2015-11-12 Work Session Kodiak Island Borough
Assembly Work Session
Thursday, November 12, 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 - 11 a. Jackson Mobile Home Park Update on Staffs Efforts
JMHP Information Packet
East Anchorage Mobile Home Park Article
12 - 17 b. Sending Representatives to Juneau to Lobby/Possible Dates
qA Juneau Trigs Calendar
Juneau Trip Backup Information
C. Budget Calendar and Deliverables
18 - 23 d. Final Review of the Manager's Job Description and Advertising
20151112 Manager Job Descripti on
20151112 Manager Job A
3. MANAGER'S COMMENTS
4. CLERK'S COMMENTS
5. MAYOR'S COMMENTS
6. ASSEMBLY MEMBERS COMMENTS
7. FUTURE DISCUSSION ITEMS
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
at /,'If RIal
1... �i��11 �:i�ria� IM. l @KodiakBorough
Visit our we site w%,i;k Page 1 of 23
Positions, Public/Private Land Development Partnership, MHP Land
Sale, Teleconferencing Ordinance, In-Kind Documents, Action Plans,
Traffic Along Mill Bay Road, KFAC Structure and Purpose, Affordable
Housing in Kodiak, Village Presentations at Regular Meetings,
Contracting and Procurement Process, KUBS Presentation, Non Profit
Funding Process Discussion, Town Hall Meeting to Discuss Priorities,
Role of Elected Officials During an Incident Command System,
Consolidation of Fire Departments, Review of the Salary Schedule and
Overview of the Hiring Process, Contract with Waste Management,
Hospital Lease, Boards, Committees, and Commission Structures,
Procurement Process Presentation, Comprehensive Plan Review
Visit our we si a at WvAAAr �P.cK rcrcfr
ca :
@KodiakBorough 1,
r Ff
w%i;/ Page 2 of 23
AGENDA ITEM #2.a.
LEVESQUE LAW GROUP, LLC
3380 C$tree%Suite 202
Anchorage,Alaska 99503
Phone: (907)261-8935
Fax: (206)309-0667
Email: joe @levesquelawgroup.com
OPINION MEMORANDUM
TO: Bob Pederson
Community Development Director
Bud Cassidy
Borough Manager Extension of notice period
Nova Javier
Borough Clerk Relocation Fund
rlr
` - FROM: Joseph N. Levesque L11
Borough Attorney PC Conclusions and recommendations
DATE: June 4, 2015
RE: Interpretation and Application of AS 34.03.225(a)(4)
_ . ..
I. Issue Presented
You have asked for a legal opinion as to whether AS 34.03.225(a)(4) authorizes
the Kodiak Island Borough ("Borough") to: (1) require that the owner of a mobile home
park give longer than 270 days'notice before any tenants may be evicted,when the owner
.... p rty' ( ish a mobile home relocation
wishes to convert the property's land use; and, 2) establ„
fund. If such authority exists, you have asked for an explanation as to the manner in
which the Borough must do so,and whether such requirements may be made retroactive.
Il. Short Answer
The short answer to your inquiry is as follows:AS 34.03,225(a)(4)does appear to
authorize the Borough to by ordinance require mobile home park owners to give tenants
more than 270 days' notice when they are evicted in order to convert the mobile home
park to a new land use, and to establish a special fund to assist those who are displaced.
Page 3 of 23
Jackson Mobile Home Park Update on Staffs Efforts
AGENDA ITEM #2.a.
LEVESQUE LAW GROUP, LLC
June 4,2015
Page 12
However, if a mobile home park owner has already satisfied its notice obligations under
AS 34.03.225(a)(4), it is very likely that any subsequently enacted notice requirements,
even if intended to be retroactively applicable,would be impermissible.
Ill. Leaal Analysis
The Borough has presented a multi-level inquiry that requires analysis of not only
applicable Alaska Statutes, but also the Kodiak Island Borough Code ("KIBC") and the
relevant Alaska case law. That analysis supports the conclusion that,while the Borough
is likely permitted to impose notice periods greater than the 270 days prescribed by AS
34.03.225(a)(4), and to create a special fund to assist displaced mobile home park
tenants with their relocation expenses, it may not impose those newly created obligations
on a retroactive basis.
1. The Borough May By Ordinance Properly Implement the Extended Notice
Periods and Relocation Funds Authorized by AS 34.03.225(x)(4).
AS 34.03.225 provides only limited circumstances in which mobile home park
owners may evict tenants. One such permitted circumstance exists"if the owner desires
to make a change in the use of the land comprising the mobile home park."' However,
the statute further provides that, "all dwellers or tenants so affected by a change in land
use shall be given at least 270 days' notice, or longer if a longer notice period is provided
in a valid lease or required by a municipality[,]"and that, "a dweller or tenant so affected
by a change in land use shall be given a quit date not earlier than May 1 and not later
than October 15....112
In addition, the statute expressly provides that, "a municipality may establish a
mobile home relocation fund and require that a dweller or tenant so affected by a change
in land use be given a longer notice period or compensated from the fund for the cost of
disconnecting, relocating, and reestablishing the dweller's or tenant's mobile home."3
Although the statute itself does not provide any specific guidance as to which of its local
subdivisions are permitted to adopt these additional protections, it nonetheless seems
apparent that the Borough does possess authority to do so.
First,the statute does not include any language reserving this grant of authority to
only some forms of the State's local subdivisions;instead,it simply delegates the authority
"municipalit[ies]...." Because each of the State's local political subdivisions—regardless
AS 34.03.225(a)(4). See also Sharpe v. Trail,902 P.2d 304,305(Alaska 1995).
Z Id.
9 Id.
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Jackson Mobile Home Park Update on Staffs Efforts
AGENDA ITEM #2.a.
� LEVESQUE LAW GROUP, LLC
June 4,2015
Page 13
of classification—is technically a municipality, it seems to follow logically that by choosing
to incorporate that term, the legislature intended for the authority to adopt the additional
protections for tenants of local mobile home parks described in AS 34.03.225(a)(4) to
attach to all of Alaska's municipalities.
Second, this conclusion appears to be supported by the legislative history. For
example, the original version of Senate Bill 6, which was eventually amended by the
House and enacted by the Legislature, did not include the language authorizing
municipalities to adopt the longer notice periods as currently provided in the statute.4 In
a meeting of the House Judiciary Standing Committee, when discussing the amended
version of the bill that was eventually enacted and included the current language set forth
in AS 34.03.225(a)(4), it was explained that the addition of the language would grant
"municipalities...the ability to alter the [notice] period."5 Further, when addressing the
Committee,Senator Ellis explained that the language would permit"any local government
that would like to set up its own relocation fund...to do so through local ordinance."5
Third, the Kodiak Island Borough is a second-class borough, and as such, is a
general law' municipality, meaning that it only has those powers conferred by
statute...."7 The express language of AS 34.03.225(a)(4), when coupled with the
evidence contained in the legislative record, appears to indicate that it actively confers to
the Borough the power to by ordinance impose longer notice periods for those tenants
evicted from mobile home parks, and to establish relocation funds.
..........................................................................................................................................................................................................................................................................................................................................................................
2. The Borough Probably Cannot Make a Newly Adopted Notice
Requirement Retroactively Applicable to a Mobile Home Park Owner Who
Has Already Given Notice that Complies With AS 34.03.225(a)(4).
Although Alaska's local governments may make some newly adopted ordinances
retroactive,the imposition of a longer notice period upon the owner of a mobile home park
who has already given proper notice to tenants under AS 3403.225(a)(4)could potentially
constitute an impermissible infringement of the owner's vested property rights. In those
circumstances, the Borough's attempt to enforce any such ordinance on a retroactive
basis might make the Borough vulnerable to a variety of legal challenges.
4 See SB0006A, Introduced 118!01. However,even the original version of the bill authorized
municipalities to establish relocation funds for mobile home park owners evicted due to the owner's desire
to convert the property to another use.
5 February 13,2002 Minutes,House Judiciary Committee,22nd Legislature,at 1449.
8 Id.,at 1880.Although the legislative history does not reveal whether lawmakers intended for
municipalities to exercise the local option by means of ordinance,the fact that the grant of authority was
coupled with another local protection measure
7 ACT, INC.v.Kenai Peninsula Borough,273 P.3d 1128, 1131 n.1 (Alaska 2012).
Page 5 of 23
Jackson Mobile Home Park Update on Staffs Efforts
AGENDA ITEM #2.a.
LEVESQUE LAW GROUP, LLC
June 4,2015
Page 14
Although the Alaska Supreme Court appears to have not yet addressed the validity
of municipal ordinances that have been applied retroactively,e it has addressed the
circumstances in which statutes may be given proper retroactive effect. The decision that
appears to be most analogous to the Borough's inquiry was rendered in Rush v. State, in
which the Court held that the retroactive application of a statute affecting the sale of
specific properties"would have an impermissible retroactive effect on property rights."s
In Rush, the Court first explained that "`[n]o statute is retrospective unless
expressly declared therein...."10 if a statute does not include such a declaration,Alaska's
courts will then determine whether the application of a new statute would have an
impermissible retroactive effect." As the Court stated;
"[A] statute will be considered retroactive insofar as it 'gives to pre-
enactment conduct a different legal effect from that which it would have had
without passage of the statute."'A statute creates this"different legal effect"
if it"would impair rights a party had when he acted,increase a party's liability
for past conduct, or impose new duties with respect to transactions already
completed.02
The Court concluded that, because the application of a new version of a statute would
deny a party the full benefits of a property interest that had already vested, "and thus
diminish...a right that [the interest holder] gained" under the former version, that
application would be impermissibly retroactive.13
Like the holder of the property interest in Rush, if the owner of a mobile home park
has already given its tenants notice to quit that complies with the requirements of AS
34.03.225(a)(4), its right to evict those tenants may very likely have already vested. To
the extent that the property owner may be entitled to change the property's use if certain
conditions are met, if those conditions were met prior to the imposition of a longer notice
period such that the right to that entitlement has already vested, the Borough's
interference with the exercise of that right due to the property owner's noncompliance
with subsequently enacted notice requirements may also result in impermissible
9 In Tweedy v. Mat-Su Borough, 332 P.3d 12(Alaska 2014),the appellant argued that a zoning ordinance
had been given impermissible retroactive effect;however,the Alaska Supreme Court decided that point
on appeal without discussing with particularity whether,and when,municipal ordinances may be applied
retroactively.
9 98 P.3d 551,552(Alaska 2004).
10 Id.,at 553(quoting AS 01.10.090).
11 Id.,at 555.
12 Id. (citations omitted).
131d.
Page 6 of 23
Jackson Mobile Home Park Update on Staffs Efforts
AGENDA ITEM #2.a.
LEVESQUE LAW GROUP, LLC
June 4,2015
Page 15
retroactive effects on property rights.
Finally,14 there is also some possibility that the retroactive application of any newly
enacted notice requirements could in some circumstances be challenged as an
unconstitutional taking,15 or, depending upon the circumstances, the unconstitutional
impairment of the right to contract,16 or if noncompliance could potentially result in the
imposition of some criminal penalty, an impermissible ex post facto faw.17
Consequently, if the Borough were to enact an ordinance requiring that the owners
of mobile home parks provide a notice period to tenants greater than the 270 days current
required by AS 34.03.225(a)(4), it should avoid making that ordinance retroactively
applicable to owners who have already given the notice required by the statute, or who
otherwise may have vested property rights that could be potentially affected through that
ratrnnntivw nnnlirntinn
IV. Conclusion
It seems clear that AS 34.03.225(a)(4) grants the Borough authority to by
ordinance adopt a longer notice period requirement for owners of mobile home parks
within the Borough who seek to evict tenants in order to put the property to a different
use, and establish a fund to assist those tenants with the costs of relocation. However,
depending upon the circumstances, such property owners may have vested rights that
may be impermissibly diminished by any attempt to make any new requirements
retroactively applicable. In order to avoid potential legal liability,the Borough should avoid
making such requirements retroactively applicable.
I remain available to discuss this matter with you at any time. Please do not
hesitate to contact me with any questions you may have.
94 It should be noted that a comprehensive examination of each potential claim is beyond the scope of
this Memorandum;thus,it focuses on two potential claims directly related to government action.
1s See,e.g.,Pfeifer v. STATE DEPT, OF HEALTH,260 P.3d 1072,1079-82(Alaska 2011);Hageland
Aviation Services, Inc. v. Harms,210 R 3 444(Alaska 2009).
16 See Hageland,210 P.3d at 451-52.
17 See,e.g.,Pfeifer,260 P.3d at 1072-73:.
Page 7 of 23
Jackson Mobile Home Park Update on Staffs Efforts
AGENDA ITEM #2.a.
Alaska Statutes:AS 34.03.225.Limitations On Mobile Home Park Operator's Right to Te... Page 1 of 1
ALA51(,A LEGAL LSOUC1� CLNTL
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Br pht i f'
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Alaska Statute6.
JtUC3A.Property
f .Uniform Residential Landlord and Tenant Act
Section 225.Ll ltatlons On Motiffe Home Park Operator's Rlght to Terminate,
previous;Section 220.Noncompliance With Rental Agreement;Failure to Pay Rent.
next:Section 230.Remedles For Absence,Nonuse and Abandonment.
AS 34.03.225. Limitations On MoIII r Operator Terminate.
(a)A mobile home park operator may evict a mobfie home or a mobile home park dweliler or tenant only far one 9!!!T following reasons:
(1)the mobile home dweller or tenant has defaulted In the payment of rent owed;
(2)the obl;e home dweller or tenant has been convicted of violating a federal or state law or local ordinance,and that violation is
continuing and Is detrimental to the health,safety,or,welfare of other dwellers or tenants In the mobile home park:
(3)the mobile home dweller or tenant has violated a provision,enforceable under AS 34.03.930,of the rental agreement or lease signed
by both parties and not prohibited by law Including rent and the terms of agreement;and
(4)a change In the use of the land comprising the mobile home park,or the portion of It on which the mobile home to be evicted is
located;however,all dwellers or tenants so affected by a change In land use shalt be given at least 270 days'notice,or longer If a longer
notice period is provided In a"vaild lease
or required by a mun c pa ty;a we er or tenant so a ecte y a c ange n an use s a e given
elocatlon E,,u,,o and require,,,,,,,,,
a quit date not earlier t an May i an not ater t an Octy er 15;a municipality may establish a mobile home r,,,,,,,,,
that a dweller or tenant so affected by a change In land use be given a longer notice period or compensated from the fund for the cost of
dI"s""c""a""ffi;t"(.Ln""g""""..r"e1"a""c""a"tl.n"'.g"""..a"'.n"'d...r"ie""ii ii"6'fish l6'.g"'..E�.e"'..d."w"'e9'tii-s"'..a""r".E.in"'a"n"'(".s".."m"""ob a ome.
O A mobile home park operator may not evict a mobile home or a mobile home park dweller or tenant because of the age of the mobile
home,except that a mobile home or a mobile home park dweller or tenant may be evicted If,when the mobile home was admitted to the
mobile home park,a regulation of the mobile home park limiting the age of a mobile home in the mobile home park was in effect,the
mobile home Is sold after the age limitation has been exceeded,and the owner or tenant of the mobile home has failed to bring the unit
Into compliance with the life safety requirements of 24 CFR Part 3280.This does not prohibit eviction for violation of a provision enforceable
under AS IA,92,M that requires that a mobile home be In a fit and habitable condition.
(c)When,under(a)of this section,a mobile home park owner Is required to give notice to evict a mobile home owner or a mobile home
park dweller or tenant,provision of notice to quit under AS 09,45.100-09.45.105 satisfies the requirement of notice.
All content O 2008 by
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Page 8 of 23
Jackson Mobile Home Park Update on Staffs Efforts
AGENDA ITEM #2.a.
Developers eye East Anchorage mobile home park for upscale housing development I Ala... Page I of 9
Register I Sligin Ilin
Most Read Calendar
3ooF
Anchorage
SU."TIONS
Economy
Developers eye East Anchorage mobile home
park for upscale housing development
Nathaniel Herz I April 14,2014
Uke 3 GH 0
Slideshow:Developers eye East Anchorage mobile home park for upscale housing P LAY A
View of the Riviera Terrace Mobile Home Park from B o niface Parkway on Monday,April 14,2014.A California
developer wants to relocate the residents of the trailers to build a 45o-unit housing development with upscale
group of California developers is planning a high-end 450-unit housing complex for the site Of a 3o-acre East
Anchorage trailer park.
The group seeks to break ground at Riviera Terrace Mobile Home Park next summer on the first of four phases of
row houses and apartments,which are designed to appeal to military members and people who work in the city's
burgeoning U-Med District.
http://www.adn.com/article/20140414/developers-eye-cast-anchorage-mobile-home-park-... 11/10/2015
Page 9 of 23
Jackson Mobile Home Park Update on Staffs Efforts
AGENDA ITEM #2.a.
Developers eye East Anchorage mobile home park for upscale housing development I Ala... Page 2 of 9
The developers have recognized the heavy demand for housing in the city,said Cameron Johnson,a Wasilla High
School graduate who has worked on projects in the Mat-Su valley area and considers himself an"Alaska-based
developer."
Anchorage's vacancy rate--3.3 percent in 2013--is below the healthy average,and residents and local leaders have
been grappling with the problem of"housing gridlock."
"We're very bullish on the short-term and long-term economic outlook for the city of Anchorage,the Mat-Su valley
and the state of Alaska as a whole,"Johnson,36,said in a phone interview Monday after his flight landed in
Anchorage,where he has meetings this week with city officials and Assembly members."We're well aware of the
housing crisis in the city,which is part of the reason why we've been so aggressive in looking for a suitable site."
Johnson said his group passed on as many as 40 other properties before purchasing Riviera Terrace two months
ago.The property,off Boniface Parkway south of Northern Lights Boulevard,was appraised at$3.8 million in its
most recent assessment by the city.
He said that the trailer park currently has 170 occupied units,out of about 190 spaces.The developers,Johnson
added,are pledging nearly$1 million for relocation expenses for Riviera Terrace's current residents.
The developers ultimately envision upscale two-and three-bedroom row houses and apartments with garages,as
well as a community building,exercise areas,even a fenced dog park.Preliminary projections for rent are$1,400 to
$2,000 a month.
The project's first phase,expected to cost$20 million and finish in the summer of 2o16,will be limited to the north
end of the property,and nearly all current tenants there will be relocated within the mobile home park,Johnson
said.
The developers plan to submit an application next month to have the property rezoned,which would be required to
build to"the density they are proposing,"said Kristine Bunnell,a senior city planner.
They are also trying to determine whether Riviera Terrace can qualify for a tax exemption through a provision in
municipal code that allows the city's chief financial officer and the Assembly to declare a property"deteriorated,"
which is permissible if the property houses decrepit buildings or needs environmental remediation.
Johnson said the site did,in fact,need remediation for a heating oil spill,and that some of the trailers were so old
they would have to be demolished.
He will meet with local Assembly members Wednesday to request their support for the project,and for getting the
deteriorated property declaration,according to Cher Easley,an Assembly aide.
Residents of the trailer park said Monday they'd been hearing
rumors about a sale for years.
Charlie Hoff,a 42-year-old video store clerk,said he moved
into his unit in 20o6,paying$7,000 for the trailer,blue with
white trim,that he now shares with a dog,a cat and his
partner.
The trailer space,he said,costs$425 in rent each month,plus
utilities and about$200 in taxes every year.
http://www.adn.com/article/20140414/developers-eye-east-anchorage-mobile-home-park-... 11/10/2015
Page 10 of 23
Jackson Mobile Home Park Update on Staffs Efforts
AGENDA ITEM #2.a.
Developers eye East Anchorage mobile home park for upscale housing development I Ala... Page 3 of 9
"A lot of us can't really afford more than what we're paying,"he
said."We didn't get no Ph.D.--we're just video clerks and Wal-
Mart workers."
The property currently houses a mix of tightly packed trailers--
some wide and well maintained,with tidy yards,while others
appear abandoned,with peeling paint and bulging siding.
As of 2007,the average home at Riviera Terrace dated back to
�r t 1971,according Susan Fison,a former city planning director
1 1 who is now a consultant for a local housing group.
Around the city,there are 670 acres of mobile home parks,with
the majority of units at least 44 years old,according to data
Fison has collected.
Hoff said he was concerned about what would happen if Riviera Estates'new owners forced him to move.
"If the housing market and rental market was adequate,I wouldn't be so worried about this place closing down,"he
said."But it's not adequate.They want$850 for a one-bedroom."
Johnson said the developers were prepared to pay for relocation of all the trailers at Riviera Terrace,even though
that's not required under state law,which simply mandates a 270-day notice of eviction.
Some of the trailers,Johnson acknowledged,would be impossible to move but he said that for those tenants,"we'll
work out something,"which could include assisting with a deposit or rent at a new residence.
"We're committed to finding alternative housing for them,"he said.
The developers are even considering building their own mobile home park in the Mat-Su valley area.
Bill Popp,president of the Anchorage Economic Development Corp.,said the Riviera Terrace project would start
reversing the city's housing crunch.
Currently,the city needs goo housing units built annually,Popp said,but has only averaged about 300 a year over
the last five years.
"Anything is going to help at this point,"he said."But we need a lot more activity,and a lot more projects like this."
Reach Nathaniel Herz at nhc z(&adn.coni or 257-4311•
By NATHANIEL HERZ
nhcr wcy),:Idn.coni
Contact Nathaniel Herz at or on Tu.iller
Like I 3] Wowatl CY
You May Like Sponsored Links by Taboola
http://www.adn.com/article/20140414/developers-eye-east-anchorage-mobile-home-park-... 11/10/2015
Page 11 of 23
Jackson Mobile Home Park Update on Staffs Efforts
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(D For two days/travel included-(Tuesday/Wednesday)or(Wednesday/Thursday)
(D 14 15 16 17 18 RECEPTION 19 20
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Limit group from Kodiak to 3 or 4 maximum for each trip
21 22 23 24 RECEPTION 25 26 27
This week will work only if there's only one trip.If there's going
to be only one trip,it should be done no later than the week of
28 29 March 7.
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AGENDA ITEM #2.b.
From: Mark Hickey
To: Bud Cassidy
Cc: Nova Javier
Subject: Re:Assembly Trip to Juneau
Date: Saturday, November 07,2015 3:21:32 PM
Bud,
My suggestion for dates are as follows:
suggest the first trip either the week of February 8 or the week of February 15. 1 suggest making
it happen for two days (travel down included) on either Tuesday/Wednesday or
Wednesday/Thursday. This means getting to town by mid-day on the first day and leaving on the
evening flight on the second day. We could change this obviously to arrive in the morning of the
first day and then leaving at noon on the next day. I prefer the first schedule. Please note that AML
is planning its annual Mayors/Managers meeting in Juneau for around February 16-17.
The second trip could be the week of March 7 or March 14 using the same schedule I described
for the February trip.
I'm not taking into account if or when a reception would occur. It's best to keep the group from
Kodiak to 3 or 4 folks max for each trip.
If folks only want to make one trip then I propose it should be in February if possible, but not later
than the week of March 7. The week of February 22 would work if there's only one trip—
otherwise I suggest the earlier dates for the first trip.
Sorry if I made this confusing—let me know if you have questions.
Mark
From: Bud Cassidy<bcassldykodlakak.us>
Date: Fri, 6 Nov 2015 18:21:31+0000
To: Mark Hickey<mshlckevr@,acl.net>
Cc: Nova Javier<niavlerPkodlakak.us>
Subject:Assembly Trip to Juneau
Mark—
You were going to provide us with other dates to travel to Juneau should we choose not have a
seafood reception.The Assembly will be meeting on November 12 to discuss. Can you provide those
Page 14 of 23
Sending Representatives to Juneau to Lobby/Possible Dates
AGENDA ITEM #2.b.
dates to Nova.
Thanks,
Bud
Page 15 of 23
Sending Representatives to Juneau to Lobby/Possible Dates
AGENDA ITEM #2.b.
From: Mark Hickey [mailto:mshickey @gci.net]
Sent: Monday, November 02, 2015 1:51 PM
To: Bud Cassidy; Nova Javier
Subject: Possible Reception Dates
Bud and Nova,
I went ahead and tentatively reserved two dates for the Kodiak Community Reception in Juneau
in case we decide to do it this year.
The first date is Thursday,February 18. This is the same week as the AML Mayor/Manager
meeting so that may present a problem. They're doing a reception either Tuesday or Wednesday
of that week.
The other date is Wednesday,March 9,which is a little later than I would like,but much
better than last year. We could have one group around in mid February with AML and then
another group in March.
I do have a call into Ray Gillespie to discuss further.
Mark Hickey
Sent from my iPad
Page 16 of 23
Sending Representatives to Juneau to Lobby/Possible Dates
AGENDA ITEM #2.b.
From: Bud Cassidy
To: Nova Javier
Subject: Fwd:City date for reception
Date: Wednesday,November 11,2015 6:04:30 PM
FYI from Mark Hickey. Please put with other potential dates.
Thx.
Sent from my iPhone
Begin forwarded message:
From: Mark Hickey <mshicke ( ci.net>
Date: November 11, 2015 at 2:49:33 PM AKST
To: Bud Cassidy <bcassidy(a)kodiakak.us>
Subject: City date for reception
Bud,
Heard from Ray. He's reserved March 24 at Baranof as another option for a reception
date.
Mark
Page 17 of 23
Sending Representatives to Juneau to Lobby/Possible Dates
AGENDA ITEM #2.d.
KODIAK ISLAND BOROUGH
JOB DESCRIPTION
Job Title: Borough Manager
Department: Manager's Office
Supervisor: Borough Assembly
Job Status: Exempt
Job Summary: Serves as the chief administrative officer of the borough and reports to the
assembly. Upholds and enforces borough laws and ordinances. A I inisters the policies of
the assembly and borough. Manages the borough budget pital improvement
program. Supervises department hea ddQ hea:° od s and mana office staff. Must be a
resident of the Kodiak Island Borough during term of contr
ESSENTIAL FUNCTIONS: N�
No. Description of Essential Functions: O���O
r oro %J administer/Fa borough
1. Acts as chief administrative officer for
affairs as mandated by law and ordinance, ad ;:ua,.�a,uu1 �udau daualy_fu as adfVfVU dDfVU Uad1 ;
p t of borough ordin '� 1"kin ou�aduou e� d fleets „�uodl
Supervises the enforcement �
)Vdu m y,, auuadQ fuupstablishes
�admamistrative 1policies for bor u¢ f a oQparation b
aza eaff.
udaup so a�,�a..a�,ru iJd
�u�udnueaz�e� uu� �.o°�:a�du�u
l ouoaas,�u au ?gp..htu nuud' w uu Q tuuc /�a�u i k"VtdS °�f s4 ook dQuuna,to
0 6,QFr..�dpld�Uffd °?��ll�,➢"�Q�a °bra 6v�U��ll 1)@11� "4 uG�dv u � n r�`w' V@V6v6,��@ ,r�..
k,dQa,u'ad�l, sU,..1.e dV d.Q. �da�thea ou tsl de
a:p.g uaa es a ,�� 3out d :(tiveslQof the `; rough assembly. a�au�ud�Q a��uc���hddu�ddGU�^,��u a°dd��Qd;pdQd�
o f.
ava a,
2. 1 G/ r
a da ffQ Qa,ad �j�AP I'D ����J
1 V�i j. b a fl bomu gl i 4 pnilfldQ y es QQp dQ4 zflh-pg w�a]i paa aiz Qp QpVtlQA
l S h y f
r f f � y f y
/( d ��III�oVVp4'�'� a„d,'' � VpV.1. � i�r�p � ad V'VVdDfVVVadQ-d '"3affVppYa Qd",v4",Q.s 1dD d",ffia uauplly a auVy dauaLV.
d�d'W�/I al dD Ve QdaDftIDQVdd�%r�" Q,d( V titiQa pp Q atlQpdQadaVQY dQpQpppQQp.� Q wQVdQgp d� �VadQaVpQpQtl0. ✓QQptia 9adDatlQ a.Qpd:Q.
�� y duudl uusSZI ,s a 1 y I uu es u p ad.uy
Id1pm����0 p Vpd",a:",d and � Vd a dDV1illAUp4"�VpdQmd��dDVp'�Y �.d,D VQd4 a.'�wd4 Vdpt,�� �dDV a,�adVptiti4'�u OVp VdDQV_a:y.
r14v4",Qd,' p4VpVa u"Iff, V�ddVVpVVpti� Jkud , aoaAuala,Vs V aVl,lkV J�SUfdaudduaddua.w;
Il �',m ploy 1
�� � � otherwise
or
remove �% �a.°Qw d�,d a,.�.� addwLdQ d h ea:°� a 6iad-wga s a s uua a dQa dQ.� Appoints, suspends
s b �� employees ees aduud.Q. dQd,radu Q�dV�a uu1 d:Q.uua a 1dau:.p except as rwise
provided by s to and borough code. II luu°ee as atoaff sauyueu w lses the....dadff uIi sfu°da0oo..of'
the 4owt11ons of� OW GrD�l°oiigh of4i °el@s a•1nd 6;mpQGDud'0es 0da001--)t at Pluovdd�b;d
by staf�u�ae. Qlnareefly .euuymeu°w lees the nuaaoaagleu° s of iee stafT dtoaff al�epm,"4meot headffs,
I9""esj-AGDVdrd We to b;V@suiv st,,- V ds �4"„°aVdll6�Vff, VdVd14ka,,itedff ddnd era°aki,,itedff°...-fe�YIOV'4 ypl°ogo]r0 as
f° Administers any collective bargaining agreements
zuA dQVd"ea;°1Qy sualp Vvk s nizud age; s office s adfff adVpdQ. d:Q.epad tnie�,a dQV'ea:°ldau"s
3. 1Q'"u(MdQ.es d ve✓ aJgit off,bbd ou gl l fuduaddwLa es audwLd:Q. addQlua,u eaua:e to 1]ie buaLd:Q.d,et Prepares the
annual budget and capital improvement program for assembly action based on the
assembly's goals and objectives, addud:Q.11"executes the budget and capital improvement
program as adopted. by„aWs llefrdau°ts monthly a°ef?oa°te to the assembly on borough
finances and operations at the regular assembly meetings. A s suuu es 16nad1 aus sgjj r-aed:Q.
Borough Manager Pagel of 3 51d5
Page 18 of 23
Final Review of the Manager's Job Description and Advertisin...
AGENDA ITEM #2.d.
zuea s of,QedalyorsQiiday zue lre fdaQODUQiu�, walihr budget ulumuu.glu effea:I.M,, aiardd effiu:°ed, I.
use of budgeted fualiud:s, lra,u��u�sd;aiQiQa�,l, Aiia tenails, faia:°llaies zua d thii e. Reports to the
assembly at the end of the fiscal year on the finances of the borough and
administrative activities of the borough. Assures that assigned areas of
responsibility are performe4h-fig within budget flimu glu P014° eost eoo�tu°o.>j.
fi "-4 eontl@ r. f4bpolv r dliii'W Nidget @6aGest r 4soi@°a.s effective and efficient
ent
use of budgeted funds,personnel, materials, facilities and time. MdaiQQudauus Qa,Va�; uuala�;ua
au d� a",xpea Qd�Quual"i"es QQQ aissgj,pQed.�. zueai to aissuie souiV d� fiscal a:"d;DU-amts zuQ d lVa",Q"fdaQO is a;°dast
co° -aml a cdvQules, aiardd akxamines regularly the accounts, records, and operation of
each borough department. Reviews the activities of the de artments in relation to
p requirements needed
improvements.�borou h ucu ouuu�uu��efmQ�uouu o im 1 � an nee,
is � and ass
,
changing g q .. p � x.. „'
Y
Reports its uda idle aiss' ,,VllbQ a t ulna a�;-O, of ale f� pi ' frl OD LlC fQivaiQpa,es aiind:�.
aid iiQQaQQi1Qai1Qve a c1. VQ1, ae�,dif idle 1)oD Dull9 ll
4. Reports a �a Qllbly at as i egu.Illzu Qll a t C,tj,adQ"/d�QQptif Q sidle a /U� J QQp u.oD ujl.11u:'V;of,
,Y uda ulna a, l �� �
iuomuip
c
� �iiaLaQQiaS.a.a adQQdi. aiQQuQa.Q raiva,di fuaru:ualQa, uala , l"nc ala,ro ���ioia ��Q , , awl ua.a, ao of �
they assemblyuanyQreports as mayibearequired b jaQ yassembly or as the f rd sugar to
iu
Prepares,
aivai�aa�,QU1bl the mana er may
dol c esdandbropcedues tlo4 staff �ld% pQapenperaQliipub f ticks legislative Q s, �id,DaiQd.�.s
� mmunica s
i p ro g g ro
�' t0� .imbly. "@@ �GD �f@b of pub �Vf�a olt..Q�ri�
am av im°eKeeps a�c i.cb V W � jf the bo]� �GQgll �4 G�.sv 44 a 011L�
uaa ,aiidQU �auio,,.,ro ua atn �semb�
an makes related recom
al i
financial ' ��% �° �� �u lruallilua:° fully advised on the
g 1 condi �� on
�� �� re needs " the borou , and makes recommendations
nuupiGQ IQUU ^ ,Nf'a, DS diQ 'ria ,u.Qa, Va Qg. cu ffs employees elected officials and
representatives
borough
esentatives s of blic a enc j aQQOtt6wi a.00uaaa.u bk:.i���aiu the eki»�a;iu.s of
° I i „f1
IlfoalidQga determi e information.
5. 1 s I an(� ection io afa u.da develop Boa...-off' short and long-range
r
ans. Gather terpr � d prepares data for studies, reports and
mendation )ordi s department activities with other departments and
a s as needed'I& or 0
6. DI ea.0 �
uQli/ lQ:e, u Qua mare and custody of all borough buildings b a
and of all
real and per f roperty of the borough, except as provided otherwise by statute,
and the cons ection, maintenance and operation of all borough roads, bridges,
drains,buildings,service districts and other public works.
7. Monitors and administers the performance of all contracts for services for the
construction of buildings, facilities, equipment, and other property for the borough,
including execution of change orders deemed to be necessary.
8. Prepares and makes available for public distribution an annual report on borough
affairs.
9. Seeks exte iQail fuiidiQiug„ QiQa:°luud:ihig state w+d-federal zuidi liu Mite grants and contracts
that would be beneficial to the borough.
Borough Manager Page 2 of 3 51�5
Page 19 of 23
Final Review of the Manager's Job Description and Advertisin...
AGENDA ITEM #2.d.
10. Executes other powers or duties specified by statute or by the assembly.
OTHER RESPONSIBILITIES:
1. Performs other job related duties as assigned.
Supervisory Organization:
Borough Assembly
Manager
Department Veaadll:
Department Emplo
MINIMUM REQUIREMENTS: Borough Man �0
Education and Experience.
A bachelor' ° l
y degree in busiss stration he administration or a
closely related field from an accr�;ted u ersi and (2 �raven and
Q➢ s eg
years �"�r'J`� iuttann� ��uaa! x �rL'a w uul�� u�luo�au�luai�l of five (5)
r d4 ���j d° 0.4atQpat � V➢Qb Qp @VbQQp and p�Dtbipt dalrvdDa
diVatex�e �
Q�tbtod udQatOg � fit dot cola/�uvd^tlx u��a�u�uauuf�/a:��unnaa°O:�n �oJa�P:uons a� c w ation ..of
d.�
when the a / n�Y /' `l 'i tr ted ability. oQ�dku.uQd`.� possess uired education
pp erience ma ��e substituted for the required e strong
when he tram � j���q y i stro
a: VV"0.atVpa Va. , 7 a„at�YVV /p JC VV 8', "t btlld�.�ti 4 V d�evc o VVUp4"n and a dDVpnol Va xx,,i on
fin � UVp u`�i VuVQ 11111C1 of, tIL VatlVVpatl�tQ V v4Vp"u '�dklal. ces, Ad.nd� cap
l n �,'"ct.a111 "" r d`�fV,t"(0.�p@Vl� 0.�pVatl�
�1)u0Va,nien1 l' o oa ni atva axa efle uu n� fl Vua at Vofl s� nd
ma
d� tu1nig 11101 a �, atViv.0 aaaVd,.fs t amid stud al: Applicant must possess
st or anizatio ,and , fanning skills. Knnwa�Vea�ge ,ind o Experience working
a
with iverse mu ��ultural community is a plus.
Knowledge anjis:
Knowledge fundamental principles, practices, and policies of public
administratio and office management. Working knowledge of municipal finance,
accounting practices, computer information systems, human resources, public
works, and community development a n A. at JV at Su,.tVtuua,s a n nitainlc:path latw.
�414otk4e age of Ada c4(a Sia tt tes and A aC4(a k.b,vo.�.
F'Xpa a uen e 4. . 4V and ruVd0.�.....in preparing and administering municipal budgets
and Aability to prepare and analyze comprehensive luuuatna:°k l reports.
Ability to remain current with changes in federal, state and local laws, regulations,
ordinances and pending legislation affecting municipal operations.
Borough Manager Page 3 of 3 51 d5
Page 20 of 23
Final Review of the Manager's Job Description and Advertisin...
AGENDA ITEM #2.d.
Ability to use considerable initiative and independent judgment in carrying out
special and general assignments,with a minimum of supervision.
Ability to establish and maintain effective working relations with management,
public officials and the general public.
Ability to co° -dvey ideas concisely and effectively,.kvaf oiaWy and in writing
aV d h-dptflflup:° piraadV<u�d .
AW4y to ef'fb C`k.N e; y pn...piiWV ` sett4V@au.rp.
Ability to inspect borough facilities,properties and de p ents`'
Ability to perceive and analyze problems, deop "natives and make or
recommend sound decisions. ! /
Ability to administer labor contracts. / Oj
Ability to travel using air, water or v� anspo ion to out-0 meetings
and functions.
%O
Ability to attend frequent eve and weekend gs.
Must be bondable. "NOWN////
/j'a, �
j/j
r Jff�
FS
°ii
r'
Borough Manager Page 4 of 3 51�5
Page 21 of 23
Final Review of the Manager's Job Description and Advertisin...
AGENDA ITEM #2.d.
ALASKA MUNICIPAL LEAGUE AD
Kodiak Island Borough
Borough Manager
Posting Date: November 16, 2015
SALARY
$90,000 - $130,000, plus excellent benefits. Actual salary will be based on qualifications and
experience.
BOROUGH MANAGER
The Kodiak Island Borou g h is acce p tin g a pp lications of the Kodiak Island Borough.
The Manager is appointed by and reports to the e e 'seven- ber Assembly and serves as
the chief administrative officer of the Borough.,
KODIAK
Kodiak Island Borough is a Second Class Bo r wi ,� manger fo Vi government,
encompassing the Kodiak Archi el °' d a small ar "on Mainland A�a,and is home
to 14,000 p g p the United States. Situated in the
people. Kodiak is the s � /est islan
northern Gulf of Alaska,just east of th�� lad insula, III k has less than 100 miles of road
,, v �j
system, and 3,000 of the world's large ro s. The e' d's remote location delivers
access to uncrowded ��'% xtensive�' d e r n e i and mountain hikes. Kodiak's
�,
economy is based ��mm��� fishing, f , ro ���jj; recreational hunting, fishing,
tourism,and govern �, The Ko � Island �� h was inc )orated on September 24, 1963.
ON
JOB SUMM,
The Ma r t sse � ministration of daily Borou g h operations
and B �h staff oplQU41 six a J j, anages f J orough operating budget of approximately
$36M and capital impr ent �, ram which has run as high as $161M annually. The
Manager u ,t.. s and enfo Borojws and ordinances, administers the policies of the
Assembly and ugh,and s ;vises I artment heads and managers office staff.
QUALIFICATIONS
/,,
(1) A bachelor's degre%��f � � �ss administration, public administration or a closely related
field from an accredited III ge or university; (2) proven and demonstrated executive-level
management experience with a minimum of five years of experience; (3) experience in and
knowledge of labor relations and collective bargaining/contract negotiations. A combination of
education, training, and experience may be substituted for the required education when the
applicant possesses a demonstrated ability. Should possess strong financial management
abilities involving budget development and controls, taxation and financial forecasting,
generation of sustainable revenue sources, and capital improvement programming and have
excellent analytical skills. Applicant must possess strong organizational and planning skills.
Experience working within a diverse multicultural community is a plus.
Page 22 of 23
Final Review of the Manager's Job Description and Advertisin...
AGENDA ITEM #2.d.
TO APPLY
Interested persons should provide a letter of interest, a resume showing complete education
and job experience, and two recommendations to Lauri Whiddon, PHR, Human Resources
Officer Iwhiddon@kodiakak.us (907)486-9301. EOE.
The position is open until filled with first application review date of January 15, 2015.
Due to the high profile nature of this position,
applications are not considered confide ;%';> nd
are subject to public disclos
Page 23 of 23
Final Review of the Manager's Job Description and Advertisin...
KODIAK ISLAND BOROUGH
WORK SESSION
Work Session of:
Please PRINT your name Please PRINT your name
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