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2015-05-07 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, May 7, 2015, 7:30 p.m., Assembly Chambers Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non- controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. *APPROVAL OF MINUTES 4 - 9 A. *Regular Meeting Minutes of April 2, 2015. 04022015r02mi notes,pf 6. AWARDS AND PRESENTATIONS 10 A. Municipal Clerks Week Proclamation Municipal Clerks Prociamation.pd f 11 B. Safe Boating Week Proclamation Safe Boating Prociamation.pd f C. Providence Kodiak Island Medical Center's Update - Mr. Don Rush, Chief Executive Officer 12 - 32 D. Presentation on the Salonie Creek Archeological Site - Patrick Saltonstall, Alutiiq Museum and Archeological Repository KIB Kashevarof Abstract Presentation.pdf KIB Salonie.pf 33 - 34 E. Clerk's Office Update to the Assembly. 2015 May Clerk's Office Update.pdf Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855)492-9202 and Local 486-3231. Page 1 of 165 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING 35 - 72 A. Ordinance No. FY2015-10 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.35 Real Property Tax. Ordinance No. Y2015-10 Title 3 Amendments - Foreclosure - f 73 - 79 B. Ordinance No. FY2015-11 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.40 Personal Property Tax. Ordinance Y2015-11 - Pdf 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.A. Contracts 80 - 89 1. Contract No. FY2015-30 Bayside Fire Station Generator Procurement. Contract Y2015-30 Baysi e Fire Station Generator Procurement - Pdf 13.B. Resolutions 13.C. Ordinances for Introduction 90 - 95 1. Ordinance No. FY2015-01 B Amending Ordinance No. FY2015-01 Fiscal Year 2015 Budget by Amending Budgets to Account for Various Revenues That Are Over Budget, Accept Grants, and Provide for Additional Expenditures. Ordinance No. Y2015-01 B - Pdf 13.D. Other Items 96 - 120 1. Approval of donation of Borough Owned Alutiiq Artifacts to the Alutiiq Museum. Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855)492-9202 and Local 486-3231. Page 2 of 165 Borough Donati on to the Alutiig Museum - Pdf 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) 17.A. Minutes of Other Meetings 121 - 157 1. Fire Protection Area No. 1 Board RM, February 25, 2015; Planning and Zoning Commission SM, January 12 and RM February 18, 2015; Womens Bay Service Area Board RM, March 3 and March 17, 2015. Meetinq Minutes of Other B oars.pf 17.B. Reports 158 - 165 1. March 2015 Change Order Report, KHS Wilson Report, Other Projects Report, and Project Budget and Contingency Report. Manager's Rep orts March 2015.pf Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855)492-9202 and Local 486-3231. Page 3 of 165 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting April 2, 2015 A regular meeting of the Kodiak Island Borough Assembly was held on April 2, 2015, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:39 p.m. The invocation was given by Major Michael Bates of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Larry LeDoux, Chris Lynch, Frank Peterson, Dan Rohrer, and Rebecca Skinner. Also present were Borough Manager Bud Cassidy, Borough Clerk Nova Javier, and Assistant Clerk Angela MacKenzie. PETERSON moved to excuse Assembly members Carol Austerman and Aaron Griffin who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA LYNCH moved to approve the agenda and consent agenda. PETERSON moved to amend the agenda to add item no. 13.A.1 Approval of Change Order No. 42 Amending Contract No. FY2013-24 for the Kodiak High School Addition and Renovation P roj e ct. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY: LeDoux, Lynch, Peterson, Rohrer, and Skinner. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Lynch, Peterson, Rohrer, Skinner, and LeDoux. APPROVAL OF MINUTES Regular meeting minutes of February 19 and March 5, 2015, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Friend proclaimed the month of April 2015 as "Child Abuse Prevention Month" and called upon all citizens to increase their participation in efforts to prevent child abuse, strengthening all communities in which we live. Mayor Friend proclaimed the month of April 2015 as "Sexual Assault Awareness Month" and encouraged all residents to support local activities and programs, which assist victims, and to learn more about the pervasiveness of sexual assault in Alaska so we may eliminate this heinous crime. Mayor Friend proclaimed April 2015 as the Month of the Military Child in Kodiak, encouraging all Kodiak residents to show appreciation, support, and understanding to the military children in the community. Kodiak Island Borough Assembly Regular Meeting Minutes April 2, 2015 Page 1 *Regular Meeting Minutes of April 2, 2015. Page 4 of 165 AGENDA ITEM #5.A. Mayor Friend proclaimed April 11 through April 18, 2015 Week of the Young Child, encouraging all citizens to work to make a good investment in early childhood in Kodiak, Alaska. Mayor Friend presented the student of the month award for March 2015 to Shaloni Hochmuth, a senior at Larsen Bay School. CITIZENS' COMMENTS Melvin Stephens spoke on the Borough Budget and Comprehensive Annual Financial Report (CAFR)and suggested amendments to the budget funds. Betty McTavish reported on the 2015 County Health Ranking. She also spoke on the future development of Borough land located across from the Kodiak Area Native Association facility, "KANA Field". Judy Kidder spoke on the CAFR and encouraged the Assembly to review Ordinance FY2008- 08. COMMITTEE REPORTS Assembly member Peterson spoke on the Economic Development Training held on April 1-2, and the recommendation of an advisory committee be established. PUBLIC HEARING 1. State of Alaska Alcoholic Beverage Control Board for a New Liquor License Application for a Brewpub License for Olds River Inn (Licensee/Applicant: Circle B, LLC). LYNCH moved to voice non-protest to the State of Alaska Alcoholic Beverage Control Board for a New Liquor License Application for a Brewpub License for Olds River Inn (Licensee/Applicant: Circle B LLC). The application was for a new brewpub liquor license at the Olds River Inn. The Clerk's office followed the procedure in KIBC 5.01.030 New license and transfer procedure. Public hearing notices were mailed to four landowners. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, LeDoux, and Lynch. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Spoke on topics during the Legislative Reception held in Juneau on March 26 that included reducing the state budget, marijuana, fisheries, Tustemena replacement funding, paving and upgrading Otmeloi Way, and home porting a fast response Coast Guard Cutter vessel in Kodiak. • Expressed gratitude to Borough Lobbyist Mark Hickey and Tuck Bonney of Alaska Pacific Seafoods, for their diligent effort on preparations for the Legislative Reception. • He stated that OSHA had inspected the landfill and the Borough was penalized $2400. The issues for which the penalties had occurred had been addressed. Kodiak Island Borough Assembly Regular Meeting Minutes April 2, 2015 Page 2 *Regular Meeting Minutes of April 2, 2015. Page 5 of 165 AGENDA ITEM #5.A. • Met with Superintendent Stewart McDonald and discussed the budget and the upcoming joint work session on April 23. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend announced the Comfish event of April 2-4. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Approval of Change Order No. 42 Amending Contract No. FY2013-24 for the Kodiak High School Addition and Renovation Project. PETERSON moved to authorize the Manager to approve Change Order No. 42 amending Contract No. FY2013-24 with Watterson Construction Company for the Kodiak High School Addition and Renovation Project in the amount of$210,169. The scope of the Kodiak High Addition and Renovation project included demolition of half of the existing Learning Center building to allow for parking and traffic through the new main entrance. The building was constructed in 1968 and was known to have asbestos containing materials such as fireproofing and floor mastic. The abatement of the existing material was shown on the design documents and was included in the contract for Watterson Construction. However, during the abatement work it was discovered that the concrete block exterior walls contained vermiculite insulation, which was an asbestos contaminated material. The asbestos material was not shown on any prior or existing drawings or documentation, and there was no way to know it existed prior to starting demolition activities. Upon discovery of the vermiculite, Borough project management staff worked with Jensen Yorba Lott architects, EHS-Alaska Environmental Consulting, Watterson Construction, and its subcontractors to come up with a plan for abatement. Because of the qualities of the material and its location in the cells of the concrete block, removal and containment required a lot of hand work and was very time consuming. Watterson Construction had submitted a change order request in the amount of$210,169. Staff recommended approving the change order on a time and materials basis, not to exceed $210,169. In addition, the equipment on site for demolition of the building was currently sitting idle, and Watterson Construction had stated that once the change order was resolved and they were notified to proceed with abatement of the vermiculite, an additional change order request would be submitted for $2,053 per day that the demolition had been delayed. It was imperative that the change order was resolved to keep down the delay costs. The construction contingency for the project was currently $2,136,686. There were adequate contingency funds to pay for the work required for the unforeseen condition. SKINNER moved to amend the main motion by changing the amount from $210,169 to $192,100. ROLL CALL VOTE ON MOTION AS AMENDED FAILED THREE TO TWO: Rohrer, LeDoux, and Peterson (No); Skinner and Lynch (Ayes). Kodiak Island Borough Assembly Regular Meeting Minutes April 2, 2015 Page 3 *Regular Meeting Minutes of April 2, 2015. Page 6 of 165 AGENDA ITEM #5.A. ROLL CALL VOTE ON MAIN MOTION CARRIED FOUR TO ONE: LeDoux, Lynch, Peterson, and Rohrer(Ayes); Skinner(No). Resolutions None. Ordinances for Introduction None. Other Items 1. Assembly Authorization to Allow the Appointment of the Same Person Whose Confirmation Was Failed by the Assembly. LEDOUX moved to authorize the allowance of the appointment of the same person whose confirmation was previously failed by the Assembly. At its regular meeting of March 5, 2015, the Assembly was presented with the mayoral appointment of Mr. Greg Spalinger to the Planning and Zoning Commission. Confirmation of the mayoral appointment failed two to two. If the Assembly allowed the appointment of the same person whose confirmation was previously failed by the Assembly, action to confirm the mayoral appointment would follow. If the Assembly did not authorize the appointment of the previously failed confirmation, confirmation of the Mayoral appointment would not take place. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: LeDoux, Peterson, Rohrer, and Skinner(Ayes); Lynch (No). 2. Confirmation of the Mayoral Appointment to the Planning and Zoning Commission (Greg Spalinger). LEDOUX moved to confirm the Mayoral appointment of Mr. Greg Spalinger to the Planning and Zoning Commission for a Borough seat with a term to expire December 31, 2017. There was one vacant Borough seat on the Planning and Zoning Commission for a term to expire December 31, 2017. The Clerk's Office received applications from the following: Kyle Crow, February 5, 2015 Steven Neff, February 5, 2015 Greg Spalinger, February 11, 2015 Jasha Zbitnoff, February 20, 2015 Mayor Friend requested that the Assembly confirm his appointment of Mr. Greg Spalinger for the Borough seat with a term ending December 31, 2017. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Peterson, Rohrer, Skinner, and LeDoux(Ayes); Lynch (No) CITIZENS' COMMENTS None. Kodiak Island Borough Assembly Regular Meeting Minutes April 2, 2015 Page 4 *Regular Meeting Minutes of April 2, 2015. Page 7 of 165 AGENDA ITEM #5.A. EXECUTIVE SESSION 1. Borough Manager's Evaluation ROHRER moved to convene into executive session to discuss the Borough Manager's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, LeDoux, and Lynch. Mayor Friend invited the Assembly members and Manager to join in the executive session. After the vote, Mayor Friend recessed the regular meeting and convened the executive session at 8:48 p.m. Upon returning from the executive session, Mayor Friend reconvened the regular meeting at 9:16 p.m. and announced no action was taken as a result of the executive session. ASSEMBLY MEMBERS' COMMENTS Assembly member Lynch addressed Mr. Rolan Ruoss's comment during the Special Work Session of April 2 and assured the competency and integrity of the Borough's Project Managers. She congratulated the Student of the Month Award recipient Shaloni Hochmuth. She also announced the next Kodiak Fisheries Work Group (KFWG)was scheduled on April 8 and a public roundtable forum was scheduled on May 12. The KFWG was soliciting for concerns and participation for the forum. Assembly member Lynch requested that a discussion on fireworks be placed on a work session agenda in the near future. She also commented on the Legislative Reception held in Juneau, March 26. Assembly member LeDoux spoke on residential construction costs. He requested an inquiry on obtaining road lighting between the City and the airport. And addressed concerns on the lack of pedestrian safety around the Coon Field area and suggested a pedestrian overpass. He spoke on his attendance at Comfish and commented on the valuable conversations he'd had. Assembly member Rohrer addressed Assembly member Lynch's inquiry on the fireworks discussion. He spoke on the Joint Building Code Review Board appointment process of filling seats and reestablishing. He also reported that Amy Fogle and Corey Gronn requested presentation time regarding the future use of the old swimming pool space. He also inquired about the fast response Coast Guard cutter vessels in Kodiak. Assembly member Skinner requested Clerk Javier send a compiled list of questions concerning the CAFR to the Assembly for future reference by Finance Director Short. She commented on the Comfish forum presenters Governor Mallott, Representative Stutes, Alaska Department of Fish and Game Commercial Fisheries Director Regnart, and Alaska Department of Fish and Game Director Cotten. She expressed gratitude to the community for attending the Assembly meetings and valued their comments. She announced the North Pacific Fisheries Management Council meetings being held on April 6-10 in Anchorage, Alaska. Announcements Mayor Friend announced the Assembly would hold a special work session on Thursday, April 9 at 6:30 p.m. in the Borough Conference Room to continue the review of the Comprehensive Annual Financial Report(CAFR). The special work session would be followed by a regular work session of the Assembly at 7:30 p.m. The next regular meeting was scheduled on Thursday, April 16 at 7:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Regular Meeting Minutes April 2, 2015 Page 5 *Regular Meeting Minutes of April 2, 2015. Page 8 of 165 AGENDA ITEM #5.A. ADJOURNMENT ROHRER moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, LeDoux, Lynch, and Peterson. The meeting was adjourned at 9:29 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes April 2, 2015 Page 6 *Regular Meeting Minutes of April 2, 2015. Page 9 of 165 AGENDA ITEM #6.A. dice f the C apr- C�k7 r k Osland C58miU97h, .6&ka 1 '11 Z1�tlQ1Z" DECLARING MAY 3 THROUGH MAY 9, 2015 MUNICIPAL CLERKS WEEK WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world;and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants;and I WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens,the local governing bodies,and agencies of government at other levels;and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all;and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community;and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops, and the annual meetings of their state,province,county,and international professional organizations;and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I,Jerrol Friend,Mayor of the Kodiak Island Borough,do hereby proclaim the week of May 3 through May 9,2015,as: Municipal Clerks Week and further extend appreciation to our Borough Clerk Nova Javier, Deputy Clerk Jessica Kilborn , Assistant Clerk Angela MacKenzie and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Ou witness wlrerrof(2F haw lrerernrto ret nri CCU .. cnrrl ae rcr X11 to 1r, etl. ... ::. .... IIIIIIIII IIIO(Niiiippo Ate Municipal Clerks Week Proclamation Page 10 of 165 AGENDA ITEM #6.B. I MEIN: WNI C�frce f the C4�apc�r Ckahak C�7sland O csr6uyh A,hska i Z���r�11Z�7'tt�1Z" DECLARING MAY 16 THROUGH MAY 22, 2015 NATIONAL SAFE BOATING WEEK WHEREAS, recreational boating is fun and enjoyable, and we are fortunate Kodiak Island has extraordinary resources to accommodate a variety of commercial and recreational boating demands; and WHEREAS, weather and sea conditions in Alaska waters present dangers year-round causing boating activity to be risky for the unprepared, and not knowing or obeying the Navigation Rules, drinking alcohol,or taking drugs while operating a boat,or choosing not to wear a life jacket are clearly unwise decisions,and WHEREAS, while the rate of recreational boating deaths has been decreasing, 650 people still die each year in boating-related accidents in the U.S., and 70 percent of these fatalities are caused by drowning;and WHEREAS, almost 85 percent of those involved in these drowning fatalities were not wearing a life jacket and a significant number of boaters lives could have been saved had they worn their Coast Guard approved personal floatation device;and WHEREAS, boating knowledge and skills may be learned locally in classes offered by the United States Coast Guard Auxiliary,are important in reducing human error and improving judgment;and WHEREAS, the United State Coast Guard Auxiliary also offers a free vessel safety exam for any recreational boat. NOW, THEREFORE, I,Jerrol Friend,Mayor of the Kodiak Island Borough,do hereby support the goals of the North American Safe Boating Campaign and proclaim May 16-22,2015,as: Safe Boating Week in the Kodiak Island Borough and the start of the year-round effort to promote safe boating_I urge all those who boat to be"Wear It."and practice safe boating habits. p C ,rr►eilnefs h_1iereaf, C97 h"herera110 rel in z. I c4;to mrd cc r sedd Via' , ezal I 17( 16- Safe Boating Week Proclamation Page 11 of 165 AGENDA ITEM #6.D. Camping Below Kashevaroff By Patrick Saltonstall,Alutiiq Museum Kashevaroff Mountain soars over the head of Womens Bay,a sentinel at the mouth of Salonie Creek and the broad,grassy valley beyond. Here, Kodiak's resource rich coastal waters meet grassy meadows and salmon streams.This protected environment offers excellent access to both marine and terrestrial resources and great places to live. Archaeologists believe that the head of Womens Bay once held a sizeable lake, a place where seals congregated to feed on spawning salmon. A decade of research along the terrace overlooking the valley illustrates the presence of numerous archaeological sites spanning Kodiak prehistory—camps and settlements hold evidence of fishing and hunting, and processing the catch. In 2012,archaeologists from the Alutiiq Museum discovered the Kashevaroff site,a large settlement on a terrace at the base of Kashevaroff Mountain—on Kodiak Island Borough land.A small house depression at the top of the site,the remains of an Alutiiq home, alerted investigators and suggested people lived here about 400 years ago. But the site proved to hold much more. Excavations revealed a complex set of layers more than six feet deep and covering Kodiak history. At the very top of the site, researchers found cow bones from the Bruhn Family ranch (circa AD 1900).At the bottom they encountered 7,000 year-old slate hunting lances. In between was a complex array of garbage and structure remains from a major settlement. The site appears to have been a place where people returned repeatedly but why? It is much larger than other settlements in the bay head and may have been a place used for a greater portion of the year or for longer stays. To continue revealing the history of Womens Bay,the Alutiiq Museum plans two additional years of research at the Kashevaroff site. To date,more than forty volunteers have participated in site excavations, including five local students who earned high school credit and another who earned college credit.The 2015 program will run for three weeks,from July 13-31,followed by a week of laboratory work at the Alutiiq Museum.A similar program will be established for the summer of 2016. This research is part of the Alutiiq Museum's Community Archaeology program,an effort to involve Kodiak residents in the study and preservation of Alutiiq history. The program unites museum scientists with students, interns and volunteers to explore the range of settlements found in Womens Bay.Since 1997,the program has investigated nine sites from the islands at the entrance to Womens Bay,to the Buskin River,the outer bay, and most recently,the bay head. X IT A l u I I, MUSEUM ARCHAEOLOGICAL (REPOSITORY Celebrating Culture Through Living Heritage—The Alutiiq Museum Presentation on the Salonie Creek Archeological Site - Patri... Page 12 of 165 AGENDA ITEM #6.D. ,e J��, Fjif 91 i I 1, 1 �� uuuuuuuuuuuuuuuuuuu u V I � min 1j%i�rro�r Presentation on the Salonie Creek Archeological Site - Patri... Page 13 of 165 AGENDA ITEM #6.D. Yi r^ 1' Ifs/ /%✓'/ /' /r/ / Jl r �ufli'ir N I I11 f 1 „ /✓ ij IF r/' I a I1r i e 'r • Presentation on the Salonie Creek Archeological Site - Patri... 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Kodiak Island Borough Office of the Borough Clerk � -. 710 Mill Bay Road ` Kodiak, Alaska 99615 = Phone (907) 486-9310 Fax (907) 486-9391 DATE: May 7, 2015 MEMO TO: Mayor and Assembly FROM: Nova M. Javier, MMC RE: Clerk's Office Update to the Assembly The last update I have given the Assembly was in November last year. I am proud to say that we were able to fulfill our duties during a three election year without a snag. Aside from the day to day tasks of providing support to the Assembly, we have been very busy staffing the Kodiak Fisheries Work Group. This month alone, the work group is holding two meetings and a Community Round Table Forum. The Board of Equalization is also staffed by the Clerk's Office. We coordinated training for them on April 15 and they held their BOE hearing on Monday. The Board will meet again on Monday to certify its actions. The last update I have given the Assembly was in November last year. I am proud to say that we were able to fulfill our duties during a three election year without a snag.Aside from the day to day tasks of providing support to the Assembly, we have been very busy staffing other Boards and Committees such as the Kodiak Fisheries Work Group and Board of Equalization. This month alone, the work group is holding two meetings and a Community Round Table Forum. The Board of Equalization is also staffed by the Clerk's Office.We coordinated training for the Board on April 15 and they just recently held their BOE hearing and the Board will meet again on Monday to certify its actions. Our agenda management software implementation has proven to be very successful. Aside from the Assembly's meeting packets, it is currently utilized by the other boards and committees. We also found other ways to utilize the software to distribute information and research requests to the Assembly. The Clerk's Office serves as the information center on functions of local government.We make every effort to ensure that we have an effective records and information management. We continue to take strides and some of what we accomplished the past few months are the following: • Updated five borough departments' records retention schedule • Provided training to borough employees regarding records • Resolved issues regarding retention of bond documents. Bond related documents needed to be sorted out and retained for 23 years. Clerk's Update May 2015 Page 1 of 2 Clerk's Office Update to the Assembly. Page 33 of 165 AGENDA ITEM #6.E. • Destroyed 2,500 lbs. of records—these are a combination of borough and Providence hospital records. • Solicited quotes for scanning of Community Development property files. My staff and I have successfully completed independent studies on Incident Command System courses 100, 200, 700, 800 and we recently attended the ICS300 class. Our goal is to take the next level of advanced classes. The next one offered is ICS-400 in July. My staff and I currently serve as Public Information Officers for Emergency Management. We participated in the planning of the social media implementation of the Facebook and Twitter platforms.We are aware of the importance of having a presence on social media and this is in keeping with the Assembly wishes to enhance its engagement to the citizens. We will continue our involvement to make sure that we are pushing out valuable and relevant information to the public. We are currently working on the hiring of the Borough Manager. I have begun the publications today for the position. Updates are being posted on Agendallotes. One of the strategic directions in your Strategic Plan is to maintain quality employees and develop a succession plan for key personnel. I am proud to say that I have held my Master Municipal Clerk designation since 2009, the Deputy Clerk currently is a Certified Municipal Clerk and is currently working on her Master Municipal Clerk Designation. The Assistant Clerk is working towards attaining her certification and she hopes to get that accomplished within this year. I am also proud to say that we are very active in the Alaska Association of Municipal Clerks. I currently serve as the second vice president and the Deputy Clerk serves as the secretary. We also serve on various AAMC committees and I have been serving numerous years the Alaska Municipal League Assistance Committee. Thank you for the opportunity to provide an update. Clerk's Update May 2015 Page 2 of 2 Clerk's Office Update to the Assembly. Page 34 of 165 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT '� � MAY 7, 2015 Pew . uti ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2015-10 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.35 Real Property Tax. ORIGINATOR: Dora Cross FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This ordinance will align foreclosure sections of borough code with State Statutes and repeal others in favor of established State Statute processes. It will also clarify delivery requirements for tax payments. This ordinance will also clarify the definition of mobile home, and, when the mobile home resides on rented property, it will assign the identity of responsible parties for ownership updates to the borough in order to facilitate tax collections. It also reaffirms that delinquent taxes on mobile homes can be collected by a personal action suit against the owner. This ordinance will specify any Board of Equalization appeals are to be filed in the Third Judicial District. It will also update any staff titles mentioned in code sections 3.35.010- 3.35.160 (i.e. Treasurer to Finance Director). Clerk's note: During Assembly discussion, staff was asked to insert additional wording "to the best of their knowledge" in Section 3.35.040 of the ordinance.A substituted version is now attached to the packet. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2015-10. Kodiak Island Borough Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 35 of 165 AGENDA ITEM #9.A. Introduced by: Borough Manager Requested by: Finance Director 1 SUBSTITUTED VERSION IInntrodudced: Revenue 04 Accountant /16/2015 2 Public Hearing: 05/07/2015 3 Amended: 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-10 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH AMENDING VARIOUS SECTIONS IN TITLE 3 REVENUE 11 AND FINANCE CHAPTER 3.36 REAL PROPERTY TAX 12 13 WHEREAS, the Borough assesses, taxes and forecloses on property pursuant to 14 borough code and state statute, and this ordinance will align this section of borough code 15 with the state; and 16 17 WHEREAS, it would clarify the definition of mobile home and the responsibility of 18 persons subject to taxation; and 19 20 WHEREAS, it would assign the identity of the party responsible for annual ownership 21 updates of mobile homes residing on rented property; and 22 23 WHEREAS, it would clarify the Judicial District to which Board of Equalization appeals 24 are to be made;and 25 26 WHEREAS, it would clarify the delivery requirements for timely and delinquent tax 27 payments; and 28 29 WHEREAS, it would repeal foreclosure codes in favor of establishing the foreclosure 30 process as defined by Alaska State Statutes. 31 32 NOW,THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 33 BOROUGH that: 34 35 Section 1: This ordinance is of a general and permanent nature and shall become a 36 part of the Kodiak Island Borough Code of Ordinances. 37 38 Section 2: That the list of sections set forth at Title 3 Revenue and Finance, Chapter 39 3.35 Real Property Tax,is hereby amended as follows: 40 41 CHAPTER 3.36 42 REAL PROPERTY TAX 43 Sections: 44 3.35.010 State law adopted NO CHANGES 45 3.35.020 Property subject to tax. 46 3.35.030 Real and personal property exempted from taxation NO CHANGES 47 3.35.040 Method of assessment. Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 1 of 18 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 36 of 165 AGENDA ITEM #9.A. 48 3.35.050 Board of equalization. 49 3.35.060 Final and supplemental assessment rolls. NO CHANGES 50 3.35.070 Addresses—Responsibility of persons subject to taxation. 51 3.35.080 Repealed. NO CHANGES 52 3.35.085 Method of determining the assessed value of property that qualifies for a 53 low-income housing tax credit under 26 USC 42. NO CHANGES 54 3.35.090 Property tax billing. 55 3.35.100 Correction of errors. 56 3.35.110 City taxes. NO CHANGES 57 3.35.120 Tax due dates and delinquency. 58 3.35.130 Exceptions. NO CHANGES 59 3.35.140 Late payments—Penalty and interest. 60 3.35.150 Enforcement of tax liens on real property. 61 3.35.160 'rep araxLk4w i Uae list. IFoirealllr su ire. 62 ,3 w35479 'a:al„1eG atd914 9t tlaa:f4„assi4+sau+s iest 63 w"! 35499. "Stu,„'4tI4rn44:f44Psni4sa4s l@” GGe94P@w 64 ,3 w35499 tIT;G aaeP@ d6leaa96914se66 b4sfGF6 seals., 65 335200 N4,Linn aai ta;ae nl4xsakf° list t4,.Iien h44fl e--: 66 ,3 33 319 , R1N 44„aau'nGPt 9t-c4+sts 67 ,3 33229 d nE4„asa1arrsiat "`u4 p ers4„iasl sstd914 68 ,3 33 23fQ 4 ar ni4„saa.i,:s RI 4„4 6641 a2.s. 69 ,3 33 249 d itsst 44 aGdgrnp tI4::an. 70 335250 N4;tinn a ai sxpl i°stia nm 4 xf e edernptk 14.,. 71 ,3 33 2gg d qed t4„b44;„rG69a :4, 72 73 Section 3: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 74 3.35.020 Property subject to tax is hereby amended as follows: 75 76 3.36.020 Property subject to tax 77 A. All real and personal property situated within the borough that is not exempt under the 78 laws of the State of Alaska, the Alaska Constitution, or the ordinances of this borough, is 79 subject to taxation at a rate not to exceed three percent of its full and true value in money 80 as assessed on the first day of January of the assessment year. 81 1. There is no limitation on taxes to pay bonds. 82 B. A private leasehold, contract, preferential use agreement, or other interest in any real 83 or personal property that is exempt from taxation pursuant to state or federal law, or for 84 any other reason, remains taxable to the extent of the private interest.(AS 29.45.030(A)). 85 C. The following definitions shall apply to this section unless otherwise expressly 86 indicated: 87 1. "Personal property” includes all property, whether corporeal or incorporeal, that 88 is not specifically included in this section's definition of "real property,” and 89 includes mobile homes, trailers, house trailers, trailer coaches, and camper 90 trailers, so long as they are not attached to the land or connected to water,gas, 91 electric, or sewage facilities, and are not registered with the State of Alaska 92 Department of Motor Vehicles as rolling stock. Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 2 of 18 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 37 of 165 AGENDA ITEM #9.A. 93 2. "Real property" includes not only the land itself, whether laid out in lots or 94 otherwise, but also all buildings, structures, improvements, fixtures of any kind 95 thereon, and also any possessory rights and privileges belonging to or in any 96 way appertaining thereto.The word "tract" includes all lands, pieces, or parcels 97 of land which may be separately assessed, together with fixtures and 98 improvements thereon. "Real property" also includes mobile homes, trailers, 99 house trailers, double-wide-type mobile or modular homes, trailer coaches and 100 similar property, which are used or intended to be used for residential, office, or 101 commercial purposes, and are attached to the land or connected to water, gas, 102 electric, or sewage facilities, except for those mobile homes and house trailers 103 which are held for sale by persons engaged in the business of selling mobile 104 homes. [Ord. FY2014-10 §3, 2014; Ord. 84-16-0 §1, 1984; prior code Ch. 3 105 subch. 1 §2. Formerly§3.20.020]. 106 3. "IfOolbiillle Ihmonies,," moire spediifiilcWIlly all ass iiifiiied as "niainu factumired Ih oumsiilin " 107 are ailll foinns of Ipirefalbiriicafed Ih oumsiilin tlhmat !!is Illars ellly asseumilbIlled iilin 108 factoiriies airmmf flhmeirm firarmspoirfemf fo suites of use,'The he dei"iilinliifiiion m f tlhme feirumm iilin 109 the U"Uinliited Mates!!is ire¢ umlllafed Iby U'edeirM Illaw(Code of IFedeirail Re¢ umlllabons, 110 24 CFR 3280), Ipairalplhmirased Ihmeire: Manufactured factumired Ihmonies are lbumiiilllf as 111 dwelllllliiiirm¢ a nliifs Of at least 320 square feet(30 nfl iilin size with a Ipeinnairmeir't 112 alhassiiis 'to assumire the uIii air d mmaainfiinumed trains poirfalimiiiIII Iity of the Ihmonie, 113 The irequmlilireniein't 'to have a wlhmeellled alhassiiis Ipeinnaipmeipm'fiy attached 114 diiiff'e ire iafes "mairmu factumired Ih oumsiilin " fironi m flhmeir 'fylpes of Ipirefalbiriicafed 115 hmonies,such as a iodumlllar Ihmonies. Foir purposes m f flhmiiis code a nioli iillle Ihmonie 116 or u°mmairmu fammtu iced Ihmonie!!is a dwelllllliiiirm¢ structure lbumiiilllf on a sfeelll alhassiiis air d 117 flitted with wlhmeellls flhmaf!!is iiiirmrf ninded to Ibe Ihmaumllled fo a umsumaillly Ipeinnairmeir't suite, 118 119 Section 4: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 120 3.35.040 Method of assessment is hereby amended as follows: 121 122 3.36.040 Method of assessment 123 A. All taxable property must be assessed at its full and true value as of the first day of 124 January of the assessment year. The full and true value is the estimated price that the 125 property would bring in an open market sale between a willing seller and a willing buyer 126 both conversant with the property, under the then-prevailing market conditions and with 127 prevailing general price levels.The assessor shall strive to make all assessments fair and 128 equitable. Taxable interests in otherwise non-taxable property, both real and personal, 129 shall be taxed based on the lessee's possessory interest in the property. 130 1. Real property shall be assessed to the owner of record as shown on the 131 records of the Kodiak district recorder; provided, however,that any other person 132 having an interest in the property may be listed on the assessment records with 133 the owner. The person in whose name any property is listed as owner thereof 134 shall be conclusively presumed to be the legal owner of record for tax purposes. 135 If the owner of the land is unknown,such land may be assessed to the unknown 136 owner or unknown owners. No assessment shall be invalidated by a mistake, 137 omission or error in the matter of the owner of real property assessed, if the 138 property is correctly described, and it shall be the responsibility of the owners of Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 3 of 18 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 38 of 165 AGENDA ITEM #9.A. 139 the property to keep the assessor properly informed as to their current address 140 and no assessment shall be invalidated on the basis of improper notice if it is 141 shown that the notice of value has been sent to the last known address of the 142 owner of record. 143 2. Personal property shall be assessed to the last reported owner of record as 144 contained in borough records. No assessment shall be invalidated by a mistake 145 or omission or error regarding ownership of personal property. It is the 146 responsibility of the owners of personal property to keep the assessor properly 147 informed as to the current status of their business, whether active or inactive 148 and their current mailing address. 149 3. On or before February °9st of each year., the owineo-.s of niolbiiillle Ihmonie parks 150 or oflhmeir piropeirdes upoin wlh iilchm are siiituated one or moire niolbiiillle Ihmonies 151 that do not Ibellloing to the owineir of tlhme uindeirhlyilling Illand,s1hma1111 su llaniiiif fo tlhme 152 borough assessor a irepoirf tlh at 'to VIIuc Ibest of Wllu it Ilkirwwlodge, i!I!deintiiifiiies 153 the owineir of irecoird Moo-° each niolbliillle Ihmonie Illocated on tlhmeliiir property, as 154 we111111 as the niaflllling addiresses and otlhmeir coin'tact i!I!infoirniafiiioin foir those 155 owineo-.s. IIIf flh iiis i!I!infoirniafiiioin !!is not received by the assessor by February 1., 156 a1111 niolbiiillle Ihmonies, structures and fiiixtu ices siiifuafed on the Illand s1hma1111 Ibe 157 assessed 'to the Illand owineir a nllless the borough oflhmeirwiiise coinf irrmis 158 owineo-.slh iiilp by anotheir owineir of irecoird, 159 4. The assessor may list real property located in any subdivision by lot and block 160 or tract description, and unsubdivided property according to the land office, 161 section and township survey description, or by giving the boundaries thereof, or 162 by reference to the book and page of the records of the Kodiak district recorder 163 where the description may be found, or by designation of tax lot number 164 referring to a public record kept by the assessor of descriptions of real property, 165 or in such other manner as to cause the description to be capable of being 166 made certain. Initial letter, abbreviations, fractions and exponents to designate 167 the township, range, section or part of a section, or the number of any lot or 168 block or part thereof, or any distance, course, bearing, or direction may be 169 employed in any such description of real property. 170 4 5. A private interest in public property is taxable. When any real or personal 171 property which would otherwise be exempt from taxation because of ownership 172 or control by a federal, state, or municipal government, or by some other tax 173 exempt entity is leased, loaned, or otherwise made available to and used by a 174 private person,such person's interest therein shall be taxed in the same manner 175 as taxes assessed to owners of real property,except that taxes assessed under 176 this subsection shall be a lien only on the interest in the property of such person. 177 Private leaseholds, contracts or other interest in land, or property owned or held 178 by the United States, the state, or other political subdivisions and other tax 179 exempt entities shall be taxable to the extent of the value of the possessory 180 interest. 181 41-G, The assessor,either personally,or through any designated assistant,shall, after 182 identifying themselves, have the right to enter upon and inspect the premises of 183 any person at reasonable times for the purpose of making an examination, 184 evaluation or assessment of the real property. The assessor or the assessor's Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 4 of 18 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 39 of 165 AGENDA ITEM #9.A. 185 agent shall have access to and may examine all property records relevant to its 186 valuation, including but not limited to income and expense statements, rent rolls, 187 leases, pertinent income tax forms, and sale closing documents. Any person 188 shall, upon request,furnish to the assessor or designated assistant every facility 189 and assistance for the purpose of such examination,evaluation,or assessment. 190 t ,''. The borough shall keep confidential all proprietary records received by the 191 assessor's office, for which there exists a reasonable expectation of 192 confidentiality. Such records may include tax returns, rent rolls, income and 193 expense statements, sales and finance information, and other financial 194 information that is not readily accessible by some other means. 195 B. Contents of Assessment Roll. The assessor shall complete the listing of the annual 196 assessment roll of all real and personal property within the corporate limits of the borough 197 before the last day of February of that assessment year. The assessor shall prepare an 198 annual assessment roll upon which shall be entered the following particulars: 199 1. The names and last known addresses of all persons with property liable to 200 assessment and taxation; 201 2. A description of all taxable property;and 202 3. The assessed value of all taxable property. 203 C. Notice, Publication,and Correction of Assessment Roll. 204 1. The assessor shall give to every person named in the assessment roll a notice 205 of assessment showing the assessed value of his property. On the assessment 206 notice shall be printed a brief summary of the information for the taxpayer; of the 207 dates when the taxes are payable, delinquent and subject to interest and 208 penalty; final dates for appeal of the assessment to the board of equalization; 209 dates when the board will sit for equalization purposes; and any other particulars 210 specified by the borough assembly.The assessment notice shall be directed to 211 the person to whom it is to be given and shall be sufficiently given if it is mailed 212 by first-class mail addressed to, or is delivered at, his address as last known by 213 the assessor. If the address is not known to the assessor, the notice may be 214 addressed to the person at the post office nearest to the place where the 215 property is situated. The date on which the notice is mailed shall be deemed to 216 be the date on which the notice is given for purposes of this chapter. 217 2. When valuation notices have been mailed, the assessor shall cause notice that 218 the assessment rolls have been completed to be published in a newspaper of 219 general circulation, published in the borough at least once each week for two 220 successive weeks. If no newspaper of general circulation is published in the 221 borough, the assessor shall have the notice posted at two public places for a 222 period of two weeks. The notice shall state when and where the equalization 223 hearings will be held. 224 3. The assessor may correct an error or supply an omission in the assessment roll 225 at any time before the sitting of the board of equalization. It shall be the duty of 226 every person who receives a notice of assessment to advise the borough 227 assessor of any error or omission in the assessment of the person's property,so 228 that the borough assessor may correct any errors in the assessment roll. Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 5 of 18 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 40 of 165 AGENDA ITEM #9.A. 229 4. Period of Review. The borough assessor or designees may perform reviews of 230 assessed values within 30 days of the date that assessment notices have been 231 mailed. 232 a. A property owner may appeal an assessment of their property to the 233 assessor or designees and upon providing credible information or 234 upon a more in depth inspection and analysis of the property at the 235 owner's request the assessor may adjust the assessment 236 appropriately if found to be in error. 237 b. The property owner may appeal the assessor's valuation to the board 238 of equalization, using forms provided by the borough, within the 239 original 30-day time frame from the mailing of the original notice.The 240 assessor review will not suspend or delay the final date of written 241 appeal to the board of equalization. [Ord. FY2014-10 §5, 2014; Ord. 242 82-33-0, 1982; Ord. 81-47-0, 1981; Ord. 71-4-0, 1971; prior code 243 Ch. 3 subch. 1 §4A. Formerly§3.20.040]. 244 245 Section 6: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 246 3.35.050 Board of equalization is hereby amended as follows: 247 248 3.36.060 Board of equalization 249 A. Membership,Qualification, Duties,Terms. 250 1. Members. The board of equalization shall be composed of five persons, not 251 assembly members, appointed by the assembly.At least one alternate member 252 shall be appointed. 253 2. Qualifications. Members and alternate members should be appointed on the 254 basis of their expertise in real and personal property appraisal, the real estate 255 market, the personal property market, and other fields related to their functions 256 as board members. Each member shall be a qualified voter of the borough and 257 shall remain a resident of the borough while in office. Borough employees may 258 be appointed to serve on the board of equalization unless they are employed by 259 the finance or assessing departments. 260 3. Duties.The board may determine equalizations on properties brought before the 261 board by appellants. It shall only hear appeals for relief from an alleged error in 262 valuation on properties before the board by an appellant. 263 4. Terms of Office. Upon confirmation, members and alternate members shall 264 serve for three years or until their successors are appointed and confirmed. Of 265 the members initially appointed, two shall serve three-year terms, two shall 266 serve two-year terms,and one shall serve a one-year term. 267 5. Hearing Dates.The board shall commence hearings on the first Monday in May, 268 unless otherwise changed by resolution. Hearings will continue from day to day 269 as established by the board and the borough clerk until all properly filed appeals 270 have been heard. 271 B. Chairperson. The board annually shall elect a member to serve as its chairperson. 272 The chairperson may call meetings of the board, shall exercise such control over 273 meetings as to ensure the fair and orderly resolution of appeals, shall make rulings 274 on the admissibility of evidence, and shall conduct the proceedings of the board in Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 6 of 18 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 41 of 165 AGENDA ITEM #9.A. 275 conformity with this chapter.A vice-chairperson shall also be selected to serve in the 276 chairperson's absence. If both are absent, the members present shall select a 277 person to preside. 278 C. Appeals to the Board. 279 1. A person whose name appears on the assessment roll, or the authorized 280 representative of that person, may appeal to the board for relief for an alleged 281 error in valuation not adjusted by the assessor to the taxpayer's satisfaction. 282 The authorized representative shall be named by the property owner in writing 283 to the assessor and board of equalization at the time of filing or no later than 284 three days in advance of hearing. The time requirement for providing a 285 representative in writing may be waived at the determination of the board during 286 the hearing if good cause is shown that may include, but not limited to, the 287 following: stranded from Kodiak due to inclement weather, serious medical 288 condition,serious family emergency,or death in the family. 289 2. The appellant shall,within 30 calendar days after the date of mailing of notice of 290 assessment, submit to the assessor a written appeal specifying grounds for 291 such appeal. The board shall prescribe the form in which written notices of 292 appeal shall be made. Otherwise,the right of appeal ceases unless the board of 293 equalization finds that the taxpayer was unable to comply within the 30-day 294 appeal period and grants a hearing to the appellant. 295 3. The assessor shall notify the appellant by mail,and email if provided, of the time 296 and place for the hearing and assign a docket number of appeal. 297 4. If parties to whom notice was mailed as provided herein fail to appear,the board 298 may proceed with the hearing in their absence. All parties, their authorized 299 representatives,and witnesses must appear in person at the hearing. 300 5. The assessor shall prepare for use by the board of equalization a summary of 301 assessment data relating to each assessment that is appealed. This summary 302 shall be provided to the board and made available to the appellant at least 10 303 calendar days before the hearing. Summary of assessment data for late-filed 304 appeals granted by the board will be provided as soon as practicable. 305 6. A city in the borough may appeal an assessment to the borough board of 306 equalization in the same manner as a taxpayer. Within five days after receipt of 307 the appeal, the assessor shall notify the person whose property assessment is 308 being appealed by the city. 309 7. A property owner who seeks to appeal the assessor's valuation,after the 30-day 310 filing period has closed, shall file a letter with the assessor stating the reasons 311 why the property owner was unable to comply with the 30-day appeal period. 312 The deadline to file a late-file request is on April 15th of the current assessment 313 year. Should April 15th fall on a Saturday or Sunday, late filers shall have until 314 4:30 p.m.on the first Monday following to file their request. 315 316 On the next business day following the deadline to file a late-file request or as 317 soon as is practicable, the board shall consider each letter and shall only 318 consider reasons the appellant was unable to comply with the 30-day appeal 319 period. It shall not consider evidence regarding property valuation.The appellant 320 may not make an oral presentation at the hearing. The determination shall be Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 7 of 18 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 42 of 165 AGENDA ITEM #9.A. 321 based on the letter and supporting documents. The board shall interpret the 322 term "unable to comply" as meaning that a property owner must demonstrate 323 compelling reasons or circumstances which would prevent a reasonable person 324 under the circumstances from filing an appeal in a timely manner during the 30- 325 day appeal period. 326 327 If the late-file request is granted, the property owner shall have five calendar 328 days from the decision of the board to file an appeal and submit to the 329 assessor's office all documentary evidence in their possession which they wish 330 to be considered and which is relevant to the resolution of the appeal. If the late- 331 file request is denied,the assessor shall notify the property owner of the board's 332 decision in writing. 333 D. Quorum and Voting. 334 1. Quorum.A quorum shall consist of four members. 335 2. Voting. The granting of any appeal or part thereof shall require the concurring 336 vote of at least three board members. Any appeal or part thereof which is not 337 granted by the board shall be considered denied. 338 E. Hearings, Procedures. 339 1. Record. The clerk is the ex officio clerk of the board and shall prepare the 340 board's minutes. The clerk shall keep electronic recordings of the board's 341 hearings per the borough retention schedule. The board of equalization 342 summary certification will constitute the board's minutes. 343 2. Counsel. All parties may be represented by counsel during hearings before the 344 board. On procedural matters, the borough attorney may offer legal counsel to 345 the board in the course of its proceedings. Upon the recommendation of the 346 borough attorney,the board may retain legal counsel from another attorney for a 347 particular matter. 348 3. Appeal Number. Every appeal shall be assigned a docket number which, along 349 with the name of the appellant, shall be read into the record before the hearings 350 on the appeal may commence. 351 4. Burden of Proof. The burden of proof rests with the appellant, who must 352 convince the board by clear and convincing evidence that the assessment was 353 unequal, excessive, improper, or undervalued based on the facts stated in a 354 written appeal or proven at the appeal hearing in accordance with subsections 355 (E)(5) and (7) of this section. If the valuation is found to be too low, the board 356 may raise the assessment.The borough shall make available to the appellant all 357 reasonably pertinent documents requested for presentation of the appeal, 358 including but not limited to documents presented or requested by the board of 359 equalization for presentation of the appeal in accordance with subsection (C)(5) 360 of this section. 361 5. Rules of Evidence. Evidence shall only be presented by the appellant and the 362 assessor or their authorized representative.The board shall not be restricted by 363 the formal rules of evidence; however, the chairperson may exclude evidence 364 irrelevant to the issues appealed. Hearsay evidence may be considered, 365 provided there are adequate guarantees of its trustworthiness and that it is more 366 probative on the point for which it is offered than any other evidence which the Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 8 of 18 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 43 of 165 AGENDA ITEM #9.A. 367 proponent can procure by reasonable efforts. The appellant must submit to the 368 assessor's office by April 15th all documentary evidence in their possession 369 which they wish to be considered and which is relevant to the resolution of the 370 appeal. Should April 15th fall on a Saturday or Sunday, appellants shall have 371 until 4:30 p.m. on the first Monday following to submit their evidence. 372 373 This evidence includes but is not limited to purchase and closing documents, 374 appraisal reports, brokers' opinion of value, engineers' reports, estimates to 375 re pair, rent rolls, leases, and income and expense information. The board of 376 equalization may in its discretion decline to accept documents offered at the 377 hearing which should have been provided by April 15th. In exercising this 378 discretion, the board shall consider the relevance and probative value of the 379 documents which are under consideration, accepting those documents which in 380 all fairness are necessary to a fair resolution of the appeal. Prior to the board 381 meeting, the appellant and assessor may agree to an extension of time for the 382 production of evidence. 383 6. Order of Presentation.The order of presentation is as follows: 384 a. The appellant shall present evidence and argument not to exceed 385 five minutes. 386 b. Following the appellant, the assessor shall present the borough's 387 evidence and argument not to exceed five minutes. 388 c. The appellant may make a rebuttal presentation directed solely to 389 the issues raised by the assessor not to exceed two minutes. 390 d. The assessor may address the rebuttal by the appellant not to 391 exceed two minutes. 392 Each party shall be allowed a total of five minutes to present evidence and make 393 oral argument. The time limits allotted include presentations from either the 394 appellant's or assessor's authorized representatives, counsels, or witnesses. 395 Additional time may be permitted by the board depending on the complexity of 396 the case. The members of the board may ask questions, through the 397 chairperson, of either the appellant or the assessor, authorized representatives, 398 counsels, or witnesses at any time during the hearing. After both the appellant 399 and the assessor have made their presentations, each may question the other 400 through the chairperson.The chairperson may end the questioning and call for a 401 motion from the other members. 402 7. Witnesses, Exhibits and Other Evidence. The appellant and the assessor may 403 offer the oral testimony of witnesses and documentary evidence during the 404 hearing. At the request of the appellant, evidence submitted pursuant to 405 subsection (E)(5) of this section relating to the assessed valuation of property 406 used in an income-producing commercial enterprise shall be confidential. The 407 assessor and the appellant may stipulate to facts to be presented to the board, 408 provided the assessor has received credible and reliable evidence to establish 409 the facts. 410 411 The only exhibits that shall be admitted into the record at the hearing are those 412 exhibits provided pursuant to subsection (E)(5) of this section. However, at the Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 9 of 18 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 44 of 165 AGENDA ITEM #9.A. 413 hearing, parties may use demonstrative or illustrative exhibits; provided, that all 414 such exhibits are duplicates of exhibits or information provided to the board 415 pursuant to subsection (E)(5) of this section. Additionally, witnesses may write 416 on a board while orally testifying to illustrate their testimony. The limitation on 417 the use of exhibits in this section shall not preclude the parties from presenting 418 oral testimony at the hearing. 419 8. Decisions. 420 a. The assessor may recommend changes to the existing value during 421 the hearing. 422 b. After the appellant and assessor have presented their cases, the 423 hearing shall be closed by the chairperson, and no further evidence 424 shall be offered or considered in deliberations unless a member of 425 the board of equalization asks for additional information from either 426 party. Both parties shall be given an equal opportunity to respond to 427 any such requests for additional information. 428 c. The board may decide the appeal after the presentations, or it may 429 defer a decision no later than 30 days after the hearing date. Final 430 board action shall be taken by motions that set out specific findings 431 of fact at the meeting and shall not be reconsidered, amended, or 432 rescinded by the board. Only one motion may be on the floor at a 433 time, and the board shall vote on the motions until its findings are 434 established. The vote must be taken and entered in the permanent 435 record of the proceedings.The motions available for the board are: 436 i. Motion to uphold the assessor's valuation. 437 ii. Motion to reduce the assessment. 438 iii. Motion to increase the assessment. 439 iv. Motion to dismiss the appeal. 440 v. Motion to defer the decision. 441 vi. Or any other motion set out in Alaska Statutes and 442 regulations governing board of equalization appeals. 443 d. No later than 30 days following the hearing,the board shall render a 444 written decision which includes findings of fact based on evidence 445 presented at the hearing clearly stating the grounds upon which the 446 panel relied to reach its decision and advising all parties of their right 447 to appeal the decision to superior court. 448 9. Certification. The board shall certify its actions to the assessor within seven 449 days following its adjournment. 450 F. Further Appeals.Any appeal of a decision of the board shall be made to the Ssuperior 451 CGourt, 'Thiilird Ju.udliiallat IDlilstriilat, State oaf Alllaslka. No appeal of a board's decision to the 452 superior court may be taken unless the action is filed and the borough attorney is served 453 with notice of such appeal within 30 days following the board's written decision. [Ord. 454 FY2014-10§6,2014; Ord. FY2012-04§4,2011; Ord. FY2011-12§2,2011; Ord. 98-03§2, 455 1998;Ord.78-21-0§1, 1978. Formerly§3.20.050]. 456 Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 10 of 18 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 45 of 165 AGENDA ITEM #9.A. 457 Section 6: Title 3 Revenue and Finance, Chapter 3.35 Real Property Tax and Chapter 458 3.35.070, Addresses — Responsibility of persons subject to taxation, is 459 hereby amended as follows: 460 461 3.36.070 Addresses—Responsibility of persons subject to taxation 462 It shall be the responsibility of every person who owns or controls real or personal property 463 subject to tax by the municipality to file with the office of the assessor the address where 464 he will receive notices, bills, or other correspondence regarding taxation. No person shall 465 be excused from paying taxes or penalties thereon for the reason that he did not receive a 466 tax notice, bill, or any other correspondence due to an improper mailing of assessment 467 notice, billings, or other correspondence. '11 ue owineo-.s of moll iillle Ih onies Illocated wiiithiilin 468 moll iillle Ih onie Ipairks, or on Illand in not owned by the moll iillle Ih onie owineir, are in not 469 exenilpted t'ironi tlhme irequ.uiiiirenieints of tlh iiis seabon, iri twiiitlhmstairirtiiiiri9 tlhme piroviii sill ons set 470 foirtlhm at seaboin 3,36,040(A)(3), [Ord. FY2014-10 §7, 2014; Ord. 78-21-0 §4, 1978. 471 Formerly§3.20.062]. 472 473 Section 7: Title 3 Revenue and Finance, Chapter 3.35 Real Property Tax and Chapter 474 3.35.090, Property tax billing,is hereby amended as follows: 475 476 3.36.090 Property tax billing 477 The tea&:u rep'fill inaince rtiiiireatoir, upon receipt of the certified assessment roll and with the 478 millage rate established by the assembly, will cause to produce property tax bills for all 479 property owners of record.These tax bills will be mailed to the most recent address on file. 480 [Ord. FY2014-10§8,2014;Ord.82-7-0, 1982. Formerly§3.20.085]. 481 482 Section 8: Title 3 Revenue and Finance, Chapter 3.35 Real Property Tax and Chapter 483 3.35.100,Correction of errors,is hereby amended as follows: 484 485 3.36.100 Correction of errors 486 A. Correction of Error in Billing of Penalty and Interest. When it is shown to the G4+- -G' 487 P&Gal GfPG9F fii4121rICe diiiirectoir that a taxpayer has been billed erroneously for tax, tax 488 penalty, or interest because of administrative error by the borough, the s-risf=+ + s 489 fiiiinair ce rtiiiirectoir may adjust the tax bill accordingly. 490 B. Correction of Errors in Assessment.The assessor may correct errors or omissions in 491 the roll before the board of equalization hearing. No changes to the roll can be made once 492 the board has certified their actions except: 493 1. The assessor may correct a manifest clerical error in the assessment roll at any 494 time. A manifest clerical error is a typographical, computational, or other similar 495 error readily apparent from the assessment notice, tax statement or other 496 borough tax and assessment records and made by a borough employee in the 497 performance of typing, record keeping, filing or other similar duties. A manifest 498 clerical error does not require extrinsic evidence to make it clear. 499 2. The assessor may correct an omission of the roll as described in KIBC 500 3.35.060(C)at any time. 501 C. All rights provided by this chapter, including but not limited to rights to appeal and 502 times for making payments, shall be reserved to the person receiving a corrected Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 11 of 18 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 46 of 165 AGENDA ITEM #9.A. 503 assessment or tax bill as of the time the new assessment or billing is mailed. [Ord. 504 FY2014-10§10,2014; Ord.82-7-0, 1982; Ord.78-21-0§3, 1978. Formerly§3.20.086]. 505 506 Section 9: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 507 3.35.120 Tax due dates and delinquency is hereby amended as follows: 508 509 3.36.120 Tax due dates and delinquency 510 Taxes are due when billed. If payment is by a single payment, such payment must be 511 plhmysiilcWIlly received in the boiroum¢ Ihm finance office on or Ibefoire fiiifteein clay oaf October iilin 512 the year iilin whmiiimmlhm taxes are Illoviiied, or postmarked by the United States Postal Service 513 OEfeG6(USI not metered machines, by the 514 clue date Taxes levied in any given year may be paid in two equal installments. If the 515 taxpayer elects this option, then the first half is delinquent unless it is delivered to x 516 plhmysiilcWIlly received by the borough office or postmarked by the USPOS, not metered 517 machines, pri „a k„rrecdi eplut on or before the fifteenth day of August in the year in which the 518 taxes are levied. The second half of the taxes thus levied is delinquent unless it is 519 cdelevered tg plhmysiiimm iIllly received by the borough fiiiinair ce office or postmarked by the 520 USPOS, not metered machines, iiiisnr ta„ nil dnight on or before the fifteenth day of 521 November in the year in which the taxes are levied. If the annual levy is made on or after 522 the first day of June, the borough assembly may by resolution establish a later 523 delinquency date. Taxes normally become delinquent after the dates mentioned in this 524 section. [Ord. 99-02§2, 1999; Ord. 88-30-0, §2, 1987; Ord. 84-24-0, 1984; Ord. 82-33-0, 525 1982. Formerly§3.20.088]. 526 527 Section 10: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 528 3.35.140 Late payments — Penalty and interest is hereby amended as 529 follows: 530 531 3.36.140 Late payments—Penalty and interest 532 If the first payment is not paid when due,the entire tax becomes delinquent and subject to 533 a penalty of 10 percent of the entire tax and interest shall accrue on the unpaid principal 534 balance, excluding the penalty, at the rate of 12 percent per year. If the first payment is 535 paid when due but the second payment is not paid when due, the unpaid balance of the 536 tax becomes delinquent and subject to a penalty of 10 percent of the unpaid balance, and 537 interest shall accrue on the unpaid principal balance, excluding the penalty, at the rate of 538 12 percent per year. Partial payments shall be applied first to accrued penalties, then to 539 interest, then to principal. Notwithstanding the acceptance of partial payment, the unpaid 540 balance remains delinquent and the lien therefore enforceable in accordance with law. For 541 the purposes of this section, a payment is paid when due only if it is physically received in 542 the boiroum¢ Ihm finance office by the due date or is postmarked by the 99PO Uinliited States 543 1 Service, tg P*G on or (before the due date. 544 IPaynieints received afteir tlhme clue date that bear a Ipostniairk generated by a nieteired 545 u°mmachmiiline tlhmat !!is not iilin the possessiilon and mma n'trolll oaf the Uinliited States I 546 Service slhmallll Ibe deemed dellliiiirmq,umein't [Ord. 99-02 §2, 1999; Ord. 93-36 §2, 1993; Ord. 547 86-25-0, 1986; Ord.82-33-0, 1982; Ord.80-22-0§1, 1980. Formerly§3.20.090]. 548 Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 12 of 18 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 47 of 165 AGENDA ITEM #9.A. 549 Section 11: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 550 3.35.150 Enforcement of tax liens on real property is hereby amended as 551 follows: 552 553 3.36.160 Enforcement of tax liens on real property 554 A. Real Property Tax, Lien, Date.Taxes on real property are a prior and paramount lien 555 on the property upon which the taxes are levied. The lien includes any penalty or interest 556 which may accrue from the delinquency date. The lien attaches on the first day of the tax 557 and/or assessment year in which the taxes are levied. 558 B. If the tax on real property is not paid when due,the 4seew44 borough may enforce a 559 lien on the tax by the sale of the property assessed after foreclosure in the special 560 proceedings provided for by the Alaska Statutes, by order of the superior court of the 561 district where the property assessed is located:,with the ex celpfiiloin tlhmat ufellliiiiraq,uoir't real 562 property faxes fear niolbiiillle Ih onies flhmaf are Illocated oin Illairauf flhmaf!!is not owned by the 563 niolkxliillle Ihmonie's owineir oaf irecoird o-xaay Ibe eipnforeed by a Ipeo-°sa inW aurfoin as a4ist the 564 ufellliiiiraq,uoir't faaupayer brought t iiiira the ufiiisfriivaf or superlior cou irt, iiiira acid ii!It!!!o n 'to aaflhmer 565 irenieufiiies avaiilllalbllle to eirarfoiree tlhme Illiiieira. 566 C. If the tax on a leasehold interest in a tax exempt property is not paid when due, the 567 borough may enforce the tax by a personal action against the delinquent taxpayer brought 568 in the magistrate or superior court, in addition to other remedies available to enforce the 569 lien.[Ord. 84-1-0§1, 1984; prior code Ch.3 subch. 1 §9. Formerly§3.20.100]. 570 571 Section 12: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 572 3.35.160 a x � t- #7O- fcraclasadra.. list. Foreclosure, is hereby 573 amended as follows: 574 575 3.36.160 Preparaluoua of,the forecllasuxre-Ilusl Foredllosure 576 When the accenil:l ly eleetc tai pi-<aceecd under der the Alasl,a Statutes tcx enfcriGe the Hen cxf 577 taxes apaliact real per�npcerty Lhe t.s4 aeuuFeu:..cl;all, Y+1P1#444 e64cI4 Liere as Lhe cacceerl nlY rdIF6G:te 578 ngab"ce aul a.a r „ll eau.cd6j@lecate Gf all real pr „pcerty e64biect tg fGi ccl „afire i lac..0 „lle&hall 579 the iaame 9f eac64 I alxlxearx;@ 4e latest tax i-�nl.l...ae tlae G7sx;er Lax cdellnts6 ei# 580 pi-aapeity, a cdecerlptknnn ouf each-Iorc-oj„ertyr as It appears the latest tax raxll, the year our- 581 year&fc�xr which the taxes are delis:�quueraL, LIae anicr urrt cxf cdellriq ueiat-taxes fcar-each year ai: d 582 pxeiaalt� and lntereeL tlae-egia acea641140 tl;e day clx nq444t:466 a#91F the day 4 4f..d9lI14g64errcyr 4 4f 583 taxes�nf#4e latest year 11ae treaa6rer ehall el;Gk:�nFae o,ia tlae rGIl a Gel4l:PGate 6n der bal!e hand 584 4H4-#4e 4 a-#69 4-Gw4:e -xa44--Gf-tlae.cdeleng6ei4 taxe.c...Gf tl e 585 tx „i x u2lt:fao-the years sricr rer Il he i-aall shall e Icer;xvtirer as the faaeeel rs6aee llstaaf the tx;„IrcxGu la 586 tGIF t149 Year iia V44ich it lc rnade aulx, aiad tdae Lbte c11e4a and 587 r-ernalia r„,Ixen Loy 4w+ l-a;a Live p 61:41ec... 04-8 7 49,11� RF!44F cancie Ql4w 3 e64b Gl; .f.. 588 §49 Pzgrrnerly 3.,, tt.1491.,,, 589 gym. The borough slhmallll prepare aira ar inu M foredllosure Illiiisf Ipuo-.suair't to A,S,29,46.330, 590 1 The Ipo-oviii sill oins o,f A,S,29,46.330 flh irou ghm 29,46,490 alplpllly to borough ufellliiiiraq,uoir't 591 Ipropeo-mfy fax foireua III osu ires. 592 0a. The borough slhmallll not foreualllose as a4isf property flhmaf iiif Ikiraaaws Ihmas Ibeeira 593 defeinniilined by a fedeiral state or IllaacW as eip cy 'to Ibe atiauaipntmniiiipnafed or fouuip d 'to 594 uauaiparfaiira hazardous niaterlials subject 'to re¢ a lllafiiloin by a fedeiral, state or Illaau'w Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 13 of 18 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 48 of 165 AGENDA ITEM #9.A. 595 goveirir nneirurt. '"flhe boirouughm niay proceed with a personal ae'doiru as a4ist the 596 dell i!I!nquuoin't taaapayeir to colll III euat tlhme tax,coasts,Ipeiruafty airuut iilinteirest. 597 598 Section 13: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 599 3.35.170 Publication of the foreclosure list is hereby repealed: 600 601 866 f f6.-Iluuulcdfcafwcua cf"the faicecllcsu,uFs..p.pst 602 After the ca wnpletkam a of the fn nrecIl<aG re list, the treasGuv eir.shall, under the cdlrectn m the 603 asseeml fly, have irual dished In the,r,fficeal newerslwapee-a of the ca n iva ae=atria ava, n n .ln a newersp alwer 604 9f 6e14ee14 GlaG alatynn In tl;q 1:4G ynu461a designated b;y tlae asseimbylyy_a M4:4ce 6aacdeF tl4e l4 aiwd 605 Gf the taeas6 e 606 607 n<aat less than 30 days after the tiuin al Iwualfllcatnm p<aGtnt6., where [roxstietp is aGuth<aar=iwecd aaf 608 the mays dce, the fn,,recly*wre lest ve,(Ill.b+e pwreseiated tyh-tlae suupcerkvy r cuAot n+f fuudgn7ent aawcd�w der 609 Gf saime,.. 04 92 f C, 4..9331 1 G4:49 Ql4w 3 s64bGl4 1 §11 I G imGFIY§3W29424:: 610 611 Section 14: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 612 3.35.180 Notice of foreclosure proceeding is hereby repealed: 613 614 13611480 Natice.-cf°f recfcsuuuae Il Facee6fuu9, 615 Aw t3n... tlae day ; end--4n-- tlac a44;4rice pwi 4 VId9cd a A--Ge4e4end--G4F�Y- floe 616 tG1s4GI44661e lest tG99t14ea:..,aya414 ,a-1 444H- fG Il6 dgi e11# to we e mat y„ tlac.. 617 cuxuai-t I y;atece xf the fyaeecl xsaaee i r<, ceecdings shall tae given Iayyy f xur weeldyy loualdicati ms xf 618 the tG1s4GI44661 4 I st iia a ne�seslaapcea y46eneaal GIica:alategia iia the byy„i,,Ga6dr designated by the 619 620 T149 pee icm claWat@ecd by tdae iaeyyspcalaei slacll be at ti!ae gate Ica +vecdeui...by laYVw T149 R61:41lGatey414 621 y,xf the f�xieclyasGa.i,e lest is suffident service (4H-each peirsyan having r-lnteeest In the 622 pra„peity., f I treasure-shall,werithlia 10 days after he first date aaf Icualdicatnm, email-tnx each 623 pceisy„ia tgweylagn7,..a taact..is useeaac3 w4v, audscdesciil„iaaq tlwe 624 pci y„pwertyyy-sand the-aims+Gaut-cfaue as-etatecd y„ar tdre tG ecly„s6 e-I-ist 625 9w is 4ye—c tlaeire... - -Pas p �8 p���� ”, aedslcaeer coal„leslaaaf aaw-tlae..�w v tlae.,. p;„ 626 may, lnsteacd nxf irualdicatlrm In the neweaspalwer, p<aGt the et< dce and fnnrecla,�,Gwre lest.at the 627 fynnt ckx+y r y+f the-Icy*t y+ffice aarcd tlaaee yAlwei Gu+mspcicwSy us p ul flec places wtiretlwln tlae b+y;iy+GSg4t: 628 T149 I Gf-& e- iGiecl4466 9 4&. --es t-ee rrse--GH--G acda tdae 629 p ri ::npweityy,. II wePever, -floe des pwynstsdi 4Y- t1s4 asuuFeF ,—ae4l In 19...cdWayrs tlae 630 p;wynsteiagy Mall tyn G acda Iweuyso,aa tyn Ye4; ,n acidress,.a 631 n<aa dce cdescril«levy the praapeityyy and the aimn�!�xwnt due as stated am the faweGknsure list,. 632 All paersynias 44a°clyaen41-e40 nateiseet eaa pwr4d4P6114y lMG44cfecd lM the fyWecln+suure list ya�e 633 9 9Gee4aa96 aPd Gf all steps 4ess6ndea 8 634 p;,FI44F cGde 4'::'1 4:: 3 66I ncl a 1... 13 y 4FPgQalyf§w 36 136:0,. 635 636 Section 16: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 637 3.35.190 Clearing delinquencies before sale is hereby repealed: 638 639 136;4 00 CleaFf.um;q dell uu;qu,ueuucies bef"cuce..Galllo Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 14 of 18 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 49 of 165 AGENDA ITEM #9.A. 640 A f tame taeasGUw�er ieeeIves cteliiutuueatt taa Ivay�imevats at least n+iae-cePeef nef�nae 1 .:EiVeat2�n:f 641 #te fn+ree144661Fe-llst aatcd Iee#tgl!4 L149 teasuureF shall reer�nwe fate pery,npeeity fay:mer Inn+tla tlae list 642 aA444s-� 643 b11 During the Ieuuldieatnn "r-p:Gting list 4d-up fox the teime aaf sale, a 644 peels „ia..P;ay- tlae �a ,Gggtlaa:a �s4la tlaa: p eiaalt� 4a4-lntaaast, s a 4 a 645 aiact f4*6sl9x,646,..ttae #eaa6 er cl;all imal,,e a atentatknn �4 646 the payment GH--�-toe cdaleaa tGaa iat tWa,x44--a44 G 9Gl4 66 9 lest: 647 1992,i""irl<w eu de Ch 3 sW Melt 1 §13 I n xrrnerly§3 20 1 40I 648 649 Section 16: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 650 3.35.200 Notice of foreclosure list to lien holder is hereby repealed: 651 652 3,,36,,200 lNotice-of foreclosure ll-list tc Iliiert Ilacllber 653 A A htu lcdeir n,f..a nir�w�t a e o,r oAlwr recd,ir e d lleia o,ia real may fila.wltla the 654 taeac.6 er a--aegt:est 9f a f91FGelkna6re..4&t-Y44;sla vateluuctes tlac..%al--aerie#y--lM 655 YV14le14 Ice has Wa.l.ieaa be Aiveia k:4 d,iim T149 ieq696t 656 #4e Pleat ...i.t, tlae cte6ea4RtG14 9f fate RF44Reity tlae iaame�4 tlae.�n 4Piaea,...and#4e date�4 657 expli°atiaq„ nxf the Hen 1'4<,atlee need itnxt Ixe. even aftee earl^lratknnn aaf-trite Beet unless a iaaitheu° 658 �e964e6t f44F M44:tee es fil9dw tf tlae d-Feat 1deir 4urnlG14es a cd61 @1veate o;;,f 4l 66 Ferl.Gaest io,1F 149t�ee 659 the taeaa6 91F skald GG41fy 4 4at 4 t „ 1;e fillnq aiact ret6rn 4 t „tice Iper&gn rnal,,lng trite ae ya:uest„ 660 9w V'b e tevep 1@ Gj peatyr.ctesea4b 6 d eat tri4e-�e9646&L fCW at4 ntdee is eatelaucted eat a-iGFGG14 n661Fe lest 661 the taeac.6 ei -aea �s e�svev e s A& 5 662 mallling the ntnxtdee, the te=easaurer shall itnxte that faet pit link it the latest tact a=<all a"t""t"<a,site the 663 rdeserilvt�4�P 44#H--per44peeuty t 1ae Gtatlgia.-+ar-trite t1ae 664 at „tee raaGs inai led. V3u eae the sae=s-leek. hGldea .laas filet vs uea&a g +4s G+a--tsa g �: 665 am We pp" a eatelauctecd a --a fGreel44661-e lest, 914e at44ffee May Ae- 4-- W449-a4 666 pi-<a apeitles Ord 82 7-0,.1992, i""irl<w Geu de 3 sul welt 1 §14 a§3 20 130 667 668 Section 17: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 669 3.35.210 Apportionment of costs is hereby repealed: 670 671 4 39 21.2 AWall.acwbiicuauseurt of ccets 672 A 4d-peGul dlcatk pia lee, as set b+y re&luuLlkgat n+t.tlae asseimb+lye, .w111 * added k 673 e�ya epe#�A-GH- trite f4„aeelGs64+e lest T149 amt-Gf-tl+is Eee t:4 Ge ,ald--G"sts-9f 674 P61 nlveatem4ia aiact fy:Weeln+suge 04: 93436§32 1993;...14k41F e44e Q4 w 3.-6661 vela .-1 45 l G imerllY 675 §3w2gwl 4t ::, 676 677 Section 18: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 678 3.35.220 Enforcement by personal action is hereby repealed: 679 680 136,220 IV nforcengent..by peFeGnW actiGn 681 A 11 he.manager may,at any tei rae i""irl<w t<:a exec utknn n xf deed to x I xa,�,arn xGU lt, e=eemawe pir<aPeihy 682 �M:41r t14e..in+ree1446 Ure list V44614 are 9Xee6dgd 1:4Y t14e 683 Grits-Gf-E4„aeel9sauce a44-:t:49 Ila l:„el4196 9f tlae GW+;e�9f trite..ya ;vim--lMV9lvecd w T149 684 la „rG69U t... ,eaeaiter.. a sa 4v ta,tes.Gk4-e--Rl" A SS stsa 685 lntee-est, i,aye a peu=sa anal aeta qt against the lancdn xv nee-,, Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 15 of 18 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 50 of 165 AGENDA ITEM #9.A. 686 by lhe..tltle t n.any IprG1@94yr V441Gi n is F6M, „V6d M:4gq td; f4:n6G4)&64re Vest antelF Wa deGIFe: G:i 687 �GFGG14ns6re hac been #4e pWaite s eiatdtied G46pgk:n [011T d w 99 2. 688 1999,Ord 99 39§2 1..2.29 I �na-evea lyr§"3 2�4 4 655,. 689 690 Section 19: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 691 3.35.230 Foreclosure proceedings is hereby repealed: 692 693 3,,36,,230 II orecllcsusu e II�ww ocee4N.irags. 694 :ihe Ixan'nxGU It sltcll In-vn „rive 2eneial pi-aaceecding kn,x f neeGkn;se the tax Hens.against each nxf 695 they s f s cis iaa tdae mss II e atidda;„ee 4 assE e a tda;e 696 latest tax i,nll a&#4e n,sx;ei 697 pr npeej4y w 698 699 Cia the days the first Ivauf+llcatnw,a cei tefiecd c;nlcy.-+nf the k�wecln+saure lest shall I ne Ivaesented 700 tn+ tlae.. &4+oe s -Ge f „2e 4ei-...wuV1#4. ;s-p 44E4- mow -- E44a. a- 64d0PgGPt 444�-- decree 701 �n+rec14461-G40 trite taX lieats...:i lac fn+i.ec144661Fe..p F44Geedli42e f44F.#4e ePt5:4a°ce1'nG1:,G:f tax.keiae Gil; 702 real flae pxi „xisi;+ats G:f Alaallca 1&sa e Vie4�at f�:*Ge Gir as 703 amended 704 705 All meal pi npeerties sn+lit;„..tlae br ninaGa2dt a:w;dei tlae pci „vial„+at;s of trite... l aal,,a 24atGates..claW all be 706 held Iyi #4e Inu+a-:An 2la Erna:..Giae yea m::4q; t4e E�naeedosauae- 707 redeerned:: 9:wrlia2 tote Giae•yrear pen::*d, Wa navba q ail; enterest eat the 708 pi-a nperty,...at the date n xf the l ucd2rment and deciree fn nrecl<sw e, any heir cdev see n xf 709 710 cdistaict 44w petal nlec autile Y cdistaict laavlia2 a--4e;-GH #4e pa;+l pe+tyr inayr..imecdeen;flae pxi „paweity by 711 pcWaynat2 trite aam nauwtt Wapxpxl1Gal nle 6n dea tlae p6 dgiq;e14.-aid cieciee VV414..enteaest..as pei nxided „pyi 712 laver, a4d- the cep c d-4g�� the pi-aapeity I'ira!apeity redeemed es sWr'p'ect ko� 713 assessment taxatknnn during the peiren d nxf redeirnptka„n -tlta„„,gh et has cad eem 714 private o„,sx;ercbtijp A2 an +that a �W�:4#4eF keia o:f FeGC:W d, canxeFiia ...a-- 715 o;„,ialY Gf—a-RaFGe.l...9:f A- d RF44pxel:ty, eatc44deawd eat l6 d2imeiat-mod�gf f4:nec4s64re, 716 aedeeim that part by peWaybi q tlae Icanrlxgrti „where aims+Gaut alxlclecabrle a:w;dei tdt;e i:udgament ai d 717 cdeci ee I I -, xi Gu de Ch 3 sGul nch .1 §16 I a;ne niee lyr.§3 201 1 702 718 719 Section 20: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 720 3.35.240 Effect of redemption is hereby repealed: 721 722 3,,36,,240 II erect of ure4ew^cllahcua 723 T149 aeceilvt�4 the aecpeimpet ::nn nq�::nwteyr yi tl;e t-eaa6rei �npeerates to+-release-all G14 M&44 the 724 6n dep tl;e j64d0PqGPt Gf'fmna-ecln+ware tin tlaepR4pe4y-redeemed Il44e tneac6aer, Gil; 725 aeceilxt 9:f trite r9d9lmpen4 4at -sec te2 tlae..2 e iatcae ace...ba edge 726 aecur°d66 4:4 laec axxe v2 txa trite prGpeatyr nas beer; redeemed fa nam,..flae sade.G:f tlae 727 I,,,xa ni n xGU21t, 4d—he shall cdelevei- k x the pei sa nn recdeeimnv2 the ieu-a nperty..a-eee tificate n xf 728 r9d9lmpen44P Il446 ceatificaeB sbtalI eaniataiia a cpecca4Rtdn,1a G:f toe peynpceitY redeemed, toe tgtal 729 aP;Q44t--pca4, a sd criers G:f eiata 4 e y c sa s4 a sd cdecaee 4:4 f naeG4)sauce and 730 T149 ce41-f GasB&b4alI bre-sl12ated bry..-tlae tiea&:wreF ai;d claWall be Pled by trite redeimpet ::n Per vuPitbm 731 the reewuu=cdervtirlta,:,n,am payment anf.the reew�rurcdnt2 fee, shall enter the-ceitefieate vet the l nenper Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 16 of 18 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 51 of 165 AGENDA ITEM #9.A. 732 wGGGFCLG Gf btis G:fflee II s-elea ', Gf fate cd,6411 61:41 P:4914 :PIG#46 ce41-f Gaga Gf aedeimpst��nat as 733 part Gf tll;e Il6 d imei:4 aGll IP tlae PW6GIGsaua-e vao,cee4P@ 04: 92 f...0 1992,. I@F4GF cd„,cde 4Z14 734 w2 664 Debt.1 4 PZG imG1fy._ 2 26 1.990,. 735 736 Section 21: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 737 3.35.250 Notice of expiration of redemption is hereby repealed: 738 739 3,,36,,260 Notice of explratloua of..rode u"spt!!c.ra. 740 12a at ea dllee than Eft days Iaefa nre the e)ipli=etia nn n xf the irecdeeiIvtkn nn Icerka d, the ti essaae=ee-s1l 741 R61 41es14.. A-4s pveiIGd eX+l c at „erase:.. IIae 4GC— -G"# tdae.cdWaee 9:t 742 jI:ud6egent, fate date Gf ecjpbatIgia Gf tlae pseiIgd Gf redeegIctdgia ciad e tg tbte effect 743 #oat all pse�npeertles�W dea-ed&GId yancdea- tlae..laudgnggnt, yaatless aedee ed, slasdl be deeded tai, 744 the Ixaai xu:, la iimmecdl atelyr ,et e)ipl.u,ctiaaet 745 InLerast ;hf ciay pveis hia In tlae Iaa +Iceatles sbaaall bae f nfeeted f+evea t+tlae h +a'ha:u la I Ise.is +dce 746 s4,44-be E„a 44�-�G"46eG64-v WGC In s ne�aedsl spea Gf..g4nH 747 748 at „tdee by eei tefiecd Maael.:tg G aedt...sue@ f 4s �s� f aedda „im.. a lauci6a eaat G:f 749 f xieel Guie has beet tslaen II he eeoxtdGe will be imei-Iecd within five days of fiest I uaa llcsti xn t<a 750 #4e I act..uddress...m,f aGGG d 44 fate I@aGjveaty...G,dae ater ::i Iae F491:t Gf redengj ptdG11;.ea,pviies 39 cdayuc 751 752 p;,ai k4F cGde 4'::'1 4:: 3 66l vela 1... 19 4 4Regealyf§w 26 199:0.,. 753 754 Section 22: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 755 3.35.260 Deed to borough is hereby repealed: 756 757 1264266 Il..fee6 to Ilsoucoea6h 758 lUlvnxet film i Gf�pul:�flIGatk�„n <tf eta„dce e)iplurstiaan vedeirnptkaan, the I neopeftles n<a!t 759 eeadeeimead wlthIit the <�ane-year peie xad shell be deeded taa the Ixa„i ;xG, It Iatya the cleila xf the 760 Ge AII r4g1:is�:4 i�e�dee�l tdn,ia teas neat ate GI; tlae C")aec64�4 naa 9f trite deed tin 4C, I nn,A na4Ola I2�:m 761 aefauaia „f.GGP:iaamaate „ia Gf:fate sale „a Gf fate deed:t „ trite b::„rGGa ds is atecesseiyf {I 1FIGI-GGdCl 762 fIT'Ia 3 6661,:4eI4 1 §1 9 44aa1leadyr 23 2tt 2fttt0. 763 764 Section 23: This ordinance will take effect upon adoption. 765 766 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 767 THIS DAY OF 2016 768 769 770 KODIAK ISLAND BOROUGH 771 772 773 774 Jerrol Friend, Borough Mayor 775 ATTEST: 776 777 Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 17 of 18 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 52 of 165 AGENDA ITEM #9.A. 778 779 Nova M.Javier,MMC, Borough Clerk 780 781 Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 18 of 18 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 53 of 165 AGENDA ITEM #9.A. Alaska Statutes: Title 29 Municipal Government 2014 Updates from the 28th Legislature 2nd Session: January —April 2014 AL Ew Sean Parnell, Governor State of Alaska Susan K.Bell, Commissioner Department of Commerce, Community, and Economic Development Lawrence Blood,Acting Director Division of Community and Regional Affairs Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 54 of 165 AGENDA ITEM #9.A. Sec.29.45.330. ALASKA STATUTES sec.29.45.350. action against the delinquent taxpayer brought in the district or superior court,in addition to other remedies available to enforce the lien.(§ 12 ch 74 SLA 1985) Sec.29.45.330.Foreclosure list. (a)A municipality shall (1)annually present a petition for judgment and a certified copy of the foreclosure list for the previous year's delinquent taxes in the superior court for judgment; (2)publish the foreclosure list for four consecutive weeks in a newspaper of general circulation distributed in the municipality or,if there is no newspaper of general circulation distributed in the municipality,post the list at three public places for at least 30 days; (3)within 10 days after the first publication or posting,mail to the last known owner of each property as the owner's name and address appear on the list a notice advising of the foreclosure proceeding in which a petition for judgment of foreclosure has been filed and describing the property and the amount due as stated on the list. (b)The list must be arranged in alphabetical order as to the last name and shall include (1)the last known owner; (2)the property description as stated on the assessment roll; (3)years and amounts of delinquency; (4)penalty and interest due; (5)a statement that the list is available for public inspection at the clerk's office; (6)a statement that the list has been presented to the superior court with a petition for judgment and decree. (c)Completion of the requirements of(a)of this section constitutes and has the same force and effect as the filing of an individual and separate complaint and service of summons to foreclose a lien against each property described on the foreclosure list. (§ 12 ch 74 SLA 1985) Sec.29.45.340.Clearing delinquencies. During the publication or posting of the foreclosure list and up to the time of transfer to the municipality a person may pay the taxes,together with the penalty, interest,and costs.The collector shall note payment on the foreclosure list.(§ 12 ch 74 SLA 1985) Sec.29.45.350.List to lienholder. A holder of a mortgage or other lien on real property may request the clerk to send by certified mail notice of a foreclosure list that includes the real property.(§ 12 ch 74 SLA 1985) 158 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 55 of 165 AGENDA ITEM #9.A. Sec.29.45.360. ALASKA STATUTES sec.29.45.400. Sec.29.45.360.General foreclosure. A municipality shall bring one general foreclosure proceeding in rem against the properties included in the foreclosure list.If the owner is unknown,the property is proceeded against as belonging to "unknown owner." (§ 12 ch 74 SLA 1985) Sec.29.45.370.Answer and objection. A person having an interest in a lot on the foreclosure list may file an answer within 30 days after the date of last publication,specifying the person's objection.The court shall make its decision in summary proceedings.The foreclosure list is prima facie evidence that the assessment and levy of the tax is valid and that the tax is unpaid.(§ 12 ch 74 SLA 1985) Sec.29.45.380.Judgment. The court shall in a proper case give judgment and decree that the tax liens be foreclosed.It is a several judgment against each lot and a lien on each lot.(§ 12 ch 74 SLA 1985) Sec.29.45.390.Transfer and appeal. (a)Foreclosed properties are transferred to the municipality for the lien amount. When answers are filed the court may enter judgment against and order the transfer to the municipality of all other properties on the list pending determination of the matters in controversy.The court shall hear and determine the issues raised by the complaint and answers in the same manner and under the same rules as it hears and determines other actions. (b)The court clerk shall deliver a certified copy of the judgment and decree to the municipal clerk.The certified judgment and decree constitutes a transfer to the municipality. (c)The judgment and decree stops objections to it that could have been presented before judgment and decree.Appeal from a judgment and decree of foreclosure,or from a final order in the proceeding,may be taken in a manner provided for appeals in civil actions.(§ 12 ch 74 SLA 1985) Sec.29.45.400.Redemption period. Properties transferred to the municipality are held by the municipality for at least one year.During the redemption period a party having an interest in the property may redeem it by paying the lien amount plus penalties,interest,and costs,including all costs incurred under AS 29.45.440(x).Property redeemed is subject to all accrued taxes, assessments,liens,and claims as though it had continued in private ownership.Only the amount applicable under the judgment and decree must be paid in order to redeem the property.(§ 12 ch 74 SLA 1985) 159 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 56 of 165 AGENDA ITEM #9.A. Sec.29.45.410. ALASKA STATUTES sec.29.45.440. Sec.29.45.410.Effect. Receipt of redemption money by the municipality releases the judgment obtained under AS 29.45.380.The clerk or the clerk's designee shall record the redemption and issue a certificate containing a property description,the redemption amount,and the dates of judgment and decree of foreclosure.The clerk or the clerk's designee shall collect the recording fee at the time of redemption and shall file the certificate with the record as part of the judgment roll.(§ 12 ch 74 SLA 1985) Sec.29.45.420.Additional liens. If a property included in a foreclosure list is removed after payment of delinquencies or redemption by another lienholder, the payment represented by receipt for payment constitutes an additional lien on the property,collectible by the lienholder in the same manner as the original lien.(§ 12 ch 74 SLA 1985) Sec.29.45.430.Possession during redemption period. Foreclosure does not affect the former owner's right to possession during the redemption period.If waste is committed by the former owner or by anyone acting under the permission or control of the former owner,the municipality may declare an immediate forfeiture of the right to possession.(§ 12 ch 74 SLA 1985) Sec.29.45.440.Expiration. (a)At least 30 days before the expiration of the redemption period the clerk or the clerk's designee shall publish a redemption period expiration notice.The notice must contain the date of judgment,the date of expiration of the period of redemption,and a warning that all properties ordered sold under the judgment,unless redeemed,shall be deeded to the municipality immediately on expiration of the period of redemption and that every right or interest of a person in the properties will be forfeited forever to the municipality.The notice appears once a week for four consecutive weeks in a newspaper of general circulation distributed in the municipality.If there is no newspaper of general circulation distributed in the municipality,the notice is posted in three public places for at least four consecutive weeks.The clerk shall send a copy of the notice by certified mail to each record owner of property against which a judgment of foreclosure has been taken and,if the assessed value of the property is more than$10,000,to all holders of mortgages or other liens of record on the property.The notice shall be mailed within five days after the first publication.The mailing shall be sufficient if mailed to the property owner and to the holder of a mortgage or recorded lien at the last address of record. (b)The right of redemption expires 30 days after the date of the first notice publication. (c)Costs incurred in the determination of holders of mortgages and other liens of record and costs of notice publication incurred by a municipality under(a)of this section are a lien on the property and may be recovered by the municipality.(§ 12 ch 74 SLA 1985) 160 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 57 of 165 AGENDA ITEM #9.A. Sec.29.45.450. ALASKA STATUTES sec.29.45.470. Sec.29.45.450.Deed to borough or city. (a)Unredeemed property in the area of the borough outside all cities is deeded to the borough by the clerk of the court.Unredeemed property in a city is deeded to the city subject to the payment by the city of unpaid borough taxes and costs of foreclosure levied against the property before foreclosure.The deed shall be recorded in the recording district in which the property is located. (b)Conveyance gives the municipality clear title,except for prior recorded tax liens of the United States and the state. (c)If unredeemed property lies in a city and if the city has no immediate public use for the property but the borough does have an immediate public use,the city shall deed the property to the borough.If unredeemed property lies in the borough outside all cities and if the borough does not have an immediate public use for the property but a city does have an immediate public use,the borough shall deed the property to the city. (d)A deed is not invalid for irregularities,omissions,or defects in the proceedings under this chapter unless the former owner has been misled so as to be injured.Two years after the date of the deed,its validity is conclusively presumed and a claim of the former owner or other person having an interest in the property is forever barred.(§ 12 ch 74 SLA 1985) Sec.29.45.460.Disposition and sale of foreclosed property. (a)The municipality shall determine by ordinance whether foreclosed property deeded to the municipality shall be retained for a public purpose.The ordinance must contain the legal description of the property,the address or a general description of the property sufficient to provide the public with notice of its location,and the name of the last record owner of the property as the name appears on the assessment rolls. (b)Tax-foreclosed property conveyed to a municipality by tax foreclosure and not required for a public purpose may be sold.Before the sale of tax-foreclosed property held for a public purpose,the municipality,by ordinance,shall determine that a public need does not exist.The ordinance must contain the information required under(a)of this section. (c)The clerk or the clerk's designee shall send a copy of the published notice of hearing of an ordinance to consider a determination required under(a)or(b)of this section by certified mail to the former record owner of the property that is the subject of the ordinance.The notice shall be mailed within five days after its first publication and shall be sufficient if mailed to the last record owner of the property as the name appears on the assessment rolls of the municipality. (d)The provisions of(c)of this section do not apply with respect to property that has been held by the municipality for a period of more than 10 years after the close of the redemption period.(§ 12 ch 74 SLA 1985) Sec.29.45.470.Repurchase by record owner. (a)The record owner at the time of tax foreclosure of property acquired by a municipality,or the assigns of that record owner,may,within 10 years and before the sale or contract of sale of the tax-foreclosed property by the municipality,repurchase 161 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 58 of 165 AGENDA ITEM #9.A. Sec.29.45.480. ALASKA STATUTES sec.29.45.490. the property.The municipality shall sell the property for the full amount applicable to the property under the judgment and decree plus (1)interest not to exceed 15 percent a year from the date of entry of the judgment of foreclosure to the date of repurchase; (2)delinquent taxes assessed and levied as though it had continued in private ownership; (3)costs of foreclosure and sale incurred by the municipality;and (4)costs of maintaining and managing the property incurred by the municipality including insurance,repairs,association dues,and management fees,that exceed amounts received by the municipality for the use of the property. (b)After adoption of an ordinance providing for the retention of tax-foreclosed property by the municipality for a public purpose,the right of the former record owner to repurchase the property ceases.(§ 12 ch 74 SLA 1985;am§ 1 ch 192 SLA 1990) Effect of amendments. The 1990 amendment rewrote the second sentence of subsection(a). Sec.29.45.480.Proceeds of tax sale. (a)On sale of foreclosed real or personal property the municipality shall divide the proceeds less cost of collection,between the borough and the city having unpaid taxes against the property.The division is in proportion to the respective municipal taxes against the property at the time of foreclosure. (b)If tax-foreclosed real property that has been held by a municipality for less than 10 years after the close of the redemption period and never designated for a public purpose is sold at a tax-foreclosure sale,the former record owner is entitled to the portion of the proceeds of the sale that exceeds the amount of unpaid taxes,the amount equal to taxes that would have been assessed and levied after foreclosure if the property had continued in private ownership,penalty,interest,and costs to the municipality of foreclosing and selling the property,and costs to the municipality of maintaining and managing the property that exceed amounts received by the municipality for the use of the property.If the proceeds of the sale of tax-foreclosed property exceed the total of unpaid and delinquent taxes,penalty,interest,and costs,the municipality shall provide the former owner of the property written notice advising of the amount of the excess and the manner in which a claim for the balance of the proceeds may be submitted.Notice is sufficient under this subsection if mailed to the former record owner at the last address of record of the former record owner.On presentation of a proper claim,the municipality shall remit the excess to the former record owner.A claim for the excess tiled after six months of the date of sale is forever barred.(§ 12 ch 74 SLA 1985;am§2 ch 192 SLA 1990) Effect of amendments. The 1990 amendment,in subsection(b),added all of the language of the first sentence beginning"and costs to the municipality." Sec.29.45.490.Payment of taxes upon public utilization. If a municipality takes title to tax-foreclosed property for a public purpose,the municipality shall satisfy unpaid taxes and assessments against the property held by other municipalities,with accrued interest but without penalty.If the amount required to satisfy 162 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 59 of 165 AGENDA ITEM #9.A. Sec.29.45.500. ALASKA STATUTES sec.29.45.560. the unpaid taxes and assessments exceeds the assessed value of the property,the municipality shall pay the other municipalities the assessed value,which shall be divided between the other municipalities in proportion to their respective taxes and assessments against the property at the time of foreclosure.(§ 12 ch 74 SLA 1985) Sec.29.45.500.Refund of taxes. (a)If a taxpayer pays taxes under protest,the taxpayer may bring suit in the superior court against the municipality for recovery of the taxes.If judgment for recovery is given against the municipality,or,if in the absence of suit,it becomes obvious to the governing body that judgment for recovery of the taxes would be obtained if legal proceedings were brought,the municipality shall refund the amount of the taxes to the taxpayer with interest at eight percent from the date of payment plus costs. (b)If,in payment of taxes legally imposed,a remittance by a taxpayer through error or otherwise exceeds the amount due,and the municipality,on audit of the account in question,is satisfied that this is the case,the municipality shall refund the excess to the taxpayer with interest at eight percent from the date of payment.A claim for refund filed one year after the due date of the tax is forever barred. (c)The governing body may correct manifest clerical errors at any time.(§ 12 ch 74 SLA 1985) Article 3.City Property Tax. Section 550. Cities outside boroughs 600. Combining property tax with 560. Cities inside boroughs incorporation of a second class city 580. Differential tax zones 590. Limited property taxing power for second class cities Sec.29.45.550.Cities outside boroughs. Home rule and first class cities outside boroughs may assess,levy,and collect a property tax.A property tax if levied must be assessed,levied,and collected as provided by AS 29.45.010—29.45.500.(§ 12 ch 74 SLA 1985) Sec.29.45.560.Cities inside boroughs. Home rule and first class cities inside boroughs may levy a property tax.A property tax,if levied,is subject to AS 29.45.010—29.45.050,29.45.090—29.45.100, 29.45.250,29.45.400—29.45.440 and 29.45.460—29.45.500.The council shall by June 15 of each year present to the assembly a statement of the city's rate of levy unless a different date is agreed upon by the borough and city.(§ 12 ch 74 SLA 1985) 163 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 60 of 165 AGENDA ITEM #9.A. LEVESQUE LAW GROUP, LLC ux� mro o NO mm'f .......... _.......,.,. 3380 C Street,Suite 202 Anchorage,Alaska 99503 Phone: (907)261-5935 Fax: (206)309-0667 Email: joe @levesquelawgroup.com MEMORANDUM OPINION TO: Bill Roberts Kodiak Island Borough Assessor FROM: Joseph N. Levesque Borough Attorney DATE: April 4, 2015 RE: Proposed Revisions to KIBC Chapter 3.35 The Kodiak Island Borough ("Borough") has requested an opinion regarding the legal sufficiency of certain proposed amendments to Chapter 3.35 of the Kodiak Island Borough Code ("KIBC"). In addition to significantly simplifying the KIBC provisions governing its tax foreclosure process, the proposed amendments create the rebuttable presumption that mobile homes are owned by the owner of the land upon which they are situated, and grant the Borough broad discretion to choose an appropriate method for enforcing tax liens against mobile homes. Notably, the proposed amendments also prohibit the Borough from foreclosing upon property that is "determined...to be contaminated or found to contain hazardous materials," and authorize it in those instances to instead seek enforcement of delinquent taxes by means of civil action.' General Summary and Overview As this Memorandum explains, the proposed amendments relating to the Borough's general foreclosure procedures appear to accurately describe, and thus provide legally sufficient notice to taxpayers regarding the Borough's procedures. Although this set of proposed amendments, if enacted, would likely be valid and 1 Borough staff have also proposed minor amendments to several other sections of Chapter 3.35. Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 61 of 165 AGENDA ITEM #9.A. LEVESQUE LAW GROUP, LLC WMffMMMMOMMOMMMffgoWW MIMMXMMffMOMMOWKWO April 4,2015 P a g e 12 enforceable,the Borough should nonetheless consider drafting detailed policies that more clearly establish its foreclosure practices, to ensure that its process is consistent for all similarly-situated property owners within the Borough. Other proposed amendments would require the Borough to enforce real property tax liens against mobile homes that are attached to land that is also owned by the owner of the mobile home through the foreclosure process. In contrast, the proposed amendments provide that delinquent taxes assessed against mobile homes that are attached to land that is not owned by the owner of the mobile home could be collected either by means of foreclosure, or by judicial action. Because this enforcement scheme is specifically authorized by Alaska law, this proposed revision, if enacted, would also likely be valid and enforceable. However, the Borough should develop and incorporate such standards into its detailed foreclosure policies. Additionally,one proposed amendment would require the"owners of mobile home parks or any other properties to which are attached one or more mobile homes that do not belong to the owner of the underlying land" to submit a report to the Borough that provides the names and contact information for the owners of those mobile homes. In the absence of information showing that a mobile home does not belong to the owner of the land upon which it is situated, it would be assessed to the land owner. Because the proposed amendment is probably consistent with the general rule that real property is assessed to the record owner, it would likely be valid and enforceable if enacted. Finally, proposed KIBC 3.35.160(C) would prohibit the Borough from foreclosing upon property that has been determined to be "contaminated or found to contain hazardous materials...." Instead, the proposed section provides that the Borough may instead seek to collect any delinquent tax with respect to such properties by means of judicial action. While this amendment would restrict the Borough's ability to foreclose against all such properties, if enacted it would likely be valid and enforceable. Proposed Revisions to the Borough's Foreclosure Ordinances KIBC 3.35.160 through 3.35.260 currently set forth a detailed description of the Borough's foreclosure process. Borough staff has proposed amendments that would remove sections 3.35.170 through 3.35.260 in their entirety, and would revise section 3.35.160 to provide a simplified summary of the Borough's authority to enforce delinquent real property tax obligations through the foreclosure procedures prescribed by Alaska Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 62 of 165 AGENDA ITEM #9.A. LEVESQUE LAW GROUP, LLC April 4,2015 P a g e 13 law.2 It does not appear that the removal of KIBC 3.35.170 through 3.35.260 would conflict with any provision of Alaska law or local ordinance.Although the Alaska Statutes governing the municipal tax foreclosure process do require that certain steps must themselves be authorized by ordinance,3 they do not mandate that municipalities must adopt code provisions that set forth specific details to taxpayers regarding the municipality's foreclosure procedures. Similarly,the KIBC contains no provision requiring that the Borough's foreclosure procedures be explicitly set forth. In addition, it does not appear that the Alaska Supreme Court has ever interpreted the Alaska Statutes as requiring that municipalities do so. Further, the proposed revisions provide actual notice to the Borough's taxpayers that delinquent real property taxes will be enforced through foreclosure,4 that the Borough has adopted the foreclosure procedures prescribed by Alaska law, and incorporate the applicable Alaska Statutes by express reference.5 Importantly, other second-class boroughs in Alaska have elected to adopt general foreclosure provisions in lieu of detailed descriptions of the borough's foreclosure process.6 Because the proposed amendments would remove the current, more comprehensive description of the Borough's foreclosure process, it should ensure that it has in place a set of policies and procedures to govern and guide its annual foreclosures. Not only would this ensure that foreclosures are processed uniformly as to all property owners, it would serve to insulate the Borough against challenges by taxpayers that assert disparate treatment, and could potentially give rise to due process and other constitutional claims. Both the Matanuska-Susitna Borough and the Fairbanks North Star Borough appear to have drafted and implemented such policy guides, which I have attached to this Memorandum for your reference. It is important to note that, if adopted, the proposed revisions to KIBC 3.35.160- .260 would relieve the Borough from several specific foreclosure procedures imposed by 2 Municipal tax foreclosures are authorized and governed by AS 29,45,320-.490. 3 For example,AS 29.45.460 provides that,prior to selling a tax-foreclosed property that has been deeded to and held by a municipality for more than 10 years,the governing body must first determine by ordinance whether it"shall be retained for a public purpose"or"that a public need does not exrest." 4 Proposed KIBC 3.35.160(A)provides that,"The borough shall prepare an annual foreclosure list pursuant to A.S.29.45.330." 5 Proposed KIBC 3.35.160(B)provides that,"The provisions of A.S.29.45.330 through A.S.29.45.490 apply to borough delinquent property tax foreclosures." 6 See Matanuska-Susitna Borough Code 3.15.250. Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 63 of 165 AGENDA ITEM #9.A. LEVESQUE LAW GROUP, LLC ...........w....._._., April 4,2015 P a g e 14 ordinance, but not otherwise required by Alaska law. For example,the current version of KIBC 3.35.160 requires that the Borough "make up a roll in duplicate of all real property subject to foreclosure," while state statute ostensibly requires that only one foreclosure list be prepared.' KIBC 3.35.160 also currently provides that the Assembly must direct Borough staff to prepare the foreclosure list,while the proposed revision would authorize Borough staff to do so without formal directive.The Borough would no longer be required to comply with several other various procedures.8 The Enforcement of Real Property Taxes With Respect to Mobile Homes The Borough currently considers most mobile homes to be real property for taxation purposes.9 The second notable set of revisions that Borough staff has proposed would essentially assign an enforcement procedure for the collection of real property taxes with respect to mobile homes depending upon whether there is a unity of ownership between the mobile home and the land to which it is attached. According to the proposed revisions, if there is unity of ownership between the mobile home and the land, real property taxes would be enforced through foreclosure.10 When that unity does not exist, the proposed revisions would permit the Borough to recover unpaid taxes through civil action against the taxpayer, "in addition to other remedies available to enforce the lien."'1 It appears clear that the Borough is permitted to enforce real property taxes for mobile homes through civil actions. Although Alaska law generally requires that 11 municipaliffies]shall enforce delinquent real property tax liens by annual foreclosure," it expressly provides that real property taxes assessed with respect to mobile homes may be enforced "by a personal action against the delinquent taxpayer brought in the district or superior court."12 Similarly, the Borough is likely permitted to foreclose upon a mobile 7 A.S.29.45.330(a)(1). 8 These include,but are by no means limited to,the requirements that:(1)the Assembly direct Borough staff to publish the annual notice of foreclosure(KIBC 3.35.170);(2)that the first date of publication of the notice must be on the same date that the foreclosure list and petition of foreclosure are submitted to the superior court(KIBC 3,35.180(A));(3)that the Assembly direct Borough staff to post the notice in three public places if required(KIBC 3.35.180(8));and,(4)that the notice must also be posted at the front door of the post office(KIBC 3.35.180(B)). 9 KIBC 3.35.020(C)(2). 10 See Proposed KIBC 3,35.150(6). 11 Id. 12 A.S.29.45.320. Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 64 of 165 AGENDA ITEM #9.A. LEVESQUE LAW GROUP, LILC ....................... April 4,2015 P a g e IS home even absent a unity of ownership with the land upon which it is situated." Alaska law expressly authorizes the collection of real property taxes for mobile homes by means of personal action against the taxpayer, and the proposed amendment to KIBC 3.35.150(8) clearly and unambiguously notifies taxpayers that the Borough has elected to do so when there exists no unity of ownership between a mobile home and the land to which it is attached. Therefore,the proposed amendment to KIBC 3.35.150(B), if adopted,would likely be valid and enforceable. The Responsibilities of Mobile Home Park Owners The Borough has also proposed an amendment to KIBC 3,35.040(A),which would add a new subsection 3. That proposed amendment would create a new requirement for the owners of mobile home parks, as well as the owners of any other land to which any mobile home not owned by the landowner is attached. Pursuant to proposed KIBC 3.35.040(A)(3), land owners would be required to submit an annual report to the Borough that identifies the mobile homes that do not belong to the landowner, and provides the Borough with the names and addresses of the true owners, if known. The proposed amendment provides that, unless the Borough can attribute ownership to another, mobile homes will be presumed to be the property of owner of the land to which they are attached, and assessed accordingly. This proposed amendment is similar to a provision of the Matanuska-Susitna Borough Code ("MSBC"), which requires those who lease, rent, or permit individuals to locate a mobile home on their property to provide the borough with the names and mailing address of the mobile home's owners,upon the assessor's request.14 However,proposed KIBC 3.35.040(A)(3)is different in two primary respects. First, unlike the MSBC, it places the burden on the landowner to annually report the names and contact information for the owners of mobile homes. Second, it explicitly provides that, if the landowner fails to do so, each mobile home for which the Borough is unable to identify an alternate owner of record will be presumed as belonging to the landowner, and will be assessed as such. Nonetheless, if enacted, proposed KIBC 3.35.040(A)(3) would probably be valid 13 See Coo/Homes v.Fairbanks North Star Borough,860 P.2d 1248, 1254-1255(Alaska 1993)(holding that the Borough was permitted to foreclose on houses affixed to land,despite the fact that there was no unity of ownership.). 14 See Matanuska-Susitna Borough Code 3.15.160(B). Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 65 of 165 AGENDA ITEM #9.A. LEVESQUE LAW GROUP, LLC ............... April 4,2015 P a g e 16 and enforceable. As a preliminary matter, it does not appear to conflict with Alaska's statutes that govern municipal taxation, or the Borough's own ordinances. Further, requiring land owners to provide mobile home ownership information may be the only reasonable method of determining that ownership for taxation purposes. Alaska law provides that"Real property is assessed to the record owner."15 The record owner for real property is typically confirmed by reviewing the information regarding transfers of ownership interests in real property obtained from the district recorder's office.16 Although Alaska law provides that most mobile homes that are attached to land or to public utilities are by default considered real property for municipal tax purposes,17 ownership cannot be reasonably confirmed using district recorder information when they are attached to land that the owner has leased, rented, or obtained permission to use. Additionally, even if a landowner is assessed real property tax that includes assessments for mobile homes that the landowner does not own, several safeguards ensure that the assessment may be corrected. First, the proposed amendment makes it clear that the Borough will only employ the presumption of ownership if it is unable to otherwise confirm that a mobile home belongs to another owner of record.'8 The Borough Assessor has interpreted this provision as permitting landowners to rebut the proposed section's presumption of ownership by either identifying a mobile home's last known owner of record. Landowners may also simply explain that the mobile home does not belong to the landowner, and that the landowner is unsure of the true owner's identity, in which case the property may be assessed to"unknown."19 Finally, the KIBC creates several opportunities for landowners to contest tax assessments that they believe to be in error. KIBC 3.35.100 provides that the Borough may adjust tax bills when they are shown to be erroneous any time before the Board of Equalization certifies the assessment roll. KIBC 3.35.050(C)provides that a taxpayer who believes that an assessment is erroneous may also appeal it to the Board of Equalization. Thus, notwithstanding the affirmative obligation that would be imposed by proposed KIBC 3.35.040(A)(3), and the presumption of ownership arising from the Borough's failure to confirm that a mobile home has another owner of record, landowners would have ample opportunity to explain their non-ownership,and to accordingly have their tax bills adjusted 15 A.S.29.45.160(b). 16 Id. 17 A.S.29.45.070- 18 See Proposed KIBC 3.35.040(A)(3) 19 KIBC 135.040(A)(1). Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 66 of 165 AGENDA ITEM #9.A. LEVESQUE LAW GROUP, LLC April 4,2015 P a g e 17 to remove any erroneous assessments. Prohibition Against Foreclosing Upon Contaminated Properties Another notable proposed amendment prohibits the Borough from foreclosing tax liens against certain property known to be contaminated. Proposed KIBC 3.35.160(C) provides: The borough shall not foreclose against property that it knows has been determined by a federal,state, or local agency to be contaminated or found to contain hazardous materials subject to regulation by a federal, state or local government.The borough may proceed with a personal action against the delinquent taxpayer to collect the tax, costs, penalty and interest. It is important to note that, if enacted in its current form,the proposed amendment would absolutely prevent the Borough from foreclosing upon any property that it knows has been deemed contaminated. It would not appear to affect the Borough's ownership of property that it learns is contaminated only after taking ownership through foreclosure. The proposed amendment appears to be intended to insulate the Borough from the financial burden of insuring and maintaining contaminated properties during the period of ownership,especially if the contamination prevents their sale. However,this provision would not permit the Borough to foreclose on a known contaminated property even if the costs of insuring,maintaining and rehabilitating the property would be outweighed by the potential economic or public benefit to the Borough. Conclusion Borough staff has proposed several amendments to Chapter 3.35 of the KIBC. While most are minor,four sets of proposed amendments are notable. The first of these would remove sections 3.35.170-260 in their entirety, and replace KIBC 3.35.160 with a brief summary of the Borough's foreclosure process,which incorporates the requirements of the applicable Alaska Statutes by reference. The adoption of this amendment would significantly modified certain foreclosure procedures that the Borough has codified, but which are not required by Alaska law.As this Memorandum explains,these amendments, if adopted, would likely be valid and legally enforceable. However, because they would remove from the Code more detailed descriptions of the Borough's foreclosure process, the Borough should ensure that it has in place comprehensive policies and procedures to Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 67 of 165 AGENDA ITEM #9.A. LEVESQUE LAW GROUP, LLC "MMMMONSTEMMI MMAREMM April 4,2015 P a g e 18 govern and guide the execution of its annual foreclosures. Another amendment would permit the Borough to enforce real property taxes that are assessed with respect to mobile homes that are attached to land not owned by the taxpayer by means of judicial action. Because this enforcement method is expressly authorized by statute, the amendment, if adopted, would likely be valid and enforceable. The third notable amendment would require landowners who permit mobile homes owned by others to be attached to their property to submit an annual report to the Borough. That report would identify those mobile homes not owned by the landowner, and provide the Borough with the name, address, and other contact information for the mobile home's owner of record, if that information is known. Proposed KIBC 3.35.040(A)(3)further provides that, if the Borough does not receive that information, and the Assessor is unable to confirm ownership by another, the mobile homes will be assessed to the owner of the land to which they are attached. Requiring this information from such landowners may be the only reasonable means of confirming ownership of mobile homes that are situated on land that is not also owned by the mobile home's owner. Further, there exists ample opportunity for a landowner who does not submit the required report,and is assessed real property taxes for mobile homes that are owned by others, to appeal the assessment. Consequently, this proposed amendment, if adopted, would also likely be valid and enforceable. Finally, a proposed amendment to KIBC 3.35.160(C)would absolutely prohibit the Borough from foreclosing upon properties that it knows to be contaminated, or to contain hazardous materials. The proposed amendment would serve to insulate the Borough against the costs of insuring, maintaining, and potentially rehabilitating such properties after acquiring them. However, as currently written the prohibition is absolute, even in those instances in which the potential economic or public benefit of acquiring the property is outweighed by the Borough's costs of carrying and remedying the contamination. Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 68 of 165 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH Foreclosure Procedures/Tracking Responsibility Item Completion Authority Finance Prepares preliminary procedure tracking for TYXXXX Foreclosure process. Finance A foreclosure and publication fee shall be added to each property on the Foreclosure List. A proportionate share of the costs of publication and KIB 3.35.160 foreclosure shall be paid in clearing delinquencies.If delinquent tax AS 29.45.340 payments,together with penalties,interest,and costs,are received before AS 29.45.440 filing the Foreclosure List and Petition with the Superior Court,those properties shall be removed from the list and the draft Petition. Finance/ Notice of the foreclosure proceedings and filing of Petition for Judgment with Published: Attorney the Superior Court shall be given by four(4)weekly publications in the official newspaper designated by the Assembly. Wk 1 KIB 3.35.160 Proposed Publication Dates: Week 1 Wk 2 A.S.29.45.330 Week 2 Wk 3 Week 3 Wk 4 Week 4 Attorney On the day designated in the Notice published,a certified copy of the Filed with the Foreclosure List together with a Petition for Judgment of Foreclosure shall court: KIB 3.35.160 be presented to the Superior Court. AS 29.45.360 Proposed Date: Signed by Court: Finance The Treasurer shall,within 10 days after the first date of publication in the Mailed: newspaper,mail to each person to whom a tract is assessed,at his last KIB 3.35.160 known address,a notice describing the property and the amount due as AS 29.45.330 stated in the Petition for Judgment. Proposed Date: Finance Treasurer shall send written notice by registered mail to any lien holder who has made a request for notice of a foreclosure list. KIB 3.35.160 Proposed Date: AS 29.45.350 Any person having an interest in a lot on the Foreclosure List may file an answer within 30 days after the date of last publication. KIB 3.35.160 Proposed Last date to file Objections: AS 29.45.370 Attorney A Motion for Transfer of Property to Borough is filed with the Superior Court, Done: along with an Affidavit of Mailing and Publication(by Finance Director) KIB 3.35.160 certifying to mailing Notices of Foreclosure to property owners and Proof of AS 29.45.390 Publication,attaching Proofs of Publication from newspaper. Also prepare and file a proposed Order and Judgment for the Court's signature. Proposed Date: Court The Superior Court shall enter Judgment of Foreclosure(begin one year KIB 3.35.160 redemption period) AS 29.45.380 Estimated Date: Finance Obtain Certified Copy of Judgment of Foreclosure from Superior Court. Send Certified Judgment of Foreclosure to District Recording Office,with KIB 3.35.160 original recorded Judgment to be returned to Attorney. AS 29.45.390 BEGINNING OF ONE-YEAR REDEMPTION PERIOD Date: KIB 3.35.160 Begins from date of Court's Entry of Judgment AS 29.45.400 Estimated Date: Finance Issue Certificates of Redemption to those who redeem properties under As Needed KIB 3.35.160 Judgment of Foreclosure. Have Certificates Recorded at District Recording AS 29.45.410 Office. o � 1 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 69 of 165 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH Foreclosure Procedures/Tracking Responsibility Item Completion Authority Finance Order title search for delinquent properties not yet redeemed.Add cost to KIB 3.35.160 properties. AS 29.45.400 Proposed Date: Finance Publish Notice of Expiration of Redemption Period in newspaper for four(4) Published: consecutive weeks.(Must be commenced no sooner than 30 days from end KIB 3.35.160 of Redemption period(estimated to be ) Wk 1 AS 29.45.440 Proposed Publication Dates: Week 1 Wk 2 Week 2 Wk 3 Week 3 Wk 4 Week 4 Finance Mail certified letters to property owners and interested parties(i.e.,lien holders)providing a copy of the notice published within 5 days of first KIB 3.35.160 publication date. AS 29.45.440 Proposed Date: END OF ONE-YEAR REDEMPTION PERIOD (Estimated Date: ) Finance/Land Inform Land Resource Manager of unredeemed properties and create Resource Manager subproject numbers for expense tracking. Land Resource Manager should perform inspection of properties anticipated to be deeded. Identify any properties with abatement issues;properties currently occupied;properties that may serve a community purpose; properties that may be contaminated;identify properties of any general concern if deeded to the Borough. Finance/Borough The manager may remove property from the foreclosure list where Manager/Attorney contamination is found,when financial benefits of foreclosure are exceeded by the costs of foreclosure and liabilities of the ownership of the property KIB 3.35.160 involved. The Borough shall then collect taxes due,plus penalties,costs& interest by a personal action against the landowner. Removal from the Foreclosure List must be made before execution of a deed to the Borough. Proposed Date: Attorney File with Superior Court Satisfaction of Judgment for any properties KIB 3.35.160 redeemed to correct Court record. AS 29.45.440 Attorney Prepare and file with Superior Court Motion for Issuance of Clerk's Deed, Done: along with supporting Affidavit of Mailing and Publication signed by KIB 3.35.160 Treasurer/Finance Director(attaching Affidavits of Publication from AS 29.45.450 newspaper),and proposed Order for Issuance of Clerk's Deed and proposed Clerk's Deed. Proposed Date: Attorney Once Clerk's Deed is issued by Superior Court,send Certified Copy to be Done: KIB 3.35.160 Recorded at District Recorder's Office AS 29.45.450 Finance Notify Assessing and arrange for KIB designation on Clerk's Deeded properties in PACS o 12 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 70 of 165 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH Foreclosure Procedures/Tracking Responsibility Item Completion Authority Finance/Engineering Suggested precautions and risk management to be taken on properties and Facilities/Land deeded to the Borough: Resource Manger 1. Extend liability insurance to cover properties deeded to Borough 2. Winterize&Board Up any abandoned properties with appropriate notice posted as Foreclosed Property owned by the Borough. 3. Establish a policy of"no return"once the property has been abandoned. 4. Make determination on handling of properties currently occupied, such as liability for utilities,etc. Borough Manager/ Consider if wish to hold the properties for 2 year period or 10 year period. Finance/Land Resource Manger Determine how to dispose of properties deeded to the Borough: 1) Select any properties to be kept by Borough for public or community KIB 3.35.160 purpose; AS 29.45.450(d) 2) Select any properties to be condemned; AS 29.45.460(d) 3) Select properties to be sold at foreclosure sale; 4) Select properties to hold in foreclosure inventory. Finance Prepare Ordinance for Assembly action on properties to be retained for KIB 3.35.160 public purpose and to be sold. AS 29.45.460 Finance Send certified letter to former record property owner a copy of published notice of hearing of an ordinance to consider how to dispose of property KIB 3.35.160 Within 5 days of 1st publication of notice of hearing(on Ordinance) AS 29.45.460 Proposed Date: [Notice not required when property has been held more than 10 years after the close of Redemption period.] o 13 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 71 of 165 AGENDA ITEM #9.A. ?7%1n%l//i7rriryr/n Ap A KODIAKISLAND B OR O UGH Assessing Department MEMORANDUM TO: Borough Assembly Members FROM: Bill Roberts,Assessor DATE: April 17,2015 SUBJECT: Mobile Homes in Parks At the April 16 assembly meeting Mr. Rohrer asked home many mobile home were located in mobile home parks and what was their aggregate value. The following information is provided in answer to that question. Mobile Homes* Total Assessed Value Total Tax Liability 265 $5,700,300 $61,278.23 • This includes mobile homes in mobile home parks and also some mobile homes that are located on private parcels of land not owned by the mobile home owner. Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 72 of 165 AGENDA ITEM O.B. KODIAK ISLAND BOROUGH AGENDA STATEMENT '� � MAY 7, 2015 Pew . uti ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2015-11 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.40 Personal Property Tax. ORIGINATOR: Bill Roberts FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: Boats and vessels with an overall length longer than 20 feet, measured bow to stern, and used for commercial purposes are currently taxed at a rate of$1 per foot. One purpose of this tax was to track vessels for future ad valorem taxation. In addition to the vessel personal property tax, the Borough collects both raw fish tax and severance tax from the fishing fleet. The tax rate of$1 per foot in tax does not provide enough funds to make the administration and maintenance of these personal property accounts cost effective for the borough. RECOMMENDED MOTION: Move to adopt Ordinance FY2015-11. Kodiak Island Borough Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 73 of 165 AGENDA ITEM O.B. 1 Introduced by: Borough Assembly Requested by: Borough Manager 2 Drafted by: Borough Assessor 3 Introduced. 04/16/2015 Public Hearing: 05/07/2015 4 5 Adopted: 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-11 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH AMENDING VARIOUS SECTIONS IN TITLE 3 11 REVENUE AND FINANCE CHAPTER 3.40 PERSONAL 12 PROPERTY TAX 13 14 WHEREAS, AS 29.45.050 (b) (2) allows a municipality to classify as to type and exempt or 15 partially exempt some or all types of personal property from ad valorem taxes;and 16 17 WHEREAS, KIBC 3.40.070 was written with the intention of taxing boats and vessels at a 18 rate determined annually by the assembly during the budget adoption process for boats with 19 an overall length longer than 20 feet, measured bow to stern, rather than on an ad valorem 20 basis;and 21 22 WHEREAS, the current tax rate on boats and vessels is $1 per foot with boats that are 23 equal to or less than 20 feet long exempt from tax; and 24 25 WHEREAS, the current tax rate of$1 per foot does not provide enough funds to make the 26 administration and maintenance of these accounts cost effective for the borough;and 27 28 WHEREAS, the borough collects both raw fish tax and severance tax from the fishing fleet; 29 and 30 31 WHEREAS, it is the intent of the Kodiak Island Borough Assembly to exempt boats and 32 vessels used for commercial purposes from property tax. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 35 BOROUGH THAT: 36 37 Section 1: This ordinance is of a general and permanent nature and shall become a part of 38 the Kodiak Island Borough Code of Ordinances. 39 40 Section 2: Title 3 Revenue and Finance Chapter 3.40 Personal Property Tax is hereby 41 amended as follows: 42 43 44 Kodiak Island Borough,Alaska Ordinance No. FY2015-11 Page 1 of 6 Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 74 of 165 AGENDA ITEM O.B. 45 Sections: 46 3.40.010 Property subject to taxation. 47 3.40.020 Exemptions. 48 3.40.030 Assessment return. 49 3.40.040 Tax situs of personal property. 50 3.40.050 Liability for and collection of personal property taxes. 51 3.40.060 Penalties and interest. 52 3 4g 6 79 4';'.IWaa&iiiGat4l:4 Gf *ata and ve aad& 53 3.40.09470 Classification of aircraft. 54 55 * For statutory provisions granting the power to assess and collect taxes, see AS 29.35.170; 56 for provisions governing municipal assessment and taxation generally,see AS 29.45. 57 58 Prior legislation: Code 1974 §§ 3.24.060, 3.24.070, 3.24.080 and 3.24.090 and Ords. 83-53- 59 0,84-25-0, 96-21 and 2007-16. 60 61 3.40.010 Property subject to taxation. 62 A.Tangible personal property with a tax situs within the borough is subject to taxation, except 63 where otherwise exempted by borough ordinance or state statute.Tangible personal property 64 includes all personal property including, but not limited to, furniture, furnishings, fixtures, 65 machinery,equipment used by a business,stock animals,watercraft, aircraft, tools,dies,jigs, 66 patterns and stock used in trade (including inventories, supplies, materials in process, and 67 other similar items). 68 B. All private interests in personal property which is otherwise exempt due to ownership by 69 the federal government,state, borough, other state municipal subdivision or other tax-exempt 70 entity is taxable under this code to the extent of that interest. [Ord. FY2014-10 §11, 2014; 71 Ord. FY2011-07§2,2010]. 72 73 3.40.020 Exemptions. 74 A. Individual personal property utilized solely and exclusively for personal, nonbusiness, 75 noncommercial, nonagricultural and nonincome producing uses or purposes is exempt from 76 taxation under this chapter. This includes aircraft, boats and vessels used for nonbusiness, 77 nonagricultural, noncommercial and nonincome producing purposes. 78 B.A taxpayer who files a timely business property return with the assessor shall be exempted 79 the first $20,000 of assessed value of business personal property. For a taxpayer with more 80 than one business personal property tax account, the$20,000 exemption shall be distributed 81 pro rata among all of the taxpayer accounts, based on the proportion of the assessed value in 82 each account to the total assessed value of that taxpayer's business personal property. 83 C. Pursuant to AS 29.45.050(b)(2),the inventories of businesses possessing a valid business 84 license from the state of Alaska are exempt from the tax imposed by this chapter. As used 85 herein, "inventories" means personal property in the hands of a retail or wholesale merchant 86 held for sale or personal property held in the form of raw materials or component parts for the 87 manufacture or production of goods. Kodiak Island Borough,Alaska Ordinance No. FY2015-11 Page 2 of 6 Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 75 of 165 AGENDA ITEM O.B. 88 D. Pursuant to AS 29.45.050(b)(2), (boats air d vessellls insert i'or con innerciiial purposes 89 such as con innerr.iiial fiiislh iiiin¢ , alharter (boat fiiislh iiiin¢ , or firelight Ihmau llliilin , air d fishing gear 90 (i.e., nets, seines, crab pots, long lines, trawls) and any or all associated paraphernalia 91 utilized for commercial fishing is exempt from property tax. [Ord. FY2014-10 §12, 2014; 92 amended during 7/11 supplement; Ord. FY2011-07§2,2010]. 93 94 3.40.030 Assessment return. 95 A. Every person with ownership in taxable personal property shall submit to the borough 96 assessor a personal property return of any property owned by him, or in which he has an 97 interest, and of the property held or controlled by him in a representative capacity, in the 98 manner prescribed,which return shall be based on property values existing as of the first day 99 of January of the year for which the return is made. The person making the return in every 100 case shall state an address to which all notices required to be given to him under this section 101 may be mailed or delivered.The return shall show the nature; quantity; description, including 102 date of manufacture; amount; value; purchase price, new or used; depreciable basis; and 103 current condition of all personal property, the place where the property is situated, and said 104 return shall be in such form and include such additional information as the assessor may 105 prescribe, and shall be signed and verified under oath by the person liable, or his or its 106 authorized agent or representative. 107 B. Said return shall be filed on or before the fifteenth day of January of each tax year, unless 108 the property owner requests, and the assessor approves, an extension that may not exceed 109 30 days.The extension must be requested prior to the January 15th due date. 110 C.The borough assessor may, by notice in writing to any person by whom a return has been 111 made, require from him a further return containing additional details and more explicit 112 particulars and, upon receipt of the notice,that person shall comply fully with its requirements 113 within 30 days. 114 D. In the event of any person failing, refusing, or neglecting to make or file said personal 115 property return of property owned by him, as required herein, the assessor shall make an 116 assessment which shall be as fair and equitable as he is able to make from the best 117 information in his possession concerning said property and this assessment shall be prima 118 facie evidence for all legal purposes and any related proceedings. (AS 29.45.130(a)) [Ord. 119 FY2014-10 §13, 2014; Ord. FY2011-07 §2, 2010; Ord. FY2011-05 §2, 2010; Ord. 92-25 §2, 120 1992;prior code Ch. 3 subch.2§1.Formerly§3.40.010.Code 1974§3.24.010]. 121 122 3.40.040 Tax situs of personal property. 123 A.The tax situs of personal property is presumed to be the Kodiak Island Borough if. 124 1. It is located within the borough on January 1st of the assessment year, and has been 125 located in the borough for more than a temporary period in the year prior to January; or 126 2. It is normally located within the borough, even though it is outside the borough on 127 January 1st of the assessment year, if it is located outside the borough for only a 128 temporary period of time during the year prior to January 1st of the assessment year; or 129 3. It is not located in the borough on January 1st, but has been kept or used within the 130 borough for any 60 days during the year preceding the January 1st assessment date; or Kodiak Island Borough,Alaska Ordinance No. FY2015-11 Page 3 of 6 Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 76 of 165 AGENDA ITEM O.B. 131 4. It normally is returned to the borough between uses elsewhere, and is not located in 132 any one place for more than a temporary period. 133 B. For purposes of this code, "temporary period" is defined as 60 days. [Ord. FY2014-10§14, 134 2014; Ord. FY2011-07 §2, 2010; Ord. 85-12-0 §1, 1985. Formerly §3.40.015. Code 1974 135 §3.24.015]. 136 137 3.40.060 Liability for and collection of personal property taxes. 138 A. The owner of personal property assessed is personally liable for the amount of taxes 139 assessed against the property. The tax, together with penalty and interest, may be collected 140 in a personal action brought in the name of the borough. 141 B. If the tax on personal property is not paid when due, the borough may, in addition to other 142 remedies available,enforce the tax lien by distraint and sale of the property after first making 143 demand of the person assessed for the amount of the tax, penalty, and interest.The demand 144 shall be in writing addressed to the person whose name appears on the last assessment roll 145 as the owner of the property, describing the personal property assessed and the amount of 146 the tax, penalty,and interest and demanding that the total be paid within 10 days after service 147 of the demand personally or by registered mail. 148 C. If the tax has not been paid after the expiration of 10 days from service of demand, the 149 clerk may issue a warrant directing a peace officer to seize the personal property for which 150 the tax was levied and to sell it at public auction after at least 15 days' notice of the sale by 151 posting and publication. If the proceeds from the property sold are not sufficient to satisfy the 152 tax, penalty, interest and costs of sale, the warrant may authorize the seizure of other 153 personal property sufficient to satisfy the tax, penalty,interest,and costs of sale. 154 D. The borough has the right to seek payment of any unpaid portion of the tax, penalty and 155 interest by all methods available under law. [Ord. FY2014-10 §15, 2014; Ord. FY2011-07§2, 156 2010; Ord. 74-12-0 §1, 1974; prior code Ch. 3 subch. 2 §2. Formerly §3.40.020. Code 1974 157 §3.24.020]. 158 159 3.40.060 Penalties and interest. 160 A.A person who files a completed return after the filing deadline, but before the mailing of the 161 assessment notices shall,in addition to other penalties provided by law,be liable for a penalty 162 of five percent of the tax assessed against said personal property for that tax year. 163 B.A person who,either for himself or as agent for another,or as agent,officer, or manager of 164 a corporation,fails to file a return as required by this code prior to February 28th of the current 165 assessment year shall be fined a penalty in the amount of$300.00. 166 C. A person who, either on his own behalf, as agent for another, or as the agent, officer, or 167 manager of a corporation, knowingly makes a false statement, return or list required by this 168 section relating to the amount, kind, or value of personal property subject to taxation by the 169 borough with intent to avoid or evade the assessment on taxation of the property, or part of it, 170 is guilty of a violation of this chapter, and this action is punishable by a fine of$1,000. (AS 171 29.45.140).[Ord. FY2014-10§16,2014; Ord. FY2011-07§2,2010; Ord.93-36§4, 1993; Ord. 172 92-25 §2, 1992; Ord. 74-8-0 §3, 1974; Ord. 69-4-0 §1, 1969; Ord. 67-11-0 §1, 1967; prior 173 code Ch.3 subch.2§3. Formerly§3.40.030. Code 1974§3.24.030]. 174 Kodiak Island Borough,Alaska Ordinance No. FY2015-11 Page 4 of 6 Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 77 of 165 AGENDA ITEM O.B. 175 0 40 070 Qassa,Mcaiaoir -of boats aua0 vesseNs.,. 176 I!!::Iu rsuant k x AS 29 45 050(b+)(4),�„x gets and rresseds are elessifed kl r I m rj oo*es o,t texetko,ia as e 177 tl e seeeirnblyr 06w++ 178 #4e b fidget swi�npstlgn I@a-o,;,eess io,i YaP1#4 an rneasa:o-r'd 179 to,_steria, na#4eir#4an..-Gia an mad v algree;IGaI [011T d. d 1!.2911 07.. 4, 401..0,Ord I!'-44009-.1..9 180 §2, 2006, Ord 4&4 , 1900, Ord 01 ry�t �*.1., 1941 §340050 ('kx de 1974 181 1;4t 0001.,, 182 183 3.40.0. ''0 Classification of aircraft. 184 A. Pursuant to AS 29.45.050(b)(2), for purposes of taxation, commercial aircraft that have 185 been issued an N number by the Federal Aviation Administration ("FAA") by January 1st of 186 the tax year and are less than 12,500 pounds takeoff weight shall be totally exempted from ad 187 valorem taxes and shall be taxed at the rate determined annually by the assembly during the 188 budget adoption process. 189 B.The owner of record of an aircraft that has been dismantled,destroyed or crashed and the 190 FAA N number has been retained by the aircraft's owner of record may submit to the 191 assessor proof of condition that would allow for taxation of that aircraft, if approved by the 192 assessor, at a rate determined by the assembly during the budget adoption process. Aircraft 193 for which such registration or licensing has lapsed or that has not passed the annual 194 inspection required by the FAA shall not qualify on this basis alone for ad valorem taxation 195 unless it has been dismantled,destroyed or crashed. 196 C. Commercial aircraft with a gross takeoff weight of more than 12,500 pounds shall be taxed 197 on an ad valorem basis and in accordance with the Kodiak Island Borough landing schedule 198 formula.The KIB landing schedule formula provides for the prorated calculation of scheduled 199 aircraft by dividing the total hours in a year into the total time aircraft operated by a scheduled 200 carrier are in the Kodiak Island Borough, and multiplying the result by the assessed value of 201 each aircraft. 202 D. Definitions. For purposes of this section: 203 "Aircraft" means any engine powered contrivance invented, used, or designed to navigate, or 204 fly in,the air and that is capable of being manned and is required by the FAA to be registered 205 and certified in order to be manned. 206 "Commercial aircraft" means any aircraft transporting passengers and/or cargo or is employed 207 for fish spotting, agricultural, aquacultural or other purposes for some payment, or other 208 consideration,including money or services rendered. 209 "Crashed” means aircraft for which only parts remain that, due to their condition, can no 210 longer be assembled to create any contrivable aircraft. This shall be evidenced by an FAA 211 accident report and/or copy of an insurance claim that determines the aircraft to be a total 212 loss. 213 "Destroyed"means aircraft that have been damaged by age,weather, neglect and/or external 214 influences outside the owner's control, and only unusable parts remain that, due to their 215 condition, can no longer be assembled to create any contrivable aircraft. This shall be 216 evidenced by photographs and a physical inspection by the borough assessing staff appraiser 217 if deemed necessary by the borough assessor. Kodiak Island Borough,Alaska Ordinance No. FY2015-11 Page 5 of 6 Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 78 of 165 AGENDA ITEM O.B. 218 "Dismantled" means aircraft that have been voluntarily disassembled and only parts remain 219 that can no longer be assembled to create any contrivable aircraft. Evidence such as 220 photographs and a physical inspection by the borough assessing staff appraiser shall be 221 provided or allowed if deemed necessary by the borough assessor. 222 E. An aircraft owner may appeal the determination of the borough assessor under 223 subsections B and C of this section using the same procedures for appeal of real and 224 personal property assessments as set out in KIBC 3.35.040(C)(3) and 3.35.050(C). [Ord. 225 FY2011-07§2,2010]. 226 227 Section 3: This ordinance shall take effect on January 1,2016. 228 229 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 230 THIS DAY OF 2016 231 KODIAK ISLAND BOROUGH 232 233 234 235 Jerrol Friend, Borough Mayor 236 237 ATTEST: 238 239 240 241 Nova M.Javier,MMC, Borough Clerk Kodiak Island Borough,Alaska Ordinance No. FY2015-11 Page 6 of 6 Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 79 of 165 AGENDA ITEM #13.A.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT '� � MAY 7, 2015 Pew . uti ASSEMBLY REGULAR MEETING TITLE: Contract No. FY2015-30 Bayside Fire Station Generator Procurement. ORIGINATOR: Matt Gandel FISCAL IMPACT: Yes 28,888.00 FUNDS AVAILABLE: Yes Account Number: 450-550 452.160 Amount Budgeted: $116,288 12016.6 SUMMARY STATEMENT: Kodiak Island Borough code 3.30.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. This project is funded by a $40,000 Alaska Designated Legislative Grant. In addition, the Fire Protection Area No.1 Board agreed to provide $115,100 to help fund the balance, for a total project budget of$155,100. The Assembly originally approved a design contract with RSA Engineering on February 20, 2014. RSA completed design documents for an interior generator and those documents were put out to bid in June 2014. Only one bid was received which substantially exceeds the project budget. Staff entered into negotiations with the sole bidder per KIBC 3.30.050(D), and the bidder agreed to lower its price, but it still exceeded the project budget. At its meeting on August 5, 2014, the Fire Protection Area No. 1 Board voted not to proceed with the project as designed due to the cost, and requested that staff explore the potential cost savings of an exterior generator with its own enclosure rather than the interior generator included in the design. An Invitation to Bid for procurement of an exterior generator and automatic transfer switch was issued on February 26, 2015, and bids were due and opened on March 19, 2015. Three bids were received. After reviewing bids, Staff has determined that Pacific Power Generation of Anchorage is the lowest responsive bidder. A copy of the bid tabulation is attached. This Contract is for the purchase only of an MTU Onsite Energy 35kw Standby Generator and a GE Zenith 600 amp Automatic Transfer Switch. The installation and any other related work will be contracted separately. The Fire Protection Area No. 1 Board approved the purchase at their April 7, 2015 Board Meeting. A draft copy of the meeting minutes are attached. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2015-30 with Pacific Power Generation of Anchorage, AK for the Bayside Fire Station Generator Procurement in an Amount Not to Exceed $28,888.00. Kodiak Island Borough Contract No. FY2015-30 Bayside Fire Station Generator Procur... Page 80 of 165 AGENDA ITEM #13.A.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT '� � MAY 7, 2015 Pew . uti ASSEMBLY REGULAR MEETING Kodiak Island Borough Contract No. FY2015-30 Bayside Fire Station Generator Procur... Page 81 of 165 AGENDA ITEM #13.A.1. Kodiak Island Borough id Tabulation Bayside Fire Station Generator Procurement Bid Opening: 3/19/15 3:00 PM BASE BID ALT.#1 (ADD) Total No. GENERAL CONTRACTOR (Base+Alt's) 1 Pacific Power Generation $ 28,888 1 1 $ 28,888 2 Marsh Creek Energy Systems Is 31,158 1 Is 31,158 3 Alaska Prime Power I $ 36,879 1 1 $ 36,879 Contract No. FY2015-30 Bayside Fire Station Generator Procur... Page 82 of 165 AGENDA ITEM $13.A.1. CO CO 2 o E \ / o 16 14i© 't cD k § x 0 ° D p� % e e e 04 W) n ° � - \ f « / / -- � a � ■ � - k 2 /< / m a m a _ r_ In .� K - \/ * � ; \y» m a @ 2 I 3 / ■ / / \ 04 04 E / / j j j j k Contract No FY2015 30 Ba Qde Fire Station Generator Pmc R. Page 8 G ]6 AGENDA ITEM #13.A.1. FIRE PROTECTION AREA NO.1 BOARD REGULAR MEETING April 7,2015 6:05 p.m. BAYSIDE FIRE HALL 1.CALL TO ORDER CHAIR NELSON called the regular meeting to order at 6:15 PM 2.ROLL CALL Board Members present were Richard Carstens, Chair Rebecca Nelson, Scott Arndt, Kiela Pickett and Jim Pickett.Also present were Acting Chief Doug Mather's, Mike Dolph, Jeff Halcomb,Douglas Payelle,Borough HR Officer Lauri Whiddon and Secretary Jenny Clay. 3.ACCEPTANCE/APPROVAL OF AGENDA ARNDT moved to accept and approve the agenda substituting: IOC.Cabinets and Countertops Replacement with IOC.Water Tender Project for April 7,2015. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 4.ACKNOWLEDGE RECEIPT OF FINANCIAL REPORT ARNDT moved to acknowledge receipt of the Financial Report. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5.APPROVAL OF MINUTES ARNDT moved to approve the minutes of February 25,2015. VOICE VOTE ON MOTION CARRED UNANIMOUSLY. 6.CHIEF REPORT Acting Chief Mathers updated the Board on various training activities and fire calls.Engine 10 heat gauge showed the engine was overheating. The engine was found to be fine and a new gauge and sensor was replaced. 7.CHAIR REPORT Chair Nelson reported working with Acting Chief Mathers on the Aurora project, a system for tracking training and run reports. The forms and latch manual for the Safe Kids Project—car seat program have arrived.This was a program funded by donations. 8.STAFF REPORT None 9.VISITOR COMMENTS Douglas Payelle spoke regarding unauthorized persons entering Bayside Fire Department and objects have ended up missing including a personal item of his. He suggested security cameras Fire Protection Area No.I Board Regular Meeting April 7,2015 Page 1 of 2 Contract No. FY2015-30 Bayside Fire Station Generator Procur... Page 84 of 165 AGENDA ITEM #13.A.1. be installed. He commented he would like to see emergency water and food stored in the Fire Department as the public and Fire Fighter's families would look to them for support in case of a disaster. Acting Chief Doug Mathers thanked Doug Payelle for his comments and reported to the board that they have changed the combinations on all locks with exception to the dayroom as it was used by many. 10.A.GENERATOR PROJECT Borough Project Manager Matt Gandel informed the Board the bid package to install the generator came back more than was budgeted. He then went out to bid to procure a generator, and have it delivered. It would not be installed or include a fencing enclosure. The lowest bid came in at$28,888.Board discussion ensued. ARNDT moved to recommend purchase of the generator and the 600 amp automatic transfer switch for a bid of$28,888 FOB Kodiak. ROLL CALL VOTES ON MOTION CARRED 5 TO 0. 10.B.WINDOW REPLACEMENTS Scott Arndt stated the board agreed that$32,000 was too much money for windows.He was still in the process of pricing windows which will be installed in phases. He had no further information at this time.The pricing for just the windows was between$6,000 and$8,000 thus far.Board discussion ensued.Chair Nelson moved the Window Replacement Project to a future meeting. 10.C.WATER TENDER PROJECT Chair Nelson and Vice-Chair Arndt drafted a letter to Senator Stevens and House Representative Louise Stutes requesting additional funds to procure a Water Tender. Arndt informed the Board there was no chance of additional funds from the State this year as it was not a registered project. The Board needed to take action to add the Water Tender Project to the Borough's Capital Improvement list. The Capital Improvement List was on the agenda for Planning and Zoning next Legislative Session in January 2016. The Water Tender estimated at $412,000. The funding requested from the State of Alaska was$100,000. ARNDT moved to recommend placement on the Borough's Capital Improvement List,a Water Tender for Fire Protection Area No.I with a total cost of$412,000,have budgeted$312,000 and requesting$100,000 from the State of Alaska. ROLL CALL VOTES ON MOTION CARRIED 5 TO 0. 10. D. CHIEF HIRING PROCESS — Executive Session — Evaluation of Applicants for Bayside Fire Chief Position. Fire Protection Area No.I Board Regular Meeting April 7,2015 Page 2 of 2 Contract No. FY2015-30 Bayside Fire Station Generator Procur... Page 85 of 165 AGENDA ITEM #13.A.1. Chair Nelson excused Board Members Kiela and Jim Pickett due to conflict of interest. CHAIR NELSON recessed the meeting to go into Executive Session. CHAIR NELSON reconvened the regular meeting. 11.VISITOR COMMENTS None 12.BOARD COMMENTS None 13.NEXT MEETING SCHEDULE A Special Meeting was scheduled for April 14, 2015 at Bayside Fire Department for an Executive Session to discuss applicants for Bayside Fire Chief Position. Also scheduled were two dates for interviewing applicants for the Fire Chief position on April 27,2015 and April 28, 2015 at 3:00 p.m. to 7:00p.m. The interviews were to be held at the Kodiak Island Borough Building. 14.Adjournment The meeting was adjourned at 9:06 p.m. SUBMITTED BY: ......................................................................., Dat e:................................................................................................. Jenny Clay,Board Secretary KIB Engineering/Facilities Department APPROVED BY: Date: Chair Rebecca Nelson Fire Protection Area No.I Board Regular Meeting April 7,2015 Page 3 of 2 Contract No. FY2015-30 Bayside Fire Station Generator Procur... Page 86 of 165 AGENDA ITEM #13.A.1. Contract No. FY2015-30 Bayside Fire Station Generator Procur... Page 87 of 165 AGENDA ITEM #13.A.1. BAYSIDE FIRE STATION GENERATOR PROCUREMENT KODIAK ISLAND BOROUGH EQUIPMENT PURCHASE AGREEMENT Contract No. 2015-30 THIS AGREEMENT, made this 7th day of May, 2015, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part,and Pacific Power Generation of 8001 Petersburg Street,Anchorage,Alaska 99507, hereinafter called the Distributor. WITNESSETH: That the Distributor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish a Standby Generator and Automatic Transfer Switch for the Kodiak Island Borough per the Specifications for same and for the sum of Twenty Eight Thousand Eight Hundred Eighty Eight&00/100($28,888.00)Dollars. The Distributor further covenants and agrees that the manufacturing of said STANDBY GENERATOR AND AUTOMATIC TRANSFER SWITCH shall be done to the complete satisfaction of the Kodiak Island Borough,subject to inspection at all times and approval by any participating agency of the Government of the United States of America,and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Distributor further covenants and agrees that the manufacturing of said STANDBY GENERATOR AND AUTOMATIC TRANSFER SWITCH shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Specifications: that he will abide by and perform all stipulations, covenants,and agreements specified in the Contract Documents, all of which are by reference hereby made a part of this Contract, as to all premises therein: and in case any of said materials or labor shall be rejected by the Borough Manager or his assistant or authorized representative, as defective or unsuitable, then the said materials shall be removed or replaced with other approved materials and the said labor shall be done anew to the satisfaction and the approval of the Borough Manager or his representatives, at the cost and expense of the Distributor. To the fullest extent permitted by law, the Distributor agrees to defend, pay on behalf of, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers and others working on behalf of the Kodiak Island Borough against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the Kodiak Island Borough, its elected and appointed officials, employees, volunteers or others working on behalf of the Kodiak Island Borough, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this Agreement. The agreement entered into by the acceptance of the Distributor's bid and the signing of this Agreement consists of the following documents all of which are component parts of said Agreement and as fully a part thereof as if herein set out in full, and if not attached,as if hereto attached. 1. Agreement 2. Invitation to Bid In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document Page I of 2 Contract No. FY2015-30 Bayside Fire Station Generator Procur... Page 88 of 165 AGENDA ITEM #13.A.1. BAYSIDE FIRE STATION GENERATOR PROCUREMENT or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. The Distributor further covenants and agrees that said STANDBY GENERATOR AND AUTOMATIC TRANSFER SWITCH shall be furnished and delivered to the satisfaction of the herein aforementioned Borough Manager, on or before August 15, 2015. It is expressly understood and agreed that in case of the failure on the part the Distributor for any reason, except with the written consent of the Borough Manager,to complete the furnishing and delivery of said STANDBY GENERATOR AND AUTOMATIC TRANSFER SWITCH before the aforesaid date,the party of the first part shall have the right to deduct from any monies due or which may become due the Distributor,or if no monies shall be due,the party of the first part shall have the right to recover One Hundred Dollars($ 100)per day for each and every calendar day elapsing between the time stipulated, and the actual date of delivery in accordance with the terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however,that upon receipt of written notice from the Distributor of the existing causes over which said Distributor has no control and which must delay the delivery of said STANDBY GENERATOR AND AUTOMATIC TRANSFER SWITCH, the Borough Manager may at his discretion, extend the period herein before specified for the delivery of the said STANDBY GENERATOR AND AUTOMATIC TRANSFER SWITCH, and in such case the Distributor shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. The Distributor hereby agrees to receive the prices set forth in the proposal as full compensation for delivering the STANDBY GENERATOR AND AUTOMATIC TRANSFER SWITCH to complete said Agreement to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Distributor shall not assign this contract, or any part thereof or any right to any of the monies to be paid him hereunder. Payment for services rendered under this Agreement shall be made by the Kodiak Island Borough within thirty [30] days of delivery, acceptance by the Kodiak Island Borough and invoicing by Distributor. IN WITNESS WHEREOF,The Kodiak Island Borough Manager,by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said Pacific Power Generation have hereunto set their hands and seals,the day and year first above written. The terms of this agreement shall be from May 7,2015 to August 15,2015. KODIAK ISLAND BOROUGH DISTRIBUTOR By By Cassidy Borough Manager Attest: `�� � `j/� l c`5 By Nova Javier, MMC Borough Clerk Page 2 of 2 Contract No. FY2015-30 Bayside Fire Station Generator Procur... Page 89 of 165 AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT '� � MAY 7, 2015 Pew . uti ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2015-01 B Amending Ordinance No. FY2015-01 Fiscal Year 2015 Budget by Amending Budgets to Account for Various Revenues That Are Over Budget, Accept Grants, and Provide for Additional Expenditures. ORIGINATOR: Karl Short FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This budget adjustment accounts for the following: • State PERS on behalf revenues and expenditures.-I • Moves the Renewal and Repacement fund loans from the Facilities Fund to the Hospital Enterprise Fund. • Moves $764,149 from the Hospital Fund to the Facilites Fund paying off that inter-fund loan. • Accepts two grants. • Approves spending $200,000 of the Womens Bay Fire Department's fund balance on the Womens Bay Fire Hall addition. • Increases the Borough Attorney's budget by$47,500 due to unanticipated litigation expenses. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2015-01 B in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2015-01 B Amending Ordinance No. FY2015-01 Fi... Page 90 of 165 AGENDA ITEM #13.C.1. Introduced by: Borough Manager 1 Requested by: Finance Director 2 CORRECTED OIF-1Y Drafted by: Finance Director Introduced: 05/07/2015 3 Public Hearing: 4 Adopted: 5 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2016-01B 9 10 ORDINANCE NO. FY2016-01A AMENDING ORDINANCE NO. FY2016-01 11 FISCAL YEAR 2016 BUDGET BY AMENDING BUDGETS TO ACCOUNT FOR 12 VARIOUS REVENUES THAT ARE OVER BUDGET, ACCEPT GRANTS, AND 13 PROVIDE FOR ADDITIONAL EXPENDITURES 14 15 WHEREAS, PERS was budgeted at the net rate of 22% and should have been budgeted at 16 64.41%of salaries and State revenues should have been budgeted at 42.41%of salaries. This 17 adjustment will have no net effect on revenues and expenditures;and 18 19 WIHIEJRIEA:S, the Geinei W IFund, Iboiroa ghm attoirin y's delpairbineir't wiiillllll exceed Its Ibuidgef 20 dui tai a nainrficiliilpated Illiiitiii¢ adorn exlpeinses, air d 21 22 WHEREAS, the Womens Bay Fire Department needs to use $200,000 of their fund balance 23 for expansion of the Womens Bay Fire Department addition;and 24 25 WHEREAS, the Borough received a grant for$200,000 for the Landfill Lateral Expansion;and 26 27 WHEREAS, the Hospital Enterprise Fund has available funds to assume the Facilities Fund 28 Loan to the Renewal&Replacement Fund;and 29 30 WHEREAS, the Borough received a grant for$50,000 for the Chiniak Playground;and 31 32 WHEREAS, the Hospital Enterprise fund has sufficient cash to pay off the Hospital Loan to 33 the Facilities Fund;and 34 35 WHEREAS, the FY2014 financials recorded the State portion of PERS for the Resource 36 Management Fund, Building and Grounds Fund, Bayside Fire Department, Solid Waste 37 Disposal Fund,and KFRC in the General Fund and these should be split into different funds. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 40 BOROUGH THAT: 41 42 Section 1: This ordinance is not of general application and shall not be codified. 43 44 Section 2: The FY2015 budget will be amended per the attached three page schedule. 45 Kodiak Island Borough,Alaska Ordinance No. FY2015-01B Page 1 of 2 Ordinance No. FY2015-01 B Amending Ordinance No. FY2015-01 Fi... Page 91 of 165 AGENDA ITEM #13.C.1. 46 Section 3: ne Woniens lBay IFiiiira Delpairtnnein't w1111111 lincirease hits use of fund IbWainee lby 47 $200,000� lincirease aemouin't 262-214-470-070 Ibu ill1dilings lby $100,000� 48 lineirease trainsfeir 'to IFuind 430 lby $100,000� iind iilineiraasa trainsfeirs iilin air d 49 project 10032,Wonneins lBay IMneirgeincy Cointeir IFuind 430 lby$100,000, 50 51 Section 4: The Borough accepts a$50,000 grant for the Chiniak Playground. 52 53 Section 6: The Borough accepts a$200,000 grant for the lateral expansion of the landfill. 54 55 Section 6: On June 30, 2015 the Hospital Fund will transfer$794,149 to the facilities fund 56 paying off the Facilities Fund loan to the Hospital Enterprise Fund. 57 58 Section 7: On June 30 the Hospital Enterprise Fund will transfer$2,745,029 to the Facilities 59 Fund and the Hospital Facilities Fund will then own the Inter-fund loans 60 previously made from the Facilities Fund to the Renewal and Replacement Fund. 61 62 Section 8: The terms of the loan from the Hospital Enterprise Fund to the Renewal & 63 Replacement Fund will be as follows: 64 a. The 3 separate Renewal & Replacement loans will be combined into one 65 loan. 66 b. The loan will be for 15 years with the first payment due on June 30,2016 67 c. Payments will be made annually. 68 d. The interest rate on the loan will be 4.5%. 69 e. The loan can be prepaid in full or in part. 70 f. An area wide tax, less any other funding sources, will be assessed for the 71 payment of this loan. 72 73 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 74 THIS DAY OF 2016 75 76 77 KODIAK ISLAND BOROUGH 78 79 80 81 Jerrol Friend, Borough Mayor 82 83 ATTEST: 84 85 86 87 Nova M.Javier, MMC, Borough Clerk 88 89 Kodiak Island Borough,Alaska Ordinance No. FY2007-16 Page 2 of 2 Ordinance No. FY2015-01 B Amending Ordinance No. FY2015-01 Fi... Page 92 of 165 PiVGIYL!/°i 1I GIYI YtIJ.V. 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Page 94 of 185 I GIYI YtIJ.V. I. m o a Y m a O O cc O O O O O O O O O O LO O O O O N N 0') 0') N N CO CO O M Ln Ln Ln Ln O O 6) It CO CO N N W CO CO O O N O O O O O N N N M O O Cl) CO CO O O CO N M O O 00 Cl) - O - N O N I- N N N N Cd M O CO Co n L N 00 0 CO O - 0 - W Ln CO N I- � M Cl) � M N LL CA r- "t "t W I- O N Co W W O 1` Cl) CO CO W M - Ln N cc cc cc cc cc cc cc cc cc cc cc LO LO cc cc Ln Ln cc N N N N N N CO CO O O Ln Ln C6 Ctd O O O O CO CO CO CO N N Ln Ln r R V 0 d V Z N a > R 'a 0 cz R N N Z N Q v Z R c R a+ R m 0 V m N d w J fA fA a2 m LL LL N O N N N M N N co N O N O M 2 2 -e 2 -e 2 2 -e 2 b z N N N N N N N N N N N N N N LL j Q LL j Q LL j Q LL j Q LL j Q LL j Q LL j Q N X N X N X N X N X N X N X w w w w w cr- w w p Ord inL ... Page 95 of 185 AGENDA ITEM #13.D.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT '� � MAY 7, 2015 Pew . uti ASSEMBLY REGULAR MEETING TITLE: Approval of donation of Borough Owned Alutiiq Artifacts to the Alutiiq Museum. ORIGINATOR: Nova Javier FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: In recognition of Alutiiq Museum's 20th Anniversary on May 13, 2015, they asked that the Kodiak Island Borough donate nine archaeological collections from Borough lands which are currently on loan to the museum.The current loan agreement is expiring. The museum proposes that instead of renewing the agreement, the Borough transfer to the museum full title for the nine collections. The collection reflect the history of Kodiak's Alutiiq people and donating them would allow the Alutiiq community to fully control of the care of these ancestral objects. The museum has never asked the borough to support the substantial costs associated with caring for these materials and they have provided professional curation in return for the privilege of conducting research on borough lands or as a community service. Patrick Salstonstall, Curator of Archaeology, is scheduled to provide a presentation at the May 7th meeting and Marnie Leist, Curator of Collections, will also be in attendance to answer any questions or assist with the presentation in any way. Historical note: In 2010, the KIB donated a collection of artifacts excavated in 2009 at a prehistoric archaeological site located on Borough property on Woody Island. Meeting packet information and minutes were added as a part of this packet. RECOMMENDED MOTION: Move to approve the transfer of Borough owned Alutiiq artifacts to the Alutiiq Museum reflected in the attached letter in celebration of the Alutiiq Museum's 20th anniversary. Kodiak Island Borough Approval of donation of Borough Owned Alutiiq Artifacts to t... Page 96 of 165 AGENDA ITEM #13.D.1. a , AI �� April 27,2015 Mayor Jerrol Friend 1AUSEU m Kodiak Island Borough Assembly ARCHAEOLOGICAL 3941 Woodland Drive REPOSITORY Kodiak,AK 99615 207 mission Road,First Floor Kodiak,Alaska 99% Re:Donation of Borough Owned Alutiiq Artifacts to the Alutliq Museum 907.486.7004 Dear Mayor Friend and members of the Kodiak Island Borough Assembly, Cama'i—Hello. On May 13`h the Alutiiq Museum will celebrate its 20`h anniversary. For the past two decades we have helped Kodiak residents connect to the archipelago's history with award winning exhibit,events,programs,and publications.We have reawakened Alutiiq traditions, promoted a more accurate and inclusive dialog about Kodiak's cultural heritage,and advanced cultural dignity among Alutiiq people.The museum has also been a valuable community asset.We continue to partner with numerous local service organizations,share Kodiak with a worldwide audience,support tourism,create jobs and economic development,and bring millions of dollars of grant money to Kodiak. I am writing to respectfully request that the Kodiak Island Borough recognize the museum's accomplishments on this important anniversary.Specifically,the Alutiiq Museum asks that the Kodiak Island Borough donate nine archaeological collections from Borough lands currently on loan to the museum.These collections contain a total of 9,271 items;mostly prehistoric stone artifacts and samples of shell or carbonized wood.They were collected during research on Afognak Island,Woody Island,and northern Kodiak Island. Some of this research was part of the museum's Community Archaeology program. Other efforts were led by scholars from other organizations. A summary of the collections is attached. Please note that the museum has never asked the borough to support the substantial costs associated with caring for these materials. We have provided professional curation in return for the privilege of conducting research on borough lands, or as a community service. In the coming year,the Alutiiq Museum was planning to approach the borough about the loan for these collections, as our current agreement is expiring.We propose that instead of renewing the loan,the Borough transfer to the museum full title for these nine collections.While these collections are priceless,they should never be viewed as a saleable asset.They reflect the history of Kodiak's Alutiiq people and are stored at the museum so that they may be studied and shared in perpetuity.Your donation would affirm this status.It would also represent a cost savings to both organizations.By giving the museum full authority to care for the collection,we would not need to contact your staff for assistance with loans,research requests,or permission to jpublish,saving valuable time. alutiiqrnrsaasurn.orag Approval of donation of Borough Owned Alutiiq Artifacts to t... Page 97 of 165 AGENDA ITEM #13.D.1. Kodiak Island Borough Owner Archaeological Collections Loaned to the AlutHq Museum Name Site# Location Description Status Aleut Village Site AFG-003 Afognak Bay 22 artifacts Loan Chiniak School Site KOD-350 Chiniak 2 artifacts Loan Amak Site* — KOD-1053 Womens Bay 805 artifact&samples Loan Kashevarof Site* KOD-1132 Womens Bay 1,358 artifacts&samples Loan Kashevarof Trail* KOD-376 Womens Bay 11 artifacts&samples Loan McCormick Site KOD-1045 Womens Bay 1 artifact,1 sample Loan Rifle Range Site KOD-451 Womens Bay 2 artifacts Loan Salonie Mound* KOD-451 Womens Bay 7,030 artifacts&samples Loan Unnamed KOD-924 Woody Island 39 historic objects Loan Unnamed KOD-952 0 Woody Island artifacts&samples Loan —Fic—ta—iLo—a— — 9,271 Total Donated 526 Notes: Donated items were given to the museum in 2010. *items collected through the Community Archaeology Program Approval of donation of Borough Owned Alutiiq Artifacts to t... Page 98 of 165 AGENDA ITEM #13.D.1. There is precedent for our request.In 2010,the Kodiak Island Borough gave the Alutiiq Museum an archaeological collection excavated from Borough property on Woody Island.Similarly,the City of Kodiak recognized the museum's stewardship of Alutiiq collections by donating archaeological materials from its lands in Monashka Bay. This gift would provide meaningful recognition of both the museum's foundational place in the Kodiak community and it professionalism. It would illustrate the borough's respect for our work, demonstrate community support for our future operations,and allow the Alutiiq community to fully control of the care of these ancestral objects. Please help us celebrate the museum's successes by donating the nine collections listed below in honor of our 20th birthday. Quyanaa—We thank you for your consideration, ti Alisha Drabek,PhD alisha@alutiiqmuseum.org CC. JJ Marsh,Tribal Administrator,Sun'aq Tribal Council David Anderson,Vice President,Natives of Kodiak Rob Stauffer,Tribal Administrator,Tangirnaq Native Village Jana Turvey,President/CEO,Leisnoi,Inc. Melissa Borton,Tribal Administrator,Native Village of Afognak Greg Hambright,President/CEO,Afognak Native Corporation Tom Panamaroff,President,Koniag,Inc. Approval of donation of Borough Owned Alutiiq Artifacts to t... Page 99 of 165 AGENDA ITEM #13.D.1. 4. Resolution No. FY2011-10 Declaring the Intent of the Kodiak Island Borough to Reimburse Original Expenditures for Costs of School Capital Improvements With Proceeds of Tax Exempt Bonds. KAPLAN moved to adopt Resolution No. FY2011-10. The Borough anticipated awarding a contract to an architectural firm to design the Kodiak High School Renovation and Renewal project in Fall 2010, with work to begin before the end of the year. The first bond issued to pay for the work was anticipated to be made in Spring 2011. Approval of this resolution reflected the Borough's intent to pay for the work with the proceeds of the Kodiak High School Renovation and Renewal bonds. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Fulp, and Jeffrey. Ordinances for Introduction None. Other Items 1. Donation of Artifacts to the Alutiiq Museum. BRANSON moved to authorize the Manager to donate the collection of artifacts discovered on Borough property on Woody Island to the Alutiiq Museum to oversee its care in perpetuity. This was to acknowledge donation by the Kodiak Island Borough to the Alutiiq Museum of a collection of artifacts excavated in 2009 at a prehistoric archaeological site located on Borough property on Woody Island. The collection, known as KOD-953, included 526 stone artifacts and samples (soil, wood charcoal, and burned bone fragments), project field notes, and photographs.An inventory of materials was provided. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Fulp, Jeffrey,and Kaplan. 2. Administer Oath of Office to Newly Elected Officials. The Borough Clerk administered the Oath of Office to Newly-Elected Mayor Jerome Selby and Assembly member Louise Stutes. Newly-Elected Assembly member Carol Austerman was not available to be sworn into office at the time of the meeting. Arrangements had been made to administer the Oath of Office to Assembly member Austerman in the Clerk's Office at a later date. 3. Presentation to Outgoing Assembly Member. Mayor Selby presented a plaque of appreciation to outgoing Assembly member Pat Branson. CITIZENS'COMMENTS None. Kodiak Island Borough Assembly Minutes October 21,2010 Page 4 Approval of donation of Borough Owned Alutiiq Artifacts to t... Page 100 of 165 AGENDA ITEM #13.D.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 21, 2010 REGULAR MEETING ITEM NO: 13.13.1 TITLE: Donation of Artifacts to the Alutiiq Museum. SUMMARY: This is to acknowledge donation by the Kodiak Island Borough to the Alutiiq Museum of a collection of artifacts excavated in 2009 at a prehistoric archaeological site located on Borough property on Woody Island. This collection, known as KOD-953, includes 526 stone artifacts and samples (soil, wood charcoal, and burned bone fragments), as well as project field notes and photographs. An inventory of materials is attached. FISCAL NOTES: N/A APPROVAL FOR AGENDA p 3-� RECOMMENDED MOTION: Move to authorize the Manager to donate this collection of artifacts discovered on Borough property on Woody Island to the Alutiiq Museum to oversee its care in perpetuity. Approval of donation of Borough Owned Alutiiq Artifacts to t... Page 101 of 165 AGENDA ITEM #13.D.1. THE ALUTIIQ MUSEUM&ARCHAEOLOGICAL REPOSITORY 215 Mission Road,Suite 101•Kodiak,Alaska 99615•907-486-7004•FAX 907-486-7048 vV�� C7 DEED OF GIFT Donor Name Kodiak Island Borough Address 710 Mill Bay Rd.,Kodiak,Alaska 99615_ Phone 907 486 9304 E-mail rgifford@kodiakak.us Credit Line: Gift of artifacts I/we,hereinafter referred to as the"Donor",of the property described below,certifies that(s)he/we possesses clear and uncontested title to the objects described below. The donor affirms that,to the best of its knowledge,the property was acquired in compliance with all applicable Federal and State laws. The donor(s)affirm that I/we own said property and that to the best of my(our)knowledge I/we have good and complete right,title and interests including all copyright,trademark and related interests to give. The donor/s,hereby unccndlt onally gives,transfers,assigns,and delivers all of the rights,titles,and interest in and to the property described below,including any literary rights,which the donor may possess,and to said property,to the Alutiiq Museum&Archaeological Repository as an unrestricted gift. I/we,the donor, further recognize that as an unrestricted gift,the museum may use the property in any way that meets its needs and standards.Limited gallery space and the policy of changing exhibitions do not allow the museum to promise the permanent exhibition of any object. Any variation in the terms must be in writing on this form and approved in writing by both parties. GENERAL DESCRIPTION OF PROPERTY(Please attach a collections worksheet,a detailed catalog if necessary, any provenance information,and a recenr photo if possible.): A collection of artifacts from Woody Island (KOD 953) which includes 526 stone artifacts and samples ,(soil wood charcoal and burned bone fragments)As well as project field notes and photographs (inventory catalog attached). Signature of Donor Date Signature of Donor Date The Alutiiq Museum & ArchaeologicaI Repository hereby accepts the above property under the conditions specified above and hereby acknowledges receipt of the above Deed of Gift. Signature of Staff Date The Alutiiq Museum is a public, non-profit 501(c)(3) organization[Federal Tax ID number 92-0150422]. As such, donations to the museum are tax deductible within the provision of the law. However,the museum cannot appraise any donation. individuals who require appraisal for tax purposes are advised to contact a third party appraiser and to consult the Tax Reform Act of 1984 and IRS publication No.561-"Determining the Value of Donated Property." QUYANAA! THANK YOU! Approval of donation of Borough Owned Alutiiq Artifacts to t... Page 102 of 165 AGENDA ITEM #13.D.1. 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Page 103 of 165 AGENDA ITEM #13.D.1. 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Y{ � F Y is s rYi *L}Y Sti$ y�, SV 5[i'}1*ttiS hl s y ,ni i Y��+ F ``t hl yat Y�y�Y 4'+�114 �t4t'w ati �i Y?t' r' s''}r 7`C ca a°T`sY�? :iy K. 4 G y y' y.. •. e, ,R 4i`Y - GS5 �4f5 k-t ,r-'+ tip 7'r+ e t1k g aBr1�° �y .� 4{� 4� c.t°'^ s ""� 'x7.."y�'sEk• r w'.,x' h^, sA s Y r +;, 1 w c ♦ �s ty s ��� �4;:.�p��� a t' � wy`Fi46k,Fi is "sfi"l 4S"�,y�s ti ��f{pg�st�{�ti l �y A f '+ r*S 1 1+.�'M'So- 4l`^ !"S t• \k qn�,y +�4 aY •Yf @` P .1�alp � s �, t,>X r�`K � ,✓' �r�t k1 >3. �g'tn•,� � k���'; fs+�i'='Q 3�a�1ps 1�.'{ �rU` sT�t^�i� } 7�s�t5MV. yA06.1 nslut sYi,..Y:{'1"'lt `'' r a ah`, 5y�,dr`•„ar .�' r'�''''T m; ” e,� Nil %t�4r f, d}c �"�1EY,'�d��hs"����';�s�4sy�,��n���4 il? s r e�s�+� y roa',"�}+��k5��'i—�•°,+�`pf�-0"1n�fT,',"��•y�a� " s Y }r}X6�w `� �'a�yF`yw{'tf fw��,?s �,Y >ti rkt•s5"�`�' '`s, �'i "YG+:ice . �E tz` u��,� Jw ,.ari, � '+�r�1 41tYrd,��ls {� ��rott}S'•S '�v�r� �_ �k� ras..�urrv��,•r" y �y. -3y 3 \+t A 1�`1y*.��M111„S t �S i F f5 S\• � ?.,.��r' 24 xSt f.e` ¢YwsvS 1s,? �Cua�e ly ro ;Y� Y,�„ 4t�.`- + .Cpl-ty� sSS �Fy.yst'ht ")s."Y ,�xuty}a -a 7 v'fyy5S��a,jV ♦H�+� Yhi •, 4yffl s S tr>J'i,b tvSttr' y ;di �it'sitl�..• s �+ ` �frrr:k _ tyd t�yK`� o +at>.'''�1 �w''tti�l v r.>•ansv�x..�'4�Na3 y,'�- it } t � �+�,�y�44..�� t ..4 ..�'..1 „t rx ...+ib �F. :".� �ra�i+. �: d.•' -ff.�G.r AGENDA ITEM #13.D.1. ° Alutiiq Museum • and Archaeological Repository 215 Mission Road,Suite 101, Kodiak,Alaska 99615 v� (907)486-7004 Fax:(907)486-7048 www.alutiigmuscum.org August 3,2010 r 0 Mr. Rick Gifford,Borough Manager& Kodiak Island Borough Assembly Kodiak Island Borough - F13 I Ji 710 Mill Bay Road Kodiak,AK 99615 Re:Curation of Woody Island Archaeological Collection Dear Mr.Gifford and members of the Kodiak Island Borough Assembly, Last summer,with your permission,the Woody Island Tribal Council excavated a prehistoric archaeological site on Borough lands on Woody Island. Known as KOD-953,this site lies north of the Woody Island dock. The resulting collection,temporarily stored at the Alutiiq Museum, includes 526 stone artifacts and samples(soil,wood charcoal,and burned bone fragments),as well as project field notes and photographs. I am attaching an inventory of the materials for you. This small,scientifically made collection holds valuable information on the Alutiiq past and will be important to future research on Kodiak prehistory. The Alutiiq Museum now needs to plan for the long-term care of these materials. The researchers who recovered them have carefully completed all the necessary cleaning, inventorying,and cataloging. The collection is now ready to be deposited in a museum. I am writing to request the Kodiak Island Borough consider donating the collection to the Alutiiq Museum. The Alutiiq Museum would be pleased to care for the collection. This is the type of collection the museum was created to preserve and the materials would compliment our existing holding. By depositing the collection with us,you would insure its long-term preservation and availability to both future generations of Kodiak Islanders and researchers. To support the care of the collection,the Woody Island Tribal Council recently offered to pay the Alutiiq Museum$1000 for its long-term curation. The Council feels a stewardship responsibility for the materials as they were collected during a Council sponsored project and as they represent the activities of their ancestors. With your approval the museum would accept the collection as a donation from the Kodiak Island Borough and use the funding from the Woody Island Tribal Council to pay for the costs of storing the materials in archival quality boxes and overseeing their care in perpetuity. It is also possible for the Kodiak Island Borough to loan the materials to the Alutiiq Museum. We could arrange for a long-term loan that would provide for the care of the collection at our The Alutliq Museum is u uomprafit orpoimmioo dedimted to preserving and shnring thecultmrni tndltionsof theAluthq,n Native Alaskan people.itisgovemed by represematives of Kodiak's Alutiiq corimitians,with fmiding from dmntnble mitrnbutiuus,memberships,gents and sues. Approval of donation of Borough Owned Alutiiq Artifacts to t... Page 119 of 165 AGENDA ITEM #13.D.1. facility for ten-year intervals,requiring renegotiation once a decade. However,as the Woody Island Tribal Council is offering to pay curation fees,and as a loan provides no assurance of long-term storage with the Alutiiq Museum,we would prefer to accept the collection as a donation. In short,we don't want to accept the Tribal Council's money without a solid understanding that the collection will remain at the Alutiiq Museum. We believe that the best way for this to occur is for the collection to be donated to the Alutiiq Museum where it can be preserved for all Kodiak Islanders forever. We thank you for yo r consider on, Patrick G.Saltonstall, MA,RPA Curator cc. Gordon Pullar,President,Woody Island Tribal Council Maggie Rocheleau,Village Administrator,Woody Island Tribal Council Approval of donation of Borough Owned Alutiiq Artifacts to t... Page 120 of 165 AGENDA ITEM W.A.1. FIRE PROTECTION DISTRICT NO.1 BOAR REGULAR MEETING RECEIVED FEBRUARY 25,2015 6:05 p.m. BAYSIDE FIRE HALL AP R 9 2015 1.CALL TO ORDER BOROUGH CLERK'S OFFICE KODIAK.ALASKA CHAIR NELSON called the regular meeting to order at 6:10 PM 2.ROLL CALL Board Members present were Richard Carstens, Chair Rebecca Nelson, and Scott Arndt.Also present were Acting Chief Doug Mather's, Mike Dolph, Jeff Halcomb, Wayne Aboussleman, Tim Witt,Jeremiah Black, Shirley M. Berns, and Secretary Jenny Clay. Chair Nelson excused board members Jim and Kiela Pickett who were absent. 3.ACCEPTANCE/APPROVAL OF AGENDA ARNDT moved to accept and approve the agenda adding: 10A. Cabinets and Countertops Replacement for February 25,2015. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 4.ACKNOWLEDGE RECEIPT OF FINANCIAL REPORT ARNDT moved to acknowledge receipt of the Financial Report. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5.APPROVAL OF MINUTES ARNDT moved to approve the minutes of February 10,2015. VOICE VOTE ON MOTION CARRED UNANIMOUSLY. 6.CHIEF REPORT None 7.CHAIR REPORT None S.STAFF REPORT None 9.VISITOR COMMENTS Shirley Berns asked if there was a new Fire Chief yet. Chair Nelson informed her that the board was still in the hiring process. Fire Protection Area No. I Board Regular Meeting February 25,2015 Page I of 2 Fire Protection Area Nn. 1 Board RM, February 25, 2015; Plan... Page 121 of 165 AGENDA ITEM W.A.1. Wayne Aboussleman stated he would like to hear information on the Chief Hiring Process and would comment after that agenda itern. 10. WINDOW REPLACEMENTS Borough Project Manager Matt Gandel informed the board of the new bid for the Bayside Fire Department Windows. The bid for the windows was for $32,000. The different color and casement accounted for the large difference from the first bid of $6,000. Board discussion ARNDT moved to postpone the window replacement until the next meeting. VOICE VOTE ON MOTION CARRED UNANIMOUSLY. A. Cabinet and Counter Top Replacement Arndt had Spenard Builders measure for Cabinets and Countertop in the Bayside Apartment. He discussed materials and pricing with the board. ARNDT moved to approve a budget with Spenard Builders not to exceed $10,500 for cabinets and countertops. ROLL CALL VOTE ON MOTION CARRIED 3 TO 0. CHAIR NELSON recessed the meeting. 11.Public Hearing A.FY2016 Budget CHAIR NELSON opened the Public Hearing for the FY2016 Budget. No comments on the budget were made. CHAIR NELSON closed the public hearing for the FY2016 budget. CHAIR NELSON Reconvened the Regular Meeting. ARNDT Moved to approve the FY2016 Budget as advertised. ROLL CALL VOTE ON MOTION CARRED 3 TO 0. 12.Chief Hiring Process Chair Nelson stated they were in the process of background checks for the applicants for Chief. Upon completion the Board would be scheduling oral interviews, The Board would be going into executive session to discuss the oral interview questions. Laurie Whiddon presented the interview questions to the board for additional input. Chair Nelson closed the regular meeting. Fire Protection Area No. I Board Regular Meeting February 25,2015 Page 2 of 2 Fire Protection Area Nn. 1 Board RM, February 25, 2015; Plan... page 122of185 AGENDA ITEM W.A.1. ARNDT move to go into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CHAIR NELSON reconvened the regular meeting,, 13.Visitor Comments Shirley Berns commented it would be nice if there was someone to answer the phones at the Fire station. She expressed interest in the hiring process. Wayne Aboussleman wanted to find out if the Board were interviewing all 9 applicants and wondered about the estimated cost in bringing the out of town applicants to Kodiak. Chair Nelson responded that the board was diligent in staying within their budget and would not know until the background checks are completed whether they would be interviewing all 9 of the applicants. He also asked the Board if an applicant does not have the minimum qualifications, would he be given, a time to get those qualifications. Chair Nelson said that they would be given that time. 14.Board Comments R.Carstens --Thanked Arndt for all his work on the rehab of the apartment. He also stated he did not agree with the price of the new windows. S. Arndt—No Comment R, Nelson—We have many projects such as Windows, Fire Chief,Generator and the Apartment. The board has been disciplined and living within their means. They try to provide the best service and product for as little as possible to maintain that 1.5 Mill Rate. 15.Next Meeting Schedule The next meeting was scheduled for March 13,2015. 16.Adjournment The meeting was adjourned at 8:25 p.m. SUBMITTED BY: KTB En gineering/Facili ties Department APPROVED BY: e son Fire Proice(ion Area No. I Board Regular Meeting February 25,2015 Page 3 of 2 Fire Protection Area Nn. 1 Board RM, February 25, 2015; Plan... Page 123of185 AGENDA ITEM W.A.1. Kodiak Island Borough Planning & Zoning Commission Minutes January 12,2015 Code Update Special Meeting 6:30 p.m.in the Assembly Chambers CALL TO ORDER VICE CHAIR SCHMITT called to order the January 12, 2015 special meeting of the Planning and Zoning Commission at 6:32 p.m. PLEDGE OF ALLEGIANCE VICE CHAIR SCHMITT led the pledge of allegiance. ROLL CALL Requested to be excused are Pat Olsen and Jennifer Richcreek due to being out of town. Commissioners present were Jay Baldwin, Alan Schmitt, Kathy Drabek, Maria Painter, and Scott Arndt. Excused were Pat Olsen and Jennifer Richcreek. Community Development Department staff present was Director Pederson, Martin Lydick, Jack Maker,and Sheila Smith A quorum was established. COMMISSIONER ARNDT MOVED to excuse Pat Olsen and Jennifer Richcreek. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER ARNDT MOVED to approve the agenda and change the time from 3 minutes to 5 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS A) Items Not Scheduled for Public Hearing: Limited to five minutes per speaker. Local telephone number:486-3231 Toll Free phone number:855-492-9202. Kyle Crowe thanked the commission and staff for their service. He thanked the citizens that have contributed so much time and effort to the Code Revision review. The department has been entrusted with developing the laws that govern the way we use our lands including our private property, and for administering those laws. They've also been permitted over time and circumstances to achieve an unhealthy influence. Last summer he had to work through the department to perform some work on his property. While that experience was painful he's grateful that it opened up his eyes. He is shocked, alarmed, and appalled by the power and authority that we citizens have allowed this small department to achieve. He doesn't think the current status as the high priest of the land was achieved as a result of any conspiracy or effort by any particular individual and it seems more likely to him that this unacceptable situation developed naturally when you consider the given conditions and environment in which the department has evolved. Over the years we have let them draft the original laws which were complex and vague and we approved them. We became dependent on them for their interpretation, we let them guide and advise our elected officials and appointed advocates, we let them write the agendas and scripts for the commission meetings, we let them keep the minutes and maintain the records of all proceedings. They have become the virtual sole source of information and advice on the meaning of the code and anyone who speaks to build, repair, or replace anything on their property needs to see it is allowed or how it must be done. Hedges, vegetation, barbeque grills, swing sets, sandboxes, smokehouses, banyas, woodsheds, woodpiles, hoophouses, greenhouses, doll houses, dog 1/1212015 P&Z Minutes Page 1 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 124 of 165 AGENDA ITEM W.A.1. houses, chicken coops. We are all at the mercy of the department and their determinations, opinions, and their almost exclusive knowledge of and familiarity with this code and their unique processes for granting approval and making conditional approvals if allowed; how, what, and where you can do it. He expects our representatives to act quickly and decisively to ensure our rights are adequately protected and that this department is better and more closely supervised and managed to ensure that they perform their duties as responsible servants with assisting us in the wise use of our lands. Jamie Fagan thanked the commission for the thankless hours spent on this. He submitted an unofficial survey conducted over the past few weeks that have 420 signatures of people who feel strongly that this code has to go away. Fagan believes these draft codes cannot work, it cannot be made to work, and he suggested that we go back to the old code and fix what's wrong.This code is UN Agenda 21 which stands for the United Nations Action Plan for the 21 st Century. George H. W. Bush signed the treaty in 1992 and in 1993 President Clinton created the President's Council on Sustainable Development for the sole purpose of getting into every city, county, and state in the U.S.through federal rules, regulations, and grants.This is a global plan but is implemented locally. The following feel good type of language is used: smart growth, green, social justice, sustainable development, consensus, partnership, stakeholders, diversity, visioning, open space, heritage, comprehensive planning, greenspace, etc. He suggested that the borough assembly and city council pass a resolution similar to the Fairbanks Anti-UN Agenda 21 Resolution passed in 2013 condemning UN Agenda 21.This code, in his opinion, is an assault on our property rights. It makes all property owners guilty before they commit a crime, it blatantly violates at least 3 of our Bill of Rights, it concentrates power in the hands of a small minority of bureaucrats. Jascha Zbitnoff stated that the commission may want to consider a bigger venue due to about 250 people being in the hall and the parking lot is full which all those people cannot hear the meeting and he recommended postponing to a larger venue. He suggested having it in the auditorium tomorrow night. VICE CHAIR SCHMITT stated there will not be a meeting on this this week but there will be another special meeting on January 28"'and February 4'"and will occur in this room. Jascha Zbitnoff stated we need to figure out another time when we can get more people involved in a bigger venue that you can announce with the proper time and do it in the auditorium.There is plenty of time to get that set up. Someone on the commission could make a motion to make another meeting. Peggy Rauwolf stated this board is just like the Parks and Rec Board. When P&R were having issues with trails they reconvened at the high school. She feels that the commission should think about this because there are a lot of people who are concerned and they can't fit into this room and we are Kodiak. Jascha Zbitnoff stated he would like to hear someone make a motion for another time in another venue that everyone can get into. COMMISSIONER ARNDT stated it's the commission's intent to take all the public testimony that we can but now this isn't working out in the assembly Chambers. There's the meeting schedule that one has to go through for advertising and it's usually 3 -5 days that ideally we want to get the notice out to the paper to the people. Scheduling the venue we have to check to see when it's available so there are hoops to go through. We don't have the meeting scheduled but we have some tentative dates and the next date was January 28"' and he's leaning towards moving to postpone this until January 28". We don't have a location right now but we'll be trying to find another location and advertise it. This is the fullest that he's ever seen the assembly chambers. That says a lot for the issues we are dealing with and the intent is that no one will be short changed. If everyone can keep this civil he would recommend continuing but he's concerned that this is going to get out of hand. COMMISSIONER ARNDT MOVED to postpone until January 28". 1/1212015 P&Z Minutes Page 2 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 125 of 165 AGENDA ITEM W.A.1. COMMISSIONER ARNDT withdrew his motion. PUBLIC HEARINGS Limited to five minutes per speaker. Local Telephone Number:486-3231 Toll Free Number: 855-492-9202 A) Case: Update of KIBC Title 16-Subdivisions. Request a review of the recommendations for amendments to Title 16 of the Borough Code. The applicant is the Kodiak Island Borough and the agent' is the Community Development Department. The location is borough-wide and the zoning varies. The motion on the floor from the October 1, 2014 Special Code Update Meeting is: COMMISSIONER ARNDT MOVED to advance Titles 16, 17, & 18 to the Assembly for passing. The public hearing is still opened for public testimony on Titles 16, 17, and 18. Leonard Roberson (caller) stated he arrived tonight there are people standing in the rain and he thinks it should be postponed to a bigger venue so all the people can hear and give testimony. He's also opposed to the draft codes.There's too many things already put into law without citizen's input such as giving the Code Enforcement Officer the same authority as a police officer to issue monetary citations.There's already been changes made that resident's haven't had the opportunity to weigh in on and now we can be fined or given tickets by the discretion of an individual which was before you even started talking about rewrites. You created the Code Enforcement position, then created the ability for the Code Enforcement Officer to issue monetary tickets, and now you want to make it where it becomes a money grab:we've got the person, the authority, the ability to receive funds, and now we need to make just about everything illegal for a person to do on their personal property so we can gain income.We the people have had enough of this money grabbing and everyone's a criminal type attitude from our assembly. We want you to know we are paying attention. He wants the new assembly members to take a step back and look and listen to the people and realize all the issues we've had with the trash and roll carts, there's been a lot of deception and dishonesty by this assembly and borough management toward the residents. Tthe borough residents have been treated like second class citizens when it comes to dumpster use, we're being charged more than city dwellers even though they put dumpsters back for city residents the borough residents still pay for the cleanup around those dumpsters. We were told there would be transfer stations and now there are bears running around in our neighborhood with bullet holes. Stop the lying, stop the deception, and stop the dishonesty and start being straight with the residents of this community. Look out into that hallway and listen to we the people. Sarah Thayer(called)stated she's been in Kodiak for the last 35 years and in any civilized society there are laws, rules, and codes. Some in many may need to be revised because they are outdated. In April 2013 the Fairbanks City Council voted unanimously to not partake in the UN Agenda 21 but Juneau and Sitka did. Maybe someone can tell us how the residents of these cities feel now about their decisions. Locally there are questions that need answers. How does the city council feel about these code revisions because the city is in the borough and who would enforce these codes?Does the borough have enough manpower?She requested the commission consider the consequences that would and could be. Denise May, Port Lions resident, stated she's an Afognak native born and raised in Kodiak. She's read through this document and if you go through the color coded document almost every page has new changes and there's a lot of changes. It's impossible to please everyone but trying to please the majority is important. You've heard a lot about how the majority feels about this. She serves on the Alaska Federation of Natives Board representing the villages on Kodiak Island of which the largest is the Kodiak village. One thing she read was calling the road system urban. In calling the road system urban you affect the subsistence rights of the Kodiak community. That designation comes about every 3 years and has to be voted on. AFN works hard to make sure certain communities do not lose their subsistence rights. It would be very difficult for her to address every issue that she has concerns about. She agrees with taking the old code and taking a look at 1/12/2015 P&Z Minutes Page 3 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 126 of 165 AGENDA ITEM W.A.1. it. When a ship is being steered in the wrong direction and a new captain comes on board they usually try to change the course to accommodate the right direction to make things work right. Neal Cooper thanked everyone. He stated he's talked to everyone here and Kodiak has spoken. Kodiak has finally woken up. He hopes the commission will represent us because we are the voting public. Cooper is now prepared, he has researched and found that some of the responsibilities that are going on in this. He started taking notes and people asked him for help understanding this. One thing that bothers him is "If the use is not listed in the code it's prohibited unless the use is listed as prohibited the code specifically describes permitted uses for each zoning area." If an activity is not listed as prohibited, he reads it as saying it isn't prohibited. Some of the things that when this code was written it didn't apply to Kodiak at all like"Since it's not written we can't go hunting, since it's not written we can't go shooting.What really bothers him is concerning private ownership of property "The Kodiak Island Borough Community Development Department will interpret, determine, resolve to their satisfaction, deem necessary, deem appropriate, may allow, approve, prohibit, compel, require, specify, grant, authorize, rule (inaudible) or view, charge additional fees, and designate by line. He reads this as I am the alpha and the omega, nothing happens unless I say it happens. We had someone intimidated badly by a borough employee. A little tiny lady just read her up the riot act and she was shaking in her shoes. People say this doesn't happen. When borough people are looking in their windows and then going next door looking in their windows for any violations, that is a violation of the constitution. He contacted attorneys in Anchorage to see if he was reading the draft codes correctly, are they really writing it like this. We really need to evaluate this because he didn't appoint anyone God in his life. This is Kodiak and we've spoken. Brent Watkins stated he was on the commission when this process started. He has thirteen years of board service with 7 of it on the commission. When this process started we were faced with a broken code; it's unorganized, it was unclear to the citizens, you couldn't pick it up and figure out what you were supposed to do or what you weren't supposed to do, and it's open for too much interpretation by Community Development Department staff.The last 2 are the worst.The unclear can be explained but the interpretation has been an ongoing problem and a historic problem. You can't get a consistent definition of what the law is; you get inconsistent application of what is permissible and what is not permissible. Two people can go in on the same day and you get completely different answers from the same person. It's led to the code being historically applied by who you are; certain people staff will bend over backwards for and disregarded ethics and could be questionably legal to push things through. Staff has trespassed to make cases and generally misrepresented things. We've had cases in Bells Flats where from one angle a photo was presented as a pile of trash but in seeing it from the background of another photo you could see that someone was building a living fence out of recycled materials so what was presented as a pile of junk tires was actually a garden project in process.These people had to come in here to explain themselves on that and a lot of other issues. What's junk? We've had staff act on lumber piles, material piles for projects that were being done and those have been listed as junk. Staff interpretations was one of the biggest things we were trying to fix with this rewrite and all we've done is gone backwards in this process. We've assigned more power to staff and a much more liberal interpretation for the code. This is a disservice to the people. To throw it out now would cost us a lot of money, to implement it would cost us a lot more. Dr. Bob Johnson stated he had his 89'" birthday this Christmas. Seventy-seven of those years have been spent in Kodiak. He came to Kodiak in 1938 with his father who was the first physician in Kodiak and has been here ever since. He's seen taxes established that were to be short term and be terminated.The 6% sales tax was not supposed to be continued, it was never sunsetted as it was supposed to have been. He's seen property taxes grow with the community; he's seen the borough formed with the help of his father who established the first Planning and Zoning Commission. His family was involved with this for a long time and we've been very proud of Kodiak. We liked it first because it was so beautiful, so quiet, a small town where everyone knew everyone. Johnson resented some of the regulations that told us what we could and couldn't do but they were necessary it seemed and on this went until his father died in 1964.After the Good Friday 1/12/2015 P&Z Minutes Page 4 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 127 of 165 AGENDA ITEM W.A.1. earthquake and tsunami the borough was involved in urban renewal and we started all over again downtown. When Johnson was on the borough we reviewed the borough code, every year we made adjustments to try to fit the changing times. Kodiak was always growing but since the turn of the century we have not grown. Our population has not increased yet the City Council and the Borough Assembly and the people in government have continued to act as though we're still growing, and we still have a good bond rating so we're still able to borrow money and build. That would make sense if we were still growing but we're not. Our bond rating is still good though and we can still borrow. The habit has been established,we're over building, we've built educes here, we were going to build a new post office on Near Island but the people voted that down.We were going to build a new library 2 or 3 times and it was voted down. We did build a new police station that is beautiful and we built a new library that's beautiful. We spent a lot of money on both and we're still spending money. We are still acting like we are growing, we're still spending and the spending is what's increasing the cost of living. The cost of living should not be growing when we are not growing as a community and yet it's because we are still spending and we're still paying the interest on what we owe. That is being paid by taxes. Now someone with their wisdom or lack thereof has decided they are going to rewrite the borough code. He has read a lot of it and it sounds too militant to him. Go back and adjust what you've got and give us something to vote for that we can suggest changes to. We can't suggest changes to this; the only change we could suggest is just get rid of it. Julie Kavanaugh stated she's 32 year resident. She wanted to highlight that she does understand that many things in this revision are in reality already in code. Currently under the proposed Title 17 the property she owns in Kalsin Bay would be rezoned from Rural Neighborhood Commercial to Neighborhood Commercial.We are not in favor of this rezoning designation as it unduly limits their ability to serve the needs of Kodiak and its love of outdoor activities. She specifically does not understand discontinuing or possibly not allowing recreational cabins, warehouses, agricultural buildings, or restricting the lot coverage on her 10 acre lot. She visualizes a whole number of opportunities on this property that would serve public need, safety, and provide convenience services in a logically underserved area. Combining rural and urban neighborhood commercial into 1 designation does not work and should be left as is or edited with the input of the property owners that it affects. She and others would be willing to attend these meetings. Combining the rural and urban neighborhood commercial does bring up our subsistence lifestyle. There are many revisions in current codes that concern her:the noise standards,animals being restricted,the way she reads it is if she has a fish tank full of 12 goldfish then she can't have the dog that she owns which is ridiculous to her.The code also adds turtles,ferrets, hamsters, rabbits and she doesn't understand why the borough would tell her how many animals she can have. She understands health and safety of the animals and unwarranted odors or noise of some sort although she doesn't know if it should be that specific. It concerns her that the borough is going to tell her how many animals that she can have on her property. Another concern, the wording was vague like they were going to discourage having livestock on properties of 20,000 or 40,000 sq.feet if they were over 55 lbs. Her son has a puppy that's going to grow to be about 190 lbs. but if he wants to raise sheep for wool you are going to discourage or possibly not permit him to have that sheep but he can have a 200 lb. dog that already poops more than a sheep ever would. She doesn't believe that the borough should dictate what types of animals she can have. She's opposed to limiting Bed & Breakfasts to 2 rooms. She would agree that adequate parking should be provided but right now she has a 4 bedroom house and at some point she may want to utilize 3 of those rooms, and we have more than adequate parking. This code limits people's basic ability to adjust later in life to a set income in retirement where the income could be crucial to their desire to stay in Kodiak. She's concerned with the provisions that allow the borough to establish escrow and performance guarantees, these are found on line 670 and 279. These provisions allow the borough to collect a deposit to cover additional staff time and effort; no limits are described in this escrow policy and to require a deposit of 130% of the improvement cost to ensure compliance and completion respectively. The performance guarantee can be used for administrative and legal costs. She referenced 17.40.020- Conditions of Approval—Line 418 — Where authorized by this title the commission and borough assembly may, as a condition, approve the request to apply reasonable requirements. Those are 1112/2015 P&Z Minutes Page 5 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 128 of 165 AGENDA ITEM W.A.1. not reasonable requirements. She's not in favor of these fees or guarantees, they feel subjective and potentially unduly hinder average residents. It's a negative, harsh, and difficult criterion to comply with. She has many more concerns with the draft codes Mike Rostad stated the recurring theme with Iver Malutin was common sense. Malutin deplored that we're losing common sense. From the testimony tonight you wonder where is the common sense in these draft codes. Common sense tells us to beware of 2 extreme attitudes towards government; on one end you hear people say we don't need it, we don't need taxes, and then on the other end you have people who never question government and they trust the government will take care of you. Even our forefathers told us that we needed to have a healthy mistrust of government; it's a necessary evil basically that we need as a country but we should also treat it like a ravenous wolf. Rostad shared a quote with the commission; Eternal vigilance is a price of liberty. What we are seeing tonight is a valid concern of government overreach. He thinks we are seeing this in the proposed borough codes. Hard working, tax paying people have taken the time to spell out the implications of these codes and which if enacted will deflate the spirit and vigor that has attracted tourists and citizens to this beautiful island for centuries. Those in the borough government get their salaries and benefits on the backs of fisherman and other hard working people. It appears this proposed code will be piling more burdens on those weary, sagging backs. That's your tax base, why propose more burdens on them. Rostad thanked Mr. Fagan, Kyle Crow, Betty McTavish, and others who have studied these codes and tried to make them understandable. It is a sad commentary when we have to be watchdogs to monitor our public servants and elected/appointed officials because you represent this community and you promised when you ran for office that you would take our interests at heart. Rostad strongly recommended that P&Z do away with the proposed codes which seem to give unlimited authority to the Community Development Director. He suggested that P&Z revise the existing codes that need to be changed. Kodiak does not need this. He knows what the fisherman go through and they need to be supported, not burdened with more foolish requirements. Remember borough employees and elected and appointed officials, you work for we the people and we the people have spoken quite clearly and loudly tonight on an issue that has united many of us but also it has the potential to divide. He thanked the commission. John Neff stated he's a fairly young man who grew up in Kodiak. He's a private land owner and enjoys Kodiak. He appreciates the amount of freedom he's currently able to use when it comes to his own property. It's disconcerting to see how far and overreaching the draft codes are. It's a communist agenda and it needs to be gotten rid of. Rob Lyndsey stated he's taught by Jesus' example; obedience, submit to authority, to all laws good or bad. That means whatever comes out he's supposed to submit to. He's also commanded, if able, to speak out for the minorities and defend those who may not understand things that may affect them. In Luke 3.13 Jesus told the tax collectors don't collect any more than you are required to. He believed this borough would live under the code enforcement that it was enforced by complaint only. He's not sure if that's been stricken from the code or if it's true. If this goes through as proposed it's going to be deeply reviewed with a lot of comment. Lyndsey was a P&Z commissioner for 6 years and he feels the commission's pain. He knows how hard it is to go up against staff. If you disagree with staff they will just leave you out in the cold. Lyndsey feels it is not how it's supposed to work and now you have a referendum that can be changed. He wants to continue to live here in the manner that he has been. He thinks this all started out as Watkins explained so well and it just got in the hands of staff. As the commission rolls over, well that didn't roll over, it just kept rolling and rolling and it has snowballed. He agrees with Dr. Bob, let's scrap the whole thing. There's a true, factual, psychological bias, it's human nature to keep throwing good money after bad.We have all paid into this money that's been spent, so be it. Let's start over. Mary Brown stated she's recently had some issues with the borough where they took her to court for things that she has on her property that the borough says she shouldn't have. She's on Social Security/Disability and it was tough to do everything. The judge decided that since she owns her own property she is able to own some of the animals and things. The borough officer was out 1/1212015 P&Z Minutes Page 6 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 129 of 165 AGENDA ITEM W.A.1. taking pictures from everywhere, he would be out every week, and it was very intimidating. She agrees that these codes should be thrown out.She thanked the commission and the public. Brian Large stated it sounds like the codes have been made up. He knows how this works and you are kind of sneaking in the back door until someone gets a flyer in the mail. The definition of a junkyard is 100 sq.feet, everyone has treasure and they like to keep it on their land. It is America, the land of the free and home of the brave. Uses not listed are prohibited,that's a little too much for him. Interpret, determine, resolve to their satisfaction, deem necessary, deem appropriate, may allow, and approve. He feels this draft code is too much for Kodiak to handle. Judy Kidder stated she appreciates the commission listening to everyone. Language is a very important thing. The biggest problem she has is what's throughout this code is everything that is not allowed is forbidden. Where this phrase came from and relates to is the U.S. Constitution; Everything which is not forbidden is allowed. It's a constitutional principle of English law which is the basis of United States law, an essential freedom of the ordinary citizen.The converse principle, everything which is not allowed is forbidden applies to public authorities whose actions are limited to the powers explicitly granted them by law; that means interpretation should be as written, your job is to interpret the law as written, not as interpreted. You could interpret that you don't like Brussel Sprouts but because it's not allowed, it's prohibited,just because one person doesn't like something basically because it's not written as being allowed it's off the table. Exact language and wording is important. You find it all the time with the Supreme Court; they go by specific, exact language in the interpretation of the exact language.All of what you need to apply interpretation to should run through a flow chart of yeses and noes, does it fit this application yes or no and that should determine how you interpret it but the interpretation is to be based on exact wording, not fuzzy logic. The basis is the 9'h Amendment of the United States of America, the enumeration or listing in the constitution of certain rights shall not be construed to deny or disparage others retained by the people. It has its basis when the frame is worth considering all these things. The federalists support a ratification of the constitution without a Bill of Rights originally because they believed any enumeration of fundamental liberties was unnecessary and dangerous. That's basically a listing of what you're allowed to do versus a listing of what you're not allowed to do is dangerous because if you say what is allowed then basically everything else is not allowed.That is what is dangerous, that is why you should list what is not allowed and everything else is allowed. The federalists were also concerned that any constitutional enumeration of liberties might imply that other rights not enumerated by the constitution would be surrendered to the government, and this code has been written exactly like that. A Bill of Rights they feared would quickly become the exclusive means by which the American people could secure their freedom and save off tyranny, that's why they didn't want the Bill of Rights. We now have the Bill of Rights and those are the guarantees of the rights to the people, Kodiak we the people. Federalist James Madison argued that any attempt to enumerate fundamental liberties would be incomplete and might imperil other freedoms not listed. A positive declaration of some essential rights could not be obtained in the requisite latitude. Madison said if an enumeration or a list be made of all of our rights will it not be implied that everything omitted is given to the general government. So what you are saying in this code is if it's not listed everything is prohibited so you aren't allowing us anything. Anti-federalists argue that if there was a genuine risk that naming certain liberties would imperil others then an additional constitutional amendment should be drafted to offer protection for all liberties not mentioned in the Bill of Rights. Such an amendment the anti-federalists argued would protect those liberties that might fall through the cracks of written constitutional provisions; this idea became the 9n'Amendment. It was plausible Madison believed that the enumeration of particular rights might disparage other rights that were not enumerated.The exceptions to power here or elsewhere in the constitution made in favor of particular rights shall not be so construed as to diminish the just importance of other rights retained by the people or as to enlarge the powers delegated by the constitution but either as actual limitations on powers or as merely inserted for greater caution. She said you cannot legislate or something might happen and you need to give it something defined. Ginny Shank stated in 1966 her and her husband bought their property on Woodland Drive, started building their home in 1980, and moved in in 1982. She wants this neighborhood to retain the rural 1/12/2015 P&Z Minutes Page 7 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 130 of 165 AGENDA ITEM W.A.1. environment for which it was originally intended with as many trees as possible. We don't want our neighborhood to look like Woodland Acres with no trees.We don't want the population density to increase. In a borough memo it stated that as many as 100 potential additional building sites could be added with people owning 1 acre lots subdividing into'/z acre lots. The population density would also increase if people owning 1 acre or if allowed to subdivide to %acre were allowed to have an accessory dwelling unit to rent out on their property.We don't want increased traffic on Woodland Drive. We want to keep the 1 acre lots as they are now and not chop up the area. Apparently, some people think there is a reasonably priced property shortage for building. It may have been at one time but not now. Shank doesn't believe it's her responsibility to provide more lots. Why doesn't the borough sell off some of the borough land? She understands if property owners in the area want to subdivide their lots in order to sell them or rent out an accessory dwelling to help meet expenses however,when these property owners bought their property they must have been aware of the zoning restrictions. Why should the rest of us have to lose what we have because of their needs? Petitions have been turned in to the Community Development Department from both sides of the issues. There are fifty-nine lots involved on Woodland Drive, a small part of Sunset Drive, and Seabreeze Circle.The petition in favor of the rezone and ADU's represents eleven lots out of fifty-nine so that equals 19%of the lots that were for changing the zoning.The petition against RR1 and ADU's represents nineteen lots out of fifty-nine equaling 32%. These numbers gives you an idea of what the neighborhood wants. Ron Kavanaugh stated the legacy is this bureaucracy that we are going to be left with. We don't have more money for stuff.All this stuff in the draft codes that you are coming up with, how do you think they are going to pay for it, how do you think they are going to pay for these new trucks. It's by the stuff that's not being enforced, it's on the code maybe but it's not being enforced. It's like we have 2 dog catchers now, how do they justify their job, they catch more dogs. If you look at these 100+ pages, it should be a half dozen pages. He doesn't have anything constructive to say about the draft codes except it needs to be streamlined so that a twelve year old can understand it. He shouldn't have to go to the borough office to have them explain to him what their interpretation is; he should be able to understand what he can do on his property. He has hoophouses that are illegal because they're over 36" high.You need to start over Athenia Large stated she also had issues with the hoophouse section and she couldn't find in the code where it said what they are allowed to do and how they can sell the products. The number of chickens you can have is limited which makes it hard for people to have a small business here. Another issue is home based businesses can only be in operation from 7 a.m. to 9 p.m. so she can't give someone a massage in her house regardless of how quiet she's being after 9 p.m., and she feels that limits her as a property owner and a small business owner. It mentioned that any kind of home based business that interferes beyond the property line with lights,fumes, or anything is not allowed. It just feels like it's getting harder and harder for a young person to start a small business and grow it into something. If you want to have your home over 1000 sq.feet be used for a home based business there's something like 40,000 sq. foot of building space is required if you need more than 1000 sq. feet. The codes seem to be written for a big city, and she values Kodiak still being a small town, and that mom and pop shops are still encouraged here but these codes as written make it very challenging. She encouraged the commission to try to remember what it's like to be a young person starting out wanting to make something of themselves in this town without being bogged down by unrealistic and confusing codes. She also thinks if it's on your property, if it is your business then you should be able to have the hours of operation that you want, you should be able to have the materials on your land that you want even if those materials are fishing materials. If it's your property you shouldn't have to put up a fence or wall to hide what's on your property. As property owner's we should have the right to keep what we want on our property and to do what we want on our property regardless of hours of operation. She also believes the noise ordinance goes until 10 p.m. and if that's the case she doesn't know why home based business should be required to shut their doors at 9 p.m. if as a community we are still allowed to be loud until 10 p.m. As property owner's and people running businesses from our homes we should have the right to do what we want and keep it open until 10 or 11 p.m. if we aren't bothering our neighbors or community. 1/12/2015 P&Z Minutes Page 8 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 131 of 165 AGENDA ITEM W.A.1. Patrick Adams stated he's taken over properties that may have been run down but he fixed them up. To this day people are still living in them and they look a lot better than when he first acquired them. He is on the same type property now but it's a little bigger which it came with a lot of old Quonset huts, buildings, fishing gear, and stuff that's buried. He loves Kodiak and doesn't like seeing this crunch of his freedoms. He has a lot of things to do on his property and he has great plans but first he has to get permits because if code enforcement comes to his house he'll be in trouble. That costs money. He works 3 jobs. He's an honest citizen and tries to do things the right way, he tries to get the permits that he needs, and he takes all his garbage to the dump. You really need to take an open ear to the people here; there are probably 500 people in the hallway right now. If we took a vote right now with the people in this room the nayes would have it. Let's go through the existing code to see what we can fix up, make the definitions easier, and let's not cram something down our throats that is just going to make the people in Kodiak angry. People like me have worked really hard to get where we're at but we may have to roll up and leave then you will lose the tax base. He has collected a lot of construction debris that he will use and he's trying keep in neat piles to keep the yard from being unsightly from the front. He sees yards that are full of stuff be he doesn't pay the taxes on that property. This is a fishing community and we are a simple people. If we wanted to live in Seattle we would live in Seattle. If we wanted to live in California we would live in California. This is Kodiak. He appreciates the commission's work but he just wants them to have an open mind on this and really think before any decisions are made. Mark Lovinson stated the reason we're all here tonight is if you impose this new code, he realized he would be a code breaker and he'd have to pay extra money and come under code to fix it. He thinks everyone here is in the same position. If this goes through that code enforcement truck will pull up your driveway to tell you what you need to fix. It's a hardship for people barely making it and those people would have to sell their property for taxes or you would force them out of town. That's why everyone is here because everyone would be a code breaker if this goes through,we'd all be criminals. He thinks the commission should scrap the whole thing and not put so many burdens on the people making them criminals. The commissioners would probably be code breakers too. We don't want to be criminals; we want to comply with the law. He thanked the commission. Matt Corriere stated he's only addressing 1 part tonight but it does not in any way mean he's in favor of the rest of it. He should have paid more attention to the workings of the small island community's government however; he assumed like most people here that his friends and neighbors, people on the board, and the borough offices would have him and his community's best interest at heart. He will not make that mistake again. Correire said this is a true definition of government, a group of individuals in a geographical area who remain the monopolistic, moral, and legal right to initiate force. This document is nothing more than an initiation of force from an overreaching government. The first line in the draft codes speaks volumes and is nothing short of an Aurelian statement; Uses not listed are prohibited, this may be in the existing code but he's never seen it. That's not the way laws are written, laws are reactionary not open ended and ambiguous. If for no other reason than this one line the entire draft code should be thrown out and all work on it stopped immediately. It doesn't matter how much money has already been spent, passing it will have far reaching detrimental consequences for our community. The urge to save humanity is almost always a false face for the urge to rule it.On the crux of what he wants to speak about tonight is Section 17.40.70, Performance Guarantees-Corriere has read Title 17 from front to back several times and he has many issues with it. However,this particular part is very troubling to him and his small contracting business. This section consists of an intent paragraph as well as 7 paragraphs that explain the intent. What he gathered from it is that it doesn't make clear when, where, and to whom these performance guarantees will apply and to whom or by whom. It looks like it would be left up to the discretion of the officials in the Community Development Department. This could easily lead to problems with personality conflicts or parts being applied to one project and not another. It's also asking a person to finance their project to 230% unless the borough is willing to work as a bank and hand out the payments to the vendors and suppliers from this bond. He can tell you that construction projects are a real stretch for most people and this would make any project impossible for nearly everyone. This action would force every small contractor to close 1/1 212 01 5 P&Z Minutes Page 9 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 132 of 165 AGENDA ITEM W.A.1. their business, only the largest companies would be left, and the prices would rise even more. It's unworkable and completely unnecessary; you are trying to fix a problem that doesn't exist with a bigger problem. Building here is already very expensive and very challenging. In Section 5 it states "The borough finance department shall return any remaining funds to the applicant, the borough may retain up to 10% of the performance guarantee to cover administrative and consulting costs directly associated with reviewing and inspecting any improvements." If you cannot cover the cost of running this code with the property taxes and fees then the cost is too high. Property taxes increase every year with made up inflated property values', asking for more from us is not only unfair, it's unconstitutional and he will not stand for it. Corriere owns 6 real properties in Kodiak and he pays an incredible amount of money in property taxes to the borough.As well as being taxed on his business, his business provides good paying jobs for several people with families and provides a needed service to our community to keep the properties that you tax in good condition. He trusted that he would be represented by his local government but he can clearly see that's not the case. He will not make that mistake again. He'll fight this code change with every means available to him.This code change is a complete overreach of our local government and is a direct attack on all the property owners of Kodiak Island, and we are being made to prove that we will do no harm when doing harm is not the intention of most people. Monique Lewis stated her observations still have been that the existing code and the revisions seem to be surprising to her as an Alaskan. She wouldn't have expected things, like the inspector to be able to come onto someone's property at a time that they see as reasonable, she wouldn't expect to see that code in any city in Alaska much less on Kodiak Island. We were attracted to Kodiak because we thought it would be a little different than any place that we had ever lived. That seems like it's a 4'h Amendment issue. She understands that it's in the existing code as opposed to a new addition, so like so many other people have said she thinks we need to be looking at revising the verbage because she's sure the intent is not to trample on anyone's constitutional rights. We need to look at rewording some of the old code as opposed to spending a lot of time and effort in reinventing the wheel or adding things that don't need to be added. Another issue is language like reasonable and opinion, she doesn't see that opinion has any place in a legal document and she has seen opinion written a lot. It's the opinion of the inspector or it's the opinion of the department, she's never seen a code that has the word opinion or this department deems reasonable as many times as she's seen it in this one. That is a simple verbage change that can be made. Some simple things with the procedure like what does voting really mean, when you say we are going to go through it line by line if necessary particularly with Title 17 and vote, does that mean the people in the Chambers will vote or does that mean that the commission will be going to listen to comments and then you'll go back in a room and huddle and vote. Other things like some comments she just heard as far as if this passes 90% of us are going to be law breakers. She just bought a house that has out buildings that definitely aren't up to code so if this passes she will be a law breaker. Are there any provisions for grandfathering? She has a septic system that's 20 years old and she doesn't think ADEC existed when it was installed. It was installed based on the current standards but is there a grandfather provision. There needs to be clarification on those types of things. Ben Ardinger stated he feels the only fair way to decide this matter is to have the people of this community vote on it. He doesn't mean a special election where it's going to cost money but to have it at the November elections and keep it simple. Stephany Wiscowski stated she's a B&B owner and she's seen several things that are very concerning. She contacted the Visitor's Bureau to find out how many B&B's are currently in Kodiak and it came to her attention after contacting them that more than half of those B&B's have more than 2 rooms. She's baffled to see that in the code as a change for a variety of reasons. First, she has 4 rooms in her B&B and she's worked hard to build her business. She sees a very strong give and take between the business that she's able to provide to the community in respect to attracting business travelers to the area who are seeking alternatives to hotels, in the way of tourism travelers that come in the summer and also in the way of sports organizations that come for track& field, swimming meets, and wrestling meets that are looking to house a group of players in 1 1/1212015 P&Z Minutes Page 10 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 133 of 165 AGENDA ITEM W.A.1. location so they can keep an eye on the kids. Those larger B&B's and vacation rentals allow us to assist in keeping the larger groups together in a space they can all reside in. Additionally, the tax benefits that are seen by the community and by way of the benefits we provide if she would resell her business with being grandfathered in with her 4 bedrooms she would be at a negative because she wouldn't be able to offer to someone coming in to use all 4 of those bedrooms to run the business as she has. There's also a huge need in the summer and different times of the year where there is not enough rooms in the hotels, vacation rentals, or B&B's which is another reason that this would be a huge hit to the B&B owners and tourism in general. When she was reviewing Title 17 tonight she noticed that there was a change that there could be no vacation rentals in R1 and some of us may see that as a blow to us immediately but she thinks with the growing age of the people in Kodiak and the opportunity for people to go see their additional family in the lower 48 and continue to rent their properties to help their income in the future that this would just be a tremendous blow that people may not realize now but will in the future. Wiscowski is also a realtor and twice in the last few years she's had buyers for properties where the sellers have had nonconforming, grandfathered property and in both instances these buyers were unable to purchase the homes because the lenders will no longer loan on a property that cannot be rebuilt if there's a fire or something like that and continue to maintain its same nonconforming status. It literally stopped and halted 2 purchases; 1 about 5 days before closing and she knows that property is still up for sale, She also knows there are many more properties that people are completely unaware of this being an issue which is why she sees it as such a concern in the code and creating further non-conforming, grandfathered property for the community. As we see more grandfathering we'll see more problems especially with zoning violations and other factors, and people being able to resell their properties to people using banks for that purpose instead of coming in with cash. Elijah Hiner stated he's twenty-two years old and wanted to speak for the youth. Hiner wants to start his own business and family in Kodiak. It seems real hard for him to do that with all these laws and also the laws that you want to start. He suggested sticking with the existing code and just change it to make it easier for the youth and the older people. When his grandfather came to Alaska he started off with 35 cents in his pocket, a canoe, and went crabbing. Over the years he has produced, then Hiner's father took over. It was easier for people to start fresh but it seems impossible to do now. With these rules it seems that Kodiak would depopulate Chiniak, Pasagshak, and people who live off the land. Someday he wants to own his own property out the road but it seems very hard for him to be able to do that. A lot of his friends have left Kodiak who wanted to stay but couldn't afford it because of the property taxes and down payments. If you want to succeed in life you have to work hard but it seems like for us to work hard it seems impossible for this document to go through. Racheal Whiddon stated her grandfather came to Kodiak in a Cadillac. She's a homeowner and wants to raise her kids in a community that takes care of each other. Some of the reasons she loves living here are the skiff they take to get halibut for dinner; what you may think is trash in our yard is tires that we've repurposed so we can try out a new way for potatoes, her children have sandboxes that her husband built, and she likes to walk off her back porch to collect chicken eggs in the morning without stepping off her porch because her husband built the chicken coop against the porch which she understands will no longer be legal. She went through and read the existing codes as well as the draft codes and even with a degree there are parts that she just doesn't understand still. She will be attending future meetings. She found 7 or 8 things that will make her a law breaker if this goes through. They are very simple things that should not be making her break the law. She has eighteen chickens and her 3 year old son is much louder than her chickens are. Chickens don't always lay eggs everyday so restricting it to twelve chickens is ridiculous. Hoophouses, we have lids her husband created that flip open and they catch sunlight in the summer, and they won't be allowed anymore because of the height requirements, it's a corner lot violation. She didn't see if it's in the existing codes. There has been a lot of issues with bears and trash. She was reading through the electrical fences section and she has concerns with that also. As she sees it you aren't allowed to use electrical fences for anything other than to keep your livestock or poultry safe.The restriction to 6 animals is too small a limit and she thinks that includes 1/12/2015 P&Z Minutes Page 11 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 134 of 165 AGENDA ITEM W.A.1. cats and dogs.There's a lot of things in this draft code that she finds too restrictive to the nature of Kodiak,to the community feeling, to what makes us so wonderful that we can garden and give it to our parents and family,that we can work on our crab pots in our own yard,that we are able to take care of these. She appreciates the need for laws because there will always be that neighbor that takes it too far,too late at night and she understands we have to come up with codes that we can all live with to make it safe and neighborly. Again, her son makes much more noise than most equipment that she knows of. Unless we're going to ban all children from the island there's a lot of noise restrictions we need to look into and a lot we need to look at with livestock and regulations on heights. She is finding too many restrictive rules for the nature of Kodiak. She drove around Kodiak looking at properties and as far as she can tell you will not meet these new regulations and codes. On every property she could find a violation going through line item by line item. She is college educated and working on another degree, she's a manager of 2 coffee shops, and she works very hard and had a very hard time understanding these draft codes. The language is very difficult and it's too restrictive. She wants to live and grow old here but her and her family will be out of here if you take away all these rights from us.We want to garden and have chickens to bring the cost of living down so they can afford to stay here. She encouraged the commission to look over everything and take those things out that make it so difficult on us. Jim Rippey stated he's lived here since 1967. He worked with contractors on the base and was able to save enough money to buy a lot in Bells Flats. He lived in a 12x20 sq.foot shed for 3 years while building his house. As young adults it was cheap enough we didn't have any restrictions on how you can make your life better to get to where he is today.Today he owns 3 pieces of property, invested in his community. At this point in time he's paying 16% of his income on property tax. In 1990 we redone the code and we had a Community Development Department manager who sat in her office for 2 years writing the codes and when it came out it's the code we have now. When it came out Rippey wasn't pleased with it because it was so vague and put too many stipulations on everybody across the board. What it did more than anything was it created„ instead of neighbor dealing with neighbor issues, once the code went out it gave the public an avenue to go complain about your neighbor that you didn't have to engage with your neighbor, The borough government became that cop. Animosity grew from everyone. Everyone here tonight and everyone who owns property here, we are the employer. Our borough government is our employee. We should be telling them what to do and they shouldn't be dictating everything we're doing here. He has issue with that. We really need to look hard and close to that. Rippey's daughter just moved away because she couldn't make it here because of the cost of living. Our youth don't stand a chance. Rippey stated what we should also look at is the fuel surcharge that hasn't went down with our freight companies, we're getting killed here. Another issue is our bond indebtedness is getting ready to hit the ceiling once the high school bond comes on board.The borough keeps saying the feds and state are going to take care of our land dump but somehow he thinks the tax payers are going to end up taking that on board. If he has to go more than 16% of his income for property tax he can't afford to live here anymore and no one else can either.We really need to look at that. We need to scrap the draft codes and tighten up the vague language in the existing code. If you own property, it's your property.We all have a homeowner's association, it's called property taxes so do what you want on your own property, be a good neighbor, and make it work for everyone. Don't complain, go talk to them. He thanked the commission. Frank Bishop stated if this code goes through he won't be able to sell has home because it doesn't conform to the new code. Is that going to say that everyone in the Aleutian homes that's under that old HUD Housing because their foundations are on pilings are not in compliance too. He knows you are thinking about the cost of having the consultants who wrote the draft codes, it's way by far less costly to scrap the whole thing and go back to the existing codes and change what needs to be changed to fit our community than to fight with the community over what's going to happen because it's going to be a fight. He doesn't have the time to talk about all the things he sees in this code that he's appalled at. There are a lot of people in this room that are his age,,and most of us went off to war to fight for what we are standing here trying to tell you about. You are taking away our freedoms that we dearly like and he doesn't think the borough has the right and never will have that right. He will do everything he can to fight it,whatever it takes. 1/12/2015 P&Z Minutes Page 12 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 135 of 165 AGENDA ITEM W.A.1. Judy Hamilton stated she seconds a lot of what was said already. It's terribly complicated, confusing, overreaching, and she would like to see it scrapped. She does not believe the borough should be limiting any resident's ability to grow their own food,whether it's poultry, hoophouses, or anything. It's a basic right and we should all be free to do that as we see fit. The proposed definition of chickens and ducks as domesticated animals is ludicrous and it's confusing.Why you would include chickens and ducks with dogs, cats, and rodents, she has no idea. She can't imagine the basis for this determination but she supposed there are some people who consider their chickens and ducks to be their pets. For her, a pet is something she doesn't intend to eat. That should come out of this document. To limit residents to some number of poultry, and this number is also confusing; she's seen 5, 10, 12, and 12 seems to be the upper limit. You are limiting resident's abilities to produce their own food. Arguably twelve chickens can provide some food for a household but who on the commission or the borough can determine her needs. Who's going to choose how much she needs to feed her family. She has a small family but they require several times more than that number on an annual basis to provide adequate eggs and meat for our needs so to pull an arbitrary number like twelve is unnecessary. She imagines the reason for that is to minimize some negative impact on a neighbor. She's never had an interaction with a neighbor that didn't end in a mutually beneficial and understanding relationship which she thinks that happens a lot. There may be cases where that doesn't happen and perhaps the borough needs to be involved in some kind of conflict resolution but don't limit these very basic rights. The wholesale prohibition of roosters also makes no sense whatsoever. Roosters are an essential part of the picture for some of us who take self-sufficiency very seriously; they are an essential part of how she produces their food. She would rather hatch her own chicks on her own property from her own birds than to subject them to the stress of the postal service. She thinks that should be her right as well. The borough already has a noise ordinance so enforce it. If a responsible resident of this community can keep their rooster quiet and not impact the neighbors inside of those quiet hours then there is no problem. She would bet far more people in this community are negatively impacted by their neighbor's dog than by any number of roosters. Thankfully no one is proposing we eliminate them. She's against the restrictions and sees them as unnecessary. As a resident of Woodland Drive she proposes change from RR to RR1. She respects the rights of her neighbors to develop their property as they see fit. She also respects those neighbors who have fought hard to win that designation in the first place, and who bought their property because of the way the regulations were written at that time that would preserve the character of that neighborhood. She pinches herself every day to get to live there. She loves Kodiak and appreciates the work the commission is doing, but do this differently. Jennifer Webster(caller) stated what she's heard most of the night and what she's read in the draft codes is that it sounds like this code wasn't actually written by people who understand and know what it's like to be a resident of Kodiak. The consultants from outside can't truly understand what it's like to be a member of the community here. She lives in Kodiak for a reason; she chose to live here because she values the freedoms that it affords. She lives in Bells Flats because she appreciates the freedoms and she appreciates the honest, compassionate, and reasonable people who live in Kodiak.This code is written for a place much larger than Kodiak. If she wanted to live in Seattle she would move there. She's been proud to be a part of this community for the last 10 years and she would like to continue to do so without limitations on her ability to live the way that she does.We've heard tonight from a lot of people who have said they worked in the past to be a part of making this code in the past revisions update, they are all members of this community. It is evident tonight we have more than enough brain power and commitment that the people who live, work, and play in Kodiak can actually come together and write a better code than the one in front of us. Every person who spoke tonight has a different issue with this code; animals, noise, small businesses, B&B's, you name it. It doesn't seem to be one aspect of this draft code that's worth keeping. Not to mention the constitutional issues that is front and foremost. She suggested another meeting be scheduled where everyone can attend without having to stand in the hall, and let's re- look at the old code line by line if necessary. Forget about the money that was spent, it's water under the bridge so look at it with a Kodiak perspective given this unique community we have. Let's do it the Kodiak way,together. 1/12/2015 P&Z Minutes Page 13 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 136 of 165 AGENDA ITEM W.A.1. Terri Storch stated she feels the borough is trying the best they can and sometimes we just have to get help from other people. Sylvia Kavanaugh stated she recently purchased her first property. It's a business lot with an existing building; a horse boarding facility with a conditional use permit. She tried reading through the draft codes but couldn't figure out how it affected her or her business so she went to the borough office to ask how she would be affected and where she fits into the big picture. She was very unsatisfied when there wasn't any clear response to her pretty direct questions. After going to the only available resource,the borough, she still doesn't understand how the code affects her and what it will mean to her future plans. This new code doesn't make it any clearer and creates more grey area that will be open to interpretation. Ron Painter stated he's here to talk about a specific issue but it seems trivial when the larger scene today has been about freedom and specifically freedom of our personally owned property. If we take anything away tonight that's the main theme going on here and that along with the even handed enforcement of whatever code we end up with that it's not subjective but that it's objective, defined clearly and precisely to where all of us can read and understand it, and that the code itself was put together in each section where everything that applies to that section is clearly stated in that section so you don't have to go back and forth to another section, another book, another chapter. You wouldn't even know to go there to find out the full understanding of that code.Twenty years ago there was an issue with a little 10x12 sq. foot shed; three adjoining neighbors had sheds, like he wanted to build, right up against the property line on the back corner. He went to the borough and told them he wanted to build a shed right beside everyone else's but he was told he couldn't because he had to build it back 5 feet on each side. Painter told them it will look crazy because his neighbor's sheds were right up against the fence. That was his first dealing with the borough.When he first came here forty-seven years ago he lived in Cy's horse barn and thank god it wasn't a code that he couldn't live in a horse barn. Painter is in favor of the code change on Woodland Drive from RR to RR1. Our current code is RR and we don't even meet the definition of what we are there. Rural Residential says you if you have water and sewer you can subdivide down to 20,000. We don't even meet that now. Right now he if you have 1 or 2 acres you can't subdivide down to what the code says. They are trying to make this limited code for this little section.The original designation there was RR1 and the people who originally bought there; even though they bought 1 acre lots they understood and knew it was RR1.There are discrepancies and he finds it disheartening that if he has to deceive you to make you believe or side with him it's just not right. It says 2 or 3 property owners out of sixty parcels will benefit but then a little further down it says it will put massive amounts of traffic on the road, so only 1 or 2 will benefit. How is that going to put massive people on the road? Give one or the other, not both. It says it will significantly change the neighborhood, again if it's only going to affect 2 or 3 people how is that going to significantly change the character of the neighborhood. Painter doesn't understand some of their logic or reasoning in the draft for not changing it back to what it originally was. Earlier tonight someone said there could be one hundred additional new lots,there are only sixty lots there and at the most there will only be sixty more lots. He hopes the commission will consider changing it back to what is originally was which is RR1. Kate Ballenger (caller) stated she's a forty-seven year resident in Kodiak. She thanked the individuals who sent out the information notifying all of us of what was going on. It sounds like the consensus is we have to abolish this before it gets started so she is also against all the revisions. Sara Dunn (caller) stated she's a twenty-six year resident_ As a property owner it is clear this needs to go away. When she came to the borough to get a copy of the draft codes the first office she went to wanted to charge her for this document. She just didn't want to help Dunn. After refusing to quit she went to another office and thankfully was helped which she appreciated and was handed a whole code packet. When she asked if she needed to pay for it she was given the best answer that anyone in that building has ever been given;she was told that she was a property owner so she already paid for that packet. She's encouraged by the attendance tonight and foresees this happening at the rest of the meetings until this code is stricken down. She believes it was outsourced and outsourcing is one of the many things that is killing our country Kodiak's 1/1212015 P&Z Minutes Page 14 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 137 of 165 AGENDA ITEM W.A.1. population may not be on the decline but growth has stopped. Back when sales tax was increased against most people's will some people had to move away.They were very clear about that when it was being talked about and voted on. Things are too expensive here and this is an overbearing outreach for more money and more power, and it's not necessary.The borough and citizens do not need this; it will do more harm than any good. The wording is too ambiguous, it's a money and power grab. She's very happy that Kodiak has shown up. Mel Stephens urged the commission to make a motion to table indefinitely, get rid of it in that manner because this needs to go. Do not try to correct something in this to make it a little better, this can't be made satisfactory. It is markedly worse than our current code and it's harmful to the Kodiak community. He's practiced law in Kodiak for over thirty-five years and he's familiar with the existing code as far as zoning and land use goes, and he can tell you those titles are not perfect but they have no defects or short comings which cannot be addressed by the usual process of from time to time bringing forth limited carefully focused amendments which address concrete problems and difficulties which have actually arisen or needs which people actually feel. The problem with what you are doing is we've got over two-hundred pages of stuff in front of us, there are who knows five-hundred different issues.There's no focus to your meetings when you try to do something like that. If you use your existing code and based upon an actual showing of need, you talk about a half dozen provisions in it, then it will be focused, and then if you want to talk about Woodland Drive and how that should be rezoned, fine. You'll have some people come forward and say this is why I feel this way and other people will say the opposite quite possibly but the process will be much better. Without any changes our current code is far superior to this. You don't, in a community like Kodiak, go and revise your code because it's old. Codes aren't like sandpaper,they don't wear out just with a period of time. If you've had explosive growth in population and industry then maybe you consider it. You consider something like this in Matsu. In 1990 to 2010 Matsu grew by over 51,000 people, a 130% increase in population. Kodiak lost one hundred sixty-nine people during the same period of time.We shouldn't have ever started a code revision process like this. It couldn't have been justified. This is a big deal. Listen to these people who have come out. He's been here thirty-five years and has never seen anything like it, listen to them. Art Zimmer (caller) stated he stood in the hall tonight along with about two-hundred other people. He has a fair feeling of the sentiment. Some of the individual issues raised grow out concern in this code but behind the whole thing is the UN Agenda 21 which was mentioned. Kodiak is a member of the ICLEI (International Council on Local Environmental Initiatives) that is a United Nations sponsored group which designs and writes policies for your area on the land use, energy goals, and measurement and water usage. It is a paid consultant and receives dues from your taxes. ICLEI was formed at the United Nations and one-hundred-seventy-eight other nations met at the United Nations Real Earth Summit in 1992 and agreed to use certain principles as guidelines. Those guidelines include major reductions in energy and water usage and huge increases in the number of living units in city centers, this is called UN Agenda 21 Sustainable Development. In 1993 President Clinton formed the President's Council on Sustainable Development and gave a multi-million dollar grant to the American Planning Association to write "Growing Smart-A Legislative Guidebook" to bring UN Agenda 21 to the United States. Smart growth was the result. Multi-story condos and apartments over small retail with little parking crammed into your town center. The reason for this style of construction is that UN General Maurice Strong said "the affluence of Americans is a threat to the planet." Single family homes are a threat across the nation in large cities and small towns like this one. Identical programs are being rolled out, land use restrictions, ordinances reducing energy usage, smart meters, school programs, and candidate trainings are designed and implemented without your vote. You may be invited to city visioning meetings but the outcome is decided before you enter the room. Using ICLEI greenhouse gas emissions (inaudible) your local government is in the process of controlling where and how you live, what you eat, what your children learn, and what laws you will live under with a cover of "environmental concern." Your personal rights are being restricted. Soon you will lose the right to travel freely without being asked for your ID, lose the right to water your garden, lose the right to refuse a smart meter, lose the right to live in a rural area, lose the right to drive a private vehicle, under the guise of"this is the underlying principle of this whole code, Sustainable Development, 1/12/2015 P&Z Minutes Page 15 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 138 of 165 AGENDA ITEM W.A.1. your property and civil rights are being systematically eliminated." Zimmer feels this is the background reason for all of this code that's being pushed upon us, and we don't need it. In 2013 Fairbanks voted unanimously to reject UN Agenda 21 and Kodiak should too. He thanked the commission. Andi Cronn stated she's excited about the fact that everything that she wanted to say has already been said. She is against the draft code in its entirety. She appreciates all the hard work that our public servants and borough assembly do on behalf of this island. She doesn't doubt that this started out as a good idea. She attended one of the meetings a couple of years ago when it was gone over line by line and she was assured that it would be made OK and that the rural designation wouldn't be changed and not hamper anyone's subsistence rights, don't worry they said. It seems this version of the code has snowballed out of control with too much input from outside sources and those people don't even have a stake in the community. She doesn't believe it can be salvaged and we need to go back to the drawing board and present the new regulations in manageable chunks.We need to debate each piece of the code individually until the majority of the town agrees. We have to live under these laws and we should have the right to agree to them. When something is outdated the responsible thing to do is make some minor adjustments, so minor adjustments could be made to the existing code. This is too much regulation and it's happening all at once. Scrap it all, keep the existing code, and go back to the drawing board. It will take a long time to pass the code in smaller chunks and even longer for all of us to agree but she will wait as long as it takes to ensure her property rights and those of her neighbors are protected. As far as the money is concerned, it's her money too because she's been paying taxes in Kodiak for twelve years now. She does not want any more money spent on this project. No,don't pass it. VICE CHAIR SCHMITT called a five minute recess. VICE CHAIR SCHMITT reconvened the meeting. Oliver Holm stated he's been a Kodiak resident for over fifty years and he was a member of the Project Advisory Committee. The committee spent a couple of years on this and he believes if the residents hadn't been involved it would have been a lot more restrictive especially considering where the consultants came from. The current version of the draft code definitely has a lot of differences from the draft that came from the committee. Restrictions on poultry keeps coming back. Staff or whoever was writing it kept putting these restrictions on roosters and poultry.When it would go out to the public concerned citizens would come to the meetings and then staff would remove it but he sees most of it is back again restricting roosters and poultry. Other things in Title 17 like the home based businesses, home occupations for commercial fisherman-he sees staff recommendation is to change that to move it into a home based business which has a bunch of different restrictions than the home occupation. If there wasn't any change suddenly any commercial fisherman that had a lot less than 20,000 sq. feet would appear to no longer comply because he'd have to comply under the home based business rules which requires a 20,000 sq. foot lot or bigger.We talked about fencing the smaller lots for home occupation, commercial fishing for screening and that was somewhat reasonable. If a lot is under 20,000 sq. feet he had argued that if there was existing screening from trees and natural vegetation it doesn't make sense to have to cut them down to put in a fence, but that's not in there anymore. If you have to put in a fence it would be a major expense. He's also concerned by other small businesses in the community that are run out of people's houses and lots all over town. We rely on a lot of these people, there's a lawyer who works out of her home and there's retired Coast Guardsman that works on outboards not too far away and that's not a problem. It just seems that a lot of us don't have government jobs and we have to make do with what we can scrounge up. In reading the code he rapidly realized even without a ten foot tape measure that he was living in a junk yard and was going to get fined. If you change the home occupation status of commercial fishing as a (inaudible) the lot we bought above our lot for future use for his son who is also a commercial fisherman it's only 10,000 sq.feet. If you change the rules like staff wanted to make it home based business you have to have a 20,000 sq. foot lot so he couldn't ever store any fishing gear there. There are people with home based businesses that have been there with lots less than 20,000 sq. feet and Holm doesn't want to see them go out of business. There's so much detail and restrictions in the code. Maybe it was a 1/12/2015 P&Z Minutes Page 16 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 139 of 165 AGENDA ITEM W.A.1. mistake to pass the fines first because people realized right away that this was going to turn the community upside down. Bill Fida stated he decided to build his own house. Under this Title 17 he'd have to put up 130% value of the project and there's no way he would have been able to lay the first 2x4 nor anyone else who wants to have a future and build their own home. Mr. Chair, you authoratively said you are going to vote on Title 18 at the next session. He respectively requested that you do not make a vote on that because this needs to go away. Greg Egle stated he's a thirty year resident and he knows every community needs rules to keep us safe but these draft codes seems really vague and it's kind of scary to him. He'd rather have it spelled out. He doesn't agree with this document because it's flawed and divisive to the community. He thinks it should be tossed out and go back to create a citizen's advisory committee to go over the existing code and approach things as they come up item by item,not come up with a big picture that's just too much. Dennis Symmons stated the commission is not the enemy, they are volunteers whether we agree with them or not. Like our service districts,they are volunteers of the community. A lot of what is in this proposal undermines this very commission.Their jobs and anyone else sitting in those seats is in serious jeopardy.There's a scripture that talks about a sour apple,well,there's a whole bunch of soured apples in this barrel. One of the darkest hours that management and Community Development Department is experiencing is this. We are going through some pretty troubled times here. Obviously he doesn't have to point out how big of a deal this is. He sincerely commended the Community Development Department and the management under the borough roof for successfully succeeding in doing something that a handful of us have tried to do for years and that's bring people into the trenches. He thanked the public for showing up. Laurel Earl (caller) stated she owns property on Anton Larsen Island. A few years ago she submitted an application to subdivide on the island. It took about 6 months to be approved. (Inaudible). The commission relies heavily on staff recommendation (inaudible) which makes their decision difficult. (inaudible) She couldn't read through the whole draft Title 17, it's very confusing and difficult to read. She doesn't understand what she's reading. She has to(inaudible)to address her application issue(inaudible) it's even more confusing to her. She has to ask the director, staff, and the borough, and we talked over the regulations and they would tell me their interpretation which would be different from one staff member or the director's. The revised code gives the director and staff the power and control over her application_ The code itself should clearly state the validity of her application request. The code should be written in a manner that's clear to her that her question is yes or no(inaudible). It shouldn't be based on the(inaudible) interpretation. Not to mention the code enforcement and the power and control this code will impose on a property owner. It violates her civil rights, freedom, and property rights. She implores the commission to dump this code revision and work with the existing code. (Inaudible) Remote property owners are not ready for this revision. (Inaudible) It's necessary for property owners to maintain their property which in turn increases the property values and the tax base. This code will impose a burden on the community that will affect the borough future growth and development. Jeremiah Gardener stated it seems the one resounding notion is that it seems no one quite understands this draft code. It lacks a lot of transparency is the biggest problem. It's written in such a way that it's meant to bewilder and confuse, leaves so much of it open for general interpretations of government employees, and that there is no black and white with way too much gray area. For all of that is more than enough reason to vote no. He's against this draft code and he agrees with Mel Stephens when he said we should postpone this indefinitely until it can be figured out in such a way that it does work for everyone and is cut and dry, not open to interpretation. Gerald Anderson (caller) stated he's a fifty-four year resident to Kodiak. He owns property on Spruce Island and plans on making improvement to make it better. (Inaudible) It is scaring the heck out of him.You should listen to the voters and go with what they say. Rethink this. 1112/2015 P&Z Minutes page 17 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 140 of 165 AGENDA ITEM W.A.1. Mara Michalski(caller)thanked everyone for showing up. She was raised in Kodiak. She's going to grad school but she plans on coming back to Kodiak soon. She wants to return to the same spirit of the community that her family fights to keep alive. She's proud of her stepfather who builds our community beautifully and strong, and he has a lot at stake in the planning and zoning on Kodiak Island. She can't wait to come back to Kodiak and she hopes the borough doesn't do anything while she's away that will hurt her family or impede her future when she moves back. We all want Kodiak to grow and prosper and this code sounds like trouble in that regard. She appreciates the borough's willingness to listen to our community and she hopes there will be more meetings to be heard. Rick Baker stated his big concern is that he owns a 5 bedroom B&B in Pasagshak that he built. It was a righted use and has been there for fifteen years. Now they want to change the zone to where it would be a nonconforming use because they are going to change it to 2 rooms.There are about fifty B&B's. He personally has been in a battle with the borough about the existing code. Mel Stephens said it best when he said that code is not worn out, it's not sandpaper,not a fishing hook, or a sawblade, it just needs a little work. He's seen the dark side of borough staff but he still won. The community said wait a minute, this isn't right. All you have to do is give them a few more definitions so they don't make it up as they go. Get rid of the draft codes,you've dumped this much money before no problem, we won't lose that much. We could fix the code we have, it's not worn out. You just can't go around and change all the zoning. Nonconforming, he has hundreds of thousands of dollars invested in his property. Two words could make him sing soprano. What is going on here, it's just not right. Baker said to dump it, get rid of it now. Start over and he volunteers to help with it. When we were in those original groups everyone said to keep it simple. How many small businesses are on this island, everyone except Safeway and Wal-Mart, and that's it. We're all small businesses, make it easy, and don't cut us off at the knees. Think of the ramifications,the financial burden. Is this constitutional? Put it up for a vote and I bet everyone on the island will say dump it. Michelle St. Clair stated she agrees wholeheartedly with Mr. Baker. To have things changed after you've been living in a place for a period of time or having a business for a period of time it's unfair for just a few people who want those changes. She is a Seabreeze Circle resident and there are code revision changes being made to change her neighborhood from 1 acre lots to 20,000 sq.feet. She didn't move into this neighborhood for that, she moved in here for the low density. If there is an additional fifty + homes that could be an additional one-hundred people if there's at least 2 people per home which could also be an additional one-hundred cars on her street. She does not want that in her neighborhood,that's why she lives there. She appreciates the opportunity to speak her mind. She also appreciates all the public attending tonight. Get rid of it and move on. Sully Sutherland stated he's a tax payer and he's part owner of the Port Bailey Cannery. He can't imagine how he would deal with this with all the buildings out there. He doesn't think there's much that he can add to all the great comments he's heard here tonight. He's really proud to be a part of this community. Is there any way we can get a refund from the consultants that put this together? Will Nelson stated he's a Chiniak property owner and drives forty miles every morning to work and pay taxes. His whole family was born and raised here. His father moved here in 1969 and started with nothing but a duffle bag and ambition and he achieved the American dream by coming up in the fishing industry buying equipment to have his crane service. His parents had to sell their house and move to the lower 48 because of the property taxes and all the astronomical spending going on in the last 20 years. It's out of hand.There's a lot of Federal money that's been coming into the community like for the landfill project, and we've bit off more than we could chew and now we're stuck halfway through it. They want us to conform to the lower 48's zoning codes for earmark money but what we need is to stand up and say we aren't going to take this, this is what Kodiak is, this is how people have survived here forever and we're not going to stop now and live in condos. He has junk vehicles and woodsheds in his yard that probably doesn't fit the code. He's a single father and has a lot going on like many others in the community. He respects the commission's service and he hopes the commission will vote accordingly because this will affect each and every 1/12/2015 P&Z Minutes Page 18 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 141 of 165 AGENDA ITEM W.A.1. one of us. Nelson hopes he can raise his son in Kodiak where he can be a productive member of the community also. Sandy Pearson(caller)stated a lot of people addressed a lot of things that she finds bothersome in the new code but she hasn't heard anyone address this. The number that you are giving for the villages to call in is missing a digit. In the old code there are Comprehensive Plans that cover a lot of different sections of the island. They cover all the villages, all the villages have Comp Plans, Shuyak Island has a Comp Plan, and even Monashka Bay has a Comp Plan.The new code has 1 Comp Plan for the entire island which doesn't set.She thinks the new code should be scrapped. Mike Brechan (caller) stated he's already submitted comments to the Planning and Zoning Commission concerning the proposed changes to Pasagshak. His concerns about the Industrial property has some real problems and he thinks you are getting the general impression that most of us feel this whole plan should be scrapped and take one section at a time to make it work better. One comment that was made by someone about Clarence Selig and how difficult it was for Assembly members or Planning and Zoning Commission to stand up to staff and say wait a minute, and that's something we need to commend them for doing more of. It's a difficult time with this whole thing going on and he has to agree with Mel Stephens, you should table this indefinitely and make another approach to solve the problem. He's read it twice and what he hasn't seen is a revision to come out. When it does come out he hopes it's categorized by section so we can at least make a reasonable evaluation of what's likely to come out of it. He commends the public for having the time. It's really difficult in reading this comparing the old code, the new code, and the Comp Plans that were originally done back around 2000. There are some big discrepancies. He thanked the commission. Jascha Zbitnoff stated he counted one-hundred-sixty-four pages in Title 17, forty-three pages in Title 16, and forty-six pages in Title 18. In Title 17 there are 5,578 lines, Title 16 has 1,772 lines, and Title 18 has 1,886 lines of code to read.A total of 9,237 lines of code to read for all 3. He had an email from earlier this year when he requested some records, Contract 2011-02 was the contract for LSL, the first Change Order. The original contract was for $268,450, they asked for one change order for$5,200 for a total of$273,650 so far that the borough spent.There may have been additional change orders after that but he doesn't know. Zbitnoff has been here since the beginning of the process and went to the big meeting at the high school where everybody went into little groups; contractors were in one group, fishermen in another group. He went to probably a dozen work sessions with the commission and they went through line by line and it gets very difficult to read even when you're in those meeting. He agrees with everyone else, it's not what we need, we aren't Seattle, we are Kodiak. There are only 13,000 in Kodiak now and this town is dying. Regarding the price of the landfill, the community doesn't even realize what that's going to put on them.We're talking about over$42,000,000 that borough will spend,and everyone needs to think about that the next time your taxes go up. There is $60,000,000 to $80,000,000 in the high school right now not included. He owns a couple pieces of property and like Jim Rippey said, it's getting to the point where people are going to have to leave town due to the increase in property taxes. If we keep hindering the town people will leave. You can't keep putting more and more burden on the community members and expect them to keep paying. The one violation in here is $1000 per violation so if you have 13 chickens you get a$1000 violation for your chicken. How can someone pay$1000 for a chicken. The foreclosure list is going to keep getting bigger and are you just going to keep foreclosing and then start kicking people out of their homes because they can't pay their taxes and fees you are imposing on them. You need to table all 3 sections of this code. If these responses don't get put into the code you are going to have one heck of a fight on your hands because these people aren't going to give up their property rights. He guarantees if you come onto his property or anybody else's unasked about you better be careful. They aren't going to just stand by and let you come on there and start taking stuff. He thanked the commission. Linda Suydam (caller) stated the commission should just table this forever. The people of Kodiak don't want to hear anymore. 1/12/2015 P&Z Minutes Page 19 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 142 of 165 AGENDA ITEM W.A.1. Sid Pruitt stated he sat through a work session during the summer, and it's now the 3rd night of work he's taken off to be here. He spent about 3 days going through this trying to figure out what it meant and how it will affect him. If you pass it the way it is there's not anyone who's not going to be guilty of something. There are a lot of rules and we need as few rules as possible and don't make them unless they are really needed. He likes Mel Stephens idea of tabling indefinitely and take one issue at a time so you can figure out what affects you and what doesn't. He has 3 lots that are 2 acres each and if he wants to subdivide he feels he should be able to along with Woodland Drive. He remembers when all of that went through, they were all 1 acre lots, and then sewer and water went in, and then everyone went down to change it so they could subdivide it into 20,000 sq. foot lots. People want big lots and people want short lots. He likes his privacy so he bought the lots around him. Pruitt doesn't like that the borough enforcement can come onto your property and police what you're doing. He's had his small business for thirty-five years on his property and according to the code it's illegal. Someday he'll sell his property and someone else will need to do it and it will probably be someone like him in his position. There are noise restrictions_ When he started building his house there were no rules and he'd like his kids to be able to do something similar. Several young people stated that they would like to live in Kodiak but it's hard with all of these rules. It seems you can't do anything and you have to beg for permission. When you get permission you still have to comply with so many other things. Mr. Fida spoke about the bond and Pruitt still doesn't understand that if you build your own house you have to put up $50,000 to build your house. If that's true it's absolutely ridiculous. Pruitt would like to see these codes tabled indefinitely, take one issue at a time and then people can address it. Right now you just have a bunch of angry people and they should be. The commission has put in a lot of time on this but it should be made as simple as possible and not wordy. Back in the King Crab days people would buy lots and then put five-hundred crab pots on them. That should be screened because we don't want that in residential areas but reasonable storage should be allowed on your lot_ Carlene McChesney stated she was born and raised in Kodiak. She said a lot of her friends are leaving Kodiak because it's too expensive to live here, and some of her friends cannot afford to heat their homes. Maria Nault (caller) stated she's a sixty-eight year Kodiak resident. This fall she received notification from the Community Development Department listing the meeting dates to discuss the new regulations and also provided a map that included her downtown property on Yukon Street that's been owned by her family since 1940. The map further stated a request for a rezone pursuant to KIBC 17.205 to rezone portions of downtown Kodiak from B-Business to the new DB- Downtown Business. She contacted a couple of longtime downtown Kodiak property owners and asked them if they knew anything about this and no one knew anything. She never requested a rezone of downtown property and she doesn't know anyone who did. At first she was concerned about how this would affect her but after she attended a couple of the October meetings listening to the concerns of other property owners that's when she came to realize how large a project that this is encompassing. At this point she doesn't care about the rezoning of her downtown property because these concerns seem petty in the face of the big picture of the potential impact of this major code revision on our borough citizens. She thinks the code revision should be tossed. Normally she would be concerned about the money spent but in this case let's cut our losses and toss out this code revision in its entirety.We need to attend all meetings and don't assume you can attend 1 or 2 meetings and your feelings will prevail.Attend P&Z meetings, borough work sessions and meetings, provide written or oral testimony, if you can't attend ask a family member or friend to attend in your place. It's that important. Above all, we recently elected new borough assembly members; that wasn't an accident, we did it for a reason because we want a change. Please support these new members. Let's not leave them out to dry like we did to Mel Stephens who served us well. It's the only way we're going to see the change that we voted for. Gary Kavanaugh stated he's sixteen years old and he's concerned about the revision of Title 17, the restriction on accessory buildings.As a fisherman he sees himself buying property and building a modest house and by doing this he'd be limiting the size of his secondary buildings to the same square footage as his house so the shop, shed, and banya can't be more than the house. This 1112/2015 P&Z Minutes Page 20 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 143 of 165 AGENDA ITEM W.A.1. means he has to build a larger house, buy more land, or accommodate his career. He's a fisherman and needs to store his gear and personal things. It's also ridiculous that the borough might require as much as 230%financing on any improvement that he plans. How can he expect a bank to finance 230%. What if he builds without financing, he could never come up with an extra cost for that. He likes to believe Kodiak will be his home, maybe not; maybe he'll have to leave and take his income with him. Chris Ford stated a few of the complaints about the code revision are if the use is not listed, it's prohibited, how much authority is given to the Community Development Department Director and its designees, the inequality of the codes between the city, villages, and the rest of the borough. Some of the wording can be so vague that it can be open to a wide interpretation. What can be considered a junk yard, one hundred sq. feet or a 10x10 sq. foot area maybe parts or pieces that someone's using to make into a project or rebuilding something. In her interpretation on electric fences in the draft there is conflicting information, and in her opinion shipping containers should be allowed as accessory structures if they so desire. It's cheaper to purchase a shipping container than it is to build something the same size for storage, and people have been using them in Kodiak for years. She feels a person does not need to get a permit for a sign let alone pay for a permit for a sign. She feels there are too many rules for signs considering there are 4 pages on signs alone in the draft code. She doesn't agree that a person needs to get permission for a home based business and if someone so chooses to have heavy equipment; dump trucks or backhoes on their property she feels they should be able to do so. In short, the code revisions that have been set before us needs to be scrapped and the people of Kodiak need to revise the codes themselves. Steven Foust (caller) stated he's concerned about these revisions and he doesn't know why they have to be bundled up into a big jumbled mess that they are. He knows there has been a lot of time spent on them but he thinks the best place for them is the garbage can. If you want to change something, change one thing at a time as it needs changing. What you are trying to do is a waste of time and a waste of money. He's not very happy with it and it sounds like there are a lot of other people that's not happy with it either. Chaco Pearman stated he was here earlier but the hall was full and people were standing outside too. In general, he hasn't heard anyone jump up and down screaming let's pass this,we have to do it, you have our support. That's not the message being delivered tonight. Pearman came here in 1972 from a fairly sheltered background and Kodiak has been great to him. He planned on dying here but is now having second thoughts about it. He's worked as a commercial fisherman, roofer, and carpenter, he's worked on the North Slope, and he's been a laborer. Like everyone else in Kodiak he's fiercely independent and he likes to do things himself for himself. If we keep going down this path there will be 1 thing accomplished with this, we would have created a new classification of job, and it will be like going on the website for healthcare,you'll need a navigator to get through this to get anything done to build anything or to do anything because it will be so complicated none of us that are working a real job somewhere else are going to be able to do it ourselves because of the complexity of it all. Let's keep it simple. Cort Neff stated he's a thirty-five year resident and a contractor. He loves Kodiak and he started out in Bells Flats with a little camper on a friends land. He got to hunt and fish, and really enjoys Kodiak. He feels for people that have to buy a home on a 10,000 sq. foot lot for $400,000. Regarding the codes, over time he's seen things that has happened with people, the borough's attitude, and the borough used to be a friendly place. The inspectors were nice but he does feel that with the requirements put on them, pressures of new regulations made it where they had to protect the integrity of what they were doing so they had to be less friendly with people. He doesn't like the Code Enforcement because one thing he saw changed was the borough will tell you how we enforce things is complaint based, it's a neighborly thing, if we look at it if the neighbors are irritated they can complain and then we can do something about it, otherwise we aren't going to look for trouble. He'd like to see that eliminated and he'd like to see the code we already have revisited to see what we can take out. He hasn't seen buildings falling down or flaming up. He hasn't seen anyone say that they wish the borough would make more rules because of my neighbor's chickens. People in the villages build however they want. He doesn't see disasters 1/12/2015 P&Z Minutes Page 21 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 144 of 165 AGENDA ITEM W.A.1. happening or people saying they are worried about the people in the villages. He doesn't see anyone that wants more regulation because they are concerned about safety, the environment, saving the planet, or whatever the reasons may be. People want less government involvement and want to see less property tax. Recently a contractor told him that full engineered foundations will be required if they aren't a full slab foundation and that means thousands of dollars more. Cort said to scrap the Code Enforcer and see what we can do to remove a lot of that stuff from the code. Mathew McNerney(caller)stated he's been a thirty-five year city resident. He recently purchased a house and he's trying to make it a better place. He's storing building materials in his yard which would make it a junkyard and he'd be out of compliance. It sounds like he's in the same boat as most of the constituents of the community. He doesn't remember requesting an updated code. It appears that his home was built by getting around the code. He realizes there are important facets of code that we have to go by to make sure structures are compliant with the safety values that we need today, but he thinks we should be doing it on an open basis so we all know what's going on and can agree that's a necessity. He appreciates everyone that showed up for the meeting. He knows the commission is putting their best foot forward on this. Tim Booch (caller) stated there were so many people in the hall so he just went to the library to listen on the computer. He was surprised by the first person to speak tonight because he was spot on.We will all agree that the commission needs to make a motion for a resolution to table this vote next week.All of us and many more will be at the next meeting. It's obvious that you can't be voting on this next week. Todd Hiner stated he has 5 kids who want to raise families here and Hiner doesn't want to see them leave Kodiak. He's been in Kodiak over fifty years and he was raised in a King Crab fishing family. He's seen a lot of people talking about building houses out of pocket and that's his dream for his kids. There's not a lot of big money paying jobs that people can afford to get into a house and raise kids in Kodiak. Until you're affected by something you don't get on the wagon and he sees that people are starting to realize that this affects them. If we could group together even if we have to get an attorney and all put in a little money to have someone represent us. Even if there are a couple thousand of us, that makes a better statement than these testimonies. A lot of times he felt sad walking away from his testimony because he's sees the council members rolling their eyes. Looking at the Wal-Mart and what it did to our town and how it took away all the mom and pop stores, the specialty stores, and looking at what downtown did to us and its huge companies and corporations that are pushing this. This is an Agenda 21 item that's being forced all over America, they are trying to ruin America and other nations. He's proud of our community for coming up here, there are a lot of young people that want to build out of pocket and make it work; they want to live here like their families lived here. Kodiak is an awesome place and when we get outsiders coming in telling us how we should do things, why are we going to outsiders because they've already screwed up the lower 48. Why do we let them come into our community and let them tell us what they think we should do? He used to like to ride his four wheeler around and go fishing just to have fun in Kodiak, and now he doesn't even know if he can launch a boat from his property anymore.There are so many little things in this mess he thinks it should be tabled. Mark Alwert stated he and his father own 2 boats and multiple properties. He keeps hearing people say throw out this document and to table it, and Alwert agrees. He also hears of outsiders coming in to write our borough revisions for the codes and he heard a story about ObamaCare and the architect of that was quoted as saying "American people are stupid, we're just going to pass this thing and no one will read it, and we're going to get it passed." In all accounts it looks like it's failing and that guy called us stupid. The idea of someone coming onto his property and looking into his windows without permission is not right. If someone's looking into his windows they will likely get shot. It's just an American right to have privacy and if the borough wants to know what he's doing they can ask him and Alwert would be happy to adhere to what they want to some limit. In this Agenda 21, it's incredible what's going on around the world. There was three-hundred people when he in the parking lot earlier. There's about one-hundred-fifty out in the hallway, and this room is packed with people sitting everywhere. You have people here for a valid point and not one person has said they are in favor of this. It's a resounding idea that this isn't the way we should go. 1/12/2015 P&Z Minutes Page 22 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 145 of 165 AGENDA ITEM W.A.1. Having the high school go over budget and a borough that has allowed that contract to go over upwards of $60,000,000 above what the community voted in, it's a travesty when Mary gets up here and tells us that there are people who can't afford heating fuel but we are OK with spending an extra $60,000,000 on a high school that's way out of line for what we need in this community with a shrinking population.When it comes to borough code and addressing the high school,there have been a lot of problems in the lower 48 with people walking into schools and shooting. He advises everyone in our community to take a walk through the high school, it's a glass building with safety glass but it's not bulletproof glass. He has children in that high school and it's a little scary because no one is protected, and borough code should be protecting our children. There should be steel doors that the teachers can lock where no one can get in. Ted Panamadoff (caller) stated he was on the Project Advisory Committee for over 2 years. He was very disappointed in the consultants and in the way the process ended up working out. He doesn't think they accomplished anything.The work that PAC did added seventeen pages because they chose to simplify it by adding more details into it. For whatever reason because it was longer Planning and Zoning didn't accept it and then (inaudible) he's ashamed. He's lived here his entire life in Kodiak. He's always been proud of Kodiak but he's really ashamed of these people doing work in the name of his community. Whoever put this forward, what kind of delusions do they have? Many of the people on Planning and Zoning sat on the PAC (inaudible)the work that we did and then the consultant's would bring it back to us at the next meeting but it was totally foreign with different wording. He doesn't think there was a meeting where the chickens didn't come up. It was constantly being manipulated by the consultants who probably didn't have any real experience in true rural America, especially Alaska. He's frustrated and he thinks this should be tabled indefinitely. This is America. It's embarrassing. He and all the members put in a lot of hours to simplify it do the degree we were able. To see all of that thrown out and all of this come in here is like militaristic. COMMISSIONER ARNDT MOVED to postpone until the January 28, 2015 Planning and Zoning regular meeting. COMMISSIONER ARNDT stated this is not being passed at the next meeting or any foreseeable meeting. All this is doing is moving it on to get some additional testimony since there are people that weren't able to get up here tonight.We need to try to find another location to accommodate so people don't feel that they're being alienated because they can't get in the room. This is not going forward for any approval. It's a long process ahead of this and he's so happy to have all the public testimony. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMUNICATIONS B) Code Update Submitted Comments REPORTS C) Meeting Schedule: • January 14,2015 work session-6:30 p.m.-KIB Conference Room • January 21,2015 regular meeting-6:30 p.m.-Assembly Chambers • January 28,2015 Code Update special meeting-6:30 p.m.-Assembly Chambers • February 4,2015 Code Update special meeting-6:30 p.m.-Site To Be Determined • February 11,2015 work session at 6:30pm in the KIB Conference Room • February 18,2015 regular meeting at 6:30pm in the Assembly Chambers COMMISSIONER BALDWIN MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS Local number:486-3231 Toll Free number: 855-492-9202. Limited to 3 minutes per speaker. 1/12/2015 P$Z Minutes Page 23 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 146 of 165 AGENDA ITEM W.A.1. Brent Watkins stated we're repeating the mistakes of tonight if we're going to try to hold it in this venue, it's not going to work again and we'll have to postpone it. He requested that the commission seek a different venue for all of these meetings from here on out. Chaco Pearman asked what the process is and how does this go forward now. You have these work sessions and at some point the commission votes on it-up or down and it moves on to the Assembly and what's the timeframe. How does it work and please enlighten us.When it gets to the Assembly is there a comment period for the public there. VICE CHAIR SCHMITT said you are covering a lot of ground and some of it we haven't covered yet but in theory we will at some point vote. His personal view if we get to that point it's going to be a long time to do it if we actually go through the code and talk about things to change but when we would ultimately go to the Assembly.The timeframe,there is no set timeframe, as long as it takes. There will be public comment at the Assembly. They do it by ordinance which requires 2 hearings having a public hearing at the 2"d hearing. COMMISSIONER ARNDT wanted to clarify that in the process this will come back and amendments by the commission will be introduced and voted up or down by the majority which he foresees many amendments if we are able to get that far. It's a very extended period of time that this will take. Members of the commission will be looking to make based upon the testimony that we've received over these meetings, making amendments to the code and see how it goes with the commission but it would also be his personal feeling that we go back out for a public hearings on that revised draft. Judi Kidder stated she would just like the commission and assembly to be looking with a vision to how they can expand small business in Kodiak instead of telling us what we can't do, see if you can work with part of this code to promote small businesses which will increase the tax base, employment, which will help this town to grow. She doesn't see this in this draft code, it's all about what you can't do. STAFF COMMENTS None. COMMISSIONER COMMENTS Kathy Drabek thanked everyone that came tonight and she wants the people to know it's not us versus them; it's we. Jay Baldwin stated he's the newest on the commission but he was very impressed. It was very moving to see all the people come. He thanked the public for all the support. Maria Painter stated she wanted to let everyone know that at the appropriate time she, as a commissioner, will make a motion to table indefinitely the proposed code. She believes private property is the most important guarantee of our freedom.She thanked the public. Scott Arndt thanked everyone for coming. It's been a long process in reviewing this. He's been a commission for only a year and it's been frustrating going through some of the work sessions because many times he found he was in the minority. He thanked the public for coming. Alan Schmitt said by his unofficial count we had sixty-nine people testify tonight. The 7 people that serve on the commission, 2 are out of town, have lived in Kodiak for a combined total of two- hundred-eighteen years. He will give any commissioner the opportunity to disagree with this but he thinks he's on firm ground when he says that we all enjoy living here. He considers himself most fortunate to be able to live here. The concept of 13,000 people living in safety, generally good health, and comfortably while surrounded by this awe inspiring, natural beauty and on an island by any stretch of the imagination is remote. It's a privilege to live here. Each of us takes the job of serving on the commission seriously. We've been working on this for 1 %years if not longer,we're all motivated by what is best for the common good, not what's good for 1 person, what's good for the common good. He points this out not because he wants you to think that we somehow are better equipped than any of you, no, we are invested in this community as well. It's our home; we 1/12/2015 P&Z Minutes Page 24 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 147 of 165 AGENDA ITEM W.A.1. want it to continue to thrive and continue to be a place we want to live.We've had public hearings beginning in the summer of 2013 and through 2014. Not to fault anyone but it's about time. We've wanted to hear from the public. We've made the chances for people to come forward and tell us what they think. We took what the PAC put together and some people have commented and that was done primarily by an outside consultant. We took that and tried to work with it to make it something that would be best for Kodiak so that's the product of the 7 people on the commission. It's not the product from someone outside, it's what we tried to put together. People have complained on the one hand that the existing code is great and it doesn't need to be fixed, but on the other hand that there's a lot of vagueness and uncertainty. To get rid of the vagueness and uncertainty unfortunately you've got to add words, you've got to add definitions, and you've got to get specific. That's what we've tried to do. The borough has a lot of money invested, we've got a lot of time invested and he'd hate to just throw it out because he thinks we're at something we could work with To make the code work you have to have specific definitions and to get more specific to take away the opportunity to interpret things, well it takes more words. You can't have both; let's not have any rules but let's not have staff not interpret things. When need more words if you don't want staff to be able to be arbitrary. That's what he's heard people imply. Schmitt feels there's a lot of good stuff in the draft code.As Mr. Arndt noticed the commission didn't agree with a lot of things in the draft but we got to the point of let's get it out to the public to see what they have to say.We'd like to move forward on this. ADJOURNMENT COMMISSIONER ARNDT MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY VICE CHAIR SCHMITT adjourned the meeting at 11:10 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By:"-2,-azey Scoff Arndt,C air ATTEST ° Sheila Smith, Secretary Community Development Department APPROVED:April 15, 2015 1/12/2015 PAZ Minutes Page 25 of 25 Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 148 of 165 AGENDA ITEM W.A.1. Kodiak Island Borough Planning and Zoning Commission Minutes February 18,2015 6:30 p.m.in the Assembly Chambers CALL TO ORDER COMMISSIONER ARNDT called to order the February 18, 2015 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE COMMISSIONER ARNDT led the pledge of allegiance. ROLL CALL Requested to be excused are Pat Olsen. Commissioners present were Jay Baldwin, Alan Schmitt, Kathy Drabek, Maria Painter, and Scott Arndt. Excused was Pat Olsen. A quorum was established. Community Development Department staff present was Director Pederson, Jack Maker,, and Sheila Smith COMMISSIONER BALDWIN MOVED to excuse Pat Olsen. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the February 18, 2015 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER PAINTER MOVED to approve the October 29, 2014, January 21, 2015, and February 4, 2015 Planning &Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS A► Items Not Scheduled for Public Hearing: Limited to three minutes per speaker. Local phone number:486-3231 Toll Free phone number:855-492-9202. Kyle Crow thanked the commission for their votes during the last meeting and he and the community appreciated it. He's been watching for any latest developments in the process of updating the existing codes. He is seeking any opportunity to contribute to that effort. PUBLIC HEARINGS Local phone number: 486-3231. Toll Free phone number: 855-492-9202. Limited to 3 minutes per speaker. A) Case15-092.Request a Conditional Use Permit to construct a hydroelectric power plant to serve the City of Old Harbor. The project will span across three C-Conservation zoned parcels and one R1-Single-family Residential zoned parcel(KIBC 17.50.040.1-1 and 17.200.010). The applicant is Alaska Village Electric Cooperative, Inc. and the agent is Steve Gilbert. The location is within Sections 7, 17,and 18, T.34S, R.25W, and Section 12,T.34S, R.26W,Seward Meridian and Tract D, Old Harbor Subdivision, and the zoning is C-Conservation and R1- Single-family Residential. 2/18/2015 Page 1 of 6 P&Z Minutes Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 149 of 165 AGENDA ITEM W.A.1. Maker reported this Conditional Use Permit is to permit a 525 kilowatt hydroelectric power plant to serve the community of Old Harbor. Power in Old Harbor is currently provided by small diesel generators. This project will lower the cost of electricity by reducing the community's reliance on diesel fuel for power generation. The owners of all parcels included in this request will provide land for the project and have authorized the Alaska Village Electric Cooperative (AVEC) to act as their agent. AVEC will construct, own, operate, and maintain the facility. AVEC has applied for the required Federal Energy Regulatory Commission (FERC) License and conservation easement amendments, which must be approved before commencing construction. This hydroelectric project be will be constructed, operated, and maintained in compliance with FERC License requirements and all other federal, state, and local regulations. Environmental protection, mitigation, and enhancement measures will be implemented during project construction. During the P&Z work session the Commission requested that staff revise the conditions of approval to clarify easement and re-vegetation requirements and those revised conditions are included in the supplemental memo. Five public hearing notices were mailed on December 31, 2014. No public hearing notices were returned. Staff recommended approval subject to five conditions of approval. COMMISSIONER SCHMITT MOVED to grant a Conditional Use Permit to construct a hydroelectric power plant within portions of Sections 7, 17, and 18, T.34S, R.25W, Seward Meridian, Section 12, T.34S, R.26W, Seward Meridian, and Tract D, Old Harbor Subdivision, subject to five (5) conditions of approval and to adopt the findings of fact listed in the staff report entered into the record for this case as"Findings of Fact"for Case No. 15-012. Close regular meeting&open public hearing: Robin Reich,agent, spoke in support of the project. Kyle Crow spoke in support of the project. Close public hearing&open regular meeting: During discussion there was consensus for approval. CONDITIONS OF APPROVAL 1. This hydroelectric project shall be constructed, operated, and maintained in compliance with Federal Energy Regulatory Commission License requirements and all other federal, state, and local regulations. 2. The vegetation around the hydroelectric project shall be maintained to the maximum extent possible and areas disturbed during construction shall be re-vegetated as necessary, subject to any limitations set forth in applicable federal and state permits. 3. Should this project be abandoned for any reason, all visible improvements shall be removed and the affected areas shall be returned to their natural state within two years of abandonment. 4. This Conditional Use Permit shall not be effective until the Federal Energy Regulatory Commission (FERC) license and all applicable conservation easement amendments are approved. Copies of the FERC license and amended conservation easements shall be provided to the Community Development Department prior to issuance of zoning compliance. 5. Copies of all City of Old Harbor and Old Harbor Native Corporation utility easements granted for this project shall be provided to the Community Development Department prior to issuance of zoning compliance. FINDINGS OF FACT 1. This hydroelectric project will be constructed, operated, and maintained in compliance with Federal Energy Regulatory Commission License requirements and all other federal, state, and local regulations. Appropriate measures will be taken to minimize impacts to the surrounding area.The conditions of approval should further ensure that this project will have with no negative impacts to the value, spirit, character, and integrity of the surrounding area or harm to the public health, safety, convenience, or comfort. 2/18/2015 Page 2 of 6 P&Z Minutes Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 150 of 165 AGENDA ITEM W.A.1. 2. This conditional use is consistent with the 2008 Comprehensive Plan and satisfies all requirements of the C-Conservation and R1-Single-family Residential zoning districts. 3. This hydroelectric project will be constructed on large vacant or minimally developed parcels that provide sufficient setbacks, buffers, and other safeguards between the project and the surrounding area. 4. This hydroelectric project is located in a manner which will maximize public benefits. The project will lower the cost of electricity in the community of Old Harbor by reducing the community's reliance on diesel fuel for power generation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case 15-013. Request a Conditional Use Permit to establish a Bed and Breakfast with up to two guest rooms on an R1-Single-family Residential zoned parcel (KIBC 17.75.030.0 and 17.200.010).The applicant is Charles & Keri Freeburg. The location is 557 Eli Waselie Circle, and the zoning is R1-Single-family Residential. Maker stated this request will permit a Bed and Breakfast (B&B) with two guest rooms on an R1 zoned Lot. Bed and Breakfasts are listed as a conditional use for R1 zoning. This B&B has been in operation since August of 2014 with no noted negative impacts to the surrounding area. The applicant has obtained a State business license, a Borough transient accommodations tax account, has joined a local business association, and has advertised the availability of services. This B&B is located within a single-family residence on a large(18,398 sq. ft.) R1 zoned lot.The structure meets the setback requirements for R1 zoning.The driveway accommodates the required off-street parking and has room for additional parking if needed. Forty-six public hearing notices were mailed on December 31, 2015. Two public hearing notices were returned. Staff recommended this request be approved. COMMISSIONER SCHMITT inquired about Transient Accommodations certificate issued in August, and if there is any communication between the Finance Department and Community Development regarding these issues. Maker stated not with the Finance Department notifying us although there have been times when the Code Enforcement Officer has done reviews to check up on B&B's that do have the Transient Accommodations Tax Accounts to ensure they have zoning compliance also. Director Pederson stated we're going to discuss with Finance for that to be part of their process to verify zoning compliance when issuing transient tax licenses. COMMISSIONER BALDWIN MOVED to grant a Conditional Use Permit to establish a Bed and Breakfast with up to two guest rooms on Lot 10, Block 3, Spruce Cape Subdivision (KIBC 17.75.030.0 and 17.200.010) and to adopt the findings of fact listed in the staff report entered into the record for this case as"Findings of Fact"for Case No. 15-013. Close regular meeting&open public hearing: Chastity McCarthy, Discover Kodiak Director,spoke in support of this request. Kim Bunch, neighbor, spoke in support of the request Keri Freeburg,applicant, spoke in support of the request. Close public hearing &open regular meeting: During discussion there was consensus to support this request. FINDINGS OF FACT 1. This B&B is housed in a single-family residence.The residence is on a large lot located near the entrance to the subdivision. This location provides for a negligible increase in local traffic level. The lot provides ample off-street parking. This B&B has operated since August of 2014 with no noted negative impacts to the value, spirit, character, and integrity of the surrounding area or harm to the public health, safety, convenience,or comfort. 2. The conditional use satisfies all requirements of the R1-Single-family Residential zoning district and the additional Bed and Breakfast off-street parking requirements. 2/18/2015 Page 3 of 6 P&Z Minutes Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 151 of 165 AGENDA ITEM W.A.1. 3. The residence that houses this B&B meets the setback requirements for R1 zoning. Although screening is not a performance standard for B&B's, the lot does contain natural vegetation and trees that provide additional buffers and visual barriers. These features, combined with the large lot size, should provide for more than adequate setbacks,buffers, and other safeguards between the B&B and the surrounding area. 4. This conditional use permit is not for a public use or structure. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case S15-013. Request a preliminary approval of the replat of Sub Lots 26, 27, and 28 of Thorsheim Subdivision of Lot 18, Block 16, Kodiak Townsite, vacating portions of road rights-of-way and creating Lot 28A of Thorsheim Subdivision of Lot 18, Block 16, Kodiak Townsite(KIBC 16.40 and 16.60).The applicant is the Anchor Apartments LLCIClty of Kodiak. The location is 311 Thorsheim Street, and the zoning is B-Business. Maker stated this request was initiated by the City of Kodiak to replat East Hillcrest Street right-of- way to correspond to long standing existing conditions. A portion of East Hillcrest Street is constructed on B-Business zoned property owned by Anchor Apartments, LLC. Anchor Apartments has agreed to dedicate the affected portion as right-of-way. In exchange, the City has agreed to vacate undeveloped portions of East Hillcrest Street and Thorsheim Street rights-of-way and incorporate them into the remainder of the Anchor Apartments property to create Sub Lot 28A.This lot meets the lot design and improvement requirements of KIBC 16.40.040 Forty-six public hearing notices were mailed on December 31, 2014. No public hearing notices were returned. Staff recommends approval subject to one condition of approval. COMMISSIONER SCHMITT MOVED to grant preliminary approval of the replat of Sub Lots 26, 27, and 28 of the Thorsheim Subdivision of Lot 18, Block 16, Kodiak Townsite, vacating portions of road rights-of-way and creating Lot 28A of the Thorsheim Subdivision of Lot 18, Block 16, Kodiak Townsite(KIBC 16.40 and 16.60), subject to one (1) condition of approval and to adopt the findings in the staff report entered into the record for this case as"Findings of Fact"for case S15-013. Close regular meeting&open public hearing: Mark Kozak, agent, spoke in support of this request. Close public hearing &open regular meeting: Discussion CONDITIONS OF APPROVAL 1. The Final Plat shall comply with the requirements of Chapter 16.50 (Final Plat) of the Borough Code and shall depict the technical corrections listed in the staff report entered into the record for Case No. S 15-013. FINDINGS OF FACT 1. This plat meets all standards of Chapter 16.40(Preliminary Plat)of the Borough Code. 2. This plat meets all requirements of Title 17 of the Borough Code. 3. This plat provides a vacation and replat of land that is consistent with the adopted Borough plans and development trends for this area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY D) Case 15-014. Request a variance to construct an accessory building that will encroach 5 feet into the required 10 foot rear yard setback on Lot 4, Powell Estates Subdivision (KIBC 17.195, 17.160.060, and 17.85.040.C). The applicant is Gary E. Salter and the agent is Ryan Sharratt.The location is 3534 Sharatin Road,and the zoning is 113-Multi-family Residential. Director Pederson stated this afternoon the applicant requested this be postponed until next month to allow for additional information to be provided. 2/18/2015 Page 4 of 6 P&Z Minutes Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 152 of 165 AGENDA ITEM W.A.1. COMMISSIONER PAINTER MOVED to postpone the public hearing for Case No. 15-014 to the March 18,2015 Planning and Zoning Commission regular meeting. Close regular meeting&open public hearing: There was no public testimony. Close public hearing&open regular meeting: ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS None NEW BUSINESS None COMMUNICATIONS A) January Planning and Zoning Results Letters B) Letter of Courtesy and Advisory dated 1-23-2015 COMMISSIONER SCHMITT MOVED to acknowledge receipt of the communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • March 11, 2015 work session-6:30 p.m:KIB Conference Room • March 12„ 2015 Planning &Zoning/Assembly Joint Work Session-7:30 p.m.- KIB Conference Room • March 18, 2015 regular meeting-6:30 p.m.-Assembly Chambers B) Abbreviated&Final Approvals -Subdivisions COMMISSIONER SCHMITT MOVED to acknowledge receipt of the reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS Local phone number:486-3231,Toll Free number: 855-492-9202. Limited to 3 minutes per speaker. Kyle Crow stated he came to hear Case 15-014. When he reviewed this case he seen another example of an abuse; an abusive, mean, and arbitrary determination made by the Kodiak Island Borough Planning and Zoning Department, and he recommended that the commission unanimously vote to approve the applicant's request. The applicant requested to build a small shed and locate it within the ten foot rear yard setback where he believed it best situated. The department believes it should be located elsewhere and justifies their objection with the finding of fact #4-Granting the variance request would remove the balance between adopted community objectives and values vis- a-vis private property interest for the sake of a desire, not a need and will be contrary to the Comp Plan. Crow said it appears the department's determination is nothing more than a mean and arbitrary opinion. The property is encumbered with topography challenges that limit the applicant's options. The department shrugged this off by explaining that the topography problem exists throughout the neighborhood and is not unique to this applicant. The property owner's right to choose and decide where best to locate his accessory structure should be respected and valued, and carry significantly more weight than that of the planning staffs suggested alternatives. Denying the request provides no tangible benefit to the community and neighborhood, and causes an unnecessary resentment and animosity between the community and the department. The department states that granting the variance should somehow go against the contemporary community values and objectives expressed as horizontal separation distances, and because of that 2/18/2015 Page 5 of 6 P&Z Minutes Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 153 of 165 AGENDA ITEM W.A.1. it would be contrary to the Comp Plan. He sees this as nothing but bureaucratic BS to justify their bullying of a private property owner. He hopes and trusts the commission will make the right decision and grant the applicant's request next. Crow is sorry that the applicant will spend more time and lose more sleep over this issue which seems to be a fairly simple matter. STAFF COMMENTS Director Pederson stated in March you will start the CIP discussion. He also has an outline for the commission on the planning efforts that we're going to be working forward on for the Woody Way Loop property. COMMISSIONER COMMENTS Alan Schmitt said he's pleased to see the CIP list earlier because it takes a little more time to think through it and not be rushed. Given the way the State budget is going to look for the next few years it seems that it's a good idea to try to hone things down. He heard that folks are willing to help with whatever will happen with the code, Schmitt has no idea what's going to happen but it will happen at a public meeting. Perhaps on the March agenda we can have the Parks and Recreation Committee alternate. The assembly will most likely appoint someone to the vacant seat tomorrow night which will get them back to a quorum. It would be good to have an alternate. Maria Painter thanked Kyle Crow and Neal Cooper for attending many meetings. She appreciates them sharing their input. She also thanked Ron Painter for attending the meetings. ADJOURNMENT COMMISSIONER PAINTER MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER ARNDT adjourned the meeting at 7:16 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMI SION By: J rs Scott Arndt, Chair ATTEST By: , Sheila Smith, Secretary Community Development Department APPROVED:April 15, 2015 2/18/2015 Page 6 of 6 P&Z Minutes Fire Protection Area No. 1 Board RM, February 25, 2015; Plan... Page 154 of 165 AGENDA ITEM W.A.1. ORIGINAL Women's Bay Service Area Board REQ% Minutes March 3 rd 2015 meeting APR ?o15 KOEMAK,ALASKA # Present: G. Lee,J. Isadore, D. Conrad, G. Egle, B. Ec * Approved minutes from 2-3-15 * Citizen Comments: None * Contractor Comments: Kevin reported on the grading. * Unfinished Business Fire Dept.: 0 D. Conrad reported on new sheliter & new pick-up. * Unfinished Business, Road Service: 0 Culvert bid opening is on 3/9/2015. * New Business Fire Dept. : D. Conrad will work with contractor in regards to new building & FD will begin recruiting. Motion made to forward the fire dept. budget for 2016 to borough. Motion made by D. Conrad unanimous consent. • Roads Service New Business: • D. Conrad reported KEA had road work to, do on Lake Orbin Dr. • P. Olsen cleared out brush from the debris pile. Glee & contractor will do a drive about this weekend. Reviewed contract & budget. Motion was made to forward the 2016 budget for road service to borough for approval. Motion was made by D. Conrad &was unanimous consent. • Board Member Comments: None • Meeting Adjourned: 8:40. Fire Protection Area Nn. 1 Board RM, February 25, 2015; Plan... Page 155of185 AGENDA ITEM W.A.1. WOMENS BAY SERVICE AREA BOARD REGULAR MEETING I BUDGET PUBLIC 14EARING ORIGINAL Call to order: 7:08 prn Members Present: George Lee, Dave Heuman,John Isadore,Dave Co;[ad, Mi Members excused- Greg Egle, Bill Ecret,and Jessica Horn. BOW Also present:Dale Rice-WBFD Fire Chief 0FRCE Dale Rice spoke about storm damage and grading damage still unaddressed after 3 months, at his driveway turnout onto BF Road.There is a work order outstanding to address this issue. Chair to contact the contractor for follow up, F'Y 2016 Road Service ALeaBAd Ze_t- Conrad motion to review proposed budget for approval,Isadore seconded,Heuman,Lee, Isadore and Conrad all voted to proceed to discussion, After a brief discussion, Conrad moved to approve the budget as presented, Lee seconded, and Heuman, Lee, Isadore and Conrad all voted to approve the budget as FY 2016 Fire Service ALe&BvAM- Conrad motion to review proposed budget as presented for approval,Lee seconded,Heuman,Lee, Isadore and Conrad all voted to proceed to discussion. The changes incorporated from the previous meeting of March 3, 2015 were in the reviewed budget presentation(utility line item increased, and I 00k from unreserved fund balance into the capital outlay line items for building and furnishings., Isadore made a motion to approve the budget as presented,Lee seconded, and Heuman, Lee,Isadore and Conrad all voted to approve the budget as presented. Conrad moved to close the public hearing,Lee seconded,and Heuman,Lee, Isadore and Conrad all voted to close. Unfinished,Business. F.D: Emergency Shelter construction site work began this week, excavation for footers was done today. FD decals for new truck are now installed, Road SVC: FEMA: no update. Fire Protection Area Nn. 1 Board RM, February 25, 2015; Plan... Page 158of185 AGENDA ITEM W.A.1. WOMENS BAY SERVICE AREA BOARD REGULAR MEETING/BUDGET PUBLIC HEARING Lake Orbin fish culvert—State to pay 26k for culverts, I ea. at BF Rd and Lake Orbin Dr. Install may begin as soon as April,but must be complete by July 15. Far end of Middle Bay drive is accumulating more junk.No update New Business FD: State Wildland Cooperative Agreement will be signed by the Chief to allow reimbursement for efforts expended in response to wildland fires outside of our SD area. Road Service: 4 outstanding work orders vAth the contractor. FY 2016 Road Service Contract: Isadore presented proposed changes to current contract language and scope. Inclusions from the Monashka Bay RSD were discussed. The KIB Eng/Fac head will prepare a revised contract draft for Board review and comments prior to the next regular meeting, Meeting was adjourned at 9:16 pm, Next Regular Meeting April 7,2015 7,00 PM at the WBFD CHAIRPERSON WITNESS Fire Protection Area Nn. 1 Board RM, February 25, 2015; Plan... Page 157of185 AGENDA ITEM #17.6.1. Kodiak Island Borough Engineering&Facilities Department � Projects Office � 710 Mill Bay Road I Kodiak,Alaska 99615 Phone (907)486-9210 Fax(907)486-9347 To: Bud Cassidy, Borough Manager Cc: Bob Tucker, E/F Director From: Matt Gandel, Project Manager/Inspector RE: Change Orders for Period Ending March 31,2015 Below is a summary of approved change orders for capital projects for March 2015: Anton Larsen Bay Dock Fabrication Rainier Welding, Inc.—Contract 2015-22 Change Order#1-$(46,229.00) 1. RFP 001—Provide gangway embed angle,eight flotation billets,and increased depth of billet and hanger rods for float#1-$2,693.00 2. RFP 002—Provide credit to delete freight for dock floats and gangway to Kodiak. (Freight to be responsibility of installation contractor)-$(48,922.00) 3. Contract completion date is extended 117 calendar days from April 6,2015 to August 1,2015 to align with updated schedule for installation phase of project-$0.00 Four School Generators Wolverine Supply, Inc.—Contract 2015-06 Change Order#1-$11,484.64 1. RFP 001—Relocation of the Karluk generator was required due to potential future impact of soil remediation.This added additional conduit,wire, mechanical work&a chain link fence, but also eliminated a retaining wall, reducing the overall added cost-$4,259.15 2. RFP 002—The existing Fire Department Connection at Old Harbor was installed directly below current electrical equipment,which is a code violation. It was necessary to relocate this to accommodate installation of a new generator&transfer switch-$6,109.54 3. RFP 003—The new generator at North Star required increasing the size of the electrical feeders- $1,115.95 Change Orders—March 2015 March 2015 Change Order Report, KHS Wilson Report, Other Pro... Page 158 of 165 AGENDA ITEM #17.6.1. Landfill Lateral Expansion Phase II Brechan Enterprises, Inc.—Contract 2012-21 Change Order#24-$12,684.33 Wage rate difference due to contract date extension. Contract went significantly past wage determination period due to unforeseen circumstances during work progression. New completion date for contract is October 30, 2015. Landfill Lateral Expansion Phase III EMC Engineering, LLC—Contract 2014-06 Change Order#7-$3,031.90 Special inspections for the Landfill Lateral Expansion Phase III project in excess of previously approved Change Orders. All inspections are now complete. Long Term Care Facility Jensen Yorba Lott—Contract 2014-13 Change Order#21-$15,270.00 Provide landscape design for recently cleared areas at Long Term Care Facility. Womens Bay Emergency Shelter Wolverine Supply, Inc.—Contract 2015-21 Change Order#1-$10,000.00 NTE Remove existing red clay under footings and slab and backfill with new material as described in RFP 7.Work to be performed on a Time and Materials basis with a Not to Exceed amount of$10,000. Daily time sheets, materials receipts,scale tickets,and other backup as necessary are required to substantiate final costs. Change Order#2-$10,000.00 NTE Remove additional existing red clay and unsuitable material under footings and slab and backfill with new material as described in RFP 7.The not to exceed amount in this change order will supplement Change Order No. 1. Work to be performed on a Time and Materials basis with a Not to Exceed amount of$10,000. Daily time sheets, materials receipts,scale tickets,and other backup as necessary are required to substantiate final costs. Change Orders-March 2015 Page 2 March 2015 Change Order Report, KHS Wilson Report, Other Pro... Page 159 of 165 AGENDA ITEM #17.6.1. WILSON ENGINEERING MONTHLY PROGRESS REPORT Kodiak High School Renovation Period Ending; March 31, 2015 Summary: Watterson Construction has made noticeable progress on the Area B renovation.This period they completed the steel erection, installed the steel pan deck and placed the level 2 concrete between the existing structure and the Tower.The new PVC roof system was completed over the existing structure and continues on to the new addition roof. Exterior curtain walls and windows have been installed making way for installation of the exterior siding system. While proceeding with scheduled abatement and demolition of the Learning Center,the abatement contractor discovered Vermiculite in the hollow cells of the exterior CMU walls.Vermiculite used for insulation during the 60's and 70's is known to be asbestos contaminated.The EPA requires that removal of Vermiculite be treated as Class I abatement under full containment while following OSHA and AHERA guidelines.With the initial estimate for this work coming over $200K,approval to issue a change order will need to be brought up before the KIB Assembly.The demolition contractor has stopped work at the learning Center pending review and/or approval of the costs.The matter is set to be heard on April 2,2015. Work This Period: • Continue Area B exterior siding �i/vaaoaaiiioi� • Complete structural steel erection • Roof system on Area B addition • Exterior curtain all and glazing systems • Select demo at the Learning Center Work Scheduled Next Period:' • Curtain wall at main entry Kodiak High School new entry canopy • Concrete slab on grade • Level 1&2 framing(north) • Concrete shear walls • Learning Center abatement demo Schedule Status:Phase 6 completion revised to M October 1,2015 w F. Scheduled Milestones In Progress RFI's Phase Start Milestone % Complete Last Period 33 3 4-5-13 01-16-14 100% This Period 37 Learning Center Demolition 4 4-5-13 11-18-14 100% Open RFI's 04 5 6-1-14 08-21-14 98% 6 6-1-14 10-01-15 53% Total To-Date 583 Bruce Walter,Project Manager Area B level 2 projected window seat March 2015 Change Order Report, KHS Wilson Report, Other Pro... Page 160 of 165 AGENDA ITEM #17.6.1. Kodiak Island Borough „ y Engineering&Facilities Department Projects Office 710 Mill Bay Road Kodiak,Alaska 99615 Phone(907)486-9210 Fax(907)486-9347 TO: Mayor and Assembly FROM: Matt Gandel, Project Manager/Inspector CC: Bud Cassidy, Borough Manager Bob Tucker, E/F Director RE: Projects Status Report for Period Ending March 31,2015 LANDFILL LATERAL EXPANSION ASRC SKW Eskimos, Inc. is the contractor for Phase III of the Landfill Lateral Expansion, construction of a new leachate treatment plant. Installation of the building exterior metal panels and roof were completed in February 2015. The panels on one side of the building were damaged and replacement panels are scheduled to be installed by the end of April 2015. Final exterior grading has been completed, all major mechanical and electrical equipment have been placed, and subcontractors are currently installing the required piping and conductors for testing prior to startup of the plant. The Phase III contract calls for substantial completion by May 31, 2015. In November 2014, ASRC requested a 12- week extension to that completion date; formal discussions have begun regarding this request and the responsibility for potential impacts to the project cost and landfill operations. P i � ��„ �„ ,���� , .. w�wwuu�ww�w�waw�uoNmurwoiioiiiivwwi Electrical Room Mechnical Equipment Installation Piping Installation ANTON LARSEN BAY DOCK KIB has received Alaska Legislature and Denali Commission grants to provide upgrades and expansion of the existing floating dock facilities at Anton Larsen Bay. Jensen Yorba Lott and PND Engineers have completed design, and an invitation to bid for procurement of the dock was issued on November 17, 2014.Three bids were received, and on December 18, 2014, the Assembly voted to approve a contract for Rainier Welding of Redmond, WA. The fabrication contract is for three 40-foot long dock sections, meaning the new dock will be twice as long as the existing 60-foot dock. An invitation to bid for installation of the new dock was issued on January 9, 2015, and during the bidding process,concern was expressed over the tight timeline to get installation completed by mid-May 2015. In response to those concerns and in an effort to encourage reasonable bids, the installation window has been rescheduled for early fall 2015,with all work due to be completed by November 15,2015. Bids were due on February March 2015 Change Order Report, KHS Wilson Report, Other Pro... Page 161 of 165 AGENDA ITEM #17.6.1. 24, 2015, and only one bid was received. On March 19, 2015,the Assembly voted to approve a contract for installation of the new dock to Pacific Pile&Marine of Seattle,WA. r i % d "h.... (� r 'f Ij Fabrication of New Dock Underway FOUR SCHOOL GENERATORS KIB received an Alaska Legislature grant in 2011 for installation of generators at several Borough schools, including Karluk, Old Harbor, Port Lions, and North Star Elementary. Wolverine Supply of Wasilla is the contractor for this project, and started construction in October 2014. Installation of the generators at all four schools is now complete. Startup, testing, and training were completed the week of March 16 (spring break). KIB and KIBSD staff are currently discussing the best use of the remaining approximately $200,000 in grant funds. There may be opportunities to install a generator at another school,or provide additional equipment to assist with operations of the generators already installed. WOMENS BAY EMERGENCY SHELTER KIB has received grants from the Alaska Legislature and U.S. Department of i Housing and Urban Development for design and construction of an emergency shelter attached to the Womens Bay Fire Hall.Jensen Yorba Lott completed design of a 3,500 square foot addition including a 1,000 square foot �fu day room for community events and activities, double-wide apparatus bay to � �1 serve two fire engines, toilet room, and storage rooms. Wolverine Supply of Wasilla began construction on March 16, 2015. Substandard soil was discovered during excavation for the new foundation, requiring added excavation Existing Building and New Building Footprint and backfill. This added work is now complete, and Wolverine is proceeding with placing forms and installing rebar for the concrete footings.The project is scheduled to be complete by July 31,2015. Project Status Report—March 2015 Page 2 March 2015 Change Order Report, KHS Wilson Report, Other Pro... Page 162 of 165 AGENDA ITEM #17.6.1. FIRE PROTECTION AREA NO. 1 EMERGENCY GENERATOR KIB received a Designated Legislative Grant in 2012 to provide an emergency power generator and switch gear at the Bayside Fire Station. In addition, the Fire Protection Area No. 1 Board agreed to provide funds to help complete the project. The project was bid in July 2014 but only one bid was received and substantially exceeded the budget.The Fire Protection Area No. 1 Board has requested KIB staff put together a bid package for procurement of the generator and switch gear only. This bid package was put out starting February 26, 2015, and bids were received March 19, 2015. There were three bids, and the Fire Protection Area No. 1 Board is scheduled to meet April 7, 2015, to review the proposal from the low bidder. BALER BUILDING REPAIRS The Baler Building at the landfill is in need of several minor repairs (new overhead doors, new access platforms and railings), and some larger repairs (new roof, repair of concrete floor). Jensen Yorba Lott has completed schematic design of all the required items and provided an itemized cost estimate so KIB staff can coordinate the repairs with available budget. At this time the highest priority item is repairing the concrete floor. Staff is currently putting together a specification for the concrete topping product used during the previous floor repair,to use for bidding purposes. LONG TERM CARE FACILITY The Long Term Care Facility (now Providence Chiniak Bay Elder House) was completed in January 2014, approximately $3.3 million under budget. Providence has been operating the facility since February 2014, and has requested some modifications to the building mechanical systems and added tree clearing and landscaping. Installation of a new guardrail along the access road is complete, and trees have been cleared from both the north and south sides of the property. The mechanical upgrades, including adding mechanical cooling to the building ventilation system, adding a fan at the mechanical mezzanine, and adding ventilation to the Nurse's Office, were completed in February 2015. Staff is currently working with a landscape architect on a replanting design for the south (Rezanof) side of the property,and final clearing and landscaping are scheduled to be completed in summer 2015. LAKE ORBIN CULVERT REPLACEMENT PHASE 2 In July 2014 KIB collaborated with the Kodiak Soil and Water Conservation District (KSWCD)to replace a culvert leading from Lake Orbin to the Russian River, in order to aid fish passage. KSWCD received a grant from the United States Fish and Wildlife Service for the original project, and has received additional funding from a variety of sources for the replacement of two additional culverts. KSWCD is providing funding to KIB, and KIB is managing the bidding and construction.A bid package was issued on February 20, 2015,for replacement of a culvert under Bells Flats Road with an alternate bid for a culvert under Lake Orbin Drive. Bids were due March 9, 2015, and one bid was received, from Brechan Construction.The Assembly voted to approve a contract for Brechan on March 19,2015,and the work is currently scheduled to be completed in April 2015. Note: A status report on the Kodiak High School Addition and Renovation project is provided separately from Wilson Engineering,Inc. Project Status Report—March 2015 Page 3 March 2015 Change Order Report, KHS Wilson Report, Other Pro... Page 163 of 165 AGENDA ITEM #17.6.1. 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O U a .-i U Q Z N O Q c O W '' m N Q O O L Q t6 •U z to 0 ry CL C3 f6 Q N C LU C - aj L 2 U a _ m Ln LL Ln M CD m Q f6 , Ln Q NCm •++ Oi Oi O Oi 01 CM U Oi m Oi i N •�, m -O J O t � LE � J � � � aj U -O - 6 Li a Li Li Q Li Li Li Li 'O + v Ln c c O Q O = o Q LL LL Y J J March 2015 Change Order Report, KHS Wilson Report, Other Pro... Page 164 of 165 AGENDA ITEM #17.6.1. co � a .� m .� m o rn o a ry O 't 'w vi � co m vi ti om o co ln o II� m m a sw 1ry 't LR ry � ry a � m m a a ITV, o s"w o °o C vmi o o oo ° cT v o o o.-i o vi -a o � � 0 h w s w o co 0 0 0 �n o w o co o �n o a o v ow a w a ° m rll� o a ti c — � — � O v illllli L m O O m U a N O N w O O v A a n c-I N N N r Y = o a � o v � Q O vt O vt O O w a w °1 E o w °1 a c 0 E a a w -a x -o � a o Cl ° c o v Im o c w w o w a E ° � a 0 .n .n .n .n o+ s � � a O U w O � U � w v � Off„ O O C o z o o c w n a Q w -o m U O v� w O O w m m 3 J O` J H w W W Q _ p 3 March 2015 Change Order Report, KHS Wilson Report, Other Pro... Page 165 of 165 Kodiak Island Borough Assembly Regular Meeting Guidelines May 7, 2015, 7:30 p.m., Borough Assembly Chambers 12LEASE AV' IIP Ot„WIII E: Please rep ic.-nnlber to tuirin off diingeiirs �,:)n your cellll l lhoioes Or Iput tIV°mi, ri on vibrate. 1. INVOCATION Major Michael Bates of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly members Griffin and Peterson who are absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: e *Regular Meeting Minutes of April 2, 2015. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting Minutes of April 2, 2015. 6. AWARDS AND PRESENTATIONS A. Municipal Clerks Week Proclamation— Mayor Friend e Accepting: Nova Javier, Borough Clerk B. Safe Boating Week Proclamation— Mayor Friend Accepting: Kodiak Flotilla Commander Wes Hanna C. Providence Kodiak Island Medical Center's Update - Mr. Don Rush, Chief Executive Officer Kodiak Island Borough Assembly Guidelines May 7, 2015 Page 1 D. Presentation on the Salonie Creek Archeological Site - Patrick Saltonstall, Alutiig Museum and Archeological Repository E. Clerk's Office Update to the Assembly—Clerk Javier 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Tall Free is 1-855-492-9202. n„11lease asl(sll„reakc..n°s fo: 1. siigiu°m i1°iii 2., state theiui,° ii°marne for till°me rrrecoird 3, turr oiiri the rniciro,phoine before speaking 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2015-10 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.35 Rea!Property Tax. Recommended motion: Move to adopt Ordinance No. FY2015-10. Clerk's Note: A substituted version is attached on yellow paper. Recommended motion: Move to amend by substitution Ordinance No. FY2015- 10 ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION: Staff Report— Manager Cassidy Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MAIN MOTION AS AMENDED: Kodiak Island Borough Assembly Guidelines May 7, 2015 Page 2 B. Ordinance No. FY2015-11 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.40 Personal Property Tax. Recommended motion: Move to adopt Ordinance FY2015-11. Staff Report—Manager Cassidy Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS— None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2015-30 Bayside Fire Station Generator Procurement. Recommended motion: Move to authorize the Manager to execute Contract No. FY2015-30 with Pacific Power Generation of Anchorage, AK for the Bayside Fire Station Generator Procurement in an amount not to exceed $28,888. Staff Report—Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions— None. Kodiak Island Borough Assembly Guidelines May 7, 2015 Page 3 C. Ordinances for Introduction 1. Ordinance No. FY2015-01 B Amending Ordinance No. FY2015-01 Fiscal Year 2015 Budget by Amending Budgets to Account for Various Revenues That Are Over Budget, Accept Grants, and Provide for Additional Expenditures. Clerk's note: A corrected copy is attached on SEEM Recommended motion: Move to adopt Ordinance No. FY2015-01B in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report—Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items 1. Approval of donation of Borough Owned Alutiiq Artifacts to the Alutiiq Museum. Recommended motion: Move to approve the transfer of Borough owned Alutiiq artifacts to the Alutiiq Museum reflected in the attached letter in celebration of the Alutiiq Museum's 20th anniversary. Staff Report—Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please asli( slpea'keirs to: 1. Sign In 2. state tlllielr° irrarne for tlimm.* record 3. turn oirr the rniciii--ophone before sf,eaklling 15. ASSEMBLY MEMBERS' COMMENTS Announcements—Mayor Friend The next Assembly work session will be held on Thursday, May 14 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, May 21 at 7:30 p.m. in the Borough Assembly Chambers. 118. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines May 7, 2015 Page 4 ...... �. :... Z . ......... ................ .............. x C L. a) c .. � ® -c � c ..c p ❑ '- Q C/D Q J Q 5 O m N <,® ' F-- _ m 2 co L �' y L W ❑ c N W °° -o w U) o = ay v .. J Z ❑ o 1J V ?� W N L C i to cii c J N � 2 0 H cr°°— m .................................... ��� �. ...., ., aD z ` 0 � (D 'r 90 cn N W E L > , �,. Q W c u�n� as 0 Cl) m x o L c ca -0 .c � °a c 2 - Lj on LL ta m N 0 p o.o O 0 m iri E ,c ❑ �; _ o .. 2 C6 CL C.. b 6 ` E 41 W. N _ d x O Q (� E L CIr c N y G a O Z n O c c lt`_ ; � a .0 Y L m �, o ¢ c, L E U Q J J N Q H ire,. �, m E m N . CD . .... ...�, ....... .. .. ..�, �w = E z m w ��_. ��•�mm L � o CC-) W per.' -o O E U r •� � N 9' top (A ��w .. � . ..�..... .r C � 'p 9 L m � p i. 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W „ w co E CL u� N L z U- J _ Cl QL V ®+ uj J - J > 2!0 ILL n. E. m�ro . CD J 0 C CL m LO M W uj 437 CL w W �i cri(Av p O — .. ii C3 —i CL cc � H 0 u -a O c� e ixry O �. C] "'" u' Z ' � r Q `` cr 4 co "�' �' Y Q crj ILL cry L .— p m) r .. r° uL CL E2 Y ) 0 �' EL it N m.. ca ca 0 0 CD tzo > •�- �� ® P 4 .! . 2a) cu < C Lo 0 fu.. ® > Q� o °cc cn CD c cc Ui KODIAK ISLAND BOROUGH Regular Meeting Regular Meeting of: Please IIII IIII° IIIIII ""1111" your,name Please 1�,°tiIII "" our name f` •gym ....... ........ �.. ,,. WWWWRi Wfl W f M�, Minutes of this and other assembly meetings as well as copies of agenda items are available at the Borough Clerk’s Office or on the Kodiak Island Borough’s website www.kodiakak.us. The next regular meeting of the Kodiak Island Borough Assembly is scheduled on Thursday, May 21, 2015, at 7:30 p.m. in the Borough Assembly Chambers. At its Regular Meeting of May 7, 2015, Kodiak Island Borough Assembly Took the Following Actions: PROCLAIMED May 3 Through May 9, 2015 Municipal Clerks Week Extending Appreciation to Borough Clerk Nova Javier, Deputy Clerk Jessica Kilborn, Assistant Clerk Angela MacKenzie, and to all Municipal Clerks for the Vital Services They Perform and Their Exemplary Dedication to the Community They Represent. PROCLAIMED May 16 Through May 22, 2015 as Safe Boating Week Urging Everyone to Support the Goals of the North American Safe Boating Campaign. RECEIVED an Update by Mr. Don Rush, Chief Executive Officer, Providence Kodiak Island Medical Center. RECEIVED a Presentation on the Salonie Creek Archeological Site by Patrick Saltonstall, Alutiiq Museum and Archeological Repository. RECEIVED an Update on the Clerk’s Office Department by Borough Clerk Nova Javier. AMENDED, POSTPONED Ordinance No. FY2015-10 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.35 Real Property Tax to the Next Regular Meeting of the Assembly. POSTPONED Ordinance No. FY2015-11 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.40 Personal Property Tax to the Next Regular Meeting of the Assembly. AUTHORIZED the Manager to Execute Contract No. FY2015-30 With Pacific Power Generation of Anchorage, AK for the Bayside Fire Station Generator Procurement in an Amount not to Exceed $28,888. ADVANCED Ordinance No. FY2015-01B Amending Ordinance No. FY2015-01 Fiscal Year 2015 Budget by Amending Budgets to Account for Various Revenues That are Over Budget, Accept Grants, and Provide for Additional Expenditures in First Reading to Advance to Public Hearing at the Next Regular Meeting of the Assembly. APPROVED the Donation of Borough Owned Alutiiq Artifacts to the Alutiiq Museum. Vol. FY2015, No. 23 May 8, 2015 Kodiak Island Borough Assembly Newsletter