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2017-01-05 Special Work SessionPage 2-11 Kodiak Island Borough Assembly Special Work Session Thursday, January 5, 2017, 6:30 p.m. Assemblv Chambers Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions are NOT considered part of the official record. Citizen's comments intended for the "official record" should be made at a regular Assembly meeting. 1. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 2. AGENDA ITEMS a. Marijuana Task Force Recommendations To The Assembly MTF Recommendations - Pdf 3. MANAGER'S COMMENTS 4. CLERK'S COMMENTS 5. MAYOR'S COMMENTS 6. ASSEMBLY MEMBERS COMMENTS Visit our website at www.facebook.com/Kodiakislandborough@KodiakBorough @KodiakBorough www.kodiakak.us Page 1 of 11 AGENDA ITEM #2.a. KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 5. 2017 ASSEMBLY SPECIAL WORK SESSION TITLE: Marijuana Task Force Recommendations To The Assembly ORIGINATOR: Laurie Pardoe FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: Ordinance No. FY2016-17 was adopted by the Borough on March 3, 2016. This ordinance allowed the Borough to exercise authority granted to it by AS 17.38.110(a) so as to prohibit to the broadest extent possible the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores within its borders. Ordinance No. FY2016-17 is in effect through February 28, 2017. Resolution No. FY2016-31 was also adopted on March 17, 2016 which established a Marijuana Task Force (MTF). MTF's responsibility is to offer advice and recommendations to the Assembly and administration on both the upsides and downsides of any issue related to or impacted by the legalization of marijuana. MTF has met multiple times and on November 28, 2016, approved its recommendations to the Assembly regarding the implementation of Marijuana -related business in the Kodiak Island Borough. The Assembly received the recommendations at the December 8 work session and they focused their discussion on process. January 5 special work session was called in lieu of a regular meeting to specifically discuss the recommendations. PURPOSE, ACTION, OR RECOMMENDED MOTION: Assembly to discuss the recommendations in detail for a drafting of an actual ordinance for adoption at a later time. Kodiak Island Borough Page 2 of 11 Marijuana Task Force Recommendations To The Assembly AGENDA ITEM #2. a. Page 3 of 11 Marijuana Task Force Recommendations To The Assembly To: Kodiak Island Borough Assembly From: Kodiak Island Borough Marijuana Task Force Date: November 28, 2016 Regarding: Recommendations for implementation On March 17, 2016 the Kodiak Island Borough Assembly voted to opt out of the commercial sale of marijuana in the Borough for one year. Congruent with that the Assembly created a Marijuana Task Force made up of 11 residents of the Borough. The group is made up of individuals who use Marijuana regularly to people who have never used and everyone in between. The committee fairly accurately reflects the wide ranges of opinions found in the community. The Marijuana Task Force was tasked with offering advice and recommendations to the Assembly regarding the implementation of Marijuana related business in the Kodiak Island Borough. The State of Alaska created a broad framework and encouraged local municipalities to create laws that best reflect the local jurisdictions. It was with all this in mind that the Task Force began its work. The Task Force has met ten times. We limited all of our meetings to right around two hours. After much discussion and some compromise the Task Force brings forth the following recommendations. Please note that some of the recommendations were quite controversial and this document will attempt to reflect that "conflict" where it e2dsted. Also please note that the recommendations reflected in this document are organized in a manner to make it useful for the Assembly but not necessarily in the order that we addressed them at the meetings. 1. Licenses/Renewal Fees a. Application Fee: Kodiak Island Borough Application Fee would be 20% of the State fee reflected in AAC 306.100(a( a. State Fee is currently $1,000 b. Borough Fee $200 b. Annual License Fee: Kodiak Island Borough Annual License Fee would be 20% of the State fee schedule reflected in AAC 306.100 (d). a. Retail Marijuana Store License State currently $5,000, Borough $1,000 b. Limited Marijuana Cultivation Facility License State currently $1,000, Borough $200 c. Marijuana Cultivation Facility License State currently $5,000, Borough $1,000 Page 3 of 11 Marijuana Task Force Recommendations To The Assembly AGENDA ITEM #2.a. Page 4 of 11 Marijuana Task Force Recommendations To The Assembly d. Marijuana Concentrate Manufacturing Facility License State currently $1,000, Borough $200 e. Marijuana Product Manufacturing Facility License State currently $5,000, Borough $1,000 L Marijuana Testing Facility license State currently $1,000, Borough $200 2. Taxes a. Sales Tax (no sales tax in the Borough): Fairbanks Borough created a sales tax specific to marijuana and alcohol but the Kodiak Task Force believed that having any sales tax in the Borough would create extra staff work and cost more than the potential benefit. b. Excise Style Tax: The State of Alaska will be taxing $50 per ounce at the cultivation level. The committee was split on this issue. With a slight majority the committee recommended that the Borough look at taxing at the cultivation level as well. Numerous committee members felt that the issue of taxes was a broad policy issue that the Assembly needed to decide. 3. Notice Requirements: a. Recommend that they mirror Alcohol notice requirements 4. Opting Out: There was much discussion in regards to what Marijuana Manufacturing should look like in Kodiak. This particular issue was discussed in length at three meetings. Ultimately the recommendation was to opt out of the manufacturing of edibles (including butter) but allow the manufacturing of oils, tinctures, and hashes. The concern with edibles was the challenge of keeping them out of the hands of children. The group split 7 to 2 in favor of opting out of edibles and split 7 to 2 to allow the manufacturing of oils, tinctures, and hashes. The above are general recommendations from the Task Force. The following recommendations are specific to zoning and the implementation of commercial marijuana Cultivation, Manufacturing, Retail Sales, and Testing in the Kodiak Island Borough. Page 4 of 11 Marijuana Task Force Recommendations To The Assembly AGENDA ITEM #2.a. Page 5 of 11 Marijuana Task Force Recommendations To The Assembly 1. Cultivation Zoning: a. Industrial — permitted b. Business —conditional use c. Residential (this was a very controversial issue and was discussed at four meetings) I. Rl, R2, R3 —prohibited (unanimous) ii. RR, RRl, RR2, Conservation — conditional use (voted 5 to 2) 1. Limited Cultivation License only (as defined in State Law) 2. 500 Square Foot or less (Borough Code requires a home based business not exceed 20% of the Residence) 3. Must only be on a lot that has a single family dwelling on it. 4. Lot must be 20,000 square feet or greater (there was a lot of discussion on whether this number should be 40,000 or 20,000) Note: The issue of cultivation was made more difficult because allowing marijuana cultivation as a conditional use in some Residential and the Business Districts could create a potential conflict in the current HIB Title 17 Code. The potential conflict is allowing a conditional use that is identified as prohibited in Title 17. 2. Manufacturing Zoning: a. Industrial — permitted b. Business — conditional use c. Residential — prohibited 3. Retail Sales Zoning: a. Industrial — permitted b. Business — permitted c. Residential — prohibited 4. Testing Zoning: a. Industrial — permitted b. Business—permitted c. Residential — permitted (split 5 to 3) The final issue we addressed was the idea of buffer zones. Fairbanks Borough used buffer zones as a way to exclude certain areas of their community (residential, schools, etc). The Task Force decided that the term Exclusion Zones would be clearer to the public as to the intention of these zones. The committee makes the following recommendations. Page 5 of 11 Marijuana Task Force Recommendations To The Assembly AGENDA ITEM #2.a. Page 6 of 11 Marijuana Task Force Recommendations To The Assembly 1. School Exclusion Zone: The school exclusion zone would be consistent with the Federal Drug Free School Zones that the Kodiak Island Borough School District is required to abide by. The School Exclusion zone would extend 500 feet in a straight line from the edge of school property. No commercial marijuana activity would be allowed in that zone. This is consistent with what KIBSD must abide by. 2. All other Exclusion Zones would be consistent with AAC 306.010. This portion would not be required to be placed in Borough Code because it is already enumerated in State Statute. To summarize this section of Statute it states that no license will be issued if the " licensed premise will be located within 500 feet of a school ground, a recreation or youth center, a building in which religious services are regularly conducted, or a correctional facility. The distance specified in this subsection must be measured by the shortest pedestrian route from the pubic entrance of the building in which the licensed premises would be located to the outer boundaries of the school ground, the outer boundaries of the recreation or youth center, the main public entrance of the building in which religious services are regularly conducted or the main public entrance of the correctional facility." I would like to thank each of the Task Force Members for their time and energy and commitment to this process. In some ways this process has stretched each of us away from where we are most comfortable on this topic. This stretching has lead to much discussion and debate. Even though the debate was a little heated at times I really appreciate the civility of which each Task Force Member approached this task. This final recommendation is brought forward with the unanimous support of the HIB Marijuana Task Force. Respectfully, Page 6 of 11 Marijuana Task Force Recommendations To The Assembly AGENDA ITEM #2.a. Page 7 of 11 Marijuana Task Force Recommendations To The Assembly IIntroduced by: Assembly member Rohrer Requested by: Assembly member Rohrer 3 embed by: Assembly member 4 Rohrer/Borough Clerk 5 Introduced: 07/182016 Public Hearing: 03/032016 6 Amended: 03/032016 7 Adopted: 031032016 8 9 KODIAK ISLAND BOROUGH 10 ORDINANCE NO. FY2016-17 11 12 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 13 AMENDING THE KODIAK ISLAND BOROUGH CODE TITLE 5 BUSINESS 14 LICENSES AND REGULATIONS BY CREATING A NEW CHAPTER 5.02 15 MARIJUANA BUSINESSES 16 17 WHEREAS, the passage of Ballot Measure #2 in the 2014 State of Alaska Election has 18 provided for the legalization of various marijuana -related activities on a specific timeline; and 19 20 WHEREAS, AS 17.38.110, 'local control' in subsection (a) provides: 'A local govemment may 21 prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing 22 facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an 23 ordinance or voter initiative'; and 24 25 WHEREAS, the Kodiak Island Borough wishes to exercise the authority granted to it by AS 26 17.38.110(a) so as to prohibit to the broadest extent possible the operation of marijuana 27 cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or 28 retail marijuana stores within its borders; and 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 31 BOROUGH THAT: 32 33 Section 1: This ordinance is of a general and permanent nature and shall become a part of 34 the Kodiak Island Borough Code of Ordinances; and 35 36 Section 2: This ordinance shall be in effect through February 28, 2017. 37 38 Section 3: A Marijuana Task Force will be created in the form of a resolution of the 39 Assembly and shall exist concurrentwith this ordinance. 40 41 Section 24: KIBC Title 5 Business Licenses and Regulations is hereby amended by creating 42 a new chapter 5.02 Marijuana Businesses to read as follows: 43 44 Chapter 5.02 45 Kodak Island Borough, Alaska Ordinance No. FY2016-17 Page 1 of 2 Page 7 of 11 Marijuana Task Force Recommendations To The Assembly AGENDA ITEM #2.a. Page 8 of 11 Marijuana Task Force Recommendations To The Assembly 46 MARIJUANA BUSINESSES 47 48 Sections: 49 5.02.010 Marijuana Businesses Prohibited. 50 5.02.020 Enforcement. 51 52 5.02.010 Marijuana Businesses Prohibited. 53 The operation of marijuana cultivation facilities, marijuana product manufacturing facilities, 54 marijuana testing facilities, and retail marijuana stores anywhere within the Kodiak Island 55 Borough is hereby prohibited. 56 57 5.02.020 Enforcement 58 59 A. A violation of a provision of this chapter is an offense punishable by a penally not to exceed 60 a rine of $1,000, in addition to the surcharge required under AS 12.55.039. Each day that a 61 violation continues constitutes a separate violation and is subject to a separate One. 62 63 B. Notwithstanding the availability of any other remedy provided by the provisions of this code, 64 the borough or any person aggrieved by a violation of this chapter may institute a civil action 65 for injunctive relief to enforce these provisions In any court of competent jurisdiction. 66 67 Section 3. Effective date. This ordinance is effective upon passage. 68 69 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 70 THIS THIRD DAY OF MARCH, 2016 71 72 73 KODIAK ISLAND 71GI, 74 75 76 77OFrrol Friend, o gh Mayor 78 79 ATTEST: 80 81 82 ` f14 83 ova M. Javier, MMC, Boro,Ah Clerk Kodiak Island Borough, Alaska Ordinance No. FY2016-17 Page 2 of 2 Page 8 of 11 Marijuana Task Force Recommendations To The Assembly AGENDA ITEM #2.a. Page 9 of 11 Marijuana Task Force Recommendations To The Assembly 1 Introduced by: Assembly member Rohrer 2 Requesled by: Assembly member Rohrer 3 Drafted by: KIB Clerk 4 Introduced on: 03/17/2016 Adopted on: 03/17/2016 5 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2016.31 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 ESTABLISHING A MARIJUANA TASK FORCE 12 13 14 WHEREAS, on November 4, 2014, Ballot Measure 2 was approved statewide by the voters; 15 and 16 17 WHEREAS, Ballot Measure 2 also allows for the Borough to prohibit and/or Implement i8 regulations governing the number, time, place and manner of marijuana cultivation facilities, 19 manufacturing facilities, retail stores and testing facilities; and 20 21 WHEREAS, there are many issues and factors to be considered by the Borough in deciding 22 all the local issues associated with the legalization of marijuana; and 23 24 WHEREAS, the Assembly is creating a Marijuana Task Force to advise the Assembly and 25 Administration on any and all aspects, Impacts, and concerns related to the legalization of 26 marijuana; and 27 28 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH that there is established a Kodiak Island Borough Marijuana Task Force. 30 31 Section 1: Created -membership. The formation of the Task Force will consist of the 32 following eleven members. The quorum for this committee is attendance of six members and it 33 takes a majority vote of those present for a motion to carry. 34 • 2 Borough Assembly Members 35 • 2 City Council Members 36 • 1 Medical Professional 37 • 1 Law Enforcement 38 • 1 Retail Business Owner 39 • 1 Marijuana Advocate 40 • 3 members at large 41 42 Section 2: Organization. The chairperson and the vice chairperson are assigned by the 43 Borough Mayor. The Chair person shall report to the entire Assembly on behalf of the Task 44 Force. 45 46 Section 3: Appointments. The Mayor shall appoint the members of the task force subject 47 to confirmation of the Assembly. The City Council members are appointed by the City Council. 48 49 50 Kodiak Island Borough Resolution No. FY2016-31 Page 1 of 2 Page 9 of 11 Marijuana Task Force Recommendations To The Assembly AGENDA ITEM #2.a. Page 10 of 11 Marijuana Task Force Recommendations To The Assembly 51 Section 4: Powers and duties. The scope of review of the task force includes, but not 52 limited to: 53 • Land use 54 • Law enforcement 55 Revenue 56 • Regulatory compliance 57 • Cultivation 58 • Manufacturing 59 • Retail Stores 60 Testing 61 The responsibility of the task force Is to offer advice and recommendations to the Assembly and 62 administration on both the upsides and downsides of any issue related to or impacted by the 63 legalization of marijuana. 64 65 Section 5: Administrative assistance. The clerk's office staff shall provide the committee 66 with supplies, meeting space, and secretarial assistance. 67 68 Section 6: Reporting. The Task Force chairperson shall report to the Assembly during a 69 public meeting. 70 71 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 72 THIS SEVENTEENTH DAY OF MARCH 2016 73 74 75 KODIAK ISLAND BOROU H ATTEST: rrd Mayor AV -r ` 76 Nova M. Javier, WC, Borough Clerk Kodiak Island Borough Resolution No. FY2016-31 Page 2 of 2 Page 10 of 11 Marijuana Task Force Recommendations To The Assembly AGENDA ITEM #2.a. Page 11 of 11 Marijuana Task Force Recommendations To The Assembly KODIAK ISLAND BOROUGH BOROUGH MARIJUANA TASK FORCE 9- A Seat NAME HOME WORK CELL EMAIL PHONE PHONE PHONE 1. Dan Rohrer (Co -Chair) 486-0977 dan.mhrerilkibassembly.om Assembly member 2. Dennis Symmons 654-1045 dennis.svmmons(Rikibassembly.om Assembly member 3. Laura Arboleda 539-2027 larboled.Odlv.kodiakak.us City Council member 4. Randall Bishop 486-3364 mishoo0dlv.kodiak_ak.us City Council member 5. Medical Professional 654-5546 486-2203 485-4593 lon'slmnuOymail.cum Jonathan Strong PO Bax 1924 Kodiak, AK 99615 6. Law Enforcement 4868000 msodordbclly.kodiak ak.us Detach. Michael Senior 2160 Mill Bay Road Kodiak, Alaska 99615 7. Retail Business Owner 942-5618 512-2726 942-5618 islevens(olak.mA Janiese Stevens PO Box 8593 Kodiak, AK 99615 8. Marijuana Advocate 539-1014 iosiekodiak0amail.com Joanne Shaker PO Box 2898 Kodiak, AK 9961 9. Member at Large 4863329 539-2309 ibonney(nosLus Tuck Bonney (Chair) PO Box 2265 Kodiak, AK 99615 10. Member at Large 486-4750 539-2078 spaulsonitiradoet Shelley Paulson 962 Mallard Way Kodiak, AK 99615 11. Member at Large 539-6932 masterhunter1979(@amail.com Nicholas Tmxell, Jr. 1615 Larch Street Kodiak, AK 99615 This board is governed by Kodiak Island Borough Code 5.02 and Resolution No. FY2016-31. -BOROUGH CLERK'S OFFICE Nava M. Javier, MMC, Borough Clerk "6-9310 clerks�kodiakak.us 710 Mi9 Bay Road. Room 101, K o d lak, AK 99615 Revision Dale: 5/11/2015 Revised by: LP Page 11 of 11 Marijuana Task Force Recommendations To The Assembly Marijuana Task Force Recommendations Discussion Worksheets 1. Licenses/ Renewal Fees a. Application Fee: Kodiak Island Borough Application Fee would be 20% of the State fee reflected in AAC 306.100(a) a. State Fee is currently $1,000 b. Borough Fee $200 b. Annual License Fee: Kodiak Island Borough Annual License Fee would be 20% of the State fee schedule reflected in AAC 306.100 (d). a. Retail Marijuana Store License State currently $5,000, Borough $1,000 b. Limited Marijuana Cultivation Facility License State currently $1,000, Borough $200 c. Marijuana Cultivation Facility License State currently $5,000, Borough $1,000 d. Marijuana Concentrate Manufacturing Facility License State currently $1,000, Borough $200 e. Marijuana Product Manufacturing Facility License State currently $5,000, Borough $1,000 f. Marijuana Testing Facility License State currently $1,000, Borough $200 2. Taxes a. Sales Tax (no sales tax in the Borough): b. Excise Style Tax: The State of Alaska will be taxing $50 per ounce at the cultivation level. The committee was split on this issue. With a slight majority the committee recommended that the Borough look at taxing at the cultivation level as well. Numerous committee members felt that the issue of taxes was a broad policy issue that the Assembly needed to decide. 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