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2016-07-21 Regular MeetingPage Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, July 21, 2016, 6:30 p.m., Assembly Chambers INVOCATION 2. PLEDGE OF ALLEGIANCE [c�li7�SH_li� 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non- controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. `APPROVAL OF MINUTES 4-19 A. *Regular Meeting Minutes of Regular Meeting Minutes of May 19, 2016 Regular Meeting Minutes of June 16, 2016 6. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 7. AWARDS AND PRESENTATIONS A. Employee of the Quarter B. Longevity Awards 20-21 C. Manager's Office Update to the Assembly eA MGR OFFICE REPORT July 21 2016 COMMITTEE 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/KodiakislandborouoLh@KodiakBorough @KodiakBorough www.kodiakak us 91 Page 1 of 94 9. PUBLIC HEARING 10, BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 22-40 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 13. NEW BUSINESS A. Contracts B. Resolutions C. Ordinances for Introduction 41 -75 C.1. 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. Ordinance No FY2017-02 Advisory Question - Pdf 2016-07-18 Council Letter to KIB Assembly 76-85 C.2. 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 SA1 Boundary Change Ordinance - Pdf 86-91 C.3. 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 Otmeloi Streetlight Area Documents - Pdf Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough@KodiakBorough www.kodiakak.us Page 2 of 94 D. Other Items 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 92-94 A.1. Parks and Recreation Committee regular meeting minutes of May 24, 2016. Meeting Minutes of Other Boards B. 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 kodiakak us 93 www.facebook.com/Kodiakislandborough © @KodiakBorough Page 3 of 94 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting May 19, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on May 19, 2016, in the Assembly Chambers of the Kodiak Island Borough building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major Richard Greene of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Dan Rohrer, Rebecca Skinner, and Dennis Symmons. Also present were Administrative Official Bob Pederson, Deputy Clerk Angela MacKenzie and Assistant Clerk Laurie Pardoe. CROW moved to excuse Assembly member Peterson who was absent due to personal leave VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA ROHRER moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular meeting minutes of March 17, 2016. These were approved under consent agenda. CITIZENS' COMMENTS Ted Nussbaum spoke in favor of agenda item 13.D.1. Owners Request for Review of a Planning and Zoning Commission Action Denying a Rezone of Lots 10 thru 13, Block 31, East Addition Subdivision. Dave Townsend spoke in favor of Ordinance No. FY2016-12. Denise May spoke in favor of Contract No. FY2016-28 and the inclusion of Larsen Bay within the scope of the project. Judith Clayton expressed appreciation of the Assembly's support of Contract No. FY2016-28 Playground Equipment Procurement project. AWARDS AND PRESENTATIONS Discover Kodiak Director Chastity McCarthy presented a program update and a 2017 fiscal year funding request. Fire Chief Howard Rue provided a brief update to the Assembly on the Bayside Fire Department. Kodiak Island Borough Assembly Regular Meeting Minutes May 19, 2016 Page 1 of 9 'Regular Meeting Minutes of Page 4 of 94 AGENDA ITEM #5.A. COMMITTEE REPORTS Assembly member Rohrer announced that Providence Hospital was conducting a Community Health Needs Assessment survey and encouraged people to participate by supplying feedback on services they provide. PUBLIC HEARING 1. Ordinance No. FY2017-01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2016 and Ending on the Thirtieth Day of June 2017 (Fiscal Year 2017 Budget). ROHRER moved to adopt Ordinance No. FY2017-01. This ordinance would budget for FY2017 Revenues and Expenditures for the General Fund, Special Revenue Funds, Debt Service Funds, and Enterprise Funds. This ordinance would set FY2017 mill rates and sets the tax rates for commercial aircraft. ROHRER moved to amend Ordinance No. FY2017-01 by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Crow, LeDoux, Rohrer, Skinner, and Symmons. Mayor Friend opened the public hearing. Denise May inquired if part of the tax revenue would be made available for projects benefiting villages and rural communities. Scott Arndt requested that the Assembly apply a half mill or at least a quarter mill reduction to the mill rate with perhaps another reduction for the following year. Mayor Friend closed the public hearing. ROHRER moved to postpone Ordinance No. FY2017-01 to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Rohrer, Skinner, Symmons, and Crow. BOROUGH MANAGER'S REPORT Administrative Official Pederson reported on the following: • The Chiniak timber contract and detailed plan of operations had been approved. • On Tuesday, May 17 the City of Kodiak thorough their contract with DOWL held a second public open house on their Near Island Development Plan. • Next Tuesday there would be a meeting held by the City of Kodiak and DOWL regarding the Downtown Pedestrian Connection Plan. Kodiak Island Borough Assembly Regular Meeting Minutes May 19, 2016 Page 2 of 9 *Regular Meeting Minutes of Page 5 of 94 AGENDA ITEM #5.A. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend reported on the following: • The new Borough Manger would be starting on Monday, May 23. He and his family would be do due to arrive to the island by ferry at 11 a.m. on Saturday, May 21. UNFINISHED BUSINESS 1. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code Title 15 Buildings and Construction Chapter 15.10 KIBC Building Codes to Add a Local Exception to Eliminate the Requirement for Engineering for Certain Residential Construction in the Borough. The motion before the Assembly was move to adopt Ordinance No. FY2016-12. This was postponed from the February 4, 2016 and May 5, 2016 regular meetings This ordinance was requested by Assembly member LeDoux which would amend Chapter 15.10 of the Kodiak Island Borough Code to add a local exception to eliminate the requirement for engineering for certain construction in the borough. Building Official Doug Mathers provided additional information which was provided in the packet regarding the Joint Building Code Review Board's discussion regarding this ordinance. LEDOUX moved to amend Ordinance No. FY2016-12 by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO ONE: Skinner, Symmons, Crow, and LeDoux (Ayes); Rohrer (No). CROW moved to postpone Ordinance No. FY2016-12 to allow staff to redraft language and submit it for the borough attorney's review. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Skinner, Symmons, Crow, LeDoux, and Rohrer. NEW BUSINESS Contracts 1. Contract No. FY2016-28 Playground Equipment Procurement. SKINNER moved to authorize the Manager to execute Contract No. FY2016-28 with Playcraft Direct, Inc, of Grants Pass, Oregon for Playground Equipment Procurement. One of the bond projects approved by voters in the 2014 election was replacement of playground equipment at the schools in Akhiok, Chiniak, Karluk, Old Harbor, Ouzinkie, and Port Lions. A primary goal for this project was to allow each community input into the selection of playground equipment for their school. With that goal in mind, a Request for Proposals (RFP) for an equipment supplier was issued on October 9, 2015 in accordance with Kodiak Island Borough Code (KIBC) 3.30.110 Competitive Sealed Proposals - Negotiated Procurement. Kodiak Island Borough Assembly Regular Meeting Minutes May 19, 2016 Page 3 of 9 'Regular Meeting Minutes of Page 6 of 94 AGENDA ITEM #5.A. Some of the pertinent portions of KIBC 3.30.110 included: • A. If the manager determines that use of competitive sealed bidding is not practicable, the borough may procure supplies, services, or construction by competitive sealed proposals. B. The manager shall solicit competitive sealed proposals by issuing a request for proposals. The request for proposals shall state, or incorporate by reference, all specifications and contractual terms and conditions to which a proposal must respond and shall state the factors to be considered in evaluating proposals and the relative importance of those factors. F. Awards shall be made by written notice to the responsible proponent whose final proposal is determined to be most advantageous to the Borough. The issued RFP stated "It is KIB's intent to work with the selected Supplier to design equipment packages that meet each schools needs and space as well as the project budget." In accordance with KIBC 3.30.110 the RFP detailed the evaluation and selection process that would be followed, including scoring criteria such as quality and durability of equipment, ability to meet delivery timelines, and overall quality of proposal. Proposers were asked to provide a cost estimate for a sample playground to use as a basis of comparison for cost among suppliers, but that sample playground cost was only one of the evaluating criteria. The Alaska Department of Education and Early Development provided review and approval of the RFP including the process of selecting a supplier based on qualifications. This project was eligible for 70% reimbursement by the State. Responses to the RFP were received on November 3, 2015. Nine proposals were received, and were scored by a committee of staff from the Engineering/Facilities Department and Kodiak Island Borough School District. The proposals were scored based on the criteria detailed in the RFP. The scores of the review committee were averaged to provide a ranking of all nine proposers. The top two proposers, Playcraft Direct and Playcraft Systems, received the same score. After contacting references and further evaluation by the Engineering/Facilities Director and the review committee, Playcraft Direct was selected as the top proposer. Award of this contract did not obligate the Borough to expend any funds. If the Assembly approved this contract, staff would work with Playcraft Direct to produce several equipment design options for each school. These options would be provided to the individual schools and villages so they could select what best suits their needs. This approach would allow staff to ensure that equipment selected was within the project budget. Once the equipment selections would be made, then staff would prepare a change order for the cost of the equipment. The total budget for equipment was approximately $250,000. Assuming the change order total was more than $200,000, it would be presented to the Assembly for approval in accordance with KIBC 3.30.100. Kodiak Island Borough Assembly Regular Meeting Minutes May 19, 2016 Page 4 of 9 *Regular Meeting Minutes of Page 7 of 94 AGENDA ITEM #5.A. Once the equipment was ordered Playcraft Direct would provide installation instructions for staff to compile a bid package for an installation contractor. This bid package was tentatively scheduled to be issued in late 2016, so the installation work could occur during summer 2017. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Rohrer, and Skinner. Resolutions 1. Resolution No. FY2016-34 Accepting the Recommendation of the Borough Lands Committee Recommending the Disposal of Certain Borough Lands as Surplus to the Public's Need and Authorizing Staff Action to Make the Recommended Parcels Ready to be Sold at a Future Land Sale. LEDOUX moved to adopt Resolution No. FY2016-34. The Kodiak Island Borough Lands Committee (BLC) had been meeting since December 16, 2015 to review all vacant borough lands with residential development potential. The focus of the committee was intended to address the perceived need for additional residential land within the community, particularly in the urban and suburban areas of the road system. The BLC adopted Resolution No. FY2016-01 with recommended parcels that it believed were suitable for disposal. The committee had targeted Fall 2016 for next land sale and it was imperative that staff efforts be taken immediately to make these parcels ready for sale if this time frame was to be achieved. Some parcels would need comprehensive plan amendments and zoning changes. Others would need survey and platting. Staff would endeavor to expedite the reviews to the greatest degree possible under the applicable codes. Several of the parcels identified and recommended by the BLC had already been approved for disposal by the assembly previously but then removed from prior land sales. The committee believed the need for residential land in the community was sufficient to overcome prior challenges to the disposal of these parcels. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Rohrer, Skinner, and Symmons. 2. Resolution No. FY2016-35 Approving a License Agreement for the Temporary Outdoor Storage of Displaced Mobile Homes. SKINNER moved to adopt Resolution No. FY2016-35. This Resolution was requested by Assembly member Crow to help the displaced residents and mobile home owners at Jacksons Mobile Home Park (JMHP). The residents of the JMHP had received eviction notices that they must move their homes by May 30, 2016. KIB Ordinance No. FY2016-03 permitted the temporary storage of mobile homes in the C - Conservation and PL -Public Use Land zoning districts if said mobile homes were displaced under AS34.03.225. Kodiak Island Borough Assembly Regular Meeting Minutes May 19, 2016 Page 5 of 9 *Regular Meeting Minutes of Page 8 of 94 AGENDA ITEM #5.A. Two KIB owned locations had been identified as suitable for temporary storage: one at the end of Selief Lane and one located at the Borough Landfill. This License agreement would approve for use, and the two locations/lands identified be provided in accordance with the license agreement. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: LeDoux, Skinner, Symmons, and Crow (Ayes); Rohrer (No). Ordinances for Introduction 1. Ordinance No. FY2016-20 Amending KIBC Title 12 Naming Buildings, Public Facilities, Streets and Sidewalks Chapter 12.10 Changes to Existing Street Names; and Title 15 Building and Construction Chapter 15.4 Building Numbering. Kodiak Island Borough addressing authority was introducing this ordinance in order to clarify addressing and street naming procedures. This item was approved under the consent agenda. Other Items 1. Owners Request for Review of a Planning and Zoning Commission Action Denying a Rezone of Lots 10 thru 13, Block 31, East Addition Subdivision FROM 132 -Two Family Residential TO 133 -Multifamily Residential (KIBC 17.205.0558) (P&Z Case No. 16-012). ROHRER moved to direct staff to prepare an ordinance for introduction for rezone at the next regular meeting of the Assembly. This review involved a request to rezone four lots from R2 -Two-family Residential to R3 - Multifamily Residential (P&Z Case No. 16-012). The four lots in question had been developed as two parcels since the late 1960's (Lots 10-11 as one parcel and Lots 12-13 as one parcel). Multi -family residences were established on both parcels and were legal nonconforming uses in R2 zoning, as both were constructed prior to June 5, 1980. Because each structure crossed the property line separating the two respective lots and those respective lots were under contiguous ownership and shared common right-of-way frontage, the two lots were considered to be undivided parcels for the purposes of zoning (per a Borough attorney legal memo from August 5, 1986). A rezone to R3 would extinguish the nonconforming use and potentially allow for expansion of the existing multi -family residences through the construction of additional dwelling units, provided all requirements of current zoning code could be satisfied. The rezone would also allow both structures to be reconstructed as multi -family residences should either structure ever be destroyed by fire or other means (prohibited as currently zoned). It is important to note that this rezone would not bind the applicants to the existing multi -family dwelling use. Once rezoned, any use permitted in R3 zoning might be established on either of the parcels. Kodiak Island Borough Assembly Regular Meeting Minutes May 19, 2016 Page 6 of 9 'Regular Meeting Minutes of Page 9 of 94 AGENDA ITEM #5.A. The timeline of this request is: • The applicants submitted their rezone request on February 1, 2016. • Staff recommended that the Planning and Zoning Commission approve the rezone request. • The Planning and Zoning Commission held a public hearing at their regular meeting on March 16, 2016. • A motion to approve the rezone failed on a 3-3 vote. • Pursuant to KIBC 17.205.055(B), the Planning and Zoning Commission's denial of a proposed rezone shall be final unless the initiating party requests that the Commission's action be taken up by the Assembly. • Such a consideration by the Assembly is not an appeal. • The applicant requested that this rezone denial be taken up by the Assembly by letter dated March 21, 2016. • On April 20, 2016 the Planning and Zoning Commission adopted findings of fact in support of their decision. Final minutes would be forwarded to the Assembly upon Planning and Zoning Commission approval. ROHRER moved to postpone Owners Request for Review of a Planning and Zoning Commission Action Denying a Rezone of Lots 10 thru 13, Block 31, East Addition Subdivision FROM R2 -Two Family Residential TO R3 -Multifamily Residential (KIBC 17.205.055B) (P&Z Case No. 16-012) to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Rohrer, Skinner, Symmons, Crow and LeDoux,. 2. Declaring a Seat on the Mission Lake "Tidegate" Service Area Board Vacant (Ms. Marian Johnson). ROHRER moved to accept, with regret, the resignation of Ms. Marian Johnson from the Mission Lake "Tidegate" Service Area Board and direct the Borough Clerk to advertise the vacancy per Borough code. Ms. Marian Johnson had served on the Mission Lake "Tidegate" Service Area Board since August of 2002. Ms. Johnson announced her resignation to clerk staff on May 10, 2016. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Crow, LeDoux, and Rohrer. CITIZENS' COMMENTS Judi Kidder responded to Assembly concerns mentioned in the discussion of Resolution No. FY2016-35 and discussed procedural due process and the role of the Planning and Zoning Commission. Jeff Stewart responded to Assembly discussion of Ordinance No. FY2016-12 with regard to various building and fire codes. Chastity McCarthy commented on Borough revenue from transient head tax, bed tax, and other benefits from tourism. Kodiak Island Borough Assembly Regular Meeting Minutes May 19, 2016 Page 7 of 9 *Regular Meeting Minutes of Page 10 of 94 AGENDA ITEM #5.A. Denise May thanked members of the Assembly for coming to the rural forum and thanked Mayor Friend for suggesting staff and Assembly travel to the rural communities. She cautioned the use of the term "urban" on maps and other publications as Kodiak is classified as "rural" for subsistence purposes. Brent Watkins cautioned the Assembly from having off -agenda discussions during meetings and congratulated the Assembly on the Borough land sale process. Dave Masinter asked for help with trailer disposals for residents of Jackson Mobile Home Park who were being processed for eviction. Scoff Arndt advised against storage of mobile homes on the lot at landfill, discussed potential liability for damage from rats, and cited an example of damage to equipment stored on adjacent property. ASSEMBLY MEMBERS'COMMENTS Assemby member LeDoux discussed the Rural Regional Leadership Forum and encouraged Assembly members to take the opportunity to visit the communities they individually represent. He requested that time be set aside at meetings for village representatives to make presentations to the Assembly. He congratulated the graduates and parents of the class of 2016 at the rural sites. He expressed appreciation for the discussion on building codes. He announced that he was looking forward to Crab Festival. Assembly member Symmons related his experience from a recent visit to Bayside Fire Station and announced that he was looking forward to the first meeting of the Marijuana Task Force. He thanked candidates for applying for the vacant seat on the Assembly. He expressed his desire to meet individual borough staff members. He discussed transparency and expressed appreciation for Brent Watkins' interjection during the meeting. Assembly member Rohrer expressed appreciation for Scott Amdfs comments about the landfill site and complimented Chief Rue for his hard work. He discussed cruise ship head tax issues in Southeast Alaska and asked that staff investigate those issues to ensure that Kodiak avoids making similar violations. He thanked those visiting from Port Lions for attending and announced that he would not be present the following week. Assembly member Skinner discussed ideas for a summary budget sheet. She clarified the required use of bed tax revenue as outlined by code and the necessity for an orderly way to make decisions for those public funds. Announcements — Mayor Friend Mayor Friend announced that the next Assembly work session would be held on Thursday, May 26 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting was scheduled for Thursday, June 2 at 6:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Regular Meeting Minutes May 19, 2016 Page 8 of 9 'Regular Meeting Minutes of Page 11 of 94 AGENDA ITEM #5.A. ADJOURNMENT SYMMONS moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Rohrer, and Skinner. The meeting was adjourned at 9:48 p.m. ATTEST: KODIAK ISLAND BOROUGH Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough May 19, 2016 Assembly Regular Meeting Minutes Page 9 of 9 *Regular Meeting Minutes of Page 12 of 94 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting June 16, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on June 16, 2016, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major Richard Greene of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Frank Peterson Jr., Dan Rohrer, Rebecca Skinner, Scott Smiley, and Dennis Symmons. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. APPROVAL OF AGENDA AND CONSENT AGENDA PETERSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular meeting minutes of April 7 and April 21, 2016 were approved under the consent agenda. CITIZENS' COMMENTS Discover Kodiak Director Chastity McCarthy expressed gratitude to the Assembly for its support. AWARDS AND PRESENTATIONS Mayor Friend presented a proclamation recognizing the courageous efforts of the FV Alaskan Crew, FV Norquist Crew, Icicle Seafoods Personnel, and the U.S. Coast Guard for protecting the well-being of others. COMMITTEE REPORTS Assembly member Rohrer attended the first Marijuana Task Force (MTF) regular meeting and provided a synopsis of what and when the group would be undertaking the tasks of cultivation, retail sales, testing, and manufacturing. The next meeting was scheduled for Tuesday, July 26, 2016. Assembly member Symmons attended the MTF meeting also and encouraged the public to attend and be a part of the process. Assembly member LeDoux announced the Borough Lands Committee had formed a Subcommittee that would be working on Title 18. He thanked Assembly member Skinner for presenting a letter to the North Pacific Fishery Management Council (NPFMC) from both municipalities on the Gulf of Alaska Trawl Bycatch (GOA Trawl Bycatch) issues. Assembly member Skinner provided a brief update on the NPFMC meetings in Kodiak this past week stating that both the City and Borough provided testimony regarding the GOA Trawl Bycatch issues. Commissioner Cotten noted comments made by both municipalities. The next Kodiak Island Borough Assembly Regular Meeting Minutes June 16, 2016 Page 1 of 7 *Regular Meeting Minutes of Page 13 of 94 AGENDA ITEM #5.A. Kodiak Fisheries Work Group meeting was scheduled for Wednesday, June 22 at 8:30 a.m. in the Borough Conference Room. PUBLIC HEARING A. Ordinance No. FY2016-01A Amending Ordinance No. FY2016-01, Fiscal Year 2016 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. LEDOUX moved to adopt Ordinance No. FY2016-01 A. This budget adjustment accounts for the following: • Move $93,000 from the Information Technology Department to the Community Development Department to account for moving of the GIS Analyst position from the IT Department to Community Development. • Add $4,479 to Trinity Island Paving Fund to cancel out negative fund balance. • Move incorrectly coded lease income from Land Sale Fund (Fund 210) to Women's Bay Road Service District (Fund 240). • Decrease transfers out from the Facilities Fund (Fund 276) by $196,546. • Add $62,818 from the sale of bonds to the Debt Service Fund (Fund 300). • Approve spending $100,000 from Womens Bay Fire Department for Womens Bay Emergency Center construction. • Add $10,566 to the Oil Spill Disaster Fund (Fund 270) to cover expenses that were not reimbursed. • Move $25,455 from Debt Service (Fund 300-300) to Karluk Clean Water Loan Debt Service (Fund 300-307) paying off that loan early. • Transfer $379,580 from Capital Projects -Borough (Fund 410) to Capital Projects -School (Fund 420). • Combine Old Harbor Emergency Generator and Karluk Emergency Generator Projects into one Emergency Generator Project in Capital Projects (Fund 450). • Return a total of $272,409 to State of Alaska for KHS Swimming Pool Project. $52,392 from Renewal and Replacement Projects Fund (Fund 469) and $220,017 from Capital Projects -School (Fund 420). • Transfer $69,553 from Debt Service (Fund 300) to Capital Projects -School (Fund 420) to account for less revenue received than originally budgeted for. • Reclassify $2,842,548 of loans in Capital Projects -Solid Waste (Fund 490) as revenue. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Skinner, Smiley, and Symmons. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • The Community Foundation expressed interest in disseminating nonprofit funds on behalf of the Borough in the future and for this year it was suggested the assembly form a subcommittee to work with the foundation • Issues with trespassing near the landfill, signage would be posted soon • Staff had been working on action plans as a result of the strategic plan, hoped to have a draft to the Assembly soon Kodiak Island Borough Assembly Regular Meeting Minutes June 16, 2016 Page 2 of 7 'Regular Meeting Minutes of Page 14 of 94 AGENDA ITEM #5.A. • Staff had been working on training and processes to ensure compliance with OSHA • Staff was making progress with the hospital lease and would be meeting again next week MESSAGES FROM THE BOROUGH MAYOR Mayor Friend thanked Assembly member Skinner and others for covering for him at various meetings and commitments. UNFINISHED BUSINESS A. Resolution No. FY2017-02 Reestablishing The Fees For The Kodiak Island Borough. The motion on the Floor was to adopt Resolution No. FY2017-02. KIBC 3.10.190 ordains that all Kodiak Island Borough fees be reviewed on an annual basis. The last fee resolution was reviewed and adopted in June 2015. These fee changes were more in line with the budgetary needs for the 2017 fiscal year. Clerk's note: An amendment was proposed to the Resolution by Assembly member LeDoux regarding the reduction of fees for Owner-Builder/New Residence Construction Fees to $150 at the June 2ntl regular meeting. ROHRER moved to amend Resolution No. FY2017-02 by substitution. LEDOUX moved to amend the amendment by maintaining the 500 lbs. daily dump weight for Construction/Demolition Debris and household waste. ROLL CALL VOTE ON MOTION TO AMEND THE AMENDMENT CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Smiley, Symmons, and Crow. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Smiley, Symmons, and Crow. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Smiley, Symmons, Crow, and LeDoux. NEW BUSINESS Contracts 1. Contract No. FY2017-03 Discover Kodiak Destination Marketing And Tourism Development Services For FY2017 LEDOUX moved to authorize the Manager to execute Contract No. FY2017-03 with Discover Kodiak for Destination Marketing and Tourism Development Services for fiscal year 2017 in the amount of $95,000. Discover Kodiak had been providing destination marketing and tourism development for the City of Kodiak and Kodiak Island Borough for several years through its Marketing Committee. The contract would renew the Borough's relationship with Discover Kodiak for the 2017 fiscal year with funding from the Borough's bed tax revenue. Discover Kodiak Board of Directors and members respectfully requested an increase of $10,000 for a total request of $95,000 for FY2017. Kodiak Island Borough Assembly Regular Meeting Minutes June 16, 2016 Page 3 of 7 'Regular Meeting Minutes of Page 15 of 94 AGENDA ITEM #5.A. The duties to be accomplished by the contractor were described in the contract. SKINNER moved to amend Contract No. FY2017-03 with Discover Kodiak for Destination Marketing and Tourism Development Services for fiscal year 2017 in the amount of $75,000. ROLL CALL VOTE ON MOTION TO AMEND FAILED FOUR TO THREE: Rohrer, Smiley, LeDoux, and Peterson (Noes); Skinner, Symmons, and Crow (Ayes). ROHRER moved to amend Contract No. FY2017-03 Section 4. COMPENSATION. As compensation for all services rendered under this agreement, contractor shall be paid $95,000.00 by the Kodiak Island Borough and funds shall be used for the following: . $78,000 for Tourism Development . $12,000 for Rural Tourism Summit . $5,000 for the Adventure Travel Trade Association Pre -Summits Said compensation shall be paid in equal installments of $23,750.00 on the second Friday of July and October 2016, and January and April 2017. Note: Fiscal Impact — Account sources $78,000 for Tourism Development—Account reflected in the agenda statement $12,000 for Rural Tourism Summit - -Village tourism development fund $5,000 for the Adventure Travel Trade Association Pre -Summits —Contingency Fund ROLL CALL VOTE ON MOTION TO AMEND CARRIED SIX TO ONE: Skinner, Smiley, Crow, LeDoux, Peterson, and Rohrer (Ayes); Symmons (Noes). ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FIVE TO TWO: Smiley, Crow, LeDoux, Peterson, and Rohrer, (Ayes); Symmons and Skinner (Noes). Mayor Friend recessed the regular meeting at 7:44 p.m. Mayor Friend reconvened the regular meeting at 7:47 p.m. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of An ±18.24 Acre Portion Of Lot 2, U.S. Survey 1673 From Commercial/Business To Industrial/Light Industrial (P7Z Case No. 16-017). ROHRER moved to adopt Ordinance No. FY2016-23 in first reading to advance to public hearing at the next regular meeting of the Assembly. This request was to amend the 2008 Comprehensive Plan Future Land Use Designation of the site (Green Mountain Pit) from Commercial/Business to Industrial/Light Industrial (P&Z Case No. 16-017). A Comprehensive Plan amendment was a necessary prerequisite to rezone the subject lot from B -Business to I -Industrial. If the Future Land Use Designation was changed to Industrial/Light Industrial, the subsequent rezone request would be consistent with the adopted Comprehensive Plan. Kodiak Island Borough Assembly Regular Meeting Minutes June 16, 2016 Page 4 of 7 'Regular Meeting Minutes of Page 16 of 94 AGENDA ITEM #5.A. Should the Comprehensive Plan be amended and a subsequent rezone approved, the owners could then seek permits to establish any permitted or conditional use allowed by the new zoning. The Planning and Zoning Commission held a public hearing on the amendment request at their May 18, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Simmons, Crow, LeDoux, Peterson, Roherer, Skinner and Smiley. 2. Ordinance No. FY2016-25 Rezoning an t 18.24 Acre Portion of Lot 2, U.S. Survey 1673 From B -Business District to I -Industrial District. PETERSON moved to adopt Ordinance No. FY2016-25 in first reading to advance to public hearing at the next regular meeting of the Assembly. The rezone request followed a request to amend the 2008 Comprehensive Plan, changing the Future Land Use Designation of the site (Green Mountain Pit) from Commercial/Business to Industrial/Light Industrial (KIB Ordinance No. FY2016-23). Upon finalization of Ordinance No. FY2016-23, the rezone to I -Industrial would be consistent with the adopted Comprehensive Plan. Should the rezone be approved, the owners could then seek permits to establish any permitted or conditional use allowed in the I -Industrial zoning district. The Planning and Zoning Commission held a public hearing on the amendment request at their May 18, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Skinner, Smiley, and Symmons. 3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lots 1A Through 22A Seaview Subdivision, U.S. Survey 2539 Old Shipyard-Womens Bay Parcels A And B, And Lash Dock Tideland Lease From Conservation To Industrial/Light Industrial. CROW moved to adopt Ordinance No. FY2016-24 in first reading to advance to public hearing at the next regular meeting of the Assembly. The request was made by the Kodiak Island Borough Community Development Department to correct a mapping error in the 2008 Comprehensive Plan. The parcels had a Future Land Use Designation of Conservation in the plan. Prior to adoption of the 2008 Comprehensive Plan, the future land use of the area was designated Industrial, per Ordinance No. 81-8-0. The area was zoned I -Industrial by Ordinance No. 81-9-0. Staff believed that the identification of these parcels as having a Future Land Use Designation of Conservation was an administrative oversight, and that amending the adopted 2008 Comprehensive Plan maps was necessary. Kodiak Island Borough Assembly Regular Meeting Minutes June 16, 2016 Page 5 of 7 `Regular Meeting Minutes of Page 17 of 94 AGENDA ITEM #5.A. The Planning and Zoning Commission held a public hearing on the amendment request at their March 16, 2016 regular meeting. The Commission voted five to one to recommend that the Assembly approve the amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Smiley, Symmons, and Crow. 4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, East Addition Subdivision From R2 -Two Family Residential To R3 -Multifamily Residential (P&Z Case No. 16-012). LEDOUX moved to adopt Ordinance No. FY2016-26 in first reading to advance to public hearing at the next regular meeting of the Assembly. At the March 16, 2016 Planning and Zoning Commission regular meeting, the Commission held a public hearing on the request to rezone four lots from R2-Two4amily Residential to R3 - Multifamily Residential (P&Z Case No. 16-012). Following the public hearing, a motion to recommend that the Borough Assembly approve the rezone failed on a three to three vote. Findings of fact in support of the denial were adopted by the Commission at their April 20, 2016 regular meeting. Pursuant to KIBC 17.205.055.B, the initiating party filed a written statement with the Clerk's office requesting that the Commission's action be taken up by the Borough Assembly. At the June 2, 2016 Borough Assembly regular meeting, the Assembly reviewed the request and approved a motion to direct staff to prepare a rezone ordinance for introduction at the next regular meeting. Staff prepared the attached ordinance, which was presented for consideration by the Assembly. Recommended findings of fact in support of adoption were included as an attachment to the ordinance. Also attached to the packet was the Community Development Department rezone procedures and the draft agenda statement for the July 7, 2016 meeting that details the procedures for adoption of the Ordinance and the Findings of Fact. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Smiley, Symmons, Crow, and LeDoux. Other Items None. CITIZENS' COMMENTS None. ASSEMBLY MEMBERS' COMMENTS Assembly member Crow spoke about the two municipal governments consolidating and to anticipate a resolution soon. Kodiak Island Borough Assembly Regular Meeting Minutes June 16, 2016 Page 6 of 7 *Regular Meeting Minutes of Page 18 of 94 AGENDA ITEM #5.A. Assembly member LeDoux expressed desire for the Assembly to meet with the public in an informal setting to allow back and forth conversation. He spoke to the consolidation of the two local governments and the scheduling of joint work sessions with the city council in an effort to improve communication. Assembly member Symmons encouraged the public to give input and be part of the solution with the MTF. Assembly member Rohrer announced the next MTF meeting was scheduled for Tuesday, July 26, and at 6 p.m. and would go no later than 8 p.m. He welcomed Scott Smiley to the assembly. He requested an update at a future work session to determine where they were at with the Building Permits process for the Borough. Assembly member Skinner addressed Assembly member LeDoux's comments regarding joint work sessions between the two governing bodies. She was interested in having more substantive discussions and strategizing with the mayor for the groups to have more productive discussion. Assembly member Smiley spoke to his experiences so far as a newly appointed assembly member. Announcements Mayor Friend announced the next Assembly work session would be held on Thursday, June 30, 2016 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting would be held on July 7, 2016 in the Borough Assembly Chambers. He also reminded everyone that the Borough Offices would be closed on Monday, July 4 in observance of the Fourth of July holiday. ADJOURNMENT PETERSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Smiley, Symmons, Crow, LeDoux, and Peterson. The meeting was adjourned at 8:10 p.m. ATTEST: KODIAK ISLAND BOROUGH Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes June 16, 2016 Page 7 of 7 'Regular Meeting Minutes of Page 19 of 94 AGENDA ITEM #7.C. KODIAK ISLAND BOROUGH OFFICE of the MANAGER MEMORANDUM Date: July 19, 2016 To: Mayor Friend and Borough Assembly f From: Michael Powers, Borough Manager Subject: Borough Managers Office Update Recommended Action: Receive Report Discussion The Borough Managers Office oversees all operations of the Borough. The Office contains the following broad areas: • General Management -The Manager oversees all operations and staff. The Manager coordinates activities and meetings with the Clerk's Office. The Manager is the administrative "face" of the organization and works closely with numerous other entities. • Human Resources -Coordinates the HR functions of the Borough. • Resources Management -Oversees land sales, land leases, stewardship and use of Borough lands and projects on Borough lands. • Special Projects -undertakes special projects, grants and other activities. Specifically the following activities are underway within the Borough Managers Office: General Management • Coming up to speed on Borough activities. • Coordinating various issues with other entities including resolution of the medical incinerator issue, building permit services, and other areas of City/School/Borough interest. • Housing issues and needs. • Labor issues Including new collective bargaining agreement. • Reviewing process and procedure issues for the Borough in order to improve efficiency and ease of use. • Working with Bayside Fire Chief regarding updating fleet equipment, ISO related issues [hydrant flushing, mapping, testing and logging; hose and other equipment testing; increased staffing). Manager's Office Update to the Assembly Page 20 of 94 AGENDA ITEM #7.C. Human Resources • Working to fill vacancies. • Personnel Manual revisions -working in collaboration with Working Conditions Advisory Council and Personnel Advisory Board. • Safety training. • OSHA compliance (with EFD). • Web Page and Records Administrator. • AML/JIA liaison. • Management Labor relations negotiating team member. Resources Management • Working with Lands Committee for changes in Title 18, Land Disposal Ordinance. • Managing Chiniak Salvage Timber harvest and reforestation. • Land lease and permitting issues. • Preparing to obtain patent to Borough land selections. • Surveying land in preparation for disposal. • Implement personal use firewood program. • Implement mobile home storage on Borough land program. • Coordinate with Community Development Department on the Killarney Hills Tract R-2 Master Plan project. Special Projects • Grants -prepares and administers grants. • Website administrator. • Social Media. • Coordinator of Strategic Plan. • Labor relations negotiating team member. • Hospital Lease team member. • Non-profit funding. • Other duties as assigned. Manager's Office Update to the Assembly Page 21 of 94 AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 21, 2016 ASSEMBLY REGULAR MEETING 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: Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: 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 internally 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 in the first reading to advance to public hearing (after discussion with the Bargaining Unit and after review of the Personnel Advisory Board OR specify date). Kodiak Island Borough Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 22 of 94 AGENDA ITEM #12.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 23 of 94 2 Introduced by: Assembly member Skinner Requested! by: Assembly member Skinner 3 Drafted by: Borough CleddAssembly 4 member Skinner 5 Introduced: 0 610 2 2 01 6 Public Headng: 6 Adapted: 7 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 Ngfi(3813 of pas han vaGaRG BS shall be publigized fimt to all Borough employees 38 for five (6) WGIFIGRg days an the employee bullAtin boards Natines mf the vacancy 39 will also be sepled be each department. if a qualified candidate is not se!eGtBd 40 from the in house applicants at the end of the live (6) days, the positianwill then 41 be advertised outside f8F at least !an (10) workiRg days. 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 may, 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 52 recruitment of new applicants. Recruitment may be conducted with the 53 assistance of employment referral services. Kodiak Island Borough, Alaska Ordinance No. FY2016-21 Page 1 of 2 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 23 of 94 AGENDA ITEM #12.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 24 of 94 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 no Will be OR e^'^ 911 bulletin 65 honFrin fGF A Maximum of five (6) working days. Any FegulaF employee may, 66 with n five wwkinq days 48FR the date of job pasting, present on writing In the 67 pemaRnel department Walther appliGation. SuGh appi satian will inGlude all data 68 Fequired by !he posting. 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 24 of 94 AGENDA ITEM #12.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 25 of 94 I CITY OF WASILLA 2 3.50.010 GENERAL POLICY. 3 (C) Position vacancies may be 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 rot required to promote such 7 employees to vacant positions. 8 3.50.030 RECRUITMENT. 9 (A) Vacant positions in a small work force make getting the job done difficult for the 10 remaining employees. Therefore, as soon as practicable after receiving the resignation of an 1 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 (B) 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. Policy 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 25 of 94 AGENDA ITEM #12.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 26 of 94 CHAPTER 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. 'Terms 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. Illy NON-DISCRINUNATION/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. 105 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. lklobc, lY, lYYfl N Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 26 of 94 AGENDA ITEM #12.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 27 of 94 CHAPTER2 ORGANIZATION AND DELEGATION OF AUTHORITY Section 201 PURPOSE Proper organization and delegation of authority are essential to effective Borough government administration and management. The responsibilities and authorities delineated in this chapter are intended to establish a clear understanding of the role that each segment of Borough government most 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 employces' 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. (kmlur lv, 1998 2-1 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 27 of 94 AGENDA ITEM #12.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 28 of 94 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. h. 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 of the 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. C. Develop training programs for employees within their respective departments. E 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. It. 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. C. 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: October 19, 199a 2.1 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 28 of 94 AGENDA ITEM #12.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 29 of 94 a. Read and understand these rales and ask the immediate supervisor to explain these rales 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 supervisor 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. C. Submit in writing recommended changes to these rales 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 terns 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 tat of the yearn, appointment and shall expire on December 3lst 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 conceming additions, revisions, or deletions to/from the Borough Personnel Policies and Procedures Manual. In addition, they may formulate their own recommendations concerning 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. Fhb 27, 2w7 2-3 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 29 of 94 AGENDA ITEM #12.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 30 of 94 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 Board the Personnel voting affirmatively. D. Famish 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 famish 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. IZATION AND DUTIES OF THE WORKING CONDITIONS 204 ORGANIL ADVISORY COUNCIL 204.1 Oreanization of Advisory Council Them is created a Working Conditions Advisory Council which shall have as its purpose the presentation to the Borough Assembly recommendations, advice and suggestions regarding terms and conditions of employment for employces 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. Ogobcr 19, 199r 24 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 30 of 94 AGENDA ITEM #12.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 31 of 94 2043 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 employces, 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 employees decline to be represented by an Advisory Council, no Advisory Council shall be considered as a spokesperson 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 Island Borough 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. The provisions of the Public Employment Relations Act (AS 23.40) shall control if inconsistent with the provisions of this article. 0c 19. ]"s . Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 31 of 94 AGENDA ITEM #12.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 32 of 94 CHAPTER4 HIRING AND ADVANCEMENT Section 401 DESIGNATION OF EMPLOYEES Regular 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. Regular 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. Regular Part -Time Employee: A regular part-time employee is one who is employed to work a regular schedule with established weekly hours totaling less than thirty (30) hours a week. Temnorary Employee: A temporary employee is one who is employed to augment the workforce 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 beyond six (6) months, he/she shall accrue sick leave, vacation and seniority from the date of hire the same as a regular employce. 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 -tern, 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 upending school. In order to qualify, the intern must be a high school or college student who has the necessary academic training in the form of class work and research papers and/or who also possesses the initiative to demonstrate his or her potential in the nhr l5.'-2014 at Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 32 of 94 AGENDA ITEM #12.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 33 of 94 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. JOS 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 shall include job title, salary range, job qualification examination information (including the time, place and manner of Mand completing applications, and other pertinent information). J07 QUALIFICATIONS 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 "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 Maygr 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 provided by the personnel office. In addition, a written examination or demonstration may be required if appropriate. Upon completion of all interviews, the supervisor will make a final selection. nay i �. 2014 ,r., Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 33 of 94 AGENDA ITEM #12.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 34 of 94 409 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. 410 SHIFT DIFFERENTIAL An employee who is assigned to a swing shift (definedas any eight (8) consecutive hours (excluding lunch) beginning between 4:011 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 e greveyard shift (defined as the hours from midnight until 8:00 a.m.) shall receive six (6) percent premium pay in addition to hisPoer regular salary for tbe period served on graveyard shift for any day worked as a greveyard 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 sporadicallyy 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 shin 411 STEPINCREASES 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 fors in Appendix B - Fors 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 'ora Period of time during which certain specific improvements must be made. Notice of such step increase defer) and the reasons for it shall be given to the emPloyce in writing with a copy to [be Borough Manager. When the department head has determined that the employee has achieved satisfactory improvement, the suspended step increase may be approved et 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 M1Mr 15, 2014 4'3 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 34 of 94 AGENDA ITEM #12.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 35 of 94 the date of his/her last step increase, provided the employee has completed 1560 compensable hour: 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 or 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. Fitleen (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. AUy 11, 2014 44 Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 35 of 94 AGENDA ITEM #12.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 36 of 94 412 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 compensated at the higher rate of pay. If the employee's pay rate is higher than 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 Of m. Regular employees may be allowed to transfer or request a change of assignment prior to filling a vacancy with hire. When is transferred from one to another with a a new an employee position 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 (90) 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 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 dale 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 tem rary employee shall count towards the probationary period if the employee is subsequently hired into the same position as a regular employee, provided there has been no break in service greater than 60 days. &Uy is 2014-5. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 36 of 94 AGENDA ITEM #12.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 37 of 94 JIS EVALUATION The Borough and employees endorse written evaluation of all employees by supervisors for the purpose of evaluating the employees' strengths and weaknesses in their job 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 employce will next he 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 is If the current rate of falls within the range, whichever greater. employee's pay 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 atter completing six months of overall satisfactory performance. Any empployee 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 Forms in Section). If during the Appendix B - Forms the evaluation period employee demonstrates unsatisfactory ability for the job, the employee shall be returned to the employce'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 promotion. wy u. =ou as Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 37 of 94 AGENDA ITEM #12.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 38 of 94 417 DEMOTION An employee may be demoted for any of the following reasons: A. Inability to perform duties adequately. B. 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. 418 OFF DUTY/CALL OUT PAY When an off duty employee is required to report for duty, the employee shall receive overtime pa for all time worked portal to portal during such call out. Such employees skull receive a minimum of one (1) hours pay or will be paid for actual time worked, whichever is greater. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 38 of 94 AGENDA ITEM #12.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 39 of 94 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 KID 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 39 of 94 AGENDA ITEM #12.A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 40 of 94 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 ji.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 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 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. /R�eessppectful , dliam Ro rts Chairperson Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The ... Page 40 of 94 AGENDA ITEM #C.C.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY21, 2016 ASSEMBLY REGULAR MEETING 4 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 priorities 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. One of the actions that the Assembly may take, if it chooses to as a result of the advisory vote, is to give direction to staff to prepare a consolidation petition to submit to the Local Boundary Commission. This ordinance reflects that the Assembly direction will come before the Assembly in a form of a resolution. Additional information regarding consolidation is available to the Assembly and the public and this can be accessed on the following link:https://kodiakak.civicweb.net/filel)ro/documents/38433 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. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2017-02 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 41 of 94 AGENDA ITEM #C.C.1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 42 of 94 1 Introduced by: Assembly Member Cmw 2 Requested by: Assembly Member crow 3 Craned by: Bomugh ClerWAssembly 4 Member Crow Introduced on: July 21. 2016 5 Public hearing: 6 Adopted on: 7 8 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, 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 42 of 94 AGENDA ITEM #C. C. I. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 43 of 94 50 BE IT FURTHER RESOLVED THAT the Assembly may take further action, if it chooses to as a 51 result of the advisory vole, 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 58 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 43 of 94 AGENDA ITEM #C -C.1 - OrdinanceNo. FY2017-02 Authorizing The Submission Of An Adv... Page 44 of 94 PROCEDURES FOR CONSOLIDATION AND MERGER STAGE ONE - FILING THE PETITION A petition may be initialed by various parties Including voters, a city munch, a borough assembly or others specified in until. �defi-n 3 AAC 0. If Initiated by voters, a petition to merge or consolidate a city and borough must be signed by a number of voters v ithin the city equal to at least 25% of the number of votes cast In the city's last regular election. The pefilim must also be signed by Petition submitted LBC Staff a number of voters within the borough, but outside the dry to LBC Staff reviews named in the petition. Those signatures must total at least 3AAC 110420 form a content 25% of the number of voles 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 29.09.100(a) and 3 AAC 110.410(b)). STAGE TWO - PUBLIC REVIEW PUMinotira cervi® of petition is given Individuals may Ole responsivebriefs8 p 3 AAC 110.450 _ comments in fawn or opposition 3 M 110.460 3AAC 110.480 —Opfianel——Oputwol— Pehhonermaybe CSfaRma LBC Stan disldbutes created by l9C Stag to rorrtluet tlmft hodpublie public meetingro report for public review in(amrefianal address proposaf 3AAC 110530 LL sessions AAC 11052 3 AAC 110.510 •Dapenmmtorcoaen n Community, and Ewnanic Development s . u suffto the LBC. A544.41.050(a)(2)jor . isldbulas Opportunlry /or review of Comments must be submitted l final report poor la LBC on I -BC Staff draft report ort Headrg L3AMAC 3 AAC 110.530 10530 OrdinanceNo. FY2017-02 Authorizing The Submission Of An Adv... Page 44 of 94 AGENDA ITEM #C -C.1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 45 of 94 PROCEDURES FOR CONSOLIDATION AND MERGER PAGE TWO STAGE THREE -HEARING AND DECISION BY LBC Hearin¢ Procedures ng(s) 1. Presentation of LBC Staff Report e 2. opening Statement by Petitioner 3. Public Comments (limited to 3 minutes ,!,W per person) 4. Testimony be Petitioners Witnesses A Testimony by Witnesses of Respondents 6. Responsive Testimony by Petitioner 7. Closing Statement by Petitioner 8. Closing Statement by Respondents 9. Reply by Petitioner I O.Closing Statement by LBC Staff LBC decisional meetirg (verbal derision reached) W 4w oofwt2 PetitionAnmnde a Pe44 nietl Pe18 vetl sed Written demalon Issued 3 AAC 110.5]0 ' b denied, opportumty for Pro[esi rods rewrisldaraaon 3AAC 1/0580 •Oexisinns of the LllC re subject lojuditial avPexl BpOrion is approved m amendetl and approved, the process continues to next stage Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 45 of 94 AGENDA ITEM #C.C.1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 46 of 94 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 WITHIN 30 LBC Staff submits Federal Voting Rights Act AS 29.06.140 r preclearance request covering the date of election and the proposed merger or consolidation 42 U.S.C. 1973(c) fi:� l_e33/ regal: eJ) If a majority of votes at first. election favor Division of merger or consolidation, Election for new Preclearance Is Elections Division of Elections governing body granted and certifies election orders election for q5 29.06.140 election is held officials of new results AS 29.06.140 municipality AS 29.06.140 Division of ElacOons cerll6es elac0on results— consoiltladonfakeseffect STAGE FIVE - TRANSITION 'I he surecssor go, enmont succeeds to all rights, powers, duties, assets, and liabilities of the former governments. 'the ordinances, resolutions, regulations, procedures, and orders of the former governments remain in force in their respeeth a territories until superce I A.S 19.06.150 and,I S .0 160 Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 46 of 94 AGENDA ITEM #C.C.I. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 47 of 94 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 47 of 94 AGENDA ITEM #C. C. 1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 48 of 94 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. 29.06.160. 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 48 of 94 AGENDA ITEM #C.C.1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 49 of 94 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 49 of 94 AGENDA ITEM #10.C.1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 50 of 94 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 50 of 94 AGENDA ITEM #C.C.1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 51 of 94 (c) The communications media and the land, water, and air transportation facilities throughout the proposed borough must allow for the level 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 51 of 94 AGENDA ITEM #C -C-1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 52 of 94 (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; (8) 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 52 of 94 AGENDA ITEM #C. C. 1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 53 of 94 (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 53 of 94 AGENDA ITEM #C.C.1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 54 of 94 (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, meeting, 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 54 of 94 AGENDA ITEM #C.C.I. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 55 of 94 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 29.05, 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 departments 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 55 of 94 AGENDA ITEM #C.C.1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 56 of 94 3 AAC 110.460 SERVICE OF PETITION. (a) No later than 25 days after receipt of the department's 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 department's written notice of acceptance of the petition for filing, the petitioner shall deliver to the department six complete sets of petition documents, a swom 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 respondent's knowledge, information, and belief, formed after reasonable inquiry, the responsive brief and exhibits are founded in fact 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 56 of 94 AGENDA ITEM #C.C.1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 57 of 94 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 110.510 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 swam 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 57 of 94 AGENDA ITEM #C -C-1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 58 of 94 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 posting 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 58 of 94 AGENDA ITEM #C. C. 9. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 59 of 94 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 pefition with the original petition documents, post the public notice of the amending petition, and submit a swom 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 pefition 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 59 of 94 AGENDA ITEM #C. C. 1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 60 of 94 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 dale, 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 60 of 94 AGENDA ITEM #C. C. 1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 61 of 94 (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) sworn 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 limes 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 61 of 94 AGENDA ITEM #C. C. 1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 62 of 94 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 110.580 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 facts 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 own 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 62 of 94 AGENDA ITEM #C. C. 1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 63 of 94 describing in detail the facts and analyses that support or oppose the request for reconsideration. 3 AAC 110.590 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 110.660, 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 1110.550, 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 63 of 94 AGENDA ITEM #C. C. I. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 64 of 94 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 1965) 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 64 of 94 AGENDA ITEM #C.C.1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 65 of 94 (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) 28 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. Fxcept upon a special showing to the commission of significantly changed conditions, a petition will not be accepted for riling 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 65 of 94 AGENDA ITEM #10.10.1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 66 of 94 (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 66 of 94 AGENDA ITEM #C. C. 1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 67 of 94 (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 dose 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 67 of 94 AGENDA ITEM #C. C. 1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 68 of 94 (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 68 of 94 AGENDA ITEM #C. C. 1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 69 of 94 (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) "political 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 69 of 94 AGENDA ITEM #C -C-1. HISTORICAL INFORMATION REGARDING CONSOLIDATION July 7, 1987 Resolution No. 87-00 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 rejection?" Election Result., 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 fomrs 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. 1989-45 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 fon-nation 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 70 of 94 AGENDA ITEM #C. C. 1. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 71 of 94 "Shall a Charter Commission he 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 voles and 766 NO voles. 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, Ebeil, Boyer, 8 Gentry • Recommended Resolution No. 92-36 and Resolution No. 92-36 be removed from the agenda. (rhey 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 State of Alaska as to the steps required to consolidate. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 71 of 94 AGENDA ITEM #C -C -1 - Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 72 of 94 Joel Bolger, Borough attorney, was questioned about the regulations on consolidation set by the Local Boundary Commission. 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. Fitzjearl 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 fell the responsibilities and concerns of the Borough and City were too diverse to consolidate at this time. Assembly member Monme 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 It was noted for the record that Assembly member Gould changed his no vote to be eligible to apply for reconsideration and Assembly member Fdtzjead changed her no vole 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 72 of 94 AGENDA ITEM #C. C. 1. September 3, 1992 Reconsideration of Vote 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. Vote 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 18, 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. Stale of Alaska reviews peitions in that legal requirement were met before presentation to the Boundary commission. Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 73 of 94 July 18, 2016 AGENDA ITEM #C -C.1 - Office of the Mayor and Council 710 Mill Bay Road, Room 219, Kodiak, Alaska 99615 Kodiak Island Borough Assembly 710 Mill Bay Road Kodiak, AK 99615 Dear Kodiak Island Borough Assembly: It has come to the attention of the Kodiak City Council the Kodiak Island Borough Assembly has before them Ordinance 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 the Kodiak Island Borough consolidating the Kodiak Island Borough and the City of Kodiak into a single unit of government. The City Council has some questions and concerns about the language of this ordinance being introduced at the assembly's regular meeting on Thursday, July 21 and for a second reading (if passed) at the regular August, 4, 2016, meeting. Since this is a policy decision from the Borough which affects more than half the Borough residents, it would be most respectful, thoughtful, logical, and follow government process to have included this discussion for this ballot measure with the City Council. The City of Kodiak has more than half the Kodiak Island Borough's population and though the City residents are also Borough residents, City residents elect representatives on the Council and the Council should have been included for discussion. The next joint work session, which the City of Kodiak has called, is not scheduled until August 23, when this ordinance would have already been before the Borough for a second reading. It was stated at the Borough's last work session when this ordinance was brought before you that the City was happy with this ordinance. That is not true as the Council has not discussed this ordinance as it has not been brought before the Council. The City and Borough managers had simple discussions about the ordinance and that it was coming before the Assembly, but again, this is a major policy discussion for both governing bodies, not for the managers and administration to decide. It was also stated at that same meeting that the City Mayor was opposed to the consolidation. That is not true either. Again, if this discussion had occurred with the City Council, we could have had this discussion in person instead of inferences and interpretations coming forth. Telephone (907) 486-86361 Fax (907) 486-8633 rnayor@city.kodhik.ak.us Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 74 of 94 AGENDA ITEM #C. C. 1. The language in the ordinance which concerns the City Council is consolidation "may result in a more efficient single unit of government' and "it would be of the best interest of the residents of the community to explore the potential impacts of consolidation." Those statements are completely subjective statements and until more research is done about this issue, that language is misleading and should not be in the ordinance. Bigger government is not necessarily more efficient. KIB and City have very separate powers and combining them may not result in better or more efficient government. Since being transparent at all times is the right thing for both KIB and City to be and do, we are requesting the KIB delay this resolution and ordinance from October 4, 2016, ballot in order to discuss these matters with the City Council in a public meeting. This is a very complicated subject with many legal matters and boundary issues and since this is only an advisory and non binding vote, it would be better for all Kodiak residents to have this discussion in public before going forward with this Issue. Also, the ordinance calls for a non binding vote, but also attached is the language that the "Assembly may take further action, if it chooses to as a result of the advisory vote, in a form of a resolution to give direction to staff to prepare a consolidation petition to submit to the Local Boundary petition." Once again, the City Council is not against any consolidation discussions with the KIB Assembly. Again, we would request that these discussions begin prior to any movement of a consolidation resolution and ordinance until the KIB Assembly and City Council might have open and transparent discussions regarding this important issue which will affect all Kodiak residents. Sincerely, &on(;I, Mayor, City of Kodiak ,�W� G bkrAf Randall Bishop Councilmember Gabriel Saravia Councilmember oT hn Wh'iddon Councilmember Qura Arboleda Councilmember r Charles Davidson Councilmember icR h Wa Councilmember Ordinance No. FY2017-02 Authorizing The Submission Of An Adv... Page 75 of 94 AGENDA ITEM #C.C.2. KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 21, 2016 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 FUNDS AVAILABLE: Account Number. 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 Island Borough Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 76 of 94 AGENDA ITEM #C.C.2. KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY21, 2016 ASSEMBLY REGULAR MEETING etc .-? 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 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 77 of 94 AGENDA ITEM #C.C.2. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 78 of 94 Introd"cad by: Borough Manager Requested by: Borough Manager Drafted! by: Special Projects Staff 1 Introduced: 07/21/2016 2 Public Hearing: Adopted: 3 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 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 Otmelei 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 78 of 94 AGENDA ITEM #C.C.2. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 79 of 94 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 50 51 BALLOT PROPOSITION NO. 1 52 53 Shall the boundary of Service Area No. 1 be altered by the addition of 54 Lot 6 and Lot 7A of Black 5, and Lot 1, Lot 2 and Lot 3 of Block 6 55 Monashka Bay Subdivision and Tract B Miller Point Alaska 56 Subdivision? O Yes 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: Effective date. The ordinance shall become effective upon passage of the 61 proposition to alter the boundaries of Service Area No. 1 by the qualified 62 voters and upon certification of the October 4, 2016 election. 63 64 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 65 THIS DAY OF 2016 66 67 KODIAK ISLAND BOROUGH 68 69 70 71 Jerrol Friend, Borough Mayor 72 73 ATTEST: 74 75 76 77 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 79 of 94 AGENDA ITEM #C.C.2. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 80 of 94 Introduced by: Mayor Selby Requested by: Mayor Selby Dratted 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 (DOT) 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 O & 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, Otmelol 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 toaccept 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. i Kodak Island Borough, Alaska Resolution No. 97-05 Page 1 of 2 I Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 80 of 94 AGENDA ITEM #C.C.2. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 81 of 94 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH OF JANUARY, 1997 KODIAK ISLAND BOROUGH Jer a M. Selby, Borou h M 1 v.J Robin Heinrichs, Presiding Officer ATTEST: ')'J 2" CIIM/C�i Onne F. Smlth, CMC/AAE, Borough Clerk i I i Kodiak bland Borough, Alaska Resolution No. 97-05 Page 2 of 2 Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 81 of 94 AGENDA ITEM #C.C.2. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 82 of 94 - A, m a a EREZANOFDR _ U a ` ora 3 Co Nfi 4 Twp° O IY � 3 n m 8 ms � LLI h C Z W U i w „ a IL O Itlb it g Q tu E p It W „ w ; m " f Ng a s:mnue wm�am=J Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 82 of 94 AGENDA ITEM #C.C.2. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 83 of 94 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 83 of 94 AGENDA ITEM #C.C.2. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 84 of 94 Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Special Preece Staff Introduced: 07/21/2016 2 Public Hearing: Adapted: 3 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 Stale 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 84 of 94 AGENDA ITEM #C.C.2. Ordinance No. FY2017-03 Submitting to the Qualified Voters o... Page 85 of 94 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 0 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 85 of 94 AGENDA ITEM #C.C.3. KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 21. 2016 •' ASSEMBLY REGULAR MEETING TITLE: 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 ORIGINATOR: Meagan Christiansen FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: 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 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2017-04 Submitting to the Qualified Voters t... Page 86 of 94 AGENDA ITEM #C.C.3. Ordinance No. FY2017-04 Submitting to the Qualified Voters t... Page 87 of 94 introduced by: Borough Manager Requested by: Borough Manager Drafted by: Special Projects Stag 1 Introduced: 071212018 2 Public Hearing: Adopted: 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 11 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 87 of 94 AGENDA ITEM #C.C.3. Ordinance No. FY2017-04 Submitting to the Qualified Voters L. Page 88 of 94 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 Otmeloi Way 53 as Indicated on the attached map? 54 O Yes 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 L. Page 88 of 94 AGENDA ITEM #C.C.3. Ordinance No. FY2017-04 Submitting to the Qualified Voters It... Page 89 of 94 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 It... Page 89 of 94 AGENDA ITEM #C.C.3. rn. �.n m wa.�a a xm.mmw a•w� �h+.+ �: m.m�ew n..m q�"�..rom. _ - " a a Ck,�¢as" s "— - L E RE7ANOFDR u .' L W" (n F- C) C) zi a .� - a LU LUT En LLI En e O IL m �a a % O r O c ai�cu�ea.r,TMam �_ Ordinance No. FY2017-04 Submitting to the Qualified Voters t... Page 90 of 94 AGENDA ITEM #C.C.3. Ordinance No. FY2017-04 Submitting to the Qualified Voters t... Page 91 of 94 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 K16C. [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, 19801. 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 91 of 94 AGENDA ITEM #A.A.1. rte" KODIAK ISLAND BOROUGH t' PARKS & RECREATION COMMITTEE REGULAR MEETING May 24, 2016 7:00 p.m. n JUN 3 D"'�1i6 KODIAK ISLAND BOROUGH CONFERENCE ROOM MINUTES I 7 a.m. - CALL TO ORDER CHAIR SALTONSTALL called to order the May 24, 2016 Parks and Recreation Committee Regular Meeting at 6:58 p.m. ROLL CALL Requested excusal was Steve Paulson and Mamie Lelst. Committee members present were Patrick Sallonstall, Helm Johnson (7 p.m.), Sharon Wolkoff, Dale Stratton, and Ben Mlllslein. Ex -officio members present were Alan Schmitt and Corey Gronn. Excused members were Steve Paulson and Mamie Leist. Absent ex -officio members were Frank Peterson and Ron Bryant. A quorum was established. COMMITTEE MEMBER MILLSTEIN MOVED to excuse Steve Paulson and Mamie Leist. VOICE VOTE CARRIED UNANIMOUSLY Community Development Department staff present was Tom Quass and Sheila Smith. APPROVAL OF AGENDA COMMITTEE MEMBER MILLSTEIN MOVED to approve the agenda with the change that we move New Business to before Old Business. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY MINUTES OF PREVIOUS MEETINGS COMMITTEE MEMBER MILLSTEIN MOVED to approve the April 26, 2016 Parks and Recreation minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS None NEIN BUSINESS A) Committee meeting times. During the brief discussion of changing the meeting time to allow for members that also attend the City Parks and Recreation meetings to attend both and other meetings, there was consensus to change the meeting time. COMMITTEE MEMBER MILLSTEIN MOVED to change the start time of the Parks and Recreation Committee meetings to 6:30 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS A) Monashka Bandit Range Tom Quass stated he's working with Duane Dvorak and we are getting to the point where shutting the whole area down to any shooting because of the safety concerns. Page 1 of 3 Parks and Recreation Regular Meeting Minutes May 24, 2016 Parks and Recreation Committee regular meeting minutes of Ma... Page 92 of 94 AGENDA ITEM #A.A.1. B) Termination Point (Placeholder) Nothing new to report. C) Saltery Trail Improvements (Placeholder) Tom Quass staled ITN received some of the geo-block and they will be start on replacing them in July or August. Dale Stratton stated he was at Saltery last Sunday. On the other side of the pass, there's trough -line where a kid went down in and broke his arm. That area needs to be addressed soon. He's seen at least a dozen roll overs right there. D) Island Lake Trail Improvements (Placeholder) Quass staled ITN has finished bridge 3, and they are working on bridge 1 now. Everything that he needs is here on the Island now. E) Killarney Hills (Placeholder) EX -OFFICIO MEMBER SCHMITT stated at last week's Planning and Zoning meeting, the commission approved the proposed Master Planning Process to begin the planning process. He stated Sara Mason is now in the Task 1 phase, which is Data Collection and Analysis, trying to get all the information together so she'll have it when she starts to have the various meetings. SCHMITT also read aloud the Stakeholder Engagement, Task 2, paragraph 2.1, and talked about the joint work sessions to lake place. During discussion concern was expressed regarding an assembly member who said there is no support for keeping the field, the signed Parks and Rec letter being forwarded to Director Pederson but both the City and Borough's letters still haven't been forwarded to the commission, and the City Parks and Recreation, being a stakeholder, hasn't been provided the proposal. F) Spruce Cape Hein Pad Future Use EX -OFFICIO MEMBER SCHMITT showed the most current picture on his Ipad. He said they carved It Into two parcels that are about 7200 square feet. There's a lot of things that need to happen before anything can move forward. Brief discussion. G) Narrow Cape Public Access CHAIR SALTONSTALL asked if the letter he had written is in the packet and if it was sent to the assembly because he knows he sent it In, and he got a reply on It. He hopes the committee hasn't missed the window on this. EX -OFFICIO GRONN excused himself from the meeting at 7:25 p.m. H) Iditarock ATV Race Held on May 21, 2016 Quass said it took place on Saturday. COMMITTEE MEMBER JOHNSON said the route they took is awful, they went to the right of Summit, they didn't lake the high line to the left. They went through. Discussion regarding the race went through the mud field along the lake edge that is salmon habitat, Mike Sirofchuck was going to take photos as it was happening, hopefully, having data for next year to encourage them to stick to certain trails, if it comes back that it was so damaged that we talk to Leisnoi to see if they would deny their permit. If we ever want to stop it, that's the only way it's going to happen. I) Trails Summit Recap — Summary for Completed TMO's (Pillar Mountain to Bells Flats Trails). Quass said it seems that the committee didn't plan on doing a lot of maintenance to those trails. Page 2 of Parks and Recreation Regular Meeting Minutes May 24, 2016 Parks and Recreation Committee regular meeting minutes of Ma... Page 93 of 94 AGENDA ITEM #A.A.1. Quass was directed to fix the typo. CHAIR SALTONSTALL slated we didn't have any major physical improvements in mind. COMMITTEE MEMBER MILLSTEIN MOVED to approve the Pillar Mountain to Womens Bay TMO Summary Statement with correction. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY COMMUNICATIONS A) June Planning and Zoning Public Hearing Items COMMITTEE MEMBER JOHNSON MOVED to acknowledge receipt of Communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS Meeting Schedule: • June 21, 2016 Parks & Recreation Committee meeting -6:30 p.m: KIB Conference Room • July 26, 2016 Parks & Recreation Committee meeting- 6:30 p.m: KIB Conference Room COMMITTEE MEMBER JOHNSON MOVED to acknowledge receipt of Reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS None COMMITTEE MEMBER'S COMMENTS Dale Stratton said he's going to see if anyone was wearing a GoPro to see if he can get a video ofldi(erock. Patrick Saltonslall said he went to Chiniak to look at the proposed clear cut and it does need to be cut, it's all dead. ADJOURNMENT COMMITTEE MEMBER JOHNSON MOVED to adjourn. CHAIR SALTONSTALL adjourned the meeting at 7:49 p.m. GH PARKS AICC RE�EA ON C BMWI U EE ATTEST: B7EST: L4r-1L Sheila Smith, Sec- erary Community Development Department APPROVED: June 28, 2016 Page 3 of 3 Parks and Recreation Regular Meeting Minutes May 24, 2016 Parks and Recreation Committee regular meeting minutes of Ma... Page 94 of 94 Kodiak Island Borough Assembly Regular Meeting Guidelines July 21, 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 — Deputy Presiding Officer Skinner 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 Mayor Friend who is absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non -controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: * Regular Meeting Minutes of May 19 and June 16, 2016. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION 5. APPROVAL OF MINUTES * Regular Meeting Minutes of May 19 and June 16, 2016. 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 A. Employee of the Quarter Award — Manager Powers B. Longevity Awards — Manager Powers • Lauri Whiddon, HR Officer/Executive Assistant, 15 years • Alan Torres, Solid Waste Baler/Landfill Supervisor, 15 years C. Manager's Office Update to the Assembly— Manager Powers Kodiak Island Borough Assembly Guidelines July 21, 2016 Page 1 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 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. Recommended motion: Move to adopt Ordinance No. FY2016-21 in the first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Powers Assembly discussion. ROLL CALL VOTE ON MOTION 13. NEW BUSINESS A. Contracts — None. B. Resolutions — None. C. Ordinances for Introduction 1. 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. Recommended motion: Move to adopt Ordinance No. FY2017-02 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Powers Assembly discussion. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines July 21, 2016 Page 2 2. 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. Recommended motion: Move to adopt Ordinance No. FY2017-03 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report —Manager Powers Assembly discussion. ROLL CALL VOTE ON MOTION 3. 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. Recommended motion: Move to adopt Ordinance No. FY2017-04 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Powers Assembly discussion. ROLL CALL VOTE ON MOTION D. Other Items — None. 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 15. ASSEMBLY MEMBERS' COMMENTS Announcements — Mayor Friend The next Assembly work session will be held on Thursday, July 28 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting is scheduled for Thursday, August 4 at 6:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. 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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 4, 2016, At 6:30 P.M. in The Borough Assembly Chambers. PRESENTED The Employee Of The Quarter Award For The Second Quarter Of 2016 To Angela Mackenzie, CMC, Deputy Clerk, Clerk’s Office. PRESENTED 15-Year Longevity Awards To Lauri Whiddon, HR Officer/Executive Assistant And Alan Torres, Solid Waste Baler/Landfill Supervisor. RECEIVED A Department Update From Borough Manager Michael Powers. ADVANCED 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 To Public Hearing At The Next Regular Meeting Of The Assembly. AMENDED, ADVANCED 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 To Public Hearing At The Next Regular Meeting Of The Assembly. ADVANCED 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 To Public Hearing At The Next Regular Meeting Of The Assembly. ADVANCED 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 To Public Hearing At The Next Regular Meeting Of The Assembly. Vol. FY2017, No. 2 July 22, 2016 Kodiak Island Borough Assembly Newsletter