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2016-08-04 Regular MeetingPage Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, August 4, 2016, 6:30 p.m., Assembly Chambers INNALST•LWr•P► PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 6.A. Agenda Items Not Scheduled for Public Hearing and General Comments AWARDS AND PRESENTATIONS 8. COMMITTEE REPORTS 9. PUBLIC HEARING 4-31 9.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of ^� The Kodiak Island Borough Amending Kodiak Island Borough Personnel Code Chapter 4 Hiring And Advancement Section 402 Job Vacancies And Section 405 Job Posting To Allow An Alternative For The Borough To Recruit New Applicants. Ordinance FY2016-21 Backup Information - Pdf M-PAB Memo to Assembly 8 4 16 32-66 9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Advisory Question To The Qualified Voters Of The Borough At The October 4, 2016 Regular Borough Election To Determine Whether The Public Supports The Idea Of Consolidating The Kodiak Island Borough And The City Of Kodiak Into A Single Unit Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us 91 0 Page 1 of 157 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.A. Contracts 117-124 1. Contract No. FY2017-09 A Sole Source Agreement To Purchase 300,000 Spruce Tree Seedlings From Koncor Forest Products For A Spring 2017 Planting Season. Contract No. FY2017-09 Tree Seedlings - Pdf 13.B. Resolutions 13.C. Ordinances for Introduction 13.D. Other Items 125-144 1. Assembly Granting Permission To Bayside Fire Department To Dispose of Squad 10 And Sole Source An Acquisition Of A Used Piece Of Fire Apparatus. Squad 10 Disposal Documentation - Pdf Bayside Equipment Replacement Schedule 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at wmv.facebook.com/Kodiakislandborouoh © @KodiakBorough www.kodiakak.us Page 2 of 157 Of Government. Ordinance No. FY2017-02 Advisory Question - Pdf 67-92 9.C. Ordinance No. FY2017-03 Submitting to the Qualified Voters on n:A the October 4, 2016 Ballot in Each Area Affected by the Ordinance the Question of Altering the Boundary of Road Service Area No. 1 SA1 Boundary Change Ordinance - Pdf LuVonne Chaco Public Comment for Otmeloi Proiect 93-116 9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters P.� The Question Of Establishing The Otmeloi Neighborhood Streetlight Service Area To Provide Operation And Maintenance Of Streetlights Along Otmeloi Way And A Portion Of Mallard Way. Otmeloi Streetlight Area Documents - Pdf 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.A. Contracts 117-124 1. Contract No. FY2017-09 A Sole Source Agreement To Purchase 300,000 Spruce Tree Seedlings From Koncor Forest Products For A Spring 2017 Planting Season. Contract No. FY2017-09 Tree Seedlings - Pdf 13.B. Resolutions 13.C. Ordinances for Introduction 13.D. Other Items 125-144 1. Assembly Granting Permission To Bayside Fire Department To Dispose of Squad 10 And Sole Source An Acquisition Of A Used Piece Of Fire Apparatus. Squad 10 Disposal Documentation - Pdf Bayside Equipment Replacement Schedule 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at wmv.facebook.com/Kodiakislandborouoh © @KodiakBorough www.kodiakak.us Page 2 of 157 145-157 15. EXECUTIVE SESSION 15.A. Chiniak Emergency Shelter Replacement - Insurance Negotiations 15.13. Strategies In Negotiating The Hospital Lease 15.C. Clerk's Performance Evaluation 16. ASSEMBLY MEMBERS' COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) 18.A. Minutes of Other Meetings 1. Fire Protection Area No. 1 Board Regular Meeting Minutes Of May 10 And July 12, 2016; Solid Waste Advisory Board Regular Meeting Minutes Of June 6, 2016; and Womens Bay Service Area Board Regular Meeting Minutes Of June 7, 2016. Minutes of Other Meetings 18.13. Reports Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough@KodiakBorough @KodiakBorough www.kodiakak.us 91 Page 3 of 157 AGENDA ITEM #9.9.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 4, 2016 ASSEMBLY REGULAR MEETING S TITLE: Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Kodiak Island Borough Personnel Code Chapter 4 Hiring And Advancement Section 402 Job Vacancies And Section 405 Job Posting To Allow An Alternative For The Borough To Recruit New Applicants. ORIGINATOR: Michael Powers FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This ordinance was requested by Assembly Member Skinner. Currently the KIB Personnel Manual and Collective Bargaining Agreement (CBA) both allow for the internal posting of any position vacancies first to current employees. This ordinance would allow for an alternative process for the recruitment of new applicants for vacant Borough positions, by simultaneous announcement of position vacancies intemally and publicly; and through the assistance of employment referral services. Pertinent sections of the KIB Personnel Manual include Chapter 1, Section 105 AMENDMENTS, which allows amendments to the manual to be made by ordinance only; Chapter 2 ORGANIZATION AND DELEGATION OF AUTHORITY which outlines the organization and duties of the Personnel Board and the process of considering changes to the Personnel Manual; and Sections 402 and 405 of the Personnel Manual. Procedurally, our Ordinances require that the Personnel Advisory Board make a recommendation to the Assembly. Since this potentially affects the recognized bargaining unit, discussions with them regarding this change will also need to occur. Staff will undertake these two processes and then return to the Assembly for final action on the Ordinance. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-21. Kodiak Island Borough Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 4 of 157 F-ITCU,v71jIVE1' Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The... Page 5 of 157 2 Introduced by: Assembly member Skinner Requested by: Assembly member Skinner 3 Drafted by: Borough Clerk/Assembly 4 member Skinner 5 Introduced: 06/02/2016 6 Postponed: 07/21/2016 Public Heedng'i 08/04/2016 7 Adopted: 8 9 KODIAK ISLAND BOROUGH 10 ORDINANCE NO. FY2016-21 II 12 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 13 AMENDING KODIAK ISLAND BOROUGH PERSONNEL CODE CHAPTER 4 14 HIRING AND ADVANCEMENT SECTION 402 JOB VACANCIES AND 15 SECTION 405 JOB POSTING TO ALLOW AN ALTERNATIVE FOR THE 16 BOROUGH TO RECRUIT NEW APPLICANTS 17 18 WHEREAS, this ordinance would allow an alternative for the borough to recruit new 19 applicants when a position becomes vacant; and 20 21 WHEREAS, the Borough wants to have efficient and flexible processes to ensure qualified 22 staff are recruited; and 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH THAT: 26 27 Section 1: This ordinance is of a general and permanent nature and shall become a part of 28 the Kodiak Island Borough Personnel Manual. 29 30 Section 2: Amendments and revisions to the KIB Personnel Manual as identified below are 31 here by implemented upon adoption. 32 33 Section 3: KIB Personnel Manual Chapter 4 Hiring and Advancement Section 402 Job 34 vacancies is hereby amended as follows: 35 36 Section 402 Job Vacancies 37 38 f9F five (6) WGFIkIng days on the employee bulletin 11ORMS Netines ef the varanGy 39 40 4815A the in heuse appiinants at the end ef the We (6) days, the position will than 41 42 43 Position vacancies may be filled by promotion of existing borough 44 employees whenever practicable and in the best Interest of the borough. if 45 such an employee is the most qualified applicant for the position. 46 Applicants for promotions must meet the qualifications for the vacant 47 positions as described in the recruitment announcement. The borough Is 48 not required to promote such employees to vacant positions. The manager 49 maV, at his or her discretion recruit from the existing borough employees. 50 Alternatively, recruitment may also Include new applicants through 51 simultaneous announcement of positions Internally and publicly to allow Kodiak Island Borough, Alaska Ordinance No. FY2016-21 Page 1 of 2 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The... Page 5 of 157 AGENDA ITEM #9.9.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 6 of 157 52 recruitment of new applicants. Recruitment may be conducted with the 53 assistance of employment referral services. 54 55 Section 4: KIB Personnel Manual Chapter 4 Hiring and Advancement Section 405 Job 56 Posting are hereby amended as follows: 57 58 Section 405 Job Posting 59 Any Kodiak Island Borough position which is to be vacated, has been vacated 60 or any position that has been created shall be posted within the Borough. 61 Alternatively, recruitment may also include new applicants through 62 simultaneous announcement of positions internally and publicly to allow 63 recruitment of new applicants. The posting shall state the details and 64 qualifications applicable to the position. Post .^g-mill-�ug"..-w..A..^W 65 beards -i 66 67 68 required-by-Ehe-pasting, 69 70 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 71 THIS DAY OF 2016 72 73 74 KODIAK ISLAND BOROUGH 75 76 77 78 Jerrol Friend, Borough Mayor 79 80 ATTEST: 81 82 83 84 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2016-21 Page 2 of 2 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 6 of 157 AGENDA ITEM #9.9.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The... Page 7 of 157 1 CITY OF WASILLA 2 3.50.010 GENERAL POLICY. 3 (C) Position vacancies maybe filled by promotion of existing city employees whenever 4 practicable and in the best interest of the city, if such an employee is the most qualified applicant 5 for the position. Applicants for promotions must meet the qualifications for the vacant positions 6 as described in the recruitment announcement. The city is not required to promote such 7 employees to vacant positions. 8 3.50.030 RECRUITMENT. 9 (A) Vacant positions in a small workforce make getting the job done difficult for the 10 remaining employees. Therefore, as soon as practicable after receiving the resignation of an I I employee, or in the event of a position vacancy, if the position is to be filled, the mayor or his or 12 her designated representative shall solicit applications for that position. If a qualified person is 13 available among existing city employees, the mayor may, at his or her discretion, recruit from the 14 existing city employees. Alternatively, recruitment may include new applicants. Recruitment 15 may be conducted with the assistance of employment referral services. 16 (E) Employees in layoff status for 12 months or less, who requested reemployment in writing 17 and otherwise qualify for reemployment rights, shall be considered for vacancies for which they 18 are qualified and for which they have applied. A person so reemployed shall not be subject to a 19 probationary period if one was previously completed and he or she is reemployed in his or her 20 former position. 21 (C) Confidential or managerial positions that are wholly or partially exempt from the 22 classified service may be filled without regard to the above recruiting process by direct 23 appointment of qualified individuals, at the discretion of the mayor. 24 (D) The city may require examination of qualified applicants to ensure they are qualified for 25 the position and to assist in rating and ranking of applicants. Polity and procedures for 26 examining applicants may be written at the discretion of the mayor. 27 28 29 Kodiak Island Borough, Alaska Ordinance No. FY2016-21 Page 1 of 1 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The... Page 7 of 157 AGENDA ITEM #9.9.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 8 of 157 CHAPTER 1 OBJECTIVES AND SCOPE Section 101 AUTHORITY The following policies and procedures are promulgated under the authority of Ordinance No. 77-31-0 of the Kodiak Island Borough, amending Chapter 2.12 of the municipal Code as revised by Ordinance No. 94-18, Adopted September 1, 1994 by the Kodiak Island Borough Assembly. 102 PURPOSE It is the purpose of this manual to establish a system of uniform personnel policies and procedures that shall assure high quality of personnel administration in full compliance with all applicable state and federal requirements and in keeping with generally accepted personnel management standards. 103 SCOPE The scope of this manual includes a compilation of policies and procedures for personnel administration of all employees of the Borough. "Terns and conditions of employment", as used in this manual, shall mean the hours of employment, the compensation and fringe benefits, and the employer's personnel policies afFecting the working conditions of the employees; but does not mean general policies describing the function and purposes of a public employer. 104 NON-DISCRIMINATION/EOUAL EMPLOYMENT OPPORTUNITY The Borough and its employees are committed to the principle of equal employment opportunity in all employment practices. Employees shall not be discriminated against with respect to compensation, terms or conditions of employment because of age, sex, sexual orientation, marital status, changes in marital status, pregnancy or parenthood, race, religion, color, national origin, union activity, or disability. HOS AMENDMENTS Amendments to this manual of personnel policies and procedures shall be made by ordinance only. The pages so affected shall be typed by the Manager's Office upon passage of each ordinance, and copies distributed to each employee for insertion and/or replacement in their copies of the Personnel Manual. The policies and procedures contained in this manual constitute guidelines only, they do not constitute part of an employment contract. The Kodiak Island Borough reserves the right to amend any provision contained herein. ocmb , 19, 1"s 1.1 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 8 of 157 AGENDA ITEM #9.9.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 9 of 157 CHAPTER 2 ORGANIZATION AND DELEGATION OF AUTHORITY Section 201 PURPOSE Proper organization and delegation of authority are essential to efrective Borough government administration and management. 'rhe responsibilities and authorities delineated in this chapter are intended to establish a clear understanding of the role that each segment of Borough government must play in order to create and administer a sound personnel management program. 202 RESPONSIBILITY AND AUTHORITY 202.1 Borough Assembly, The Borough Assembly shall have overall responsibility and authority to establish Borough policy regarding personnel matters including the following: a. Appoint and dismiss members of the Personnel Board. b. Assign such additional duties to the Personnel Board as it deems appropriate. C. Approve the Borough's budget, including requests for personnel management funds. d. Approve personnel policies and procedures developed by the Personnel Board. e. Approve recommendations provided by the Working Conditions Advisory Council. 202.2 Borough Manager. The Borough Manager shall have the responsibility and authority to administer the personnel policies and procedures adopted by the Borough Assembly. a. Establish and maintain records of all employees in the Borough service, which shall include the position title, pay, and other pertinent data. The confidentiality of personnel records shall be in conformance with the provisions of the Privacy Act. The release of public information pertaining to employees and personnel records shall be consistent with the intent of the Freedom of Information Act (FOIA). b. Develop and administer an affirmative action program to provide for equal opportunity in all aspects of Borough personnel administration. C. Foster and develop, in cooperation with appointing authorities and others, programs for the Improvement of employees' effectiveness and Productivity, including training, safety, health, counseling, and welfare. d. Maintain the classification and pay plans. e. Administer the Borough's recruitment and selection program. 09bbcr 19, 1999 2.1 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 9 of 157 AGENDA ITEM #9.9.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 10 of 157 f. Insure uniformity in the application of discipline and processing of employee grievances. g. Prepare and adopt such forms, reports, and procedures as may be necessary to carry out the Borough's personnel program. It. Appoint and dismiss all Borough personnel except those appointed by the Assembly as stated in the applicable ordinance. I. Provide a general orientation program which reviews significant policies and benefits orthe Personnel Policies and Procedures Manual and issue a manual to each new employee 202.3 Department Heads. Department heads shall have the responsibility and authority to: a. Enforce the personnel policies and administer the merit system in their department. b. Keep employees in their departments informed of current personnel policies and procedures. C. Participate in the grievance procedures as specified. d. Appoint employees to vacant positions within their respective departments in accordance with established personnel rules and procedures. e. Develop training programs for employees within their respective departments. f. Administer discipline within their respective departments according to established procedures and delegate such authority to supervisory personnel as deemed appropriate. g. Conduct orientation for each new employee and review a copy of the current position description, which outlines job duties, with each new employee. Such orientation shall include introductions to fellow workers, work standards, safety regulations, break periods, supplies, and other departmental operating procedures. h. Has appointing and dismissal authority over all employees under the department head's jurisdiction as delegated by the Borough Manager. 202.4 Supervisory Personnel. Supervisory personnel shall have the responsibility and authority to: a. Implement personnel policies, rules, and regulations in the units under their supervision. b. Administer discipline to employees under their supervision and recommend dismissal, if warranted. C. Train new employees and participate in the development of other employees. d. Evaluate employee performance. e. Participate in the grievance procedures as specified. 202.5 All Employees. Employees of the Borough shall be presented with a copy of this personnel policy on the hiring date and shall have the responsibility to: mwb. 19, 1999 2.2 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 10 of 157 AGENDA ITEM #9.9.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 11 of 157 a. Read and understand these rules and ask the immediate supervisor to explain these rules if questions arise. b. Understand the function of the department assigned and how that function relates to the total mission of the Borough and all of its departments. C. Discuss with the immediate su rvisor any questions relating to the interpretation or application of these rules. d. Bring to the attention of the immediate supervisor any change in duties as outlined in the position description given to the employee at hiring. e. Submit in writing recommended changes to these rules first to the immediate supervisor, then the department head, and then the Borough Manager to be considered by the Personnel Board. 203 ORGANIZATION AND DUTIES OF THE PERSONNEL BOARD The Borough Assembly shall appoint a Personnel Board consisting of five (5) members. The term of each member shall be three (3) years. The terms of appointments to the Board shall be staggered so that two (2) members are appointed each year for two consecutive years and one (1) member is appointed the third year. The regular term of a member of the Board shall commence on January 1st of the year of appointment and shall expire on December 31st of the year the term expires. A member of the Personnel Board may not hold an elected office or be an employee in the Kodiak Island Borough government and must be a registered voter in the Kodiak Island Borough. In appointing members to the Personnel Board, the Borough Assembly will take into consideration the recommendations made by Borough employees, the Borough Manager, any resident of the Borough and their own recommendations. Appointments should be somewhat consistent with the overall ethnic composition of the population of the community. All vacant positions and anticipated vacancies on the Borough Personnel Board will be advertised, via local media, at least three weeks prior to the filling of the vacancy by the Assembly. A member of the Personnel Board may be removed from office by the Borough Assembly for incompetency, dereliction of duty, three consecutive unexcused absences from official Personnel Board meetings, or other abuse after being given a copy of the charges and an opportunity to be heard publicly on such charges before the Assembly. The Personnel Board will receive all recommendations concerning additions, revisions, or deletions to/from the Borough Personnel Policies and Procedures Manuel. In addition, they may formulate their own recommendations conceming the Borough Personnel Policy. These recommendations should have input from the Borough Manager prior to action. The Assembly will then consider these recommendations, and if approved as presented or approved in amended form by ordinance, will become permanent additions, revisions, or deletions to/from the Borough Personnel Policy. In addition, the Personnel Board shall have the responsibility and authority to: A. Hold official public Personnel Board meetings at least, but not limited to once per quarter. The required meeting will be held at a time determined by the Board each quarter, giving Borough employees at least five (5) working days' notice prior to the meeting. B. Work sessions or special meetings may be called by either the chairman or two (2) members of the Personnel Board, giving Borough employees at least five (5) working days notice prior to the meeting. Fcbmu 27, 2W7 2.3 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 11 of 157 AGENDA ITEM #9.9.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 12 of 157 C. Establish a quorum of three (3) members for regular and special meetings with no recommendations to go before the Assembly without a majority of the Personnel Board voting affirmatively. D. Furnish written minutes of these public meetings for the Borough files and one copy to each department for posting. The minutes will be posted within five (5) working days of such meeting. The Assembly will furnish the Personnel Board with the secretarial and clerical staff necessary to carry out its stated functions. E. Elect a chairman, vice-chairman, and secretary; the secretary need not be a member of the Board. The Board shall determine the time and place of its regular meetings. F. Advise the Assembly on matters concerning personnel administration, in writing, after each official Personnel Board meeting. G. Review job descriptions as prepared by the Borough administration and submitted by the Borough Manager for the purpose of determining placement in a pay range using the salary placement process as adopted by the Assembly. H. Perform other related duties as may be necessary to fulfil its responsibilities as outlined in the Personnel Policy or as may be assigned by the Assembly. It may also have the additional authority of promulgating its own rules and regulations, subject to Assembly approval. 204 ORGANIZATION AND DUTIES OF THE WORKING CONDITIONS ADVISORY COUNCIL 204.1 Ortranization of Advisory Council There is created a Working Conditions Advisory Council which shall have as its purpose the presentation to the Borough Assembly recommendations, advice and suggestions regarding terns and conditions of employment for employees who are not represented by a collective bargaining organization, including department heads. The Advisory Council shall consist of five persons elected by the covered employees and who may present advice, recommendations and discussions to the Borough Assembly at least quarterly or more frequently if requested by the Advisory Council or the Borough Assembly upon reasonable notice. 204.2 Authority of Advisory Council The Advisory Council's recommendations, advice and suggestions to the Borough Assembly shall be considered in good faith by the Borough Assembly, but shall have no binding effect on the Borough Assembly. All Advisory Council recommendations shall be presented at a regular Assembly meeting for action by the Assembly. The members of the Advisory Council selected by the covered employees shall serve for a period of at least one year from the date of election of the members of such Advisory Council by the covered employees. No more frequently than once a year, the Borough Assembly may for good cause request an affidavit or other reasonable evidence that the Advisory Council continues to represent the interests of the majority of the covered employees. M- b 19,199$ 24 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 12 of 157 AGENDA ITEM #9.9.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 13 of 157 204,3 Election of Advisory Council The covered employees shall by secret ballot elect five representatives to sit on the Advisory Council. The municipal clerk shall provide secretarial or other administrative services to the covered employees for election of said Advisory Council members. An election shall occur no more frequently than once a year commencing with the first election to be held within two months of the passage of this article. The Advisory Council may prescribe rules and procedures to complete its duties on behalf of the covered employees, subject to approval of such rules and procedures by the majority of covered employees. Should a majority of all covered employees decline to participate in an election of an Advisory Council or should a majority of the covered employyees decline to be represented by an Advisory Council, no Advisory Council shall considered as a s kesperson for the covered employees for a period of at least one year from the date such a determination by the covered employees is demonstrated. 204.4 Application of Other Provisions The provisions of the Borough Charter and Code, including the current Kodiak- odiakIsland IslandBorou&h Personnel Rules and Regulations, shall, if inconsistent with advice, recommendations or suggestions of the Advisory Council, be controlling; provided, however that the Advisory Council shall have the opportunity to comment upon and seek revision to the Personnel Rules. Theprovisions of the Public Employment Relations Act (AS 23.40) shall control if inconsistent with the provisions of this article. Mt.b ' 19, M8 2-5 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 13 of 157 AGENDA ITEM #9.9.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 14 of 157 CHAPTER 4 HIRING AND ADVANCEMENT Section Sl DESIGNATION OF EMPLOYEES Reaular Employee: A regular employee is an employee who has successfully completed his/her probationary period in a position that is part of the regular complement needed for performing Borough services as determined by the Borough Assembly. Reaular Full -Time Employee: A regular full-time employee is one who is employed to work a regular schedule of established weekly hours. The minimum established weekly hours shall be at least thirty (30) hours a week. Re ular Per -Time Em I A regular part-time employee is one who is F_ mployed to wort a regular sc edule with established weekly hours totaling less than thirty (30) hours a week. Temnorum Employee: A temporary employee is one who is employed to auprnent the workt'orce whenever the workload temporarily requires additional help, or in the event of an emergency or unanticipated situation for a period not to exceed six (6) months. Temporary employees shall not accrue fringe benefits under this agreement. If a temporary employee is extended be end six (6) months, he/she shall accrue sick leave, vacation and seniority from the date of hire the same as a regular employee. 402 JOB VACANCIES Notices of position vacancies shall be publicized first to all Borough employees for five (5) working days on the employee bulletin boards. Notices of the vacancy will also be copied to each department. If a qualified candidate is not selected from the in-house applicants at the end of the five (5) days, the position will then be advertised outside for at least ten (10) working days. 403 TEMPORARY POSITIONS Temporary positions (positions lasting up to 6 months) may be advertised both in- house and outside according to the above timelines, however, if immediate assistance is needed, temporary positions can be filled immediately. If short-term, temporary labor is needed for work not covered by a job description (such as manual labor for a borough project), the wage rate will be based on the skill -level needed to perform the particular task and will be determined by the Manager. 404 INTERNS The Kodiak Island Borough is a vehicle for attracting college and high school students into local government occupations. As such, it allows opportunity for training and beginning professional and technical positions while still attending scheot. In order to qualify, the intern must be a hi pdi school or college student who [minin has the necessary academic g in the forth o class work and research papers and/or who also possesses the initiative to demonstrate his or her potential in the May 15, 2014 4-1 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 14 of 157 AGENDA ITEM #9.9.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 15 of 157 field of local government. Interns will be considered temporary employees under this manual and will be subject to the same policies and time limits as temporary - employees. Wage rates will be based on the job being performed and the skill -level needed to perform the particular tasks. AM JOB POSTING Any Kodiak Island Borough position which has been vacated or any position that has been created shall be posted within the Borough. The posting shall state the details and qualifications applicable to the position. Posting will be on Borough bulletin boards for a minimum of five (5) working days. Any regular employee may, within five working days from the date of job posting, present in writing to the personnel department his/her application. Such application will include all data required by the posting. 406 JOB ANNOUNCEMENTS AND PUBLICITY In order to attract candidates for vacancies, the Borough Manager will issue job announcements which will be posted on the Borough bulletin boards and through the media including, but not limited to, the local newspaper. Job announcements shall be clear and readable. They shalt include job title, salary range, job qualification requirements, and examination information (including the time, place and manner of completing applications, and other pertinent information). 407 OUALIFICATIONS FOR APPOINTMENT Employees shall meet the requirements for the respective positions as spelled out in the job descriptions. The final determination of whether or not the applicant meets the requirements of a respective position shall be made by the Manager or his designee. If two candidates are equally qualified for a position in the judgement of the supervisor, seniority will prevail. Preference will be given first to Kodiak Island Borough residents, then to Alaska residents and then to outside applicants. No preference shall be given in the employment of personnel to persons who are related to any employee of the Borough. The hiring of any relatives of Assembly members and the Borough Mayor is prohibited. 408 SELECTION PROCESS The applicable supervisor assisted by the personnel assistant will evaluate all written applications on a numerical basis on a form (drawn from the position description) provided by the personnel office. Based on this evaluation, two (2) or more candidates will be selected for interviews. Interviews will be conducted by the supervisor with the personnel assistant in attendance unless the interviews are not held in Kodiak. If two or more final candidates are located off -island, the normal policy will be that the supervisor will travel to a location where all interviews can be conducted as effectively as possible. The oral interview will be conducted with a numerical evaluation on a second form (drawn from the position description) and the personnel office. In addition, a written examination or STby demonstration may be required if apQropriate. Upon completion of all interviews, the supervisor will make a final selection. My 15. 2014 42 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 15 of 157 AGENDA ITEM #9.9.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 16 of 157 409 ENTRANCE WAGE RATE The start pay rate for the applicable job classification will be the minimum rate of pay for new employees. The department head, subject to managerial approval, may place a new employee above the start rate, when such placement is a result of the new employee's directly applicable work experience and credentials. Assembly approval is required for any starting placement above Step C. 4� SHIFT DIFFERENTIAL An employee who is assigned to a swing shift (defined as any eight (8) consecutive hours (excluding lunch) beginning between 4:00 p.m. to midnight) shall receive four (4) percent premium pay in addition to his/her regular salary for the period served on swing shift for any day worked as a swing shift. An employee who is assigned to a graveyard shift (defined as the hours from midnight until 8:00 a.m.) shall receive six (6) percentpremium pay in addition to his/her regular salary for the period served on graveyard shift for any day worked as a graveyard shift. If an employee is assigned to work a swing shift or graveyard shift on a regular basis, then sick leave. holiday pay, and annual leave will be paid at the relevant differential percentage. If an employee sporadically works a swing shift as well as normal shifts, then sick leave and annual leave will be paid at the employee's regular salary. An employee shall not be required to begin any shift change without a minimum of an eight (8) hour break between the end of their regular shift and the beginning of their new shift. The employee shall be notified of this shift change at least twenty- four (24) hours prior to the beginning of said shift or be paid the applicable overtime rate for all hours worked on the first day of the new shift. 411 STEP INCREASES All new regular employees after serving a six-month probationary period of overall satisfactory performance, as indicated on the Kodiak Island Borough Performance Evaluation Report form, shall receive a step increase (see sample forms in Appendix B - Forms Section). Each employee is eligible, if overall performance is satisfactory, for an annual step increase on each anniversary date when 1560 hours or more of work have been accumulated. Step increases occur in the manner above in accordance with the respective wage schedule for each position as set forth in Appendix A. In the event the department head determines by the evaluation that an employee has not satisfactorily performed the job, the department head may suspend the employee's step increase for a period of time during which certain specific improvements must be made. Notice of such step increase deferral and the reasons for it shall be given to the employee in writing with a copy to the Borough Manager. When the department head has determined that the employee has achieved satisfactory improvement, the suspended step increase may be approved at any time during the extended period. The suspended step increase will not be retroactive to the employee's anniversary date. When an employee has received a deferred step increase, he/she will be eligible for future annual increases one calendar year from hby 15,:ai4 4a Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 16 of 157 AGENDA ITEM #9.9.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 17 of 157 the date of his/her last step increase, provided the employee has completed 1560 compensable hours of service. 411.1 Special Merit increases A Special Merit Increase (equivalent to one step) shall be granted to an employee for outstanding performance, when justified in writing by the department head and subject to the approval of the Borough Manager. This increase is in addition to normal step increases and does not effect the anniversary date. Department heads may recommend employees for special merit increases in recognition of: A. Outstanding service B. Special acts of accomplishment C. Significant achievements in additional and job-related education or specialized training (outside normal working hours and other than required by the Borough) which enabled the individual to do his/her work more effectively and from which the Borough tends to benefit. 411.2 Longevity Pay A regular full-time employee shall receive an additional monetary benefit based on the length of employment with the Borough. Any break in employment longer than thirty (30) calendar days will advance the eligibility date by the number of days in excess of 30. Time served as a temporary employee shall not be included. The following amounts shall be granted employees employed on or before July 7, 1983 in addition to their current pay rate excluding overtime: A. Seven (7) years of total service - 5 percent of dollar value of employee's current pay rate. B. Ten (10) years of total service, an additional 5 percent of dollar value of employee's current pay rate. C. Fifteen (15) years of total service, an additional 5 percent of dollar value of employee's current pay rate. The following amounts shall be granted employees employed after July 7, 1983 in addition to their current pay rate excluding overtime: A. Ten (10) years of total service, an additional 5 percent of dollar value of employee's current pay rate. B. Fifteen (15) years of total service, an additional 5 percent of dollar value of employee's current pay rate. The following amounts shall be granted employees employed after October 1, 1994: Fifteen (15) years of total service, 5 percent of dollar value of employee's current pay rate. M" 15, 2014 44 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 17 of 157 AGENDA ITEM #9.9.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 18 of 157 412 TEMPORARY ASSIGNMENTS At the discretion of the Manager, an employee may be assigned to some of the duties created by an employee who is temporarily absent from their position. If this re -assignment is made for more than fourteen (14) calendar days, the employee shall be the higher If the is higher than compensated at rate of pay. employee's pay rate or the same as Step A of the position to be filled temporarily, the employee shall be paid at the next higher step above his/her current rate of pay. 413 EMPLOYEE TRANSFERS Any regular Borough employee shall have the right to request and may be considered for a voluntary transfer for a specific job. Any transfer request shall be made in writing and delivered to the Personnel Office. Regular employees may be allowed to transfer or request a change of assignment prior to filling a vacancy with a new hire. When an employee is transferred from one position to another with a common pay range, the rate of pay shall remain the same. When an employee transfers from one position to another having a lower Pay range, the rate of pay shall remain the same unless it exceeds the maximum step to the new range. If the current rate of pay exceeds the maximum step in the new range, the rate of pay will be the maximum step in the new range. If the employee's current rate of pay falls within the range of the lower pay range, the pay shall remain the same and will be placed on the proper step of the new lower pay range. The employee's anniversary date shall change to the effective date of the transfer. Any employee who transfers shall be given a reasonable period, not to exceed ninety (90) calendar days, to become acquainted with the job and to demonstrate ability to fill the job satisfactorily. The supervisor shall prepare a written performance evaluation on day eighty (80) of the evaluation period and will review this evaluation with the employee before day ninety (90). If during the evaluation period the employee demonstrates unsatisfactory ability for the job, the employee shall be returned to the employee's former job without loss of seniority and with no recourse to the grievance/arbitration procedure. The employee may opt to return to the former position within the ninety (90) calendar days. In this event, the rate of pay and anniversary date shall return to be the same as before the transfer. 414 PROBATIONARY PERIOD All new regular employees shall serve a six (6) month probationary period. Any employee terminated under this Provision shall have no recourse to the grievance procedure. All benefits and seniority credits shall accrue during the probationary period. Time served as a temporary employee shall count towards the probationary period if the employee is subsequently hired into the same position as a regular employee, provided there hos been no break in service greater than 60 days. May 15.2014 Fs Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 18 of 157 AGENDA ITEM #9.9.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 19 of 157 415 EVALUATION The Borough and employees endorse written evaluation of all employees by supervisors for the purpose of evaluating the employees' strengths and weaknesses in theirjob performance. The written evaluation shall include a rating and comment on each of the position duties described in the job description and the completion of the Kodiak Island Borough Performance Evaluation Report (see sample forms in Appendix B - Forms Section). The overall rating on the form shall be determined by the rater as the best judgment of the overall performance of the individual. This rating is not a numerical average of the individual factors. Each employee shall be evaluated at least once per year a minimum of thirty (30) days prior to their anniversary date. In the event an employee receives an unsatisfactory rating in any category of their evaluation, a personal conference will be held with the employee by the appropriate supervisor, in which his/her problems and suggestions for eliminating these problems are discussed. A written plan of improvement shall be implemented addressing the specific areas that resulted in the unsatisfactory evaluation giving specific instructions for improvement and date the employee will next be evaluated for improvement. Detailed written records of all such conferences will be maintained. The supervisor shall re-evaluate the employee in writing when the improvements have been made but in no event later than sixty (60) calendar days following the unsatisfactory rating. A supervisor who has given his/her notice of termination of employment shall be required to provide current evaluations, prior to termination, on all employees not evaluated within the last thirty (30) days. 416 PROMOTION All other things being equal, it shall be the policy of the Kodiak Island Borough to promote from within the ranks of the Borough employees. If two applicants are equally qualified, the Borough will select the most senior. When an employee is promoted from one position to another having a higher pay range, the employee shall receive an increase of one pay step, or the minimum rate of the higher pay range, whichever is greater. If the employee's current rate of pa falls within the range of the higher pay range, the pay shall be adjusted to the next higher pay step in the new position's range in order to be equal to a one step increase above the current pay rate. The employee's anniversary date shall change to the effective date of promotion. The employee shall be eligible for a one step pay increase after completing six months of overall satisfactory perrommnce. Any employee who is promoted shall be given a reasonable period, not to exceed ninety (90) calendar days, to become acquainted with the job and to demonstrate ability to fill the job satisfactorily. The supervisor shall prepare a written performance evaluation on day eighty (80) of the evaluation period and will review this evaluation with the employee before day ninety (90) (see sample Fortes in Appendix B - Fortes Section). if during the evaluation period the employee demonstrates unsatisfactory ability for the job, the employee shall be returned to the employee's farmer job without loss of seniority and with no recourse to the grievancelarbitration procedure. The employee may opt to return to the former position within the ninety (90) calendar days. In this event, the rate of pay and anniversary date shall return to be the same as before the promotion. May IS, 3014 4� Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 19 of 157 AGENDA ITEM #9.9.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 20 of 157 417 DEMOTION An employee may he demoted for any of the following reasons: A. Inability to perform duties adequately. D. Layoff because of lack of work or funds. When employees are laid off, they may apply for any available position for which they are qualified. C. Personal reasons. An employee may apply for a position with less responsibility and less pay at any time if they choose to do so. When an employee is demoted from one position to another having a lower pay range, the rate of pay shall remain the same unless it exceeds the maximum step in the new range. If the current rate of pay exceeds the maximum step in the new range, the rate of pay will be the maximum step in the new range. If the employee's current rate of pay falls within the range of the lower pay range, the pay shall remain the same and will be placed on the proper step of the new lower pay range. The employee's anniversary date shall change to the effective date of the demotion. A demoted employee shall receive a written performance evaluation after six (6) months of service in the new position. No step increase will be available until the first anniversary evaluation is completed for the new position. OFF DITTY/CALL OI1T PAY When an off duty employee is required to report for duty, the employee shall receive overtime pay for at time worked portal to portal during such call out. Such employees shall receive a minimum of one (1) hours pay or will be paid for actual time worked, whichever is greater. M y 15,2014 4-7 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 20 of 157 AGENDA ITEM #9.9.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 21 of 157 To: Mayor Friend; Kodiak Island Borough Assembly; Kodiak Island Borough Personnel Advisory Board From: Kodiak island Borough Working Conditions Advisory Council Date: June 21, 2016 Re: Ordinance FY2016-21 The Working Conditions Advisory Council (WCAC), which Is formed In accordance with the Kodiak Island Borough Personnel Manual Section 204.1 and the provisions of AS 23.40, represents those borough employees not represented by a cooperative bargaining unit. We submit this memo to the Personnel Advisory Board and the Borough Mayor and Assembly regarding the Borough Assembly's proposed Ordinance FY2016-21 Amending Kodiak Island Borough Personnel Code Chapter 4 Hiring and Advancement Section 402 Job Vacancies and Section 405 Jab Posting to Allow an Alternative for the Borough to Recruit New Applicants. The WCAC has the following concerns regarding Ordinance FY2016-21: 1. The Kodiak Island Borough Assembly is charged by AS 29.20.05U(a) and RIB 2.25.005 with the legislative power of the borough. The Manager of the Borough under AS 29.20.500 and KIB 2.45.010 is vested with the administrative power of the borough government Including, "supervision and control, directly and indirectly over all administrative departments, agencies, directors, and all other employees of the borough.." In AS 29.20.500(7), he is specifically tasked to serve as the personnel officer, unless the governing body authorizes the manager to appoint a personnel officer. Clearly the Assembly is overstepping Its authority by introducing ordinances concerning the hiring practices of borough personnel. In fact, this constitutes a lack of checks and balance of power that is a basic tenant of our representative democratic form of government whether it is on the Federal, State, or local level. The WCAC's position, which is well supported by state and local regulations, is that personnel matters fall within the Manager's responsibility and that it is not the purview of the legislative branch and therefore not appropriate for rules relating to personnel matters to come from the Assembly level. 2. Although the proposed language changes may seem benign by advertising vacancies simultaneously in-house and to the general public, it is contradictory to the current personnel policy as contained within the Personnel Manual section 416, which states, "All things being equal, it shall be the policy of the Kodiak Island Borough to promote from within the ranks of the Borough employees." Further, it is contradictory to the succession planning efforts and the employee training policies that have been so heavily endorsed by the current and past Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 21 of 157 AGENDA ITEM #9.9.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 22 of 157 assemblies. Certainly a five day wait for in-house applicants is not greatly hampering the ability of the borough to fill the position from outside sources. Further, current promotion policy (i.e. clerk 1 to clerk 2) requires advertising the job In-house and the employee applying for the higher rated position. As the proposed ordinance reads, this could lead to advertising a job in-house and externally and it Is possible that an external applicant would rate higher than the current employee. This could result in the termination of the current employee rather than a promotion. Clearly, this Is not the policy that the borough wishes to promulgate. The members of the WCAC collectively believe there should bean opportunity for recognition of a current employee's commitment and efforts to gain experience, training, mentorship, and institutional knowledge prior to accepting external applications. 3. The language in the ordinance "whenever practicable and in the best Interest of the borough" is subjective. Who or what determines when R Is practicable and in the best interest of the borough? The manager currently has this duty under AS 29.20.500 and KIB 2.45.030. The proposed changes Indicate that the Assembly is delving Into mlcmmanaging the day-to-day administration of the borough, which is not good governance. 4. Lastly, when we allow the legislative body to draft, Introduce and approve an ordinance concerning personnel Issues, we have no need for the Personnel Board's Input as it an be Ignored. After all It is only an advisory board. This is Indeed a very dangerous precedent. For the above reasons, It Is the request of the WCAC that the Personnel Advisory Board not recommend approval of Ordinance FY2016-21 to the Borough Assembly. The WCAC, while reviewing the personnel manual for this letter, noted additional Items that need to be clarified or addressed, and we will bring them forward at a later date. Respettirt, � William Ron Chairperson Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 22 of 157 AGENDA ITEM #9.9.A. KODIAK ISLAND BOROUGH OFFICE of the MANAGER Date: August 4, 2016 To: Mayor and Assembly From: Personnel Adviso ry Board Subject: Ordinance #FY2016-21 I i Diu CQ,7:11►`11111►y I The Personnel Advisory Board of the Kodiak Island Borough met on June 23, 2016 and again yesterday, August 3, 2016, to consider the proposed Ordinance #FY2016-21 that would change language in the Hiring and Advancement Chapter of the Personnel Manual. The new language removes the five-day internal recruitment requirement and, therefore, removes the practice to first consider any internal applicants, or current employees, who meet the minimum qualifications as described in the job description and are In good employment standing. At our August 3'd meeting, the Personnel Advisory Board unanimously agreed to recommend the Assembly postpone the ordinance indefinitely for the following reasons. First, Section 416 "Promotion" of the Personnel Manual states, "All other things being equal, It shall be the policy of the Kodiak Island Borough to promote from within the ranks of the Borough Employees." It has also been the practice of the Borough to recruit Internally before opening recruitment to the outside. Based on feedback we received from many Borough employees, they view this policy as a benefit to them as employees, a motivation to remain a dedicated employee, and indication that the Borough values their contributions and service. A change to the language that would no longer grant this opportunity will have a significant impact on employee morale, and will essentially change the Borough's philosophy on the value of promoting from within. Second, passing this ordinance would only affect non-union positions (less than 10'Yo of the workforce) as this is a topic that would need to be brought to the negotiating table this November. Union employees have adamantly described that the proposed change would not be passed by the Union as the current policy and practice is viewed as a significant benefit to employees at a time when employee benefits are dwindling due to rising costs and budget considerations. If the ordinance is passed by the Assembly but does not make it through Union negotiations, Borough Management will be burdened with the duty of managing two separate recruitment policies. Given negotiations are only a few months away, it seems more appropriate to bring any proposed language to the table and create a consistent policy based on the results of negotiations. We recommend that you, our Borough Assembly, postpone the proposed ordinance at this time. We thank you for your consideration and for allowing us to serve the Borough as members of the Personnel Advisory Board. Respectfully submitted, Lynn B sh, Chair Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 23 of 157 AGENDA ITEM #9.9.A. Working Conditions Advisory Council Memos Memos dated June 21, 2016 and July 16, 2016 from the Non -Union Borough employees in opposition to Ordinance No. FY2016-21, and the proposed changes to the Personnel Manual; and stating their recommendation that Ordinance No. FY2016-21 be postponed indefinitely. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 24 of 157 AGENDA ITEM #9.9.A. Lauri Whiddon From: Lauri Whiddon Sent Wednesday, June 22, 201610:33 AM To: 'Lynn Bash' (lynnbash@rocketmail.com); Lindsey Howell (Lindsey.Howell@kodiakhealthcare.org); brendazawacki@providence.org Subject: PAS Meeting June 23, 2016 Attachments: WCAC memo to PAS signed.pcif Good Morning Board Members, The Working Conditions Advisory Council met yesterday in response to proposed Ordinance FY2016.21, which will be discussed at our meeting tomorrow night. This memo is to be made part of your meeting packet, and I will have extra copies at the meeting. Information about the Working Conditions Advisory Council is covered under Chapter 2 of the Personnel Manual and was included in your packet for the meeting. If you have any questions, please let me know. Regards, Lauri I:uui Whiddon, I1IR, 51IRAI CI' Ilk Of6rr1/F_eecutivc dssislnnl Offi,c of Ills W1011gh A1,111ago Kochak Island Itorrnigh 710 Mill Bay Road, Room Nn Kodiak, AK 95615 P: 907.48G.00I 1': 907:186.9:174 lwhiddon a kmEaLlk.us litim//smAy.kodia' •.us Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 25 of 157 AGENDA ITEM #9.9.A. TO: Mayor Friend; Kodiak Island Borough Assembly; Kodiak Island Borough Personnel Advisory Board From: Kodiak Island Borough Working Conditions Advisory Council Date: June 21, 2016 Re: Ordinance FY2016-21 The Working Conditions Advisory Council (WCAC), which is formed in accordance with the Kodiak Island Borough Personnel Manual Section 204.1 and the provisions of AS 23.40, represents those borough employees not represented by a cooperative bargaining unit. We submit this memo to the Personnel Advisory Board and the Borough Mayor and Assembly regarding the Borough Assembly's proposed Ordinance FY2016.21 Amending Kodiak Island Borough Personnel Code Chapter Hiring and Advancement Section 402 Job Vacancies and Section 405 Job Posting to Allow an Alternative for the Borough to Recruit New Applicants. The WCAC has the following concerns regarding Ordinance FY2016.21: 1. The Kodiak Island Borough Assembly is charged by AS 29.20.050(a) and KIB 2.25.005 with the legislative power of the borough. The Manager of the Borough under AS 29.20.500 and KIB 2.45.010 is vested with the administrative power of the borough government including, "supervision and control, directly and indirectly over all administrative departments, agencies, directors, and all other employees of the borough.." In AS 29.20.500(7), he is specifically tasked to serve as the personnel officer, unless the governing body authorizes the manager to appoint a personnel officer. Clearly the Assembly is overstepping its authority by introducing ordinances concerning the hiring practices of borough personnel. In fact, this constitutes a lack of checks and balance of power that is a basic tenant of our representative democratic form of government whether It is on the Federal, State, or local level. The WCAC's position, which is well supported by state and local regulations, is that personnel matters fall within the Managers responsibility and that it is not the purview of the legislative branch and therefore not appropriate for rules relating to personnel matters to come from the Assembly level. 2. Although the proposed language changes may seem benign by advertising vacancies simultaneously in-house and to the general public, it Is contradictory to the current personnel policy as contained within the Personnel Manual section 416, which states, "All things being equal, it shall be the policy of the Kodiak Island Borough to promote from within the ranks of the Borough employees." Further, it is contradictory to the succession planning efforts and the employee training policies that have been so heavily endorsed by the current and past Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 26 of 157 AGENDA ITEM #9.9.A. assemblies. Certainly a five day wait for in-house applicants is not greatly hampering the ability of the borough to fill the position from outside sources. Further, current promotion policy (i.e. clerk 1 to clerk 2) requires advertising the job in-house and the employee applying for the higher rated position. As the proposed ordinance reads, this could lead to advertising a job in-house and externally and it is possible that an external applicant would rate higher than the current employee. This could result in the termination of the current employee rather than a promotion. Clearly, this is not the policy that the borough wishes to promulgate. The members of the WCAC collectively believe there should be an opportunity for recognition of a current employee's commitment and efforts to gain experience, training, mentorship, and institutional knowledge prior to accepting external applications. 3. The language In the ordinance "whenever practicable and in the best Interest of the borough" is subjective. Who or what determines when it is practicable and In the best interest of the borough? The manager currently has this duty under AS 29.20.500 and KIB 2.45.030. The proposed changes indicate that the Assembly is delving into micromanaging the day-to-day administration of the borough, which is not goad governance. 4. Lastly, when we allow the legislative body to draft, introduce and approve an ordinance concerning personnel issues, we have no need for the Personnel Board's Input as it can be ignored. After all it is only an advisory board. This is indeed a very dangerous precedent. For the above reasons, It is the request of the WCAC that the Personnel Advisory Board not recommend approval of Ordinance FY2016-21 to the Borough Assembly. The WCAC, while reviewing the personnel manual for this letter, noted additional items that need to be clarified or addressed, and we will bring them forward at a later date. %Respectfullyy Wlliiam Rob rts � Chairperson Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The... Page 27 of 157 AGENDA ITEM #9.9.A. To: Kodiak Island Borough Personnel Advisory Board CC: Mayor Friend; Kodiak Island Borough Assembly From: Kodiak Island Borough Working Conditions Advisory Council July 18, 2016 The Working Conditions Advisory Council (WCAC), which is formed in accordance with the Kodiak Island Borough Personnel Manual Section 204.1 and the provisions of AS 23.40, represents those borough employees not represented by a cooperative bargaining unit. We previously submitted a memo to the Personnel Advisory Board (PAB) on June 16'" outlining reasons for our objections to the Borough Assembly's proposed Ordinance FY2016-21 Amending Kodiak Island Borough Personnel Code Chapter4 Hiring and Advancement Section 402 Job Vacancies and Section 405 Job Posting to Allow an Alternative for the Borough to Recruit New Applicants. At the PAB meeting in lune, the committee did not take final action on their recommendations concerning that Ordinance and proposed the option to explore wordsmithing the document to ensure that there was a preference for hiring in-house. The WCACs position and opposition to this ordinance has not changed over the last month. However, rather than wordsmithing the current document we strongly suggest that the PAB recommend to the assembly that they postpone indefinitely this ordinance. The reason for postponement is that there are other items in this section of the Personnel Manual that need to be addressed and changed, such as rules for internal promotion, definitions for temporary and part-time employees and employee transfers. It is far better to complete a comprehensive rewrite of the manual than to address it piecemeal. As noted In our June 16" memo under AS 29.20.500(7), the manager is specifically tasked to serve as the personnel officer, unless the governing body authorizes the manager to appoint a personnel officer. The proposed ordinance really serves no purpose. At best, it may allow latitude to allow for advertising job openings to the general public five days earlier (as It allows for possible simultaneous advertisement in-house and to the general public, although this is not mandatory). The "Whereas" statements introducing the ordinance do not propose to cure an ill with the current system, just change the current procedures to no benefit to the current hiring practices of the borough administration. The current Personnel Manual does need a revision on how the borough departments promote from within and how borough departments can re -organize within their departments, but it needs to be a comprehensive revision, which this ordinance is not. R�e%sp�ectfully, _ William Robe s Chairperson Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 28 of 157 AGENDA ITEM #9.9.A. IBEW Shoo Steward Memo Email response regarding input to the proposed changes to the Personnel Manual and Ordinance #FY2016-21. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 29 of 157 AGENDA ITEM #9.9.A. Lauri Whiddon From: Duane Dvorak Sent* Friday, June 10, 2016 12:06 PM To: Lauri Whiddon; John Rhines;jbjwood2OD0@yahoo.com Subject: RE: Ordinance FY2016-21 Lauri, Thanks for the notification of this potential change to borough code. We have spoken with our union representative and it looks like a topic that we would need to bargain over if it is adopted and the intent is to apply it to bargaining unit positions. We will need some time to discuss this amongst our bargaining unit members to see how the members feel about this potential change. We recognize that, if adopted, this change would immediately apply to exempt positions within the borough. Given that we have a contract cycle coming to a close on December 31, 2016, we would expect that this could be a subject of bargaining during the process of renewing that agreement. It is not anticipated that there is a need to bargain over this one item outside of the normal contract cycle. We will endeavor to be ready to discuss this matter when the appropriate time has arrived. Thanks, --Duane Duane Dvorak Resource Management Officer Kodiak Island Borough Manager's Office 710 Mill Bay Road, Room 101 Kodiak AK 99615 t907) 486 .9304 (907) 486-9374 (Fax) ddvora krd kodiaka k. u s htto://v,ww.kadiaka k. us From: Lauri Whlddon Sent: Thursday, June 09, 2016 9:18 AM To: Duane Dvorak; John Rhines; ibiwood2000Calvahoo.com Subject: Ordinance FY2016-21 Shop Stewards, Please see the attached memo regarding proposed changes to the Borough hiring process. Lauri t:uul tvhiddon, ruR,suUi C I IR Offl, Li / rxet9live 'emst:lllt OffiCC of the Ibraugh Man,lger 6ahnk Island Rrn m ,,4ll 710 Mill Ray Read, Reonl 125 Kodl.Ik. AK 99G 15 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 30 of 157 AGENDA ITEM #9.9.A. KODIAK ISLAND BOROUGH OFFICE of the MANAGER MEMORANDUM TO: Duane Dvorak, Resource Management Officer Jeff Johnson, Baler II John Rhines, PC Network Tech II FROM: Lauri Whiddon, HR Officer/Executive Assistant , '2' • . THROUGH: Michael Powers, Borough Manager DATE: June 6, 2016 SUBJECT: Ordinance FY2016-21 The Borough Assembly has proposed a change to the KIB Personnel Manual, specifically Chapter 4 Hiring and Advancement Section 402 Job Vacancies and Section 405 Job Posting, to allow an altemative for the Borough to recruit new applicants for vacant positions. Ordinance FY2016-21 is attached for your consideration. This ordinance has passed through to the second reading which is scheduled for July 21, 2016 at the regular meeting of the Assembly. It is the desire of management to treat all Borough employees the same and it is strongly recommended that the Collective Bargaining Agreement (CBA) and the Personnel Manual are consistent. We therefore recommend that the CBA be changed as well. In accordance with CBA Section 19.9 Meet and Confer, as this is a matter of mutual concern to Borough employees, we are notifying you of our recommendation regarding this ordinance, and will make ourselves available to discuss. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 31 of 157 AGENDA ITEM #9.9.B. KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 4. 2016 r ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2017-02 Authorizing The Submission Of An Advisory Question To The Qualified Voters Of The Borough At The October 4, 2016 Regular Borough Election To Determine Whether The Public Supports The Idea Of Consolidating The Kodiak Island Borough And The City Of Kodiak Into A Single Unit Of Government. ORIGINATOR: Kyle Crow FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This ordinance was requested by Assembly member Crow which proposes a non binding advisory question on the October 4, 2016 election. One of the pdorilies stated in the adopted Strategic Plan Resolution No. FY2016-32 of the Assembly is to explore the potential Impacts of consolidation. This ordinance proposes the question "Should the Kodiak Island Borough pursue the idea of consolidating the Kodiak Island Borough and The City of Kodiak Into A Single Unit Of Government?' to the October 4, 2016 electorate. Also, one of the policies adopted in the January 2008 Comprehensive Plan Update is to consider consolidation of local governmental functions of agencies including among the City of Kodiak and Kodiak Island Borough. Additional information regarding consolidation is available to the Assembly and the public and this can be accessed on the following link:hftps://kodiakak.civicweb.net/filei)ro/documents/38433. All historical, current, and future information regarding consolidation will be posted online in the "featured" section an the website. In order for this advisory question to get on the ballot, the ordinance must be adopted by August 12 (53 calendar days before the election). KIBC 7.10.025 An ordinance placing propositions and questions before the voters must be adopted not later than 53 calendar days before a regular election. A substituted version of the ordinance is available in the packet. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2017-02. Move to amend by substitution. Kodiak Island Borough Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 32 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 33 of 157 1 Introduced by: Assembly Member Crow 2 SUBSTITUTED VERSION Requested by: Assembly Member Crow 3 Drafted by: Borough Clerk/Assembly 4 Member Crow VERSION 2 Introduced on: 07/21/2016 5 Public hearing: 08/04/2016 6 Adopted on: 7 a KODIAK ISLAND BOROUGH 9 ORDINANCE NO. FY 2017-02 10 11 A ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 12 AUTHORIZING THE SUBMISSION OF AN ADVISORY QUESTION 13 TO THE QUALIFIED VOTERS OF THE BOROUGH AT THE 14 OCTOBER 4, 2018 REGULAR BOROUGH ELECTION TO 15 DETERMINE WHETHER THE PUBLIC SUPPORTS THE IDEA OF 16 CONSOLIDATING THE KODIAK ISLAND BOROUGH AND THE 17 CITY OF KODIAK INTO A SINGLE UNIT OF GOVERNMENT 18 19 WHEREAS, one of the priorities stated in the adopted Strategic Plan Resolution No. FY2016- 20 32 of the Assembly Is to explore the potential impacts of consolidation; and 21 22 WHEREAS, one of the policies adopted in the January 2008 KIB Comprehensive Plan 23 Update is to consider consolidation of local governmental functions of agencies, 24 Including among the City of Kodiak and Kodiak Island Borough; and 25 26 WHEREAS, it would be of the best Interest of the residents of the community to explore the 27 potential impacts of consolidation; and 28 29 WHEREAS, consolidating the Kodiak Island Borough and the City of Kodiak Into a single unit 30 of home rule government may result in a more efficient single unit of government; and 31 32 WHEREAS, the proposed question below is designed to allow the electorate to advise the 33 Assembly as to whether they support the idea of consolidating the Kodiak Island Borough and 34 the City of Kodiak into a single unit of govemmenl; and 35 36 WHEREAS, the proposed question does not place any requirements on the Assembly, but 37 rather an advisory from the electorate; and 38 39 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 40 BOROUGH that the Borough Clerk shall submit a non-binding advisory question to the qualified 41 voters at the October 4, 2016, regular Borough Election 42 43 ADVISORY QUESTION NO. 1 44 45 Advisory Vote On The Idea Of Consolidating Governments 46 47 Should the Kodiak Island Borough pursue the idea of consolidating the Kodiak Island Borough 48 and the City of Kodiak into a single unit of government? 49 O Yes O No Kodiak Island Borough Ordinance No. FY2017-02 Page 1 of 2 Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 33 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 34 of 157 50 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 51 THIS DAY OF 2016 52 53 KODIAK ISLAND BOROUGH 54 55 56 57 Jerrol Friend, Borough Mayor 58 59 ATTEST: 60 61 62 63 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2017-02 Page 2 of 2 Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 34 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 35 of 157 1 Introduced by: Assembly Member Crow 2 Requested by Assembly Member Crow 3 Dratted by: Borough Clerk/Assembly 4 Member Crow 5 Introduced on: July 21, 2016 Public hearing: 6 Adopted on: 7 8 KODIAK ISLAND BOROUGH 9 ORDINANCE NO. FY 2017.02 30 11 A ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 12 AUTHORIZING THE SUBMISSION OF AN ADVISORY QUESTION 13 TO THE QUALIFIED VOTERS OF THE BOROUGH AT THE 14 OCTOBER 4, 2016 REGULAR BOROUGH ELECTION TO 15 DETERMINE WHETHER THE PUBLIC SUPPORTS THE IDEA OF 16 CONSOLIDATING THE KODIAK ISLAND BOROUGH AND THE 17 CITY OF KODIAK INTO A SINGLE UNIT OF GOVERNMENT 18 19 WHEREAS, one of the priorities stated in the adopted Strategic Plan Resolution No. FY2016- 20 32 of the Assembly is to explore the potential impacts of consolidation; and 21 22 WHEREAS, it would be of the best interest of the residents of the community to explore the 23 potential impacts of consolidation; and 24 25 WHEREAS, consolidating the Kodiak Island Borough and the City of Kodiak into a single unit 26 of home rule government may result In a more efficient single unit of government; and 27 28 WHEREAS, the proposed question below is designed to allow the electorate to advise the 29 Assembly as to whether they support the Idea of consolidating the Kodiak Island Borough and 30 the City of Kodiak into a single unit of government; and 31 32 WHEREAS, the proposed question do not place any requirements on the Assembly, but 33 rather an advisory from the electorate; and 34 35 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 36 BOROUGH that the Borough Clerk shall submit a non-binding advisory question to the qualified 37 voters at the October 4, 2016, regular Borough Election 38 39 ADVISORY QUESTION NO. 1 40 41 Advisory Vote On The Idea Of Consolidating Governments 42 43 Should the Kodiak Island Borough pursue the idea of consolidating the Kodiak Island Borough 44 and the City of Kodiak Into A Single Unit Of Government? 45 O Yes O No 46 47 48 49 Kodiak Island Borough Ordinance No. FY2017-02 Page 1 of 2 Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 35 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 36 of 157 50 BE IT FURTHER RESOLVED THAT the Assembly may take further action, if it chooses to as a 51 result of the advisory vote, in a form of a resolution to give direction to staff to prepare a 52 consolidation petition to submit to the Local Boundary petition. 53 54 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 55 THIS DAY OF 2016 56 57 KODIAK ISLAND BOROUGH 56 59 60 61 Jerrol Friend, Borough Mayor 62 63 ATTEST: 64 65 66 67 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2017-02 Page 2 of 2 Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 36 of 157 AGENDA ITEM #9.9.B. PROCEDURES FOR CONSOLIDATION AND MERGER STAGE ONE - FILING THE PETITION A petition may be Initiated by various parties Including voters, a city council, a borough assembly or others specified in Pebtionretumed if 3 AAC 110.410. tlefident 3 AAC 110.440 If initiated by voters, a petition to merge or consolidate a city and borough must be signed by a number of voters within the city equal to at least 25% of the number of votes cast In the city's last regular election. The petition must also be signed by Petition submitted LBC Stan a number of voters within the borough, but outside the city to LBC Staff reviews named In the petition. Those signatures must total at least 3aAC 1fo430 forma content 25% of the number of votes cast In the borough's last regular 3 AAC 110.440 election from the area outside the city proposed to be merged or consolidated [AS 29.06.100(a) and 0 AAC 110.4101b1,. STAGE TWO - PUBLIC REVIEW Public notice S saMca of petition Is given Individuals may file responsive briers & 3 AAC 110.450 comments in fever or apposition 3 AAC 110.460 3 AAC f 10.480 1111 12f,11111 III Jill 1111 7" r -M-1111111 T-rMT—W. AV11 —Optional——Optlonal— Pebdorrermaybe BC Staff ma LBC Stan disidbutm Petitioner may cmcredby LBCSfall to mrduct draft file reply bnef hofd public public meeting to report for public review 3 AAC 110.490 infdrmebanal address proposal 3 AAC 110 530 sessions AAC 110.52 3 AAC 1/0510 of Economic Cmunmt C i Economic Airrm rand Devdr,elopmem smxe m sniff m the LBC A5444]oso(vHD LBC Staff distributes Comments must be final Opportunity forreview of reportetl on LBC Sian, report report final repos pnor to LBC 3 AAC 110530 3 AAC 110.530 Haanng 05 Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 37 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 38 of 157 PROCEDURES FOR CONSOLIDATION AND MERGER PAGE TWO STAGE THREE -HEARING AND DECISION BY LBC Hearine Procedures LBC conducts public hearing(s) I. Prescnlationot'LRCStefTRepon following 30 day notice ?, Opening Sweement by Petitioner 3 AAC 710.550 3, Public Comments (limited to 3 minutes 3 AAC 710 560 per person) 4. Testimom by Petitioner's Witnesses 5. Testimony by Witnesses of Respondents 6. Responsive Testimony by Petitioner 7. Closing Statement by Petitioner 8, Closing Statement by Respondents 9. Reply by Petitioner l e. Closing Statement by LnC Staff LBC decisional meeting (verbal decision reamed) option PetiOandee s � a Petition Approved Approved Petlllon Denied Written decision Issued 3AAC 110.570 it prlitinn i. drnied. Oprecportunityforprumvena. 3 AAc nosed mru>inn.nnbr t.Bc err euLjwunjuJirini anp<al If petition Is approved or amended no approved, the process continues to fend stage Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 38 of 157 AGENDA ITEM #9.9.B. PROCEDURES FOR CONSOLIDATION AND MERGER PAGE THREE STAGE FOUR - ELECTION Division of Elections orders election to be held AS 29.06.140 LBC notifies State Division of Elections ' AS 29.06.140 r • LBC Staff submits Federal Voting Rights Act Preclearance request covering the date of election and the proposed merger or consolidation 42 U.S.C. 1973(,) L'Jo L^,;gw mgm:etll A97If a majority of votes at first election favor Division of merger or consolidation, Electior new n fo Preclearance Is Elections Division of Elections govern ing b granted and election Is held certifies election orders election for AS 29.08.140 results officials of new AS 29.06.140 municipality AS 29.06.140 DIvlslon of Electlons certifies elecdon results— consolitlatlontakes effect STAGE FIVE -TRANSITION 'I he successor government succeeds to all rights, powers, duties assets, and liabilities of the former grr,ernments. The ordinances. res, olutions. regulations, procedures, and orders of the former government, remain in force In their respective territmirs until supercnled iLS ?Y.Ob: I50 and .IS : 9.06.1 hll Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 39 of 157 GLc7-l►fffl:11MAE.101' Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 40 of 157 Alaska Statutes Governing Consolidation and Procedures for Consolidation Sec. 29.06.090. Merger and consolidation. (a) Two or more municipalities may merge or consolidate to form a single general law or home rule municipality, except a third class borough may not be formed through merger or consolidation. (b) Two methods may be used to initiate merger or consolidation of municipalities, (1) petition to the Local Boundary Commission under regulations adopted by the commission; or (2) the local option method specified in AS 29.06.100 - 29.06.160. Sec. 29.06.100. Petition. (a) Residents of two or more municipalities may file a merger or consolidation petition with the department. The petition must be signed by a number of voters of each existing municipality equal to at least 25 percent of the number of votes cast in each municipality's last regular election. (b) The petition includes (1) the name and class of each existing municipality; (2) the name and class of the proposed municipality; (3) the proposed composition and apportionment of the governing body; (4) maps, documents, and other information that shows that the proposed municipality meets the standards for municipal incorporation; (5) for a home rule municipality, a proposed home rule charter. Sec. 29.06.110. Review. (a) The department shall review a merger or consolidation petition for content and signatures and shall return a deficient petition for correction or completion. (b) If the petition contains the required information and signatures, the department shall investigate the proposal. (c) The department shall report its findings to the Local Boundary Commission with its recommendations regarding the merger or consolidation. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 40 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 41 of 157 Sec. 29.06.120. Hearing. After receipt of the report by the department on a merger or consolidation petition, the Local Boundary Commission shall hold at least one public hearing in each of the existing municipalities included in the petition, unless officials of the municipalities agree to a single hearing. Sec. 29.06.130. Decision. (a) The Local Boundary Commission may amend the petition and may impose conditions for the merger or consolidation. If the commission determines that the merger or consolidation, as amended or conditioned if appropriate, meets applicable standards under the state constitution and commission regulations, the municipality after the merger or consolidation would meet the standards for incorporation under AS 29.05.011 or 29.05.031, and the merger or consolidation is in the best interests of the state, it may accept the petition. Otherwise, it shall reject the petition. (b) A Local Boundary Commission decision under this section may be appealed under AS 44.62 (Administrative Procedure Act). Sec. 29.06.140. Election. (a) The Local Boundary Commission shall immediately notify the director of elections of its acceptance of a merger or consolidation petition. Within 30 days after notification, the director of elections shall order an election in the area to be included in the new municipality to determine whether the voters desire merger or consolidation. The election shall be held not less than 30 or more than 90 days after the election order. A voter who is a resident of the area to be included in the proposed municipality may vote. (b) A home rule charter in a merger or consolidation petition submitted under AS 29.06.100 (b)(5) is part of the merger or consolidation question. The charter is adopted if the voters approve the merger or consolidation. The director of elections shall supervise the election in the general manner prescribed by AS 15 (Election Code). The state shall pay all election costs. (c) The director of elections shall certify the election results. If merger or consolidation is approved, the director of elections shall, within 10 days, set a date for election of officials of the new municipality. The election date shall be not less than 60 or more than 90 days after the election order and it is the effective date for the merger or consolidation. Sec. 29.06.150. Succession to rights and liabilities. (a) When two or more municipalities merge, one succeeds to the rights, powers, duties, assets, and liabilities of the others. (b) When two or more municipalities consolidate, the newly incorporated municipality succeeds to the rights, powers, duties, assets, and liabilities of the consolidated municipalities. Sec. 29.06.160. Transition. After merger or consolidation, the ordinances, resolutions, regulations, procedures, and orders of the former Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 41 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 42 of 157 municipalities remain in force in their respective territories until superseded by the action of the new municipality. Sec. 29.06.170. Application. AS 29.06.090 - 29.06.170 apply to home rule and general law municipalities. Sec. 29.06.190. Unification of municipalities authorized. (a) A borough and all cities in the borough may unite to form a single unit of home rule government by complying with AS 29.06.190 - 29.06.410. (b) An area that is not incorporated as a borough, including any cities in the area, may incorporate as a unified municipality under AS 29.05.031. Standards for Incorporating a Borough Sec. 29.05.031. Incorporation of a borough or unified municipality (a) An area that meets the following standards may incorporate as a home rule, first class, or second class borough, or as a unified municipality: (1) the population of the area is interrelated and integrated as to Its social, cultural, and economic activities, and is large and stable enough to support borough government; (2) the boundaries of the proposed borough or unified municipality conform generally to natural geography and include all areas necessary for full development of municipal services; (3) the economy of the area includes the human and financial resources capable of providing municipal services; evaluation of an area's economy includes land use, property values, total economic base, total personal income, resource and commercial development, anticipated functions, expenses, and income of the proposed borough or unified municipality; (4) land, water, and air transportation facilities allow the communication and exchange necessary for the development of integrated borough government. (b) An area may not incorporate as a third class borough. (§ 4 ch 74 SLA 1985; am § 7 ch 58 SLA 1994) Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 42 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 43 of 157 REGULATIONS GOVERNING CONSOLIDATION 3 AAC 110.240 STANDARDS. (a) Two or more municipalities may consolidate to form a new municipality if the new municipality meets the standards for incorporation of cities specified in 3 AAC 110.010 -3 AAC 110.040, or boroughs specified in 3 AAC 110.045 - 3 AAC 110.060. (b) Separate proceedings are not required for dissolution of the consolidating municipalities. The dissolutions occur automatically at the time of the consolidation. 3 AAC 110.250 LOCAL OPTION. Municipalities that meet the consolidation standards required under 3 AAC 110.240, and are approved by the commission for local option consolidation, may consolidate if the petition for consolidation was submitted by the number of voters required under AS 29.06. 100 (a), and if a majority of the voters in the remaining proposed new municipality vote in favor of the consolidation in a subsequent election. The election must be held in accordance with AS 29.06.140. STANDARDS FOR INCORPORATION OF BOROUGHS 3 AAC 110.045 COMMUNITY OF INTERESTS. (a) The social, cultural, and economic characteristics and activities of the people in a proposed borough must be interrelated and integrated. In this regard, the commission will, in its discretion, consider relevant factors, including: (1) the compatibility of urban and rural areas within the proposed borough; (2) the compatibility of economic lifestyles, and industrial or commercial activities; (3) the existence throughout the proposed borough of customary and simple transportation and communication patterns; and (4) the extent and accommodation of spoken language differences throughout the proposed borough. (b) Absent a specific and persuasive showing to the contrary, the commission will presume that a sufficient level of interrelationship cannot exist unless there are at least two communities in the proposed borough. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 43 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 44 of 157 (c) The communications media and the land, water, and air transportation facilities throughout the proposed borough must allow for the levet of communications and exchange necessary to develop an integrated borough government. In this regard, the commission will, in its discretion, consider relevant factors, including (1) transportation schedules and costs; (2) geographical and climatic impediments; (3) telephonic and teleconferencing facilities; and (4) public electronic media. (d) Absent a specific and persuasive showing to the contrary, the commission will presume that communications and exchange patterns are insufficient unless all communities within a proposed borough are either connected to the seat of the proposed borough by a public roadway, regular scheduled airline flights on at least a weekly basis, a charter flight service based in the proposed borough, or sufficient electronic media communications. 3 AAC 110.050 POPULATION. (a) The population of a proposed borough must be sufficiently large and stable to support the proposed borough government. In this regard, the commission will, in its discretion, consider relevant factors, including (1) total census enumerations; (2) durations of residency; (3) historical population patterns; (4) seasonal population changes; and (5) age distributions. (b) Absent a specific and persuasive showing to the contrary, the commission will presume that the population is not large enough and stable enough to support the proposed borough government unless at least 1,000 permanent residents live in the proposed borough. 3 AAC 110.055 RESOURCES. The economy of a proposed borough must include the human and financial resources necessary to provide essential borough services on an efficient, cost-effective level. In this regard, the commission will, in its discretion, consider relevant factors, including Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 44 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 45 of 157 (1) the reasonably anticipated functions of the proposed borough; (2) the reasonably anticipated expenses of the proposed borough; (3) the reasonably anticipated income of the proposed borough, and its ability to collect revenue; (4) the feasibility and plausibility of the anticipated operating budget through the third full fiscal year of operation; (5) the economic base of the proposed borough; (6) property valuations; (7)land use; (6) existing and reasonably anticipated industrial, commercial, and resource development; (9) personal income of residents; (10) the need for and availability of employable skilled and unskilled people; and (11) the reasonably predictable level of commitment and interest of the population in sustaining a municipal corporation. 3 AAC 110.060 BOUNDARIES. (a) The boundaries of a proposed borough must conform generally to natural geography, and must include all land and water necessary to provide the full development of essential borough services on an efficient, cost-effective level. In this regard, the commission will, in its discretion, consider relevant factors, including (1) land use and ownership patterns; (2) ethnicity and cultures; (3) population density patterns; (4) existing and reasonably anticipated transportation patterns and facilities; (5) natural geographical features and environmental factors; and (6) extraterritorial powers of boroughs. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 45 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 46 of 157 (b) Absent a specific and persuasive showing to the contrary, the commission will not approve a proposed borough with boundaries extending beyond the model borough boundaries adopted by the commission. (c) The proposed borough boundaries must conform to existing regional educational attendance area boundaries unless the commission determines, after consultation with the commissioner of the Department of Education and Early Development, that a territory of different size is better suited to the public interest in a full balance of the standards for incorporation of a borough. (d) If a petition for incorporation of a proposed borough describes boundaries overlapping the boundaries of an existing organized borough or unified municipality, the petition for incorporation must also address and comply with all standards and procedures for detachment of the overlapping region from the existing organized borough or unified municipality. The commission will consider and treat such an incorporation petition as also being a detachment petition. PROCEDURES FOR PETITIONING 3 AAC 110.400 APPLICABILITY. Except as provided in 3 AAC 110.590, 3 AAC 110.410 - 3 AAC 110.660 apply to all petitions for incorporation under AS 29.05 and all alterations to municipalities under AS 29.06. However, a petition filed under a local action or local option method, provided for in AS 29.06, may only need to comply with certain sections of 3 AAC 110.410 - 3 AAC 110.660 as identified in 19 AAC 10.590. 3 AAC 110.410 PETITIONERS. (a) A petitioner for a proposed action by the commission under this chapter may be initiated by (1) the Alaska Legislature, (2) the commissioner, (3) the staff of the commission or a person designated by the commission, (4) a political subdivision of the state, (5) at least 10 percent of the persons registered to vote in a political subdivision; those registered voters must be permanent residents of that subdivision; Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 46 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 47 of 157 (6) at least 10 percent of the persons registered to vote in a territory proposed for annexation or detachment; those registered voters must be permanent residents of that territory, or (7) the number of qualified voters required under AS 29.06 for a local option or local action petition. (b) If a statute requires that the petition be signed by a percentage of voters from one or more cities within a borough, and also by a percentage of voters In that borough, all voters who sign the petition as borough voters must reside outside any city or cities joining that petition. (c) The signature requirements of (a)(5) - (7) of this section shall not be construed to apply to a petition submitted by a petitioner under the discretionary petition process of the commission. (d) The staff of the commission or a person designated by the commission may initiate a petition after the commission has determined that the action proposed will promote the standards established under AS 29.05, AS 29.06, and this chapter, and the commission has directed the staff or designated person to prepare a petition by a motion approved by a majority of the appointed membership of the commission. (e) The person or entity initiating a petition is designated as the petitioner, except that a petition initiated by qualified voters must Include a designation of one person as representative of all petitioners. 3 AAC 110.420 PETITION. (a) A proposal for one or more actions by the commission under this chapter Is initiated by filing a petition and a supporting brief with the department. (b) A petition must be filed on a form approved by the commission and provided by the department. The petition must be accompanied by all exhibits required by the department. (c) A supporting brief must address relevant constitutional, statutory and regulatory standards applicable to the proposed action, and include a detailed explanation of how the standards apply to the proposed action. 3 AAC 110.430 CONSOLIDATION OF PETITIONS. If two or more petitions pending action by the commission affect contiguous territory or any portion of the same territory, the chairperson of the commission will, in the chairperson's discretion, consolidate the informational session, department, report, commission, meefing, hearing, briefing schedule, decisional meeting, or other procedure under this chapter for one or more of Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 47 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 48 of 157 those petitions. The commission will, in its discretion, consider relevant information from concurrent or conflicting petitions during the process of rendering its decision on any one petition. 3 AAC 110.440 TECHNICAL REVIEW OF PETITION. (a) The department will review the petition, exhibits, and brief to determine whether the required information has been submitted and, when applicable, whether the petition contains the legally required number of valid signatures. (b) The petitioner is primarily responsible for supplying all supplemental information and documents reasonably necessary for the technical review process, including information identifying who is registered to vote, who resides in a territory, and the number of persons who voted in the territory during the last election. (c) If the department determines that the petition or brief is deficient in form or content, the defective petition or brief will be returned to the petitioner for correction or completion. If the department determines that the petition and brief are in substantial compliance with AS 29.05, AS 29.06, and this chapter, the petitioner will be notified that the petition and brief have been accepted for filing and the department will file the petition. 3 AAC 110.450 NOTICE OF PETITION. (a) No later than 45 days after receipt of the department's written notice of acceptance of the petition for filing, the petitioner shall (1) publish a public notice of the filing of the petition at least once each week for three consecutive weeks in newspapers of general circulation designated by the department that are printed in a display ad format of no less than six inches long by two columns wide; (2) post a notice of the filing of the petition in at least three public and prominent locations within the territory proposed for change and other locations designated by the department that remain posted for at least 14 consecutive days; and (3) hand -deliver or mail, postage prepaid, a copy of the notice posted in accordance with (2) of this subsection, correctly addressed to the municipalities having jurisdictional boundaries within an area extending up to 20 miles beyond the boundaries of the territory proposed for change, and to other persons and entities designated by the department. (b) The department will specify the wording of the public notices required in (a) of this section. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 48 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 49 of 157 3. AAC 110.460 SERVICE OF PETITION. (a) No later than 25 days after receipt of the departments notice of acceptance of the petition for filing, the petitioner shall hand -deliver or mail, postage prepaid, one complete set of petition documents to every municipality within an area extending 20 miles beyond the boundaries of the territory proposed for change, and to other persons and entities designated by the department. (b) From the first date of publication of notice of the filing of the petition under 3 AAC 110.450 (a)(1), through the last date available for reconsideration of the final decision under 3 AAC 110.580, the petitioner shall make a full set of petition documents, including responsive and reply briefs and department reports, available for review by the public at a central and convenient location such as a city hall or public library. The petition documents must be available for review during normal working hours, and the petitioner shall accommodate specific requests for public review of the petition documents at reasonable times in the evening and on weekend days. All published and posted notices of filing of a petition must identify the specific location of the petition documents, and the hours when the documents can be reviewed. 3 AAC 110.470 PROOF OF NOTICE AND SERVICE. No later than 50 days after receipt of the departments written notice of acceptance of the petition for filing, the petitioner shall deliver to the department six complete sets of petition documents, a sworn affidavit that the notice, posting, service, deposit, and publishing requirements of 3 AAC 110.450 - 3 AAC 110.460 have been satisfied. Maps and other exhibits submitted with copies of the petition shall conform to the original in color and other distinguishing characteristics. 3 AAC 110.480 RESPONSIVE BRIEFS. (a) Any interested person or entity may file with the department a responsive brief containing facts and analyses favorable or adverse to the original petition. (b) The responsive brief, and any companion exhibits, must be filed with a sworn affidavit by the respondent that, to the best of the respondents knowledge, information, and belief, formed after reasonable inquiry, the responsive brief and exhibits are founded in fad and are not submitted to harass or to cause unnecessary delay or needless expense in the cost of processing the petition. (c) A responsive brief must be received by the department in a timely manner in accordance with 3 AAC 110.640. A responsive brief must be accompanied by a sworn affidavit of service of the brief on the petitioner by regular mail, postage prepaid, or by hand -delivery. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 49 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 50 of 157 3 AAC 110.490 REPLY BRIEF. The petitioner may file one reply brief in response to all responsive briefs filed timely under 3 AAC 110.480. The reply brief must be received by the department in a timely manner in compliance with 3 AAC 110.640. The reply brief must be accompanied by a sworn affidavit of service of the brief on all respondents by regular mail, postage prepaid, or by hand -delivery. 3 AAC 110.500 LIMITATIONS ON ADVOCACY. (a) Unless otherwise ordered by the chairperson of the commission, for good cause shown, no document, letter or brief will be accepted for filing and consideration by the department or the commission except in accordance with the procedures, timeframes, hearings and meetings specified in 3 AAC 110.400 - 3 AAC 110.660. (b) A member of the commission is prohibited from ex parte contact and communication with any person except the staff of the commission, concerning a matter pending before the commission that has been filed as a petition, from the date the petition was first submitted to the department through the last date available for the commission's reconsideration. 3 AAC 110.610 INFORMATIONAL SESSIONS. (a) If the department determines that persons affected by a proposed change have not had an adequate opportunity to be informed about the scope, benefits and detriments of the proposed change, the department will, in its discretion, require the petitioner to conduct informational sessions, and to submit a recording, transcription, or summary of those sessions to the department (b) The department will not proceed with the processing of the petition until the petitioner has certified, by sworn affidavit, that the informational session requirements of this section have been met 3 AAC 110.520 DEPARTMENTAL PUBLIC MEETINGS. (a) During its investigation and analysis of a petition for incorporation, the department will convene at least one public meeting in the territory proposed for incorporation. During its investigation and analysis of a petition for a change other than incorporation, the department will, in its discretion, convene at least one public meeting in or near the territory proposed for change. (b) Notice of the date, time and place of the public meeting under (a) of this section must be mailed, postage prepaid, to the petitioner and to all respondents at least 15 days before the public meetings. The notice will be published by the department at least once each week, for two consecutive weeks, immediately preceding the date of the meeting, in a newspaper of general Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 50 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 51 of 157 circulation selected by the department to reach the people in the affected territory. The petitioner shall post the same notice in at least three public and prominent locations in or near the territory proposed for change, and at the same location the petition documents are available for review, for at least 14 days immediately preceding the date of the meeting. On or before the date of the public meeting, the petitioner shall submit to the department a sworn affidavit certifying that the pasting requirements of this subsection have been met. (c) Staff assigned to the commission will preside at the public meeting. Written materials submitted at the public meeting will, in the discretion of the presiding staff person, be accepted with due regard to prior public notice and opportunity to submit written briefs. Except in extraordinary circumstances, the petitioner and the respondents will not be permitted to submit further written materials at the meeting. The public meeting will be recorded, and summarized in the report and recommendations of the department, prepared under 3 AAC 110.530. (d) The department will, in its discretion, postpone the time or relocate the place of the public meeting by conspicuously posting notice of the postponement or relocation at the original time and location of the public meeting, if the meeting is relocated within the same community or territory, and is rescheduled no more than 72 hours after the originally scheduled time. 3 AAC 110.530 DEPARTMENTAL REPORT. (a) The department will investigate and analyze a petition filed with the department under this chapter, and will submit to the commission a written report of its findings and recommendations regarding the petition. (b) The department will mail to the petitioner and respondents a proposed draft of its report and recommendations before submitting final report and recommendations to the commission. Within 24 hours of receipt of the draft report and recommendations, the petitioner shall place a copy of the report with the petition documents available for review. (c) The petitioner, respondents, and other interested persons may submit, to the department, written comments pertaining directly to the draft report and recommendations. The written comments must be received by the department in a timely manner in accordance with 3 AAC 110.640. (d) The final written report and recommendations of the department will include due consideration of written comments addressing the draft report and recommendations. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 51 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 52 of 157 3 AAC 110.540 AMENDMENTS AND WITHDRAWAL. (a) A petitioner may amend or withdraw the original petition at any time before the first mailing, publishing, or posting of notice of the commission's hearing on the petition under 3 AAC 110.550. If the signatures of voters were required by AS 29.05 or AS 29.06 In the original petition, (1) the amending petition must contain the dated signatures of the same number of voters in the manner required for the original petition, and must include the dated signatures of at least a majority of the same voters who signed the original petition; and (2) a statement withdrawing a petition must contain the dated signatures of at least 30 percent of the voters residing in the area of the proposed change, and must include at least a majority of the same voters who signed the original petition. (b) A petitioner shall serve the amending petition on each person and entity designated by the department, and by 3 AAC 110.400 - 3 AAC 110.660 to receive the original petition, and on the respondents to the original petition. A petitioner shall place a copy of the amending petition with the original petition documents, post the public notice of the amending petition, and submit a swum affidavit of service and notice in the same manner required for the original petition. (c) The chairperson of the commission will, in the chairperson's discretion, determine whether the amendment is significant enough to warrant an informational session, opportunity for further responsive briefing, an additional public meeting by the department, or a repeat of any other step or process specified in 3 AAC 110.400 - 3 AAC 110.660. Additional informational sessions, meetings, briefings, or other step or process will be conducted in accordance with the procedures specified in 3 AAC 110.400 - 3 AAC 110.660 for the processing of the original petition, except that the timing may be shortened in the chairperson's discretion. (d) A petitioner may not amend or withdraw the original petition after the first mailing, publishing, or posting of notice of the commission's hearing on the petition, except upon a clear showing to the commission that the public interest of the state and of the population affected by the proposed change is best served by allowing the proposed amendment or withdrawal. A petition for amendment or withdrawal allowed under this subsection, must include the same signature requirements specified in (a) of this section. Unless modified by an order of the chairperson of the commission, the procedures of 3 AAC 110.400 - 3 AAC 110.660 for the processing of an original petition apply to an amending petition or statement of withdrawal. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 52 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 53 of 157 3 AAC 110.550 COMMISSION PUBLIC HEARING. (a) The commission will convene one or more public hearings at convenient locations in or near the territory of the proposed change as required under AS 29.05, AS 29.06, AS 44.33.810 - 44.33.828, and this chapter. (b) Notice of the date, time, place and subject of the hearing will be (1) mailed, postage prepaid, by the department to the petitioner and to all respondents; (2) published by the department at least three times, with the first date of publishing occurring at least 30 days before the date of the hearing, in a display ad format no less than six inches long by two columns wide, in one or more newspapers of general circulation selected by the department to reach the people in the territory; and (3) posted by the petitioner in at least three public and prominent locations in the area in which the hearing is to be held, and where the petition documents are available for review, for at least 21 days preceding the date of the hearing. (c) The department will submit a request for a public service announcement of the hearing notice required under this section to at least one radio or television station serving the area of the proposed change and request that it be announced as frequently as possible during the 21 days preceding the date of the hearing. (d) The commission will, in its discretion, postpone the time or relocate the place of the hearing by conspicuously posting notice of the postponement or relocation at the original time and location of the public hearing, if the hearing is relocated within the same community or territory and is rescheduled no more than 72 hours after the originally scheduled time. 3 AAC 110.560 COMMISSION HEARING PROCEDURES. (a) The chairperson of the commission will preside at the hearing, and will regulate the time and the content of testimony to exclude irrelevant or repetitious testimony. The hearing must be recorded and the tapes preserved by the department. Two members of the commission constitute a quorum for purposes of a hearing under this section. (b) A hearing will, in the commission's discretion, include (1) a report with recommendations from the department; (2) an opening statement by the petitioner, not to exceed 10 minutes in length; Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 53 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 54 of 157 (3) a period of public comment by interested persons, not to exceed five minutes for each person; (4) sworn testimony of witnesses called by the petitioner; (5) sworn testimony of witnesses called by respondents who have filed briefs under 3 AAC 110.480; (6) swam responsive testimony of witnesses called by the petitioner; (7) a closing statement by the petitioner, not to exceed 10 minutes in length; (8) a closing statement by the respondents who testified under (5) of this subsection, not to exceed 10 minutes in length for each respondent; and (9) a reply by the petitioner, not to exceed five minutes in length. (c) A member of the commission may question a person appearing for public comment or as a sworn witness. The commission will, in Its discretion, call additional witnesses. (d) A brief or document may not be filed at the time of the public hearing unless the commission determines that good cause exists for that evidence not being presented in a timely manner for written response by the petitioner or respondents, and for consideration in the report and recommendations of the department (e) The commission will, in its discretion, amend the order of proceedings and change allotted times for presentations if amendment of the agenda will promote efficiency without detracting from the commission's ability to make an informed decision. 3 AAC 110.570 DECISIONAL MEETING. (a) Within 90 days after the last commission hearing on a proposed change, the commission will convene a decisional meeting to examine the written briefs, exhibits, comments, and testimony, and to reach a decision regarding the proposed change. No new evidence, testimony or briefing will be received during the decisional meeting, however, the chairperson may ask the department or by some other person for a point of information or clarification. (b) Three members of the commission constitute a quorum for the conduct of business at a decisional meeting. (c) If the commission determines that a proposed change should be altered to meet the standards established contained in the Alaska Constitution, AS 29.05, AS 29.06, or this chapter, the commission will, in its discretion, alter Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 54 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 55 of 157 the proposed change and accept the petition as altered. If the commission determines that a petitioner must satisfy a certain requirement before the proposed change can take effect, the commission will include that precondition in its decision. (d) If the commission determines that a proposed change fails to meet the standards established contained in the Alaska Constitution, AS 29.05, AS 29.06, or this chapter, the commission must reject the proposed change by a majority vote of the presently appointed membership. If the commission determines that a proposed change meets the standards established contained in the Alaska Constitution, AS 29.05, AS 29.06, or this chapter, or can be altered to meet those standards, the commission must accept the proposed or altered change by a majority vote of the presently appointed membership. (e) The commission must keep written minutes of all decisional meetings. All votes taken by the commission must be entered in the minutes. The approved minutes are a public record. (f) Within 30 days after the date of its decision, the commission will file as a public record a written statement explaining all major considerations leading to the decision. A copy of the statement will be mailed to the petitioner, to all respondents, and to other interested persons requesting a copy. (g) A decision by the commission is final on the day that the written statement of decision is mailed, postage prepaid, to the petitioner and the respondents. The department will execute and file a sworn affidavit of mailing as a part of the public record of the proceedings. 3 AAC 110.560 RECONSIDERATION. (a) Within 20 days after a decision of the commission is final under 3 AAC 110.570(g), (1) a person may file a request for reconsideration of that decision, describing in detail the fads and analyses that support the request for reconsideration; or (2) the commission will, in its discretion, order reconsideration of all or part of its decision on its awn motion. (b) If the commission has taken no action on a request for reconsideration within 30 days after the decision became final under 3 AAC 110.570(g), the request is automatically denied. If the commission grants a request for reconsideration within 30 days after the final decision under 3 AAC 110.570 (g), a petitioner or respondent opposing the reconsideration is allotted 10 days from the date the request for reconsideration is granted to file a responsive brief Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 55 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 56 of 157 describing in detail the facts and analyses that support or oppose the request for reconsideration. 3 AAC 110.690 LOCAL ACTION BOUNDARY CHANGES. (a) Except as otherwise provided in this section, if a petition is filed with the department under a local action or local option method provided for in AS 29.06, for dissolution, annexation, detachment, merger, or consolidation, only the following procedures specified in 3 AAC 110.400 - 3 AAC 110.660 are required: (1) filing a petition under 3 AAC 110.420 ; (2) technical review of the petition under 3 AAC 110.440 ; (3) notice and service of the petition under 3 AAC 110.450 - 3 AAC 110.470; (4) departmental report under 3 AAC 110.530; (5) commission's public hearing under 3 AAC 110.550; (6) decisional meeting under 3 AAC 110.570. (b) The commission will, in its discretion, expand local action or local option procedures to include other requirements of 3 AAC 110.400 - 3 AAC 110.650, such as additional notice and service, briefing, informational sessions, and public meetings and hearings, if the commission determines that the best interests of the state are enhanced by expanded public participation. (c) The commission will, in its discretion, relax, reduce, or eliminate the notice and service requirements of 3 AAC 110.450 - 3 AAC 110.470 if the commission determines that a shortened or less expensive method of public notice is reasonably designed to reach all interested persons. (d) The commission, in its discretion, will not require the commission public hearing under 3 AAC 110.550, and will modify the departmental report requirement under 3 AAC 110.530 , for a petition proposing annexation of adjacent municipally owned property, or for a petition proposing annexation of adjacent property by unanimous consent of voters and property owners. (e) If the commission determines that the balanced best interests of the locality and the state are enhanced by statewide participation, the commission will, in its discretion convert a local action or local option petition to a legislative review petition. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 56 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 57 of 157 3 AAC 110.600 LOCAL ACTIONILOCAL OPTION ELECTIONS. (a) In accordance with AS 29.05 and AS 29.06, the commission will notify the director of elections of its acceptance of a local action or local option petition proposing incorporation, dissolution, merger, or consolidation. The director of elections will conduct and certify the elections in accordance with AS 15 and AS 29.05 - AS 29.06. (b) If AS 29.06 requires a local election for a proposed annexation or detachment, the commission will notify the clerk of the affected municipality of the commission's acceptance of a local option petition. The election must be administered by the affected municipality at its own cost, and in the manner prescribed by its municipal election code, except that the commission will, in its discretion, specify the wording of the ballot measure and broaden the election notice requirements. 3 AAC 110.610 LEGISLATIVE REVIEW. (a) The commission may determine during the course of proceedings that a legislative review petition should be amended and considered as a local action or local option petition, if the commission determines that the balanced best interests of the locality and the state are enhanced by local participation. (b) If the commission determines that a decision of the commission as requires legislative review, the commission will present the petition to the legislature during the first 10 days of the next regular session. 3 AAC 110.620 JUDICIAL REVIEW. A final decision of the commission made under AS 29.05, AS 29.06, or this chapter may be appealed to the superior court in accordance with the Administrative Procedure Act (AS 44.62). 3 AAC 110.630 EFFECTIVE DATE AND CERTIFICATION. (a) Except as provided in (b) of this section, a final decision of the commission is effective when (1) notification of compliance with 42 U.S.C. 1973c (Voting Rights Act of 1955) is received from the United States Department of Justice; (2) certification of the legally required voter approval of the commission's final decision is received from the director of the division of elections or the appropriate municipal official; and (3) 45 days have passed since presentation of the commission's final decision on a legislative review petition was made to the legislature and the legislature has not disapproved the decision. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 57 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 58 of 157 (b) The effective date of a merger or consolidation is the date set by the director of the division of elections for the election of officials of the remaining or new municipality, if the provisions of (a) of this section have also been satisfied. (c) When the requirements in (a) of this section have been met, the department will issue a certificate describing the effective change. The department will hand -deliver or mail, postage prepaid, a copy of the certificate to all municipalities affected by the change, and will file a copy of the certificate in each recording district of all territory affected by the change. 3 AAC 110.640 SCHEDULING. (a) The chairperson of the commission will issue an order setting or amending a formal schedule for action on a petition. (b) A schedule under (a) of this section will allow at least (1) 49 days from the date of initial publication or posting of notice of the filing of a petition, whichever occurs first, for receipt by the department of a responsive brief; (2) 14 days from the date of service of a responsive brief on the petitioner for the receipt by the department of a reply brief from the petitioner; (3) 26 days from the date of mailing of a departmental draft report and recommendation to the petitioner for receipt of written summary comments to the department; (4) 21 days between the date of mailing of a final report and recommendation by the department to the petitioner and the commission hearing on the petition. (c) The commission will, in its discretion, postpone proceedings on a petition for the purpose of allowing concurrent consideration and action on another existing or anticipated petition that will pertain to some or all of the same territory. A competing petition must be received by the department no later than 90 days after the date of the first posting of notice of the earlier petition under 3 AAC 110.410. 3 AAC 110.650 RESUBMITTALS AND REVERSALS. Except upon a special showing to the commission of significantly changed conditions, a petition will not be accepted for filing that (1) is substantially similar to a petition denied by the commission, rejected by the legislature, or rejected by the voters during the immediately preceding 24 months; or Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 58 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 59 of 157 (2) requests a substantial reversal of a decision of the commission that first became effective during the immediately preceding 24 months. 3 AAC 110.660 PURPOSE OF PROCEDURAL REGULATIONS: RELAXATION OR SUSPENSION OF PROCEDURAL REGULATION. 3 AAC 110.400 - 3 AAC 110.660 are procedural regulations designed to facilitate the business of the commission, and shall be construed to secure the reasonable, speedy and inexpensive determination of every action and proceeding. Unless a requirement is strictly provided for in the Alaska Constitution, AS 29, or AS 44.33.810 - 44.33.849, the commission will, in its discretion, relax or suspend a procedural regulation if the commission determines that a strict adherence to the regulation would work injustice or result in a substantially uninformed decision. GENERAL PROVISIONS 3 AAC 110.900 TRANSITION. (a) A petition for incorporation, annexation, merger or consolidation must include a practical plan in which the municipal government demonstrates its intent and capability to extend essential city or essential borough services into the territory proposed for change in the shortest practicable time after the effective date of the proposed change. A petition for detachment or dissolution must include a practical plan demonstrating the transition or termination of municipal services in the shortest practicable time after detachment. (b) A petition for a proposed action by the commission must include a practical plan for the assumption of all relevant and appropriate powers, duties, rights, and functions presently exercised by an existing borough, city, service area, or other entity located in the territory proposed for change. The plan must be prepared in consultation with the officials of each existing borough, city or service area, and must be designed to effect an orderly, efficient, and economical transfer within the shortest practicable time, not to exceed two years after the effective date of the proposed change. (c) A petition for a proposed action by the commission must include a practical plan for the transfer and integration of all relevant and appropriate assets and liabilities of an existing borough, city, service area or other entity located in the territory proposed for change. The plan must be prepared in consultation with the officials of each existing borough, city, or service area affected by the change, and must be designed to effect an orderly, efficient, and economical transfer within the shortest practicable time, not to exceed two years after the date of the proposed change. The plan must specifically address procedures that ensure that the transfer and integration occurs without loss of value in assets, loss of credit reputation, or a reduced bond rating for liabilities. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 59 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 60 of 157 (d) Before approving a proposed change, the commission will, in its discretion, require that all affected boroughs, cities, service areas, or other entities execute an agreement prescribed or approved by the commission for the assumption of powers, duties, rights, and functions, and for the transfer and integration of assets and liabilities. 3 AAC 110.910 STATEMENT OF NON-DISCRIMINATION. A petition will not be approved by the commission if the effect of the proposed change denies any person the enjoyment of any civil or political right, including voting rights, because of race, color, creed, sex, or national origin. 3 AAC 110.920 DETERMINATION OF COMMUNITY. (a) In determining whether a population comprises a community or social unit, the commission will, In its discretion, consider relevant factors, including whether the people (1) reside permanently in a close geographical proximity that allows frequent personal contacts and has a population density that is characteristic of neighborhood living; (2) residing permanently at a location are a discrete and identifiable unit, as indicated by such factors as school enrollment, number of sources of employment, voter registration, precinct boundaries, permanency of dwelling units, and the number of commercial establishments and other service centers. (b) Absent a specific and persuasive showing to the contrary, the commission will presume that a population does not constitute a community or social unit if (1) public access to or the right to reside at, the location of the population is restricted; (2) the population is contiguous or closely adjacent to a community or social unit and is dependent upon that community or social unit for its existence; or (3) the location of the population is provided by an employer and is occupied as a condition of employment primarily by persons who do not consider the place to be their permanent residence. 3 AAC 110.990 DEFINITIONS. Unless the context indicates otherwise, in this chapter (1) "borough" means a general law borough, a home rule borough, or a unified municipality; Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 60 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 61 of 157 (2) "commission" means the Local Boundary Commission; (3) "commissioner" means the commissioner of the Department of Community and Economic Development; (4) a "community" is a social unit comprised of 25 or more permanent residents as determined under 3 AAC 110.920 ; (5) "contiguous" means territories and properties that are adjacent, adjoining, and touching each other; (6) "department" means the Department of Community and Economic Development; (7) "essential borough services" means those mandatory and discretionary activities and facilities that are determined by the commission to be reasonably necessary to the territory and that cannot be provided more efficiently and more effectively either through some other agency or political subdivision of the state, or by the creation or modification of some other political subdivision of the state; "essential borough services" may include (A) assessing and collecting taxes; (B) providing primary and secondary education; (C) planning, platting, and land use regulation; and (D) other services that the commission considers reasonably necessary to meet the borough governmental needs of the territory; (8) "essential city services" means those legal activities and facilities that are determined by the commission to be reasonably necessary to the community and that cannot be provided more efficiently and more effectively either through some other agency or political subdivision of the state, or by the creation or modification of some other political subdivision of the state; "essential city services" may include (A) assessing, levying, and collecting taxes; (B) providing primary and secondary education in first class and home rule cities in an unorganized borough; (C) public safety protection; (D) planning, platting and land use regulation; and (E) other services that the commission considers reasonably necessary to meet the local governmental needs of the community; Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 61 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 62 of 157 (9) "mandatory power" means an authorized act, duty, or obligation required by law to be performed or fulfilled by a municipality in the course of its fiduciary obligations to citizens and taxpayers; "mandatory power" may include (A) assessing, levying, and collecting taxes; (B) providing education, public safety, public health, and sanitation services; (C) planning, platting and land use regulation; (D) conducting elections; and (E) other acts, duties, or obligations required by law to meet the local governmental needs of the community; (10) "permanent residence" means a person who has maintained a principal domicile in the territory proposed for change under this chapter for at least 30 days immediately preceding the date of acceptance of a petition by the department, and who shows no intent to remove that principal domicile from the territory at any time during the pendency of a petition before the commission; (11) "polifical subdivision" means a borough, unified municipality, city, regional educational attendance area, or coastal resource service area organized and operated under state law; (12) "property owner" means a legal person holding a vested fee simple interest in the surface or subsurface estate of any real property including submerged lands; lienholders, mortgagees, deed of trust beneficiaries, remaindermen, lessees, and holders of unvested interests in land are not "property owners" for purposes of this chapter. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 62 of 157 AGENDA ITEM #9.9.B. HISTORICAL INFORMATION REGARDING CONSOLIDATION July 7, 1987 Resolution No. 87-40 was adopted placing the question of establishing a committee to investigate consolidation on the October 6, 1987 ballot. Question on the ballot: "Shall a committee be established to Investigate the advantages and disadvantages of consolidation and present these facts to the public at the 1988 Regular Election with the question of forming a Charter Commission to prepare a charter for consolidation of the Kodiak Island Borough and the City of Kodiak as a single home rule government for submission to the voters for their approval or refection?"Election Resulk 1392 YES AND 771 NO November 5, Resolution No. 1987-69 Relating to the formation of a consolidation 1987 committee to study the single unit of local government concept. A committee was formed and met to study consolidation and other fortes of local government for 18 months. The recommendation of the committee was to place another advisory vote before the voters. They started meeting In January 1988 and has met twice a month until June 1989. The committee recommended that the KIB put to a vote of the people three questions. 1. Consolidate by home rule 2. Consolidate by General Law 3. Maintain Status Quo July 6, 1989 Resolution No. 1989-15 Placing the question of Consolidation on the October 3, 1989 ballot(Tabled) August 3, 1989 Resolution No. 1989-56 Placing the election of a charter commission on the October 1989 ballot. Question on the ballot: "Shall a Charter Commission be formed (and Charter Commission Members be elected as elsewhere provided on this ballot) to prepare a proposed charter consolidating the Borough and the City of Kodiak as a single unit of Home Rule Government having the powers, duties, and functions of a Consolidated Municipality as authorized by law?" Resolution No. 1989-57 Calling for the nomination of candidates for a charter commission and setting forth filing deadlines and procedures for making nominations. Both Resolutions 1989-56 and 1989-57 were rescinded on August 24, 1989. February 15, Resolution No. 1990-16 Calling for the development of a Home Rule 1990 Charter to be Included with the petition for consolidation of the borough and the City of Kodiak and calling for a special election and placing the question of formation of a charter commission on the ballot. May 1, 1990 by mall election was held asking thequestion: Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 63 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 64 of 157 "Shall a Charter Commission be formed (and Charter Commission Members be elected as elsewhere provided on this ballot) to prepare a home rule charter (another consolidation of the City of Kodiak and the Borough and this charter) which will be Included with the petition to the Local Boundary Commission for the consolidation of the Borough and City of Kodiak as a single unit of Home Rule Government?" Election was certified May 17, 1990. Packet containing the result of the election shows 647 YES votes and 766 NO votes. The question was defeated. August 6, 1992 KIB Assembly Introduced Resolution No. 1992-37 which authorizes the preparation of a consolidation petition. This was postponed and adopted on August 20, 1992. The staff of the Kodiak Island Borough was directed to prepare a petition for consolidation of the Kodiak Island Borough and the City of Kodiak for presentation to the Local Boundary Commission under regulations adopted by the commission. The petition shall be submitted to the borough assembly for approval prior to presentation. August 6, 1992 Legal Opinion from Jamin, Ebell, Bolger, & Gentry • Recommended Resolution No. 92-35 and Resolution No. 92-36 be removed from the agenda. (They were withdrawn and replaced with Resolution No. 1992-37). • Recommended staff to prepare and present a petition for consolidation to the Local Boundary Commission. August 20, 1992 Minutes: Presented for consideration was Resolution No. 92-37 which, If adopted, authorized the staff of the Kodiak Island Borough to prepare a petition for consolidation of the Kodiak Island Borough and the City of Kodiak for presentation to the State of Alaska and the Local Boundary Commission. Mayor Selby explained that the resolution was drafted at the request of Assembly member Stevens. He said it authorized staff to prepare a petition for Assembly approval that could be sent to the Local Boundary Commission who would place the question of consolidation before the voters. Assembly member Stevens emphasized the fact that staff would only prepare the petition and bring It before the Assembly for review and decision. When Assembly member Fitzjearl questioned the benefits of consolidation, Assembly member Stevens responded that it was appropriate to study consolidation because of decreasing state revenues. He reiterated that the resolution was not a request for consolidation but a request for guidance from the Slate of Alaska as to the steps required to consolidate. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 64 of 157 AGENDA ITEM #9.9.B. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 65 of 157 Joel Bolger, Borough attorney, was questioned about the regulations on consolidation set by the Local Boundary Commisslon. He responded that a consolidation petition could be submitted either by petition of the voters or by petition of the municipal governing body. He reaffirmed the fact that the vote to consolidate would go before the voters. Ms. Fitzjead expressed concern that the public was not educated about the difference between unification and consolidation. Assembly member Stevens again directed attention to the fact that the resolution only requested guidelines for consolidation from the Local Boundary Commission. Assembly member Gould read his prepared statement noting that the best Interest of the residents of the community would not be served by consolidation. He contended that bigger government was not better government and the Borough and City should resume efforts to combine regional functions. Assembly member Hancock was of the opinion that the resolution was merely the mechanism to bring the question of consolidation to the public and was the right thing to do. She explained that consolidation as the dissolution of two or more municipalities and formation of a new municipality. Assembly member Fitzjearl agreed with the comments of Assemblymember Gould and felt the responsibilities and concerns of the Borough and City were too diverse to consolidate at this time. Assembly member Monroe felt the resolution was a good process in that it brought the question before the voters. She felt an obligation to provide prudent and efficient services to the residents. Although Presiding Officer McFarland was not convinced that consolidation was an Improvement over the current form of government, he agreed it was Important to give residents an option. He thought he would not serve the community well if they could not compare different municipal governments. VOTE ON MOTION Ayes: Monroe, Stevens, Fitzjearl, Gould, Hancock, McFarland Noes:None Absent: Milligan Il was noted for the record that Assembly member Gould changed his no vote to be eligible to apply for reconsideration and Assembly member Fitzjearl changed her no vote in support of Assemblymember Gould. MOTION CARRIED Unanimous (Monroe, Stevens, Fitzjearl, Gould, Hancock, McFarland) Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 65 of 157 AGENDA ITEM #9.9.B. September 3, 1992 Reconsideration of Vole on Resolution No. 92-37 Authorizing the Preparation of a Consolidation Petition was filed by Assembly member Gould. Motion Failed. January 7, 1993 Rescinding Resolution No. 1992-37 Authorizing the Preparation of a Consolidation Petition. Vole on motion to rescind passed 5 Ayes and 2 Noes. It was then postponed to public hearing on February 18, 1993. Note: Interesting that once It was rescinded, it was Immediately postponed to public hearing on February 18, 1993. February 16, Resolution No. 1992-37 was before the Assembly Authorizing the 1993 Preparation of a Consolidation Petition. Motion Failed: 1 Aye, 6 Noes Based on the comments, it seemed that the Assembly members felt that the people should Initiate consolidation and that the voters should mold the concept. Estimated amount of work mentioned in the comments Is 80 hours for Community Development Director. State of Alaska reviews pentons in that legal requirement were met before presentation to the Boundary commission. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 66 of 157 AGENDA ITEM #9.9.C. KODIAK ISLAND BOROUGH AGENDA STATEMENT l � AUGUST 4, 2016 y ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2017-03 Submitting to the Qualified Voters on the October 4, 2016 Ballot in Each Area Affected by the Ordinance the Question of Altering the Boundary of Road Service Area No. 1 ORIGINATOR: Meagan Christiansen FISCAL IMPACT: No Account Number: FUNDS AVAILABLE: Amount Budgeted: SUMMARY STATEMENT: Additional Fiscal Impact Information: There is no direct fiscal impact to KIB in putting the question on the ballot. However, if Otmeloi Way improvements are constructed by the State of Alaska and the Kodiak Island Borough takes ownership of the roadway, then Service Area No. 1 will be providing road maintenance and the owners of the properties fronting Otmeloi Way will contribute to Service Area No. 1 road maintenance programs via a real property tax assessed by the service area. Summary Information: Otmeloi Way is a State of Alaska owned roadway located in the Monashka area near North Star Elementary School. In 1994 KIB requested that the State improve Otmeloi Way in conjunction with the Otmeloi Way water/sewer extension project. In response, the State proposed to participate if the Borough were willing to accept full ownership of the section of roadway after the improvements are made. Adoption of Resolution 97-05 declared willingness to accept maintenance and operation responsibility for Otmeloi Way when it is improved to KIB road standard. In FY06 the State granted $3.3 million to KIB for the Otmeloi Way Rehabilitation Project which was intended to provide for improvements to the road to bring it up to Borough standard. With this grant, the State DOT has been performing work for the project including a reconnaissance study, environmental review, and design. It has been determined that $3.3m is not enough to cover the cost of preconstruction and construction activities for improving the road which includes realigning, grading, drainage improvements, paving lanes, installing a sidewalk and lighting. The project (which has been on the State Transportation Improvement Projects "STIP" list) was submitted for federal funding of the construction aspect of the project. Currently, the environmental review is complete and design is approximately 75% complete. The State's FY17 capital budget includes $4 million of federal highway funding for this project. Most of Otmeloi Way lies within Service Area No. 1 so that section of roadway would fall within their maintenance responsibilities under Borough ownership. There are five properties on Otmeloi Way that are outside the service area boundary. This boundary change is being proposed to include these properties in the service area so that if the improvements are constructed then all properties owners will pay the road service area tax to maintain roads within the service area, including Otmeloi Way. KIB code provides that an alteration to a service area shall be initiated by ordinance and that the alteration shall not be effective unless it is approved by a majority of the qualified voters Kodiak Island Borough Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 67 of 157 AGENDA ITEM #9.9.C. KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 4. 2016 ASSEMBLY REGULAR MEETING as . voting on the question. The affected area is the entire Service Area No. 1 and the lots being added to the service area. An ordinance placing a proposition on the ballot must be adopted not later than 53 calendar days before the election, which is August 12, 2016. The State will not proceed with construction of the project without Borough assurance of a transfer of ownership and maintenance responsibilities. KIB does not have road service powers, so if KIB were to take ownership of the roadway without the boundary change, there is no means of maintaining or paying for maintenance of the section of roadway that falls outside the current boundary; therefore, staff is recommending that approval of the boundary change is needed prior to commitment of ownership transfer so that all property owners along the roadway participate in the maintenance cost. Also included in this proposed boundary change is Tract B Mill Point Alaska Subdivision which is Borough owned land that may be considered for development. This land is contiguous to properties that front Otmeloi Way and it is possible that Otmeloi Way could be utilized for access when developed. Rather than undergoing the boundary change process again if this land is slated for development, staff is proposing to include it in the current proposition. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2017-03. Move to amend Ordinance No. FY2017-03 by substitution. Kodiak Island Borough Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 68 of 157 AGENDA ITEM #9.9.C. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 69 of 157 Introduced by: Borough Manager SUBSTITUTED VERSION Requested by: Borough Manager VERSION 2 Intandeu� SpetiaIP 07/2 1/2016 I ro 2 Public Heedng: 08/042016 3 Adopted - 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2017-03 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH SUBMITTING TO THE QUALIFIED VOTERS IN EACH 10 AREA AFFECTED BY THE ORDINANCE THE QUESTION OF I I ALTERING THE BOUNDARY OF SERVICE AREA NO. 1 ON THE 12 OCTOBER 4, 2016 MUNICIPAL BALLOT 13 14 WHEREAS, KIBC 4.05.040 provides that the assembly shall Initiate any action to alter a 15 service area by introducing an ordinance effecting the proposed action; and 16 17 WHEREAS, KIBC 4.05.060 provides that an ordinance altering a service area shall not 18 be effective unless approved by a majority of the qualified voters voting on the question in 19 each area affected by the ordinance; and 20 21 WHEREAS, the State of Alaska has allocated $3.3 million dollars and is working to 22 obtain federal monies to improve Otmeloi Way with grading, drainage, sidewalks and 23 paving, along with realignment and lighting as needed; and 24 25 WHEREAS, if improvements are to be constructed then ownership and maintenance 26 responsibilities of Otmeloi Way must transfer from the State of Alaska to the Kodiak Island 27 Borough; and 28 29 WHEREAS, Otmeloi Way lies mostly within the boundaries of Road Service Area No. 1. 30 It is proposed that Lots 6 and 7A of Block 5 and Lots 1, 2, and 3 of Block 6 Monashka Bay 31 Subdivision, which also front Otmeloi Way, be included in the boundaries of Service Area 32 No. 1; and 33 34 WHEREAS, it is equitable that all properties fronting Otmeloi Way be added to the 35 Service Area No. 1 and contribute to its maintenance via a real property tax; and 36 37 WHEREAS, Tract B Miller Point Alaska Subdivision is owned by the Kodiak Island 38 Borough and is continguous to those properties fronting Otmeloi Way and may be 39 accessed via Otmeloi Way if developed; and 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 42 BOROUGH that: 43 Kodiak Island Borough, Alaska Ordinance No. FY2017-03 Page 1 of 2 Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 69 of 157 AGENDA ITEM #9.9.C. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 70 of 157 44 Section 1: Election. Upon adoption of this ordinance, the following ballot question will 45 be presented to the qualified voters in each area affected by the ordinance 46 at the October 4, 2016 Election. 47 48 49 BALLOT PROPOSITION NO. 1 50 51 Shall the boundary of Service Area No. 1 be altered by the addition of 52 Lot 6 and Lot 7A of Block 5, and Lot 1, Lot 2 and Lot 3 of Block 6 53 Monashka Bay Subdivision and Tract B Miller Point Alaska 54 Subdivision, which will result in Kodiak Island Borough taking 55 ownership of Otmeloi Way from the State of Alaska and assume 56 responsibility for ongoing maintenance and upkeep of Otmeloi Way 57 via Service Area No. 1? 58 Q Yes Q No 59 Section 2: Qualifications. A person who is a qualified voter in each area affected by 60 this ordinance may vote on the proposition. 61 62 Section 3: Effective date. The ordinance shall become effective upon passage of the 63 proposition to alter the boundaries of Service Area No. 1 by the qualified 64 voters and upon certification of the October 4, 2016 election. 65 66 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 67 THIS DAY OF 2016 68 69 KODIAK ISLAND BOROUGH 70 71 72 73 Jerrol Friend, Borough Mayor 74 75 ATTEST: 76 77 78 79 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2017-03 Page 2 of 2 Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 70 of 157 AGENDA ITEM #9.9.C. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 71 of 157 Nova Javier From: Meagan Christiansen Sent: Monday, August 01, 2016 3.09 PM To: Nova Javier Cc Michael Powers Subject: Otmeloi Way Imrpovement Project Resolutions Attachments: Powers per state statute.docx; Service Area 1 Code.pdf; est taxes ao 2016 roll.pdf; 2007 letter re North Star lighting.pdf In response to Assembly member questions and conversation at the July 28" work session, I am attaching a summary of State Statute Title 29 pertaining to the Borough's powers, and a copy of the Borough Code for Service Area No. 1, for reference. The streetlights existing near North Star school have been paid out of the General Fund, account 100.190 Education Culture & Recreation within the sub -account "North Star PTA (street lights).- It appears that the practice began as a non-profit funding Item in FY2008 as described the 2007 letter, attached. An estimate of the amount of property taxes that would be assessed to property owners along Otmeloi Way for road maintenance service based on the 2016 certified roll, if approved, is also attached. Please keep in mind that no taxes would be assessed unless or until the Borough takes ownership of the improved roadway. If a streetlight district Is approved to be put on the ballot, the cost to the tax payers will be determined by the boundaries of the service area; properties owners within the decided upon boundaries of the service area will be assessed a tax based on the assessed value of their property, with the mill rate being determined by estimating needed funds and dividing by the assessed values of those within the service area. Once again, no taxes would be assessed unless or until the improvements are Installed and the Borough takes responsibility for them. Additionally, I have sent an email to DOT asking how the number of streetlights planned for the project was determined and will share the response when I receive it. Finally, a couple of reminders... The Borough has been working with the State of Alaska for many years under the premise that the Borough would take ownership of the roadway if the roadway were brought up to the Borough's road standards. Also, with the inclusion of federal monies to complete this project, there are federal rules to follow as well which may explain some of the details that seem "overly done" to us. I say this because one property owner has expressed the desire to simply blacktop the existing roadway and call it good, however this does not meet the standards for completion of this project with the state and federal monies we have sought to date. Please let me know if there are further questions or requests for research of information that I can assist with. Meagan t Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 71 of 157 AGENDA ITEM #9.9.C. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 72 of 157 From State of Alaska Statutes, Title 29 Article 02. MANDATORY AREAWIDE POWERS Sec. 29.35.150. Scope of areawide powers. A borough shall exercise the powers as specifed and In the manner specified In AS 29.35.150 - 29.35.180 on an areawide basis. Sec. 29.35.160. Education. (a) Each borough constitutes a borough school district and establishes, maintains, and operates a system of public schools on an areawide basis as provided In AS 14.14.060. A military reservation in a borough is not part of the borough school district until the military mission is terminated or until inclusion in the borough school district Is approved by the Department of Education and Early Development. However, operation of the military reservation schools by the borough school district may be required by the Department of Education and Early Development under AS 14.14.110. If the military mission of a military reservation terminates or continued management and control by a regional educational attendance area is disapproved by the Department of Education and Early Development, operation, management, and control of schools on the military reservation transfers to the borough school district In which the military reservation Is located. (b) This section applies to home rule and general law municipalities. Sec. 29.35.170. Assessment and collection of taxes. (a) A borough shall assess and collect property, sales, and use taxes that are levied in Its boundaries, subject to AS 29.45. (b) Taxes levied by a city shall be collected by a borough and returned In full to the levying city. This subsection applies to home rule and general law municipalities. Sec. 29.35.180. Land use regulation. (a) A first or second class borough shall provide for planning, platting, and land use regulation in accordance with AS 29,40. (b) A home rule borough shall provide for planning, platting, and land use regulation. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 72 of 157 AGENDA ITEM #9.9.C. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 73 of 157 Article 03. ADDITIONAL POWERS Sec. 29.35.210. Second class borough powers. (a) A second class borough may by ordinance exercise the following powers on a nonareawlde basis: (1) provide transportation systems; (2) regulate the offering for sale, exposure for sale, sale, use, or explosion of fireworks; (3) license, Impound, and dispose of animals; (4) subject to AS 29.35.050, provide garbage, solid waste, and septic waste collection and disposal; (5) provide air pollution control under AS 46.14.400; (6) provide water pollution control; (7) participate in federal or state loan programs for housing rehabilitation and improvement for energy conservation; (8) provide for economic development; (9) provide for the acquisition and construction of local service roads and trails under AS 19.30.111 - 19.30.251; (10) establish an emergency services communications center under 65 29.35.130; (11) subject to AS 28.01.010, regulate the licensing and operation of motor vehicles and operators; (12) engage In activities authorized under AS 29.47.460; (13) contain, clean up, or prevent a release or threatened release of oil or a hazardous substance, and exercise a power granted to a municipality under AS 46.04, AS 46.08, or AS 46.09; the borough shall exercise Its authority under this paragraph in a manner that is consistent with a regional master plan prepared by the Department of Environmental Conservation under AS 46.04.210. (b) A second class borough may by ordinance exercise the following powers on an areawide basis: (1) provide transportation systems; (2) license, Impound, and dispose of animals; (3) provide air pollution control under AS 46.14.400; (4) provide water pollution control; (5) license day care facilities. (c) In addition to powers conferred by (a) of this section, a second class borough may, on a nonareawide basis, exercise a power not otherwise prohibited by law if the exercise of the power has been approved at an election by a majority of voters living in the borough but outside all cities in the borough. (d) In addition to powers conferred by (b) of this section, a second class borough may, on an areawide basis, exercise a power not otherwise prohibited by law If the power has been acquired in accordance with AS 29.35.300. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 73 of 157 AGENDA ITEM #9.9.C. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 74 of 157 Chapter 4.70 SERVICE AREA NO. I Page I of I Chapter 4.70 SERVICE AREA N0. 1 Sections: 4.70.010 Creationandpowers, 4.70.015 Service area exemptions. 4.70.020 Board, 4.70.010 Creation and powers. Service area No. 1 is established pursuant to Ordinance No. 78-06-0 and encompasses the area described In that ordinance. Road construction and maintenance powers shall be provided In service area No. 1. [Ord. 98-04 §2,1998; Ord. 96-03 §§3.4: Ord. 91.11 §§2, 5, 1991; Ord, 85-25.0, 1985; Ord. 8629-0 §1, 1980; Ofd. 78.6-0 §i, 1978; Ord. 77-35.0, 1977; Ord. 68.24-0, 1968; Ord. 64-3-0, 19641. 4.70.015 Service area exemptions. Parcels abutting state- maintained mads whose only access is on a state -maintained road, and there is no potential use of service area roads for access within described boundaries of the service area, shall be excluded from mad construction and maintenance and the rate of laxation to finance that service within the service area. The determination that the parcel receives no benefits tram the service shall be made by the manager, or designee, and is appealable to the assembly. [Ord. 98.04 §2, 1998; Ord. 97-28 §3,1997]. 4.70.020 Board. The service area No. 1 board shall consist of seven members, [Ord. 98.04 §2,1998; Ord. 91-11 §§2, 5, 1991], The Kodiak Island Borough Code Is current through Ordinance PY2016.20, passed June 2, 2016. Oisclaimer 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. htip://wmv.codepubi ishing.com/AK/KGd iaklslandBoroughfhtm I/Kod iaklslandBorougliO4/... 7292016 Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 74 of 157 AGENDA ITEM #9.9.C. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 75 of 157 mJo"iM. ogS�gB�B� E ri E " N m N m N m N xm888888888$888$8888 a F m p 1p ryry F N O T N D m .Y b D rl m Q D@@ N N n 10 M. n .�rvmm v c C @ m n J m w Imn n m@ N N m e l m It �t Y Y Y Y Y Y Y Y Y Y Y Y Y r�� m r m m¢ m m s m m m m m m m m F F F F F F F @ P. Q @ 6 Q y� y� yZj m m d' 6 m 2 Y6�y! 16�uy 1mu 1mu �6y S N J N N JJ m J J� r2 J �. J WJ WJ J J J J J a f�i>>iJ fiW W i W i P P 2 f 2 4i E 00 N pN N N N fV N N 0IV N 0(`I 0I4 Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 75 of 157 AGENDA ITEM #9.9.C. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 76 of 157 North Star PTA amens Mtdtt-NNBmtrun AF61YI Rf1mY1rm1U-mtnmtlttrnnhtl&iYlt; Road 722 Mill Bay IWNhk.Ottt11 Kodiak, Alaska 99615 1 ' Ntm/Ilattt It¢MNYBNt4 /1Ht16d' of 9 What11 HR41HI15 TtBaar-emaTOWS, /tt.tt,t pis C; h II rl Iga�, �...,.,. i DEC 5 20^7 I "AN11 BOROUGH December 5, 2007 FSOmer ro: BCErr ;y Cl CfK'S Lr' ICEimt 0H RR Dear Borough Assembly Members, Borough Mayor and Borough Manager, _ At the November 29" work session, safe access for the students of North Star Elementary School was a topic of discussion. Separated pathways and lighting were noted as key needs for the roads approaching the school. Specific lighting needs were identified along with electricity costs to operate the lights. The additional lighting proposed resolves the lighting problem on the roads connecting to North Ston School. It was suggested that as a temporary solution, the Borough could utilize excess non-profit funding transferred to the North Stu PTA to pay for the operation of the street lights for this year. The North Star Elementary PTA is a 501 (c) (3) non-profit entity, with a Tax Identification Number of 92.0156593. We are requesting that the Borough provide funding this year to the North Star PTA to cover the costs of electricity for the proposed street lights. We want to emphasize that the North Star PTA payment for operation of street lights with funding from the Borough is an interim solution for this fiscal year ending June 30, 2008. It is our understanding that alternative options for permanent funding for the operation of the street lights will be pursued by the Borough. We appreciate the work you are doing in addressing the lighting issues on the roads that approach ` North Star Elementary School. Putting up street lights is a step in the right direction towards providing safe access and separated pathways for students to route to school. Sincerely, North Star PTA . I i Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 76 of 157 AGENDA ITEM #9.9.C. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 77 of 157 BOROUGH POWERS PER AS TITLE 29 • A borough shall exercise powers on an areawide basis (AS 29.35.150.29.35.180). • Additional power— provide for the acquisition and construction of local service roads and trails under AS19.30.111.19.30.251 • In order for a borough to exercise a power that is not prohibited by law on a nonareawide basis, that power has to be approved by a majority of voters living in the borough but outside all cities in the borough. What is the source of funding the streetlights existing near North Star School? • The practice began In 2007 as a non-profit funding Item • They have been paid out of General Fund, Sub Account 100-190, Education, and Recreation — North Start PTA "streetlights' What Is the estimated amount of property taxes that would be assessed to property owners along Otmelol Way If proposition no. 1 is approved? Otmelol Way properties as of 1016 Certified Roll Rd service if taxed YEAR PID LEGAL TXsL at 1.5 mills 2015 21942 MONASHKA BAY SK 6 IT 132,200 198.30 201521383 USS 3464 IT 13 249,100 373.65 201521551 MILLER PTTR A 335,300 50295 2015 21392 USS 3454 IT 12 314,100 471.15 201523381 USS 3464 LT 11 402,500 603.75 201523704 MILLER PT BK4 LT IA 293,90D 440.85 2015 21380 USS 3454 LT 10 117,200 175.80 201521690 MILLER PT BK 4 IT 2A 368,800 553.20 201521691 MILLER PT BK 4 IT 20 203,500 30535 201521729 ELEMENTARY HG75 IT 3 317,000 475.50 201521728 ELEMENTARY HGTS LT 298,200 447.30 201521692 MILLER PT SK LT 2C 40,200 60.30 201521727 ELEMENTARY HGTS IT I 300,300 4S0.4S 201523952 MILLER PT BK 4 IT 311-1 145,400 218.10 201521719 MILLER PT BK 7 IT 2 143,000 21450 201523953 MILLER PT SK 4 LT 311-2 261900 4035 201521720 MILLER PT BK 7 LT 3 114,100 171.30 201521721 MILLER PT RK 7 LT 474,900 712.35 201521722 MILLER PT BK 7 IT 5 466,50D 699.75 2015 21704 MILLER PT SK 5 LT 419,400 629.10 201523705 MILLER PT BK 4 LT 25 72,500 108.75 7,952.65 Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 77 of 157 AGENDA ITEM #9.9.C. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 78 of 157 What is the cost association with maintaining the proposed Otmeloi Way road improvements? • The proposed Otmeloi Way Road improvement is approximately one mile or roadway • Service Area No. 1 cost estimate (cunent cost average) per mile is $30,700 per mile, per year • The estimated amount of property lax from the owners along Olmelol Way Is $7,852.65 • $22,847.35 will be shouldered by the rest of the Service Area No. 1 tax payers What are the sources of funding for the Otmeloi Way construclionrrmprovements? • $3.3 million FY2006 State of Alaska grant • State's FY2017 capital budget of $4 million of federal highway funding If approved, how is the operation and maintenance cost for the Otmeloi Neighborhood Streetlight Service Area allocated? • As of July 27, DOT determined 23 streetlights will be installed with the estimated cost of $710/mo or $8,500/year. This number has been determined; however, why that number is appropriate or whether it can be reduced has not been. Additional Information is being sought from DOT. • Property owners within the boundaries will be assessed a tax based on their property assessed values • A mill rate will be determined by estimating needed funds to operate and maintain the lights Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 78 of 157 AGENDA ITEM #9.9.C. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 79 of 157 BOROUGH POWERS PER AS TITLE 29 • A borough shall exercise powers on an areawide basis (AS 29.35.150-29.35.180). • Additional power — provide for the acquisition and construction of local service roads and trails under AS19.30.111-19.30.251 • In order for a borough to exercise a power that is not prohibited by law on a nonareawide basis, that power has to be approved by a majority of voters living in the borough but outside all cities in the borough. What Is the source of funding the streetlights existing near North Star School? • The practice began in 2007 as a non-profit funding item • They have been paid out of General Fund, Sub Account 100-190, Education, and Recreation — North Start PTA "streetlights" What Is the estimated amount of property taxes that would be assessed to property owners along Otmeloi Way if proposition no. 1 is approved? Otmelol way properties a5 of 2016 Certified Roll Rd service if taxed YEAR Pro LEGAL TXSL at 1.5 mills 2015 21942 MONASHKA RAY SK 6 LT4 132,200 198.30 2015 21383 USS 3464 LT 13 249,100 373.65 201521651 MILLER PT TR A 335,300 502.95 2015 21382 U55 3464 LT 12 314,100 471.15 2015 21381 USS 3454 LT 11 402,50D 603.75 2015 23704 MILLER Pr SK 4 LT LA 293,900 44095 2015 21380 USS 3464 LT 10 117,200 17590 2015 21690 MILLER PT SK 4 LT 2A 368,800 553.20 2015 21691 MILLER PT BK 4 LT 2B 203,500 305.25 2015 21729 ELEMENTARY HGTS LT 3 317,000 475.50 201521728 ELEMENTARY HGr5LT2 298,200 447.30 2015 21692 MILLER FT BK 4 LT 2C 40,200 60.30 201521727 ELEMENTARY HGTSLTI 300,300 450.45 201523952 MILLER PT BK 4 LT 38-1 145,400 218.10 2015 21719 MILLER PT BK7 LT 143,000 214.50 201523953 MILLER PT BK 4 LT 38-2 26,90D 40.35 2015 21720 MILLER PT BK 7 LT 3 114,200 171.30 2015 21721 MILLER PT SK LT 474,900 712.35 2015 21722 MILLER PT BK 7 LT 466,500 699.75 2015 21704 MILLER PT BK 5 LT 419,400 629.10 2015 23705 MILLER PT SK 4 LT IB 72,500 108.75 7,852.65 Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 79 of 157 AGENDA ITEM #9.9.C. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 80 of 157 What Is the cost association with maintaining the proposed Otmelol Way road Improvements? • The proposed Otmeloi Way Road improvement is approximately one mile of roadway • Service Area No. 1 cost estimate (current cost average) per mile is $30,700 per mile, per year • The estimated amount of property tax from the owners along Otmeloi Way is $7,852.65 • $22,847.35 will be shouldered by the rest of the Service Area No. 1 tax payers What are the sources of funding for the Otmeloi Way constructionlimprovements? • $3.3 million FY2006 Slate of Alaska grant • State's FY2017 capital budget of $4 million of federal highway funding If approved, how is the operation and maintenance cost for the Otmelol Neighborhood Streetlight Service Area allocated? • As of July 27, DOT determined 23 streetlights will be installed with the estimated cost Of $710/mo or $8,500/year. This number has been determined; however, why that number is appropriate or whether it can be reduced has not been. Additional information is being sought from DOT. • Property owners within the boundaries will be assessed a tax based on their property assessed values • A mill rale will be determined by estimating needed funds to operate and maintain the lights Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 80 of 157 AGENDA ITEM #9.9.C. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 81 of 157 Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Special Projects Staff I Introduced: 07/21/2016 2 Public Hearing: 08/04/2016 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2017-03 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH SUBMITTING TO THE QUALIFIED VOTERS IN EACH 10 AREA AFFECTED BY THE ORDINANCE THE QUESTION OF I I ALTERING THE BOUNDARY OF SERVICE AREA NO. 1 ON THE 12 OCTOBER 4, 2016 MUNICIPAL BALLOT 13 14 WHEREAS, KIBC 4.05.040 provides that the assembly shall initiate any action to alter a 15 service area by Introducing an ordinance effecting the proposed action; and 16 17 WHEREAS, KIBC 4.05.060 provides that an ordinance altering a service area shall not 18 be effective unless approved by a majority of the qualified voters voting on the question in 19 each area affected by the ordinance; and 20 21 WHEREAS, the Slate of Alaska has allocated $3.3 million dollars and is working to 22 obtain federal monies to improve Otmeloi Way with grading, drainage, sidewalks and 23 paving, along with realignment and lighting as needed; and 24 25 WHEREAS, if improvements are to be constructed then ownership and maintenance 26 responsibilities of Otmelol Way must transfer from the Slate of Alaska to the Kodiak Island 27 Borough; and 28 29 WHEREAS, Otmeloi Way lies mostly within the boundaries of Road Service Area No. 1. 30 It is proposed that Lots 6 and 7A of Block 5 and Lots 1, 2, and 3 of Block 6 Monashka Bay 31 Subdivision, which also front Otmeloi Way, be included in the boundaries of Service Area 32 No. 1; and 33 34 WHEREAS, it is equitable that all properties fronting Olmeloi Way be added to the 35 Service Area No. 1 and contribute to its maintenance via a real property tax; and 36 37 WHEREAS, Tract B Miller Point Alaska Subdivision is owned by the Kodiak Island 38 Borough and is continguous to those properties fronting Otmeloi Way and may be 39 accessed via Otmeloi Way if developed; and 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 42 BOROUGH that: 43 Kodiak Island Borough, Alaska Ordinance No. FY2017-03 Page 1 of 2 Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 81 of 157 AGENDA ITEM #9.9. C. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 82 of 157 44 Section 1: Election. Upon adoption of this ordinance, the following ballot question will 45 be presented to the qualified voters in each area affected by the ordinance 46 at the October 4, 2016 Election. 47 48 49 BALLOT PROPOSITION NO. 1 50 51 Shall the boundary of Service Area No. 1 be altered by the addition of 52 Lot 6 and Lot 7A of Block 5, and Lot 1, Lot 2 and Lot 3 of Block 6 53 Monashka Bay Subdivision and Tract B Miller Point Alaska 54 Subdivision? O Yes CD No 55 Section 2: Qualifications. A person who is a qualified voter In each area affected by 56 this ordinance may vote on the proposition. 57 .58 Section 3: Effective date. The ordinance shall become effective upon passage of the 59 proposition to alter the boundaries of Service Area No. 1 by the qualified 60 voters and upon certification of the October 4, 2016 election. 61 62 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 63 THIS DAY OF 2016 64 65 KODIAK ISLAND BOROUGH 66 67 68 69 Jerrol Friend, Borough Mayor 70 71 ATTEST: 72 73 74 75 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2017-03 Page 2 of 2 Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 82 of 157 AGENDA ITEM #9.9.C. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 83 of 157 Introduced by: Mayor Selby Requested by: Mayor Selby Drafted by: Community Development Department Director Introduced: 01/16/97 ' Adopted: 01/16/97 KODIAK ISLAND BOROUGH RESOLUTION NO. 97-05 A RESOLUTION DECLARING A WILLINGNESS TO ACCEPT MAINTENANCE AND OPERATION RESPONSIBILITY FOR OTMELOI WAY WHEN IT IS IMPROVED TO KODIAK ISLAND BOROUGH STANDARDS WHEREAS, Otmeloi Way is ranked as a priority 2 in the Alaska Department of Transportation's IDOT) current Statewide Transportation Improvement Program (STIP); and WHEREAS, one of the evaluation criteria for ranking road Improvement projects in the STIP is: "local, other agency or user contribution to fund 0 & M costs ... for 1998 - 2000 STIP commitment must be in writing before points will be assigned"; and WHEREAS, Otmeloi Way Is the primary access to North Star Elementary School and the only access to the school during hazardous winter driving months; and WHEREAS, Otmeloi Way is a state of Alaska road that does not meet Kodiak Island Borough road standards for construction, and the addition of a walkway/bike trail to the roadway is necessary to ensure the safety of students traveling to and from North Star Elementary School; and WHEREAS, the addition of a walkway/bike trail to the Otmeloi Way improvement project will provide an additional and Important link to the Kodiak urban trail system by linking North Star Elementary School with the other community elementary schools, as well as several Borough parks, Ft. Abercrombie State Historical Site, and numerous other community facilities; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Assembly formally indicates Its willingness to accept maintenance and operation responsibility for Otmeloi Way from the state of Alaska once it has been improved to Borough road standards, including walkway/bike trail Improvements. Kodiak Island Borough, Alaska Resolution No. 97-05 Pape 1 of 2 Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 83 of 157 AGENDA ITEM #9.9.C. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 84 of 157 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH OF JANUARY, 1997 KODIAK ISLAND BOROUGH n l"1 Jer a M. Selby, Borou i M -)�1 v. V(�1OLL i6j Robin Heinrichs, Presiding Officer ATTEST: MFSmith, Dona CMC[AAE, Borough Clark i 1 Kodlek lalend Borough, Alaska Rmolutlon No. 97-05 Page 2 of 2 Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 84 of 157 AGENDA ITEM #9.9.C. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 85 of 157 rm.i,.v•v�"mee,.m,m.eo�.i ww...o.M •m ..ame�ad m,.�r bwi,.v...�noo� DR REZANOF e r s ms i o s O W:nrr"Fr i m s s Y _ 3 vi m E W0 2 g ervygr:. - 5 6 z g a W 3 � _ a a 8 a m O LU „ s O a s� u O IL £ W p K LU LU N � C° o�mnuwm.w�a.v. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 85 of 157 AGENDA ITEM #9.9. G. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 86 of 157 4.05.010 Establishing, altering, abolishing service areas — General. The assembly, by ordinance, may establish, alter or abolish service areas, subject to the provisions of this chapter. The borough may provide services within a service area only in accordance with Chapter 4.10 KIBC. [Ord. 80-29.0 §1, 1980]. 4.05.040 Initiation by assembly. The assembly shall initiate the establishing, altering or abolishing of a service area by introducing an ordinance effecting the proposed action. [Ord. 80-29-0 §1, 1980]. 7.10.025 Propositions and questions. An ordinance placing propositions and questions before the voters must be adopted not later than 53 calendar days before a regular election, or 60 calendar days before a special election. [Ord. FY2009-19 §2, 2009]. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 86 of 157 AGENDA ITEM #9.9.C. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 87 of 157 Introduced by: Borough Manager Requested by: Borough Manager crafted by: Special Projects Staff I Introduced: 072112016 2 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2017.03 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH SUBMITTING TO THE QUALIFIED VOTERS IN EACH 10 AREA AFFECTED BY THE ORDINANCE THE QUESTION OF 11 ALTERING THE BOUNDARY OF SERVICE AREA NO. 1 ON THE 12 OCTOBER 4, 2016 MUNICIPAL BALLOT 13 14 WHEREAS, KIBC 4.05.040 provides that the assembly shall initiate any action to alter a 15 service area by Introducing an ordinance effecting the proposed action; and 16 17 WHEREAS, KIBC 4.05.060 provides that an ordinance altering a service area shall not 18 be effective unless approved by a majority of the qualified voters voting on the question In 19 each area affected by the ordinance; and 20 21 WHEREAS, the State of Alaska has allocated $3.3 million dollars and is working to 22 obtain federal monies to improve Otmeloi Way with grading, drainage, sidewalks and 23 paving, along with realignment and lighting as needed; and 24 25 WHEREAS, if improvements are to be constructed then ownership and maintenance 26 responsibilities of Otmelol Way must transfer from the State of Alaska to the Kodiak Island 27 Borough; and 28 29 WHEREAS, Otmeloi Way lies mostly within the boundaries of Road Service Area No. 1. 30 It is proposed that Lots 6 and 7A of Block 5 and Lots 1, 2, and 3 of Block 6 Monashka Bay 31 Subdivision, which also front Olmeloi Way, be included in the boundaries of Service Area 32 No. 1; and 33 34 WHEREAS, it is equitable that all properties fronting Otmeloi Way be added to the 35 Service Area No. 1 and contribute to its maintenance via a real property lax; and 36 37 WHEREAS, Tract B Miller Point Alaska Subdivision is owned by the Kodiak Island 38 Borough and is conlinguous to those properties fronting Otmeloi Way and may be 39 accessed via Olmeloi Way if developed; and 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 42 BOROUGH that: 43 Kodiak Island Borough, Alaska Ordinance No. FY2017-03 Page 1 of 2 Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 87 of 157 AGENDA ITEM #9.9.C. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 88 of 157 44 Section 1: Election. Upon adoption of this ordinance, the following ballot question will 45 be presented to the qualified voters in each area affected by the ordinance 46 at the October 4, 2016 Election. 47 48 49 BALLOT PROPOSITION NO. 1 50 51 Shall the boundary of Service Area No. 1 be altered by the addition of 52 Lot 6 and Lot 7A of Block 5, and Lot 1, Lot 2 and Lot 3 of Block 6 53 Monashka Bay Subdivision and Tract B Miller Point Alaska 54 Subdivision? Q Yes Q No 55 Section 2: Qualifications. A person who Is a qualified voter in each area affected by 56 this ordinance may to vote on the proposition. 57 58 Section 3: Effective date. The ordinance shall become effective upon passage of the 59 proposition to alter the boundaries of Service Area No. 1 by the qualified 60 voters and upon certification of the October 4, 2016 election. 61 62 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 63 THIS DAY OF 2016 64 65 KODIAK ISLAND BOROUGH 66 67 68 69 Jerrol Friend, Borough Mayor 70 71 ATTEST: 72 73 74 75 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2017-03 Page 2 of 2 Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 88 of 157 AGENDA ITEM #9.9.C. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 89 of 157 Sent: Wednesday, July 27, 2016 3:53 PM To: Clerks Cc: Michael Powers Subject: otmelol service area costs In response to Assembly requests for information regarding costs associated with the two proposed ordinances for the Otmelol Way Improvements projects: The project design Includes improvements to approximately one mile of roadway; the Road Service Area No. 1 average maintenance cost per mile over the most recent 5 fiscal years is approximately $30,700 per mile, per year. The project design also Includes the installation of 23 streetlights along Otmeloi and Mallard Ways. Staff with the State have estimated an operation cost of $710 per month or $8,500 per year. Meagan Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 89 of 157 AGENDA ITEM #9.9.C. Dear Kodiak Island Borough Assembly Members; I would like to thank you for your time and attention regarding my comments and concerns regarding the Otmelol Way road project. I am a resident on Otmelol Way and have been advocating several points regarding the planning design of this project by the State of Alaska, Department of Transportation In Juneau AK. First of all, let me stress my most Important point is that I want to see Otmelol Way paved. I personally desire a dust free environment for my own personal health as well as the safety of the residents who drive on this street, the pedestrians who use Otmelol Way, and the children who need a safe way to walk to and from North Star Elementary School. These points are very much desired by many of the residents In this neighborhood. My points of contention come from various factors surrounding the 'scope of design' Intended and drafted for this road project. The scope of design projected and assigned to the SOA project manager and engineers for this project are grossly excessive, Inflexible and unnecessary, given the usage of this road In relation not only to KIB District 1; but the residents themselves who reside directly on and adjacent to this road project. I personally was not satisfied with the response I received following the presentation from the SOA/DOT design staff from Juneau In April 2016, as well as the defined Impact this would have on other property owners, so I asked for assistance from Representative Stutes; to which she arranged a meeting via teleconference with the DOT design project manager in Juneau and several property owners on Otmelol Way from her office in Kodiak, AK on August 2, 2016. KIB Assembly Members Skinner & Symmons attended along with (2) representatives the Kodiak DOT staff and (5) of the property owners and/or representatives adjacent to our property. The report given to Rep. Stutes from the project manager, Chris Goins, in Juneau only referenced me personally, so I will share with the assembly members my direct points of contention. 1. The state road itself Is currently encroaching significantly on our private property. Our surveyor, Robert Tarrant (retired), notified us of this encroachment upon completing the as -built required to close on our new construction house in 2006. As the years have gone on, the road has further encroached onto our property given the extensive potholes and degrading condition of the roadway directly in front of our property and the evasive footpath of travel drivers made to avoid those areas. Throughout the years, we have brought this to the attention of our Kodiak DOT team, they are well aware of it and we were always assured, when the road was paved, it would be fixed. I was then, and am still okay with that solution and now is the planning stage for these remedies. To add aggravation to a sore subject, the SOA/DOT Implemented a drainage plan and ditched alongside Otmelol Way, which further encroached Into our property (which we used to use). Our local DOT staff was courteous enough to add a second culvert to allow us access to a portion of our property we once used and what little we had left following the ditching project, in order to access our boat storage and parking on the lower level of our property. I understand this is not the norm, and I would like to reiterate that I greatly appreciate and recognize the efforts of our local DOT Kodiak maintenance team. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 90 of 157 AGENDA ITEM #9.9.C. 2. My opposition to this scope of design rests significantly on the Idea that the roadway will not be completely removed from our property — and that we will not effectively have a say In that. I am not comfortable with anyone, any entity, or engineer re -drawing where the center line of the road sits In relation to private property. The road is plotted legally in black and white in this area and that is where it should be. In layman terms, the design teams proposed nice aerial photographed pencil drawing of where the new pavement ends but where the new supporting ditch will end in regards to the additional elevated 4 feet of fill that will encroach upon my property is a lose -lose situation for us as well as my neighbors across from us (with the attempted selling point that I will gain property back). We will lose not only addition usable property to excessive fill as foundation to the scope of this design, but I will lose the legal point to where my property line begins. Redrawing the center line of the roadway is a slippery agreement to make without adequate knowledge of land developments and the adverse effects upon us, and I would rather recapture what Is legally mine. I have paid property taxes for my complete property and have not been compensated for those losses at all despite the fact that my property tax increases. 3. The scope of this design assigned to the SOA/DOT design team requires specifications far overreaching what is necessary to accomplish what Is desired by some the residents of Otmeloi Way and surrounding streets accessed through Otmeloi. Currently, this design cannot allow for sidewalks less than 10 feet wide. Is that really necessary? Sidewalks. Yes. Minimum 10 foot sidewalks (which I might add where graciously reduced from 11 foot sidewalks)? I don't see the need for something that elaborate. The adverse affect on property owners would be significant, and could jeopardize the passing of the adoption of this roadway Into KIB Service District 1. There are many other ways to implement adequate sidewalks for all pedestrians to traverse safely without making them a minimum of 10 feet wide from the beginning of Otmeloi (the Bayside Fire Department) to the end (Monashka Bay Rd). With this design, there is no flexibility with those regulations. 4. My other understanding is this particular scope of design involves the overall elevation of the roadway from beginning to end. As this design requires; the entire roadway must fall within a certain percentage of uniform elevation from beginning to end. To accomplish this feat, requires the DOT design team to reduce portions of the road In certain areas (essentially making the roadway lower than it currently sits) and filling in other portions of the roadway to build it up. Obviously, building it up requires more expensive fill and will adversely Impact the property owners who fall Inside those areas. What goes up goes out as well and I can guarantee you I will not be the only one unhappy with this development. On the other side of the spectrum, what goes down, makes a steeper grade in the property meeting the new roadway (driveways) and has the potential of detrimental impact to homes and structures with the blasting that may be required to reduce the grade. There are very specific driveways that will have significant impacts of functionality If this particular scope of design is adhered to. Again 1 ask the obvious question; are there other ways to develop this paved process without locking the entire roadway Into such a stringent set of requirements that cannot be adjusted? Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 91 of 157 AGENDA ITEM #9.9.C. 5. Another point of contention with this project has to do with the safety of the Peninsula Intersection meeting Otmeloi Way. Straightening the road, and placing it where it Is actually plotted to be, would eliminate the dangerous intersection that presents itself currently because the road would actually be straight. With the currently proposed design, the only way to accomplish creating a safe intersection involves raising the road from Its current elevation up an additional four feet, keeping a portion of the new road curved on (my) private property, encroaching supporting fill outward into even more of my private property as well as the neighbor directly across from me. The best case scenario involves the ratio 1:2 — for every foot you go up, you need to go out (2) feet In supporting fill. In other cases, it was explained as a possible ratio of 1:4 — for every foot you raise the road up, you must go out an additional (4) feet to support that Increase. This was not explained to all the property owners who will be affected by this ratio, and I think It's an important factor that everyone needs to be aware of before this project begins—especially those residents with slopping topography to begin with. 6. Lastly, there are the mentioned street lights. I respectfully ask If maybe the cart is coming before the horse with this particular project. No one has voted to have street lights put in, which— when you are In a KIB service district, is something that has been done In the past. I personally appreciate the fact that my entire neighborhood Isn't lit up with street lights, and I certainly am opposed to paying for that service. My comment regarding this particular subject Is to let the voters decide if this paving project Is something that works for them — considering the significant Issues noted above with this particular scope of design, as It Is not Flexible to meet the needs of the neighborhood without Imposing additional unnecessary requirements and negatively Impacting many residents on this state road. Future street lights can be designed into a more reasonable plan that passes with the voters in KIB District 1 if (or when) that time comes. Thank you for taking the time to read my comments regarding the Otmelol Way paving project. I look forward to the meeting today. Sincerely, LuVonne Shields -Chaco 3653 Otmeloi Way tclstagcl.net August 4, 2016 Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 92 of 157 AGENDA ITEM #9.9.D. KODIAK ISLAND BOROUGH AGENDA STATEMENT �lS AUGUST 4. 2016 ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2017-04 Submitting To The Qualified Voters The Question Of Establishing The Otmeloi Neighborhood Streetlight Service Area To Provide Operation And Maintenance Of Streetlights Along Otmeloi Way And A Portion Of Mallard Way. ORIGINATOR: Meagan Christiansen FISCAL IMPACT: No Account Number: FUNDS AVAILABLE: Amount Budgeted: SUMMARY STATEMENT: Additional Fiscal Impact Information: There is no direct fiscal impact to the Borough in placing the question on the ballot. If establishment of the service area is approved, property owners in the new service area will be assessed a property tax by the service area that is sufficient to cover the cost of operation and maintenance of the streetlights. Summary Information: The scope of work for the Otmeloi Way Improvements project includes installation of streetlights along the roadway. The Borough does not have streetlight powers or any means for paying the cost of operation and maintenance of streetlights. Establishment of a streetlight service area provides a means for collecting property taxes to address those specific costs. The proposed boundary was determined selecting properties fronting Otmeloi Way. An ordinance placing a proposition on the ballot must be adopted not later than 53 calendar days before the election, which is by August 12, 2016. If the ballot question fails, the State of Alaska will not install the streetlights as an element of the project. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2017-04. Move to amend by substitution (version 3). Kodiak Island Borough Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 93 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 94 of 157 Introduced by: Borough Manager Requested by Borough Manager Drafted by: Special Projects Staff I SUBSTITUTED VERSION Introduced: 07121/2016 2 VERSION 3 Adolic Hepted adng: 06/042016 3 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2017-04 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH SUBMITTING TO THE QUALIFIED VOTERS THE 10 QUESTION OF ESTABLISHING THE OTMELOI WAY 11 NEIGHBORHOOD STREETLIGHT SERVICE AREA TO PROVIDE 12 OPERATION AND MAINTENANCE OF STREETLIGHTS ALONG 13 OTMELOI WAY AND A PORTION OF MALLARD WAY 14 15 WHEREAS, KIBC 4.05.040 provides that the assembly shall initiate any action to 16 establish a service area by introducing an ordinance effecting the proposed action; and 17 18 WHEREAS, KIBC 4.10.010 provides that an ordinance for providing a service within a 19 service area shall not be effective unless approved by a majority of the qualified voters 20 voting on the question in each area affected by the ordinance; and 21 22 WHEREAS, the State of Alaska has allocated $3.3 million dollars and is working to 23 obtain federal monies to improve Otmeloi Way and a portion of Mallard Way with 24 grading, drainage, sidewalks and paving, along with realignment and lighting as needed; 25 and 26 27 WHEREAS, when Improvements are complete, the ownership and maintenance 28 responsibilities of Otmeloi Way, and related infrastructure, and streetlighting will transfer 29 to the Kodiak Island Borough; and 30 31 WHEREAS, the Kodiak Island Borough does not have streetlighting powers or other 32 means of paying for operation and maintenance of streetlights; and 33 34 WHEREAS, a streetlight service area would allow for ongoing operation and 35 maintenance of streetlights in the Interest of public safety and neighborhood convenience 36 when streellighls are installed; 37 38 WHEREAS, this ordinance would be in effect only if Proposition No. 1 altering the 39 boundaries of Service Area No. 1 is approved by the voters as Improvements to Otmeloi 40 Way will not be constructed if the boundary change is not approved. 41 42 Kodiak Island Borough, Alaska Ordinance No. FY2017-04 Page Iota Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 94 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 95 of 157 43 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 44 BOROUGH that: 45 46 Section 1: Election. Upon adoption of this ordinance, the following ballot question will 47 be presented to the qualified voters in each area affected by the ordinance 48 at the October 4, 2016 Election. 49 50 BALLOT PROPOSITION NO. 2 51 52 If Ballot Proposition No. 1 Ito expand the boundaries of Service Area 53 No. 1 to Include all properties fronting Otmeloi Way) passes with a 54 positive vote, shall the Kodiak Island Borough exercise the powers 55 necessary to provide operation and maintenance of streetlights along 56 Otmeloi Way and a portion of Mallard Way as Indicated on the 57 attached map? 58 Q Yes Q No 59 Section 2: Qualifications. A person who is a qualified voter in each area affected by 60 this ordinance may to vote on the proposition. 61 62 Section 3: Title 4 of the Kodiak Island Borough Code of Ordinances is amended by 63 adding Chapter 4.150 as follows: 64 65 Chapter 4.150 66 67 OTMELOI WAY NEIGHBORHOOD STREETLIGHT SERVICE AREA 68 Sections: 69 4.150.010 Creation and powers. 70 4.150.020 Board 71 72 4.150.010 Creation and powers. The Otmeloi Way Neighborhood streetlight 73 service area is established pursuant to Ordinance No. FY2017-04 and 74 encompasses the area as indicated on the map attached to that ordinance. The 75 Otmeloi Way Neighborhood streetlight service area shall provide operation and 76 maintenance of streetlights on Otmeloi Way and a portion of Mallard Wav within 77 its boundaries. 78 79 4.150.020 Board. The Otmeloi Way Neighborhood streetlight service area board 80 shall consist of three (3) members appointed by the assembly. 81 Kodiak Island Borough, Alaska Ordinance No. FY2017-04 Page 2 of 3 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 95 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 96 of 157 82 Section 4: Effective date. Section 1 of shall become effective upon passage of the 83 proposition to establish the Olmeloi Way Neighborhood Streetlight service 84 area by the qualified voters and upon certification of the October 4, 2016 85 election. Section 4 shall become effective on the first day of the fiscal year 86 following certification of the election, If a morjority of those qualified voters 87 cast their ballats in favor of establishing the Otmeloi Way Neighborhood 88 streetlight service area. 89 90 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 91 THIS DAY OF 2016 92 93 KODIAK ISLAND BOROUGH 94 95 96 97 Jerrol Friend, Borough Mayor 98 99 ATTEST: 100 101 102 103 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2017-04 Page 3 of 3 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 96 of 157 AGENDA ITEM #9.9.D. ThM mpIsprw.*d br wY MkIp MIN/MN brrnY 4pi Mmwr iam s sNOF O $ E REZA R m s0,Q A v c a �n ©© 000 s LLI a w y Ir v_ Co e 0 AYMN 3 J fi W W O� j W \ m 3 e a pl�i'(�1lrCi rp M1 m m O y y m- _ a a z x LLJ f ~O a l a a 5 LLJ a 0 CL " g = = R a YIOLHU(p,rNn G4Y Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. Page 97 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 98 of 157 Nova Javier From: Meagan Christiansen Sent: Monday, August 01, 2016 3:09 PM To: Novalavier Cc Michael Powers Subject: Otmelal Way imrpovement Project Resolutions Attachments: Powers per state statute.docx; Service Area 1 Cade.pdh est taxes as 2016 roll.pdh 2007 letter re North Star lighting.pdf In response to Assembly member questions and conversation at the July 28" work session, I am attaching a summary of State Statute Title 29 pertaining to the Borough's powers, and a copy of the Borough Code for Service Area No. 1, for reference. The streetlights existing near North Star school have been paid out of the General Fund, account 100-190 Education Culture & Recreation within the sub -account "North Star PTA (street Ilghts) " It appears that the practice began as a non-profit funding Item In FY200B as described the 2007 letter, attached. An estimate of the amount of property taxes that would be assessed to property owners along Otmelol Way for road maintenance service based on the 2016 certified roll, if approved, is also attached. Please keep in mind that no taxes would be assessed unless or until the Borough takes ownership of the Improved roadway. If a streetlight district is approved to be put an the ballot, the cost to the tax payers will be determined by the boundaries of the service area; properties owners within the decided upon boundaries of the service area will be assessed a tax based on the assessed value of their property, with the mill rate being determined by estimating needed funds and dividing by the assessed values of those within the service area. Once again, no taxes would be assessed unless or until the improvements are Installed and the Borough takes responsibility for them. Additionally, I have sent an email to OOT asking how the number of streetlights planned for the project was determined and will share the response when I receive it. Finally, a couple of reminders... The Borough has been working with the State of Alaska for many years under the premise that the Borough would take ownership of the roadway if the roadway were brought up to the Borough's road standards. Also, with the inclusion of federal monies to complete this project, there are federal rules to follow as well which may explain some of the details that seem "overly done" to us. I say this because one property owner has expressed the desire to simply blacktop the existing roadway and call it good, however this does not meet the standards for completion of this project with the state and federal monies we have sought to date. Please let me know If there are further questions or requests for research of Information that I can assist with. Meagan Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 98 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 99 of 157 From State of Alaska Statutes, Title 29 Article 02. MANDATORY AREAWIDE POWERS Sec. 29.35.150. Scope of areawide powers. A borough shall exercise the powers as specified and In the manner specified In AS 29.35.150 - 29.35.180 on an areawlde basis. Sec. 29.35.160. Education. (a) Each borough constitutes a borough school district and establishes, maintains, and operates a system of public schools on an areawide basis as provided In AS 14.14.060. A military reservation in a borough is not part of the borough school district until the military mission is terminated or until inclusion in the borough school district is approved by the Department of Education and Early Development. However, operation of the military reservation schools by the borough school district may be required by the Department of Education and Early Development under AS 14.14.110. If the military mission of a military reservation terminates or continued management and control by a regional educational attendance area Is disapproved by the Department of Education and Early Development, operation, management, and control of schools on the military reservation transfers to the borough school district in which the military reservation Is located. (b) This section applies to home rule and general law municipalities. Sec. 29.35.170. Assessment and collection of taxes. (a) A borough shall assess and collect property, sales, and use taxes that are levied In Its boundaries, subject to AS 29.45. (b) Taxes levied by a city shall be collected by a borough and returned in full to the levying city. This subsection applies to home rule and general law municipalities. Sec. 29.35.180. Land use regulation. (a) A first or second class borough shall provide for planning, platting, and land use regulation in accordance with AS 29.40. (b) A home rule borough shall provide for planning, platting, and land use regulation. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 99 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 100 of 157 Article 03. ADDITIONAL POWERS Sec. 29.35.210. Second class borough powers. (a) A second class borough may by ordinance exercise the following powers on a nonareawide basis: (1) provide transportation systems; (2) regulate the offering for sale, exposure for sale, sale, use, or explosion of fireworks; (3) license, Impound, and dispose of animals; (4) subject to AS 29.35.050, provide garbage, solid waste, and septic waste collection and disposal; (5) provide air pollution control under AS 46.14.400; (6) provide water pollution control; (7) participate in federal or state loan programs for housing rehabilitation and Improvement for energy conservation; (8) provide for economic development; (9) provide for the acquisition and construction of local service roads and trails under AS 19.30.111 - 19.30.251; (10) establish an emergency services communications center under AS 29.35.130; (11) subject to AS 28.01.010, regulate the licensing and operation of motor vehicles and operators; (12) engage in activities authorized under AS 29.47.460; (13) contain, clean up, or prevent a release or threatened release of oil or a hazardous substance, and exercise a power granted to a municipality under AS 46.04, AS 46_08, or AS 46.09; the borough shall exercise Its authority under this paragraph in a manner that is consistent with a regional master plan prepared by the Department of Environmental Conservation under AS 46.04.210. (b) A second class borough may by ordinance exercise the following powers on an areawide basis: (1) provide transportation systems; (2) license, Impound, and dispose of animals; (3) provide air pollution control under AS 46.14.400; (4) provide water pollution control; (5) license day care facilities. (c) In addition to powers conferred by (a) of this section, a second class borough may, on a nonareawide basis, exercise a power not otherwise prohibited by law if the exercise of the power has been approved at an election by a majority of voters living in the borough but outside all cities in the borough. (d) In addition to powers conferred by (b) of this section, a second class borough may, on an areawide basis, exercise a power not otherwise prohibited by law if the power has been acquired In accordance with AS 29.35.300. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 100 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 101 of 157 Chapter 4.70 SERVICE AREA NO. I Page I of I Chapter 4.70 SERVICE AREA NO. 1 Sections: 4.70.010 Creation and powers. 4.70.015 Service area exemptions. 4.70.020 Board. 4.70.010 Creation and powers. Service area No.1 is established pursuant to Ordinance No. 78-06-0 and encompasses the area described In that ordinance. Road construction and maintenance powers shall be provided In service area No. 1. (Ord. 98-04 §2, 1998; Ord. 9603 §§3, 4; Ord. 91-11 §§2, S. 1991; Ord. 85-25-0,1985; Ord. BO -29-0 §t, 1980; Ord. 78-6-0 §1, 1978; Ord. 77-35-0,1977; Ord. 68-24-0,196B; Ord. 64-3-0, 1964]. 4.70.015 Service area exemptions. Parcels abutting slate -maintained mads whose only access is on a state -maintained road, and there is no potential use of service area mads for access within described boundaries ofthe service area, shall be excluded from road construction and maintenance and the rate of taxation to finance that service within the service area. The determination that the parte! receives no benefits tram the service shall be made by the manager, or designee, and is appealable to the assembly. [Ord. 90.04 §2,1998; Ord. 97-28 §3,19971. 4.70.020 Board. The service area No.1 board shall consist of seven members. [Ord. 98.04 §2, 1998; Ord. 91-11 §§2, 5, 19911. The Kodiak Island Borough Code Is current through Ordinance FT2016-20, passed June 2, 2016. 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. htip://www.codepublish ing.comIAK/Kodiakisland Bomughthtm I/KDdiakl slandBoroughO4/... 729/2016 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 101 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 102 of 157 E4�e~Ni�id�m E n m C S$BSSS000gSSSS�88$888 m N m N N m N m N v'1 m p ��pp ryry O � T ry O tm�l eel O T N b O N O1 V O C O N M n N emA N W ¢ Y e Sm a ur u mm m S x ry N 11__N m mm a m m .y O N ry Y Y Y Y Y Y Y Y Y Y Y Y Y J A J~ J t J m J mom m¢ m m m m m mom IR¢ z 2 Z ¢ ¢ ¢ ¢ ¢ ¢ u Z m m m m � n �n Jin in�v� E N m m E N 3 M, 4g� N N N N N N N N N N N N N O y ¢ 111 VI I(f to N N N MI N Itl 1� N 1� N N 1f1 Yf N N r. curl e. P, o 000000 aR m gal O �ml mal 00 coo LF YYQ55 y M N N N N N N N N N N N ry N R N N n N Q Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 102 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 103 of 157 North Star PTA lalolrc MtpMll-MIilMlru4IIFIIII r! /R7h"MN W1-MIrlistit 11n1M11fri1/1; 722 MITI gay Road j lurnra m-nla �i Kodiak, Alaska 99615 ,,, Ntt1YMi-0ealglmetlN1m11411ii AreaeelYah1641H115 (r'S 8 �i5 Tnernr-INIIIaN1,/IFOII D r l'.; I4 111-(' (1 p,�,.�a�� `i DEC 5 20T December 5, 2007L t -s nrr'rrr. ry ro BCC''!S^rirjIplfSDrrICE /AIAvoR: ✓ — ' ')TORR Dear Borough Assembly Members, Borough Mayor and Borough Manager, `•" �. At the November 29" work session, safe access for the students of North Star Elementary School was a topic of discussion. Separated pathways and lighting were noted as key needs for the roads I,.. approaching the school. Specific lighting needs were identified along with electricity costs to .' operate the lights. The additional lighting proposed resolves the lighting problem on the roads - ; connecting to North Slav School. s It was suggested that as a temporary solution, the Borough could utilize -pro non-profit funding `transferred to the North Stu PTA to pay for the operation of the street lights for this year. The North Star Elementary PTA is a 501 (c) (3) non-profit entity, with a Tax Identification Number of 92-0156593. We are requesting that the Borough provide funding this year to the North Star PTA cover the costs of electricity for the proposed street lights. We want to emphasize that the North j , Star PTA payment for operation of street lights with funding from the Borough is an interim solution for this fiscal year ending lune 30, 2008. It is our understanding that alternative options for funding for permanent the operation of the street lights will be pursued by the Borough. We appreciate the work you are doing in addressing the lighting issues on the roads that approach North Star Elementary School. Putting up street lights is a step in the right direction towards providing safe access and separated pathways for students an route to school. i� Sincerely, -I North Sur PTA l ':I Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 103 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 104 of 157 BOROUGH POWERS PER AS TITLE 29 • A borough shall exercise powers on an areawide basis (AS 29.35.150.29.35.100). • Additional power — provide for the acquisition and construction of local service roads and trails under AS19.30.111.19.30.251 • In order for a borough to exercise a power that is not prohibited by law on a nonareawlde basis, that power has to be approved by a majority of voters living in the borough but outside all cities in the borough, What is the source of funding the streetlights existing near North Star School? • The practice began In 2007 as a non-profit funding Item • They have been paid out of General Fund, Sub Account 100-190, Education, and Recreation — North Start PTA'streedights' What is the estimated amount of property taxes that would be assessed to property owners along Otmelol Way If proposition no.1 is approved? otmeloi Way properties as 4f 2016 Certified Rod Rd servke if taxed YEAR PID LEGAL Tx9L at 1.5 mills 201521942 MONASHKA BAY BK 6 LT4 13ZZOD 198.30 201521383 USS 3464 LT 13 249,100 373.65 201521651 MILLER PTTR A 335,300 50295 2015 21382 USS 3464 LT 12 314,10D 471.15 2015 21381 U553464 IT 11 402,SDD 603.75 201523704 MILLER PTBK 4 LT IA 293,900 44095 2015 21380 USS 3464 LT 10 117,200 175.80 201521690 MILLER PT BK4 LT 2A 368,800 553.20 201521691 MILLER PT BK4 LT 28 203,500 365.25 2015 21729 ELEMENTARYHGTSLT3 317,000 475.50 201521728 ELEMENTARY HGTS LT 2 298,200 447.30 2015 21692 MILLER PT 8K 4 LT 2C 40,200 60.30 201521727 ELEMENTARY NETS LT 3 300,30D 450.45 201523952 MILLER PT BIC 4 LT 38-1 145,40D 218.10 2015 21719 MILLER PT BK 7 LT 143,000 214.50 201523953 MILLER PT BK 4 LT 362 26,900 4035 2015 21720 MILLER PT BK 7 LT 114,200 171.30 101521721 MILLER PT BK 7 LT 474,900 712.35 201521722 MILLER PT BK 7 LT 5 466,500 699.75 2015 21704 MILLER PT BK 5 LT 419,406 629.10 201523705 MILLER PT BK 4 LT 38 72,500 108.75 7,852.65 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 104 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 105 of 157 What is the cost association with maintaining the proposed Otmeloi Way road Improvements? • The proposed Otmeloi Way Road improvement is approximately one mile of roadway • Service Area No. 1 cost estimate (current cost average) per mile is $30,700 per mile, per year • The estimated amount of property tax from the owners along Otmeloi Way Is $7,852.65 • $22,847.35 will be shouldered by the rest of the Service Area No. 1 tax payers What are the sources of funding for the Otmelol Way construction/improvements? • $3.3 million FY2006 Slate of Alaska grant • State's FY2017 capital budget of $4 million of federal highway funding If approved, how is the operation and maintenance cost for the Otmelot Neighborhood Streetlight Service Area allocated? • As of July 27, DOT determined 23 streellights will be installed with the estimated cost of $710/mo or $8,500/year. This number has been determined; however, why that number is appropriate or whether it can be reduced has not been. Additional information is being sought from DOT. • Property owners within the boundaries will be assessed a tax based on their property assessed values • A mill rate will be determined by estimating needed funds to operate and maintain the lights Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 105 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. Page 106 of 157 BOROUGH POWERS PER AS TITLE 29 • A borough shall exercise powers on an areawide basis (AS 29.35.150-29.35.180). • Additional power — provide for the acquisition and construction of local service roads and trails under AS19.30.111-19.30.251 • In order for a borough to exercise a power that is not prohibited by law on a nonareawide basis, that power has to be approved by a majority of voters living in the borough but outside all cities in the borough. What Is the source of funding the streetlights existing near North Star School? • The practice began in 2007 as a non-profit funding item • They have been paid out of General Fund, Sub Account 100-190, Education, and Recreation — North Start PTA "streetlights" What is the estimated amount of property taxes that would be assessed to property owners along Otmeloi Way if proposition no. 1 Is approved? Otmelol Way properties as of 2016 Certified Roll Rd service if taxed YEAR PID LEGAL Tx8L at 1.5 mills 2015 21942 MONASHKA BAY BK 6 LT4 132,200 198.30 2015 21383 USS 3464 LT 13 249,100 373.65 201521651 MILLER PT TR A 335,300 502.95 201521382 USS 3464 LT 12 314,100 471.15 2015 21381 US$ 3464 LT 11 402,500 603.75 2015 23704 MILLER PT BK 4 LT LA 293,900 440.85 2015 21.380 USS 3464 LT 10 117,200 175.80 201521690 MILLER PT BK 4 LT 2A 368,800 553.20 201521691 MILLER PT BK 4 LT2B 203,500 305.25 201521729 ELEMENTARYHGTSLT3 317,000 475.50 2015 21728 ELEMENTARY HGT5 IT 2 298,200 447.30 2015 21692 MILLER PT BK 4 LT 2C 40,200 60.30 2015 21727 ELEMENTARY HGTS LT I 3D0,300 450.45 2015 23952 MILLER Pr SK 4 LT 38-1 145,400 218.10 2015 21719 MILLER Pf BK 7 LT 143,000 214.50 2015 23953 MILLER PT SK 4 LT 38-2 26,900 40.35 2015 21720 MILLER PT BK 7 LT 3 114,200 171.30 201521721 MILLER Pr BK 7 LT 4 474,900 712.35 2015 21722 MILLER PT BK 7 IT 5 466,500 699.75 201521704 MILLER PT SK 5 LTS 419,400 629.10 2015 23705 MILLER PT BK 4 LT 1B 72,500 108.75 7,852.65 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. Page 106 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 107 of 157 What is the cost association with maintaining the proposed Otmeloi Way road Improvements? • The proposed Otmeloi Way Road improvement is approximately one mile of roadway • Service Area No. 1 cost estimate (current cost average) per mile is $30,700 per mile, per year • The estimated amount of property tax from the owners along Otmeloi Way is $7,852.65 • $22,847.35 will be shouldered by the rest of the Service Area No. 1 tax payers What are the sources of funding for the Otmeloi Way construction/Improvements? • $3.3 million FY2006 State of Alaska grant • State's FY2017 capital budget of $4 million of federal highway funding If approved, how is the operation and maintenance cost for the Otmeloi Neighborhood Streetlight Service Area allocated? • As of July 27, DOT determined 23 streetlights will be installed with the estimated cost of $710/mo or $8,500/year. This number has been determined; however, why that number is appropriate or whether it can be reduced has not been. Additional information Is being sought from DOT. • Property owners within the boundaries will be assessed a tax based on their property assessed values • A mill rate will be determined by estimating needed funds to operate and maintain the lights Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 107 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 108 of 157 Introduced by: Borough Manager Requested by: Borough Manager Dratted by. Special Projects Staff 1 SUBSTITUTED VERSION Introduced'.07121/2016 2 VERSION 2 Adoptedeadng: 06/042016 3 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2017-04 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH SUBMITTING TO THE QUALIFIED VOTERS THE 10 QUESTION OF ESTABLISHING THE OTMELOI WAY STREETLIGHT I I SERVICE AREA TO PROVIDE OPERATION AND MAINTENANCE OF 12 STREETLIGHTS ALONG OTMELOI WAY 13 14 WHEREAS, KIBC 4.05.040 provides that the assembly shall Initiate any action to 15 establish a service area by Introducing an ordinance effecting the proposed action; and 16 17 WHEREAS, KIBC 4.10.010 provides that an ordinance for providing a service within a 18 service area shall not be effective unless approved by a majority of the qualified voters 19 voting on the question in each area affected by the ordinance; and 20 21 WHEREAS, the State of Alaska has allocated $3.3 million dollars and is working to 22 obtain federal monies to improve Otmeloi Way with grading, drainage, sidewalks and 23 paving, along with realignment and lighting as needed; and 24 25 WHEREAS, when Improvements are complete, the ownership and maintenance 26 responsibilities of Otmeloi Way and related infrastructure will transfer to the Kodiak Island 27 Borough; and 28 29 WHEREAS, the Kodiak Island Borough does not have street lighting powers or other 30 means of paying for operation and maintenance of streetlights; and 31 32 WHEREAS, a streetlight service area would allow for ongoing operation and 33 maintenance of streetlights in the Interest of public safety and neighborhood convenience 34 when street lights are installed; 35 36 WHEREAS, this ordinance would be in effect only if Proposition No. 1 altering the 37 boundaries of Service Area #1 is approved by the voters as improvements to Otmeloi Way 38 will not be constructed if the boundary change is not approved. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 41 BOROUGH that: 42 Kodiak Island Borough, Alaska Ordinance No, FY2017-04 Page 1 of 3 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 108 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. Page 109 of 157 43 Section 1: Election. Upon adoption of this ordinance, the following ballot question will 44 be presented to the qualified voters in each area affected by the ordinance 45 at the October 4, 2016 Election. 46 47 48 49 BALLOT PROPOSITION NO. 2 50 51 If Ballot Proposition No. 1 Ito expand the boundaries of Service Area 52 No. 1 to Include all properties fronting Otmeloi Way) passes with a 53 positive vote, shall the Kodiak Island Borough exercise the powers 54 necessary to provide operation and maintenance of streetlights along 55 Otmeloi Way as indicated on the attached map? 56 O Yes Q No 57 Section 2: Qualifications. A person who is a qualified voter in each area affected by 58 this ordinance may to vote on the proposition. 59 60 Section 3: Title 4 of the Kodiak Island Borough Code of Ordinances is amended by 61 adding Chapter 4.150 as follows: 62 63 Chapter 4.150 64 65 OTMELOI WAY STREETLIGHT SERVICE AREA 66 Sections: 67 4.150.010 Creation and powers. 68 4.150.020 Board 69 70 4.150.010 Creation and powers. The Otmeloi Way streetlight service area is 71 established pursuant to Ordinance No. FY2017-XX and encompasses the area as 72 indicated on the map attached to that ordinance. The Otmeloi Way streetlight 73 service area shall provide operation and maintenance of streetlights on Otmeloi 74 Way within its boundaries. 75 76 4.150.020 Board. The Otmeloi Way streetlight service area board shall consist of 77 three (3) members appointed by the assembly. 78 79 Section 4: Effective date. Section 1 of shall become effective upon passage of the 80 proposition to establish the Otmeloi Way Streetlight service area by the 81 qualified voters and upon certification of the October 4, 2016 election. Kodiak Island Borough, Alaska Ordinance No. FY2017-04 Page 2 of 3 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. Page 109 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. Page 110 of 157 82 Section 4 shall become eefective on the first day of the fiscal year following 83 certification of the election, if a modority of those qualified voters cast their 84 ballats in favor of establishing the Otmeloi Way streetlight service area. 85 86 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 87 THIS DAY OF 2016 88 89 KODIAK ISLAND BOROUGH 90 91 92 93 Jerrol Friend, Borough Mayor 94 95 ATTEST: 96 97 98 99 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2017-04 Page 3 of 3 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. Page 110 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 111 of 157 Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Special Projects Staff I Introduced: 07212016 2 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2017.04 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH SUBMITTING TO THE QUALIFIED VOTERS THE 10 QUESTION OF ESTABLISHING THE OTMELOI WAY STREETLIGHT 1 I SERVICE AREA TO PROVIDE OPERATION AND MAINTENANCE OF 12 STREETLIGHTS ALONG OTMELOI WAY 13 14 WHEREAS, KIBC 4.05.040 provides that the assembly shall initiate any action to 15 establish a service area by Introducing an ordinance effecting the proposed action; and 16 17 WHEREAS, KIBC 4.10.010 provides that an ordinance for providing a service within a 18 service area shall not be effective unless approved by a majority of the qualified voters 19 voting on the question in each area affected by the ordinance; and 20 21 WHEREAS, the State of Alaska has allocated $3.3 million dollars and is working to 22 obtain federal monies to Improve Otmeloi Way with grading, drainage, sidewalks and 23 paving, along with realignment and lighting as needed; and 24 25 WHEREAS, when improvements are complete, the ownership and maintenance 26 responsibilities of Otmeloi Way and related infrastructure will transfer to the Kodiak Island 27 Borough; and 28 29 WHEREAS, the Kodiak Island Borough does not have street lighting powers or other 30 means of paying for operation and maintenance of streetlights; and 31 32 WHEREAS, a streetlight service area would allow for ongoing operation and 33 maintenance of streetlights In the Interest of public safety and neighborhood convenience 34 when street lights are installed; 35 36 WHEREAS, this ordinance would be in effect only if Proposition No. 1 altering the 37 boundaries of Service Area #1 is approved by the voters as Improvements to Otmeloi Way 38 will not be constructed if the boundary change is not approved. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 41 BOROUGH that: 42 Kodiak Island Borough, Alaska Ordinance No. FY2017-04 Page 1 of 3 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 111 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 112 of 157 43 Section 1: Election. Upon adoption of this ordinance, the following ballot question will 44 be presented to the qualified voters in each area affected by the ordinance 45 at the October 4, 2016 Election. 46 47 48 49 BALLOT PROPOSITION NO. 2 50 51 Shall the Kodiak Island Borough exercise the powers necessary to 52 provide operation and maintenance of streetlights along Otmelol Way 53 as indicated on the attached map? 54 Yes p No 55 Section 2: Qualifications. A person who is a qualified voter In each area affected by 56 this ordinance may to vole on the proposition. 57 58 Section 3: Title 4 of the Kodiak Island Borough Code of Ordinances is amended by 59 adding Chapter 4.150 as follows: 60 61 Chapter 4.150 62 63 OTMELOI WAY STREETLIGHT SERVICE AREA 64 Sections: 65 4.150.010 Creation and powers. 66 4.150.020 Board 67 68 4.150.010 Creation and powers. The Otmeloi Way streetlight service area is 69 established pursuant to Ordinance No. FY2017-XX and encompasses the area as 70 indicated on the map attached to that ordinance. The Otmeloi Way streetlight 71 service area shall provide operation and maintenance of streetlights on Otmeloi 72 Way within Its boundaries. 73 74 4.150.020 Board. The Otmeloi Way streetlight service area board shall consist of 75 three (3) members appointed by the assembly. 76 77 Section 4: Effective date. Section 1 of shall become effective upon passage of the 78 proposition to establish the Otmeloi Way Streetlight service area by the 79 qualified voters and upon certification of the October 4, 2016 election. 80 Section 4 shall become eefective on the first day of the fiscal year following 81 certification of the election, if a moriority of those qualified voters cast their 82 ballats in favor of establishing the Otmeloi Way streetlight service area. 83 Kodiak Island Borough, Alaska Ordinance No. FY2017-04 Page 2 of 3 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 112 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. Page 113 of 157 84 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 85 THIS DAY OF 2016 86 87 KODIAK ISLAND BOROUGH 88 89 90 91 Jerrol Friend, Borough Mayor 92 93 ATTEST: 94 95 96 97 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2017-04 Page 3 of 3 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. Page 113 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 114 of 157 s s E RE7ANOF DR e e _ A M - " o1Q a <' � 3 �w ;n 3 n� �pfi WCJ Q i �. • � � S n � r w Y h Q evm,y 3 3 c g W >3y W <O a C . a S ❑ J W W S (n ❑ N IL - s = . R o O IL o �h 3 ❑ W _ _ n - • y�W ae [OIL 10 E Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 114 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 115 of 157 4.05.010 Establishing, altering, abolishing service areas — General. The assembly, by ordinance, may establish, alter or abolish service areas, subject to the provisions of this chapter. The borough may provide services within a service area only in accordance with Chapter 4.10 KIBC. [Ord. 80-29-0 §1, 1980]. 4.05.040 Initiation by assembly. The assembly shall initiate the establishing, altering or abolishing of a service area by introducing an ordinance effecting the proposed action. [Ord. 80-29-0 §1, 1980]. 7.10.025 Propositions and questions. An ordinance placing propositions and questions before the voters must be adopted not later than 53 calendar days before a regular election, or 60 calendar days before a special election. [Ord. FY2009-19 §2, 2009]. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 115 of 157 AGENDA ITEM #9.9.D. Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 116 of 157 Sent: Wednesday, ]uly 27, 2016 3:53 PM To: Clerks Cc: Michael Powers Subject: Otmelol service area costs In response to Assembly requests for Information regarding costs associated with the two proposed ordinances for the Otmelol Way Improvements projects: The project design Includes Improvements to approximately one mile of roadway, the Road Service Area No.1 average maintenance cost per mile over the most recent 5 fiscal years Is approximately $30,700 per mile, per year. The project design also Includes the Installation of 23 streetlights along Otmelol and Mallard Ways. Staff with the State have estimated an operation cost of $710 per month or $8,500 per year. Meagan Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Page 116 of 157 AGENDA ITEM #13.A.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 4, 2016 ASSEMBLY REGULAR MEETING i;. TITLE: Contract No. FY2017-09 A Sole Source Agreement To Purchase 300,000 Spruce Tree Seedlings From Koncor Forest Products For A Spring 2017 Planting Season. ORIGINATOR: Duane Dvorak FISCAL IMPACT: Yes 120,231 FUNDS AVAILABLE: Yes Account Number: 210-231-430-140 Amount Budgeted: 436,300 16002.1 B SUMMARY STATEMENT: At the July 14, 2016 Assembly work session, the Assembly directed staff to prepare a contract to purchase 300,000 Spruce Tree seedlings from Koncor Forest Products. Staff has prepared an agreement for the Assembly's consideration. This agreement is a little different from typical purchase agreements in that the product is coming from a third party. The agreement is intended to hold the seller accountable for warranty of the product through their agreement with the nursery PRT USA. The agreement has an exception for assignment to the nursery if PRT USA is willing to accept the terms of the agreement, subject to borough approval. This agreement also proposes a sole source procurement in the interest of getting the seedlings for a spring 2017 planting season. The attached staff memorandum summarizes the rationale for expediting this purchase from the August 14th work session packet materials. In the interest of time, staff has submitted the agreement to the borough attorney for review to ensure that a reply will be received well before the August 4, 2016 regular meeting. RECOMMENDED MOTION: Move to approve KIB Contract No. FY2017-09 in the amount of $120,231.00 Kodiak Island Borough Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 117 of 157 AGENDA ITEM #13.A.1. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 118 of 157 "::..... Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road, Room 101 .� Kodiak, Alaska 99615 d Phone (907) 486-9304 Fax (907) 486-9374 e -maid: ddyoa0eakWJAAss Date: July 18, 2016 To: Jerrol Friend, Mayor Members of the Assembly Through: Michael Powers, Manager From: Duane Dvorak, Resource Management Officer RE: Proposed KIB Contract FY2017-09, An agreement to purchase 300,000 Spruce Tree Seedlings for a Spring 2017 planting season in Chiniak. In the aftermath of the Twin Creeks Fire, staff has been working with the assembly and interested members of the public to develop a salvage and recovery of on for fire damaged borough land near Chiniak. If the land is to be restored to a forested state, there is a small window of time in order to ensure a successful reforestation effort. With the proliferation of new ground vegetation and the type of wildlife it supports, a matter of additional months to the replanting could result in many additional years in seeing the forest lands restored to maturity. Replanting the borough lands near Chiniak will be paid by revenues realized from the Salvage Timber Sale currently ongoing. Adequate funds have been budgeted for this purpose from the Special Revenue Land Sale Fund. There will be no impact to the General Fund. At the time the assembly approved the contract with A -I Timber to conduct the salvage timber harvest, the deadline for ordering trees for delivery in spring 2017 had already passed. As a result, staff was then looking at fall 2017 and was considering the need for a competitive solicitation to purchase Spruce Tree seedling stock. However, Koncor Forest Products, which is currently harvesting timber on Afognak Island, approached the borough about purchasing some seedlings that were ordered for a spring 2017 planting. Koncor' s timing to be ready for a Spring planting is off and they are offering seedlings to the borough at their cost. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 118 of 157 AGENDA ITEM #13.A.1. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 119 of 157 Page 2 ora The borough's forest management consultant has reviewed the documentation for the tree seedlings and believes that they ere an appropriate replacement for the trees lost to fire in Chiniak. Koncor Forest Products is offering 300,000 trees at $0.3678 per tree which is $110,340. The trees are being produced by PRT USA which is actually based in Victoria, BC. With additional charges from the nursery to prepare the shipment, the total cost of the purchase would look like this: $110,340 — nursery price of $0.3678 per tree for volume of 300,000 seedlings for KIB $8,866 — nursery costs for cold storage after trees are lifted from growing containers and wrapped for spring shipping $925 — nursery costs for palletizing and shrink wrap boxed tree seedlings prior to shipping $100 — Koncor cost for acquiring tree seed for producing plant materials $120,231 Total projected cost for seedling purchase The success of the replanting effort will be greatly increased if the planting can be done in spring 2017 rather than fall 2017. Another full growing season for ground vegetation in the aftermath of the fire and salvage timber harvest will make it harder for the seedlings to compete with the ground vegetation plant species. Kodiak Island Borough Code (KIBC) 3.30.040 Advertising for Bids states that "Purchases, sales, or contracts authorized by KIBC 3.30.010 having an estimated value of more than $25,000 may be made only after a notice calling for bids is issued... The purchase or contract shall be awarded to the lowest responsible bidder, or in the case of a sale to the highest responsible bidder." Normally, staff would expect to follow the process outlined above. Due to the interest of liming however, the purchasing of seedlings from Koncor Forest Products will require a sole source purchase if the borough wishes to have the seedlings available for a spring 2017 planting season. Staff believes that this is justifiable under KIBC 3.30.070 as follows: 3.30.070 Exception to bidding requirements. The requirements of this chapter relating to solicitation of competitive bids and award to the lowest responsible bidder shall not apply to:... ... B. Contracts for property or services necessitated by an emergency, if the delays required for compliance with the bidding requirements would jeopardize the public health or welfare; Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 119 of 157 AGENDA ITEM #13.A.1. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 120 of 157 Page 3 of3 Replanting of borough land in Chinink is considered by staff to part of the long tern recovery of Chiniak community to its pre -fire condition. As noted by the borough's forest management consultant, the longer the time period between the clearing of the land and the reforestation effort, the more probable seedling tree survival rates after planting will be diminished. At the same time, delay in reforestation effort will mean an increase in competing surface vegetation which will require more economic expenditure to have a successful tree planting outcome. It should also be noted that the two-vear window for replanting is usually tied to the time of harvest, however in this case, the two-year window of or nortunity likely opened at the time of the rim, which has been likened to a `khernal clear-cut". That would make fall 2017 the end of the two-year window. Having the trees replanted in the spring. would advance the forest regeneration process by a full growing season. Based on the foregoing, the delay required for a bidding process would jeopardize the public welfare as the investment of public funds into reforestation would be demonstrably less successful after the 2017 growing season as opposed to replanting before the second full growing season. For these reasons staff recommends that the assembly approve a sole source purchase of 300,000 Spruce seedlings from Koncor Forest Products as the initial stage in preparing for a spring 2017 replanting of borough lands damaged by fire near Chiniak. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 120 of 157 AGENDA ITEM #13.A.1. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 121 of 157 KODIAK ISLAND BOROUGH AGREEMENT TO PURCHASE SPRUCE TREE SEEDLINGS FROM KONCOR FOREST PRODUCTS KODIAK ISLAND BOROUGH PURCHASE AGREEMENT Contract No. FY2017-09 THIS AGREEMENT, made this 4th day of August, 2016, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Koncor Forest Products, P.O. Box 230023, Anchorage AK 99523, hereinafter called the Seller. WITNESSETH: That the Seller, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish 300,000 Sitka spruce tree seedlings for the Kodiak Island Borough per the specifications set forth in the original purchase document from PRT USA (Attached) for same and for the sum of One Hundred Twenty Thousand Two Hundred Thirty-one (120,231) Dollars. The Seller agrees that the Sitka spruce seedlings sown by PRT USA that will be sold to the KIB will be shipped, stored and handled in the exact same manner as Seller's seedling. The Seller warrants it is selling these seedlings to the KIB at its cost and is not marking them up in any way. The Seller also agrees if the seedlings the KIB receives are not up to the specifications in the PRT purchase agreement the Seller will pursue a remedy with the same diligence as if they were the Seller's seedling. Any warranty will be with the PRT Nursery and will be through the Seller unless the agreement can be successfully assigned to PRT USA under the same terms of this agreement.. The agreement entered into by the acceptance of the Seller's proposal to sell Spruce Tree seedlings and the signing of this Agreement consists of the following documents all of which are component parts of said Agreement and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. 1. Agreement to Purchase 2. Original Seedling Invoice between Koncor Forest Products and PRT USA In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. The Borough Manager covenants and agrees that the delivery of said Spruce Tree seedlings and the actual planting of said trees shall be furnished solely by the Kodiak Island Borough and, as such, is beyond the scope of this agreement. The Borough Manager will make separate arrangements for said shipping and handling, as well as planning for the replanting effort on Kodiak Island near Chiniak, Alaska. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 121 of 157 AGENDA ITEM #13.A.1. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3.,. Page 122 of 157 KODIAK ISLAND BOROUGH AGREEMENT TO PURCHASE SPRUCE TREE SEEDLINGS FROM KONCOR FOREST PRODUCTS The Seller hereby agrees to receive the prices set forth in the proposal as full compensation for conveying ownership of 300,000 Spruce Tree seedlings to complete said Agreement to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Seller shall not assign this contract, or any part thereof or any right to any of the monies to be paid him hereunder except that the agreement can be assigned to PRT USA, subject to the approval of the Kodiak Island Borough, if PRT USA is willing to deal directly with the Kodiak Island Borough under the same terms and provisions of this agreement agreed to by Seller. Payment for conveyance of Spruce Tree seedlings rendered under this Agreement shall be made by the Kodiak Island Borough within thirty ]30] days of approval by the Kodiak Island Borough and acceptance and invoicing by Seller. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said Koncor Forest Products have hereunto set their hands and seals, the day and year first above written. KODIAK ISLAND BOROUGH KONCOR FOREST PRODUCTS By By Michael Powers John Sturgeon Borough Manager Title: General Manager Attest. Nova Javier Borough Clerk Contract No. FY2017-09 A Sole Source Agreement To Purchase 3.,. Page 122 of 157 AGENDA ITEM mzA7 Contract G.FY3,7-0BA&le&aeA�e_mkPurchase 3... %@123@,9 !� ! | , . � . \ � | �! | §:., . .. !,|!. | ! !)( ( Contract G.FY3,7-0BA&le&aeA�e_mkPurchase 3... %@123@,9 AGENDA 7£m m3.A7 lip •. ! 'NM §.. } ){ ! |) | !| i | ] �� _ ! \.�}/ ! E�\ i!!; ! � /§) �■ �� 77 Mq � !| . ! \ Contract No. FYs,7-0,ASole Source Age_4aPurchase s. Page yyy@57 AGENDA ITEM #13.D.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT Jr AUGUST 4, 2016 ASSEMBLY REGULAR MEETING TITLE: Assembly Granting Permission To Bayside Fire Department To Dispose of Squad 10 And Sole Source An Acquisition Of A Used Piece Of Fire Apparatus. ORIGINATOR: Howard Rue FISCAL IMPACT: Account Number: Yes BFH is FUNDS AVAILABLE: estimating to receive $150,000 in trade SUMMARY STATEMENT: Amount Budgeted: Currently, the Bayside Fire Department owns a squad which currently at this time provides no benefits to the Department. It has no pump, no tank, and carries no hose and provides no fire fighting capability. By trading the squad in, the Fire Department will be able to acquire a used piece of apparatus that has a tank, pump, carry hose to provide fire fighting capabilities. Doing this will help modernize the Department in fire fighting apparatus. The trade will have no financial impact to the Department. RECOMMENDED MOTION: Move to grant permission to Bayside Fire Department to dispose of a Squad 10 and sole source an acquisition of a used piece of fire apparatus. Kodiak Island Borough Assembly Granting Permission To Bayside Fire Department To D... Page 125 of 157 AGENDA ITEM #13.D.1. Assembly Granting Permission To Bayside Fire Department To D... Page 126 of 157 I would like to request the Board permit me to act outside of standard procedures to trade our current 2007 Squad 10 For a used piece of fire apparatus. I will present this proposal In a formal request at the July 21 assembly meeting. The reason for this request Is that both our Engine 11 and Tender 10 are over 30 years of age and exceed the usable life of a piece of fire apparatus. The Squad carries no water, does not have a pump and does not fit the needs of the Bayside Fire Department. I have been able to obtain a figure of $150,000 (Squad 10 would have to be Inspected by the purchaser) as an approximate trade in allowance an a used piece of fire apparatus. The Squad is on the Boroughs asset list of having a value of $150,000. In doing this I would be able to purchase a used piece of equipment that would that would be ten to fifteen years old or less and would expect to get ten to fifteen years of service for Bayside. This would be a stop gap measure until a new piece of equipment could be purchased in the next ten to fifteen year range. we are also currently looking a purchasing a new piece of equipment. So very quickly we would lose both our thirty year old equipment and have current, functional, safe and trustworthy pieces of fire apparatus at Bayside. The packet I have given you contains the following: 1. Squad 10 -The Reasons to Explore the Possibility to Trade for a Fire Engine. 2. A Bayside Fire Equipment Replacement Plan. 3. A letter from Chief Mullican of the Kodiak Fire Department in regards to medical support, rehab and victim refuge from the weather. We also have our Communications 12 to be in place as a warming vehicle. 4. N.F.P.A (National Fire Protection Association)1901, StondardforAutamouve Fire Apparatus, 2016 Edition. S. Picture of a used tender under mnslderation. Assembly Granting Permission To Bayside Fire Department To D... Page 126 of 157 AGENDA ITEM #13.D.1. Assembly Granting Permission To Bayside Fire Department To D... Page 127 of 157 Squad 10 The Reasons to Explore the Possibility to Trade for a Fire Engine 1. The squad has responded to two calls since 1/1/16. The only reason it responded was that we were having an officers training session and hose testing. 2. The Squad carries no water, no hose and does not have a pump. It counts for no line equipment and does not count for 150 as a piece of rated equipment. 3. It cannot take the place of Engine 10, Engine 11 or Tender 10. 4. It has been stated that it is a personnel carrier. I feel it is more important to get our fire apparatus to a scene of an Incident than Squad 10. S. All equipment that is currently on Squad 10 can be carried on a fire engine. 6. A fire engine can carry as many firefighters as Squad 10 and be more prepared to do fire, rescue and property conservation than the Squad. 7. An engine can be used as back up to Engine 10 should it need maintenance or service as Eng. 11 is 30 years old 8. In the winter it could be left unchained and be first out on clear days and save wear and tear on Engine 10. The engine could have a set of chains and be ready be chained up if needed. 9. The department needs people who can operate a midship pump. Tender 10 is a front mount and Engine 11 is a walk-thru — little different operation. It is very hard to train people on only one engine. Assembly Granting Permission To Bayside Fire Department To D... Page 127 of 157 AGENDA ITEM #13.D.1. Assembly Granting Permission To Bayside Fire Department To D... Page 128 of 157 10. Engine 11 and Tender 10 are 30 years old and we should consider a back-up should Engine 10 or Tender 10 go down for maintenance or repairs. 11. During training the Squad only ferries people and some equipment and really adds nothing to the training of our people. 12. The Squad could be sold or traded for a newer 1,000 gpm to 1,500 single stage pump on a two wheel drive chassis fire engine. 13. 1 have spoken to all the members of the department and it is felt that this is a viable option and cost effective solution to our apparatus needs. Than youl, M. / AV Ho and S.Vv IRue III Fire Chief Assembly Granting Permission To Bayside Fire Department To D... Page 128 of 157 AGENDA ITEM #13.D.1. Assembly Granting Permission To Bayside Fire Department To D... Page 129 of 157 Go N n CL (D (D 2 -n O v (� (D Q N � � C � —• (D r -F Assembly Granting Permission To Bayside Fire Department To D... Page 129 of 157 AGENDA ITEM #13.D.1. Assembly Granting Permission To Bayside Fire Department To D... Page 130 of 157 3 y s >H s G s s tt s s bm ; O t� N ' i CL N m c yN I' v i N N \ 7 g o' 6 Assembly Granting Permission To Bayside Fire Department To D... Page 130 of 157 AGENDA ITEM #13.D.1. Assembly Granting Permission To Bayside Fire Department To D... Page 131 of 157 • • N H -I Ln N rr+ 00 N M C Q fD M (DI N CL N O fD NN C m O �I -0 �I C C: O fD Ln X r+ N fD O Q N � Q ' f'1 M M 3 (D c 0 Assembly Granting Permission To Bayside Fire Department To D... Page 131 of 157 AGENDA ITEM #13.D.1. Assembly Granting Permission To Bayside Fire Department To D... Page 132 of 157 • • • N m m m 0- m OW -0 O Q Uq (D 0'Q O N (D r+ (D (D (D OW P W (D N =3 r-+ O :3 m (D O O'Q oOLn rn N N (D Q- = O o o O 0-. O N rr (D (D -0 N (D -0 O n n 4 c7 (D _. (D N M m f� O k" N fD N N N O (� O N � O v � v Assembly Granting Permission To Bayside Fire Department To D... Page 132 of 157 AGENDA ITEM #13.D.1. Assembly Granting Permission To Bayside Fire Department To D... Page 133 of 157 O N (D M :3 -Q C: Go J Q Q a (D fD Q -t -s (n OQ ,.. r+ O (D 0- m M .0 Q oN 3 N .�. i (� mw X N CL rt N N a. O Of7 r+ (D M Ln C: (D M Assembly Granting Permission To Bayside Fire Department To D... Page 133 of 157 AGENDA ITEM #13.D.1. Assembly Granting Permission To Bayside Fire Department To D... Page 134 of 157 M m -O M' t'D sv �• N O = N Q 3 Q (� O M fD O M E r* O o o ^� _ c 0IQ CL c� M Q o ._: r+ ' 70 70 m Ln cu n M N O fD O ray. Assembly Granting Permission To Bayside Fire Department To D... Page 134 of 157 AGENDA ITEM #13.D.1. Assembly Granting Permission To Bayside Fire Department To D... Page 135 of 157 Office of the Fire Chief 219 Lower Mill Bay Road Kodiak, Alaska 99615 June 13, 2016 Bayside Fire Department 4606 East Rezanof Dr. Kodiak, AK 99615 Atm: Chief Rue RE: Kodiak Fire Department Medical Support The Kodiak Fire Department (KFD) is committed to providing the highest quality medical support to our fire service partners. Therefore, in accordance with NFPA 1500 and upon request from the Incident Commander we will provide an ALS ambulance to stand by on scene at all working structure fires. In the event that both an Engine company and a stand by ambulance are requested by the incident commander, KFD will provide an Engine company first. As we back fill the station an ambulance will be dispatched to the scene. All KFD units have an EMT2 or EMT3 assigned, therefore; the responding Engine Company does constitute an ALS unit - Ifyou/have que/sstii000nnregarding this policy contact me at the numbers provided. 'any ha lames R MulliU1K Fire Chief CC: File Telephone (907) 486-8040 / Fax (907) 486-6048 Imullicam@city.kodlakak.us Assembly Granting Permission To Bayside Fire Department To D... Page 135 of 157 1901.141 AUTOMOTIVE Fin APPARAi us Amts C Weights and Dimensions for Common Equipment TAU a mesi m( -Purl aftfu roulne rnt of Ni NFPA drmmmt Lm u mdudM forinformzd%,m d furfmrn only. CA The Fire Apparatus Manufacturers Allocution (FAMA) provides a worksheet for cue by purchamn in ralculam the portable equipment load anticipated to be Carried on an appa- mi.. To emote that the apparatus chnuh u Capable of carry. ing the installed equipment (pump, lank, aerial device, etc.) Plus the specified portable equipment bad with an apppropriate margin of safety, die purchaser should use this worWheet to provide apparatus vendors with the weight of the aqqulpment they anticipate Carrying when she apparatus is placed in xrw Ice, CIA The approximase menumments and weights of equip meet that are commonly available and used during fire depart. ment operations are listed on the worksheet. The purchaser should fill in the number of unit of aclt piece of anticipated equipment in die column tided'Quandry' and multiply that by the weight per unit to get the total weight. The dimensions of each piece of equipment arc given to assist in planning compartment size or the loxton on the fire apparatus. Where the purchaser wane to carry specific equipment in a specific compartment. that compartment designation should be shown in the column tided 'C wiparunent "don' C.1.2 The worbsheet an be downloaded as an Excel spread. Sheet, from the FAMA websim, anuufamnorg, and customized to show only the equipment a department expects to any. There are additional columns on the spreadsheet to assist the fire department in maintaining records of the equipment it Carlo on the apparatus. Amen D GWddWw for fintlwe and Reserve Fie Apperam Thu `w— Is of W net a fan e requvemrni of our NFPA slarusunt bol i induded f-afmrmttmal fmpora Ludy. D.I General. To maximize fire fighter Capabilities and mini. mize risk of Injuries, it is important Wal fire apparatus be equipped with the latest safety features and operating apabili• tea. In the last 19 to 15 yon, much progress has been made in upgrading functional Capabilities and improving the safety Icarus= of fire apyatus. Apparatus mom than 15 years old might include only a few of the safety upgmdm required by the recent editions of die NFPA fire department apparatus stand. ards or the equivalent Underwriters Labomouk,, of Canada (ULC) standards. Because the changes, upgrades, and fine Luning to NFPA 1991 have been truly signifianL apccially in the area of safety, fire departments should seriously consider the value (or risk) io fire tighten of keeping fire apparatus mom than 15 yea. old in 6".1h a service. It is recommended that apparatus mom than 15 yeast old that ban been properly maintained and that arc still in service, able condition be placed in reserve sum;be upgraded in accordance with NFPA 1912; and incorporate as many features as poesible of the current fire apparatus standard In Section 11.3), This will ensure that while the oppaaro, might not totally comply with the current edidom of the ammomm fire apparatus standards, many of the Improvement and upgrades required by die current edidom of the u,dard, are mailable to the fire fighters who use the aopamt.. wid Edrm AGENDA ITEM #13.D.1. Apparatus that were not manufactured to die applicable NFPA fire apparatus standards or that are over 25 years old should be replaced. D.2 Evaluating Fire Apparatus. It Is a generally accepted fact that fire apparatus, like all types of mechanical dmims, have a finite Ilfc. The length of that life depends on many fatten, including vehicle mileage and engine hours, gtWity of Ne preventative mahmenence program, quality of site driver train. ing program, whether the fire apparatus was used within the design parameter, whether the apparatus was manufactured on a =win or commercial chassis, quality of workmamhip by the original monofxnureq quality of him components used, and availability of replacement part, to name a few. In the fire service, there are fire apparatus wits B to to years of service that arc simply worn out.Timre are also fire spoon. use that wens manufactured with gmlity component, that have had excellent maintenance, and that have responded to a mini. ,,in. number ofiricidents Wal am still in serviceable condition after 20 years. &lost would agree that the arc of fire apparatus while being used and the quality and t oclineu of mainte, nance, arc perhaps the most significant facto, in determining how well a fire appear. as.. Critical enhancements in deign, safety, and technology should also play a key mde in the evaluation of an app oxen, life cycle. previous edition of the fire department appa nes standards featured many requirements advancing the level of aummotvefire apparatw nfery and user friendliness. Contained within the 2009 edition were requirements for mil. over stability; fire pressure indtators; seat belt warming systems requiring all occupants be properly seatd and belted; cmc. del sat belt length requirement rcsuli ng from an Indepth anduopomeuic study maivat ig the average site of today's fully dreacd firefighter: roadability. Including minimum acccl. eatium and to speed Palliations; enhanced step and work surface lighting; cab Integrity rating; increased use of retime, I uvesWpIng in the ter of apparatus providing a consistent dentifiable set of markings for all automotive fire apparatus; and enhanced aerial control technologies, enabling shonjack. ing and envelope consols. D3 Upgrading Fm Apparatus. Any apparaut, wlmther in firseline or reserve unite, should be upgraded in accordance With NFPA 1912, as necessary, to ensure that the following futures arc included a a minimum: (1) Seat bels with mat belt warning systems assn available for every sat and are new or in mrvicoble Condition. I2) Warning lights meet or exceed the current standard. (9) Reflective sniping meet or exceeds the current stand. ard. (i) grip resistance of walking surfaces and handrails meets the current standard. (5) A low huge electrical system load manager h insulted if the mul connected load exceeds the alternator output. (6) The alternator output is capable of meeting the tend continuous load on the low voltage electried system. (7) Where the gross vehicle weight rating (GVWR) is 36,000 Ib (16,00) kg) or more, an auxiliary baking system is installed and operating comedy. (B) Ground and step lighting meets or accede tm unmat s andard. Assembly Granting Permission To Bayside Fire Department To D... Page 136 of 157 AGENDA ITEM #13.D.1. ANNEXE 1901495 (9) Noise levels in the driving and new compatment(s) meet du current standard, or appropriate hearing protection is provided. (10) All hams and siren are relocated to a position m low and as far forward a possible. (Il) Signs are present rating that no riding Is allowed on open arm. (12) A pump shift indicator system is prescm and working property for vehicle, equipped with an automatic chassis transmission. (13) For vehicles equipped with electronic or electric engine throttle controls, an interlock system is present and working properly to prevent engine speed advancement at die openmr's panel, unless either We chassis trans- mission ransmission u In neutral with die parking make engaged, or the parking bmkc b engaged, the fire pump is engaged, and the chassis transmission is in pumping gear. (14) All loose equipment in the driving and crew areas is securely mounted in accordance with the currenumnd- ard. DA proper Msimenaon of Fin Apparalus. In addition to needed upgrades to older fire apparatus, it is imperative dint all fire apparatus be checked and maintained regularly to ensure that they will be reliable and We to use. The manufac• turer's insmmdons should always be followed when maintain. Ing die fire apparatus. Special auendon should be paid to ensure that the following condition, which are particularly critical to maintaining a reliable uni4 exist (1) Engine held, fuel lines, and filters have been replaced in accordance with die manufacturers' maintenance sch d. Welt). (2) fi-ices, brake lines, and wheel scab have been replaced or serviced in accordance with the manuGmumni main- temnmwitedule. (3) Tires and smpemion are In serviceable condition, and fres arc not more than 7 yeah old. (4) The radiator has been serviced in accordance with We manufacturer's maintenance schedule, and all cooling syssem hates are new or in serviceable condition. (5) The alternator output meet, it, rating. (6) A complete weight analysis shawl die Are appm-nus u not over Individual axle rating or total GVWR. (7) The fire pump menu or exceeds Its original pump -ting. (S) The, water mnk and baffles are not corroded or distor. ted. (9) If the apparatus Is equipped with an aerial device, a complete test o original specifications has been conduc- ted and certified by a cerdfhed mining laboratory. (10) If m equipped, the generator and Tine voimge accesso- rim have been tested and meet die curvent s-ndai d. D5 Refurbishing or Replacing Fee Apparatus. Fre deport- ment administrators and fare chiefs should exerise special care when evaluating the cost or refurbishing or updating an apps• rates versus the cost of a new fire apps -tar. Apparatus that are refurbished should comply with the requirements or NFPA 191.1. A thorough con -benefit analysis of the aloe of ahpgtading or refurbbhing a fire apparatus should be conduc- ted. In many immnces, it will be round that refurbishing costs will greatly exceed the current ovine orsmilar apparatus. Some (axion to consider and evaloae when determining whether in refurbish or replace a fire apparatus Include the following: (1) What is the we condition of rhe existing apparatus? flan It been in a major accident, or hat something else happened to it that would make spending significant money on it ill advised? (2) What advancements in design, safety, and mchnology have improved the efficiency and safety of personnel? (3) Don the current apparatus meet the program needs of die area it it serving? Is It designed for the way die fire department operates today and is expected to operate in do, foreseeable future, or is the apparatus functionally obsolete? Can it arty everything that is needed in do the Job without being overloaded? (4) If the apparatus is refurbished, will it provide the level or safcry and operational capability of a new fire apparatus? It should be kept in mind that in many cases, refurbishing does not mean increasing die GVWR so it Is not possible to add a larger water conk or additional foam agent tanks or to carry massive amounts of additional equipment. Enclosing personnel riding arm might add enough weight to the chassis that existing equipment load, need to be reduced to avoid overloading the chassis. (5) What is the anticipated cost per year in operate the apps man if it were refurbished? What would the cost per year be for a new nppanum? Insurance emu, downtime earn, maintenance emu, depredation, reliability, and die safety of the uses and die public all have to be considered. At what rate are those tofu ruing each year? Are pars still readily available fur all the components on the apparatus? A refurbished 15-ymohd apparatus silly hos 15yeahrold pars in It. How long could the fire department operate without the apparatus If it suddenly needed major repairs? (6) Is there a current tmdoin value dint rvill be gone mmoo row? Most apparatus over 12 years old have little tmdirm value. Are Imre creative financing plans or leasing option, that can provide a new fire apparatus for little more tun the cast of refr-b6hing or maintaining an olderapparatus? D.6 Conclusion. A fire apparatus is an emergency vehicle that most be relied on ro transport fire fights rafcly to and from an incident and to operate reliably mid properly to suppon the mission of the fire department. A piece of flirt apparatus that breaks dawn at any rime during an emergency opcmdon not only compromises die success of die operation but mighijeop• ar 'size the safety of the fire fighter relying on dint apparatus to support their rale in the uperiumn. An old, womout. or poorly maintained fire apparatus Ina no role in providing emergency services to a community. Annex E History of NFFA 1901 fie nova is soy a part of tar myovemmn of this NFPA document AW u mchuled furinfmmnnannf p usams.4. EI Hhou ry of Speclficat u . A report of the NFFA Committee on Fire Engines adopted at the 1906 Ni Annual Meering included many of the provisions and test procedures since followed in standards for fire department pumping apparatus. In 1911, at die convention of the International Association of Fre Engineers, the Committee of Exhibits conducted Nfli Edea+ Assembly Granting Permission To Bayside Fire Department To D... Page 137 of 157 AGENDA ITEM #13.D.1. Assembly Granting Permission To Bayside Fire Department To D... 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Assembly Granting Permission To Bayside Fire Department To D... Page 143 of 157 4-+ N Ln M _w .Ln O N � CL 4-j C:U U ca n (L) L- O0 4-J Ln 0- x Q. N O N O 4-J O N _0 (I � Ln 0 NO E cy" w N Q LV N W Ln p N Q) 4-J � -0p . _ r r -I r -I Lfi -0 F- (1) v N Ca c6 -0 - -0 — Z5 N ON Z3 Ln -73 Assembly Granting Permission To Bayside Fire Department To D... Page 143 of 157 AGENDA ITEM #13.D.1. Assembly Granting Permission To Bayside Fire Department To D... Page 144 of 157 a -j O � N O O i E .� N v O QU O N N 4-j _ O O C- p Q) v E o 4-J a O 4-J N cLn W M Q O E O N Uto .� N m •— CL f6 X U Assembly Granting Permission To Bayside Fire Department To D... Page 144 of 157 AGENDA ITEM #1 B.A. I. FIRE PROTECTION AREA NO.] BOARD REGULAR MEETING May 10, 2016 6:00 p.m. BAYSIDE FIRE HALL JUL 14 2016 1. CALL TO ORDER/PLEDGE OF ALLIEGENCE CHAIR ARNDT called the regular meeting to order at 6:00 PM 2. ROLL CALL Board Members present were Chair Scott Arndt, Paul Van Dyke and Jeff Halcomb. Also present were Chief Howard Rue and Secretary Jenny Clay. Richard Carstens and Rebecca Nelson were absent. 3. ACCEPTANCE/APPROVAL OF AGENDA HALCOMB moved to accept and approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF MINUTES HALCOMB moved to approve the regular meeting of April 5, 2016 VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5. ACKNOWLEDGE RECEIPT OF THE FINANCIAL REPORT a) Budget Performance Report VAN DYKE moved to acknowledge receipt of the Financial Report. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. VISITOR COMMENTS None. 7. CHIEF REPORT Chief Rue expressed appreciation for the officers and firemen. The following officers were promoted and swom in by Kodiak Island Borough Clerk, Nova Javier: Mike Dolph and Richard Carstens, both absent, were to be sworn in as Captains. Mike Dolph represents KARES and was their liaison to the Fire Department. Richard Carstens, Incident Safety Officer, oversees training safety operations as well as Fire Ground Operations. Acting Chief Doug Mathers held the department together for almost two years when it was in turmoil. Chief Rue promoted Doug Mathers as Deputy Chief. Andrew DeVries promoted to Captain. He leads the training for the department. Chief Rue introduced Noah Hill as Captain and Chief Engineer for the Fire Department. Bruce McNeal to be Assistant Chief has supported Chief Rue and assisted him in organizing and administrative duties of the department. Chief Rue presented a plaque to Deputy Chief Doug Mathers for Firefighter of the Year for his extraordinary efforts for the department while being Acting Chief. Fire Protection Area No. I Board Regular Meeting May 10, 2016 Page I of 3 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 145 of 157 AGENDA ITEM #18.A.1. Chair Arndt recessed the meeting for cake at 6:20 PM Chair Arndt reconvened the meeting at 6:39PM and will continue with the chiefs Report Chief Rue reported on Fire and EMS calls via a power point presentation to the Board. He applauds the volunteers and the leadership they are providing. He presented an organizational (...... ehart showing -the hierarchy of the Department. OSHA inspection in October 2015 resulted in 23 fines for deficiencies in the Fire Department. This resulted in a fine of $8,550. A formal letter was sent to OSHA and corrections were addressed. The result was a 20% reduction in the fine making it $6,840. Also in October 2015 ISO inspection occurred in which we received a 5/5Y rating. A plan was given to ISO and the Department was able to retain their previous rating of 4/4Y. A new review will occur in the fall of 2016. They now have 25 members of the Bayside Fire Department. He would like to put together a committee to explore the possibility of trading in the Squad 10 for another Engine. The Squad was not as useful as a Fire Engine would be. 8. CHAIRPERSONS REPORT None. 9. NEW BUSINESS a) Signs for Garage Door Chief Rue received two quotes for the decal sign for the garage door. VAN DYKE MOVED to purchase four (4) signs as quoted here from Brandy's Signs in the amount of $1,585. ROLL CALL VOTE ON MOTION CARRIED 3 TO 0. c) Tires for Green Chev Step Van Chair Arndt received several quotes for the tires. VAN DYKE MOVED to purchase six (6) Hankook Dynapro AT -M tires from Rhino Enterprises for $1,440. ROLL CALL VOTE ON MOTION CARRIED 3 TO 0. d) Washer and Dryer for Apartment Chair Arndt received two quotes for the washer and dryers. HALCOMB MOVED to purchase from Spenard Builders Supply for $1,400 a washer and dryer as proposed. ROLL CALL VOTE ON MOTION CARRIED 3 TO 0. e) Window Installation for Apartment Fire Protection Area No. I Board Regular Meeting May 10, 2016 Page 2 of 3 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 146 of 157 AGENDA ITEM #18.A.1. Chair Amdt recalled previous work on the apartment was NTE $20,000 on [lie labor. It came to $18,800. There was not enough money to install the windows and siding. He was recommending NTE $6,000 to complete the windows. HALCOMB MOVED to approve the NTE $6,000 increase for window insulation. ROLL CALL VOTE ON MOTION CARRIED 3 TO 0. 10. VISITOR COMMENTS None. 11. BOARD MEMBERS COMMENTS P. Van Dyke — He was proud of the Chief, volunteers and their accomplishments in the last six (6) months. He was excited for the future of the department. He thanked the City of Kodiak and Women's Bay for coming tonight to show their support. He was thankful to the hiring committee for working together to bring the Chief to this Island. J. Halcomb — He agrees that the cooperation between the City of Kodiak and Bayside with the training program was phenomenal to see it going in that direction. He likes the team cooperation. He'd like to see the other departments in the Borough get on board with an island wide fire safety programs. The Chief and volunteers did a great job. He was in awe of your promotions and couldn't have done a betterjob. The guys that were selected are great people. He appreciated their hard work and commitment which was all volunteer work. S. Amdt — He and the Chief enjoy working together along with the volunteers. It reminds him of the good old days when Bayside Fire first started. 12. NEXT MEETING SCHEDULE Next Regular Meeting will be the call of Chair Amdt. 13. ADJOURNMENT HALCOMB moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 7:07 PM. BMI7TED BY 46y Clay, B and Secrete KIB Engineering/Facilities Department AP ROV B �A_ Chair Scott Arndt Fire Protection Area No. I Board Regular Meeting Date: '7/1,5 1 1(0 Date: -7--/3 —20/s4' ate:7—/3-20/6 May 10, 2016 Page 3 of 3 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 147 of 157 FIRE PROTECTION AREA NO.1 BOARD REGULAR MEETING July 12, 2016 6:00 p.m. BAYSIDE FIRE HALL 1. CALL TO ORDER/PLEDGE OF ALLIEGENCE CHAIR ARNDT called the regular meeting to order at 6:14 PM AGENDA ITEM #18.A.1. 2. ROLL CALL Board Members present were Chair Scott Arndt, Paul Van Dyke, Jeff Halcomb, Richard Carstens and Rebecca Nelson. Also present were Chief Howard Rue and Secretary Jenny Clay. 3. ACCEPTANCE/APPROVAL OF AGENDA HALCOMB moved to accept and approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF MINUTES HALCOMB moved to approve the regular meeting of May 10, 2016 VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5. ACKNOWLEDGE RECEIPT OF THE FINANCIAL REPORT a) Budget Performance Report Chair Arndt noted that we have started a new year on July I". The budget was predicated on property taxes which were estimated at $575,000. The tax roll§ were certified for $563,000. HALCOMB moved to acknowledge receipt of the Financial Report. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. VISITOR COMMENTS Jason Waggoner, a Bayside Volunteer, spoke in favor of Chief Rue's replacement of Squad 10. He encouraged the board to support the Chief in replacing Squad 10 with equipment that would be more readily used. Gabriel Moes, a Bayside Volunteer, commented to the board that based on changes the Chief made so far shows he was creating a more responsible Ere station. He stands behind his plan to trade in Squad 10 and replace with an Engine. 7. CHIEF REPORT Chief Rue updated the board with a power point on May and June 2016 monthly reports. Engine 10 light which has been out of service since 2012 was repaired by Curt Law of Aksala for a minimal fee. Fire Protection Area No. I Board Regular Meeting July 12, 2016 Page I of 5 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 148 of 157 AGENDA ITEM #18.A.1. A. CHAIRPERSONS REPORT None. c' NEW BUSIINES� A,,.'.;,gjN.Quy, tes'for ving from Fire Dept. Bays to Rezanof Chair Amdt presented a quote from Brechan Construction for $59,700 as a sole source provider for asphalt paving. He also submitted a picture of the paving area which was from Bayside Fire Department Bays to Rezanof Drive for review. He requested a $5,000 contingency in case of an unexpected expense. Board discussion ensued. Board decided to move on with the remainder or the agenda and resume this discussion at the end. b) Update on Shelving and Windows for Apartment Chair Arndt stated the windows are paid for and here. He needs to find someone to install them. He planned a trip to Seattle and will try and get some pricing on shelving. Van Dyke had concerns about prior purchasing for the apartment and whether it met with Kodiak Island Borough Code. c) Update on Air Compressor Chair Arndt confirmed that the Air Compressor was in the budget for this fiscal year. He had no quotes as this but will be coming before the board within the next 90 days. This was a compressed air system for hooking up the vehicles, hoses and tools. d) Update on Bruce McNeil's Tool Box purchase Chair Arndt will check with NAPA Auto Parts as they were trying to bring it to Kodiak with a larger order of tool boxes to save on shipping charges. e) Update on purchase of Boat Trailer Chief Rue requested to withdraw this request as the boat and motor has been stored safely. I) Maintenance on Burn Building -Roof Repair and Painting Chair Arndt believed a reconstruction of the Burn Building roof was needed due to water damage. Chief Rue along with Deputy Warner has written a fire plan for the use of the Bum Building. The building was in the process of being improved, cleaned and only compliant materials burned. Chief Mulligan with the City of Kodiak will start using the building with a safety officer on site. Billy Ecret, a certified fire trainer and Chief Rue also planned on acquiring this training would be on site. One of the improvements would be painting the building. Chief Rue would like to see it completed with a paint sprayer instead of by brush. He would like to see this building last. g) I am Responding Contract Chief Rue informed the board on the uses of the "1 am Responding Contract" software. It has a tracking system that tells who will respond to the station call. Hydrants, training, drill tracking, Fire Protection Arca No. I Board Regular Meeting July 12, 2016 Page 2 of 5 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 149 of 157 AGENDA ITEM #18.A.1. reporting and calls are just some of its features. This software would replace the Fire Program they currently have. The cost of the five (5) year plan was $5,000 which was cheaper than the yearly rate. Board discussion ensued. It) Disposition of Squad 10 Chief Rue addressed the board regarding Squad 10 not responding to many calls as it has no pump or water. He made contact with Brimley Fire Equipment in Huntsville, Alabama who works in conjunction with Hughes Fire regarding used fire equipment. Brimley offered a (2002) - 3,000 gallon 6 man cab Tanker in Fairbanks Alaska with 80,000 miles, plus $15,000. The Tanker would be available January 2017. Chief Rue laid out a vehicle plan for the board through the year 2070. He asked the board for their consideration on the used vehicle offer. Board discussion ensued. VAN DYKE MOVED to authorize the Chief to proceed with the disposal of Squad 10 and present us with options with cash or possible exchange of equipment to be named at a later time. VAN DYKE AMENDED MOTION to authorize the Chief to investigate disposal of Squad 10. ROLL CALL VOTE ON AMENDED MOTION CARRIED 5 TO 0. ROLL CALL VOTE ON ORIGINAL MOTION AS AMENDED CARRIED 5 TO 0. I) Options for Apparatus Evaluation Chief Rue stated that they are not allowed to rebuild or touch Tender 10 or Engine I I because of liability issues of it being over 30 years old. Those two vehicles need to be side lined. They have fallen behind in replacing equipment. They need to get something used to get them though right now. The need to reevaluate is urgent. 10. VISITOR COMMENTS Curt Law spoke that he was a member of the fire department not a fire fighter. Being a communicator he was very observant. He noticed over the years that we had Women's Bay Fire and Bayside Fire running engines and tenders as well as a civilian who offered a tanker to constantly get water to put out a hazmat fire. They were barely able to do that. A 3,000 gallon Tanker with a pump would be a good thing to get. You need to look at the equipment that you have and that small amount of water lasts about 20 or 30 minutes. You need a good supply truck. He has witnessed the water issue out at Women's Bay Fre and now is a firm believer in purchasing the largest tanker possible. The Chief has a good thing going here. He would hate to see it derailed especially with owning thirty year old equipment. The NFPA regulations could change and those vehicles will be sidelined. Mike Dolph expressed that he was very interested in the discussions. He has been around long time and knows what kind of response Bayside goes on. They have a 30 year old engine that only carries 2 people and a tanker that only carries 2 people. He has listened to the Chiefs proposal of getting a TankeJfender with a full crew cab and a mid -shift pump. That will have Fire Protection Area No. I Board Regular Meeting July 12, 2016 Page 3 of 5 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 150 of 157 AGENDA ITEM #18.A.1. many possibilities for the department. You can count on one hand how many times the squad has been used. Even though it would get the fire fighters there it would not have additional pumping capacity. He supports the Chief and his ideas. He has a very sound plan on how to get apparatus rotation and give us the best bang for our buck. Keith — In the year he has been here they have used squad 10 once to transport 2 people. He would appreciate it more to have a Tender so they could learn how to use them. We need something in decent condition. I hope we can make a decision to pursue this at the next meeting. a) Quotes for Paving from Fire Dept. Bays to Rezanof resumed discussion. Chair Arndt asked the wishes of the board regarding the paving. Board Discussion Ensued. CARSTENS MOVED ahead with the paving project for this year with Brechan Construction for $59,700. ROLL CALL VOTE ON MOTION CARRIED 3 TO 2. 11. BOARD MEMBERS COMMENTS H. Rue — He asked for direction on what the board wanted him to do and what was expected of him. He asked for clarification of what the board wanted him to present in order for him to get the Fre department up and going. The used Tanker was a stop gap measure to get us through to where we save up to get a new tender/tanker. P. Van Dyke — He thanked Curt for fixing the light on engine 10. He thanked all the volunteers, who stepped up, supported the Chief and who served our community. He supports paving but had a problem with the wording. He is a strict when it comes to policy on purchasing. He thinks the board made some creative allowances in the past on how they operate from a policy standpoint. They have deviated from Borough Code when it comes to purchasing. He would like this board to give the Chief clear direction on purchasing to move forward. If there was a concern about spending limits or purchasing allowances or how things are brought forward, they need to be addressed. We need to authorize and expect the Chief to purchase equipment. We can trust him to run the station. We need to give him clear direction. R. Nelson — She thinks asphalting was a nicety but not a necessity based on the apparatus discussed. The chief solved a problem of equipment no longer useful with a piece of equipment that was more beneficial in many ways. She was frustrated with the politics and delay tactics that can be used. She agreed with Paul Van Dyke on following the Borough Code process. I believe in having a meeting as soon as possible. I think getting answers to some of the questions can be answered by the Chief sooner than later. I am looking forward to having this issue resolved. R. Carstens — The asphalt project remains integral to the maintenance and safety of this facility. I think we should allow the Chief to make decisions that he thinks will be best for the Fre Fire Protection Area No. I Board Regular Meeting July I2, ?016 Page 4 of 5 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 151 of 157 AGENDA ITEM #18.A.1. Department. That was why we hired him. He was in full support of Chief Rue and will do whatever he can as a board member to support him. J. Halcomb — He agreed with the replacement plan and how to replace the apparatus. He believed the problem begins with not knowing the Borough code process for trading a Borough asset. It was the short notice and surprise that concerned him as he wanted to do the right thing with taxpayer money. He was also concerned about the high mileage, severe Alaskan environment apparatus coming without some inspections. He would like a draft contract so they know who pays for shipping, when the inspections are going to be done and what the deliverables are. He would like to know total expenditures. He fully supports the Chief in what he was doing. They also have an apparatus in the budget to be purchased in the spring. That would make two tanker/tenders with a similar package going. Maybe the next vehicle should be an engine to replace the old one we have. S. Arndt — He has worked on the installation of the standby generator for the fire station with Matt Gandel from the Borough Projects Department along with contractors Local Electric and Aim Maintenance. His concern on the used tanker out of Fairbanks was the age. He was not enthused about buying a fifteen year old piece of equipment. He would entertain something newer. Some of our equipment was over the thirty year mark but we don't know what the NFPA guidelines will do. 12. NEXT MEETING SCHEDULE Next Regular Meeting will be July 19, 2016 at 6:00 PM. 13. ADJOURNMENT HALCOMB moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 8:25 PM. S BMI717 BY* Jenny Clay, Woard Secret KIB Engineering/Facilities Department AP`OV B� i Chair Scott Arndt Fre ProwTtion Area No. I Board Regular Meeting Date: f Date: J4 /u /V July 12, 2016 Page 5 or Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 152 of 157 AGENDA ITEM #18.A.1. SOLID WASTE ADVISORY BOARD Jul - „r REGULAR MEETING MINUTES JUNE 6,2016@ 5:15 PM Kodiak Fisheries Research Center 1. Call to Order Chair Szabo called to order the Regular Meeting of the Solid Waste Advisory Board at 5:15 p.m. on June 6, 2016 at the Kodiak Fisheries Research Center. 2. Roll Call J. Clay conducted a roll call and a quorum was established. The following members present were Chair Nick Szabo, Scott Arndt, Jeff Stewart, Steven Neff and Jennifer Culbertson. Nathan Svoboda joined the meeting at 5:20 PM. Also present was Non -Voting Ex -Officio KIB Staff Bob Tucker, Director of Engineering and Facilities and Mike Shrewsbury of Alaska Waste. 3. Approval of Aeenda ARNDT moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 4. Approval of Minutes ARNDT moved to approve the minutes of May 9, 2016 and May 23, 2016. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. S. Visitor Comments None. 6. DISCUSSION/ACTION ITEMS: A. Elements of Solid Waste Contract (discussed 2 d) The Board discussed the Request for Proposal. Below are some of the points discussed: • Map on Bear Areas • Bear Resistant Containers • Bear Safety protocols and bear education Solid Waste Advisory Board Regular Meeting June 6, 2016 Page 1 of 3 Fire Protection Area No. 1 Board Regular Meeting Minutes Of... Page 153 of 157 AGENDA ITEM #18.A.1. • Contractor Reporting • Roll cart sizes—Two sizes 32 gallon and 96 gallon • Bulky Items Pick up B. Time line for Solid Waste Contract (discussed 1") Bob Tucker informed the Board he has contacted Mr. Dan Piltzner to help him with the Solid Waste Contract. Mr. Piltzner previously helped write solid waste contracts for Anchorage among other Alaska Cities. The documents were forwarded to him for review and a quote for his services. This would help expedite the contract process. Arndt suggested advertising be extended from three (3) weeks to sixty (60) days. This would help a new contractor (local) to bid on the contract. The new award date suggested would change. Board discussion ensued. ARNDT moved to recommend to the Assembly that the existing waste collection contract be extended for twelve (12) months and that the proposed schedule be changed to: Close RFP would change from October 12 to November 21" and award of contract would be January 4'h 2017. STEWART moved to amend the motion to award of contract would be January 19", 2017. ROLL CALL VOTE ON AMENDED MOTION CARRIED 6 TO 0. ROLL CALL VOTE ON ORIGINAL MOTION AS AMENDED CARRIED 6 TO 0. 7. Visitor Comments: None. 8. Board Member Comments: Dennis Symmons — He enjoyed working with the SWAB Board. 9. Meeting Schedule: The next regular meeting was scheduled for June 20th at 5:15. 10. Adjournment ARNDT moved to adjourn meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 6:58 PM. Solid Waste Advisory Board Regular Meeting June 6, 2016 Page 2 of 3 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 154 of 157 SUBMITTED BY: =L -Liu- L f /l Je ny Clay, 5 retary KIB Engineering/Facilities Department APPROVED BY: Szabo, Chair Solid Waste Advisory Board Solid Waste Advisory Board Regular Meeting AGENDA ITEM #18.A.1. Date: fl/// /'u /b Date: June 6, 2016 Page 3 of 3 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 155 of 157 WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES AGENDA ITEM #18.A.1. ORIGINAL June 7, 2016 Date: June 7. 2016 Call to order: 7:03 pm Commissioners Present: Dave Heuman, Greg Egle, John Isadore, Bill Conrad Commissioners excused: Jessica Horn and George Lee Kevin Amdl, Contractor. No other people were present. Minutes approved and signed: Regular Meeting of May 3, 2016 Contractors Comments: • No work done in the past month period Chairman's Comments: • No Budget update nor list or Work Orders Outstanding at this time Unfinished Business: Fire Department • Emergency Shelter o Construction completed Dht 15 2016 • Turnout Replacement; pends next FY • Scott Pack Replacement: pends next FY Road Service • Asphalt Repairs • Gara Dr/Eskew lot drainage o G Lee to draft letter re: WBSAB obligation/response, then forward to the board for input before sending to KIB EF for review. New Business Fire Department • Bill Ecret to attend training in Seward, AK for Bum Trailer Certification, for run- ning the Bayside Fire Hall Facility. • Engineering for Emergency Generator to proceed. Road Service • Motion to purchase two Super Sacks of Dust Control Chemical (Calcium Chlo- ride) Unanimous approval. Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 156 of 157 WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES • New Work Orders o Asphalt pot hole patching c Pan Ck Park Asphalt failure test hole explore Board Member comments • DC: Chair must follow through on duties • A: put seal coat and crack seal on summer work orders • BE: BF Rd needs re -grading after Dust Control work AGENDA ITEM #18.A.1. June 7, 2016 • GE: Advisory signs needed on Mid. Bay Dr—Speeding a danger to pedestrians Next Regular Meeting July 12, 2016 7:00 PM at the W BFD Meeting adjour ed at 821 pm C14AIRPE ON WITNESS Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 157 of 157 Kodiak Island Borough Assembly Regular Meeting Guidelines August 4, 2016, 6:30 p.m., Borough Assembly Chambers PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE — Mayor Friend. 3. ROLL CALL KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse any Assembly Member Peterson who is absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES None. 6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 7. AWARDS AND PRESENTATIONS None. 8. COMMITTEE REPORTS Kodiak Island Borough Assembly Guidelines August 4, 2016 Page 1 9. PUBLIC HEARING A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Kodiak Island Borough Personnel Code Chapter 4 Hiring And Advancement Section 402 Job Vacancies And Section 405 Job Posting To Allow An Alternative For The Borough To Recruit New Applicants. Clerks Note: Attached on ® paper is a memo from the Personnel Advisory Board. Recommended motion: Move to adopt Ordinance No. FY2016-21 Staff Report — Manager Powers Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion. ROLL CALL VOTE ON MOTION. B. Ordinance No. FY2017-02 Authorizing The Submission Of An Advisory Question To The Qualified Voters Of The Borough At The October 4, 2016 Regular Borough Election To Determine Whether The Public Supports The Idea Of Consolidating The Kodiak Island Borough And The City Of Kodiak Into A Single Unit Of Government. Clerk's Note: Attached on — paper is a substituted version of the ordinance. Recommended motion: Move to adopt Ordinance No. FY2017-02. Staff Report — Manager Powers Recommended motion: Move to amend Ordinance No. FY2017-02 by substitution (Version 2). ROLL CALL VOTE ON MOTION TO AMEND. Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED. Kodiak Island Borough Assembly Guidelines August 4, 2016 Page 2 C. Ordinance No. FY2017-03 Submitting to the Qualified Voters on the October 4, 2016 Ballot in Each Area Affected by the Ordinance the Question of Altering the Boundary of Road Service Area No. 1 Clerk's Note: Attached on M paper is a substituted version of the ordinance. Recommended motion: Move to adopt Ordinance No. FY2017-03. Staff Report — Manager Powers Recommended motion: Move to amend Ordinance No. FY2017-03 by substitution (Version ). ROLL CALL VOTE ON MOTION TO AMEND. Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED. D. Ordinance No. FY2017-04 Submitting to the Qualified Voters the Question of Establishing the Otmeloi Way Streetlight Service Area to Provide Operation and Maintenance of Streetlights Along Otmeloi Way Clerk's Note: Attached on YELLOW paper is a substituted version of the ordinance. Recommended motion: Move to adopt Ordinance No. FY2017-04. Staff Report — Manager Powers Recommended motion: Move to amend Ordinance No. FY2017-04 by substitution (Version ). ROLL CALL VOTE ON MOTION TO AMEND. Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED. Kodiak Island Borough Assembly Guidelines August 4, 2016 Page 3 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2017-09 A Sole Source Agreement To Purchase 300,000 Spruce Tree Seedlings From Koncor Forest Products For A Spring 2017 Planting Season. Recommended motion: Move to approve KIB Contract No. FY2017-09 in the amount of $120,231.00 Staff Report — Manager Powers Assembly discussion. ROLL CALL VOTE ON MOTION B. Resolutions — None. C. Ordinances for Introduction — None. D. Other Items 1. Assembly Granting Permission To Bayside Fire Department To Dispose of Squad 10 And Sole Source An Acquisition Of A Used Piece Of Fire Apparatus. Recommended motion: Move to grant permission to Bayside Fire Department to dispose of a Squad 10 and sole source an acquisition of a used piece of fire apparatus. Assembly discussion. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking Kodiak Island Borough Assembly Guidelines August 4, 2016 Page 4 15. EXECUTIVE SESSION A. Chiniak Emergency Shelter Replacement - Insurance Negotiations Recommended motion: Move to convene into executive session to discuss the Chiniak Emergency Shelter insurance negotiations, a subject matter that the immediate public knowledge of which would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the Mayor, Assembly, Borough Manager, Construction Inspector/Engineer Dave Conrad, and Clerk's Office staff into executive session. ROLL CALL VOTE ON MOTION. After the vote, Mayor Friend recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Friend reconvenes the regular meeting and announces the action that will be taken as a result of the executive session B. Strategies In Negotiating The Hospital Lease Recommended motion: Move to convene into executive session to discuss strategies in negotiating the hospital lease, a subject matter that the immediate public knowledge of which would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the Mayor, Assembly, Borough Manager, and Clerk's Office staff into executive session. ROLL CALL VOTE ON MOTION. After the vote, Mayor Friend recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Friend reconvenes the regular meeting and announces the action that will be taken as a result of the executive session. Kodiak Island Borough Assembly Guidelines August 4, 2016 Page 5 C. Clerk's Performance Evaluation Recommended motion: Move to convene into executive session to discuss the Clerk's Performance Evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice a character or reputation of a person. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the Mayor and Assembly into executive session. ROLL CALL VOTE ON MOTION. After the vote, Mayor Friend recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Friend reconvenes the regular meeting and announces the action that will be taken as a result of the executive session. 16. ASSEMBLY MEMBERS' COMMENTS Announcements — Mayor Friend The next Assembly work session will be held on Thursday, August 11 at 6:30 p.m. in the Borough Conference Room which will be followed by a special meeting. The next Assembly regular meeting is scheduled for Thursday, August 18 at 6:30 p.m. in the Borough Assembly Chambers. 17. 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Z Q N ^ LJ \ C U W Y 3 7 0= N 0 A a� C ° E O p C 0 U U o ¢ Cl) U) Cl) LL j2c E> LL la- 0 Z N J TYU Z Cl. 0 o ^ a) w } W O 0 v> 3 i0 0U C O UiE L = = E 5 z¢ c LL o U Q a 0 00 Z C• W O 0 i � LLI % > LL O c W E ��j c Z a °' c U E 3 J mcn :: v Q ° � N 0 c Q a C, CL. - C, LO 0 V O_ N c a m c c 0 0 (D N X -0 O a o 0 E c aa3 d a) 0 v` E 0 o 0 c G3 o � N 0 d d L . a w N N 0 00 -o E a E O> y O n 0 a 'u .c - 0 o c .F o � E m o m cr 0 0-0 o N y D O O KODIAK ISLAND BOROUGH Regular Meeting Regular Meeting of: 0 (o Please PRINT your name Please PRINT your name /! (/J Z View our website at www.kodiakak.us. Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough At Its Regular Meeting Of July 21, 2016, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, August 18, 2016, At 6:30 P.M. in The Borough Assembly Chambers. ADOPTED Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Kodiak Island Borough Personnel Code Chapter 4 Hiring And Advancement Section 402 Job Vacancies And Section 405 Job Posting To Allow An Alternative For The Borough To Recruit New Applicants. AMENDED, ADOPTED Ordinance No. FY2017-02 Authorizing The Submission Of An Advisory Question To The Qualified Voters Of The Borough At The October 4, 2016 Regular Borough Election To Determine Whether The Public Supports The Idea Of Consolidating The Kodiak Island Borough And The City Of Kodiak Into A Single Unit Of Government. AMENDED, ADOPTED Ordinance No. FY2017-03 Submitting To The Qualified Voters On The October 4, 2016 Ballot In Each Area Affected By The Ordinance The Question Of Altering The Boundary Of Road Service Area No. 1 AMENDED, POSTPONED Ordinance No. FY2017-04 Submitting To The Qualified Voters The Question Of Establishing The Otmeloi Neighborhood Streetlight Service Area To Provide Operation And Maintenance Of Streetlights Along Otmeloi Way And A Portion Of Mallard Way To A Special Meeting On August 11, 2016.. POSTPONED Contract No. FY2017-09 A Sole Source Agreement To Purchase 300,000 Spruce Tree Seedlings From Koncor Forest Products For A Spring 2017 Planting Season To The Next Regular Meeting Of The Assembly. AMENDED, ADOPTED Assembly Granting Permission To Bayside Fire Department To Dispose Of Squad 10. CONVENED Into Executive Session To Discuss Chiniak Emergency Shelter Replacement Insurance Negotiations. INVITED the Mayor, Assembly, Borough Manager, Construction Inspector/Engineer Dave Conrad, and Clerk’s Office staff into executive session. DIRECTED Staff To Make Initial Contact With The Chiniak Community To Form A Tsunami Shelter Building Committee. CONVENED Into Executive Session To Discuss Strategies In Negotiating The Hospital Lease. INVITED the Mayor, Assembly, Borough Manager, and Clerk’s Office staff into executive session. No Action Was Taken As A Result Of This Executive Session. CONVENED Into Executive Session To Discuss Clerk's Performance Evaluation. INVITED the Mayor and Assembly into executive session. No Action Was Taken As A Result Of This Executive Session. Vol. FY2017, No. 3 August 5, 2016 Kodiak Island Borough Assembly Newsletter