2015-06-25 Work Session Kodiak Island Borough
Assembly Regular Work Session
Thursday, June 25, 2015, 7:30 p.m., Borough Conference Room
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting
agenda packet and seek or receive information from staff.Although additional items not listed on the work session agenda
are discussed when introduced by the Mayor,Assembly,or staff,no formal action is taken at work sessions and items that
require formal Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions
are NOT considered part of the official record. Citizen's comments intended for the"official record"should be made at a
regular Assembly meeting.
Page
1. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
2. AGENDA ITEMS
3 a. Non Profit Funding Discussion
Nonprofit Information.pf
4 - 16 b. Discussion on the Proposed Ordinance No. FY2016-02
Amending Title 2 Administration and Personnel by Adding
Chapter 2.160 Borough Lands Committee.
Ordinance Y2016-02 Lands Committee Ordinance D AT.pf
Ordinance Y2016-02 Lands Committee Backup Information.pf
17 - 23 C. Boat Tax Exemptions - Assembly Direction
Ordinance No. Y2015-11 Amending Various Secti.pf
24 - 30 d. Fisheries Analyst April 8, 2015 Meeting Summary and June 11,
2015 NPFMC Meeting Report.
2015-04-08 KFWG April Meeting Summary.pf
2015-06-11 NPFMC Meeting eport.pf
3. PACKET REVIEW
PUBLIC HEARING
Contract No. FY2016-07 Memorandum of Agreement for CIAP Village
Metals Project.
UNFINISHED BUSINESS
Resolution No. FY2015-23 Supporting the Subsistence Access
Management Act of 2015.
NEW BUSINESS
CONTRACTS
Contract No. FY2016-05 Road Maintenance and Repairs, Snow
Removal and Sanding, and Small Projects Under $25,000 for KIB
Facilities and Grounds.
Page 1 of 30
Contract No. FY2016-06 Road Maintenance and Repairs, Snow
Removal and Sanding for Womens Bay Service Area.
Contract No. FY2016-08 Recycling Services with Threshold Services,
Inc.
RESOLUTIONS
Resolution No. FY2016-03 Appointing Members to the Kodiak
Fisheries Development Association.
OTHER ITEMS
Declaring a Seat on the Assembly Vacant (Ms. Carol Austerman).
Confirmation the Mayoral Appointment to the Planning and Zoning
Commission City Seat (Mr. Kyle Crow).
4. MANAGER'S COMMENTS
5. CLERK'S COMMENTS
6. MAYOR'S COMMENTS
7. ASSEMBLY MEMBERS COMMENTS
FUTURE DISCUSSION ITEMS
a. Budget Debriefing, Budget Meetings with the City/School District,
Renewal and Replacement Projects Funding, SD Mental Health
Services Provided by the Counseling Center, School District
Rental Rates, KIB Vacant Positions, Public/Private Land
Development Partnership, MHP Land Sale, Teleconferencing
Ordinance, In-Kind Documents, Action Plans, Vessel Personal
Property Taxes, Traffic Along Mill Bay Road, KFAC Structure and
Purpose, Affordable Housing in Kodiak, Village Presentations at
Regular Meetings
Visit our website at LIKE us on Facebook: UJU Follow us on Twitter:
www.kodiakak.us 91 www.facebook.com/Kodiaki @KodiakBorough
Page 2 of 30
AGENDA ITEM #2.a.
Due to the size of the nonprofit binders,a separate folder/tab was created and the information is
available on the following links:
Final Open PDF: ID=16154
Final Open Splitscreen: ID=16156
Below is a screenshot of the information that is available to the Assembly and the public:
Related Information
NPIFA'16 Senior Citizens of Kodialk.locif
20,16 Non Profit Funchng AppIlication
Rating Sheet.pdt'
FY2016 informational Spreadsheet Firal.pdf
City of Kodiak Process
Response City of Kodijalk Novi Profit Prooess pdf
Page 3of3U
Non Profit Funding Discussion
AGENDA ITEM #2.b.
1
2 Introduced by: Borough Mayor
Requested by: Borough Mayor
3 Drafted by: Borough Mayor/Borough Clerk
4 Introduced: 06/04/2015
5 Public Hearing:
6 Adopted:
7 KODIAK ISLAND BOROUGH
8 ORDINANCE NO. FY2016-02
9
10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
11 BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL BY
12 ADDING CHAPTER 2.160 BOROUGH LANDS COMMITTEE
13
14 WHEREAS, Per KIBC 2.100.020, the Assembly, by ordinance, may provide for advisory,
15 regulatory, appellate or quasi-judicial boards or commissions. The ordinance adopted shall
16 prescribe the duties and qualifications of members; and
17
18 WHEREAS, the Borough Lands Committee will provide a forum for input and
19 recommendations to the and Planning and Zoning Commission; the committee is responsible
20 for review of real property acquisition and disposal of borough land; and
21
22 WHEREAS, SUNSET PROVISION? If a sunset provision is not specified, this will be
23 up for reestablishment at the end of year 2017 along with the other boards,
24 committees, and commissions of the Assembly.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
27 BOROUGH THAT:
28
29 Section 1: This ordinance is of a general and permanent nature and shall become a part
30 of the Kodiak Island Borough Code of Ordinances.
31
32 Section 2: Title 2 Administration and Personnel is hereby amended to add Chapter 2.160
33 Borough Lands Committee in the Kodiak Island Borough Code.
34
35 Chapter 2.160
36 BOROUGH LANDS COMMITTEE
37 Sections:
38 2.160.010 Created–Membership.
39 2.160.020 Organization.
40 2.160.030 Term-Compensation.
41 2.160.040 Powers and duties.
42 2.160.050 Administrative assistance.
43
44 2.160.010 Created— Membership. There is created a borough lands committee consisting of
45 the mayor, two (2) assembly members, one (1) borough representative and one (1) city
46 representative from the planning and zoning commission, one (1) representative from the
47 Kodiak native organizations, and one (1) at large member from the public. All members are
48 appointed in accordance with section 2.100.030 and shall meet the qualifications of section
49 2.100.040 of this title. The borough resource management officer and community
50 development director shall serve as ex-officio members.
51
52 2.160.020 Organization. The committee shall designate its chair and vice -chair at the first
53 meeting of the calendar year and shall hold at least one (1)quarterly meeting.
Kodiak Island Borough,Alaska Ordinance No. FY2016-02
Page 1 of 3
Page 4 of 30
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.b.
54
55 2.160.030 Term —Compensation.
56 A. The mayor shall appoint two (2) assembly members during the annual appointment of
57 assembly member representatives to boards and committees. The Commission shall make
58 recommendations to the mayor for appointment of their members on an annual basis. The
59 representative from Kodiak Native Corporations and the at large member from the public will
60 serve for three year terms.
61
62 B. Members of the committee shall serve without compensation. The mayor, assembly
63 members, and commissioners will receive their existing compensation related to their duties
64 as provided for in this title.
65
66 2.160.040 Powers and duties. The borough lands committee will work to (some of the
67 wording came from strategic plan) need mayors input as it is of utmost importance that
68 powers and duties are clear to avoid confusion
69 A. Assist in identifying creative and workable solutions to ongoing and emerging issues in
70 selection, acquisition, management, and disposal of borough real property and
71 resources.
72 B. Provide input for potential land sale plans.
73 C. Provide input for utilization of borough land that achieves multiple land and housing
74 options.
75 D. Collaborate and seek input with private land owners when considering whether
76 borough land should be developed.
77 E. Provide for balanced consideration and representation of the viewpoints, problems
78 and issues regarding borough real property and resources.
79 F. Provide a forum for discussing development of specific sites and projects.
80 This is what exists in Title 18 for the Commission. Please review and consider to avoid
81 overlap.
82
83 REAL PROPERTY ACQUISITION - 18.10.030 Review.
84
85 Upon acquisition of any real property, including real property acquired by tax
86 foreclosure, but excluding real property acquired for a specific purpose or project, the
87 planning commission shall review the newly acquired land and make
88 recommendations as to whether all or any portion of the land should be devoted to
89 public use, reserved for future use to meet projected borough requirements, or made
90 available for sale, lease or other disposition in conformance to the borough
91 comprehensive land use plan. The manager shall review the planning commission
92 action and make recommendations to the assembly.
93
94 REAL PROPERTY DISPOSAL – 18.20.030 Review by planning commission-
95 Assembly approval.
96 Except for disposal required by law:
97 A. Each disposal of borough land is subject to review by the planning commission
98 before submission to the assembly. The commission by resolution shall make a
99 recommendation to the assembly regarding the proposed land disposal.
100
101 B. Borough land disposals that are not subject to approval by ordinance are subject to
102 approval by assembly resolution. The resolution shall specify the terms and conditions
103 upon which the disposal will be offered.
104
105 2.160.050 Administrative assistance.
106 The resource management officer shall:
Kodiak Island Borough,Alaska Ordinance No. FY2016-02
Page 2 of 3
Page 5 of 30
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.b.
107 A. Refer to the committee, for its discussion, all non-emergency matters within the scope
108 of its powers and duties prior to presenting those matters to the planning and zoning
109 commission?
110 B. Transmit all recommendations and other communications from the committee to the
111 planning and zoning commission.
112 The clerk's office staff shall:
113 A. Work with the resource management officer in furnishing the committee with copies of
114 all requested documents and other information necessary or reasonably related to
115 committee functions.
116 B. Provide the committee with such supplies, meeting space, and secretarial assistance.
117
118 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
119 THIS _DAY OF_ __, 2015
120
121 KODIAK ISLAND BOROUGH
122
123
124
125 Jerrol Friend, Borough Mayor
126
127 ATTEST:
128
129
130
131 Nova M. Javier, MMC, Borough Clerk
Kodiak Island Borough,Alaska Ordinance No. FY2016-02
Page 3 of 3
Page 6 of 30
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.b.
KODIAK ISLAND BOROUGH CODE 18.10.040
Chapter 18.10 18.10.040 Designation of availability.
A. The assembly shall review all recommenda-
REAL PROPERTY ACQUISITION tions made pursuant to KIBC 18.10.030 and, by
resolution,may concur in,modify,or deny the rec-
Sections: ommended real property use.
18.10.010 Methods of land acquisition. B. The assembly may at any time on its own
18.10.020 Procedure. motion,or upon recommendation of the manager,
18.10.030 Review. review the status of any real property previously
18.10.040 Designation of availability. reviewed and change the designation of availability
with conformance to the borough comprehensive
18.10.010 Methods of land acquisition. land use plan.
The borough may acquire real property or other C. Any resolution stating real property availabil-
interests therein by the following methods: ity may include such terms,conditions,and proce-
A. Entitlement properties from the state of dures as may be required to protect the borough's
Alaska in accordance with AS 29.65.010; interest consistent with this title. [Ord. 98-25 §2,
B. Properties acquired through tax foreclosure; 1998; Ord. 84-61-0 §10, 19844; Ord. 78-7-0 §2,
C. Negotiated purchase or lease for valuable 1978].
consideration;
D. Dedication,grants,or gifts;
E. Deed in full or partial satisfaction of debt
owed to the borough;
F. Exercise of the powers of eminent domain
and declaration of taking in accordance with AS
29.35.030;
G. Land or interests in land to be acquired
through exchange;and
H. The borough may acquire real property or
any interest therein in such a manner as the
assembly may authorize.[Ord. 87-36-0§2, 1987;
Ord.78-7-0§2, 19781.
18.10.020 Procedure.
Real property acquired under KIBC 18.10.010
small be acquired pursuant to a resolution of the
assembly.Such resolution may set the terms,con-
ditions,and manner of acquisition of the real prop-
erty or interest therein.[Ord.78-7-0§2, 1978].
18.10.030 Review.
Upon acquisition of any real property, including
real property acquired by tax foreclosure, but
excluding real property acquired for a specific pur-
pose or project, the planning commission shall
review the newly acquired land and make recom-
mendations as to whether all or any portion of the
land should be devoted to public use,reserved for
future use to meet projected borough require-
ments, or made available for sale, lease or other
disposition in conformance to the borough compre-
hensive land use plan.The manager shall review
the planning commission action and make recom-
mendations to the assembly.[Ord.98-25§2,1998;
Ord.84-61-0§10, 1984;Ord.78-7-0§2,1978].
18-3 (Revised 4109)
Page 7 of 30
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.b.
18.20.010 REAL PROPERTY DISPOSAL—IN GENERAL
Chapter 18.20 18.20.030 Review by planning commission—
Assembly approval.
REAL PROPERTY DISPOSAL—IN GENERAL Except for disposal required by law:
A. Each disposal of borough land is subject to
Sections: review by the planning commission before submis-
18.20.010 Application of chapter and title to real sion to the assembly. The commission by resolu-
property disposal. tion shall make a recommendation to the assembly
18.20.020 Disposal authority. regarding the proposed land disposal.
18.20.030 Review by planning commission— B. Borough land disposals that are not subject
Assembly approval. to approval by ordinance are subject to approval by
18.20.040 Disposition and sale of tax-foreclosed assembly resolution. The resolution shall specify
properties. the terms and conditions upon which the disposal
18.20.050 Election required. will be offered.[Ord.80-28-0§11, 19801.
18.20.060 Applications.
18.20.070 Qualifications of applicants and 18.20.040 Disposition and sale of tax-
bidders. foreclosed properties.
18.20.080 Deposit costs. The assembly, by ordinance, shall provide for
18.20.090 Development plans. the disposition or sale of tax-foreclosed land,
18.20.100 Disposal for fair market value. including the retention of such property by the bor-
18.20.110 Repealed. ough for a public purpose, in accordance with AS
18.20.120 Land disposal methods. 29.45.460.[Ord.80-28-0§1,1980].
18.20.130 Appraisal.
18.20.140 Public notice. 18.20.050 Election required.
18.20.150 Repealed. The sale, lease or other permanent disposal of
18.20.155 Award—Rejection of bids or borough land valued at$250,000 or more per par-
proposals. cel to any single individual,partnership or corpora-
18.20.160 Disposal by conveyance. lion by means other than outcry auction shall, in
18.20.170 Definitions. addition to conforming to this title, be subject to
approval by ordinance ratified by a majority of the
18.20.010 Application of chapter and title to qualified voters voting at a regular or special elec-
real property disposal. tion at which the question of the ratification of the
A. Except as this title provides otherwise, this ordinance is submitted.Notice of the election shall
chapter governs all disposal of borough land. be given in accordance with KIBC Title 7.[Ord.86-
B. No contract,lease or conveyance pertaining 40-0§2,1986;Ord.80-28-0§1, 1980].
to the disposal of real property by the borough may
be enforced against the borough unless the con- 18.20.060 Applications.
tract,lease or conveyance was awarded,approved A. Application for a disposal of borough land
and executed in accordance with this title. under this title shall be filed with the community
C. This section shall not be construed to invali- development department. Only applications com-
date any contract,or any legal or equitable interest pleted in full and accompanied by a nonrefundable
in real property, existing prior to its enactment. filing fee as set forth in the current fiscal year
[Ord.80-28-0§1, 1980]. schedule of fees and charges will be accepted.
B. The filing of an application shall not in any
18.20.020 Disposal authority. way vest in the applicant any right to the borough
Except where this title or another provision of land or to the use thereof applied for.(Ord.83-66-
law establishes a specific mandatory procedure for O§1, 1983;Ord.80-28-0§1,1980].
disposing of borough land, the borough may dis-
pose of borough land in any manner not prohibited 18.20.070 Qualifications of applicants and
by law.[Ord.80-28-0§1, 1980]. bidders.
An applicant or bidder for a disposal of borough
land is qualified if the applicant or bidder is:
A. A citizen of the United States or has filed a
declaration of intention to become a citizen, and is
18 years of age or over;
(Revised 4109) 18-4
Page 8 of 30
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.b.
KODIAK ISLAND BOROUGH CODE 1$,20.100
E. A group,association,or corporation which is C. Development plans not meeting minimum
authorized to conduct business under the laws of standards will be returned to the applicant for revi-
Alaska;or sion and resubmission within 10 days after return
C. Acting as an agent for a person qualified to the applicant. Applicants submitting develop-
under subsection A or B of this section and has ment plans failing to meet minimum standards
filed with the manager or designee,prior to the time shall not be qualified to bid.Each applicant submit-
set for the disposal, a proper power of attorney or ting a development plan shall be notified in writing
a letter of authorization creating such agency.The of the decision to accept or reject the individual®s
agency shall represent only one principal, to the development plan.
exclusion of himself.[Ord.96-25§2,1995;Ord.64- O. Minimum standards of a development plan
1-0§10, 1984;Ord.60-26-0 1, 1960], are as follows:
1. A layout sketch to show reasonable use of
16,20.060 Deposit costs. the area being offered and nature of improvements
A. The applicant may be required, upon 30 to be constructed;
days'written notice,to deposit with the borough an 2. The estimated value of the capital
amount equal to the estimated costs of processing improvements to be placed on the land and type of
an application for the disposal of borough land, construction;
including but not limited to costs of survey, 3. A development schedule showing the
appraisal,and advertising of the area subject to the time-frame in which the improvements will be con-
application. If the applicant fails to make the structed;
deposit, the application shall be canceled. If the 4. The proposed development shall conform
applicant does not accept a disposal contract to the zoning and building codes and all applicable
within 30 days after receiving an offer thereof, all federal,state,and local laws;and
deposit money spent or encumbered for survey, 5. Other requirements as may be stated in
appraisal,or advertising shall be forfeited,and the the request for bids or proposals for the disposal.
balance,if any,shall be returned to the applicant.If E. The manager may require proof of an appli-
the real property that is the subject of a cost deposit cant's financial capability to complete the proposed
is conveyed to another,the latter shall be required development.
to pay the actual costs of application processing, F. The development plan and schedule for
survey,appraisal,and advertising,and the original development may be incorporated into the disposal
deposit shall be returned to the depositor. Where contract for enforcement of Its completion. [Ord.
the applicant becomes the purchaser, the full 96- 5§2, 1996;Ord.64-61-0§10, 1964; Ord.60-
amount of any deposit by the applicant shall be 26-0§1, 196%
credited to payments due under the contract. All
survey, appraisal, and advertising shall be per- 18.20.100 Disposal for fair market value.
formed only under the authorization of the bor A. Except as otherwise provided by this title or
ough, and any such work performed without such another provision of law, all disposal of borough
authorization will not be accepted. land shall be for the fair market value of the interest
B. The manager may establish an application disposed of.The borough may accept in exchange
processing fee schedule for applications having for borough land any consideration of sufficient
similar circumstances. [Ord. 6®25 2, 19968 Ord. value not prohibited by law.
64-61-0§10, 1954;Ord.60-26-0 1, 1960]. B. The borough may dispose of borough land to
the United states,the state of Alaska,or any olit-
18.20.090 Development plans. ical subdivision thereof, or a nonprofit corporation
A. To qualify to bid for a disposal requiring a or association,for less than the fair market value of
development plan,a prospective bidder shall sub- the interest disposed of, upon a finding by the
mit to the manager plans for the contemplated assembly that the disposal will allow the use of the
development conforming to the specifications in land for a public purpose beneficial to the borough.
the request for bids or proposals. It may do so by direct negotiation with the organi-
. The time for submitting development plans zation acquiring the land, without conforming to
shall be stated in the request for bids or proposals KI c 16. .120 through 16.20.155, unless other-
for the disposals wise directed by the assembly. [Ord. 66-40-0 ,
1966;Ord.60-26-0 1, 1960].
Page 9 of 30
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.b.
18.20.110 REAL PROPERTY DISPOSAL—IN GENERAL
18.20.110 Land disposal procedure—In 18.20.150 Award—Rejection of bids or
general. proposals.
18.20.120 Land disposal methods. 18.20.155 Award—Rejection of bids or
The assembly may select any of the following proposals.
disposal methods: A. Borough land disposal by competitive bid-
A. Where specifically permitted under this title, ding or proposals shall be awarded to the highest
direct negotiations with interested parties who seek bidder at the time the bids or proposals are opened
to acquire borough land; in accordance with the criteria set forth in the reso-
B, Invite sealed bids for borough land,specify- lution required under KIBC 18.20M0.
Ing the time and place for receiving bids and the B. If the assembly finds it to be in the best inter-
minimum acceptable bid� est of the borough to do so,it may reject all bids or
C. Offer borough land for sale at public auction, proposals up to the time set for the opening of the
specifying a minimum acceptable bid;or bids or proposals.[Ord.86-40-0§4, 1986]
D. Invite proposals to purchase borough land.
The invitation shall specify the basis upon which 18.20.160 Disposal by conveyance.
proposals shall be evaluated, which may include Any instrument pertaining to the conveyance of
but need not be limited to the proposed acquisition borough land and requiring execution by the bor-
price,the quality of proposed development of land ough shall be executed by the mayor or his desig-
and its benefit to the community,the qualifications nee,attested by the clerk,and approved as to form
and organization of the proposer, the value of the by the attorney.[Ord.84-61-0§10, 1984:Ord.80-
proposed improvements to the land and the rents 28-0§1, 198%
or resale prices to be charged by the proposer.
[Ord.80-28-0§11, 1980]. 18.20.170 Definitions,
As used in this chapter:
18.20.130 Appraisal. 'Borough land'means any real property or inter-
Borough land shall be appraised within 90 days est therein owned by the Kodiak island Borough;
prior to the date fixed for its disposal.The appraisal 'Contract" means a legally enforceable agree-
shall be performed by the assessor or a qualified ment of any kind,including an option,regardless of
appraiser and reflect the fair market value of the what it may be called;
land and borough improvements located thereon, "Disposal" means any transfer of real property
[Ord.80-28-0§1, 19801, authorized under this title;and
"Real property"means any interest in real prop-
18.20.140 Publicnotice. erty under the law of the state of Alaska,including
Notice of disposal of borough land by competi- but not limited to a fee, easement, or leasehold
tive bidding or proposals,or at public auction,shall, interest, and a revocable license or permit to use
at a minimum,be published in a newspaper of gen- real property.[Ord.80-28-0§1, 1980].
eral circulation within the borough once each week
for two successive weeks, not less than 20 days
prior to the date of the auction or opening of bids or
proposals, and shall be posted in at least three
public places within the borough,one of which shall
be in the community nearest to the subject borough
land,for at least 30 days prior to the disposal.Addi-
tional notice may be given by any means deter-
mined to be reasonable by the manager or the
assembly.The notice must contain a brief descrip-
tion of the land, its size and general location, the
proposed use, term, minimum offer, limitations, if
any, and time and place set for the auction or bid
Page 1Uof3U
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.b.
KODIAK ISLAND BOROUGH CODE 11835MO
Chapter 18.30 Chapter 18.35
SALE OF BOROUGH LAND TRESPASS
Sections, Sections:
18.30.010 Sale of borough land valued at$5,000 18-35-010 Trespass—Unlawful,
or less. 18.35MO Trespass—Defined.
18,30020 Terms of sale. 11835MO Posting.
1830.030 Payment. 18.35.040 Enforcement.
M30.040 Conveyance by quitclaim deed. 11835,050 Penalties and remedies.
1830.050 Covenants,conditional conveyances.
* Prior ordinance history:Ord,79-5-0.
18.30.0110 Sale of borough land valued at
$5,000 or less. 18.35.010 Trespass—Unlawful.
The sale of borough land acquired from the state It is unlawful for any person,firm or corporation
and valued at$5,000 or less shall be in the manner to commit a trespass upon property owned or con-
and by terms established by resolution of the trolled by the borough.[Ord.83-7-0(A)§1, 1983].
18.35.020 Trespass—Defined.
18.30.020 Terms of sale. Any of the following acts,by any person,firm or
The assembly shall determine the terms upon corporation, are among those that constitute tres-
which borough land is to be sold at the time the dis- pass and are a violation of the provisions of this
posal is approved, or, if the assembly directs that chapter:
purchase proposals be invited,the assembly may A. An unauthorized entry or remaining upon
provide that proposals include the terms of the borough property in violation of a notice posted or
sale.[Ord.80-28-0§1, 198% exhibited at the main entrance to the premises;
B. The pursuit of any course of conduct or
18.30.030 Payment. action in violation of a notice posted or exhibited at
At the time of sale or auction, the purchaser the main entrance to borough property or at any
shall pay to the borough not less than 10 percent of point of approach or entry,or given orally or in writ-
the minimum appraised value established for the ing by an authorized agent of the borough;
sale parcel,The difference between the 10 percent C A failure or refusal to depart from borough
minimum appraised value and 10 percent of the property upon request to do so orally or in writing
total price bid for the parcel shall be paid to the bor- by an authorized agent of the borough;
ough at the time the purchase contract is executed. D. The cuffing down, injury or removal of trees
The balance of the purchase price shall be paid, or timber from borough property without written
and its payment secured, in accordance with the permission from an authorized agent of the bor-
terms of the sale approved by the assembly.[Ord. ough;
80-28-0§1, 1980]. E. The digging,taking, quarrying or removal of
minerals, earth, or stone from borough property
18.30.040 Conveyance by quitclaim deed. without written permission from an authorized
Unless the terms of sale approved by the agent of the borough;or
assembly provide otherwise, all conveyances of F. Littering in or on borough property.[Ord.83-
borough land shall be by quitclaim deed. [Ord.80- 7-O(A)§11, 1983].
18.35.030 Posting.
18.30.050 Covenants,conditional The manager or designee is authorized to cause
conveyances. the posting of signs on or around borough property,
A conveyance of borough land shall be subject buildings, or other areas advising that such prop-
to such covenants, conditions and restrictions, or erty, building or area is restricted as to public use
powers of termination,as the assembly in the pub- or access.[Ord.98-25§2,1998;Ord.84-61-0§10,
Page 11 of 30
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.b.
18-35,040 LEASING OF REAL PROPERTY OR INTEREST THEREIN
............
18.35040 Enforcement. Chapter 18040
Appropriate action may be taken by the man•
ager or designee at any time,or from time to time, LEASING OF REAL PROPERTY OR
to enforce the provisions of this chapter or to pre- INTEREST THEREIN
vent violations thereof. [Ord.98-25§2, 1998;Ord.
34-61-t3§10, 1984;Ord.83-7-0(A)§11, 19831. Sections:
18.40.010 Leasing procedures.
18.35050 Penalties and remedies. 18.40.020 Negotiated leases,
A, A person who violates the provisions of this 18,40.030 Term of lease.
chapter is guilty of a misdemeanor and upon con- 113,40,040 Terms and conditions of leases.
viction is punishable by a fine of not more than 18.40.050 Minimum acceptable annual rental.
$300.00,in addition to the surcharge required to be 13,40,060 Deposit and receipt.
imposed under AS II2,55,039, 18.40.070 Payment of annual rentals,
B. Notwithstanding the availability of any other 18.40.080 Adjustment of rental,
remedy,the borough or any aggrieved person may 113,40.090 Use of material.
bring a civil action to enjoin any violation of this 13.40.100 Lease utilization.
chapter, or to obtain damages for any injury the 18.40.110 Subleasing.
plaintiff suffered as a result of the violation. 18.40.120 Forfeiture of rental.
C. Each act or condition violating this chapter, 18.40.130 Expiration of lease,
and each day during which the act or condition 13.40.140 Removal or reversion of
exists, continues or is repeated, shall be a sepa- improvements upon termination of
rate and distinct violation. lease.
D. The penalties provided for violation of this 18.40.150 Right-of-way.
chapter are in addition to and not in lieu of any
other penalty provided for in state law or any civil 18.40.010 Leasing procedures.
remedy available to the borough.[Ord. 98-26§10, Unless otherwise provided by an assembly res-
1998; Ord. 83-37-0§5, 1983; Ord. 83-7-0(A)§11, olution,the land leasing procedures established by
1983]. this title shall be utilized in the leasing of any bor-
ough land.[Ord.78-7-0§2, 1978].
18.40.020 Negotiated leases.
A. The assembly may approve by resolution the
issuance of a negotiated lease for a period not to
exceed five years if the annual rental value of the
property is $500.00 or less and no competitive
interest for the property is apparent.
B, The assembly may approve by resolution the
issuance of a negotiated lease for a period not to
exceed 25 years to a nonprofit corporation or pub-
lic utility at a reasonable rental rate taking into con-
sideration the purpose for which the real property
is to be used.
C, A nonprofit corporation applying for a negoti-
ated lease in subsection B of this section may be
required to provide the following:
1. A copy of its articles of incorporation in the
state of Alaska,
2. Verification that it is exempt from paying
federal and state income tax;
& A use plan to verity the need of the real
property requested;and
4, A statement of public service being pro-
vided to the community and its availability for
enjoyment by all citizens of the borough.
...............
18-8
Page 12 of 30
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.b.
Chapter 2.60 RESOURCE MANAGEMENT OFFICER Page 1 of 1
Chapter 2.60
RESOURCE MANAGEMENT OFFICER
Sections:
2.60.010 Resource management officer.
2.60.020 Duties.
2.60.010 Resource management officer.
The resource management officer shall be responsible for planning and supervising the selection,
acquisition, management,and disposal of borough real property and resources. [Ord.85-26-0§2,
1985. Formerly§2.23.010].
2.60.020 Duties.
The resource management officer shall administer the selection, acquisition, and exchange of land
programs;the disposal of borough surplus lands and resources, including the assessment for the
demand of land;coordinate land management activities for survey, appraisal,and zoning;acquire
easements and rights-of-way for roads,sewer,water lines,and other municipal-operated utilities;
participate in land planning, economic development, resource management programs, and coastal
zone management decisions; hold public meetings;collect data relating to borough land and its
resource values; assist in the preparation of the department budget and formulation of departmental
policies and procedures; interface with other governmental agencies on land programs,supervise
resource specialists or technicians; provide a full range of planning and management activities;
provide a full range of land and resource disposal actions;and provide land acquisition actions. [Ord.
85-26-0§2, 1985. Formerly§2.23.020].
The Kodiak Island Borough Code is current through
Ordinance FY2015-09,passed January 22,2015.
Disclaimer:The Borough Clerk's Office has the official version of
the Kodiak Island Borough Code. Users should contact the
Borough Clerk's Office for ordinances passed subsequent to the
ordinance cited above.
v
http://www.codepublishing.com/AK/KodiakIslandBorough/htmUKodiakIslandBorough02/... 2/25/2015
Page 13 of 30
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.b.
KODIAK ISLAND BOROUGH
CLASS SPECIFICATION
MANAGEMENT SPECIALIST
(RESOURCE MANAGEMENT OFFICER)
CLASS SERIES PAY RANGE FLSA STATUS
Management Support 21.5 Non-Exempt
CLASS SUMMARY:
-This class is the first level in a two level Management Support series. Incumbents are
responsible for preparing written and graphical land management and use reports; maintaining
records on titles, sales and easements; conducting property related research; disposing of
foreclosed properties; identifying Borough owned property to sell; acquiring permits for land use;
and negotiating the purchase,acquisition or exchange of land resources.
ESSENTIAL DUTIES: PERCENT OF
This class specification represents only the core areas of responsibilities;specific position TIME
assignments will vary depending on the needs of the department.
eviews code, researches information and prepares land management and land Daily
use reports. Researches, reports and oversees property transactions related to 25%
land acquisition, disposal and exchanges. Reports on issues related to rezoning,
leases or public projects.
ecommends timing and method of public land disposal. Provides related Weekly
reporting regarding public land offerings,sales and conveyances. Coordinates 20%
documentation required for sales and disposals. Researches and determines the
location,value and use of public lands.
programs and land use plans and makes recommendations on development uses 10%
and growth of community tax base.
Provides support and technical assistance to staff, agencies and the private Monthly
sector and general public. Researches deeds, patents, plats,maps and a variety 5%
of documents regarding ownership status and property rights.
�din_ist'e_'rsa'__n records on titles, easements,sales and other related Monthly
documents. Reviews, compiles and completes legal documents for the sale, 5%
transfer, and conveyance of property.
1 Rfies property for public acquisition. Conducts negotiations with private land Quarie'r"i y........................
owners and native corporations regarding property purchases. 15%
Applies for and acquires permits for public works projects and public land use. Cluarterly
Resource Management Officer
Page 14of3U
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.b.
KODIAK ISLAND BOROUGH
CLASS SPECIFICATION
MANAGEMENT SPECIALIST
(RESOURCE MANAGEMENT OFFICER)
.............. ......__ ..,.o .....,
TRAINING AND EXPERIENCE:
I
Bachelor's Degree in Planning and 3 years of community development planning experience, including
prior real estate experience; or, an equivalent combination of education and experience sufficient to
successfully perform the essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
• State of Alaska Driver's License required.
Preferred Licensing/Certifications:
• International Right-of-Way Certification.
_............................................................................__._a_....................__........_______....w ............._..........__............................................................................................................................................................
KNOWLEDGE OF:
• Applicable Federal,state and local laws,codes, regulations and/or ordinances;
• Planning and zoning principles and practices;
• Land use concepts related to leases, easements, plats, patents and land titles;
• Land records and title transfer practices;
• Research methods;
• Negotiation techniques;
• Public administration processes;
• Modern office equipment.
SKILL IN:
• Interpreting and applying applicable laws,codes, regulations and standards;
• Researching data and analyzing alternative solutions;
• Reading,comprehending and interpreting land use documents and technical drawings;
• Negotiating land purchases;
• Administering and maintaining detailed records;
• Utilizing a computer and relevant software applications;
• Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc.sufficient to exchange or convey information and to receive work direction.
Resource Management Officer
Page 15 of 30
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.b.
KODIAK ISLAND BOROUGH
CLASS SPECIFICATION
MANAGEMENT SPECIALIST
(RESOURCE MANAGEMENT OFFICER)
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: walking, fingering, talking, hearing, seeing and repetitive
motions.
Light Work: Exerting up to 20 pounds of force occasionally, and/or up to 10 pounds of force frequently,
and/or negligible amount of force constantly to move objects. If the use of arm and/or leg controls
requires exertion of forces greater than that for Sedentary Work and the worker sits most of the time,
the job is rated for Light Work.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department. This job
description does not constitute an employment agreement between the employer and the employee
and is subject to change by the employer as the needs of the employer and requirements of the job
change.
CLASS HISTORY INFORMATION:
• Draft prepared by Fox Lawson&Associates LLC (BS) Date: 01/2013
• Adopted by KIB Ordinance 2014-16; 05/15/2014
• Finalized by KiB, Date: 08/2014
APPROV :
BOROUGH MANAGER DATE
Resource Management Officer 3
Page 16 of 30
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.c.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
i°'iffii'� AUGUST 20, 2015
rT ASSEMBLY REGULAR MEETING
11 fl Is Ok IW']/TII(' T, ''iT 110 ,IT'�''']I'I )1'011 Ti�
UCU'S'1'201 1T I"I�,CU.1 \II,WI TH'IC ( W 11TI?, Y
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:
This item was postponed from the May 21, 2015 regular meeting. The motion before the
Assembly is to adopt Ordinance No. FY2015-11.
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.
On May 7, 2015, this ordinance was postponed to the next regular meeting of the Assembly.
The motion to adopt Ordinance No. FY2015-10 is before the Assembly.
RECOMMENDED MOTION:
Move to adopt Ordinance No. FY2015-11.
Kodiak Island Borough
Page 17 of 30
Boat Tax Exemptions -Assembly Direction
AGENDA ITEM #2.c.
1 Introduced by: Borough Assembly
Requested by: Borough Manager
2 Drafted by: Borough Assessor
3 Introduced: 04/16/2015
4 Public Hearing: 05/07/2015
Postponed 05/21/2015
5 Adopted:
6
7 KODIAK ISLAND BOROUGH
8 ORDINANCE NO. FY2015-11
9
10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
11 BOROUGH AMENDING VARIOUS SECTIONS IN TITLE 3
12 REVENUE AND FINANCE CHAPTER 3.40 PERSONAL
13 PROPERTY TAX
14
15 WHEREAS, AS 29.45.050 (b) (2)allows a municipality to classify as to type and exempt or
16 partially exempt some or all types of personal property from ad valorem taxes;and
17
18 WHEREAS, KIBC 3.40.070 was written with the intention of taxing boats and vessels at a
19 rate determined annually by the assembly during the budget adoption process for boats with
20 an overall length longer than 20 feet, measured bow to stern, rather than on an ad valorem
21 basis;and
22
23 WHEREAS, the current tax rate on boats and vessels is $1 per foot with boats that are
24 equal to or less than 20 feet long exempt from tax;and
25
26 WHEREAS, the current tax rate of$1 per foot does not provide enough funds to make the
27 administration and maintenance of these accounts cost effective for the borough;and
28
29 WHEREAS, the borough collects both raw fish tax and severance tax from the fishing fleet;
30 and
31
32 WHEREAS, it is the intent of the Kodiak Island Borough Assembly to exempt boats and
33 vessels used for commercial purposes from property tax.
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
36 BOROUGH THAT:
37
38 Section 1: This ordinance is of a general and permanent nature and shall become a part of
39 the Kodiak Island Borough Code of Ordinances.
40
41 Section 2: Title 3 Revenue and Finance Chapter 3.40 Persona/ Property Tax is hereby
42 amended as follows:
43
44
Kodiak Island Borough,Alaska Ordinance No. FY2015-11
Page 1 of 6
Page 18 of 30
Boat Tax Exemptions -Assembly Direction
AGENDA ITEM #2.c.
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 � ,49:.949 CdaSF,144G 4014 o (boats ar7d..ve,*4F,
53 3.40.099 70 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
Page 19 of 30
Boat Tax Exemptions -Assembly Direction
AGENDA ITEM #2.c.
88 D. Pursuant to AS 29.45.050(b)(2), lboats and vessells used for (.-,ornrneirr(.-'11a1I purposes
89 suchi as corruneir,,11all fishilling, c1hairteirr lboat fishilling, oirr firrellghit haulliling, and 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
III 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 1 st 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 1 st assessment date;or
Kodiak Island Borough,Alaska Ordinance No. FY2015-11
Page 3 of 6
Page 20 of 30
Boat Tax Exemptions -Assembly Direction
AGENDA ITEM #2.c.
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 3.40.050 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
Page 21 of 30
Boat Tax Exemptions -Assembly Direction
AGENDA ITEM #2.c.
175
176 k)AS �",0 Idu dx�10(L}(��}, boats ar4d are clorrraa led dor od 0oXa4or4 as
177 special ca egory-crry shall be oared at Uie ra0e deOerr lned crrrrually by the assembly drmring
178 the budget adolcAion process for.boats w4h an overall Ieingth longer than 2n loco;--v i ea ured
179 bew 10!4eicn7 FcOeic 0I1or7...en cro ad valorem basis [Oicd ":" 11 dd...§„ 20:1..0, Fy I:^420yl6 :10
180 §2. 2(496:1 (drd ....9":) �4-0;..499x4 9c1.-140_0 4. P94::, §3 10 0du0 Code 4P/4
181 181 §3 gl 01..,,
182
183 3.40.09070 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
Page 22 of 30
Boat Tax Exemptions -Assembly Direction
AGENDA ITEM #2.c.
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 2015
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
Page 23 of 30
Boat Tax Exemptions -Assembly Direction
AGENDA ITEM #2.d.
Kodiak Fisheries Work Group (KFWG)
City of Kodiak and Kodiak Island Borough
Meeting April 8, 2015
Notes:
1.The written note provided by the Clerk at the beginning of each KFWG Agenda informs the public
that the work group is an"informal meeting of representatives of the City of Kodiak and the Kodiak
Island Borough to discuss issues with its Fisheries Analyst....Items that require formal action are
placed on a regular City Council and/or Borough Assembly meeting agenda."
2.The following summary of the meeting is provided by the Fisheries Analyst to help inform the
public about the main issues discussed,and is not intended to constitute formal minutes of the
meeting.Administrative Notes after each meeting are also provided by the City or Borough staff,and
included in the meeting packet for the following KFWG meeting,available on the City or Borough
website prior to that meeting.
Present were Co-Chairs John Whiddon and Chris Lynch,members Terry Haines and
Larry LeDoux, Borough Manager Bud Cassidy and support staff,and Fisheries
analyst Heather McCarty by phone.
There was no public comment at the start of the meeting.
a) Representative Louise Stutes was not able to be on the phone due to legislative
business;Whiddon said that Rep.Stutes may provide written reports in the future in
the event she is unable to attend in person or telephonically.
b) GOA Trawl Bycatch Management(GTBM) action
The FWG discussed the plans for the Community Roundtable Forum on GTBM -
logistics,meeting space,participants,key issues,facilitator.The group was provided
with the names of volunteers from the public as well as the key issues suggested by
the public as a result of the advertising.
The group agreed that the intent of the forum was to discuss the GTBM issue only,
while also agreeing that many fisheries issues were important to the public. Haines
and LeDoux said that it was important to continue to have discussion forums for
other issues.
The group agreed to keep the starting time at 8:30 for the forum,as visitors from
elsewhere will be able to come in and leave on the same day.They also agreed to
place public comment at the end of the meeting,and provide plenty of time;that
portion could go longer than 12:30 if necessary.
The group agreed to place Sam Cunningham and Nicole Kimball at the table with the
participants and the FWG members.
Page 24 of 30
Fisheries Analyst April 8, 2015 Meeting Summary and June 11,...
AGENDA ITEM #2.d.
Looking at the list of volunteers,the group agreed to keep all the names on the list,
with the exception of asking one Afognak group with two volunteers to consolidate
into one. There will be 12 participants from the public,and they will be notified
immediately.
Considering the list of key issues provided by the public,it was agreed that they
should be grouped into categories. Haines said he saw two broad issues: achieving
the direct program goals,and avoiding negative impacts on the community.The
group agreed it would be beneficial to focus on the primary decision points. Haines
pointed out that there has been one major change recently,with Sam Cotten
signaling that a catch share program may not be the solution.
Whiddon said that the forum should begin with a historical perspective for the
public. Cunningham and Kimball can do a summary. LeDoux agreed that one output
from the forum could be a report to the public as to where we are,where we've been
and where we're going.Whiddon said it will be a good opportunity for the public to
see the FWG in action,representing community interests,gaining an understanding
of the issues,and considering the impact on the community of management policy
decisions.
Whiddon said that since Cotten has indicated that catch shares are not necessarily
the only option,we have a new perspective going forward;the FWG can see what
the members of the community might want to suggest at the forum,and may get
new insights. Haines said that where we are now is different than where we were
six months ago,and we may need to be willing to take new directions.
LeDoux said it would be good for someone local to also give an overview of the
issues,and it was agreed that representative/s from the FWG would give a quick
history of the FWG participation in the issue.
Whiddon said he was excited by the opportunity to involve more of the public in
how the community recognizes the importance of the seafood industry and how the
elected bodies are participating and engaging in a meaningful way. LeDoux agreed
that the community needs to connect more closely with the seafood industry.Haines
said it was great to get feedback from the Commissioner on the importance of the
community's role.
The group agreed that McCarty would work with the co-chairs to consolidate the
issues,as well as work with facilitator Dennis McMillian to provide a draft agenda.
Regarding whether there were additions to the list of issues,Whiddon said it would
be good to talk about the economic analysis at the forum.Haines said the group
could discuss questions drawn from Cotten's comments:if not catch shares then
what?It was also agreed that goals and objectives of the forum should be brought
out as part of the opening presentation from the local representatives.
Page 25 of 30
Fisheries Analyst April 8, 2015 Meeting Summary and June 11,...
AGENDA ITEM #2.d.
Q Economic analysis RFP update
The group discussed the importance of year-round employment,and the resident
workforce in Kodiak.The analysis should show the impacts of employment month
by month.
McCarty recommended that an RFP be put out now,rather than waiting for the
infrastructure data.Cassidy asked if the group was comfortable with the cost of up
to$30,000. LeDoux asked to re-include a third goal of predictive ability,and Haines
agreed. McCarty and Whiddon said we could include the third goal and see if we can
get it for the amount available for the RFP.
A comment was made that three points should be stressed:the effects of
consolidation,capital flight from the community,and the balance of harvesters and
processors rents.
LeDoux asked to add more information on the third goal in the RFP,and McCarty
said the next draft would include a paragraph with the goal of predictive ability,
with a couple of examples. She will work with Cassidy and the co-chairs to complete
the RFP.
Public comment
James Turner said that labor availability is a big issue in the community,as he has
had 42 people retire since January,and is having to bring in workers since there is
not the labor resource on the island as before.Whiddon agreed that was a problem
across all the processors. LeDoux commented that processing workers cannot buy a
home in Kodiak for a low enough cost,and rents are also high and housing is
starting to be a real issue. Haines agreed and said that the community has nowhere
to house temporary workers.Whiddon said that the FWG should add that to a future
agenda along with the issue of aging fishermen and workers.
Page 26 of 30
Fisheries Analyst April 8, 2015 Meeting Summary and June 11,...
AGENDA ITEM #2.d.
June 11, 2015
To: Kodiak Fishery Work Group
From: Heather McCarty, Fisheries Analyst
North Pacific Fishery Management Council
Meeting report
June 2015
The North Pacific Council passed two motions related to the recent
closure of the non-pollock, non-rockfish trawl fisheries, during Staff
Tasking on the final day of the Council meeting, Tuesday, June 9.
The City of Kodiak and the Kodiak Island Borough had both submitted
letters to the Council (attached) asking for various measures to remedy
the closure, at the request of the trawl industry, and out of concern for
the significant economic impact of the closure on the industry and the
community. The closure was required because the fisheries had taken
more than the allowed number of 2,700 Chinook salmon as bycatch.
Although industry representatives had discussed the closure and
possible solutions with the KFWG at a meeting in May,the KFWG was
not able to make recommendations to the City or Borough, as the issue
was not on the work group's agenda.
During"B" reports on Wednesday,June 3, City Council member John
Whiddon testified to the Council in support of the City's letter, and
passed out the City letter and the letter from the Borough.As the issue
was not on the Council agenda,their action regarding solutions could
only be taken during Staff Tasking.
The first motion proposed by Kodiak Council member Duncan Fields
passed with 10 "yes"votes and only one "no" vote from member Kenny
Down. It was a request to the National Marine Fisheries Service to take
emergency action to allocate an additional 1,600 Chinook salmon to the
bycatch limit for the sector,to allow the continuation of the fishery in
2015. The text of the motion, and Fields' rationale for its passage, is
pasted here:
Page 27 of 30
Fisheries Analyst April 8, 2015 Meeting Summary and June 11,...
AGENDA ITEM #2.d.
"Motion for Emergency Rule
The Council requests the Secretary promulgate emergency
regulations under the authority of Section 305(c) of the Magnuson-
Stevens Act to allocate an additional 1,600 Chinook salmon to the
prohibited species catch (PSC) limit established for the non-
Rockfish Program catcher vessel sector for the remainder of 2015.
An emergency exists... I would like to walk the Council through each of
the three Emergency Rule criteria.
The closure of the trawl catcher vessel fishery is due to recent and
unforeseen events. While we know that PSC limits can result in closures,
what is new to us is the increase in PSC use in this sector relative to the
rates we examined when we took action. We had testimony and staff
reports that PSC use in the Western GOA this year was substantially
different, and higher than anticipated or analyzed by the Council at the
time we adopted Amendment 97. We also should note that although the
Council took action in June 2013, we did not foresee the interaction
between the new observer program and the PSC limit.When the Council
took action in 2013, we did so based on data from the old observer
program, not the new restructured program. We did not know, and
could not foresee how the collection of data under the new program
would compare to the old observer program, particularly in the Western
GOA,where we had extremely limited observer coverage, and observer
coverage from vessels that were only over 60' in length. Our action
could not foresee the impact of new data collection or patterns of PSC
use that we now observe under our new program. We are also gaining
data from new times of the year and in different fisheries in the Central
GOA than we did in the years we used to select these PSC limits. The
impact of that new estimation process was unforeseen when we
selected the PSC limits we did.
The closure in the fishery presents serious management problems. The
closure is preventing the harvest of millions of dollars of fish and is
having serious socioeconomic impacts on the community of Kodiak in
particular. The Emergency Rule criteria state that economic and social
criteria can be used to justify an emergency action. In this case, we
Page 28 of 30
Fisheries Analyst April 8, 2015 Meeting Summary and June 11,...
AGENDA ITEM #2.d.
clearly have those conditions.We have had extensive testimony and
input on this point.
Finally, it is not possible to address this issue without emergency
regulation.And the benefits of doing so clearly outweigh our normal
notice-and-comment rule making.
I have selected 1,600 salmon based on an analysis of the average
Chinook salmon PSC by the non-pollock/non-Rockfish Program sector."
--------------------------------------------------------------------------------------------
The second motion by Fields passed unanimously, and begins a new
regulatory action by the Council to allow transfers, or rollovers in-
season, of Chinook salmon bycatch from one fishery to another in cases
of similar overages. This ability could avert closures such as the one that
just occurred. If the regulations are amended,the total number of
Chinook salmon taken as bycatch could still not exceed the overall
annual cap of 32,500 fish. It is pasted here:
"Motion on GOA Salmon PSC Limits
Initiate an analysis with the following purpose and need and suite of
alternatives.
Purpose and Need
Regulations establish a Chinook salmon prohibited species catch (PSC)
limit of 32,500 Chinook in the Central and Western Gulf of Alaska (GOA)
trawl fisheries. Chinook salmon PSC limits are managed under two
separate programs; one that allocates 25,000 Chinook to the catcher
vessels in the pollock trawl fishery (Amendment 93 to the GOAFMP),
and another that allocates 7,500 Chinook to three sectors in the non-
pollock trawl fisheries; the catcher/processor (3,600), Rockfish
Program catcher vessel (1,200), and the non-Rockfish Program catcher
vessel (2,700) sectors (Amendment 97 to the GOA FMP).
Closures could occur under the existing Chinook salmon PSC limits.
The 2,700 Chinook salmon PSC limit on the non-pollock/non-rockfish
catcher vessel sector has resulted in a closure in that fishery. Currently,
Page 29 of 30
Fisheries Analyst April 8, 2015 Meeting Summary and June 11,...
AGENDA ITEM #2.d.
there is no ability for managers to reallocate unused Chinook salmon
PSC between the pollock or non-pollock fisheries. Fishery closures could
be avoided, or limited, by providing NMFS the authority to use in-season
management to reallocate unused Chinook salmon PSC between the
GOA pollock and non-pollock fisheries. In-season reallocation of
Chinook salmon PSC between the pollock and non-pollock fisheries
would provide increased management flexibility without exceeding the
overall 32,500 Chinook salmon PSC limit, increase the likelihood that
groundfish resources are more fully harvested, and minimize the
adverse socioeconomic impacts of fishery closures on harvesters,
processors, and communities.
Alternative 1: No action alternative (status quo)
Alternative 2:Allow NMFS to reallocate unused Chinook salmon PSC
between the GOA pollock and non-pollock sectors based on criteria
established for in-season reallocations (examples in regulations at§
679.20). Existing reallocation procedures from the Rockfish Program
catcher vessel to the non-Rockfish Program catcher vessel sector would
not be modified.
Optionl: Only allow reallocations between the GOA pollock and the non-
Rockfish Program catcher vessel sectors (no reallocation to Rockfish
Program catcher vessels).
Option 2: Only allow reallocations that do not exceed (suboptions: 10%,
20%, or 30%) of any initial allocation of a Chinook salmon PSC limit
during a calendar year.
Option 3: Prohibit the reallocation of Chinook salmon PSC from catcher
vessel sectors to the non-pollock catcher/processor sector."
Page 30 of 30
Fisheries Analyst April 8, 2015 Meeting Summary and June 11,...
KODIAK ISLAND BOROUGH
WORK SESSION
Work Session of: ou[�'�1
Please PRINT your name Please PRINT your,.name
w,
" ...
..........
A I L''t,
UrMC.p...............
a
.Y