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2013-07-11 Work Session Kodiak Island Borough Assembly Work Session Thursday, July 11 , 2013, 7:30 p.m., Borough Conference Room Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions are NOT considered part of the official record. Citizen's comments intended for the"official record"should be made at a regular Assembly meeting. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) ITEMS FOR DISCUSSION 1. Assembly and Attorney Communication Guidelines 2. Assembly Members Research and Records Request PACKET REVIEW PUBLIC HEARING Ordinance No. FY2014-03 Submitting the Question of the Adoption of a Secondhand Smoke Control Ordinance to the Voters of the Borough at the October 1, 2013 Regular Municipal Election. UNFINISHED BUSINESS Reconsideration of Ordinance No. FY2014-02 Rezoning Lot 21 Seaview Subdivision From B-Business Zoning District To I-Industrial Zoning District(P&Z Case No. 13-020 Lash Corporation). NEW BUSINESS CONTRACTS — None. RESOLUTIONS Resolution No. FY2014-06 Authorizing the Manager to Execute a Sole Source Agreement with Watterson Construction Company to Perform Kodiak Middle School Concrete Repairs Phase II Project in the Form of a Change Order to Contract No. FY2013-24. ORDINANCES FOR INTRODUCTION Ordinance No. FY2014-04 Rezoning the Remainder Portion of the KIB Landfill Tract And Lot 2 Sawmill Subdivision From a Combination of C-Conservation and PL-Public Use Lands To Natural Use (Case No. 13-027, Landfill). Ordinance No. FY2014-05 Rezoning a Portion of Lot 1 United States Survey 2539 From C-Conservation To RR1-Rural Residential One Zoning District (P&Z Case No. 13-028, Kodiak Island Borough). Ordinance No. FY2014-06 Rezoning Tract A Marine Center Subdivision From RB-Retail Business Zoning District To B-Business Zoning District (Case No. 13-029, Marine Center). Ordinance No. FY2014-01A Amending Ordinance No. FY2014-01 by Amending Budgets to Provide for Various Additional Expenditures and to Budget for a Coastal Impact Assistance Program (CIAP) Grant. OTHER ITEMS Review and Approval of Fire Protection Area No. 1 Board's Volunteer Stipend Policy and Length of Service and Special Award Policy. Per KIBC 12.15, Granting Approval to Start the Process for Naming the Bayside Fire Training Center to Earl Smith, Jr. Memorial Fire Training Center. Accepting a State Grant in the Amount of $4,529,000 for the Landfill Leachate Treatment Plant and Related Phase III Improvements. MANAGER'S COMMENTS CLERK'S COMMENTS MAYOR'S COMMENTS ASSEMBLY MEMBERS COMMENTS tCl Chapter 2.65 - BOROUGH ATTORNEY Sections: 2.65.010 Borough attorney. 2.65.020 Procedure for appointment. 2.65.030 Service and removal. 2.65.010 Borough attorney. Because the borough may sue and be sued and may enter into legal agreements, the assembly may retain legal counsel to act on the borough's behalf and to be recognized as the attorney. 2.65.020 Procedure for appointment The assembly shall appointthe attorney by resolution. 2.65.030 Service and removal. The attorney shall serve at the pleasure of the assembly and may be removed by order of the assembly. Chapter 2.30 - RULES OF THE ASSEMBLY, SECTION 2.30.070(I) Request for Ordinances or Legal Opinions. Any member of the assembly may request the manager or clerk to have prepared proposed ordinances with such ordinances to be placed on the agenda of the next scheduled assembly meeting, provided the ordinance can be drafted and distributed to members of the assembly in accordance with time schedules set forth in subsection B of this section. During a work session or a meeting, any two or more members of the assembly may request written legal opinions, relating to borough business, from the attorney through the manager's or the clerk's office. Upon receipt of assembly-requested proposed ordinance or written legal opinion, the clerk shall forthwith cause to have distributed the subject ordinance or written legal opinion to all assembly members so that all members may be fully informed of the status of borough affairs. ASSEMBLY OPERATING MANUAL -Assembly Relation with Borough Attorney Because the Borough may sue and be sued and may enter into legal agreements, the Assembly may retain legal counsel to ad on the Borough's behalf and to be recognized as the attorney. The Assembly appoints the attorney by resolution. The Attorney serves at the pleasure of the Borough Assembly and may be removed by order of the Assembly. Any member of the Assembly may request the Manager or Clerk to have prepared proposed ordinances with such ordinances to be placed on the agenda of the next scheduled assembly meeting. During a work session or a meeting, any two or more members of the Assembly may request written legal opinions, relating to borough business, from the Attorney through the Manager's or the Clerk's office. ReAtt-4f-0 ASSEMBLY MEMBER'S RESEARCH/RECORDS REQUEST During a work session or a meeting, any (two or more) or (four) members of the assembly may request research projects/records request from staff. Result of these requests will be distributed to the entire assembly. For individual assembly member requests, the requestor should fill out a records request form. Responses to these requests will be distributed to the requestor only. STAFF NEEDS: • Clear direction that they will invest time on a research or records request that is supported by the Assembly. • Research and records request are appropriately distributed. • Kodiak Island Borough r•A' %;;'_ Office of the Borough Clerk at I 710 Mill Bay Road Kodiak, Alaska 99615 4 '' Phone (907) 486-9310 Fax (907) 486-9391 • Kodiak Island Borough Public Records Request Form Name of Individual or Company Requesting Records: Date: Address: City, State: Zip Code: Contact Person: Telephone: E-Mail Address: Please describe in detail below the information/documents requested using as much specificity as possible. I request to inspect the following documents or files: I request copies of the following documents or files: ❑Hardcopy DElectronic copy ❑Email copy I understand that I will be charged a fee for each page after the first 20 pages that I request to be copied/scanned. I further understand that if it is determined that my request will require more than five hours of staff time, I will pay, upon notification, the personnel costs required to complete the search and/or copying tasks. CERTIFICATION OF NONLITIGATION AFFILIATION In accordance with AS40.25.122, by signing below, I certify that: (1) I am not involved in litigation, in a judicial or administrative forum,with the Kodiak Island Borough or another public agency to which the requested record is relevant; and (2) I am not acting on behalf of or otherwise representing any person who is involved in litigation with the Kodiak Island Borough or another public agency to which the requested record is relevant. I certify that the foregoing statements are true. Print Name Signature Within 10 working days of receiving this request records will be provided,or you will be advised of the reason we are unable to provide requested information. If you have questions,please call(907)486-9310. This form is also available online at: http://www.kodiakak.us/index.aspx7nid=290. ___ _ (REPLY TO YOUR PUBLIC RECORDS REQUEST ;Name of Individual or Company Requesting Record: Date of Request: ❑ Inspection only(no copies or scanning required). ❑ Enclosed are the records you requested. ❑ Hardcopy ❑ Electronic Copy ❑ Emailed copy ❑ Enclosed are the records you requested and have paid. $ ❑ Hardcopy ❑ Electronic Copy ❑ Emailed copy ❑ The records you requested have been located and exceed the number of pages and/or hours of research that the Borough provides at no charge. The cost is $ for_ pages at $ per page and/or the cost of $ for hours of research. You will be required to submit a deposit in the amount of $ before the records request process will be initiated, and final payment will be payable once records are disclosed. ❑ We are unable to provide the records you requested. ❑ A search was made, but no records were found. ❑ A search was made, but the requested item is not available because it is not a public record for the following reason: ❑ We are unable to find the record you requested because the request did not include sufficient information to find it. Please contact the Clerk's office at 907-486-9310. ❑ Not within the Borough's jurisdiction. Signature of Records Coordinator Date CLERK'S OFFICE STAFF USE ONLY Request referred to: Date: Records request closed on (date): KODIAK ISLAND BOROUGH WORK SESSION Work Session of: i• _ _ _ 020 Please PRINT your name Please PRINT your,ns n — L. aut1 A4(4 ,--; et 0.511 0 5 cam' / icxcc2 sedi- aNC7 a c, Gc.Uu3 X050 P W ,S 7( itift44,4"kiV19-% V