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2017-07-20 Regular MeetingPage 4-26 Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, July 20, 2017, 6:30 p.m., Assembly Chambers INVOCATION 3. ROLL CALL 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. 'APPROVAL OF MINUTES A. "Regular Meeting Minutes Of June 1 and June 15, 2017; and Special Meetings of May 25 and June 21, 2017. Minutes Binder for July 20 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. Longevity Award B. Individual Disaster Preparedness 8. COMMITTEE REPORTS 9. PUBLIC HEARING 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 1 of 136 27-32 A. Ordinance No. FY2017-01 B Amending Ordinance No. FY2017- 01, Fiscal Year 2017 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects Output Document (AS - 0632) - Pdf 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 33-64 A. Resolution No. FY2017-39 Disposing By Sale Of A ± 21 Acre Portion of T24S R24W TL 3301 Onion Bay. Output Document (AS - 0626) - Pdf 2017-07-18 Baer Onion Bay Contract 13. NEW BUSINESS A. Contracts B. Resolutions 65-74 B.1. Resolution No. FY2018-05 Changing The 911 Surcharge On All Local Exchange Access Lines In The Area From Seventy-five Cents To Two Dollars Per Month Resolution No. FY2018-05 911 Surcharge 75-85 B.2. Resolution No. FY2018-07 AML/JIA Three Year Participation Agreement. Output Document (AS - 0647) - Pdf 86-106 B.3. Resolution No. FY2018-06 Appointing Members to the Kodiak Fisheries Development Association Board of Directors (Linda Freed and Albert Tyler Schmeil). Resolution No. FY2018-06 KFDA Appointments - Pdf C. Ordinances for Introduction 107-120 C.1. Ordinance No.FY 2018-04 Amending KIBC Title 3 Revenue And Finance To Add Chapter 3.80 Excise Tax On Cigarettes And Other Tobacco Products. Ordinance No. FY2018-04 Excise Tax Tobacco - 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 @KodiakBorough www.kodiakak.us 91 Page 2 of 136 D. Other Items 121 -122 D.1. Assembly Approval To The Kodiak Fisheries Work Group Invitation Letter To The Subcommittee On Oceans, Atmosphere, and Fisheries. Output Document (AS - 0652) - Pdf 123-124 D.2. Support For Fisheries Innovation Fund Project Number 57743, "Chinook Salmon Hot Spot Reporting, Mapping And Avoidance Program For The Central Gulf Of Alaska Pollock Fishery." Output Document (AS - 0653) - Pdf 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. EXECUTIVE SESSION A. Offer To Settle A Grievance Brought On Behalf Of The Borough's Union -Represented Employees, Submitted By The International Brotherhood Of Electrical Workers, Local 1547. 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 125-136 A.I. Architectural/Engineering Review Board Regular Meeting Minutes Of April 3, 2017 And April 25, 2017; Solid Waste Advisory Board Regular Meeting Minutes Of May 15, 2017 and June 5, 2017; And Womens Bay Service Area Board Meeting Minutes Of May 2, 2017. Minutes of Other Meetings 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 v, v r.facebook.comiKodiakislandborouoh © @KodiakBorough wwww,kodiakak.us Page 3 of 136 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting June 1, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on June 1, 2017, 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 David Davis of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Laurie Pardoe. APPROVAL OF AGENDA AND CONSENT AGENDA LEDOUX moved to approve the agenda and consent agenda. SKINNER moved to amend the agenda by adding the release of the plastic bag ban legal opinion under other items. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY. APPROVAL OF MINUTES The special meeting minutes of May 11, 2017 were approved under the consent agenda. CITIZENS' COMMENTS Karen Yashin spoke in support of Contract No. FY2018-01 Animal Services Contract. David Blacketer, Senior Citizens of Kodiak Board Member, gave an update on the current activities and the services provided at the Senior Center. Pat Holmes appreciated the friendliness of the people in Kodiak and opposed the change to the property tax exemption structure. Rob Baer thanked the assembly members for their service. He spoke in support of Contract No. FY2017-38. Kodiak Island Borough Assembly Regular Meeting Minutes June 1, 2017 Page 1 of 9 "Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 4 of 136 AGENDA ITEM #5.A. AWARDS AND PRESENTATIONS Mayor Rohrer proclaimed the month of June 2017 as Filipino American Heritage Month and urged all citizens to participate in the festivities celebrating the rich heritage and traditions of the Philippine Islands. Mary Guilas Hawver, Filipino -American Association of Kodiak Board Member, accepted the proclamation. COMMITTEE REPORTS Assembly member Skinner attended the Parks and Recreation Committee meeting and announced that a joint work session with the City Parks and Recreation Committee was being planned. They hoped to consider a coordinated plan and conduct a needs assessment within the community. Assembly member Van Daele attended the Solid Waste Advisory Board Committee meeting and they discussed the possible plastic bag ban ordinance. Dave Conrad, Womens Bay Service Area Board Member, spoke in support of Resolution No. FY2017-41. He noted that this property is a valuable asset to the Womens Bay Service Area. PUBLIC HEARING 1. Ordinance No. FY2018-01 Levying Taxes On All Taxable Real And Personal Property Within The Kodiak Island Borough For All The Expenses And Liabilities Of The Kodiak Island Borough For The Fiscal Year Commencing On The First Day Of July 2017 And Ending On The Thirtieth Day Of June 2018 (Fiscal Year 2018 Budget). LEDOUX moved to adopt Ordinance No. FY2018-01 This agenda item and description served as the official transmission of the Manager's Budget to the Assembly pursuant to Kodiak Island Borough Code (KIBC) 3.15.030. The proposed budget considered the various policy directives codified in Title 3 of the KIBC. Mayor Rohrer opened the public hearing. Hearing and seeing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, Townsend, Van Daele, and Crow. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Thankful that the School sites are opened and unlocked and can be used for recreational purposes. • Announced that KIB was selected for a $600,000 Brownfields Assessment Grant. • Gave a brief overview on state of the State and the possible government shut down. • He noted that the essential air service cut is proposed under the President's budget. Kodiak Island Borough Assembly Regular Meeting Minutes June 1, 2017 Page 2 of 9 *Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 5 of 136 AGENDA ITEM #5.A. MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer reported on the following: • Clarified for the record that the Manager received a satisfactory performance evaluation. • Attended the Termination Point ribbon cutting celebration. • Announced that the June 29 work session and July 6 regular meeting were anticipated to be cancelled. UNFINISHED BUSINESS Resolution No. FY2018-02 Reestablishing The Fees For The Kodiak Island Borough The motion on the floor was to adopt Resolution No. FY2018-02. 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 April 2017. These fee changes were more in line with the budgetary needs for the 2018 fiscal year. SYMMONS moved to amend the Appeal to the Commission fee under Title 17 from $350 to $175. ROLL CALL VOTE ON MOTION TO AMEND CARRIED SIX TO ONE: Skinner, Symmons, Townsend, Van Daele, Crow, and LeDoux (Ayes); Smiley (No). ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, Crow, LeDoux, and Skinner. NEW BUSINESS Contracts Contract No. FY2017-38, Establishing An "Allowable Cut' Of Timber For Borough Land On Raspberry Island And Approving A Small Scale Timber Sale For 50 "House Logs" Amounting To Approximately 16,000 Board Feet Total. LEDOUX moved to approve the proposed allowable cut and refer the matter to the manager to complete negotiations for the related draft timber sale contract. TOWNSEND declared a conflict of interest and recused himself from voting on this item. Mayor Rohrer ruled that Assembly member Townsend had a conflict and would be excused from participating. Dave Townsend and Rob Baer had requested to buy 50 "house logs" from borough land adjoining their private property on Onion Bay, Raspberry Island. Staff had reviewed KIBC 18.70.010.0 and determined that the assembly must first approve an "allowable cut' in order to make timber available for sale. "Allowable cut' is defined in KIBC 18.70.080 and means the volume of timber that may be harvested within the principal of sustained -yield management. Kodiak Island Borough Assembly Regular Meeting Minutes June 1, 2017 Page 3 of 9 'Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 6 of 136 AGENDA ITEM #5.A. Sustained -yield management means that volume of wood fiber growth which will be naturally regenerated within a given area any special management effort. Alaska Division of Forestry indicated that the time to mature a forest of Sitka Spruce was about 200 years. This meant that 1/200th of a given forested area could be sustainably harvested in a given year. Staff had taken the area of Section 33 (540 acres) and calculated that the area was about 80% timbered. This meant that about 432 timbered acres were located within Section 33. 432 divided by 200 equals 2.16 acres could be sustainably harvested in a given year. 50 "house logs" is equivalent to 16,000 board feet and Alaska Division of Forestry had indicated that Sitka Spruce forest produces about 20,000 board feet of usable wood per acre. By doing the math staff had determined that the equivalent timber harvest of this proposal was 34,848 square feet or about .8 of an acre. The intent of the "Small Scale Timber Sale" was to keep the total harvest below the threshold of the Alaska Forest Resources and Practices Act (FRPA). That was not to say that the borough could not do larger sales, but that would be a much different negotiation similar to the recent experience with A-1 Timber, Inc. A timber sale that was not subject to FRPA was still subject to all other applicable environmental regulations so it was not in any way exempting the operator from compliance with those regulations. Staff had submitted this contract to the borough attorney for review and it could serve as a model for future small scale timber sales. The agreement had not been submitted to AML/JIA for risk management review however. Also, staff was concurrently negotiating for a generic "appraisal" to meet the requirement of KIBC 18.70.050 (Appraisal). The code required that the borough sell timber for appraisal value, at a minimum, but in reviewing this request and envisioning future requests, staff believed that the $1/linear foot price point reflected the cost to implement the small scale timber sale program. Staff had suggested some special conditions under section 19 of the draft contract that were intended to make the permittee more accountable and to minimize the need for staff travel and direct oversight. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Van Daele, Crow, LeDoux, Skinner, and Smiley. 2. Contract No. FY2017-39 Main Elementary School Elevated Walkway Repairs. VAN DAELE moved to authorize the Manager to execute Contract No. FY2017-39 with Wolverine Supply, Inc. of Wasilla, AK for the Main Elementary Elevated Walkway Repairs project in an Amount Not to Exceed $278,000. Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. This contract was for construction of the Main Elementary Elevated Walkway Repairs project. The walkway from Powell Avenue to the entrance of Main Elementary was closed in September 2016 due to safety concerns from corroded metal decking and falling concrete. The scope of work for this project was removal of the existing concrete walkway and installation of a new Kodiak Island Borough Assembly Regular Meeting Minutes June 1, 2017 Page 4 of 9 `Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 7 of 136 AGENDA ITEM #5.A. treated timber walkway. This work was scheduled to be completed this summer. Design was completed by PND Engineers, and approved by the Architectural/Engineering Review Board. An invitation to bid was issued on May 2, 2017, and bids were due and opened on May 24, 2017. Two bids were received. After reviewing bids, Staff had determined that Wolverine Supply, Inc. was the lowest responsive bidder. The recommended contract amount included award of the base bid to replace the walkway and the guardrail along the walkway, and an alternate to replace the balance of guardrail at the main entrance area. The existing guardrail was deteriorating and did not meet current safety codes. While it was not absolutely necessary to replace at this time, it would make sense and be most cost effective to do it at the same time as the work on the walkway. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, LeDoux, Skinner, Smiley, Symmons, and Townsend. 3. Contract No. FY2017-40 For Bayside and Womens Bay Fire Departments Structural Firefighter Protective Clothing. LEDOUX moved to authorize the Manager to negotiate the purchase of Structural Firefighter Protective Clothing from Municipal Emergency Services Inc. in the amount of $42,433.25. Bayside Volunteer Fire Department and Women's Bay Volunteer Fire Department had advertised and received two qualifying bids per KIB code. After review and evaluation of the submitted bids, the departments were recommending the higher priced bid from MES for the structural firefighting clothing. This recommendation was based upon the experience of the fire chiefs and the product literature provided by the vendors. Due to the materials, construction methods, integrated features and personal protection levels they believed this product would be superior for the health and safety of the firefighters. The price difference between low bidder and these garments was $163.90 per set. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. 4. Contract No. FY2018-01 Animal Control Services VAN DAELE moved to authorize the Manager to execute Contract No. FY2018-01 with the City of Kodiak to provide animal control services for the Kodiak Island Borough in the amount of $114,015. This was a renewal of the contract with the City of Kodiak to provide animal control services within the Borough in fiscal year 2018. SYMMONS moved to amend Contract No. FY2018-01 by reducing the contract amount by $55,000. ROLL CALL VOTE ON MOTION TO AMEND FAILED ONE TO SIX: Symmons (Aye); LeDoux, Skinner, Smiley, Townsend, Van Daele and Crow (Noes). Kodiak Island Borough Assembly Regular Meeting Minutes June 1, 2017 Page 5 of 9 'Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 8 of 136 AGENDA ITEM #5.A. ROLL CALL VOTE ON THE MAIN MOTION CARRIED SIX TO ONE: Smiley, Townsend, Van Daele, Crow, LeDoux, and Skinner (Ayes); Symmons (No) Resolutions 1. Resolution No. FY2017-39 Disposing By Sale Of A ± 21 Acre Portion of T24S R24W TL 3301 Onion Bay. VAN DAELE moved to adopt Resolution No. FY2017-39. TOWNSEND declared a conflict of interest and recused himself from voting on this item. Mayor Rohrer ruled that Assembly member Townsend had a conflict and would be excused from participating. VAN DAELE moved to postpone Resolution No. FY2017-39 to the July 20, 2017 assembly regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FIVE TO ONE: Smiley, Symmons, Van Daele, LeDoux, and Skinner (Ayes); Crow (No). 2. Resolution No. FY2017-40 Disposing Of Lot 2A, Block 1, Hospital Subdivision By Lease. SKINNER Moved to adopt Resolution No. FY2017-40. VAN DAELE moved to amend Lines 40-41 by striking out "planning and zoning" and replacing it with "assembly" and striking "amends' and replacing with "approves". ROLL CALL VOTE ON MOTION TO AMEND CARRIED FIVE TO TWO: Townsend, Van Daele, Crow, LeDoux, and Smiley (Ayes); Symmons, and Skinner (Noes). ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele, Crow, LeDoux, Skinner, and Smiley. 3. Resolution No. FY2017-41 Disposing By Lease Of Lot 1A, Block 1, Tract A, And Lot 4 Block 1, Tract A, Bells Flats Subdivision. VAN DAELE moved to adopt Resolution No. FY2017-41. VAN DAELE moved to amend Lines 41-42 by striking out "planning and zoning" and replacing it with "assembly" and striking "amends" and replacing with "approves". ROLL CALL VOTE ON MOTION TO AMEND CARRIED FIVE TO TWO: Townsend, Van Daele, Crow, LeDoux, and Smiley (Ayes); Skinner and Symmons (Noes). ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Van Daele, Kodiak Island Borough Assembly Regular Meeting Minutes June 1, 2017 Page 6 of 9 'Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 9 of 136 AGENDA ITEM #5.A. Crow, LeDoux, Skinner, Smiley, Symmons, and Townsend. Ordinances for Introduction None. Other Items 1. Waiver of Attorney Opinion regarding Plastic bags SKINNER moved to release and waive the attorney client privilege relating to the plastic bag ban legal opinion. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. CITIZENS' COMMENTS Judi Kidder reminded the Assembly that it is mandatory for the municipality to have some form of animal control. She advocated closer review of the contract. Mike Milligan thanked Assembly member Townsend for declaring a conflict of interest. He expressed his budget concerns. Pat Holmes complimented Clerk Javier for excellent customer service and he noted that he is impressed with the performance of Manager Powers. He noted that the Assembly is well balanced, rational, and functional. He also complimented Mayor Rohrer for doing a fine job presiding at meetings. Rob Baer was troubled with the postponement for Resolution No. FY2017-39. He reminded the Assembly that they did their due diligence with their application. ASSEMBLY MEMBERS' COMMENTS Assembly member Van Daele announced the ribbon cutting ceremony at Termination Point on Friday June 2. Assembly member Symmons spoke against making seniors pay tax exemption. He commented regarding the stalemate in the Alaska Legislature. He hoped that the applicants would get a positive result on their application for disposal of the sale of a ± 21 acre portion of T24S R24W TL 3301 in Onion Bay. Assembly member Townsend was glad to see the budget adopted. He appreciated the work of the staff and assembly members. Assembly member Crow announced that he had a nice tour of NOAA Ship Rainier. Kodiak Island Borough Assembly Regular Meeting Minutes June 1, 2017 Page 7 of 9 *Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 10 of 136 AGENDA ITEM #5.A. Assembly member LeDoux requested from staff to notify the public regarding the firewood resource in Chiniak. He was glad to see public access to the easements. He congratulated Director Bob Tucker for the replacement of the playground equipment in Chiniak and Finance Director Dora Cross for a job well done on the budget. He was glad to see the pleasure of how good things have gone since Managers Powers arrived at the Borough. Assembly member Smiley congratulated the Borough on receiving the $600,000 Brownfields grant. Announcements Mayor Rohrer announced that the next Assembly work session would be held on Thursday, June 8 at 6:30 p.m. in the borough conference room and the next Assembly regular meeting was scheduled for Thursday, June 15 at 6:30 p.m. in the borough assembly chambers. EXECUTIVE SESSION 1. Strategies In Negotiating The Hospital Lease. VAN DAELE moved to convene into executive session to discuss Strategies in Negotiating the Hospital Lease, a subject matter that the immediate public knowledge of which would tend to affect adversely the finances of the Borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, Townsend, Van Daele, and Crow. VAN DAELE moved to invite the Borough Mayor, Assembly members, Manager, Finance Director, and Clerk's Office Staff into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Rohrer recessed the regular meeting and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting and announced that no action is to be taken as a result of the executive session. 2. Borough Manager's Performance Evaluation VAN DAELE moved to convene into executive session to discuss the Borough Manager's Evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his character or reputation. Kodiak Island Borough Assembly Regular Meeting Minutes June 1, 2017 Page 8 of 9 Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 11 of 136 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. VAN DAELE moved to invite the Borough Mayor, Assembly, and Manager into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Rohrer recessed the regular meeting and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting and announced that the manager met satisfactory requirements and his salary should be adjusted as stated in his contract. ADJOURNMENT SYMMONS moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 10 p.m. ATTEST: KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes June 1, 2017 Page 9 of 9 *Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 12 of 136 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting June 15, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on June 15, 2017, 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 Sergeant Major Dave Blacketer of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Assembly members Kyle Crow, Larry LeDoux, Dave Townsend, Rebecca Skinner, Scott Smiley, Dennis Symmons, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Laurie Pardoe. SKINNER moved to excuse Mayor Rohrer who was absent due to personal leave VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA SKINNER moved to approve the agenda and consent agenda. SKINNER moved to amend the agenda and consent agenda by adding the approval of an Open Letter To The Alaska Legislature Regarding Impacts Of A Potential Shutdown Of Government Services On July 1, 2017 under Other Items. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS Nick Szabo, Solid Waste Advisory Board Chair Person, reported on the adopted resolution of the Board regarding the plastic bag ban. He recommended that the Assembly discuss this the City of Kodiak and hoped that both bodies adopt the same ordinance. The following spoke in support of the hospital lease resolution: Ron Acarregui, Melissa Longood, Rebecca Shields, and Dave Blacketer. Kodiak Island Borough Assembly Regular Meeting Minutes June 15, 2017 Page 1 of 12 *Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 13 of 136 AGENDA ITEM #5.A. Blythe Brown from the Kodiak Soil and Water Conservation District read a proclamation of the Governor which was also adopted by their Board regarding Invasive Plant Species Awareness Week. Mel Stephens commented on the plastic bag ban topic and suggested improvements on how the budget amendment ordinances are drafted. Rebecca Shields, Director of Kodiak Womens Resource and Crisis Center, spoke on behalf of Providence Medical Center and their service, partnerships, and programs. Cannot imagine living and working on the island without Providence. AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS Assembly member Townsend ARB met and approved drawings for bailer facility and agreed that the ARB should see the final copy of the plans before they recommend approval. PUBLIC HEARING Ordinance No. FY2017-21 Amending Chapters 17.25 KIBC (Definitions), 17.160 KIBC (Accessory Buildings), And Related Chapters Of Title 17, Zoning To Include Development Standards For Accessory Dwelling Units And To Specifically List Accessory Dwelling Units As A Permitted Use In Certain Residential Zoning Districts (P&Z Case No. 16-007). VAN DAELE moved to adopt Ordinance No. FY2017-21. This item was introduced on April 6, 2017 and was postponed to June 15, 2017. On June 15, this will be presented under public hearing. At the June 8th work session, the Assembly reviewed the reformatted version 1 from Assembly member Smiley. As a result of the discussion, Version 2 was presented to the Assembly as a substituted version. VAN DAELE moved to amend by substitution with Version 2 of the ordinance. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, Townsend, Van Daele, and Crow. Deputy Presiding Officer LeDoux opened the public hearing. The following spoke under public hearing: Ginny Shank, Jeff Stewart, Ben Holt, Matt Novello, Marian Painter. and Bob Tucker. Kodiak Island Borough Assembly Regular Meeting Minutes June 15, 2017 Page 2 of 12 'Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 14 of 136 AGENDA ITEM #5.A. Deputy Presiding Officer LeDoux closed the public hearing. CROW moved to amend 136-137 to delete the language within the parentheses that states: for example, structures where the projected roof area exceeds 120 square feet. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. CROW moved to amend line 154 to change from 25 to 35 feet. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, Crow, LeDoux, and Skinner. CROW moved to amend to delete lines 179-180. ROLL CALL VOTE ON MOTION TO AMEND FAILED TWO TO FIVE: Crow and Skinner (Ayes); Symmons, Townsend, Van Daele, LeDoux, and Smiley (Noes). TOWNSEND move to amend line 191 RR1-Rural Residential One District from under "conditional uses" and place it under "permitted uses." Assembly member CROW proposed a secondary amendment which failed three to four: Townsend, Crow, and Skinner (Ayes); Van Daele, LeDoux, Smiley, and Symmons (Noes). VAN DAELE moved to amend the amendment by moving RR1-Rural Residential One District from under conditional uses to permitted uses and insert "attached" at the end. ROLL CALL VOTE ON MOTION TO AMEND THE AMENDMENT CARRIED SIX TO ONE: Van Daele, Crow, LeDoux, Skinner, Smiley, and Symmons (Ayes); Townsend (No). ROLL CALL VOTE ON AMENDMENT AS AMENDED CARRIED UNANIOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. SKINNER moved to amend by removing "conexes" from line 211. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, Townsend, Van Daele, and Crow. CROW moved to amend lines 227-228 to replace last sentence with "an approved access walkway leading from the apparatus access road to the ADU entrance shall be provided." ROLL CALL VOTE ON MOTION TO AMEND FAILED THREE TO FOUR: Smiley, Symmons, and Crow (Ayes); Skinner, Townsend, Van Daele, and LeDoux (Noes). TOWNSEND line 265 add 17.00.020 "ADUs attached" and line 275 "ADUs detached." Kodiak Island Borough Assembly Regular Meeting Minutes June 15, 2017 Page 3 of 12 'Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 15 of 136 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Smiley, Symmons Townsend, Van Daele, Crow, LeDoux, and Skinner. SYMMONS move to amend line 210 to "ADUs shall be limited to 600 square feet." ROLL CALL VOTE ON MOTION TO AMEND FAILED TWO TO FIVE: Symmons and Skinner (Ayes); Townsend, Van Daele, Crow, LeDoux, and Smiley (Noes). SKINNER move to update the conditional uses and permitted uses to reflect previous changes. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Skinner, Smiley, and Symmons. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED SIX TO ONE: LeDoux, Smiley, Symmons, Townsend, Van Daele, and Crow (Ayes); Skinner (No). BOROUGH MANAGER'S REPORT Manager Powers briefly reported on the following: • Scheduling an executive session regarding the Watterson litigation on July 11 • Discussion regarding moving Work Sessions to the School District Conference Room • Working with Borough Attorney regarding tobacco taxation ordinance for introduction in July • Attorney general maintains that recreation and medical marijuana are a violation of federal law • Arrangements and movement of office spaces in CDD and managers office • Resource management officer starts on Monday. • Going paperless will be rolling out over the next several weeks • Working with Arts Council to bring art into the building MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2017-41 Kodiak Fisheries Research Center Digital Data Controls Upgrade. SKINNER moved to authorize the Manager to negotiate Contract No. FY2017-41, a sole source contract with LONG Building Technologies, Inc. for the upgrade of the ventilation controls including controller, programming of logic software and associated Feld devices. Kodiak Island Borough Assembly Regular Meeting Minutes June 15, 2017 Page 4 of 12 'Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 16 of 136 AGENDA ITEM #5.A. The controls and components for the ventilation systems at KFRC are outdated and no longer are supported by the factory. Due to the age of the devices and JAVA operating system the communications rate and quality has degraded to the point that the building temperature controls are not capable of providing consistent temperatures or air exchanges to the facility. The ability to monitor this system and receive alarms remotely is greatly diminished as JAVA updates are no longer available and pose a security threat. This sole source request is being made due to the age of the logic software. LONG was the original installer and has the ability to access the logic programming as it is currently proprietary. If LONG does not perform this work, the choice of an alternate contractor will increase the overall cost to the project as they do not have access or knowledge of the proprietary software and logic. The new BACnet field controllers and programming will result in faster communication rates to the various field devices therefore allowing more precise control capabilities for this heating and ventilation system. The new programming and logic will eliminate the priority software and logic allowing the KIB to place future maintenance and repairs to this system on the open market for bidding. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, LeDoux, Skinner, Smiley, Symmons, and Townsend. Resolutions 1. 'Resolution No. FY2018-03 Adopting To Participate In The Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. This item was approved under consent agenda. 2. Resolution No. FY2018-04 Approving A Lease of the Kodiak Island Hospital to Providence Health & Services VAN DAELE moved to adopt Resolution No. FY2018-04. Under the direction of a subcommittee of the assembly, a management team of borough staff have been negotiating a superseding lease agreement with Providence Health Systems staff. The terms of the superseding lease have been agreed upon by both parties and are provided in the attached recommended contract. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. Ordinances for Introduction Ordinance No. FY2017-01B Amending Ordinance No. FY2017-01, Fiscal Year 2017 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects SMILEY moved to adopt Ordinance No. FY2017-01 B in first reading to advance to public hearing at the next meeting of the Assembly. This budget adjustments accounts for the following: Kodiak Island Borough Assembly Regular Meeting Minutes June 15, 2017 Page 5 of 12 'Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 17 of 136 AGENDA ITEM #S.A. • Increase Fund 100 - General Fund Use of Fund Balance to reimburse Fund 234 - LEPC $18,337.65 for unreimbursed expenses from 2004-2016. • Increase Fund 210 — Land Sales revenues by $307,400 for the sale of Borough fixed assets (land) during Land Sale #19. • Increase Fund 220 - Building and Grounds Use of Fund Balance by $336,370 and transfer funds to Fund 469 - Renewal and Replacement Projects project #17005 Main Elementary Walkway. • Increase Fund 252 — Womens Bay Fire Department Use of Fund Balance by $50,000; $40,000 to complete the generator installation and $10,000 for purchase of new turnout gear. • Increase Fund 254 - KIB Airport Fire District Use of Fund Balance by $30,000 for 3rd party fire hydrant installation and repairs. • Increase Fund 276 — Facility Fund Use of Fund Balance by $297,584; $286,454 to Fund 300 Debt Service to help defray the Governor's Veto (25% reduction to State School Debt Reimbursements) and to reduce the subsequent loan from the Fund 100 - General Fund, and $11,130 to Fund 469 - Renewal and Replacement Projects project # 17005 Main Elementary Walkway. • Fund 426 - Capital Projects: reduce budget for project #12015 KFRC Energy Project, return $19,179.97 of excess funds to Fund 555 - KFRC (Kodiak Fisheries Research Center) and close project. • Fund 450 - Capital Projects: reduce budget for project #12016 Fire Protection Area #1 Emergency Generator, return $57,492.57 of unused funds to Fund 250 - Fire Protection Area #1 and close project. • Fund 469 - Renewal and Replacement Projects #11004 Ahkiok Teacherage: reduce budget by $14.65 and move funds to Fund 450 - Capital Projects project #12009 Chiniak Warning Sirens to pay for expenditures that exceeded the budget and close project. • Fund 469 - Renewal and Replacement Projects project #11004 Ahkiok Teacherage: reduce budget by $1,866.75 and move funds to Fund 450 - Capital Projects project # 12011 Emergency Generator to pay for expenditures that exceeded the budget and close project. • Fund 469 - Renewal and Replacement Projects: reallocate $45,000 from project #11009 Island Wide UST Removal/Replacement to project #11003 Chiniak Remote UST. • Fund 469 - Renewal and Replacement Projects: reallocate $1,230,319.33 from #13010 Kodiak Middle School HVAC Controls to project #13006 Borough Building Rehab and close project . • Fund 469 - Renewal and Replacement Projects: reallocate $43,183.66 from #12001 North Star Elementary Exterior Repairs to project #13006 Borough Building Rehab and close project • Fund 470 - Capital Projects: reallocate $60,000 from project #15003 Roofing Replacement to project #15010 Playground Replacement. • Fund 470 - Capital Projects: reallocate $20,000 from project #15003 to project #15008 Flooring Replacement. • Fund 495 - Capital Projects project #08004 Compu Assisted Appraisal Collection Program: reduce budget by $41,160.84 and close project. • Fund 495 - Capital Projects: reduce budget by $4,297,013.83 for project #09010 Long - Term Care Center and close project. • Increase Fund 530 - Municipal Solid Waste Collection Use of Fund balance by $20,000 to pay for software and software security upgrades. Kodiak Island Borough Assembly Regular Meeting Minutes June 15, 2017 Page 6 of 12 *Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 18 of 136 AGENDA ITEM #5.A. Decrease 540- Hospital Fund Advance to Fund 469 by $2,474,937.62 to pay off the 2015 loan by reducing the budgets and transferring funds from the following projects in Fund 469 - Renewal and Replacement Projects: o Project #11002 East Elementary Generator - $62,637.17 and close project o Project #11004 Ahkiok Teacherage - $43,497.60 and close project o Project #12005 East Elementary & Peterson Flooring - $733,170.21 and close o Project #12006 KMS Elevator Controls - $51,794.40 and close project o Project #12007 Larsen Bay School Roof Replacement - $60,037.29 and close project o Project #12008 Main Underground Storage Tank - $0.77 and close project o Project #13007 Port Lions Exterior Painting $35,549.51 and close project o Project #13010 Kodiak Middle School HVAC Controls $306,935.67 o Project #13011 Peterson HVAC Controls $624,427.00 and close project o Project #13012 Middle School Paving $415,383.00 and close project o Project #13013 Auditorium Flooring Foyer & Hall $141,505 and close project Move the following FY2016 balance sheet items from Fund 540 - Hospital to fund 545 - Long -Term Care Center: o Cash - $2,184,444.00 o Custodial Cash with BNYMellon - $1,346,689.50 o Building - $15,567,986.00 o Accumulated Depreciation - $43,244.00 o Revenue Bonds Principal - $15,880,000.00 o Unamortized Premium on Bonds - $1,365,855.00 o Retained Earnings- $1,812,552.20 Increase Fund 555 — KFRC (Kodiak Fisheries and Research Center) Use of Fund Balance by $580,000; $380,000 for additional repair work to the HVAC system, $100,000 for fire and sprinkler system and $100,000 for pump repairs. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, Townsend, Van Daele, and Crow. Other Items Approval Of A Letter Of Support To Kodiak Area Native Association's Application For The FY2017 Partnership Planning Funding From the United States Economic Development Administration. VAN DAELE moved to approve the letter of support to KANA's application for the FY2017 Partnership Funding from the United States Economic Development Administration. KANA receives a small grant from the United States Economic Development Administration that is used for the development and administration of the Kodiak Rural Regional Comprehensive Economic Development Strategy (CEDS) and associated economic development activities impacting the Kodiak Rural Region. The grant application asks for a letter from a government entity acknowledging that the non-profit is acting in cooperation with officials of the government entity. Kodiak Island Borough Assembly Regular Meeting Minutes June 15, 2017 Page 7 of 12 *Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 19 of 136 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. Letter Of Support To Kodiak Electric Association's Upper Hidden Basin Diversion At Terror Lake Hydroelectric Project. VAN DALE moved to approve the letter of support to Kodiak Electric Association's Upper Hidden Basin Diversion at Terror Lake Hydroelectric Project. The Federal government has requested that State Governors forward shovel ready, infrastructure project financing requests to them. The Governor has some projects he is going to put forward but given his background in municipal government he is requesting local municipalities bring forward funding requests that meet the criteria he is looking to support. The letter was specifically sent to all municipalities and tribal organizations. Mayor Rohrer thought about Kodiak and shovel ready projects and the 70 million plus KEA project came to mind. He confirmed with the Governor's office that a municipality could bring forward a local cooperatives project and they agree that it would be appropriate. The time line on this is the end of the month. Attached in the packet is a white paper on the project. If this project were to be accepted and funded it would save the community a lot of money. KEA's project is a hovel ready project with most permits in hand and the rest of the permits are anticipated by the end of summer at the latest. This request would fair well given the national recognition KEA has received and the overall momentum currently behind KEA. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, Crow, LeDoux, and Skinner. 3. Open Letter To The Alaska Legislature Regarding Impacts Of A Potential Shutdown Of Government Services On July 1, 2017. SKINNER moved to approve the open letter to the Alaska Legislature. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele, Crow, LeDoux, Skinner, and Smiley. CITIZENS' COMMENTS Jeff Stewart commented that he was in favor of the changes in the ADUC ordinance. ASSEMBLY MEMBERS' COMMENTS Kodiak Island Borough Assembly Regular Meeting Minutes June 15, 2017 Page 8 of 12 *Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 20 of 136 AGENDA ITEM #5.A. Assembly member Symmons thanked DPO LeDoux for running a good meeting and he also thanked the citizens and staff members who attended. Assembly member Skinner urged the Assembly to engage in a dialogue regarding the proposed plastic bag ban. Assembly member Crow would like to see the plastic bag ban on the ballot this year. Assembly member Van Daele noted that the plastic bag ban discussion is on the JWS agenda. He wished everyone a happy and safe 4'h of July Holiday. Assembly member Smiley thanked Sara Mason for helping the Assembly through the ADU process. He thanked the manager and hospital staff for their work on the hospital lease. Assembly member LeDoux would like to hear what the Coast Guard plans are in Kodiak. He said there will be a closer and interactive partnership between the Borough and the school district to maintain buildings. He also thanked CDD Director Mason and her staff regarding the ADU ordinance. Announcements Deputy Presiding Officer LeDoux announced that the Assembly and City Council would meet on Wednesday, June 21 for a joint work session at 7:30 p.m. in the Kodiak Public Library multi- purpose room. The Assembly work session scheduled on June 29 and the July 6 regular meeting had been canceled. The next Assembly work session would be held on Thursday, July 13 at 6:30 p.m. in the school district conference room and the next Assembly regular meeting was scheduled for Thursday, July 20 at 6:30 p.m. in the borough assembly chambers. EXECUTIVE SESSION 1. Borough Clerk's Performance Evaluation SKINNER moved to covene into executive session to discuss the Borough Clerk's Performance Evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice her character or reputation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Skinner, Smiley, and Symmons. SKINNER moved to invite the Deputy Presiding Officer, Assembly, and Borough Clerk into executive session. Kodiak Island Borough Assembly Regular Meeting Minutes June 15, 2017 Page 9 of 12 'Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 21 of 136 AGENDA ITEM #5.A. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Deputy Presiding Officer LeDoux recessed the regular meeting and convened the executive session. Upon returning from the executive session, Deputy Presiding Officer LeDoux reconvened the regular meeting and announced that the Assembly had discussed the Borough Clerk's Performance Evaluation and noted that the Clerk had a satisfactory performance evaluation review. ADJOURNMENT CROW moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough June 15, 2017 Assembly Regular Meeting Minutes Page 10 of 12 *Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 22 of 136 AGENDA ITEM #S.A. KODIAK ISLAND BOROUGH Assembly Special Meeting May 25, 2017 A special meeting of the Kodiak Island Borough Assembly was held on May 25, 2017, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 9:47 p.m. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, and Deputy Clerk Laurie Pardoe. CITIZENS COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING 1. Executive Session To Discuss The Borough Manager's Evaluation LEDOUX moved to convene into executive session to discuss the Borough Manager's Evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his character or reputation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. LEDOUX moved to invite the Borough Mayor, Assembly, and Manager into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Rohrer recessed the regular meeting and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting and announced that Manager Powers' evaluation was found to be satisfactory and the Assembly was looking forward to his second year as Borough Manager. ADJOURNMENT CROW moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Kodiak Island Borough May 25, 2017 Assembly Special Meeting Minutes Page 1 of 2 *Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 23 of 136 The special meeting was adjourned at 10:50 p.m. ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough May 25, 2017 AGENDA ITEM #S.A. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Approved on: Assembly Special Meeting Minutes Page 2 of 2 'Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 24 of 136 AGENDA ITEM #S.A. KODIAK ISLAND BOROUGH Assembly Special Meeting June 21, 2017 A special meeting of the Kodiak Island Borough Assembly was held on June 21, 2017, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:37 p.m. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Rebecca Skinner, Scott Smiley, and Dave Townsend. Also present were Borough Manager Michael Powers, and Borough Clerk Nova Javier. SKINNER moved to excuse Larry LeDoux, Dennis Symmons, and Matthew Van Daele who were out due to personal leave. CITIZENS COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Executive Session To Discuss Settlement Negotiations Between The Kodiak Island Borough And Energy Plus Homes. SKINNER moved to convene into executive session to discuss Settlement Negotiations Between The Kodiak Island Borough and Energy Plus Homes which qualifies for executive session per KIBC 2.30.030(F.1.b) any matter the immediate public knowledge of which would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, Skinner, Smiley, and Townsend. SKINNER moved to invite the Borough Mayor, Assembly, Manager, and Clerk into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Rohrer recessed the regular meeting and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting and announced that additional instruction was given to the manager regarding the settlement. Kodiak Island Borough Assembly Special Meeting Minutes May 25, 2017 Page 1 of 2 "Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 25 of 136 ADJOURNMENT TOWNSEND moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The special meeting was adjourned at 6:55 p.m. ATTEST: AGENDA ITEM #S.A. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough June 21. 2017 Assembly Special Meeting Minutes Page 2 of 2 *Regular Meeting Minutes Of June 1 and June 15, 2017; and Sp... Page 26 of 136 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH STAFF REPORT . < JULY 20, 2017 rb,�. ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2017-01B Amending Ordinance No. FY2017-01, Fiscal Year 2017 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects ORIGINATOR: Dora Cross RECOMMENDATION: To adopt Ordinance No. FY2017-01 B. DISCUSSION: This budget adjustments accounts for the following: • Increase Fund 100 - General Fund Use of Fund Balance to reimburse Fund 234 - LEPC $18,337.65 for unreimbursed expenses from 2004-2016. • Increase Fund 210 — Land Sales revenues by $307,400 for the sale of Borough fixed assets (land) during Land Sale #19. • Increase Fund 220 - Building and Grounds Use of Fund Balance by $336,370 and transfer funds to Fund 469 - Renewal and Replacement Projects project #17005 Main Elementary Walkway. • Increase Fund 252 — Womens Bay Fire Department Use of Fund Balance by $50,000; $40,000 to complete the generator installation and $10,000 for purchase of new turnout gear. • Increase Fund 254 - KIB Airport Fire District Use of Fund Balance by $30,000 for 3rd party fire hydrant installation and repairs. • Increase Fund 276 — Facility Fund Use of Fund Balance by $297,584; $286,454 to Fund 300 Debt Service to help defray the Governor's Veto (25% reduction to State School Debt Reimbursements) and to reduce the subsequent loan from the Fund 100 - General Fund, and $11,130 to Fund 469 - Renewal and Replacement Projects project # 17005 Main Elementary Walkway. • Fund 426 - Capital Projects: reduce budget for project #12015 KFRC Energy Project, return $19,179.97 of excess funds to Fund 555 - KFRC (Kodiak Fisheries Research Center) and close project. • Fund 450 - Capital Projects: reduce budget for project #12016 Fire Protection Area #1 Emergency Generator, return $57,492.57 of unused funds to Fund 250 - Fire Protection Area #1 and close project. • Fund 469 - Renewal and Replacement Projects #11004 Ahkiok Teacherage: reduce budget by $14.65 and move funds to Fund 450 - Capital Projects project #12009 Chiniak Warning Sirens to pay for expenditures that exceeded the budget and close project. • Fund 469 - Renewal and Replacement Projects project #11004 Ahkiok Teacherage: reduce budget by $1,866.75 and move funds to Fund 450 - Capital Projects project # 12011 Emergency Generator to pay for expenditures that exceeded the budget and close project. • Fund 469 - Renewal and Replacement Projects: reallocate $45,000 from project #11009 Island Wide UST Removal/Replacement to project #11003 Chiniak Remote UST. • Fund 469 - Renewal and Replacement Projects: reallocate $1,230,319.33 from #13010 Kodiak Middle School HVAC Controls to project #13006 Borough Building Rehab and close project . • Fund 469 - Renewal and Replacement Projects: reallocate $43,183.66 from #12001 North Star Elementary Exterior Repairs to project #13006 Borough Building Rehab and close project • Fund 470 - Capital Projects: reallocate $60,000 from project #15003 Roofing Replacement to Kodiak Island Borough Ordinance No. FY2017-01B Amending Ordinance No. FY2017-01, F... Page 27 of 136 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH STAFF REPORT JULY 20. 2017 .A. r ASSEMBLY REGULAR MEETING oa , project #15010 Playground Replacement. • Fund 470 - Capital Projects: reallocate $20,000 from project #15003 to project #15008 Flooring Replacement. • Fund 495 - Capital Projects project #08004 Compu Assisted Appraisal Collection Program: reduce budget by $41,160.84 and close project. • Fund 495 - Capital Projects: reduce budget by $4,297,013.83 for project #09010 Long -Term Care Center and close project. • Increase Fund 530 - Municipal Solid Waste Collection Use of Fund balance by $20,000 to pay for software and software security upgrades. • Decrease 540- Hospital Fund Advance to Fund 469 by $2,474,937.62 to pay off the 2015 loan by reducing the budgets and transferring funds from the following projects in Fund 469 - Renewal and Replacement Projects: o Project #11002 East Elementary Generator - $62,637.17 and close project o Project #11004 Ahkiok Teacherage - $43,497.60 and close project o Project #12005 East Elementary & Peterson Flooring - $733,170.21 and close o Project #12006 KMS Elevator Controls - $51,794.40 and close project o Project #12007 Larsen Bay School Roof Replacement - $60,037.29 and close project o Project #12008 Main Underground Storage Tank - $0.77 and close project o Project #13007 Port Lions Exterior Painting $35,549.51 and close project o Project#13010 Kodiak Middle School HVAC Controls $306,935.67 o Project #13011 Peterson HVAC Controls $624,427.00 and close project o Project #13012 Middle School Paving $415,383.00 and close project o Project #13013 Auditorium Flooring Foyer & Hall $141,505 and close project • Move the following FY2016 balance sheet items from Fund 540 - Hospital to fund 545 - Long - Term Care Center: o Cash- $2,184,444.00 o Custodial Cash with BNYMellon - $1,346,689.50 o Building - $15,567,986.00 o Accumulated Depreciation - $43,244.00 o Revenue Bonds Principal - $15,880,000.00 o Unamortized Premium on Bonds - $1,365,855.00 o Retained Earnings- $1,812,552.20 • Increase Fund 555 — KFRC (Kodiak Fisheries and Research Center) Use of Fund Balance by $580,000; $380,000 for additional repair work to the HVAC system, $100,000 for fire and sprinkler system and $100,000 for pump repairs. ALTERNATIVES: FISCAL IMPACT: This budget amendment will have the following impact on fund balances: Fund 100: $268,116.35 Fund 210: $307,400.00 Fund 220: ($336,370) Fund 234: $18,337.65 Fund 250: $57,492.57 Fund 252: ($50,000.00) Fund 254: ($30,000.00) Kodiak Island Borough Ordinance No. FY2017-01B Amending Ordinance No. FY2017-01, F... Page 28 of 136 Fund 276: (297,584.00) Fund 426: ($19,179.97) Fund 450: ($55,611.17) Fund 469: ($2,129,319.02) Fund 530: ($20,000.00) Fund 540:($19,099,119.50) Fund 545: $19,099,119.50 Fund 555: ($560,820.03) OTHER INFORMATION: Kodiak Island Borough KODIAK ISLAND BOROUGH STAFF REPORT JULY 20, 2017 ASSEMBLY REGULAR MEETING AGENDA ITEM O.A. Ordinance No. FY2017-01B Amending Ordinance No. FY2017-01, F... Page 29 of 136 1 2 3 4 5 6 7 8 9 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #9.A. Introduced by: Borough Manager Drafted by: Finance Director Introduced on: 06/15/2017 Public Hearing Date: 07/20/2017 Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-018 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING ORDINANCE NO. FY2017-01, FISCAL YEAR 2017 BUDGET, BY AMENDING BUDGETS TO ACCOUNT FOR VARIOUS REVENUES THAT ARE OVER BUDGET, PROVIDING FOR ADDITIONAL EXPENDITURES AND MOVING FUNDS BETWEEN PROJECTS. WHEREAS, increase Fund 100 — General Fund use of fund balance to reimburse Fund 234 — LEPC $18,337.65 for unreimbursed expenses from 2004-2016; and WHEREAS, increase Fund 210 — Land Sales revenues by $307,400 for the sale of Borough fixed assets (land) during Land Sale #19; and WHEREAS, increase Fund 220 — Buildings and Grounds use of fund balance by $336,370 to transfer funds to Fund 469 — Renewal and Replacement Fund project #17005 Main Elementary Walkway; and WHEREAS, increase Fund 252 — Womens Bay Fire Department use of fund balance by $50,000; $40,000 to complete the generator installation and $10,000 for purchase of new turnout gear; and WHEREAS, increase Fund 254 — KIB Airport Fire District use of fund balance by $30,000 for 3rtl party fire hydrant installation and repairs. WHEREAS, increase Fund 276 — Facilities Fund use of fund balance by $297,584; $286,454 to Fund 300 — Debt Service to help defray the Governor's Veto (25% reduction to Slate School Debt Reimbursements) and to reduce the subsequent loan from Fund 100 — General Fund, and $11,130 to Fund 469 — Renewal and Replacement Fund project #17005 Main Elementary Walkway; and WHEREAS, decrease Fund 426 — Capital Projects Fund project #12015 KFRC Energy Project by $19,179.97, and return $19,179.97 of excess funds to Fund 555 — KFRC (Kodiak Fisheries Research Center) and close project #12015; and WHEREAS, decrease Fund 450 — Capital Projects Fund project #12016 Fire Protection Area #1 Emergency Generator by $57,492.57, and return $57,492.57 of unused funds to Fund 250 — Fire Protection Area #1 and close project #12016; and Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-01 B Page 1 of 3 Version 1 Ordinance No. FY2017-01B Amending Ordinance No. FY2017-01, F... Page 30 of 136 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 AGENDA ITEM #9.A. WHEREAS, decrease Fund 469 — Renewal and Replacement Projects project #11004 Ahkiok Teacherage by $14.65 and move funds to Fund 450 — Capital Projects project #12009 Chiniak Warning Sirens to pay for expenditures that exceeded the budget and close project #12009; and WHEREAS, decrease Fund 469 — Renewal and Replacement Projects project #11004 Ahkiok Teacherage by $1,866.75 and move funds to Fund 450 — Capital Projects project #12011 Emergency Generator to pay for expenditures that exceeded the budget and close project #12011; and WHEREAS, reallocate $45,000 from Fund 469 — Renewal and Replacement Projects project #11009 Island Wide UST Removal/Replacement to Fund 469 — Renewal and Replacement Projects project #11003 Chiniak Remote UST; and WHEREAS, reallocate $1,290,319.33 from Fund 469 — Renewal and Replacement Projects project#13010 Kodiak Middle School HVAC Controls to Fund 469 — Renewal and Replacement Projects project#13006 Borough Building Rehab and close project#13010; and WHEREAS, reallocate $43,183.66 from Fund 469 — Renewal and Replacement Projects project #12001 North Star Elementary Exterior Repairs to Fund 469 — Renewal and Replacement Projects project #13006 Borough Building Rehab and close project #12001; and WHEREAS, reallocate $60,000 from Fund 470 — Capital Projects project #15003 Roofing Replacement to Fund 470 — Capital Projects project #15010 Playground Replacement; and WHEREAS, reallocate $20,000 from Fund 470 — Capital Projects project #15003 Roofing Replacement to Fund 470 — Capital Projects project #15008 Flooring Replacement; and WHEREAS, decrease Fund 495 — Capital Projects project #08004 Computer Assisted Appraisal Collection Program by $41,160.84 and close project #08004; and WHEREAS, decrease Fund 495 — Capital Projects project #09010 Long -Term Care Center by $4,297,013.83 and close project #09010; and WHEREAS, increase Fund 530 — Municipal Solid Waste Collection use of fund balance by $20,000 to pay for software and software security upgrades; and WHEREAS, decrease Fund 540 — Hospital Fund Advance to Fund 469 — Renewal and Replacement Projects by $2,474,937.62 to pay off the 2015 loan by reducing the budgets and transferring funds from the following projects in Fund 469 — Renewal and Replacement Projects: • Project #11002 East Elementary Generator by $62,637.17 and close project #11002 • Project #11004 Ahklok Teacherage by $43,497.60 and close project #11004 • Project #12005 East Elementary & Peterson Flooring by $733,170.21 and close project #12005 • Project #12006 KMS Elevator Controls by $51,794.40 and close project #12006 Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-01 B Page 2 of 3 Version 1 Ordinance No. FY2017-01B Amending Ordinance No. FY2017-01, F... Page 31 of 136 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 AGENDA ITEM #9.A. • Project #12007 Larsen Bay School Roofing Replacement by $60,037.29 and close project #12007 • Project #12008 Main Underground Storage Tank by $0.77 and close project #12008 • Project #13007 Port Lions Exterior Painting by $35,549.51 and close project #13007 • Project #13010 Kodiak Middle School HVAC Controls by $306,935.67 • Project #13011 Peterson HVAC Controls by $624,427.00 and close project #13011 • Project #13012 Middle School Paving by $415,383.00 and close project #13012 • Project #13013 Auditorium Flooring Foyer & Hall by $141,505.00 and close project #13013; and WHEREAS, move the following FY2016 balance sheet items from Fund 540 — Hospital Fund to Fund 545 — Long -Term Care Center: • Cash -$2,184,444.00 • Custodial Cash with The Bank of New York Mellon - $1,346,689.50 • Building - $15,567,986.00 • Accumulated Depreciation - $43,244.00 • Revenue Bonds Principal - $15,880,000.00 • Unamoritized Premium on Bonds - $1,365,855.00 • Retained Earnings - $1,812,552.20 WHEREAS, increase Fund 555 — KFRC (Kodiak Fisheries Research Center) use of fund balance by $580,000; $380,000 for additional repair work to the heating, ventilation, and air conditioning (HVAC) system, $100,000 for fire and sprinkler system and $100,000 for pump repairs; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: ATTEST: Nova M. Javier, MMC, Clerk Kodiak Island Borough, Alaska Ordinance No. FY2017-01 B Deletion — Red, Strikeout Page 3 of 3 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY2017-01B Amending Ordinance No. FY2017-01, F... Page 32 of 136 AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH STAFF REPORT JULY 20, 2017 ASSEMBLY REGULAR MEETING It4 l SUBJECT: Resolution No. FY2017-39 Disposing By Sale Of A ± 21 Acre Portion of T24S R24W TL 3301 Onion Bay. ORIGINATOR: Daniel McKenna -Foster RECOMMENDATION: The motion is on the floor is to adopt Resolution No. FY2017-39. Staff recommends amendment by substitution with Version 2 of Resolution No. FY2017-39. DISCUSSION: This resolution was postponed from the June 1, 2017 meeting to the July 20, 2017 regular meeting. Staff has included an updated draft resolution, titled Version 2, that makes change to Section 1. "Planning and Zoning Commission" has been changed to "Assembly" and "recommends" has been changed to "approve". ALTERNATIVES: Land may be disposed of by the Borough by several means including direct negotiation or by public auction. FISCAL IMPACT: Possible surveying costs. OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 33 of 136 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 AGENDA ITEM #12.A. Introduced by: Community Development Requested by: Community Development Drafted by: Community Development Staff Introduced on: 06/01/2017 Postponed to: 07/20/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2017-39 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH TO DISPOSE OF A±21 ACRE PORTION OF T24S R24W TL 3301 ONION BAY IF & Z CASE NO. 17-021) WHEREAS, Dave Townsend and Rob Baer have requested disposal of a ± 21 acre portion of T24S R24W TL 3301 Onion Bay; and WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation to the Assembly by resolution regarding the proposed land disposal; and WHEREAS, the principal purpose of the Planning & Zoning Commission review is to consider if the land identified is surplus to the Borough's need; and WHEREAS, the Planning & Zoning Commission has found that the parcel identified for disposal is surplus to the public's need based on its review; and WHEREAS, the Planning & Zoning Commission held a public hearing on April 19, 2017 to consider this land disposal request. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: The Kodiak Island Bermm-h Wanaing B Zoning Von, in accordance with Title 18 of the Kodiak Island Borough Code, recommends disposal of ± 21 acre portion of T24S R24W TL 3301 Onion Bay. Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, has determined, after a public hearing on April 19, 2016, that the aforementioned property is surplus to the public's need. Section 3: The aforementioned property should be offered for sale 4y..�rrr1 .�� 1. ��' -"^*mat public auction. Section 4: The section of the parcel that is sold shall include all appropriate easements to ensure continued access for land -locked property owners in the immediate area. Kodiak Island Borough, Alaska Resolution No. FY2017-39 Page 1 of 2 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 34 of 136 AGENDA ITEM #12.A. 50 51 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 52 THIS DAY OF .2017. 53 54 KODIAK ISLAND BOROUGH ATTEST: 55 56 57 58 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 59 60 VOTES: 61 Ayes: 62 Noes: Kodiak Island Borough, Alaska Resolution No. FY2017-39 Page 2of2 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 35 of 136 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 SUBSTITUTED VERSION 2 Correcting Section 1 AGENDA ITEM #12.A. Introduced by: Community Development Requested by: Community Development Drafted by: Community Development Introduced on: 06/01/2017 Amended: Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2017-39 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH TO DISPOSE OF A±21 ACRE PORTION OF T24S R24W TL 3301 ONION BAY (P & Z CASE NO. 17-021) WHEREAS, Dave Townsend and Rob Baer have requested disposal of a ± 21 acre portion of T24S R24W TL 3301 Onion Bay; and WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation to the Assembly by resolution regarding the proposed land disposal; and WHEREAS, the principal purpose of the Planning & Zoning Commission review is to consider if the land identified is surplus to the Borough's need; and WHEREAS, the Planning & Zoning Commission has found that the parcel identified for disposal is surplus to the public's need based on its review; and WHEREAS, the Planning & Zoning Commission held a public hearing on April 19, 2017 to consider this land disposal request. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: The Kodiak Island Borough Assembly, in accordance with Title 18 of the Kodiak Island Borough Code, reseFaaaends approves disposal of ± 21 acre portion of T24S R24W TL 3301 Onion Bay. Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, has determined, after a public hearing on April 19, 2016, that the aforementioned property is surplus to the public's need. Section 3: The aforementioned property should be offered for sale by direct negotiation or at public auction. Section 4: The section of the parcel that is sold shall include all appropriate easements to ensure continued access for land -locked property owners in the immediate area. Kodiak Island Borough, Alaska Resolution No. FY2017-39 Page 1 of 2 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 36 of 136 AGENDA ITEM #12.A. 50 51 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 52 THIS DAY OF .2017. 53 54 KODIAK ISLAND BOROUGH ATTEST: 55 56 57 58 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 59 60 VOTES: 61 Ayes: 62 Noes: Kodiak Island Borough, Alaska Resolution No. FY2017-39 Page 2 of 2 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 37 of 136 AGENDA ITEM #12.A. From: Rob Baer rmallto:kodiakrob(clor Sent: Tuesday, May 16, 2017 8:03 AM To: Clerks Subject: Case #17-021 Borough Clerk, I'm submitting this letter in hopes of it being submitted to the borough assembly and read to the assembly during the meeting in which they will review the resolution. Because this case and resolution are not currently on the borough schedule or agenda I do not know exactly when it will appear but I'd expect it to be the first week on June. I will be out at sea at that time and I'd really appreciate it staff could please read and present this letter at that time. Thank you, Rob Baer 907-942-2237 Mr. Mayor and members of the assembly, I thank you for service and I apologize for not presenting to you in person but I'm currently at sea. I wish to express my support for resolution XXX in which my brother and I have submitted a proposal to purchase Borough owned land within Onion Bay on Raspberry Island. We currently own a 5.25 acre parcel on the north side of the proposed parcel. Purchasing and securing this additional land would enable us to remove a few trees that are blocking winter solar exposure to the south of our lot and it would enable us to selectively harvest a few other trees for lumber. Within your packet you will find a copy of a letter we sent to all of the land owners in Onion Bay detailing who we are and what our intentions are. We sent this letter out on March 7th and have yet to receive one response in opposition. I support and agree with all of the findings of facts from the Planing and Zoning Commission's April 19th 2017 regular meeting, including item #4 in which we agree that a Borough owned flag will remain in place to enable access to private and public lands behind this proposed lot. I appreciate your time in considering this case. Thank you, Rob Baer 2847Lakeview Dr. Kodiak AK 99615 907-942-2237 From: Nova Javier Sent: Tuesday, May 16, 2017 2:14 PM To: 'Rob Baer' Subject: RE: Case #17-021 Hello Mr. Baer, We will make sure that your letter is distributed to the Assembly and that it is attached to the packet for June 1". A copy of the resolution is attached and the resolution number assigned to it is Resolution No. FY2017-39. I will remind the Mayor on June 1" regarding your request that this letter be read into the record. Thank you, Nova Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 38 of 136 9 10 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 AGENDA ITEM #12.A. Introduced by Resource Management Requested by: Borough Assembly Drafted by: coo Adopted: XX1XX12017 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RESOLUTION NO. FY2017-18 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING DISPOSAL OF A ±21 ACRE PORTION OF T24S R24W TL 3301 ONION BAY (P & Z CASE NO. 17-021) WHEREAS, the Dave Townsend and Rob Baer have requested disposal of a ± 21 acre portion of T24S R24W TL 3301 Onion Bay; WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation to the Assembly by resolution regarding the proposed land disposal; and WHEREAS, the principal purpose of the Planning & Zoning Commission review is to consider if the land Identified Is surplus to the Borough's need; and WHEREAS, the Planning & Zoning Commission has found that the parcel identified for disposal Is surplus to the publics need based on its review; and WHEREAS, the Planning & Zoning Commission held a public hearing on April 19, 2017 to consider this land disposal request. NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THAT: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends disposal of ± 21 acre portion of T24S R24W TL 3301 Onion Bay. Section 2: The Kodiak Island Borough Planning & Zoning Commission, In accordance with Title 18 of the Kodiak Island Borough Code, has determined, after a public hearing on April 19, 2016, that the aforementioned property is surplus to the public's need. Section 3: The aforementioned property should be offered for sale at public auction. Kodiak Island Borough, Alaska Resolution No. FY2017-xx Page 1 of 2 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 39 of 136 49 50 51 52 53 54 55 56 57 58 59 60 61 AGENDA ITEM #12.A. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THIS , , DAY OF 49 /-; 2017 0 ATTEST: Z" QL? Sheila Smith, CDD Secretary Kodiak Island Borough, Alaska PLANNING AND ZONING COMMISSION 1C' o� In Scott Arndt, Chair Resolution No. FY2017-11 Page 2 of 2 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 40 of 136 AGENDA ITEM #12.A. PUBLIC HEARING ITEM 7-A PBZ REGULAR MEETING APRIL 19, 2017 17-021 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 41 of 136 iImage• N se No. 17-021 -. e No. - .` a 18 Land Disposal review to consider disposal of a ± 21 acre p Townsend portion of T245 R24W TL 3301 Onion Bay, zoned _ CN -conservation, which is a 540 acre parcel on Rob Baer Raspberry Island (Chapter 18.20 KIBC). . 1 \\\\\\11111 .ti ��•.. _ f ti4 f rfJ� IYe f� ..j� d`" aj Image Overlay Legend Kodiak Island Borough GIS Comm un Ity Development Departnt ant Date Created: 3113/2017 17-021 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 41 of 136 AGENDA ITEM #12.A. PUBLIC HEARING ITEM 7-A PSZ REGULAR MEETING APRIL 19, 2017 KIB Location & Zoning Map r :.t'. Applicant: David Townsend & : cre parcel on Rob Baer Raspberry Island (Chapter t I a I Subject parcel Zoning Legend _- Public Use Lands Rural Residential 1 �-,- ]Multi Family Residential Light Industrial 0 Watershed Rural Residential 2 Business [_, Rural Neighborhood Commercial Conservation [_. ] Single Family Residential Retail Business Urban Neighborhood Commercial _ ] Rural Residential Two Family Residential 0 Industrial I_ _ ] Natural Use Kodiak Island Borough GIS Community Development Department TB amaplsproviEodlarinf—aanal,nepao =__= Access Roads ha 11w .kodiakak, us/grs (903 486.9331 P u 9 I miy ndianntimmaedlm yiegairop adorn. ____ I - tine nstruclad Right of Ways Case 17-021 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 42 of 136 AGENDA ITEM #12.A. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING APRIL 19, 2017 STAFF REPORT AND RECOMMENDATION Case 17— 021. A Title 18 Land Disposal review to consider disposal of a ± 21 acre portion of T24S R24W TL 3301 Onion Bay, zoned CN -conservation, which is a 540 acre parcel on Raspberry Island (Chapter 18.20 KIBC). DATE: 3/30/2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: Case 17— 021 APPLICANT: Dave Townsend/ Rob Baer LOCATION: 58°03'13.0"N 153°13'06.1"W, Raspberry Island LEGAL DSC: T24S R24W TL 3301 Onion Bay ZONING: CN- Conservation District NOTICE: Fifteen (15) notices were mailed on March 3, 2017. One email was received asking for further information about the application as of the date this report was prepared. SITE VISIT: None. 1. Zoning History: Ordinance 77-15-0 zoned all unclassified land C -Conservation. 2. Lot Size: 540 Acres 3. Existing Land Use: Vacant 4. Surrounding Land Use and Zoning: Surrounding land uses are mostly wilderness areas or small scale residential/cabins. All adjacent parcels are zoned C - Conservation. 5. Comprehensive Plan: The 2008 Comprehensive Plan does not provide clear guidance on this area. 6. Applicable Regulations: The following sections of Title 18 (Borough Real Property) of the Borough Code are applicable to this request: 18.20.020 Disposal authority. Except where this title or another provision of law establishes a specific mandatory procedure for disposing of borough land, the borough may dispose of borough land in any manner not prohibited by law. [Ord. 80-28-0 §1, 19801. 18.20.030 Review by planning commission—Assembly approval. Except for disposal required by law: Case 17-021 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 43 of 136 AGENDA ITEM #12.A. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING APRIL 19, 2017 PNo e Y 0 OL ALASKA A. Each disposal of borough land is subject to review by the planning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal. B. Borough land disposals that are not subject to approval by ordinance are subject to approval by assembly resolution. The resolution shall specify the terms and conditions upon which the disposal will be offered. [Ord. 80-28-0 §1, 1980]. 18.20.100 Disposal for fair market value. A. Except as otherwise provided by this title or another provision of law, all disposal of borough land shall be for the fair market value of the Interest disposed of. The borough may accept in exchange for borough land any consideration of sufficient value not prohibited by law. 18.20.120 Land disposal methods. The assembly may select any of the following disposal methods: A. Where specifically permitted under this title, direct negotiations with interested parties who seek to acquire borough land; B. Invite sealed bids for borough land, specifying the time and place for receiving bids and the minimum acceptable bid; C. Offer borough land for sale at public auction, specifying a minimum acceptable bid; or D. Invite proposals to purchase borough land. The invitation shall specify the basis upon which proposals shall be evaluated, which may Include but need not be limited to the proposed acquisition price, the quality of proposed development of land and its benefit to the community, the qualifications and organization of the proposer, the value of the proposed improvements to the land and the rents or resale prices to be charged by the proposer. [Ord. 80-28-0 §1, 1980]. 18.30.020 Terms of sale. The assembly shall determine the terms upon which borough land is to be sold at the time the disposal is approved, or, if the assembly directs that purchase proposals be invited, the assembly may provide that proposals include the terms of the sale. [Ord. 80-28-0 §1, 1980]. STAFF ANALYSIS This is a request to consider disposal of ± 21 acre portion of T24S R24W TL 3301 Onion Bay, zoned C -Conservation. The applicant is an adjacent landowner and seeks to purchase the land in order to access raw materials for private cabin construction. The Onion Bay area on the southern side of Raspberry Island is a largely uninhabited part of the Borough that over the past several decades has been used primarily for summer fishing. Lands In this area were once state owned, then leased to individuals through the Division of Lands, and ultimately sold to those individuals or conveyed to the Kodiak Island Borough. A January 10, 1989 (included In the 11/21/1989 regular meeting packet) memo explains that setnetters working in this area since the 1970's had repeatedly requested to lease or purchase land for "upland support facilities", but the "...disposal of those lots by the borough have been excluded from any land sales due to lack of clear title." That memorandum also states that "...though trading lands on Raspberry Island to the State for additional land on the road system is Case 17-021 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 44 of 136 AGENDA ITEM #12.A. PUBLIC HEARING ITEM 7-A PBZ REGULAR MEETING APRIL 19, 2017 beneficial to the Borough, so may be the need to retain a borough Interest in Onion Bay. It is these efforts that have led to the subdivision of Borough lands In Onion Bay." Weather and water conditions in this area can be extreme, and it Is unknown if there are currently any year- round residents. The parcel In question sits on the east side of Onion Bay. In the late 1980s, Case No. S88-047 proposed a 25 lot subdivision for the expansion of mariculture activities around Onion Bay. From this, 5 lots were ultimately platted (Plat No. 90-56) on the western side of the bay, and a 20 lot subdivision was proposed for disposal on the eastern shore. According to the Case No. 04-002 staff report, Eastern shore lots were "identified as suitable for 'short-term', i.e,. leasehold, disposals supporting mariculture development" However, this disposal never materialized. In 2004, Case No. 04-002 called for a similar land disposal in order to bring a portion of the applicant's current parcel into compliance by increasing it to 5 acres (5 acres is the minimum lot size In the C -Conservation District). A Community Development Department memo from October 12, 2004 explains that "Tract C was surveyed, recorded and transferred into private ownership as part of a State 'open -to -entry' land disposal in the 1970s. (Minutes from a June 11, 1969 meeting of the KIB Planning & Zoning Commission state that: "Mr. Wallace moved that the Planning & Zoning Commission go on record as whole-heartedly endorsing the areas designated by the State for open -to -entry and recommend the following additional lands:... all of Onion Bay on Raspberry Island, '/2 mile back from the beach... motion passed by unanimous voice vote".) Aerial maps and GIS data show that the parcel in question Is forested but also comprises a significant amount of wetland area (see map 724S R24W TL ONION BAY and Environs"). Potentially, some uses of this parcel could require additional permitting from the EPA or Army Corps of Engineers. COMPREHENSIVE PLAN CONSISTENCY The 2008 Comprehensive Plan explains "The majority of the Borough -owned lands are close to town and on Raspberry Island... Most of this Borough land is left in an undeveloped state for passive recreation." The Land Use & Ownership chapter of the 2008 Comprehensive Plan describes land zoned C -Conservation as allowing for "...a variety of natural resource extractive uses (timber harvest, mining and farming) as well as low-density residential use and other uses such as lodges." There is no other explicit guidance about land in this part of the Borough, or the disposal of C -Conservation land. However the plan does state in Chapter Four: • Land Use Goal. Ensure that land use and development decisions consider subsistence resources and activities. o Policy., Support the use of, and access to, subsistence resources by subsistence users. CONCLUSION Staff has determined that this request meets the requirements for land disposal in Chapter 18 of the Borough Code, and should be forwarded on to the Assembly for a favorable motion to dispose. Case 17-021 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre PC... Page 45 of 136 AGENDA ITEM #12.A. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING APRIL 19, 2017 Ppo r c r 0 e6 ALASKA Staff recommends that the Commission make a positive recommendation to the Assembly for disposal of this parcel. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion Is Move to adopt Planning and Zoning Commission Resolution No. FY 2017-15 recommending disposal of a ± 21 acre portion of T24S R24W TL 3301 Onion Bay, zoned C -Conservation District, which is a 540 acre parcel on Raspberry Island (Chapter 18.20 KIBC) and to adopt findings of fact listed in the staff report dated March 30, 2017, entered Into the record for this case as "Findings of Fact" for Case No. 17-021. FINDINGS OF FACT 1. This subject parcel is surplus to the public's need and, as such, is suitable for disposal by the Borough. 2. The Borough has sold portions of this parcel to individual land owners previously for the sake of bringing non -conforming lots into compliance. 3. The 2008 Comprehensive Plan has a land use goal to ensure that land use and development decisions consider subsistence resources and activities and a policy to support the use of, and access to subsistence resources by subsistence users. Cas. 17-021 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 46 of 136 AGENDA ITEM #12.A. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING APRIL 19, 2017 T24S R24W TL 3301 ONION BAY and Environs Case 17-021 Map Craana. 3amol? Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 47 of 136 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 AGENDA ITEM #12.A. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING APRIL 19, 2017 Introduced by: Resource Management Requested by. Borough Assembly Drafted by: CDD Adopted: XX/XX/2017 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RESOLUTION NO. FY2017-15 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING DISPOSAL OF A ±21 ACRE PORTION OF T24S R24W TL 3301 ONION BAY (P & Z CASE NO. 17-021) WHEREAS, the Dave Townsend and Rob Baer have requested disposal of a ± 21 acre portion of T24S R24W TL 3301 Onion Bay; WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation to the Assembly by resolution regarding the proposed land disposal; and WHEREAS, the principal purpose of the Planning & Zoning Commission review is to consider if the land identified is surplus to the Borough's need; and WHEREAS, the Planning & Zoning Commission has found that the parcel identified for disposal is surplus to the public's need based on its review; and WHEREAS, the Planning & Zoning Commission held a public hearing on April 19, 2017 to consider this land disposal request. NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THAT: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends disposal of ± 21 acre portion of T24S R24W TL 3301 Onion Bay. Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, has determined, after a public hearing on April 19, 2016, that the aforementioned property is surplus to the public's need. Section 3: The aforementioned property should be offered for sale at public auction. Kodiak Island Borough, Alaska Case 17-021 Resolution No. FY2017-xx Page 1 of 2 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 48 of 136 AGENDA ITEM #12.A. Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 49 of 136 PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING APRIL 19, 2017 49 ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING 50 COMMISSION THIS DAY OF 2017 51 52 PLANNING AND ZONING COMMISSION 53 54 55 56 Scott Arndt, Chair 57 ATTEST: 58 59 60 61 Sheila Smith, CDD Secretary Kodiak Island Borough, Alaska Resolution No, FY2017-11 Case 17-021 Page 2 of 2 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 49 of 136 AGENDA ITEM #12.A. PUBLIC HE IT M 7-A P&Z REGULAR MEETING APRJbMII'-gyImail Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205, Kodiak, AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 Print Fann 14 htto://www.kadiakak,us I Administrative Request Aoolicant Information Property Owner / Applicant: Mailing Address: Phone Number. Other Contact emaii,etcx Agent&/or5urveyor. Mailing Address: Phone Number. Other Contact email,etc.: Nature/ Purpose of Request: -pLpenv Informailom Legal Description Subtly: T24S R24W TL 3301 ONION BAY // Block Lot: Current Zonbg; CrA-zscr�.L'�o✓7 Applicable Comprehensive Plan: Prop ID: 17802 Present Use of Property: iY/Orr c I am providing additional Information in the form of: Additional Narrative/ History As -built Survey: Maps: Photographs: Date: Signature: Other: Payment Verification Fee Payable in Cashier's Office floom Y 104- Main floor of Borough Building Reconsideration of P&Z Commission Decision KIBC 17.215 Wti2 r $150.00 AppealtoP&Z Commission KIBC PAI® -V KIBC P&2 Commission Site Plan Review KIBC 17.130.0211 ���`VVVV � $150.00 P&Z Commission Screening Approval KIBC 17.105.060 2 3 2017 1- $150.00 1nFuEB Tide 18 Land Disposal Review KIBC 18.20.060 A KO AKISIANu tWHUUGh 0< $3$O.gQ2glIf Postponement atPetitioner's request- Public HearingltAi(1ahleFr1mBRT vArr r 5100.00 Postponement at Petitioner's request - Non -Public Hearing Item r S 25.00 Other $ISOAO �J Date: % 'L 3 �zo(it CDD Staff: _ ase 17-021 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 50 of 136 AGENDA ITEM #12.A. PAYX2017 TE PUBLIC HE1AROy���r(♦n Kodiak Island pgZREGULAft PUBLIC GAP 02/23/2017 710 Mill Bay Rd. D00475 COLLECTION STATION Kodiak, AK 99615 RECEIPT NO. CASHIER 2017-00000919 RECEIVED FROM CASHIER DAVID TOWNSEND Cashier DESCRIPTION ADMINISTRATIVE REQUEST TITLE 16 LAND DISPOSAL REVIEW PER KIBC 18.020.050 A Case 17-021 Printed hv- Cashinr Pann 1 of 1 0212312017 01:33:AR PM Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 51 of 136 AGENDA ITEM #12.A. PUBLIC HEARING ITEM 7-A PBZ REGULAR MEETING APRIL 19, 2017 Dave Townsend / Rob Baer PO Box 9044 Kodiak, AK 99615 February 23, 2017 Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK 99615 Dear Kodiak Island Borough We are Interested In purchasing a 21 -acre (roughly) parcel of Borough owned property on Raspberry Island In the Onion Bay area. (Please see the attached maps.( We recently purchased a 5.25 -acre parcel with a small cabin on it and are looking to do some Improvements/additions. The land in question would give us the ability and timber rights to selectively harvest and build. There is currently an easement on the 5.25 acres we own at the waters' edge providing foot traffic access to adjacent and upland lots. The acquisition of this land would not restrict access to any upland land as the parcel In question has very limited access from the water due to a 30' plus continuous bluff. We will be available for any questions you may have for us Dave Townsend 654-4123 Rob Baer 942-2237 Thank you for your consideration, Dave Townsend / Rob Baer Case 17-021 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 52 of 136 Dear neighbor, AGENDA ITEM #12.A. March 7. 2017 We are writing to introduce ourselves as your new Onion Bay neighbors. We recently purchased Suzanne Hancock's 5.25 acre parcel on the south side of Onion Creek. We are Kodiak residents. brothers, in our mid 40's, honest, hardworking, outdoorsmen, builders, craftsmen, and enthusiastic friendly neighbor folk. We each have remote living and boating experience, full time jobs, and each live in town in our own self -built homes. We have been looking for remote property for a long time now and feel lucky and excited about our new Onion Bay parcel and cabin. We look forward to making some small improvements which will enable us to comfortably escape on weekends and as we age prepare for eventual retirement on the property. In that effort we are trying to acquire land on the south facing side of our property. There are a couple of taller trees on the proposed parcel that are blocking winter solar exposure to an area where we want to install a small solar array on our land. We would also like to have the ability to selectively harvest and mill lumber from a fete trees from the proposed site in an effort to add an addition to the existing cabin. We have no intention of building a lodge or any sort of tourism based business. We are seeking remote land to get away from that sort of thing and to maintain the surrounding land as remote and natural as possible. At any rate, we want to be a good neighbor and let you know our intentions. Please feel free to contact us at any time with any concerns or questions. We look forward to meeting you. Respectfully, 00?�9, Rob Baer Dave Townsend 2847 Lakeview Dr. PO Box 9044 Kodiak AK 99615 Kodiak, AK 99615 942-2237 654-4123 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 53 of 136 ,.. +ta f • d e " �; tt �4 rr�='�R yPf F�g'•"t'f fk,r��Fr ��+tt �f`!� �S � r . Ir it Sfofl r5 ri I %� fr''r l',�Tr •'t`r y.4. •t� .f 7� f I Or. Z,Y v4' a ; 'S r^ li L f ,r t4 �' r �r 'fir, ,rj _ � c•" liv IV V. ITM .F r y rllr, s �.. Svc.; --r.; 1-.t _-.;\ .� _. .... � � "t � . i; �'+. r = M �� w '' i �t+`�'.'.�' ., � ;� i- � ��� - ,.n r. .., ....x�. ! �¢M ,� _ � y`� t �.... ,. March 3, 20117 Mr. Dave Townsend Mr. Rob Baer PO Box 9044 Kodiak, AK 99615 AGENDA ITEM #12.A. PUBLIC HEARING ITEM 7-A PSZ REGULAR MEETING APRIL 19, 2017 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone(907)486-9363 Fax (907)486-9396 www.kodiakak.us Re: Case 17-021. Request a Title 18 Land Disposal Review to consider disposal of a ± 21 acre portion of T24S R24W TL 3301 Onion Bay, zoned CN -Conservation, which is a 540 acre parcel on Raspberry Island (Chapter 18.20 KIBC). Dear Mr. Townsend & Mr. Baer: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their April 19, 2017 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, April 12, 2017 at 6:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, Sheila Smith, Secretary Community Development Department Case n-021 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 56 of 136 AGENDA ITEM #12.A. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING APRIL 19, 2017 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 www.kodiakak.us March 3. 2017 Public Hearin Item 7-A A public hearing will be held on Wednesday, April 19, 2017. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 17-021 APPLICANT: Dave Townsend and Rob Baer REQUEST: A Title 18 Land Disposal Review to consider disposal of a ± 21 acre portion of T24S R24W TL 3301 Onion Bay, zoned CN -Conservation, which is a 540 acre parcel on Raspberry Island (Chapter 18.20 KIBC). LOCATION: Raspberry Island ZONING: CN -Conservation District This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm. Tuesday. April 4. 2017 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to ssmithOkodiakek.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486- 3231. The toll free telephone number Is 1-855-492-9202. One week prior to the regular meeting, on Wednesday, April 12, 2017, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Melling Address: Your property description: Comments: Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 57 of 136 AGENDA ITEM #12.A. PUBLIC HEARING ITEM 7-A PSZ REGULAR MEETING APRIL 19, 2017 FIRST—NAME LAST NAME MAIL LINE_ MAIL CITY MAIL STAMAIL ZIP C/O BRYAN LACOMBE AIRIKA-B, LLC PO BOX 1497 GREENVILLE ME 04441 BRIAN BRUDER PO BOX 8112 KODIAK AK 99615 JOHN CRATTY ETAL PO BOX 166 JENNER CA 95450-0166 PAUL HANSON PO BOX 8922 KODIAK AK 99615 PJ HILL LIVING TRUST ETAL 8615 CORMORANT COVE CIRCLE ANCHORAGE AK 99507 NANCY HILLSTRAND P.O. BOX HOMER AK 99603 JOHN JANKOWSKI PO BOX 91 SELOOVIA AK 99663 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615 BETSEY MYRICK P.O. BOX 1323 KODIAK AK 99615 ROBERT OTTO 1422 REZANOF DR. KODIAK AK 99615 WILLIAM RIETH PO BOX 101752 ANCHORAGE AK 99510-1752 GWYNNE SHAY P.O. BOX 2913 KODIAK AK 99615 ALAN STOVER PO BOX 727 KODIAK AK 99615 DAVID TOWNSEND ETAL PO BOX 9044 KODIAK AK 99615 PAUL VELSKO PO BOX 988 GIRDWOOD AK 99587 Case 17-021 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 58 of 136 AGENDA ITEM #12.A. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING APRIL 19. 2017 Case 17-021 Request a Title 18 Land Disposal Review Location to consider disposal of a ± 21 acre portion of A 21 acre portion of T245 R24W TL 3301 onion Bay T245 R24W TL 3301 Onion Bay, zoned Raspberry Island CN -Conservation, which is a 540 acre Applicant parcel on Raspberry Island (Chapter 18.20 KIBC). Dave Townsend & Rob Baer Approximate Loc Legend O Notification Area q, 6Slb\ r O Subject Parcel I Kodiak ISIan. 6omugM1 GIS uommumry uevelopmen[ uepanmem .... Access Roads I hpp:1 wutkddiakak.eygis 19071686-9337 1Na map Is vowded for mfoamaddnel lmrpdsos mlyand la nm in...M lm nny logal mp....mationa. U,,Cmslm[Ied RigM1t of Ways Case 17-021 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 59 of 136 Public Hearin Notice A Fcat 0 1,875 3,7150 7,500 Legend O Notification Area q, 6Slb\ r O Subject Parcel I Kodiak ISIan. 6omugM1 GIS uommumry uevelopmen[ uepanmem .... Access Roads I hpp:1 wutkddiakak.eygis 19071686-9337 1Na map Is vowded for mfoamaddnel lmrpdsos mlyand la nm in...M lm nny logal mp....mationa. U,,Cmslm[Ied RigM1t of Ways Case 17-021 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 59 of 136 AGENDA ITEM #12.A. From: P ] HIII fmailtomihill0oci.netl Sent: Monday, March 06, 2017 3:07 PM To: Sheila Smith Subject: Case 17-021 Hi 5 Smith, We have a cabin in Onion Bay, and spend the summer fishing out there (a set net site). I am not sure I understand what the case is all about. Is the land, in question, already in a conservation status or state? Who is Dave Townsend and Rob Baer? Do they want the land disposed of (put up for sale)? How can they bring pressure to bearforthe borough to dispose of the land? What is their interest in this land --do they want to buy it? If so, what are their plans? Is most of that section (I assume that the big blocks are square miles—a whole section) in a conservation easement? Please let me know. Thanks, PJ Hill Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 60 of 136 AGENDA ITEM #12.A. Kodiak Island Borough Planning and Zoning Commission Regular Meeting Minutes April 19, 2017 Regular Meeting 6:30 pm -Borough Assembly Chambers CALL TO ORDER CHAIR ARNDT called to order the April 19, 2017 regular meeting of the Planning & Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT I the pledge of allegiance. ROLL CALL The Chair shall se the record to reflect the absence of the member, the REASON for the absence, and w er the absence is excused by the Commission. Requested excu were Colin Young, Maria Painter, and Barry Altenhof due to being out of town. Commissioners sent were Scott Arndt, Alan Schmitt, Greg Spalinger, and Chris Hatch. Excused wer Be Altenhof, Maria Painter, and Colin Young. COMMISSIONE SPALINGER MOVED to excuse Colin Young, Maria Painter, and Barry Altenhof. VOICE VOTE O OTION CARRIED UNANIMOUSLY Community De pment Department staff present was Director Mason, Daniel Mckenna- Foster, and Shei mith. APPROVAL OF ENDA COMMISSIONE PALINGER MOVED to approve the agenda. VOICE VOTE O OTION CARRIED UNANIMOUSLY APPROVAL OF NUTES COM SIONE PALIN MOVED to approve the March 22, 2017 minutes. VOIATE O OTI ARRIED UNANIMOUSLY For agendn cheduled for public hearing and general comments. Limited to three minutes per cal phone number is 486-3231; Toll Free is 1-855-492-9202. None PUBLIC HEARI S Comments are limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. A) CASE 17-021. Request a Title 18 Land Disposal Review to consider disposal of a ± 21 acre portion of T24S R24W TL 3301 Onion Bay, zoned CN -Conservation, which Is a 540 acre parcel on Raspberry Island (Chapter 18.20 KIBC). COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. FY 2017-15 recommending disposal of a ± 21 acre portion of T24S R24W TL 3301 Onion Bay, zoned C -Conservation District, which is a 540 acre parcel on Raspberry Island (Chapter 18.20 KIBC) and to adopt findings of fact listed in the staff report dated March 30, 2017, entered into the record for this case as "Findings of Fact" for Case No. 17-021. Kodiak Island Borough Planning & Zoning Commission Minutes April 19, 2017 Page 1 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 61 of 136 AGENDA ITEM #12.A. Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 62 of 136 Staff Report — questions of staff may be asked after staff report is given. Keep it to questions and save discussion for after the public hearing. Open public hearing: Dave Townsend, applicant, spoke in support of the request. Rob Baer, applicant, spoke in support of the request. Alan Stover expressed concern about the size of the lot for disposal and wanted to know what kind of development was going to be done. Duane Dvorak, Resource Management Officer, stated the borough owns 540 acres there. Someday the borough may want to sell some of it and good access is critical. We want to make sure that when we dispose of land that we don't cut off the ability to dispose of lands in the future. With a 50' right-of-way for access, a trail or road could be developed. Gwynne Shay, Onion Bay property owner, talked about the environmental concerns; colonies of swallows nesting there, and the cutting of trees and northwest winds in the winter ceating havoc. Close public hearing: Commission discussion COMMISSIONER SCHMITT MOVED TO AMEND the motion to add Findings of Fact #4 to read: The applicants agree that a 50' wide easement for pederstrian use may be reserved by the borough along the southwest lot line or that the borough may retain a 50' wide flag stem there for public access. These issues should be resolved at the platting stage. FINDINGS OF FACT 1. This subject parcel is surplus to the public's need and, as such, is suitable for disposal by the Borough. 2. The Borough has sold portions of this parcel to individual land owners previously for the sake of bringing non -conforming lots into compliance. 3. The 2008 Comprehensive Plan has a land use goal to ensure that land use and development decisions consider subsistence resources and activities and a policy to support the use of, and access to subsistence resources by subsistence users. 4. The applicants agree that a 50' wide easement for pedestrian use may be reserved by the borough along the southwest lot line or that the borough may retain a 50' wide flag stem there for public access. These issues should be resolved at the platting stage. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY Brief discussion ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY B. CASE 17-022. Request a Title 18 Land Disposal Review to consider disposal of Lot 3A, Block 5, Miller Point Subdivision (Chapter 18.2D KIBC). The Intent of this request harmonize Bayside Fire Department leases with property ownership. COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning C fission Resolution No. FY 2017-16 recommending disposal by lease of Lot 3A, Blo , Miller Point Subdivision (Chapter 18.20 KIBC and to adopt the findings of fact lisle a staff report dated March 30, 2017, entered into the record for this case as "Findi Fact" for Case No. 17-022. Daniel Mckenna-Foster reported the Kod' and Borough is the owner of this property. This is a disposal by lease, we are not g rid of lands. Itan update of the existing lease for the fire department. Staff reco nds approval with a recommendation to forward to the assembly. Duane Dvorak urce Management Officer and applicant, stated he was tasked with revising ;ti to accommodate the Incomina fire In the new chief, Kodi9k Island Borough Planning & Zoning Commission Minutes April 19, 2017 Page 2 Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 62 of 136 April 20, 2017 Dave Townsend Rob Baer PO Box 9044 Kodiak, AK 99615 AGENDA ITEM #12.A. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us Re: Case 17-021. Request a Title 18 Land Disposal Review to consider disposal of a t 21 acre portion of T24S R24W TL 3301 Onion Bay, zoned CN -Conservation, which is a 540 acre parcel on Raspberry Island (Chapter 18.20 KIBC). Dear Mr. Townsend & Mr. Baer. The Kodiak Island Borough Planning & Zoning Commission at their April 19, 2017 regular meeting determined the property is surplus to the borough's needs and granted approval by resolution with a recommendation to the Assembly. The following Findings of Fact were adopted In support of their decision: 1. This subject parcel Is surplus to the public's need and, as such, is suitable for disposal by the Borough. 2. The Borough has sold portions of this parcel to Individual land owners previously for the sake of bringing non -conforming lots into compliance. 3. The 2008 Comprehensive Plan has a land use goal to ensure that land use and development decisions consider subsistence resources and activities and a policy to support the use of, and access to subsistence resources by subsistence users. 4. The applicants agree that a 50' wide easement for pedestrian use may be reserved by the borough along the southwest lot line or that the borough may retain a 50' wide flag stem there for public access. These issues should be resolved at the platting stage. The commission's resolution, recommendation, and other packet materials will be forwarded to the Assembly. Please contact the Clerk's Office at 486-9310 for Information on when this item will be scheduled to be heard by the Assembly. Sincerely, n lam' v^_' Sheila Smith, Secretary Community Development Dept. CC: Nova Javier, Borough Clerk Planning and Zoning Commission Resolution No. FY2017-39 Disposing By Sale Of A± 21 Acre Po... Page 63 of 136 AGENDA ITEM #12.A. From: Rob Baer To: Clerks Subject: Onion Bay Contract Date: Tuesday, July 18, 201710:40:19 PM Mr. Mayor and Assembly, We recognize there is specific language in title 18 which has caused legal concern over our proposed Onion Bay direct negotiation land purchase. We do not intend to waste anymore time or resources on this matter and effective immediately wish to retract our application, in its entirety, for the purchase of +-21 acres in Onion Bay. With this request we are asking you to amend Thursday's agenda and remove the public hearing on the contract pertaining to the Onion Bay land sale. We also wish to make it abundantly clear that we feel we have been wronged in this matter. We expect a full refund for our application fees. Although we do not intend to do so, we feel there is a very strong case for legal action in response to a'no' vote on this contract. We followed established procedures as documented in preceding contracts and a'no' vote would violate our due process rights. Just as troubling as exposing the Borough to legal action is the way in which this was handled. -At the last assembly meeting a Ione assembly member called for legal council at the I 1 th hr. prior to an assembly meeting and vote. -We believe the the Borough attorney was asked about specific language but not about the case in point or about established due process rights. -We were not contacted or consulted after the Borough attorney provided council. - A lengthy letter from the Resource Manger was drafted and submitted detailing not only the legal concerns but many otherjustifications for a'no' vote. This letter was troubling because most of the justifications stated were against prior recommendations from staff and P&Z, they were opinion based, miss informed and had nothing to do with council's legal advice. Interestingly the letter did contain similar opinion based arguments that the lone assemblymen also expressed at the last public meeting such as insignificant tax revenue gained through the sale, all remote land should be left for public domain, and that the Borough has limited remote land. We feel the assembly and staff should take a hard look at Title 18, and the state laws governing acquisition of land between the state of Alaska, The Kodiak Island Borough and citizens. Respectfully, Rob Baer Resolution No. FY2017-39 Disposing By Sale OfA±21 Acre Po... Page 64 of 136 AGENDA ITEM #B.B.1. KODIAK ISLAND BOROUGH STAFF REPORT JULY 20, 2017 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2018-05 Changing The 911 Surcharge On All Local Exchange Access Lines In The Area From Seventy-five Cents To Two Dollars Per Month ORIGINATOR: Meagan Christiansen RECOMMENDATION: To approve Resolution No. FY2018-05 DISCUSSION: The Kodiak Island Borough imposes and collects a 911 surcharge from local telephone service providers. The surcharge is assessed on a monthly basis on each telephone line for the Kodiak road system. The surcharge is paid to the borough and the borough passes all of the fees to the City of Kodiak to operate and maintain the local enhanced 911 system. The surcharge has been $.75 per month per telephone line since 1995. The City has requested an increase in the surcharge from $.75 to $2.00. ALTERNATIVES: FISCAL IMPACT: $0 OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 65 of 136 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #B.B.1. Introduced by: Manager Powers Drafted by: Special Projects Support Introduced on: 07/20/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2018-05 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH CHANGING THE 911 SURCHARGE ON ALL LOCAL EXCHANGE ACCESS LINES IN THE AREA FROM SEVENTY-FIVE CENTS TO TWO DOLLARS PER MONTH WHEREAS, Alaska Statute 29.35.131(a) provides that a municipality may establish and impose a surcharge for enhanced 911 (E-911) telephone service; and WHEREAS, Kodiak Island Borough Resolution No. 95-45 established an E-911 system and imposed a 911 surcharge on all local exchange access lines in the area to be serviced by the system; and WHEREAS, Resolution No. 95-45 imposed a surcharge of seventy-five cents ($.75) per month per local exchange access line within the Borough; and WHEREAS, since 1997, the Kodiak Island Borough and the City of Kodiak have maintained an agreement in which the Kodiak Island Borough imposes and collects a 911 surcharge and pays the City of Kodiak all fees collected for operation and maintenance of the local E-911 system; and WHEREAS, the City of Kodiak has requested that the E-911 surcharge be increased from $.75 to $2.00 per month per line; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that effective September 1, 2017 the monthly 911 surcharge per telephone line imposed by the Kodiak Island Borough is increased from $.75 to $2.00. BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that all funds received from the surcharge shall continue to be used to reimburse the City of Kodiak for operation and maintenance of an E-911 system; and The assembly shall annually review the 911 surcharge to determine whether the current level of the surcharge is adequate, excessive or insufficient to meet anticipated enhanced 911 system needs. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. Kodiak Island Borough, Alaska Resolution No. FY2018-05 Page 1 of 2 Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 66 of 136 AGENDA ITEM #B.B.1. 46 KODIAK ISLAND BOROUGH ATTEST: 47 48 49 50 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 51 52 VOTES: 53 Ayes: 54 Noes: 55 56 Kodiak Island Borough, Alaska Resolution No. FY2018-05 Page 2 of 2 Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 67 of 136 Mr. Michael Powers Kodiak Island Borough Manager 710 Mill Bay Road Kodiak, Alaska 99615 RE: Request for E911 Surcharge Increase AGENDA ITEM #B.B.1. Office of the 710 Mill Bay Road, Room 115, Kodiak, Alaska 99615 VIA ELECTRONIC DELIVERY Dear Mr. Powers: This letter follows discussions City staff has held with the Kodiak Island Borough Assembly requesting an increase in the E911 telephone surcharge rete. The Kodiak Police Department (KPD) operates and maintains the only Public Safety Answering Point (PSAP) in the Kodiak Island Borough. In addition to the Kodiak Police Department and the Kodiak Fire Department, the Kodiak PSAP dispatches for both Bayside and Women's Bay Fire Departments. As jurisdiction dictates, the Kodiak PSAP may forward a 911 call to either the United States Coast Guard Military Police or the Alaska State Trooper dispatch center in Fairbanks, Alaska. In some instances the Kodiak PSAP will still offer support or coordinate with these agencies to send mutual aid, or dispatch the Kodiak Fire Department because they are the only ambulance service on the Kodiak road system. On an annual basis, the Kodiak PSAP handles an average of 24,000 phone calls, 5,000 walk-in complaints, and 6,000 911 calls. AS 29.35.131: 911 surcharge. (a) A municipality may, by resolution or ordinance, elect to provide an enhanced 911 system at public safety answering points and may purchase or lease the enhanced 911 equipment or service required to establish or maintain an enhanced 911 system at public safety answering points from a local exchange telephone company or other qualified vendor. The municipality may impose an enhanced 911 surcharge within the enhanced 911 service area. An enhanced 911 surcharge may not exceed $2 per month for each wireless telephone number and $2 per month for each local exchange access line for wire line telephones. On August 8, 1997, the Kodiak Island Borough and the City of Kodiak entered into an agreement to reimburse the City for an E91 I system. I have not seen this agreement however it would be time to update such an agreement to include all of the local prefix and cellular lines. Thank you for your consideration to increase the E91 I surcharge from $0.75 to $2.00 per line. Sincerely, CITY OF KODIAK I�LT` K - Mike Tvenge City Manager Telephone (907) 486-86401 Fax (907) 4868600 mtven9e@city. kodi a k.ak. us Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 68 of 136 Kodiak Island Borough Meeting of.• August 7, 1997 AGENDA ITEM #B.B.1. ITEM N0. 17.A 1 Contract No. 97-45 REIMBURSEMENT OF E-911 EXPENSES INCURRED IN IMPLEMEN77NG AN ENHANCED 911 TELEPHONE SYSTEM. Resolution No. 95-45 established an enhanced 911 system and imposed a 911 surcharge on all local exchange access lines in the area to be served by the system. The funds are to be passed through to the City and Coast Guard toward their cost of operation of the system. This contract reimburses the City for their expenses incurred in implementing the 911 system as the City is willing to advance the full cost of installing the necessary equipment and software. APPROVAL FOR AGENDA: Recommended motion: Move to approve Contract No. 97-45 with the City of Kodiak. Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 69 of 136 AGENDA ITEM #B. B. 1. Introduced by: Mayor Selby Requested by: Mayor Selby Drafted by: Mayor Selby Introduced: 12/07/95 Public Hearing: 12/07/95 Adopted: 12/07/95 KODIAK ISLAND BOROUGH RESOLUTION NO. 95-45 A RESOLUTION ESTABLISHING AN ENHANCED 911 SYSTEM AND IMPOSING A 911 SURCHARGE ON ALL LOCAL EXCHANGE ACCESS LINES IN THE AREA TO BE SERVED BY THE SYSTEM WHEREAS, the Kodiak Island Borough is proceeding with the design and installation of an enhanced 911 telephone system to provide the best possible emergency telephone service at public safety answering points from a local exchange telephone company; and WHEREAS, Alaska Statute 29.35.131(a) provides that a municipality may establish and impose a surcharge for enhanced 911 telephone service; and WHEREAS, it is in the public interest to provide for the imposition and collection of the funding necessary for the system; and WHEREAS, it is fair and reasonable to assess the costs of the system against the telephone users who benefit from it; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The mayor is authorized and directed to continue working with the City of Kodiak and the United States Coast Guard for the design and installation of an enhanced 911 system providing service to users of telephone service provided by any local exchange telephone company within the prefix 486 or 487 areas of the Kodiak Island Borough. The area to be served by the enhanced 911 system shall be all of the prefix 486 and 487 areas of the Kodiak Island Borough. Section 2: Beginning January 1, 1996, there is imposed a surcharge of seventy-five cents (S.75) per month per local exchange access line within the Borough. A customer having more than 100 local exchange access lines from a local exchange telephone company in the Borough is liable for the 911 surcharge only to 100 local exchange access lines. Ka i,k Nle ll rw h. Alsk. Rwd,rtim No 95 45 Pgol ori Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 70 of 136 AGENDA ITEM #B. B. 1. Section 3: A local exchange telephone company, in accordance with AS 29.35.131- 29.35.137: a. shall include the 911 surcharge in the bills delivered to its customers; b. shall remit the amounts collected to the Kodiak Island Borough; c. may deduct limited administrative costs; d. shall prorate partial payments made by its customers; e. shall provide the Kodiak Island Borough with a list of amounts due for nonpayment of 911 surcharges; f. shall, at the election and the expense of the Kodiak Island Borough, be subject to an annual audit of its books and records concerning the collection and remittance of the 911 surcharge; and g. shall otherwise comply with the requirements and be entitled to the benefits of state law with respect to enhanced 911 systems. Section 4: All funds received from the surcharge shall be passed through to the City of Kodiak and the United States Coast Guard toward their cost of operation of the enhanced 911 system in proportion to the amount collected from the respective emergency services areas. Section 5: The assembly shall annually review the 911 surcharge to determine whether the current level of the surcharge is adequate, excessive or insufficient to meet anticipated enhanced 911 system needs. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTH DAY OF DECEMBER, 1995 ATTEST: Donna F. Smith, CMC, Borough Clerk KODIAK ISLAND BOROUGH K"d NI.M p .ak A! l fV.I,N.n N..96.16 Pw.202 Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 71 of 136 AGENDA ITEM #B.B.1. MEMORANDUM TO: Jerome Selby, Borough Mayor FROM: William D. Jones, City Manager DATE: July 24, 1997 RE: Enhanced 911 Agreement for Reimbursement Jerome, the attached agreement is fairly straightforward and provides what we spoke about several weeks ago. The Borough will continue to receive the line charge minus the maintenance fee and remit same to the City to reimburse us for the cost of installation and the service agreement. At such time as the contract amount, along with the interest, in paid the Borough Assembly would most likely want to consider dropping the monthly fee to something less than the S.75 since only a replacement fund and other minor expenses would be justified. Please call if you have any concerns. Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 72 of 136 .11 AGENDA ITEM #B.B.1. Contract No. 97-45 AGREEMENT FOR REIMBURSEMENT OF E-911 EXPENSES This Agreement is made between the Kodiak Island Borough (the Borough) and the City of Kodiak (the City) for purposes of memorializing the terms of an agreement pursuant to which the Citywill be reimbursed for expenses incurred in implementing an enhanced 911 telephone system. RECITALS The following facts or circumstances are acknowledged to be true and accurate: I. In cooperation with Telephone Utilities of the Northland, Inc., d/b/a PTI Communications (PTI), the City and the Borough wish to implement an enhanced 911 system. This will require the installation at City facilities of equipment and software estimated to cost up to approximately $175,000. 2. Pursuant to Kodiak Island Borough Resolution 95415, since January 1, 1996, PTI has collected a monthly surcharge of $0.75 per local exchange access line within the Borough and has remitted the funds so collected to the Borough. The Borough currently receives approximately $5,200 per month as a result of the surcharge and has available a balance of approximately $67,144.50 attributable to previously collected surcharges. 3. The City is willing to advance the full cost of installing the necessary equipment and software described above so long as it is assured that it will be reimbursed for !is full costs plus interest at ten percent per year out of the surcharges remitted to the Borough. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Acquisition and Installation of Equipment. The City shall acquire and install at its facilities such equipment and software as it determines to be necessary to implement an enhanced 911 telephone system for local exchanges 486 and 487. The City is not, however, obligated to spend more than $175,000 for this purpose. 2. Application of Existing Surcharge Balance. Upon the execution of this agreement, the Borough shall transfer to the City the full amount of funds previously remitted to it by PTI as a result of surcharge collections. The City shall apply these funds, which are estimated to total approximately $67,114.50, towards acquisition of the equipment and software described above. 3. Reimbursement of Balance of Expenses. The balance of the expenses incurred by the City in connection with the acquisition and installation of the equipment necessary to implement an enhanced 911 system shall be reimbursed to it by the Borough, which shall remit to the City the full amount of the surcharges passed on to it by PTI within one month after receiving the same. The unpaid balance due to the City shall bear interest at ten percent per year and payments from the Borough shall be credited first to accrued interest and then to reduction of principle. All surcharges received by the Borough shall be applied in the foregoing manner, regardless of whether attributable to lines within or beyond the Kodiak City limits. Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 73 of 136 AGENDA ITEM #B.B.1. E•911 Reimbursement Agreement Page 2 4. Maintenance of Surcharge. The Borough agrees that, until such time as the City has been fully reimbursed for the expenses which it incurs pursuant to this agreement, plus interest, it will not reduce or rescind the 911 surcharge or take any other actions which would have the effect of reducing the amount of, or delaying the payment of, the surcharges passed on to it by PTI. The City acknowledges, however, that PTI will withhold a portion of the surcharge equal to $0.18 per line per month to cover maintenance expenses and will only pass on the remainder to the Borough. Should actions in violations of this paragraph be taken by the Borough, then in addition to any other remedies available to the City, the City may declare the entire unpaid balance immediately due and payable and the Borough shall pay the same regardless of the availability of surcharge funds. CITY OF KODIAK KODIAK ISLAND BOROUGH Wil iarVi7ff Jones, C'l Ma ager Jer a Selby, Mayor Dated: 8/8� Dated: it i / �J / Attest: 24 City Clerk >��`ahC� �y �jRA•l*� Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 74 of 136 AGENDA ITEM #B.B.2. KODIAK ISLAND BOROUGH STAFF REPORT JULY 20, 2017 ASSEMBLY REGULAR MEETING I SUBJECT: Resolution No. FY2018-07 AML/JIA Three Year Participation Agreement. ORIGINATOR: Dora Cross RECOMMENDATION: To adopt Resolution No. FY2018-07 AML/JIA Three Year Participation Agreement DISCUSSION: Kodiak Island Borough has retained AMLJIA as our insurance provider since July, 1994. The Borough has supported board member participation by staff since 1988. Borough staff board memberships include; Jerome Selby from beginning of AMLJIA in 1988 until his retirement, Rick Gifford during his employment at the Borough, Karl Short from 1994 through his retirement in 2016. The Assembly has also encouraged the current manager, Michael Powers to apply for a vacant board seat. Although not mandatory in order to keep AMLJIA as our insurance provider, signing the attached participation agreement does provide the Borough a 5% discount on our insurance premium. Had the Borough signed a participation agreement three years ago, the savings during that time would have been approximately $58,900 or $19,600 per year. ALTERNATIVES: FISCAL IMPACT: Estimated annual savings of $19,600 per year for three years. OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2018-07 AML/JIAThree Year Participation Ag... Page 75 of 136 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AGENDA ITEM #6.6.2. Introduced by: Borough Manager Drafted by: Finance Director Introduced on: 07/20/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2018-07 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ENTERING INTO A THREE YEAR INSURANCE PARTICIPANT MEMBERSHIP AGREEMENT WITH THE ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION WHEREAS, AS 21.76 enacted by the 1986 Alaska Legislature, provides a means for local governments and school districts to join together in a joint insurance arrangement intended to mitigate the cyclical and erratic nature of the conventional insurance market; and WHEREAS, Alaska Municipal League Joint Insurance Association, Inc. (AMLJIA) is a joint insurance arrangement as authorized under AS 21.76.010 et seq., whose participating members have agreed to pool contributions in order to assume risks for losses to the participants on a group basis; and WHEREAS, the Kodiak Island Borough (KIB) desires either to renew its current membership in AMLJIA or to become a participating member of AMLJIA; and WHEREAS, it is in the mutual interests of AMLJIA, KIB, and other participating members that AMLJIA maintain a stable membership in order to more effectively administer the joint insurance agreement and serve the needs of the participating members; and WHEREAS, the Board of Trustees of AMLJIA has determined that in order to encourage participating members to make a multi-year commitment, it is efficient and cost-effective, for both participating members and for AMLJIA, to offer a discount on the annual contributions required to be paid by all participating members that commit to a three-year AMLJIA membership term; and WHEREAS, KIB desires to commit to a three-year membership in AMLJIA, subject to the terms and conditions stated in the AMLJIA Cooperative Participation Agreement ("CPA") and the AMLJIA Participant Coverage Memorandum ("PCM"); NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH as follows: Section 1: The Kodiak Island Borough Assembly approves a Cooperative Participation Agreement (hereinafter the "Agreement"), a copy of which is attached hereto and incorporated by reference. The Manager is hereby authorized and directed to execute said "Agreement' and Kodiak Island Borough, Alaska Resolution No. FY2018-07 Page 1 of 2 Resolution No. FY2018-07 AML/JIAThree Year Participation Ag... Page 76 of 136 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 AGENDA ITEM #B.B.2. such other documents as may be necessary to effectuate participation of the Borough as a member of the Joint Insurance Association. Section 2: the Kodiak Island Borough Assembly pledges to appropriate sufficient funds for the annual premiums and assessments to enable the "Agreement' to go into effect on July 1, 2017 and to remain in effect for a term of at least three years or until all payment obligations have been satisfied. Amounts payable to the Association, as encumbered by the "Agreement', shall be classified as "operating expenses' and are subject to annual appropriation by the Borough Assembly. Section 3: The Kodiak Island Borough holds two options to withdraw from the program as follows: (1) Submitting written notice cancellation and intent to withdraw within thirty (30) days after receiving notice of an anticipation of rate increase greater than 10% -without penalties. (2) Submitting written notice of intent to withdraw prior to end of agreement term —with penalties. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2018. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska ATTEST: Nova M. Javier, MMC, Clerk Resolution No. FY2018-07 Page 2 of 2 Resolution No. FY2018-07 AMLIJIAThree Year Participation Ag... Page 77 of 136 KIB/AMUTA Insurance Summary FY2015-2017 Policy Type Limit FY2017 General Liability $10,250,000 Rate 0.98200 0.97200 Mod Factor Workers Comp 0.33935 Avg Rate 1.01000 1.01000 Mod Factor Auto Liab $10,250,000 Avg Rate Gross Premium $ 358,434 per 1,000 Property $ Avg Rate Safety Incentive and Stabilzation Discounts $ (21,087) per 1,000 AGENDA ITEM #B.B.2. 638-17 dlc ZY2015 FY2016 FY2017 1.56600 1.57700 1.40300 0.98200 0.97200 0.90000 0.03206 0.33935 0.00347 1.01000 1.01000 1.00000 0.01779 0.17493 0.01710 0.00074 0.00072 0.00067 Crime $500,000 Flat Fee $ 400 $ 400 Cashier $50,000 Flat Fee $ 175 $ 175 $ 175 Directors Bond $1,000,000 Flat Fee $ 2,750 $ 2,750 Gross Premium $ 358,434 $ 420,028 $ 401,004 Safety Incentive and Stabilzation Discounts $ (21,087) $ (17,069) $ (19,158) Net Premium` $ 337,347 $ 402,959 $ 381,846 Unavailable Annual 5% Premium Reduction $ 17,922 $ 21,001 $ 20,050 (no signed agreement) -does not include policy adjustments after July 1st such as property, equipment or payroll changes. Resolution No. FY2018-07 AML/JIAThree Year Participation Ag... Page 78 of 136 AGENDA ITEM #B.B.2. THREE-YEAR PARTICIPANT MEMBERSHIP AGREEMENT This Three -Year Participant Membership Agreement ("Agreement"), dated , is between the ("the Participant") and Alaska Municipal League Joint Insurance Association, Inc. ("AMLJIA"). WHEREAS, AMLJIA is a joint insurance arrangement as authorized under AS 21.76.010 et seq., whose participating members have agreed to pool contributions in order to assume risks for losses to the participants on a group basis; and WHEREAS, the Participant desires either to renew its current membership in AMLJIA or to become a participating member of AMLJIA; and WHEREAS, it is in the mutual interests of AMLJIA, the Participant, and other participating members that AMLJIA maintain a stable membership in order to more effectively administer the joint insurance arrangement and serve the needs of the participating members; and WHEREAS, the Board of Trustees of AMLJIA has determined that in order to encourage participating members to make a multi-year membership commitment, it is efficient and cost- effective, both for participating members and for AMLJIA, to offer a discount on the annual contributions required to be paid Three -Year Participant Membership Agreement Resolution No. FY2018-07 AML/JIAThree Year Participation Ag... Page 79 of 136 AGENDA ITEM #B.B.2. by all participating members that commit to a three-year AMLJIA membership term; and WHEREAS, the Participant desires to commit to a three-year membership in AMLJIA, subject to the terms and conditions stated herein as well as in the AMLJIA Cooperative Participation Agreement ("CPA") and the AMLJIA Participant Coverage Memorandum ("PCM"); NOW THEREFORE, in consideration of the mutual representations, warranties, covenants, and agreements set forth below, the Participant and AMLJIA agree as follows: 1. The Participant agrees to become a participating member of, or to renew its membership in, AMLJIA effective July 1, 2017. 2. The Participant shall continue its membership in AMLJIA for a period of not less than three (3) years, through and including June 30, 2020, subject to the terms and conditions stated herein as well as in the CPA and the PCM. The period of the Participant's membership under this Agreement encompasses the Fiscal Years 2018, 2019, and 2020. 3. The Participant's annual AMLJIA membership contribution for each of the Fiscal Years 2018, 2019, and 2020 shall be discounted by five percent (58) off the amount of the membership contribution that the Participant would be charged in Three -Year Participant Membership Agreement 2 Resolution No. FY2018-07 AML/JIAThree Year Participation Ag... Page 80 of 136 AGENDA ITEM #B.B.2. the absence of this Agreement, provided the Participant remains a participating member of AMLJIA throughout the three-year effective period of this Agreement. 9. Should AMLJIA determine that the rate upon which the Participant's annual membership contribution is increased by more than ten percent (108) for either of the Fiscal Years 2019 or 2020, AMLJIA shall notify the Participant of the amount of the anticipated rate increase not later than 95 days prior to the end of the then -current Fiscal Year. In the event of such a rate increase, the Participant shall have the option to cancel this Agreement and to provide written notice of such cancellation and written notice of intent to withdraw from AMLJIA effective at the end of the then -current Fiscal Year. Notice of cancellation of this Agreement and notice of intent to withdraw from AMLJIA pursuant to this paragraph must be received by AMLJIA not later than thirty (30) days after the Participant's receipt of AMLJIA's notice of rate increase, and must comply with the provisions of Section 19 of the CPA except to the extent that the period in which the Participant is permitted to provide notice of intent to withdraw may be shorter under this paragraph than under Section 19 of the CPA. 5. Should the Participant give notice of intent to withdraw from AMLJIA effective at any time prior to the end of Three -Year Participant Membership Agreement 3 Resolution No. FY2018-07 AMLIJIAThree Year Participation Ag... Page 81 of 136 AGENDA ITEM #B.B.2. the Fiscal Year 2020 (June 30, 2020), except as provided in paragraph 4 of this Agreement, the Participant shall, within thirty (30) days of the date of such notice pay to AMLJIA the total principal amount of the annual membership contribution discounts it received pursuant to this Agreement, plus interest at the rate of five percent (5%) per annum. In addition, the Participant shall pay liquidated damages in an amount equal to 20 percent of the Participant's estimated deposit for each year remaining in the term of this Agreement, to compensate the Association for the loss of its contribution to the Association's surplus for the remainder of the term of this Agreement. 6. Should the Participant fail to pay to AMLJIA any amount as and when due under paragraph 5 of this Agreement, AMLJIA, in addition to any and all other rights it may have under applicable law, shall have the express right to: (a) Intercept revenue-sharing, municipal assistance, and other funds due to be paid or administered by or through the State of Alaska to or for the benefit of the Participant, up to and including an amount equal to the unpaid portion of the principal and interest due under this Agreement until paid in full; Three -Year Participant Membership Agreement :1 Resolution No. FY2018-07 AMLIJIAThree Year Participation Ag... Page 82 of 136 AGENDA ITEM #B.B.2. (b) Initiate a lawsuit against the Participant in the appropriate court for the State of Alaska, Third Judicial District at Anchorage, to recover any unpaid amounts under this Agreement as well as any other relief to which AMLJIA may be entitled. 7. This Agreement constitutes the entire agreement of the parties, and no other agreement, statement, or promise shall be valid or binding on any party. This Agreement may not be amended, modified, altered, or supplemented other than by means of a written addendum duly executed by the parties. B. In the event that any provision of this Agreement or the application of any such provision to any person or set of circumstances, shall be determined to be invalid, unlawful, void, or unenforceable to any extent, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those as to which it is determined to be unlawful, void, or unenforceable, shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law. 9. The waiver by any party hereto of any breach of any term, covenant, or condition of this Agreement shall not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach of the same or any other term, covenant, Three -Year Participant Membership Agreement E Resolution No. FY2018-07 AML/JIA Three Year Participation Ag... Page 83 of 136 AGENDA ITEM #B.B.2. or condition of this Agreement. Any waiver of a term, covenant, or condition of this Agreement shall be valid only if in writing. 10. This Agreement shall be interpreted and construed under and pursuant to the laws of the State of Alaska. Venue for any action to enforce any obligation under this Agreement shall lie solely in the state courts of Alaska situated in Anchorage, Alaska. 11. No party to this Agreement may assign its rights nor delegate its duties under this Agreement at any time without the express written consent of the other party. Subject to the foregoing, the provisions of this Agreement shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors, and assigns. 12. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. Facsimile and electronic document copies hereof shall be deemed to be originals. 13. If it shall be necessary for either the Participant or AMLJIA to employ an attorney to enforce its rights pursuant to this Agreement because of the default of the other party, the prevailing party in any such action shall be entitled to recover its actual reasonable attorney's fees and costs. Three -Year Participant Membership Agreement 6 Resolution No. FY2018-07 AMLIJIAThree Year Participation Ag... Page 84 of 136 DATED this day of By: Its: DATED this day of 20 ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION, INC. By: Kevin Smith Its: Executive Director Three -Year Participant Membership Agreement AGENDA ITEM #B.B.2. 7 Resolution No. FY2018-07 AML/JIA Three Year Participation Ag... Page 85 of 136 AGENDA ITEM #B.B.3. KODIAK ISLAND BOROUGH STAFF REPORT i JULY 20, 2017 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2018-06 Appointing Members to the Kodiak Fisheries Development Association Board of Directors (Linda Freed and Albert Tyler Schmeil). ORIGINATOR: Laurie Pardoe RECOMMENDATION: Move to adopt Resolution No. FY2018-06. DISCUSSION: The Kodiak Island Borough and City of Kodiak jointly designated the Kodiak Fisheries Development Association (KFDA) as the Eligible Crab Community Entity (ECCE). The by- laws of the KFDA provide for appointment of Directors to the Board by the Kodiak Island Borough Assembly and the Kodiak City Council for three year terms. Two of the three "Joint KFDA Director's Seats" expires in July 2017. Ms. Linda Freed and Mr. Albert Schmeil wish to be reappointed for the seats to expire July 2020. Note: The City of Kodiak would have to approve the appointments also. The Clerk's Office advertised for these seats on June 16, 2017 and also posted the vacancies on the KIB website and on Facebook. Please see attached roster. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2018-06 Appointing Members to the Kodiak Fi... Page 86 of 136 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AGENDA ITEM #B.B.3. Introduced by: Borough Manager Requested by. Borough Assembly Drafted by: Borough Clerk Introduced on: 07/20/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2018-06 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPOINTING MEMBERS TO THE KODIAK FISHERIES DEVELOPMENT ASSOCIATION BOARD OF DIRECTORS WHEREAS, the North Pacific Fishery Management Council adopted the Bering Sea/Aleutian Islands Crab Rationalization Program as Amendments 18 and 19 to the Fishery Management Plan for Bering Sea /Aleutian Islands King and Tanner Crabs; and WHEREAS, under the Program, Kodiak was designated as an eligible crab community (ECC) and in connection with such designation the Kodiak Island Borough and the City of Kodiak have the authority to jointly exercise certain rights of first refusal (ROFR) with respect to processor quota shares (PQS) allocated under the Program; and WHEREAS, to exercise the ECC ROFR the Kodiak Island Borough and the City of Kodiak have jointly designated the Kodiak Fisheries Development Association (KFDA) as the region's eligible crab community entity (ECCE) having the authority to do so on their behalf; and WHEREAS, the bylaws of the Kodiak Fisheries Development Association provide for appointment of Directors to the Board of the KFDA by the Kodiak Island Borough Assembly and the Kodiak City Council; and WHEREAS, the bylaws of the KFDA state, in part, that Directors shall serve for three- year terms and until their successors are appointed and qualified; and WHEREAS, Ms. Linda Freed and Mr. Albert Tyler Schmeil, Joint Reappointees, would like to continue serving on the KFDA Board of Directors. NOW, THEREFORE BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT Ms. Linda Freed and Mr. Albert Tyler Schmeil are appointed as two of the Joint reappointees on the Kodiak Fisheries Development Association terms to expire 2020. Kodiak Island Borough, Alaska Resolution No. FY2017-14 Page 1 of 2 Resolution No. FY2018-06 Appointing Members to the Kodiak Fi... Page 87 of 136 AGENDA ITEM #B.B.3. 45 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 46 THIS DAY OF JULY, 2017 47 KODIAK ISLAND BOROUGH ATTEST: 49 49 50 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 51 52 VOTES: 53 Ayes: 54 Noes: 55 Kodiak Island Borough, Alaska Resolution No. FY2017-14 Page 2 of 2 Resolution No. FY2018-06 Appointing Members to the Kodiak Fi... Page 88 of 136 AGENDA ITEM #B.B.3. KODIAK ISLAND BOROUGH / CITY OF KODIAK }£, KODIAK FISHERIES DEVELOPMENT ASSOCIATION o .{q BOARD OF DIRECTORS 2016' NAME TERM PHONE EMAIL CITY APPOINTEES Crab Processors Representative VACANT 7/2019 Crab Harvester Representative Jeff Stephan 7/2017 486-4568 isteohan(a)otialaska.net JOINT APPOINTEES Stosh Anderson 7/2019 486-3673 stosh a(dDhotmail.com Linda Freed 7/2017 486-5314 freed(a)cci.net Albert Tyler Schmet 7/2017 486-8587 tmschmeile-oci.net BOROUGH APPOINTEES Crab Processors Representative Tuck Bonney 7/2018 486-3329 tbonnevAnosi.us Crab Harvester Representative Jerry Bongen 7/2018 486-6245 Ibongen(gimac.com Resolution No. FY2008-04 states: "Directors shall be appointed by joint resolution of the Borough Assembly and City Council. Appointments shall take place annually, at July meetings of the Borough Assembly and City Council. Directors shall have staggered three (3) year terms of office, assigned by a random selection method at the first Board meeting, such that as close as possible to one third (1/3) of the Board is up for appointment each year. Directors shall serve until their successors are appointed and qualified." CITY MANAGER, AIMEE KNIAZIOWSKI OFFICE OF THE CITY MANAGER 710 MILL BAY ROAD, ROOM 114 KODIAK, AK 99615 488.8648 aknlazlowskI0cltv.kodlak.ak.us Revision Dale. 1/2512017 Revised by: LP Resoiution No. FY2018-06 Appointing Members to the Kodiak Fi... Page 89 of 136 AGENDA ITEM #B.B.3. BYLAWS OF KODIAK FISHERIES DEVELOPMENT ASSOCIATION ARTICLE I — NAME The name of the organization shall be Kodiak Fisheries Development Association (the "Corporation"). ARTICLE II — PURPOSE The Corporation is organized exclusively to promote the social welfare of the City of Kodiak and the Kodiak Island Borough (together, the "Kodiak Community"), consistent with Section 501(c)(4) of the Internal Revenue Code of the United States (as the same may be amended, supplemented, or replaced from time to time, the "Internal Revenue Code"). Subject to the foregoing, the specific purposes for which the Corporation is organized are as follows: A. To act as an Eligible Crab Community Entity ("ECCE") on behalf of the Kodiak Community for purposes of exercising rights of fust refusal in connection with proposed transfers of processor quota shares ("PQS") and individual processor quota ("IPQ"), pursuant to the Bering Sea/Aleutian Island ("BS/AI") crab rationalization program regulations set forth at 50 C.F.R. part 680, as the same may be amended from time to time (the Regulations"); B. If the Council of the City of Kodiak (the "City Council") and the Kodiak Island Borough Assembly (the "Borough Assembly") authorize it to do so, to act as an Eligible Crab Community Organization ("ECCO") for the Kodiak Community for purposes of holding crab rationalization quota shares ("QS") on behalf of the Kodiak Community and making the resulting individual fishing quota ("IFQ") available to residents of the Kodiak Community; and C. In general, to exercise those powers set forth in AS 10.20.005, et seq., as now enacted or as may hereafter be amended, and to exercise such other powers that now are or hereafter may be conferred by law upon a corporation organized for the purposes set forth herein or that are necessary or incidental to the powers so conferred, subject only to such limitations that are or may be prescribed by state or federal law, any resolution of the City Council or the Borough Assembly, these Articles of Incorporation, and the Corporation's Resolution No. FY2018-06 Appointing Members to the Kodiak Fi... Page 90 of 136 AGENDA ITEM #B.B.3. Bylaws, including without limitation the limitations placed on organizations exempt from taxation under Section 501(c)(4) of the Internal Revenue Code. ARTICLE III — MEMBERSHIP The Corporation shall have no members. ARTICLE N — BOARD OF DIRECTORS Section 1. Functions and Powers. The initial Board of Directors (the "Initial Board") shall have the authority to adopt the Corporation's initial Bylaws, elect its initial officers, take whatever steps may be appropriate to qualify it as an ECCE with the National Marine Fisheries Service ("NMFS") pursuant to the Regulations, execute right of first refusal contracts between the Corporation and PQS holders as required under the regulations, and file affidavits of execution with NMFS. All other authority to act as a board of directors for the Corporation shall be reserved to the Board of Directors appointed pursuant to Article IV, Section 3, below (the "Board of Directors" or the "Board"), provided that the authority of the Board of Directors to manage the affairs of the Corporation; determine its policies within the limits of the Articles of Incorporation and these Bylaws; collect, administer, and disburse the Corporation's funds; approve projects; and otherwise actively pursue and promote the purposes of the Corporation, shall in all cases be subject to such limits as may be jointly imposed from time to time by the City Council and the Borough Assembly. The salaries, if any, of all employees of the Corporation shall be determined by or under the direction of the City Council and the Borough Assembly. The budget and funding of the Corporation shall be as jointly approved by the City Council and Borough Assembly from time to time. Section 2. Number. The number of directors serving on the Initial Board shall be three (3). The number of Directors serving on the Board of Directors shall be seven (7). The Initial Directors shall be named by the incorporators and shall remain in office until their successors are designated and qualified in accordance with Article IV, Section 3, below. Section 3. Composition and Voting Rights. The Board of Directors of the Corporation shall be appointed by the City Council and the Borough Assembly, as follows: A. Two (2) directors shall be appointed by the City Council; B. Two (2) directors shall be appointed by the Borough Assembly; and Resolution No. FY2018-06 Appointing Members to the Kodiak Fi... Page 91 of 136 AGENDA ITEM #B.B.3. C. Three (3) directors shall be jointly appointed by the City Council and the Borough Assembly. At least two (2) directors shall represent the interests of Kodiak Community BS/AI crab harvesters, and at least two (2) directors shall represent the interests of Kodiak Community BS/AI crab processors. Except as otherwise provided in the Corporation's Articles of Incorporation or these Bylaws, approval by a four - sevenths (4/7) vote of all directors is required for all Board action. Section 4. Appointment and Terms of Office. Directors shall be appointed by joint resolution of the City Council and the Borough Assembly. Appointments shall be made annually, at July meetings of the City Coundl and Borough Assembly. Directors shall have staggered three (3) year terms of office, assigned by a random selection method at the first Board meeting, such that as close as possible to one third (1/3) of the Board is up for appointment each year. Directors shall serve until their successors are appointed and qualified. Section 5. Meetings. Meetings of the Corporation's Board of Directors shall be held at times and places designated by the Board. Special meetings of the Board may be called by a majority of the Board or by the President. Participation in a Board meeting by means of a telecommunications device that allows all parties to hear each other at the same time shall be the equivalent of presence in person at a meeting. Section 6. Public Participation at Meetings. Members of the public shall be permitted to attend and shall be given an opportunity to be kieard at all meetings of the Corporation's Board of Directors; provided that the Board may from time to time enter closed executive session as permissible under Alaska statutes. Section 7. Notice of Meetings. Notice of each meeting describing the matters to come before the Board at that meeting shall be given in writing to each director by mail, facsimile, or electronic mail transmission, not less than three (3) days prior to the meeting. In addition, reasonable public notice of any meeting of the Corporation's directors, which notice shall include the meeting's date, time, and place, shall be given at least three (3) days in advance of the meeting, in accordance with A.S. 44.62.310(e). Section B. Waiver of Notice. A director may waive any notice required to be given by signing a written waiver either before or after the meeting. A director may not waive the failure to give public notice per A.S. 44.62.310(e). Resolution No. FY2018-06 Appointing Members to the Kodiak Fi... Page 92 of 136 AGENDA ITEM #B.B.3. Section 9. Presumption of Assent: A director who is present at a meeting of the Board of Directors at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless: A. The director objects at the beginning of the meeting, or promptly upon the director's arrival, to holding the meeting or transacting business at the meeting; B. The director's dissent or abstention from the action taken is entered in the minutes of the meeting; or C. The director files a written dissent or abstention with the presiding officer of the meeting before its adjournment or with the Corporation within a reasonable time after adjournment of the meeting. The right of dissent or abstention is not available to a director who votes in favor of the action taken. Section 10. Quorum. Presence of five -sevenths (5/7) of the directors shall constitute a quorum for the transaction of business at all meetings. Section 11. Action Without a Meeting. The Corporation's Board of Directors may not take action without a meeting. Section 12. Removal. A director may be removed from the Board of Directors at the discretion of the entity or entities that appointed such director. A director may also be removed by the Board if he or she is absent from three (3) consecutive Board meetings without being excused by a majority of the other directors. Section 13. Remuneration. No salary or other remuneration shall be paid to directors unless approved in advance by joint resolution of the City Council and the Borough Assembly. ARTICLE V — COMMITTEES Section 1. Designation The Board of Directors may appoint committees to assist and advise the Board with those functions, powers, duties, and tenure as the Board deems appropriate. Each committee shall consist of at least two (2) directors and such other persons as the Board may designate who need not be members of the Board of Directors. Resolution No. FY2018-06 Appointing Members to the Kodiak Fi... Page 93 of 136 AGENDA ITEM #B.B.3. Section 2. Limitation of Committee Powers. Committees shall exercise advisory authority only, and any committee recommendation shall require subsequent action by the Board of Directors before binding the Corporation. ARTICLE VI — OFFICERS AND EXECUTIVE DIRECTOR Section 1. Number and Title. The officers of the Corporation shall be a President, a Vice President, a Secretary, and a Treasurer, all of whom shall be elected by the Board of Directors. The Secretary and the Treasurer may be, but need not be, members of the Board. Section 2. Election. Officers shall be elected annually, at the first meeting following appointment of the Board. The Initial Directors may elect interim officers, who shall hold office only until the Board of Directors is appointed. Section 3. Term. Officers other than those elected by the Initial Board shall hold office for one (1) year terms, and all officers shall serve until their respective successors are elected and qualified. Section 4. Resignation. Any officer of the Corporation may resign at any time by giving written notice to the Board of Directors, or to any other officer of the Corporation. Any such resignation is effective when the notice is delivered, unless the notice specifies a later date, and shall be without prejudice to the contract rights, if any, of such officer. Section 5. Removal. The Board of Directors may remove any officer elected by it, with or without cause. The removal shall be without prejudice to the contract rights, if any, of the person so removed. Section 6. Vacancies. If the office of any officer becomes vacant by any reason, the directors may appoint a successor who shall hold office for the unexpired term. Section 7. Remuneration.. No salary or other remuneration shall be paid to an officer or employee of the Corporation unless approved in advance by the City Council and the Borough Assembly. Section B. Executive Director. The City Council and Borough Assembly may authorize the Corporation to retain an Executive Director, who shall be responsible for the administration and management of the Corporation. If the City Council and Borough Assembly authorize an Executive Director, the Resolution No. FY2018-06 Appointing Members to the Kodiak Fi... Page 94 of 136 AGENDA ITEM #B.B.3. Executive Director shall be appointed and may be removed as the City Council and Borough Assembly direct ARTICLE VII - DUTIES OF OFFICERS Section 1. President. The President shall preside at all meetings of the Board of Directors.. Section 2. Vice President. The Vice President shall, in the absence or disability of the President, perform the duties of the President. Section 3. Secretary. The Secretary shall supervise the keeping of the minutes of all meetings of the Board of Directors of the Corporation. The Secretary shall have charge of such books and papers as the Board of Directors may direct, including without limitation those records specified in Article VIII, below, which shall, at all reasonable times, be open to the exam nation of any director upon reasonable notice to the Secretary. The Secretary shall arrange to provide proper notice of all meetings of the Board of Directors. Section 4. Treasurer. The Treasurer shall supervise the keeping of full and accurate accounts of receipts and disbursements in books belonging to the Corporation. Section 5. Contract Rights. The appointment of an officer does not of itself create any contract rights in favor of the officer. ARTICLE VIII - BOOKS AND RECORDS Section 1. Books of Accounts and Minutes. The Corporation: A. Shall keep as permanent records minutes of all meetings of its Board of Directors and a record of all recommendations of any conunittee(s) of the Board of Directors; B. Shall maintain appropriate accounting records; C. Shall keep a copy of the following records at its principal office: 1. The Articles or Restated Articles of Incorporation and all amendments to them currently in effect; 2. The Bylaws or Restated Bylaws and all amendments to them currently in effect; Resolution No. FY2018-06 Appointing Members to the Kodiak Fi... Page 95 of 136 AGENDA ITEM #B.B.3. 3. Its financial statements for the past three (3) years, including balance sheets showing in reasonable detail the financial condition of the Corporation as of the close of each fiscal year, and an income statement showing the results of its operations during each fiscal year prepared on the basis of generally accepted accounting principles or, if not, prepared on a basis explained therein; 4. A list of the names and business addresses of its current directors and officers; 5. Its most recent biennial report delivered to the State of Alaska; 6. Its Application to become an ECCE, and all supporting documents, including but not limited to all right of first refusal contracts with PQS and/or IPQ holders; 7. Records related to every right of first refusal offered to the Corporation, its response to the same, and all related documents, and 8. All reports the Corporation may submit to the National Marine Fisheries Service or the State of Alaska. Section 2. Conies of Resolutions. Any person dealing with the Corporation may rely upon a copy of any of the records of the proceedings, resolutions, or votes of the Board of Directors or shareholders, when certified by the President or Secretary. ARTICLE IX —MISCELLANEOUS PROVISIONS Section 1. Checks and Notes. All financial instruments of the Corporation shall be signed by the officer or officers designated by the Board of Directors. Section 2. Fiscal Year The fiscal year of the Corporation shall be from January 1 through December 31. Section 3. Deposits, All funds of the Corporation not otherwise employed shall be deposited in interest-bearing accounts selected by the Treasurer and approved by a majority of the directors. Resolution No. FY2018-06 Appointing Members to the Kodiak Fi... Page 96 of 136 AGENDA ITEM #B.B.3. Section 4. Acceptance of Gifts, Donations, etc. No gift, donation, bequest, or subscription to the Corporation shall be deemed to have been accepted until acted upon affirmatively by the Board of Directors. Section 5. Conflict of Interest. A director may be present during and participate in discussion and action regarding any Corporation transaction with respect to which a director has a direct or indirect material financial interest Lf and 2aly if: (a) the director discloses the material facts of his or her financial interest; (b) the Board authorizes the conflicting interest transaction by a vote sufficient to meet the Board action requirements of these Bylaws, without counting any interested director's vote; and (c) the Board can demonstrate by clear and compelling evidence that the transaction is reasonable and fair to the Corporation at the time it is authorized, approved, or ratified. If any of the foregoing conditions are not satisfied with respect to any transaction involving the Corporation in connection with which a director has a direct or indirect material financial interest, such director may not be present during and may not participate in any discussion or action with respect to such transaction. ARTICLE X - PARLIAMENTARY PROCEDURE The most recent edition of Robert's Rules of Order shall govem questions of parliamentary procedure at all meetings of the Board of Directors, the Executive Committee, or any other committee of the Corporation. ARTICLE XI - AMENDMENTS These Bylaws may be amended or replaced only by a joint resolution of the City Council and Borough Assembly. ARTICLE XII - INDEMNIFICATION, INSURANCE, AND BONDING Section 1. Officers and Directors. The Corporation shall indemnify and defend all present and former directors, officers, employees, and agents of the Corporation against any expenses of any proceeding (including by or in the right of the Corporation) to which they are parties because they are or were directors, officers, employees, or agents of the Corporation, all as defined and to the fullest extent permitted by law. Section 2. Insurance. The Corporation may purchase and maintain insurance on behalf of any person who is or was serving at the request of the Corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, other enterprise, or employee benefit plan Resolution No. FY2018-06 Appointing Members to the Kodiak Fi... Page 97 of 136 AGENDA ITEM #B.B.3. against any liability asserted against such person and incurred by such person in any such capacity or arising out of such person's status as such, whether or not the Corporation would have the power to indemnify such person against such liability under the provisions of this Article. Section 3. Bonding. The Board may require that any person authorized to sign checks for the Corporation shall furnish, at the expense of the Corporation, a fidelity bond in such sum as the Board shall prescribe. ADOPTED by the initial Board of Directors on September 13, 2005. t G"wC�D� Je • Bongen, Pr sib 'dent Laine O'Brien, Secretary IL%h RCCRIgR/MKOULIK 16 MS UEVEW111TNT rl40CPTON RPIAWSY61i'pA Resolution No. FY2018-06 Appointing Members to the Kodiak Fi... Page 98 of 136 AGENDA ITEM #B.B.3. against any liability asserted against such person and incurred by such person in any such rapacity or arising out of such person's status as such, whether or not the Corporation would have the power to indenutify such person against such liability under the provisions of this Article. Section 3. BondinP. The Board may require that any person authorized to sign checks for the Corporation shall furnish, at the expense of the Corporation, a fidelity bond in such sum as the Board shall prescribe. ADOPTED by the initial Board of Directors on September 13, 2005. Jerry Bongen, president Laine O'Brien, Secretary II � R V.l\<OPIOR�iL�ROM,.K iEXry6 pFV[IpPNEM /��]Rtl.'1M1 tllU W Si1Ri®.Rj,C,p Resolution No. FY2018-06 Appointing Members to the Kodiak Fi... Page 99 of 136 AGENDA ITEM #B.B.3. AK Enlily 9:9290 Dale Filed; 0/111¢ooS WOO ANI Stataor Aleaea ARTICLES OF INCORPORATION iDeaa enenl cr camAw,ea OF KODIAK FISHERIES DEVELOPMENT ASSOCIATION The undersigned incorporators hereby adopt the following Articles of Incorporation: ARTICLE I The name of the corporation is Kodiak Fisheries Development Association (the "Corporation"), ARTICLE n The Corporation shall have perpetual duration. ARTICLE III The Corporation is organized exclusively to promote the social welfare of the City of Kodiak and the Kodiak Island Borough (together, the "Kodiak Community"), consistent with Section 501(c)(4) of the Internal Revenue Code of the United States (as the same may be amended, supplemented, or replaced from time to time, the "Internal Revenue Code"). Subject to the foregoing, the specific purposes for which the Corporation is organized are as follows: A. To act as an Eligible Crab Community Entity ("ECCE") on behalf of the Kodiak Community for purposes of exercising rights of first refusal in connection with proposed transfers of processor quota shares and individual processor quota, pursuant to the Bering Sea/Aleutian Island crab rationalization program regulations set forth at 50 C-F.R. part 680, as the same may be amended from time to time (the Regulations"); B. Subject to the Council of the City of Kodiak and the Kodiak Island Borough Assembly specifically authorizing it to do so, to act as an Eligible Crab Community Organization ("ECCO") for the Kodiak Community for State or Alaska Dwnotk Caryttaaon FamaiAw a Pegg.) 11111IN1111111111(1111111111111111111111111 Resolution No. FY2018-06 Appointing Members to the Kodiak Fi... Page 100 of 136 AGENDA ITEM #B.B.3. purposes of holding crab rationalization quota shares on behalf of the Kodiak Community and making the resulting individual fishing quota available to residents of the Kodiak Community; and V C. In general, to exercise those powers set forth in AS 10,20.005, et seg., as now enacted or as may hereafter be amended, and to exercise such other powers that now are or hereafter may be conferred by law upon a corporation organized for the purposes set forth herein or that are necessary or incidental to the powers so conferred, subject only to such limitations that are or may be prescribed by state or federal law, any resolution of the Council of the City of Kodiak or the Kodiak Island Borough Assembly, these Articles of Incorporation, and the Corporations Bylaws, including without limitation the limitations placed on organizations exempt from taxation under Section 501(c)(4) of the Internal Revenue Code. ARTICLE IV Provisions for regulating the affairs of the Corporation, including provisions for distribution of assets on final liquidation, are as follows: A. The Corporation shall not engage in any transactions or activities prohibited by the applicable sections of Subchapter F of Chapter 1 of the Internal Revenue Code, or of the Alaska Nonprofit Corporation Act, as they are now in effect or may be afterwards amended, supplemented, or replaced. B. No more than an unsubstantial part of the Corporation's activities shall consist of unrelated trade or business as defined in Section 513 of the Internal Revenue Code. C. No part of the net earnings of the Corporation shall inure to the benefit of any private individual, or any officer, director, employee, or agent of the Corporation or substantial contribution to it, except as reasonable compensation for services actually rendered to the Corporation. D. No loan shall be made by the Corporation to any director or officer of the Corporation. E, The Corporation shall not directly or indirectly participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office, ballot initiative, or other voter resolution, nor shall any substantial part of its activities consist of attempting to influence legislation by propaganda or otherwise. Resolution No. FY2018-06 Appointing Members to the Kodiak Fi... Page 101 of 136 AGENDA ITEM #B.B.3. F. The Corporation shall be dissolved in accordance with the relevant provisions of the Alaska Nonprofit Corporation Act, AS 10.20.290 et seq, Upon dissolution of the Corporation, its assets shall be distributed to organizations whose purposes and activities are substantially the same as those of the Corporation for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, or shall be distributed to the federal government or to a state or local government, for a similar public purpose. Any such assets not so disposed of by the Corporation in the course of winding up its affairs shall be disposed of by a court of competent jurisdiction in the judicial district in which the principal office of the Corporation is then located, exclusively for such exempt purposes or to such organization or organizations as said court shall determine are organized and operated exclusively for such exempt purposes. G. The Corporation shall have no members. H. The management of the Corporation is hereby vested in its Board of Directors. The number of directors, their terms, and their qualifications shall be as specified in the Bylaws of the Corporation. ARTICLE V LIMITATION OF LIABILITY A director of the Corporation shall not be personally liable to the Corporation for monetary damages for conduct as a director, except for: A. Any breach of the director's duty of loyalty to the Corporation; B. Acts or omissions involving intentional misconduct by the director or a knowing violation of law by the director, or C Any transaction from which the director will personally receive a benefit in money, property, or services to which the director is not legally entitled. If the Alaska Nonprofit Corporation Act is amended to authorize corporate action further eliminating or limiting the personal liability of directors, then the liability of a director of the Corporation shall be eliminated or limited to the fullest extent permitted by the Alaska Nonprofit Corporation Act, as so amended. Any repeal or modification of the foregoing paragraph by the Corporation shall not adversely affect any right or protection of a director of the Resolution No. FY2018-06 Appointing Members to the Kodiak Fi... Page 102 of 136 AGENDA ITEM #B.B.3. Corporation with respect to any rights or omissions of such director occurring prior to such repeal or modification. ARTICLE VI REGISTERED AGENT The name of the initial registered agent and the address of the initial registered office of the Corporation are: National Registered Agents, Inc. 801 West 10th Street, Suite 300 Juneau, Alaska 99801 ARTICLE VII INITIAL DIRECTORS The Corporations initial Board of Directors shall consist of three (3) persons who shall serve until their successors are elected and qualify. The names and addresses of the initial directors are: Name: Ms. Linda Freed Address: 210 W[ 0 ti- k� 94FIS Name: MrJerome Seib" 1[od:t Ztl�j soao..JL Address: 7ia Fl,ll l a / Zy-Z l Q-, g9btS Name: M5�{'. Joseph Sullivan Address: JLe l.o.aa�, Srn.t- S��> < 2li Resolution No. FY2018-06 Appointing Members to the Kodiak Fi... Page 103 of 136 AGENDA ITEM #B.B.3. ARTICLE VIII INCORPORATORS The names and addresses of the incorporators of the Corporation are: Name: Ms. Linda Freed G iT11 �Ft4cz>,kL- Address:a..t 1Lo—c'_. Name: Jerome Selby • •- iv- ff �r Name: Mr. Joseph %11i} Address: L G r, ,1 L4,, 2m Ko " 4-4 94615" k--. I EXECUTED this day o�Ieh, 2005. Incorporator �..._ Incoor .Incorporator u� IMfi�nm+rn.,mnss a mva,vxnruummu; ¢x9ausmwooc Resolution No. FY2018-06 Appointing Members to the Kodiak Fi... Page 104 of 136 Kodiak Fisheries Development Association Statement of NAiCS Code The undersigned incorporator of the Kodiak Fisheries Development Association hereby states that the following North American Industry Classification System Code: 9261 mast closely describes the activities in which the Kodiak Fisheries Development Association will initially engage. DATED: April L 7005. V� seph M. SuWvan, Incorporator WdTD1110FinHHo WlpMatm;rR AGENDA ITEM #B.B.3. Resolution No. FY2018-06 Appointing Members to the Kodiak Fi... Page 105 of 136 AGENDA ITEM #C.C.1. KODIAK ISLAND BOROUGH STAFF REPORT ' JULY 20, 2017 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No.FY 2018-04 Amending KIBC Title 3 Revenue And Finance To Add Chapter 3.80 Excise Tax On Cigarettes And Other Tobacco Products. ORIGINATOR: Bill Roberts RECOMMENDATION: Adopt Ordinance No. 2018-04 in first reading to advance to public hearing at the next regular meeting of the Assembly. DISCUSSION: Due to 2018 budget constraints and recent cuts in Federal and State funding, it has become necessary for the Borough to expand its tax base. After researching all possible options, a tax on cigarettes and other tobacco products is the most palpable option. The Borough will exercise its authority granted to it by Alaska Statutes AS29.35.010 to levy a tax. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Ordinance No.FY 2018-04 Amending KIBC Title 3 Revenue And Fi... Page 107 of 136 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AGENDA ITEM #C.C.1. Introduced by: Borough Manager Drafted by: Assessing Director Introduced on: 07/20/2017 Public Hearing Dale: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2018-04 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 3 REVENUE AND FINANCE TO ADD CHAPTER 3.80 EXCISE TAX ON CIGARETTES AND OTHER TOBACCO PRODUCTS. WHEREAS, recent cuts in Federal and State funding has necessitated the need for the Kodiak Island Borough to expand its lax base; and WHEREAS, the Kodiak Island Borough wishes to exercise the authority granted to it by AS 29.35.010 to levy a tax; and WHEREAS, of all possible options researched, a lax on cigarettes and other tobacco products is the most palpable. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Classification. This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Enactment. Title 3 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: Chapter 3.80 EXCISE TAX ON CIGARETTES AND OTHER TOBACCO PRODUCTS Sections 3.80.010 Applicability, purpose and authority 3.80.020 Definitions 3.80.030 Excise tax on cigarettes and other tobacco products. 3.80.040 Exemptions. 3.80.050 License required for dealers in cigarettes or tobacco products: issuance. 3.80.060 Display of license: suspension or revocation by borough; surrender. 3.80.070 Refund of tax or license fee. 3.80.080 Tax returns. 3.80.090 Involuntary returns. 3.80.100 Amended returns. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-04 Page 1 of 12 Version 1 Ordinance No.FY 2018-04 Amending KIBC Title 3 Revenue And Fi... Page 108 of 136 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 AGENDA ITEM #C.C.1. 3.80.110 Application of payments. 3.80.120 Prohibited acts and penalties. 3.80.130 Civil fraud. 3.80.140 Tax lien. 3.80.150 Interest on unpaid tax. 3.80.160 Taxpayer, licensee, or other person remedies. 3.80.170 Inspection and maintenance of documents and other records. 3.80.180 Administrative regulations. 3.80.190 Confidentiality of tax records. 3.80.010 Applicability, purpose and intent. A. _Applicability. Unless otherwise expressly provided, this chapter shall apply areawide to all cigarettes and tobacco products brought into or acquired in the borough, including smokeless tobacco products and electronic cigarettes. B. Purpose and intent. It is the purpose and intent of this chapter to provide for the levy, collection and enforcement of the excise tax from the distributor who brings cigarettes or other tobacco products into the Borough. The excise tax is levied when a distributor brings, or causes to be brought, cigarettes or other tobacco products into the Borough from outside the Borough for sale. A. "Borough" means the Kodiak Island Borough, Alaska. B. "Brought into or acquired" includes all manners, ways, and modes of bringing into or obtaining cigarettes or tobacco products in the borough. D. "Cigarette" means a roll for smoking of any size or shape, made wholly or partly of tobacco, whether the tobacco is flavored, adulterated, or mixed with another ingredient, if the wrapper or cover of the roll is made of paper or a material other than tobacco. E. "Department" means the borough finance department. Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion — Red, Strikeout Page 2 of 12 Insertion — Bold, Blue, Underlined Version 1 Ordinance No.FY 2018-04 Amending KIBC Title 3 Revenue And Fi... Page 109 of 136 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 II 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 AGENDA ITEM #C.C.1. other tobacco products which were acquired exempt of the borough excise tax under this chapter. I. "Licensee" means a person licensed under this chapter. J. "Manufacturer" means a person who makes, fashions or produces cigarettes or other tobacco products for sale to distributors or other persons within the borough. K. "Other tobacco products" means: 1. A cigar; 2. A cheroot; 3. A stogie; 4. A perique; 5. Snuff and snuff flour; 6. Smoking tobacco, including granulated, plug -cut, crimp -cut and ready -rubbed tobacco, and any form of tobacco suitable for smoking in a pipe or cigarette; 7. Chewing tobacco, including cavendish, twist, plug, or scrap tobacco and tobacco suitable for chewing; 8. An article or product made of tobacco or a tobacco substitute, but not including a cigarette as defined in this section or a tobacco substitute prescribed by a licensed physician; or N. 'Purchase" means the acquisition of ownership or possession of cigarettes or other tobacco products from any source. Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion — Red, Strikeout Page 3 of 12 Insertion— Bold, Blue, Underlined Version 1 Ordinance No.FY 2018-04 Amending KIBC Title 3 Revenue And Fi... Page 110 of 136 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 AGENDA ITEM #C.C.1. P. "Retail" means a sale to a consumer or to any person for any purpose other than for resale. Q. "Retailer" means a person in the borough who is engaged in the business of selling cigarettes or other tobacco products at retail. R. "Sale" includes a sale, barter, exchange and every other manner of transferring the ownership of personal property. S. "Tax" means the cigarette and other tobacco products excise tax assessed pursuant to this chapter. T. "Tax return" means the quarterly report to be submitted to the department as required by this chapter. V. "Wholesale price" means the established price for which a manufacturer sells a tobacco product to a distributor or other person, after deduction of a discount or other reduction received by the distributor for quantity or cash. 3.80.030 Excise tax on cigarettes and tobacco products. 3.80.040 Exemptions. The tax imposed under this chapter does not apply to: A. Cigarettes and other tobacco products if the United States Constitution or other federal laws prohibit the levying of this tax on such products within the borough. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion—Bold, Blue, Underlined Ordinance No. FY2018-04 Page 4 of 12 Version 1 Ordinance No.FY 2018-04 Amending KIBC Title 3 Revenue And Fi... Page 111 of 136 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 no 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 AGENDA ITEM #C.C.1. 1. The applicant's name and address: 2. The name under which the cigarette or tobacco products business will be conducted: 3. The applicant's cigarette or tobacco products business categories as a manufacturer, distributor, direct -buying retailer, vending machine operator or buyer; 4. In the case of a vending machine operator, the number of vending machines which will be operated; and 5. Other information required by the department's application form. D. Other licensing requirements. A license required by this chapter is in addition to any other license required by law. E. Contents of license. A license issued under this chapter shall include: 1. The name and address of the licensee; 2. The type of business to be conducted; 3. The address at which the business is conducted; and 4. The years for which the license is issued. F. Application fee. Each application for a license under this section must be accompanied by a license fee in the amount of $100.00. H. Transfer of license. A license issued under this chapter is not assignable or transferable. However, in the case of death, bankruptcy, receivership on incompetency of Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-04 Page 5 of 12 Version 1 Ordinance No.FY 2018-04 Amending KIBC Title 3 Revenue And Fi... Page 112 of 136 AGENDA ITEM #C.C.1. 254 the licensee, or if the business of the licensee is transferred to another person by 255 operation of law, the department may in its discretion extend the license for a limited 256 time to the executor, administrator, trustee or receiver, or the transferee of the licensee 257 258 3.80.060 Display of license; suspension or revocation by borough: surrender. 259 A. A license issued under this chapter must be prominently displayed at the licensee's 260 place of business. 261 262 B. The department may suspend or revoke a license issued under this chapter: 263 264 1. For violation of this chapter or a regulation of the borough adapted pursuant to this 265 chapter; or 266 267 2. If a licensee ceases to act in the capacity for which the license was issued. 268 269 C. A licensee shall surrender a license to the borough within ten days after: 270 271 1. A revocation of a license: 272 273 2. A cessation of business: 274 275 3. A change of ownership of; or 276 277 4. A change of a place of business. 278 279 D. No person whose license is suspended or revoked shall sell cigarettes or tobacco 280 products or permit cigarettes or tobacco products to be sold during the period of the 281 suspension or revocation on the premises occupied or controlled by that person. No 282 disciplinary proceeding or action is barred or abated by the expiration transfer, 283 surrender, renewal or extension of a license issued under this chapter. 284 285 3.80.070 Refund of tax or license fee. 286 A. The department shall not refund the license fee paid pursuant to this chapter upon 287 the surrender or revocation of a license after the beginning of the license year. Upon 288 application, the department will refund a license fee that is paid or collected in error. 289 290 B. If a remittance by a licensee exceeds the amount due, and the department, on audit of 291 the account in question, is satisfied that this is the case, the department shall upon 292 written request of the licensee, refund the excess to the licensee without interest. 293 - 294 C. Any claim for refund filed more than one year after the due date of the tax is forever 295 barred. 296 297 3.80.080 Tax returns. 298 A. Each year, on or before the last day of the calendar month immediately following 299 March 31, June 30, September 30 and December 31, all licensees shall submit to the 300 department a tax return, upon forms provided by the department, and submit payment 301 for the taxes due. 302 303 1. The return shall be signed under penalty of penury by the licensee or his agent and 304 must include: 305 306 a. The name and address of the licensee: Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion — Red, Strikeout Page 6 of 12 Insertion— Bold, Blue, Underlined Version 1 Ordinance No.FY 2018-04 Amending KIBC Title 3 Revenue And Fi... Page 113 of 136 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 AGENDA ITEM #C.C.1. b. The name and address of the person filing the return, if different from the licensee; C. The number of the license issued under this chapter; d. The name under which the cigarette or tobacco business is being conducted; e. The number of cigarettes manufactured, brought into or acquired in the borough during the preceding month from any source whatsoever; f._ The wholesale price of all tobacco products brought into or acquired in the borough during the preceding month from any source whatsoever; g. The names of persons from whom cigarettes and other tobacco products were brought into or acquired in the borough during the preceding month from any source whatsoever; h. The number of cigarettes brought into or acquired in the borough from each person named in subsection (A)(1)(g) of this section; I. Deductions claimed for the number of cigarettes and the wholesale price of other tobacco products for which exemptions are claimed under this chapter; I. Such other information and supporting documentation as may be required by the department to be included with the return. B. Each licensee shall report the cigarette and other tobacco product sales for which an exemption is claimed as a deduction on its quarterly tax return to the department and shall provide a copy of an invoice or other document satisfactory to the department supporting each sale to a cardholder. D. The taxes imposed under this chapter and the return required by this section must be received by the department or postmarked on or before the date the return becomes due. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-04 Page 7 of 12 Version 1 Ordinance No.FY 2018-04 Amending KIBC Title 3 Revenue And Fi... Page 114 of 136 AGENDA ITEM #C.C.1. 360 businesses. A licensee for whom an involuntary return is filed under this section shall be 361 subject to liability for the tax stated in the return, as well as subject to the penalties and 362 interest provided for in this chapter. A return prepared by the department is, prima facie. 363 good and sufficient for all legal purposes. However, nothing prevents the licensee from 364 presenting evidence in an appeal to rebut the presumed sufficiency of a return prepared 365 by the department, nor does the presumption of sufficiency alter the parties' respective 366 burdens of proof once the licensee has presented evidence to rebut that presumption. 367 368 03.80.100 Amended returns. 369 A Any tax return filed hereunder may be amended by the licensee within one year after 370 the due date of the tax return being amended. No amendment by the licensee shall be 371 allowed after this one-year period. 372 373 B Any tax return prepared and filed by the department on behalf of the licensee may be 374 amended_by the licensee within one year of the date filed by the department. No 375 amendment by the licensee shall be allowed after this one-year period. 376 377 03.80.110 Application of payments. 378 Any payment submitted to the finance director for any taxes, penalties, interest, or cost 379 due under any provision of this chapter or any return or any finding or determination by 380 the finance director under this chapter shall be credited to the quarterly tax payment for 381 which it was remitted, first to the payment of costs and then to penalties, interest, and 382 taxes due, in that order. 383 384 03.80.120 Prohibited acts and penalties. 385 A. Unless done in compliance with the provisions of this chapter, no person may: 386 387 1. Import cigarettes or other tobacco products into the borough: 388 389 2. Sell, transfer or acquire cigarettes or other tobacco products in the borough: or 390 391 3. Participate in the importation into the borough or in the sale, transfer or acquisition 392 within the borough of cigarettes or other tobacco products. 393 394 B. A penalty of ten percent (10%) of the taxes due shall be incurred automatically when a 395 person fails to pay the full amount of the tax due under this chapter within seven 396 calendar days following its due date. An additional penalty of ten percent (10%) of the 397 taxes due shall be incurred automatically when a person fails to file a tax return or report 398 within seven calendar days following its due date under this chapter. If a person fails to 399 pay the full amount of the tax due and/or file a tax return or report required under this 400 chapter within sixteen calendar days after its due date, the six percent penalties incurred 401 above shall be increased automatically to fifteen percent. The penalty shall be computed 402 on the unpaid balance of the tax liability as determined by the department. 403 404 1. Notice of the penalties incurred and to be incurred shall be given to the person 405 responsible for payment of the taxes or for filing the return or report when such tax 406 payment or return or report is delinquent for seven calendar days after its due date. 407 408 2. The penalties provided for in this section shall be in addition to all other penalties and 409 interest provided for under this chapter. 410 Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion — Red, Strikeout Page 8 of 12 Insertion — Bold, Blue, Underlined Version 1 Ordinance No.FY 2018-04 Amending KIBC Title 3 Revenue And Fi... Page 115 of 136 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 AGENDA ITEM #C.C.1. D.All penalties and remedies enumerated in this chapter are cumulative. B. If it Is determined by the department that a tax deficiency or part of a tax deficiency is due _to_fraud, then a penalty will be added to the tax. The penalty is fifty percent 150%1 of the deficiency due or $500, whichever is greater. The penalty is computed on the total amount of the deficiency due. D. To establish civil fraud, the department must prove by clear and convincing evidence that: 1. the tax liability was understated; and 2. the understatement was the result of an intent to evade tax. E. An intent to evade tax may be demonstrated by any relevant evidence, including but not limited to the following: 1._the _person has provided false explanations regarding understated or omitted acquisitions of cigarettes or tobacco products; 2. the person has provided falsified or incomplete source documents: 3. the person has not justified an omission or understatement of a significant amount of acquisitions of cigarettes or tobacco products; or 4. the person has substantially overstated a deduction and has failed to iustify the overstatement. person. Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion — Red, Strikeout Page 9 of 12 Insertion — Bold, Blue, Underlined Version 1 Ordinance No.FY 2018-04 Amending KIBC Title 3 Revenue And Fi... Page 116 of 136 AGENDA ITEM #C.C.1. 464 B. The lien imposed by this section arises upon delinquency and continues until the 465 amount is paid or a judgment against the person arising out of the liability is satisfied. 466 467 C. A lien arising out of a tax due under this chapter, including the penalties and interest 468 on the tax, is, subject to A.S. 29.45.300, a lien prior, paramount, and superior to all other 469 liens, mortgages, hypothecation, conveyances, and assignments, upon all real and 470 personal property of the person liable for the tax and upon all the real and personal 471 property used with the permission of the owner to carry on the business which is subject 472 to the tax. 473 474 D. The lien on personal and real property may be enforced as provided in A.S. 29.45.300 475 — 29.45.480 for enforcement of real and person property tax liens. 476 477 3.80.150 Interest on unpaid tax. 478 In addition to any penalties imposed by this chapter, interest at the rate of twelve percent 479 (12%) per annum shall be charged on the unpaid balance of delinquent taxes. 480 481 3.80.160 Taxpayer, licensee, or other person remedies. 482 A. Any person aggrieved by any action of the finance director in issuing, suspending. 483 revoking, or refusing to issue any license under this chapter or in fixing the amount of 484 taxes, penalties, interest, or costs under this chapter may apply to the borough clerk and 485 request a hearing within 30 days from the date the finance director mails the notice of the 486 finance director action. Upon timely application under this subsection for a hearing, the 487 assembly shall hold a hearing to determine whether a correction is warranted. Hearings 488 before the assembly under this subsection may, at the option of the assembly, be 489 conducted by an administrative hearing officer designated by the assembly. The hearing 490 officer shall conduct the hearing and prepare findings and conclusions. These findings 491 and conclusions must be forwarded to the assembly for adoption, resection, or 492 modification and issuance of a final order or decision by the assembly. An application for 493 a hearing must notify the borough clerk of the specific action complained of and amount 494 of tax, interest, cost, or penalty contested and the reason it is contested. After receipt of 495 a written decision by the assembly, a person may appeal to the Superior Court of the 496 Third Judicial District in accordance with the Alaska Appellate Court rules. The person 497 shall be given access to the department's file in the matter for preparation of the appeal. 498 499 B. A request for appeal is filed on the date it is personally delivered, or is delivered to the 500 borough clerk by the United States Postal Service, the date of the postmark stamped on 501 the properly addressed cover in which the request is mailed. If the due date falls on 502 Saturday. Sunday, or a borough observed holiday, the due date is the next working day. 503 A current mailing address must be provided to the borough clerk with the request for 504 appeal, and any change in mailing address after the request for appeal is filed must be 505 reported to the borough clerk. 506 507 C. If the notice to the person pursuant to subsection A of this section shows an amount 508 due, the uncontested portion of the amount due must be paid within 30 days after the 509 date of the notice. If the uncontested amount is not paid within 30 days, collection action 510 will be taken on that amount even if the person has filed a request for appeal. Payment of 511 the total amount due may be made any time before the hearing. If the finance director has 512 reason to believe that collection of the total amount due might jeopardize by delay. 513 immediate payment of the total amount will be demanded and the finance director may 514 pursue any collection remedies provided by law. Payment in full does not affect the 515 person's right to a hearing. 516 Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion — Red, Strikeout Page 10 of 12 Insertion — Bold, Blue, Underlined Version 1 Ordinance No.FY 2018-04 Amending KIBC Title 3 Revenue And Fi... Page 117 of 136 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 AGENDA ITEM #C.C.1. D. If a person requests a hearing and fails to appear at the hearing, the assembly or hearing officer may issue a decision without taking evidence from that person, unless that erson shows reasonable cause for failure to appear within seven days after the date scheduled for the hearing. 3.80.170 Inspection and maintenance of documents and other records. A. Every person subject to this chapter shall keep a complete and accurate record of all cigarettes and other tobacco products manufactured, purchased, sold, brought into, transported outside of, or acquired in the borough by such person. 1. Except in the case of a manufacturer, the records shall include a statement containinq the name and address of the person from whom cigarettes or other tobacco products were purchased or acquired, the date of delivery, the quantity of cigarettes and other tobacco.. products, the trade name and brand, and the price paid for other tobacco products purchased. 2. Each invoice or other documentation of the sale of cigarettes or other tobacco products within the borough shall state whether the tax imposed under this chapter has been paid. 3. Persons subject to this chapter shall keep such other documents and records as the department prescribes. 4. All documents and records required by this section shall be preserved by persons subject to this chapter for three years. All records and documents required by this chapter to be kept or retained are subject to inspection within the borough upon demand by the department. B. A licensee transferring or selling cigarettes or other tobacco products to a cardholder must keep a record of cigarettes and other tobacco products transferred or sold to such person, including the serial number of the exemption card. C. The borough finance director or other authorized designee may, during business hours, enter the business premises of a licensee or cardholder where cigarettes or other tobacco products are kept or stored, so far as it may be necessary for the purpose of examining such products and the related business records. 3.80.180 Administrative regulations. The finance director may adopt policies and procedures providing for the application and interpretation of this chapter and provide forms for reporting and collecting the tax imposed herein. Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion — Red, Strikeout Page 11 of 12 Insertion — Bold, Blue, Underlined Version 1 Ordinance No.FY 2018-04 Amending KIBC Title 3 Revenue And Fi... Page 118 of 136 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 AGENDA ITEM #C.C.1. 3.80.190 Confidentiality of records. A. All tax returns, documents, records, and/or reports filed with the borough pursuant to this chapter and all data obtained from tax returns, documents, records, and/or reports are confidential as provided by KIBC 2.40.100 and may not be released for inspection by any person except the licensee, mayor, treasurer, borough attorney, or the assembly: provided, however, that such data may be released upon court order. B. It is_the _duty of the borough clerk to safely keep tax returns, documents, records and/or reports and all data thereof secure from public and private inspection except as provided by this chapter. C. This section does not prohibit the borough from compiling and publishing statistical analysis concerning the data submitted; provided, that no identification of particular tax returns, documents, records, and/or reports is made. Nothing in this section shall be deemed to prohibit the internal auditor from examining the tax returns, documents, records, and/or reports; provided, that no information obtained from specific or identified tax returns shall be made available to persons other than those authorized to review them under subsection A of this section. Section 3: Severability. Should any portion of this ordinance or any application thereof to any person or circumstances is held invalid, the remainder of this ordinance and application as to any person or circumstances shall not be affected thereby. Section 4: Effective Date. This ordinance shall take effect September 1, 2017. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined 2017. ATTEST: Nava M. Javier, MMC, Clerk Ordinance No. FY2018-04 Page 12 of 12 Version 1 Ordinance No.FY 2018-04 Amending KIBC Title 3 Revenue And Fi... Page 119 of 136 ,! ,t KODIAK ISLAND BOROUGH CIGARETTE AND TOBACCO PRODUCTS d ' EXCISE TAX LICENSE APPLICATION ee AGENDA ITEM #C.C.1. Return with Payment to: Kodiak Island Borough Finance Department 710 Mill Bay Road Kodiak, Alaska 99615 LICENSE YEAR JULY 1, 2017 -JUNE 30, 2018 The license will be issued in the name of the applicant given below. All Borough cigarette or tobacco tax returns must be filed under the name of the licensee NAME UNDER WHO BUSINESS WILL BE CONDUCTED LICENSEE NUMBER NAME AND ADDRESS OF APPLICANT FEDERAL EIN OR SSN' CONTACT NAME TELEPHONE NUMBER FAX NUMBER PHYSICAL LOCATION(S) WHERE THE LICENSE 15 APPLICABLE TYPE OF BUSINESS ACTIVITY: A. BUYER B. DIRECT BUYER RETAILER C. DISTRUTOR/WHOLESALER D. MANUFACTURER E. VENDING MACHIN OPERATOR NUMBER OF VENDING MACHINES OPERATED F. RETAIL ONLY 'If your business hasn't been issued a federal employer identification number (EIN), please provide your social security number (5SN). The information is used by the KIB for idnetification purposes only. Indicate the source of your cigarette and tobacco product purchase uLeNhe rne: A $100.00 LICENSE FEE MUST ACCOMPANY THIS APPLICATION MAKE CHECKS PAYABLE TO: KODIAK ISLAND BOROUGH NOTE: A copy of your State of Alaska Cigarette and Tobacco Products License Issued under AS 43.50.010 • .390 must accompany this (PLEASE PRINT) Ordinance No.FY 2018-04 Amending KIBC Title 3 Revenue And Fi... Page 120 of 136 AGENDA ITEM #D.D.1. KODIAK ISLAND BOROUGH STAFF REPORT JULY 20. 2017 ASSEMBLY REGULAR MEETING SUBJECT: Assembly Approval To The Kodiak Fisheries Work Group Invitation Letter To The Subcommittee On Oceans, Atmosphere, and Fisheries. ORIGINATOR: Larry LeDoux RECOMMENDATION: To approve the Kodiak Fisheries Work Group invitation letter to the Subcommittee on Oceans, Atmosphere, and Fisheries. DISCUSSION: This letter is addressed invites the Subcommittee on Oceans, Atmosphere, and Fisheries to Kodiak to conduct a listening session on the reauthorization of the Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act). As one of the leading fishing ports in the nation, Kodiak is uniquely qualified to present a cohesive view of the many aspects of the fishing industry to subcommittee members. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Assembly Approval To The Kodiak Fisheries Work Group Invitat... Page 121 of 136 AGENDA ITEM #D.D.1. Kodiak Island Borough City of Kodiak 710 Mill Bay Road 710 Mill Bay Road Kodiak, AK 99615 Kodiak, AK 99615 907.486.9310 907.486.8636 July 21, 2017 Senator Dan Sullivan 702 Hart Senate Office Washington, DC 20510 Dear Senator Sullivan: The City of Kodiak and the Kodiak Island Borough invite your subcommittee to Kodiak to conduct a listening session on the reauthorization of the Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act). As one of the leading fishing ports in the nation, Kodiak is uniquely qualified to present a cohesive view of the many aspects of the fishing industry to subcommittee members. We understand that, under your chairmanship, the Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard intends to conduct a series of listening sessions around the nation this year on the Magnuson -Stevens Act reauthorization. We believe that in Kodiak your subcommittee will find one of the most varied fishing cultures in Alaska and the nation. Kodiak is the home of multiple fishing fleets, ranging from jig fishermen to groundfish trawlers. The community depends on the harvesting and processing of salmon and cod, halibut and pollock, flatfish and rockfish to support its economy and lifestyle. As well as commercial fishing, our community provides for a healthy sport fishing Industry. Our people have treasured the ocean resources that surround our islands for subsistence and personal use for generations. We attach a recent economic study of the contributions of the fishing industry to our community. Please accept our invitation to have a hearing session here in Kodiak. We stand ready to assist you in whatever way we can to make your visit productive and enjoyable. Sincerely, KODIAK ISLAND BOROUGH Daniel Rohrer Borough Mayor C: Governor Walker Lt. Governor Mellott CITY OF KODIAK Pat Branson City Mayor Assembly Approval To The Kodiak Fisheries Work Group Invitat... Page 122 of 136 AGENDA ITEM #D.D.2. KODIAK ISLAND BOROUGH STAFF REPORT JULY 20,2017 ASSEMBLY REGULAR MEETING SUBJECT: Support For Fisheries Innovation Fund Project Number 57743, "Chinook Salmon Hot Spot Reporting, Mapping And Avoidance Program For The Central Gulf Of Alaska Pollock Fishery." ORIGINATOR: Rebecca Skinner RECOMMENDATION: To approve the letter of support for the Fisheries Innovation Fund Project Number 57743. DISCUSSION: This letter is in support of Project Number 57743, "Chinook Salmon Hot Spot Reporting, Mapping and Avoidance Program for the Central Gulf of Alaska Pollock Fishery' which directly addresses priority number 1 (innovations in bycatch reduction) through the implementation of a Chinook salmon bycatch and hotspot reporting program similar to the Bering Sea pollock fishery rolling hotspot closure program (implemented by Sea State, Inc and in place since 2002), but adapted to the smaller and less sophisticated shore -based Kodiak pollock fleet. This project also meets the geographical priority "Gulf of Alaska groundfish fisheries". ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Support For Fisheries Innovation Fund Project Number 57743, ... Page 123 of 136 AGENDA ITEM #D.D.2. v ��ASKP Kodiak Island Borough City of Kodiak 710 MITI Bay Road 710 Mill Bay Road Kodiak, AK 99615 Kodiak, AK 99615 907.486.9310 907.486.8636 July 21, 2017 Erika Feller Director, Marine & Coastal Conservation National Fish and Wildlife Foundation 1133 Fifteenth Street N.W. Suite 1100 Washington D.C. 20005 N Re: Support for Fisheries Innovation Fund Project Number 57743, "Chino Imon Hot Spot Reporting, Mapping and Avoidance Program for the Central Gulf f Alaska Pollo Ory" Fisheries Innovation Fund full proposal reviewers: The Kodiak Island Borough and City of Kodiak depend on h y and well managed commercial groundfish fisheries. The trawl fisheries in the Gulf of Alaska account for over 60% of all groundfish landed in Kodiak by volume. The community of Kodiak, processor workers, and trawl harvesters derive a large portion of their income from trawl vessel deliveries. Trawl fisheries deliver throughout the year which keeps the processing plants operating year round and allows their processor workers to live year round in our community. The City and Borough of Kodiak has invested millions of dollars in infrastructure to support these high volume fisheries. There are many Kodiak industries thatfsupport and rely on the trawl fisheries including local water, sewer and electric utilities, fuel stopliers, shippers, vessel maintenance facilities and harbor facilities. With pollock quotas on an increasing trend and a static pollock fishery Chinook bycatch cap in place since 2012, Kodiak's shoreside pollock trawl fleet needs help monitoring and controlling their Chinook,611,15itch to maximize pollock harvests and minimize Chinook salmon bycatch to the extent practiSIQILboth which are essential to our community. Alaska Groundfish Data Bank and Sea State, In both well -versed in cooperative research projects as well as bycatch monitoring t, programs and are therefore well qualified to see this project to its fruition. We fully support funding for Project Number 57743, "Chinook Salmon Hot Spot Reporting, Mapping and Avoidance Program for the Central Gulf of Alaska Pollock Fishery" which directly addresses priorly number 1 (innovations in bycatch reduction) through the implementation of a Chinook salmon bycatch and hotspot reporting program similar to the Bering Sea pollock fishery rolling hotspot closure program (implemented by Sea State, Inc and in place since 2002), but adapted to the smaller and less sophisticated shore -based Kodiak pollock fleet. This project also meets the geographical priority "Gulf of Alaska groundfish fisheries". Sincerely, KODIAK ISLAND BOROUGH CITY OF KODIAK Daniel Rohrer, Borough Mayor Pat Branson, City Mayor Support For Fisheries Innovation Fund Project Number 57743, ... Page 124 of 136 AGENDA ITEM #A.A.1. ARCHITECTURAUENGINEERING REVIEW BOARD REGULAR MEETING April 3, 2017, 5:30 p.m. Projects Office Conference Room CALL TO ORDER CHAIR ARNDT called the meeting to order at 5:30 p.m. ROLL CALL Board Members present were Chair Scott Arndt, Rick Ryser, Steven Neff, Colin Young, Jerrol Friend, and Cliff Ford. Also present were Matt Gandel, KIB Project Manager/Inspector, and Kat Peters, KIB Projects Assistant, and Ex-Officios Dave Townsend. Tony Yorba from Jensen Yorba Lott, and Chuck Kenley from PND Engineering were present telephonically. A QUORUM WAS ESTABLISHED. APPROVAL OF AGENDA FRIEND moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES FRIEND moved to approve the minutes from December 12, 2016. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. ELECTION OF OFFICERS CHAIR ARNDT opened up nominations for Chair. FRIEND moved to nominate Scott Arndt for Chair. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY, CHAIR ARNDT opened up nominations for Vice Chair. ARNDT moved to nominate Jerrol Friend for Vice Chair. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. REVIEW OF 65% DRAWINGS FOR MAIN ELEMENTARY WALKWAY Matt Gandel provided an overview of the scope of the project. Chuck Kenley (PND) reviewed the Structural drawings. Discussion ensued. Noted changes will be reviewed and Incorporated into the 95% drawings as needed. Architectural/Engineering Review Board Regular Meeting April 3, 2017 Page 1 of 3 Architectural/Engineering Review Board Regular Meeting Minut... Page 125 of 136 AGENDA ITEM M.A. 1. ARCHITECTURALIENGINEERING REVIEW BOARD REGULAR MEETING April 3,2017,5:30 p.m. Projects Office Conference Room YOUNG moved to approve the 65% documents for the Main Elementary Walkway. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. REVIEW OF 95% DRAWINGS FOR BALER BUILDING ROOF REPLACEMENT Tony Yorba (JYL) reviewed the Architectural drawings. Discussion ensued. Due to a number of changes that need to be incorporated, the Board asked that these be approved as 65% drawings. FRIEND moved to approve as 65% documents for the Baler Building Roof Replacement. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. REVIEW OF 95% DRAWINGS FOR BALER BUILDING SIDING REPLACEMENT Tony Yorba (JYL) reviewed the Architectural drawings. Discussion ensued. Due to a number of changes that need to be incorporated, the Board asked that these be approved as 65% drawings. FRIEND moved to approve as 65% documents for the Baler Building Siding Replacement. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS None STAFF COMMENTS Matt Gandel indicated his desire to move the Main Elementary Walkway project along and suggested an April 20 date for the next ARB meeting to review 95% drawings. Steve Neff will not be In town. BOARD COMMENTS NEFF Inquired about the 70% project reimbursement by the Stale. ADJOURNMENT FRIEND moved to adjourn the meeting VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. MEETING ADJOURNED AT 7:45 P.M. Archilectural/Engineering Review Board Regular Meeting April 3, 2017 Page 2 of 3 Architectural/Engineering Review Board Regular Meeting Minut... Page 126 of 136 ARCHITECTURALIENGINEERING REVIEW BOARD REGULAR MEETING April 3,2017,5:30 p.m. Projects Office Conference Room Respecte submitted: Kat Peters, Proje /c ts Assistant S�'o�f✓�,el Scott Arndt, Chair ArchitecturaVEngineering Review Board Archheclural/Englneering Review Board Regular Meeting ,7 Date Date AGENDA ITEM #A.A.1. April 3, 2017 Page 3 of 3 Architectural/Engineering Review Board Regular Meeting Minut... Page 127 of 136 AGENDA ITEM #A.A.1. ARCHITECTURALIENGINEERING REVIEW BOARD REGULAR MEETING April 25, 2017,5:30 p.m. Projects Office Conference Room CALL TO ORDER CHAIR ARNDT called the meeting to order at 531 p.m. ROLL CALL Board Members present were Chair Scott Arndt, Bill Barton, Cliff Ford, Jerrol Friend, and Colin Young. Also present was Matt Gandel, KIB Project Manager/Inspector. Chuck Kenley from PND Engineering was present telephonically. A QUORUM WAS ESTABLISHED APPROVAL OF AGENDA FRIEND moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REVIEW OF 95% DRAWINGS FOR MAIN ELEMENTARY WALKWAY Chuck Kenley (PND) reviewed the updated structural drawings Incorporating previous ARB comments. Discussion ensued. Noted changes will be reviewed and Incorporated into the bid drawings. YOUNG moved to approve the 65% documents for the Main Elementary Walkway. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS None STAFF COMMENTS Matt Gandel requested the Board consider a meeting In early to mid May to review the 95% documents for the Baler Building Roof and Baler Building Siding projects. It was agreed that the next meeting would be scheduled for May 230, BOARD COMMENTS Nona ADJOURNMENT FRIEND moved to adjourn the meeting Archllectural/Engineering Review Board Regular Meeting Apd125,2017 Page 1 of 2 Architectural/Engineering Review Board Regular Meeting Minut... Page 128 of 136 ARCHITECTURALIENGINEERING REVIEW BOARD REGULAR MEETING April 25, 2017, 5:30 p.m. Projects Office Conference Room VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. MEETING ADJOURNED AT 6:14 P.M. Respectively,,submitted. l ' v Kai Peters, Peters, Projects Assistant _>/n�/7, Scott Arndt, Chair Architectural/Engineering Review Board Architectural/Engineering Review Board Regular Meeting L41e' /-1 Date 66X- 2012 Date AGENDA ITEM #A.A.1. April 25, 2017 Page 2 of 2 Architectural/Engineering Review Board Regular Meeting Minut... Page 129 of 136 SOLID WASTE ADVISORY BOARD REGULAR MEETING MINUTES May 15, 2017@ SAS PM Kodiak Island Borough Conference Room Cali to Order AGENDA ITEM #A.A.1. Chair Szabo called to order the Regular Meeting of the Solid Waste Advisory Board at 5:17 p.m. on May 15, 2017 at the Kodiak Island Borough Conference Room. Roll Call J. Clay conducted a roll call and a quorum was established. The following members were present; Chair Nick Szabo, Jeff Stewart, Steven Neff and Scott Arndt. Absent was Jennifer Culbertson. Nathan Svoboda arrived at 5:20. Also in attendance was Bob Tucker of the Kodiak Island Borough, Ex -Officio member Robert Gray of USCG, Stephanie Mason of Threshold, Mike Shrewsbury of Alaska Waste and Matt Van Dale of Kodiak Island Borough Assembly. Approval of Agenda ARNDT moved to approve the agenda. VOICE VOTE ON MOTION CARRRIED UNANIMOUSLY. Approval of Minutes ARNDT moved to approve the minutes of April 17, 2017 VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Visitor Comments: Marissa Koller- runs a community wellness program called Healthy Tomorrows which was grant funded through Providence. She wanted to speak in favor of banning plastic bags. She and Stephanie Mason of Threshold have been visiting schools and worked with them on a reusable bag project made out of old T-shirts. She has spoken with Safeway about a reusable bag exchange program where there would be a bin outside of Safeway. This would help if you forgot your bags and they would be available for you to use, take home, wash and return to the bin. Safeway was in favor of having the bin as long as an organization or person was there to monitor it so it doesn't fill up with garbage or bags that are moldy. They were waiting to hear back from the Women's Bay Council to see if they were interested in taking it over. She thanked SWAB for considering this ordinance and would help in any way she could. Architectural/Engineering Review Board Regular Meeting Minut... Page 130 of 136 AGENDA ITEM #A.A.1. Mary Ruskovich — We have the opportunity to become good stewards of our environment and to lead the way with the rest of Alaska to show that we care about our natural resources and our community. Chasity at Discover Kodiak has done a really nice job of getting the tourism summit to come here in October. We can do our part to make it as beautiful as we can and get people to enjoy the environment for generations to come. She appreciated SWAB looking into this and hoped it passed. Don Roberts — Has been in Kodiak about 20 years. He knows SWAB wants to maximize the recycling effort. He thought about why people recycle or don't recycle. He would like SWAB to consider a survey to find out people's needs such as do they have space to recycle, do they own or rent, or have disabilities. All these factors can come into play whether a person recycles or not. When he did not have a vehicle he could not recycle. He also lives in a small apartment and the sorting process becomes burdensome as there was no place to put it. He thinks a lot of people would like to recycle if it were less inconvenient. People have no money to pay to recycle metals and it goes into the dumpster. He suggested coupons that could be purchased toward such recycling. Jennifer Newby— is a biologist with NOAA. She knew a plastic ban was up for consideration and wanted to thank the Board for taking the time to consider it. It's an important and crucial opportunity and she loved the comments that she walked in on. This island is windy. Having worked in the Dominican Republic she saw similar issues dealing with wind and how far trash carries. She really liked the idea of a ban and wanted to say convenience does play a role. If we put a price tag on the cost of plastic bags people will use that as a convenience. She doesn't think that will remedy our issues with plastic bags on the island. The only way was to get rid of them. Ron Jackson — He came to vocalize his support for the plastic bag ban. He lives in Bells Flats where there are bags in the trees on his street. They just take off on people and they are too easy to cut loose and people are too carefree with them. He has had the thought about putting a price on the bags but he does not think that will change anything. He believes people will adapt very quickly to the ban. Other communities have done it like Cordova and Hawaii. He heard it was relatively fast. There will be grumbling but people will get used to it. In Amsterdam they had a ban and he didn't realize it. He had to juggle his items out of the store and never forgot his backpack after that. Myra Scholze — Was here in support of the bag ban. As an island community and a fishing community we all know the importance of keeping our oceans clean. When these bags blow away they inevitably end up in the ocean. Architectural/Engineering Review Board Regular Meeting Minut... Page 131 of 136 AGENDA ITEM #A.A.1. Mary Forbes —She was in support of banning plastic bags or at a minimum charging for them. It was happening all around the country. People don't think twice about buying their bags if they have to and it's made a huge difference. In Maui there are no plastic trash bags anywhere. She was also in favor of recycling glass. Stephanie Love —She agrees with everything that was said by Mary Forbes. Discussion/Action Items a. Plastic Bag Discussion Board member Nate Svoboda stated the committee met last week to talk about various options and what has occurred in other communities. Matt Van Daele drafted an ordinance for the board to consider. He received a -malls from Old Harbor which showed their support of banning plastic bags and the impacts it had on their community. They banned plastic bags and plastic bottles in their community a few years ago which had a positive impact. They planned on writing letters and calling the assembly in support of this issue. Chair Szabo expressed concern over the legality of this ban and requested the Borough Manager obtain a legal opinion to ensure there was authority for the Assembly to ban plastic bags and if it would apply to city limits. He would like to collaborate with the city on this. Board discussion ensued. SVOBODA MOVED to draft an ordinance to present to the Borough Assembly that bans plastic bags in the Kodiak Island Borough. ROLL CALL VOTE ON MOTION CARRIED 5 TO 0. Handouts were presented to the board to discuss exact wording to use in drafting the ordinance to the Assembly. Thickness of the bags and exemptions to the ban were also discussed. The Plastic Bag Committee will write the ordinance and return to SWAB at the next regular meeting. They would like representatives from the Chamber of Commerce, City of Kodiak, Safeway and Walmart to attend a SWAB meeting. b. Recycling Glass Bob Tucker reiterated from the last meeting that the Borough wanted to recycle glass but it would cost between $50,000 -$70,000 to purchase a unit big enough to take care of Kodiak. Also to be considered was a place to put it and staff to run it. There also was no money in the budget for this. He said without a grant or finding a delicately used machine that we were stuck. Board discussion ensued. Chair Szabo asked board member Jeff Stewart and Stephanie Mason of Threshold to search for a grant and a machine and come back to SWAB. Architectural/Engineering Review Board Regular Meeting Minut... Page 132 of 136 AGENDA ITEM #A.A.1. c. Clean Up Day Review Due to bad weather, the turn out for the clean-up day was low. Only about 30 people came to pick up bags and those were for groups which planned to clean-up areas at another time. Threshold took away about 200-300 lbs. of electronics dropped off. Board discussion ensued. Visitor Comments: None. Board Member Comments: Nathan Svoboda — He took five bags of garbage to the dumpster at Bayside Fire Department and wanted to commend Alaska Waste as the area was clean and the dumpsters were not over flowing. There was no garbage on the ground area. The dumpster at Sunset was also very clean. He wanted to thank them. Mike Shrewsbury— He thanked Svoboda for the compliment. He thanked Tucker for explaining the connection of services between recycle, disposal rates and the garbage bill. It was well put and very clear how everything was connected. Nick Szabo — He wished he could say the same thing that Svoboda did as the dumpster next to his house was overflowing on Saturday. He would like to see specific signs put around the dumpsters that inform the public. Both he and his wife tell people all the time not to leave garbage next to the dumpster. Bob Tucker—The Borough was in the process of putting up signs and stickers on all dumpsters. Hopefully that will help. Meeting Schedule The next regular meeting was scheduled for June 19, 2017. Adjournment ARNDT moved to adjourn meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 6:55 p.m. Architectural/Engineering Review Board Regular Meeting Minut... Page 133 of 136 SUBMITTED BY: u,�4L AL4v Jen dy Clay, Se etary L� KIB Engineering/Facilities Department APPROVED BY: Wd Szabo, Chair Solid Waste Advisory Board AGENDA ITEM #A.A.1. Date: &/5//7 Date: lOO✓� i7 Architectural/Engineering Review Board Regular Meeting Minut... Page 134 of 136 WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES Date: May 2, 2017 Call to order: 7:04 pm 0 R I * ITEM #A.A.1. Commissioners Present: Bill Ecret, Dave Heuman, George Lee and Chris Windnagle. Commissioners Excused: Jason Chandler, Dave Conrad and John Isadore. Katy Heglin, Resident Agenda approved. Minutes approved and signed: Regular Meeting of April 4, 2017. Citizen Comments: None Contractors Comments: None Chairman's Comments: • Spent Approx. 25k in April, thawing culverts and spot grading. • Reviewed driveway permit on site with owner D Jackson on Kalsin Dr. Unfinished Business: Fire Department • Turnout Replacement; Out for bids • Emergency Generator: Plan to receive in May, Site plans pending • Em Shelter Convenience Sink Cabinet installed. Punch list in progress. • Ext Lighting by tank/gen set — Pending Schedule • Community Center Rental Agreement-KIB input pending. Road Service • Fish Friendly culvert at Mid Bey/Chiniak. Design review drawings presented and discussed. SAB commitment of our funds for project noted (also during Aug 2, 2016 meeting); timeline of project dependent upon additional funding, to be de- termined. • Ditch cleaning/clearing discussed. Areas mentioned include Mid Bay Dr, Wmns Bay Dr and Kalsin Dr. New Business: Fire Department- none Road Service • Dust Control for BF Rd to be scheduled, intend to have BEI do majority of work. Architectural/Engineering Review Board Regular Meeting Minut... Page 135 of 136 AGENDA ITEM #A.A.1. WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES • WBCC meeting on May 4, 2017 at 6pm in Fire Hall. • Numerous issues throughout district, work list to be developed by Chair and con- tractor re; grading, ditching and pot holes Citizen Comments: • Katie Heglin; crack sealing on asphalt needs annual effort, organics left in the ditches following brushing, counter-productive to run-off control. Board Member comments: • BE; Grader operator leaving excess material on road edges, and needs to bring it back into the roadway so ditches can accept runoff. BF Rd new fish culvert get- ting some washout, needs fill. • CW; Grader leaving berms and filling ditch on Wmn's Bay Dr, as reported by D Prokopwich. S Russ Ck Rd has berms also, which prevents ditches from carrying runoff. Contractor must ensure compaction of D 1 when adding new material, QC lacking. Next Regular Meeting on June 6, 2017. Meeting adjourned at 7:48 pm • I". t- • , 7:00 PM at the WBFD ArchitecturallEngineedng Review Board Regular Meeting Minut... Page 136 of 136 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 SUBSTITUTED VERSION — Introduced by: Borough Manager Drafted by: Finance Director ASSEMBLY MEMBER Introduced on: 06/15/2017 SKINNER Public Hearing Date: 07/20/2017 Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-01B AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING ORDINANCE NO. FY2017-01, FISCAL YEAR 2017 BUDGET, BY AMENDING BUDGETS TO ACCOUNT FOR VARIOUS REVENUES THAT ARE OVER BUDGET, PROVIDING FOR ADDITIONAL EXPENDITURES AND MOVING FUNDS BETWEEN PROJECTS. WHEREAS, increase Fund 100 — General Fund use of fund balance to reimburse Fund 234 — LEPC $18,337.65 for unreimbursed expenses from 2004-2016; and WHEREAS, increase Fund 210 — Land Sales revenues by $307,400 for the sale of Borough fixed assets (land) during Land Sale #19; and WHEREAS, increase Fund 220 — Buildings and Grounds use of fund balance by $336,370 to transfer funds to Fund 469 — Renewal and Replacement Fund project #17005 Main Elementary Walkway; and WHEREAS, increase Fund 252 — Womens Bay Fire Department use of fund balance by $50,000; $40,000 to complete the generator installation and $10,000 for purchase of new turnout gear; and WHEREAS, increase Fund 254 — KIB Airport Fire District use of fund balance by $30,000 for 3rd party fire hydrant installation and repairs. WHEREAS, increase Fund 276 — Facilities Fund use of fund balance by $297,584 $162,988; $286,454 $151,858 to Fund 300 — Debt Service to help defray the Governor's Veto (25% reduction to State School Debt Reimbursements) and to reduce the subsequent loan from Fund 100 — General Fund, and $11,130 to Fund 469 — Renewal and Replacement Fund project #17005 Main Elementary Walkway; and WHEREAS, decrease Fund 426 — Capital Projects Fund project #12015 KFRC Energy Project by $19,179.97, and return $19,179.97 of excess funds to Fund 555 — KFRC (Kodiak Fisheries Research Center) and close project #12015; and WHEREAS, decrease Fund 450 — Capital Projects Fund project #12016 Fire Protection Area #1 Emergency Generator by $57,492.57, and return $57,492.57 of unused funds to Fund 250 — Fire Protection Area #1 and close project #12016; and Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-01B Page 1 of 3 Version 1 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 WHEREAS, decrease Fund 469 — Renewal and Replacement Projects project #11004 Ahkiok Teacherage by $14.65 and move funds to Fund 450 — Capital Projects project #12009 Chiniak Warning Sirens to pay for expenditures that exceeded the budget and close project #12009; and WHEREAS, decrease Fund 469 — Renewal and Replacement Projects project #11004 Ahkiok Teacherage by $1,866.75 and move funds to Fund 450 — Capital Projects project #12011 Emergency Generator to pay for expenditures that exceeded the budget and close project #12011: and WHEREAS, reallocate $45,000 from Fund 469 — Renewal and Replacement Projects project #11009 Island Wide UST Removal/Replacement to Fund 469 — Renewal and Replacement Projects project #11003 Chiniak Remote UST; and WHEREAS, reallocate $1,290,319.33 from Fund 469 — Renewal and Replacement Projects project #13010 Kodiak Middle School HVAC Controls to Fund 469— Renewal and Replacement Projects project #13006 Borough Building Rehab and close project #13010; and WHEREAS, reallocate $43,183.66 from Fund 469 — Renewal and Replacement Projects project #12001 North Star Elementary Exterior Repairs to Fund 469 — Renewal and Replacement Projects project #13006 Borough Building Rehab and close project #12001; and WHEREAS, reallocate $60,000 from Fund 470 — Capital Projects project #15003 Roofing Replacement to Fund 470 — Capital Projects project #15010 Playground Replacement; and WHEREAS, reallocate $20,000 from Fund 470 — Capital Projects project #15003 Roofing Replacement to Fund 470 — Capital Projects project #15008 Flooring Replacement; and WHEREAS, decrease Fund 495 — Capital Projects project #08004 Computer Assisted Appraisal Collection Program by $41,160.84 and close project #08004; and WHEREAS, decrease Fund 495 — Capital Projects project #09010 Long -Term Care Center by $4,297,013.83 and close project #09010; and WHEREAS, increase Fund 530 — Municipal Solid Waste Collection use of fund balance by $20,000 to pay for software and software security upgrades; and WHEREAS, decrease Fund 540 — Hospital Fund Advance to Fund 469 — Renewal and Replacement Projects by $2,474,937.62 to pay off the 2015 loan by reducing the budgets and transferring funds from the following projects in Fund 469 — Renewal and Replacement Projects: • Project #11002 East Elementary Generator by $62,637.17 and close project #11002 • Project #11004 Ahkiok Teacherage by $43,497.60 and close project #11004 • Project #12005 East Elementary & Peterson Flooring by $733,170.21 and close project #12005 • Project #12006 KMS Elevator Controls by $51,794.40 and close project #12006 Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-01 B Page 2 of 3 Version 1 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 • Project #12007 Larsen Bay School Roofing Replacement by $60,037.29 and close project #12007 • Project #12008 Main Underground Storage Tank by $0.77 and close project #12008 • Project #13007 Port Lions Exterior Painting by $35,549.51 and close project #13007 • Project #13010 Kodiak Middle School HVAC Controls by $306,935.67 • Project #13011 Peterson HVAC Controls by $624,427.00 and close project #13011 • Project #13012 Middle School Paving by $415,383.00 and close project #13012 • Project #13013 Auditorium Flooring Foyer & Hall by $141,505.00 and close project #13013; and WHEREAS, move the following FY2016 balance sheet items from Fund 540 — Hospital Fund to Fund 545 — Long -Term Care Center: • Cash - $2,184,444.00 • Custodial Cash with The Bank of New York Mellon - $1,346,689.50 • Building - $15,567,986.00 • Accumulated Depreciation - $43,244.00 • Revenue Bonds Principal - $15,880,000.00 • Unamoritized Premium on Bonds - $1,365,855.00 • Retained Earnings - $1,812,552.20 WHEREAS, increase Fund 555 — KFRC (Kodiak Fisheries Research Center) use of fund balance by $580,000; $380,000 for additional repair work to the heating, ventilation, and air conditioning (HVAC) system, $100,000 for fire and sprinkler system and $100,000 for pump repairs; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTEST: Nova M. Javier, MMC, Clerk Ordinance No. FY2017-01B Page 3 of 3 Version 1 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1)1) 23 24 25 26 27 78 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 SUBSTITUTED VERSION 2 Correcting Section I Introduced by: Community Development Requested by: Community Development Drafted by: Community Development Introduced on: 06/01/2017 Amended: Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2017-39 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH TO DISPOSE OF A±21 ACRE PORTION OF T24S R24W TL 3301 ONION BAY (P & Z CASE NO. 17-021) WHEREAS, Dave Townsend and Rob Baer have requested disposal of a ± 21 acre portion of T24S R24W TL 3301 Onion Bay; and WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation to the Assembly by resolution regarding the proposed land disposal; and WHEREAS, the principal purpose of the Planning & Zoning Commission review is to consider if the land identified is surplus to the Borough's need; and WHEREAS, the Planning & Zoning Commission has found that the parcel identified for disposal is surplus to the public's need based on its review; and WHEREAS, the Planning & Zoning Commission held a public hearing on April 19, 2017 to consider this land disposal request. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that `a Section 1: The Kodiak Island Borough o'^^^'^^ ^^d Z^^'^^ (;^^A^n'^S'^^ Assembly, in �X accordance with Title 18 of the Kodiak Island Borough Code, fesamrReads UUU approves disposal of ± 21 acre portion of T24S R24W TL 3301 Onion Bay. Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, has determined, after a public hearing on April 19, 2016, that the aforementioned property is surplus to the public's need. Section 3: The aforementioned property should be offered for or at public auction. Section 4: The section of the parcel that is sold shall include all appropriate easements to ensure continued access for land -locked property owners in the immediate area. Kodiak Island Borough, Alaska Resolution No. FY2017-39 Page 1 of 2 50 51 52 53 54 55 56 57 58 59 60 61 62 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. KODIAK ISLAND BOROUGH ATTEST: Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Resolution No. FY2017-39 Page 2 of 2 Kodiak Island Borough Assembly Regular Meeting Guidelines July 20, 2017, 6:30 p.m., Borough Assembly Chambers PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE — Mayor Rohrer. 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 Assembly members Smiley and Townsend who are 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 June 1 and June 15, 2017; and Special Meetings of May 25 and June 21, 2017. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA. 5. APPROVAL OF MINUTES *Regular Meeting Minutes Of June 1 and June 15, 2017; and Special Meetings of May 25 and June 21, 2017. Kodiak Island Borough Assembly Guidelines July 20, 2017 Page 1 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 4. address all remarks to the Assembly as a body and not to any member thereof 7. AWARDS AND PRESENTATIONS A. Longevity Award — Manager Powers B. Individual Disaster Preparedness - Jack Maker 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2017-01B Amending Ordinance No. FY2017-01, Fiscal Year 2017 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. Recommended motion: Move to adopt Ordinance No. FY2017-01B. Note: A substitute version is attached to the guidelines on incorporates Assembly member Skinner's changes. which Recommended motion: Move to amend Ordinance No. FY2017-01B by substitution. Assembly Discussion. ROLL CALL VOTE ON MOTION TO AMEND Staff Report — Manager Powers. Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly Discussion. ROLL CALL VOTE ON MAIN MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR — Mayor Rohrer Kodiak Island Borough Assembly Guidelines July 20, 2017 Page 2 12. UNFINISHED BUSINESS — None. A. Resolution No. FY2017-39 Disposing By Sale Of A ± 21 Acre Portion of T24S R24W TL 3301 Onion Bay. Clerk's note: The motion is already on the floor which is to adopt Resolution No. FY2017-39. Included in the packet is the retraction letter from Mr. Rob Baer. If the Assembly wishes TO FAIL this ordinance, you would have to vote NO on the motion which is ALREADY on the floor. Staff Report — Manager Powers. Assembly Discussion. ROLL CALL VOTE ON MOTION Note: A substituted version is attached to the guidelines and provided to the public. A motion to amend by substitution is not necessary if you are going to fail the ordinance. 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2018-05 Changing The 911 Surcharge On All Local Exchange Access Lines In The Area From Seventy-five Cents To Two Dollars Per Month. Recommended motion: Move to adopt Resolution No. FY2018-05. Staff Report — Manager Powers. Assembly Discussion. ROLL CALL VOTE ON MOTION. 2. Resolution No. FY2018-07 AML/JIA Three Year Participation Agreement. Recommended motion: Move to adopt Resolution No. FY2018-07. Staff Report — Manager Powers. Assembly Discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 20, 2017 Page 3 3. Resolution No. FY2018-06 Appointing Members to the Kodiak Fisheries Development Association Board of Directors (Linda Freed and Albert Tyler Schmeil). Recommended motion: Move to adopt Resolution No. FY2018-06. Staff Report — Manager Powers. Assembly Discussion. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And Finance To Add Chapter 3.80 Excise Tax On Cigarettes And Other Tobacco Products. Recommended motion: Move to adopt Ordinance No. FY2018-04 in first reading to advance to public hearing at the next meeting of the Assembly. Staff Report — Manager Powers. Assembly Discussion. ROLL CALL VOTE ON MOTION. D. Other Items 1. Assembly Approval To The Kodiak Fisheries Work Group Invitation Letter To The Subcommittee On Oceans, Atmosphere, and Fisheries. Recommended motion: Move to approve the Kodiak Fisheries Work Group invitation letter to the Subcommittee on Oceans, Atmosphere, and Fisheries. Staff Report — Manager Powers. Assembly Discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 20, 2017 Page 4 2. Support For Fisheries Innovation Fund Project Number 57743, "Chinook Salmon Hot Spot Reporting, Mapping And Avoidance Program For The Central Gulf Of Alaska Pollock Fishery." Recommended motion: Move to approve the letter of support for the Fisheries Innovation Fund Project Number 57743. Staff Report — Manager Powers. Assembly Discussion. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 4. address all remarks to the Assembly as a body and not to any member thereof 15. ASSEMBLY MEMBERS' COMMENTS Announcements The Assembly will hold a work session on Thursday, July 27 at 6:30 p.m. in the School District Conference Room and the next regular meeting is scheduled on Thursday, August 3 at 6:30 p.m. in the Borough Assembly Chambers. Nominating packets are available now in the Clerk's Office for various Assembly, School Board, and Service Area Seats. The filing for office will be from August 1 to August 15. Kodiak Island Borough Assembly Guidelines July 20, 2017 Page 5 16. EXECUTIVE SESSION A. Offer To Settle A Grievance Brought On Behalf Of The Borough's Union -Represented Employees, Submitted By The International Brotherhood Of Electrical Workers, Local 1547. Recommended motion: Move to convene into executive session to discuss an offer to settle a grievance brought on behalf of the Borough's union -represented employees, submitted by the International Brotherhood of Electrical Workers, Local 1547, the immediate public knowledge of which would adversely impact the Borough's finances. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the Mayor, Assembly, Manager, and Borough Clerk into executive session. VOICE VOTE ON MOTION. After the vote, Mayor Rohrer recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Rohrer reconvenes the regular meeting and announces: • The Assembly discussed an Offer To Settle A Grievance Brought On Behalf Of The Borough's Union -Represented Employees, Submitted By The International Brotherhood Of Electrical Workers, Local 1547 and • No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. ROLL CALL VOTE ON ANY MOTION. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION. KIBC 2.30.030 A.... Meetings shall adjourn at 10:30 p.m. unless the time is extended by a maiority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. Kodiak Island Borough Assembly Guidelines July 20, 2017 Page 6 ` coo ) \ \ \\ k /5i \�\ S|3 CD CDg £ \_ / � ` > \\C E /@\\ z \0k - \ o=w &\\ a } \? ] I EL \ CD CD CD } 00 Cr \� �CD so 0 \M \ \ \ £ ) ; 0 > ; CD CD CD \ k . ( f_ f rn w n= \ * 3 = { \ z ..0 CD 7 CMD C § 0CD E ± � ° CD { ( G i F f f 7 F q} \ \ / Cn < 1 \ \ 0 ,£°Sco _ > : CO ( . 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CD \ a cCD CD -or Wk / S 0 II CD ' CD 03 CD In \ J \ , \ \ e ] 71 i § 7 / _ CD0 § \ i f i ° F CDD. \ j g 3 £ 7 o x - 2 § w=«= § 7 / _ CD0 § \ i f i ° F CDD. � A| /} i f i 7 F R 2!ƒm > w=«= r- 7 o 0 7 3 % ( ] o ƒ \ a e J { ) § | a : - ] ® x § CD _ / CDfn CD § > A z O o 0 �§ j� '> CL § � \ { / } > c \ \ 1 � � � � KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: J u��l 2,0f�� Please PRINT your name Please PRINT your name At Its Regular Meeting Of July 20, 2017, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, August 3, 2017, At 6:30 p.m. In The Borough Assembly Chambers. PRESENTED A 15-Year Longevity Award To Teresa Medina, Cashier, In The Finance Department. RECEIVED An Individual Disaster Preparedness Presentation From Associate Planner/ENF Jack Maker. AMENDED, ADOPTED Ordinance No. FY2017-01B Amending Ordinance No. FY2017-01, Fiscal Year 2017 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects AMENDED, FAILED Resolution No. FY2017-39 Disposing By Sale Of A ± 21 Acre Portion Of T24S R24W TL 3301 Onion Bay. POSTPONED Resolution No. FY2018-05 Changing The 911 Surcharge On All Local Exchange Access Lines In The Area From Seventy-five Cents To Two Dollars Per Month To The Next Regular Meeting Of The Assembly. ADOPTED Resolution No. FY2018-07 AML/JIA Three Year Participation Agreement. ADOPTED Resolution No. FY2018-06 Appointing Members To The Kodiak Fisheries Development Association Board Of Directors (Linda Freed And Albert Tyler Schmeil). ADVANCED Ordinance No. 2018-04 Amending KIBC Title 3 Revenue And Finance To Add Chapter 3.80 Excise Tax On Cigarettes And Other Tobacco Products To Public Hearing At The Next Regular Meeting Of The Assembly. APPROVED The Kodiak Fisheries Work Group Invitation Letter To The Subcommittee On Oceans, Atmosphere, And Fisheries. APPROVED The Letter Of Support For Fisheries Innovation Fund Project Number 57743, “Chinook Salmon Hot Spot Reporting, Mapping And Avoidance Program For The Central Gulf Of Alaska Pollock Fishery.” CONVENED Into Executive Session To Discuss An Offer To Settle A Grievance Brought On Behalf Of The Borough's Union-Represented Employees, Submitted By The International Brotherhood Of Electrical Workers, Local 1547; INVITED The Borough Mayor, Assembly Members, Manager, And The Borough Clerk Into Executive Session; And ANNOUNCED That Direction Was Given To The Manager On How To Settle The Grievance. Vol. FY2018, No. 2 July 20, 2017 Kodiak Island Borough Assembly Newsletter View our website at www.kodiakak.us. Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough