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2017-08-31 Work Session Kodiak Island Borough Assembly Work Session Thursday, August 31, 2017, 6:30 p.m. School District Conference Room Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal Assembly action are pla Page 1. (Limited to Three Minutes per Speaker) 2. AGENDA ITEMS 3 - 9a. Large Non-profit Agency Contract Discussion Non-profit Agency Grant Contract Info - Pdf 10 - 11 b. Small Competitive Non-profit Grants Scoring Criteria Non-profit Scoring Criteria - Pdf 12 - 15 c. Overview of Animal Control Services Animal Control Services - Pdf Resolution No. FY2017-XX Animal Control Funding Draft 3. PACKET REVIEW PUBLIC HEARING Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By Adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-Family District). Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) and 17 (Zoning) Broadening Animal Control Laws, Creating An Urban Agricultural Use And Establishing The Use As Permitted In The R1-Single-Family Residential, R2-Two-Family Residential, and R3-Multi-Family Residential Zoning Districts, And Establishing General Agricultural Activities As A Permitted Use In The RR- Rural Residential Zoning District. NEW BUSINESS CONTRACTS Amendment No. 2 to Counseling Center Lease Agreement Extending the Current Lease Through December 31, 2017. ORDINANCES FOR INTRODUCTION Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And Finance, Chapter 3.80 Excise Tax on Cigarettes And Other Tobacco Products, By Visit our website at www.facebook.com/Kodiakislandborough@KodiakBorough www.kodiakak.us Page 1 of 21 Adding Subsection 3.80.010C Authority; And By Moving Sections 3.80.050 to 3.80.070 To Title 5, Business Licenses And Regulations, Creating Chapter 5.03 Tobacco Licenses 4. 5. 6. 7. ASSEMBLY MEMBERS COMMENTS 8. Supplemental Supplementals 16 - 21 a. Visit our website at www.facebook.com/Kodiakislandborough@KodiakBorough www.kodiakak.us Page 2 of 21 AGENDA ITEM #2.a. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 31, 2017 ASSEMBLY WORK SESSION SUBJECT: Large Non-profit Agency Contract Discussion ORIGINATOR: Meagan Christiansen RECOMMENDATION: Approve a contract template for large non-profit agency non-competitive grants. DISCUSSION: The large non-profit agency non-competitive grants were approved during the budget process, a contract is being added to the process for the agencies to commit to providing certain services to Borough citizens for the funding to be received. The Borough attorney has provided a contract which is being proposed for use in this process. ALTERNATIVES: FISCAL IMPACT: $179,500 is included in the approved FY18 budget OTHER INFORMATION: Kodiak Island Borough Page 3 of 21 Large Non-profit Agency Contract Discussion AGENDA ITEM #2.a. YƚķźğƉLƭƌğƓķ.ƚƩƚǒŭŷ bƚƓƦƩƚŅźƷŅǒƓķźƓŭŅƚƩC—ЊБ FY18 NonCompetativeAgencyGrants IncludedinFY18GeneralFundBudget$167,500.00 Њ.ƩƚƷŷĻƩCƩğƓĭźƭ{ŷĻƌƷĻƩυЍЌͲЉЉЉ͵ЉЉ ЋυЍАͲЎЉЉ͵ЉЉ Kodiak Women's Resource & Crisis Center ЌυЌЍͲЉЉЉ͵ЉЉ Kodiak Island Food Bank ЍυЋЏͲЉЉЉ͵ЉЉ Senior Citizens of Kodiak ЎυЊАͲЉЉЉ͵ЉЉ Providence/Safe Harbor IncludedinFY18TourismFundBudget$12,000.00 ЏυЍͲЉЉЉ͵ЉЉ Alutiiq Museum АυЍͲЉЉЉ͵ЉЉ Kodiak Maritime Museum БυЍͲЉЉЉ͵ЉЉ Kodiak Historical Society Page 4 of 21 Large Non-profit Agency Contract Discussion AGENDA ITEM #2.a. D R A F T08-23-2017 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (“MOU”) is made and entered into this ____ day of ____________, 20___(“Effective Date”), by and betweenthe Kodiak Island Borough (“Borough”) and __________________________________, an Alaskan non- profit entity (“Non-Profit”) (collectively referred to as the ”Parties”). RECITALS WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak areacharitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education,cultural, and health services that cannot be provided throughthe ordinary governmental budget; and WHEREAS, these organizations expand the services that canbe provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the qualityof life enjoyed inthe community. NOW, THEREFORE, the Borough wishes to make a charitable gift in the amount of $__________ to __________________________________ for the use and benefit of __________________________________ for fiscal year ______, and theParties agree as follows: AGREEMENT 1.Recitals. The Recitals set forthabove are trueand correct and are incorporated intothis MOU as thoughexpressly set forthherein. 2.Term. The term of this MOU shall commence onthe Effective Date and terminate at the end ofthe ____ fiscal year. 3.Contingency. The transfer ofmoney fromBorough to Non-Profit is contingentupon the Non-Profit providing its501(c)(3) or 501(c)(4) financial documentation to Borough. Memorandum of UnderstandingPage 1of 5 Page 5 of 21 Large Non-profit Agency Contract Discussion AGENDA ITEM #2.a. D R A F T08-23-2017 4.Donations in Lieu of Cash. It is understood and agreed toby and between the Parties that somenon-profit organizations may prefer a gift other than a cash donation. The Parties agree to cooperate in good faith to allow other donationsin lieu of acash donation. If sucha request is agreed to, a descriptionofthe exact type of donation is described below: 5.Non-Discrimination.Non-Profit agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. 6.Independent Contractors.Non-Profit and its representatives, agents, and/or employees are independent contractors. Nothing in this MOU shall be deemed to constitute apartnership or joint venture between the Borough and Non-Profit,nor constitute any Party to be the agent of the other Party for any purpose. 7.Indemnity.Non-Profit shall indemnify, defend and holdthe Boroughand its electedofficials, officers, employees, consultants, agents and contractorsharmless fromand against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments(including attorney fees) arising from this MOU. 8.Scope of Work.Non-Profit intends to perform the following tasks pursuant to this MOU: ___________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ It is agreed and acknowledged that the Borough’s donation is to be used to improve and implement the services stated above intended to be provided by Non-Profit within the Kodiak Island Borough jurisdiction. The funds or in-kind donation are not intended to be used by Non-Profit in any other way (i.e., not for bonuses to executives or similar administrative overhead expenses). Accordingly, the Borough is entitled to know exactly how the donation was used or applied, and Non-Profit shall provide annually a writtenreport to the Borough Assembly detailing the use of the funds within st the Non-Profit entity.The written report shall be submitted no later than December 31 each year to the Borough’s representative designated to receive Notices as specified in Part 11 below. Memorandum of UnderstandingPage 2of 5 Page 6 of 21 Large Non-profit Agency Contract Discussion AGENDA ITEM #2.a. D R A F T08-23-2017 9.Defaults and Remedies. a.Default. Failure by either Party to negotiate ingood faith as provided in this MOU shall constitute an event of default hereunder. The non-defaulting Party shall give written notice of a defaultto the defaulting Party, specifying the nature of the default and the required action to cure the default. If a default remains uncured ten(10) days after receipt by the defaulting Party of such notice, the non-defaulting Party may exercise the remedies set forth below. b.Exclusive Remedies for Default. In the event of an uncureddefault by a Party, the otherParty’s sole and exclusive remedy shall be to terminate this MOU and neither Party shall have anyfurther right, remedyor obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profit to indemnify or defend the Borough shall survive such termination. c.No Damages. Neither Party shallhave any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performanceby the other Party under thisMOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a defaultby the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 10.Third-Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 11.Notices. All notices and communications in connection with this MOU shall be inwriting and shallbe deemedgiven when delivered by personal service, or three (3) business days afterplacement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non- Profit set forthbelow, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough:Kodiak Island Borough Attn: 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486-9300 Non-Profit: Tel: () Memorandum of UnderstandingPage 3of 5 Page 7 of 21 Large Non-profit Agency Contract Discussion AGENDA ITEM #2.a. D R A F T08-23-2017 12.Non-Binding. This MOU is non-binding and isentered into as an expressionof the Parties’ good faith intent to draft, negotiate, and enter into an agreementregarding thecharitable gift to Non-Profit. 13.Assignment. The qualifications and identity of Non-Profit are of particular concern to Borough. It is becauseof those unique qualifications and identity that Borough has entered into this Agreement with Non-Profit. Accordingly, Non-Profit may not assign its right to negotiate with Borough to any other person or entity. Any purportedvoluntary or involuntary assignment of Non-Profit’s negotiation rights without written approvalby the Boroughshall be null and void. 14.Applicable Law. This MOU shall be governed byand construedin accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigationarising out of or connected with this MOU shall be instituted and maintained in the courts of the Third Judicial District at Kodiak in the State of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process issuedby such courts. 15.Severability.If an provision of this MOU is heldby a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 16.Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oralor written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 17.Counterparts.This MOU may be executed in one or more counterparts, including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original,and all such counterparts, taken together, shall constitute one and the same instrument. 18.Ambiguity. The Parties and their counsel have eachcarefully reviewed this MOU, and the Parties have agreed to each term of the MOU. No ambiguity shall be presumed to be construedagainst either Party. 19.Waiver. Waiver by either Party of any default, breach or condition precedentshall not be construedas a waiver of any other default, breach or condition precedent or anyother right hereunder. 20.Headings. The section headings contained in this MOU are inserted for convenience onlyand shall not affect in any way the meaning or interpretation of this MOU. Memorandum of UnderstandingPage 4of 5 Page 8 of 21 Large Non-profit Agency Contract Discussion AGENDA ITEM #2.a. D R A F T08-23-2017 21.Authority. The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. KODIAK ISLAND BOROUGH , Borough Mayor ATTEST: , Borough Clerk NON-PROFIT By: Its: Memorandum of UnderstandingPage 5of 5 Page 9 of 21 Large Non-profit Agency Contract Discussion AGENDA ITEM #2.b. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 31, 2017 ASSEMBLY WORK SESSION SUBJECT: Small Competitive Non-profit Grants Scoring Criteria ORIGINATOR: Meagan Christiansen RECOMMENDATION: Approve scoring criteria for small competitive non-profit grants DISCUSSION: Review and discuss proposed scoring criteria for awarding small competitive non-profit grants ALTERNATIVES: propose an alternative FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Page 10 of 21 Small Competitive Non-profit Grants Scoring Criteria AGENDA ITEM #2.b. Page 11 of 21 Small Competitive Non-profit Grants Scoring Criteria AGENDA ITEM #2.c. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 31, 2017 ASSEMBLY WORK SESSION SUBJECT: Overview of Animal Control Services ORIGINATOR: Meagan Christiansen RECOMMENDATION: Discuss and provide direction to staff DISCUSSION: see attached ALTERNATIVES: see attached FISCAL IMPACT: unknown OTHER INFORMATION: Kodiak Island Borough Page 12 of 21 Overview of Animal Control Services AGENDA ITEM #2.c. Recommended Action: Discuss animal control on the road system and provide direction to staff Discussion: Animal control on the road system is provided through an agreement with the City of Kodiak and who provides services inside of the City and to the Borough Road system. A majority of the service is actually provided outside of the City. Most of the services center around dogs, however other animals are dealt with including livestock. The services are funded out of the General Fund with minimal recovery of costs. In past Assembly meetings, it has been brought up that the borough should consider how we provide services to Bells Flats, Chiniak and Pasagsak. No direction was given during those brief discussions, nor was it apparent that a majority of the Assembly was interested in the topic. More recently, Assembly Member Crow has prepared a resolution in regard to the topic that the Clerk has received. Rather than chase down a path that the Assembly is uninterested in following, staff has prepared this discussion item to get direction from the Assembly. It was previously suggested by Assembly Member Crow that Service Areas be formed to provide animal control services in the more distant road system areas to, presumably, help offset the costs. This would necessitate the buy in of the areas affected. There was no definition provided of what those areas would encompass, nor was there any discussion about the “in between” areas. It should be noted that the residents of Chiniak have previously expressed their unwillingness to form a Service Area for funding of the Community Shelter and Library, but have volunteered to provide funding for the same through the local non-profit serving the area. To the best of staff’s knowledge, the Animal Control issue has not been discussed with the residents of any of the communities. Should the Assembly wish to pursue this or other ideas, staff needs direction so that we respond accurately and efficiently to the Assembly’s desires. As noted above, while this topic has come up in other discussions, no significant discussion has occurred and staff does not want to presume a direction given the few comments that have been made. Alternatives: 1.Leave the current system in place. 2.Provide direction regarding whether the Assembly wishes to consider the formation of Service Areas, and if so, direct staff to return with the appropriate information. Fiscal Impacts Unknown at this time. The General Fund is currently funding the Service Agreement for Animal Control Services. Page 13 of 21 Overview of Animal Control Services AGENDA ITEM #2.c. 1 Introduced by:Assembly member Crow 2 Drafted by:Assembly member Crow 3 Introduced on:XX/XX/2017 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTIONNO. FY201X-XX 8 9 ARESOLUTIONOF THE ASSEMBLY OF THE KODIAK ISLANDBOROUGHTASKINGTHE 10 MANAGER TO PROVIDE THE ASSEMBLY WITH THE PROCESS AND MECHANISMS 11 NECESSARY FOR CHARGING SERVICE AREAS AND RESIDENTS WHO WANT ANIMAL 12 CONTROL SERVICES, FOR THE COST OF THOSE CONTRACTED SERVICES 13 14 WHEREAS, onSeptember 4,1986,the KodiakIsland Borough approved Ordinance No. 86- 15 16-0(A) adopting the non-areawide power to license, impound, and dispose of animals outside 16 Home Rule and General Law Cities, in accordance with AS 29.35.210(a)(3);and 17 18 WHEREAS, the Kodiak Island Borough Code Chapter 6.04 onAnimal Control provides 19 specific requirements, and section 6.04.200 (C), allows the Manager to contract for animal 20 control services; and 21 22 WHEREAS, the Kodiak Island Borough has historically contracted with the City of Kodiak to 23 provide these services, and continues to do so; and 24 25 WHEREAS, animal control services that are provided within the boundaries of the City of 26 Kodiak are funded by the City of Kodiak, and these animal control services are not provided to 27 the remote communities and villages; and 28 29 WHEREAS, the need for, level of, and cost of these services should be determined and paid 30 for, by the residents of the areas serviced; and 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 33 BOROUGH THAT the Manager shall provide the Assembly with information, reports, options, 34 steps necessary, and proposed ordinance/s, contract modifications, or other documentation 35 needed to accomplish this. 36 37 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 38 THIS __________ DAY OF _______________,201X. 39 40 KODIAK ISLAND BOROUGHATTEST: 41 42 43 ______________________________________________________ 44 Daniel A. Rohrer,MayorNova M. Javier, MMC, Clerk Kodiak Island Borough, AlaskaResolutionNo. FY201X-XX Page 1of 2 Page 14 of 21 Overview of Animal Control Services AGENDA ITEM #2.c. 45 46 VOTES: 47 Ayes: 48 Noes: 49 Kodiak Island Borough, AlaskaResolutionNo. FY201X-XX Page 2of 2 Page 15 of 21 Overview of Animal Control Services AGENDA ITEM #8.a. Page 16 of 21 AGENDA ITEM #8.a. Page 17 of 21 AGENDA ITEM #8.a. Page 18 of 21 AGENDA ITEM #8.a. Page 19 of 21 AGENDA ITEM #8.a. Page 20 of 21 AGENDA ITEM #8.a. Page 21 of 21