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2017-11-02 Regular Meeting Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, November 2, 2017, 6:30 p.m., Assembly Chambers Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES - None. 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. 10 Million Bond Projects Update - Bob Tucker, Engineering and Facilities Department Director 8. COMMITTEE REPORTS 9. PUBLIC HEARING 5 - 14 A. Ordinance No. FY2018-01A Amending Ordinance No. FY2018- 01, Fiscal Year 2018 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 - 0693) - Pdf 15 - 48 B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Multifamily Residential District To R1-Single-Family Residential District (P&Z Case No. 18-002). Ordinance No. FY2018-32 and Back-up - Pdf Page 1 of 135 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough 49 - 64 C. Ordinance No. FY2018-10 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.100 Boards, Committees, and Commissions. Output Document (AS - 0193) - Pdf 65 - 72 D. Ordinance No. FY2018-11 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.17 Rules Of The Assembly, Section 2.30.020 General Rules To Allow Participation By Assembly Members By Teleconference During Meetings. Output Document (AS - 0697) - Pdf 73 - 75 E. Ordinance No. FY2018-12 Amending Title 2 Administration And Personnel Chapter 2.30 Rules Of The Assembly Section 2.30.030 Types Of Meetings To Allow The Assembly To Set And Adopt Its Meeting Calendar For The Following Year By Resolution Output Document (AS - 0698) - Pdf 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Reorganization of the Kodiak Island Borough Assembly 76 1. Election of the Deputy Presiding Officer. Output Document (AS - 0196) - Pdf B. Contracts 77 - 86 1. Contract FY 2018-13 Between Jere's Tree Service And Kodiak Island Borough For The Gathering Of Timber In The Chiniak Burn Area. Output Document (AS - 0689) - Pdf C. Resolutions 87 - 98 1. Resolution No. FY2018-12 Identifying Federal Program Priorities And A Capital Improvement Program For The Page 2 of 135 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Federal Fiscal Year 2018. Resolution No. FY2018-12 Federal CIP List REVISED 103017 Resolution No. FY2018-12 - Pdf 99 - 111 2. Resolution No. FY2018-16 Adopting A State Legislative Capital Improvement Projects Priority List For The 2018 Legislative Session Resolution No. FY2018-16 State CIP REVISED 10312017 Resolution No. FY2018-16 State CIP - Pdf 112 - 117 3. Resolution No. FY2018-14 Specifying The Circumstances And Parameters That Are Permissible For Teleconference Participation Of The Mayor And Assembly Members. Resolution No. FY2018-14 Teleconferencing Parameters V3 Output Document (AS - 0704) - Pdf 118 - 120 4. Resolution No. FY2018-15 Authorizing the Kodiak Island Borough Bayside Fire Department To Submit An Application To The Assistance To Firefighters Grant Program. Resolution No. FY2018-15 - Pdf D. Ordinances for Introduction E. Other Items 121 - 122 1. Assembly Appointment To The Bay View Road Service Area Board (Mr. Reed Oswalt). Output Document (AS - 0702) - Pdf 123 - 125 2. Declaring A Seat Vacant On the Mission Lake Tidegate Service Area Board (Mr. Robert Hoedel). Output Document (AS - 0707) - Pdf 126 - 131 3. Letter Of Support For The Low Income Housing Tax Credit Housing Application Submitted By Swell, LLC. Sharatin LIHTC Property Added 20171101 Output Document (AS - 0708) - Pdf 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS Page 3 of 135 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 132 - 135 1. Solid Waste Advisory Board Regular Meeting Minutes Of August 28, 2017. Minutes B. Reports Page 4 of 135 Date: October 31, 2017 To: Mayor and Assembly Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9210 Fax (907) 486-9347 CC: Michael Powers, Manager Bob Tucker, E/F Director From: Matt Gandel, Project Manager/Inspector"�- RE: 2014 Bond Projects Update Background In October 2014 Kodiak Island Borough voters approved a $10.2 million bond package to finance renewal and replacement projects for school facilities. There were 28 total projects included in the bond package for items such as roof replacements, mechanical upgrades, and underground storage tank replacements. After the bond package was approved the 28 projects were grouped into ten projects by school and/or trade by the School Facilities Review Committee and Borough Staff. For example, the Kodiak Middle School Bus Ramp Roof Replacement and East Elementary School Cafeteria Roof Replacement were combined into one project named Roofing Replacement - East and KMS. The grouped projects and anticipated three-year completion schedule were presented to the Assembly on August 13, 2015. On January 7, 2016, the Assembly approved the first bond sale and design began for the fust year of projects. Status Seven out of the ten grouped projects are now complete. The Roofing Replacement - East and KMS, Flooring Replacement - Main and Peterson, and Peterson Boilers and Controls projects were completed during summer 2016. The East Renovations Phase 1, Playground Replacements, Flooring Replacement - Akhiok, Karluk, Ouzinkie, and KMS Fire Alarm/HVAC/Elevator Controls projects were completed during summer 2017. The final three projects, East Renovations Phase 2, Peterson/KMS Paving and UST Replacement, and UST Replacement - Main, Old Harbor, Port Lion are currently out for bid or in the final stages of design, and scheduled for construction in summer 2018. The list of projects, status, and budget/expenses is shown below: Project Status Budget Expenses Remaining 2016 Flooring Replacement — Main and Complete $ 813,498 $ 586,882 $ 226,616 Peterson Peterson Boilers and Controls Complete $ 1,019,428 $ 826,995 $ 184,991 Roofing Replacement — Eastand Complete $ 1,160,907 $ 822,526 $ 338,381 KMS 2017 East Renovation Phase I Complete $ 495,910 S 472,646 $ 23,264 Flooring Replacement — Akhiok, Complete $ 403,489 $ 402,942 $ 548 Karluk, Ouzinkie KMS Fire Alarm, HVAC, Elevator Complete $ 2,035,193 $ 1,483,960 $ 551,233 Controls Playground Replacements Complete $ 879,440 $ 843,097 $ 36,343 2018 East Renovation Phase II Design $ 1,096,930 $ 74,807 $ 1,022,123 Paving/UST Replacement— KMS Bidding $ 1,797,829 $ 119,693 $ 1,678,135 and Peterson UST Replacement — Main, Old Harbor, Port Lions Bidding $ 577,375 $ 73,139 $ 504,236 Discussion The projects completed to date are cumulatively a little more than $1,360,000 under budget. Staff is currently working with the Alaska Department of Education and Early Development to redirect some of those funds to the Main Elementary Walkway ($347,500) and Kodiak Middle School Boilers ($321,000) projects. The remaining $690,000 would be available to cover any overages in the projects scheduled for 2018. There has been concern among the Assembly about the potential for contaminated soil in the UST projects causing cost overruns. While there is always a certain amount of risk with UST projects, Staff has worked to try to minimize that risk as much as possible. Staff was able to work with an environmental engineering firm to do some investigation at the UST's at Kodiak Middle School and Main Elementary. The investigation at Kodiak Middle School did not find significant levels of contamination, and existing underground utilities impeded the investigation Page 2 at Main Elementary. If contaminated soil is encountered those underground utilities would also provide an justification to leave it in place rather than removing it. The bid documents for the UST projects are structured to remove up to 100 cubic yards of contaminated soil at each site on a unit price basis. The contractor would only be paid for the actual cubic yards removed, but the total amount would be included in the contract amount. If fewer than 100 cubic yards are removed, a change order would reduce the contract amount accordingly. This should provide some assurance that the contract amount will not be exceeded during construction. In the event that a large amount of contaminated soil is encountered during these projects, Staff feels that there are adequate funds available to successfully complete the remaining bond projects. Page 3 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, Fiscal Year 2018 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: Move to adopt Ordinance No. FY2018-01A. DISCUSSION: 1. Fire Protection Area #1 was the recipient of a $154,762 award from the Assistance to Firefighters Grant. This grant will be used to purchase 27 new Scott Minute Self contained Breathing Apparatus's and spare bottles; current equipment is 15 years old. Ther e is a cost match requirement of $7,738. 2. The Borough was the recipient of a $600,000 award from the U.S. Environmental Protection Agency Cooperative Agreement for a Brownfield Site Revitalization Program. The project period is 10/01/2017 - 09/30/2020 and provides funding to inventory, characterize, assess and conduct cleanup planning and community involvement related activities for Brownfield sites. The Assembly approved the first contract (FY2018-11) for this project on October 5, 2017 3. Increase revenue and expenses for the Solid Waste Collection and Disposal fund by $85,000 for the design of the electrical transfer stations, emergency power panels and sizing of the generator for the Leachate Treatment Plant. The plant currently has no backup power and a prolonged loss of power would have a severe impact on the operation of the plant. There are Alaska Department of Environmental Conservation (DEC) loan funds available, however, if DEC does not approve use of funds for this purpose, there are revenue bond fun ds available. 4. In May 2017 the Assembly voted to approve the use of $565,000 from the Solid Waste Collection and Disposal fund to replace the roof and siding at the Baler Building. Rather than use enterprise funds there are revenue bonds available from the recent Landfill Expansion project that would be better suited to fund this project. The project scope has also been increased to address other deficiencies at the building, and the revised project estimate is $750,000. 5. At the work session on September 14, 2017, Kodiak Island Borough (KIB) and Kodiak Island Borough School District (KIBSD) staff presented the issues with the existing fuel oil boilers at Kodiak Middle School. Kodiak Electric Association (KEA) has agreed to reimburse KIB for the cost to install an electric boiler which would alleviate immediate concerns about both boilers failing. The budget for this work is $275,000. KEA has provided a letter of intent to enter into a Memorandum of Agreement for this reimbursement. 6. In 1997, Kodiak Island Borough entered into an agreement with Providence Health & Services Alaska (Providence) to operate and lease the hospital. At that time, we retained ownership of specific disposable inventory items should Providence default and the Borough had to take back hospital operations. In June 2017, the Borough and Providence have entered into a new lease, effective July 1, 2017, and other provisions in the new lease make retaining ownership of disposable inventory no longer necessary. This will remove $277,007 of Inventoried assets from Borough financials. 7. In September of 2016, a third water event in as many years made emergency repairs to a culvert running under the East Elementary ball field necessary in order to eliminate the danger of flooding to area homes. Both the City of Kodiak and the Borough participated in the repair of the ball field and each entity paid for their own expenses. The $120,355 of funds to pay for this AGENDA ITEM #9.A. Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, F...Page 5 of 135 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough project will be paid from the Renewal and Replacement fund. 8. When the FY2018 budget was finalized in June 2017, the lease agreement between the Borough and Providence Health & Services Alaska was not completed so an estimate was used. Since the budget adoption, an agreement has been signed which requires a decrease the budgeted revenue to the Hospital Facility fund by $115,728. 9. When the FY2018 budget was finalized in June 2017, the new Long-Term Care enterprise fund had not been created so revenues and expenses were budgeted in Hospital Facility fund. This will move the $1,143,322 of budgeted revenues and $704,688 of expenses from the Hospital Facility fund to the Long-Term Care fund. 10. The assembly granted two entities renting space in the Borough Annex Building a 'rent holiday' for FY2018. This will decrease the revenues and expenses in the Bu ilding and Grounds fund by $13,387.20; $7,176 for American Red Cross and $6,211.20 for Teen Court. ALTERNATIVES: FISCAL IMPACT: 1. Saves the Fire District from purchasing $154,762 of equipment using tax revenues. 2. No fiscal impact - grant will pay for all expenses. 3. Initially, this will increase the loan balance or decrease existing available bond funds by $85,000. Cannot adequately determine what expenses would be incurred should the plant experienced a prolonged power outage. 4. Decrease existing available bond funds. 5. No fiscal impact - grant will pay for all expenses. 6. No fiscal impact - inventory is obsolete. 7. No fiscal impact - funds are removed from the Borough Building project. 8. No fiscal impact - simply moving revenues from one enterprise fund to another 9. No fiscal impact - simply moving revenues from one enterprise fund to another. 10. Decrease the amount of repair and maintenance money available to spend on Borough Buildings. OTHER INFORMATION: AGENDA ITEM #9.A. Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, F...Page 6 of 135 Kodiak Island Borough, Alaska Ordinance No. FY2018-01A Deletion – Red, Strikeout Page 1 of 3 Insertion – Bold, Blue, Underlined Version 1 Introduced by: Borough Manager 1 Drafted by: Finance Director 2 Introduced on: 10/19/17 3 Public Hearing Date: 11/02/17 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2018-01A 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 ORDINANCE NO. FY2018-01, FISCAL YEAR 2018 BUDGET, BY AMENDING BUDGETS TO 11 ACCOUNT FOR VARIOUS REVENUES THAT ARE OVER BUDGET, PROVIDING FOR 12 ADDITIONAL EXPENDITURES AND MOVING FUNDS BETWEEN PROJECTS. 13 14 15 WHEREAS, Fire Protection Area #1 received an Assistance to Firefighters Grant award of 16 $154,762. This grant will be used to purchase 27 new Scott Minute Self-Contained Breathing 17 Apparatus’s and spare bottles; and 18 19 WHEREAS, the Borough received a $600,000 grant award from the U.S. Environmental 20 Protection Agency Cooperative Agreement for a Brownfield Site Revitalization Program. The 21 project period is 10/01/2017 - 09/30/2020 and provides funding to inventory, characterize, 22 assess and conduct cleanup planning and community involvement related activities for 23 Brownfield sites; and 24 25 WHEREAS, the Solid Waste Collection and Disposal fund will need to increase expenses by 26 $85,000 for the design of the electrical transfer stations, emergency power panels and sizing of 27 the generator for the Leachate Treatment Plant. The plant currently has no backup power and a 28 prolonged loss of power would have a severe impact on the operation of the plant. There are 29 Alaska Department of Environmental Conservation (DEC) loan funds available, however, if DEC 30 does not approve use of funds for this purpose, there are revenue bond funds available; and 31 32 WHEREAS, In May 2017 the Assembly voted to approve the use of $565,000 from the Solid 33 Waste Collection and Disposal fund to replace the roof and siding at the Baler Building. Rather 34 than use enterprise funds, there are revenue bonds available from the recent Landfill Expansion 35 project that would be better suited to fund this project. The project scope has also been 36 increased to address other deficiencies at the building, and the revised project estimate is 37 $750,000; and 38 39 WHEREAS, The Kodiak Electric Association (KEA) has agreed to reimburse KIB for the design 40 and purchase to install an electric boiler which would alleviate immediate concerns about boilers 41 failing at the Kodiak Middle School. The budget for this work is $275,000 and KEA has provided 42 a letter of intent to enter into a Memorandum of Agreement for this; and 43 44 AGENDA ITEM #9.A. Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, F...Page 7 of 135 Kodiak Island Borough, Alaska Ordinance No. FY2018-01A Deletion – Red, Strikeout Page 2 of 3 Insertion – Bold, Blue, Underlined Version 1 WHEREAS The Borough and Providence Health & Services Alaska (Providence) have entered 45 into a new lease agreement whereby Providence will lease and manage the hospital operations. 46 The new lease does not require the Borough to retained ownership of specific 47 disposable inventory items should Providence default and the Borough had to take back 48 hospital operations. This will remove $277,007 of inventoried assets from Borough financials; 49 and 50 51 WHEREAS, In September of 2016, a third water event in as many years made emergency 52 repairs to a culvert running under the East Elementary ball field necessary in order to eliminate 53 the danger of flooding to area homes. The $120,355 of funds to pay for this project will be paid 54 from the Renewal and Replacement fund; and 55 56 WHEREAS, the FY2018 budget was finalized in June 2017, the lease agreement between the 57 Borough and Providence Health & Services Alaska was not completed so an estimate was 58 used. Since the budget adoption, an agreement has been signed which requires a decrease the 59 budgeted revenue to the Hospital Facility fund by $115,728; and 60 61 WHEREAS, the FY2018 budget was finalized in June 2017, the new Long-Term 62 Care enterprise fund had not been created so revenues and expenses were budgeted in 63 Hospital Facility fund. This will move the $1,143,322 of budgeted revenues and $704,688 of 64 expenses from the Hospital Facility fund to the Long-Term Care fund; and 65 66 WHEREAS, the Assembly granted two entities renting space in the Borough Annex building a 67 ‘rent holiday’ for FY2018. This will decrease the revenues and decrease expense in the Building 68 & Grounds fund by $13,387.20; $7,176 for American Red Cross and $6,211.20 for Teen Court. 69 70 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 71 BOROUGH THAT: 72 73 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 74 Kodiak Island Borough Code of Ordinances. 75 76 Section 2: The budgeted revenues and expenses to Fire Protection Area #1 will be increased 77 by $154,762; 78 79 Section 3: A new project with budgeted revenues and expenses of $600,000 will be created for 80 a Brownfield Site Revitalization Program; 81 82 Section 3: The Solid Waste Collection and Disposal fund budgeted expenses will be increased 83 by $85,000; 84 85 Section 4: The budget revenues and expenses for the Roof and Siding project for Solid Waste 86 Collection and Disposal fund Baler Building will be increased by $185,000; 87 88 AGENDA ITEM #9.A. Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, F...Page 8 of 135 Kodiak Island Borough, Alaska Ordinance No. FY2018-01A Deletion – Red, Strikeout Page 3 of 3 Insertion – Bold, Blue, Underlined Version 1 Section 5: A new project with budgeted revenues and expenses of $275,000 for the installation 89 of an electric boiler and the Kodiak Middle School will be created; 90 91 Section 6: Inventoried hospital supplies of $277,007 will be removed from the Hospital Facility 92 fund; 93 94 Section 7: Renewal and Replacement fund Project #13006 - Borough Building will be reduced 95 by $120,355 and used to pay for Project #17000 - East Elementary Ball Field Drainage; 96 97 Section 8: The budgeted revenues to the Hospital Facility fund will be reduced by $115,728; 98 99 Section 9: The budgeted $1,143,322 of revenues and $704,688 of expenses in the Hospital 100 Facility fund will be moved to the Long-Term Care fund; 101 102 Section 10: The budgeted revenues and expenses in the Building & Grounds fund will be 103 reduced by $13,387.20. 104 105 Effective Date: This ordinance takes effect upon adoption. 106 107 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 108 THIS __________ DAY OF _______________, 2017. 109 110 KODIAK ISLAND BOROUGH ATTEST: 111 112 113 ___________________________ ___________________________ 114 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 115 116 VOTES: 117 Ayes: 118 Noes: 119 AGENDA ITEM #9.A. Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, F...Page 9 of 135 AGENDA ITEM #9.A. Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, F...Page 10 of 135 U.S. Department of Homeland Security Washington, D.C. 20472 Ms. Meagan Christiansen Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615-6340 Re: Award No.EMW-2016-FO-02294 Dear Ms. Christiansen: Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2016 Assistance to Firefighters Grant has been approved in the amount of $154,762.00. As a condition of this award, you are required to contribute a cost match in the amount of $7,738.00 of non-Federal funds, or 5 percent of the Federal contribution of $154,762.00. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the Assistance to Firefighters Grant Programs' e-grant system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: •Summary Award Memo •Agreement Articles (attached to this Award Letter) •Obligating Document (attached to this Award Letter) •FY 2016 Assistance to Firefighters Grant Notice of Funding Opportunity. Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Prior to requesting Federal funds, all recipients are required to register in the System for Award Management (SAM.gov). As the recipient, you must register and maintain current information in SAM.gov until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that the recipient review and update the information annually after the initial registration, and more frequently for changes in your information. There is no charge to register in SAM.gov. Your registration must be completed on-line at https://www.sam.gov/portal/public/SAM/. It is your entity's responsibility to have a valid DUNS number at the time of registration. In order to establish acceptance of the award and its terms, please follow these instructions: Step 1: Please go to https://portal.fema.gov to accept or decline your award. This will take you to the Assistance to Firefighters eGrants system. Enter your User Name and Password as requested on the login screen. Your User Name and Password are the same as those used to complete the application on-line. Once you are in the system, the Status page will be the first screen you see. On the right side of the Status screen, you will see a column entitled Action. In this column, please select the View Award Package from the drop down menu. Click Go to view your award package and indicate your acceptance or declination of award. PLEASE NOTE: your period of performance has begun. If you wish to accept your grant, you should do so immediately. When you have finished, we recommend printing your award package for your records. Step 2: If you accept your award, you will see a link on the left side of the screen that says "Update 1199A" in the Action column. Click this link. This link will take you to the SF-1199A, Direct Deposit Sign-up Form. Please complete the SF-1199A on-line if you have not done so already. When you have finished, you must submit Page 2of 25View Award Package 8/18/2017https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_admin/awards/spec/view_awar... AGENDA ITEM #9.A. Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, F...Page 11 of 135 October 6 Borough Kodiak Is 710 Mill Kodiak, A Re: U Dear Ass Presented Assessme the 3-yea This fede communi defined a presence petroleum Because redevelop and envir giving ru and/or cl Brownfie Approxim Contract project ad Should yo feel free t All the be Sara Mas 6, 2017 Assembly sland Boroug Bay Road AK 99615 U.S. EPA Bro embly memb d here for y ent Grant tha ar grant cycle eral funding ity involvem as real proper of hazardou m products, o developable pment of prev ronmental im ural communi leanup plann eld Cleanup G mately $571,0 No. FY2018 dministration ou have any to contact me est, son, Commun gh ownfield Ass bers: your conside at the Boroug beginning in provides fo ment activitie rty, the expan us substance or is mine-sca land, in ge viously distu mpacts. The ities an oppo ning are com Grant program 000 of the gr 8-11. The r n. questions ab e. nity Develop Kodi Co Pho essment Gran eration is a gh was award n October 20 or the develo s, site asses nsion, redeve es, pollutants arred land. eneral, is at urbed land ha sites selected ortunity to be mpleted, the m. rant funding w remainder of bout the grant ment Directo iak Is ommunity D 71 Kod one (907) 486 nt Budget Am budget am ded in May 20 017. opment of b sments, and elopment, or s, contamina a premium as the potenti d may be any enefit from th e sites are e will be direc f the grant fu t funding or or sland Developme 0 Mill Bay R diak, Alaska 6-9363 Fa mendment mendment fo 017. The gra brownfield in cleanup pla reuse of whi ants, control in the Kodi ial to provide ywhere withi his project as eligible for cted to Stante unding will b activities allo d Bor ent Departm Road 99615 ax (907) 486 or the U.S. ant award tot nventories, s anning. A b ich may be c lled substanc iak archipela e significant in the Kodiak s well. Once funding thro ec Consulting be used by B owable unde rough ment 6-9396 EPA Brown tal is $600,00 site prioritiz brownfield s omplicated b ces, petroleu ago, enablin economic, s k Island Bor e site assessm ough U.S. E g Services In Borough sta er the grant, p h nfield 00 for ation, site is by the um or ng the social, rough, ments EPA’s nc. per aff for please AGENDA ITEM #9.A. Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, F...Page 12 of 135 BF - 01J38501 - 0 Page 1 GRANT NUMBER (FAIN):01J38501 MODIFICATION NUMBER:0 DATE OF AWARD PROGRAM CODE:BF 09/12/2017U.S. ENVIRONMENTAL PROTECTION AGENCY TYPE OF ACTION New MAILING DATE 09/19/2017 Cooperative Agreement PAYMENT METHOD: ACH# pend RECIPIENT TYPE: Municipal Send Payment Request to: Las Vegas Finance Center lvfc-grants@epa.gov RECIPIENT: PAYEE: Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615-6340 EIN: 92-0030845 Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615-6340 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Sara Mason 710 Mill Bay Road Kodiak, AK 99615-6340 E-Mail: smason@kodiakak.us Phone: 907-486-9360 Susan Morales 1200 Sixth Avenue, Suite 900 Seattle, WA 98101 E-Mail: morales.susan@epa.gov Phone: 206-553-7299 Joanne Brendle 1200 Sixth Avenue, Suite 900, OMP-173 Seattle, WA 98101, E-Mail: brendle.joanne@epa.gov Phone: 206-553-6385 PROJECT TITLE AND DESCRIPTION Developing the Kodiak Island Brownfield Site Revitalization Program This assistance agreement will provide funding for the Kodiak Island Borough to inventory, characterize, assess, and conduct cleanup planning and community involvement related activities for Brownfields sites. As coalition lead in partnership with Natives of Kodiak and the City of Kodiak, they will perform environmental site assessments, conduct remedial action/reuse planning activities in alignment with established community plans and objectives. The project will also include area-wide planning activities for up to two priority brownfield-impacted areas. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 10/01/2017 - 09/30/2020 10/01/2017 - 09/30/2020 $600,000.00 $600,000.00 NOTICE OF AWARD Based on your Application dated 07/31/2017 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $600,000. EPA agrees to cost-share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $600,000. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE)AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS EPA Region 10 Mail Code: OMP-173 1200 Sixth Avenue, Suite 900 Seattle, WA 98101 U.S. EPA, Region 10 Office of Environmental Cleanup 1200 Sixth Avenue, Suite 900 Seattle, WA 98101 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official Paula VanHaagen - Manager - Grants Unit DATE 09/12/2017 AGENDA ITEM #9.A. Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, F...Page 13 of 135 AGENDA ITEM #9.A. Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, F...Page 14 of 135 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3- Multifamily Residential District To R1-Single-Family Residential District (P&Z Case No. 18-002). ORIGINATOR: Jack Maker RECOMMENDATION: Move to adot Ordinance No. FY2018-32. DISCUSSION: This is a request to rezone the 11.8 acre Emerald Isle Estates Tract from R3-Multifamily Residential District to R1-Single-Family Residential District. The subject parcel is the former site of Jackson’s Mobile Home Park. In 2015, zoning compliance was issued to change the use from a mobile home park to residential (BZ2015-096). The applicant is nearing completion of extinguishing the mobile home park use and has received preliminary approval for subdividing the parcel to create twenty-one lots and one large tract to be further subdivided in the future. This rezone request is the next step in the applicant’s effort to prepare the lots to be offered for sale to the public for residential development. The applicant desires to limit development in the proposed subdivision to single-family dwellings and associated incidental and subordinate uses. Accordingly, a rezone from R3-Multifamily Residential District to R1-Single-Family Residential District is requested. The Planning and Zoning Commission held a public hearing on this rezone request at their August 16, 2017 regular meeting. The Commission voted unanimously to recommend that the Assembly approve this rezone. ALTERNATIVES: 1. Take no action. 2. Reject the Planning & Zoning Commission's recommendation to approve. FISCAL IMPACT: Although no direct fiscal impact will result from this rezone, the pending subdivision and future development of the newly created lots will likely result in an increase in tax revenue. OTHER INFORMATION: A combination of buildings and uses that are not consistent with R1-Single-Family Residential District zoning are currently situated on the parcel (multiple single-family dwellings and mobile home storage). Those buildings and uses are remnants of the mobile home park use that is being extinguished. To address those inconsistencies, the rezone ordinance includes an effective clause that will ensure all structures and uses are brought into compliance with Title 17 (Zoning) of the Borough Code prior to the rezone becoming effective. AGENDA ITEM #9.B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 15 of 135 Kodiak Island Borough, Alaska Ordinance No. FY2018-32 Deletion – Red, Strikeout Page 1 of 2 Insertion – Bold, Blue, Underlined Version 1 Introduced by: KIB Manager 1 Drafted by: P&Z Commission 2 Introduced on: 10/19/2017 3 Public Hearing Date: 11/02/2017 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2018-32 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 10 EMERALD ISLE ESTATES TRACT FROM R3-MULTIFAMILY RESIDENTIAL DISTRICT TO 11 R1-SINGLE-FAMILY RESIDENTIAL DISTRICT (P&Z CASE NO. 18-002) 12 13 WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 14 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 15 Statutes; and 16 17 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 18 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 19 1968 Comprehensive Plan; and 20 21 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 22 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 23 24 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 25 general welfare or good zoning practice requires, the assembly may, by ordinance and after 26 report thereon by the commission and public hearing as required by law, amend, supplement, 27 modify, repeal or otherwise change these regulations and the boundaries of the districts”; and 28 29 WHEREAS, the Planning and Zoning Commission received a request to rezone Emerald Isle 30 Estates Tract from R3-Multifamily Residential District to R1-Single-Family Residential District; 31 and 32 33 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 34 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; 35 and 36 37 WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough 38 Assembly that Emerald Isle Estates Tract be rezoned from R3-Multifamily Residential District to 39 R1-Single-Family Residential District, finding that the public necessity, convenience, general 40 welfare, and good zoning practice would be enhanced by such action; and 41 42 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 43 17.205.040, the Borough Assembly considered the merits of the rezone request. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 46 BOROUGH THAT: 47 48 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 49 Kodiak Island Borough Code of Ordinances. 50 51 AGENDA ITEM #9.B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 16 of 135 Kodiak Island Borough, Alaska Ordinance No. FY2018-32 Deletion – Red, Strikeout Page 2 of 2 Insertion – Bold, Blue, Underlined Version 1 Section 2: Emerald Isle Estates Tract is hereby rezoned from R3-Multifamily Residential District 52 to R1-Single-Family Residential District. 53 54 Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in 55 support of their approval of this rezone. 56 57 1. The applicant desires to limit development of Emerald Isle Estates Tract, and any lots 58 that may be created by subdivision of the tract, to single-family dwellings and associated 59 incidental and subordinate uses. Rezoning the parcel from R3-Multifamily Residential 60 District to R1-Single-Family Residential District will facilitate the desired development. 61 62 2. The parcel is situated in a longstanding neighborhood that is generally residential in 63 character and zoning. Rezoning the parcel from R3-Multifamily Residential District to R1-64 Single-Family Residential District will maintain that residential character and be 65 consistent with the surrounding zoning. 66 67 3. The parcel is capable of providing multiple building sites and parking areas that can 68 accommodate the full range of uses permitted in the R1-Single-Family Residential 69 District. 70 71 4. The rezone is consistent with the Urban Residential Comprehensive Plan Future Land 72 Use Designation assigned to the lot. The rezone is also consistent with, and will further 73 implement, various land use and economic goals, policies, and implementation actions 74 identified in the adopted Comprehensive Plan. 75 76 5. The Planning and Zoning Commission recommends that the Borough Assembly approve 77 this rezone. 78 79 Effective Date: This ordinance shall become effective upon verification by the Community 80 Development Department that all structures and uses on Emerald Isle Estates Tract have been 81 brought into compliance with the requirements of Title 17 (Zoning) of the Borough Code. Should 82 all structures and uses not be brought into compliance within 36 months of Assembly approval, 83 this approval shall become null and void. 84 85 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 86 THIS __________ DAY OF _______________, 2017. 87 88 KODIAK ISLAND BOROUGH ATTEST: 89 90 91 ___________________________ ___________________________ 92 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 93 94 VOTES: 95 Ayes: 96 Noes: 97 AGENDA ITEM #9.B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 17 of 135 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . 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B . Or d i n a n c e N o . F Y 2 0 1 8 - 3 2 R e z o n i n g E m e r a l d I s l e E s t a t e s T r a c t . . . Pa g e 1 9 o f 1 3 5 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 3 2 R e z o n i n g E m e r a l d I s l e E s t a t e s T r a c t . . . Pa g e 2 0 o f 1 3 5 Kodiak Island Borough Page 1 of 8 Planning and Zoning Commission Minutes August 16, 2017 Kodiak Island Borough Planning and Zoning Commission Regular Meeting Minutes August 16, 2017 Regular Meeting 6:30 pm-Borough Assembly Chambers CALL TO ORDER CHAIR ARNDT called to order the August 16, 2017 regular meeting of the Planning & Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Commissioners present were Scott Arndt, Barry Altenhof, Maria Painter, Alan Schmitt, Greg Spalinger, Chris Hatch, and Colin Young. A quorum was established. Community Development Department staff present was Director Sara Mason, Sheila Smith, Jack Maker (left 7:15 p.m.), and Daniel Mckenna-Foster (arrived 7:15 p.m.). APPROVAL OF AGENDA COMMISSIONER SPALINGER MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SPALINGER MOVED to approve the July 19, 2017 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS’ COMMENTS None PUBLIC HEARINGS Comments limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. Sign in and state your name for the record. A) CASE 18-002. Request a rezone of Emerald Isle Estates Tract from R3-Multifamily Residential District to R1-Single-Family Residential District (Chapter 17.205 KIBC). The applicant is Emerald Isle Estates LLC. The location is 2716 Spruce Cape Road and the zoning is R3-Multi-family Residential. COMMISSIONER SPALINGER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Emerald Isle Estates Tract from R3-Multi-family Residential District to R1-Single-Family Residential District (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated August 2, 2017 as “Findings of Fact” for Case 18-002. Staff reported the subject parcel is the former site of Jackson’s Mobile Home Park The applicant requests a rezone and he intends to subdivide the parcel into individual lots. A corresponding subdivision request has been submitted in conjunction with this rezone request. This rezone request is consistent with the Comprehensive Plan. Staff recommends forwarding this request to the assembly recommending approval. Open public hearing: Kevin Suydam, applicant, spoke in favor of his request. AGENDA ITEM #9.B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 21 of 135 Kodiak Island Borough Page 2 of 8 Planning and Zoning Commission Minutes August 16, 2017 Close public hearing: Brief commission discussion EFFECTIVE CLAUSE This ordinance shall become effective upon verification by the Community Development Department that all structures and uses on Emerald Isle Estates Tract have been brought into compliance with the requirements of Title 17 (Zoning) of the Borough Code. Should all structures and uses not be brought into compliance within 36 months of Assembly approval, this approval shall become null and void. FINDINGS OF FACT 1. The applicant desires to limit development of Emerald Isle Estates Tract, and any lots that may be created by subdivision of the tract, to single-family dwellings and associated incidental and subordinate uses. Rezoning the parcel from R3-Multifamily Residential District to R1-Single-Family Residential District will facilitate the desired development. 2. The parcel is situated in a longstanding neighborhood that is generally residential in character and zoning. Rezoning the parcel from R3-Multifamily Residential District to R1- Single-Family Residential District will maintain that residential character and be consistent with the surrounding zoning. 3. The parcel is capable of providing multiple building sites and parking areas that can accommodate the full range of uses permitted in the R1-Single-Family Residential District. 4. The rezone is consistent with the Urban Residential Comprehensive Plan Future Land Use Designation assigned to the lot. The rezone is also consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B. CASE S18-001. Request preliminary approval of the subdivision of Emerald Isle Estates Tract, vacating a 25’ wide utility easement, and creating Lots 1 thru 21 and Tract A, Emerald Isle Estates Subdivision (Chapters 16.40 and 16.60 KIBC). The applicant is Emerald Isle Estates LLC. The location is 2716 Spruce Cape Road and the zoning is R3- Multi-family Residential. COMMISSIONER SPALINGER MOVED to grant preliminary approval of the Subdivision of Emerald Isle Estates Tract, vacating a 25’ wide utility easement, and creating Lots 1 thru 21 and Tract A, Emerald Isle Estates Subdivision (Chapters 16.40 and 16.60 KIBC) subject to fifteen (15) conditions of approval, and to adopt the findings in the staff report dated August 2, 2017 case as "Findings of Fact" for case S18-001. Staff reported staff’s review of the plat shows it meets borough code requirements. Staff recommends preliminary approval be granted, subject to 15 conditions of approval. Open public hearing: David Zimmerman spoke in support of the request. Brenda Friend spoke in support of the request. Kevin Suydam, applicant, spoke in support of the request. Close public hearing: Commission discussion CONDITIONS OF APPROVAL 1. A note requiring a 10’ setback from the east side lot lines of Lots 15 and 21 and the west side lot line of Lot 14 shall be listed on the Final Plat. AGENDA ITEM #9.B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 22 of 135 KIB Location & Zoning Map Location and ZoningCase No. 18-002Applicant: Emerald Isle Estates LLC/Kevin SuydamSurveyor: Willman Land Surveying Request: A Rezone of Emerald Isle Estates Tractfrom R3-Multifamily Residential District to R1-Single-Family Residential District (Chapter 17.205 KIBC). Zoning Legend Public Use LandsWatershedConservationRural Residential Rural Residential 1Rural Residential 2Single Family ResidentialTwo Family Residential Multi Family ResidentialBusinessRetail BusinessIndustrial Light IndustrialRural Neighborhood CommercialUrban Neighborhood CommercialNatural Use 2 6 7 2 1 17 18A 1 8 C 1 8 B 1234 20 1 2 4 65 22C-1 23A 23B 4A 3 21A 7B 10C 10A - 1 1 0 A - 2 UNIT 3 UNIT 4 87A 5C 5D-14B4A 4C 3 2C 2B2A 1 24B - 1 2 4 A - 1 25A 25D 25B 25C JACK S O N M O B I L E H O M E TRAC K 7 89 10 11 12 13 14 15 BLM TR B T27S, R 1 9 W 3 1 34 9A9D 9C 3A 3B 3C 3DTRG 4 2 1 15B 13A 13F-1 13D 13C 13A-2 29 22 A - 1 22 E 22 B - 1 15A 1 5 C - 1 15D 13A- 1 1 5 C - 2 6 6 0 2145 2152 674 668 667 2 5 7 8 271327052679 2746 2625 2581 2557 2 5 5 2 25252507 2515 2483 2456 2436 2453 2408 2426 2450 2474 6 5 4 2490 2520 2546 6 3 5 6 4 7 6 6 1 2574 2564 7 2 8 7 5 0 25932585 2657 2646 2685 2695 758 746 2674 2692 27322716 7 6 1 7 7 1 6 5 0 2695 2726 2998 3036 3064 30923081 3053 3031 3011 3023 3019 2987 2949 2903 30 8 0 2906 2821 2608 2616 26352621 264 9 TUR N E R L A N E 3010 2610 2927 29 3 3 2 9 1 1 216 0 2590 2990 2680 2919 6 7 0 282027562800USS 3099USS 3469 USS 3233 USS 3099 USS 1822 U S S 3 0 9 9 U S S 3 1 0 0 2 6 7 2 1 17 18A 1 8 C 1 8 B 1234 20 1 2 4 65 22C-1 23A 23B 4A 3 21A 7B 10C 10A - 1 1 0 A - 2 UNIT 3 UNIT 4 87A 5C 5D-14B4A 4C 3 2C 2B2A 1 24B - 1 2 4 A - 1 25A 25D 25B 25C JACK S O N M O B I L E H O M E TRAC K 7 89 10 11 12 13 14 15 BLM TR B T27S, R 1 9 W 3 1 34 9A9D 9C 3A 3B 3C 3DTRG 4 2 1 15B 13A 13F-1 13D 13C 13A-2 29 22 A - 1 22 E 22 B - 1 15A 1 5 C - 1 15D 13A- 1 1 5 C - 2 WoodyWay Loop AndersonWay FieldsLane ThurstonLane M i s s i o n R o a d Metrokin Way Unkno w n Spruce Haven Lane C u t - O f f R o a d E a s t R e z a n o f D ri v e S pru ce C a p e Road Turne r L a n e J a c k s o n L a n e Kodiak Island Borough GIShttp://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways Legend Subject Parcel µ PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Case No. 18-002 AGENDA ITEM #9.B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 23 of 135 Image Overlay Kodiak Island Borough GIShttp://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Image OverlayCase No. 18-002Applicant: Emerald Isle Estates LLC/Kevin SuydamSurveyor: Willman Land Surveying Request: A Rezone of Emerald Isle Estates Tract fromR3-Multifamily Residential District to R1-Single-FamilyResidential District (Chapter 17.205 KIBC). 2 20 1 2 4 65 22C-1 23A 23B 4A 3 21A 7B 10C 10A - 1 1 0 A - 2 87A 5D-1 24B - 1 2 4 A - 1 25A 25D 25B 25C JACK S O N M O B I L E H O M E TRAC K 7 89 13 14 15 3 1 34 9A9D 9C 13A 29 22 A - 1 22 E 22 B - 1 Mission R o a d Metrokin Way U n k n o w n C u t - O f f R o a d Spruce Cape Road Turne r L a n e J a c k s o n L a n eThurston L a n e 0 420 840210Feet µLegend Subject Parcel KIB Image Overlay Map µ PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Case No. 18-002 AGENDA ITEM #9.B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 24 of 135 STAFF REPORT AND RECOMMENDATION Case No. 18-002. A Rezone of Emerald Isle Estates Tract from R3-Multifamily Residential District to R1-Single-Family Residential District (Chapter 17.205 KIBC). DATE: August 2, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 18-002 APPLICANT: Emerald Isle Estates LLC/Kevin Suydam LOCATION: 2716 Spruce Cape Road LEGAL DSC: Emerald Isle Estates Tract ZONING: R3-Multifamily Residential FUTURE LAND USE DESIGNATION: Urban Residential NOTICE: Forty-three (43) public hearing notices were mailed on July 6, 2017. One (1) public hearing notice was returned as of the date this report was prepared. SITE VISIT: Virtual via GIS 1. Zoning History: • Designated Residential Unclassified by the 1968 Comprehensive Plan. • Rezoned to RR-Rural Residential by Ord. No. 80-9-0. • Rezoned to RR1-Rural Residential One by Ord. No. 83-15-0. • Rezoned to R3-Multifamily Residential by Ord. No. 2001-04. 2. Lot Size: 11.8 acres 3. Existing Land Use: In transition from mobile home park to residential. 4. Surrounding Land Use and Zoning: • R2 and PL zoning and uses to the north (single-family residences and the City wastewater treatment plant). • Waterfront to the south. • A vacant PL zoned parcel (subdivision into 3 lots and rezone of two of those lots to R2 pending) and waterfront to the east. • R1, R3, and RR1 Zoning and uses to the west (single-family residences). 5. Applicable 2008 Comprehensive Plan Future Land Use Designation: Urban Residential: This designation allows for a variety of urban level residential uses. It is generally applied within incorporated cities and would allow for a mix of single-family and other types of housing, including those allowed in the R1, R2, R3, and SRO Zones. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 17.10.020 Reference and use (Comprehensive Plan). In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.205.010 Authority (Amendments and changes). PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Case No. 18-002 AGENDA ITEM #9.B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 25 of 135 Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. 17.205.020 Report from planning and zoning commission (Amendments and changes) The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. 17.205.055 Submission to assembly (Amendments and changes) A. Within 30 days after the commission has acted favorably upon a proposed zoning change in accordance with the above provisions; a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment; its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission’s action be taken up by the assembly. 17.75.010 Description and intent (R1-Single-Family Residential District). The R1 single-family residential zoning district is established as a land use district for small lot, single-family residential dwellings where public water and sewer services are available. For the single-family residential district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of single-family dwellings; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single-family dwellings in the district; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; D. To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets; and E. To prohibit any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, before such service can systematically and adequately be provided. 17.85.010 Description and intent (R3-Multifamily Residential District). The R3 multifamily residential zoning district is established as a land use district for one-family, two-family, and multifamily dwellings and limited office uses where public water and sewer services are available. For the multifamily residential zoning district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of one-family, two-family, and multifamily dwellings; B. To prohibit commercial and industrial land uses and any other use of the land which PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Case No. 18-002 AGENDA ITEM #9.B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 26 of 135 would interfere with the development or continuation of one-family, two-family, and multifamily dwellings in this district; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; D. To discourage any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply, and sewerage, before such services can adequately be provided; and E. To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets STAFF ANALYSIS This is a request to rezone the 11.8 acre Emerald Isle Estates Tract from R3-Multifamily Residential District to R1-Single-Family Residential District. The subject parcel is the former site of Jackson’s Mobile Home Park. In 2015, zoning compliance was issued to change the use from a mobile home park to residential (BZ2015-096). The applicant is nearing completion of extinguishing the mobile home park use. This rezone request is the next step in the applicant’s effort to proceed with residential development. The applicant intends to subdivide the parcel into individual lots to be offered for sale for residential development. A corresponding subdivision request has been submitted in conjunction with this rezone request (Case No. S18-001). That case follows this request. The applicant desires to limit development in the proposed subdivision to single-family dwellings and associated incidental and subordinate uses. Accordingly, a rezone to R1-Single-Family Residential District is requested. It is important to note that, should this rezone be denied, the applicant may still limit development to the desired uses through restrictive covenants. FUTURE LAND USE DESIGNATION, ZONING, AND USE The subject parcel is assigned a Future Land Use Designation of Urban Residential. The current R3-Multifamily Residential zoning and requested R1-Single-Family Residential zoning are both consistent with that designation. The applicant’s desire to limit future development to single-family dwellings and associated incidental and subordinate uses is also consistent with the requested R1-Single-Family Residential zoning. The transition from mobile home park to residential is still in progress. Although most structures associated with the mobile home park use have been removed, the following structures remain: • A longstanding warehouse/shop building 1 that fronts Spruce Cape Road and is adjacent to the Spruce Cape helipad on Lot 29 U.S. Survey 3099. This structure was permitted in residential zoning by an exception in 1965. An apartment was constructed within the structure in 1982 and remains to date. Accordingly, the structure meets the definition of a single-family dwelling with attached garage/shop. • An approximate 20’ x 35’ accessory building 2 located behind the above building. • A single-family dwelling 3 that fronts spruce Cape Road. • A single-family dwelling 4 near the southwest corner. • Five manufactured homes and one small accessory building 5 stored at various locations. 1 Appendix 1 2 Appendix 2 3 Appendix 3 4 Appendix 4 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Case No. 18-002 AGENDA ITEM #9.B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 27 of 135 The combination of buildings that remain on the parcel and their associated uses are not consistent with R1-Single-Family Residential District Permitted Uses (multiple single-family dwellings and mobile home storage). As stated above, the effort to extinguish the mobile home park use and proceed with residential development is still in progress. That effort will require that these structures be brought into compliance with Title 17 (Zoning) of the Borough Code prior to being allowed to proceed with residential development. To ensure the existing structures are brought into compliance prior to the rezone becoming effective, the following effective clause is recommended: • This ordinance shall become effective upon verification by the Community Development Department that all structures and uses on Emerald Isle Estates Tract have been brought into compliance with the requirements of Title 17 (Zoning) of the Borough Code. Should all structures and uses not be brought into compliance within 36 months of Assembly approval, this approval shall become null and void. *Staff Note: The recommended conditions of approval for the corresponding subdivision request require that these structures are brought into compliance prior to approval of the Final Plat (this would be required for any request to subdivide the subject parcel). Consequently, satisfying those conditions of approval would also satisfy the effective clause, resulting in the rezone becoming effective at the same time as Final Plat approval. RECENT DEVELOPMENT TRENDS IN THE AREA The most recent development in the area has been the removal of mobile homes and other structures from the mobile home park that was previously established on this parcel. Prior to this, development was negligible due to the lack of vacant land. As stated earlier in this report, the applicant intends to subdivide the parcel into individual lots for single-family residential development. Those actions will promote the development of single-family dwellings, which is consistent with the residential character of the surrounding area. COMPATABILITY OF LAND USES The parcel is situated in a neighborhood that is generally residential in character, consisting of a mixture of R1-Single-Family Residential, R2-Two-Family Residential, R3-Multifamily Residential, and RR1-Rural Residential One zoning and uses (single-family residences). The portion of the parcel that fronts Spruce Cape Road is across from and/or adjacent to PL- Public Use Lands zoning and uses (wastewater treatment plant and vacant Borough owned land that is pending subdivision into three lots, two of which will be rezoned to R2 upon the recording of the Final Plat) Rezoning the parcel from R3-Multifamily Residential District to R1-Single-Family Residential District will maintain the area’s residential character and be consistent with surrounding zoning and uses. LAND SUITABILITY The subject parcel is 11.8 acres. It is served by City Sewer and water and is accessed by existing roadways. For decades the parcel adequately accommodated a combination of approximately 100 manufactured homes and single-family dwellings. In doing so, the parcel has proven capable of providing multiple building sites and parking areas that can accommodate the full range of uses permitted in R1-Single-Family Residential zoning. TRAFFIC IMPACTS The parcel is accessed by urban collector and local roadways (Spruce Cape Road, Jackson 5 Appendix 5.1 and 5.2 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Case No. 18-002 AGENDA ITEM #9.B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 28 of 135 Lane, and Metrokin Way). For several decades, those roadways adequately accommodated the traffic generated by the previously established mobile home park use. Rezoning the parcel to from R3-Multifamily Residential District to R1-Single-Family Residential District will result in permitted uses that are less intensive with regard to traffic generation. Consequently, should this rezone be approved, the existing roadways will be capable of continuing to provide safe and adequate access to and from the site. COMPREHENSIVE PLAN CONSISTENCY This Rezone is consistent with the Urban Residential Comprehensive Plan Future Land Use Designation assigned to the parcel. The rezone is also consistent with the following goals, policies, and implementation actions of the adopted Comprehensive Plan: • Land Use Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives.  Policy: Maximize compatibility of adjacent land uses and minimize conflicts through zoning, buffering, design standards, and other means.  Policy: Zone land to meet future housing, commercial, industrial, and other land needs. o Implementation Actions: Identify an adequate supply of land in each community to meet future residential needs and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for projected uses, and conditions or constraints that might affect development. Consider use of public or private Native-owned land to help meet these needs. • Housing Goal: Help ensure that an adequate supply of land for housing and a sufficient stock of housing, including affordable housing, are available for Borough residents.  Policy: In partnership with local communities, Tribal councils, Native Corporations, the Kodiak Island Housing Authority, and others, help ensure that there is an adequate supply of developable residential land to meet long-term housing needs throughout the Borough, including senior housing. CONCLUSION Staff has determined that this rezone is consistent with the assigned Future Land Use Designation and various objectives of the adopted Comprehensive Plan and satisfies the requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes as set forth in the recommended findings of fact. Anticipating a favorable recommendation to the assembly, a draft rezone ordinance is attached to this report. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Case No. 18-002 AGENDA ITEM #9.B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 29 of 135 RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval, subject to an effective clause. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezone of Emerald Isle Estates Tract from R3-Multifamily Residential District to R1-Single-Family Residential District (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated August 16, 2017 and entered into the record for this case as “Findings of Fact” for Case No. 18-002. FINDINGS OF FACT (KIBC 17.205.020.A-C) 1. The applicant desires to limit development of Emerald Isle Estates Tract, and any lots that may be created by subdivision of the tract, to single-family dwellings and associated incidental and subordinate uses. Rezoning the parcel from R3-Multifamily Residential District to R1-Single-Family Residential District will facilitate the desired development. 2. The parcel is situated in a longstanding neighborhood that is generally residential in character and zoning. Rezoning the parcel from R3-Multifamily Residential District to R1- Single-Family Residential District will maintain that residential character and be consistent with the surrounding zoning. 3. The parcel is capable of providing multiple building sites and parking areas that can accommodate the full range of uses permitted in the R1-Single-Family Residential District. 4. The rezone is consistent with the Urban Residential Comprehensive Plan Future Land Use Designation assigned to the lot. The rezone is also consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Case No. 18-002 AGENDA ITEM #9.B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 30 of 135 Introduced by: KIB Manager 1 Drafted by: P&Z Commission 2 Introduced on: 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2018-XX 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 10 EMERALD ISLE ESTATES TRACT FROM R3-MULTIFAMILY RESIDENTIAL DISTRICT TO 11 R1-SINGLE-FAMILY RESIDENTIAL DISTRICT (P&Z CASE NO. 18-002) 12 13 WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 14 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 15 Statutes; and 16 17 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 18 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 19 1968 Comprehensive Plan; and 20 21 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 22 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 23 24 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 25 general welfare or good zoning practice requires, the assembly may, by ordinance and after 26 report thereon by the commission and public hearing as required by law, amend, supplement, 27 modify, repeal or otherwise change these regulations and the boundaries of the districts”; and 28 29 WHEREAS, the Planning and Zoning Commission received a request to rezone Emerald Isle 30 Estates Tract from R3-Multifamily Residential District to R1-Single-Family Residential District; 31 and 32 33 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 34 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; 35 and 36 37 WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough 38 Assembly that Emerald Isle Estates Tract be rezoned from R3-Multifamily Residential District to 39 R1-Single-Family Residential District, finding that the public necessity, convenience, general 40 welfare, and good zoning practice would be enhanced by such action; and 41 42 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 43 17.205.040, the Borough Assembly considered the merits of the rezone request. 44 45 Kodiak Island Borough, Alaska Ordinance No. FY2018-XX Deletion – Red, Strikeout Page 1 of 3 Insertion – Bold, Blue, Underlined Version 1 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Case No 18-002 AGENDA ITEM #9.B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 31 of 135 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 46 BOROUGH THAT: 47 48 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 49 Kodiak Island Borough Code of Ordinances. 50 51 Section 2: Emerald Isle Estates Tract is hereby rezoned from R3-Multifamily Residential District 52 to R1-Single-Family Residential District. 53 54 Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in 55 support of their approval of this rezone. 56 57 1. The applicant desires to limit development of Emerald Isle Estates Tract, and any lots 58 that may be created by subdivision of the tract, to single-family dwellings and associated 59 incidental and subordinate uses. Rezoning the parcel from R3-Multifamily Residential 60 District to R1-Single-Family Residential District will facilitate the desired development. 61 62 2. The parcel is situated in a longstanding neighborhood that is generally residential in 63 character and zoning. Rezoning the parcel from R3-Multifamily Residential District to R1-64 Single-Family Residential District will maintain that residential character and be 65 consistent with the surrounding zoning. 66 67 3. The parcel is capable of providing multiple building sites and parking areas that can 68 accommodate the full range of uses permitted in the R1-Single-Family Residential 69 District. 70 71 4. The rezone is consistent with the Urban Residential Comprehensive Plan Future Land 72 Use Designation assigned to the lot. The rezone is also consistent with, and will further 73 implement, various land use and economic goals, policies, and implementation actions 74 identified in the adopted Comprehensive Plan. 75 76 5. The Planning and Zoning Commission recommends that the Borough Assembly approve 77 this rezone. 78 79 Effective Date: This ordinance shall become effective upon verification by the Community 80 Development Department that all structures and uses on Emerald Isle Estates Tract have been 81 brought into compliance with the requirements of Title 17 (Zoning) of the Borough Code. Should 82 all structures and uses not be brought into compliance within 36 months of Assembly approval, 83 this approval shall become null and void. 84 85 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 86 THIS __________ DAY OF _______________, 2017. 87 88 KODIAK ISLAND BOROUGH ATTEST: 89 90 Kodiak Island Borough, Alaska Ordinance No. FY2018-XX Deletion – Red, Strikeout Page 2 of 3 Insertion – Bold, Blue, Underlined Version 1 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Case No 18-002 AGENDA ITEM #9.B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 32 of 135 91 ___________________________ ___________________________ 92 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 93 94 VOTES: 95 Ayes: 96 Noes: 97 Kodiak Island Borough, Alaska Ordinance No. FY2018-XX Deletion – Red, Strikeout Page 3 of 3 Insertion – Bold, Blue, Underlined Version 1 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Case No 18-002 AGENDA ITEM #9.B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 33 of 135 Appendix 1 – Photos of existing single-family dwelling with attached garage/shop on proposed Lot 1 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 3 2 R e z o n i n g E m e r a l d I s l e E s t a t e s T r a c t . . . Pa g e 3 4 o f 1 3 5 Appendix 2 – Photos of existing accessory building on proposed Lot 1 (not shown on plat) AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 3 2 R e z o n i n g E m e r a l d I s l e E s t a t e s T r a c t . . . Pa g e 3 5 o f 1 3 5 Appendix 3 – Photos of existing single-family dwelling on proposed Lot 3 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 3 2 R e z o n i n g E m e r a l d I s l e E s t a t e s T r a c t . . . Pa g e 3 6 o f 1 3 5 Appendix 4 – Photos of existing single-family dwelling on proposed Tract A AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 3 2 R e z o n i n g E m e r a l d I s l e E s t a t e s T r a c t . . . Pa g e 3 7 o f 1 3 5 Appendix 5.1 – Photos of 4 of the 5 manufactured homes currently being stored on parent parcel AGENDA ITEM #9.B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 38 of 135 Appendix 5 – Photos of 5th manufactured home and accessory building currently stored on parent parcel AGENDA ITEM #9.B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 39 of 135 PU B L I C H E A R I N G I T E M 7 - A P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 Ca s e N o . 1 8 - 0 0 2 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 3 2 R e z o n i n g E m e r a l d I s l e E s t a t e s T r a c t . . . Pa g e 4 0 o f 1 3 5 PU B L I C H E A R I N G I T E M 7 - A P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 Ca s e N o . 1 8 - 0 0 2 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 3 2 R e z o n i n g E m e r a l d I s l e E s t a t e s T r a c t . . . Pa g e 4 1 o f 1 3 5 PU B L I C H E A R I N G I T E M 7 - A P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 Ca s e N o . 1 8 - 0 0 2 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 3 2 R e z o n i n g E m e r a l d I s l e E s t a t e s T r a c t . . . Pa g e 4 2 o f 1 3 5 PU B L I C H E A R I N G I T E M 7 - A P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 Ca s e N o . 1 8 - 0 0 2 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 3 2 R e z o n i n g E m e r a l d I s l e E s t a t e s T r a c t . . . Pa g e 4 3 o f 1 3 5 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 www.kodiakak.us July 6, 2017 Public Hearing Item 7-B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 16, 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: 18-002 APPLICANT: Emerald Isle Estates LLC/Kevin Suydam REQUEST: A Rezone of Emerald Isle Estates Tract from R3-Multifamily Residential District to R1-Single-Family Residential District (Chapter 17.205 KIBC). LOCATION: 2716 Spruce Cape Road ZONING: R3-Multifamily Residential 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, August 1, 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 ssmith@kodiakak.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, August 9, 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: Mailing Address: Your property description: Comments: PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Case No. 18-002 AGENDA ITEM #9.B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 44 of 135 2 1 2 3 TRAC T B - 1 UNIT 1UNSU B D I V I D E D P O R T I O N 4 5 6 7 1 2B 3B 3A 2A 3 1B 1A 2 1 17 18A 1 8 C 1 8 B 1234 20 1 2 4 65 22C-1 23A 23B 4A 3 21A 7B 10C 10A - 1 1 0 A - 2 29A 29B 28 27B 9 10 11 8 7 6 UNIT 3 UNIT 4 87A 5C 5D-14B4A 4C 3 2C 2B2A 1 27A26B 26A 26C 26D 25E-1 24E 4 5 12 13 24B - 1 2 4 A - 1 25A 25D 25B 25C JACK S O N M O B I L E H O M E TRAC K 7 89 10 11 12 13 14 15 BLM TR B T27S, R 1 9 W 3 1 34 9A9D 9C 3A 3B 3C 3DTRG TR A- 1 4 2 1 15B 13A 29 TR F 22 A - 1 22 E 22 B - 1 23456 15A 1 5 C - 1 15D 1 5 C - 2 !(1 !(2 DOG P O U N D 2414 6 6 0 2113 2124 2130 2290 2320 2318 116 114 112 2410 2138 2145 2152 114 2 2 0 3 3 8 3 6 4 37 4 3 8 8 2353 2330 2350 2376 674 668 667 2 5 7 8 271327052679 2746 2625 2581 2557 2 5 5 2 25252507 2515 2483 2456 2436 3 5 3 2453 2408 2426 2450 2474 6 5 4 2490 2520 2546 6 3 5 6 4 7 6 6 1 2574 2564 7 2 8 7 5 0 25932585 2657 2646 2685 2695 758 746 2674 2692 27322716 7 6 1 7 7 1 28 1 5 6 5 0 2695 2726 3011 3023 3019 2987 2949 2903 2906 2821 211 9 2409 CIVIL A I R P A T R O L 2413 2608 2616 26352621 264 9 TUR N E R L A N E 3052 3084 3100 2242 1969 2610 2625 2600 2650 1 1 7 2070 292729 3 3 2 9 1 1 2160 2590 2680 2919 6 7 0 2108 2090 212 1 282027562800 East Rezanof D r i v e Mission Ro a d T u r n e r L a n e Jackson Lane M e t r o ki n W a y Unkn o wn U n k n o w n T h u r s t on L a n e C u t - O f f R o a d T u r nerLane C u t - O f f R o a d BennyBenson D r i v e Mill B a y R o a d SpurRoad K o d i a k C oll e g e D r i v e W o o d y W a y L o o p Spruc e H a v e n L a n e M issio n L a ne Spruce Cape Road Public Hearing Notice µ0 750 1,500375Feet Kodiak Island Borough GIS Case 18-002Location2716 Spruce Cape RoadApplicantEmerald Isle Estates LLC/Kevin Suydam Request a Rezone of Emerald Isle Estates Tract from R3-Multifamily Residential District to R1-Single-Family Residential District (Chapter 17.205 KIBC). Legend Subject Parcel Notification Area http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Case No. 18-002 AGENDA ITEM #9.B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 45 of 135 FIRST_NAME LAST_NAME MAIL_LINE_MAIL_LINE1 MAIL_CITY MAIL_STATE MAIL_ZIP PATRICK ADAMS 2546 SPRUCE CAPE RD KODIAK AK 99615 MARTIN BELARDE PO BOX 1929 KODIAK AK 99615 ANGEL BRAVO PO BOX 2027 KODIAK AK 99615 TIMOTHY BURCH 9620 RIMROCK CIRCLE PRESCOTT VALLEY AZ 86314 ALVIN BURCH P.O. BOX 884 KODIAK AK 99615 CODY-RAY CAMPOS PO BOX 2041 KODIAK AK 99615 CITY OF KODIAK PO BOX 1397 KODIAK AK 99615 JOHN DONAT 1918 MILL BAY RD KODIAK AK 99615 EMERALD ISLE ESTATES LLC PO BOX 980 KODIAK AK 99615 DONALD ERDMAN FLP PO BOX 1912 KODIAK AK 99615 KEVIN ERICKSON 2674 SPRUCE CAPE RD KODIAK AK 99615 JAMIE FAGAN P O BOX 2140 KODIAK AK 99615 JAMIE B FAGAN ETAL PO BOX 2217 KODIAK AK 99615 PISA FAUMUI 2320 MILL BAY ROAD KODIAK AK 99615 TODD HUBERT 545 ELI WASELIE CIR KODIAK AK 99615 STARLETTA JACKSON 6727 HIGHLAND VIEW DR ARLINGTON WA 98223 JOHN KAPPELHOFF PO BOX 481 KODIAK AK 99615 MARK KEPLINGER 758 JACKSON LANE KODIAK AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615 WAYNE KOZAK P O BOX 8796 KODIAK AK 99615 JOE MACINKO 2625 SPRUCE CAPE RD KODIAK AK 99615 CAMI MAHONEY 3944 SPRUCE CAPE ROAD KODIAK AK 99615 CARLOS MENJIVAR ETAL PO BOX 1089 KODIAK AK 99615 SAMUEL MUTCH 210 B SHELIKOF KODIAK AK 99615 TED NUSSBAUM P O BOX 8981 KODIAK AK 99615 JOAN PELLOSIS ETAL 728 CUT-OFF RD KODIAK AK 99615 JUAN PENALOZA 3155 SPRUCE CAPE RD KODIAK AK 99615 DONALD J RHINEHART PO BOX 903 KODIAK AK 99615 CARLOS RILEY 2557 SPRUCE CAPE ROAD KODIAK AK 99615 DONNA RUCH 2608 SPRUCE CAPE RD KODIAK AK 99615 JOHN RYAN 341 N ATLANTIC BLVD APT G ALHAMBRA CA 91801 WANDA SCHOLZE PO BOX 8511 KODIAK AK 99615 JEFFREY SLAUGHTER PO BOX 2058 KODIAK AK 99615 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Case No. 18-002 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 3 2 R e z o n i n g E m e r a l d I s l e E s t a t e s T r a c t . . . Pa g e 4 6 o f 1 3 5 CARL SMITH PO BOX 8913 KODIAK AK 99615 EMIROS SOCKWELL 1315 MADSEN AVE KODIAK AK 99615 AARON STILL 2657 METROKIN WAY KODIAK AK 99615 ALAN TORRES 2746 REZANOF DR E KODIAK AK 99615 ANTONIO VELASCO ETAL PO BOX 8025 KODIAK AK 99615 JEFF A WADLE 2692 SPRUCE CAPE RD KODIAK AK 99615 WOM AMER BAPTIST MISSION VALORIA CHEEK, ESQ PO BOX 851 VALLEY FORGE PA 19482 WILLIAM ZIMMERMAN PO BOX 2261 KODIAK AK 99615 BARBARA ZIMMERMAN PO BOX 910 KODIAK AK 99615 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Case No. 18-002 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 3 2 R e z o n i n g E m e r a l d I s l e E s t a t e s T r a c t . . . Pa g e 4 7 o f 1 3 5 PU B L I C H E A R I N G I T E M 7 - A P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 Ca s e N o . 1 8 - 0 0 2 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 3 2 R e z o n i n g E m e r a l d I s l e E s t a t e s T r a c t . . . Pa g e 4 8 o f 1 3 5 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2018-10 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.100 Boards, Committees, and Commissions. ORIGINATOR: Nova Javier RECOMMENDATION: Move to adopt Ordinance No. FY2015-07. DISCUSSION: All boards, committees, and commissions established under Title 2 of the Borough Code, with the exception of those mandated by state law, shall terminate by operation of law three years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three years. The Boards, Committees, and Commissions reestablished per this Ordinance will be for three years, starting January 1, 2018 until December 31, 2020. Advertising for this process and public hearing were advertised on September 8, October 6, and another notice will go out on October 27. All the members of the boards, committees, and commissions were notified about the public hearing on November 2, 2017. Note: • Section 203 of the Personnel Manual states the Assembly shall appoint a Personnel Board consisting of five members. The Personnel Advisory Board is referred to in the personnel manual (see attached). • The Kodiak Economic Development Commission (KEDC) exists in the code. The Borough contracted for many years with the Chamber of Commerce and a Comprehensive Economic Development (CEDS) Committee was formed. CEDS took over the role of KEDC. The contract with the Chamber of Commerce was terminated effective April 30, 2014. KEDC still exists in Title 2 but there are currently no members. CEDS Committee is non existent due to the termination of the contract with the Chambers. Visit http://www.codepublishing.com/AK/KodiakIslandBorough/?KodiakIslandBorough02/KodiakIslan dBorough02.html to access KIBC Title 2 and see the different descriptions and duties of the boards. ALTERNATIVES: AGENDA ITEM #9.C. Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 49 of 135 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #9.C. Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 50 of 135 Kodiak Island Borough, Alaska Ordinance No. FY2018-10 Deletion – Red, Strikeout Page 1 of 2 Insertion – Bold, Blue, Underlined Version 1 Introduced by: Borough Assembly 1 Drafted by: Borough Clerk 2 Introduced on: 10/19/2017 3 Public Hearing Date: 11/02/2017 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2018-10 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 REESTABLISHING BOARDS, COMMITTEES, AND COMMISSIONS AS ESTABLISHED IN 11 THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION 12 AND PERSONNEL CHAPTER 2.100 BOARDS, COMMITTEES, AND COMMISSIONS 13 14 WHEREAS, all boards, committees, and commissions established under Title 2, Chapter 15 2.100 of the Kodiak Island Borough Code of Ordinances, with the exception of those mandated 16 by law, shall terminate by operation of law every three years, unless affirmatively re-established 17 or continued by the Assembly; and 18 19 WHEREAS, the Assembly shall hold a public hearing to receive testimony on the need for the 20 continued existence of the board, committee, or commission from the general public and 21 members of the board, committee, or commission. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 24 BOROUGH that: 25 26 Section 1: This ordinance is of a general and permanent nature and shall become a part of 27 the Kodiak Island Borough Code of Ordinances; and 28 29 Section 2: The following boards, committees, and commissions, with the exemption of the 30 (INSERT HERE), are hereby affirmatively reestablished in the Kodiak Island 31 Borough Code of Ordinances effective midnight December 31, 2017. 32 33 Chapter 2.15 Personnel Advisory Board 34 Chapter 2.110 Emergency Services Council 35 Chapter 2.115 Kodiak Economic Development Commission 36 Chapter 2.120 Parks and Recreation Committee 37 Chapter 2.125 Architectural/Engineering Review Board 38 Chapter 2.145 Solid Waste Advisory Board 39 Chapter 2.155 Kodiak Workforce Regional Advisory Council 40 Chapter 2.160 Borough Lands Committee 41 42 Effective Date: This ordinance takes effect midnight December 31, 2017. (Note: KIBC 2.30.070 43 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) 44 45 AGENDA ITEM #9.C. Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 51 of 135 Kodiak Island Borough, Alaska Ordinance No. FY2018-10 Deletion – Red, Strikeout Page 2 of 2 Insertion – Bold, Blue, Underlined Version 1 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 46 THIS __________ DAY OF _______________, 2017. 47 48 KODIAK ISLAND BOROUGH ATTEST: 49 50 51 ___________________________ ___________________________ 52 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 53 54 VOTES: 55 Ayes: 56 Noes: 57 AGENDA ITEM #9.C. Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 52 of 135 10/18/2017 Dear Mayor Rohrer and the Kodiak Island Borough Assembly: This letter is in response to the reestablishment of the Kodiak Workforce Regional Advisory Council. KWRAC was last reestablished in 2014. Since then, KWRAC has helped introduce and mediate AK DOL Registered Apprentice programs in Kodiak, advised the KHS entrepreneurship program, hosted a workforce forum, collected employer data, and has recently begun discussions on how the community can assist with:  Voc Rehab employment needs  Education and training for immigrants who have foreign professional credentials  Resurrecting job fairs and small business/start-up/self-employment advising Unfortunately, as you are aware, the Council has repeated difficulty establishing quorums in order to conduct business, stifling the important work that everyone on the Council agrees is necessary for our community. The meetings in which we do have a quorum, business has still remained sluggish due to the lack of attendance and participation by several significant community partners (industry sector representatives, education organizations, and local government representation). As a function of the Kodiak Island Borough, KWRAC is beholden to open meetings laws, and because of the difficulty of holding meetings, we, the undersigned, recommend against reestablishing KWRAC as a borough advisory group, shifting responsibility of continuing the group to those organizations equipped and specifically charged with responding to Kodiak’s workforce needs: UAA, Kodiak College, UAF/FITC, and the Kodiak Island Borough School District. Ideally, the Chamber of Commerce, native corporations, and our local Dept. of Labor office will take a leadership and organizational position, too. Doing so will:  Relieve the group of quorum regulations  Compel these organizations to hold joint meetings specifically concerning Kodiak’s workforce needs, share resources and align programs, and regularly present a cohesive message to the Kodiak Island Borough about workforce development  Eliminate the allocation of already stretched KIB resources (KIB Code 2.155.050) De-establishing KWRAC, however, may also have detrimental effects:  Loss of the public voice and accountability, unless a new reiteration of KWRAC intentionally makes their meetings public. We don’t think a KWRAC that serves only the organizational interests of KIBSD and/or Kodiak College is in our community’s best interest, and we think the Council agrees with that.  Loss of obligation to advise the KIB in workforce-related issues, unless Borough participation is intentionally sought and maintained. AGENDA ITEM #9.C. Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 53 of 135 10/18/2017 If KWRAC were de-established, we recommend that the seats and original duties (KIB Code 2.155) be maintained, with a few exceptions:  Addition of a Voc Rehab seat in 2.155.010 “Membership”  Deletion of 2.155.040.C “Provide oversight and advice on One-Stop Job Center operations to ensure they are meeting regional and local needs.” This particular duty would be inappropriate for a non-public advisory council. Thank you for your consideration of this matter. Sincerely, Dr. Jared Griffin, Chair, Arts and Communication Seat, Kodiak Workforce Regional Advisory Council Dr. Alisha Drabek, Citizen-at-Large Seat, Kodiak Workforce Regional Advisory Council Dr. Larry LeDoux, Ex-Officio, KIBSD Superintendent, Kodiak Workforce Regional Advisory Council Garet Plantz, Business Management Seat, Kodiak Workforce Regional Advisory Council Rachel Putman, Department of Labor Seat, Kodiak Workforce Regional Advisory Council Stacey Simmons, Native Corporations Seat, Kodiak Workforce Regional Advisory Council AGENDA ITEM #9.C. Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 54 of 135 2.100.180 Termination. A. All boards, committees, and commissions established under this chapter, with the exception of those mandated by state law, shall terminate by operation of law three years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three years. Any newly created board, committee, or commission shall be subject to the provisions of this section. Prior to the termination, continuation, or reestablishment, the clerk shall publish a notice of termination 60 days prior to the termination, and the assembly shall hold a public hearing, receiving testimony from the general public and members of the board, committee, or commission. In said hearing, the board, committee, or commission shall have the burden of demonstrating a public need for its continued existence. B. A determination as to whether a board, committee, or commission has demonstrated a public need for its continued existence shall take into consideration the following factors: 1. The extent to which a board, committee, commission or program has operated in the public interest; 2. The extent to which a board, committee, or commission has recommendations which are generally of benefit to the public interest; 3. The extent to which a board, committee, or commission has encouraged interested persons to report to it concerning the effect of its decisions on the effectiveness of service, and availability of service which it has provided; 4. The extent to which the board, committee, or commission has encouraged public participation in the making of its decisions; and 5. The efficiency with which public inquiries or complaints regarding the activities of the board, committee, commission or agency filed with it, with the department to which a board, committee, or commission is administratively assigned, have been processed and resolved. [Ord. 02-15 §2, 2002; Ord. 99-09 §2, 1999; Ord. 98-02 §8, 1998; Ord. 96-16 §2, 1996; Ord. 93-61 §2, 1993; Ord. 87-29-O §3, 1987. Formerly §2.39.180]. AGENDA ITEM #9.C. Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 55 of 135 AG E N D A I T E M # 9 . C . Or d i n a n c e N o . F Y 2 0 1 8 - 1 0 R e e s t a b l i s h i n g B o a r d s , C o m m i t t e e s , a . . . Pa g e 5 6 o f 1 3 5 AG E N D A I T E M # 9 . C . Or d i n a n c e N o . F Y 2 0 1 8 - 1 0 R e e s t a b l i s h i n g B o a r d s , C o m m i t t e e s , a . . . Pa g e 5 7 o f 1 3 5 KODIAK 7................. CHAMBER 77 qf C OMMERCE, 100 L Marine Wail,Suit e300,Kodiak Ahaska 99615*(907)486-55570 FAX- (907)486-7605 March 20, 2014 www.kodiakehmnber.orge Eynafl- eharnber(kodiak.org Bud Cassidy, Manager Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK 99615 Dear Mr. Cassidy, RE: Economic Development Contract The Kodiak Chamber of Commerce Board of Directors discussed concerns over the Economic Development contract it has with the Kodiak Island Borough at its March 17th meeting. At this time we are giving the Kodiak Island Borough, a one month notice of cancellation of contract, to become effective April 30, 2014. The Kodiak Chamber of Commerce feels that the work we have done towards Economic Development over the past 20 years has benefited the community greatly. We have worked in partnership with the Borough and City on numerous projects over the years including the Launch Complex, Fiber Optic Cable, Shiplift Facility, etc. The Chamber's mission is "to promote a strong and diverse economy for the Kodiak region" and we will continue to fulfill that mission as our membership and Board of Directors sees fit. We thank you for your many years of support. We intend to continue our role as a leader in improving the economic growth of Kodiak and surrounding areas, and look forward to our continued relationship for the betterment of Kodiak. Sinc rely, Darlene Williamson, President Dedicated to Kodiak's Economic FUtUre AGENDA ITEM #9.C. Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 58 of 135 CtaknaND 0.04 —Ol ECONOMIC DEVELOPMENT PROGRAM AGREEMENT THIS AGREEMENT is entered into by and between the Kodiak Island Borough, Alaska Borough) and the Kodiak Chamber of Commerce (contractor) for the purpose of setting forth the terms and conditions pursuant to which the contractor shall be contracted to provide economic development activities. Section 1. INTENT OF AGREEMENT. The contractor is hereby contracted to provide an economic development committee and staff to focus on economic development planning and project development in the Kodiak Island Borough. Section 2. SCOPE OF WORK. The contractor will provide staff who will serve on the economic development committee drawn from the Kodiak Island community with representatives from the City of Kodiak,. Kodiak Island Borough, Kodiak Island outlying communities, and with the Kodiak Chamber of Commerce. Staff will work with the Committee to accomplish the following tasks identified in the document, such as: a. Continue to facilitate the Kodiak Fisheries Advisory Council and forward recommendations to the Borough Assembly and Manager; b. Work with the National Marine Fisheries Service, University of Alaska Fishery Industrial Technology Center, and local processors to achieve stability and diversification in the fish processing industry by encouraging secondary and value-added processing, harvesting of under-utilized species, and by maximizing by-product utilization; c. Continue looking for grants and funding to revitalize the Kodiak Branding and Marketing Committee in their efforts to develop and implement a marketing plan and quality assurance program for Kodiak seafood; d. Work with the Kodiak Island Convention and Visitors Bureau to transform the visitor industry into a significant component of the Kodiak Region's economy; e. Work with local retailers to promote a Shop Local Campaign; f. Work with Kodiak College, the Kodiak Island Borough School District, Kodiak Area Native Association, and other organizations to encourage entrepreneurship and assist small business development; g. Continued participation and involvement with Southwest Alaska Municipal Conference in their efforts to bring economic stability to the region. h. Work with educational institutions, public funding entities and industry to develop a comprehensive economically sustainable fisheries research facility in Kodiak. i. Explore ways of enhancing Kodiak's position as a regional transportation hub; j. Assist in the economic development of Kodiak Region outlying communities. k. Conduct a web based survey to identify key barriers, benefits and needs in Kodiak's business community in order to strengthen their role in Kodiak's economy. I. Establish a work group formed by Kodiak key business and government leaders to identify what is needed to solve the community's housing shortage and work to Page 1 of 2 AGENDA ITEM #9.C. Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 59 of 135 promote the solutions identified. The information gathered from the group will be used to write a comprehensive Kodiak Housing Report. m. Create a "COMMERCIAL FISHING LOAN PROGRAM" page on Chamber's new website that links to appropriate information on State's website. n. Create a "STARTING A BUSINESS IN KODIAK page on Chamber's new website that links to appropriate information. A minimum of four Comprehensive Economic Development Strategy (CEDS) committee meetings will be scheduled during the term of this Agreement for the purpose of maintaining committee input and guiding the efforts of the contractor. A report of all activities of the contractor will be submitted to the Borough Manager following each meeting. Section 3. REPORTS. In addition to the CEDS Committee reports, the Contractor shall provide a quarterly written report regarding the tasks identified in Section 2 of this contract. Section 4. TERM. This agreement will remain in effect July 1, 2013 through June 30, 2014, unless earlier terminated. Either party shall have the right to terminate the agreement without penalty upon one month's written notice to the other. Section 5. COMPENSATION. As compensation for all services rendered under this agreement, contractor shall be paid $43,000.00 by the Kodiak Island Borough. Said compensation shall be paid in equal installments of $10,750.00 on the second Friday of July and October 2013, and January and April 2014. IN WITNESS WHEREOF the parties have executed this Agreement on this / day of June 2013. KODIAK ISLAND BOROUGH KODIAK CHAMBER OF COMMERCE AIL harles E. Cassidy Jr., Borough Manager Trevor Brown, Executive Director ATTEST: Stp.ND eQ' , Tth. JavJC, BoughClerk 1 3 AIWA 196 Page 2 of 2 AGENDA ITEM #9.C. Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 60 of 135 Kodiak Chamber of Commerce Economic Development Department Quarterly Report to the Kodiak Island Borough October 15, 2013 1. Comprehensive Economic Development Strategy (CEDS). Q1 2014 CEDS Committee meeting is scheduled for October 30, 2013. The CEDS planning process and resulting documentation helps coordinate efforts of local government, private industry, non - profits and other community stakeholders to identify and achieve economic development goals. Committee meetings are held in October, December, February /March and April /May to accommodate Kodiak summer schedules. Major updates at the October CEDS Committee meeting include an overview of new proposed rules issued by the Economic Development Administration, U.S. Department of Commerce, outlining proposed changes to CEDS guidelines and processes. The new guidance aims to incentivize innovation and collaboration, and modernize the CEDS requirements to four essential planning elements, allowing community planning efforts to focus on strategies, performance and outputs. Due to the federal government shutdown issuance of final rules is delayed, but was expected in the latter half of 2013. The CEDS planning process over the next 6 months will identify economic development priorities for Kodiak and help guide utilization of Chamber resources. 2. Kodiak Fisheries Advisory Council. A September meeting of KFAC was not possible due to conflicts with other federal and local meetings related to fisheries. Discussion at the last Fisheries Work Group (FWG) meeting on October 14, 2013, contemplates dissolving KFAC entirely as the FWG continues to take an active role is fisheries issues. 3. Achieve Stability and Diversification in Fish Processing Industry Through Secondary and Value - Add Processing, Harvesting Under - Utilized Species and Maximizing By- Product Utilization. Prioritization of this item will be clarified during the CEDS planning process, at which time key stakeholders and next steps will be identified, allowing development of specific initiatives, implementation plans and anticipated timelines as appropriate. 4. Kodiak Branding & Marketing Committee. This Committee is currently dormant, and last met in 2011. Further work and resource allocation for this item will be guided by outcomes of the CEDS planning process. 5. Kodiak Island Convention and Visitors Bureau /Discover Kodiak. Throughout Q1 the Chamber and Discover Kodiak focused on ensuring adequate Alaska Marine Highway System (AMHS) service to Kodiak. Efforts touched on exiting vessel schedules, as well as advocating for funds to replace the M/V Tustamena. Limited ferry service throughout all of 2013 negatively impacted Kodiak tourism, as well as the overall Kodiak economy. Outlying communities were unable to access direct ferry service because their docks cannot accommodate the larger M/V Kennicott, and transportation of vehicles and U.S. Coast Guard household transfers were limited due to the Kennicott's scheduled runs to Bellingham, WA. 6. Shop Local Campaign. The Chamber will continue to partner with local retailers and encourage the community to invest in local businesses and Kodiak's economy by shopping locally. AGENDA ITEM #9.C. Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 61 of 135 7. Partnering with Kodiak College, Kodiak Island Borough School District, Kodiak Area Native Association and Other Organizations. The Chamber is actively engaged with the Kodiak College Advisory Council and attended its last meeting on October 3, 2013. The Chamber is participating in the KIBSD Strategic Planning work, held over three evening sessions October 91h, 16th and 23rd. The Chamber is also partnering closely with the Kodiak Area Native Association regarding each entity's CEDS planning process and support for economic development in Kodiak's outlying communities. 8. Southwest Alaska Municipal Conference. Trevor Brown, the Executive Director of the Chamber, is a board member of SWAMC and participates in their monthly board meetings via teleconference. The Chamber continues to work with SWAMC on Economic Development issues in Southwest Alaska and Kodiak. Recent efforts included submitting a resolution on the replacement of the M/V Tustamena, the formation of a group of Industry leaders from the area to discuss economic issues, and creating Regional Energy Plans through a partnership with the Alaska Energy Authority. 9. Develop Comprehensive Economically Sustainable Fisheries Research Facility in Kodiak. Prioritization of this item will be clarified during the CEDS planning process, at which time key stakeholders and next steps will be identified, allowing development of specific initiatives, implementation plans and anticipated timelines as appropriate. 10. Kodiak as Regional Transportation Hub. In Q1 the Chamber actively worked to raise awareness of the negative impacts of limited AMHS ferry service throughout 2013, and advocate for replacement of the M/V Tustamena as it continues to age and require more downtime for repairs. Additionally, the Chamber continues to maintain strong relationships with Alaska Airlines and other transportation modalities. 11. Economic Development of Kodiak Region Outlying Communities. The Chamber is actively partnering with the Kodiak Area Native Association, Koniag, Inc., and the Kodiak Island Borough to support economic development planning in Kodiak's outlying communities. The Chamber also participated in open sessions of the Kodiak Rural Forum, held September 18 -20, 2013, which included representation from all of Kodiak's outlying communities. 12. Web -based Survey and Economic Summit. The Chamber conducted a Kodiak Economic Development and Housing Survey in January, 2013, which identified housing as a key issue for further work, prompting the Chamber to form the Kodiak Housing Taskforce. During FY 2014 the Chamber anticipates holding a summit to introduce and kick off the new CEDS planning process. At the summit stakeholders will identify strengths, weakness, opportunities and threats to economic development in Kodiak, as well as prioritize initiatives for further development. 13. Kodiak Housing Taskforce. The Chamber formed the Kodiak Housing Taskforce following its survey in January, 2013, and meetings were held in March April 17th, May 141h and September 23rd, 2013. The Taskforce comprises community stakeholders with perspectives from the local and federal government, private industry, Native corporations and community non - profits, and serves as a forum to share information and dialogue related to Kodiak housing challenges. 14. Web Presence. The Chamber is currently updating the Economic Development component of its website, which will include virtual information packets for, "Commercial Fishing Loan Program" and, "Starting a Business in Kodiak." The updated site will also serve as a more interactive interface for Kodiak to access outcomes and documentation from the CEDS planning process. AGENDA ITEM #9.C. Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 62 of 135 Introduced by: Borough Assembly Requested by: BoroughClerk Drafted by:BoroughClerk 1 Introduced: 11/06/2014 2 Public Hearing: 12/04/2014 3 Adopted: 12/04/2014 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2015-07 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH REESTABLISHING BOARDS, COMMITTEES, AND 10 COMMISSIONS AS ESTABLISHED IN THE KODIAK ISLAND I1 BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION 12 AND PERSONNELCHAPTER 2.100 BOARDS, COMMITTEES, AND 13 COMMISSIONS 14 15 WHEREAS, all boards, committees, and commissions established under Title 2, Chapter 16 2.100 of the Kodiak Island BoroughCode of Ordinances, with the exception of those 17 mandated by law, shall terminate by operation of law every three years, unless 18 affirmatively re-established or continued by the Assembly; and 19 20 WHEREAS, the Assembly shallhold a public hearing to receive testimony on the need 21 for the continuedexistence of the board, committee, or commission from the general 22 public and members of the board, committee, or commission. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH that: 26 27 Section 1: This ordinance is of a general and permanent natureand shall become a 28 part ofthe Kodiak Island Borough Code of Ordinances; and 29 30 Section 2: The followingboards, committees, and commissions, with theexemption 31 ofthe Fisheries and Oceanic Research Board, are hereby affirmatively 32 reestablished in the Kodiak Island BoroughCode of Ordinances effective 33 midnightDecember 31, 2014: 34 35 Chapter 2.15 PersonnelAdvisory Board 36 Chapter 2.110 Emergency Services Council 37 Chapter 2.115 KodiakEconomic Development Commission 38 Chapter 2.120 Parksand Recreation Committee 39 Chapter 2.125 Architectural/Engineering Review Board 40 Chapter 2.145 Solid WasteAdvisory Board 41 t 42 Chapter 2.155 Kodiak Workforce Regional Advisory Council 43 Kodiak Island Borough, Alaska Ordinance No. FY2015-07 Page 1 of 2 ORDINANCE APPROVED IN 2014 PROVIDED FOR REFERENCE AGENDA ITEM #9.C. Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 63 of 135 44 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 45 THIS FOURTH DAY OF DECEMBER, 2014 46 47 KODIAK ISLAND BOROUGH 48 49 51 Jerrol Friend, Borough Mayor 52 53 ATTE T: 54 a 55 5 lee 5 r, •avier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2015-07 Page 2 of 2 AGENDA ITEM #9.C. Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 64 of 135 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2018-11 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.17 Rules Of The Assembly, Section 2.30.020 General Rules To Allow Participation By Assembly Members By Teleconference During Meetings. ORIGINATOR: Daniel Rohrer RECOMMENDATION: Move to adopt Ordinance No. FY2018-11. DISCUSSION: The current Borough code allows assembly members to participate via teleconference during work sessions only. AS 44.62.310 reads that attendance and participation at meetings by members of the public or by members of a governmental body may be by teleconferencing. AS 29.20.160(f) states the assembly is authorized to determine by ordinance its own rules or procedure and order of business to the extent otherwise permitted by law. The Assembly desires to amend the current code to permit members of the Assembly to participate by teleconference during work sessions, special and regular meetings. Adoption of this change is contingent to adoption of parameters set by a resolution of the assembly. See attached draft resolution included in the packet for Assembly consideration at the November 2nd regular meeting. ALTERNATIVES: Leave the code as is. FISCAL IMPACT: Teleconferencing costs. Additional advertising costs. Installation of additional equipment that may be needed i.e. videoconferencing, etc. OTHER INFORMATION: AGENDA ITEM #9.D. Ordinance No. FY2018-11 Amending Kodiak Island Borough Code ...Page 65 of 135 Kodiak Island Borough, Alaska Ordinance No. FY2018-11 Deletion – Red, Strikeout Page 1 of 2 Insertion – Bold, Blue, Underlined Version 2 Introduced by: KIB Assembly 1 Drafted by: Borough Clerk/Manager 2 Introduced on: 10/19/2017 3 Public Hearing Date: 11/02/2017 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2018-11 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND 11 PERSONNEL, CHAPTER 2.17 RULES OF THE ASSEMBLY, SECTION 2.30.020 GENERAL RULES 12 TO ALLOW PARTICIPATION BY ASSEMBLY MEMBERS BY TELECONFERENCE DURING 13 MEETINGS 14 15 WHEREAS, teleconference participation by the mayor, assembly members and the public is 16 authorized by AS 44.62.310(a) and 44.62.312.; and 17 18 WHEREAS, the use of teleconferencing at assembly meetings and work sessions is for the 19 convenience of government officials and the public; and 20 21 WHEREAS, it is the desire of the assembly to allow teleconferencing as long as parameters 22 are set in place by a resolution adopted by the assembly. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH THAT: 26 27 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 28 Kodiak Island Borough Code of Ordinances. 29 30 Section 2: That Section 2.30.020B of the Kodiak Island Borough Code of Ordinances is 31 amended to read as follows: 32 33 B. Quorum. Four members of the assembly shall constitute a quorum. Attendance of assembly 34 members shall be in person and may not be by teleconference, except for work sessions and 35 emergency meetings. In the event of an emergency meeting, the provisions set in AS 44.62.310 36 shall be followed. At tendance and participation of the members of a governmental body 37 may be by teleconferencing per AS 44.62.310. The mayor or member(s) of the assembly 38 may participate in and vote at regular and special meetings of the assembly by 39 teleconference (e.g., telephone, videoconferencing, or similar technology) under 40 prescribed circumstances and parameters set in place by resolution adopted by the 41 assembly. Participation by teleconference during work sessions and executive sessions 42 is also allowed. 43 44 VERSION 2 AGENDA ITEM #9.D. Ordinance No. FY2018-11 Amending Kodiak Island Borough Code ...Page 66 of 135 Kodiak Island Borough, Alaska Ordinance No. FY2018-11 Deletion – Red, Strikeout Page 2 of 2 Insertion – Bold, Blue, Underlined Version 2 Effective Date: This ordinance takes effect only upon adoption of a resolution prescribing the 45 circumstances allowing participation by teleconference. 46 47 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 48 THIS __________ DAY OF _______________, 2017. 49 50 KODIAK ISLAND BOROUGH ATTEST: 51 52 53 ___________________________ ___________________________ 54 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 55 56 VOTES: 57 Ayes: 58 Noes: 59 60 61 AGENDA ITEM #9.D. Ordinance No. FY2018-11 Amending Kodiak Island Borough Code ...Page 67 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-14 VERSION # 2 Page 1 of 2 Introduced by: KIB Assembly 1 Drafted by: Borough Mayor/Manager/Clerk 2 Introduced on: 11/02/2017 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2018-14 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH SPECIFYING 9 THE CIRCUMSTANCES AND PARAMETERS THAT ARE PERMISSIBLE FOR 10 TELECONFERENCE PARTICIPATION OF THE MAYOR AND ASSEMBLY MEMBERS 11 12 WHEREAS, teleconference participation by the mayor and assembly members and the public 13 is authorized by AS 44.62.310(a) and 44.62.312.; and 14 15 WHEREAS, the use of teleconferencing at assembly meetings and at work sessions will 16 increase the ability for Borough staff, elected officials, and the public to engage and participate 17 in a meaningful capacity when situations exist precluding their physical presence at meetings; 18 and 19 20 WHEREAS, it is the desire of the assembly to allow teleconferencing with parameters 21 established by a resolution adopted by the assembly; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 24 BOROUGH that this resolution formally adopts and specifies the circumstances that are allowed 25 for teleconference participation of the mayor and assembly members. 26 27 A. AS 44.62.310 states that attendance and participation of the members of a governmental 28 body may be by teleconferencing; therefore, the mayor or assembly members may 29 participate in and vote at regular and special meetings of the assembly by teleconference 30 (e.g., telephone, videoconferencing, or similar technology), as well as during work sessions 31 and executive sessions. These prescribed circumstances and parameters are as follows: 32 1. The meeting is held with a quorum of members physically present; 33 2. Reasonable technical capabilities are available at the meeting locations to allow the 34 member to participate by teleconference, to include being able to hear and engage in 35 discussion, and being audible to all persons participating in the meeting; 36 3. Reasonable public notice of the date, time, and place of the location(s) from which the 37 assembly member(s) will be appearing telephonically must be given. A member of the 38 public could join the teleconferencing assembly member and participate from the 39 location of the call; 40 4. Prior to the meeting, reasonable efforts should be made to ensure that the member 41 participating by teleconference is provided with the meeting agenda and other pertinent 42 documents to be discussed and/or acted upon; access to the agenda and documents 43 from the borough’s website will be considered sufficient access; and 44 5. All votes taken at the meeting are by roll call. 45 46 VERSION 2 AGENDA ITEM #9.D. Ordinance No. FY2018-11 Amending Kodiak Island Borough Code ...Page 68 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-14 VERSION # 2 Page 2 of 2 47 B. Telephonic participation is permitted for elected officials who are residents of the 48 outlying villages or cities. Participation is also allowed when the mayor or assembly 49 member(s) are physically absent due to the following: 50 1. The illness or injury of the assembly member or a family member; 51 2. The death of a family member; 52 3. An employment-related commitment; 53 4. A commitment for borough business; 54 5. Other cause preapproved by an action of the assembly at an assembly meeting; and 55 6. Off-island personal travel???? 56 57 C. Participation by teleconference may not be used as a “last minute” device. Assembly 58 members shall notify the clerk’s office with at least a minimum of five-day notice of their 59 intent to participate in a meeting via teleconference and provide sufficient contact 60 information for purposes of setting up the teleconference. This section does not apply to 61 special meetings or emergency meetings of the Assembly. 62 63 D. The mayor, any assembly member, and any member of the public who participates by 64 teleconference shall not be charged for any telephone costs associated with the 65 teleconference participation. 66 67 E. Assembly members participating by teleconference shall identify any persons in the room 68 with them during the teleconference. 69 70 F. If the mayor participates telephonically, the mayor may participate in debate and may vote to 71 break ties but shall not act as presiding officer of the meeting. 72 73 G. The deputy presiding officer must also be physically present to preside over a meeting. In 74 the absence of the mayor and deputy presiding officer, a senior assembly member shall 75 preside over the meeting. 76 77 The assembly may revoke the privilege of participation of an assembly member or the mayor by 78 telephone or electronic means should such participating assembly member or the mayor violate 79 any or all of subsections above. 80 81 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 82 THIS __________ DAY OF _______________, 2017. 83 84 KODIAK ISLAND BOROUGH ATTEST: 85 86 ___________________________ ___________________________ 87 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 88 VOTES: 89 Ayes: 90 Noes: 91 AGENDA ITEM #9.D. Ordinance No. FY2018-11 Amending Kodiak Island Borough Code ...Page 69 of 135 JAN - 17 -2006 TUE 02:56 PM FROM:JESM MEMORANDUM FAX:9074868227 r PAGE 2 min Schmitt St. John 23 Carolyn Street dlak, Alaska 99815 907) 488 -6024 Fax (907) 488 -8112 a -mail: mattatjeamkod.com to: Judi Nielsen, Clerk Kodiak Island Borough from: Matthew D. Jamin ATTORNEY - CLIENT PRIVILEGE APPLIES broposedre: amendment to KIBC 2.17.020 date: ;January 17, 2006 As requested we have reviewed the proposed change to Kodiak Island Borough Code section 2,17,020. It is the intent of this amendment to permit members of the assembly to participate by teleconference at meetings of the assembly. According to AS 29.20.160 (f), the assembly is authorized to determine by ordinance its own rules of procedure and order of business to the extent otherwise permitted by law. 1 As noted in the preamble to the proposed ordinance, general authority for the proposed change is found in Alaska's Open Meetings Act ( "OMA "), AS 44.62.310. Subsection (a) of AS 44.62.310 reads: All meetings of a governmental body of a public entity of the state are open to the public except as otherwise provided by this section or another provision of law. Attendance and participation at meetings by members of the public or by members of a governmental body may be by teleconferencing. Agency materials that are to be considered at the Meeting shall be made available at teleconference locations if practicable. Except when voice votes are authorized, the vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote. The vote at a meeting held by teleconference shall be taken b roll call. This section does not apply to any votes required to be taken to organize a governmental body described in this subsection. (Emphasis edded.) Subsection (e) of AS 44.62.310 is also relevant. It reads: Reasonable public notice shall be given for all meetings required to be open under this section. The notice must include the date, time, and place of the meeting and if, the meeting is by teleconference, the location of an teleconferencing facilities that will be used. Subject to posting notice of a Meeting on the Alaska Online Public Notice System as required by AS 44.62.175 (a), the notice may be given using print or broadcast media. The notice shall be posted at the principal office of the public entity or, if the AGENDA ITEM #9.D. Ordinance No. FY2018-11 Amending Kodiak Island Borough Code ...Page 70 of 135 JAN - 17 - 2006 TUE 02:56 PM FROM:JESM Memo to ' Judi Nielsen January 17, 2006 Page 2 public entity has no principal office, at a place designated by the governmental body. The governmental body shall provide notice in a consistent fashion for all its meetings. (Emphasis added.) The Alaska Supreme Court has interpreted AS 44.62.310 on several occasions. In Hickel v. Southeast Conference' the actions of the Reapportionment Board were challenged under the Open Meetings Act. The court noted:. "The Open Meetings Act allows, but does not require, the use of teleconferencing 'for the convenience of the parties, the public, and the governmental units conducting the meetings,' " The court went on to state: While teleconferencing is not mandatory, the Act requires certain procedures if it is used. These Include making materials available at tleconference locations, taking votes by roll call, and providing reasonable public notice as to the time, date and location of the teleconference location to be used. Implicit In the Hickel decision is that voting members of the governmental unit must attend at noticed teleconference sites. The court also approved the practice of allowing members of the public to provide testimony by telephone without traveling to in official i.e., noticed) teleconference site. r Alaska Community Colleges' Federation of Teachers v. University of Alaska, the cout reviewed the decision of the university's board of regents to merge two colleges Into the University of Alaska, Juneau. The court noted that if "a public body acts in of the OMA, its actions are void. " This means that it is very important for the Iprough to fully comply with the OMA. Iii Brookwood Area Homeowners Association v. Municipality of Anchorage, the court considered the action of the Anchorage Municipal Assembly when it met privately 2 3 868 P.2d 919 (Alaska 1994). Id at 929, citing AS 44.62,312(a)(6). Id, citing AS 44.62.310. 77 P.2d 886 (Alaska 1 984). Id at 888. Is 702 P.2d 1317 (Alaska 1986). FAX:9074868227 PAGE 3 AGENDA ITEM #9.D. Ordinance No. FY2018-11 Amending Kodiak Island Borough Code ...Page 71 of 135 JAN - 17 - 2006 TUE 02:57 PM FROM:JESM Memo to Judi Nielsen January 17, 2006 Page 3 FAX:9074868227 PAGE 4 with a dsveloper to discuss an rezoning application. The trial court held that this was not a "rreeting" under the OMA. The supreme court disagreed and noted that a "meeting" includes every step of the deliberative and decision - making process when a governmental unit meets to transact public business.' Laving considered this authority, it is our opinion that the assembly may adopt an ordinanqe which allows assembly members to participate via teleconference. However, reasonable public notice of the date, time and place of the locations) from which the assemb'y member(s) will be appearing telephonically must be given. Also, any of the materials generally available to the public should be at the teleconference site. Note that in theory, a member of the public could join the teleconferencing assembly member and participate from the location of the call. One would not expect this to occur if an assembly member was participating from Seattle because she was there on business. But if ors or more assembly members went to one of the outlying Borough villages to encourage participation by people there or otherwise, one would want to make sure that provisior was made for people there to participate as well. This suggests that participation by teleconference not be used as a "last minute" device, ut only after notice of where and when the teleconference will occur. Im our view, the various other options presented in the proposed ordinance are policy issues for the assembly and do not have legal constraints. Please let us know if you have additional questions or concems. Thank you for providing us this opportunity to comment. 7 Id at 1323. AGENDA ITEM #9.D. Ordinance No. FY2018-11 Amending Kodiak Island Borough Code ...Page 72 of 135 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2018-12 Amending Title 2 Administration And Personnel Chapter 2.30 Rules Of The Assembly Section 2.30.030 Types Of Meetings To Allow The Assembly To Set And Adopt Its Meeting Calendar For The Following Year By Resolution ORIGINATOR: Daniel Rohrer RECOMMENDATION: Move to adopt Ordinance No. FY2018-12. DISCUSSION: KIBC states when, where, and time when the assembly shall meet and there is a desire to amend the code to allow for flexibility when scheduling when and where meetings should be held as long as sufficient public notice is given. The Kodiak Island Borough complies with the Open Meetings Act and makes sure that reasonable public notices are going out for all meetings of the Assembly. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #9.E. Ordinance No. FY2018-12 Amending Title 2 Administration And ...Page 73 of 135 Kodiak Island Borough, Alaska Ordinance No. FY2018-12 Deletion – Red, Strikeout Page 1 of 2 Insertion – Bold, Blue, Underlined Version 2 Introduced by: KIB Assembly 1 Drafted by: Borough Mayor/Manager 2 Introduced on: 10/19/2017 3 Amended on: 10/19/2017 4 Public Hearing Date: 11/02/2017 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2018-12 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 11 TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.30 RULES OF THE ASSEMBLY 12 SECTION 2.30.030 TYPES OF MEETINGS TO ALLOW THE ASSEMBLY TO SET AND 13 ADOPT ITS MEETING CALENDAR FOR THE FOLLOWING YEAR BY RESOLUTION 14 15 WHEREAS, KIBC states when, where, and time when the assembly shall meet and there is a 16 desire to amend the code to allow for flexibility when scheduling when and where meetings 17 should be held as long as sufficient public notice is given; and 18 19 WHEREAS, there may be times that there are other suitable places to conduct the assembly 20 meetings; and 21 22 WHEREAS, it is beneficial to properly plan in advance for holidays and/or if it is determined 23 that a quorum will not be present to conduct business; and 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH THAT: 27 28 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 29 Kodiak Island Borough Code of Ordinances. 30 31 Section 2: That sections 2.30.030 of the Kodiak Island Borough Code of Ordinances is 32 amended to read as follows: 33 34 2.30.030 Types of meetings. 35 A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the 36 borough administration building, Kodiak, Alaska, and meetings are to commence at 6:30 p.m. 37 on the first and third Thursdays of each month, or such other time and place as may be 38 designated in the notice of the meeting. If the regular meeting day falls on a holiday or 39 holiday eve, then the Assembly may advance, postpone, or cancel the meeting as 40 necessary. When the lack of a quorum of the Assembly necessary for holding a meeting 41 occurs, or when there is little or no business to be considered at a scheduled regular 42 meeting, the Assembly may cancel such meeting and hear its business at the next 43 regular meeting. Public notice of changed meetings shall be made in at least one newspaper 44 of general circulation in the borough. Meetings shall adjourn at 10:30 p.m. unless the time is 45 VERSION 2 FROM ASSEMBLY MEMBER SKINNER AGENDA ITEM #9.E. Ordinance No. FY2018-12 Amending Title 2 Administration And ...Page 74 of 135 Kodiak Island Borough, Alaska Ordinance No. FY2018-12 Deletion – Red, Strikeout Page 2 of 2 Insertion – Bold, Blue, Underlined Version 2 extended by a majority of the votes to which the assembly is entitled. No meeting shall be 46 extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the 47 meeting shall be extended to set the time and place for resumption of the meeting. 48 49 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 50 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 51 52 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 53 THIS __________ DAY OF _______________, 2017. 54 55 KODIAK ISLAND BOROUGH ATTEST: 56 57 58 ___________________________ ___________________________ 59 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 60 61 VOTES: 62 Ayes: 63 Noes: 64 65 66 AGENDA ITEM #9.E. Ordinance No. FY2018-12 Amending Title 2 Administration And ...Page 75 of 135 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Election of the Deputy Presiding Officer. ORIGINATOR: Nova Javier RECOMMENDATION: Move to nominate _____________________ as Deputy Presiding Officer. DISCUSSION: Organization and deputy presiding officer. A. Organization. The assembly shall annually, at the November meeting, elect from its members a deputy presiding officer to serve at the assembly’s pleasure. B. Election of the deputy presiding officer of the assembly shall be in the following manner: 1. As the first order of new business, nominations for deputy presiding officer shall be opened. 2. Nominations may be made by any member of the assembly. 3. At the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one other person, tally the ballots. The clerk shall announce the results. 4. A majority vote of the assembly shall be required for election. 5. If no majority is cast for any candidate, the candidate or candidates with the fewest ballots shall be dropped from the list of candidates until there are two remaining and balloting shall continue until one candidate is elected. In case of an ultimate tie vote of the assembly, the mayor may vote. C. Deputy Presiding Officer. The deputy presiding officer shall preside as the chair at assembly meetings in the absence of the mayor. If at any meeting the deputy presiding officer is not present, or is unable to act, the senior assembly member present shall preside as the chair. It has been the practice that the Deputy Presiding Officer (DPO) attends agenda setting. The DPO may also be called upon to attend events in the absence of the Mayor. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #A.1. Election of the Deputy Presiding Officer.Page 76 of 135 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract FY 2018-13 Between Jere's Tree Service And Kodiak Island Borough For The Gathering Of Timber In The Chiniak Burn Area. ORIGINATOR: Maggie Slife RECOMMENDATION: Move to approve Contract FY2018-13 and refer the matter to the Manager to complete negotiations for the timber sale contract. DISCUSSION: Timber harvest and replanting efforts in the Chiniak Burn Area have been completed. The area has been open to the public for firewood gathering since July 29 2017, but a significant quantity of timber still remains on the parcel. Foresters estimate that wood not harvested within 2-3 years of the fire event will become waterlogged and rot in place. Originally Jere's Tree Service (JTS) approached KIB about the possibility of entering into this contract. According to KIB code, timber takes in excess of 250,000 board feet required a competitively let bidding process. KIB let an RFP in the last 3 weeks of August 2017. JTS responded to the RFP for commercial wood gathering on the parcel. Under this proposed contract, JTS may remove up to 2500 CY of chipped material in 2018-2020. They may also harvest firewood for commercial sales. ALTERNATIVES: Take No Action. FISCAL IMPACT: KIB to receive: $0 to $7,500 annually in revenue for chips. Firewood revenue dependent upon demand. OTHER INFORMATION: AGENDA ITEM #B.1. Contract FY 2018-13 Between Jere's Tree Service And Kodiak I...Page 77 of 135 Kodiak Island Borough Slash and Reject Timber Harvest Contract Page 1 of 9 KODIAK ISLAND BOROUGH CONTRACT NO. FY2018-13 Chiniak Slash Gathering SLASH AND REJECT TIMBER SALE CONTRACT NEGOTIATED SALE WITH JERE’S TREE SERVICE The Kodiak Island Borough (“SELLER” and “KIB”), under authority of KIB Code 18.70 and other applicable provisions of borough and state law, does hereby agree to sell, and Jere’s Tree Service (“PURCHASER” and “JTS”) does hereby agree to purchase timber as designated herein, subject to the following terms and conditions. This contract is effective as of November_______________ 2017 TABLE OF CONTENTS 1.SUMMARY OF AGREEMENT............................................................................................................................1 2.DEFINITIONS....................................................................................................................................................2 3.RESERVATIONS................................................................................................................................................2 4.RIGHTS OF ENTRY AND USE............................................................................................................................3 5.TERM OF CONTRACT.......................................................................................................................................3 6.TERMINATION.................................................................................................................................................3 7.PAYMENTS......................................................................................................................................................3 8.COMPLIANCE WITH LAWS AND OTHER REQUIREMENTS................................................................................3 9.OPERATIONS...................................................................................................................................................3 10.RISK MANAGEMENT....................................................................................................................................4 11.ENVIRONMENTAL COMPLIANCE, PROTECTION AND SAFETY.....................................................................5 12.INTERIM AND FINAL ACCOUNTING.............................................................................................................6 13.ASSIGNMENT OF CONTRACT.......................................................................................................................6 14.VALID EXISTING RIGHTS:..............................................................................................................................6 15.GENERAL PROVISIONS.................................................................................................................................6 ATTACHMENT APROPOSED ACCESS CONTROL.................................................................................................8 1.SUMMARY OF AGREEMENT The Kodiak Island Borough owns land in Chiniak, known as the Chiniak Burn Area. A-1 Timber completed logging operations on the parcel in 2017. Substantial amounts of logging slash, well-scatter, and rejected timber were left on the parcel. Jere’s Tree Service has a contract to furnish to 2500 cubic yards of chipped wood product annually to the City of Kodiak sludge composting facility. JTS also operates a small firewood-for-delivery service. This contract permits JTS to harvest slash, well-scatter, and reject timber for resale within the business operations of Jere’s Tree Service. This agreement is for three years. Fees are subject to re-negotiation as outlined in KIBC 18.70.050 AGENDA ITEM #B.1. Contract FY 2018-13 Between Jere's Tree Service And Kodiak I...Page 78 of 135 Kodiak Island Borough Slash and Reject Timber Harvest Contract Page 2 of 9 Quantity: Up to 2500 CY of chipped material annually for the City of Kodiak Compost, other quantities as needed. Price: $3/CY for wood chips. $15/Cord of firewood. These rates include severance tax. No further severance tax shall be applied. In consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the KIB and Jere’s Tree Service agree as follows: 2.DEFINITIONS Definitions shall include all terms defined by 11 AAC 71.910 Definitions and the following. If there is a conflict of definition, the regulations shall govern. A.“Construction Materials” includes rock, sand, gravel, logs used for road sub grade or bridge construction, and other construction materials located in the Chiniak Burn Area. B.“Environmental Contamination” means pollution resulting from the “release” [as that term is defined in AS 46.03.826(9)] of a “Hazardous Material.” C.“Hazardous Material” means hazardous substances or materials as defined in Alaska Statutes 46.03.826 and 46.08.900, in 42 U.S.C. § 9601-9657 (CERCLA), in 42 U.S.C. § 9601 (RCRA) and in 40 C.F.R. U.S.C. § 302, as such statutes and regulations may be amended from time to time, and any hazardous and toxic substance, material or waste which is or becomes regulated by any governmental authority. Without limiting the forgoing, “Hazardous Material” includes hydrocarbon fuels such as diesel oil and gasoline, and lubricating oil. D.“Laws” mean all applicable federal, state or local statutes, regulations, rules, ordinances or permits, orders, directives, and amendments thereto, in effect during the Term of this Contract and as they legally change over time. E.“PURCHASER” means the purchaser of timber, purchaser’s agent, employees, representatives, contractors, subcontractors or other individuals or entities operating on behalf of PURCHASER. F.“Roads” includes all roads, bridges, landings, culverts, and any other transportation facility PURCHASER is authorized to use or to construct pursuant to this Timber Sale Contract. G.“Slash” means all woody debris resulting from 2016-2017 Timber Operations. H.“Timber” means all slash, reject timber, and well-scatter within the Chiniak Burn Area. I.“KIB Land” means land owned by the Kodiak Island Borough, and interests and resources in the land, including improvements to the land. J.“Chiniak Burn Area” shall include all lands within the 732 acre parcel T30S R18W Section 5 and portion of 6 of the Chiniak Subdivision, known by KIB Property ID Number 18896. 3.RESERVATIONS AGENDA ITEM #B.1. Contract FY 2018-13 Between Jere's Tree Service And Kodiak I...Page 79 of 135 Kodiak Island Borough Slash and Reject Timber Harvest Contract Page 3 of 9 The KIB reserves the right to permit other compatible uses of the lands in the contract area which do not unduly impair JTS operations under this contract, as determined by the KIB. The KIB hereby reserves the right to use any road constructed by JTS under this contract for any and all purposes in connection with the protection and administration of KIB lands. 4.RIGHTS OF ENTRY AND USE During the term of this contract and to the extent it is legally authorized to do so, the KIB hereby grants to JTS the non-exclusive right to enter upon and use the Chiniak Burn Area and associated access routes across KIB land. The granted rights include the right to construct roads to and within the Chiniak Burn Area and to use Construction Materials within the burn area for necessary maintenance of existing roads within the tract. JTS may install and maintain one access-controlling gate for the purposes of reserving materials and preventing public entry into an active work zone. The gate shall be located at either of the locations outlined in Attachment A. 5.TERM OF CONTRACT The term of this contract shall commence upon the effective date and terminate December 31, 2020, or the date that all obligations under this contract have been completed, whichever is earlier. 6.TERMINATION This contract may be terminated by either party. Either party must give the other a minimum of 30 days’ notice to terminate this contract. This contract will not be terminated by KIB without just cause. This contract may be terminated immediately with mutual agreement between KIB and JTS. 7.PAYMENTS A.Purchase Price: $3/CY Chipped Material, $15/Cord of wood. Severance tax is included in these rates. B.Estimated Amount: 2500 CY Chipped Material. Cords of wood to be determined. C.Payment: JTS shall pay the KIB on a monthly basis for all slash and timber removed for KIB Property. 8.COMPLIANCE WITH LAWS AND OTHER REQUIREMENTS A.Compliance with Laws. JTS is required to conduct all operations in compliance with the state, federal, and municipal laws. B.Responsibility for Acquisition of Permits, Authorizations and Approvals. JTS is responsible for the acquisition of necessary permits, licenses, fees, and other regulatory approvals at its cost. 9.OPERATIONS A.Reforestation. JTS shall be responsible for replacing/restoring any replanted areas impacted by work done under this contract. Replanting of the entire Chiniak Burn Area was completed in July 2017. B.Roads. JTS shall provide culvert and road maintenance along their haul routes within the KIB parcel for the duration of this contract. JTS shall leave areas of impact within KIB lands in a neat and clean condition acceptable to the KIB. AGENDA ITEM #B.1. Contract FY 2018-13 Between Jere's Tree Service And Kodiak I...Page 80 of 135 Kodiak Island Borough Slash and Reject Timber Harvest Contract Page 4 of 9 C.KIB Inspections. The KIB and its representatives shall at all times have access to observe and inspect JTS operations. D.Fish Spawning Waters. All operations in connection with this contract adjacent to lakes, streams, or fish-bearing waters must be conducted so as to avoid stream silting and must not interfere with the passage of fish or injure the spawning grounds, in accordance with AS 41.17. E.Archeological Sites. If, during the course of operations, any physical remains of historic, archaeological, or paleontological nature are discovered, work in that immediate vicinity must cease and the KIB must be notified. The Alaskan Historic Preservation Act prohibits the appropriation, excavation, removal, injury, or destruction of any historic, prehistoric or archaeological resources of the State. F.Monuments and Markers. JTS must reasonably protect all known land survey monuments and witness trees and markers from damage or obliteration. JTS will be responsible to hire a licensed surveyor to replace/reestablish any monuments/markers destroyed or distressed as a result of their operations. G.JTS Right to Restrict Access. JTS may take reasonable measures to restrict access to parts of the Chiniak Burn Area (see Attachment A) that are necessary for safe and efficient operations. Reasonable measures include, but are not limited to, gating roads and limiting access to harvest areas. Access restrictions shall be coordinated with and agreed to by KIB. 10.RISK MANAGEMENT A.Insurance Requirements. JTS will maintain liability insurance in accordance with Article V of KIB contractor services agreements, as follows: ARTICLE V: Insurance Requirements where JTS shall be known as the “Contractor”: i.The Contractor shall provide evidence of insurance with an insurance carrier or carriers satisfactory to the Borough covering injury to persons and property suffered by the Borough or by a third party as a result of operations under this Contract by the Contractor or by any subcontractor. The Contractor's insurance shall provide protection against injuries to all employees of the Contractor and the employees of any subcontractor engaged in work under this contract. All insurance policies shall be issued by insurers that (i) are permitted to transact the business of insurance in the Borough under AS 21 and (ii) have a financial rating acceptable to the Borough. The Contractor shall notify the Borough, in writing, at least 60 days before cancellation of any coverage or reduction in any limits of liability. Additional insurance requirements specific to this contract are contained in the Special Provisions, when applicable. ii.The Contractor shall maintain the following policies of insurance with the specified minimum coverages and limits in force at all times during the performance of the Contract: a.Workers' Compensation: As required by AS 23.30.045, for all employees of the Contractor engaged in work under this Contract. The Contractor shall be responsible for Workers' Compensation Insurance for any subcontractor who performs work under this Contract. The coverage shall include: b.Waiver of subrogation against the Borough; c.Employer's Liability Protection at $500,000 each accident/each employee and $500,000 policy limit. AGENDA ITEM #B.1. Contract FY 2018-13 Between Jere's Tree Service And Kodiak I...Page 81 of 135 Kodiak Island Borough Slash and Reject Timber Harvest Contract Page 5 of 9 iii.Commercial General Liability: on an occurrence policy form covering all operations with combined single limits not less than: a.$1,000,000 Each Occurrence; b.$1,000,000 Personal Injury; c.$2,000,000 General Aggregate; and d.$2,000,000 Products-Completed Operations Aggregate. iv.Automobile Liability: covering all vehicles used in Contract work, with combined single limits not less than $1,000,000 each occurrence. v.Umbrella Coverage: for Contract amounts over $5,000,000 not less than $5,000,000 umbrella or excess liability. Umbrella or excess policy shall include products liability completed operations coverage and may be subject to $5,000,000 aggregate limits. Further, the umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. vi.The Borough shall be named as an additional insured on policies required by paragraphs 2 thru 4 above. All of the above insurance coverages shall be considered to be primary and noncontributory to any other insurance carried by the Borough, whether through self- insurance or otherwise. vii. Indemnification: the Contractor shall indemnify, save harmless, and defend the Borough and its agents and its employees from any and all claims or actions for injuries or damages sustained by any person or property arising directly or indirectly from the construction or the Contractor's performance of this Contract; however, this provision has no effect if, but only if, the sole proximate cause of the injury or damage is the Borough's gross negligence. 11.ENVIRONMENTAL COMPLIANCE, PROTECTION AND SAFETY A.Hazardous Materials. JTS must not cause or permit to be brought upon, stored or used in or about the Chiniak Burn Area, or the Roads by JTS, its agents, employees, contractors, or invitees, any Hazardous Materials without the prior written consent of the KIB, which will not be unreasonably withheld by the KIB so long as JTS demonstrates to the KIB’s satisfaction that such Hazardous Materials are reasonably necessary to JTS operations and will be used, kept, and stored in a manner that complies with all Laws regulating any such Hazardous Materials. B.Fuel Storage, Fueling, Maintenance and Spill Prevention. The KIB hereby consents that JTS may bring upon, and use necessary fuel, lubricating oil, hydraulic fluids, and anti-freeze substances in the Chiniak Burn Area and on the Roads during the Term of this Contract only to the extent such items are transported, used, and disposed of in a manner that complies with all Laws and the terms of this Contract. No fixed tank storage is allowed on the sale area. JTS must have adequate absorbent and cleanup materials on site and in all vehicles and machinery to contain spills related to fueling, maintenance and repair operations and damage likely to be sustained in the course of operations. Fuel storage facilities must not be placed within 100 feet of water bodies. Refueling of equipment must not occur on the active flood plain of a water body. C.Sanitation. The work area must be maintained in a clean and sanitary condition during the operations of JTS. Any foreign materials or wastes such as cans, bottles, barrels, garbage, equipment, equipment parts, or other debris resulting from this operation must be removed from the work area prior to release from this contract. D.Immediate Cleanup of Environmental Contamination. In the event JTS becomes aware of AGENDA ITEM #B.1. Contract FY 2018-13 Between Jere's Tree Service And Kodiak I...Page 82 of 135 Kodiak Island Borough Slash and Reject Timber Harvest Contract Page 6 of 9 any Environmental Contamination within the Timber Sale Area, JTS must immediately notify the KIB and the Alaska Department of Environmental Conservation. JTS shall comply with DEC recommended clean up methods at its sole expense when the contamination is a result of activities conducted under this contract. 12.INTERIM AND FINAL ACCOUNTING Upon the expiration of this Contract or within thirty (30) business days of the completion of all activities under this contract, there must be a final accounting between the parties. Within thirty (30) days after all calculations have been made and approved by both parties and final accounting and other inspections have been completed, all debts between the parties must be settled. Upon completion of all JTS obligations under this contract, the KIB will issue a notification releasing JTS from any further obligations under this contract including maintenance and restoration activities. Severance Tax under KIBC 3.45 shall be included in the fixed rate payments as shown in Section 7. 13.ASSIGNMENT OF CONTRACT This contract may not be assigned by JTS without written consent to such assignment first having been obtained from the KIB and the necessary amendment made to the contract. 14.VALID EXISTING RIGHTS: The rights granted to JTS under this Contract are subject to all valid existing rights in existence on the effective date whether or not made of record, including without limitation, easements, rights-of- way, reservations, or other interests in land. 15.GENERAL PROVISIONS A.Contractors. JTS shall notify the KIB in writing of all contractors and subcontractors engaged by JTS to perform work relating to this contract. JTS must require, by contract, all such contractors and subcontractors to abide by the terms and conditions of this contract, and JTS must provide them with relevant provisions of this contract. B.Delivery of Payments. All payments must be delivered to the KIB at: Kodiak Island Borough Attn: Finance Department 710 Mill Bay Road Kodiak, AK 99615 Please reference this contract number with your payment. Contract No. FY2018-13 C.Governing Law. This Agreement shall be governed by the laws of the State of Alaska. D. Effective Date. This contract must be approved by the KIB Assembly. Effective Date shall be upon Assembly approval of this contract. ACCEPTED FOR: SELLER:PURCHASER: KODIAK ISLAND BOROUGHJere’s Tree Service 710 Mill Bay Road2566 Devils Prongs Kodiak, Alaska 99615Kodiak, AK 99615 AGENDA ITEM #B.1. Contract FY 2018-13 Between Jere's Tree Service And Kodiak I...Page 83 of 135 Kodiak Island Borough Slash and Reject Timber Harvest Contract Page 7 of 9 KODIAK ISLAND BOROUGHJERE’S TREE SERVICE By:By: Michael Powers Jeremiah Olsen Title: Manager Title: Owner STATE OF ALASKA THIRD JUDICIAL DISTRICT Ss. The Foregoing Instrument was acknowledged before me, of and on behalf of the Corporation on this day of , 2017, by SUBSCRIBED AND SWORN TO this _____ day of ______________2017 Notary in and for the State of ALASKA My commission expires: STATE OF ALASKA THIRD JUDICIAL DISTRICT Ss. The Foregoing Instrument was acknowledged before me, of and on behalf of the Corporation on this day of , 2017, by SUBSCRIBED AND SWORN TO this _____ day of ______________2017 Notary in and for the State of ALASKA My commission expires: AGENDA ITEM #B.1. Contract FY 2018-13 Between Jere's Tree Service And Kodiak I...Page 84 of 135 Kodiak Island Borough Slash and Reject Timber Harvest Contract Page 8 of 9 ATTACHMENT APROPOSED ACCESS CONTROL Figure 1. Access Control Gate Options AGENDA ITEM #B.1. Contract FY 2018-13 Between Jere's Tree Service And Kodiak I...Page 85 of 135 Kodiak Island Borough Slash and Reject Timber Harvest Contract Page 9 of 9 Figure 2. Proposed Gate Area 1 Figure 3. Proposed Gate Area 2 AGENDA ITEM #B.1. Contract FY 2018-13 Between Jere's Tree Service And Kodiak I...Page 86 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-12 Page 1 of 5 Introduced by: Manager Powers 1 Drafted by: Special Projects Support 2 Introduced on: 11/02/2017 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2018-12 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH IDENTIFYING 9 FEDERAL PROGRAM PRIORITIES AND A CAPITAL IMPROVEMENT PROGRAM FOR 10 FEDERAL FISCAL YEAR 2018 11 12 WHEREAS, the Alaska Congressional Delegation has requested the views of the Kodiak 13 Island Borough on which federal programs should be considered priorities for rural Alaskan 14 communities and their residents.; and 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 17 BOROUGH that the Kodiak Island Borough’s views and recommendations on priority federal 18 programs are as follows: 19 20 1. Groundfish Surveys: Groundfish Surveys in the Gulf of Alaska are funded through a 21 line item in NMFS’s budget called Fisheries Data Collections, Surveys and Assessments. The 22 President’s FY 2018 budget request recommends a 6 percent reduction in funding for this 23 account. This line item funds critical data collection, fish stock assessments and longstanding 24 fishery surveys nationally. For Alaska, the surveys include the Alaska crab fisheries; Gulf of 25 Alaska and Bering Sea pollock and groundfish, rockfish, halibut, and sablefish. The North 26 Pacific Fishery Management Council and NMFS rely upon these fishery surveys to determine 27 annual catch limits and monitor the health of these stocks. Last year, we faced the prospect of 28 NMFS considering a reduction in the number, the spatial extent and the consistency of the 29 winter and summer groundfish surveys occurring in the Gulf of Alaska. Over time, a reduction in 30 these surveys could have negatively affected Kodiak fishermen and processors through 31 cutbacks in annual groundfish quotas due to insufficient stock assessment data. The Kodiak 32 Island Borough recommends that the Alaska Delegation support the Fisheries Data Collections, 33 Surveys and Assessments line item at the Fiscal Year 2017 appropriated level of $164 million 34 and to maintain oversight of NMFS’s survey activity in the Gulf of Alaska to ensure continued 35 and regular winter and summer groundfish surveys. 36 37 2. Homeporting Coast Guard Vessels: The Kodiak Island Borough would like to 38 emphasize that Kodiak remains the ideal location for the deployment of National Response 39 Cutters and Offshore Patrol Cutters, and the clustering of Fast Response Cutters. Kodiak sits at 40 the crossroads of one of the largest fisheries in the world as well as some of the busiest 41 shipping lanes in U.S. waters. Kodiak offers unmatched geographic advantage for timely 42 mission response and deployment to the myriad of marine incidents in the Alaska area of 43 operation. The Borough recognizes that Kodiak Island also presents unique mission support 44 challenges such as a constraint on housing and mooring facilities. The Borough stands ready to 45 AGENDA ITEM #C.1. Resolution No. FY2018-12 Identifying Federal Program Priorit...Page 87 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-12 Page 2 of 5 work with the Coast Guard in whatever way possible to keep this location ideal for capital asset 46 placement. Earlier this year, the Coast Guard provided Congress information on its latest 47 vessels acquisition and deployment plans in the region. It has assigned two Offshore Patrol 48 Cutters (360 ft.) to the Kodiak Coast Guard Base, with delivery expected to be in the 2022-23 49 timeframe. The agency intends to deploy and homeport six 154’ Fast Response Cutters (FRC) 50 in the Gulf of Alaska to be used for search & rescue, coastal patrol, drug interdiction, and fishery 51 enforcement, with the first two vessels already assigned. The Coast Guard has not yet made a 52 homeport decision on the remaining four FRCs, but a decision is likely by the end of this year. 53 The Kodiak Coast Guard Base is a candidate for homeporting two FRCs. We request that the 54 Delegation continue to actively monitor the Coast Guard’s planning process for future 55 deployment of new assets in the Arctic and promote Kodiak as a homeport for these new vessel 56 classes. 57 58 The Kodiak Island Borough stands ready to work with the Coast Guard in whatever way 59 possible to keep this location ideal for capital asset placement and to obtain federal impact aid 60 funding to support a greater Coast Guard presence in Kodiak. 61 62 3. Pink Salmon Disaster Assistance: The Borough strongly supports efforts by the 63 Alaska Delegation to secure Federal fishery disaster assistance due to the major decline in pink 64 salmon harvest and abundance last year. The Governor of Alaska has submitted a disaster 65 request to the Delegation and the Secretary of Commerce earlier this year formally declared a 66 fishery disaster in accordance with the procedures of the Magnusson-Stevens Fishery 67 Management And Conservation Act. Pink salmon are an important commercial species for 68 Kodiak fishermen and processors. A recent analysis by ADF&G shows that average ex-vessel 69 value annual landings were $16.8 million for the Kodiak Management Area in the five harvest 70 years prior to 2016, with a high of $28.8 million in 2012. In 2016, landings value dropped to 71 $3.2 million, an 81 percent decline and one of the largest decreases in the State. This request 72 affirms a separate resolution considered and passed by the Borough in February. 73 74 4. Payment-In-Lieu-of-Taxes (PILT): There are over 2.8 million acres removed by the 75 Federal Government from taxation within the boundaries of the Kodiak Island Borough. This is 76 land that would otherwise be available to the private sector to develop, creating jobs for the 77 residents of Kodiak and the rural Kodiak Island communities. This in turn would create tax 78 revenues for the Kodiak Island Borough. PILT was enacted by Congress to help offset the loss 79 of revenues to municipal entities caused by federal land withdrawals within local government 80 boundaries. The KIB uses these funds to provide basic social services, including medical 81 facilities, emergency fire and rescue services, roads, and schools. The President’s budget 82 request proposes a 12 percent cut in PILT funding for FY 2018. Kodiak Island Borough 83 opposes this reduction and supports full funding of PILT at its existing level of $465 million. 84 85 5. Refuge Revenue Sharing: The National Wildlife Refuge Fund is a critical source of 86 replacement revenue to communities like ours that have the presence of a large Federal wildlife 87 refuge within their boundaries. That presence removes substantial amounts of property from the 88 local property tax base. The share we receive from the Fund is based on a formula that partially 89 compensates us for our tax losses due to the existence of the Kodiak National Wildlife Refuge. 90 AGENDA ITEM #C.1. Resolution No. FY2018-12 Identifying Federal Program Priorit...Page 88 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-12 Page 3 of 5 The Refuge is over 1.9 million acres in size and therefore has permanently removed from 91 private ownership, development and taxation over half the property on the island. The 92 President’s FY 2018 budget request proposes to eliminate Federal appropriations for this 93 important program. The Kodiak Island Borough opposes this termination of funding and is 94 seeking the Alaska Delegation’s assistance in providing level funding for this coming fiscal year. 95 96 6. EPA’s Fishing Vessel Discharge Rule: EPA has promulgated two rules to require 97 commercial fishermen to obtain Clean Water Act incidental discharge permits as a condition for 98 operating both small and large fishing vessels. The permits would cover ballast water, fish hold 99 water, anchor chain mud, deck wash/runoff, bilge pump discharge, gray or “stick” water, 100 laundry, shower, and galley sink water. The permits require burdensome reporting, monitoring, 101 inspections and compliance activities – all subject to heavy fines and citizen lawsuits under the 102 Clean Water Act for what seems to be minimal environmental protection. The Congress has 103 imposed a three year moratorium preventing EPA from implementing the Small Vessel General 104 Permit Rule and the Vessel General Permit Rule. The moratorium is set to expire on December 105 19th later this year. Legislation is pending in the House and Senate that would make the 106 moratorium permanent. The Kodiak Island Borough is requesting that the Alaska Delegation 107 actively support a permanent moratorium. 108 109 7. Essential Air Service & Air Traffic Control Privatization: The President’s FY 2018 110 budget request recommends terminating appropriations for the Essential Air Service (EAS) 111 program. Like many rural communities in Alaska and elsewhere in the nation, providing air 112 service to Kodiak is expensive. EAS ensures that the Borough’s communities receive regular 113 air service. Without it, air carriers would either raise ticket prices above their already high levels 114 or discontinue service altogether. We thank the Delegation for its support of EAS over the years 115 and urge the restoration of EAS funding in the FY 2018 appropriations process. Secondly, we 116 understand that the House is again considering legislation to reauthorize the FAA that includes 117 formation of a privatized Air Traffic Control Services Corporation. As we noted in our 2016 118 Federal priorities resolution, privatization of air traffic control operations through the creation of a 119 new corporate entity would subject rural airport NAVAIDs, personnel, and safety equipment to a 120 business model, cost-benefit test which is unlikely to fare well compared to busier, more urban 121 or major hub airports. Furthermore, the new corporate entity has the flexibility to raise air carrier 122 and cargo user fees and could price rural air service providers out of the market which it might 123 choose to do if those airports are determined to be “not profitable.” The Borough urges the 124 Delegation to oppose these provisions and the legislation in its current form. 125 126 8. U.S. Navy Arctic Presence: The U.S. National Strategy for the Arctic has been 127 evolving. The current Arctic Roadmap adopted by the Chief of Naval Operations sets out four 128 strategic objectives: (1) Ensuring sovereignty of the United States’ Arctic region; (2) Providing 129 ready naval forces to respond to crises and contingencies; (3) Preserving freedom of 130 navigation; and (4) Promoting partnerships within the U.S. government and its international 131 allies and partners. The Kodiak Island Borough understands that the Department of the Navy 132 is currently conducting a study about whether the achievement of these objectives merits a 133 greater Naval presence in Alaska. The Borough Assembly believes achievement of the 134 National Strategy must include a larger Navy presence, including the establishment of Navy 135 AGENDA ITEM #C.1. Resolution No. FY2018-12 Identifying Federal Program Priorit...Page 89 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-12 Page 4 of 5 ports-of-call in strategically located Alaskan coastal communities and possibly a full-time Navy 136 base. Kodiak is ideally situated to serve both as a port-of -call for logistics movements and 137 Rest-and-Recreation for deployed sailors. Additionally, the Coast Guard maintains a deep 138 water port at Womens Bay. There is sufficient land adjacent to the Coast Guard Base which 139 could be used for an expanded full-time Navy presence. The Assembly requests that the 140 Alaska Congressional Delegation keep Kodiak in mind during any discussion with the Defense 141 Department regarding the expansion of the Navy into Alaska. 142 143 9. Upper Hidden Basin Diversion Power Project -- The Upper Hidden Basin Diversion 144 project will connect an additional water source to Kodiak Electric Association’s existing Terror 145 Lake Hydroelectric Facility, which is Kodiak’s primary source of power. The new diversion 146 consists of two small diversion dams on two small upland streams. Surface water from the 147 diversion dam on the eastern stream would flow through a half-mile long underground pipe to 148 the diversion dam on the western stream. From there, surface water from both diversion dams 149 would flow by gravity through a 1.2 mile long tunnel under a mountain ridge to Terror Lake. The 150 project also includes a four mile long spur road off of an existing road to provide access for 151 constructing and maintaining the new diversion. Once the additional water from the Upper 152 Hidden Basin area reaches Terror Lake, additional power can be produced with existing 153 equipment already in operation at the Terror Lake Hydroelectric Project. No changes are 154 needed to the existing Terror Lake dam, penstock, powerhouse, or transmission line. No new 155 turbines or other equipment will be needed. The Upper Hidden Basin Diversion will simply 156 optimize this existing power generation infrastructure, resulting in a more enhanced and efficient 157 use of a local facility. 158 159 The Upper Hidden Basin Diversion Project will add 33 million additional kilowatt-hours of energy 160 to KEA’s isolated electric grid. Kodiak’s only other alternative to meeting Kodiak’s power needs 161 is with diesel oil. Diesel power costs over four times more than hydropower, is dependent on 162 fuel barge shipments from outside refineries, and is subject to strict oil storage and air quality 163 regulations. The supply of water from Upper Hidden Basin Diversion can generate the same 164 amount of power as 2.2 million gallons of diesel per year and avoid 540 tons of nitrogen oxide 165 and 25,500 tons of greenhouse gas pollution annually by displacing diesel for power, light, and 166 heat. Local hydropower is a clean, long-term fixed-cost asset that remains independent of fuel 167 supply, price volatility or pollution liabilities. Hydropower provides the lowest cost of power in 168 Kodiak and makes Kodiak energy independent and energy secure. 169 170 171 10. Anton Larsen Bay Road Extension -- An extension of the Anton Larsen Bay Road to 172 ice free waters will provide year around access to those communities located in the Kupreanof 173 Strait as well as those who use the island’s west side for commercial and recreational purposes. 174 Extending the road to ice free waters makes traveling safer, providing access to critical services 175 located in the City of Kodiak, including hospitals and businesses. The Ouznikie Native 176 Corporation has agreed through its subsidiary, the Spruce Island Development Corporation, to 177 provide $450,000 toward the project and to donate land to the State for the road’s right of way. 178 The Sun’aq Tribe of Kodiak is separately seeking Federal funding to contribute to the project. 179 Total project cost is $8 million. We understand at some point in this Congress, there will be 180 AGENDA ITEM #C.1. Resolution No. FY2018-12 Identifying Federal Program Priorit...Page 90 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-12 Page 5 of 5 consideration of an infrastructure investment package. We are submitting this request should 181 there be inclusion of specific projects in the legislation and for the Delegation to highlight the 182 need for adequate funding in the package for rural infrastructure needs. 183 184 BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 185 that the Kodiak Island Borough administration is hereby instructed to advise Congress and the 186 appropriate agencies of the United States Federal Government of the Capital Improvement 187 Program and priorities adopted by the Kodiak Island Borough Assembly. 188 189 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 190 THIS __________ DAY OF _______________, 2017. 191 192 KODIAK ISLAND BOROUGH ATTEST: 193 194 195 ___________________________ ___________________________ 196 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 197 198 VOTES: 199 Ayes: 200 Noes: 201 202 203 AGENDA ITEM #C.1. Resolution No. FY2018-12 Identifying Federal Program Priorit...Page 91 of 135 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2018-12 Identifying Federal Program Priorities And A Capital Improvement Program For The Federal Fiscal Year 2018. ORIGINATOR: Meagan Christiansen RECOMMENDATION: Move to adopt Resolution No. FY2018-12. DISCUSSION: This resolution identifies the Borough’s federal legislative funding priorities and CIP for federal fiscal year 2018. The Borough forwards this list to our congressional delegation and lobbyist in hopes of having the federal government provide part or all of the funding needed to complete the projects and support the programs that have been identified as priorities in our community.The Borough's federal lobbying team have reviewed this resolution and have included their suggested changes within the resolution. ALTERNATIVES: no action FISCAL IMPACT: n/a OTHER INFORMATION: AGENDA ITEM #C.1. Resolution No. FY2018-12 Identifying Federal Program Priorit...Page 92 of 135 Kodiak Island Borough, AlaskaResolution No. FY2018-12 Page 1 of 5 1 Introduced by: Manager Powers 2 Drafted by: Special Projects Support 3 Introduced on: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2018-12 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH IDENTIFYING 10 FEDERAL PROGRAM PRIORITIES AND A CAPITAL IMPROVEMENT PROGRAM FOR 11 FEDERAL FISCAL YEAR 2018 12 13 WHEREAS, the Alaska Congressional Delegation has requested the views of the Kodiak 14 Island Borough on which federal programs should be considered priorities for rural Alaskan 15 communities and their residents.; and 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 18 BOROUGH that the Kodiak Island Borough’s views and recommendations on priority federal 19 programs are as follows: 20 21 1.Groundfish Surveys: Groundfish Surveys in the Gulf of Alaska are funded through a 22 line item in NMFS’s budget called Fisheries Data Collections, Surveys and Assessments. The 23 President’s FY 2018 budget request recommends a 6 percent reduction in funding for this 24 account. This line item funds critical data collection, fish stock assessments and longstanding 25 fishery surveys nationally. For Alaska, the surveys include the Alaska crab fisheries; Gulf of 26 Alaska and Bering Sea pollock and groundfish, rockfish, halibut, and sablefish. The North 27 Pacific Fishery Management Council and NMFS rely upon these fishery surveys to determine 28 annual catch limits and monitor the health of these stocks. Last year, we faced the prospect of 29 NMFS considering a reduction in the number, the spatial extent and the consistency of the 30 winter and summer groundfish surveys occurring in the Gulf of Alaska. Over time, a reduction in 31 these surveys could have negatively affected Kodiak fishermen and processors through 32 cutbacks in annual groundfish quotas due to insufficient stock assessment data. The Kodiak 33 Island Borough recommends that the Alaska Delegation support the Fisheries Data Collections, 34 Surveys and Assessments line item at the Fiscal Year 2017 appropriated level of $164 million 35 and to maintain oversight of NMFS’s survey activity in the Gulf of Alaska to ensure continued 36 and regular winter and summer groundfish surveys. 37 38 2.Homeporting Coast Guard Vessels: The Kodiak Island Borough would like to 39 emphasize that Kodiak remains the ideal location for the deployment of National Response 40 Cutters and Offshore Patrol Cutters, and the clustering of Fast Response Cutters. Kodiak sits at 41 the crossroads of one of the largest fisheries in the world as well as some of the busiest 42 shipping lanes in U.S. waters. Kodiak offers unmatched geographic advantage for timely 43 mission response and deployment to the myriad of marine incidents in the Alaska area of 44 operation. The Borough recognizes that Kodiak Island also presents unique mission support 45 challenges such as a constraint on housing and mooring facilities. The Borough stands ready to AGENDA ITEM #C.1. Resolution No. FY2018-12 Identifying Federal Program Priorit...Page 93 of 135 Kodiak Island Borough, AlaskaResolution No. FY2018-12 Page 2 of 5 46 work with the Coast Guard in whatever way possible to keep this location ideal for capital asset 47 placement. Earlier this year, the Coast Guard provided Congress information on its latest 48 vessels acquisition and deployment plans in the region. It has assigned two Offshore Patrol 49 Cutters (360 ft.) to the Kodiak Coast Guard Base, with delivery expected to be in the 2022-23 50 timeframe. The agency intends to deploy and homeport six 154’ Fast Response Cutters (FRC) 51 in the Gulf of Alaska to be used for search & rescue, coastal patrol, drug interdiction, and fishery 52 enforcement, with the first two vessels already assigned. The Coast Guard has not yet made a 53 homeport decision on the remaining four FRCs, but a decision is likely by the end of this year. 54 The Kodiak Coast Guard Base is a candidate for homeporting two FRCs. We request that the 55 Delegation continue to actively monitor the Coast Guard’s planning process for future 56 deployment of new assets in the Arctic and promote Kodiak as a homeport for these new vessel 57 classes. 58 59 3.Pink Salmon Disaster Assistance: The Borough strongly supports efforts by the 60 Alaska Delegation to secure Federal fishery disaster assistance due to the major decline in pink 61 salmon harvest and abundance last year. The Governor of Alaska has submitted a disaster 62 request to the Delegation and the Secretary of Commerce earlier this year formally declared a 63 fishery disaster in accordance with the procedures of the Magnusson-Stevens Fishery 64 Management And Conservation Act. Pink salmon are an important commercial species for 65 Kodiak fishermen and processors. A recent analysis by ADF&G shows that average ex-vessel 66 value annual landings were $16.8 million for the Kodiak Management Area in the five harvest 67 years prior to 2016, with a high of $28.8 million in 2012. In 2016, landings value dropped to 68 $3.2 million, an 81 percent decline and one of the largest decreases in the State. This request 69 affirms a separate resolution considered and passed by the Borough in February. 70 71 4.Payment-In-Lieu-of-Taxes (PILT): There are over 2.8 million acres removed by the 72 Federal Government from taxation within the boundaries of the Kodiak Island Borough. This is 73 land that would otherwise be available to the private sector to develop, creating jobs for the 74 residents of Kodiak and the rural Kodiak Island communities. This in turn would create tax 75 revenues for the Kodiak Island Borough. PILT was enacted by Congress to help offset the loss 76 of revenues to municipal entities caused by federal land withdrawals within local government 77 boundaries. The KIB uses these funds to provide basic social services, including medical 78 facilities, emergency fire and rescue services, roads, and schools. The President’s budget 79 request proposes a 12 percent cut in PILT funding for FY 2018. Kodiak Island Borough 80 opposes this reduction and supports full funding of PILT at its existing level of $465 million. 81 82 5.Refuge Revenue Sharing: The National Wildlife Refuge Fund is a critical source of 83 replacement revenue to communities like ours that have the presence of a large Federal wildlife 84 refuge within their boundaries. That presence removes substantial amounts of property from the 85 local property tax base. The share we receive from the Fund is based on a formula that partially 86 compensates us for our tax losses due to the existence of the Kodiak National Wildlife Refuge. 87 The Refuge is over 1.9 million acres in size and therefore has permanently removed from 88 private ownership, development and taxation over half the property on the island. The 89 President’s FY 2018 budget request proposes to eliminate Federal appropriations for this AGENDA ITEM #C.1. Resolution No. FY2018-12 Identifying Federal Program Priorit...Page 94 of 135 Kodiak Island Borough, AlaskaResolution No. FY2018-12 Page 3 of 5 90 important program. The Kodiak Island Borough opposes this termination of funding and is 91 seeking the Alaska Delegation’s assistance in providing level funding for this coming fiscal year. 92 93 6.EPA’s Fishing Vessel Discharge Rule: EPA has promulgated two rules to require 94 commercial fishermen to obtain Clean Water Act incidental discharge permits as a condition for 95 operating both small and large fishing vessels. The permits would cover ballast water, fish hold 96 water, anchor chain mud, deck wash/runoff, bilge pump discharge, gray or “stick” water, 97 laundry, shower, and galley sink water. The permits require burdensome reporting, monitoring, 98 inspections and compliance activities – all subject to heavy fines and citizen lawsuits under the 99 Clean Water Act for what seems to be minimal environmental protection. The Congress has 100 imposed a three year moratorium preventing EPA from implementing the Small Vessel General 101 Permit Rule and the Vessel General Permit Rule. The moratorium is set to expire on December 102 19th later this year. Legislation is pending in the House and Senate that would make the 103 moratorium permanent. The Kodiak Island Borough is requesting that the Alaska Delegation 104 actively support a permanent moratorium. 105 106 7.Essential Air Service & Air Traffic Control Privatization – The President’s FY 2018 107 budget request recommends terminating appropriations for the Essential Air Service (EAS) 108 program. Like many rural communities in Alaska and elsewhere in the nation, providing air 109 service to Kodiak is expensive. EAS ensures that the Borough’s communities receive regular 110 air service. Without it, air carriers would either raise ticket prices above their already high levels 111 or discontinue service altogether. We thank the Delegation for its support of EAS over the years 112 and urge the restoration of EAS funding in the FY 2018 appropriations process. Secondly, we 113 understand that the House is again considering legislation to reauthorize the FAA that includes 114 formation of a privatized Air Traffic Control Services Corporation. As we noted in our 2016 115 Federal priorities resolution, privatization of air traffic control operations through the creation of a 116 new corporate entity would subject rural airport NAVAIDs, personnel, and safety equipment to a 117 business model, cost-benefit test which is unlikely to fare well compared to busier, more urban 118 or major hub airports. Furthermore, the new corporate entity has the flexibility to raise air carrier 119 and cargo user fees and could price rural air service providers out of the market which it might 120 choose to do if those airports are determined to be “not profitable.” The Borough urges the 121 Delegation to oppose these provisions and the legislation in its current form. 122 123 8. Upper Hidden Basin Diversion Power Project -- The Upper Hidden Basin Diversion 124 project will connect an additional water source to Kodiak Electric Association’s existing Terror 125 Lake Hydroelectric Facility, which is Kodiak’s primary source of power. The new diversion 126 consists of two small diversion dams on two small upland streams. Surface water from the 127 diversion dam on the eastern stream would flow through a half-mile long underground pipe to 128 the diversion dam on the western stream. From there, surface water from both diversion dams 129 would flow by gravity through a 1.2 mile long tunnel under a mountain ridge to Terror Lake. The 130 project also includes a four mile long spur road off of an existing road to provide access for 131 constructing and maintaining the new diversion. Once the additional water from the Upper 132 Hidden Basin area reaches Terror Lake, additional power can be produced with existing 133 equipment already in operation at the Terror Lake Hydroelectric Project. No changes are 134 needed to the existing Terror Lake dam, penstock, powerhouse, or transmission line. No new AGENDA ITEM #C.1. Resolution No. FY2018-12 Identifying Federal Program Priorit...Page 95 of 135 Kodiak Island Borough, AlaskaResolution No. FY2018-12 Page 4 of 5 135 turbines or other equipment will be needed. The Upper Hidden Basin Diversion will simply 136 optimize this existing power generation infrastructure, resulting in a more enhanced and efficient 137 use of a local facility. 138 139 The Upper Hidden Basin Diversion Project will add 33 million additional kilowatt-hours of energy 140 to KEA’s isolated electric grid. Kodiak’s only other alternative to meeting Kodiak’s power needs 141 is with diesel oil. Diesel power costs over four times more than hydropower, is dependent on 142 fuel barge shipments from outside refineries, and is subject to strict oil storage and air quality 143 regulations. The supply of water from Upper Hidden Basin Diversion can generate the same 144 amount of power as 2.2 million gallons of diesel per year and avoid 540 tons of nitrogen oxide 145 and 25,500 tons of greenhouse gas pollution annually by displacing diesel for power, light, and 146 heat. Local hydropower is a clean, long-term fixed-cost asset that remains independent of fuel 147 supply, price volatility or pollution liabilities. Hydropower provides the lowest cost of power in 148 Kodiak and makes Kodiak energy independent and energy secure. 149 150 151 Anton Larsen Bay Road Extension -- An extension of the Anton Larsen Bay Road to ice free 152 waters will provide year around access to those communities located in the Kupreanof Strait as 153 well as those who use the island’s west side for commercial and recreational purposes. 154 Extending the road to ice free waters makes traveling safer, providing access to critical services 155 located in the City of Kodiak, including hospitals and businesses. The Ouznikie Native 156 Corporation has agreed through its subsidiary, the Spruce Island Development Corporation, to 157 provide $450,000 toward the project and to donate land to the State for the road’s right of way. 158 The Sun’aq Tribe of Kodiak is separately seeking Federal funding to contribute to the project. 159 Total project cost is $8 million. We understand at some point in this Congress, there will be 160 consideration of an infrastructure investment package. We are submitting this request should 161 there be inclusion of specific projects in the legislation and for the Delegation to highlight the 162 need for adequate funding in the package for rural infrastructure needs. 163 164 BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 165 that the Kodiak Island Borough administration is hereby instructed to advise Congress and the 166 appropriate agencies of the United States Federal Government of the Capital Improvement 167 Program and priorities adopted by the Kodiak Island Borough Assembly. 168 169 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 170 THIS __________ DAY OF _______________, 2017. 171 172 KODIAK ISLAND BOROUGHATTEST: 173 174 175 ______________________________________________________ 176 Daniel A. Rohrer, MayorNova M. Javier, MMC, Clerk 177 178 VOTES: 179 Ayes: AGENDA ITEM #C.1. Resolution No. FY2018-12 Identifying Federal Program Priorit...Page 96 of 135 Kodiak Island Borough, AlaskaResolution No. FY2018-12 Page 5 of 5 180 Noes: 181 182 AGENDA ITEM #C.1. Resolution No. FY2018-12 Identifying Federal Program Priorit...Page 97 of 135 1 Meagan Christiansen From:Tina Fairbanks <kraa.fairbanks@gci.net> Sent:Monday, October 09, 2017 8:26 AM To:Meagan Christiansen Subject:RE: Karluk Lake Enrichment Project Hi Meagan, My apologies on the delayed response. I’ve provided some periodic updates to the Joint Fisheries Workgroup over the last couple of years, but not specifically to the Assembly. The pursuit of an Enrichment program for Karluk Lake was effectively halted with the USFWS/KNWR decision of “no action” with regard to the EA produced for Karluk Lake Enrichment. The EA process produced a “finding of no significant impact” for enrichment, which speaks to the fact that the enrichment process would not have negative impacts; however, the choice of no action by the USFWS left KRAA without 1 significant document in the pursuit of the conclusion of this chapter: a compatibility determination. For each authorized activity on the Refuge, there typically exists a document called a Compatibility Determination. A decision of no action meant that the Refuge was not required to produce this document. The lack of a document stating that lake enrichment either is or is not compatible with the purposes of the Refuge leaves the process essentially incomplete from KRAA’s standpoint. It means that should there be an need for Lake enrichment in the future, KRAA would be required to repeat the EA process in full rather than reference a compatibility document and apply for a permit. Senator Murkowski has been pursuing means to encourage the Refuge to produce a Compatibility Determination in despite the fact that no permit was issued for Lake Enrichment through the EA process. As you may know, the City‐Borough lobbyist, Brad Gilman, has periodically discussed the issue of lack of compatibility determination with the Senator. He has then provided updates to Kodiak Officials and has included KRAA. When last there was discussion of the potential for a Compatibility Determination for Lake Enrichment, Mr. Gilman indicated the Senator intended to include language in an appropriations bill which would require one be produced. When I reviewed that bill, I didn’t not find that language. I suspect it was cut as other Senators had the opportunity to review and bargain for interests in their own areas. That is the long answer to your question. In short, KRAA is not actively pursuing an active enrichment program at this time. We continue to monitor the health of sockeye salmon nursery systems throughout the Kodiak Archipelago—both on and off the Refuge. Should there be an indication that a system is on the verge of collapse, KRAA’s hands are still tied. Given the delays and difficulties experienced in the last EA process as well as the lack of a Compatibility Determination, it is unlikely we would be able to pursue Enrichment should the need, at Karluk or elsewhere, present itself once again. Thanks for your inquiry. I hope this information will be helpful to the discussions of the Assembly. Tina Fairbanks Executive Director Kodiak Regional Aquaculture Association 907‐486‐6555 kraa@gci.net kraa.fairbanks@gci.net AGENDA ITEM #C.1. Resolution No. FY2018-12 Identifying Federal Program Priorit...Page 98 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-16 Page 1 of 4 Introduced by: Borough Manager 1 Drafted by: Special Projects Support 2 Introduced on: 11/02/2017 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2018-16 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A 9 STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 10 2018 LEGISLATIVE SESSION 11 12 WHEREAS, the Kodiak Island Borough represents approximately 14,000 residents of the 13 Kodiak Island Archipelago living in six incorporated cities and one community governed by a 14 tribal council government; and 15 16 WHEREAS, a Borough–wide capital improvement program has been adopted by the Kodiak 17 Island Borough Planning & Zoning Commission which identifies major needs of the island 18 community for the next five years; and 19 20 WHEREAS, the Kodiak Island Borough Assembly has reviewed the borough-wide capital 21 improvement program adopted by the Planning & Zoning Commission and identified major 22 projects to submit to the Alaska Governor and State Legislative Delegation for funding 23 consideration; and 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH THAT: 27 28 Section 1: The Kodiak Island Borough’s State Legislative capital improvement project 29 priorities for the 2018 legislative session are as follows: 30 31 32 1. Safe Pedestrian Access to Kodiak Schools 33 Estimated Project Cost $1,300,000 34 State Funding Request $1,300,000 35 36 Poor visibility of crosswalks in school zones is a safety hazard! Local weather and traffic 37 degrade the paint on crosswalks; and pedestrians waiting to cross are often difficult to see 38 due to the long season of dark days, inclement weather, and busy traffic at popular 39 intersections. 40 41 Rezanof Drive is a state owned roadway and is the main road through the City of Kodiak. 42 Pedestrians needing to cross this road to access schools that include Kodiak Middle School, 43 Main Elementary School, East Elementary School and Kodiak College must wait for a break 44 in traffic or for motorists to notice their intent to cross and stop to allow the crossing. The 45 AGENDA ITEM #C.2. Resolution No. FY2018-16 Adopting A State Legislative Capita...Page 99 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-16 Page 2 of 4 Kodiak Island Borough is requesting funding for AKDOT to purchase and install lighted 46 automated crosswalks at intersections of Rezanof Drive and Powell Street, and Rezanof 47 Drive and Benny Benson Street to increase pedestrian safety near schools located along 48 Rezanof Drive. 49 50 2. Safe Pathways to North Star Elementary School 51 Estimated Project Cost $1,500,000 52 State Funding Request $1,500,000 53 54 Northstar Elementary School is located on a hill amongst several residential neighborhoods. 55 Many roads connecting the neighborhoods around the school are narrow, steep, and 56 winding dirt roads without sidewalks or separated pathways to keep pedestrians safe from 57 vehicular traffic. The Kodiak Safe Routes to Schools Plan (2013) describes a need for 58 separated pathways or trails to connect the residential neighborhoods to the school. This 59 project would provide separated gravel pedestrian pathways along Lily Drive and Anton 60 Way. 61 62 3. East Elementary Traffic Flow Improvements 63 Estimated Project Cost $2,000,000 64 State Funding Request $2,000,000 65 66 There is a safety issue in the East Elementary School parking lot. The school was 67 constructed in 1966 with a substantial addition in 1988. The facility now totals 39,842 square 68 feet with twenty-five teaching stations. Since the expansion, increased traffic flows have 69 created dangerous vehicle/student hazards when students are entering and leaving school. 70 Reconfiguration of the parking area will reduce risks by providing for a safer separation of 71 pedestrians, small vehicle traffic and bus loading/unloading. The project will require an 72 increase in the total area of the parking lot by expanding into neighboring Borough-owned 73 land to allow adequate parking to support increased building usage and occupant load. 74 75 4. Drainage Improvements to the Chiniak Highway at Sargent Creek 76 Estimated Project Cost $150,000 77 State Funding Request $150,000 78 79 Heavy rains along with high tides consistently cause Sargent Creek to flood and diverge 80 from its channel. This causes flooding at the intersection of the Chiniak Highway and 81 Sargent Creek Road. Recent heavy rain events have necessitated intermittent closure of 82 the intersection due to water on the roadway deep enough to disable vehicle engines. This 83 intersection is the only roadway in and out of Bells Flats subdivision. The flooding occurring 84 here impedes safe travel and often leaves motorists stranded and unable to reach homes or 85 critical services located in town. 86 87 This request is to provide the DOT in Kodiak funding to construct spot improvements for 88 bank stabilization, armoring, and rechanneling as needed to keep the Sargent Creek in its 89 channel and stop the flooding of the roadway. 90 91 5. City of Akhiok Power Transmission Line Replacement 92 Estimated Project Cost $65,000 93 AGENDA ITEM #C.2. Resolution No. FY2018-16 Adopting A State Legislative Capita...Page 100 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-16 Page 3 of 4 State funding request: $65,000 94 95 The school in the community of Akhiok is not only the education center but also the hub of 96 this small community. The main power distribution line from the school’s transformer to the 97 City of Akhiok’s main power grid has failed. This distribution line is a 750 foot run of 1/0 98 direct buried concentric exposed neutral line from the main grid to the transformer. The line 99 has been temporarily repaired but could fail again in another area at any time due to its age 100 and condition. The City has received rough estimated prices for replacement of the line to 101 be $50,000 to $60,000, not including transportation, lodging, or equipment rental for the 102 repair crew to the village. When this transmission line fails again the school will be forced to 103 supply power through their onsite stand-by generators. If the School is required to do this 104 they will have to use the only fuel they have for heating to run the generators full time. If 105 they were to have to do this in the winter they would need to fly fuel into the village at a cost 106 of over $8 a gallon. 107 108 The Kodiak Island Borough is requesting funding assistance to the City of Akhiok to replace 109 the power transmission line to the school in order to continue essential power service at a 110 reasonable price to the community. 111 112 6. Monashka Bay Water and Sewer Project Phase I: Feasibility & Assessment Survey 113 Estimated Project Cost $500,000 114 State Funding Request $500,000 115 116 There are 256 residential parcels that lie outside the reach of the existing sanitary sewer 117 and public water utilities in the Monashka Bay area. The soil and topography in this area 118 are not ideal for septic systems and many are failing. The construction of a wastewater 119 treatment facility at the Kodiak landfill provides an option for future expansion that could 120 include sanitary sewer treatment for the residents of this area. Water in this neighborhood is 121 provided by wells, cisterns and frequently by tank from a distant public source. Water quality 122 and quantity are questionable in the Monashka Bay neighborhood. Extension of water 123 service from the City of Kodiak will be needed. A feasibility study, planning and design is the 124 first step in providing water and sewer services to the residents of the Monashka Bay area. 125 126 7. Service Area Road Improvements and Paving 127 Estimated Project Cost $7,500,000 128 State Funding Request $7,500,000 129 130 This project addresses the on-going need to improve portions of Borough Service Area 131 roads. There are approximately 26 miles of road among four Road Service Areas that 132 connect residential neighborhoods with the greater Kodiak community. Paving projects will 133 address main thoroughfares or busy neighborhood roads. Improvements to major drainage 134 courses, installation of guard rails, and other identified road improvement needs may also 135 be addressed with this funding. Local contributions to road improvements may be funded 136 through local improvement districts where those in the district are taxed a proportion of the 137 project cost. Priorities will be given based on recommendations made by the elected service 138 area boards. 139 140 Current priorities include milling and repaving Bells Flats Road, and raising the entrance to 141 Sargent Creek Road along with installing a discharge culvert to avoid problematic flooding at 142 the intersection of this road with the Chiniak Highway in the Womens Bay Road Service 143 Area. Priorities in (Road) Service Area No. 1 include replacement of corroding corrugated 144 metal culverts along Puffin Way and Sean Circle with high density polyethylene culverts; 145 AGENDA ITEM #C.2. Resolution No. FY2018-16 Adopting A State Legislative Capita...Page 101 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-16 Page 4 of 4 prep and paving of Woodland Acres roads; prep and paving of Lily Drive to Balika Lane, 146 Balika Lane, Ed’s Way and Eider Street. 147 148 8. Anton Larsen Bay Road Extension to Ice Free Water 149 Estimated Project Cost $8,450,000 150 Funding Acquired 450,000 151 State Funding Request $8,000,000 152 153 An extension of the Anton Larsen Bay Road to ice free waters will provide year around 154 access to communities located in the Kupreanof Strait as well as those who use the island’s 155 west side for commercial and recreational purposes. Many times during the year travel by 156 vessel to and from Kodiak is treacherous. Extending the road to ice free waters makes 157 traveling safer, and provides safer access to critical services located in the City of Kodiak 158 including hospitals and businesses. This route was identified in the Kodiak Transportation 159 Plan as an important upland facility. 160 161 The Ouzinkie Native Corporation subsidiary, Spruce Island Development Corporation 162 (SIDCO) received a $450,000 legislative grant for planning and design to construct two 163 miles of gravel road extending the Anton Larsen Road and to construct a parking area and 164 boat launch ramp at the road’s termination, a beach near Crag Point. 165 166 Funding is requested to the Department of Transportation and Public Facilities for 167 construction of this road as it is an extension of an existing state roadway. The land owner, 168 Ouzinkie Native Corporation, has agreed to donate ownership of the road right-of-way to the 169 State when construction funding is obtained. 170 171 172 173 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our 174 State of Alaska Governor and Legislative Delegation of the Capital Improvement Projects 175 Priority List adopted by the Kodiak Island Borough Assembly. 176 177 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 178 THIS __________ DAY OF _______________, 2017. 179 180 KODIAK ISLAND BOROUGH ATTEST: 181 182 183 ___________________________ ___________________________ 184 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 185 186 VOTES: 187 Ayes: 188 Noes: 189 190 191 AGENDA ITEM #C.2. Resolution No. FY2018-16 Adopting A State Legislative Capita...Page 102 of 135 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2018-16 Adopting A State Legislative Capital Improvement Projects Priority List For The 2018 Legislative Session. ORIGINATOR: Meagan Christiansen RECOMMENDATION: Move to adopt Resolution No. FY2018-16. DISCUSSION: The Assembly annually adopts a resolution advocating for the state's support of the borough's capital improvement projects. In accordance with KIBC (E) the Planning and Zoning Commission reviews and updates a list of project priorities for the KIB Capital Improvement Program (CIP). The Commission is required to make a recommendation to the Assembly by resolution and deliver that recommendation no later than October 1st of each year. The Commission generally reviews the prior year’s resolution, removes projects which have been funded, and adds new community projects that have come to its attention. The commission receives input from the KIB Parks and Recreation Committee as well as staff and requests input from the general public. The Assembly has historically referred to the Planning and Zoning Commission's CIP list in preparing a short list of projects for which the Borough requests legislative funding from the State of Alaska to assist in accomplishing important community priorities. The Assembly may add projects, amend language and figures as well as remove projects. The adopted list will be forwarded to our legislative delegation, the governor, and any state agencies that would have oversight and/or involvement in the project. ALTERNATIVES: no action FISCAL IMPACT: none OTHER INFORMATION: AGENDA ITEM #C.2. Resolution No. FY2018-16 Adopting A State Legislative Capita...Page 103 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-16 Page 1 of 4 Introduced by: Borough Manager 1 Drafted by: Special Projects Support 2 Introduced on: 11/02/2017 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2018-16 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A 9 STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 10 2018 LEGISLATIVE SESSION 11 12 WHEREAS, the Kodiak Island Borough represents approximately 14,000 residents of the 13 Kodiak Island Archipelago living in six incorporated cities and one community governed by a 14 tribal council government; and 15 16 WHEREAS, a Borough–wide capital improvement program has been adopted by the Kodiak 17 Island Borough Planning & Zoning Commission which identifies major needs of the island 18 community for the next five years; and 19 20 WHEREAS, the Kodiak Island Borough Assembly has reviewed the borough-wide capital 21 improvement program adopted by the Planning & Zoning Commission and identified major 22 projects to submit to the Alaska Governor and State Legislative Delegation for funding 23 consideration; and 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH THAT: 27 28 Section 1: The Kodiak Island Borough’s State Legislative capital improvement project 29 priorities for the 2018 legislative session are as follows: 30 31 32 1. Safe Pedestrian Access to Kodiak Schools 33 Estimated Project Cost $1,300,000 34 State Funding Request $1,300,000 35 36 Poor visibility of crosswalks in school zones is a safety hazard! Local weather and traffic 37 degrade the paint on crosswalks; and pedestrians waiting to cross are often difficult to see 38 due to the long season of dark days, inclement weather, and busy traffic at popular 39 intersections. 40 41 Rezanof Drive is a state owned roadway and is the main road through the City of Kodiak. 42 Pedestrians needing to cross this road to access schools that include Kodiak Middle School, 43 Main Elementary School, East Elementary School and Kodiak College must wait for a break 44 in traffic or for motorists to notice their intent to cross and stop to allow the crossing. The 45 AGENDA ITEM #C.2. Resolution No. FY2018-16 Adopting A State Legislative Capita...Page 104 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-16 Page 2 of 4 Kodiak Island Borough is requesting funding for AKDOT to purchase and install lighted 46 automated crosswalks at intersections of Rezanof Drive and Powell Street, and Rezanof 47 Drive and Benny Benson Street to increase pedestrian safety near schools located along 48 Rezanof Drive. 49 50 2. Safe Pathways to North Star Elementary School 51 Estimated Project Cost $1,500,000 52 State Funding Request $1,500,000 53 54 Northstar Elementary School is located on a hill amongst several residential neighborhoods. 55 Many roads connecting the neighborhoods around the school are narrow, steep, and 56 winding dirt roads without sidewalks or separated pathways to keep pedestrians safe from 57 vehicular traffic. The Kodiak Safe Routes to Schools Plan (2013) describes a need for 58 separated pathways or trails to connect the residential neighborhoods to the school. 59 60 3. East Elementary Traffic Flow Improvements 61 Estimated Project Cost $2,000,000 62 State Funding Request $2,000,000 63 64 There is a safety issue in the East Elementary School parking lot. The school was 65 constructed in 1966 with a substantial addition in 1988. The facility now totals 39,842 square 66 feet with twenty-five teaching stations. Since the expansion, increased traffic flows have 67 created dangerous vehicle/student hazards when students are entering and leaving school. 68 Reconfiguration of the parking area will reduce risks by providing for a safer separation of 69 pedestrians, small vehicle traffic and bus loading/unloading. The project will require an 70 increase in the total area of the parking lot to allow adequate parking to support increased 71 building usage and occupant load. 72 73 4. Drainage Improvements to the Chiniak Highway at Sargent Creek 74 Estimated Project Cost $54,000 75 State Funding Request $54,000 76 77 Heavy rains along with high tides consistently cause Sargent Creek to flood and diverge 78 from its channel. This causes flooding at the intersection of the Chiniak Highway and 79 Sargent Creek Road. Recent heavy rain events have necessitated intermittent closure of 80 the intersection due to water on the roadway deep enough to disable vehicle engines. This 81 intersection is the only roadway in and out of Bells Flats subdivision. The flooding occurring 82 here impedes safe travel and often leaves motorists stranded and unable to reach homes or 83 critical services located in town. 84 85 This request is to provide the DOT in Kodiak funding to construct spot improvements for 86 bank stabilization, armoring, and rechanneling as needed to keep the Sargent Creek in its 87 channel and stop the flooding of the roadway. 88 89 5. Anton Larsen Bay Road Extension to Ice Free Water 90 Estimated Project Cost $8,450,000 91 Funding Acquired 450,000 92 State Funding Request $8,000,000 93 AGENDA ITEM #C.2. Resolution No. FY2018-16 Adopting A State Legislative Capita...Page 105 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-16 Page 3 of 4 94 An extension of the Anton Larsen Bay Road to ice free waters will provide year around 95 access to communities located in the Kupreanof Strait as well as those who use the island’s 96 west side for commercial and recreational purposes. Many times during the year travel by 97 vessel to and from Kodiak is treacherous. Extending the road to ice free waters makes 98 traveling safer, and provides safer access to critical services located in the City of Kodiak 99 including hospitals and businesses. This route was identified in the Kodiak Transportation 100 Plan as an important upland facility. 101 102 The Ouzinkie Native Corporation subsidiary, Spruce Island Development Corporation 103 (SIDCO) received a $450,000 legislative grant for planning and design to construct two 104 miles of gravel road extending the Anton Larsen Road and to construct a parking area and 105 boat launch ramp at the road’s termination, a beach near Crag Point. 106 107 Funding is requested to the Department of Transportation and Public Facilities for 108 construction of this road as it is an extension of an existing state roadway. The land owner, 109 Ouzinkie Native Corporation, has agreed to donate ownership of the road right-of-way to the 110 State when construction funding is obtained. 111 112 113 6. Monashka Bay Water and Sewer Project: Feasibility, Planning and Design 114 Estimated Project Cost $500,000 115 State Funding Request $500,000 116 117 There are 256 residential parcels that lie outside the reach of the existing sanitary sewer 118 and public water utilities in the Monashka Bay area. The soil and topography in this area 119 are not ideal for septic systems and many are failing. The construction of a wastewater 120 treatment facility at the Kodiak landfill provides an option for future expansion that could 121 include sanitary sewer treatment for the residents of this area. Water in this neighborhood is 122 provided by wells, cisterns and frequently by tank from a distant public source. Water quality 123 and quantity are questionable in the Monashka Bay neighborhood. Extension of water 124 service from the City of Kodiak will be needed. A feasibility study, planning and design is the 125 first step in providing water and sewer services to the residents of the Monashka Bay area. 126 127 7. Traffic Safety Lighting between Kodiak City Limits and Benny Benson State Airport 128 Estimated Project Cost $5,500,000 129 State funding request: $5,500,000 130 131 This request is to provide funding to the Department of Transportation for planning and 132 design, and development of a plan of prioritized phased construction for the installation of 133 street lighting along Rezanof Drive between the City of Kodiak and the Benny Benson State 134 Airport. This section of roadway is approximately five miles of dark two lane road with an 135 average speed limit of 45 miles per hour. It is a heavily travelled stretch of road used by 136 those going to and from the state airport, working on the United States Coast Guard Base 137 and commuting between outlying communities and the City of Kodiak. 138 139 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our 140 State of Alaska Governor and Legislative Delegation of the Capital Improvement Projects 141 Priority List adopted by the Kodiak Island Borough Assembly. 142 143 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 144 THIS __________ DAY OF _______________, 2017. 145 AGENDA ITEM #C.2. Resolution No. FY2018-16 Adopting A State Legislative Capita...Page 106 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-16 Page 4 of 4 146 KODIAK ISLAND BOROUGH ATTEST: 147 148 149 ___________________________ ___________________________ 150 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 151 152 VOTES: 153 Ayes: 154 Noes: 155 156 157 AGENDA ITEM #C.2. Resolution No. FY2018-16 Adopting A State Legislative Capita...Page 107 of 135 AG E N D A I T E M # C . 2 . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 6 A d o p t i n g A S t a t e L e g i s l a t i v e C a p i t a . . . Pa g e 1 0 8 o f 1 3 5 AG E N D A I T E M # C . 2 . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 6 A d o p t i n g A S t a t e L e g i s l a t i v e C a p i t a . . . Pa g e 1 0 9 o f 1 3 5 AG E N D A I T E M # C . 2 . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 6 A d o p t i n g A S t a t e L e g i s l a t i v e C a p i t a . . . Pa g e 1 1 0 o f 1 3 5 Capital Improvement Program (CIP) In response to the question about how staff members prepare the list of projects on the CIP resolutions, here is some of the guiding info: STATE STATUTE Sec. 29.20.500. Powers and duties of a manager. (3) prepare and submit an annual budget and capital improvement program for consideration by the governing body, and execute the budget and capital improvement program adopted; BOROUGH CODE Chapter 2.105 PLANNING AND ZONING COMMISSION 2.105.030 Powers and duties. The commission shall accomplish the following: E. Submit annually to the assembly, not less than 90 days prior to the beginning of the calendar year, a list of recommended capital improvements which, in the opinion of the commission, are necessary or desirable to be constructed during the next five-year period. Such list shall be arranged in order of preference with recommendations as to which projects shall be constructed in a specific year; Chapter 2.120 PARKS AND RECREATION COMMITTEE 2.120.010 Committee created – Duties. C. Generate priorities and action plans including a capital improvement program for parks and recreation; BOROUGH PROCESS A description of the Borough’s Capital Improvement Program and process along with a link to the Project Nomination Form can be found on the website at: www.kodiakak.us/Departements/Community Development/Capital Improvement Program AGENDA ITEM #C.2. Resolution No. FY2018-16 Adopting A State Legislative Capita...Page 111 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-14 VERSION # 3 Page 1 of 3 Introduced by: KIB Assembly 1 Drafted by: Borough Mayor/Manager/Clerk 2 Introduced on: 11/02/2017 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2018-14 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH SPECIFYING 9 THE CIRCUMSTANCES AND PARAMETERS THAT ARE PERMISSIBLE FOR 10 TELECONFERENCE PARTICIPATION OF THE MAYOR AND ASSEMBLY MEMBERS 11 12 WHEREAS, teleconference participation by the mayor and assembly members and the public 13 is authorized by AS 44.62.310(a) and 44.62.312.; and 14 15 WHEREAS, the use of teleconferencing at assembly meetings and at work sessions will 16 increase the ability for Borough staff, elected officials, and the public to engage and participate 17 in a meaningful capacity when situations exist precluding their physical presence at meetings; 18 and 19 20 WHEREAS, it is the desire of the assembly to allow teleconferencing with parameters 21 established by a resolution adopted by the assembly; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 24 BOROUGH that this resolution formally adopts and specifies the circumstances that are allowed 25 for teleconference participation of the mayor and assembly members. 26 27 A. AS 44.62.310 states that attendance and participation of the members of a governmental 28 body may be by teleconferencing; therefore, the mayor or assembly members may 29 participate in and vote at regular and special meetings of the assembly by teleconference 30 (e.g., telephone, videoconferencing, or similar technology), as well as during work sessions 31 and executive sessions. These prescribed circumstances and parameters are as follows: 32 1. The meeting is held with a quorum of members physically present; 33 2. Reasonable technical capabilities are available at the meeting locations to allow the 34 member to participate by teleconference, to include being able to hear and engage in 35 discussion, and being audible to all persons participating in the meeting; 36 3. Reasonable public notice of the date, time, and place of the location(s) from which the 37 assembly member(s) will be appearing telephonically must be given. A member of the 38 public could join the teleconferencing assembly member and participate from the 39 location of the call; 40 4. Prior to the meeting, reasonable efforts should be made to ensure that the member 41 participating by teleconference is provided with the meeting agenda and other pertinent 42 documents to be discussed and/or acted upon; access to the agenda and documents 43 from the borough’s website will be considered sufficient access; and 44 5. All votes taken at the meeting are by roll call. 45 46 VERSION 3 AGENDA ITEM #C.3. Resolution No. FY2018-14 Specifying The Circumstances And Pa...Page 112 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-14 VERSION # 3 Page 2 of 3 47 B. Telephonic participation is permitted for elected officials who are residents of the 48 outlying villages or cities. Participation by other elected officials who are not 49 residents of outlying villages or cities, but are physically absent from Kodiak or 50 unable to physically attend a meeting due to unavoidable or unforeseen 51 circumstances, will be allowed. Participation is also allowed when the mayor or assembly 52 member(s) are physically absent due to the following: 53 1. The illness or injury of the assembly member or a family member; 54 2. The death of a family member; 55 3. An employment-related commitment; 56 4. A commitment for borough business; 57 5. Other cause preapproved by an action of the assembly at an assembly meeting; and 58 6. Off-island personal travel???? 59 60 C. Participation by teleconference may not only be used as a “last minute” device in 61 situations of emergencies or unforeseen circumstances. In all other cases, Assembly 62 members shall notify the clerk’s office with at least a minimum of five-day notice of their 63 intent to participate in a meeting via teleconference and provide sufficient contact 64 information for purposes of setting up the teleconference. This section does not apply to 65 special meetings or emergency meetings of the Assembly. 66 67 D. Repeated participation by teleconference will not negate the rules requiring physical 68 presence within the Kodiak Island Borough, nor other stipulations of excused 69 absences, per KIBC 2.25.060. 70 71 E. The mayor, any assembly member, and any member of the public who participates by 72 teleconference shall not be charged for any telephone costs associated with the 73 teleconference participation. 74 75 F. Assembly members participating by teleconference shall identify any persons in the room 76 with them during the teleconference. 77 78 G. If the mayor participates telephonically, the mayor may participate in debate and may vote to 79 break ties but shall not act as presiding officer of the meeting. 80 81 H. The deputy presiding officer must also be physically present to preside over a meeting. In 82 the absence of the mayor and deputy presiding officer, a senior assembly member shall 83 preside over the meeting. 84 85 The assembly may revoke the privilege of participation of an assembly member or the mayor by 86 telephone or electronic means should such participating assembly member or the mayor violate 87 any or all of subsections above. 88 89 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 90 THIS __________ DAY OF _______________, 2017. 91 92 AGENDA ITEM #C.3. Resolution No. FY2018-14 Specifying The Circumstances And Pa...Page 113 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-14 VERSION # 3 Page 3 of 3 KODIAK ISLAND BOROUGH ATTEST: 93 94 ___________________________ ___________________________ 95 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 96 VOTES: 97 Ayes: 98 Noes: 99 AGENDA ITEM #C.3. Resolution No. FY2018-14 Specifying The Circumstances And Pa...Page 114 of 135 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2018-14 Specifying The Circumstances And Parameters That Are Permissible For Teleconference Participation Of The Mayor And Assembly Members. ORIGINATOR: Nova Javier RECOMMENDATION: Move to adopt Resolution No. FY2018-14. DISCUSSION: This resolution is presented for consideration as a result of the adoption of Ordinance No. FY2018-11 which allows participation by Assembly members by teleconference during meetings. This resolution formally adopts and specifies the circumstances that are allowed for teleconference participation of the mayor and assembly members.Teleconference participation by the mayor and assembly members is authorized by AS 44.62.310(a) and 44.62.312. The use of teleconferencing at assembly meetings and at work sessions will increase the ability for Borough staff, elected officials, and the public to engage and participate in a meaningful capacity when situations exist precluding their physical presence at meetings and it is the desire of the assembly to allow teleconferencing with parameters established by a resolution adopted by the assembly. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #C.3. Resolution No. FY2018-14 Specifying The Circumstances And Pa...Page 115 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-14 VERSION # 2 Page 1 of 2 Introduced by: KIB Assembly 1 Drafted by: Borough Mayor/Manager/Clerk 2 Introduced on: 11/02/2017 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2018-14 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH SPECIFYING 9 THE CIRCUMSTANCES AND PARAMETERS THAT ARE PERMISSIBLE FOR 10 TELECONFERENCE PARTICIPATION OF THE MAYOR AND ASSEMBLY MEMBERS 11 12 WHEREAS, teleconference participation by the mayor and assembly members and the public 13 is authorized by AS 44.62.310(a) and 44.62.312.; and 14 15 WHEREAS, the use of teleconferencing at assembly meetings and at work sessions will 16 increase the ability for Borough staff, elected officials, and the public to engage and participate 17 in a meaningful capacity when situations exist precluding their physical presence at meetings; 18 and 19 20 WHEREAS, it is the desire of the assembly to allow teleconferencing with parameters 21 established by a resolution adopted by the assembly; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 24 BOROUGH that this resolution formally adopts and specifies the circumstances that are allowed 25 for teleconference participation of the mayor and assembly members. 26 27 A. AS 44.62.310 states that attendance and participation of the members of a governmental 28 body may be by teleconferencing; therefore, the mayor or assembly members may 29 participate in and vote at regular and special meetings of the assembly by teleconference 30 (e.g., telephone, videoconferencing, or similar technology), as well as during work sessions 31 and executive sessions. These prescribed circumstances and parameters are as follows: 32 1. The meeting is held with a quorum of members physically present; 33 2. Reasonable technical capabilities are available at the meeting locations to allow the 34 member to participate by teleconference, to include being able to hear and engage in 35 discussion, and being audible to all persons participating in the meeting; 36 3. Reasonable public notice of the date, time, and place of the location(s) from which the 37 assembly member(s) will be appearing telephonically must be given. A member of the 38 public could join the teleconferencing assembly member and participate from the 39 location of the call; 40 4. Prior to the meeting, reasonable efforts should be made to ensure that the member 41 participating by teleconference is provided with the meeting agenda and other pertinent 42 documents to be discussed and/or acted upon; access to the agenda and documents 43 from the borough’s website will be considered sufficient access; and 44 5. All votes taken at the meeting are by roll call. 45 46 VERSION 2 AGENDA ITEM #C.3. Resolution No. FY2018-14 Specifying The Circumstances And Pa...Page 116 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-14 VERSION # 2 Page 2 of 2 47 B. Telephonic participation is permitted for elected officials who are residents of the 48 outlying villages or cities. Participation is also allowed when the mayor or assembly 49 member(s) are physically absent due to the following: 50 1. The illness or injury of the assembly member or a family member; 51 2. The death of a family member; 52 3. An employment-related commitment; 53 4. A commitment for borough business; 54 5. Other cause preapproved by an action of the assembly at an assembly meeting; and 55 6. Off-island personal travel???? 56 57 C. Participation by teleconference may not be used as a “last minute” device. Assembly 58 members shall notify the clerk’s office with at least a minimum of five-day notice of their 59 intent to participate in a meeting via teleconference and provide sufficient contact 60 information for purposes of setting up the teleconference. This section does not apply to 61 special meetings or emergency meetings of the Assembly. 62 63 D. The mayor, any assembly member, and any member of the public who participates by 64 teleconference shall not be charged for any telephone costs associated with the 65 teleconference participation. 66 67 E. Assembly members participating by teleconference shall identify any persons in the room 68 with them during the teleconference. 69 70 F. If the mayor participates telephonically, the mayor may participate in debate and may vote to 71 break ties but shall not act as presiding officer of the meeting. 72 73 G. The deputy presiding officer must also be physically present to preside over a meeting. In 74 the absence of the mayor and deputy presiding officer, a senior assembly member shall 75 preside over the meeting. 76 77 The assembly may revoke the privilege of participation of an assembly member or the mayor by 78 telephone or electronic means should such participating assembly member or the mayor violate 79 any or all of subsections above. 80 81 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 82 THIS __________ DAY OF _______________, 2017. 83 84 KODIAK ISLAND BOROUGH ATTEST: 85 86 ___________________________ ___________________________ 87 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 88 VOTES: 89 Ayes: 90 Noes: 91 AGENDA ITEM #C.3. Resolution No. FY2018-14 Specifying The Circumstances And Pa...Page 117 of 135 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2018-15 Authorizing the Kodiak Island Borough Bayside Fire Department To Submit An Application To The Assistance To Firefighters Grant Program. ORIGINATOR: Meagan Christiansen RECOMMENDATION: Move to adopt Resolution No. FY2018-15 DISCUSSION: Chief Rue would like to submit an application to the Assistance to Firefighters Grant program to purchase installation of an exhaust ventilation system in the Bayside Fire Station. An application was submitted a year ago but this project was not awarded funding. Chief Rue would like to apply again after receiving feedback about how the application could be made stronger. ALTERNATIVES: FISCAL IMPACT: Purchase and installation of the exhaust ventilation system is estimated to be approximately $100,000. A 5% match of funds is required, however Bayside is proposing a 10% match because shipping to Kodiak escalates the price to higher than the average in the lower 48 and we would like to improve the chances of being awarded. There is fund balance available in the Fire Protection Area No. 1 budget to provide the match. OTHER INFORMATION: AGENDA ITEM #C.4. Resolution No. FY2018-15 Authorizing the Kodiak Island Borou...Page 118 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-15 Page 1 of 2 Introduced by: Borough Manager 1 Requested by: Bayside Fire Chief 2 Drafted by: Special Projects Support 3 Introduced on: 11/02/2017 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2018-15 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 AUTHORIZING THE KODIAK ISLAND BOROUGH BAYSIDE FIRE 11 DEPARTMENT TO SUBMIT AN APPLICATION TO THE ASSISTANCE 12 TO FIREFIGHTERS GRANT PROGRAM 13 14 WHEREAS, the Assistance to Firefighters Grant (AFG) is a competitive funding opportunity 15 through the U.S. Department of Homeland Security, Federal Emergency Management (FEMA); 16 and 17 18 WHEREAS, the purpose of the AFG program is to “enhance the safety of the public and 19 firefighters with respect to fire and fire-related hazards by providing direct financial assistance to 20 eligible fire departments, nonaffiliated EMS organizations, and State Fire Training Academies 21 (SFTA) for critically needed resources to equip and train emergency personnel to recognized 22 standards, enhance operational efficiencies, foster interoperability, and support community 23 resilience;“ and 24 25 WHEREAS, the Bayside Fire Chief has identified the fire station’s need of an Exhaust 26 Extraction System which qualifies for application to the AFG program; and 27 28 WHEREAS, the estimated cost of purchasing, shipping and installing an Exhaust Extraction 29 System at the Bayside Fire Station is estimated to be $99,895; and 30 31 WHEREAS, the grant program match requirement for a community with a population less 32 than 20,000 is five percent which is $4,995; however it has been determined that the price, 33 including shipping to Kodiak, is higher than average so a 10% match in the amount of $9,990 34 may make a more favorable application, and the Fire Protection Area No. 1 fund includes fund 35 balance that is sufficient to contribute a 10% match. 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 38 BOROUGH that the Kodiak Island Borough Bayside Fire Department is authorized to submit an 39 application to the Assistance to Firefighters Grant program for assistance in purchasing, 40 shipping and installing an Exhause Extraction System in the Bayside Fire Station. 41 42 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 43 THIS ____________ DAY OF _______________ 2017 44 45 KODIAK ISLAND BOROUGH ATTEST: 46 AGENDA ITEM #C.4. Resolution No. FY2018-15 Authorizing the Kodiak Island Borou...Page 119 of 135 Kodiak Island Borough, Alaska Resolution No. FY2018-15 Page 2 of 2 47 ___________________________ ________________________ 48 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 49 VOTES: 50 Ayes: 51 Noes: 52 AGENDA ITEM #C.4. Resolution No. FY2018-15 Authorizing the Kodiak Island Borou...Page 120 of 135 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Assembly Appointment To The Bay View Road Service Area Board (Mr. Reed Oswalt). ORIGINATOR: Laurie Pardoe RECOMMENDATION: Move to confirm the Assembly appointment of Mr. Reed Oswalt to the Bay View Road Service Area Board for a term to expire October 2020. DISCUSSION: There were no candidates at the last election for this Board. Mr. Reed Oswalt's term has expired and he expressed desire to continue his service on the Board. He is a qualified voter in the borough and a resident of the service area. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #E.1. Assembly Appointment To The Bay View Road Service Area Board...Page 121 of 135 Revision Date: 10/10/2017 Revised by: NJ BAY VIEW ROAD SERVICE AREA BOARD KODIAK ISLAND BOROUGH NAME TERM HOME PHONE WORK PHONE FAX NO. EMAIL Jim Carmichael PO Box 2545 Kodiak, AK 99615 2016 486-6874 206-321- 6395 (cell) jim@jecarmichael.com Peter Ivanoff 1327 Mountain View Dr. Kodiak, AK 99615 2016 486-1928 942-1927 (cell) p.ivanoff@hotmail.com Reed Oswalt (Chair) PO Box 722 Kodiak, AK 99615 Expired 2017 486-4486 486-4514 mroswalt@alaskan.com Fred Roberts PO Box 8530 Kodiak, AK 99615 2018 486-5571 539-1571 kodiak375@gci.net Jim Schauff PO Box 8150 Kodiak, AK 99615 2018 486-4412 kkschauff@gci.net This board is governed by Kodiak Island Borough Code 4.90 AGENDA ITEM #E.1. Assembly Appointment To The Bay View Road Service Area Board...Page 122 of 135 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Declaring A Seat Vacant On the Mission Lake Tidegate Service Area Board (Mr. Robert Hoedel). ORIGINATOR: Karen Siador RECOMMENDATION: Move to declare the seat held by Mr. Robert Hoedel vacant on the Mission Lake Tidegate Service Area Board and direct the Clerk to advertise the vacancy per Borough Code. DISCUSSION: Mr. Hoedel dropped by the Clerk's Office on October 20 and notified the Clerks that he has moved out of the Mission Lake "Tidegate" Service Area and asked that the Assembly declare his seat vacant. Mr. Hoedel held a seat which is set to expire in December 2019. The remaining Board Members and the Engineering and Facilities Department were notified of the vacancy. KIB Code 2.100.070 Vacancies. D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #E.2. Declaring A Seat Vacant On the Mission Lake Tidegate Service...Page 123 of 135 Revision Date: 1/3/2017 Revised by: LP MISSION LAKE “TIDE GATE” SERVICE AREA BOARD EF DIRECTOR, BOB TUCKER 486-9343 btucker@kodiakak.us ENGINEERING AND FACILITIES DEPARTMENT 710 MILL BAY ROAD ROOM 224 KODIAK, AK 99615 KODIAK ISLAND BOROUGH STAFF: NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Robert Hoedel PO Box 910 Kodiak, AK 99615 2019 539-1489 bzimm@ptialaska.net Craig Johnson PO Box 207 Kodiak, AK 99615 2017 486-4826 486-5000 907-654-7712 craig.johnson@edwardjones.com Alan Wolf PO Box 791 Kodiak, AK 99615 2018 486-0486 486-9582 942-0247 alan.wolf@providence.org This board is governed by the Kodiak Island Borough Code 4.130 AGENDA ITEM #E.2. Declaring A Seat Vacant On the Mission Lake Tidegate Service...Page 124 of 135 _\ 0538..F30 zaaoz ?>_Am .:_umo>am mmwsom>wm>mum.” _om_ .3 am. o.&E2 38 _s_mm_oz_.>xm ._._Um0>._.m mmm<_om >mm> mmnzozmu .§8.So oqmmzoamanuosmam. ?8.o~o mama. 38.3..n_.mm:o:manuoimqm. ._._..m_<__mm_o:5.6 Emum?$2.8 mam .mmm.m_u_.m:maucacma.8 oaimznm zo.83-3 man. msnoaummmmmEmmam mm _ Enm?a on Em Emu mzmnzmq8 Eu,o_d_:m:nm.oo:m._.:o:o:.ouoszoa. man:.m_:.m:m=nm2 3m _s.mm.o_..rmxmEnema mam:am..a<a3 .3 5m _s_mm.o:rmxmEmm?mmm2_nm man..03.8.8 msnoon.3.2.3 manomnamn3.wow.o~.~._.88.. 3 8.3..wow}... ._._.6 _s_mm_o_._rmxmEmam?mmqsommam comam_._m__nozwrm»2 Sam =_m=_am_.mmunoima3 2.6 mmmm3u_<.8.8 Moon.333 man8:53 xmm.o~.~._. .25 :83._m_u:nmo..ocu_._no.5 _mo..__._.m=»==.o:m= o_.n=:u:nm m<no:.2.nan.mm_m_u...o...uummmnE_.o.._n: mounmaumnn3~34. Qmn_m_:.mn ._.:mmoaocnso_2_..m O38 EmuEm o=._omm_<mqm_o:2 Em _§_mx _m_m_.amo..o:u_..9%.C33 92....noamn.Em wo3_._u:o_2_%033 3..oaimanmm umwmmamcummncms.8 Em oaimanm 38 mao<m. E6”\>>e<<<.noanu=¢=mE=m.oo:<mnBn=bnBmmnaonmnbon?u?kramxS28..33 AG E N D A I T E M # E . 2 . De c l a r i n g A S e a t V a c a n t O n t h e M i s s i o n L a k e T i d e g a t e S e r v i c e . . . Pa g e 1 2 5 o f 1 3 5 From:Daniel Rohrer To:Nova Javier Subject:FW: Sharatin LIHTC Property Date:Wednesday, November 01, 2017 10:28:08 AM Can you forward this email out to the assembly. This was a response to a question from Bill Roberts to Glenn after our last meeting. Thanks Dan From: Glenn Gellert [mailto:glenn.gellert@gmail.com] Sent: Friday, October 27, 2017 11:42 AM To: Bill Roberts <broberts@kodiakak.us> Subject: Re: Sharatin LIHTC Property Hi Bill, "Low Income" versus "Affordable" is really more of an issue of semantics. The LIHTC program was founded in the 1980's when this distinction was not as important to neighborhood groups. In fact there is some current legislation that is being proposed in Congress now that would change the name of the program so that "low income" would be removed from the title because of its negative connotations. In the case of Spruce Cape Homes, 20% of the units could be rented to anyone, even a millionaire. Then the balance of the units would be rented to those making 60% or less of median income. Median income for a family of 4 in Kodiak is $82,300 so tenants making $50,000 or less per year could qualify to live in these units. 75% of Kodiak workers make less than $50,000 per year so we feel like our housing is targeting a large number of workers in the retail sector, fishing, construction, and even teaching that are struggling to find housing that they can afford at these wage levels. We do have 3 units (10% of the total) that are set aside for tenants making 30% of median income. These units, by any definition, are designed for low income tenants. We anticipate that these low income tenants will mainly be senior citizens on fixed incomes. Spruce Cape Homes will have 11 fully equipped ADA units. Please let me know if I can provide any additional information. Thanks for your help last night as well as on the property assessment issue. Glenn AGENDA ITEM #E.3. Letter Of Support For The Low Income Housing Tax Credit Hous...Page 126 of 135 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 2, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Letter Of Support For The Low Income Housing Tax Credit Housing Application Submitted By Swell, LLC. ORIGINATOR: Daniel Rohrer RECOMMENDATION: Move to approve letters of support for a Low Income Housing Tax Credit Housing Application submitted by Swell, LLC. DISCUSSION: The Kodiak Island Borough received a notification from the Alaska Housing Finance Corporation regarding the intent of Swell, LLC to apply for funding to develop affordable housing in Kodiak. The notification is attached in the packet. The notification states that the comments should be directly sent to the Alaska Housing Finance Corporation no later than November 14 at 4:30 p.m. and copy should be sent to the owner, SWELL, LLC. Attached are letters addressed to AHFC and SWELL, LLC. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #E.3. Letter Of Support For The Low Income Housing Tax Credit Hous...Page 127 of 135 Kodiak Island Borough Office of the Borough Mayor 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 November 3, 2017 Daniel Delfino Alaska Housing Finance Corporation P.O. Box 101020 Anchorage, Alaska 99510 Dear Mr. Delfino, On behalf of the Kodiak Island Borough (KIB) Assembly and as the Kodiak Island Borough Mayor, I am writing this letter of support for the Low Income Housing Tax Credit housing application being submitted to Alaska Housing Finance Corp. by Swell, LLC. It is my understanding that you are building 30 units of one, two, and three bedroom townhouse style rental units at 3382 Sharatin Road. 24 of these units will be rented to Kodiak residents making 60% or less of median income and some of the units will be set aside for those with a disability and those that are homeless. Kodiak is in need of affordable housing. For low income families and families with a household member having a disability, adding additional affordable housing stock in Kodiak could mean the difference between families remaining housed versus families becoming homeless. The KIB strongly support Swell’s efforts to provide suitable and much needed housing here in Kodiak. Sincerely, KODIAK ISLAND BOROUGH Dan Rohrer Borough Mayor AGENDA ITEM #E.3. Letter Of Support For The Low Income Housing Tax Credit Hous...Page 128 of 135 Kodiak Island Borough Office of the Borough Mayor 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 November 3, 2017 Glenn Gellert Swell, LLC 1113 West Fireweed Lane, #202 Anchorage, Alaska 99503 Dear Mr. Gellert, On behalf of the Kodiak Island Borough (KIB) Assembly and as the Kodiak Island Borough Mayor, I am writing this letter of support for the Low Income Housing Tax Credit housing application being submitted to Alaska Housing Finance Corp. by Swell, LLC. It is my understanding that you are building 30 units of one, two, and three bedroom townhouse style rental units at 3382 Sharatin Road. 24 of these units will be rented to Kodiak residents making 60% or less of median income and some of the units will be set aside for those with a disability and those that are homeless. Kodiak is in need of affordable housing. For low income families and families with a household member having a disability, adding additional affordable housing stock in Kodiak could mean the difference between families remaining housed versus families becoming homeless. The KIB strongly support Swell’s efforts to provide suitable and much needed housing here in Kodiak. Sincerely, KODIAK ISLAND BOROUGH Dan Rohrer Borough Mayor AGENDA ITEM #E.3. Letter Of Support For The Low Income Housing Tax Credit Hous...Page 129 of 135 Swell, LLC 1113 West Fireweed Lane #202 Anchorage, Alaska 99503 (907) 277-2663 October 17, 2017 Borough Mayor Dan Rohrer Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Dear Mayor Rohrer, As you may have heard, Swell, LLC is proposing to build 30 units of affordable housing for families at 3382 Sharatin Road. We plan to construct 10 one bedroom units, 8 two bedroom units, and 12 three bedroom units. 80% of these units will be rented to tenants making 60% or less of median income. The remaining units will be available to anyone. The affordable one bedroom rents will be $285 to $749 per month, the two bedroom rents will be $734 to $919 per month, and the three bedroom affordable rents will be $865 to $1,079 per month. The landlord will pay for heat and the tenants will be responsible for paying for water/sewer and electricity for lights and electrical appliances. A solar PV and solar thermal system will be incorporated in the design to help reduce energy costs. These alternative energy systems will also help support a heating system that will be based on an air to water heat exchanger. To develop this new family housing we plan to use 9% tax credits, a loan from Alaska Housing Finance Corporation (AHFC), and a Rasmuson Foundation grant. We will be submitting a Low Income Housing Tax Credit (LIHTC) application for this project on November 17th, 2017, and AHFC has asked us to provide the attached notification to you. If we are successful in winning a LIHTC award, we will break ground in late spring of next year and complete construction and lease up in the fall of 2019. Thank you for supporting our collective efforts to respond to the increasing demand for more affordable housing in Kodiak. Please acknowledge your receipt of this notification. Sincerely, Glenn Gellert Member Representative AGENDA ITEM #E.3. Letter Of Support For The Low Income Housing Tax Credit Hous...Page 130 of 135 LOCAL GOVERNMENT NOTIFICATION FORM To: Borough Mayor Rohrer (Chief Executive Officer) of Kodiak (community). As a condition of the Alaska Housing Finance Corporation’s GOAL Program we are required to notify you of our intent to apply for funding to develop affordable housing in your community and offer you an opportunity to comment on our development plans. We are applying for grant and/or federal tax credits to develop a project described below: Name of Development: Spruce Cape Affordable Housing Location of Property: 3382 Sharatin Road (use site address, or if not available, generally describe location in relationship to known landmarks in the community.) Number of Units: 30 Development Type: new construction (acquisition/rehab or new construction) Owner Information: Swell, LLC (name) 1113 West Fireweed Lane, #202 (address) Anchorage, Alaska 99503 (907) 277-2663 (phone) (907) 277-3752 (fax) glenn.gellert@gmail.com (email) Please submit your comments directly to Alaska Housing Finance Corporation no later than November 14, 2014 at: 4:30 p.m. Daniel Delfino Alaska Housing Finance Corporation P.O. Box 101020 Anchorage, Alaska 99510 907-330-8273 907-338-2585 FAX ddelfino@ahfc.us and send a copy to the owner address listed above. AGENDA ITEM #E.3. Letter Of Support For The Low Income Housing Tax Credit Hous...Page 131 of 135 AG E N D A I T E M # A . 1 . So l i d W a s t e A d v i s o r y B o a r d R e g u l a r M e e t i n g M i n u t e s O f A u g u s t . . . Pa g e 1 3 2 o f 1 3 5 AG E N D A I T E M # A . 1 . So l i d W a s t e A d v i s o r y B o a r d R e g u l a r M e e t i n g M i n u t e s O f A u g u s t . . . Pa g e 1 3 3 o f 1 3 5 AG E N D A I T E M # A . 1 . So l i d W a s t e A d v i s o r y B o a r d R e g u l a r M e e t i n g M i n u t e s O f A u g u s t . . . Pa g e 1 3 4 o f 1 3 5 iv:% 3::<<>m._.m>o<_mox<mo>_6 xmmS>x _<_mm._._2m_<=zc._.mm >:m:m»Q.33%mumES _3...=m_.:...=m..3 x...§_a_.93¢. m8:>..:%I zo no33m:n. zax m~mcoIIm <<o:_m_=8 3 =53:Em mammmmi. _<_mm::nm53.__m ._._.m:9:_.mm:_m_.BmmzzmEmu mn:m._:_mm3..Onnocmq m.~93. >.&o:_.:3m3 >222.322.3 m&o_.__.:Bmmzam. <o_nm <o«m oz _<_O._._Oz n>xx_mo cz>z=<_ocm_.<. ._.:mBmmzzmsaw m&o:_.:ma3 #8 .93. mc2<__j.mo as \\V‘‘ ._m::<n_m<.mmn_.mS..< amm:m_:mm..._:m\_nmn._EmmUmumnamzn >2.xo<mo as 2.mNm_uo.oi: mo_E <<m3m>n<_uo_.<mama. AG E N D A I T E M # A . 1 . So l i d W a s t e A d v i s o r y B o a r d R e g u l a r M e e t i n g M i n u t e s O f A u g u s t . . . Pa g e 1 3 5 o f 1 3 5 a 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 Introduced by: Manager Powers Drafted by: Special Projects Support Introduced on: 11/02/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2018-12 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH IDENTIFYING FEDERAL PROGRAM PRIORITIES AND A CAPITAL IMPROVEMENT PROGRAM FOR FEDERAL FISCAL YEAR 2018 WHEREAS, the Alaska Congressional Delegation has requested the views of the Kodiak Island Borough on which federal programs should be considered priorities for rural Alaskan communities and their residents.; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Kodiak Island Borough's views and recommendations on priority federal programs are as follows: 1. Groundfish Surveys: Groundfish Surveys in the Gulf of Alaska are funded through a line item in NMFS's budget called Fisheries Data Collections, Surveys and Assessments. The President's FY 2018 budget request recommends a 6 percent reduction in funding for this account. This line item funds critical data collection, fish stock assessments and longstanding fishery surveys nationally. For Alaska, the surveys include the Alaska crab fisheries; Gulf of Alaska and Bering Sea pollock and groundfish, rockfish, halibut, and sablefish. The North Pacific Fishery Management Council and NMFS rely upon these fishery surveys to determine annual catch limits and monitor the health of these stocks. Last year, we faced the prospect of NMFS considering a reduction in the number, the spatial extent and the consistency of the winter and summer groundfish surveys occurring in the Gulf of Alaska. Over time, a reduction in these surveys could have negatively affected Kodiak fishermen and processors through cutbacks in annual groundfish quotas due to insufficient stock assessment data. The Kodiak Island Borough recommends that the Alaska Delegation support the Fisheries Data Collections, Surveys and Assessments line item at the Fiscal Year 2017 appropriated level of $164 million and to maintain oversight of NMFS's survey activity in the Gulf of Alaska to ensure continued and regular winter and summer groundfish surveys. 2. Homeporting Coast Guard Vessels: The Kodiak Island Borough would like to emphasize that Kodiak remains the ideal location for the deployment of National Response Cutters and Offshore Patrol Cutters, and the clustering of Fast Response Cutters. Kodiak sits at the crossroads of one of the largest fisheries in the world as well as some of the busiest shipping lanes in U.S. waters. Kodiak offers unmatched geographic advantage for timely mission response and deployment to the myriad of marine incidents in the Alaska area of operation. The Borough recognizes that Kodiak Island also presents unique mission support challenges such as a constraint on housing and mooring facilities. The Borough stands ready to Kodiak Island Borough, Alaska Resolution No. FY2018-12 Page 1 of 5 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 90 work with the Coast Guard in whatever way possible to keep this location ideal for capital asset placement. Earlier this year, the Coast Guard provided Congress information on its latest vessels acquisition and deployment plans in the region. It has assigned two Offshore Patrol Cutters (360 ft.) to the Kodiak Coast Guard Base, with delivery expected to be in the 2022-23 timeframe. The agency intends to deploy and homeport six 154' Fast Response Cutters (FRC) in the Gulf of Alaska to be used for search & rescue, coastal patrol, drug interdiction, and fishery enforcement, with the first two vessels already assigned. The Coast Guard has not yet made a homeport decision on the remaining four FRCs, but a decision is likely by the end of this year. The Kodiak Coast Guard Base is a candidate for homeporting two FRCS. We request that the Delegation continue to actively monitor the Coast Guard's planning process for future deployment of new assets in the Arctic and promote Kodiak as a homeport for these new vessel classes. The Kodiak Island Borough stands ready to work with the Coast Guard in whatever way possible to keep this location ideal for capital asset placement and to obtain federal impact aid funding to support a greater Coast Guard presence in Kodiak. 3. Pink Salmon Disaster Assistance: The Borough strongly supports efforts by the Alaska Delegation to secure Federal fishery disaster assistance due to the major decline in pink salmon harvest and abundance last year. The Governor of Alaska has submitted a disaster request to the Delegation and the Secretary of Commerce earlier this year formally declared a fishery disaster in accordance with the procedures of the Magnusson -Stevens Fishery Management And Conservation Act. Pink salmon are an important commercial species for Kodiak fishermen and processors. A recent analysis by ADF&G shows that average ex -vessel value annual landings were $16.8 million for the Kodiak Management Area in the five harvest years prior to 2016, with a high of $28.8 million in 2012. In 2016, landings value dropped to $3.2 million, an 81 percent decline and one of the largest decreases in the State. This request affirms a separate resolution considered and passed by the Borough in February. 4. Payment -In -Lieu -of -Taxes (PILT): There are over 2.8 million acres removed by the Federal Government from taxation within the boundaries of the Kodiak Island Borough. This is land that would otherwise be available to the private sector to develop, creating jobs for the residents of Kodiak and the rural Kodiak Island communities. This in turn would create tax revenues for the Kodiak Island Borough. PILT was enacted by Congress to help offset the loss of revenues to municipal entities caused by federal land withdrawals within local government boundaries. The KIB uses these funds to provide basic social services, including medical facilities, emergency fire and rescue services, roads, and schools. The President's budget request proposes a 12 percent cut in PILT funding for FY 2018. Kodiak Island Borough opposes this reduction and supports full funding of PILT at its existing level of $465 million. 5. Refuge Revenue Sharing: The National Wildlife Refuge Fund is a critical source of replacement revenue to communities like ours that have the presence of a large Federal wildlife refuge within their boundaries. That presence removes substantial amounts of property from the local property tax base. The share we receive from the Fund is based on a formula that partially compensates us for our tax losses due to the existence of the Kodiak National Wildlife Refuge. Kodiak Island Borough, Alaska Resolution No. FY2018-12 Page 2 of 5 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 The Refuge is over 1.9 million acres in size and therefore has permanently removed from private ownership, development and taxation over half the property on the island. The President's FY 2018 budget request proposes to eliminate Federal appropriations for this important program. The Kodiak Island Borough opposes this termination of funding and is seeking the Alaska Delegation's assistance in providing level funding for this coming fiscal year. 6. EPA's Fishing Vessel Discharge Rule: EPA has promulgated two rules to require commercial fishermen to obtain Clean Water Act incidental discharge permits as a condition for operating both small and large fishing vessels. The permits would cover ballast water, fish hold water, anchor chain mud, deck wash/runoff, bilge pump discharge, gray or "stick" water, laundry, shower, and galley sink water. The permits require burdensome reporting, monitoring, inspections and compliance activities — all subject to heavy fines and citizen lawsuits under the Clean Water Act for what seems to be minimal environmental protection. The Congress has imposed a three year moratorium preventing EPA from implementing the Small Vessel General Permit Rule and the Vessel General Permit Rule. The moratorium is set to expire on December 19`h later this year. Legislation is pending in the House and Senate that would make the moratorium permanent. The Kodiak Island Borough is requesting that the Alaska Delegation actively support a permanent moratorium. 7. Essential Air Service & Air Traffic Control Privatization: The President's FY 2018 budget request recommends terminating appropriations for the Essential Air Service (EAS) program. Like many rural communities in Alaska and elsewhere in the nation, providing air service to Kodiak is expensive. EAS ensures that the Borough's communities receive regular air service. Without it, air carriers would either raise ticket prices above their already high levels or discontinue service altogether. We thank the Delegation for its support of EAS over the years and urge the restoration of EAS funding in the FY 2018 appropriations process. Secondly, we understand that the House is again considering legislation to reauthorize the FAA that includes formation of a privatized Air Traffic Control Services Corporation. As we noted in our 2016 Federal priorities resolution, privatization of air traffic control operations through the creation of a new corporate entity would subject rural airport NAVAIDs, personnel, and safety equipment to a business model, cost -benefit test which is unlikely to fare well compared to busier, more urban or major hub airports. Furthermore, the new corporate entity has the flexibility to raise air carrier and cargo user fees and could price rural air service providers out of the market which it might choose to do if those airports are determined to be "not profitable." The Borough urges the Delegation to oppose these provisions and the legislation in its current form. 8. U.S. Navy Arctic Presence: The U.S. National Strategy for the Arctic has been evolving. The current Arctic Roadmap adopted by the Chief of Naval Operations sets out four strategic objectives: (1) Ensuring sovereignty of the United States' Arctic region; (2) Providing ready naval forces to respond to crises and contingencies; (3) Preserving freedom of navigation; and (4) Promoting partnerships within the U.S. government and its international allies and partners. The Kodiak Island Borough understands that the Department of the Navy is currently conducting a study about whether the achievement of these objectives merits a greater Naval presence in Alaska. The Borough Assembly believes achievement of the National Strategy must include a larger Navy presence, including the establishment of Navy Kodiak Island Borough, Alaska Resolution No. FY2018-12 Page 3 of 5 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 ports -of -call in strategically located Alaskan coastal communities and possibly a full-time Navy base. Kodiak is ideally situated to serve both as a port -of -call for logistics movements and Rest -and -Recreation for deployed sailors. Additionally, the Coast Guard maintains a deep water port at Womens Bay. There is sufficient land adjacent to the Coast Guard Base which could be used for an expanded full-time Navy presence. The Assembly requests that the Alaska Congressional Delegation keep Kodiak in mind during any discussion with the Defense Department regarding the expansion of the Navy into Alaska. 9. Upper Hidden Basin Diversion Power Project -- The Upper Hidden Basin Diversion project will connect an additional water source to Kodiak Electric Association's existing Terror Lake Hydroelectric Facility, which is Kodiak's primary source of power. The new diversion consists of two small diversion dams on two small upland streams. Surface water from the diversion dam on the eastern stream would flow through a half -mile long underground pipe to the diversion dam on the western stream. From there, surface water from both diversion dams would flow by gravity through a 1.2 mile long tunnel under a mountain ridge to Terror Lake. The project also includes a four mile long spur road off of an existing road to provide access for constructing and maintaining the new diversion. Once the additional water from the Upper Hidden Basin area reaches Terror Lake, additional power can be produced with existing equipment already in operation at the Terror Lake Hydroelectric Project. No changes are needed to the existing Terror Lake dam, penstock, powerhouse, or transmission line. No new turbines or other equipment will be needed. The Upper Hidden Basin Diversion will simply optimize this existing power generation infrastructure, resulting in a more enhanced and efficient use of a local facility. The Upper Hidden Basin Diversion Project will add 33 million additional kilowatt-hours of energy to KEA's isolated electric grid. Kodiak's only other alternative to meeting Kodiak's power needs is with diesel oil. Diesel power costs over four times more than hydropower, is dependent on fuel barge shipments from outside refineries, and is subject to strict oil storage and air quality regulations. The supply of water from Upper Hidden Basin Diversion can generate the same amount of power as 2.2 million gallons of diesel per year and avoid 540 tons of nitrogen oxide and 25,500 tons of greenhouse gas pollution annually by displacing diesel for power, light, and heat. Local hydropower is a clean, long-term fixed -cost asset that remains independent of fuel supply, price volatility or pollution liabilities. Hydropower provides the lowest cost of power in Kodiak and makes Kodiak energy independent and energy secure. 10. Anton Larsen Bay Road Extension -- An extension of the Anton Larsen Bay Road to ice free waters will provide year around access to those communities located in the Kupreanof Strait as well as those who use the island's west side for commercial and recreational purposes. Extending the road to ice free waters makes traveling safer, providing access to critical services located in the City of Kodiak, including hospitals and businesses. The Ouznikie Native Corporation has agreed through its subsidiary, the Spruce Island Development Corporation, to provide $450,000 toward the project and to donate land to the State for the road's right of way. The Sun'aq Tribe of Kodiak is separately seeking Federal funding to contribute to the project. Total project cost is $8 million. We understand at some point in this Congress, there will be Kodiak Island Borough, Alaska Resolution No. FY2018-12 Page 4 of 5 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 consideration of an infrastructure investment package. We are submitting this request should there be inclusion of specific projects in the legislation and for the Delegation to highlight the need for adequate funding in the package for rural infrastructure needs. BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Kodiak Island Borough administration is hereby instructed to advise Congress and the appropriate agencies of the United States Federal Government of the Capital Improvement Program and priorities adopted by the Kodiak Island Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska ATTEST: Nova M. Javier, MMC, Clerk Resolution No. FY2018-12 Page 5 of 5 1 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 Introduced by: Borough Manager Drafted by: Special Projects Support Introduced on: 11/02/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2018-16 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2018 LEGISLATIVE SESSION WHEREAS, the Kodiak Island Borough represents approximately 14,000 residents of the Kodiak Island Archipelago living in six incorporated cities and one community governed by a tribal council government; and WHEREAS, a Borough—wide capital improvement program has been adopted by the Kodiak Island Borough Planning & Zoning Commission which identifies major needs of the island community for the next five years; and WHEREAS, the Kodiak Island Borough Assembly has reviewed the borough -wide capital improvement program adopted by the Planning & Zoning Commission and identified major projects to submit to the Alaska Governor and State Legislative Delegation for funding consideration; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's State Legislative capital improvement project priorities for the 2018 legislative session are as follows: 1. Safe Pedestrian Access to Kodiak Schools Estimated Project Cost $1,300,000 State Funding Request $1,300,000 Poor visibility of crosswalks in school zones is a safety hazard! Local weather and traffic degrade the paint on crosswalks; and pedestrians waiting to cross are often difficult to see due to the long season of dark days, inclement weather, and busy traffic at popular intersections. Rezanof Drive is a state owned roadway and is the main road through the City of Kodiak. Pedestrians needing to cross this road to access schools that include Kodiak Middle School, Main Elementary School, East Elementary School and Kodiak College must wait for a break in traffic or for motorists to notice their intent to cross and stop to allow the crossing. The Kodiak Island Borough, Alaska Resolution No. FY2018-16 Page 1 of 4 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 90 91 92 93 Kodiak Island Borough is requesting funding for AKDOT to purchase and install lighted automated crosswalks at intersections of Rezanof Drive and Powell Street, and Rezanof Drive and Benny Benson Street to increase pedestrian safety near schools located along Rezanof Drive. 2. Safe Pathways to North Star Elementary School Estimated Project Cost $1,500,000 State Funding Request $1,500,000 Northstar Elementary School is located on a hill amongst several residential neighborhoods. Many roads connecting the neighborhoods around the school are narrow, steep, and winding dirt roads without sidewalks or separated pathways to keep pedestrians safe from vehicular traffic. The Kodiak Safe Routes to Schools Plan (2013) describes a need for separated pathways or trails to connect the residential neighborhoods to the school. This project would provide separated gravel pedestrian pathways along Lily Drive and Anton Way. 3. East Elementary Traffic Flow Improvements Estimated Project Cost State Funding Request $2,000,000 $2,000,000 There is a safety issue in the East Elementary School parking lot. The school was constructed in 1966 with a substantial addition in 1988. The facility now totals 39,842 square feet with twenty-five teaching stations. Since the expansion, increased traffic flows have created dangerous vehicle/student hazards when students are entering and leaving school. Reconfiguration of the parking area will reduce risks by providing for a safer separation of pedestrians, small vehicle traffic and bus loading/unloading. The project will require an increase in the total area of the parking lot by expanding into neighboring Borough -owned land to allow adequate parking to support increased building usage and occupant load. 4. Drainage Improvements to the Chiniak Highway at Sargent Creek Estimated Project Cost $150,000 State Funding Request $150,000 Heavy rains along with high tides consistently cause Sargent Creek to flood and diverge from its channel. This causes flooding at the intersection of the Chiniak Highway and Sargent Creek Road. Recent heavy rain events have necessitated intermittent closure of the intersection due to water on the roadway deep enough to disable vehicle engines. This intersection is the only roadway in and out of Bells Flats subdivision. The flooding occurring here impedes safe travel and often leaves motorists stranded and unable to reach homes or critical services located in town. This request is to provide the DOT in Kodiak funding to construct spot improvements for bank stabilization, armoring, and rechanneling as needed to keep the Sargent Creek in its channel and stop the flooding of the roadway. 5. City of Akhiok Power Transmission Line Replacement Estimated Project Cost Kodiak Island Borough, Alaska $65,000 Resolution No. FY2018-16 Page 2 of 4 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 State funding request: $65,000 The school in the community of Akhiok is not only the education center but also the hub of this small community. The main power distribution line from the school's transformer to the City of Akhiok's main power grid has failed. This distribution line is a 750 foot run of 1/0 direct buried concentric exposed neutral line from the main grid to the transformer. The line has been temporarily repaired but could fail again in another area at any time due to its age and condition. The City has received rough estimated prices for replacement of the line to be $50,000 to $60,000, not including transportation, lodging, or equipment rental for the repair crew to the village. When this transmission line fails again the school will be forced to supply power through their onsite stand-by generators. If the School is required to do this they will have to use the only fuel they have for heating to run the generators full time. If they were to have to do this in the winter they would need to fly fuel into the village at a cost of over $8 a gallon. The Kodiak Island Borough is requesting funding assistance to the City of Akhiok to replace the power transmission line to the school in order to continue essential power service at a reasonable price to the community. 6. Monashka Bay Water and Sewer Project Phase I: Feasibility & Assessment Survey Estimated Project Cost $500,000 State Funding Request $500,000 There are 256 residential parcels that lie outside the reach of the existing sanitary sewer and public water utilities in the Monashka Bay area. The soil and topography in this area are not ideal for septic systems and many are failing. The construction of a wastewater treatment facility at the Kodiak landfill provides an option for future expansion that could include sanitary sewer treatment for the residents of this area. Water in this neighborhood is provided by wells, cisterns and frequently by tank from a distant public source. Water quality and quantity are questionable in the Monashka Bay neighborhood. Extension of water service from the City of Kodiak will be needed. A feasibility study, planning and design is the first step in providing water and sewer services to the residents of the Monashka Bay area. 7. Service Area Road Improvements and Paving Estimated Project Cost State Funding Request $7,500,000 $7,500,000 This project addresses the on-going need to improve portions of Borough Service Area roads. There are approximately 26 miles of road among four Road Service Areas that connect residential neighborhoods with the greater Kodiak community. Paving projects will address main thoroughfares or busy neighborhood roads. Improvements to major drainage courses, installation of guard rails, and other identified road improvement needs may also be addressed with this funding. Local contributions to road improvements may be funded through local improvement districts where those in the district are taxed a proportion of the project cost. Priorities will be given based on recommendations made by the elected service area boards. Current priorities include milling and repaving Bells Flats Road, and raising the entrance to Sargent Creek Road along with installing a discharge culvert to avoid problematic flooding at the intersection of this road with the Chiniak Highway in the Womens Bay Road Service Area. Priorities in (Road) Service Area No. 1 include replacement of corroding corrugated metal culverts along Puffin Way and Sean Circle with high density polyethylene culverts; Kodiak Island Borough, Alaska Resolution No. FY2018-16 Page 3 of 4 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 prep and paving of Woodland Acres roads; prep and paving of Lily Drive to Balika Lane, Balika Lane, Ed's Way and Eider Street. 8. Anton Larsen Bay Road Extension to Ice Free Water Estimated Project Cost $8,450,000 Funding Acquired 450,000 State Funding Request $8,000,000 An extension of the Anton Larsen Bay Road to ice free waters will provide year around access to communities located in the Kupreanof Strait as well as those who use the island's west side for commercial and recreational purposes. Many times during the year travel by vessel to and from Kodiak is treacherous. Extending the road to ice free waters makes traveling safer, and provides safer access to critical services located in the City of Kodiak including hospitals and businesses. This route was identified in the Kodiak Transportation Plan as an important upland facility. The Ouzinkie Native Corporation subsidiary, Spruce Island Development Corporation (SIDCO) received a $450,000 legislative grant for planning and design to construct two miles of gravel road extending the Anton Larsen Road and to construct a parking area and boat launch ramp at the road's termination, a beach near Crag Point. Funding is requested to the Department of Transportation and Public Facilities for construction of this road as it is an extension of an existing state roadway. The land owner, Ouzinkie Native Corporation, has agreed to donate ownership of the road right-of-way to the State when construction funding is obtained. Section 2: The Kodiak Island Borough administration is hereby instructed to advise our State of Alaska Governor and Legislative Delegation of the Capital Improvement Projects Priority List adopted by the Kodiak Island Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: DAY OF 2017. ATTEST: Nova M. Javier, MMC, Clerk Kodiak Island Borough, Alaska Resolution No. FY2018-16 Page 4 of 4 Kodiak Island Borough Assembly Regular Meeting Guidelines November 2, 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. 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES — None. 6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) PLEASE ANNOUNCE: Public hearing will be held later on the agenda. Citizens comments are for general comments and for items that are NOT scheduled for public hearing. 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. 10 Million Bond Projects Update - Bob Tucker, Engineering and Facilities Department Director 8. COMMITTEE REPORTS Kodiak Island Borough Assembly Guidelines November 2, 2017 Page 1 9. PUBLIC HEARING A. Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, Fiscal Year 2018 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. FY2018-01 A. 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 THE MOTION. B. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3 - Multifamily Residential District To R1 -Single -Family Residential District (P&Z Case No. 18-002). Recommended motion: Move to adopt Ordinance No. FY2018-32. 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 THE MOTION. Kodiak Island Borough Assembly Guidelines November 2, 2017 Page 2 C. Ordinance No. FY2018-10 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.100 Boards, Committees, and Commissions. Recommended motion: Move to adopt Ordinance No. FY2018-10. Staff Report — Borough Clerk. 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. Recommended motion: Move to amend Ordinance No. FY2018-10 to approve the reestablishment of the following committees The following committees will be dissolved. Assembly discussion to FOCUS on the amendment only. ROLL CALL VOTE ON MOTION TO AMEND. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED. D. Ordinance No. FY2018-11 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.17 Rules Of The Assembly, Section 2.30.020 General Rules To Allow Participation By Assembly Members By Teleconference During Meetings. Recommended motion: Move to adopt Ordinance No. FY2018-11. Staff Report — Borough Clerk. 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 THE MOTION. Kodiak Island Borough November 2, 2017 Assembly Guidelines Page 3 E. Ordinance No. FY2018-12 Amending Title 2 Administration And Personnel Chapter 2.30 Rules Of The Assembly Section 2.30.030 Types Of Meetings To Allow The Assembly To Set And Adopt Its Meeting Calendar For The Following Year By Resolution Recommended motion: Move to adopt Ordinance No. FY2018-12. Staff Report — Borough Clerk. 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 THE MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Reorganization of the Kodiak Island Borough Assembly 1. Election of the Deputy Presiding Officer. Recommended motion: Move to nominate Deputy Presiding Officer. Staff Report — Borough Clerk. Assembly discussion. ROLL CALL VOTE ON THE MOTION. as Kodiak Island Borough Assembly Guidelines November 2, 2017 Page 4 B. Contracts 1. Contract FY 2018-13 Between Jere's Tree Service And Kodiak Island Borough For The Gathering Of Timber In The Chiniak Burn Area. Recommended motion: Move to approve Contract FY2018-13 and refer the matter to the Manager to complete negotiations for the timber sale contract. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION. C. Resolutions 1. Resolution Resolution No. FY2018-12 Identifying Federal Program Priorities And A Capital Improvement Program For The Federal Fiscal Year 2018. Recommended motion: Move to adopt Resolution No. FY2018-12. Clerks Note: Attached on _ paper is the corrected version of the resolution based on the discussions at the last work session. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 2. Resolution No. FY2018-16 Adopting A State Legislative Capital Improvement Projects Priority List For The 2018 Legislative Session. Recommended motion: Move to adopt Resolution No. FY2018-16. Clerks Note: Attached on YELLOW paper is the corrected version of the resolution based on the discussions at the last work session. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION. Kodiak Island Borough Assembly Guidelines November 2, 2017 Page 5 3. Resolution No. FY2018-14 Specifying The Circumstances And Parameters That Are Permissible For Teleconference Participation Of The Mayor And Assembly Members. Recommended motion: Move to adopt Resolution No. FY2018-14, version 3. Staff Report — Borough Clerk. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 4. Resolution No. FY2018-15 Authorizing the Kodiak Island Borough Bayside Fire Department To Submit An Application To The Assistance To Firefighters Grant Program. Recommended motion: Move to adopt Resolution No. FY2018-15 Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION. C. Ordinances for Introduction — None. D. Other Items 1. Assembly Appointment To The Bay View Road Service Area Board (Mr. Reed Oswalt). Recommended motion: Move to confirm the Assembly appointment of Mr. Reed Oswalt to the Bay View Road Service Area Board for a term to expire October 2020. Staff Report — Borough Clerk. Assembly discussion. ROLL CALL VOTE ON THE MOTION. Kodiak Island Borough Assembly Guidelines November 2, 2017 Page 6 2. Declaring A Seat Vacant On the Mission Lake Tidegate Service Area Board (Mr. Robert Hoedel). Recommended motion: Move to declare the seat held by Mr. Robert Hoedel vacant on the Mission Lake Tidegate Service Area Board and direct the Clerk to advertise the vacancy per Borough Code. Staff Report — Borough Clerk. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 3. Letter Of Support For The Low Income Housing Tax Credit Housing Application Submitted By Swell, LLC. Recommended motion: Move to approve letters of support for a Low Income Housing Tax Credit Housing Application submitted by Swell, LLC. Staff Report — Manager Powers. Assembly discussion. Clerk's note: Assembly member Crow wishes to make an amendment to the third paragraph of the letters as reflected below: set aside for those with a disability and those tnat are homeless. low income Kodiak is in need of affordable housing. For low income families and families with a household member having a disability, adding additional affefdabie housing stock in Kodiak could mean the difference between families remaining housed versus families becoming homeless. ROLL CALL VOTE ON THE AMENDMENT ROLL CALL VOTE ON THE 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 Kodiak Island Borough Assembly Guidelines November 2, 2017 Page 7 15. ASSEMBLY MEMBERS' COMMENTS Announcements The Assembly will meet with the City Council at a joint work session on Wednesday, November 8 at 7:30 p.m. at the Public Library. The Assembly will hold a work session on Thursday, November 9, 2017 at 6:30 p.m. in the School District Conference Room. The regular meeting scheduled for Thursday, November 16 has been canceled due to the Mayor and Assembly members attending the Alaska Municipal League Conference in Anchorage, Alaska November 14-17, 2017. The next regular meeting is scheduled on Thursday, December 7, 2017 at 6:30 p.m. in the Borough Assembly Chambers. The Borough offices will be closed Friday, November 10 in observance of Veterans Day. The Borough Clerk's Offices will be closed Monday, November 13 thru Wednesday, November 15 to attend the Annual Alaska Association of Municipal Clerks Conference. 16. 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. 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The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, December 07, 2017, At 6:30 p.m. In The Borough Assembly Chambers. ADOPTED Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, Fiscal Year 2018 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. POSTPONED Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Multifamily Residential District To R1-Single-Family Residential District (P&Z Case No. 18-002) To The Next Regular Meeting Of The Assembly And Hold Second Public Hearing. AMENDED, ADOPTED Ordinance No. FY2018-10 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.100 Boards, Committees, and Commissions. FAILED Ordinance No. FY2018-11 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel Chapter 2.17 Rules Of The Assembly, Section 2.30.020 General Rules To Allow Participation By Assembly Members By Teleconference During Meetings. ADOPTED Ordinance No. FY2018-12 Amending Title 2 Administration And Personnel Chapter 2.30 Rules Of The Assembly Section 2.30.030 Types Of Meetings To Allow The Assembly To Set And Adopt Its Meeting Calendar For The Following Year By Resolution. APPROVED Contract FY 2018-13 Between Jere's Tree Service And Kodiak Island Borough For The Gathering Of Timber In The Chiniak Burn Area. AMENDED, ADOPTED Resolution No. FY2018-12 Identifying Federal Program Priorities And A Capital Improvement Program For The Federal Fiscal Year 2018. AMENDED, ADOPTED Resolution No. FY2018-16 Adopting A State Legislative Capital Improvement Projects Priority List For The 2018 Legislative Session. NO MOTION WAS MADE Regarding Resolution No. FY2018-14 Specifying The Circumstances And Parameters That Are Permissible For Teleconference Participation Of The Mayor And Assembly Members. This Was Not Discussed Due To The Failure Of Ordinance No. FY2018-11. ADOPTED Resolution No. FY2018-15 Authorizing the Kodiak Island Borough Bayside Fire Department To Submit An Application To The Assistance To Firefighters Grant Program. CONFIRMED the Assembly Appointment Of Mr. Reed Oswalt To The Bay View Road Service Area Board. View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough DECLARED The Seat Held By Mr. Robert Hoedel On the Mission Lake Tidegate Service Area Board For A Term To Expire December 2019 Vacant And DIRECTED The Borough Clerk To Advertise The Vacancy Per Borough Code. APPROVED The Letter Of Support For The Low Income Housing Tax Credit Housing Application Submitted By Swell, LLC. ELECTED Assembly Member Rebecca Skinner As The Deputy Presiding Officer.