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
bƚƓƦƩƚŅźƷŅǒƓķźƓŭŅƚƩCЊБ
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