200,000 145 146 The water reservoir spill way in the community of Larsen Bay is eroding and is nearing failure. 147 This reservoir provides drinking water and hydroelectric power to the residents in the second- 148 class city on Kodiak Island's west side. The Kodiak Island Borough supports the second-class 149 City of Larsen Bay's request for funding assistance. 150 151 City of Port Lions Fire Station Insulation 152 Estimated Project Cost $35,000 153 Funding Acquired $0 154 Needed Funds $35,000 155 156 The fire station in the second-class City of Port Lions is not insulation which necessitates that 157 the fire truck be left empty of water during the winter months when temperatures drop below 158 freezing and limits the time and ability to respond to a fire related emergency. The City of Port 159 Lions requests funds for purchase and installation of building insulation materials. 160 161 Kodiak Island Borough Fire and Rescue: Phase 1 Design and Engineering Re: Fire 162 Station Renovation and Expansion FY25 163 Estimated Project Cost $312,000 164 165 The proposed project shall include the following in Phase 1: Full design and engineer workup 166 to include shovel ready plan set and accompanying specification documents. The scope of 167 the project may include renovation of certain existing areas of the original 1983 fire station Resolution No. FY2025-16 Page 4 of 8 Corrections to the version presented at the work session: Green Text — City of Kodiak and Blue text — requested by Mayor Arndt Resolution No. FY2025-16, Adopting A State Legislative Capital Improveme... Page 132 of 184 AGENDA ITEM #14.B.2. 168 building and training facility addition. The scope may further include expanding the footprint 169 and square footage of the original 1983 fire station building to include additional space capable 170 of sustaining the current response and service delivery model in keeping with an established 171 30 year strategic/fiscal plan. The expansion shall include additional square footage to the rear 172 of the existing kitchen, lavatory, and mechanical space and second floor living space. The 173 expansion may include space designed to support additional/upgraded lavatories and shower 174 facilities along with sleeping accommodations for volunteer duty officers/firefighters and 175 additional living and storage space to the second floor. Necessary code compliance work to 176 the existing structure shall be included in this project scope. 177 178 Kodiak Community Health Center Expansion 179 Estimated Total Project Cost $25,850,000 180 Funding acquired $8,317,901 181 Estimated Design Cost $1,200,000 182 Needed Funds $1,200,000 183 184 The Kodiak Community Health Center (KCHC) is currently housed within the Kodiak Island 185 Borough owned hospital facility and co -located with Providence Kodiak Island Medical Center. 186 KCHC is in need of increasing the clinic space and is planning an expansion project. Due to 187 various changes in the community in the past five years, patient and provider counts have 188 increased and pushed this organization to the maximum of their space limitations. 189 Additionally, an increase in patient population is expected to coincide with a local US Coast 190 Guard base increase in employees and their families in the next few years. 191 192 With appropriate funding KCHC proposes to expand and improve the clinic space and 193 continue to provide needed services in the Kodiak community. KCHC has acquired funding in 194 the amount of $8.3 million toward this project, however design activities are not eligible within 195 this funding. KCHC is seeking design funds in order to move forward with the project and will 196 continue fund raising efforts for the balance needed. 197 198 City of Old Harbor Septic Tank Replacement 199 Estimated Project Cost $100,000 200 Funding Acquired $0 201 Needed Funds $100,000 202 203 The Kodiak Island Borough supports the City of Old Harbor's request for funding to Install a 204 sewer septic tank in downtown Old Harbor which is a second-class city within the Kodiak 205 Island Borough. 206 207 Community of Karluk Water Tank Installation 208 Estimated Project Cost $250,000 209 Local Funds $0 Resolution No. FY2025-16 Page 5 of 8 Corrections to the version presented at the work session: Green Text — City of Kodiak and Blue text — requested by Mayor Arndt Resolution No. FY2025-16, Adopting A State Legislative Capital Improveme... Page 133 of 184 AGENDA ITEM #14.B.2. 210 Needed Funds $250,000 211 212 The water holding tank in the community of Karluk has been condemned by the DEC. The 213 Karluk IRA Tribal Council has a new water tank sitting in the Native Village of Karluk. The 214 Kodiak Island Borough supports this request for funds to install the water tank for the water 215 distribution to this community that lies within the Kodiak Island Borough. 216 217 City of Larsen Bay Equipment Repairs and Maintenance 218 Estimated Project Cost $157,000 219 220 The City of Larsen Bay's existing equipment are all needing major parts and pieces maintained 221 and/or replaced. The City currently has a 1996 Caterpillar 12G Grader, a 2001 Caterpillar416 222 backhoe-Ioader4WD, and a 2001 Caterpillar D-4 Dozer. These pieces of equipment are vital 223 to the Community for water lines, power lines, road repairs, and maintenance, and is needed 224 to keep our city going. 225 226 Women's Bay Service District: South Russian Creek Road Repaving FY25 227 Estimated Project Cost $1,842,301.30 228 229 The roadway was originally paved circa 1985 using mostly federal financing under the 230 Intermodal Service Transportation Efficiency Act. Since that time the roadway has been 231 maintained by the Womens Bay Service District with taxes collected from the residents for 232 that purpose. The Service District mill rate is currently 2.5 mils which is the highest of all 233 service districts. The current budget has barely been sufficient to keep roads cleared of snow 234 and ice and also maintain the 12 miles of road in the district. Over the years the maintenance 235 for the South Russian Creek Road paved area has increased as the asphalt has deteriorated 236 and at this time maintenance attempts are becoming futile and exponentially more expensive. 237 The estimate from Brechan Construction, LLC to repave the roadway is $1,842,301.30. If the 238 road is repaved, it would reduce the overall maintenance costs and allow the service district 239 to re -allocate money to other needed projects. 240 241 City of Port Lions Water Distribution System Replacement 242 Estimated Project Cost $8,000,000 243 Funding Acquired $0.00 244 Needed Funds $8,000,000 245 246 The original water and sewer distribution system for our community was built after the 1964 247 Good Friday earthquake and tsunami forced the displaced residents of Afognak to relocate in 248 what is now known as Port Lions. In 1964, a new system was installed. However, the 249 contractor did not complete the job correctly. Many homes were not connected to the new 250 system and many homes were connected incorrectly. The now connected system is 251 considered aged out because it is over twenty-five years old. The City of Port Lions Public 252 Works crew constantly has a list of leaks and blockages to repair. In some places the system 253 is beyond repair. They are consistently over budget for water and sewer utility due to the 254 unexpected expense of purchasing parts and paying their crew to repair and replace section 255 of the distribution system. The outdated system drastically hinders community expansion 256 efforts. The City of Port Lions is working closely with the Alaska Native Tribal Health Resolution No. FY2025-16 Page 6 of 8 Corrections to the version presented at the work session: Green Text — City of Kodiak and Blue text — requested by Mayor Arndt Resolution No. FY2025-16, Adopting A State Legislative Capital Improveme... Page 134 of 184 AGENDA ITEM #14.B.2. 257 Consortium (ANTHC) for replacement project to be included in their funding pipeline as soon 258 as possible. 259 260 City of Larsen Bay: Water Distribution Lines 261 Estimated Project Cost $7,000,000 262 263 The City of Larsen Bay has a problem of leaks in the distribution system. They have a loss of 264 40,000 gallons of water every 24 hours, 7 days a week. They have fixed all the leaks they 265 could find. In the summer, they have a hard time keeping up with the water usage. 266 267 City of Larsen Bay: Upgrade City Hall 268 Estimated Project Cost $700,000 269 270 The City Hall building houses the Senior Center, Teen Center, Library, City Market, and City 271 offices. The building was originally built in 1985 and need numerous repairs. The kitchen in 272 the Senior Center is outdated, and cabinets are falling off. The entire building needs to be 273 rewired, replace light switches, outlets, flooring, windows, and doors. The roof needs repairs 274 and is unstable due to water damage. The inside and outside needs to be completely 275 repainted. The restrooms need to be updated and redesigned. All new plumbing needs to be 276 installed. 277 278 Native Village of Karluk: Karluk Community Food Security Project FY25 279 Estimated Project Cost $139,444 280 281 The community of Karluk is requesting to construct two community greenhouses on land 282 owned by the tribe. The project is clear and significant priority for Karluk as food is limited. 283 Global warming is changing the ocean environment and impacting subsistence. Food is flown 284 to the community by small plane that are often delayed by weather and the cost is prohibitively 285 high and the food is mostly shelf stable, meaning highly processed and not the appropriate 286 food for the tribe. Karluk does not have gasoline for sale so the cost of subsistence has 287 become prohibitively high and harvesting subsistence fish and game by ATV or boat is nearly 288 impossible. 289 290 The Covid-19 pandemic emphasized the importance of food sovereignty for this remote 291 community. During the pandemic, supply chains were interrupted and the price for many 292 goods increased greatly. As remote as they are with high costs already, interruptions to supply 293 chains and increased prices were nearly impossible for the village to handle. Because of this, 294 they have renewed their efforts to grow fresh vegetables and fruits as they work to provide 295 consistent and traditional food for the village. 296 297 The proposed project is to purchase and construct two community greenhouses on land 298 owned by the tribe. The proposed site is Karluk Subdivision Tract C, Plat Number 78-16. The 299 tribe will be responsible for the upkeep and maintenance of the greenhouses. The 300 greenhouses will be constructed with guidance from the Alaska Energy Authority Biomass- 301 Heated Greenhouses: A Handbook for Alaskan Schools and Community Organizations and 302 the University of Alaska Fairbanks Master Gardener program; a Master Gardener assisted 303 Karluk with the development of this proposal. The two greenhouses will be 25' x 48' x 12.5, 304 made with heavy-duty galvanized steel frame and 10 mm double -wall polycarbonate panels, Resolution No. FY2025-16 Page 7 of 8 Corrections to the version presented at the work session: Green Text — City of Kodiak and Blue text — requested by Mayor Arndt Resolution No. FY2025-16, Adopting A State Legislative Capital Improveme... Page 135 of 184 AGENDA ITEM #14.B.2. 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 2 doors and 2double-door gates (one on each end), and an arched design allows wind, snow and hail to slide off. The greenhouse will support a snow load of 480 kg/m (98 pso and is wind -resistant up to 24m/s for high stability. The greenhouse is an expandable design. The greenhouses will use a biomass boiler to heat the interior of the greenhouse each spring when they begin planting. This project will also include the purchase of shelving and supplies including soil, fertilizer, water equipment, pots and stakes. The cost of freight to Karluk from Wasilla and the cost to assemble the greenhouse is also included in the cost estimate. Greenhouses are priced $29, 500 each and the boilers are priced at $8432 each. Shelving and supplies is estimated at $3,000. The total cost of materials is $78,864. Freight is estimated at 50% ($39,432) and a contingency is included of 15% to offset any increase in cost ($11,830). Total material cost is estimated at $130,126. The cost of assembling the greenhouse is estimated at 80 hours for three laborers at $35 per hour ($8,400) plus fringe at 10.93% ($918). The total project cost is $139,444. The greenhouse will provide access to fresh healthy food which is at this time either unavailable or prohibitively expensive and will improve the quality of life for all the residents of Karluk. • Rehabilitation of Kodiak Island Borough Park Estimated Project Cost $300,000 Funding Acquired $150,000 Needed Funds $150,000 Kodiak Island Borough has started a multi -year project to upgrade end of life playground equipment, benches, picnic tables, and basketball courts. This project aims to provide multiple areas for outdoor recreation in multiple areas across the borough. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2025 KODIAK ISLAND BOROUGH ATTEST: Scott Arndt, Borough Mayor Nova M. Javier, MMC, Borough Clerk VOTES: Ayes: No: Resolution No. FY2025-16 Page 8 of 8 Corrections to the version presented at the work session: Green Text — City of Kodiak and Blue text — requested by Mayor Arndt Resolution No. FY2025-16, Adopting A State Legislative Capital Improveme... Page 136 of 184 AGENDA ITEM #14.B.3. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2025-17, Identifying Federal Project And Program Priorities For Federal Fiscal Years 2025 And 2026 ORIGINATOR: Aimee Williams, Borough Manager RECOMMENDATION: Move to adopt Resolution No. FY2025-17. DISCUSSION: Each year the Kodiak Island Borough approves a capital improvement project list that contains project suggestions from across the archipelago for our federal delegation. The process starts with KIB collaborating with our federal lobbyist, Sebastian O'Kelly. After we meet with the lobbyist, he prepares a draft CIP list which is then discussed, edited if necessary, and passed by the Assembly with a resolution. Clerk's note: At the February 13, 2025, work session, the Assembly reviewed this resolution and changes were proposed. A revised version of the resolution is included in the packet, which incorporates the amendments proposed from the City of Kodiak concerning the St. Herman Harbor Infrastructure Replacement Project (green text) and proposed wording from Assembly member Griffin (blue text). ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: The federal CIP list is the guiding document for any lobbying efforts done in Washington DC. Kodiak Island Borough Resolution No. FY2025-17, Identifying Federal Project And Program Priori... Page 137 of 184 AGENDA ITEM #14.B.3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 CORRECTED COPY KODIAK ISLAND BOROUGH RESOLUTION NO. FY2025-17 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH IDENTIFYING FEDERAL PROJECT AND PROGRAM PRIORITIES FOR FEDERAL FISCAL YEARS 2025 AND 2026 WHEREAS, the Alaska Congressional Delegation has requested the views of the Kodiak Island Borough on which Federal projects and programs should be considered priorities, in no particular order, for rural Alaskan communities and their residents. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Kodiak Island Borough's views and recommendations on priority Federal programs and projects for FY 2026 are as follows: 1. FY 2026 Community Project/Congressionally Directed Spending Requests: The Borough submits the following FY 2026 community project/Congressionally directed spending requests, consistent with guidance issued by the House and Senate Appropriations Committees. • St. Herman Harbor Infrastructure Replacement. (Phase 1 - $10,000,000). St. Herman Harbor (SHH) was built by the State of Alaska in 1982 and has been a vital facility for Kodiak's large and diverse commercial fishing, logistics, and subsistence fleet for over 40 years. The State of Alaska turned over all state owned facilities in St. Herman Harbor to the City of Kodiak in 1999. The facility provides safe moorage for more than 400 vessels from local, other Alaskan communities and the West Coast. With the exception of a few minor upgrades over the years, and annual maintenance the original float system is beyond its useful life and is in need of replacement. The proposed project would result in the reconstruction of St. Herman Harbor with the replacement of most of its float system in two phases. Currently, the harbor has been losing use of multiple floats per year due to aging and the saltwater elements, and increased storm activity, both in frequency and severity. Any float loss results in 2 vessel berths along with the revenue generated for the harbor. This rate of failure has increased exponentially in recent years as the existing docks further deteriorate. The latest inspection report shows many portions of the facility are in very poor condition. The forty - year old float systems suffer from failing pilings, broken concrete decking, rotting walers and bullrails, and an outdated electrical system. These floats contain non -compliant electrical pedestals, failed fire suppression lines, no blackwater services and inconsistent potable water availability. Resolution No. FY2025-17 Page 1 of 6 Corrections to the version presented at the work session: Green Text — City of Kodiak and Blue text — Assembly member Griffin Resolution No. FY2025-17, Identifying Federal Project And Program Priori... Page 138 of 184 AGENDA ITEM #14.B.3. 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 In 2022, the City contracted with PND Engineers, Inc. (PND) to prepare a St. Herman Harbor Planning and Scoping Report that includes concept harbor layouts, cost estimates and construction phasing recommendations. The harbor replacement is scheduled in two phases, with the City funding of $1,900,000 to begin the project. Total estimated cost is at $73-99 million. In the fall of 2024, the City was awarded a $11,250,000 grant from MARAD's Port Infrastructure Development Program to be used for phase one of the project. Phase one will see construction of a new "O" float with critically needed large vessel (100-foot plus) berthing, and a drive down dock capability. Initially, this float will be used to provide necessary berthing to facilitate the rebuild. Phase one is estimated at between $23-33 million. In 2023, Turnagain Marine Construction was awarded a competitive contract to complete preliminary design and environmental permitting for the harbor reconstruction with an estimated completion of early 2026. We would like to thank the Alaska Congressional Delegation for its support for this project with the Dept. of Transportation and MARAD. Pending in FY 2025 appropriations is $10 million in Congressionally Directed Spending in the Senate Transportation -Housing Urban Development Appropriations Bill for the St. Herman Harbor project. We would like to thank Senator Murkowski for requesting these funds. The funds would be used to fund additional design and construction costs for Phase 1. The City of Kodiak is requesting that the $10 million in Congressionally Directed Spending be retained in the final FY 2025 appropriations bill, or if not rolled over into FY 2026. Russian River Erosion Control Project: Over a number of years, the Russian River has experienced significant erosion due to flooding, shifts in and bifurcation of river channels, and increased sedimentation. This erosion in areas has reached the point where it is damaging and will further damage public and private property in the Bells Flats neighborhood in the Borough. This threat extends to homes, public and private land that borders the Russian River, and a public road which is the only road access into and out of a neighborhood. The Borough needs the Corps' expertise to develop both short and long-term solutions to mitigate this threat to this important and vital community on Kodiak Island. Additionally, given the increasing threat of extreme weather events and the importance of federal disaster support, the continued presence of FEMA is crucial to ensuring long-term resilience for neighborhoods affected by flood -related damage. The Corps has informed us that this early study work would cost $200,000 through its Flood Plain Management Services Program. The Borough has indicated its interest with a formal request letter to the Corps; the next step in the process is to request CDS funding from Congress. 2. Broadband Service To Rural Areas: Establishing or improving broadband service to the Borough's rural communities has been a high Federal priority for us for many years. Access Resolution No. FY2025-17 Page 2 of 6 Corrections to the version presented at the work session: Green Text — City of Kodiak and Blue text — Assembly member Griffin Resolution No. FY2025-17, Identifying Federal Project And Program Priori... Page 139 of 184 AGENDA ITEM #14.B.3. 88 to reliable high-speed broadband is not only critical for economic development but also 89 essential for emergency preparedness and disaster response. FEMA, for instance, relies on 90 robust communication networks to provide real-time disaster alerts, coordinate emergency 91 services and support community resilience in the face of earthquakes, tsunamis, and other 92 natural disasters that affect the Kodiak Island Borough. Deployment of high-speed broadband 93 to rural areas continued in FY 2025 through a mix of Federal programs provided through the 94 American Rescue Plan Act, the Bipartisan Infrastructure Law and regular annual Federal 95 appropriations. The primary sources of funding have been or will be through NTIA's Tribal 96 Broadband Program; USDA's Telecommunications Infrastructure Loan Program & 97 Community Connect Grant Program; and the State Broadband Grants Program created by 98 the Bipartisan Infrastructure Law. We support continued rollout of these programs in FY 2026 99 and any broadband applications/projects submitted that would expand or improve service to 100 our Island communities. 101 102 3. Groundfish Surveys: Our Federal resolutions over the years have consistently called for 103 maintenance of effort of Federal groundfish trawl surveys in Alaska. This maintenance of effort 104 is needed as part of the Federal science and data -driven fishery management process to 105 establish sustainable groundfish quotas. It has been supported by the Alaska Congressional 106 Delegation for which we are appreciative. This baseline is for six surveys, one of which is 107 dedicated to movement of fish out of historical survey areas. That funding directive is included 108 in the Senate's FY 2025 appropriations bill funding NOAA. We respectfully request that six 109 Alaska groundfish trawl surveys be continued and funded in the final FY 2025 appropriations 110 bill, and for the FY 2026 funding cycle as well. 111 112 5. Russian Seafood Import Ban: The dumping of seafood products by Russia into the U.S. 113 and international markets has driven down the price of Alaska seafood and hurt Alaska 114 harvesters, processors and fisheries -dependent communities like Kodiak. In March of 2023, 115 the Biden Administration issued an executive order to ban direct Russian seafood imports into 116 the U.S. as part of its sanctions for the Russian invasion of Ukraine. Unfortunately, Russia 117 succeeded in bypassing the sanctions by routing its seafood through reprocessing in and 118 export from China to the U.S. To tighten this loophole, in the Biden Administration issued 119 another Executive Order to further ban Russian imports even if it is processed and sold from 120 another country. Lastly, after a group of Alaska fishing interests attended a roundtable meeting 121 organized by Senator Sullivan this summer with the Secretary of Commerce, the Biden 122 Administration raised the issue at the next European Union ministerial to urge E.U. member 123 nations to similarly ban Russian seafood imports. The E.U. issued a communique after the 124 meeting indicated that it would examine the issue in greater depth. We thank the Delegation 125 for earlier introducing legislation to ban these dumping efforts and for pressing the Biden 126 Administration to take action and urge that continuity of effort extended into the new Trump 127 Administration. Over the coming year, we encourage the Delegation to remain vigilant to 128 ensure that Russia does not find other ways to bypass the ban through re-routing seafood 129 through other third -party countries. 130 Resolution No. FY2025-17 Page 3 of 6 Corrections to the version presented at the work session: Green Text — City of Kodiak and Blue text — Assembly member Griffin Resolution No. FY2025-17, Identifying Federal Project And Program Priori... Page 140 of 184 AGENDA ITEM #14.B.3. 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 6. Fisheries Disaster Relief: Congress has enacted fisheries disaster relief reform legislation -- the Fishery Resource Disasters Improvement Act -- that qualifies local government loss of raw fish tax revenues as eligible for reimbursement from future Federal fisheries disaster relief funding. This provision is not mandatory and would require the State of Alaska to include foregone fish taxes as part of its fisheries disaster relief expenditure plans submitted to NOAA. We request the Delegation continue to support adequate appropriations for recent and future approved disaster declarations impacting Kodiak's fisheries. FEMA, too, has been a key partner in disaster recovery for supply chain disruptions and infrastructure damage following extreme weather events in the US, so we ask for support for the availability of FEMA resources when needed to help local fishermen and seafood -dependent communities to recover from federally declared disasters. We thank the Delegation for its support of $300 million in fisheries disaster relief included in the recently enacted Continuing Resolution. North Pacific Observer Program: Observers are an important part of managing the halibut and groundfish fisheries in the Gulf of Alaska. Gulf of Alaska fishery participants pay into the North Pacific Observer Fund to cover the costs of "partial coverage" for Gulf fishing sectors but there has been a shortfall in funding to cover observer costs in recent years. While Congress did not include the increase in funding for the program that the Borough requested in the FY 2025 appropriations bills, it did include instructions to mitigate the cost impacts on the small vessel fixed gear fleet while the fishery undergoes the transition to electronic monitoring and reporting. We request that an additional $2 million in funding be provided in FY 2026 above base funding along with carryover of language concerning the cost -burdens on the fleet. U.S. Coast Guard Base -- Kodiak: In recent years, the Coast Guard and Congress has dedicated significant funding for base infrastructure projects, including housing and shoreside infrastructure, to be ready for homeporting the two new each Offshore Patrol and Fast Response Cutters. We very much appreciate the Coast Guard's and Delegation's strong support for these projects and the cutters' homeporting in Kodiak. The Borough is also very interested in Kodiak being a homeport for a new Polar Security Cutter(s) — the Coast Guard's next generation icebreaker -- but we recognize that water depth in Womens Bay cannot support such a deep draft vessel. The Borough supports other locations for a possible icebreaker including an effort by the City to seek Army Corps of Engineers construction of a breakwater and future deep draft dock off Near Island. We urge the Delegation to support that project and be an advocate for Kodiak as a future homeport for a PSC(s). We recognize that there are cost increases and delays in the PSC program, which is not unusual in new major Federal procurements, but appreciate the Delegation's continued support for PSC funding. Lastly, the Senate version of the FY 2025 National Defense Authorization Act (NDAA) again included a provision that would have included the Coast Guard in the Defense Community Infrastructure Program, thus making local infrastructure projects like renovating our elementary school eligible for DCIP funding, but unfortunately the provision was again dropped from the final bill due to opposition from the House Armed Services Committees over use of DOD funding for projects from another Department. We urge the Delegation to revive Resolution No. FY2025-17 Page 4 of 6 Corrections to the version presented at the work session: Green Text — City of Kodiak and Blue text — Assembly member Griffin Resolution No. FY2025-17, Identifying Federal Project And Program Priori... Page 141 of 184 AGENDA ITEM #14.B.3. 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 the effort for FY 2026, either as part of the FY 2026 NDAA, or creation of a stand-alone Coast Guard project dedicated program as part of the biennial Coast Guard Authorization Bill. 9. Payment -In -Lieu -of -Taxes (PILT): PILT is a very important revenue source to the Borough, given that there are over 2.8 million acres removed by the Federal Government from local taxation within our boundaries. This is land that would otherwise be available to the private sector to develop, creating jobs for the residents of Kodiak and our rural Kodiak Island communities. PILT funds supplement Borough resources to provide basic social services, including medical facilities, emergency fire and rescue services, roads, and schools to our island communities. These services are often called upon during federally declared disasters, where FEMA plays a crucial role in coordinating relief efforts. The pending FY 2025 appropriations bills provide full funding for PILT. We thank the Delegation for its long-standing support for PILT and urge continued support for full funding in FY 2026. 10. National Wildlife Refuge Fund ("Refuge Revenue Sharing"): While not as significant as PILT, the National Wildlife Refuge Fund is a critical source of replacement revenue to communities like ours that have the presence of a large Federal wildlife refuge within their boundaries. The Obama, Trump, and Biden Administrations have all sought to terminate appropriations for the Fund but thankfully Congress has rejected these requests, including level funding for the Fund in the pending FY 2025 appropriations bills. The Kodiak Island Borough opposes the termination of appropriations for this important program. The Borough thanks the Delegation for its on -going support and seeks continued level funding in FY 2026. 11. Essential Air Service (EAS): The Borough's communities are highly reliant on the EAS program, its support to air carriers and its requirements for island community service that otherwise wouldn't exist or would be provided at much higher rates. FEMA, for instance, has historically depended on EAS-supported carriers to transport disaster response teams, medical supplies, and emergency relief resources. In 2024, Congress passed a five-year reauthorization of the FAA, including a five-year extension of EAS. We thank the AK Congressional Delegation for its support of this important legislation and historical support for EAS. The Borough wants to reiterate the need for that support in annual appropriations for the program and requests full funding in FY 2026. 12. U.S. Military Arctic Presence: The Borough appreciates the Delegation's sustained effort at urging and directing the Department of Defense to further examine the Arctic's strategic interest to the U.S. Russia and China continue to aggressively push their security interests in the region as evidenced in recent years by the joint convoys of their military vessels that entered the U.S. EEZ in the Bering Sea as well as aggressive Russian flight incursions into Alaska -area air space. As has been included in our past Resolutions, selection of Kodiak as a potential military base or staging area as the U.S. expands its security presence in the Arctic is a long-term goal for the Borough. We understand this is a multi -year effort, but the Borough urges that Kodiak stay under consideration with the Delegation and Department of Defense for future Arctic security investment. Resolution No. FY2025-17 Page 5 of 6 Corrections to the version presented at the work session: Green Text — City of Kodiak and Blue text — Assembly member Griffin Resolution No. FY2025-17, Identifying Federal Project And Program Priori... Page 142 of 184 AGENDA ITEM #14.B.3. 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Kodiak Island Borough administration is hereby instructed to advise Congress, and the appropriate agencies of the United States Federal Government of the Capital Improvement Program and other Federal program priorities adopted by the Kodiak Island Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2025. KODIAK ISLAND BOROUGH ATTEST: Scott Arndt, Borough Mayor Nova M. Javier, MMC, Borough Clerk VOTES: Ayes: Noes: Resolution No. FY2025-17 Page 6 of 6 Corrections to the version presented at the work session: Green Text — City of Kodiak and Blue text — Assembly member Griffin Resolution No. FY2025-17, Identifying Federal Project And Program Priori... Page 143 of 184 AGENDA ITEM #14. C.1. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2025-02A, Amending Ordinance No. FY2025-02, Fiscal Year 2025 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects ORIGINATOR: Dora Cross, Finance Director RECOMMENDATION: Move to advance Ordinance No. FY2025-02A to public hearing at the next regular assembly meeting. DISCUSSION: This ordinance presents the net changes for additional funding requests which occurred during the current fiscal year for items or circumstances not known or expected during the initial creation of the FY2025 Budget or project estimates. Funds (not including Capital Project funds) Funds are accounts established to account for the revenues and expenditures of money with a specified purpose. The following funds are being changed with this budget amendment: Fund Net Increase/(Decrease) 100 General Fund ($20,000) 530 Solid Waste Collection & Disposal ($227,948) 540 Hospital Facility $704,020 555 Kodiak Fisheries Research Center $82,335 Projects (within Capital Project Funds) Since most projects cover multiple years, the Borough does not create annual budgets for them. Instead, each project budget is developed when the project is originated. Throughout the life of a project, the scope of work, deadlines and the need for money may need to be amended. The projects being amended by this budget amendment are: Capital Project Fund/Project # 415 / #25007 426 / #19003 426 / #20004 Project Name Fisheries Development Seawater Storage & Filter Vessels Exterior to the KFRC 490 / #18005 Baler Building UST Removal 490 / #19012 Leachate Aeration/LTP Pretreatment Upgrades 495 / #20006 Structural Analysis & Project List Development 497 / #21000 Fire Alarm Replacement & Net Increase/(Decrease) $20,000 ($30,000) ($52,335) ($22,052) $250,000 ($11,538) ($692,482) Kodiak Island Borough Ordinance No. FY2025-02A, Amending Ordinance No. FY2025-02, Fiscal Year ... Page 144 of 184 AGENDA ITEM #14. C.1. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2025 ASSEMBLY REGULAR MEETING Upgrade ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2025-02A, Amending Ordinance No. FY2025-02, Fiscal Year ... Page 145 of 184 AGENDA ITEM #14. C.1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2025-02A AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING ORDINANCE NO. FY2025-02, FISCAL YEAR 2025 BUDGET, BY AMENDING BUDGETS TO ACCOUNT FOR VARIOUS REVENUES THAT ARE OVER BUDGET, PROVIDING FOR ADDITIONAL EXPENDITURES, AND MOVING FUNDS BETWEEN PROJECTS WHEREAS, staff requests a transfer of $20,000 from the General Fund — Economic Development department to the Capital Project fund — Fisheries Development project for future use; and WHEREAS, staff requests a return of $30,000 from the Capital Project Fund - Seawater Storage & Filter Vessels project to the Kodiak Fisheries Research Center (KFRC) fund due to a change in project direction; and WHEREAS, staff requests a return of $52,335.45 from the Capital Project Fund — Exterior to the Kodiak Fisheries Research Center (KFRC) project due to the completion of the design phase of the project; and WHEREAS, staff requests a return of $11,537.95 from the Capital Project Fund — Structural Analysis & Project List Development project to the Hospital fund due to the completion of the project; and WHEREAS, staff requests a return of $692,482 from the Capital Project Fund — Fire Alarm Replacement & Upgrade project to the Hospital fund due to a change in project direction; and WHEREAS, staff requests a return of $22,051.51 from the Capital Project Fund —Baler Building UST Removal and Replacement project to the Solid Waste Collection & Disposal fund due to completion of project; and WHEREAS, staff requests a transfer of $250,000 from the Solid Waste Collection & Disposal fund to the Capital Project Fund — Leachate Aeration/LTP Pretreatment Upgrades project for additional work on upgrades. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Section 2: The following budget amendments are made, and supplemental appropriations are approved: Ordinance No. FY2025-02A Page 1 of 2 Ordinance No. FY2025-02A, Amending Ordinance No. FY2025-02, Fiscal Year ... Page 146 of 184 AGENDA ITEM #14. C.1. 47 Transfer Appropriations: 48 49 Effective Date: This ordinance takes effect upon adoption. 50 51 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 52 THIS DAY OF 2025 53 54 KODIAK ISLAND BOROUGH ATTEST: 55 56 57 58 Scott Arndt, Borough Mayor Nova Javier, MMC, Borough Clerk 59 60 Introduced by: Borough Manager 61 First reading: 62 Second reading/public hearing: 63 64 VOTES: 65 Ayes: 66 Noes: 67 Ordinance No. FY2025-02A Page 2 of 2 Fund — Department Transferring Out Fund — Department/Project Transferring in Transfer Amount 100 General Fund, fund balance 415 Capital Projects / #25007 $ 20,000.00 426 Capital Projects / #19003 555 KFRC $ 30,000.00 426 Capital Projects / #20004 555 KFRC $ 52,335.45 495 Capital Projects / #20006 540 Hospital $ 11,537.95 497 Capital Projects / #21000 540 Hospital $ 692,482.00 490 Capital Projects / #18005 530 Solid Waste Collection &Disposal $ 22,051.51 530 Solid Waste Collection & Disposal 490 Capital Projects / #19012 $ 250,000.00 Ordinance No. FY2025-02A, Amending Ordinance No. FY2025-02, Fiscal Year ... Page 147 of 184 AGENDA ITEM #14.D.1. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Authorization For The Borough Manager To Sign and Submit The Request Of Hearing Form To Appeal The Decision Of The Alcoholic Beverage Control (ABC) Board Denying The Kodiak Island Borough's Protest Of The Continued Operation Of Restaurant Or Eating Place License (REPL) No. 2611 ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to authorize the Borough Manager to sign and submit the Request for Hearing form to appeal the decision of the ABC Board denying the Kodiak Island Borough's protest of the continued operation of REPL No. 2611. DISCUSSION: The ABC Board considered the Kodiak Island Borough's protest of the continued operation of REPL No. 2611 at its February 4, 2025, meeting for reasons stated in the attached letter. The Borough has an opportunity to appeal the ABC Board's decision by authorizing the Borough Manager to sign and submit the Request for Hearing Form. The failure to request a hearing constitutes a waiver of the Borough's right to hearing. ALTERNATIVES: Fail the motion. FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Authorization For The Borough Manager To Sign and Submit The Request Of ... Page 148 of 184 AGENDA ITEM #14.D.1. THE STATE Department of Commerce, Community, and Economic Development °fALASKA ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7' Avenue, Suite 1600 GOVERNOR MIKE DUNLEAVY Anchorage, AK 99501 Main: 907.269.0350 February 13, 2025 Kodiak Island Borough Office of the Borough Mayor 710 Mill Bay Road Kodiak, Alaska 99615 Via email: clerks(a,kodiakak.us RE: Notice of decision denying protest of restaurant eating place license 2611 Mr. Mayor Scott Arndt: The Alcoholic Beverage Control Board (Board) considered the Kodiak Island Borough's (Borough) protest of the continued operation of restaurant eating place license 2611 at its February 4, 2025, meeting. The Board determined that the Borough could not protest the continued operation of restaurant eating place license 2611 because the City of Kodiak had already filed a protest, which is currently pending in front of the Office of Administrative Hearings. Under AS O4.11.480(e), "if the location or proposed location of a license is within the boundaries of more than one local government, each local governing body may protest the issuance, renewal, relocation, or transfer of a license. " (italics added). This list excludes "continued operation" from the types of protest that each local governing body may file. Note that the legislature has referred to "continued operation" six times throughout AS O4.11.480(a) and (c). The Board denied the Borough's protest of the continued operation because it was secondary to the City of Kodiak's protest of continued operation. The Borough may request a hearing on the decision to deny the protest by submitting a request for a hearing not more than 15 days after this notice of decision is served. A template is provided for your convenience, but any request that you make must be in writing, signed by a public official at the Borough, and state your mailing address. The failure to request a hearing constitutes a waiver of your right to a hearing. Respectfully, Jane P. Sawyer Program Coordinator 2, Alcohol and Marijuana Control Office Jane.sawyer(&alaska.gov and amco.localgovemmentonly(&alaska.jzov Authorization For The Borough Manager To Sign and Submit The Request Of ... Page 149 of 184 AGENDA ITEM #14.D.1. BEFORE THE ALASKA ALCOHOLIC BEVERAGE CONTROL BOARD In the matter of the protest of continued ) operations filed by: ) Kodiak Island Borough ) Restaurant Eating Place License #2611 ) Agency No. 25-2611-KIB REQUEST FOR HEARING The Alcoholic Beverage Control Board, Alcohol and Marijuana Control Office has denied the Kodiak Island Borough's protest of the continued operations of restaurant eating place license 2611. By (1) completing, (2) signing, and (3) filing this document, I am requesting a formal hearing on behalf of the Kodiak Island Borough. Name of Official: Mailing Address: Phone Email If applicable: Attorney/other: Mailing Address: Phone Email DATE: , 2025. Signature of El Official ❑ Attorney Authorization For The Borough Manager To Sign and Submit The Request Of ... Page 150 of 184 AGENDA ITEM #14.D.1. 7W Next Steps LAA Page 1 of 4 REPL #2611 Peking/Sizzler Restaurant License is renewed until 12/31 /25 Current license status: temporarily surrendered • August 1, 2024, Assembly voiced no objection to the 2024-2025 renewal • September 5, 2024, Assembly sent a revocation letter to AMCO/ABC Board (no action taken by ABC) • November 21, 2024, Assembly voiced protest to continued operation of REPL #2611 and directed the Clerk to notify the licensee of their right to defend their license at the next meeting • December 19, 2024, The Assembly provided an opportunity for the licensee to be heard. Assembly voiced protest to the continued operation of this license and requested for the revocation of the license. • February 4, 2025, ABC Board denied the KIB's protest because of AS O4.11.480(e). In AS O4.11.480 (a) it states the Borough may protest the continued operation of a license; however, in AS 04.11.480(e), the language does not contain the wording for "continued operation." • February 13, 2025, Received the notice of decision denying protest for the continued operation of REPL #2611 (see attached). Reasons stated are the following: 4. Because the City already filed a protest which is currently pending with the Office of Administrative Hearing. City is primary, Borough is secondary. Z AS O4.11.480(e) excludes "continued operation" from the types of protest that each of the local governing body may file. • The Kodiak Island Borough Assembly, by taking an action, may give direction to request a hearing on the ABC Board's decision to overrule the protest. • The Assembly may voice protest for the next renewal (2026-2027) of this license Authorization For The Borough Manager To Sign and Submit The Request Of ... Page 151 of 184 AGENDA ITEM #14.D.1. Section 04.11.480 - Protest (a) A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license, issuance, renewal, or transfer to another person of a license with one or more endorsements, or issuance of an endorsement by sending the board and the applicant a protest and the reasons for the protest 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 in no event may a protest cause the board to reconsider an approved renewal, relocation, or transfer. The local governing body may protest the continued operation of a license or endorsement during the second year of the biennial license period by sending the board and the licensee a protest and the reasons for the protest by January 31 of the second year of the license. The procedures for action on a protest of continued operation of a license or endorsement are the same as the procedures for action on a protest of a renewal application. The board shall consider a protest and testimony received at a hearing conducted under AS O4.11.510 (b)(2) or (4) when it considers the application or continued operation, and the protest and the record of the hearing conducted under AS O4.11.510 (b)(2) or (4) shall be kept as part of the board's permanent record of its review. If an application or continued operation is protested, the board shall deny the application or continued operation unless the board finds that the protest is arbitrary, capricious, or unreasonable. (b) If the permanent residents residing outside of but within two miles of an incorporated city or an established village wish to protest the issuance, renewal, or transfer of a license or a license with one or more endorsements within the city or village, they shall file with the board a petition meeting the requirements of AS O4.11.510 (b)(3) requesting a public hearing not later than 30 days after the posting of notice required under AS O4.11.310, or by December 31 of the year application is made for renewal of a license. The board shall consider testimony received at a hearing conducted under AS O4.11.510 (b)(3) when it considers the application, and the record of a hearing conducted under AS O4.11.510 (b)(3) shall be retained as part of the board's permanent record of its review of the application. (c) A local governing body may recommend that a license be issued, renewed, relocated, or transferred, or that a license with one or more endorsements be issued, renewed, or transferred to another person, with conditions. The board shall consider recommended conditions and testimony received at a hearing conducted under AS O4.11.510 (b)(2) or (4) when it considers the application or continued operation, and the recommended conditions and the record of the hearing conducted under AS O4.11.510 (b)(2) or (4) shall be kept as part of the board's permanent record of its review. If the local governing body recommends conditions, the board shall impose the recommended conditions unless the board finds that the recommended conditions are arbitrary, capricious, or unreasonable. If a condition recommended by a local governing body is imposed on a licensee, the local governing body shall assume responsibility for monitoring compliance with the condition, except as otherwise provided by the board. (d) In addition to the right to protest under (a) of this section, a local governing body may notify the board that the local governing body has determined that a licensee has violated a provision of this title or a condition imposed on the licensee by the board. Unless the board finds that the local governing body's determination is arbitrary, capricious, or unreasonable, the board shall prepare the determination as an accusation against the licensee under AS 44.62.360 and conduct proceedings to resolve the matter as described under AS O4.11.510 (c). (e) If the location or proposed location of a license is within the boundaries of more than one local government, each local governing body may protest the issuance, renewal, relocation, or transfer of a license. eff. 1/1/2024. Page 2 of 4 Authorization For The Borough Manager To Sign and Submit The Request Of ... Page 152 of 184 AGENDA ITEM #14.D.1. REPL #2611 Peking/Sizzler Restaurant Date Timeline Borough Actions/City of Kodiak Actions February 17, AMCO Notice of renewal received for year 2020-2021 2020 March 15, AMCO only sent the renewal notice to the City of Kodiak. The Borough wasn't 2022 included in the email, even though the cover letter mentions that both the Borough and the City should have received it. Due to the lack of notice, the KIB missed the opportunity to investigate REPL 2611 for the license period 2022-2023. June 11, 2024 AMCO Notice of renewal received for 2024-2025 Respond by date: August 9, 2024 August 1, Assembly Voiced no Objection 2024 August 2, KIB Clerk advised AMCO of non -objection 2024 August 16, Turner submitted an Agenda Item Request Form asking for a letter to the ABC 2024 Board to revoke the license for Sizzler/Peking, as the applicant now wished to sell the license instead of reopening the restaurant. August 20, KIB Clerk reached out to AMCO inquiring about opportunities or avenues for 2024 providing feedback to the ABC Board after the 60-dayrotest period. August 21, AMCO confirmed that License #2611 was renewed for the years 2024-2025. 2024 Advised the Assembly may protest the continued operation of the license by sending a protest by January 31, 2025. August 29, Work session —Assembly discussed revocation letter 2024 September 5, Assembly approved revocation letter 2024 September 6, KIB Clerk sent letter to the ABC Board 2024 October 24, City of Kodiak sent a letter protesting the continued operation of License # 2611 2024 November 19, ABC Board considered the Council's letter of protest for the continued operation of 2024 License #2611. ABC Board denied the protest. November 21, Assembly voiced protest to continued operation of REPL #2611 and directed the 2024 Clerk to notify the licensees of their right to defend their license at the next meeting November 22, KIB Clerk contact licensee by phone, email, and postal mail for opportunity to 2024 defend license December 4, Ms. Yun and daughter Stephani discussed process with Clerk in person 2024 December 15, Deputy Clerk spoke with licensee about participating during 12/17 ws and 12/19 rm 2024 December 19, Assembly voiced protest to the continued operation of this license and directed the 2024 Borough Clerk to advise ABC Board of this objection and requested for the revocation of the license December 20, KIB Clerk informed AMCO about the protest for continued operation 2024 Page 3 of 4 Authorization For The Borough Manager To Sign and Submit The Request Of ... Page 153 of 184 AGENDA ITEM #14.D.1. January 9, AMCO sent notice of decision to the City of Kodiak from the November 19, 2024 2025 hearing overruling protest of REPL #2611. City was advised that they have 15 days to appeal to Office of the Administrative Hearing. January 23, Council moved to request a hearing of the Alcoholic Beverage Control Board, 2025 Alcohol and Marijuana Control for Restaurant Eating Place License No. 2611 and authorized the Mayor to sign the request for hearing and direct the City Clerk to submit the request to AMCO February 4, Borough Mayor, Manager, and Clerk attended ABC board meeting. ABC Board 2025 denied KIB's protest because of inconsistencies in AS O4.11.480 subsections (a) and a Exh. C . See attached decision letter. February 13, AMCO notified the KIB of the denial and allowed for a request of a hearing on the 2025 decision by submitting a form not more than 15 day protest after the notice is served until February 28 . February 20, Scheduled the "authorization for the borough manager to sign and submit the request 2025 of hearing form to appeal the decision of the Alcoholic Beverage Bontrol board denying the Kodiak Island Borough's protest of the continued operation of REPL no. 2611" on the regular meeting agenda. Page 4 of 4 Authorization For The Borough Manager To Sign and Submit The Request Of ... Page 154 of 184 AGENDA ITEM #14.D.2. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Confirmation Of Mayoral Appointments Of City And Borough Representatives From The Planning And Zoning Commission To The Borough Lands Committee (Ms. Tracy Craig and Ms. Sara Fraser) ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to confirm the Mayoral appointments of Commissioner Tracy Craig as the Planning and Zoning Commission (P&ZC) City representative and Commissioner Sara Fraser as the P&Z Borough representative to the Borough Lands Committee. DISCUSSION: The representative positions for the City and Borough on the Borough Lands Committee are filled on an annual basis. According to KIBC 2.160.030 (Term — Compensation A), it is the duty of the Planning and Zoning Commission to propose candidates to the mayor for these appointments. The Commission is set to vote on these recommendations during its regular meeting on February 19. The meeting packet will be revised prior to the meeting to incorporate their recommendations. The appointment of Commissioners to these positions will ensure that both the City and Borough seats are occupied for 2025, thereby maintaining the committee's full representation. Pending appointees per the Planning and Zoning Commission's packet: Ms. Tracy Craig and Ms. Sara Fraser as representatives of the City and Borough on the Planning and Zoning Commission (P&ZC) seats to the Borough Lands Committee. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: 2.160.010 Created - Membersh There is created a borough lands committee consisting of the following voting members: the mayor, two assembly members, one representative from the Alaska Native Claims Settlement Act (ANCSA) Corporations in the Kodiak region, one borough representative from the planning and zoning commission, one city representative from the planning and zoning commission, and one at large member from the public. Members are appointed in accordance with KIBC 2.100.030 and shall meet the qualifications of KIBC 2.100.040. There will be four nonvoting ex officio members: representative from the city of Kodiak council, the borough resource management officer, community development director and one representative from the United States Coast Guard appointed by the ISC commanding officer. 2.160.030Term — Compensation Kodiak Island Borough Confirmation Of Mayoral Appointments Of City And Borough Representatives... Page 155 of 184 AGENDA ITEM #14.D.2. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2025 ASSEMBLY REGULAR MEETING A. The mayor shall appoint two assembly members during the annual appointment of assembly member representatives to boards and committees. The commission shall make recommendations to the mayor for appointment of their members on an annual basis. The representative from ANCSA Corporations and the at large member from the public will serve for three-year terms. Kodiak Island Borough Confirmation Of Mayoral Appointments Of City And Borough Representatives... Page 156 of 184 AGENDA ITEM #14.D.2. Chapter 2.160 KIBC, Borough Lands Committee Page 1 of 3 Chapter 2.160 BOROUGH LANDS COMMITTEE Sections: 2.160.010 Created - Membership. 2.160.020 Organization. 2.160.030 Term - Compensation. 2.160.040 Powers and duties. 2.160.050 Administrative assistance. * Editor's note: Ord. FY2024-07 reestablishes the borough lands committee effective midnight December 31, 2023, through December 31, 2026. 2.160.010 Created - Membership. There is created a borough lands committee consisting of the following voting members: the mayor, two assembly members, one representative from the Alaska Native Claims Settlement Act (ANCSA) Corporations in the Kodiak region, one borough representative from the planning and zoning commission, one city representative from the planning and zoning commission, and one at large member from the public. Members are appointed in accordance with KIBC 2.100.030 and shall meet the qualifications of KIBC 2.100.040. There will be four nonvoting ex officio members: representative from the city of Kodiak council, the borough resource management officer, community development director and one representative from the United States Coast Guard appointed by the ISC commanding officer. [Ord. FY2016-02 §2, 2015]. 2.160.020 Organization. The mayor will serve as the chair and the committee shall designate a vice -chair at the first meeting of the calendar year and shall hold at least one quarterly meeting. [Ord. FY2016-02 §2, 2015]. The Kodiak Island Borough Code is current through Ordinance FY2025-07, and legislation passed throu... Confirmation Of Mayoral Appointments Of City And Borough Representatives... Page 157 of 184 AGENDA ITEM #14.D.2. Chapter 2.160 KIBC, Borough Lands Committee 2.160.030 Term - Compensation. Page 2 of 3 A. The mayor shall appoint two assembly members during the annual appointment of assembly member representatives to boards and committees. The commission shall make recommendations to the mayor for appointment of their members on an annual basis. The representative from ANCSA Corporations and the at large member from the public will serve for three-year terms. B. Members of the committee shall serve without compensation. The mayor, assembly members, and commissioners will receive their existing compensation related to their duties as provided for in this title. [Ord. FY2016-02 §2, 2015]. 2.160.040 Powers and duties. The borough lands committee will: A. Assist in identifying creative and workable solutions to ongoing and emerging issues in selection, acquisition, management, and disposal of borough real property and resources. B. Provide input for potential land sale plans. C. Provide input for utilization of borough land that achieves multiple land and housing options. D. Collaborate and seek input with private landowners when considering whether borough land should be developed. E. Provide for balanced consideration and representation of the viewpoints, problems and issues regarding borough real property and resources. F. Provide a forum for discussing development of specific sites and projects. [Ord. FY2016-02 §2, 2015]. 2.160.050 Administrative assistance. The resource management officer shall: The Kodiak Island Borough Code is current through Ordinance FY2025-07, and legislation passed throu... Confirmation Of Mayoral Appointments Of City And Borough Representatives... Page 158 of 184 AGENDA ITEM #14.D.2. Chapter 2.160 KIBC, Borough Lands Committee Page 3 of 3 A. Refer to the committee, for its discussion, all nonemergency matters within the scope of its powers and duties prior to presenting those matters to the assembly. B. Transmit all recommendations and other communications from the committee to the assembly. The clerk's office staff shall: A. Work with the resource management officer in furnishing the committee with copies of all requested documents and other information necessary or reasonably related to committee functions. B. Provide the committee with such supplies, meeting space, and secretarial assistance. ford. FY2016-02 §2, 20151. The Kodiak Island Borough Code is current through Ordinance FY2025-07, and legislation passed through October 3, 2024. Disclaimer: The borough clerk's office has the official version of the Kodiak Island Borough Code. Users should contact the borough clerk's office for ordinances passed subsequent to the ordinance cited above. Borough Website: www.kodiakak.us Borough Telephone: (907) 486-9300 Hosted by General Code. The Kodiak Island Borough Code is current through Ordinance FY2025-07, and legislation passed throu... Confirmation Of Mayoral Appointments Of City And Borough Representatives... Page 159 of 184 AGENDA ITEM #14.D.2. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DATE: January 24, 2025 TO: Kodiak Island Borough Planning & Zoning Commission FROM: Chris French, AICP, Community Development Director SUBJECT: Boards and Committees — P&Z Commissioner Appointees There are two committees that the Planning & Zoning Commission has members appointed to. The first is the Parks & Recreation Committee, where one commissioner is appointed as an ex-officio member, and one alternate is designated. The current commissioners in these positions are Cort Neff, the primary ex-officio member, and Chris Paulson, the alternate. The Commission must forward recommendations to the Borough Mayor for these positions. The second committee that includes representation from the Planning and Zoning Commission is the Borough Lands Committee, two commissioners are appointed to that committee: one from the City of Kodiak and one from the borough. Currently, Commissioners Fraser and Craig are appointed to this committee. The Commission will need to make a recommendation to the Borough Mayor on those members that will join the committee. The same members may retain their memberships on these committees. Once the commission has decided on the members that will be recommended, the Chairperson of the Commission will send a memo or email to the borough mayor listing the recommendation of the commission. Confirmation Of Mayoral Appointments Of City And Borough Representatives... Page 160 of 184 AGENDA ITEM #14.D.2. KODIAK ISLAND BOROUGH BOROUGH LANDS COMMITTEE NAME TERM ENDS CONTACT NO. EMAIL 1 Scott Arndt (Mayor) Mayor 10/2025 (414) 791-3745 Call instead of email 2 Steven Ames Assembly Member Yearly Appointment (907) 539-1214 Steven.Amesna.kibassembly.org 3 Scott Smiley Assembly Member Yearly Appointment (907) 942-0184 Scott.Smilev(cDkibassemblv.org 4 P&ZC-B Sara Fraser Yearly Appointment (907) 799-9282 sara.fraser(aD-kibplanning.org 5 P&ZC-C Yearly Appointment 6 ANCSA Representative Corey Gronn 12/2027 (907) 942-5590 907 486-8670 Cgronn(a)-city.kodiak.ak.us 7 At Large Seat Dave Townsend 12/2027 (907) 654-4123 Davetown 1 2(c0otmail.com FOUR EX-OFFICIO MEMBERS 1 Representative from the Yearly (907) 481-3775 rwalker(cDcitv.kodiak.ak.us City Council Recommendation Richard Walker 2 KIB Staff Representative Resource Management Officer 3 KIB Staff Representative (907) 486-9360 Cfrench(cDkodiakak.us Chris French, AICP Community Development Director 4 U.S.C.G. Representative LCDR Kirk Kalmbacher, PE (907) 942-4208 Kirk. D.Kalmbacher(a�uscg.mil Assistant Facilities Engineer ADMINISTRATIVE ASSISTANCE Resource Management Officer (Currently vacant) Nova M. Javier, MMC Interim Contact: 710 Mill Bay Road Aimee Williams Room 234 Borough Manager Kodiak, AK 99615 (907) 486-9302 Phone: (907) 486-9312 Fax: (907) 486-9391 niavier(a)kodiakak.us LEGISLATION: Kodiak Island Borough Code 2.160 Rev. by IA 12/20/2024 Confirmation Of Mayoral Appointments Of City And Borough Representatives... Page 161 of 184 AGENDA ITEM #18.A. KODIAK ISLAND BOROUGH Borough Lands Committee January 6, 2025 A Borough Lands Committee meeting was held on January 6, 2025, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. Staff present were Borough Manager Aimee Williams and Acting Borough Clerk Lina Cruz. Roll Call Committee members present were Mayor Scott Arndt, Assembly Member Steve Ames, Assembly Member Scott Smiley, Planning and Zoning Commissioner Sara Fraser, and Dave Townsend. Nonvoting Ex-Officio members present were City Council Member Richard Walker, Community Development Director Chris French, and LCDR Kirk Kalmbacher. CITIZENS' COMMENTS — None. AGENDA ITEMS a. Review Of Island Lake 4 Lot Subdivision AMES moved to recommend to the Borough Assembly that the Island Lake 4 lot subdivision be declared surplus to public need, rezoned to R2, and disposed of at an outcry auction. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Townsend, Frasier, Smiley, Ames, and Arndt. b. Review Of Beaver Lake 12 Lot Subdivision No action was taken on this item. c. General Discussion Of Borough Properties And Potential Disposal Options No action was taken on this item. COMMITTEE MEMBERS COMMENTS • Council Member Walker expressed appreciation for the shared ideas and collective effort to support the Kodiak community. • LCDR Kirk Kalmbacher expressed gratitude for the opportunity to be part of the meetings, noting he would be away for part of February. • Assembly Member Smiley and Planning and Zoning Commissioner Fraser had no comments. Kodiak Island Borough Borough Lands Committee Minutes January 6, 2025 Page 1 of 2 Borough Lands Committee Meeting Minutes Of January 6, 2025, Fire Protect... Page 162 of 184 I_�[�7�►�1�7_�Ei��► �EcEiE:�� Assembly Member Ames voiced appreciation for progress being made on meeting agenda items. Dave Townsend offered a friendly "good night." Mayor Arndt thanked all attendees, and commended the progress being made. He O announced Commissioner Fraser as the designated chairperson during his absence and wished everyone happy holidays. CITIZENS' COMMENTS — None. SET NEXT MEETING DATE AND TIME — February 3, 2025, at 6:30 p.m. ADJOURNMENT The meeting was adjourned at 7: 56 p.m. ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough January 6, 2025 KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Approved on: 02/03/2025 Borough Lands Committee Minutes Page 2 of 2 Borough Lands Committee Meeting Minutes Of January 6, 2025, Fire Protect... Page 163 of 184 AGENDA ITEM #18.A. Kodiak Island Borough Fire Protection Area No. 1 Service Area Board October 8, 2024 A regular meeting of the Fire Protection Area No. 1 Service Area Board was held on October 8, 2024, in the Bayside Fire Hall. CALL TO ORDER/PLEDGE OF ALLEGIANCE Chair Richard Carstens Called the meeting to order at 6:03pm. ROLL CALL Staff Brian Price conducted a roll call. Members present were Chair Richard Carstens, Vice Chair John Parker, and Mike Dolph. A quorum was established. Member Scott Arndt arrived later in the meeting. Others present were Chris Glade and Chief of Bayside Fire Department Scott Ellis. APPROVAL OF AGENDA, MINUTES, & FINANCIAL REPORT PARKER MOVED to approve the agenda, the 7.23.2024 regular meeting minutes & the 10.01.2024 financial report. DOLHP seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Chris Glade - Shared his experiences during a training conference in Wasilla. Overall experience was said to be positive. The experience of other members was briefly mentioned to illuminate the scope of benefits from attending the training. FIRE CHIEF'S REPORT Chair Richard Carstens acknowledged the Board's vacancy and the process that needs to occur before it is advertised. Business should still be maintained, and the board will get them up to speed when the seat is filled. Chief Scott Ellis began the Fire Chiefs Report. He first thanked the firefighters for the dedication of time to attend the trainings. All around the experience was positive and helped Bayside Fire Department to stand out and represent themselves. Chief Scott Ellis shared a short-term goal to get F1 & F2 course qualifications for all members and that Bayside is an accredited training facility. Long-term goals were shared, and various future trainings were mentioned. Chief Scott Ellis informed the board that the projected cost as opposed to the actual cost for training has been under -budget. Other mentions were made of desires to move forward with addressing fire safety issues that are in other fire protection areas and lending aid or interest to them. Similar ideas such as potential interactions with the college and outsourcing experts were shared. He Kodiak Island Borough October 8, 2024 Fire Protection Area No. 1 Board Regular Meeting Minutes Borough Lands Committee Meeting Minutes Of January 6, 2025, Fire Protect... Page 164 of 184 AGENDA ITEM #18.A. continued and shared that efforts are ongoing to maximize the use of available space within the Bayside Fire Department. The board asked Chief Scott Ellis various questions pertaining to cost, time frames, & general allocation of resources for these goals. Other questions pertaining to trainings and incident reports were asked. Discussion ensued. Call volume and incident response numbers were shared. By August 9th, Bayside Fire department had exceeded its total incident volume of 190 in the previous year. At the time of reporting in early October, call volume had reached 240. This number supported estimates that call volume is on track to exceed 300 for this year. Figures were elaborated on and given context as to the nature of the incidents. Discussion continued. CHAIR PERSONS' REPORT None. NEW BUSINESS Firefighter Education Plans: FF 1 &, State FF Conference, & FDIC presented by Chief Ellis The Firefighter Educations Plans were largely shared and discussed within the Fire Chiefs Report. The board asked remaining questions and was willing to support these objectives. OLD BUSINESS Update On Bayside's Expansion In The Borough CIP List Chief Scott Ellis shared updates on the Borough CIP pertaining to the fire department. Bayside's Expansion was placed 7th on the CIP list. Chief Scott Ellis took time to explain the other priorities that were placed higher than the Expansion Project. Chief Scott Ellis expressed gratitude for the P&Z board to approve the project. Discussion ensued of the architectural firm that will be used. Chief Scott Ellis shared the next steps of design was to work with needs analysis. CITIZENS' COMMENTS None. BOARD MEMBERS' COMMENTS John Parker - We seem to be in a holding pattern for the addition. It is nice to hear from chief that we have options to go with and move forward with the project. Mike Dolph - Echoing John, we've been discussing the renovation addition for years. There are times where we feel things are moving, but it is good to step back and see our options through planning. Kodiak Island Borough Fire Protection Area No. 1 Board Regular October 8, 2024 Meeting Minutes Borough Lands Committee Meeting Minutes Of January 6, 2025, Fire Protect... Page 165 of 184 AGENDA ITEM #18.A. Scott Arndt - Just because the contract is being advertised [for the addition] does not mean we can't work with the architect now to at least discuss... We're putting our money where our mouth is with the project. Richard Carstens - I would like to thank the citizens in the audience today. Rarely do we have members of the public sit and join in, and hopefully it creates more attendance. Our doors are always open and we're all available. If you have any questions, needs, or concerns please do not hesitate to call. SET NEXT MEETING DATE The next meeting date was set to be call of the chair. ADJOURNMENT The meeting was adjourned at 6:56pm. ATTEST: Brian Price, Engineering & Facilities Secretary Kodiak Island Borough October 8, 2024 KODIAK ISLAND BOROUGH Richard Carstens, FPA#1, Board Chair Approved on: 0 f/ ZLR / 2,0 LSJ JAN S u 2025 BOROUGH CLERI:'S OFFICE KODIAK, ALASKA Fire Protection Area No. 1 Board Regular Meeting Minutes Borough Lands Committee Meeting Minutes Of January 6, 2025, Fire Protect... Page 166 of 184 AGENDA ITEM #18.A. Kodiak Island Borough Fire Protection Area No. 1 Service Area Board December 3, 2024 A regular meeting of the Fire Protection Area No. 1 Service Area Board was held on December 3, 2024, in the Bayside Fire Hall. CALL TO ORDER/PLEDGE OF ALLEGIANCE Chair Richard Carstens called the meeting to order at 6:03 pm. ROLL CALL Staff Brian Price conducted a roll call. Members present were Chair Richard Carstens, Vice -Chair John Parker, Scott Arndt, and Mike Dolph. A quorum was established. Also in attendance was Chief of Bayside Fire Department Scott Ellis. APPROVAL OF AGENDA ARNDT moved to approve the agenda. DOLPH seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APROVAL OF MINUTES PARKFR MOVFD to annrnve the minutes of the 10,08-2024 reaular meetina. DOLPH seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY ACKNOWLEDGE RECEIPT OF FINANCIAL REPORT ARNDT MOVED to acknowledge the financial report dated 11.26.2024. PARKER seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) None. FIRE CHIEF'S REPORT Chief Scott Ellis gave his report. Trainings are still being improved in different ways. Current trainings were shared. Leadership has been tasked to to look at the staffing & response model for possible revisions and updates. Chief Scott Ellis shared run volumes for the last month. More calls have been coming in that do not require full - squad response. There was recent work being done with the board of education and schools for reinstating the cadet program. The roles of auxiliary members have been growing and continue to be a tremendous help for peripheral duties. Chief Scott Ellis Kodiak Island Borough December 3, 2024 Fire Protection Area No. 1 Board Regular Meeting Minutes Borough Lands Committee Meeting Minutes Of January 6, 2025, Fire Protect... Page 167 of 184 AGENDA ITEM #18.A. shared plans to establish a SQUAD 12 that would represent multiple entities through revamping the KARES Bus. Upstarting this project was briefly explained. CHAIR PERSONS' REPORT Chair Richard Carstens thanked Chief Scott Ellis for the Thanksgiving meal that was provided at Bayside Fire Station Monday of the holiday week. NEW BUSINESS Election of Board Chair & Vice -Chair PARKER nominated Richard Carstens for Boar Chair. There were no other nominations for Board Chair. MOTION CARRIED UNANIMOUSLY UNDER GENERAL CONSENT CARSTENS nominated John Parker for Board Vice -Chair. There were no other nominations made for Vice -Chair. MOTION CARRIED UNANIMOUSLY UNDER GENERAL CONSENT Overview of the FY2025 Bayside Budget by Chief Ellis Chief Scott Ellis began the overview. Long term goals were shared to continue deploying the department at the level it has been while looking for improvements. Some things will depend on grant funding to hedge the cost demand. Chief Scott Ellis touched base on various needs for the Fire Station and provided examples of deficient equipment. Quotes were provided to the board to show expected cost. Chief Scott Ellis continued to share preventable, persisting issues with personnel equipment. He addressed this issue as imperative to ensuring firefighters at Bayside have the best opportunity for good health and safety while in the line of duty. Plans and time frame for grant applications were relayed to the board. Chief Scott Ellis continued the overview and transitioned to discussion of the staffing model. The staffing issue across multiple entities affecting mutual aid were shared with board members and illuminated concerns that also apply especially to Bayside Fire Department. Chief Scott Ellis illustrated a few examples of how the staffing issue could impede response time and create dire circumstances. Chief Scott Ellis referenced that ARPA funds were being reallocated to the fire stations. By December 19th, Chief Scott Ellis anticipates getting an answer from the Borough regarding what amount of funds can be utilized by the Fire Department. Further discussion ensued. CHAIR CARSTENS called for a 3-minute recess at 7:00pm. CHAIR CARSTENS called the meeting back to order at 7:03pm. Kodiak Island Borough December 3, 2024 Fire Protection Area No. 1 Board Regular Meeting Minutes Borough Lands Committee Meeting Minutes Of January 6, 2025, Fire Protect... Page 168 of 184 AGENDA ITEM #18.A. L CITIZENS' COMMENTS None. OLD BUSINESS None. BOARD MEMBERS' COMMENTS John Parker - Shared details of the recent talks with the Kodiak High School Principal. Chief Scott Ellis has arranged for an actual in -school recruitment procedure to begin. [Chief Scott Ellis shared his forward outlook for the program] Richard Carstens - Speaks more to the issue of staffing shortages among local fire departments as well as Bayside. The number of firefighters that are needed manage the tasks of a standard housefire is about the same as the number of firefighters on the island. It puts Bayside's personnel in a lot more danger when responding to emergencies short-handed. SET NEXT MEETING DATE The next meeting date was set to be call of the chair. ADJOURNMENT The meeting was adjourned at 7:09pm. ATTEST: kt v 9& Brian Price, Engineering & Facilities Secretary Kodiak Island Borough December 3, 2024 KODIAK ISLAND BOROUGH Richard Carstens, FPA#1, Board Chair Approved on: C?//2 4/2"P LS JAN 2 9 2025 BOROUGH CLERK'S OFFICE KODIAK, ALASKA Fire Protection Area No. 1 Board Regular Meeting Minutes Borough Lands Committee Meeting Minutes Of January 6, 2025, Fire Protect... Page 169 of 184 AGENDA ITEM #18.A. KODIAK ISLAND BOROUGH Solid Waste Advisory Board Regular Meeting October 4, 2023 A Solid Waste Advisory Board Regular Meeting was held on October 4, 2023, in the Kodiak Fisheries Research Center, 301 Research Court. CALL TO ORDER Chair Andie Wall called the meeting was called to order at 5:37 p.m. 2. ROLL CALL Members present were Chair Andie Wall, Vice -Chair Kerry Irons, Doug Hogen and Larry Van Daele. Member Terri Pruitt was absent. A quorum was established. Other members present were staff Brian Price, Environmental Specialist Jena Hassinger, and USCG Representative Jen Nutt. 3. APPROVAL OF AGENDA VAN DAELE MOVED to approve the agenda. IRONS seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY 4. APPROVAL OF PREVIOUS MINUTES IRONS MOVED to approve the minutes from August 30, 2023, and September 19, 2023. VAN DAELE seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY 5. ACKNOWLEDGE RECEIPT OF FINANCIAL REPORT CHAIR ANDIE WALL acknowledged the receipt of the financial report. Kerry Irons handed out a her rough draft of an expense tracking form to the board members. She explained her intentions and ideas behind creating the form. The primary intention of the form is to help board member viewing of financial figures and both past and projected expenses in conjunction with financial reports . Kerry Irons asked Jena Hassinger if this is something that would be the responsibility of a board member or if it could be included in staff duties. It was determined that Staff Brian Price could include the expense tracker as part of his responsibilities for financial reporting. 6. VISITORS' COMMENTS Kodiak Island Borough October 4, 2023 Solid Waste Advisory Board Regular Meeting Minutes Borough Lands Committee Meeting Minutes Of January 6, 2025, Fire Protect... Page 170 of 184 AGENDA ITEM #18.A. 7. DISCUSSION ITEMS/ACTION ITEMS a. Threshold Services Report (if present) b. Alaska Waste Report (if present) c. City of Kodiak Report (if present) d. Engineering & Facilities Report (if present) Jena Hassinger gave her report. The new pretreatment facility startup the following week was mentioned. Details of the upcoming Commercial Hazardous Waste Disposal Event were relayed to the board. She explained US Ecology's participation and schedule for the event. Doug Hogen asked if the event is well attended and what was done for advertising. Jena told him about the flyers given out, the posts made to the website, and correspondence sent directly to anyone who has a commercial account with the Borough. Jena brought up Andie Wall's recent efforts for waste management in the villages. Andie Wall had been working with US Ecology to get hazardous waste items out of the villages and off the island. Chair Andie Wall provided more detail about what US Ecology's operations in the villages will be exactly. She noted how funding for this opportunity was well -leveraged. US Ecology will already be on the island and payment only needed to be made for one-way tickets out to the Port Lions. An additional pilot study is being with US Ecology with additional support from the Kodiak Island Borough. Training analysis will be conducted for the removal of electronic waste and to update inventory of the village. Information on how to properly dispose and transport hazardous electronic waste will be put into a Backhaul toolkit so other tribes can use the information in the future. Brian Price briefly went over the 'SWAB SWAG' items inventory. He noted additions and changes made to the inventory quantities. Chair Andie Wall suggested whoever is in charge of an event outlined in the strategic planning should be responsible for coordinating the desired items from SWAB's inventory. If a member in charge of an event needs additional funding or items to be procured, it should be brought before the board for discussion. Kerry Irons suggested expanding inventory to include more than just cosmetic items. Kerry Irons compared the varied needs of these events to provide examples of what should be considered when determining suitable items for a given event. Edits needed to the coloring book were brought up. Chair Andie Wall directed Brian Price to include in discussion items of the next meeting agenda "Edits To The Coloring Book." e. Post -Landfill Tour Questions and Discussion Larry Van Daele had no questions and instead shared his appreciation for the tour and the workers at the facility. Andie Wall asked KIB Staff when the next Regular Assembly Meeting was to be held. Staff Brian Price provided the dates for regular meetings upcoming in October and November. Andie Wall planned to give recommendations for the Assembly to tour the landfill at the October 19th Regular Kodiak Island Borough October 4, 2023 Solid Waste Advisory Board Regular Meeting Minutes Borough Lands Committee Meeting Minutes Of January 6, 2025, Fire Protect... Page 171 of 184 AGENDA ITEM #18.A. Meeting. Larry Van Daele added that it should be mentioned how proud the community should be for the work done at the landfill. Kerry Irons asked what the lifespan of the landfill is as of right now. Jena Hassinger explained to her the annual rate of fill each year. There current capacity of the landfill is somewhere in the 40% range with an annual rate of 1.7% capacity filled each year. Jena added that the recent expansion of cells at the Landfill added an estimated 20-30 years. Doug Hogen brought up outdated information he noticed within the "Residents' Guide to Managing Waste on Kodiak Island" included in the August 30, 2023 SWAB Regular meeting. Jena shared her intentions to have the information corrected. Doug Hogen referenced the landfill that was closed in the 80's for the Coast Guard. He questioned the impact of Coast Guard trash being put into the KIB Landfill facility. Jen Nutt shared her knowledge of the closed Coast Guard Landfill and the environmental monitoring that remains ongoing. A clear distinction was made between the closed municipal landfill and the closed Coast Guard landfill. The FUDS (Formerly Used Defense Sites) program was referenced as an asset in the monitoring, considering the landfill a contaminated site rather than a closed landfill. Further information relating to the Coast Guard landfill closure was requested by the board. Jen Nutt planned to provide additional resources to the board. f. By -Laws Update Revisitation Brian Price went over the revisions to the Solid Waste Advisory Board By -Laws. Chair Andie Wall asked if the updates would appear before the Assembly. Brian Price confirmed that he would follow-up and get the approved By -Laws Update onto the next possible Assembly Regular Meeting Agenda. Dates of the Borough Assembly's meetings were briefly discussed. IRONS MOVED to approve the proposed revision to the By -Laws. VAN DAELE seconded. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. g. Outreach Reports Chair Andie Wall began the outreach report. Continuing conversations of the landfill tour was a key focus. The proposed presentation outline was discussed. Engineering and Facilities will follow up with updated information to provide presentations. Andie Wall used the new village electronic waste regulations as an example of information for the board to familiarize with. Email -sharing was brought up as a way to share information. Kerry Irons went over her SWAB Pop-up Inventory Draft. She shared the idea behind it and what the use of the pop-up kit would be. Materials for an event could be listed out and prepared in advance with this kit. The goal is to streamline the transfer of materials from inventory to the leading SWAB member for an event. Doug Hogen Kodiak Island Borough October 4, 2023 Solid Waste Advisory Board Regular Meeting Minutes Borough Lands Committee Meeting Minutes Of January 6, 2025, Fire Protect... Page 172 of 184 AGENDA ITEM #18.A. mentioned to Brian Price concerns about signage and wind at events. Doug Hogen asked if Brian Price could look into wind -resistant signage solutions. Chair Andie Wall went over a few more outreach items. Social media posts had been sent to Brian Price for review and posting. Holiday Recycling was discussed. Andie Wall felt that there should be 2 events: One aimed toward kids, and one aimed towards adults. Crafting kits would be put together for the events. VAN DAELE MOVED to authorize the amount of $500 for the Holiday Recycling Event. IRONS seconded. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. Kerry Irons wanted to share about education before moving to the next discussion item. She had met with the Key Club that is responsible for recycling at the school and asked them if there was anything they needed. One of the members had attended the landfill tour, and several felt that education and information about solid waste disposal needed to reach the students. The multi -media class could be interested in putting together an informational video that could be shown in advisory periods to the student body. The Key Club shared with Kerry Irons they have old, poor -functioning carts that they use in their process of picking up recyclables. Kerry Irons suggested the purchase and donation of a roll cart for the students in The Key Club. Jena Hassinger brought up possible alternatives that would not require expending funds. Larry Van Daele offered up roll carts on his property as an option for Kerry Irons to provide the students. h. Strategic Planning & Organization Chair Andie Wall felt that the Strategic Plan kept getting pushed back from one meeting to the next. She asked the board if they wanted to keep including it in the meeting packets or if it needed its own dedicated meeting to divide focus to. Andie Wall would not be in attendance at SWAB's next October meeting and requested it be included for board discussion as it is in this meeting's discussion items. She planned to follow up with the board's discussions. Larry Van Daele stated he felt Andie Wall was integral to the Strategic Planning process. The board agreed and wanted to move the Strategic Planning to a date where she could both attend and participate. ANDIE WALL MOVED to move the Strategic Planning to November 29th. VAN DAELE seconded. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. Brian Price was directed to follow up with board members for scheduling of the SWAB October Regular Meeting scheduled for October 25th. 8. BOARD MEMBERS' COMMENTS There were no board member comments. Kodiak Island Borough October 4, 2023 Solid Waste Advisory Board Regular Meeting Minutes Borough Lands Committee Meeting Minutes Of January 6, 2025, Fire Protect... Page 173 of 184 AGENDA ITEM #18.A. 9. NEXT MEETING SCHEDULE Next meeting was tentatively set for November 1 st, 2023. 10. ADJOURNMENT The meeting was adjourned at 6:41 p.m. ATTEST: I / Zq/ZU Z 5 Brian Price, Board Secretary KIB Engineering/Facilities Department Kodiak Island Borough October 4, 2023 KODI ROUGH Andie Wall, Solid Waste Advisory Board Chair Approved on: (/ 281202� JAN 2 9 2025 BOROUGH CLERK'S OFFICE KODIAK, ALASKA Solid Waste Advisory Board Regular Meeting Minutes Borough Lands Committee Meeting Minutes Of January 6, 2025, Fire Protect... Page 174 of 184 KODIAK ISLAND BOROUGH AGENDA ITEM #18.A. Solid Waste Advisory Board Regular Meeting September 24, 2024 A Solid Waste Advisory Board Regular Meeting was held on September 24, 2024, in the Kodiak Fisheries Research Center CALL TO ORDER Chair Andie Wall called the meeting to order at 5:33pm. ROLL CALL Staff Brian Price conducted a role call. Members present were Chair Andie Wall, Vice - Chair Kerry Irons, Terri Pruitt, and Larry Van Daele. Doug Hogen was absent. A quorum was established. Other members present were US Coast Guard Representative Jen Nutt, KIB Environmental Specialist Jena Hassinger, KIB Engineering & Facilities Director David Conrad. Judy Philips was present as a visitor. APPROVAL OF AGENDA VAN DAELE MOVED to approve the agenda. IRONS seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF PREVIOUS MINUTES TERRI PRUITT MOVED to approve the 09.24.2024 meeting minutes. VAN DAELE seconded. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY ACKNOWLEDGE RECEIPT OF FINANCIAL REPORT The board acknowledged the receipt of the financial report. Staff Brian Price provided a brief overview. The Expense Tracker was acknowledged. No updates were made since the last meeting. VISITORS' COMMENTS Chair Andie Wall acknowledged Judy Philips as a visitor for the meeting. Her board member application was still pending. DISCUSSION ITEMS/ACTION ITEMS Threshold Services Report (if present) Alaska Waste Report (if present) Jena Hassinger shared details of a recent garbage truck fire caused by a lithium battery. The proper disposal process for these batteries was discussed and how a fire Kodiak Island Borough Solid Waste Advisory Board Regular Meeting SdeDMber94 2024Minutes Borough Lan ommi 66 eeting Minutes Of January 6, 2025, Fire Protect... Page 175 of 184 may begin from improper disposal. Terri Pruitt and Chair Andie Wall pA&BV0^V4T €M #18.A. a Facebook post and newspaper article that addresses best practices. Andie Wall and Terri Pruitt will get with Engineering and Facilities to discuss revisions. US Coast Guard (if present) Jen Nutt did not have any new developments to share. She shared plans to have statistics on Coast Guard Base Solid Waste Disposal prepared for the next meeting. City of Kodiak Report (if present) No representative from the City was present to give a report. The board discussed their plan for the next meeting in which the City would play a vital role in addressing the issue of plastic shopping bag bans. Suggestions of how to approach the next meeting were shared among the board. The lack of effectiveness of the ban as it stands was revisited by the board. David Conrad shared that trash in a roll cart needs to be containerized within a plastic bag per the solid waste contract. He voiced concerns of a plastic bag ban for all plastic bags creating interference with the contracted waste haulers. Staff Brian Price was directed to contact the City of Kodiak Clerks Office to request records pertaining to the creation of the ordinance passed in 2018 that banned plastic shopping bags under 4mil thickness. Engineering & Facilities Report (if present) Staff Brian Price began the Engineering & Facilities report. Minimal changes to the inventory were noted. David Conrad spoke about the outcome of the recent inspection of the landfill. The bears at the landfill caused a reduction in score but overall the score is anticipated to be high. Plans for upcoming maintenance on the baler floor and rebuilding the strapper were shared. David Conrad shared new developments with grant funding from the Denali Commission and acknowledged Jena's efforts in the grant work. Chair Andie Wall voiced consideration for alerting the public to the ongoing changes and alteration of hours due to maintenance at the landfill. ADJOURNMENT Member Terri Pruitt exited the meeting at 6:38pm. Due to a lack of a quorum, formal meeting discussion could not continue and the meeting adjourned. ATTEST: &� k6l Brian Price, Engineering & Facilities tAK ISLAND BOROUGH Andie Wall, Solid Waste Advisory Board Chair Approved on: % /Z� / 24 25 0. 1 EM E ME E M, JAN 2 9 2025 BOROUGH CLERICS OFFICE KODIAK, ALASKA Kodiak Island Borough Solid Waste Advisory Board Regular Meeting S� mber. ?f4, U24Minutes Borough Lan ommit ee eeting Minutes Of January 6, 2025, Fire Protect... Page 176 of 184 02/10/2025 15:25 FAX 9074864016 ASSOCIATED ISLAND BROKER AGENDAIME'YY 018.B. Egg B Kodiak Island Borough OFFICE of the CLERK 710 Mill Bay Road KodislS Alaska 99615 BOROUGH CLERK'S OFFICE Phone (907) 486-9310 Fax (907) 486-9391 KODIAK, ALASKA ],mail: ctcrks@kodiakak.us NOTICE OF PUBLIC HEARING Application For Restaurant Eating Place Liquor License Transfer Of Ownership & Location Application A public hearing will be held on Thursday February 20. 2025, at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. ''Thef-Kodistrlslffn-1 Borough -Assembly will hearpubtic comments regarding Nuniaq LI_C, License No. 3293 transfer of ownership and location application_ Transferor information: Sook C Yuri DSA: Second Floor Restaurant License Type: Restaurant Eating Place 116 W Rezanof Drive Kodiak, Alaska 99615 Phone Number: (407) 733-6231 Transferee Information: Nuniaq LLC DBA: Nuniaq Cafe & Deli 113 Lower Mill Bay Road Kodiak, AK 99615 Phone Number: (907) 202-1139 If You do not wish to testify verbally. You may orovide comments -favoring or 0000sina via email at clerksa—kodiakak.us or you may mail or hand deliver this form to the Borough receptionist at 710 Mill Say Rd, Kodiak, AK 99615. Written comments must rec 'ved_ by,the Clerk's Office no later than noon on the day of the public hearing. Name: K-4, 5� � Mailing Address: Comments: A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or Issuance of a new liquor license- 1. The clerk shall investigate to determine if the borough has an Interest which can be protected by protesting the approval of the application for transfer or Issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly In order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or Issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion If a protest to the application Is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board, Page 177 of 184 AGENDA ITEM #18.B. Kodiak Island Bor D OFFICE of the CLER r j 710 Mill Bay Road Kodiak, Alaska 99615 FEB 1 B 2025 Phone (907) 486-9310 Fax (907) 486-9391 E mail: clerks@kodiakak.us BOROUGH CLERICS OFFICE KODIAK, ALASKA NOTICE OF PUBLIC HEARING Application For Restaurant Eating Place Liquor License Transfer Of Ownership & Location Application A public hearing will be held on Thursday February 20, 2025, at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. The Kodiak Island Borough Assembly will hear public comments regarding Nuniaq LLC, License No. 3293 transfer of ownership and location application. Transferor Information: Sook C Yun DBA: Second Floor Restaurant License Type: Restaurant Eating Place 116 W Rezanof Drive Kodiak, Alaska 99615 Phone Number: (407) 733-6231 Transferee Information: Nuniaq LLC DBA: Nuniaq Cafe & Deli 113 Lower Mill Bay Road Kodiak, AK 99615 Phone Number: (907) 202-1139 If you do not wish to testify verbally, you may provide comments favoring or opposing via email at clerksCcD.kodiakak.us or you may mail or hand deliver this form to the Borough receptionist at 710 Mill Bay Rd, Kodiak, AK 99615. Written comments must be received by the Clerk's Office no later than noon on the day of the public hearing. k Named Comrfl( Mailing Address: 5 A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. Page 178 of 184 A►► �1'> BoroughKodiak Island OFFICE of the CLERK 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486 9391 E-mail: clerks@kodiakak.us NOTICE OF PUBLIC HEARING Application For Restaurant Eating Place Liquor License Transfer Of Ownership & Location Application A public hearing will be held on Thursday February 20, JQ25, at 6:30 p.m. in the Borough Assemhly Chambers, 710 Mill Bay Road, Kodiak, Alaska. The Kodiak Island Borough Assembly will hear public comments regarding Nuniaq LLC, License No. 3293 transfer of ownership and location application. Transferor Information: Sook C Yun DBA: Second Floor Restaurant License Type: Restaurant Eating Place 116 W Rezanof Drive Kodiak, Alaska 99615 Phone Number: (407) 733-6231 Transferee Information: Nuniaq LLC DBA: Nuniaq Cafe & Deli 113 Lower Mill Bay Road Kodiak, AK 99615 Phone Number: (907) 202-1139 P0 41 clerks(cb-kodiakak.us or you may mail or hand deliver this form to the Borough receptionist at 710 Mill Bay Rd, Kodiak, AK 99615. Written comments must be received by the Clerk's Offi a no letter �vter that? noon on I the day of the public hearing. Ze AU--(Z 1" 0�k cUk Name: P I .Q (I C�&IAI)Aallliing Address -I S u t )) Comments: � 1 i 1 1 N c- y I-zc' T / V a 1 IJ ." V l I I J- I - V •Y I I I r Iv c 0 0 / ;,1 CAJ2 f e d z%,7 v,c(1 I Kodiak Island Borough Code 5.01.030 New license and transfer procedure. �{ 1 S� t „ �JJ A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application br intent f�5 approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the Borough at any hearing before the Alcoholic Beverage Control Board. -h 6q 74-Lc ? I , fi 14' 1 ry� i yed JL Ztv rt,Q, r l tY•a �7�3%d�� T' A AGENDA ITEM #18.B. Kodiak Island BornILI OFFICE of the CLEMi_jtRMD 710 Mill Bay Road Kodiak, Alaska 99615 Eg Z U 102 Phone (90-) 486-9310 Fax (907) 486-9391 E-mail: clerks@kodiakak.us BOROUGH CLERICS OFFICE KODIAK, ALASKA NOTICE OF PUBLIC HEARING Application For Restaurant Eating Place Liquor License Transfer Of Ownership & Location Application A public hearing will be held on Thursday February 20, 2025, at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. The Kodiak Island Borough Assembly will hear public comments regarding Nuniaq LLC, License No. 3293 transfer of ownership and location application. Transferor Information: Sook C Yun DBA: Second Floor Restaurant License Type: Restaurant Eating Place 116 W Rezanof Drive Kodiak, Alaska 99615 Phone Number: (407) 733-6231 Transferee Information: Nuniaq LLC DBA: Nuniaq Cafe & Deli 113 Lower Mill Bay Road Kodiak, AK 99615 Phone Number: (907) 202-1139 If you do not wish to testifv verballv. you may orovide comments favorina or 0000sina via email at clerks(c-)kodiakak.us or you may mail or hand deliver this form to the Borough receptionist at 710 Mill Bay Rd, Kodiak, AK 99615. Written comments must be received by the Clerk's Office no later than noon on the day of the public hearing. f Name: �� l 1 St k_ Mailing Address: i i O \�,, i,o� 5 r`nmmcn c- 1A- 's Kodiak Island Borough Code 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. Page 180 of 184 v m 00 0 00 1 / KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular V Special Convened: tf1- Recessed: Reconvened: l / Date: 2 `— Adjourned: BY: SECOND: 1 BY: SECOND: BY: Ch SECOND: ` Molt BY: SECOND: BY: SECOND: I YES NO YES NO YES NO YES NO YES NO Mr. Ames es Mr. Griffin r. riffin Mr. Johnson Mr. Johns n Mr. Johnson Mr. Joh Mr. Johns Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. Lef*Y Mr. L e D o u.\\, Mr. Sharratt I . If Mr. Smiley V 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:F-1 TOTAL: -T I I I TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a thr a/three tie vote of the assembly. Mayor ArndtI I i / T Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt 14 M lA T v La m co N 0 co KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special Date: Convened: Recessed: Reconvened: �� Adjourned: BY: SECOND: BY: � SECOND: BY: s SECOND: 1`1) BY: 5 SECOND: BY: S5 SECOND: a � �ti5 �1 YES NO YES NO YES NO YES NO YES NO Mr. Johnson Mr. Johnson Mr. Johnson Mr. Johnson Mr. Johnson Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. Smiley A( Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Whitesi Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside 'WOULD ANYONE LIKE TO C ANGE THEIR VOTE? WOULD ANYONE____LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: TOTAL:T)R The mayor may of vote except in the case wherb only six members of the asse bly are present and there is a th ee/three tie vote of the assembl . Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt v m co w 0 co KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular pedal ate Convened: Recessed: Reconvened: Adjourned: BY: SECOND: f \vo BY: SECOND: 1. BY: � SECOND: BY: SECOND`n �LJ � V V BY: SECOND: YES NO YES NO YES NO YES NO PESNO Mr. Johnson Mr. Johnson Mr. Johnson 44 Mr. Johnson Mr. Johnson Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux rrn Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Whiteside Mr. WhitesidEM I V I Mr. WhitesideV, Mr. Whiteside Mr. Whiteside WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL:i 4-7n TOTAL: i Di TOTAL: TOTAL: I TOTAL: The mayor ma not to except in the case where only six members of the asse bly are present and there is a three/three tie vote of the assembly. Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt 00 AGENDA ITEM #18.B. Meeting Type: KODIAK ISLAND BOROUGH Assembly Regular Meeting Date: Lec , �&5 Please PRINT your name legibly Phone number A 2 l �1� Page 184 of 184 AGENDA ITEM #18.B. Vol. FY2025, No. 15 Kodiak Island Borough Assembly Newsletter February 21, 2025 At Its Regular Meeting Of February 20, 2025, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, March 6, 2025, At 6:30 p.m. In The Borough Assembly Chambers. PROCLAIMED February 21, 2025, As U.S. Coast Guard We Applaud You Day And Urge Citizens To Recognize Our Coast Guard Community For Their Individual And Collective Efforts In Making Kodiak And All The Navigable Waters Of Alaska A Safer And Better Place To Live, Work, And Play VOICED NON -PROTEST To The State Of Alaska Alcohol And Marijuana Control Office (AMCO) Beverage Dispensary Liquor License Transfer Of Controlling Interest For Bernie's Bar LLC And DIRECTED The Clerk To Notify AMCO Of This Decision. VOICED PROTEST To The State Of Alaska Alcohol And Marijuana Control Office (AMCO) Transfer Of Ownership Application From Sook C Yun, DBA Second Floor Restaurant (License No.3293) To Nuniaq Cafe' And Deli And The Transfer Of Location From The Current Location Of 116 W Rezanof Drive To 113 Lower Millbay Road And DIRECTED The Clerk To Write A Letter Of Protest Letter To The Alaska Beverage Control Board (ABC) Board And To The Applicant. ADOPTED Resolution No. FY2025-15, Authorizing The Manager To Accept The 2025 Volunteer Fire Capacity (VFC) Grant For The Fire Protection Area No. 1 (Bayside Volunteer Fire Department) ADOPTED Resolution No. FY2025-16, Adopting A State Legislative Capital Improvement Projects Priority List for the 2025 Legislative session ADOPTED Resolution No. FY2025-17, Identifying Federal Project And Program Priorities For Federal Fiscal Years 2025 And 2026 ADVANCED Ordinance No. FY2025-02A, Amending Ordinance No. FY2025-02, Fiscal Year 2025 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects To Public Hearing At The Next Regular Assembly Meeting AUTHORIZED The Borough Manager To Sign and Submit The Request Of Hearing Form To Appeal The Decision Of The Alcoholic Beverage Control (ABC) Board Denying The Kodiak Island Borough's Protest Of The Continued Operation Of Restaurant Or Eating Place License (REPL) No. 2611 CONFIRMED The Mayoral Appointments Of Commissioner Tracy Craig As The Planning And Zoning Commission P&ZC City Representative And Commissioner Sara Fraser As The P&Z Borough Representative To The Borough Lands Committee. View our website: www.kodiakak.us Visit our Facebook page: L 011 www.facebook.com/KodiakislandBorough Page 185 of 184