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2017-12-21 Regular MeetingPage Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, December 21, 2017, 6:30 p.m., Assembly Chambers 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non- controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. *APPROVAL OF MINUTES 6-27 A. *Regular Meeting Minutes Of September 7, September 21, and October 4, 2017. Minutes 6. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) A. Agenda Items Not Scheduled For Public Hearing And General Comments 7. AWARDS AND PRESENTATIONS 8. COMMITTEE REPORTS 9. PUBLIC HEARING 28-73 A. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3 -Multifamily Residential District To R1 -Single -Family Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough © KodiakBorou h www.kodiakak.us @ 9 Page 1 of 424 Residential District (P&Z Case No. 18-002). Ordinance No. FY2018-32 and Back-up - Pdf 74-103 B. State of Alaska Alcohol and Marijuana Control Office Liquor License Transfer of Controlling Interest For Safeway Liquor Store #2522 FROM Albertsons Companies, LLC TO Albertsons Companies, Inc. Output Document (AS - 0727) - Pdf City of Kodiak174 LGB Notice Concerns Liquor License 174 Store #2522 104-140 C. State of Alaska Alcohol and Marijuana Control Office Liquor License Transfer Of Controlling Interest For Safeway Liquor Store #1090 FROM Albertsons Companies, LLC TO Albertsons Companies, Inc. Output Document (AS - 0726) - Pdf City of Kodiak 2509 LGB Notice from AMCO 10. BOROUGH MANAGER'S REPORT 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 141 -146 1. Contract No. FY2018-16 Underground Storage Tank Replacement - 3 Schools (Main Elementary, Old Harbor School and Port Lions School). Output Document (AS - 0721) - Pdf 147-152 2. Contract No. FY2018-19 Paving and Underground Storage Tanks - 2 Schools (Kodiak Middle School and Peterson Elementary). Output Document (AS - 0723) - Pdf 153-159 3. Contract No. FY2018-20 East Elementary Renovation Phase II. Output Document (AS - 0724) - Pdf 160-208 4. Contract No. FY2018-21 Update To The Building Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough@KodiakBorough @Kodiak8orough www.kodiakakkus ID Page 2 of 424 .,"A Inspection Program Memorandum Of Agreement Between The Kodiak Island Borough And The City Of Kodiak Building Inspection MOA - Pdf KIB-COK Building Inspections FY16 & FY17.. Memo from AO Roberts Re MOA with CitV of Kodiak B. Resolutions 209-219 1. Resolution No. FY2018-21 A Joint Resolution Of The Kodiak Island Borough Assembly And City Of Kodiak Council Documenting The Kodiak Fisheries Work Group's Scope And Authority. Output Document (AS - 0731) - Pdf Resolution No. FY2018-21 KFWG Scope and Authority Amendment V2 220-222 2. Resolution FY2018-17 Extending The Lease For The Providence Kodiak Island Counseling Center To Allow Adequate Time To Negotiate And Sign A New 3 -Year Lease. Output Document (AS - 0713) - Pdf 223-239 3. Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Killarney Hills Subdivision, Surplus To Public Need, Approving Disposal Of These Properties Upon Adoption Of A Master Plan And Authorizing Staff To Undertake The Preparation Of A Master Plan. Output Document (AS - 0709) - Pdf C. Ordinances for Introduction D. Other Items 240-248 1. Mayoral Appointments Of Assembly Member Representatives To Different Boards, Committees, Commissions, And Councils; and Assembly Representatives To The Different Cities, Communities, and Villages. Output Document (AS - 0711) - Pdf 249-258 2. Confirmation of the Annual Mayoral Appointments to the Various Boards, Committees, and Commissions. Output Document (AS - 0712) - Pdf 259-262 3. Confirmation of the Assembly Appointment to the Mission Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough © @KodiakBorough www.kodiakak.us Page 3 of 424 Lake "Tidegate" Service Area Board (Mr. Craig Johnson). Output Document (AS - 0728) - Pdf 263-267 4. Confirmation of the Assembly Appointments to the Citizens Board of Equalization. (Ms. Paula Laird & Mr. John Parker) Output Document (AS - 0729) - Pdf 268-274 5. Alaska Research Consortium Request for Funding Alaska Research Consortium Request for Funding - Pdf 275-276 6. 'Approval of the Kodiak Island Borough Assembly 2018 Meeting Schedule Output Document (AS - 0663) - Pdf 277-399 7. Approving Memoranda Of Understanding For Non -Profit Funding Output Document (AS - 0705) - Pdf MOU Attachments 400-403 8. Approval Of A 2018 Gulf Of Alaska Pacific Cod Fishery Disaster Declaration Letter Addressed to Governor Bill Walker. Output Document (AS - 0733) - Pdf 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 404-417 1. Fire Protection Area No. 1 Board Regular Meeting Minutes Of October 24, 2017; Planning And Zoning Commission Regular Meeting Minutes Of October 25, 2017; Solid Waste Advisory Board Regular Meeting Minutes Of October 9, 2017; And Womens Bay Service Area Board Regular Meeting Minutes Of November 7, 2017. Minutes B. Reports Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough@KodiakBorough @KodiakBorough www.kodiakak_us In Page 4 of 424 418-424 1. November 2017 Projects Reports, Project Budget Status, Change Orders Report, Project And Contingency Budget Detail Reports, and Bonds Project Report. November 2017 Project Reports 2. The October 2017 Short Report is available online at http://ak- kodiak.civicplus.com/DocumentCenter/HomeNiew/229 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough © @KodiakBorough www.kodiakakus Page 5 of 424 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting September 7, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on September 7, 2017, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Larry LeDoux, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matt Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Karen Siador. LEDOUX moved to excuse Assembly member Crow and Skinner who were absent due to personal leave or personal circumstances. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Rebecca Skinner was detained due to a flat tire and she arrived shortly after she was excused. APPROVAL OF AGENDA AND CONSENT AGENDA VAN DAELE moved to approve the agenda and consent agenda. VAN DAELE moved to amend the agenda to address item 9b before item 9a. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY. APPROVAL OF MINUTES The regular meeting minutes of July 20, 2017 and August 3, 2017, and the special meeting minutes of July 11, 2017 were approved under the consent agenda. CITIZENS' COMMENTS Lorna Arndt spoke about a perceived conflict of interest in regards to Assembly member Van Daele. Judi Kidder thanked the Assembly and the Kodiak community for their help during the Bells Flats flooding over the weekend. She also talked about the beginning of the school year. AndV Finke thanked the Borough with their help during the flooding at Bells Flats. Kodiak Island Borough September 7, 2017 Assembly Regular Meeting Minutes Page 1 of 8 'Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 6 of 424 AGENDA ITEM #5.A. Tasha Simpler expressed her ideas about the safe crosswalk for the pedestrians. Jeff Stewart spoke about his opposition in regards to repealing the senior exemption. Alan Schmidt as President of the Board of the Hospice and Palliative Care of Kodiak thanked the Assembly for their future help for their organization. Barbara Zimmerman spoke about her opposition in regards to repealing the senior exemption. Bernadette Deplazes thanked the Assembly for their help during the flooding at Leta Street. She also said that the senior exemption should be kept. Jonathan Strong with the Kodiak Area Mental Program spoke about the non-profit funding and gave further detail about what their organization do and how their camp can help the community. He also thanked the Assembly for their support. AWARDS AND PRESENTATIONS Finance Director Dora Cross, provided a brief presentation on the FY2017 Budget -To -Actual Year -End Review. COMMITTEE REPORTS None. PUBLIC HEARING Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) and 17 (Zoning) Broadening Animal Control Laws, Creating An Urban Agricultural Use And Establishing The Use As Permitted In The R1 -Single -Family Residential, R2 -Two -Family Residential, and R3 -Multi -Family Residential Zoning Districts, And Establishing General Agricultural Activities As A Permitted Use In The RR -Rural Residential Zoning District. VAN DAELE moved to adopt Ordinance No. FY2018-03 Ordinance No. FY2017-17 was passed in October 2016, placing a moratorium on the enforcement of land use regulations prohibiting the keeping of chickens and other small animals useful to people. P&Z and staff were directed to review Titles 6 and 17 and provide proposed changes to the Assembly. Several P&Z work sessions (February, March, June, and July) and two public meetings (March and May) had been held to discuss urban agriculture in Kodiak. After a public hearing in July, P&Z voted to forward Ordinance No. FY2018-03 to the Assembly for consideration and approval. Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2017 Page 2 of 8 *Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 7 of 424 AGENDA ITEM #5.A. Based on discussion at the Assembly's work session on August 10, 2017, staff had made minor modifications to the proposed ordinance in relation to "domesticated animals". These changes were highlighted on the updated ordinance document and were incorporated at the August 17th meeting. VAN DAELE moved to amend Ordinance FY2018-03 using Version 2 of the Ordinance to insert the following statements after the g'h "Whereas" Statement: "WHEREAS, the Kodiak Archipelago, including our residential areas, is recognized as being a success story for human coexistence with Kodiak brown bears, and WHEREAS, for the continued safety of our residents and neighborhoods it is essential for human -created attractants to bears (such as livestock pens) be properly secured and maintained; and" and to amend line 125 to replace the words "adverse impacts" with "threats". SKINNER moved to split the amendment to address the amendment to line 125 separately. ROLL CALL VOTE TO SPLIT THE AMENDMENT CARRIED FIVE TO ONE: LeDoux, Skinner, Symmons, Townsend, and Van Daele (Ayes); Smiley (No). ROLL CALL VOTE ON THE FIRST AMENDMENT CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, and LeDoux. ROLL CALL VOTE ON THE MOTION TO AMEND LINE 125 FAILED ONE TO FIVE: Symmons (Ayes); Smiley, Townsend, Van Daele, LeDoux, and Skinner (Noes). Mayor Rohrer opened the public hearing. Judi Kidder said that electric fences should not be mandatory and should be on a case by case basis. She also differentiated between adverse impacts and threats. Kathleen Aboussleman spoke about past zoning issues in her neighborhood on Shahafka. She also expressed her opposition regarding Ordinance FY2018-03 and how bears were never a threat to their chickens unlike the eagles. Nate Svoboda addressed the Ordinance FY2018-03 and strongly encouraged the Assembly to adopt the use of electric fences and he discussed bear behaviors. He also mentioned that the Department of Fish and Game was willing to help the community determine which electric fences to use. Jeff Stewart encouraged the Assembly to take electric fences in to heavy consideration before passing Ordinance FY2018-03. Joe Macinko spoke about an early season bear hunt on the road system that was suggested by his friend and also stated that electric fences would not keep everyone safe. Wayne Aboussleman expressed his opposition to Ordinance FY2018-03. He stated that Bears were not a problem to his chickens, but bears getting in to the trash were a problem. Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2017 Page 3 of 8 'Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 8 of 424 Larry Van Daele thanked the Assembly for giving him the 311' work session. He said that he supports sustainable fencing was the most effective way to keep bears from should not be required. AGENDA ITEM #5.A. opportunity to speak at their August Kodiak. He also said that electric attacking small livestock, but that it Chris Ford, owner of Bells Flats Poultry said that electric fencing should be up to the owners' discretion and should also be on a case by case basis. Barbara Zimmerman was opposed the idea of Ordinance to No. FY2018-03 mandating everyone to have electric fences for their chickens. Malina Holmes she spoke about her opposition to Ordinance FY2018-03 and said that electric fences should not be mandatory. Samantha Aboussleman said that she never had issues with her chickens being attacked by bears. Mayor Rohrer closed the public hearing and reconvened the meeting. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele, LeDoux, Skinner, and Smiley. 2. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By Adding Chapter 17.77 KIBC (RSL -Residential Small Lot Single -Family District). TOW NSEND moved to adopt Ordinance No. FY2018-02. The Borough had noted a growing public awareness of the need for additional housing options in Kodiak. Allowing development of single-family dwellings on smaller lots in the Borough may be one part of a regulatory solution to address this multi -faceted issue. Current Title 17 KIBC (Zoning) requires a minimum lot area of 7,200 square feet in those urban residential zoning districts that allow development of single-family dwellings (R1 -Single Family Residential, R2 -Two -Family Residential, and R3 -Multifamily Residential Districts). Staff research shows that 3,600 square foot lots are capable of accommodating such development while providing sufficient yard setbacks and off-street parking. Given this information, creating a new urban residential zoning district that allows the development of single-family dwellings on smaller lots will reduce associated land costs and encourage construction of smaller housing types in that new district. Accordingly, the public necessity, convenience, and general welfare of the community will be better served by amending Title 17 KIBC (Zoning) to include a new zoning district that specifies the regulatory requirements for development of single-family dwellings on smaller lots in the Borough. Since October 7, 2015, the Planning and Zoning Commission held 13 work sessions and 3 public hearings on the proposed amendment. Following a public hearing held during the May 17, 2017 regular meeting, the Planning and Zoning Commission voted unanimously to recommend that the Assembly approve the provided ordinance. Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2017 Page 4 of 8 "Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 9 of 424 AGENDA ITEM #5.A. Mayor Rohrer opened the public hearing Paul VanDvke thanked Mayor Rohrer and Mark Anderson. He also expressed his approval of the Ordinance FY2018-02. Jeff Stewart noted that he felt Ordinance FY2018-02 was a good idea, but was concerned about sewage capacity and some areas of the community that were not built for high density residential zoning. He also asked the Assembly to take the Ordinance FY2018-02 into consideration. Mayor Rohrer closed the public hearing and reconvened the meeting. Mayor Rohrer re -opened the public hearing. Scott Arndt spoke in opposition to Ordinance FY2018-02. He said that it was not designed for spot zoning throughout the district and not all lots were built for high density population. Judi Kidder suggested that an option would be to reduce the minimum lot size but that the RSL zoning district should stand alone as it is. Mayor Rohrer closed the public hearing and reconvened the meeting. SMILEY moved to amend Ordinance No. FY2018-02 to RR1 and RR from the application. SMILEY moved to withdraw his motion. VOICE VOTE ON MOTION TO WITHDRAW MOTION CARRIED UNANIMOUSLY. VAN DAELE moved to postpone Ordinance No. FY2018-02 to the September 21 regular meeting of the assembly and to hold a second public hearing at that time. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Van Daele, LeDoux, Skinner, Smiley, and Symmons (Ayes); Townsend (No). BOROUGH MANAGER'S REPORT • Talked to the lobbyist regarding hurricanes Harvey and Irma and the salmon disaster. • Bells flats' flooding was controlled for the present. • Bayside Fire Department received an Aid to Firefighters Grant. • Rural forum would be coming up in two weeks. • Working with the hospital regarding a sublease agreement. • Employees on personal and sick leave. • Met with new business representative for the union represented employees. MESSAGES FROM THE BOROUGH MAYOR - None UNFINISHED BUSINESS — None. Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2017 Page 5 of 8 *Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 10 of 424 AGENDA ITEM #5.A. NEW BUSINESS Contracts Amendment No. 2 to Counseling Center Lease Agreement Extending the Current Lease Through December 31, 2017 SKINNER moved to authorize the Manager to sign Amendment No. 2 to Counseling Center Lease Agreement Extending the Current Lease Through December 31, 2017. On April 6, 2017 the Assembly authorized a 90 day extension of the lease agreement with Providence Health & Services for occupation of the Borough owned building space known as the Counseling Center. Borough and Providence staffs have been unable to meet for discussion of facility needs and terms for a new lease agreement and respectfully requested a further extension of the existing lease through December 31, 2017. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ledoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. Resolutions Resolution No. FY2018-11 Approving FY18 Kodiak Island Borough Non -Profit Funding VAN DAELE moved to approve Resolution No. FY2018-11. The Assembly appropriated $40,000 in the FY18 budget for small competitive grants to non- profit organizations. This resolution distributes non-profit funding according to the August 31, 2017 work session discussion. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, and LeDoux. Ordinances for Introduction Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And Finance, Chapter 3.80 Excise Tax on Cigarettes And Other Tobacco Products, By Adding Subsection 3.80.010C Authority; And By Moving Sections 3.80.050 to 3.80.070 To Title 5, Business Licenses And Regulations, Creating Chapter 5.03 Tobacco Licenses. Ordinance No. FY2018-04B was approved under the consent agenda. Upon further review of the ordinance, the following changes were being recommended: 1) add section 3.80.010C Authority which was inadvertently left out of the original ordinance. 2) create a new chapter, 5.03 Tobacco Licenses in Title 5: Business Licenses & Regulations 3) move the sections regarding licensing, section 3.80.50 and 3.80.060, from Title 3 Revenue and Finance to Title 5, Chapter 5.03 Tobacco Licenses 4) create a copy of section 3.070 Refund of Tax or License Fee and include it under Chapter 5.03 Tobacco Licenses as section 5.03.030. Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2017 Page 6 of 8 'Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 11 of 424 AGENDA ITEM #5.A. Other Items None. CITIZENS' COMMENTS Jonathan Strong thanked the Assembly for their support in regards to the Resolution FY2018- 11. Jeff Stewart spoke about the Ordinance FY2018-02 and expressed his suggestions. ASSEMBLY MEMBERS' COMMENTS Announcements Mayor Rohrer announced that the Assembly would hold a joint work session with the City of Kodiak on Wednesday, September 13, 2017 at 7:30 p.m. in the City Public Library and a regular work session on Thursday, September 14, 2017 at 6:30 p.m. in the School District Conference Room. The next regular meeting was scheduled on Thursday, September 21, 2017 at 6:30 p.m. in the Borough Assembly Chambers. He reminded the public that absentee voting for the upcoming election would be available in the Clerk's Office starting on Monday, September 18 until Monday, October 2nd from 10 a.m. to 4 p.m. Assembly member Townsend appreciated the discussion. Assembly member Symmons thanked the citizens who show up regularly and also the staff exercising their citizens' rights. Assembly member LeDoux thanked the manager for his leadership during the flooding. He said that the Community requires leadership and appreciated what the Borough did over the weekend. He also talked about writing a letter to our Senators to not forget Kodiak when they start to allocate disaster funds. He also appreciated people who took time to slow done during school zone. Assembly member Skinner announced that there would be a joint work session with the City Council on September 131h and she encouraged the public to speak about ADUs. Assembly member Van Daele appreciated the public speaking in regards to the flooding and also expressed his sympathy to the affected citizens. ADJOURNMENT TOWNSEND moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 9:28 p.m. Kodiak Island Borough September 7, 2017 Assembly Regular Meeting Minutes Page 7 of 8 'Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 12 of 424 ATTEST: AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough September 7, 2017 Assembly Regular Meeting Minutes Page 8 of 8 'Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 13 of 424 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting September 21, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on September 21, 2017, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Deputy Clerk Laurie Pardoe, and Assistant Clerk Karen Siador. SYMMONS moved to excuse Assembly member LEDOUX who was absent due to travel for the Kodiak Island Borough School District. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA VAN DAELE moved to approve the agenda and consent agenda. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES The regular meeting minutes of August 17, 2017 and special meeting minutes of August 31, 2017 were approved under the consent agenda. CITIZENS' COMMENTS None. AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS Fire Chief Howard Rue presented a 6 month report for the Bayside Fire Department. Assembly member Crow reported about Kodiak Fisheries Work Group. He also stated that Assembly member Matt Van Daele had resigned due to personal work demands. Kodiak Island Borough Assembly Regular Meeting Minutes September 21, 2017 Page 1 of 7 'Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 14 of 424 AGENDA ITEM #5.A. Assembly member Skinner said the Parks and Recreation Committee meeting scheduled earlier this week was canceled due to lack of quorum. Their next meeting will be on September 26 at 6:30 p.m. and the Kodiak College Advisory Council will hold a meeting on October 19 at 7 a.m. at the Kodiak College. Mayor Rohrer announced that the Borough Lands Committee meeting will be held on October 4`h at noon. PUBLIC HEARING Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And Finance, Chapter 3.80 Excise Tax on Cigarettes And Other Tobacco Products, By Adding Subsection 3.80.010C Authority, And By Moving Sections 3.80.050 to 3.80.070 To Title 5, Business Licenses And Regulations, Creating Chapter 5.03 Tobacco Licenses. TOWNSEND moved to adopt Ordinance No. FY2018-04B. Upon further review of the ordinance, the following changes were being recommend: 1) add section 3.80.010C Authority which was inadvertently left out of the original ordinance. 2) create a new chapter, 5.03 Tobacco Licenses in Title 5: Business Licenses & Regulations 3) move the sections regarding licensing, section 3.80.50 and 3.80.060, from Title 3 Revenue and Finance to Title 5, Chapter 5.03 Tobacco Licenses 4) create a copy of section 3.070 Refund of Tax or License Fee and include it under Chapter 5.03 Tobacco Licenses as section 5.03.030. Mayor Rohrer opened the public hearing. Hearing and seeing none Mayor Rohrer closed the public hearing and reconvened the meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Crow, Skinner, Smiley, Symmons, Townsend, and Van Daele. 2. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By Adding Chapter 17.77 KIBC (RSL -Residential Small Lot Single -Family District). The motion already on the floor was "to adopt Ordinance No. FY2018-02." This ordinance was postponed to September 21 from the September 7 meeting. The Assembly also decided to hold another public hearing on this ordinance. The Borough had noted a growing public awareness of the need for additional housing options in Kodiak. Allowing development of single-family dwellings on smaller lots in the Borough may be one part of a regulatory solution to address this multi -faceted issue. Kodiak Island Borough Assembly Regular Meeting Minutes September 21, 2017 Page 2 of 7 'Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 15 of 424 AGENDA ITEM #5.A. Current Title 17 KIBC (Zoning) requires a minimum lot area of 7,200 square feet in those urban residential zoning districts that allow development of single-family dwellings (R1 -Single Family Residential, R2 -Two -Family Residential, and R3 -Multifamily Residential Districts). Staff research shows that 3,600 square foot lots are capable of accommodating such development while providing sufficient yard setbacks and off-street parking. Given this information, creating a new urban residential zoning district that allows the development of single-family dwellings on smaller lots will reduce associated land costs and encourage construction of smaller housing types in that new district. Accordingly, the public necessity, convenience, and general welfare of the community will be better served by amending Title 17 KIBC (Zoning) to include a new zoning district that specifies the regulatory requirements for development of single-family dwellings on smaller lots in the Borough. Since October 7, 2015, the Planning and Zoning Commission held 13 work sessions and 3 public hearings on the proposed amendment. Following a public hearing held during the May 17, 2017 regular meeting, the Planning and Zoning Commission voted unanimously to recommend that the Assembly approve the provided ordinance. Mayor Rohrer opened the public hearing. Kathleen Ballenger said that she supports the Ordinance No. FY2018-02 as is, but if changes were made, she was going to oppose it. Jeff Stewart spoke in opposition to Ordinance No. FY2018-02. Jason Zill spoke in support to Ordinance No. FY2018-02. Kevin Arndt spoke in support to Ordinance No. FY2018-02, but was opposed to the acre size for the proposed Ordinance. Scott Arndt spoke about his proposed changes to Ordinance No. FY2018-02. Les Dans spoke in opposition to Ordinance No. FY2018-02. Mayor Rohrer closed the public hearing and reconvened the meeting. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Skinner, Symmons, Townsend, Van Daele, and Crow (Ayes); Smiley (No) BOROUGH MANAGER'S REPORT - Spoke about the Rural Forum - City of Port Lions was thankful to Bayside Fire Chief Rue - Acknowledged local government specialist Jane Barr's presence MESSAGES FROM THE BOROUGH MAYOR - Attended the rural forum yesterday, September 20 at the Kodiak College. Kodiak Island Borough Assembly Regular Meeting Minutes September 21, 2017 Page 3 of 7 "Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 16 of 424 AGENDA ITEM #5.A. Assembly member Van Daele resigned from the Kodiak Fisheries Work Group (KFWG) due to job constraints - Temporary appointing Assembly member Smiley to KFWG. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions None. Ordinances for Introduction Ordinance No. FY2018-08 Amending The KIB Future Land Use Map By Changing The Future Land Use Designation of Lot 26A, U.S. Survey 3098 From Urban Residential To Commercial (P&Z Case 17-028). SMILEY moved to advance Ordinance No. FY2018-08 to public hearing at the next regular meeting of the Assembly. This property zoned R1 -Residential Zoning District had sat vacant for several years, but was adjacent to another commercially -zoned property. The applicant recently purchased this land and applied for this change in Future Land Use Designation in order to facilitate the process of rezoning the parcel to B -Business. Because Mill Bay had long been planned as Kodiak's primary commercial corridor and trends in the area have shown a transition toward more commercial property, this change and subsequent rezone seemed consistent with the market's need for more commercial property in this area. The Planning & Zoning Commission voted 5-2 in favor of this amendment to the Comprehensive Plan. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, and Crow. 2. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 From R1 -Single -Family Residential District to B -Business District (P&Z Case No. 17-029). VAN DAELE moved to advance Ordinance No. FY2018-09 to public hearing at the next meeting of the Assembly. This property zoned R1 -Residential Zoning District had sat vacant for several years, but was adjacent to another commercially zoned property. The applicant recently purchased this land and applied for a change to its existing Future Land Use Designation in the 2008 Comprehensive Plan in order to facilitate the process of rezoning the parcel to B -Business. Kodiak Island Borough September 21, 2017 Assembly Regular Meeting Minutes Page 4 of 7 `Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 17 of 424 AGENDA ITEM #5.A. Since the amendment to the Comprehensive Plan was approved, it was possible to rezone this parcel from residential to commercial zoning. Because Mill Bay Road has long been planned as Kodiak's primary commercial corridor and trends in the area have shown a transition towards more commercial property, this rezone seemed consistent with the market's need for more commercially zoned property in this area. The Planning & Zoning Commission voted 5-2 in favor of this rezone. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele, Crow, Skinner, and Smiley. Other Items Appointment to the Providence Kodiak Island Medical Center Community Advisory Board (Major David Davis and Ms. Mary Jane Pediangco). VAN DAELE moved to voice non -objection to the re appointments of Major David Davis and Ms. Mary Jane Pediangco to the Providence Kodiak Island Medical Center Community Advisory Board for terms to expire December, 2019. Per Contract No. 1997-07A: An advisory board meeting the requirements of 7AAC 13.030(a) will be appointed by Providence. One Assembly member shall be appointed by Providence as a full voting member of the advisory board, and Providence shall give the borough the ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, Skinner, Smiley, and Symmons. 2. Approval of the October 3, 2017 Regular Municipal Election Workers SMILEY moved to appoint the election officials in each precinct for the upcoming October 03, 2017 Municipal Election as listed in the memo submitted by the Borough Clerk. Per KIBC 7.30.010 Election Officials, The assembly shall appoint at least three election officials in each precinct to constitute the election board of that precinct. The clerk is the election supervisor. One election official shall be designated as chair and shall be ordinarily responsible for administering the election in that precinct. The clerk may appoint additional election officials at any polling place where they are needed to conduct an orderly election and to relieve other election officials of undue hardship. It would be impossible to conduct the elections without the dedication and skills of the 60 plus volunteers listed in the memo before the Assembly. The election judges and clerks, receiving team, and canvas board deserve appreciation for their commitment to the voters of the Kodiak Island Borough. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, Skinner, Smiley, Symmons and Townsend. Kodiak Island Borough September 21, 2017 Assembly Regular Meeting Minutes Page 5 of 7 "Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 18 of 424 AGENDA ITEM #5.A. 3. Appointment to the Solid Waste Advisory Board Business Representative Seat (Mr. Levi Fehrs). VAN DAELE moved to confirm the mayoral appointment of Mr. Levi Fehrs to the Solid Waste Advisory Board Business Representative Seat to expire December 2018. There was a vacancy on the SWAB Board Retail Business Representative seat and this seat had been vacant since August 2014. An application was received from Mr. Levi Ferhs on August 18, 2017 for this seat. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Crow, Skinner, Smiley, Symmons, Townsend, and Van Daele. 4. Assembly Approval Of A Letter Addressed To The Board Of Fisheries Regarding Massive Changes To Kodiak Salmon Fishery Management Proposed In Agenda Change Request #11. CROW moved to approve A Joint Letter Addressed To The Board Of Fisheries Regarding Massive Changes To Kodiak Salmon Fishery Management Proposed In Agenda Change Request #11. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele and Crow. CITIZENS' COMMENTS Kate Ballenger commended the staff during the absentee -in-person voting. Scott Arndt stated that he does not have any financial connection with Kevin Arndt. ASSEMBLY MEMBERS' COMMENTS Assembly member Skinner will be going to Cold Bay for Kodiak Aleutians Regional Council related to subsistence. She also stated that absentee -in-person voting was great and handy option. Assembly member Crow encouraged the public to check their house numbers and make sure it is visible from the street and asked for any volunteers for the Bayside Fire Department. He welcomed Jane Barr's presence and also thanked the election workers and the new members of the boards. Mayor Rohrer acknowledged Assembly Member Van Daele's effort that he had made for Kodiak Fisheries Work Group. Kodiak Island Borough Assembly Regular Meeting Minutes September 21, 2017 Page 6 of 7 "Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 19 of 424 AGENDA ITEM #5.A. Assembly member Van Daele thanked the mayor and the clerks. Assembly member Symmons acknowledged staff for their hard work and talked about the rural leadership forum. Assembly member Smiley was pleased about the letter for the Board of Fisheries Assembly member Townsend thanked Chief Rue for helping the community of Port Lions and congratulated him for the grant that Bayside Fire Department was awarded. He also thanked the mayors for putting together the letter for the Board of Fisheries. Announcements Mayor Rohrer announced that the Assembly would hold a work session on Thursday, September 28, 2017 at 6:30 p.m. in the School District Conference Room. The next regular meeting was scheduled on Thursday, November 2, 2017 at 6:30 p.m. in the Borough Assembly Chambers. Mayor Rohrer also announced that absentee voting for the upcoming election will be available in the Clerk's Office until Monday, October 2nd from 10 a.m. to 4 p.m. ADJOURNMENT The meeting was adjourned at 8:12 p.m. ATTEST: KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes September 21, 2017 Page 7 of 7 *Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 20 of 424 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting October 5, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on October 5, 2017, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Laurie Pardoe. TOWNSEND moved to excuse Assembly member Skinner who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA VAN DAELE moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS Scott Arndt spoke on behalf of the Planning and Zoning Commission regarding Resolution No. FY2018-10. Judi Kidder spoke concerning Resolution No. FY2018-10 and suggested zoning part of the parcel for residential use and retaining the use of the Woody Way Field would be a compromise for both sides. AWARDS AND PRESENTATIONS Mayor Rohrer proclaimed the Month of October 2017 as Domestic Violence Awareness Month. Accepting the proclamation on behalf of the Kodiak Women's Resource and Crisis Center was Outreach Coordinator Beth Davis. PKICC Director Mary Guilas-Hawver delivered a presentation on behalf of Providence Kodiak Island Counseling Center. COMMITTEE REPORTS Kodiak Island Borough Assembly Regular Meeting Minutes October 5, 2017 Page 1 of 'Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 21 of 424 AGENDA ITEM #5.A. Assembly member LeDoux reported on the September 27 meeting of the Kodiak Fisheries Work Group and briefly highlighted some their agenda items going forward. Bayside Fire Chief Rue reminded the public of the upcoming Fire Prevention Week. He encouraged people to check their fire smoke detectors, and ensure that their home address numbers are clearly visible from the street. He invited the public to attend the events at Bayside Fire Station and encouraged those who are interested to become volunteer firefighters. PUBLIC HEARING 1. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map By Changing The Future Land Use Designation of Lot 26A, U.S. Survey 3098 From Urban Residential To Commercial (P&Z Case 17-028). TOWNSEND moved to adopt Ordinance No. FY2018-08. This property was zoned R1 -Residential Zoning District and had sat vacant for several years, but was adjacent to another commercially -zoned property. The applicant had recently purchased the land and applied for this change in Future Land Use Designation in order to facilitate the process of rezoning the parcel to B -Business. Because Mill Bay had long been planned as Kodiak's primary commercial corridor and trends in the area had shown a transition toward more commercial property, this change and subsequent rezone seemed consistent with the market's need for more commercial property in this area. The Planning & Zoning Commission voted 5-2 in favor of this amendment to the Comprehensive Plan. Mayor Rohrer opened the public hearing. Sandy Pherson spoke in opposition to Ordinance No. FY2018-08. Jason Waggoner spoke in opposition to Ordinance No. FY2018-08. Neal Cooper spoke in opposition to Ordinance No. FY2018-08. Kavik Anderson spoke in opposition to Ordinance No. FY2018-08. Mayor Rohrer closed the public hearing. VAN DALE moved to postpone Ordinance No. FY2018-08 to the next regular meeting of the Assembly and hold a second public hearing. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FOUR TO TWO: Crow, Smiley, Symmons, and Van Daele (Ayes); LeDoux and Townsend (Noes). 2. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 From R1 -Single - Family Residential District to B -Business District (P&Z Case No. 17-029). SMILEY moved to adopt Ordinance No. FY2018-09 Kodiak Island Borough Assembly Regular Meeting Minutes October 5, 2017 Page 2 of "Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 22 of 424 AGENDA ITEM #5.A. This property was zoned R1 -Residential Zoning District and had sat vacant for several years, but was adjacent to another commercially zoned property. The applicant had recently purchased this land and applied for a change to its existing Future Land Use Designation in the 2008 Comprehensive Plan in order to facilitate the process of rezoning the parcel to B - Business. Since the amendment to the Comprehensive Plan was approved, it was possible to rezone this parcel from residential to commercial zoning. Because Mill Bay Road had long been planned as Kodiak's primary commercial corridor and trends in the area had shown a transition towards more commercial property, this rezone seemed consistent with the market's need for more commercially zoned property in this area. The Planning & Zoning Commission had voted 5-2 in favor of this rezone. On September 22, 2017 the clerk's office mailed 26 Public Hearing notices. Six public hearing notices were returned. Mayor Rohrer opened the public hearing. Jason Waggoner spoke in opposition to Ordinance No. FY2018-09. Kavik Anderson spoke in opposition to Ordinance No. FY2018-09. Mayor Rohrer closed the public hearing. VAN DAELE moved to postpone Ordinance No. FY2018-09 to the next regular meeting of the Assembly and hold a second public hearing. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FOUR TO TWO: Smiley, Symmons, Van Daele, and Crow (Ayes); LeDoux and Townsend (Noes). BOROUGH MANAGER'S REPORT Manager Powers briefly reported on the following: • Long Term plan for the Landfill • Identifying and scheduling future agenda items • Administrative Assistant position advertised • Addressing parking issues and design services for projects at the hospital • Met with City staff • Bayside Fire Department • Audit process • Crossing guards and safety around school sites MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer briefly reported on the following: • The Alaska Travel Industry was actively meeting in town thanks to the efforts of Discover Kodiak • Hemet with Mayor Branson to discuss joint lobbyists • He complimented the Clerk's office on a well-run election Kodiak Island Borough Assembly Regular Meeting Minutes October 5, 2017 Page 3 of "Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 23 of 424 AGENDA ITEM #5.A. UNFINISHED BUSINESS None. NEW BUSINESS Contracts Contract No. FY2018-11 Professional Services Agreement For U.S. EPA Brownfield Grant Implementation Between The Kodiak Island Borough And Stantec Consulting Services Inc. VAN DAELE moved to approve Contract No. FY2018-11 Professional Services Agreement For U.S. EPA Brownfield Grant Implementation Between The Kodiak Island Borough And Stantec Consulting Services Inc. The Kodiak Island Borough had --in conjunction with the Natives of Kodiak and the City of Kodiak (referred to as the "Coalition")—been awarded a total of $600,000 in U.S. EPA funding to identify and begin assessing Brownfield sites within the archipelago. As the administrator of the grant funding, the Borough solicited RFPs using the procurement process outlined in KIBC 3.30.110. Stantec Consulting Services Inc. was selected by the Coalition to provide grant administration and other professional services related to the Brownfield Grant. The contract amount of $571,190 was comprised solely of U.S EPA grant funds. The remaining $28,810 in U.S. EPA grant funds would be used by the Borough to cover administrative costs incurred by Community Development Department staff related to this Brownfield project. This contract had been vetted by legal counsel for both the Borough and Stantec Consulting Services Inc. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. Resolutions Resolution No. FY2018-10 Accepting The Recommendation Of The Planning And Zoning Commission By Approving Retention Of Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision (P&Z Case No. 17-011). SMILEY moved to adopt Resolution No. FY2018-10. In August 2016 the Borough Resource Management Officer submitted an Administrative Request for a Title 18 Land Disposal Review by the Planning & Zoning Commission, in response to the Assembly's direction at its August 25, 2016 Work Session to the Community Development Department to stop work on the Killarney Hills Master Plan process. The case (Case No. 17-011) was placed on the October 2017 Regular Meeting agenda. Staffs recommendation was to retain the parcels in question. The case was postponed from October 2016 to February 2017, then from February 2017 to April 2017, then from April 2017 to August 2017 by the Planning & Zoning Commission. Based on staff recommendations, public comments on the importance of the recreational space to the community, and the fact that a master planning process had been started for the parcels, but had not yet been completed, the Commission voted to recommend retention of the parcel (unanimous vote) at their August 2017 Regular Meeting. Kodiak Island Borough Assembly Regular Meeting Minutes October 5, 2017 Page 4 of 'Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 24 of 424 AGENDA ITEM #S.A. VAN DAELE moved to amend Resolution No. FY2018-10 to direct staff to initiate the public planning process for Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision and include multiple residential and business options and densities while retaining the field itself and have a draft implementation plan ready for discussion at the November 30 work session. VAN DAELE moved to withdraw his amendment. VOICE VOTE ON MOTION TO WITHDRAW MOTION CARRIED UNANIMOUSLY. ROLL CALL VOTE ON MOTION TO AMEND FAILED TWO TO FOUR: Townsend and Van Daele (Ayes); Symmons, Crow, LeDoux, and Smiley (Noes). Ordinances for Introduction None. Other Items 1. Appointment To The Borough Lands Committee ANCSA Representative Seat (Mr. David Anderson). VAN DAELE moved to confirm the mayoral appointment of Mr. David Anderson to the Borough Lands Committee ANCSA Representative Seat to expire December 2018. There was a vacancy on the Borough Lands Committee ANCSA Representative seat and an application from Mr. David Anderson was received on September 25, 2017 for this seat. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Smiley, and Symmons. 2. Temporary Appointment Of Assembly Member Scott Smiley To the Kodiak Fisheries Work Group. VAN DAELE moved to confirm the temporary mayoral appointment of Assembly Member Scott Smiley to the Kodiak Fisheries Work Group. On September 19, 2017 the Clerk's office received a letter from Assembly Member Van Daele, asking that another Assembly member assume his seat on the Kodiak Fisheries Work Group. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ZERO: Van Daele, Crow, LeDoux, Symmons, and Townsend. Mr. Smiley did not vote. CITIZENS' COMMENTS Rich Walker spoke concerning Resolution No. FY2018-10 and the possibility of doing a land exchange with the City of Kodiak. Kodiak Island Borough Assembly Regular Meeting Minutes October 5, 2017 Page 5 of 'Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 25 of 424 AGENDA ITEM #5.A. Kate Ballenger wanted to know why she was unable to watch the Assembly meeting online that evening, thanked the members of the Assembly and staff for serving the community, and suggested that it would help to minimize discussion at Assembly meetings if some of the issues were fully vetted at work sessions. Juid Kidder thanked Clerk Javier and volunteers for a smooth election and expressed interest in idea of a land swap with the City of Kodiak. Jeff Stewart spoke regarding mental health in the community. ASSEMBLY MEMBERS' COMMENTS Assembly member Townsend thanked those who ran for public office, offered his condolences to those who won, and stated that he looked forward to them serving in his place. Assembly member Symmons hoped to meet with Chiniak again, hoped that rock extraction discussions in some of the rivers and creeks could be brought up in discussion soon, congratulated the newly elected officials, and urged the Assembly to pursued investigations toward consolidation of governments. He thanked Jenny Clay for her years of service to the Borough. Assembly member Crow discussed Assembly process. Assembly member Van Daele thanked voters, election workers, and those who ran for seats. He looked forward to working with the newly elected assembly members. He stated that he would be working on a resolution to bring forward concerning the Killarney Hills Subdivision. Assembly member LeDoux spoke of a recent community meeting on education that he attended in Port Lions. He stated that he was pleased with the election. He expressed his belief in wisdom of a group and was satisfied with the Assembly process of arriving at vote. He congratulated the volunteer school crossing guards for keeping community safe and voiced appreciation for drivers who slow down for school zones. He thanked the Manager Powers for helping supply gear to equip crossing guards. Assembly member Smiley thought the election went well and was please with the number of candidates. Announcements The Assembly will hold a work session on Thursday, October 12, 2017 at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, October 19, 2017 at 6:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION Real Property Negotiations And Strategies Regarding the Providence Counseling Kodiak Island Borough Assembly Regular Meeting Minutes October 5, 2017 Page 6 of 'Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 26 of 424 AGENDA ITEM #5.A. Center Officers. VAN DAELE moved to convene into executive session to discuss Real Property Negotiations And Strategies Regarding the Providence Counseling Center Officers, a subject that qualifies for executive session as a matter that the immediate public knowledge of which, would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Smiley, Symmons, Townsend, and Van Daele. VAN DAELE moved to invite the Mayor, Assembly, Borough Manager, and Borough Clerk into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Mayor Rohrer recessed the regular meeting and convened the executive session. Upon returning from Executive Session, Mayor Rohrer reconvened the regular meeting and announced that no action was to be taken as a result of the executive session. ADJOURNMENT TOWNSEND moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 9:55 p.m. ATTEST: KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes October 5, 2017 Page 7 of 'Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 27 of 424 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 21, 2017 ASSEMBLY REGULAR MEETING 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 adopt 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. On November 21, 2107 a brief memo was provided by the Community Development Director outlining considerations for the Assembly relating to the potential requirement of a public access easement across the property; a suggestion that was provided during public comments during the November 2, 2017 public hearing. This item was postponed at the November 2, 2107 Regular Meeting due to inadequate public notification and the item was postponed to the December 7, 2017 Regular Meeting. The December 7, 2017 meeting was not held due to a lack of quorum and the item was carried over to the December 21, 2017 regular meeting. 42 Notices were sent out on 11/03/2017 by the Clerk's Office. Three notices were returned as of DECEMBER 12 and they were included in the packet. 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. Kodiak Island Borough Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 28 of 424 OTHER INFORMATION: KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 21, 2017 ASSEMBLY REGULAR MEETING AGENDA ITEM #9.A. 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. Kodiak Island Borough Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 29 of 424 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 46 47 48 49 50 51 AGENDA ITEM O.A. Introduced by: KIB Manager Drafted by: P&Z Commission Introduced on: 10/19/2017 Public Hearing Date: 11/02/2017 Postponed to: 12/21/2017 Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2018.32 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING EMERALD ISLE ESTATES TRACT FROM R3 -MULTIFAMILY RESIDENTIAL DISTRICT TO RI -SINGLE-FAMILY RESIDENTIAL DISTRICT (P&Z CASE NO. 18-002) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to Implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "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"; and WHEREAS, the Planning and Zoning Commission received a request to rezone Emerald Isle Estates Tract from R3 -Multifamily Residential District to R1 -Single -Family Residential District; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly that Emerald Isle Estates Tract be rezoned from R3 -Multifamily Residential District to R1 -Single -Family Residential District, finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Borough Assembly considered the merits of the rezone request. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-32 Page 1 of 2 Version 1 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 30 of 424 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 AGENDA ITEM O.A. Section 2: Emerald Isle Estates Tract is hereby rezoned from R3 -Multifamily Residential District to R1-Singie-Family Residential District. Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. 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. Effective Date: 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. 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 Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTEST: Nova M. Javier, MMC, Clerk Ordinance No. FY2018-32 Page 2 of 2 Version 1 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 31 of 424 AGENDA ITEM #9.A. PUBLIC HEARING FORM Ordinance No. FY2018-32 Rezoning Lot 2 Emerald Isle Estates Tract From R3-Mutifamily Residential District To R1 -Single -Family Residential District (P8Z Case No. 18.002). This is in support of Ordinance No. FY2018-32. ❑ This is in opposition of Ordinance No. FY2018-32. ❑ Other comments. / DEC 1 2017 ic l Name: / G1�l/a- 1CpZa/C � Residence Address: o24 -6o 5 Mailing Address: 1�� -30X (777 <�C d/tee, A� 99 6 / Comments: S v7a✓e- /fid -/Ac- re-zanill9 orf La74 Z CDrdi'n a.rc.c- n% Ft/,20/8-30� ^7rsn R3 /leu l ii �rr.,+,/rte/ r� fd /��/ Sins/c -dam,'/�. I fti,�/� �f LJ/// �� a ✓arm /�iJ/e ✓� irl��-� -�D LJL1af- Lclz s �Zie: c. ✓J�e✓/oks /y �L�-s ��o/i'al� /s `lknfiil4 p-s�r /Z/y�.sio%c�d,aa1 la�S. uJivl Ili/n fprryis,�i o �yr ourvn, Written comments may be submitted by email to clerks(c kodiakak.us. faxed to 907-086-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615 orlor to 3 P.m. on Thursday. December 07, 2017. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 32 of 424 AGENDA ITEM O.A. PUBLIC HEARING FORM Ordinance No. FY2018-32 Rezoning Lot 2 Emerald Isle Estates Tract From R3-Mutifamily Residential District To R1 -Single -Family Residential District (P8Z Case No. 18-002). This Is in support of Ordinance No. FY2018-32. ❑ This is in opposition of Ordinance No. FY2018-32. I i ❑ Other comments. ' r DEC 6 2017 r Name: Residence Address: (n�n �{ t 7R_Q Mailing Address: Iyl leZ).� �� r3 ; �in��[ IC r Comments: 11 0 m� Written comments may be submitted by email to clerks(a)kodiakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615 prior to 3 p.m. on Thursday. December 07.2017. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 33 of 424 AGENDA ITEM #9.A. =i --- PUBLIC HEARING FORM A2 i DEC S-12017 ! Ordinance No. FY2018-32 Rezoning Lot 2 Emerald Isle Estates Tract From 113-Mutifamily Residential District To RI -Single -Family Residential District (PLZZ Use No, 18.0012) Wi- T This is in support of Ordinance No. FY2018-32. ❑ This is in opposition of Ordinance No. FY2018-32. ❑ Other comments. 1 r lJc�J <11)6e— Name: iQD `J c+l T �,V ll Vl /Xiw_ l 0-/'1 (1 I Z — Residence Residence Address: La- (� Mailing Address: p- 0 - / 4L (c Comments: ��pp /� Av- k ✓tlerteQ _ FSrt4F L Written comments may be submitted by email to clerksta)kodlakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615 Prior to 5 P.m. on Wednesday. December 20, 2017. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 34 of 424 AGENDA ITEM #9.A. R Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 s Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us Memorandum Date: November21,2017 To: Borough Mayor and Assembly Cc: Borough Manager From: Community Development Director RE: Considerations in Requiring an Access Easement on a Rezone Case At its November 2, 2017 Regular Meeting the Assembly held a public hearing for Ordinance No. FY2018-32, rezoning Emerald Isle Estates Subdivision from R3—Multi-family Residential to R1—Single-family Residential. During the public hearing two citizens expressed Interest in the Borough requiring public access across the parcel to preserve public access to a beach. In anticipation of discussion on this Issue at the November 30, 2017 Work Session staff has put together a brief, high-level narrative of some considerations for the Assembly. Unconstitutional Conditions Doctrine The Unconstitutional Conditions Doctrine prohibits the government from conditioning the grant of a discretionary benefit on an applicant's waiver of a constitutionally protected right. In the case of a public access easement being conditioned upon Emerald Isle Estates LLC in order to grant a rezone, it needs to be determined whether or not full use of his property is a constitutionally protected right, or if the act of conditioning the rezone and limiting private use is an appropriate use of the Borough's statutorily vested police powers. Takings When discussing land use takings and constitutionality, two amendments to the U.S. Constitution are relevant; the 5' (Takings Clause) and 14' ([Substantive] Due Process Clause and Equal Protection Clause) Amendments. The Takings Clause protects private property against takings for public use without just compensation. The Due Process Clause protects certain "fundamental liberty Interests" from deprivation by the government, unless the infringement Is narrowly tailored to serve a compelling state interest. The Equal Protection Clause prohibits states from denying a person equal protection of its laws. In the case of the State of Alaska, police power has been delegated to the Kodiak Island Borough and, thus, it is the responsibility of the Borough to uphold property, due process, and equal protection laws. Relating specifically to a conditioned rezone requiring the establishment of a public access easement, at minimum, the following constitutional considerations must be made: Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 35 of 424 AGENDA ITEM O.A. Is the property owner's property value, or right to useloccupy their property being taken away without appropriate compensation by the Borough? Is the property owner being deprived the use, occupation, or value of his property by the Borough? If so, is there a compelling Borough interest that has been narrowly defined to support such an imposition? Has the Borough acted similarly in situations where such substantially similar public interests have been present? Essential Nexus and Rough Proportionality Two landmark U.S. Supreme Court land use cases involving takings established two tests now used by the courts for determining whether an unconstitutional taking has occurred. These tests are the Essential Nexus Test and the Rough Proportionality Test. The Nollan V. California Coastal Commission case institutionalized the Essential Nexus Test. In order to be considered constitutional, the government's conditioning of a land use action must: • Advance a legitimate government interest or purposes?, • Have a connection between that interest and the land use exaction chosen to address it; and • A connection between the Impacts of the proposed development and the land use exaction. The Dolan v. City of Tigard case took the Nollan case a step further and institutionalized the Rough Proportionality Test. The Rough Proportionality Test requires a government to make some sort of individualized determination that the exaction is related both in nature and extent to the Impact of the proposed developments. Adverse Possession and Prescriptive Easements Legally defined, adverse possession is the doctrine under which a person in possession of land owned by someone else may acquire valid title to it as long as certain legal requirements are met. Alaska law governing adverse possession can be found in AS 09.45.052. Adverse possession, in and of itself, does not directly apply to the current issue at hand. However, Alaska courts have determined that when establishing a claim for a prescriptive easement (defined below) the same basic elements required for an adverse possession claim apply. Prescriptive easements are easements acquired by continuous use without the subject property owners' consent for a given period of time. No title is acquired by the user of the property, as is the case with adverse possession claims. However, as mentioned above, the three requirements for successful adverse possession claims have been decided by the courts to be extended to successful prescriptive easement claims. Those are: • The possession must have been continuous and uninterrupted; This prong of the Takings Analysis originated with Agins v. City of Tiburon (1980). t In Lingle v. Chevron USA Inc. (2005) the Supreme Court eliminated the "substantially advances" prong as a standalone portion of a Fifth Amendment takings analysis. Nollan and Dolan were not invalidated based on the Supreme Court's findings that neither case relied on this test to analyze adjudicative land use exactions. The court stated "... Nollan and Dolan both involved dedications to property so onerous that, outside the exactions context, they would be deemed per re physical takings". t There are many other cases relating to land use and takings: Pennsylvania Coal Co. v. Mahon (1922), Village of Euclid v. Ambler Realty Co, (1926), Penn Central Transportation Co. v. New York City (1978), Kaiser Aetna v. United States (1979), Loretto v. Teleprompter Manhattan CAN Corp. (1982), Agins V. City of Tiburon (1980), Lucas v. South Carolina Coastal Council (1992), Palazzolo v. Rhode Island (2001), Tahoe -Sierra preservation Council v. Tahoe Regional Planning Agency (2002), Lingle v. Chevron USA Inc. (2005), Koontz v. St. Johns River Management District (2013). Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 36 of 424 AGENDA ITEM #9.A. • The possessor must have acted as if he were the owner and not merely one acting with the permission of the owner; and • The possession must have been reasonably visible to the record owner4. In general, adverse possession and prescriptive easement claims are civil matters. However, staff felt it was important to Introduce these concepts for context. Fact Sensitive Inquiries A "fact sensitive inquiry" is an inquiry In which the conclusion of legality is heavily dependent upon case -specific facts; facts that are unique to the property(ies) and action(s) In question. Fact sensitive inquiries require time and research to reach sound, defensible conclusions. It is both staff and legal counsel's perspective that the legality of the Borough requiring a public access easement In exchange for the granting of a rezone of Emerald Isle Estates Tract is a fact sensitive inquiry and requests that, in the event that the Assembly would like to move forward with requiring an access easement, Borough staff and legal counsel be provided ample time to investigate this matter fully before providing definitive recommendations for consideration. 4 Swift v. Kniffen (1985). Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 37 of 424 AGENDA ITEM #9.A. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 ' Phone (907) 486-9310 Fax (907) 486-9391 clerks(&,kodiakak.its NOTICE OF PUBLIC HEARING A SECOND public hearing will be held on Thursday. December 07. 2017, at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2018-32 Rezoning Lot 2 Emerald Isle Estates Tract From R3-Mutifamily Residential District To R1 -Single -Family Residential District (PB,Z Case No. 18-002). If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and fax it to (907) 486-9391, email to clerks cDkodiakak.us, or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615 prior to 3 p.m. on December 07, 2017. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9310. Attachments: • Map • Public hearing form • Ordinance No. FY2018-32 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 38 of 424 AGENDA ITEM #9.A. Ordinance No. FY2018-32 Rezoning Lot 2 Emerald Isle Estates Tract From R3-Mutifamily Residential District To R1 -Single -Family Residential District (P&Z Case No. 18-002). vi Wi, Laq r � ` ry E✓' R• w j ,a. 410 v� t •� •�scN`>' U S�i•9 v a rv, t. U55 n 6 I 3 _ nn99 �� • n S m •• a T22 Legend F O �.wject ParcH .0 Zp Zoning Legend Public Use Larios Rural Residential 7 MUNI Family Residential Ilillt• Light Industrial ® Watershed Rural Residential ® Business Rural Neighborhood Commercial Conservation Single Fahy Residential Retail Business - Urban Neighborhood Commercial Rural Residential C] Two Family Residential ® Industrial 0 Natural Use Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 39 of 424 AGENDA ITEM O.A. PUBLIC HEARING FORM Ordinance No. FY2018-32 Rezoning Lot 2 Emerald Isle Estates Tract From R3-Mutifamily Residential District To R1 -Single -Family Residential District (P&Z Case No. 18-002). ❑ This is in support of Ordinance No. FY2018-32. ❑ This is in opposition of Ordinance No. FY2018-32. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to clerksnakodiakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615 prior to 3 p.m. on Thursday. December 07, 2017. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... 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Page 41 of 424 AGENDA ITEM #9.A. m m m m m m m m m Y Y Y Y Y Y Q Y Y Q Q Q Q Q Q 6 Q Q W M K O LL p p p p p p J p p O O O O O O� O O p'I N m X O M O a p > m O Q w a Q Z p g y LL Z Y W M m p a Z O p u N 00 Q yrj Q W m Q N m z Q vLLi m 0 0 m Q m O m m Oa rv> a a Z O N H_ H N F 6 Q J m J W W Q ¢ w O W u W¢ W W O h OF > 3 3 N N O ¢ Z Z O Q Q Q LL u G ¢ ¢ 3 m Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 42 of 424 10l .." o�s..�..w.rno�wnuo^rv[..ru. E.unn..rrn.ns�� M•r.w I e ! QQgy9y� i M if ' ! ➢ 1 0! !! pp➢6 S a H Sf'��siE ep➢ eC a Peso • eIfg !" Q "� �➢��IYs� S t6�e�Qi � �4� �$�� ` _...1 4��di! 9 e e I 1 \ I gp2 ttpEE °�� i � �� ,.S,�n a - �"�� 1A ie � . ¢p¢p {T{�!➢ � s �Ee� {{ p1p� Q: k: �� 56I�� ➢��j xpE� a ea�� ....1111 999 9:g Q+pj��Q ILI• ,,. Q �, ➢QQ , t � � i 1 �' � �� Q�➢i�� ei � � ! f e3 6 s 2 ➢!a ? t➢9�e� ° 1 gw I , �� 11 � §��'§➢/ "ice` ijj J O 'J[ jj � �4 .➢ Ir - z I :I 'V(' 6 ee➢1 i it it1 _ q i t I�fi4 1 l k (51 bili I 6. 9s i riftlz it I �:i;a�.•Cim ill '.I � i �i 1I.'N ➢3• ��+llt%ii�i �IN Q3 i�is'It6i�i '\\ ➢,NiiN ,�iII o�s..�..w.rno�wnuo^rv[..ru. E.unn..rrn.ns�� M•r.w August 22, 2017 Mr. Kevin Suydam Emerald Isle Estates LLC PO Box 980 Kodiak, AK 99615 AGENDA ITEM O.A. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us Re: Case 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). Dear Mr. Suydam: The Kodiak Island Borough Planning & Zoning Commission at their meeting on August 16, 2017 moved to forward the request cited above, recommending approval subject to an effective clause, to the Borough Assembly. 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. The commission adopted the following findings of fact in support of their recommendation to the assembly: 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 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 44 of 424 AGENDA ITEM O.A. 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. Community Development Department anticipates your rase will be scheduled for a first reading at the October 5, 2017 Assembly regular meeting. According to KIBC 17.205.055 (Submission to assembly) of the Borough Cade states: A. Within thirty days after the planning 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 planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided In Section 17.205.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly and submits the required $350 appeal fee. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. If you have any questions about the action of the commission, please contact the Community Development Department at 486-9363. Sincerely, Q Sheila Smith, Secretary Community Development Department CC: Nova Javier, Borough Clerk Planning & Zoning Commission Page 2 of 2 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 45 of 424 AGENDA ITEM #9.A. 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 8 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. Kodiak Island Borough Page 1 of 8 Planning and Zoning Commission Minutes August 16, 2017 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 46 of 424 AGENDA ITEM #9.A. 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 staffs 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. Kodiak Island Borough Planning and Zoning Commission Minutes Page 2 of 8 August 16, 2017 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 47 of 424 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 -� N OlIL KIB Location & Zoning Map WE 6 ill ocalll iZo ning Request: A Rezone of Emerald . Estates Tract ICase . 18_002 from 113-Multiliamily Residential a JApplicant: Emerald Isle Estates LLC/Kevin Suydam Family Residential District Willman Land Su�eylng s=+ Woody Way Loop 0 tip_' Ees"g,pre, �7 vie a •a we � pad' aP n �. U 55.1q S 34 US •Y ac ,a y% .P j4 p a a G i� h yd � V• e ' � 2• ,�bs�,s'" 530q�y M�v)S' as O i �60 q tOF.ya *is 4aZp PPPPPe a 66e A Legend QSubject Parcel C4� �1 hV iL Zoning Legend Q Public Use Lands Rural Residential 1 Multi Family Residential Q Light Industrial ® Watershed Rural Residential 2 Business Rural Neighborhood Commercial Q Conservation Single Family Residential Retail Business Urban Neighborhood Commercial Rural Residential Two Family Residential Industrial Natural Use Kodiak Island Borough GIS Community Development Department This map is pmvdadl hlmmal pmwan =__= Acc piss Roads ht llwwwhodlakak.usl a 9074969137 b 9i ( I tnlyanda nal ill plan, lege rep.aseil UnconsWcted Right of Ways Case No. 16-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 48 of 424 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Case No. 18-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 49 of 424 N Y f ' ,-ALASKA AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 STAFF REPORT AND RECOMMENDATION Case No. 18-002. A Rezone of Emerald Isle Estates Tract from R3 -Multifamily Residential District to R1-Single-Familv Residential District (Chanter 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). Case No. 16-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 50 of 424 N Y P D p'L ALASKA AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 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 Reoort 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 Case No. 18-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 51 of 424 N Y P D O'L ALASKA AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-A P 6 Z REGULAR MEETING: AUGUST 18, 2017 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' 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= located behind the above building • A single-family dwelling' that fronts spruce Cape Road. • A single-family dwelling' near the southwest corner. • Five manufactured homes and one small accessory building' stored at various locations 'Appendix 1 2 Appendix 2 3 Appendix 3 ° Appendix 4 Case No. 18-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 52 of 424 N Y Q D ,-ALASKA AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 18, 2017 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 ' Appendix 5.1 and 5.2 Case No. 18-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 53 of 424 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 18, 2017 Y Q D Oil. ALASKA 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. • Polic : 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. Case Na. 18-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 54 of 424 N� Y Q KALASKA 1 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 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. Case No. 16-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 55 of 424 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 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Introduced by: KIB Manager Drafted by: P&Z Commission Introduced on: Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2018-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING EMERALD ISLE ESTATES TRACT FROM 113 -MULTIFAMILY RESIDENTIAL DISTRICT TO R1 -SINGLE-FAMILY RESIDENTIAL DISTRICT (P&Z CASE NO. 18.002) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, In accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to Implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "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"; and WHEREAS, the Planning and Zoning Commission received a request to rezone Emerald Isle Estates Tract from R3 -Multifamily Residential District to R1 -Single -Family Residential District; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly that Emerald Isle Estates Tract be rezoned from R3-Multifamlly Residential District to R1 -Single -Family Residential District, finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Borough Assembly considered the merits of the rezone request. Kodiak Island Borough, Alaska Ordinance No. FY2018-XX Deletion — Red, Strikeout Page 1 of 3 Insertion — Bold, Blue, Underlined Case No 18-002 Version 1 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 56 of 424 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 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-A P 6 2 REGULAR MEETING: AUGUST 16, 2017 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance Is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Emerald Isle Estates Tract is hereby rezoned from R3 -Multifamily Residential District to R1 -Single -Family Residential District. Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. 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. Effective Date: 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. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2017. KODIAK ISLAND BOROUGH ATTEST: Kodiak Island Borough, Alaska Ordinance No. FY2018-XX Deletion — Red, Strikeout Page 2 of 3 Insertion — Bald, Blue, Underlined Case No 18-002 Version 1 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 57 of 424 AGENDA ITEM O.A. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 58 of 424 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 91 92 93 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 94 95 VOTES: 96 Ayes: 97 Noes: Kodiak Island Borough, Alaska Ordinance No.FY2018-XX Deletion — Red, Strikeout Page 3 of 3 Insertion — Bold, Blue, Underlined case No 18-002 Version 1 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 58 of 424 AGENDA ITEM #9.A. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 59 of 424 AGENDA ITEM O.A. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 60 of 424 AGENDA ITEM #9.A. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 61 of 424 o AGENDA ITEM #9.A. Appendix 5.1— Photos of 4 of the 5 manufactured homes currently being stored on parent parcel Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 63 of 424 Art Kodiak Island Borough Community Development Department 710 M91 Bay Rd. Rm 205 Kodiak AK 99615 PK (907) 486.9362 Fox(907)486-9396 bn2jLv MA;V 9Jakak.u{ AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Print Faun Submit by Email PROP ID 21244 Application for Rezone KIBC 17.205 ( P5- QQ.2 Thefolio-wing infe motion is to be supplied by the Applicant: -- ---- PioperyOwmer/Applicant: Emerald Isle Estalos LLCIKavin Suydam Mailing Address_ PO Box 960 Kodiak AK 99615 Phone Number 9p7-466.5386 Othet Contact email, etc suydamka0coneasinel Legal Description: Subdv. Emerald Isle Estates Tract(Prevxxzly Jackson) Block: Lot Street Adds=.. 2716 Spruce Cape Road CunentZoning: R3 _ KIBC 17 Propmed2onirg: R1 KIBC 17.7 Applicable Comprehemive Plan: A. Kodiak Island Comprehensive Plan Update 2008 Explanation of the need &lusd6cation for a change or amendment of zoning: Applicant desires to re2one from R310 R1 OVI.- family raslderres. The tistiricaBon is to mala a residential neighborhood F that is safe for single family owned residencxs, and saniof citizen owned residerras. iConunued on revw Case No. 18-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 65 of 424 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: AUGUST 16, 2017 Explanation of the effect such a lunge or amendment would have on the objectives of the applkable comprehensive plan: The effeC of this ehenge would not have a negative impact on the comprohonsive plan. It anharwets assessed property values for this property, as wen as surrounding properties The previgs R3 Zom; tr;Zod to drugs and aime so rampard it was unsafe to live two, Tho goal is to meals, a family safe neighborhood. Date: q Signature' CDD Staff Certification -- -- Date 2/3 /�� 1 CDD Staff Pevment Verification Fre Payable in Cashier's Office"t 104- Main noorof Borough Building KIBC 17105.030 Manner of motion. Changes in this title may be initiated In the following manner. A. The asu * upon hs own mohom B. Waiveroffee 2 The commcslon upon its own motion: i'' Waiveroffee C By petitiom LessthanlJSacres: '',—i 5350.00 1.76WS.00acres: IJ $750.00 ��'�p, ■_i� 5.01 to 4Moo acres: CF, s1.000.00 JUL 03 2r-' 40.01 acres or more: ❑ S1.500A0 KODMISuaYuOUQUtal PKIdKlp[ rxvatminnirr Case No. 18-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 66 of 424 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: AUGUST 16, 2017 PAYMENT DATE Kodiak Island Borough BATCH NO. 07/03/2017 710 Mill Bay Rd. 2018-00000001 COLLECTION STATION Kodiak, AK 99615 RECEIPT NO. CASHIER 2018-00000009 RECEIVED FROM CASHIER EMERALD ISLE ESTATES Cashier DESCRIPTION APPLICATION FOR REZONE KISC 17.205 2716 SPRUCE CAPE ROAD P,Ie1wl h.- r:..hi.r Pan. 1 M 1 A71.111.41 ne.T•» ou Case Na. 18-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 67 of 424 July 6, 2017 Mr. Kevin Suydam Emerald Isle Estates LLC PO Box 980 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiaksk.us Re: 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). Dear Mr. Suydam Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their August 16, 2017 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, an Wednesday, August 9, 2017 at 6:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session Is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional Information. In advance, thank you for your cooperation. Sincerely, ) �T1RAQr� v"�y—" Sheila Smith, Secretary Community Development Department Case No. 18-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From 133-Mult... Page 68 of 424 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: AUGUST 16, 2017 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486.9363 www.kodiakak.us 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 ownerlinterested 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 am. Tuesday. August 1. 2817 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 ssmithb.kodiekak.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 tall free telephone number Is 1-855492.9202. 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 486-9353. Your Name: Melling Address: Your property description: Comments: Case No. 1B-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 69 of 424 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: AUGUST 16, 2017 Case 18-002 Request a Rezone of Emerald Isle Estates Tract from Location 113 -Multifamily Residential District to R1 -Single -Family 2716 Spruce Cape Road Applicant Residential District (Chapter 17.205 KIBC). Emerald Isle Estates LLC/ Kevin Suydam p � A �Y�� e9 y �a.• Jf 3 � � O-•seeel�dk9e DlNe G x - f ;v 0` °>or *e , not G"va > East Rev � p .. an., Cepa Roatl o o` ;veil cee• ya �&j� c a umA eeyc%' ge�`ssa -11 i 3 e `11 F N y f 1 Oe ay .S111,%11 s4Rp aH as. T b a ft=S, Haapn lane Public Hearing Notice Legend A Feat 5uhject Parcel F--7 Tso Isao = Notification Area Kodiak Island Borough GIS Community Development Department .... paces; Roses hop llw kodiakak.uslgis (907)406-9337 This map Is I—kod lm Nfw ncnalpnp;;n mlpnd is nd,I lorany 14OW nprasantaliom. UnconaRcted Right of Ways Case No. 184102 Ordinance No. FY201 B-32 Rezoning Emerald Isle Estates Tract From R3-Mult... 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Page 71 of 424 >Z k1 Z N V AGENDA ITEM O.A. a� ro E� w Ic r� �N Z� a' U' 1I1 ll1 Ill 1I1 1I1 N N Ifl 1!1 Q rl rl e1 H N e -I m rl fi m m m m Ic Ic e m m i m m m m m m m m m _z J F mW � W a� a 5 Y Y Y Y Y Y Q Y Y W Q Q Q Q Q Q 6 Q¢ K N b a w w m O LL Y Y Y Y Y Y Y Y W a a_ a_ a a a a aW _ 0Y Y Y Y Y 0Y Y Y N N m X O m O 6 O Q Y � � G Z H w a p a w Q 2 ¢ y 2 Y U W O Ill W W r m 2 0 m O 0 u V N m Q w tg m rr Q ry m O 0 0 m ti N Q m O m m a a a s .mi r1Oi H rv> 2 O m F m a Q h V w¢ w w w <C) f O O W a o M i 3 3 VI VI Vf 1- > N N O a 2 2 1'm 2 O LL J L' LL u w a Q< 3 m Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 72 of 424 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99616 (907) 486-9363 y8M.4diakak.us 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, an the following request: CASE: 18-002 APPLICANT: Emerald Isle Estates LLCIKevin 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-Multifamlly Residential This notice Is being sent to you because our records indicate you are a property ownerfinterested 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 om. Tuesday August 1. 7017 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 ssmlth(akodiakak 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. 1231. The toll has telephone number Is 1.855.492.9202. One week pdor 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 rase. 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 rig s, please feel Ufa to call u/1s a1rL 486.9383. r� Your Nems: � a > z l� , n MYIIneMdres.: Your Preperry description: IdT'r l� [ — 2 i ))A -?6947 commenls: rN, Case No. 18-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 73 of 424 AGENDA ITEM O.B. KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 21, 2017 y K, ASSEMBLY REGULAR MEETING e SUBJECT: State of Alaska Alcohol and Marijuana Control Office Liquor License Transfer of Controlling Interest For Safeway Liquor Store #2522 FROM Albertsons Companies, LLC TO Albertsons Companies, Inc. ORIGINATOR: Laurie Pardoe RECOMMENDATION: Move to voice non -protest to the State of Alaska Alcohol and Marijuana Control Office for a liquor license transfer of controlling ownership for Safeway Liquor Store #2522 from Albertsons Companies, LLC to Albertsons Companies, Inc.. DISCUSSION: The application is for a liquor license transfer of controlling interest for License No. 174 Package Store located at 502 Marine Way Kodiak, AK. currently known as Safeway Liquor Store #2522.. In this case, Safeway Inc is changing the 100% shareholder from Albertsons Companies, LLC to Albertsons Companies, Inc. A transfer of controlling interest is where the controlling interest of the entity has changed. In this case, Safeway Inc is changing the 100% shareholder from Albertsons Companies, LLC to Albertsons Companies, Inc. The difference from a transfer of ownership is that with a controlling interest change the 'owner' stays the same. The only options available in Title 5.01 to treat liquor licenses are license renewals or new/transfer license. This license is not up for renewal and should be treated as a transfer or a new license; therefore, the Clerk's office followed the procedure in KIBC 5.01.030. Pursuant to KIBC 5.01.040, 179 public hearing notices were mailed to those landowners within 1,500 feet of the liquor store. This license is located within City Limits. Per AMCO, the Borough is noticed out of courtesy on matters regarding liquor licenses within the City and the City of Kodiak is the official "Noticed Local Governing Body." Though this is the case, we still followed the transfer liquor license procedures regardless if they are within the city limits. Any comments from the Borough will be submitted to AMCO. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 5.01.030 New license and transfer procedure: Kodiak Island Borough State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 74 of 424 AGENDA ITEM #9.B. —__ KODIAK ISLAND BOROUGH '• STAFF REPORT DECEMBER 21, 2017 ASSEMBLY REGULAR to MEETING A. Upon receipt of notice from the State of Alaska Alcohol and Marijuana Control Office receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcohol and Marijuana Control Office. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcohol and Marijuana Control Office. Kodiak Island Borough State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 75 of 424 AGENDA ITEM O.B. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9310 Fax(907)486-9391 clerkse-kodiakak.us / www.kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday. December 21. 2017, and the meeting will begin at 6:30 p.m. In the Borouoh Conference Room, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on State of Alaska Alcohol and Marijuana Control Office liquor license application or Intent to approve the transfer of controlllno interest for Safeway Liguor Store #2522 EBOM Albertson Companies LLC TO Albertson Companies, Inc. FROM: License* 174 License Type: Package Store D.B.A.: Safeway Liquor Store #2522 Licensee/Applicant: Safeway Inc. Location: 502 Marine Way TO: License #: 174 License Type: Package Store D.B.A.: Safeway Liquor Store #2522 LicenseWApplicant: Safeway Inc. Location: 502 Marine Way Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. ..,the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to clerks@kodiakak.us, fax to (907) 486-9391, mail or hand deliver to the Office of the Borough Clerk at 710 Mill Bay Rd„ Kodiak, AK 89615 by 12 noon on Thursday, December 21, 2017. If you have any questions, please call us at (907) 486-9310, Name: Mailing Comma ,e. State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 76 of 424 AGENDA ITEM #9.B. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax(907)486-9391 MEMO TO: Michael Powers, Manager Dora Cross, Finance Department Bill Roberts, Assessing Department Building Official Sara Mason, Community Development Department Fire Marshall Bob Tucker, Engineering/Facilities Department FROM: Laurie Pardoe, Deputy Clerk for Nova M. Javier, MMC, Borough Clerk DATE: December 4, 2017 SUBJECT: Liquor License Transfer of Controlling Interest to Safeway Inc. The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for a regular transfer of controlling interest for: From: License #: 174 License Type: Package Store D.B.A.: Safeway Liquor Store #2522 Licensee/Applicant: Safeway Inc. Location: 502 Marine Way L License #:174 License Type: Package Store D.B.A.: Safeway Liquor Store #2522 Licensee/Applicant: Safeway Inc. Location: 502 Marine Way Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (A1), please indicate, with regard to your department, If the Borough has an interest which can be protected by protesting the approval of the transfer. Please return the form below to the clerk's office by Friday. December 15, 2017. LIQUOR LICENSE TRANSFER OF CONTROLLING INTEREST With regard to the IMINa protected by pro sli Signature: 0 e, Department, the Borough hag NO interest, which can be the a 'cation for transfer. ✓% tehad Pnwrrs/� / > With regard to the Department, the Borough HAS an Interest which can be protected by protesting the application for transfer. The Interest(s) to be protected are stated below: Signature: Date: State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 77 of 424 AGENDA ITEM #9.B. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 MEMO TO: Michael Powers, Manager Dara Cross, Finance Department Bill Roberts, Assessing Department Building Official Sara Mason, Community Development Department Fire Marshall Bob Tucker, Engineering/Facilities Department FROM: Laurie Pardoe, Deputy Clerk for Nava M. Javier, MMC, Borough Clerk DATE: December 4, 2017 SUBJECT: Liquor License Transfer of Controlling Interest to Safeway Inc. The Alaska Beverage Control (ABC) Board has noUried the Kodiak Island Borough of a liquor license application for a regular transfer of controlling Interest for. rom: To: License #: 174 License #:174 License Type: Package Store License Type: Package Store D.B.A.: Safeway Liquor Store #2522 D.B.A.: Safeway Liquor Store #2522 Licensee/Applicant: Safeway Inc. Licensee/Applicant: Safeway Inc. Location: 502 Marine Way Location: 502 Marine Way Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (A1), please Indicate, with regard to your department, if the Borough has an Interest which can be protected by protesting the approval of the transfer. Please return the form below to the clerk's office by Friday. December 15, 2017. LIQUOR LICENSE TRANSFER OF CONTROLLING INTEREST i With regard to the r�L� Department, the Borough has NO interest, which can be protected by protesting pl' tion for transfer. Signature: Dale: With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer. The interest(s) to be protected are stated below: Signature: Dale: State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 78 of 424 AGENDA ITEM #9.B. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9310 Fax(907)486-9391 MEMO TO: Michael Powers, Manager Dora Cross, Finance Department Bill Roberts, Assessing Department Building Official Sara Mason, Community Development Department Fire Marshall Bob Tucker, Engineering/Facilities Department FROM: Laurie Pardoe, Deputy Clerk for Nova M. Javier, MMC, Borough Clerk DATE: December 4, 2017 SUBJECT: Liquor License Transfer of Controlling Interest to Safeway Inc. The Alaska Beverage Contra] (ABC) Board has notified the Kodiak Island Borough of a liquor license application for a regular transfer of controlling interest for: From: License #:174 License Type: Package Store D.B.A.: Safeway Liquor Store #2522 Licensee/Applicant: Safeway Inc. Location: 502 Marine Way To: License #: 174 License Type: Package Store D.B.A.: Safeway Liquor Store #2522 Licensee/Applicant: Safeway Inc. Location: 502 Marine Way Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (Al), please indicate, with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer. Please return the form below to the clerk's office by Friday. December 15, 2017. LIQUOR LICENSE TRANSFER OF CONTROLLING INTEREST With regard to the axlmV✓,+r protected by=ing Signature: bellelayw.,f Department, the Borough has NO interest, which can be pplicaflon for transfer. Date: With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer. The interest(s) to be protected are stated below: S( nature: Date: State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 79 of 424 AGENDA ITEM #9.B. Kodiak Island Borough Office of file Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9310 Fax(907)486-9391 MEMO TO: Michael Powers, Manager Dora Cross, Finance Department Bill Roberts, Assessing Department Building Official Sara Mason, Community Development Department Fire Marshall Bob Tucker, Engineering/Facilities Department FROM: Laurie Pardoe, Deputy Clerk for Nova M. Javier, MMC, Borough Clerk DATE: December 4, 2017 SUBJECT: Liquor License Transfer of Controlling Interest to Safeway Inc. The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for a regular transfer of controlling interest for: From: License #: 174 License Type: Package Store D.B.A.: Safeway Liquor Store #2522 Licensee/Applicant Safeway Inc. Location: 502 Marine Way s License #: 174 License Type: Package Store D.B.A.: Safeway Liquor Store #2522 Licensee/Applicant: Safeway Inc. Location: 502 Marine Way Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (Al), please indicate, with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer. Please return the form below to the clerk's office by Friday, December 15, 2017. LIQUOR LICENSE TRANSFER OF CONTROLLING INTEREST With regard to the EUr, ?W Department, the Borough has NO interest, which can be protected by o esling to application for transfer. / Signature: ) Date: 2 y With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer. The interest(s) to be protected are stated below: Signature: Date: State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 80 of 424 AGENDA ITEM #9.B. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax(907)486-9391 MEMO TO: Michael Powers, Manager Dora Cross, Finance Department Bill Roberts, Assessing Department Building Official Sara Mason, Community Development Department Fire Marshall Bob Tucker, Engineering/Facilities Department FROM: Laurie Pardoe, Deputy Clerk for Nova M. Javier, MMC, Borough Clerk DATE: December 4, 2017 SUBJECT: Liquor License Transfer of Controlling Interest to Safeway Inc. The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for a regular transfer of controlling Interest for: From: License* 174 License Type: Package Store D.B.A.: Safeway Liquor Store #2522 Licensee/Applicant: Safeway Inc. Location: 502 Marine Way To: License #: 174 License Type: Package Store D.B.A.: Safeway Liquor Store #2522 Licensee/Applicant: Safeway Inc. Location: 502 Marine Way Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (Al), please Indicate, with regard to your department, if the Borough has an Interest which can be protected by protesting the approval of the transfer. Please return the form below to the clerk's office by Friday. December 15, 2017. LIQUOR LICENSE TRANSFER OF CONTROLLING INTEREST t With regard to the jRV' fate, Department, the Borough has NO interest, which can be protected by protesting the application for transfer. Signature: Dwal ,nfr `o Dale: I;� 1,511 1 • With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer. The interest(s) to be protected are stated below: Signature: Dale: State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 81 of 424 AGENDA ITEM O.B. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9310 Fax(907)486-9391 MEMO TO: Michael Powers, Manager Dora Cross, Finance Department Bill Roberts, Assessing Department Building Official Sara Mason, Community Development Department Fire Marshall Bob Tucker, Engineering/Facilities Department FROM: Laurie Pardoe, Deputy Clerk for Nova M. Javier, MMC, Borough Clerk DATE: December 4, 2017 SUBJECT: Liquor License Transfer of Controlling Interest to Safeway Inc. The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for a regular transfer of controlling interest for: From: License #:174 License Type: Package Store D.B.A.: Safeway Liquor Store #2522 Licensee/Applicant. Safeway Inc. Location: 502 Marine Way To: License #:174 License Type: Package Store D.B.A.: Safeway Liquor Store #2522 Licensee/Applicant: Safeway Inc. Location: 502 Marine Way Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (A1), please indicate, with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer. Please return the form below to the clerk's office by Friday. December 15, 2017. LIQUOR LICENSE TRANSFER OF CONTROLLING INTEREST D With regard to the ZJo"ZFW Department, the Borough has NO interest, which can be protected protesting the do q t orUor transfer. Signalu w J Date: tZ (-7 9 With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer. The interest(s) to be protected are stated below: Signature: Date: State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 82 of 424 AGENDA ITEM #9.B. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 MEMO TO: Michael Powers, Manager Dora Cross, Finance Department Bill Roberts, Assessing Department Building Official Sara Mason, Community Development Department Fire Marshall Bob Tucker, Engineering/Facilities Department FROM: Laurie Pardoe, Deputy Clerk for Nova M. Javier, MMC, Borough Clerk DATE: December 4, 2017 SUBJECT: Liquor License Transfer of Controlling Interest to Safeway Inc. The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for a regular transfer of controlling interest for: From: License #: 174 License Type: Package Store D.B,A.: Safeway Liquor Store #2522 Licensee/Applicant: Safeway Inc. Location: 502 Marine Way To: License #: 174 License Type: Package Store D.B.A.: Safeway Liquor Store #2522 Licensee/Applicant: Safeway Inc. Location: 502 Marine Way Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (A1), please indicate, with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer. Please return the form below to the clerk's office by Friday, December 15.2017. LIQUOR LICENSE TRANSFER OF CONTROLLING INTEREST With regard to the protected by protesting Signature: Fiff 4#r Slice ( Department, the Borough has NO interest, which can be the . plication for transfer. Date:PV ' 'r With reg to the Department, the Borough HAS an interest which can be protected by protesting the Ypplication for transfer. The interest(s) to be protected are staled below: Signature: Date: State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 83 of 424 N yy�l JI v'I O O •'I O N N 1I1 N N N Ill N N N N N. 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'.id'ao am Wum 3 0_ tw; 0arv2xxm¢0z'¢rme2weun ��se�yPy�u s ampJoaioooogo3°3omooaoomi 0�mmgm smosz Ci om O0Om0Na 0m60.No m m � ry ry n m m n n n n n Q Q n n m tZ N n m N N n e a t� n a N m u Q b m x U W �a u �s Qe„1 sN Y Y O J G 2 0u J 2 a a 0 0 r° °? D a 0 3 W m ° 41 r$ Z O O 8 r a a a a W z a o o 3 a i 5 aCr h "� S> i W k' o r a a z0 n m ¢>>> i o 0 0> € a> x x a 4n z z z 0 o¢ "' == z z a a a '2 a W' h icaN�H� vai vwi vxihNN nNNn rn rii rn 5rn NNr r°��>>**333333333 u w ¢ i a x � LL 58� a fmgOa<W¢ 9W w to H w r ¢ ¢ w o> u m a o m o a of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 87 of 424 AGENDA ITEM #9.B. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 clerks ankodiakak.us / www.kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, December 21. 2017, and the meeting will begin at 6:30 P.m. in the Borough Conference Room, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on State of Alaska Alcohol and Marijuana Control Office liquor license application or intent to approve the transfer of controlling Interest for Safewav Liauor Store #2522 FROM Albertsons Companies. LLC TO Albartsons FROM: License #: 174 License Type: Package Store D.B.A.: Safeway Liquor Store #2522 Licensee/Applicant: Safeway Inc. Location: 502 Marine Way TO: License #: 174 License Type: Package Store D.B.A.: Safeway Liquor Store #2522 Licensee/Applicant: Safeway Inc. Location: 502 Marine Way Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. ......the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or Issuance of the liquor license. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to clerks@kodiakak.us, fax to (907) 486-9391, mail or hand deliver to the Office of the Borough Clerk at 710 Mill Bay Rd., Kodiak, AK 99615 by 12 noon on Thursday, December 21, 2017. If you have any questions, please call us at (907) 486-9310. Name: Mailing Address: Comments: State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 89 of 424 AGENDA ITEM #9.B. 1500 Ft NotificationArea . 1 Liquor . - Ig .Q Public Hearin• • ® Notification Area State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 90 of 424 THE STATE °fALASKA GOVERNOR BILL. WALKER November 14, 2017 City of Kodiak Attn: Debra Marlar Via Email: clerk@city.kodiak.ak.us Cc: clerks@kodiakak.us Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 711 Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 License Type: Package Store License Number: 1 174 Licensee: Safeway Inc. Doing Business As: Safeway Liquor Store #2522 ❑ New Application ❑ Transfer of ownership Application ❑ Transfer of Location Application ® Transfer of Controlling Interest Application We have received a completed application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your protest within 60 days and show proof of service upon the applicant. AS 04.11.491— AS 04.11.509 provide that the board will deny a license application if the board finds that the license is prohibited under as a result of an election conducted under AS 04.11.507. AS 04.11.420 provides that the board will not issue a license when a local governing body protests an application on the grounds that the applicant's proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the alcohol establishment, unless the local government has approved a variance from the local ordinance. Sincerely, Erika McConnell, Director amco.localeovernmentonly@alaska.Rov State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 91 of 424 What Is this form? AGENDA ITEM O.B. Alcohol and Marijuana Control Office 550 W 7o Avenue, Suite 1600 Anchorage, AN 99501 almhol.licensing0ala5ka.aov htws: //www.comm6rce.alaska.aov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB -01: Transfer License Application This transfer license application form is required for all Indlviduals or entities seeking to apply for the transfer of ownership and/or location of an existing liquor license. Applicants should review Title 04 of Alaska Statutes and Chapter 304 of the Alaska Administrative Code. All fields of this form must be completed, per AS 04.11.260, AS 04.11.280, AS 04.11.290, and 3 AAC 304.105. This form must be completed and submitted to AMCO's main office, along with all other required forms and documents, before any license application will be considered complete. -x - a 7 ��nf ' s a _LJ tTri_. a _:+�:x.`. e :a`c' .. Enter information for the currentllcensee and licensed establishment. Licensee: Safeway Inc. License #: 174 License Type: Package Store Statutory Reference: Sec. 04.11.150 Doing Business As: Safeway Liquor Store #2522 Premises Address: 502 Marine Way City: Kodiak state: Alaska ZIP: 99615 Local Governing Body: I City of Kodiak Transfer Type: NRegulartransfer ❑ Transfer with security Interest nInvoluntary retransfer OFFICE USE ONLY Complete Date: Tmnsoctlan A Board Meeting Dote: License years: Issue Date: BRE: (Form AB -011 (rev 06/30/20161 Page i of 7 ,,.; . �� 1`i i 0 L�_� 1 i State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 92 of 424 N AGENDA ITEM #9.B. Alcohol and Marijuana Control Office 550 W 7'h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.11ce nsmahialaska.cov haps://www.comtnerce alaska.eov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB -01: Transfer License Application - _ _ - -- -- - _- _ "Section 2 -Transferee lnformatibn Enter Information fnr the new annlirant and/or location seeking to be licensed. Licensee: Safeway Inc. Doing Business As: Safeway Liquor Store #2522 Premises Address: 502 Marine Way City: Kodiak I State: JAlaska zip: 199615 Community Council: None MailingAddress: I P.O. Box 29096 MS 6531 City: JPhoenix I state: Arizona I ZIP: 85038-9096 Designated Licensee: Safeway Inc. Contact Phone: (623) 869-3573 Business Phone: (623) 869-3573 Contact email: Nase.tax@safeway.com Yes No Seasonal License? ® El If 'Wes", write your six-month operating period: Sectibn •3 - Premises Iriformation Premises to be licensed is: 7 an existing facility © anew building ® a proposed building The next two questions must be completed by beverage dispensary (including tourism) and package store applicants only: What Is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to .3 Miles What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to .2 Miles [Form AB -011 (rev 05/30/2016) Page 2 of 7 a NOV 10 « I State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 93 of 424 AGENDA ITEM O.B. Alcohol and Marijuana Control Office 550 W 7" Avenue, Suite 1600 b Anchorage, AK 99501 .,,f alcohol.licensing@alaska.aov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 _ Alaska Alcoholic Beverage Control Board �raRor r.U"" Form AB -01: Transfer License Application Section 4 - Sole Proprietor Ownership Information This section must be completed by any sole proprietor who Is applying for a license. Entitles should skip to Section S. If more space Is needed, please attach a separate sheet with the required information. The following information must be completed for each licensee and each affiliate (spouse). This individual Is an: R applicant ❑ affiliate Name: Address: City: State: ZIP: This individual is an: F1 applicant F affiliate Name: Address: City: State: ZIP: Section 5 — Entity Ownership Information This section must be completed by any, enti including a corporation, limited liability company (U -C), partnership, or limited partnership, that is applying fora license. Sole proprietors should skip to Section S. If more space is needed, please attach a separate sheet with the required information. • If the applicant is a corporation, the following information must be completed for each stockholder who owns 10% or more of the stock in the corporation, and for each president, vice-president secretary, and managing officer. • If the applicant is a limited liability organization, the following information must be completed for each member with an ownership Interest of 10%ormore, and for each manager. • If the applicant is a Partnership, including a limited partnership, the following information must be completed for each partner with an interestof 10%ormore, and for each general partner. Entity official: Wayne Denningham Title(s): President I Phone: (208) 395-5248 1 %owned: 0 Address: 7893 North Vue Estates City: Meridian I State: I Idaho I ZIP: 183646 [Form A"11 (rev 06/30/2016) ' � o I n Tvi State of Alaska Alcohol and Marijuana Control Office Liquor License Tran...Page 94 of 424 AGENDA ITEM O.B. Alcohol and Marijuana Control Office 550 W 7° Avenue, Suite 1600 Anchorage, AK 99501 almhol.licensin¢Peleska.¢ov httos://www,mmmerce.alaska.aoy/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB -01: Transfer License Application Entity official: Robert A. Gordon Title(s): SecretaryNP/General Counsel Phone: (925) 226-5510 1 %Owned; 0 Address: 24 Robert Road City: Orinda state: California zIP; 94563 Entity Official: Gary Morton Title(s): TreasurerNP/AsslstantSecretery Phone: (208)395-5394 1 %Owned: 0 Address: 2000 Canal Street City: Boise IState: I Idaho I ZIP: 83705 Entity Official: Robert Dimond Title(s): Executive VP/Chief Financial Officer Phone: (208) 395-4305 1 %owned: 0 Address: 1740 S Lake Crest Way City: Eagle I state: I Idaho I ZIP: 183616 This subsection must be completed by any applicant that Is a corporation or LLC. Corporations and LLCs are required to be In good standing with the Alaska Division of Corporations (DOC) and have a registered agent who is an Individual resident of the state of Alaska. DOC Entity 0: 39147E I AK Formed Date: 111/7/1986 1 Home state: IDelaware Registered Agent: Robert Blasco I Agent's Phone; (800) 927-9800 Agent's Maliingaddress: c/o CT Corporation System, 9360 Glacier Hwy., Ste. 202 City: Juneau I state: JAlaska I ZIP: 1998ol Residency of Agent; Yes No Is your corporation or LLCs registered agent an Individual resident of the state of Alaska? X1 E] [Form AB -01) (rev 06/30/2016) tlov 10 2011 Paga4 of7 State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 95 of 424 AGENDA ITEM O.B. Entity Members (cont'd): Entity Official: Albertsons Companies, Inc. Title(s): Shareholder I Phone: N/A %Owned: 100 Address: 250 Parkcenter Blvd., West Plaza City: Boise I State: Idaho zip: 83706 OCT 2 12011 State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 96 of 424 AGENDA ITEM O.B. Alcohol and Marijuana Control Office 550 W 7'h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@ataska.gov https://www,commerce.alaska.gov/web/`�amcp Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB -01: Transfer License Application Section 6 — Other Licenses Ownership and financial interest in other alcoholic beverage businesses: Yes No Does any representative or owner named as a transferee in this application have any direct or indirect❑ financial interest in any other alcoholic beverage business that does business in or is licensed in Alaska? nx If "Yes", disclose which individuals) has the financial interest, what the type of business is, and if licensed in Alaska, which anu ucense See attached Section 7 — Authorization Communication with AMCO staff: Yes No Does any person other than a licensee named in this application have authority to discuss this license with O E]AMCO staff? the name of the Individual Michele Droege, Dorsey & Whitney LLP and Jill McLeod, Esq., Dorsey & Whitney LLP, Liquor License Counsel. State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 97 of 424 AGENDA ITEM O.B. Alcohol and Marijuana Control Office `ar.,aiawy 550 W 71s Avenue, Suite 1600 erAnchorage, AK 99501 $ alcohotlicensinaraalaska cov +7 huos./Iwww.commere.aiaska.aov/web/a�rzo Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board a4@n;Av" Form AB -01: Transfer License Application Section 8 — Transferor Certifications Additional copies of this page maybe attached, as needed, for the controlling interest of the current licensee to be represented. I declare under penalty of perjury that the undersigned represents a controlling Interest of the curcent licensee. I add itiona I lycertify that I, as the current licensee (either the sole proprietor or the controlling Interest of the cu men dylicensed entity) have examined this application, approve of the transfer of this license, and find the information on this application to be true, correct, and complete. Signature of transferor Robert A. Gordon Printed name of transferor Subscribed and sworn to before me this 1"40%dayof October .20 17 J. MCKENNF.Y NOTARY PUBLIC STATE OF IDAHO 4cWks. 6" Signature of transferor �C.it 1Y l-�.1�P.L.rY Slgnatu of Notary is Notary Public in and for the State of IDAHO My commission expires: _t 7-1 t 5 1 22.- Robert A. Gordon Printed name of transferor Subscribed and sworn to before me thisCA day of October 20 17 0 IL J. McKENNEV NOTARY PUBLIC SI Lure of Nota bllc 4.... STAT E OFA IDAHO Notary Public in and for the State of IDAHO My commission expires: 12 i5 �-� State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 98 of 424 AGENDA ITEM O.B. Alcohol and Marijuana Control Of Oce v�vuv � 7 ;t,AA 7,-4 N 550 w 7'" Avenue, Suite 1600 Anchorage, Ag 99501 lucohoi brensin¢�9alaska. eov r � f m,os 1' CO ¢ -e al Sid o ! nU/am"0 f r� for rejection or denial of this application or revocation of any license issued. Phone: 907.269.0350 •,no; Alaska Alcoholic Beverage Control Board Form AB -01: Transfer License Application Section 9 — Transferee Certifications Read each line below, and then sign your Initials in the box to the right of each statement: Initials I certify that all proposed licensees (as defined in AS 04.11.260) and affiliates have been listed on this application. N I certify that all proposed licensees have been listed with the Division of Corporations. I certify that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued. I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check the identification of a patron will complete an approved alcohol server education course, if required by AS 04.21.025, and, while selling or serving alcoholic beverages, will carry or have available to show a current course card or a photocopy of the card certifying completion of approved alcohol server education course, if required by 3 AAC 304.465. 1 agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. RI As an applicant for a liquor license, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, Including all accompanying schedules and statements, is true, correct, and complete. "C., Signature of transferee Robert A. Gordon Printed name n�i. Subscribed and sworn to before me thlsi.r-rl day of October 20 17 J. MCKENNFY NOTARY PUBLIC STATE Or IDAHO Sigm re of Notary u Iic Notary Public in and for the State of IDAHO My commission expires: 12/15/22 (Form AS-011(rev 10/10/2016( I 1 OCT lags fia(i7 State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 99 of 424 AGENDA ITEM O.B. ATTACHMENT A ALASKA LIQUOR LICENSES Oaken Nag SPmI SMp 1866 Llq LIC Llq Lsm WN OWE. NORTHERN ANCHORAGE 9050] _ Dow Keg Spill SMp ilp 13U Cuxenl DBA Fxlliry, No. E1p Addnsa City Code Corporate Owner 9" 8M M15 5527NRPORTWAY 1015 10001t�9 RO FAIR N 1 98101 , FNRBANNS MjQ_ - BLVD, Salawry 1611 1601 5010 601MMgiR-W/tY .•_ IfDONIS,�r�9�15, - SslewyjnF_ Cm CrmkMxur.We 1818 IIT ,174 1016 HIGHTOV.ER GIRDMDD 99587 C.Gp8sten Foods Co �1R�E1_.__ ST Ej ET , Dakxl Keg SPa 6Mp GNan Keg .._--. 646 Oaten Keo Spit 6MP 1831 776 10/6 Wt NORTH SANTA NORTH POLE 89105 Can•GwlsMn Foods Co ANCHORAGE 89904 Cor-Go9aleA fopOL Ce OMMKag Spit SMD CLAUS LANE 3W7 3016 3303VWAGE JUNEAU Oaken Kwe SpnlSMp 1101 783 3011 ANCHORAGE 99501 Cxr.G6ealen Foods 00 OeNeA Nag 18]2 4163 STREETMBELL HOMER 99801 fia/eway lna __ Oaken Kq Spit Shop 1806 TBJ 3014 , 16SHTS NORTHERN ANCHORAGE 9050.3 Can Gxwam Foods Co 4167 mscTIR. 3014 1725 ABB07T ROAD'ANCMORAGE 99597 9alswr1 lrK LIGHTS BLVD t1M�� 4Sk/ 1014 '1901 BEYMIIG lIWY.1 Oaken Nag SPmI SMp 1866 no WN OWE. NORTHERN ANCHORAGE 9050] _ Dow Keg Spill SMp 610 13U I LIGHTSBLVo - I __.. Oekin Nap 9pnl9hp IOM m0114 560DOEBARR ROAGr ANCHORAGE 99501 SelexryBlpre men Keg 3410 9" 8M M15 5527NRPORTWAY 1015 10001t�9 RO FAIR N 1 98101 , FNRBANNS MjQ_ Owen Keg So"Shop 161] 1336 �2014M78 COLLEGE i FAIRBANKS I SIM CmrrGoe MFodla Co _ Dow Keg Spill SMp 610 13U ROAO____ MIS ,3161 PENLAND - ANCHORAGE' 68560 balo-way Me EVBROREEN. _. 1811 .. _. Oaken Kap Spa SMp .__ 1611 1387 _.PARKWAY 2014 .<0MNE6T DaJONO ANCHORAGE 59!15 CIrt-Ganxmn Foods C. - BLVD, ONan lfe08piil Shop 1601 Idea 20-14114W BUSINESS EAGLE NIVER 59577 CxrGaWbn FOAG6 - 9Af Oakxi Nap Omkswv ___PARKBLVD. - ___.._.._.—.. ..__ Oaken Kao 161] 1786 ]614 1501 HUFFMAN ANCHORAGE' 99515 1 Can -Goth FwO Co �1R�E1_.__ `OAP._ Dakxl Keg SPa 6Mp GNan Keg .._--. 646 16x6 .— 1016 101 428 STERLING SOLOOTWI 99568 Sideway f OWan Keg Boa 610 1617- i014 M14 ,7731 EA ST - ANCHORAGE 89904 Cor-Go9aleA fopOL Ce Oikun Keg 1738 0188 3614 E4WE6T PALMER 99895 6W-0pMtMIIFWOa La .. _ _..._. EVBROREEN. _ Oaken Kp SDa Brix, 1811 3166 2014 599 EAST PARKS WA9ILLA 98661 Cm4Lplhtain Fords C0 - _ 6 Stare 1_680. 3509._.201 Is,A1'__.___. p2686f10. KOOIAK 9Af Oakxi Nap Omkswv 1611 IBI] 1313MILL.S 1014 131]NEAL6 VALDEZ ayl em 89886 8afewryM6 �1R�E1_.__ _ Dakxl Keg SPa 6Mp 1601 1316 3914 1MTSKENAISPUR KE" 99611 Cw-GvsWleel Fsd%CD OMMKag Spit SMD 1tW 3W7 3016 3303VWAGE JUNEAU 99801 CamGouaNn Foods Co BLVD. OeNeA Nag 18]2 4163 3016 BO STERLWO I HOMER 99801 fia/eway lna __ HI Oaken Keg 3836 4167 mscTIR. 3014 1725 ABB07T ROAD'ANCMORAGE 99597 9alswr1 lrK Oaken Nap t1M�� 4Sk/ 1014 '1901 BEYMIIG lIWY.1 6EWAR0 896_._641 Lart•Gwbten Faob Cl Oaken Keg Spit Shea 1818 4361 ]014 2417TONGAS6AVE' KETCHINAN 96901 ICee OolbNn Pmtle Gl OUTSIDE OF ALASKA SAFEWAY INC. HAS INTERESTS IN ALCOHOLIC BEVERAGE LICENSES AS SHOWN BELOW rupu. CaBarrie, Cobndo, Delaware, D,sV,a o1 CoLnedA H9 WL Ilona. Mary'eM Montana slNaMu NweM, New Ms.Ioo, Oregon SauN _Mlmle. VlgidA YkNiry I�°rF.WJ'�^!!'9..._ _ ANDALL'b FOOD AND AIM _ esea ens :xncrn,a OCT 2 7 2011 State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 100 of 424 �f y�•4yr �oM1 ,�-Alaska Alcoholic Beverage Control Board •'rao::us"' Form AB -02: Premises Diagram What is this form? AGENDA ITEM O.B. Alcohol and Marijuana Control Office 550W7 th Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https://www.commerce.alaska.Rov/web/amco Phone: 907.269.0350 A detailed diagram of the proposed licensed premises is required for all liquor license applications, per AS 04.11.260 and 3 AAC 304.185. Your diagram must include dimensions and must show all entrances and boundaries of the premises, walls, bars, fixtures, and areas of storage, service, consumption, and manufacturing. If your proposed premises is located within a building or building complex that contains multiple businesses and/or tenants, please provide an additional page that clearly shows the location of your proposed premises within the building or building complex, along with the addresses and/or suite numbers of the other businesses and/or tenants within the building or building complex. The second Page of this form is not required. Blueprints, CAD drawings, or other clearly drawn and marked diagrams may be submitted in lieu of the second page of this form. The first page must still be completed, attached to, and submitted with any supplemental diagrams. An AMCO employee may require you to complete the second page of this form if additional documentation for your premises diagram is needed. This form must be completed and submitted to AMCO's main office before any license application will be considered complete. Yes No I have attached blueprints, CAD drawings, or other supporting documents in addition to, or in lieu of, the second a ❑ page of this form. Section 1 — Establishment Information Enter Information for the business seeking to be licensed, as Identified on the license application. Licensee: Safeway Inc. License Number: 174 Licenserype: Package Store Doing Business As: Safeway Liquor Store #2522 Premises Address: 502 Marine Way City: Kodiak I state: JAIaska zip: 99615 [Form AB-021(rev 06124/2016) OCT 2 7 201T State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... paoe1 p 1 of 424 AGENDA ITEM #9.8. STATE OF ALASKA ALCOHOLIC BEVERAGE CONTROL BOARD LICENSED PREMISES DIAGRAM DIB/A: Kodiak Safeway Liquors PREMISES LOCATION, 502 marina way DATE RECEIVED- 8/24/95 Kodiak AK INSTRUCTIONS: Draw a d9alted Boor plan of your present or proposed Iaermed premtaea on tib ...w. w.w...a.....o ee,.ee....ea ..w. ee., .a n.,. .....w. e. wr.. •...,,..............w... State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... •'l•( .Q OCT 2 ) 2011 Page 102 of 424 December 14, 2017 Alberlsons Companies Inc. Mr. Wayne Denningham-President 7893 North Vue Estates Meridian Idaho 83646 Mr. Denningham AGENDA ITEM O.B. Office of the Mayor and Council 710 Mill Bay Road, Room 219, Kodiak, Alaska 99615 Though the City of Kodiak is voicing a non -objection to the transfer of Liquor License #174, located in downtown Kodiak; we have serious concerns about the continued operation of a package liquor store of this type in its current location. Alcohol abuse, public inebriation, theft, assault, and lewd behavior have been on the rise in the downtown area. This has had a direct negative impact on the ability of local businesses to conduct normal operations and offer a safe and inviting environment to their patrons. Other Alaskan municipalities have created ordinances to minimize or mitigate negative impacts that the sale of certain types and sizes of alcoholic beverages have on the surrounding area. The first-hand observations of our various departments involved in downtown issues (the Kodiak Police Department, Kodiak Fire Department, Harbor Department, and Parks & Recreation), as well as first-hand observations of business owners and private citizens, indicate that 40 oz cans of alcohol, malt liquor, and 50 ml "mini bottles" of liquor and spirits are the primary types and sizes of alcoholic beverages being abused downtown and that are a factor in continued problems associated with public consumption of alcohol. Therefore, we want to make it clear that although we are voicing a non -objection to the transfer of Liquor License #174 at this time, we have serious reservations about the presence of this store contributing to public inebriation by selling the above mentioned items. The City will continue to monitor and evaluate the situation. Thank you for your attention. I am available to discuss this in further detail. Respectfully, �t Pat Branson, Mayor City of Kodiak C: State of Alaska, AMCO Telephone (907) 486.8636 I Fax (907) 486-8613 rnayor@city.kodiak.ak.us State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 103 of 424 AGENDA ITEM #9. C. KODIAK ISLAND BOROUGH STAFF REPORT G*` DECEMBER 21, 2017 r ASSEMBLY REGULAR MEETING SUBJECT: State of Alaska Alcohol and Marijuana Control Office Liquor License Transfer Of Controlling Interest For Safeway Liquor Store #1090 FROM Albertsons Companies, LLC TO Albertsons Companies, Inc. ORIGINATOR: Laurie Pardoe RECOMMENDATION: Move to voice non -protest to the State of Alaska Alcohol and Marijuana Control Office for a liquor license transfer of controlling interest for Safeway Liquor Store #1090 from Albertsons Companies, LLC to Albertsons Companies, Inc. DISCUSSION: The application is for a liquor license transfer of controlling interest for License No. 2509 Package Store located at 2685 Mill Bay Road Kodiak, AK., currently known as Safeway Liquor Store #1090. In this case, Safeway Inc. is changing the 100% shareholder from Albertsons Companies, LLC to Albertsons Companies, Inc. A transfer of controlling interest is where the controlling interest of the entity has changed. In this case, Safeway Inc. is changing the 100% shareholder from Albertsons Companies, LLC to Albertsons Companies, Inc. The difference from a transfer of ownership is that with a controlling interest change the "owner" stays the same. The only options available in Title 5.01 to treat liquor licenses are license renewals or new/transfer license. This license is not up for renewal and should be treated as a transfer or a new license; therefore, the Clerk's office followed the procedure in KIBC 5.01.030. Pursuant to KIBC 5.01.040, 179 public hearing notices were mailed to those landowners within 1,500 feet of the liquor store. This license is located within City Limits. Per AMCO, the Borough is noticed out of courtesy on matters regarding liquor licenses within the City and the City of Kodiak is the official "Noticed Local Governing Body." Though this is the case, we still followed the transfer liquor license procedures regardless if they are within the city limits. Any comments from the Borough will be submitted to AMCO. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 5.01.030 New license and transfer procedure: A. Upon receipt of notice from the State of Alaska Alcohol and Marijuana Control Office receipt of an application or intent to approve the transfer or issuance of a new liquor license: Kodiak Island Borough State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 104 of 424 AGENDA ITEM O.C. KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 21. 2017 ASSEMBLY REGULAR MEETING t V. 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcohol and Marijuana Control Office. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcohol and Marijuana Control Office. Kodiak Island Borough State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 105 of 424 AGENDA ITEM #9.C. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax(907)486-9391 MEMO TO: Michael Powers, Manager Dora Cross, Finance Department Bill Roberts, Assessing Department Building Official Sara Mason, Community Development Department Fire Marshall Bob Tucker, Engineering/Facilities Department FROM: Laurie Pardoe, Deputy Clerk for Nova M. Javier, MMC, Borough Clerk DATE: February 17,2017 SUBJECT: Liquor License Transferof Controlling Interest to Safeway Inc. The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for a regular transfer of controlling Interest for. From: To: License #: 2509 License #: 2509 License Type: Package Store License Type: Package Store D.B.A.: Safeway Liquor Store #1090 D.B.A.: Safeway Liquor Store #1090 Licensee/Applicant: Safeway Inc. Licensee/Applicant: Safeway Inc. Location: 2685 Mill Bay Road Location: 2685 Mill Bay Road Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (All), please indicate, with regard to your department, if the Borough has an Interest which can be protected by protesting the approval of the transfer. Please return the form below to the clerk's office by Friday, December 1. 2017. LIQUOR LICENSE TRANSFER OF CONTROLLING INTEREST With regard to the �.�/'�i Department, the Borough has NO Interest, which can be protected by protesting the application for transfer. / 7 Signature: Date: �I 1 > With regard to the Department, the Borough HAS an Interest which can be protected by protesting the application for transfer. The interest(s) to be protected are staled below: Signature: Date: State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 106 of 424 AGENDA ITEM #9. C. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 MEMO TO: Michael Powers, Manager Dora Cross, Finance Department Bill Roberts, Assessing Department Building Official Sara Mason, Community Development Department Fre Marshall Bob Tucker, Engineering/Facilities Department FROM: Laurie Pardoe, Deputy Clerk for Nova M. Javier, MMC, Borough Clerk DATE: February 17,2017 SUBJECT: Liquor License Transfer of Controlling Interest to Safeway Inc. The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for a regular transfer of controlling interest for: From: Tom" License M 2509 License #: 2509 License Type: Package Store License Type: Package Store D.B.A.: Safeway Liquor Store #1090 D.B.A.: Safeway Liquor Store #1090 Licensee/Applicant: Safeway Inc. Licensee/Applicant: Safeway Inc. Location: 2685 Mill Bay Road Location: 2685 Mill Bay Road Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (A1), please indicate, with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer. Please return the form below to the clerk's office by Friday. December 1. 2017. LIQUOR LICENSE TRANSFER OF CONTROLLING INTEREST > With regard to thej protected by protesti Signature: S'�ti `) Department, the Borough has NO Interest, which can be lh plication for transfer. Date: D With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer. The interest(s) to be protected are staled below: Signature: Date: State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 107 of 424 AGENDA ITEM #9. C. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 MEMO TO: Michael Powers, Manager Dora Cross, Finance Department Bill Roberts, Assessing Department Building Official Sara Mason, Community Development Department Fire Marshall Bob Tucker, Engineering/Facilities Department FROM: Laude Pardoe, Deputy Clerk for Nova M. Javier, MMC, Borough Clerk DATE: February 17,2017 SUBJECT: Liquor License Transfer of Controlling Interest to Safeway Inc. The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for a regular transfer of controlling interest for. rom: To: License #: 2509 License #: 2509 License Type: Package Store License Type: Package Store D.B.A.: Safeway Liquor Store #1090 D.B.A.: Safeway Liquor Store #1090 Licensee/Applicant: Safeway Inc. Licensee/Applicant: Safeway Inc. Location: 2685 Mill Bay Road Location: 2685 Mill Bay Road Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (Al), please indicate, with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer. Please return the form below to the clerk's office by Friday. December 1. 2017. LIQUOR LICENSE TRANSFER OF CONTROLLING INTEREST With regard to the F nva�uwrkN protected by lin Signature: k 1,n,6eq ent, the Borough has NO interest, which can be he application for transfer. Date: II122 17 With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer. The interest(s) to be protected are stated below: Signature: Date: State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 108 of 424 AGENDA ITEM #9. C. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 MEMO TO: Michael Powers, Manager Dora Cross, Finance Department Bill Roberts, Assessing Department Building Official Sara Mason, Community Development Department Fire Marshall Bob Tucker, Engineering/Facilities Department FROM: Laurie Pardoe, Deputy Clerk for Nova M. Javier, MMC, Borough Clerk DATE: February 17,2017 SUBJECT: Liquor License Transfer of Controlling Interest to Safeway Inc. The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for a regular transfer of controlling interest for: From: To: License V. 2509 License #: 2509 License Type: Package Store License Type: Package Store D.B.A.: Safeway Liquor Store #1090 D.B.A.: Safeway Liquor Store #1090 Licensee/Applicant: Safeway Inc. Licensee/Applicant: Safeway Inc. Location: 2685 MITI Bay Road Location: 2685 Mill Bay Road Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (Al), please indicate, with regard to your department, If the Borough has an Interest which can be protected by protesting the approval of the transfer. Please return the form below to the clerk's office by Friday. December 1. 2017. LIQUOR LICENSE TRANSFER OF CONTROLLING INTEREST 'r With regard to the protected by protesting t Signature: Department, the Borough has NO interest, which can be a2plicatlon for transfer. icker Date: G With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer. The interest(s) to be protected are stated below: Signature: Date: State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 109 of 424 AGENDA ITEM #9. C. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 MEMO TO: Michael Powers, Manager Dora Cross, Finance Department BIII Roberts, Assessing Department Building Official Sara Mason, Community Development Department Fire Marshall Bob Tucker, Engineering/Facilities Department FROM: Laurie Pardoe,Deputy Clerk for Nova M. Javier, MMC, Borough Clerk DATE: February 17,2017 SUBJECT: Liquor License Transfer of Controlling Interest to Safeway Inc. The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for a regular transfer of controlling interest for., From: To: License #: 2509 License #: 2509 License Type: Package Store License Type: Package Store D.B.A.: Safeway Liquor Store #1090 D.B.A.: Safeway Liquor Store #1090 Licensee/Applicant: Safeway Inc. Licensee/Applicant: Safeway Inc. Location: 2685 MITI Bay Road Location: 2685 Mill Bay Road Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (Al), please indicate, with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer. Please return the form below to the clerk's office by Friday. December 1, 2017. LIQUOR LICENSE TRANSFER OF CONTROLLING INTEREST > With regard to the F\ A( CL Department, the Borough has NO interest, which can be protected by protesting the application for transfer. Signature: l--�'Qn0 CTt6 7 1 Date: --JLL'2-0 ZO I l� D With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer. The interest(s) to be protected are staled below: Signature: Dale: State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 110 of 424 AGENDA ITEM #9. C. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax(907)486-9391 MEMO TO: Michael Powers, Manager Dara Cross, Finance Department Bill Roberts, Assessing Department Building Official Sara Mason, Community Development Department Fire Marshall Bob Tucker, Engineering/Facilities Department FROM: Laurie Pardce Deputy Clerk for Nova M. Javier, MMC, Borough Clerk DATE: February 17,2017 SUBJECT: Liquor License Transfer of Controlling Interest to Safeway Inc. The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for a regular transfer of controlling interest for: From: To: License #: 2509 License #: 2509 License Type: Package Store License Type: Package Store D.B.A.: Safeway Liquor Store #1090 D.B.A.: Safeway Liquor Store #1090 Licensee/Applicant: Safeway Inc. Licensee/Applicant: Safeway Inc. Location: 2685 Mill Bay Road Location: 2685 Mill Bay Road Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (Al), please Indicate, with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer. Please return the form below to the clerk's office by Friday. December 1. 2017. LIQUOR LICENSE TRANSFER OF CONTROLLING INTEREST DWith regard to the � protected roteslin thea Signatur Department, the Borough has NO interest, which can be Vication r transfer. r Date: /z L/ "J7 With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer. The interest(s) to be protected are slated below: Signature: Date: State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 111 of 424 AGENDA ITEM #9. C. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 MEMO TO: Michael Powers, Manager Dora Cross, Finance Department Bill Roberts, Assessing Department Building Official Sara Mason, Community Development Department Fire Marshall Bob Tucker, Engineering/Facilities Department i FROM: Laurie Pardoe, Deputy Clerk for Nava M. Javier, MMC, Borough Clerk DATE: February 17,2017 SUBJECT: Liquor License Transfer of Controlling Interest to Safeway Inc. The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for a regular transfer of controlling interest for. From: License #: 2509 License Type: Package Store D.B.A.: Safeway Liquor Store #1090 Licensee/Applicant: Safeway Inc. Location: 2685 Mill Bay Road To: License #: 2509 License Type: Package Store D.B.A.: Safeway Liquor Store #1090 Licensee/Applicant: Safeway Inc. Location: 2685 MITI Bay Road Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (Al), please indicate, with regard to your department, If the Borough has an interest which can be protected by protesting the approval of the transfer. Please return the form below to the clerk's office by Friday. December 1. 2017. LIQUOR LICENSE TRANSFER OF CONTROLLING INTEREST ➢ With regard to the kfea dh S/lall protected by protesting he application for 1 Signature: Deparimenl, the Borough has NO Interest, which can be nsfer. Date: IL 10.20/51' With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer. The interest(s) to be protected are stated below: Signature: Dale: State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... 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Page 119 of 424 a e ry N m N N N N N N N N N N N N N N N N N N N m n m N N N N e N N N N N m m a ry N �c �n is iu �a ie �e is a iu iu is �n �c e e tin n m m m m m m mem m m m m ry m m m m m m m m m m m rn m m m m m n �o n m m rn m m m m m m m m rn m m m m m m m m m m m of m of m m m m m m m N m m m m m m m m m m Y Q Y J Y Y Y Y Y Y Y Y Y Y Y Y Y Y YY Y p Y Y Y Y Y Y Y J Y Y Q 3 Q LL 0 0 0 Q Q Q Q Q Q Q Q Q Q Q Q Q Q O S N Q Q Q Q Q Q Q LL Q Q 0 Z W Z W0 Y 3 0 a 5 Q � Y Y 0 (j Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y a W= Y Y Y Y m Y Y Y Y C C C V 0 0 0 0 0 ❑ O O O O Oa 3O O 0 0 G 0 60 Y YYYYYYY YYYY N YYQ Y Y m N N H a Q a z S O N W � D w 0 m OJ m J G J m m N K t; t; 3Wg > Sxz� 3 > 3U S N m > tmp Om1 O1 C w O O tO b 0 0 m 0 H Q H p LL m 00 iq Q O LL N K go m Zry m m emN o0XNOXMO V> > S QiXM�m��p omo000�oo3m�mmo3o�$o0aN a 0 Ne� .e rvm m.� em mm rym m0 0 0mO Om O 0 0 0 0 e mO $ 0m .r N 6 6 6 6 m M N a 6 a a N N a N a m 01 lD m e a m a N a m e n of Alaska Alcohol and Marijuana Control Office Liquor License Tran... 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Page 121 of 424 N N m m m m m in m m m m m m m vi in �n m m m ui vi m m in e m �n o in m m m m m m io io io �o �o �n �o io o �o �n a �c �n �c is �o �o a �c �o is is m ie in m is is ie io io a ie m m m m m m m m N m m m rn m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m rn m m m m m m m m m m m m m m m m m m m m m Y Y Y Y Y Y Y Y Q Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Q Y Y Y Y Y Y Y a a a Q a a Q a U¢ a a a Q Q Q a Q a a a a a a a a 3< a a a a Q Q W o a Y Y Y Y Y Y Y Y m Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y m Y Y Y Y Y Y Y a a a a a a a a a Q a a a a a a a a a a a a 0 = a a D a a a Q a a Q O D O D D D D OQD D D D D D D D D D D D D D u 0 0 p 0 0 0 0 0 0 0 Y Y Y Y Y Y Y Y V Y Y Y Y Y Y Y Y Y Y Y Y Y Y a Y Y d Y Y Y Y Y Y Y fL iC W W Z Q O 6 d Z p W L H Q Q N 0 J J 1!1 V J u��rxC x0 3 Yu'Qa m W 5Q 3 3 tzW em m LL�^ mv p< v v¢w m N S 00mum4mQGpO u j m X X x o 0 xWx p x x x x x=x x Qx x x x m O QO mw mmdmamp p=xm3m O ry n o m n O O O umi O O O O O u00i roi m m 0 0 ti m 0 0 O O Q Q a u ry m ry m a a u a e a a a a a ry m m m a a .� m a a ry a a ci Ci e a m of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 122 of 424 N N N N N N N N N N N M N N N N N N N N N N N N N N O N N N N N w t0 w " H l0 W lO �O tp l0 lD tD W W 1p M �G tp lO tp tp l0 l0 l� ID t0 tp N l0 w m W w lG lG l0 n n m m m m m m m m m m m m m m m m m m m m m m m w m m ry m m m QI 01 N ry m m m m m m m m m m m N m m m m m m m m m m m N m m o m m m m m n n < < < < < < < < < < < > < < < < < < < < < < < z < < i < < < < < < < W W W Y Y Y Y Y Y Y Y Y Y Y Y 6 Y Y Y Y Y Y Y Y Y Y Y O Y Y Y Y Y Y Y Z Z < < < ¢ ¢ < < < « < < < ¢ < < < < < < < < < < < p < < < < < 0 0 0 0 5 0 E E E O w 0 0 a 0 3 E O p p —0 > E 0 2 0 E D O z~ O O O O O O O O O O O x 0 0 0 0 0 0 0 0 0 0 0< O O� O O O O O w w ] Y Y Y Y X Y Y]] Y U Y Y Y Y Y Y Y Y Y Y Y x Y Y d Y Y Y Y Y m m < > O d 6 K d O O O O z o O = O N u z< U < << << < << ❑ W J G o Q z G w Q 0 0❑ H❑❑ O N m N N❑ Q N U w N m❑ OQ1 > b Q m 0 7 0 0 0 O ry O W O O N J Q Q O N Q N m 3 F n J O N rl d' N O Z N W n 0 0 0 O O > 0 0 •' -, ro oo p X .y ca N W Z X -' O m N m Z m m 1- p m m 3 m N m p b y3j m m m m m m m m n '<^ m l30 m m W m m❑ m lND m r l3O m m O N Om ry ry 0 0 0 0 N 0 0 0 .-� n . m N O 0 o p O 5 O rQv O N N 0 0 m d m 6 N M m d m d d N 6 d 6 d M m d N m d 6 N d 2 U d N d M m d d of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 123 of 424 AGENDA ITEM #9. C. Kodiak Island Borough k Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 s Phone (907) 486-9310 Fax (907) 486-9391 clerks cDkodiakak.us / www.kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, December 21. 2017, and the meeting will begin at 6:30 p.m. in the Borough Conference Room, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on State of Alaska Alcohol and Marijuana Control Office liquor license application or intent to approve the transfer of controlling interest for Safewav Liouor Store #1090 FROM Alhertsnns Cmmnnniec_ I I C TO AlhoAenne FROM: License #: 2509 License Type: Package Store D.B.A.: Safeway Liquor Store #1090 Licensee/Applicant: Safeway Inc. Location: 2685 Mill Bay Road TO: License #: 2509 License Type: Package Store D.B.A.: Safeway Liquor Store #1090 Licensee/Applicant: Safeway Inc. Location: 2685 Mill Bay Road Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. ......the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to clerks@kodiakak.us, fax to (907) 486-9391, mail or hand deliver to the Office of the Borough Clerk at 710 Mill Bay Rd., Kodiak, AK 99615 by 12 noon on Thursday, December 21, 2017. If you have any questions, please call us at (907) 486-9310. Name: Mailing Address: Comments: State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 125 of 424 0 THE STATE 01ALASKA GOVERNOR BILL WALKER November 14, 2017 City of Kodiak Attn: Debra Marlar Via Email: clerk(acitv.kodiak.ak.us Cc: clerks@kodiakak.us Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West T' Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 License Type: Package Store License Number: 1 2509 Licensee: Safeway Inc. Doing Business As: Safeway Liquor Store #1090 ❑ New Application ❑ Transfer of Ownership Application ❑ Transfer of Location Application ® Transfer of Controlling Interest Application We have received a completed application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your protest within 60 days and show proof of service upon the applicant. AS 04.11.491— AS 04.11.509 provide that the board will deny a license application if the board finds that the license is prohibited under as a result of an election conducted under AS 04.11.507. AS 04.11.420 provides that the board will not issue a license when a local governing body protests an application on the grounds that the applicant's proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the alcohol establishment, unless the local government has approved a variance from the local ordinance. Sincerely, " 061t4tO Erika McConnell, Director amco.localgovernmentonly(dalaska.¢ov State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 127 of 424 What Is this form? AGENDA ITEM O.C. Alcohol and Marijuana Control Office 550 W 7' Avenue, Suite 1600 Anchorage, AK 99501 alcohol.11censina0alaska.aov, bttos://www.commerce.olaske,goy/web/am Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB -01: Transfer License Application This transfer license application form Is required for all Individuals or entitles seeking to apply forthe transfer of ownership and/or location of an existing liquor license. Applicants should review Title 04 of Alaska Statutes and Chapter 304 of the Alaska Administrative Code, All fields of this form must be completed, per AS 04.11.260, AS 04.11.280, AS 04.11.290, and 3 AAC 304.105. This form must be completed and submitted to AMCO's main office, along with all other required forms and documents, before any license application will be considered complete. ? ;. Sel tipn`�rw to 1'gg��p15 A Vin ":c: �iSalyaglt l,yp" _....:Y.-0 Enter Information for the current licensee and licensed establishment. Licensee: Safeway Inc. License #: 2509 License Type: Package Store Statutory Reference: Sec. 04.11.150 Doing Business As: Safeway Liquor Store #1090 Premises Address: 2685 MITI Bay Road City: Kodiak I state: JAIaska I ZIP: 99615 Local Governing Body: City of Kodiak Transfer Type: INttegulartransfer 0. Transfer with security Interest RInvoluntary retransfer OFFICE USEONLY Complete Date: Transaction p: Board Meeting Date: License Years: Issue Date: BBE: [Form Ali -Oil (rev 06/30/2016) Pagelof7 i I NOV 10 State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 128 of 424 Alaska Alcoholic Beverage Control Board AGENDA ITEM #9. C. Alcohol and Marijuana Control Office 550 W 7'" Avenue, Suite 1600 Anchorage, AK 99501 alcoh o (.lice nsi n gR a I aska. gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Form AB -01: Transfer License Application Section 2 - Transferee Information Enter information fnrthe new nnniirant and/or Lvatinn mc4i"" n. I.o 11--d Licensee: Safeway Inc. Doing Business As: Safeway Liquor Store #1090 Premises Address: 2685 Mill Bay Road City: Kodiak I State: JAlaska nP: 99615 Community Council: None Mailing Address: P.O. Box 29096 MS 6531 City: IPhoenix I state: (623) 869-3573 IZIP: 85038-9096 Designated Licensee: Safeway Inc. Contact Phone: (623) 869-3573 Business Phone: (623) 869-3573 Co ntact email: Nasc.tax@safeway.com Yes No Seasonal License? ❑ a Premises to be licensed Is: If "Yes", write your six-month operating period: Section 3 - Premises Information Fan existing facility 1:1 anew building Fla proposed building The next two questions must be completed by beverage disoensary (including tourism) and package store applicants only: What Is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the outer boundaries of the nearest school grounds? Include the unit of measurement In vaur answer. 1 Miles What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the public entrance of the nearest church building? Include the unit of measurement in vour answer. 1.2 Miles [Form AB -011 AB-011(rev06/30/20161 OCT 2 71PIT State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 129 of 424 AGENDA ITEM O.C. Alcohol and Marijuana Control Office 550 W 7'h Avenue, Suite 1600 Anchorage, AK 99501 a Icohol.lice n sing@ala ska. gov httys:/,Iwww,commerm.alaska.gov/`web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB -01: Transfer License Application Section 4 - Sole Proprietor Ownership Information This section must be completed by any sole proprietor who is applying for a license. Entities should skip to Section S. If more space is needed, please attach a separate sheet with the required information. The following information must be completed for each licensee and each affiliate (spouse). This individual is an: applicant affiliate Name: Address: City: State: ZIP: This individual is an: D applicant n affiliate Name: Address: City: State: ZIP: Section 5 - Entity Ownership Information This section must be completed by any entity Including a corporation, limited liability company (LLC), partnership, or limited partnership, that is applying for a license. Sole proprietors should skip to Section 6. If more space is needed, please attach a separate sheet with the required Information. • If the applicant is a corporationthe following information must be completed for each stockholder who owns 10% or more of the stock in the corporation, and for each president, vice-president secretary, and managing officer. • If the applicant is a limited liability organization the following information must be completed for each member with an ownership Interest of 10% or more, and for each manager. • If the applicant is a partnershipincluding a limited partnership the following information must be completed for each partner with an Interest of 10% or more, and for each general partner. Entity official: Wayne Denningham Title(s): President I Phone: (208) 395-5248 %owned: 10 Address: 7893 North Vue Estates City: Meridian state: Idaho ZIP: 83646 [Form AB -011 (rev 06/30/2016) State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... f Page3af7 -`� OCT 2 12011 Page ikbf 424 _l AGENDA ITEM #9. C. Alcohol and Marijuana control Office 550 W 7's Avenue, Suite 1600 Anchorage, AK 99501 n Icohol.11censin gPalas ka.gov https://www.commer e.?Iaska.gQvAveb/arncQ Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB -01: Transfer License Application Entity Official: Robert A. Gordon Title(s): SecretaryNP/General Counsel Phone: 1(925)226-5510 1 %owned: 0 Address: 24 Robert Road City: Orinda I state: ICalifornia I ZIP: 194563 Entity Official: Gary Morton Title(s): TreasurerNP/Assistant secretary Phone: (208)395-5394 1 %owned: 0 Address: 2000 Canal Street City: Boise I state: Idaho ZIP: 183705 Entity Official: Robert Dimond Tltle(s): Executive VP/ChlefFinancial Officer Phone: (208)395-4305 1 %owned: 0 Address: 1740 S Lake Crest Way City: Eagle I state: Idaho ZIP: 83616 This subsection must be completed by any applicant that is a corporation or I.I.C. Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations (DOC) and have a registered agent who is an Individual resident of the state of Alaska. DDC Entity q: 39147E I AK Formed Date:11 /7/1986 Dome state: I Delaware Registered Agent: Robert Blasco I Agent's Phone: (800) 927-9800 Agent's MallingAddress: c/o CT Corporation System, 9360 Glacier Hwy., Ste. 202 City: Juneau I state: JAlaska I ZIP: 199801 Residency of Agent: Yes No Is your corporation or LLCs registered agent an Individual resident of the state of Alaska? x El [Form A91-01) (rev 06/30/2016) i I NOV 10 2011 Page of 7 State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 131 of 424 AGENDA ITEM #9. C. Alcohol and Marijuana Control Office 550 W 7'h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.lice.ising@alaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB -01: Transfer License Application Section 6 — Other Licenses Ownership and financial interest in other alcoholic beverage businesses: Yes No Does any representative or owner named as a transferee in this application have any direct or indirect O El interest in any other alcoholic beverage business that does business in or is licensed in Alaska? If "Yes", disclose which individuals) has the financial Interest, what the type of business is, and if licensed in Alaska, which uK�rFu See attached Section 7 — Authorization Communication with AMCO staff: Yes No Does any person other than a licensee named in this application have authority to discuss this license with O ❑ AMCO staff? If "Yes", disclose the name of the Individual and the reason for this authorization: Michele Droege, Dorsey & Whitney LLP and Jill McLeod, Esq., Dorsey & Whitney LLP, Liquor License Counsel. [Form AM11(rev 06/30/2016) State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 5 of 7 OCT 2 7 2011 424 ..';A aYM WN ora raorasa3� AGENDA ITEM #9. C. Alcohol and Marijuana Control Office 550 W 7'h Avenue, Suite 1600 Anchorage, AK 99501 dlgcl_.ol, licEn si;; e[da la 54a. aov NIPS liwww.canmerce. a'asMa.eov/v+eh:arico Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB -01: Transfer License Application Section 8 - Transferor Certifications Additional copies of this page maybe attached, as needed, for the controlling Interest of the current licensee to be represented. I declare under penalty of perjury that the undersigned represents a controlling Interest of the current licensee. I additionally certify that I, as the current licensee (either the sole proprietor or the controlling interest of the currently licensed entity) have examined this application, approve of the transfer of this license, and find the information on this application to be true, correct, and complete. Signature of transferor Robert A. Gordon Printed name of transferor Subscribed and sworn to before me this VVµ day of October 20 17 J.McKENNEY Signatur of Notary 91U13C NOTARY PUBLIC STATE OF IDAHO Notary Public in and for the State of IDAHO C- 4f"� ., Signature of transferor Robert A. Gordon Printed name of transferor My commission expires: —11– 1 15 I'ZZ Subscribed and sworn to before me this 04µt day of October (r� 20 17 J. MCKENNF.Y "�– NOTARYPUBLIC SI ature of Nota blit STATE OF IDAHO Notary Public in and for the State of IDAHO My commission expires: [Form AB•011(rev 10/10/2016) Parte 6 of 7 OCT t 7 2017 State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 133 of 424 AGENDA ITEM #9. C. Alcohol and Marijuana Control Office Read each line below, and then sign your Initials In the box to the right of each statement: Initials I certify that all proposed licensees las defined in AS 04.11.260) and affiliates have been listed on this application. I/ I I certify that all proposed licensees have been listed with the Division of Corporations. I certify that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license Issued. I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check the identification of a patron will complete an approved alcohol server education course, if required by AS 04.21.025, and, while selling or serving alcoholic beverages, will carry or have available to show a current course card or a photocopy of the card certifying completion of approved alcohol server education course, if required by 3 AAC 304.465. 1 agree to provide all Information required by the Alcoholic Beverage Control Board in support of this application. As an applicant for a liquor license, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, Including all accompanying schedules and statements, Is true, correct, and complete. Signature of transferee Robert A. Gordon Printed name Subscribed and sworn to before me thisl�'�I day of October 20 17 .c' S.J. Mcl<ENNEY Yn 4 OL t—lJ-�1 �'" NOTARY PUBLIC Signa re of Notary u tic STATE C1n InAltr> Notary Public in and for the State of IDAHO My commission expires: 12/15/22 [Form AB -011 (rev 10/10/2016) OCT 2 7 2017 State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 134 of 424 - A' 550 w 7'" Avenue, Suite 1600 v�u.M-1 _ Anchorage, AK 99501 rJ _I._ '. •_l IS 1 Iu iCi __ Phone: 907269.0350 '+ Alaska Alcoholic Beverage Control Board �r,R a;� Form AB -01: Transfer License Application Section 9 —Transferee Certifications Read each line below, and then sign your Initials In the box to the right of each statement: Initials I certify that all proposed licensees las defined in AS 04.11.260) and affiliates have been listed on this application. I/ I I certify that all proposed licensees have been listed with the Division of Corporations. I certify that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license Issued. I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check the identification of a patron will complete an approved alcohol server education course, if required by AS 04.21.025, and, while selling or serving alcoholic beverages, will carry or have available to show a current course card or a photocopy of the card certifying completion of approved alcohol server education course, if required by 3 AAC 304.465. 1 agree to provide all Information required by the Alcoholic Beverage Control Board in support of this application. As an applicant for a liquor license, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, Including all accompanying schedules and statements, Is true, correct, and complete. Signature of transferee Robert A. Gordon Printed name Subscribed and sworn to before me thisl�'�I day of October 20 17 .c' S.J. Mcl<ENNEY Yn 4 OL t—lJ-�1 �'" NOTARY PUBLIC Signa re of Notary u tic STATE C1n InAltr> Notary Public in and for the State of IDAHO My commission expires: 12/15/22 [Form AB -011 (rev 10/10/2016) OCT 2 7 2017 State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 134 of 424 - A' AGENDA ITEM #9. C. Entity Members (cont d): Entity Official: Albertson Com antes, Inc. 11tie(s): Shareholder Phone: N/A %Owned: I 100 Address: 250 Parkcenter Blvd., West Plaza City: Boise State: Idaho Zip: 83706 State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... OCT 2 7 2017 ALCOHUL KA::- '6' NA Cc 47ROL OFFICE STA[F Cr A'_ASEA Page 135 of 424 Curtent DBA Sale., Craw Creekwa,amae Oita n Keg Spim Shop • oaken Keg SKI Shop 00. Keg SPf 1 Slap ATTACHMENT A ALASKA LIQUOR LICENSES Llq Uc LIq Lie 2522 111 _]014 2754 SU 1839 : 257 3949 HIG 510 00. Keg Spa Strop 1812 M 1821 718 2018 391 us OakW Keg Sprn Shop 1817 Cu 1803 782 MIS 1]4 Sar., me 939 — ISri 1885 703 20/4 1185 Oaken Hep SpNi S1v0 1803 Oaken An SP"Shce 1609 Saleway Sim 2754 _ Oakpn_AN N10 Oaken Keg Spa Snap 1843 W1W Keg Spin1 SwP 510 00. Keg Spa Strop 1812 Oemn Keg SPnt Shop 1037 Oaken Kip - IB13 Oaken log us OakW Keg Sprn Shop 1817 oaken Keg Ing Oaken Keg Spa Shop 1941 6iawaV 6lpra_. GIROIADOD o.ken K.y u3]" Oaken Keg Spat SWp 1809 Caken Keg Spiro Shop 1520 Oaaen Keg 102 OMan Keo oaken Keg Oaken Keg Spell Shop 3638 AGENDA ITEM #9. C. ZIP Code Comorate Owner WAY --1qpt& 88815 S kreay Inc. i GIROIADOD 83567 Cart -Goshen Foxes Co SANTA NORTH POLE 88705 CemGotNMin Feeds Co LL ANCHORAGE Ii9541 CnrGonelen Fcoes Co ITHERN ANCHORAGE 99503 Cart•G"..Fooaa Ce 2728 4]]4 1014 1W76E6VAR0 HNA' SEYWO 85661 CarnGalslen Fmds Ca 1818 4381 201412417 TONGASS AVE KETCHIKAN 99801 hr rt�Gollslln' Ca OUTSIDE OF ALASKA SAFEWAY INC. HAS INTERESTS IN ALCOHOLIC BEVERAGE LICENSES AS SHOWN BELOW ky INC, - I- - CNdemor, Colorado. Delaware, DISUC1 W Cclumda HewaA Wee. Mary". Mena. a, Nmada, NeeM =, Dragon. Such Oakola. VLmIKNJMh-ver'Ywam^g State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... r COCT 1 7 2011 uFFiCE l A Page 136 of 424 796 W14 600E NORTHERN PNCHORAGEI 89503 GrtGdlpen Fwds Ca LIGHT¢ BLVD. 199 3011 ISSGIDESARR ROAD ANCMOBAGE BB504 CamGMNlain Foods Co 995, 301E WAY Ilj—eway FAIRSAIJ- 99701 Sar., me 939 MCAIRPORT 3016 3000LLEGERO FAIRBANIISS. Y9T01 _ Saleysy Me 13]6 2014 ,3978 COLLEGE FAIRBANKS. 93709 Cart Gpn]Mn FaWS Co 1358 3016 5101 PENLANO ANCHORAGE B9A8 Sa!eway We _ VY . 1387 MODE 3014 4000 VEST DIMOND ANCHORAGE 99515 CmGonnan Foxes Co 8140 14N _. 2014 PARK BUSINESS EAGLE RIVER fi957, CartGdlRan FWds Ca FBLVD. 1199 2014 150150t HUFFMAN ANCHORAGE 99515 CaniMnMkl Foxes C. ROAD _ 19/b 2015 M42651ERLING SOLCOTM 99665 6Mawayw IVN S 3094 2014 7731 EAST ANCHORAGE 99501 Can GnN16n F.0 Ce NORTNERN LIGHTS BLVD ID99 2014 WREST PALAIER 89845 Cane Mt mFWde Ca. __ IE-E9riREEH �.. _.. ._ 3388 20A 595 EAST PARRS WMILLA 99654 GmGdaten FWda Co H 3809 2019 _Y _ 7fiB5MILL BAY RD KODIAK 9MIS _ __ Smaw ke, 3913 2014 1313 MEALS VALDEL 29688 Sabway 1. STREET 3219 3014 IM76 KENAI SPUR KENAI MIM CarnG9lNNh Faces Cci HIGNwAY.._ _I 3901 2015 3033 VINTAGE JUNEAU 99801 Curh0a1i~ Feoeas favi BLVD. ..._ 4162 MIS WSTEMING HOMER MM Salewn the MOHYVAY __ 4181 ._ 2014 1725A980TTROAD ANCHORAGE 93507 9e!ewaylna 2728 4]]4 1014 1W76E6VAR0 HNA' SEYWO 85661 CarnGalslen Fmds Ca 1818 4381 201412417 TONGASS AVE KETCHIKAN 99801 hr rt�Gollslln' Ca OUTSIDE OF ALASKA SAFEWAY INC. HAS INTERESTS IN ALCOHOLIC BEVERAGE LICENSES AS SHOWN BELOW ky INC, - I- - CNdemor, Colorado. Delaware, DISUC1 W Cclumda HewaA Wee. Mary". Mena. a, Nmada, NeeM =, Dragon. Such Oakola. VLmIKNJMh-ver'Ywam^g State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... r COCT 1 7 2011 uFFiCE l A Page 136 of 424 yMMIJJq,�rO r � What is this form? Alaska Alcoholic Beverage Control Board Form AB -02: Premises Diagram AGENDA ITEM #9. C. Alcohol and Marijuana Control Office 550 W 7°i Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensineiea laska.eov https:llwww.commerce.alaska.gov/webtamco Phone: 907.269.0350 A detailed diagram of the proposed licensed premises is required for all liquor license applications, per AS 04.11.260 and 3 AAC 304.185. Your diagram must include dimensions and must show all entrances and boundaries of the premises, walls, bars, fixtures, and areas of storage, service, consumption, and manufacturing. If your proposed premises is located within a building or building complex that contains multiple businesses and/or tenants, please provide an additional page that clearly shows the location of your proposed premises within the building or building complex, along with the addresses and/or suite numbers of the other businesses and/or tenants within the building or building complex. The second pace of this form is not required. Blueprints, CAD drawings, or other clearly drawn and marked diagrams may be submitted in lieu of the second page of this form. The first page must still be completed, attached to, and submitted with any supplemental diagrams. An AMCO employee may require you to complete the second page of this form if additional documentation for your premises diagram is needed. This form must be completed and submitted to AMCO's main office before any license application will be considered complete. Yes No I have attached blueprints, CAD drawings, or other supporting documents in addition to, or In lieu of, the second El of this form. Section 1 — Establishment Information Enter information for the business seeking to be licensed, as identified on the license application. Licensee: Safeway Inc. License Number -T2509 LicenseType: Package Store Doing Business As: Safeway Liquor Store #1090 Premises Address: 2685 Mill Bay Road City: Kodiak I state: JAlaska I zIP: 199615 [Form AB -021 (rev 06124/2016) State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... l OCT 1 7'iilt/ -fJ aeY37 of 424 -- AGENDA ITEM O.C. L,1 ,6 uV 4UL " ALCOHOLIC BEVEEACE CONTML BOARD LICENSED PRRNISES DLACRA!! D/B/A: e�po..,.y cry -e 31090 PREXISES LOCAIION: SWC Mill '''-s :-1•?I Kodiak, Alaska INSTRUCTIONS: Draw a detailed floor plan of your curreut or proposed licensed pr�--jses an the graph below; show all entrances and exits, and all fixtures s>.cb &s counters, bars, coolers, stages, etc. Indicate scale used by I atter appropriate statement. SCALE A SCALH aX— I square . 1 aq. ft. 1 square - 4 sq. rt. Outline LLe &tea to L& :eaiy vl , for sale, sarvi•_e and consumpttca a. consumpti:a rt alcoholic beverages in M `{I rl H ; I-- j ��(—�cl L 7 2011 State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 138—of-424 — i AGENDA ITEM #9.C. _ OCT 1 7 29 � I State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... Page 139 of 424 __— I AGENDA ITEM O.C. Era entlatl P�9e g` - -- - - -- -- OCT 7-7011 }. ALW60! &. at JFFICE State of Alaska Alcohol and Marijuana Control Office Liquor License Tran... AGENDA ITEM #A. 1. KODIAK ISLAND BOROUGH STAFF REPORT ' DECEMBER 21, 2017 i ASSEMBLY REGULAR MEETING SUBJECT: Contract No. FY2018-16 Underground Storage Tank Replacement - 3 Schools (Main Elementary, Old Harbor School and Port Lions School). ORIGINATOR: Matt Gandel RECOMMENDATION: Move to authorize the Manager to execute Contract No. FY2018-16 with Golden Alaska Excavating LLC of Kodiak, AK for the UST Replacement - 3 Schools project in an Amount Not to Exceed $208,558. DISCUSSION: Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. This contract is for construction of the UST Replacement - 3 Schools project, one of the bond projects approved by voters in 2014. The scope of work is removal of underground fuel tanks at Main Elementary, Old Harbor School and Port Lions School, and installation of new fuel tanks at Main and Port Lions. The proposed contract total also includes removal and stockpiling of 100 cubic yards of contaminated soil at each site. If less than 100 cubic yards is found there will be a deductive change order for the difference. This work is scheduled to be completed during summer 2018. Design was completed by Jensen Yorba Lott, and approved by the Architectural/Engineering Review Board. An invitation to bid was issued on October 17, 2017, and bids were due and opened on November 16, 2017. Five bids were received. After reviewing bids, Staff has determined that Golden Alaska Excavating, LLC is the lowest responsive bidder. A copy of the bid tabulation is attached. ALTERNATIVES: Take no action or reject all bids. Neither of these are recommended as the proposed contract amount is within the budgeted amount and to complete the work during summer 2018 requires awarding a contract in a timely fashion. FISCAL IMPACT: Funding for this project comes from general obligation bonds. The Alaska Department of Education and Eady Development reviewed and approved the bid documents and this project is eligible for reimbursement by the State. The budget is $462,952 and the contract is for $208,558. A copy of the current budget is attached. OTHER INFORMATION: Kodiak Island Borough Contract No. FY2018-16 Underground Storage Tank Replacement - 3 Schools ... Page 141 of 424 FY2018-I6 KODIAK ISLAND BOROUGH, ALASKA CONSTRUCTION CONTRACT 3 SCHOOLS UST REPLACEMENT 91 SOI I PROJECT NAME AND NUMBER AGENDA ITEM #A. 1. This CONTRACT ("Contract"), between die Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager, and Golden Alaska Excavating. LLC. Company Name PO Box 8908, Kodiak, Alaska 99615 Company Address (Street or PO Dox, City, State, Zip) atan ❑ Individual ❑Partnership ®Limited Liability Company []Sale Proprietorship ❑ Corporation incorporated under die laws of the State of Alaska, its successors and assigns, herein called the Contractor, is effective the date of the signature of the Borough Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the Borough, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the nbave-referenced project as bid by the Contractor, which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a pan of this Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the Borough, nor shall die Contractor do any work or furnish any mnlerial not covered by [Itis Contract, unless such work or materials is ordered in writing by the Borough. In no event shall the Borough be liable for any materials famished or used, or far any work or Inbor done, unless the materials, work, or labor are required by the Contract or on written order furnished by die Borough. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or fumished without such written order. Payment under this Contract shall not exceed Two Hundred Eight Thousand Five Hundred Fifty- Eiig1 dollars (5208.558.00). The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to die satisfaction of (be Borough, on or before: August 15, 2018. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of die Borough, to complete the furnishing and delivery of materials and the doing and performance of Contract No. FY2018-16 Underground Storage Tank Replacement - 3 Schools ... Page 142 of 424 AGENDA ITEM #A. 1. lite work before the afaresaid date, Ute Borough shall have die right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the Bomugh shall have the right to recover Liquidated Damages as described in the Special Conditions for each calendar day elapsing between the time stipulated for achieving substantial completion of an individual phase and the actual date of completion of that phase in accordance with the terns hereof; such deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which die Contractor has no control and which must delay furnishing of materials or the completion of ilia work, the Contracting Officer may, at his or her discretion, extend die period specified for the furnishing of materials or the completion of the work, and in such use die Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by Ilia Contractor in Elie sum of $108,558.00 Payment Bond, and $208,5511.00 Performance Bond, to secure ilia proper compliance with the Icmis and provisions or this Contract, are submitted herewith end made a part hereof. The Contractor further covenants and agrees diet the entire construction will be done under die administration of and to the complete satisfaction of the Borough subject to the inspection at all limes and appmvel by any regulatory agency, and in accordance with die latus or the State of Alaska and the Borough. For purposes of this Contract, Contracting Officer means Michael Powers or any other person designated by the Borough Manager. The Contractor is an independent contractor and not an employee or agent of the Borough. Contract Documents shall have the meaning ascribed by the General Conditions of the Construclion Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, die Supplementary Conditions, and the following listed documents: (i) Drawings dated October 19, 2017 (2) Project Manual dated October 19, 2017 (3) Addendum I dated October 19, 2017 (4) Addendum 2 dated October 27, 1017 (5) Addendum 3 dated October 30, 2017 (6) Addendum 4 dated November 9, 2017 3 SCHOOLS UST REPLACEMENT CONSTRUCTION CONTRACT Page 2 of 3 Contract No. FY2018-16 Underground Storage Tank Replacement - 3 Schools ... Page 143 of 424 AGENDA ITEM #A. 1. IN WITNESS WHEREOF the patties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Typed Name and KODIAK ISLAND BOROUGH of Borough Manager Name Date Borough Clerk (ATTEST) 3 SCHOOLS UST REPLACEMENT CONSTRUCTION CONTRACT Page 3 or3 Contract No. FY2018-16 Underground Storage Tank Replacement - 3 Schools ... Page 144 of 424 AGENDA ITEM #A. 1. Kodiak Island Borough Bid Tabulation UST Replacement - 3 Schools Bid Opening: 11/16/17 2:00 PM BASE BID UNIT PRICE 1 (ADD) UNIT PRICE 2 (ADD) UNIT PRICE 3 (ADD) TOTAL No. GENERAL CONTRACTOR (Base +Unit Prices) 1 Golden Alaska Excavating, LLC $ 201,058 $ 2,500 $ 2,500 $ 2,500 $ 208,558 2 BC Excavating, LLC $ 336,000 $ 14,500 $ 16,500 $ 15,000 $ 382,000 3 Wolverine supply, Inc. $ 347,000 $ 10,000 $ 12,500 1 $ 12,500 1 $ 382,000 4 Hering Industrial Contractors, Inc. $ 360,600 $ 8,000 $ 10,000 1 $ 10,000 $ 388,600 5 Kodiak Lawn Care/S&5 Enterprise $ 453,000 $ 8,500 5 10,000 I $ 10,000 $ 481,500 Contract No. FY2018-16 Underground Storage Tank Replacement - 3 Schools ... Page 145 of 424 AGENDA ITEM #A. 1. 1-1 Contract No. FY2018-16 Underground Storage Tank Replacement - 3 Schools ... Page 146 of 424 cN-1 ll1 Lin Q�1 N H Ql ll1 M O � L �C i-1 N lD lO N N N M ei V L!1 N C tn � N Q l�0 Q C 0 J 0 M a a O 0 M x v m m � Ln x o m O u1 ' n � N 0 m � o N c 00 N a � � c a m m m W N K1 N CL Y � m N d � � 00 Y C N fL G N v C T O u 'yJ C c v V N 7 C 00 C y C C F Ln tl0 10 Q N 0 O Ln c -I n 0 ry N r a r C 6 Contract No. FY2018-16 Underground Storage Tank Replacement - 3 Schools ... Page 146 of 424 x W 01 N l0 00 ll1 � rn m m m W N K1 N P Y � m N d � � 00 3 fL C T O u 'yJ C V N 7 00 C y C C tl0 Q Contract No. FY2018-16 Underground Storage Tank Replacement - 3 Schools ... Page 146 of 424 AGENDA ITEM #A. 2. KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 21, 2017 ASSEMBLY REGULAR MEETING SUBJECT: Contract No. FY2018-19 Paving and Underground Storage Tanks - 2 Schools (Kodiak Middle School and Peterson Elementary). ORIGINATOR: Matt Gandel RECOMMENDATION: Move to authorize the Manager to execute Contract No. FY2018-19 with Brechan Construction LLC of Kodiak, AK for the Paving and UST - 2 Schools project in an Amount Not to Exceed $1,450,274.46. DISCUSSION: Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. This contract is for construction of the Paving and UST - 2 Schools project, one of the bond projects approved by voters In 2014. The scope of work Is removal of the underground fuel tank and Installation of a new aboveground tank at Kodiak Middle School, and new asphalt paving at Kodiak Middle School and Peterson Elementary. The proposed contract total also Includes removal and replacement of 100 cubic yards of contaminated soil at Kodiak Middle School and 100 cubic yards of unsuitable soil at either school. If less than 100 cubic yards is found there will be a deductive change order for the difference. Design was completed by Jensen Yorba Lott, and approved by the Architectural/Engineering Review Board (ARB). This work is scheduled to be completed during summer 2018. An Invitation to bid was issued on October 25, 2017, and bids were due and opened on November 30, 2017. One bid was received from Brechan Construction LLC. Staff reviewed their bid, and has determined that it is a responsive bid. Staff is recommending award of the Base Bid and Alternate #1. The Base Bid Includes two inches of asphalt at the areas receiving new paving, and Alternate #1 will add one inch for a total of three inches all areas. This additional paving was requested by the ARB, and will provide a more durable and long lasting final product. ALTERNATIVES: Take no action or reject all bids. Neither of these are recommended as the proposed contract amount is within the budgeted amount and to complete the work during summer 2018 requires awarding a contract in a timely fashion. FISCAL IMPACT: Funding for this project comes from general obligation bonds. The Alaska Department of Education and Early Development reviewed and approved the bid documents and this project is eligible for reimbursement by the State. The budget for construction is $1,473,630 and the contract is for $1,450,274.46. A copy of the current budget is attached. OTHER INFORMATION: Kodiak Island Borough Contract No. FY2018-19 Paving and Underground Storage Tanks - 2 Schools ... Page 147 of 424 AGENDA ITEM #A.2. FY2018-19 KODIAK ISLAND BOROUGH, ALASKA CONSTRUCTION CONTRACT SITE PAVING AND UST REPLACEMENT -2 SCHOOLS #15009 PROJECT NAME AND NUMBER This CONTRACT ("Contract"), between the Kodiak Island Borough. Alaska, herein called the Borough. acting by and through its Borough Manager, and Brechan Construction, LLC Company Name 2705 Mill Bov Road. Kodiak Alaska 99615 Company Address (Street or PO Box, City, State, Zip) alon ❑ Individual ❑Partnership ®Limited Liability Company ❑Solt Proprietorship ❑Corporation incorporated under the laws of the Slate of Alaska, its successors and assigns. herein called the Contractor. is effective the dale of the signature of the Borough Manager on this document. The Contractor. for and in consideration of the payment or payments herein specified and agreed to by the Borough. hereby covenants and agrees to fumish and deliver all the materials and to do and perfann all the work and labor required in the construction of the above -referenced project as bid by the Contractor, which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for. will be allowed by the Borough, nor shall the Contractor do any work or famish any material not covered by this Contract. unless such work or materials is ordered in writing by the Borough. In no event shall the Borough be liable for any materials furnished or used, or for any work or labor done, unless the materials. work, or labor are required by the Contract or on written order furnished by the Borough. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. Payment under this Contract shall not exceed One Million Four Hundred Fiftv Thousand Two Hundred Seventy -Four & 461100 dollars (SI 450 274.46) for all Base Bid Items and Alternate Bid I. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction or the Borough, on or before: Aueust 1.2018. It is expressly understood and agreed that in case of the failure on the part orthe Contractor. for any reason, except with the written consent of the Borough, to complete the furnishing and delivery of materials and the doing and performance or the work before the aforesaid date. the Borough shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due. the Borough shall have the right to recover Liquidated Damages as described in the Special Conditions for each calendar day elapsing between the time stipulated for achieving substantial completion or on individual phase and the actual date of completion of that phase in accordance with the terms hereof; such deduction to be made. or sum to be recovered, not as a penalty but as liquidated damages. Provided. however. that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no KODIAK ISLAND BOROUGH CONSTRUCTION CONTRACT SITE PAVING AND UST REPLACEMENT 2 SCHOOLS 00510-1 Contract No. FY2018-19 Paving and Underground Storage Tanks - 2 Schools ... Page 148 of 424 AGENDA ITEM #A.2. control and which must delay furnishing of materials or the completion of the work. the Contracting Officer may, at his or her discretion. extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of $1.450.274.46 Payment Bond. and $1.450.274.46 Performance Bond. to secure the proper compliance with the terns and provisions of this Contract. are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the Borough subject to the inspection at all times and approval by any regulatory agency, and in accordance with the Imus of the State of Alaska and the Borough. For purposes of this Contract. Contracting Officer means Michael Powers or any other person designated by the Borough Manager. The Contractor is an independent contractor and not an employee or agent of the Borough. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract. and include but are not limited to this Contract. the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: (1) Project Manual dated October 19, 2017 (2) Drawings dated October 19. 2017 (3) Addendum I dated November 7, 2017 (4) Addendum 2 dated November 9.2017 (5) Addendum 3 dated November 22, 2017 (6) Addendum 4 dated November 27. 2017 IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR on LLC S �Authorized/C�omrany Representative r� Barnes H. t arai�aKl ©W �eT/ 7 r�stclen� Typed Name and Title 1 `%-W-\ 1 Date KODIAK ISLAND BOROUGH CONSTRUCTION CONTRACT SITE PAVING AND UST REPLACEMENT 2 SCHOOLS 00510-2 Contract No. FY2018-19 Paving and Underground Storage Tanks - 2 Schools ... Page 149 of 424 AGENDA ITEM #A.2. KODIAK ISLAND BOROUGH Signature of Borough Manager Typed Name Date Borough Clerk (ATTEST) KODIAK ISLAND BOROUGH CONSTRUCTION CONTRACT SITE PAVING AND UST REPLACEMENT SCHOOLS 00510.3 Contract No. FY2018-19 Paving and Underground Storage Tanks - 2 Schools ... Page 150 of 424 AGENDA ITEM #A.2. Contract No. FY2018-19 Paving and Underground Storage Tanks - 2 Schools ... Page 151 of 424 d o s 0 a g 0 m N O O J9 6 N G 4 o n 0 n JH 6 O 4 tl O ° mJ 6 8 N 6 �N O Q Jtl N O O L p s g x N w u f` c v E i m n m � w o C Y 6 N 7 t � a J N c n N m c � d d O L U m = O O oe � 10 C a O m w e � A 9 a Y a � m Contract No. FY2018-19 Paving and Underground Storage Tanks - 2 Schools ... Page 151 of 424 AGENDA ITEM #A.2. Contract No. FY2018-19 Paving and Underground Storage Tanks - 2 Schools ... Page 152 of 424 mm N u^i v oNo � oo Qo -;r v Uo in m � m Lr m M m N N c -I rl � ci IV fa Y 0a c W E a O a V C. a) Ln K N W O f— O1 ' c -I ' N tA in N I� O N O 'i C c -I N C aJ C. Oa C W fa a ai 01 O of 0 00 m l0 N lD 00 lD N 00 01 O 0 Ln ti -o r` m c -i N M I� ri Cm O U n Y U C a/ 0 N to ��n o m VI C c � E Q OD Y C u Q F 0 v N r c 6 Contract No. FY2018-19 Paving and Underground Storage Tanks - 2 Schools ... Page 152 of 424 Contract No. FY2018-19 Paving and Underground Storage Tanks - 2 Schools ... Page 152 of 424 AGENDA ITEM #A.3. KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 21, 2017 � ASSEMBLY REGULAR MEETING SUBJECT: Contract No. FY2018-20 East Elementary Renovation Phase 11. ORIGINATOR: Matt Gandel RECOMMENDATION: Move to authorize the Manager to execute Contract No. FY2018-20 with Cornerstone General Contractors, Inc. of Anchorage, AK for the East Elementary Renovation Phase II project in an Amount Not to Exceed $859,400. DISCUSSION: Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. This contract is for construction of the East Elementary Renovation Phase II project, one of the bond projects approved by voters in 2014. Phase I was completed in the summer of 2017 and included renovation of several restrooms in the school. Phase II includes replacement of flooring, doors, cabinets, and countertops. Several bid alternates were included for additional hazardous material abatement and flooring areas. Design was completed by Jensen Yorba Lott, and approved by the Architectural/Engineering Review Board. This work is scheduled to be completed during summer 2018. An invitation to bid was issued on October 25, 2017, bids were due and opened on December 5, 2017, and five bids were received. After reviewing bids, Staff has determined that Cornerstone General Contractors, Inc. is the lowest responsive bidder. A copy of the bid tabulation is attached. After discussion with the School District and review of the bid amounts and project budget, staff is recommending award of the base bid and all five bid alternates. Award of these bid alternates will result in new flooring throughout the school, with the exception of the gym. Kodiak Island Borough Code 3.30.060 Local Preference allows the Assembly the discretion to award a contract to a "responsible bidder who maintains a business office or store within the borough from which the property or service would be provided, if that bid does not exceed the lowest responsible bid by more than 10 percent." In this case Friend Contractors LLC is a local contractor whose bid amount does not exceed the lowest responsible bid by more than 10 percent. However, this project Is eligible for reimbursement by the State of Alaska, and 4 AAC 31.080(d) states that "The award of a contract for the construction of an educational facility under this section must be made without regard to municipal ordinances or school board resolutions granting a preference to local offerors." If the Assembly were to choose to award the contract to Friend Contractors LLC based on local preference, 4 AAC 31.080(e) allows the State to "deny or limit" their reimbursement for this project. ALTERNATIVES: Take no action, reject all bids, or award based on local preference. The first two alternatives are not recommended as the proposed contract amount is within the budgeted amount and to complete the work during summer 2018 requires awarding a contract in a timely fashion. The last alternative is not recommended as it mightjeopardize the reimbursement amount from the State of Alaska. FISCAL IMPACT: Funding for this project comes from general obligation bonds. The Alaska Department of Education and Early Development reviewed and approved the bid documents and this project is eligible for reimbursement by the State. The budget for construction s $891,814 and the contract is for $859,400. Kodiak Island Borough Contract No. FY2018-20 East Elementary Renovation Phase II. Page 153 of 424 AGENDA ITEM #A.3. KODIAK ISLAND BOROUGH STAFF REPORT C*' _ DECEMBER 21. 2017 ¢' ASSEMBLY REGULAR MEETING A copy of the current budget is attached. OTHER INFORMATION: Kodiak Island Borough Contract No. FY2018-20 East Elementary Renovation Phase It. Page 154 of 424 AGENDA ITEM #A.3. Contract No. FY2018-20 KODIAK ISLAND BOROUGH, ALASKA CONSTRUCTION CONTRACT EAST ELEMENTARY SCHOOL RENOVATION PHASE 11 # I5004 PROJECT NAME AND NUMBER This CONTRACT ("Contract"), between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager, and Cornerstone General Contracting, Inc. Company Name 4040 B Street, Suite 200, Anchorage AK 99503 Company Address (Street or PO Box, City, State, Zip) elan ❑ Individual ❑Partnership ❑Joint Venture []Sole Proprietorship ® Corporation incorporated under the laws of the State of Alaska its successors and assigns, herein called the Contractor, is effective the date of the signature of the Borough Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the Borough, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the above -referenced project as bid by the Contractor, which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the Borough, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the Borough. In no event shall the Borough be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the Borough. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. Payment under this Contract shall not exceed Eight Hundred Fifty Nine Thousand Four Hundred dollars ($ 859.400.00) for the Base Bid and Alternate Bids 1. 2, 3.4. and 5. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the Borough, on or before: Auaust 10. 2018. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the Borough, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the Borough shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the Borough shall have the right to recover $500 Per calendar day as specified in Article 11.8. Suvvlementary Conditions; such deduction to be made, or sum to be recovered, not as a penalty but as Kodiak Island Borough Construction Contract Page 1 of 3 Contract No. FY201 B-20 East Elementary Renovation Phase II. Page 155 of 424 AGENDA ITEM #A.3. Contract No. FY2018-20 liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of $859,400.00 Payment Bond, and $859,400.00 Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the Borough subject to the inspection at all times and approval by any regulatory agency, and in accordance with the laws of the State of Alaska and the Borough. For purposes of this Contract, Contracting Officer means Michael Powers or any other person designated by the Borough Manager. The Contractor is an independent contractor and not an employee or agent of the Borough. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: (1) Drawings dated October 16, 2017 (2) Project Manual dated October 16, 2017 (3) Addendum I dated November 17, 2017 (4) Addendum 2 dated November 22, 2017 (5) Addendum 3 dated November 29, 2017 (6) Addendum 4 dated December 1, 2017 Kodiak Island Borough Construction Contract Page 2 of 3 Contract No. FY2018-20 East Elementary Renovation Phase II. Page 156 of 424 AGENDA ITEM #A.3. Contract No. FY2018-20 IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Cornerstone General Contracting. Inc. mp• Name nature VAuthorized Company Representative �Dj� Name and Title `),-06.17 Date KODIAK ISLAND BOROUGH Signature of Borough Manager Michael Powers Typed Name Date Nova M. Javier, MMIC Borough Clerk (ATTEST) Kodiak Island Borough Construction Contract Page 3 of 3 Contract No. FY2018-20 East Elementary Renovation Phase II. Page 157 of 424 AGENDA ITEM #A.3. Contract No. FY2018-20 East Elementary Renovation Phase II. Page 158 of 424 aO o o m vi o 0 O oo O O m p o O vi r of N J 6 n N N ,.y VI O b N m Ul O O n m Ul O O O v +/F VF O O a ❑ ¢ O O V m a J Q O O 1p O O 00 N O O tv1 N O O O1 rl ❑ arl O O VI rl J Q M 4% LDLWVY�C�JCOV�Can_1 o N O OuvOVOOR1f O1vVO �aN❑QJm O 0NmN+O/1 O O O NOtvVNUvOOpuN1}f � VO O NO NaoOO�VNOOn/Ff O lM0 VO O O M N Orl M O O O O O E m w G o m m n c!F} M Wi caA 1 F VO O 2 Nto O U V J J V C C V C O m O C C O Y ro C w w W O a c u N Y M Y J3 ~ co O .o 'm c m p V a m > p Contract No. FY2018-20 East Elementary Renovation Phase II. Page 158 of 424 AGENDA ITEM #A.3. Contract No. FY2018-20 East Elementary V r1-t oo u'� n n � c .� ui o N 00 lD NOLLn � v C r -I ln lD ri N M d 00 C O r r0 i!} y/* V).O oNo 0)m � C v m 0 m06 0 c -i MTT c a E N v a x m o m N LA v w W Y H f0 W 01 01 a' al O rl v 0 OLn rq Y � � lD ci i --I M O V c -I Ql W l0 N c -I V w N Q1 ll1 m O1 v� in vi in in of Vl Cu O V D � rp N M C bo n 0 N ti 9 W c n` D Contract No. FY2018-20 East Elementary O1 C Vl C 1= D U Q U � Renovation Phase II. Page 159 of 424 AGENDA ITEM #A.4. KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 21, 2017 ASSEMBLY REGULAR MEETING SUBJECT: Contract No. FY2018-21 Update To The Building Inspection Program Memorandum Of Agreement Between The Kodiak Island Borough And The City Of Kodiak ORIGINATOR: Sara Mason RECOMMENDATION: Move to direct the Borough Manager to execute Contract No. FY2018-21 Update to the Building Inspection Program MOA between the Kodiak Island Borough and the City of Kodiak. DISCUSSION: The Memorandum of Agreement (MOA) between the Kodiak Island Borough (KIB) and City of Kodiak (City) outlining the municipalities' joint Building Inspection Program was originally executed in 1988 and has not been updated since 1997. Both Borough and City staff have been actively involved in the proposed update to the MOA that is before the Assembly. All proposed changes to the existing agreement are highlighted for ease for comparison. Included in the added text is a provision for the development of standard plans to be made available for the common project types that most often require engineering. It is anticipated that these standard plans will decrease overall project cost and project duration for builders. In addition, two deletions were made: Item I.D. of the Building Inspection Program Points of Agreement was removed. The last sentence of item 6.A of the Building Inspection Program Points of Agreement was removed. ALTERNATIVES: Keep 1997 Building Inspection Program MOA in place. FISCAL IMPACT: No fiscal impacts are anticipated for the Borough at this time. OTHER INFORMATION: Kodiak Island Borough Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 160 of 424 AGENDA ITEM #A.4. MEMORANDUM OF AGREEMENT Between the KODIAK ISLAND BOROUGH and the CITY OF KODIAK BUILDING INSPECTION PROGRAM On April 15, 1988, the Kodiak Island Borough and the City of Kodiak established a single program for the inspection of buildings within the jurisdiction of both governments. Previous to this agreement there was one building inspector/official for each local government. This memorandum of agreement (MOA) reestablishes the parameters of the single building inspection program that serves the residents of both jurisdictions, and replaces the updated Building Inspection MOA of 1997. Objectives 1. To provide for a single building inspection program for the City of Kodiak and the Kodiak Island Borough. 2. To ensure a consistent application of building regulations in the City of Kodiak and the Kodiak Island Borough. 3. To reduce the total cost of building inspection services in the Kodiak Island Borough and the City of Kodiak. 4. To provide an economical, efficient, and effective building inspection program for residents of the Kodiak Island Borough and the City of Kodiak. Points of Agreement 1. The Kodiak Island Borough (hereinafter "Borough") hereby contracts with the City of Kodiak (hereinafter "City") for building inspection services. Personnel aspects of the program are the responsibility of the City, and the building official and deputy building official shall be employees of the City. A. This service will include the following: (1) a full-time building official; (2) a full-time deputy building official; (3) all other necessary and typical functions associated with an operational building inspection program; (4) administration and enforcement of Borough Code Title 15, Buildings and Construction, including issuing permits, checking plans, performing field inspections, maintaining records of each permit, and maintaining statistical records; (5) records will be kept on each building permit and will include at a minimum, the following applicable information: building permit applications, approved plans and specifications; the as -built site plan; compaction report on engineered fills; and inspection reports on all inspections performed; and (6) issuance of a certificate of occupancy and/or final inspection report when construction, for which a permit was issued, is completed. The borough assessor shall be provided with a copy of all certificates of occupancy and/or final inspection reports on a monthly basis. B. The Borough will supply the office space for building inspection program. C. The City will supply the vehicle for the building inspection program. Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 161 of 424 AGENDA ITEM #A.4. D. Monthly and annual reports of building permit activities will be submitted on forms agreed to by the Borough and the City. 2. In all cases, the building official will be responsible for ensuring that all structures are in compliance with adopted codes. The Borough or the City may, on a case-by-case basis, request from the building official approval to use alternative personnel for ensuring that public construction projects meet adopted codes. The building official may deny approval for the use of alternative personnel based on the lack of appropriate qualifications of the personnel. All code compliance inspection reports or similar records generated for public construction projects shall become part of the building file maintained in the building inspection program office. If approval is granted by the building official for the use of alternative personnel, a permit fee will not be charged for the portion of the project inspected by the alternative personnel; however, the value of any portion of a public construction project inspected by alternative personnel will be included in the project owner's portion of the permit value calculations for building inspection program operations. If building inspection program staff perform code compliance inspections for a public construction project, then the project will be charged the applicable building permit, electrical permit, or plumbing permit fees, and the project or portion of the project inspected will not be included in the permit value calculations for building Inspection program operations. The cost of the building inspection program will be split between the City and the Borough based on the building valuation of the permits issuedInside the City (City responsibility) and outside the City (Borough responsibility). Payments by the Borough shall be made promptly upon billings submitted by the City. 3. The Community Development Department will work with the building inspection program office to ensure adherence to this MOA is implemented. This MOA is not intended to replace current day-to-day communications between staff, which are encouraged to continue. All policy issues, whether City, Borough, or joint, will be referred to the Borough Mayor and City Manager for joint resolution. A. The MOA for zoning compliance is incorporated, in total, in this MOA and is labeled Appendix A. B. The MOA for the building fire safety inspection program for the Kodiak road system is incorporated, in total, in this MOA and is labeled Appendix B. 4. The Borough and the City shall review and revise their respective Building Codes and maintain identical regulations that include, but are not limited to, the following: A. Building Code; B. Electrical Code; C. Plumbing Code; D. Mechanical Code; E. Fuel Gas Code; F. Fire Code; G. Driveway permits; H. Ordinances providing for fire safety review and approval of plans and specifications, and the enforcement of state fire statutes and regulations; 1. Building Valuations and Fee Schedules;'an_d Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 162 of 424 AGENDA ITEM #A.4. J. Standard plans to address the common projects most often requiring engineering. S. The Borough shall adopt an ordinance that requires the identification of lot corners in the field prior to commencement of construction. 6. Insurance A. The City shall provide liability insurance. Upon request the City shall provide the Borough with evidence of the insurance coverage in force. If the Borough should conclude that the insurance coverage obtained by the City is inadequate to protect its interest, the Borough shall give the City written notice of its concerns and shall request that the insurance coverage maintained by the city be broadened or increased in certain particulars. B. Any liability insurance policy obtained by either the City or the Borough shall contain a waiver of all subrogation claims against the other party. C. The Borough agrees to indemnify and hold the City harmless from any and all uninsured claims or damages arising out of actions or omissions of the staff of the building inspection program which are associated primarily with implementation of this agreement with respect to property lying outside of the City and the City agrees to indemnify and hold harmless the Borough from any and all uninsured claims or damages arising out of actions or omissions of the staff of the building inspection program which are associated primarily with implementation of this agreement with respect to property lying within the City. 7. The Borough and the City shall separately assume any legal costs associated with building inspection program enforcement within their respective jurisdictions. B. It is the responsibility of the building inspection program staff to initiate Borough and City building and related code updates. All Borough and City code revisions that may affect the building inspection program shall be provided to the building official for review and comment. 9. This agreement may be terminated by either party upon ninety (90) days advance written notice to the other party. Dated this day of , 2017 KODIAK ISLAND BOROUGH Michael Powers, Borough Manager ATTEST: Nova Javier, Borough Clerk CITY OF KODIAK Mike Tvenge, City Manager ATTEST: Debra Marlar, City Clerk Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 163 of 424 AGENDA ITEM #A.4. ZONING COMPLIANCE PROGRAM Appendix A of the Building Inspection Program MOA On March 1, 1984, the Kodiak Island Borough (Borough) and the City of Kodiak (City) established a coordinated procedure for the enforcement of zoning regulations within the city limits. This Appendix replaces the original Zoning Compliance MOA of 1984, and provides a procedure for the inspection of zoning requirements through the building inspection program. Objectives 1. To provide zoning compliance inspections in conjunction with building inspections as stated in the points of agreement. 2. To ensure a coordinated and consistent zoning compliance inspection program. 3. To provide a specific and acceptable process that defines the responsibilities of the Borough and the City for implementing zoning compliance inspections as a function of the building inspection program. Points of Agreement 1. No building permit will be issued without written zoning authorization from the Borough, except as may be otherwise provided for in the Borough Code. 2. Written zoning authorization by the Borough will be on a form provided by the Borough and printed In a format mutually agreed to by the City and the Borough. The format shall include a minimum the following information: A. property corner markers with identification or other acceptable markers must be in place and available for verification of setback distances; and B. applicant acknowledgment that the information provided on the authorization is correct, and that the applicant agrees to comply with all ordinances and laws regulating zoning compliance. 3. The written zoning authorization will be specific in its identification of regulations that require compliance, including any approvals or conditions specified by the Borough Planning and Zoning Commission. 4. While conducting site inspections as part of the building permit process, it will be the responsibility of the building inspection program staff to note all violations of the written zoning authorization and to inform both the applicant and the Borough Community Development Department of any violations including, but not limited to, the fallowing: a. setback requirements; b. height restrictions; c. off-street parking requirements and development standards; and d. permitted uses. S. In cases of confusion or conflict between the applicant and the building inspection program staff over either the written zoning authorization or the imposition of specific zoning regulations, the issue will be brought to the Community Development Department for resolution. Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 164 of 424 AGENDA ITEM #A.4. 6. In cases when there are violations of both the zoning and building codes, the Community Development Department and Building Inspection Program staff shall engage in joint signatures on violation letters and joint site inspections. Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 165 of 424 AGENDA ITEM #A.4. BUILDING FIRE SAFETY INSPECTION PROGRAM Appendix B of the Building Inspection Program The Kodiak Island Borough and the City of Kodiak wish to establish a coordinated building fire safety inspection program throughout each respective jurisdiction. Objective To enforce State fire safety laws as established in AS 18.70 and AS 18.72 and all regulations adopted pursuant to these statutes through a local building fire safety program. Points of Agreement 1. It will be the responsibility of the City of Kodiak Fire Department to administer and enforce the requirements of the building fire safety program on the contiguous Kodiak road system. 2. Additional inspections requested by the Borough will be scheduled in as timely a manner as possible by the City Fire Department. 3. The Borough shall be financially responsible for the building fire safety inspection program outside the boundaries of the City. 4. To enforce the state fire laws as established in AS 18.70 and 18.72 and all regulations and codes adopted under the statutes — these laws and regulations set the minimum acceptable standard and variances below the standard will not be granted. S. That all plan reviews for buildings in the deferred area will be done or supervised by an ICC approved plans examiner. 6. That any Fire and life safety inspections done by the City of Kodiak Fire Department and/or Building Department will be done or supervised by an ICC certified inspector. 7. That the Fire Department immediately implements a building fire safety inspection program that meets or exceeds the program conducted by the State Division of Fire and Life Safety. Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 166 of 424 AGENDA ITEM #A.4. MEMORANDUM OF AGREEMENT between the KODIAK ISLAND BOROUGH and the CITY OF KODIAK BUILDING INSPECTION PROGRAM On April 15, 1988, the Kodiak Island Borough and the City of Kodiak established a single program for the inspection of buildings within the jurisdiction of both governments. In the past there has been one building inspector/official for each local government. This memorandum of agreement (MOA) reestablishes the parameters of the single building inspection program that serves the residents of both jurisdictions, and replaces the original Building Inspection MOA of 1988. Objectives 1. To provide for a single building inspection program for the City of Kodiak and the Kodiak Island Borough. 2. To ensure a consistent application of building regulations in the City of Kodiak and the Kodiak Island Borough. 3. To reduce the total cost of building inspection services in the Kodiak Island Borough and the City of Kodiak. 4. To provide an economical, efficient, and effective building inspection program for residents of the Kodiak Island Borough and the City of Kodiak. Points of Agreement 1. The Kodiak Island Borough (hereinafter "Bo1'ough") hereby contracts with the City of Kodiak (hereinafter "City') for building inspection services. Personnel aspects of the program are the responsibility of the City, and the building official and assistant building official shall be employees of the City. A. This service will include the following: (1) a full-time building official; (2) a full-time assistant building official; (3) a half-time administrative assistant; (4) all other necessary and typical functions associated with an operational building inspection program; (5) administration and enforcement of Borough Code Title 15, Buildings and Construction, including issuing permits, checking plans, performing field inspections, maintaining records of each permit, and maintaining statistical records; Memorandum of Agmenn;nl—auiklinq Inge tine Pmgmm Kodiak IslarW Borough/City of Kodiak Page I of 4 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 167 of 424 AGENDA ITEM #A.4. (6) records will be kept on each building permit and will include at a minimum, the following applicable information: building permit applications, approved plans and specifications; the as -built site plan; compaction report on engineered fills; and inspection reports on all inspections performed; and (7) issuance of a certificate of occupancy and/or final inspection report when construction, for which a permit was issued, is completed. The borough assessor shall be provided with a copy of all certificates of occupancy and/or final inspection reports on a monthly basis. B. The Borough will supply the office space for the building inspection program. C. The City will supply the vehicle for the building inspection program. D. The building inspection office will be tied into both the Borough and the City telephone and remote communicalion systems, and the Borough AS/400 computer for access to property .., record files. Building inspection program staff will implement the ATE B i , p ' sem- r ware application once it has been installed and training has been provided by the Borough: F Monthly and annual reports of building permit activities will be submitted on forms agreed to by the Borough and the City. 2. In all cases, the building official will be responsible for ensuring that all structures are in compliance with adopted codes. The Kodiak Island Borough or the City of Kodiak may, on a case-by-case basis, request from the building official approval to use alternative personnel for ensuring that public construction projects meet adopted codes. The building official may deny approval for the use of alternative personnel based on the lack of appropriate qualifications of the personnel. All code compliance inspection reports or similar records generated for public construction projects shall become part or the building file maintained in the building inspection program office. If approval is granted by the building official for the use of allemative personnel, a permit fee will not be charged fcr the portion of the project inspected by the alternative personnel; however, the value of any portion ore public construction project inspected by alternative personnel will be included in the project owner's portion of the permit value calculations for building inspection program operations.f it building inspection program staff perform code compliance inspections for a public construction project, then the project will be charged the applicable building permit, electrical permit, or plumbing permit fees, and the project or portion of the project inspected will not be included in the peril value calculations for building inspection program operations. The cost of -the building inspection program will be split between the l=ily and the Borough based on the dollar value of the permits issued inside the City (City responsibility) and outside the City (Borough responsibility). Payments by the Borough shall be made promptly upon billings submitted by the City. 3. The Community Development Department will work with the building inspection program office to ensure adherence to this MOA is implemented. This MOA Is not intended to replace current day -today communications between staff, which are encouraged to continue. All policy issues, Menw ndum of Agreemnnl—Buikiinp Inspection Program Kodiak Island noronglMly or Kodiak Pagc 2 or 4 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 168 of 424 AGENDA ITEM #A.4. whether City, Borough, or joint, will be referred to the Borough Mayor and City Manager for joint resolution. A. The MOA for zoning compliance is incorporated, in total, in this MOA and is labeled Appendix A. B.. The MOA for the building fire safety inspection program for the Kodiak road system is incorporated, in total, in this MOA and is labeled Appendix B. 4. The Borough and the City shall review and revise their respective Building Codes and strive to maintain identical regulations that include, but are not limited to, the following: A. I- I orm- uI es; i Z7 C B. National Electrical Code; C. Uniform Plumbing Code; D. Driveway permits; E. Ordinances providing for fire safety review and approval of plans and specifications, and the enforcement of slate fire statutes and regulations; and F. Building Valuations and Fee Schedules, 5. The Borough shall adopt an ordinance that shall require the identification of lot corners in the field prior to commencement of construction. 6. Insurance A. The City shall provide liability insurance. Upon request the City shall provide the Borough with evidence of the insurance coverage in force at any time. If the Borough should conclude that the insurance coverage obtained by the City is inadequate to protect its interest, the Borough shall give the City written notice of its concerns and shall request that the insurance coverage maintained by the City be broadened or increased in certain particulars. If the City fails to agree to the Borough's request and obtain the broadened, increased coverage within thirty (30) days atter receipt of the request, then the Borough may either obtain such additional insurance coverage as it has requested and deduct the proven cost thereof from any payments otherwise due to the City or terminale this agreement in accordance with Section 9. B. Any liability insurance policy obtained by either the City or the Borough shall contain a waiver of all subrogation claims against the other party. C. The Borough agrees to indemnify and hold the City harmless from any and all uninsured claims or damages arising out of actions or omissions of the staff of the building inspection Memory Burn or Agreement—Buikfing InsMcii<m Program Kodiak Island Burog1t/City or Kodiak Pap. 3 of 4 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 169 of 424 AGENDA ITEM #A.4. program which are associated primarily with implementation of this agreement with respect to property ly"Ing outside of the City and the City agrees to indemnity and hold harmless the Borough from any and all uninsured claims or damages arising out of actions or omissions of the staff of the building inspection program which are associated primarily with implementation of this agreement with respect to property lying within the City. 7. The Borough and the City shall separately assume any legal costs associated with building inspection program enforcement within their respective jurisdictions. 8. It is the responsibility of the building inspection program staff to initiate Borough and City building and related code updates. All Borough and City code revisions that may affect the building inspection program shall be provided to the building official for review and comment. 9. This agreement maybe terminated by either party upon ninety (90) days advance written notice to the other party. DATED this I Gth day or May, 1997. KODIAK ISLAND BOROUGH L Y[� LcCL Jerome M. Selby, "Mo Attest: bb 4 Zk4SIrA • 1Q s Mumormulunt of Agmcmenl—UuilAing InslR:climt Pmpmm Kodiak lsb.d norougldCily of Kt W,k CITY OF KODIAK 7� William D. on s, City Manager Attest: 11nge A of I Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 170 of 424 AGENDA ITEM #A.4. ZONING COMPLIANCE PROGRAM Appendix A of the Building Inspection Program MOA On March 1, 1994, the Kodiak Island Borough(Borough) and the City of Kodiak (City) established a coordinated procedure for the enforcement of zoning regulations within the city limits. This Appendix replaces the original Zoning Compliance MOA of 1994, and provides a procedure for the inspection of zoning requirements through the building inspection program. Objectives 1. To provide zoning compliance inspections in conjunction with building inspections. 2. To ensure a coordinated and consistent zoning compliance inspection program. 3. To provide a specific and acceptable process that defines the responsibilities of the Kodiak Island Borough and the City of Kodiak for implementing zoning compliance inspections as a function of the building inspection program. Points of Agreement 1. No building permitwill be issued withoulwritten zoning authorization from the Borough, except as may be otherwise provided for in the Borough Code. 2. Written zoning authorization by the Borough will be on a form provided by the Borough and printed in a format mutually agreed to by the City and the Borough. The format shall include at a minimum the following information: A. property corner markers with identification or other acceptable markers must be in place and available for verification of setback distances; and B. applicant acknowledgment that the information provided on the authorization is correct, and that the applicant agrees to comply with all ordinances and laws regulating zoning com- pliance. 3. The written zoning authorization will be specific in its identification of regulations that require compliance, including any approvals or conditions specified by the Borough Planning and Zoning Commission. 4. While conducting site inspections as part of the building permit process, it will be the responsibility of the building inspection program staff to note all violations of the written zoning authorization and to inform both the applicant and the Borough Community Development Department of any violations including, but not limited to, the following: a. setback requirements; Appendix A, Momormdwn or Agracmcnl—Building Insr,odinn po,gmni 'Coning CnmlA zincc Program Paye 1 nl 2 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 171 of 424 AGENDA ITEM #A.4. b. height restrictions; c off-street parking requirements and development standards; and d. permitted uses. S. In cases of confusion or conflict between the applicant and the building inspection program staff over either the written zoning authorization or the imposition of specific zoning regulations, the issue will be brought to the Community Development Department for resolution. 6. In cases when there are violations of both the zoning and building codes, the Community Development Department and building inspection program staffs shall engage in joint enforcement action to the greatest extent possible. This includes, but is not limited to, joint signatures on violation letters and joint site inspections. Appendix A, Memorandum of Agreement—Building Wpedion Pmgrmn Toning Compliance Pmgram Page 2 ur 2 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 172 of 424 AGENDA ITEM #A.4. BUILDING FIRE SAFETY INSPECTION PROGRAM Appendix B of the Building Inspection Program The Kodiak Island Borough and the City of Kodiak wish to establish a coordinated building fire safely inspection program throughout each respective jurisdiction. Objective To enforce State fire safety laws as established in AS 18.70 and AS 18.72 and all regulations adopted pursuant to these statutes through a local building fire safety program. Points of Agreement 1. Itwill be the responsibility of the City of Kodiak Fire Department to administer and enforce the requirements of the building fire safety program on the contiguous Kodiak road system. 2. Inspections requested by the Borough will be scheduled in as timely a manner as possible by the City Fire Department. 3. The Borough shall be financially responsible for the building fire safety inspection program outside the boundaries of the City. Appmxlix a, W -MI -1114u,11 n(Apimnienl—Building Inepcdinn Pmgrnni Building Fire sarely impeclion Pragrmn Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 173 of 424 AGENDA ITEM #A.4. MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF KODIAK AND THE KODIAK ISLAND BOROUGH The City of Kodiak and the Kodiak Island Borough wish to provide for code compliance inspections on Borough projects within the City of Kodiak. It shall be the responsibility of the Kodiak Island Borough to provide Icertification to the City of Kodiak that projects undertaken by the Borough (within the City of Kodiak comply with all National Building Codes adopted by the City in effect at the time the project is undertaken. This certification can be accomplished by a letter from the Kodiak Island Borough to the City Building Official stating that inspections have been com- Ipleted and that the building ccmplies with all National Building Codes adopted Eby the City. DATED this 2nd day of August , 1984. CITY OF KODIAK, ALASKA Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 174 of 424 REVENUES Value Total of Permits Issued Kodiak Island Borough & City of Kodiak Summary of Quarterly Building Inspection Invoices For Fiscal Year 2016 & 2017 AGENDA ITEM #A.4. 12/15/17 kf CITY FY2016 FY2017 15T QTR JUL-SEP2015 2ND QTR OCT-DEC2015 I 3RD QTR JAN - MAR 2016 4TH QTR APR - JUN 2016 15T QTR JUL - SEP 2016 2ND QTR OCT -DEC 2016 3RD QTR JAN - MAR 2017 4TH QTR APR - JUN 2017 $785,582.60 $1,160,193.30 1 $369,557.00 1 $2,993,026.34 $2,837,030.00 $3,312,465.80 $1,008,024.52 $7,031,061.05 EXPENSES Building Inspection Services $15,449.03 $35,559.32 1 $22,304.96 1 $82,209.38 $13,881.01 $30,025.74 $20,355.35 $31,277.11 Percentage 36% 49% 33% 71% 34% 66% 62% 64% REVENUES Value Total of Permits Issued EXPENSES Building Inspection Services Percentage $27,464.93 $37,010.72 1 $45,285.84 1 $33,578.48 $26,945.48 $15,467.81 $12,475.86 $17,593.38 64% 51% 67% 29% 66% 34% 38% 36% Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 175 of 424 '. FY2016_ ,? ,"- ti, ',FY2017 1ST QTR JUL - SEP 2015 2ND QTR OCT - DEC 2015 3RD QTR JAN - MAR 2016 4TH QTR IST QTR APR - JUN 2016 JUL-SEP2016OCT-DEC2016 2ND QTR 3RD QTR JAN-MAR2017 4TH QTR APR-JUN2017 $1,425,493 $1,230,500 1 $743,394 1 $1,240,365 $5,478,057 $2,684,520 1 $608,865 $3,983,320 $27,464.93 $37,010.72 1 $45,285.84 1 $33,578.48 $26,945.48 $15,467.81 $12,475.86 $17,593.38 64% 51% 67% 29% 66% 34% 38% 36% Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 175 of 424 Customer #: 300002 Kodiak Island Borough 710 Mill Bay RD Kodiak, AK 99615 Services July - September, 2015 AGENDA ITEM #A.4. INVOICE DATE DUE DATE INVOICE # TOTAL DUE 10178/2015 11/07/2015 2016-10000080 $27,464.93 Please Mail Payment To: City of Kodiak P.O. Box 1397 Kodiak, AK 99615 Amount Enclosed: DETACH AND RETURN TOP PORTION WITH YOUR PAYMENT KEEP THIS PORTION FOR YOUR RECORDS FOR BILLING INQUIRY: (907) 486-8650 Description IQty I Unit Price I Total Price Bldg Inspections $27,464.9300 $27,464.93 City ofgodilk, AK 861 � � 907V'86-8650 Contract No. FY2018-21 Update To The Bui ing nspec ion rog am emoran... Page 176 of 424 October 8, 2015 Kodiak Island Borough 710 Mill Bay Rd Kodiak, AK 99615 AGENDA ITEM #A.4. CITY OF KODIAK POST OFFICE BOX 1397, KODIAK, ALASKA 99615 907486-8653 Voice 907486.8600 Fax Building Inspection services rendered during the period of July 1 through September 30, 2015 July August September Percentages Expenses 9/3012015 CITY BOROUGH TOTAL 330,046.08 752,057.00 1,082,103.08 101,000.00 142,047.00 243,047.00 354.536.52 531,389.00 885.925.52 $785,582.60 $1,425,493.00 $2,211,075.60 36% $15,449.03 64% 100% $27,464.93 $42,913.96 42,913.96 YTD expenses minus Professional Services $42,913.96 Shared quarterly expenses 1 st Quarter Kodiak Island Borough share of Building Inspection services is $27,464.93 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 177 of 424 Customer #: 300002 Kodiak Island Borough 710 Mill Bay RD Kodiak, AK 99615 INVOICE DATE DUE DATE INVOICE TOTALDUE 01/12/2016 02/11/2016 1 2016-10000124 $37,010.72 Please Mail Payment To: City of Kodiak P.O. Box 1397 Kodiak, AK 99615 Aomunt Enclosed. - DETACH AND RETURN TOP PORTION WITii YOUR PAYMENT KEEP THIS PORTION FOR YOUR RECORDS Services October - December, 2015 FOR BILLING INQUIRY: (907) 486-8650 Description IQty I Unit Price I Total Price Bldg Inspections $37,010.7200 $37,010.72 4. Contract No. FY2018-21 Update To TRMI%W1ht0KbW'Arog#A7l i .. Page 178 of 424 January 12, 2016 Kodiak Island Borough 710 Mill Bay Rd Kodiak, AK 99615 AGENDA ITEM #A.4. CITY OF KODIAK POST OFFICE BOX 1397, KODIAK, ALASKA 99615 907-486-8653 Voice 907486-8600 Fax Building Inspection services rendered during the period of October 1 through December 31, 2015 CITY BOROUGH TOTAL October 497,891.36 474,440.00 972,331.36 November 497,931.94 179,184.00 677,115.94 December 164,370.00 576.876.00 741.246.00 $1,160,193.30 $1,230,500.00 $2,390,693.30 Percentages 49% 51% 100% Expenses $35,559.32 $37,010.72 $72,570.04 12/31/2015 115,484.00 YTD expenses minus Professional Services 9/3012015 -42,913.96 1st Qtr expenses minus Professional Services $72,570.04 Shared quarterly expenses 2nd Quarter Kodiak Island Borough share of Building Inspection services is $37,010.72 -.�L p-4 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 179 of 424 T Customer #: 300002 Kodiak Island Borough 710 Mill Bay RD Kodiak, AK 99615 INVOICE DATE DUE DATE INVOICE k TOTAL DUE 04/19/2016 05/19/2016 2016-10000187 $45,285.84 Please Mail Payment To: City of Kodiak P.O. Box 1397 Kodiak, AK 99615 Amount Enclosed: DGTACI I AND RETURN TOP PORTION 1V1111 YOUR PAYMENT KEEP T[HS PORTION FOR YOUR RECORDS Services for January 1 - March 31, 2016 FOR BILLING INQUIRY: (907) 486-8650 Description Qty I Unit Price ITotal Price Bldg Inspections 04/19/2016 $45,285.8400 Less Prepayment Total Due — $45,285.84 Cit of odl�k AK(996V {a907b486-8650 Contract No. FY2018-21 Update To The u l Ing hpec ion rogr m emoran... Page 180 of 424 April 19, 2016 Kodiak Island Borough 710 Mill Bay Rd Kodiak, AK 99615 AGENDA ITEM #A.4. CITY OF KODIAK POST OFFICE BOX 1397. KODIAK. ALASKA 99615 907486-8653 Voice 907486-8600 Fax Building Inspection services rendered during the period of January 1 through March 31, 2016 CITY BOROUGH TOTAL January 46,780.00 288,361.00 335,141.00 February 43,577.00 349,033.00 392,610.00 March 279.200.00 106.000.00 38 200.00 $369,557.00 $743,394.00 $1,112,951.00 Percentages 33% 67% 100% Expenses $22,304.96 $45,285.84 $67,590.80 3/31/2016 183,074.80 YTD expenses minus Professional Services 12/31/2015 -72,570.04 2nd Qtr expenses minus Professional Services 9/30/2015 -42,913.96 1st Qtr expenses minus Professional Services $67,590.80 Shared quarterly expenses 3rd Quarter Kodiak Island Borough share of Building Inspection services is $45,285.84 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 181 of 424 Customer #: 300002 Kodiak Island Borough 710 Mill Bay RD Kodiak, AK 99615 Services for April - June, 2016 AGENDA ITEM #A.4. INVOICEDATE DUEDATE I INVOICE 1 TOTALDUE 06/30/2016 1 09/25/2016 1 2016-10000221 1 $33,578.48 Please Mail Payment To: City of Kodiak P.O. Box 1397 Kodiak, AK 99615 Amount Enclosed: DETACII AND RETURN TOP PORTION WITI I YOUR PAYMENT KELP TI IIS PORTION FOR YOUR RLCORDS FOR BILLING INQUIRY: (907) 486-8650 Description I Qty I Unit Price I Total Price Bldg 1 $33,578.4800 Inspections $33,578.48 300002 1 06/30/2016 1 09/25/2016 1 2016-10000221 $33,578.48 Less Prepayment $0.00 Total Dne — 53357 fl Contract No. FY2018-21 Update To §rogmA?wAw... Page 182 of 424 August 25, 2016 Kodiak Island Borough 710 Mill Bay Rd Kodiak, AK 99615 AGENDA ITEM #A.4. CITY OF KODIAK POST OFFICE BOX 1397. KODIAK. ALASKA 99615 907486-8653 Voice 907486-8600 Fax Building Inspection services rendered during the period of April 1 through June 30, 2016 CITY BOROUGH TOTAL April 12,357.14 263,448.00 275,805.14 May 1,157,625.20 715,657.00 1,873,282.20 June 1.823.044.00 261.260.00 2.084.304.00 $2,993,026.34 $1,240,365.00 $4,233,391.34 Percentages 71% 29% 100% Expenses $82,209.38 $33,578.48 $115,787.86 613012016 298,862.66 YTD expenses minus Professional Services 313112016 .67,590.80 1213112015 -72,570.04 2nd Qtr expenses minus Professional Services 913012015 -42,913.96 1st Qtr expenses minus Professional Services $115,787.86 Shared quarterly expenses 4th Quarter Kodiak Island Borough share of Building Inspection services is $33,578.48 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 183 of 424 Customer #: 300002 Kodiak Island Borough 710 Mill Bay RD Kodiak, AK 99615 ri wg1 � . . INVOICE DATE DUE DATE INVOICE N TOTAL DUE 11/01/2016 1 12/01/2016 2017-10000078 $26,945.48 Please Mail Payment To: City of Kodiak P.O. Box 1397 Kodiak, AK 99615 Amount Enclosed: DEIACI 1 AND RETURN IDP PORI ION W1 II YOUR PAYMENT W KEEI' TI IIS PORTION I:OR YOUR RECORDS Services for July - September, 2016 FOR BILLING INQUIRY: (907) 486-8650 Description I Qty I Unit Price ITotal Price Bldg 1 $26,945.4800 $26,945.48 Inspections 300002 11/01/2016 12/01/2016 2017-10000078 $26,945.48 Less Prepa)onent Total Due - 526.94i.bR Contract No. FY2018-21 Update To Th�'WL i t VIR�pggigg'�Pograi%oiRe4A�-r%%50. Page 184 of 424 November 1, 2016 Kodiak Island Borough 710 Mill Bay Rd Kodiak, AK 99615 AGENDA ITEM #A.4. CITY OF KODIAK POST OFFICE BOX 1397, KODIAK. ALASKA 99615 907486-8653 Voice 907486-8600 Fax Building Inspection services rendered during the period of July 1 through September 30, 2016 Expenses $13,881.01 $26,945.48 $40,826.49 9/30/2016 40,826.49 YTD expenses minus Professional Services $40,826.49 Shared quarterly expenses 1st Quarter Kodiak Island Borough share of Building Inspection services is $26,945.48 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 185 of 424 CITY BOROUGH TOTAL July 1,573,600.00 281,768.00 1,655,368.00 August 421,600.00 4,224,238.00 4,645,838.00 September 841.830.00 972.051.00 1.813.881.00 $2,837,030.00 $5,478,057.00 $B,315,087.00 Percentages 34% 65% 100% Expenses $13,881.01 $26,945.48 $40,826.49 9/30/2016 40,826.49 YTD expenses minus Professional Services $40,826.49 Shared quarterly expenses 1st Quarter Kodiak Island Borough share of Building Inspection services is $26,945.48 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 185 of 424 Customer #: 300002 Kodiak Island Borough 710 Mill Bay RD Kodiak, AK 99615 INVOICE DATE DUE DATE DWOICE# OTALDUE 01/04/2017 02/03/2017 2017-10000110 1 $15,467.81 Please Mail Payinent To: City of Kodiak P.O. Box 1397 Kodiak, AK 99615 Amount Enclosed: DETACH AND RETURN TOP POR'r10N MITI I YOUR PAYMENT' KEEP' HIS PORTION FOR YOUR RECORDS Services for October - December, 2016 FOR BILLING INQUIRY: (907) 486-8650 Description Qty Unit Price Total Price Bldg Inspections $15,467.8100 $15,467.81 City of Kodiak, AK 99615 (907) 486-8650 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 186 of 424 January 4, 2017 Kodiak Island Borough 710 Mill Bay Rd Kodiak, AK 99615 AGENDA ITEM #A.4. CITY OF KODIAK POST OFFICE BOX 1397, KODIAK, ALASKA 99615 901A86-8653 Voice 907A86-8600 Fax Building Inspection services rendered during the period of October 1 through December 31, 2016 Expenses $30,025.74 $15,467.81 $45,493.55 12/31/2016 86,320.04 YTD expenses minus Professional Services 9/30/2016 -40,826.49 1 st Qtr expenses minus Professional Services $45,493.55 Shared quarterly expenses 2nd Quarter Kodiak Island Borough share of Building Inspection services is $15,467.81 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 187 of 424 CITY BOROUGH TOTAL October 1,081,866.00 1,180,299.00 2,262,165.00 November 1,196,949.80 75,000.00 1,271,949.80 December 1,033.650.00 429.221.00 1.462.871.00 $3,312,465.80 $1,684,520.00 $4,996,985.80 Percentages 66% 34% 100% Expenses $30,025.74 $15,467.81 $45,493.55 12/31/2016 86,320.04 YTD expenses minus Professional Services 9/30/2016 -40,826.49 1 st Qtr expenses minus Professional Services $45,493.55 Shared quarterly expenses 2nd Quarter Kodiak Island Borough share of Building Inspection services is $15,467.81 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 187 of 424 Customer #: 300002 Kodiak Island Borough 710 Mill Bay RD Kodiak, AK 99615 INVOICE DATE DUE DATE INVOICE 9 TOTAL DUE 04/07/2017 05/07/2017 2017-10000157 $12,475.86 Please Afail Pajumew To: City of Kodiak P.O. Box 1397 Kodiak, AK 99615 Amount Encloseek DI_TACI I AND RLTURN TOP PORTION w II I YOUR PAYNIIIN I KLIT'I IIIS PORION FOR YOUR RECORDS Services January - March,2017 FOR BILLING INQUIRY: (907) 486-8650 Description IQty I Unit Price Total Price Bldg Inspections $12,475.8600 $12,475.86 Contract No. FY2018-21 Update To T�eTy�ui ing�n§pectionl�rogr�am �ernora5n.... Page 188 of 424 April 7, 2017 Kodiak Island Borough 710 Mill Bay Rd Kodiak, AK 99615 AGENDA ITEM #A.4. CITY OF KODIAK POST OFFICE BOX 1397. KODIAK. ALASKA 99615 907486-8651 Voice 907486-8600 Fax Building Inspection services rendered during the period of January 1 through March 31, 2017 CITY BOROUGH TOTAL January 135,350.00 25,000.00 160,350.00 February 850,008.52 423,443.00 1,273,451.52 March 22.666.00 160.422.00 183.086.00 $1,008,024.52 $608,865.00 $1,616,889.52 Percentages 62% 38% 100% Expenses $20,355.35 $12,475.86 $32,831.21 1/3112017 119,601.25 YTD expenses minus Professional Services 12/31/2016 -45,943.55 2nd Qtr expenses minus Professional Services 9/30/2016 -40,826.49 1st Qtr expenses minus Professional Services $32,831.21 Shared quarterly expenses 3rd Quarter Kodiak Island Borough share of Building Inspection services is $12,475.86 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 189 of 424 Customer k: 300002 Kodiak Island Borough 710 Mill Bay RD INVOICE DATE DUE DATE INVOICE N TOTAL DUE 06/30/2017 1 07/30/2017 2017-10000205 $17,593.38 Please Mail Payment To: City of Kodiak P.O. Box 1397 Kodiak, AK 99615 Kodiak, AK 99615 Amount Enclosed: DETACH AND RETURN 1'01) PORTION Will YOUR PAYNILNT KEEP THIS PORTION FOIL YOUR RECORDS Services Por April - June, 2017 FOR BILLING INQUIRY: (907) 486-8650 Description Qty Unit Price Total Price Bldg 1 $17,593.3800 Inspections 117-10000205 Less Prepayment Total Due — $17,593.38 Contract No. FY2018-21 Update To Thel�u°IfdKodlns ec�ioneE35o raI n01 emoran50 P 9 b 9 Page 190 of 424 July 10, 2017 Kodiak Island Borough 710 Mill Bay Rd Kodiak, AK 99615 AGENDA ITEM #A.4. CITY OF KODIAK POST OFFICE BOX 1397. KODIAK. ALASKA 99615 9074186-8651 Voice 907486-8600 Fax Building Inspection services rendered during the period of April 1 through June 30, 2017 Expenses $31,277.11 $17,593.38 $48,870.49 6/30/2017 $168,021.74 YTD expenses minus Professional Services 3/31/2017 -32,831.21 3rd Qtr expenses minus Professional Services 12/31/2016 -45,493.55 2nd Qtr expenses minus Professional Services 9130/2016 -40,826.49 1sl Qtr expenses minus Professional Services $48,870.49 Shared quarterly expenses 3rd Quarter Kodiak Island Borough share of Building Inspection services is $17,593.38 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 191 of 424 CITY BOROUGH TOTAL April 5,850,144.05 893,030.00 6,743,174.05 May 925,114.34 1,235,082.00 2,161,196.34 March 255.802.66 1.854.208.00 2.110.010.66 $7,031,061.05 $3,983,320.00 $11,014,381.05 Percentages 64% 36% 100% Expenses $31,277.11 $17,593.38 $48,870.49 6/30/2017 $168,021.74 YTD expenses minus Professional Services 3/31/2017 -32,831.21 3rd Qtr expenses minus Professional Services 12/31/2016 -45,493.55 2nd Qtr expenses minus Professional Services 9130/2016 -40,826.49 1sl Qtr expenses minus Professional Services $48,870.49 Shared quarterly expenses 3rd Quarter Kodiak Island Borough share of Building Inspection services is $17,593.38 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 191 of 424 AGENDA ITEM #A.4. J1 Kodiak Island Borough T MEMORANDUM TO: Kodiak Island Borough Mayor and Assembly FROM: Bill Roberts, Administrative Officer U SUBJECT: MOA between KIB and City of Kodiak DATE: December 18,2017 After discussions during the Thursday night work session it is my opinion that the major point of contention is the added verbiage to Appendix B of the agreement. Points of agreement 4-7 are derived from the State of Alaska Fire and Safety statutes AS 18.70 and 18.72 and from the deferment granted to the City of Kodiak from the State Fire Marshall. In the attached modified agreement points 4-7 have been removed and a new point four has been added. The new sentence basically says that the agreement will adhere to State Law and the deferment granted by the State. Also, during our discussions the method of computing the cost was briefly discussed. The comment was made that splitting the cost 50/50 would be a cleaner method and would allow better for budgeting purposes. That change has also been made to the attached agreement. I did meet with the City Manager and the City Fire Chief and Public Works Department Head on Monday afternoon. They have no problems with the proposed changes. Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 192 of 424 AGENDA ITEM #A.4. MEMORANDUM OF AGREEMENT Between the KODIAK ISLAND BOROUGH and the CITY OF KODIAK BUILDING INSPECTION PROGRAM On April 15, 1988, the Kodiak Island Borough and the City of Kodiak established a single program for the inspection of buildings within the jurisdiction of both governments. Previous to this agreement there was one building inspector/official for each local government This memorandum of agreement (MOA) reestablishes the parameters of the single building inspection program that serves the residents of both jurisdictions, and replaces the updated Building Inspection MOA of 1991. Objectives 1. To provide for a single building inspection program for the City of Kodiak and the Kodiak Island Borough. 2. To ensure a consistent application of building regulations in the City of Kodiak and the Kodiak Island Borough. 3. To reduce the total cost of building inspection services in the Kodiak Island Borough and the City of Kodiak. 4. To provide an economical, efficient, and effective building inspection program for residents of the Kodiak Island Borough and the City of Kodiak Points of Agreement 1. The Kodiak Island Borough (hereinafter "Borough") hereby contracts with the City of Kodiak (hereinafter "City") for building inspection services. Personnel aspects of the program are the responsibility of the City, and the building official and deputy building official shall be employees of the City. A. This service will include the following: (1) a full-time building official; (2) a full-time deputy building official; (3) all other necessary and typical functions associated with an operational building inspection program; (4) administration and enforcement of Borough Code Title 15, Buildings and Construction, including issuing permits, checking plans, performing Field inspections, maintaining records of each permit, and maintaining statistical records; (5) records will be kept on each building permit and will include at a minimum, the following applicable information: building permit applications, approved plans and specifications; the as -built site plan; compaction report on engineered rills; and inspection reports on all inspections performed; and [6) issuance of a certificate of occupancy and/or final inspection report when construction, for which a permit was issued, is completed. The borough assessor shall be provided with a copy of all certificates of occupancy and/or final inspection reports on a monthly basis. B. The Borough will supply the office space for building inspection program. C. The City will supply the vehicle for the building inspection program. Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 193 of 424 AGENDA ITEM #A.4. D. Monthly and annual reports of building permit activities will be submitted on forms agreed to by the Borough and the City. 2. In all cases, the building official will be responsible for ensuring that all structures are in compliance with adopted codes. The Borough or the City may, on a case-by-case basis, request from the building official approval to use alternative personnel for ensuring that public construction projects meet adopted codes. The building official may deny approval for the use of alternative personnel based on the lack of appropriate qualifications of the personnel. All code compliance inspection reports or similar records generated for public construction projects shall became part of the building file maintained in the building inspection program office. If approval is granted by the building official for the use of alternative personnel, a permit fee will not be charged for the portion of the project inspected by the alternative personnel; however, the value of any portion of a public construction project inspected by alternative personnel will be included in the project owner's portion of the permit value calculations for building inspection program operations. If building inspection program staff perform code compliance inspections for a public construction project, then the project will be charged the applicable building permit, electrical permit, or plumbing permit fees, and the project or portion of the project inspected will not be included in the permit value calculations for building inspection program operations. The cost of the building inspection program will be split equally between the City and the Borough Payments by the Borough shall be made promptly upon billings submitted by the City. 3. The Community Development Department will work with the building inspection program office to ensure adherence to this MOA is implemented. This MOA is not intended to replace current day-to-day communications between staff, which are encouraged to continue. All policy issues, whether City, Borough, or joint, will be referred to the Borough Mayor and City Manager for joint resolution. A. The MOA for zoning compliance is incorporated, in total, in this MOA and Is labeled Appendix A. B. The MOA for the building fire safety inspection program for the Kodiak road system is incorporated, in total, in this MOA and is labeled Appendix B. 4. The Borough and the City shall review and revise their respective Building Codes and maintain Identical regulations that include, but are not limited to, the following: A. Building Code; B. Electrical Code; C. Plumbing Code; D. Mechanical Code; E. Fuel Gas Code; F. Fire Code; G. Driveway permits; H. Ordinances providing for fire safety review and approval of plans and specifications, and the enforcement of state fire statutes and regulations; 1. Building Valuations and Fee Schedules; and J, Standard plans to address the common projects most often requiring engineering. Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 194 of 424 AGENDA ITEM #A.4. S. The Borough shall adopt an ordinance that requires the identification of lot corners in the field prior to commencement of construction. 6. Insurance A. The City shall provide liability insurance. Upon request the City shall provide the Borough with evidence of the insurance coverage in force. If the Borough should conclude that the insurance coverage obtained by the City is inadequate to protect its interest, the Borough shall give the City written notice of its concerns and shall request that the insurance coverage maintained by the city be broadened or increased in certain particulars. B. Any liability insurance policy obtained by either the City or the Borough shall contain a waiver of all subrogation claims against the other party. C. The Borough agrees to indemnify and hold the City harmless from any and all uninsured claims or damages arising out of actions or omissions of the staff of the building inspection program which are associated primarily with implementation of this agreement with respect to property lying outside of the City and the City agrees to indemnify and hold harmless the Borough from any and all uninsured claims or damages arising out of actions or omissions of the staff of the building inspection program which are associated primarily with implementation of this agreement with respect to property lying within the City. 7. The Borough and the City shall separately assume any legal costs associated with building inspection program enforcement within their respective jurisdictions. B. It is the responsibility of the building inspection program staff to initiate Borough and City building and related code updates. All Borough and City code revisions that may affect the building inspection program shall be provided to the building official for review and comment. 9. This agreement may be terminated by either party upon ninety (90) days advance written notice to the other party. Dated this day of 2017 KODIAK ISLAND BOROUGH CITY OF KODIAK Michael Powers, Borough Manager Mike Tvenge, City Manager ATTEST: ATTEST: Nova Javier, Borough Clerk Debra Marlar, City Clerk ZONING COMPLIANCE PROGRAM Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 195 of 424 AGENDA ITEM #A.4. Appendix A of the Building Inspection Program MOA On March 1, 1984, the Kodiak Island Borough (Borough) and the City of Kodiak (City) established a coordinated procedure for the enforcement of zoning regulations within the city limits. This Appendix replaces the original Zoning Compliance MOA of 1984, and provides a procedure for the inspection of zoning requirements through the building inspection program. Objectives 1. To provide zoning compliance inspections in conjunction with building inspections as stated in the points of agreement. 2. To ensure a coordinated and consistent zoning compliance inspection program. 3. To provide a specific and acceptable process that defines the responsibilities of the Borough and the City for implementing zoning compliance inspections as a function of the building inspection program. Points of Agreement 1. No building permit will be issued without written zoning authorization from the Borough, except as may be otherwise provided for in the Borough Code. 2. Written zoning authorization by the Borough will be on a form provided by the Borough and printed in a format mutually agreed to by the City and the Borough. The format shall include a minimum the following information: A. property corner markers with identification or other acceptable markers must be in place and available for verification of setback distances; and B. applicant acknowledgment that the information provided on the authorization is correct, and that the applicant agrees to comply with all ordinances and laws regulating zoning compliance. 3. The written zoning authorization will be specific in its identification of regulations that require compliance, including any approvals or conditions specified by the Borough Planning and Zoning Commission. 4. While conducting site inspections as part of the building permit process, it will be the responsibility of the building inspection program staff to note all violations of the written zoning authorization and to inform both the applicant and the Borough Community Development Department of any violations including, but not limited to, the following: a. setback requirements; b. height restrictions; c. off-street parking requirements and development standards; and d. permitted uses. S. In cases of confusion or conflict between the applicant and the building inspection program staff over either the written zoning authorization or the imposition of specific zoning regulations, the issue will be brought to the Community Development Department for resolution. 6. In cases when there are violations of both the zoning and building codes, the Community Development Department and Building Inspection Program staff shall engage in joint signatures on violation letters and joint site Inspections. Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 196 of 424 AGENDA ITEM #A.4. BUILDING FIRE SAFETY INSPECTION PROGRAM Appendix B of the Building Inspection Program Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 197 of 424 AGENDA ITEM #A.4. The Kodiak Island Borough and the City of Kodiak wish to establish a coordinated building lire safety inspection program throughout each respective jurisdiction. Objective To enforce State fire safety laws as established in AS 18,70 and AS 18.72 and all regulations adopted pursuant to these statutes through a local building fire safety program. Points of Agreement 1. It will be the responsibility of the City of Kodiak Fire Department to administer and enforce the requirements of the building Fre safety program on the contiguous Kodiak road system. 2. Additional inspections requested by the Borough will be scheduled in as timely a manner as possible by the City Fire Department. 3. The Borough shall be financially responsible for the building fire safety inspection program outside the boundaries of the City. 4. Ta enlerEe the smtp AFP kwpg Re; pqtnhlished in A 9 IS 70 and 19.72 and all reguiatiens and cede adopted under the statutes tb,..., 1...........d .SP-tle-standard [ That all plan r...de%y5 G.. buildiRgs in the d.,re ffed aFea %411 139 d........ Sed b.. aR 1GG • That any Fire and life safety inspertlens dene by the (3113, of Kodiak Fire . RulldR.......t.. ent will be d....e or su. epyI....d b.. anIPI` eertalged i... peetgF . ____..._ i..a _. meets exceeds the PFOgFafH ndueted by the State Divisien ..FC:.and 11C Safety, 4. This agreement will adhere to the requirements of the City of Kodiak's deferment from the State of Alaska Fire Marshall and as outlined in AS 18.78 and 18.72 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 198 of 424 AGENDA ITEM #A.4. AGREEM1IENT FOR EXF2,EMON OF PLAIT REVO:W AND DEFERRAL OF LIFE SAFETY WSPECTIONS THE CITY OF KODIAK'S request for exemption of complisncc with 13 AAC 50.027 and for deferral of authority to enforce the Stale Fire Code within the City of Kodiak and on the Kodiak Island Borough road system as outlined in the memorandum of agreement between the City of Kodiak and the Kodiak Island Borough dated hlay 16. 1997, is granted under the authority established in 13 AAC 50.075(x).. The City of Kodiak agrees to the following conditions that apply to the exemption and deferral: — To enforce the surto rim laws as established in AS 18.70 and 18.72 and all regulations and codes adopted under the statutes —these laws and regulations set the minimum acceptable standard and variances below the standard will not be granted. — To maintain on its enforcement staff at least one person with a currtnt International Conference of building Officials (I CBO) certificate at a plans examiner and one person with a currant Imemational Fire Code Institute certificate as a uniform fire code inspector. -- That all plan reviews for buildings in the deferred arca will be done or supervised by an ICBG approved plans examiner. — That the City of Kodiak Building Official has the responsibility for providing final plan approval, code interpmmtion$, and modification appmvads. — To follow the same procedures for approving modifications as outlined in 13 AAC 55.130, and that a permanent written record oral) modifications will be maintained. — That any construction inspmGom done by the City will be done or supervised by an IC00 certified inspector. — That the Fire Department immediately implement a building fire safety inspection program that meets or exceeds the program conducted by the State Division of Flm Prevention. — That ager a joint inspection by representatives of the State Fire Marshal's office End the City of Kodiak, ro take responsibility for monitoring, tracking and assuring corrections, of violations that have been previously identified by the State Fire Marslml's office. This Item is limited to the buildings listed in Attachment I. — To periodic reviews of all City records of plan reviews. construction inspections, and fire safety inspections upon reasonable notice by the Some Fire Marshal's office. AS STATED in subsection (d) of 13 AAC $0.075. this exemption and deferral may be canceled following (30) thirty, days written notice if the State Fire Marshal finds die City of Kodiak's Plan Review or Fire Safety Inspection program is not providing adequate enforcement of State Fire Safety Statutes or Regulations Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 199 of 424 AGREEMENT FOR EXEMPTION OF PLAN REVIEW AGENDA ITEM #A.4. AND DEFERRAL OF LIFE SAFETY INSPECTIONS THE request for exemption of compliance with 13 AAC 50.027 and for deferral of authorit) to enforce the State Fire Code within the Fire Service Area is granted under the authority established in 13 AAC 50.075(a). The agrees to the following conditions that apply to the exemption and deferral: -- To enforce the state fire latus as established in AS 18.70 and 18.72 and all regulations and codes adopted under (lie statutes these laws and regulations set the minimum acceptable standard and variances below the standard will not be granted. -- To maintain on its enforcement staff at least one person with a current International Code Council (ICC) certificate as a Building Plans Examiner and at least one person with a current International Code Council certificate as a Fire Inspector I. -- That all plan reviews for buildings in the deferred arca will be done or supervised by an ICC approved plans examiner. -- That the official has the responsibility for providing final plan approval, code interpretations, and modification approvals. -- To follow the same procedures for approving modifications as outlined in 13 AAC 55.130, and that a permanent written record of all modifications will be maintained. -- That any Fire and life safety inspections done by the will be done or supervised by an ICC certified inspector. --Thai the Fire Department immediately implements a building fire safety inspection program that meets or exceeds the program conducted by the State Division of Fire and Life Safety. --That after a joint inspection by representatives of the State Fire Marshal's office and the , to take responsibility for monitoring, tracking and assuring corrections of violations that have been previously identified by the State Fire Marshal's office. This item is limited to the buildings located in the service area. — To perform periodic reviews of all records of plan reviews, construction inspections, and fire safety inspections upon reasonable notice by the State Fire Marshal's office. AS STATED in subsection (d) of 13 AAC 50.075, this exemption and deferral may be canceled following (30) thirty days written notice if the State Fire Marshal finds the Plan Review or Fire Safety Inspection program is not providing adequate enforcement of State Fire Safety Statutes or Regulations. David Tyler (Date) (Name) (Date) State Fire Marshal (Title) (Rev. 12!0112012) Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 200 of 424 Alaska Statutes 2016 AGEP9DA4MM #AA Sec. 18.72.050. [Renumbered as AS 18.72. IBB7. Repeated or Renumbered Sec. 18.72.060. Municipal regulation of fireworks. This chapter and fireworks regulations adopted under the fire safety code supersede the provisions of an ordinance adopted by a city or borough, whether before or after May 23, 1969, that are less restrictive than this chapter or the code. However, nothing in this section affects the authority of a city or organized borough under other law to prohibit or regulate more restrictively than this chapter the offering for sale, exposure for sale, sate, use, or explosion of fireworks. Sec. 18.72.100. Definitions. In this chapter and fireworks regulations adopted in the state fire safety code, Cl) "dangerous fireworks" includes all fireworks that are not defined as salable fireworks; (2) "fire safety code" means the fire safety code of the state adopted and administered by the division of fire prevention of the Department of Public Safety; (3) "fireworks" means salable fireworks or dangerous fireworks; (4) "salable fireworks" are 1.4 G fireworks, as defined by the National Fire Protection Association, and, more specifically, shad include and be limited to the following: (A) roman candles, not exceeding 10 balls spaced uniformly in the tube, total pyrotechnic composition not to exceed 20 grams each in weight, any inside tube diameter not to exceed 3/8 inch; (8) skyrockets with sticks, total pyrotechnic composition not to exceed 20 grams each in weight, and the inside tube diameter not to exceed 1/2 inch, with the rocket sticks being securely fastened to the tubes; (C) helicopter type rockets, total pyrotechnic composition not to exceed 20 grams each in weight, and the inside tube diameter not to exceed 1/2 inch; (D) cylindrical fountains, total pyrotechnic composition not to exceed 75 grams each in weight, and the inside tube diameter not to exceed 3/4 inch; (E) cone fountains, total pyrotechnic composition not to exceed 50 grams each in weight; (F) wheels, total pyrotechnic composition not to exceed 60 grams for each driver unit or 240 grams for each complete wheel, and the inside tube diameter of driver units not to exceed 1/2 inch; (G) illuminating torches and colored fire in any form, total pyrotechnic composition not to exceed 100 grams each in weight; (H) dipped sticks, the pyrotechnic composition of which contains chlorate or perchlorate, that do not exceed five grams, and sparklers, the composition of which does not exceed 100 grams each and that contains no magnesium or magnesium and a chlorate or perchlorate; (I) mines and shells of which the mortar is an integral part, total pyrotechnic composition not to exceed 40 grams each in weight; (D) firecrackers with soft casings, the external dimensions of which do not exceed one and one-haLf inches in Length or one-quarter inch in diameter, total pyrotechnic composition not to exceed two grains each in weight; (K) novelties consisting of two or more devices enumerated in this paragraph when approved by the Bureau of Explosives. htt� v� _�e� s sg.a�,u�(Ras�1S tutej.as 12/18/2017 Contract No. p a e o e ui ing ns�ection Program Memoran... Page 201 of 424 Alaska Statutes 2016 A G E W PfEM #A.4. Chapter 18.72 STATE REGULATION OF FIREWORKS Sec. 18.72.010. Regulation of sale of dangerous fireworks. (a) The sale or offer to sell dangerous fireworks at wholesale or retail for any purpose other than industrial, agricultural, wildlife control, or public display is prohibited. (b) A person desiring to use dangerous fireworks for industrial, agricultural, wildlife control, or public display purposes shalt first comply with the permit requirements of the fire safety code. (c) ALL dangerous fireworks shalt. be purchased from a fireworks wholesaler licensed as such in this state. A fireworks wholesaler may not sell dangerous fireworks to anyone unless the whoLesater has a currently valid permit required by the fire safety code, the number of which shall be affixed to each record of sale by the fireworks wholesaler and maintained as a permanent record of the sate. Sec. 18.72.020. Regulation of sate of salable fireworks. (a) A person holding a permit required by the fire safety code may sell or offer for sale salable fireworks if Cl) the person has submitted to the state fire marshal a policy, or a certified true copy of a policy, of public liability and products Liability insurance, including both accident and occurrence coverage, provided by the wholesale company selling fireworks to the person, in the amount of at least $200,000 for bodily injury or death and at least $50,000 property damage and the person is named as an insured party upon the policy and the policy is continuously in force while the person is engaged in the retail sale of fireworks; and (2) an endorsement fee of $10 is paid to the state fire marshal for an endorsement that is valid for two years or portions of two years during which the permit holder is engaged in the retail sate of fireworks. (b) Upon approval of the insurance required in (a) of this section, the permit of the holder shalt be endorsed by the state fire marshal tc indicate the holder's right to sell fireworks at retail, and shall indicate an expiration of the authority. The expiration date shalt coincide with the expiration date of the permit holder's liability insurance. Sec. 18.72.030. Fireworks wholesaler's License. (a) A person who desires to sell fireworks at wholesale in the state shall first make verified application for a License to the state fire marshal on forms provided by the state fire marshal. The forms must require the applicant to supply the applicant's social security number if the applicant is a natural person. The application shall be accompanied by an annual license fee of $50. (b) The license required under (a) of this section is valid until December 31 of the year during which it is issued and is renewable upon (1) the payment of each subsequent annual License fee and affirmation that the information contained in the whoLesaler's original application for a fireworks wholesaler's license is currently accurate; and (2) supplying the wholesaler's social security number if it has not previously been supplied under (a) of this section and if the wholesaler is a natural person. Sec. 18.72.040. Criminal penalty. A person who recklessly faits to comply with a provision of this chapter or fireworks regulations adopted in the fire safety code is guilty of a class 8 misdemeanor. Each day of noncompliance constitutes a separate offense. In this section, "recklessly" has the meaning given in AS 11.81.900. http://www.legis.state.ak.ustbasis/statutes.asp 12/18/2017 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 202 of 424 Alaska Statutes 2016 AGEP9W61TEM U.4. to enable trainees to meet the standards established under (A) of this paragraph; (C) governing the procedure for certification of fire services training programs that meet the minimum curriculum requirements adopted under this section; (D) governing the procedure for certification of individuals who satisfy the minimum training and performance standards established under this section; and (E) governing the procedure for revocation of the certificate of a person or program that, having been issued a certificate under this section, fails at a later date to meet the standards adopted by the council under this section; the procedures must be consistent with AS 44.62 (Administrative Procedure Act); (2) consult and cooperate with municipalities, agencies of the state, other governmental agencies, universities, colleges, and other institutions concerning the development of fire services training schools and programs offered in the state; (3) employ an administrator and other persons necessary to carry out its duties; and (4) charge and collect fees determined by the council to be necessary. Sec. 18.70.355. Certification optional. Nothing in AS 18.70.320 - 18.70.369 may be construed to prohibit a person from performing fire services without a certificate issued by the council. However, an entity for whom a person performs fire services as an employee or volunteer may require that the person be certified by the council or attend training programs that are certified by the council. Sec. 18.70.360. Alaska fire services personnel fund. The Alaska fire services personnel fund is created in the general fund. The fund consists of appropriations made by the legislature to the fund. The council may use the money in the fund to carry out its powers and duties. Sec. 18.70.369. Definitions. In AS 18.70.320 - 18.70.369, (1) "council" means the Alaska Fire Standards Council established under AS 18.70.330; (2) "fire services" means fire prevention services, fire suppression services, fire suppression support services, or training or educational services related to fire prevention or fire suppression that are performed by an employee of or volunteer with an organized fire service; (3) "organized fire service" means a group of persons organized and trained for prevention and control of loss of life and property from fire, except that the term does not include groups of persons regulated under AS 18.65 or persons regulated under AS 18.08 who are performing within the scope of their certificates acquired under those chapters. Article 04. GENERAL PROVISIONS Sec. 18.70.900. Definition of building. In this chapter, "building" means a structure, installation, facility, or edifice erected or in the process of being erected and that is used or intended for use as a commercial, industrial, business, institutional, other public building, or residential building containing four or more dwelling units. Contract NO.t �=Z�'ifstc�aje To fie dui in ns ection Program Memoran... as 12/18/2017 24 p 9 9 Page 203 of 424 Alaska Statutes 2016 A GEPIW Ff�M #AA It is the policy of the state to protect its residents and their property from the ravages of fire. The state recognizes the need for the state to participate in providing an educational and training system that meets the needs of all communities and all fire services personnel. The legislature finds that fire is a constant threat and that homes, places of employment, modes of transportation, and our natural resources need a system of fire protection that is based on the most current, practical standards and educational principles. Sec. 18.70.330. Creation. (a) There is created in the Department of Public Safety the Alaska Fire Standards Council. (b) The council consists of the following persons: (1) Two chief administrative officers or fire chiefs; only one person appointed under this paragraph may be from a fire department that consists entirely of paid employees; (2) the state fire marshal or a designee of the state fire marshal; (3) four representatives of firefighters, including at Least one member of the Alaska State Firefighters Association nominated under (c) of this section and at least one member of the Alaska Professional Fire Fighters Association nominated under (c) of this section; a person appointed under this paragraph may not, white serving an the council, be a fire chief; (4) two volunteer firefighters, one from a community with a population of 2,500 or less and one from a community with a population greater than 2,500; (5) two members of the public at large with at Least one member from a community with a population of 2,500 or Less; (6) one member of the Alaska Fire Chiefs Association nominated under (c) of this section. (c) The governor shall appoint members of each association named in (b) of this section from a List of at Least three nominees submitted by each association. The governor may reject a List submitted under this subsection and request that another list be submitted. Sec. 18.70.340. Appointment; meetings; expenses. (a) The state fire marshal or a designee shall serve an the council during each state fire marshal's continuance in office. Other members of the council shalt be appointed by the governor for staggered terms of four years, except that a member may not serve beyond the time the member holds the office that established eligibility for appointment. Membership on the council does not disqualify a member from holding another public office or employment. The council shall select its chair and vice -chair annually. (b) The council shall meet at Least twice a year. The chair shall set the time and place of the meeting, either on the chair's own motion or on written request by three members of the council. The council is encouraged to meet electronically. (c) The members of the council do not receive a salary for service on the council, but are entitled to per diem and travel expenses authorized by Law for other boards and commissions under AS 39.20.180. Sec, 18.70.350. Powers. The council may ' Cl) adopt regulations for the administration of AS 18.70.320 18.70.369, including regulations (A) establishing minimum training and performance standards for certification of fixe services personnel that are consistent with the standards of the National Fire Protection Association or other applicable standards; (B) establishing minimum fire training curriculum requirements for certification of training programs that are designed http:/hvww.legis.state.ak.us/basis/statutes.asp 12/18/2017 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 204 of 424 Alaska Statutes 2016 AGERRANMM #AA (d) In this section, (1) "dwelling unit" has the meaning given in AS .34,03,361); (2) "landlord" has the meaning given in AS 34.03.360; (3) "qualifying dwelling unit" means a dwelling unit that (A) contains or is serviced by a carbon-based-fueted appliance or device that produces by-products of combustion; (B) has an attached garage or carport; or (C) is adjacent to a parking space; (4) "rental agreement" has the meaning given in AS 34.03.360; (5) "tenant" has the meaning given in AS 34.03.360. Sec. 18.70.100. Criminal penalty; appeal of administrative orders. (a) Except as provided in (c) of this section, a person who violates a provision of AS 18.70.010 - 18.70.100 or a regulation adopted under those sections, or who fails to comply with an order issued under AS 18.70.010 - 18.70.100, is guilty of a class B misdemeanor. When not otherwise specified, each 10 days that the violation or noncompliance continues is a separate offense. (b) A person aggrieved by a final order may appeal to the superior court within 30 days after the issuance of the final order. Filing of the appeal does not excuse noncompliance with the order. The court may stay the operation of the order on those terms relating to bonding or other matters that the court finds proper. A stay may not be granted or continued if the court finds that it is against the public interest. (c) A person who violates AS 18.70.095, as that section relates to carbon monoxide detection devices, is guilty of a violation. In this subsection, "violation" has the meaning given in AS 11.81.900. Sec. 18.78.118. - 18.78.148. fire Escapes. [Repealed, Sec. 1 ch 13 SLA 1971]. Repeated or Renumbered Article 02. MUTUAL FIRE AID AGREEMENTS Sec. 18.70.150. Adoption of mutual fire aid agreements. A city, other incorporated entity, and other fire protection groups may organize a mutual -aid program by adopting an ordinance or resolution authorizing and permitting their fire department, fire company, emergency relief squad, fire police squad, or fire patrol to go to the aid of another city, incorporated entity, or fire protection group, or territory outside of it. White extending aid under this section and AS 18.70.160 the fire department, company, squad, or patrol has the same privileges and immunities it possesses when it performs the same functions in its own area. The ordinance or resolution may authorize the heads of the fire department to extend aid, subject to conditions and restrictions prescribed in the ordinance or resolution. Sec. 18.70.160. Agreement not to affect insurance rates or Liability. An agreement made under AS 18.70.150 and this section shall be carried out in a manner that does not raise insurance rates. An agreement may not reduce the Liability of an insurance company in case of Loss durinc the absence of fire services personnel and equipment. Sec. 18.76.380. [Renumbered as AS 18.78.9667. Repeated or Renumbered Article 03. ALASKA FIRE STANDARDS COUNCIL Sec. 18.76.316. Hazardous chemicals, maceriaLs, and wastes placards. [Repealed, Sec. 15 ch 71 SLA 1997]. Repeated or Renumbered Sec. 18.70.320. Policy. Contract No�t�YO'2e�Up�afe To The �uil�ing�nspection Program Memoran... 12/1812017 P 9 Page 205 of 424 Alaska Statutes 2016 AGEW A9M #A.4. Any construction camp, Logging camp, cannery, or oil or mining camp that has buildings not in a fire department service area in which persons are housed in dormitories or similar facilities shall be equipped with an automatic fire detection system in that portion of the building used for Living or sleeping purposes. In this section, "automatic fire detection system" means a type of automatic fire detection system approved by the state fire marshal. Sec. 18.70.084. Standard fire hose and hydrant threads required. ALL fire protection equipment to be purchased by state and municipal authorities, or any other authority having charge of public property, shall be equipped with national standard fire hose threads for fire hose couplings and hydrant fittings as adopted by the state fire marshal under AS 18.70.080. Sec. 18.70.085. Sale of nonstandard equipment. A person may not sell or offer for sale in this state any fire engine, fire hose, hydrant, or other equipment for fire protection purposes unless the equipment is fitted and equipped according to minimum standards adopted by the state fire marshal under AS 18.70.080. Fire equipment for special purposes or research programs, or special features of fire protection equipment found appropriate for uniformity within a particular protection area, may be exempted from this requirement by the state fire marshal. Sec. 18.70.090. Enforcement authority. The Department of Public Safety and the chief of each fire department recognized under regulations adopted by the Department of Public Safety, and their authorized representatives in their respective areas, may enforce the regulations adopted by the Department of Public Safety for the prevention of fire or for the protection of Life and property against fire or panic. ALL state peace officers may assist the Department of Public Safety in the enforcement of AS 18.70.010 - 18.70.100 and the regulations adopted under those sections. The authority conferred in AS 18.70.010 - 18.70.100 extends to the enforcement of the provisions of AS 11.46.400 - 11.46.430. Sec. 18.70.095. Smoke and carbon monoxide detection devices. (a) Smoke detection devices shalt be installed and maintained in all dwelling units in the state, and carbon monoxide detection devices shall be installed and maintained in all qualifying dwelling units in the state. The smoke detection devices must be of a type and shall be installed in a manner approved by the state fire marshal. The carbon monoxide detection devices must have an alarm and shalt be installed and maintained according to manufacturers' recommendations. (b) In a dwelling unit occupied under the terms of a rental agreement or under a month-to-month tenancy, (1) at the time of each occupancy, the Landlord shall provide smoke detection devices and, if the dwelling unit is a qualifying dwelling unit, carbon monoxide detection devices; the devices must be in working condition, and, after notification of any deficiencies by the tenant, the Landlord shall be responsible for repair or replacement; and (2) the tenant shall keep the devices in working condition by keeping charged batteries in battery-operated devices, if possible, by testing the devices periodically, if possible, and by refraining from permanently disabling the devices. (c) If a landlord did not know and had not been notified of the need to repair or replace a smoke detection device or a carbon monoxide detection device, the landlord's failure to repair or replace the device may not be considered as evidence of negligence in a subsequent civil action arising from death, property loss, or personal injury. http://www.legis.state.ak.us/basis/statutes.asp 12/18/2017 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 206 of 424 Alaska Statutes 2016 AGEME9A4MM #A.4. emergency; (2) order a person to leave a building or place in the vicinity of a fire or emergency, for the purpose of protecting the person from injury; (3) blockade a public highway, street, or private right-of-way temporarily while at the scene of a fire or emergency; (4) trespass upon property at or near the scene of a fire or emergency at any time of the day or night; (5) enter a building, including a private dwelling, or premises where a fire is in progress, or where there is reasonable cause to believe a fire is in progress, to extinguish the fire; (6) enter a building, including a private dwelling, or premises near the scene of a fire for the purpose of protecting the building or premises or for the purpose of extinguishing the fire that is in progress in another building or premises; (7) upon 24-hour notice to the owner or occupant, conduct a prefire planning survey in all buildings, structures, or other places within the municipality or the registered fire department's district, except the interior of a private dwelling, where combustible material is or may become dangerous as a fire menace to the building; (8) direct the removal or destruction of a fence, house, motor vehicle, or other thing judged necessary to prevent the further spread of a fire. (b) An owner or occupant of a building or place specified in this section or any other person on the site of a fire or other fire department emergency who refuses to obey the order of a fire officer of a municipal or registered fire department in the exercise of official duties is guilty of a misdemeanor, and upon conviction, is punishable by imprisonment for one year, or by a fine of not more than $1,000, or by both. (c) In this section, (1) "emergency" means a situation in which the services of fire department personnel are necessary or appropriate to protect Life, property, or public health; (2) "prefire planning survey" means a limited inspection for the purpose of preparing a fire attack plan in the event of a future emergency. Sec. 18.70.080. Regulations. (a) The Department of Public Safety shall adopt regulations for the purpose of protecting Life and property from fire and explosion by establishing minimum standards for (1) fire detection and suppression equipment; (2) fire and Life safety criteria in commercial, industrial, business, institutional, or other public buildings, and buildings used for residential purposes containing four or more dwelling units; (3) any activity in which combustible or explosive materials are stored or handled in commercial quantities; (4) conditions or activities carried on outside a building described in (2) or (3) of this subsection likely to cause injury to persons or property. (b) The commissioner of public safety may establish by regulation and the department may charge reasonable fees for fire and Life safety plan checks made to determine compliance with regulations adopted under (a)(2) of this section. Sec. 18.70.081. Approval of fire protection systems. Before October 30 of each year, the Department of Public Safety shall prepare and make available a List of approved fire protection systems to the Department of Commerce. Community, and Economic Development and the public. Sec. 18.70.082. Remote housing facilities. Contract No�t�� L��v.J2e� st�aTe To The W,181n elnsppection Program Memoran... 12/18/2017 P 9 P 9 Page 207 of 424 Alaska Statutes 2016 AGEk5� HM #A.4. Article 01. PREVENTION AND INVESTIGATION Chapter 18.70 FIRE PROTECTION Sec. 18.70.010. General function of Department of Public Safety with respect to fire protection. The Department of Public Safety shalt foster, promote, regulate, and develop ways and means of protecting Life and property against fire, explosion, and panic. Sec. 18.70.020. Duties of Department of Public Safety. The Department of Public Safety shall Cl) aid in the enforcement of all Laws and ordinances and the regulations adopted under AS 18.70.010 - 18.70.100 and all other laws relating to fires or to fire prevention and protection; (2) encourage the adoption of fire prevention measures by means of education; (3) prepare or have prepared for dissemination information relating to the subject of fire prevention and extinguishment; and (4) administer the state fire -service training program, including the administration of grants for fire -service training. Sec. 18.70.030. Investigation of fires resulting from crime. If there is reason to believe that a fire has resulted from crime or that crime has been committed in connection with a fire, the Department of Public Safety shall report that fact in writing to the district attorney of the judicial district in which the fire occurred. If the fire occurred in an incorporated city with a regularly organized fire department, the investigation and report shall be made in conjunction with the fire official of that area. Sec. 18.70.040. Cooperation with fire insurance companies. The Department of Public Safety may assist, receive assistance from, and otherwise cooperate with an investigator or agent employed by a fire insurance company licensed to do business in the state, or with an investigator or agent employed by an association of insurance companies Licensed to do business in the state. Sec. 18.70.050. Power of department to inspect buildings. The Department of Public Safety may enter any building subject to regulation under AS 18.70.080 during reasonable hours for the sole purpose of inspecting the property or abating a fire hazard. Sec. 18.70.060. Removal of property from fire. During a fire and in the absence of the owner or claimant, the Department of Public Safety may protect personal property affected by removing it. If the owner or claimant does not take charge of the property within 24 hours the Department of Public Safety may store it at the owner's or claimant's expense. Sec. 18.70.070. Abatement of fire hazards. The Department of Public Safety may require the owner of a commercial business or public property to abate a fire hazard that exists in violation of law or regulations, and the Department of Public Safety may take appropriate action to assure abatement. Sec. 18.70.075. Authority of fire department officers; penalty. (a) A fire officer of a municipal fire department or a fire department registered with the state fire marshal, while providing fire protection or other emergency services, has the authority to (1) control and direct activities at the scene of a fire or http://www.legis.state.ak.us/basis/statutes.asp 12/18/2017 Contract No. FY2018-21 Update To The Building Inspection Program Memoran... Page 208 of 424 AGENDA ITEM #B.1. KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 21, 2017 w' ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2018-21 A Joint Resolution Of The Kodiak Island Borough Assembly And City Of Kodiak Council Documenting The Kodiak Fisheries Work Group's Scope And Authority. ORIGINATOR: Laurie Pardoe RECOMMENDATION: Move to adopt Resolution No. FY2018-21. DISCUSSION: The Kodiak Fisheries Work Group (KFWG) is recommending the following changes to the existing KFWG Scope and Authority: 1. Changing the composition of KFWG from 6 to 4 representatives (2 from the City and 2 from the Borough). 2. Removing the City and Borough managers as ex -officio members. 3. Changing the quorum requirement to three and allowing teleconference participation of members per Ordinance adopted. (Assuming that the existing Assembly ordinance for teleconferencing will be followed). 4. Removing the requirement to take notes/summary. Instead, meetings will be recorded and such audio recordings will be posted on the website. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2018-21 A Joint Resolution Of The Kodiak Island Borough... Page 209 of 424 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 AGENDA ITEM #8.1. VERSION 2 Introduced by: KIB Assembly CORRECTED LINES VER Drafted by: KFWG Introduced on: 12/21/2017 Adopted on KODIAK ISLAND BOROUGH RESOLUTION NO. FY2018-21 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE KODIAK FISHERIES WORK GROUP SCOPE AND AUTHORITY WHEREAS, it is in Kodiak's best interests for its City and Borough governments to be well Informed regarding the potential impacts of state and federal fishery management actions on the Kodiak community; and WHEREAS, the Kodiak City Council and the Kodiak Island Borough Assembly have determined that a Kodiak Fisheries Work Group can provide valuable assistance to the City Council and Borough Assembly by Identifying fishery management actions that could affect Kodiak. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH by the Kodiak Island Borough Assembly that this resolution hereby amends the Kodiak Fisheries Work Group Scope and Authority. BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the following amendments are adopted: 1. Membership. The Kodiak Fisheries Work Group (work group) shall be composed of three two representatives from the Kodiak City Council and three two representatives from the Kodiak Island Borough. 2. Organization. The work group shall designate two co-chairs at the first meeting of the calendar year and shall hold at least one meeting monthly. The co-chairs shall alternate presiding at the meetings. The Gity FRanageF, 139FOUgh manageF, and the fisheries analyst shall serve as an ex -officio, non-voting members of the work group. 3. Purpose, Scope, and Authority. a. Focus on overall impacts to the community and maintenance and growth of revenue streams. b. Understand how various approaches will fundamentally impact fisheries and resources. c. Frame benchmarks and objectives as positive statements. d. Refrain from taking positions on allocation questions to the extent possible while understanding that many issues and decisions will have allocation Implications. e. Focus on broad -scale program features unless specific program elements threaten the goals for management programs as referenced within Resolution No. FY2013-10 of the Kodiak Island Borough. Kodiak Island Borough, Alaska Version 2 Resolution No. FY2018-21 Page 1 of 2 Resolution No. FY2018-21 A Joint Resolution Of The Kodiak Island Borough... Page 210 of 424 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 AGENDA ITEM #B. 1. f. Kodiak Fisheries Work Group will review the Kodiak Fisheries Analyst/Consultant written quarterly monthly reports including background materials and analysis for fisheries issues of importance to the community pursuant to the contractual report schedule. Administrative assistance. The City and Borough Clerk's office staff shall: a. Furnish the work group with copies of all requested documents and other information necessary or reasonably related to the work group's functions; b. Provide the work group with supplies, meeting space, and secretarial assistance; c. Refer to the work group, for their discussion, all nonemergency matters within the scope of its powers and duties prior to presenting those matters to the assembly for action; and d. Transmit all recommendations and other communications from the work group to the Council and Assembly. 5. Consensus/Quorum. The affirmative votes of four-( three 3 work group members shall be required for a quorum and to build consensus of the work group. Consensus shall be given at a public meeting of the work group. Telegonferenge-oartisioation3hait4be4stablished bµ --ordinance. Work croup members may participate telephonically in meetinas. provided such Darticioation is allowed by the ordinances and rules of their respective overning bodies 6. Agenda. The co-chairs and the fisheries analyst shall determine items for the agenda. No business may be transacted nor any measure be considered that is not on the agenda. The clerk shall prepare an agenda and it shall be distributed to work group members, along with the meeting packet, one week prior to the regular meeting. 7. Meeting Notes/Summary Recording. b Bufleted-Rates -shall ,�e takeA-apA-shall be filed as part of the meets^^ ^^^k^'. The meeting shall be recorded and posted on the website. 8. Reporting. Work group members who are unable to attend a meeting shall advise the staff clerk of the contemplated absence to maximize attendance and participation of members at these meetings. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Version 2 2017. ATTEST: Nova M. Javier, MMC, Clerk Resolution No. FY2018-21 Page 2 of 2 Resolution No. FY2018-21 A Joint Resolution Of The Kodiak Island Borough... Page 211 of 424 AGENDA ITEM #8.1. CITY OF KODIAK RESOLUTION NUMBER xxxx A JOINT RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK AND THE KODIAK ISLAND BOROUGH RESCINDING CITY RESOLUTION NO. 2013- 2017 AND DOCUMENTING THE KODIAK FISHERIES WORK GROUP'S SCOPE AND AUTHORITY WHEREAS, it is in Kodiak's best interests for its City and Borough governments to be well informed regarding the potential impacts of stale and federal fishery management actions on the Kodiak community; and WHEREAS, the Kodiak City Council and the Kodiak Island Borough Assembly have determined that a Kodiak Fisheries Work Group can provide valuable assistance to the City Council and Borough Assembly by identifying fishery management actions that could affect Kodiak. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kodiak, Alaska, that t''s - - j, Resolution No. 201.1-2017 Is heretic rescinded and the Kudlak Fisheries Work Group Is re-established as follows: 1. Membership. The Kodiak Fisheries Work Group (work group) shall be composed of 4 iw_p representatives from the Kodiak City Council and three two representatives from the Kodiak Island Borough. 2. Organization. The work group shall designate two co-chairs at the first meeting of the calendar year and shall hold at least one meeting monthly. The co-chairs shall alternate pre- siding at die meetings. The ei!5, _._....___ b___..gh _....____ slid n... fisheries analyst shall serve as an ex -officio, non-voting members of the work group. 3. Purpose, Scope, and Authority. a. Focus on overall impacts to the community and maintenance and growth of revenue shams. b. Understand how various approaches will fundamentally impact fisheries and resources. c. Frame benchmarks and objectives as positive statements. it. Refrain from taking positions on allocation questions to the extent possible while under- standing that many issues and decisions will have allocation implications. e. Focus on broad -scale program features unless specific program elements threaten the goals for management programs as referenced within Resolution No. 2012-31 of the City of Kodiak. Resoiati.r Na.:ssx PoLe I of 2 Resolution No. FY2018-21 A Joint Resolution Of The Kodiak Island Borough... Page 212 of 424 f Kodiak Fisheries Work Group will review the Kodiak Fisheries Analyst/Consultant writ. ten gomieelg- ulrl nihlYmports including background materials and analysis for fisheries issues of importance to the community pursuant to the contractual report schedule. 4. Administrative assistance. The City and Borough Clerk's office staff shall: a. Fumish the work group with copies of all requested documents and other information necessary or reasonably related to the work group's functions; b. provide the work group with supplies, meeting space, and secretarial assistance; c. Refer to the work group, for their discussion, all nonemergency matters within the scope of its powers and duties prior to presenting those ntmers to the assembly for action; and d. Transmit all mcommendatians and other communications from the work group to the Council and Assembly. 5. Consenam/ uorum. The offirmative votes of fauf+44gbrecL11 work group members shall be inquired for a Quorum and to build consensus of the work group. Consensus shall be given at a public meeting of the work group. Teleconference participation shall be established by ordinance. 6. Agenda. The co-chairs and the fisheries analyst shall determine items for the agenda. No business may be transacted nor any measure be considered that is not an the agenda The clerk shall prepare an agenda and it shall be distributed to work group members, along with the meeting packet, one week prior to the regular meeting. 7. Meeting NetcsFgummaryNecordine. pem a Phe meeting paeka The meeting shall be recorded and Posted on the website. S. Reporting. Work group members who arc unable to attend a meeting shall advise the staff clerk of the contemplated absence to maximize attendance and participation of members at these meetings. CITY OF KODIAK ATTEST: CITY CLERK Adapted: Rhautudnn No. xxxx Hao 2 of 2 MAYOR AGENDA ITEM #8.1. Resolution No. FY2018-21 A Joint Resolution Of The Kodiak Island Borough... Page 213 of 424 AGENDA ITEM #8.1. CITY OF KODIAK ORDINANCE NUMBER 1361 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KODIAK ENACTING KODIAK CITY CODE 2.04.160, TELECONFERENCE PARTICIPATION IN MEETINGS WHEREAS, the City of Kodiak desires to permit elected and/or appointed officials (City official(s)) to participate telephonically in work sessions and other committee/board meetings comprised of City officials; and WHEREAS, the City of Kodiak desires to permit the public to call into regular and special meetings to provide for public comments and testimony at public hearings at the time those items appear on the agenda; and WHEREAS, the City of Kodiak desires to permit guest speakers appearing on the agenda to call in to work sessions, regular, and special meetings when they cannot attend in person; and WHEREAS, it is necessary to amend the Kodiak City Code to provide for participation via teleconference as stated herein. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kodiak, Alaska, as follows: Section 1: Kodiak City Code 2.04.160, Teleconference Participation in Meetings, is hereby enacted to read as follows: 2.04.160 Teleconference participation in meetings (a) Teleconference participation by City officials in regular, special, or emergency meetings of the City Council is not permitted. (b) Teleconference participation by City officials at City Council work sessions and committee/board meetings is permitted for the convenience of City officials who are unable to attend in person due to: (1) An illness or injury of the City official or family member. (2) The death of a family member. (3) An employment-related commitment. (4) A commitment for city business. (5) An out-of-town commitment that prevents the City official from attending in person. (c) A City official participating by teleconference shall, while actually on the teleconference, be deemed to be present at the meeting for all purposes and shall make every effort to participate in the entire meeting. (d) If the Mayor participates telephonically in work sessions, the Deputy Mayor, if present, or another Councilmember physically present and designated by consensus shall preside over and perform functions of the Mayor at the meeting, if applicable. Ordinance No. 1361 Page 1 of 3 Resolution No. FY2018-21 A Joint Resolution Of The Kodiak Island Borough... Page 214 of 424 AGENDA ITEM #8.1. (e) Prior to the meeting reasonable efforts will be made to ensure that the City official participating by teleconference is provided with the meeting agenda and other pertinent documents to be discussed and/or acted upon; access to the agenda and documents from the city's website will be considered sufficient access. (f) Teleconference participation by the public for public comments and testimony at public hearings or scheduled guest speakers for a specific agenda item is permitted at regular and special meetings when teleconference equipment is available. (g) Teleconference participation by guest speakers at work sessions is permitted when teleconference equipment is available. (g) "Teleconference" means a method used for remote participation by a City official for a work session or committee meeting of the City Council that must enable the remote City official, for the duration of the meeting, to clearly hear and to be clearly heard by the Mayor, all Council members, staff, and public giving testimony. It also means a method used for remote participation by members of the public, guest speakers, and appointed committee/board members as provided herein. (h) Teleconference procedures for City officials: (1) Notification of City officials to the City Clerk prior to publication of the meeting agenda of his or her request to participate in the meeting by telephonic means is required. If notice is not provided prior to publication of the meeting agenda, telephonic participation shall not be allowed. Prior to the meeting the City Clerk shall notify other City officials of those participating by teleconference. (2) The Mayor and up to the first three Councilmembers who notify the City Clerk prior to the meeting agenda being published may participate by teleconference as long as three elected officials are present at the work session. If three elected officials are not present at a City work session, the meeting shall be adjourned and rescheduled. (3) The City Clerk shall open a teleconference connection at least three minutes prior to the start of the meeting. After a telephonic connection is established and it is time for the meeting to commence, the Mayor, or person presiding over the meeting, shall call the meeting to order. (4) City officials may attend a maximum of four City Council work sessions and additional specific committee meetings by teleconference during a 12 -month period commencing January 1 each year. (5) City officials shall not incur communication charges for their participation by teleconference. (i) Teleconference procedures for members of the public: (1) If teleconference equipment is available at the meeting location, members of the public shall call the published phone number to provide public comments and testimony at public hearings at regular and special meetings during the time the agenda item is being heard. The time allotted for public comments per speaker is published on the agenda and may be changed if authorized by the Mayor. Ordinance No. 1361 Page 2 of 3 Resolution No. FY2018-21 A Joint Resolution Of The Kodiak Island Borough... Page 215 of 424 AGENDA ITEM #8.1. Section 2: This ordinance shall be effective one month after its final passage and publication in accordance with Kodiak Charter Section 2-13. CITY OF KODIIjAK( � i MAYOR ATTEST: ` �{•'.I � �+ CITY CLERK First Reading: February 9, 2017 Second Reading: February 28,2017 Effective Date: April 8, 2017 Ordinance No. 1361 Page 3 ora Resolution No. FY2018-21 A Joint Resolution Of The Kodiak Island Borough... Page 216 of 424 AGENDA ITEM #B. 1. 2.30.020 General rules. A. Public Meetings. All official meetings of the assembly shall be open to the public. The Journal of proceedings shall be open to public Inspection. B. Quorum. Four members of the assembly shall constitute a quorum. Attendance of assembly members shall be in person and may not be by teleconference, except for work sessions and emergency meetings. In the event of an emergency meeting, the provisions set in AS 44.62.310 shall be followed. C. Absences. No member of the assembly may absent himself from any regular or special meeting of the assembly except for good cause. An assembly member who Is unable to attend a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, 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. D. Rules of Order. "Robert's Rules of Order Current Edition" shall govern the proceedings of the assembly in all cases, unless they are in conflict with these rules. When such a conflict exists, this chapter prevails. Resolution No. FY2018-21 A Joint Resolution Of The Kodiak Island Borough... Page 217 of 424 AGENDA ITEM #B. 1. 1 Introduced by: KIB Assembly 2 CORRECTED VERSION 2 Drafted by: KFWG 3 LINES 62-64 Introduced on: 12/21/2017 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2018-21 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE 10 KODIAK FISHERIES WORK GROUP SCOPE AND AUTHORITY 11 12 WHEREAS, it is in Kodiak's best interests for its City and Borough governments to be well 13 informed regarding the potential impacts of state and federal fishery management actions on the 14 Kodiak community; and 15 16 WHEREAS, the Kodiak City Council and the Kodiak Island Borough Assembly have determined 17 that a Kodiak Fisheries Work Group can provide valuable assistance to the City Council and 18 Borough Assembly by identifying fishery management actions that could affect Kodiak. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 21 BOROUGH by the Kodiak Island Borough Assembly that this resolution hereby amends the 22 Kodiak Fisheries Work Group Scope and Authority. 23 24 BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that 25 the following amendments are adopted: 26 27 1. Membership. The Kodiak Fisheries Work Group (work group) shall be composed of three 28 two representatives from the Kodiak City Council and -three two representatives from the 29 Kodiak Island Borough. 30 31 2. Organization. The work group shall designate two co-chairs at the first meeting of the 32 calendar year and shall hold at least one meeting monthly. The co-chairs shall alternate 33 presiding at the meetings. The GityfaaaageF bereu gh maRageF, and t fisheries analyst shall 34 serve as an ex -officio, non-voting members of the work group. 35 36 3. Purpose, Scope, and Authority. 37 a. Focus on overall impacts to the community and maintenance and growth of revenue 38 streams. 39 b. Understand how various approaches will fundamentally impact fisheries and resources. 40 c. Frame benchmarks and objectives as positive statements. 41 d. Refrain from taking positions on allocation questions to the extent possible while 42 understanding that many issues and decisions will have allocation implications. 43 e. Focus on broad -scale program features unless specific program elements threaten the 44 goals for management programs as referenced within Resolution No. 2012-31 of the City 45 of Kodiak. Kodiak Island Borough, Alaska Resolution No. FY2018-21 Vg rsipn 2 Page 1 of 2 Resolution N;. KT 8-21 A Joint Resolution Of The Kodiak Island Borough... Page 218 of 424 AGENDA ITEM #B. 1. 46 f. Kodiak Fisheries Work Group will review the Kodiak Fisheries Analyst/Consultant written 47 qua4er4y monthly reports including background materials and analysis forfisheries issues 48 of importance to the community pursuant to the contractual report schedule. 49 50 4. Administrative assistance. The City and Borough Clerk's office staff shall: 51 a. Furnish the work group with copies of all requested documents and other 52 information necessary or reasonably related to the work group's functions; 53 b. Provide the work group with supplies, meeting space, and secretarial assistance; 54 c. Refer to the work group, for their discussion, all nonemergency matters within the 55 scope of its powers and duties prior to presenting those matters to the assembly 56 for action; and 57 d. Transmit all recommendations and other communications from the work group to 58 the Council and Assembly. 59 60 5. Consensus/Quorum. The affirmative votes of feur-( three 31 work group members shall 61 be required for a quorum and to build consensus of the work group. Consensus shall be given 62 at a public meeting of the work group. tiersha1I-4)e-estab4shed 63 13V W #manse. Work group members may participate telephonically in meetings. 64 provided such participation is allowed by the ordinances and rules of their respective 65 governing bodies. 66 67 6. Agenda. The co-chairs and the fisheries analyst shall determine items for the agenda. No 68 business may be transacted nor any measure be considered that is not on the agenda. The 69 clerk shall prepare an agenda and it shall be distributed to work group members, along with 70 the meeting packet, one week prior to the regular meeting. 71 72 7. Meeting Netes/SarnraaFy Recording. B IlAtA' RAtAR ^hA" be `AkAR RRd shell be Filed 73 part ^"h^ Fne8t!Rg ^^^k^G The meeting shall be recorded and posted on the website. 74 75 8. Reporting. Work group members who are unable to attend a meeting shall advise the staff 76 clerk of the contemplated absence to maximize attendance and participation of members at 77 these meetings. 78 79 80 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 81 THIS DAY OF 2017. 82 83 KODIAK ISLAND BOROUGH ATTEST: 84 85 86 87 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 88 89 VOTES: 90 Ayes: 91 Noes: Kodiak Island Borough, Alaska Resolution No. FYg2018-21 Resolution N VAY2018 21 A Joint Resolution Of The Kodiak Island Borough... Page 219 of 4 4of 2 AGENDA ITEM #8.2. KODIAK ISLAND BOROUGH STAFF REPORT I DECEMBER 21, 2017 ASSEMBLY REGULAR MEETING 'elf SUBJECT: Resolution No. FY2018-17 Extending The Lease For The Providence Kodiak Island Counseling Center To Allow Adequate Time To Negotiate And Sign A New 3 -Year Lease. ORIGINATOR: Maggie Slife RECOMMENDATION: Move to adopt Resolution No. FY2018-17. DISCUSSION: The Kodiak Island Borough Attorney issued an opinion stating that Leases of Kodiak Island Borough buildings are considered disposals under Alaska State Law. According to Kodiak Island Borough Code 18.20.020, all land/property disposals are subject to review and recommendation from the Planning and Zoning Commission. To comply with the interpretation of Legal Counsel and Kodiak Island Borough code, all 'disposals by lease' must go before Planning and Zoning for public hearing before they go before the Kodiak Island Borough Assembly for approval by resolution. That said, Planning and Zoning Commission has a single meeting left in the 2017 Calendar Year on December 20, with agenda items due November 1 at 5 PM. The Providence Kodiak Island Counseling Center lease will expire December 31, 2017, and there is not sufficient time to comply with Kodiak Island Borough Code and sign a new lease. This resolution is necessary to allow Staff time to sign a new lease in full compliance with KIB Code. An extension to March 31, 2018 should allow sufficient time to go through the Planning and Zoning approval process and full Kodiak Island Borough Assembly approval. ALTERNATIVES: Take no action. FISCAL IMPACT: None. OTHER INFORMATION: Kodiak Island Borough Resolution FY2018-17 Extending The Lease For The Providence Kodiak Islan... Page 220 of 424 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 46 AGENDA ITEM #B.2. Introduced by: KIB Manager Drafted by: Resource Management Introduced on: 12/21/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2018-17 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH EXTENDING THE LEASE FOR THE PROVIDENCE KODIAK ISLAND COUNSELING CENTER TO ALLOW ADEQUATE TIME TO NEGOTIATE AND SIGN A NEW 3 -YEAR LEASE. WHEREAS, Providence and Kodiak Island Borough entered into a Lease Agreement dated January 2, 1998, and amended April 21, 2017 in which Providence leased Building A, and Apartments A -G, Building B and Apartments H -M Lot 5A -1A Military Reserve USS 2538, colloquially known as the "mental health buildings." Providence uses that space to operate Providence Kodiak Island Counseling Center (PKICC); and WHEREAS, the parties recently extended that lease for KIB to complete negotiating a new 3 - year lease for PKICC, but will need more time to comply with approval processes as outlined in the Kodiak Island Borough Code; and WHEREAS, extending existing lease until February 28, 2018 should allow sufficient for the KIB and PKICC to complete negotiations on a new 3 -year lease for the facilities and put the lease through Planning and Zoning as well as KIB Assembly approval. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: Lease Amendment 3 to Contract No. FY1997-07D-3 of the Providence Kodiak Island Counseling Center to Providence Health and Services -Washington dba Providence Kodiak Island Counseling Center, a Washington non-profit corporation is hereby approved; and Section 2: The Manager, or his designee is authorized to execute the Lease Amendment and all other documents required for the completion of this agreement. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: ATTEST: Nova M. Javier, MMC, Clerk Kodiak Island Borough, Alaska Resolution No. FY2018-17 Page 1 of 1 Resolution FY2018-17 Extending The Lease For The Providence Kodiak Islan... Page 221 of 424 AGENDA ITEM #B.2, THIS AMENDMENT NO.3 TO LEASE AGREEMENT ("Amendment") is entered into as of December 31, 2017, by and between Providence Health & Services -Washington (formerly known as Sisters of Providence in Washington and Providence Health System -Washington) dba Providence Kodiak Island Counseling Center ("Providence"), and Kodiak Island Borough ("Landlord"). Providence and Landlord are sometimes referred to in this Amendment as a "Party" or, collectively, as the "Parties." RECITALS A. Providence and Landlord entered into that certain Lease Agreement dated January 2, 1998, and amended April 21, 2017 ("Lease") pursuant to which Providence leased certain space from Landlord. Providence uses that space to operate Providence Kodiak Island Counseling Center (PKICC). B. The parties recently extended that certain lease for PKICC to complete negotiating a new 3 -year lease for PKICC, but will need more time to comply with approval processes as outlined in the Kodiak Island Borough Code. C. The Parties wish to extend the term of the existing PKICC lease until March 31, 2018 to allow time to negotiate, approve, and sign a new lease for PKICC in compliance with property disposal requirements set forth in Kodiak Island Borough Code. AMENDMENT THE PARTIES AGREE AS FOLLOWS: 1. Extension of Term. Subject to the Parties' respective termination rights as set forth in the Lease, the term of the Lease is hereby extended through March 31, 2018. 2. Capitalized Terms. All capitalized terms in this Amendment shall have the same meaning given to such terms in the Lease unless otherwise specified in this Amendment. 3. Continuation of Lease. Except as specifically amended pursuant to the foregoing, the Lease shall continue in full force and effect in accordance with the terms in existence as of the date of this Amendment. After the date of this Amendment, any reference to the Lease shall mean the Lease as amended by this Amendment. The Parties have executed this Amendment on the date first above written. PROVIDENCE Providence Health & Services - Washington dba Providence Kodiak Island Medical Center By Bruce Lamoureux Its SVP and Alaska Region Chief Executive LANDLORD Kodiak Island Borough By Michael Powers Its Manager Resolution FY2018-17 Extending The Lease For The Providence Kodiak Islan... Page 222 of 424 AGENDA ITEM #B.3. SUBJECT: Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Killarney Hills Subdivision, Surplus To Public Need, Approving Disposal Of These Properties Upon Adoption Of A Master Plan And Authorizing Staff To Undertake The Preparation Of A Master Plan. ORIGINATOR: Maggie Slife RECOMMENDATION: Move to adopt Resolution No. FY2018-18. DISCUSSION: The Kodiak Island Borough purchased Killarney Hills Tract R-1 from the Catholic Archdiocese of Alaska in 1986 for the fair market value price of $510,250.00. The intent with purchasing the land was for use as either a hospital site, middle school site, or residential development If either of the other two uses were to fall through. Improvements to the land included fill and leveling. After deciding not to construct a hospital or middle site at Tract R-1, the parcel lay vacant but zoned R2. The zoning designation reflects the 1983 opinion of the consulting real estate appraiser that if a hospital or school were not to constructed, the area would be best suited for residential development. In 1998, prior to the construction of the Dark Lake Field, the City of Kodiak erected two backstops and sets of baseball bases for the Kodiak Little League Machine pitch league. In 2000/2001 with the formation of the Kodiak Football League, the City of Kodiak Parks and Rec placed additional fill between the two baseball diamonds and connected the outfield areas to form a large grassy field. When Baranof Park went under construction in 2012 to replace the track and install astro-turf on the Infield, the Killarney Hills Field was designated the temporary home for sports requiring Intensive field use. The Kodiak Island Borough financially partnered with the City of Kodiak funded an effort to crown the Killarney Hills Field to improve field drainage and allow uncontrolled runoff from the field. Baranof Field was completed and opened in 2014. Since then, the Killarney Hills Field has continued to be used by the Kodiak High School sports teams as well as numerous City of Kodiak Parks and Rec groups, with user -ship dominated seasonally by Kodiak Football League and Kodiak High School sports. The piecemeal development of Killarney Hills Field was never subjected to public interest findings, environmental and regulatory permitting, public process and commentary, master -planning, economic studies, city-wide Parks and Recreation development plans, or any of the standard processes we subject borough citizens or private development/construction projects to. The Feld currently exists illegally without a valid zoning compliance permit for the facility. Original plans for the parcel involved direct access off of Rezanof Drive. This access has never been constructed, nor have any parking areas, controlled traffic accesses, pedestrian routes, or traffic safety measures implemented on the property. The field was not engineered or installed with an engineered drainage plan,nor have there been engineering or safety studies related to field appurtenances. A US Army Corps of Engineers Nationwide Permit was issued to Kodiak Island Borough on 14 May 1987 allowing placement of fill within 2 acres of the —17 acre tract pursuant to the construction of a hospital. Since no hospital was ever constructed, and no other USACOE permit has been issued, the development and construction of the Woody Way ball field was illegal under KIB Code, as well as a Federal Wetlands Protection standpoint. Future development of Killarney Hills should comply with all state, municipal, and federal regulations. Killarney Hills has undergone wetlands mapping, and the current field location is atop designated wetlands. Engineering design concerns related to the parcel in 1986 recommended engineered drainage design for any development on the property. Kodiak Island Borough Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Kil... Page 223 of 424 KODIAK ISLAND BOROUGH STAFF REPORT v�ut DECEMBER 21, 2017 ao: ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Killarney Hills Subdivision, Surplus To Public Need, Approving Disposal Of These Properties Upon Adoption Of A Master Plan And Authorizing Staff To Undertake The Preparation Of A Master Plan. ORIGINATOR: Maggie Slife RECOMMENDATION: Move to adopt Resolution No. FY2018-18. DISCUSSION: The Kodiak Island Borough purchased Killarney Hills Tract R-1 from the Catholic Archdiocese of Alaska in 1986 for the fair market value price of $510,250.00. The intent with purchasing the land was for use as either a hospital site, middle school site, or residential development If either of the other two uses were to fall through. Improvements to the land included fill and leveling. After deciding not to construct a hospital or middle site at Tract R-1, the parcel lay vacant but zoned R2. The zoning designation reflects the 1983 opinion of the consulting real estate appraiser that if a hospital or school were not to constructed, the area would be best suited for residential development. In 1998, prior to the construction of the Dark Lake Field, the City of Kodiak erected two backstops and sets of baseball bases for the Kodiak Little League Machine pitch league. In 2000/2001 with the formation of the Kodiak Football League, the City of Kodiak Parks and Rec placed additional fill between the two baseball diamonds and connected the outfield areas to form a large grassy field. When Baranof Park went under construction in 2012 to replace the track and install astro-turf on the Infield, the Killarney Hills Field was designated the temporary home for sports requiring Intensive field use. The Kodiak Island Borough financially partnered with the City of Kodiak funded an effort to crown the Killarney Hills Field to improve field drainage and allow uncontrolled runoff from the field. Baranof Field was completed and opened in 2014. Since then, the Killarney Hills Field has continued to be used by the Kodiak High School sports teams as well as numerous City of Kodiak Parks and Rec groups, with user -ship dominated seasonally by Kodiak Football League and Kodiak High School sports. The piecemeal development of Killarney Hills Field was never subjected to public interest findings, environmental and regulatory permitting, public process and commentary, master -planning, economic studies, city-wide Parks and Recreation development plans, or any of the standard processes we subject borough citizens or private development/construction projects to. The Feld currently exists illegally without a valid zoning compliance permit for the facility. Original plans for the parcel involved direct access off of Rezanof Drive. This access has never been constructed, nor have any parking areas, controlled traffic accesses, pedestrian routes, or traffic safety measures implemented on the property. The field was not engineered or installed with an engineered drainage plan,nor have there been engineering or safety studies related to field appurtenances. A US Army Corps of Engineers Nationwide Permit was issued to Kodiak Island Borough on 14 May 1987 allowing placement of fill within 2 acres of the —17 acre tract pursuant to the construction of a hospital. Since no hospital was ever constructed, and no other USACOE permit has been issued, the development and construction of the Woody Way ball field was illegal under KIB Code, as well as a Federal Wetlands Protection standpoint. Future development of Killarney Hills should comply with all state, municipal, and federal regulations. Killarney Hills has undergone wetlands mapping, and the current field location is atop designated wetlands. Engineering design concerns related to the parcel in 1986 recommended engineered drainage design for any development on the property. Kodiak Island Borough Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Kil... Page 223 of 424 AGENDA ITEM #B.3. KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 21, 7 ASSEMBLY REGULARLAR MEETING At the request of the Kodiak Island Borough Assembly, Staff is bringing forth this resolution to enter the master planning process for this land. The Resource Management Office, in cooperation with the Community Development Department proposes to put the Killarney Hills property through the master planning process. In order to demonstrate a sincere intention to develop this property to potential developers it is also necessary to find this R-2 zoned land surplus to the public need. The master planning process will allow a transparent and equal opportunity for community members, groups, and government agencies to examine and quantify the maximum utility of the Killarney Hills Tracts. Further, it will allow KIB to determine the necessary permitting requirements for any future modification to the property. We will look at the Comprehensive Plan, zoning, code compliance, wetlands constraints, utility availability and capacity, access points, traffic, transportation, park use, greater -scale lands availability Borough -wide, future KIB needs, and value of improved lots. The goal is to determine which combination of land use would provide maximum social and economic benefit to the community. The proposed master planning scope, schedule, and fee estimate are attached. The master planning process will take place on an accelerated schedule over the course of one year. The Community Development Department will be responsible for the development of a master plan, and pending adoption of the master plan will work with the Resource Management Office to let an RFP for a developer to create a development plan for the parcel based on the findings of the master plan. Details can be found in the attached project scope, project schedule, project budget, and project public involvement plan. ALTERNATIVES: Take no action. FISCAL IMPACT: Staff time for master planning process: $57,540.00 Materials: $5470 Project Budget attached. OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Kit... Page 224 of 424 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 46 47 48 49 AGENDA ITEM #B.3. Introduced by: Resource Management Requested by: Borough Assembly Drafted by: Resource Management Introduced on: 12/21/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2018-18 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DECLARING LOTS 11.14, BLOCK 4 AND TRACT R-2, KILLARNEY HILLS SUBDIVISION SURPLUS TO PUBLIC NEED AND APPROVING DISPOSAL OF THESE PROPERTIES BY CONTRACTED SALE UPON ADOPTION OF A MASTER PLAN. WHEREAS, The Kodiak Island Borough Resource Management Department has requested disposal of Lots 11-14, Block 4 and Tract R-2, Killarney Hills Subdivision; and WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed disposal of Borough land be reviewed by the Planning & Zoning Commission before submission to the Assembly; and WHEREAS, the Planning & Zoning Commission approved a master planning process to be undertaken for Lots 11-14, Block 4 and Tract R-2, Killarney Hills Subdivision at their May 18, 2016 regular meeting; and WHEREAS, the purpose of the master planning process is to develop a community plan for the permanent development of these lots; and WHEREAS, the master planning process allows the community to plan for the future use of this land and may include recreational, residential, and commercial uses; and WHEREAS, KIBC 18.20.120 (d) allows the Assembly to vote to dispose of land by contracted sale, for specified development with restrictions on development type, resale values, and proportions of mixed-use facilities consistent with the parameters to be outlined in the master planning process; and WHEREAS, on August 16, 2017, the Planning & Zoning Commission voted to recommend to the Borough Assembly adoption of Resolution No. FY2018-10, retaining Lots 11-14, Block 4 and Tract R-2, Killarney Hills Subdivision and declaring the parcel not surplus to the public need until adoption of a master plan; and WHEREAS, on October 5, 2017 the Kodiak Island Borough Assembly failed Resolution No. FY2018-10 and directed staff to draft a resolution declaring the parcels surplus, approving disposal, and directing Borough staff to restart the master planning process for the named parcels. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Kodiak Island Borough, Alaska Resolution No. FY2018-18 Page 1 of 2 Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Kil... Page 225 of 424 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 AGENDA ITEM #B.3. Section 1: The Kodiak Island Borough Assembly, in accordance with Title 18 of the Kodiak Island Borough Code, approves disposal of Lots 11-14, Block 4 and Tract R-2, Killarney Hills Subdivision. Section 2: The Kodiak Island Borough Assembly has determined, after a public hearing on November 16, 2017, that the aforementioned property is hereby surplus to the public's need. Section 3: The Kodiak Island Borough Assembly hereby directs Borough staff to restart a master planning process for Lots 11-14, Block 4 and Tract R-2, Killarney Hills Subdivision. Section 4: The aforementioned property should be disposed of by fair market value via direct sale pending adoption of a master plan for the property in accordance with KIBC 18.20.120(d). 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. FY2018-18 Page 2 of 2 Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Kil... Page 226 of 424 Memorandum AGENDA ITEM #B.3. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Date: October 30, 2017 To: Borough Assembly From: Community Development Department RE: Killarney Hills Master Planning Process Revised Detailed Scope The following is the current scope of work for the master planning process for Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision (Killarney Hills), as modified from its original version dated May 2016. Task 1—Data Collection and Analysis 1.1 Data Collection The purpose of the data collection task is to gather all existing data on factors that could play a significant role in determining how Killarney Hills may be developed in the future. This data will serve as a baseline and will be used to inform the analysis in Task 1.2. Comprehensive Plan The goals, objectives, and future land use designation identified in the Comprehensive Plan will serve as a foundation for this planning effort. Zoning Current zoning of the subject parcels, as well as other parcels in the vicinity will be identified and documented. Code compliance Current code compliance will be determined and both existing and future zoning options will be identified (e.g., R3, RSL, ADLI). Wetland constraints Wetlands exist on the property and must be taken into consideration when development plans are made. DOWL's wetland delineation will be reviewed. Utilities—availability and capacity Water and sewer will be contributing factors in determining developability of Killarney Hills. It will directly impact the intensity with which the land can be used. A general cost of Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Kil... Page 227 of 424 AGENDA ITEM #8.3. installing utilities in preparation for lands sales will be calculated for the 4, 6, and 9 lot scenarios that have been proposed. Access points Existing access points, permitted or otherwise, need to be documented for use in a high- level traffic analysis under Task 1.2. Location of access points will play a role in the configuration of lots within the unsubdivided tract and will need to be coordinated with Alaska DOTBPF and the City of Kodiak. Traffic/transportation Existing traffic information for the area will be compiled for consideration in Task 1.2. Existing and future traffic patterns and impacts will be analyzed at a very high level. Park use and information (KIB and City) This information will be collected to determine demand for sports fields on Tract R2, as well as other fields in the community. Land availability elsewhere for residential use (Borough Lands Committee) The Borough Lands Committee and Borough Resource Management Officer are examining this question. Future KIB needs The needs of the borough will be multi -pronged and will take into account issues such as housing, school construction, other municipal buildings, land sale revenue, etc. Value of improved lots The estimated value of the 4 existing platted lots on Woody Way Loop (north of Tract R2) will be reviewed, as will the estimated values of the 6 and 9 lot options considered in 2014. These values will be considered when analyzing return on investment. 1.2 Analysis This task will provide general analysis of information collected in Task 1.1. Comprehensive Plan analysis An analysis of the goals, objectives, and future land use designation as they pertain to the development of this (or alternative) site(s) will be completed. This general analysis will inform the policy discussions for individual scenarios developed in Task 3.1. Land use needs Based on the Comprehensive Plan analysis and current trends, assumptions will be developed about the future land use needs of the community. Identified land use needs will be a consideration in the development of scenarios in Task 3.1. Utility costs (vs. development at other locations) The cost of installing utilities on this site will be a significant portion of the cost to develop some or all of Killarney Hills. Order of magnitude estimates may be developed for other sites in order to compare financial feasibility. Traffic analysis A 20 -year traffic analysis will be conducted to determine the impacts of low and high density development of the site on the surrounding road network. Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Kit... Page 228 of 424 AGENDA ITEM #B.3. Alternative location(s) for ball fields Other locations in public ownership that may be used for the development of community ball fields will be identified. They will then be analyzed in terms of factors such as access and adjacent land use compatibility. Cost estimates for moving the ball fields may also be considered. Development ROI An analysis will be completed to determine anticipated return on investment (ROI) associated with existing proposals (4, 6, and 9 lot subdivision). The information analyzed here can serve as a baseline when completing scenario -specific analyses In Task 3.1. Task 2—Stakeholder Engagement 2.1 Agency Collaboration Several agencies have a vested interest in Killarney Hills. For this reason, it is imperative to engage in early and ongoing dialogue about community needs, desires, and expectations. Project updates can be provided to Individual committees on an as -needed basis. Additionally, a series of agency coordination meetings should occur at key project milestones. Meetings could include: • KIB Parks & Recreation Committee • City Parks & Recreation Advisory Board • City Parks & Recreation Department • Borough Lands Committee • KIBSD • KIB Engineering & Facilities • City Public Works • City Council • Assembly 2.2 Public Coordination/Meetings This property is currently being used by the public and is owned by a public entity. It is important that the public be given multiple opportunities to provide input, voice their concerns, and engage in meaningful conversation with the project team. A minimum of 3.4 public meetings are recommended throughout the life of the project. 2.3 Public Hearings In addition to public meetings, public hearings will also be held with the following: • Planning & Zoning Commission • Borough Assembly Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Kil... Page 229 of 424 AGENDA ITEM #B.3. Task 3—Scenario Development and Selection 3.1 For Each Scenario: It is recommended that graphical depictions, fact sheets, and a brief be developed for each scenario considered. Graphical depiction Concept drawings will be completed for each altemative/scenario developed. Fact sheet Easy -to -ready and easy -to -compare fact sheets will be developed for each alternative/scenario developed and will contain Information such as number of residential lots, density ranges, estimated potential ROI, and trip generation estimates. Brief on scenario-speciric analysis In addition to the fact sheet, each scenario will have a more detailed brief, outlining the policy and financial implications associated with It. Selection of a given scenario could have a range of impacts, Including changes to the comprehensive plan, environmental mitigation, or high upfront development costs, for example. 3.2 Overall Comparison Chart A comparison chart outlining the similarities and differences between the developed scenarios will be created. This will serve as a tool in discussions among stakeholder groups and will ultimately aid In the selection of a scenario, or set of scenarios. 3.3 Selection of Scenario Selection of the scenario, or set of scenarios, will involve discussion with all interested stakeholder groups. The selection methodology will be developed based on stakeholder Input received throughout project development. Task 4—Implementation Plan Solid implantation plans are an integral part of successful planning efforts. A tentative timeline for plan implementation will be developed, along with a funding strategy. When developing a funding strategy, several options will be explored, including opportunities for local government and non-profit agencies to work together in providing resources and seeking outside resources such as federal grants and state general funds. 4.1 Short-, mid-, and long-term development timeline 4.2 Short-, mid-, and long-term funding strategy 4.3 Opportunities for local coordination 4.4 Opportunities for outside funding Resolution No. FY201 B-18 Declaring Lots 11-14 Block 4 And Tract R-2, Kil... Page 230 of 424 AGENDA ITEM #8.3. Task 5—Final Master Plan 5.1 Draft Plan Once a scenario, or set of scenarios, has been selected, plan elements completed throughout the project development process will be compiled into a single, comprehensive document for agency and public review. 5.2 Public Comment/Meeting(s) When the plan has been drafted it will be presented to stakeholders and will be made available for public comment for a period of 30 days. At the close of the public comment period, the project team will consider all comments and make changes to the draft plan as appropriate. Once this is done, the plan will be submitted to P&Z for review and recommendation to the Assembly. 5.3 P&Z Hearing(s) and Recommendation After public hearings and deliberation, P&Z will forward the plan to the Assembly with their recommendation. 5.4 Assembly Final Legislative Action After public hearings and deliberation, the Assembly will take final legislative action. Task 6—Follow-up Activities 6.1 Comprehensive Plan Amendment(s) Completion of this planning effort may require amendments to the 2008 Comprehensive Plan. The master plan itself for Killarney Hills may be adopted as an element of the 2008 Comprehensive Plan. The Future Land Use Designation of the property, or other properties included in this master plan, may need to be changed. 6.2 Rezoning Rezoning of Killarney Hills or other properties included in this plan may also be necessary once the planning effort is complete. 6.3 Land Disposal Process Once a plan has been approved, KIB will need to engage in the land disposal process as part of the implementation plan. Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Kil... Page 231 of 424 AGENDA ITEM #B.3. ems Cost Notes n $2,020 4 uhllc meatin sadvertised 3 de each $135/da 3.5' + $400 Fecebcok 5565 150.200 on maiiin list, 5 mallin s $75 envelo es, $490 Osla educts 8.5"x11" $120 410 -ream cases 20,000 sheetsducts ma sized W $250 Portion of 36" roll $600 4 ublic meetln s, s endin $150 on refreshments/su Iles for each Xerox $950 75%color $900,25%MwPlotter $400 No contract, estimated Ink ex enses lies $65 Pens, sta es, oslerboafd, etc. Total $4,970 Conti en $497 10% Total Budget Adjustment 1 $5,467 Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Kil... Page 234 of 424 Memorandum AGENDA ITEM #B.3. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us Date: October 30, 2017 To: Borough Assembly From: Community Development Department RE: Killarney Hills Master Planning Process Revised Public Involvement Plan The following is the proposed Public Involvement Plan (PIP) of the master planning process for Lots 11-4, Block 4 and Tract R2, Killarney Hills Subdivision (Killarney Hills), as modified from its original version dated May 2016. This proposed PIP contains the following information: 1. General Information 2. Public Involvement Goals 3. Stakeholders 4. Methods 5. Communication 1. General Information 1.1 Project Scope The goal of the Killarney Hills Master Plan is to identify a development scenario, or set of scenarios, for the site. Data will be collected and analyzed to inform the creation of several development scenarios for this Borough -owned property. Through a collaborative public process a scenario, or set of scenarios, will be selected and an implementation plan will be developed. Once a plan has been approved by the Borough Assembly, the Master Plan will guide the development of Killarney Hills for the foreseeable future. 1.2 Staff Contact Information Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Kil... Page 235 of 424 AGENDA ITEM #B.3. Comments and questions from the public about the project can be directed to: Daniel McKenna -Foster, Associate Planner (907)486-9361 killarnevhills(a kodiakak.us 2. Public Involvement Goals • Clearly outline the project development process • Ensure that stakeholders are aware of how, when, and where they can be involved in the decision-making process • Share information in a transparent and understandable way • Include as many stakeholder groups as possible in the decision-making process • Document and respond to all comments received 3. Stakeholders Several stakeholder groups have been preliminarily identified. However, many more may be added as the project progresses. The lists below serve as a starting point and participation in the project is not limited to, nor required by, those groups identified here. 3.1 Public Members of the public at -large are encouraged to provide input throughout the planning process. 3.2 Government • KIB Parks & Recreation Committee • City Parks & Recreation Advisory Board • City Parks & Recreation Department • Borough Lands Committee • KIBSD • KIB Engineering & Facilities • City Public Works • City Council • Assembly 2 Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Kil... Page 236 of 424 AGENDA ITEM #B.3. 3.3 Other • Kodiak Little League • Kodiak Football League • Relay for Life 4. Methods 4.1 Website A website will be created for the project and will be updated regularly to keep interested stakeholders informed of the projects progress. The website will also make all project documents available for review and will provide contact Information for project staff. 4.2 Point of Contact To ensure that all public comments are received and documented, a single point of contact will be established for the public in the Community Development Department (CDD) and a unique project email will be created (Section 1.2). 4.2.1 Media Inquiries Inquiries about the project from media sources should be directed to: Sara Mason, Community Development Director (907)486-9360 sm ason (cDkodi akak. us 4.3 Meetings and Hearings 4.3.1 Public Meetings This property Is currently being used by the public and is owned by a public entity. It is important that the public be given multiple opportunities to provide Input, voice their concerns, and engage in meaningful conversation with the project team. Currently, 4 public meetings are scheduled to coincide with key project decision points. 3 Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Kil... Page 237 of 424 AGENDA ITEM #B.3. 4.3.2 Public Hearings After the draft plan has been revised based on comment received during the public comment period, public hearings will be scheduled with the Planning and Zoning (P8Z) Commission. Once P&Z feels that the plan is ready, It will be forwarded to the Assembly with their recommendation. The Assembly will also hold public hearings on the plan before taking final legislative action. 4.3.3 Agency Coordination Meetings It is anticipated that there will be at least 3 interagency meetings at which local government officials and committees will have the opportunity to collaborate and discuss public input, development strategies, funding opportunities, etc. 4.4 Mailing List A mailing list will be developed and maintained by CDD for those wishing to receive project updates by mail. Several postcards will be mailed that coincide with key milestones and events, such as public meetings and release of the draft master planning document. 4.5 Listsery For interested parties preferring electronic communication, a listsery will be developed and maintained by CDD. Email correspondence will be sent at the same time as mailed updates and will contain the same information. 4.6 Documentation of Public Involvement Activities All public Involvement and outreach activities will be documented as they occur. A compilation of this Information will be included as a chapter of the master plan. 4.7 Comment Documentation A table will be maintained to document each public comment received and each response sent. This table will allow staff to easily categorize and summarize issues, concerns, and suggestions submitted by stakeholders and to ensure that each project participant's comments are being weighed and considered in the decision- making process. Comments will be responded to in the manner in which they were received. For example, a comment sent in the form of a letter will be responded to with a letter. Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Kil... Page 238 of 424 AGENDA ITEM #B.3. 4.8 Other Methods Other public outreach methods may be added to this Public Involvement Plan as needed if public involvement goals are not being met. 5. Communication 5.1 Communicating with the Planning and Zoning Commission P&Z will be provided updates on the progress of the project at work sessions or regular meetings, at which time they may alter the project scope, schedule, or public involvement plan if necessary. All documents distributed to P&Z commissioners for these discussions will also be made available to the public and although these meetings will not be public hearings at which public testimony will be heard, citizens will be encouraged to observe discussions and provide written feedback to CDD staff (Section 1.2). 5.2 Communicating by E-mail and Letter All comments received and responses sent via e-mail or letters will be saved as PDFs and will be kept by CDD, distributed to P&Z, and made available on the project website for the public to view. Through the life of the project, original e-mails will also be kept in their native file format in Microsoft Outlook. 5.3 Communicating by Telephone and In -Person All telephone and in-person correspondence will be documented electronically, to the extent possible, and filed with e-mail and letter correspondence with CDD (Section 5.2). Similarly, telephone and in-person communications will be distributed to P&Z and made available to the public via the project website. 5 Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Kil... Page 239 of 424 AGENDA ITEM #D.1. KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 21, 2017 ASSEMBLY REGULAR MEETING SUBJECT: Mayoral Appointments Of Assembly Member Representatives To Different Boards, Committees, Commissions, And Councils; and Assembly Representatives To The Different Cities, Communities, and Villages. ORIGINATOR: Laurie Pardoe RECOMMENDATION: Move to confirm the mayoral appointments of assembly member representatives to different Boards, Committees, Commissions, Cities and Villages. DISCUSSION: Attached is the list of Mayoral Appointments of Assembly member representatives to different boards, committees, and councils; and Assembly representatives to the different cities, communities, and villages. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly. Kodiak Island Borough Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 240 of 424 AGENDA ITEM #D.1. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS & COMMISSIONS MAYOR'S APPOINTMENTS # Assembly Rep Assembly Rep Board or Committee 1012016-1012017 1012017-10/2018 o Ma or ttill out KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assem ly shall not become effective. Architectural Review Board KIBC 2.125 Dave Townsend Dennis S mmons Borough Lands Committee, KIBC 2.160 Dave Townsend Matthew Van Deals Two aDDaintees Matthew Van Daele Julie Kavanaugh Emergency Services Council, KIBC 2.110 Dan Rohrer Dan Rohrer Mayor is assigned to a seat Joint Building Code Review Committee, Dave Townsend Kyle Crow KIBC 15.45 Kodiak College Council Rebecca Skinner Scott Smile Kodiak Fisheries Work Group (Adhoc) Larry LeDoux Scott Smiley Three Appointees Kyle Crow Andy Schroeder Matthew Van Daele Kodiak Fisheries Advisory Committee, Res Rebecca Skinner Julie Kavanaugh FY07-38 Parks and Recreation Committee, KIBC Rebecca Skinner Dennis Symmons 2.120 Providence Health System Service Area Larry LeDoux Rebecca Skinner Board KIBC 8.05 School District Budget Advisory Committee Scott Smiley Rebecca Skinner School District Facilities Review Kyle Crow Kyle Crow Committee School District Strategic Planning Scott Smiley Matthew Van Daele Committee Solid Waste Advisory Board KIBC 2.145 1 Dennis S mmons Andy Schroeder Liaisons to the out/ ina cities and villages City ofAkhlok Larry LeDoux Dennis S mmons Chinlak Community Scott Smiley Julie Kavanaugh Karluk IRA Tribal Council Matthew Van Deals Matthew Van Daele City of Larsen Bay Rebecca Skinner Scott Smile City of Old Harbor Kyle Crow Andy Schroeder City of Ouzinkie Dennis S mmons Rebecca Skinner City of Port Lions Dave Townsend Kyle Crow .For the fallowing seats, Assembly members should express their Intent to the entire Assembly. The Assembly appoints and confirm. 'SWAMC Board Seat—Kodiak Municipal Seat, Rebecca Rebecca Skinner Exp. 2017 (New appointee will start after SWAMC Annual Conference 'AML Board — District 10 Seat — Exp. 2018 Scott Smiley Scott Smiley Two year term Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 241 of 424 AGENDA ITEM #D.1. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS & COMMISSIONS Assembly Member. KYLE CROW Mark loo —5choices. 1 being the first choice. Due: M6ffd'V. NbVnh` f..2nl # Assembly Rep Assembl Re Board or Committee 1012017-10120 8 101201fi-1012017 (Mayor to fill out KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An apoointment not confirmed by the assem ly shall not became effective. 5 Architectural Review Board KIBC 2.125 Dave Townsend Borough Lands Committee, KIBC 2.160 Dave Townsend _ 1 Two appointees Matt VanDaele Emergency Services Council, KIBC 2.110 Dan Rohrer Mayor is assigned to a seal 4 Joint Building Code Review Committee, Dave Townsend KIBC 15.45 Kodiak College Council Rebecca Skinner Kodiak Fisheries Work Group (Adhoc) Larry LeDoux Two Appointees plus one alternate Kyle Crow Matt VanDaele Kodiak Fisheries Advisory Committee, Res Rebecca Skinner FY07-38 Parks and Recreation Committee, KIBC Rebecca Skinner 2.120 Providence Health System Service Area Larry LeDoux Board KIBC 8.05 School District Budget Advisory Committee Scott Smile 2 School District Facilities Review Kyle Crow Committee School District Strategic Planning Scott Smiley Committee Solid Waste Advisory Board, KIBC: Dennis S mmons Liaisons to the outl ina cities and villages City of Akhiok Larry LeDoux Chiniak Community Scott Smile Kariuk IRA Tribal Council Matt VanDaele City of Larsen Bay Rebecca Skinner City of Old Harbor Kyle Crow City of Ouzinkie Dennis S mmons 3 City of Port Lions Dave Townsend 'For the following seats, Assembly members should express their Intent to the entire Assembly. The Assembly appoints and confirm. 'SWAMC Board Seat–Kodiak Municipal Seat, Rebecca Skinner Rebecca Skinner President Until Spring of 2018 (New appointee will start after SWAMC March Annual Conference 'AML Board – District 10 Seat – Exp. 2018 Scott Smiley Scott Smiley Two year term Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 242 of 424 AGENDA ITEM #D. 1. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS & COMMISSIONS Assembly Member: Julie Kavanaugh Mark too 5 choices. 1 beina the first choice. Due: Monday. Novemher 20! # Assembly Rep Assembly Rep Board or Committee 1012016-1012017 7012017-1012016 (Mayor to fill out KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are, appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assem ly shall not become effective. Architectural Review Board KIBC 2.125 Dave Townsend 2 Borough Lands Committee, KIBC 2.160 Dave Townsend Two aDDointees Matt VanDaele Emergency Services Council, KIBC 2.110 Dan Rohrer Ma or is assi ned to a seat Joint Building Code Review Committee, Dave Townsend KIBC 15.45 Kodiak College Council Rebecca Skinner 1 Kodiak Fisheries Work Group (Adhoc) Larry LeDoux Two Appointees plus one alternate Kyle Crow Matt VanDaele 3 Kodiak Fisheries Advisory Committee, Res Rebecca Skinner FY07-38 Parks and Recreation Committee, KIBC Rebecca Skinner 2.120 4 Providence Health System Service Area Larry LeDoux Board, KIBC 8.05 School District Budget Advisory Committee Scott Smile School District Facilities Review Kyle Crow Committee 5 School District Strategic Planning�Scott miley Committee Solid Waste Advisory Board, KIBC 2.145 Dennis S mmons Liaisons to the outlying cities and villages City ofAkhiok Larry LeDoux Chiniak Community Scott Smile Kaduk IRA Tribal Council Malt VanDaele City of Larsen Bay Rebecca Skinner City of Old Harbor Kyle Crow City of Ouzinkte Dennis S mmons City of Part Lions Dave Townsend .For the following seals, Assembly members should express their Intent to the entire Assembly. The Assembly appoints and confirm. 'SWAMC Board Seat—Kodiak Municipal Seat, Rebecca Skinner Rebecca Skinner President Until Spring of 2018 (New appointee will start after SWAMC March Annual Conference 'AML Board — District 10 Seal — Exp. 2018 Scott Smiley Scott Smiley Two year term I will lake whichever city/village assignment that Is vacant Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 243 of 424 AGENDA ITEM #D. 1. APPOINTMENT OF ASSEMBL Y RE PRI SENTATIVEfi TU BOARDS & COMI bBJ•kkip ,r't'0'{CS 1t;t:2IAfrfr'`U:7 Board or Committee Assombly Rop 10!20161072017 KtBC 2100030 Appointments,r,,,b,Men',bers of homda .Wr,;rr "eea and torr S the bor 0 of rsd;n'rrcrr F.�-.,lr�-wa of"bawd of oq^ .aa'vn, &'4etc+od earrice a -e3 C,a-5 th's C r a,rr aM can!oruq Gy the aazmbly Wftsm oaww�sa spoe"ly ..We Pf>a'n'mcnt ffWir MIrkr'rnd by I}e a :W mdt Spaa r,01 GOMoc:e A Arphileoexal Review Board KIBG' 2 125 payp Townsend Borough La0d3 Committee. KIBC 2 1&r, Dave To+msend . Two appm#ees Maki VanDaete rgi Services Counai, KIBG 211p Dai Rohrer: Maynor is assrgned to a_seat f 3 faM Bin3d ng CodeReviewComrr ilea, Dano Ta Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 244 of 424 VanDaete Krd ak Fisheries Advisory Committee Res _Matt _. Rabecta Sk mier ' FY07-38 Par* -s and Recreation Committee, KIBC Rebecca Skmw ; 2 120 Proxdence Health System Service Area Larry Le[kwx 5 Board, KlBC_ 8 05 n.x Sctlool D;stnd Budget Ad_V=rV Committee Scott Smiley _ 8ctioof Dstnd Faed; Review I(* Crow Committee .- School District Strat' , -- Planrung Scott SWey ,committee G Solid Waste Adu ary Brmrd KIBC 2 14.E [7ennis Syr.* � n- --s � Liaisons to the outlying cities and vI fle i of Aktuak - Larry LeDoux y r EtaniakCommunay_ Scott Smile T—Karkrk (IRA Trba; Counai _ Matt VanDse4e , 3 of Larsen__ _. Rebecca Skinner r_ Crow of Old Harbor Dennis �ymmons S of OunnLue Dave Tawnsend Z.L� —.�-- ---- to the ne Ass: T ',y Th ,For the form) rN seats. Assembly members shWd express Chex gram er A.sserntxy appwnts and comm; _, — --- -SWAMC Board Seat - Kodak Municipal Seat Rebecca Skin wr - Rebecca Presderd Until Spring of 2018 (New appocntee vr,:; start after SWAMC March Annual Ccrifetencel *m& Board - Distrrct 10 Seat - Exp 2018 $coilSmiley So-%S-nT f'y Two year term Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 244 of 424 AGENDA ITEM #D.1. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS 8: COMMISSIONS Assembly Member: REBECCA SKINNER Mark top 5 choices 1 being the first choice. Due: Monday, November 20. # Assembly Rep Assembly Rep Board or Committee 10/2016-10/2017 10/2017-10/2018 (Mayor to fill out KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appolnitment not confirmed by the asse ly shall not become effective. Review Board, KIBC 2.125 Dave Townsend 3 Borough Lands Committee, KIBC 2.160 Dave Townsend Two appointees Matt VanDaele Emergency Services Council, KIBC 2.110 Dan Rohrer r1Architectural Ma or is asst ned to a seat Joint Building Code Review Committee, Dave Townsend KIBC 15.45 Kodiak College Council Rebecca Skinner Kodiak Fisheries Work Group (Adhoc) Larry LeDoux Two Appointees plus one alternate Kyle Crow Matt VanDaele 4 Kodiak Fisheries Advisory Committee, Res Rebecca Skinner FY07-38 Parks and Recreation Committee, KIBC Rebecca Skinner 2.120 2 Providence Health System Service Area Larry LeDoux Board, KIBC 8.05 5 School District Budget Advisory Committee Scott Smile School District Facilities Review Kyle Crow Committee School District Strategic Planning Scott Smiley Committee Solid Waste Advisory Board, KIBC 2.145 i Dennis S mmons Liaisons to the outIvIna cities and villages City of Akhiok Larry LeDoux Chiniak Community Scott Smile Kariuk IRA Tribal Council Matt VanDaele City of Larsen Bay Rebecca Skinner City of Old Harbor Kyle Crow City of Ouzinkle Dennis S mmons City of Port Lions Dave Townsend .For the following seats, Assembly members should express their Intent to the entire Assembly. The Assembly appoints and confirm. 'SWAMC Board Seat— Kodiak Municipal Seat, Rebecca Skinner Rebecca Skinner President Until Spring of 2018 (New appointee will start after SWAMC March Annual Conference 'AML Board — District 10 Seat — Exp. 2018 Scott Smiley Scott Smiley Two year term Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 245 of 424 AGENDA ITEM #D. 1. APPOINTMENT 7 OF ASSEMBLY REPRESENTATIVES TO BOARDS & COMMISSIONS Assembly Member. M i kt Mark lop 5 choices,/ being the first choice. Due: Monday. November 201 # Assembly Rep Assembly Rep Asse Asse6-10/2017 Board or Committee 1012017-1012018 (Mayor to fill out KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assem Iv shall not become effective. Architectural Review Board, KIBC 2.125 Dave Townsend 2 Borough Lands Committee, KIBC 2.160 Dave Townsend Two appointees Matt VanDaele 3 Emergency Services Council, KIBC 2.110 Dan Rohrer Mayor is assigned to a seat 4 Joint Building Code Review Committee, Dave Townsend KIBC 15.45 Kodiak College Council Rebecca Skinner 1 Kodiak Fisheries Work Group (Adhoc) Larry LeDoux Two Appointees plus one alternate Kyle Crow Matt VanDaele Kodiak Fisheries Advisory Committee, Res Rebecca Skinner FY07-38 Parks and Recreation Committee, KIBC Rebecca Skinner 2.120 5 Providence Health System Service Area Larry LeDoux Board, KIBC 8.05 School District Budget Advisory Committee Scott Smile School District Facilities Review Kyle Crow Committee School District Strategic Planning Scott Smiley Committee Solid Waste Advisory Board, KIBC 2.145 1 Dennis S mmons Liaisons to the outlyinn cities and villa es City ofAkhiok Larry LeDoux Chiniak Community Scott Smile Karluk IRA Tribal Council Matt VanDaele City of Larsen Bay Rebecca Skinner City of Old Harbor Kyle Crow City of Ouzinkie Dennis S mmons City of Port Lions Dave Townsend 'For the following seals, Assembly members should express their intent to the entire Assembly. The Assembly appoints and confirm. "SWAMC Board Seat—Kodiak Municipal Seat, Rebecca Skinner Rebecca Skinner President Until Spring of 2018 (New appointee will start after SWAMC March Annual Conference "AML Board — District 10 Seat — Exp. 201 B Scott Smiley Scott SMlley Two year term Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 246 of 424 AGENDA ITEM #D.1. APPOINTMENT OFASSEMBLY REPRESENTATIVES TO BOARDS & COMMISSIONS Assembly Member. A--4 is �� /'Yl of ri y'6 Mark low choices, 1 bein4 the first choice. Due: Monday. Novemben201 # Assembly Rep Assembly Rep Board or Committee 1012016-1012017 1012017.1012018 (Mayor to fill out KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere In this code. An apDoIntment not confirmed by the assem IV shall not become effective. 2 Architectural Review Board, KIBC 2.125 Dave Townsend Borough Lands Committee, KIBC 2.160 Dave Townsend Two appointees Matt VanDaele Emergency Services Council, KIBC 2.110 Dan Rohrer Mayor is assi ned to a seat Joint Building Code Review Committee, Dave Townsend KIBC 15.45 Kodiak College Council Rebecca Skinner Kodiak Fisheries Work Grou Adhoc) Larry LeDoux Kyle Crow Matt VanDaele Kodiak Fisheries Advisory Committee, Res Rebecca Skinner FY07-38 Parks and Recreation Committee, KIBC Rebecca Skinner 3 2.120 Providence Health System Service Arse Larry LeDoux Board KIBC 8.05 School District Budget Advisory Committee Scott Smile School District Facilities Review Kyle Crow Committee School District Strategic Planning Scott Smiley Committee Solid Waste Advisory Board, KIBC 2.145 7 Dennis S mmons Liaisons to the outl incities and villages City of Akhlok Larry LeDoux Chiniak Community Scott Smile Kariuk IRA Tribal Council Matt VanDaele City of Larsen Bay Rebecca Skinner City of Old Harbor Kyle Crow City of Ouzmkie Dennis Symmons 2_ City of Port Lions Dave Townsend *For the following seals, Assembly members should express their Intent to the entire Assembly. The Assembly appoints and confirm. 'SWAMC Board Seat—Kodiak Municipal Seat, Rebecca Skinner Rebecca Skinner President Un01 Spring of 2018 (New appointee will start after SWAMC March Annual Conference) 'AML Board — District 10 Seal — Exp. 2018 Scott Smiley Scott Smiley Two year term Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 247 of 424 AGENDA ITEM #D. 1. APPOINTMENT OF A EMBLY�R\EPRESENTATIVES TO BOARDS & COMMISSIONS Assembly Member. n t _ "(C— Mark lop 5 hoices. 1 beinq the first choice. Due: onday.�November201 # Assembly Rep Assembly Rep Board or Committee 1012016-1012017 1812017-1012018 (Mayor to fill out KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, 0g appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assent Iv shall not become effective. Architectural Review Board, KIBC 2.125 Dave Townsend Borough Lands Committee, KIBC 2.160 Dave Townsend Two appointees Matt VanDaele Emergency Services Council, KIBC 2.110 Dan Rohrer Ma or is assi ned to a seal Joint Building Code Review Committee, Dave Townsend KIBC 15.45 Kodiak College Council Rebecca Skinner Kodiak Fisheries Work Grou Adhoc) Larry LeDoux 2 Kyle Crow Matt VanDaele Kodiak Fisheries Advisory Committee, Res Rebecca Skinner FY07-38 Parks and Recreation Committee, KIBC Rebecca Skinner 2.120 Providence Health System Service Area Larry LeDoux Board KIBC 8.05 School District Budget Advisory Committee Scott Smile School District Facilities Review Kyle Crow Committee School District Strategic Planning Scott Smiley Committee Solid Waste Advisory Board, KIBC 2.145 1 Dennis S mmons Liaisons to the outivina cities and villa es City ofAkhiok Larry LeDoux Chiniak Community Scott Smile Karluk IRA Tribal Council Matt VanDaele City of Larsen Bay Rebecca Skinner Ci of Old Harbor Kyle Crow Cit of Ouzinkie Dennis Symmons City of Part Lions Dave Townsend 'For the following seats, Assembly members should express their intent to the entire Assembly. The Assembly appoints and confirm. •SWAMC Board Seat— Kodiak Municipal Seat, Rebecca Skinner Rebecca Skinner President Until Spring of 2018 (New appointee will start after SWAMC March Annual Conference TAML Board — District 10 Seat— Exp. 2018 Scott Smiley Scott Smiley o year tens Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 248 of 424 AGENDA ITEM #D.2. KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 21, 2017 >' ASSEMBLY REGULAR MEETING br SUBJECT: Confirmation of the Annual Mayoral Appointments to the Various Boards, Committees, and Commissions. ORIGINATOR: Karen Siador RECOMMENDATION: Move to confirm the following Mayoral appointments: • Steven Neff and Jerrol Friend for terms to expire 2020 on the Architectural/Engineering Review Board • Matthew Bobby Bassham and Ben Millstein for terms to expire 2020 on the Parks and Recreation Committee DISCUSSION: The Clerk's Office advertised the impending vacancies per Borough code. A copy of the ad is attached. Applications were received from the following: Architectural/Engineering Review Board - Three (Three -Year Terms) • Steven Neff (Incumbent) • Jerrol Friend (Incumbent) Parks And Recreation Committee - Three (Three -Year Terms) • Matthew Bobby Bassham • Ben Millstein (Incumbent) ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Confirmation of the Annual Mayoral Appointments to the Various Boards, C... Page 249 of 424 T� m n o m Qw m> 0 0 N Ui p F O° y N N L- c E o c } y o E>> m N N a m IL N 15 U o> vi m o 0 (L O = 0 7 0— O V Y a m " 0 Y U o. O p U m m m 0)o v Q E" lx c E c' a m 00 0 Q m E> Q Y � ui m p0° 0 aCU Com° > o S m O m Y m M m = 0 0 > m AGENDA ITEM #D.2. d u.' Na A N N O a rn a Mv a Q g < y 0 1 E A N q D LLIm R a E u FF Cc m Q Z c Ui Q m � a m Q ° M E d q 0 p n 2 J w a q m M > w W m Z s O 9 -t m m q n°, Q c O m c a o: m m m E U.n E $ q c O `o z z M o ii ° a m y y Q = m m C r E 9 m c a. v a Q v q rn c E w : E .m m a CS o a3`m T� m n o m Qw m> 0 0 N Ui p F O° y N N L- c E o c } y o E>> m N N a m IL N 15 U o> vi m o 0 (L O = 0 7 0— O V Y a m " 0 Y U o. O p U m m m 0)o v Q E" lx c E c' a m 00 0 Q m E> Q Y � ui m p0° 0 aCU Com° > o S m O m Y m M m = 0 0 > m AGENDA ITEM #D.2. d u.' i S Mv < 1 N 1/1 •O N N S 0 c o O O W c c E� 0. ai t E z 0 1= �S y E3 a0i c '0 m cc C jp j.'� N 7 0 M m E 0 3 0 0 WO �1 N w- t U O W y= N CL C U N N f0/1 U1 E NN N O >. w N N w N E > rO N U d C N N O = C y (0 L" 0. O E p S U C N� I t0 '3 E 0 CU = 3 c' N aci 'a m m m-0 -5 0 E 2L m ° >1 c U .o L 01 m E 0 y w .0 E m CO — > > CD Cr m m a) `0 a) 0 0 M m 3 "' S 3 N c U -0 v 0 J WO 9 zlo �� 0 7 n 0 N U L A 0 C O C N N C Q) o 0 c E L :E L O 0 c w O m m L� z. E U 0 Confirmation of the Annual Mayoral Appointments to the Various Boards, C... Page 250 of 424 AGENDA ITEM #D.2. KODIAK ISLAND BOROUGH OFFICE OF THE BOROUGH CLERK DEC 4 2017 710 Mill Bay Road, Room 101 Kodiak, AK 99615 Phone: (907) 486-9310 Fax: (907) 486-9391 njavier@kodiskak.us APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES, AND COMMISSIONS BoardlCommitteelCommisslon: Architectural/Engineering Review Board Designated seat or group representation (if applicable) : Contractor Please be aware that the Information given an your application Is made available to the public. Staff will require the use of a malling address, email address, and contact phone number to provide board and meeting Information. Name: Jenol Friend Daytime Phone: 907-539-1975 Residence Address: 1950 Mill BAy Road Evening Phone: same Malling Address: 1950 Mill Bay Road, Kodiak, Alaska 99615 Cell Phone: Same Email Address: lfflend®alaske.nel Fax Number. Length of Residence in Kodiak: 52 Years Registered to vote In Kodiak? x Yes No Employer/Occupation: SeRlFdend Contractors LLC Organizations you belong to or participate In: Kodiak Lions Explain your main reason for applying: Have been a member since the BO's and feel it Is a very productive board What background, experience, or expertise will you bring to the boardlcommifteslcommisslon membership? General Contractor and have been on board since the mid We. I know the history of most of the buildings In Kodiak Are you available for regular meetings? Y85 Pursuantto KIBC Z100.070 (A.8) Ottrerthan by eopiralion ofdm members term, the assembly shall declare a neat vacant when a m ri r misses tRe consecutively held regular meetings and is not excused. Il Signature of Applicant: Date: n. - 7 A resume or letter of Interestbe eCarhed, but is not required. This application YAR be kept on We for one year. Please be aware that there may be an appy tion deadline. Application deadlines, if applicable, are available on the Somrlgh websks at w++ w.kodiskak.us or in the Notice of Vacancy announcements advertised In the Kodiak Deily Mirror Confirmation of the Annual Mayoral Appointments to the Various Boards, C... Page 251 of 424 - STAFF USE ONLY - Raghteud voter of the Badgls Yqe'{, No ( ) Appliunfl Reaidenca Bmugh M Clly ( ) Date cfAWOmMen[ Term Erykes on. Appointned Lady Roster Date Racelvad; (dale stamp Wool) Doth of office APOC POFD SulemenhAbdW I ) On FM ( ) Confirmation of the Annual Mayoral Appointments to the Various Boards, C... Page 251 of 424 AGENDA ITEM #D.2. Karen Siador From: noreply@civicplus.com _ Sent: Thursday, November 16, 2017 7:53 PM Clerks t- '` �F_ To: - ... - Subject: Online Form Submittal: Board Application Form ' NOV 17 2017 Board Application Form 1 Please complete the online form below. Please be aware that the information given on your application is made available to the public. Staff will require the use or a mailing address, email address, and contact phone number to provide board and meeting information. PERSONAL INFORMATION Select the Board, Commission, Parks and Recreation Committee or Committee applying for Designated seat or group field not completed. representation (if applicable): Full Name Matthew Bobby Bassham Residence Address 4051 Parkslde Dr. Mailing Address Email Address (This address will be used for correspondence) Home Phone Number (numeric only) Work Number (numeric only) Cell or Fax Number (numeric only) Employer/Occupation 4051 Parkside Dr. bobbybassham@gmail.com 2522025729 9074875744 2522025729 U.B. Coast Guard RESIDENCY INFORMATION Length of residency In Kodiak 2.5 years Registered to vote In Kodiak? Yes FOR SERVICE AREA BOARD APPLICANTS Confirmation of the Annual Mayoral Appointments to the Various Boards, C... Page 252 of 424 AGENDA ITEM #D.2. Length of Residence in Service Field not completed Area ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on No other Boards, Commissions, or VCommittees? If yes, which Field not completed. Organizations you belong to U.S. Coast Guard or participate in Explain your main reason for To help maintain and improve park and recreation facilities in applying the Kodiak Island Borough. What background, experience, problem solving and leadership or expertise will you bring to the board/committee/commission membership? Are you available for regular Yes meetings? Pursuant to KIBC 2.100.070 (A.6) and 4.15.070 (A.7) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member of the board misses three consecutively held rgular meetings and is not excused. FOR CLERKS OFFICE STAFF ONLY Registered Voter of the Borough: Y V N Applicant's Residence: Borough City Dale of Appointment Term Expires On Appointment Letter Roster Oath of Office APOC POFD Statement: NIA Attached On File 2 Confirmation of the Annual Mayoral Appointments to the Various Boards, C... Page 253 of 424 AGENDA ITEM #D.2. e KODIAK ISLAND BOROUGH etr10* OFFICE OF THE BOROUGH CLERK 710 Mill Bay Road, Room 101 Kodiak, AK 99615 e Phone: (907) 486-9310 Fax: (907) 486-9391 njavier@kodiakak,us APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES, AND COMMISSIONS Board/Committee/Commission: Borough Parks and Roo Designated seal or group representation (if applicable) : Please be aware that the Information given on your application Is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting Information. Name: Ben Millstein Daytime Phone: 6-2537 Residence Address: 523 Leta St. Kodiak Evening Phone: Mailing Address: Cell Phone: 942-3083 Email Address: bmiils@ak.nel Fax Number: Length of Residence In Kodiak: 23 yrs Registered to vote in Kodiak? YesX No Employer/Occupation: Kodiak Island Brewing Co. Organizations you belong to or participate in: Threshold Services board, Island Trails board, KEA Borough Parks and Rao Explain your main reason for applying: To contribute to planning for effective and beneficial land use. What background, experience, or expertise will you bring to the board/committee/commission membership? Experienced board member, active Kodiak trail user, and committed community participant. Are you available for regular meetings? Yes. Pursuant to KIBC 2.7DD.070(A.15) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member misses three consecutively held regular meetings and Is not excused. Signature of Applicant: Ben Millstein (in lieu of signature.) Data: 10-24-17 A resume or letter of Interest may be attached, but Is not required. This application will be kept on file for one year. Please be aware that there may be an application deadline. Application deadlines, If applicable, are available on the Borough website at www.kodiskak.us or in the Notice of vacancy announcements advertised in the Kodiak Daily Minor - STAFF USE ONLY - Rephlered voter of the Bulouph Yes No( Appointment Letter. Dsy,aeulrad: idet AampLdeyL—f-,_ - Applicars's Residence: Borotph V City() Roster t•�)•�.. `l F. V'J' Oath of Discs-. Data orAppolniment. _'�. -- - TarmExpireson: APOC POFD statement Attached On FMI) t Confirmation of the Annual Mayoral Appointments to the Various Boards, C... Page 254 of 424 AGENDA ITEM #D.2. N KODIAK ISLAND BOROUGH ARCHITECTURAL/ENGINEERING REVIEW BOARD BUILDING CODE BOARD OF APPEALS NAME Scott Arndt PO Box 76 Kodiak, AK 99615 Bill Barton PO Box 8995 Kodiak, AK 99615 Cliff Ford 1250 Beaver Way Kodiak, AK 99615 Jerrol Friend 1950 Mill Bay Rd. Kodiak, AK 99615 Steven Neff 3240 Lake View Dr. Kodiak, AK 99615 Rick. Ryser PO Box 8908 Kodiak, AK 99615 Colin Edward Young PO Box 2007 Kodiak, AK 99615 NON-VOTING EX-OFFICIOS Assembly Representative Dave Townsend Assembly Member School Board Representative Bob Foy 447 Lilly Dr. Kodiak, AK 99615 OR Duncan Fields PO Box 25 Kodiak, AK 99615 TERM HOME WORK CELL PHONE PHONE PHONE 2019 481-3745 FAX 414-791- 481-3333 3745 2018 486-4870 486-4870 539-6870 2018 486-5353 486-7742 539-5342 2017 539-1975 486-3908 539-1975 2017 486-2033 486-2033 573-247- 6064 2017 486-5490 942-2747 2019 942-5161 EMAIL Call instead of email mandbbarton0att.net clif l'Aacsalaskamet afriend () ala ska. n el swneff(a)gmail.com goldenal askaCci)gmail. com coli nv 157(cDgmail. co m 539-1975 dave.lownsend(ckibassemblv.org 942-0657 486-6393 486-8835 317-5959 This board is governed by Kodiak Island Borough Code 2.125 and 15.45.010 EIF DIRECTOR, 8013 TUCKER 486-9343 blucker0kodiekak us PROD. MGR./INSPECTOR, MATT GANDEL 486-9211 Inaandel(&kodiakak.us ENGINEERING & FACILITIES DEPARTMENT PROJECTS OFFICE 720 EGAN WAY fov.alaska(a)g m a il.com df elds(c .otialaska.net Revision Date: 7/6/2017 Revised by: am Confirmation of the Annual Mayoral Appointments to the Various Boards, C... Page 255 of 424 AGENDA ITEM #D.2. KODIAK ISLAND BOROUGH L_. PARKS AND RECREATION COMMITTEE NAME TERM HOME WORK CELL EMAIL helm(gD.helmads.com Helm Johnson PO Box 261 Kodiak, AK 99615 Ben Millstein 523 Leta Sl. Kodiak, AK 99615 Stephen Paulson 962 Mallard Way Kodiak, AK 99615 Patrick Saltonstall (Chair) PO Box 1909 Kodiak, AK 99615 Paige Simeonoff PO Box 8892 Kodiak, AK 99615 Dale Stratton 10674 Kalsin Or Kodiak, AK 99615 VACANT Since February 2017 NON-VOTING EX-OFFICIOS Assembly Representative Ms. Rebecca Skinner 326 Center Ave., Ste. 204 Kodiak, AK 99615 State Representative Vacant City Parks & Rec. Representative Corey Gronn 315 Maple Ave. Kodiak, AK 99615 School District Representative Ron Bryant 722 Mill Bay Road Kodiak, AK 99615 PHONE PHONE PHONE 2018 539-5014 539-5014 539-5014 2017 486-2537 942-3083 2018 486-4750 539-2077 2018 486-2634 486-7004 2019 2017 487-2162 2017 Roster continued on the next page.... 486-3281 942-4465 539-5321 512-0467 486-8670 654-7559 539-1482 bmillsO.ak.net spaulson(a)gci.net pgsalton(glgci.net patrick(a)al uti igmu se u m.org f un cm astapahotmail. com cgefkd(o) ptial aska. net rebecca.skin ner(a)ki bassem blv. ora cqmnn(@.city.kodiak.ak.us rbrvantOl Akibsd.org Revision Date: 3/1012017 Revised by: to Confirmation of the Annual Mayoral Appointments to the Various Boards, C... Page 256 of 424 KODIAK ISLAND BOROUGH PARKS AND RECREATION COMMITTEE 4 NAME Planning and Zoning Commission Representative Alan Schmitt 3295 Woody Way Loop Kodiak, AK 99615 Vacant, Alternate TERM HOME WORK CELL PHONE PHONE PHONE 486-5314 942-0404 This committee is governed by Kodiak Island Borough Code 2.120 niter. tee. COO DIRECTOR, SARA MASON 488-9363 smason(dkodlakak.us CODE ENFORCEMENT OFFICER, TOM CLASS 486-9364 touassralkodiakak.us CDD SECRETARY, SHEILA SMITH 486-9363 ssmilh0kodlakaKus COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD ROOM205 KODIAK, AK 99615 AGENDA ITEM #D.2. EMAIL a Ian. s ch m itt(a),kibnlan n i n a.org Revision Dale: 3/10/2017 Revised by: to Confirmation of the Annual Mayoral Appointments to the Various Boards, C... Page 257 of 424 s Kodiak Island Borough v If you have any questions about Borough activities, please call the Borough Clerk's Office at i AU19KA 486-9310. Additional information is available on the borough's web site at www.kodiakak.us. NOTICE OF VACANCIES Applications are being accepted for the following Boards, Committees, and Commissions seats that are CURRENTLY VACANT: • Architectural/Engineering Review Board -1 Seat • Kodiak Workforce Regional Advisory Council 0 1 Agriculture and Natural Resources Seat 0 1 Architecture, Construction, and Engineering Seat 0 1 Health and Sports Fitness Seat • Personnel Advisory Board - 2 Seats • Planning and Zoning Commission -1 City Seat SERVICE AREA BOARD VACANCIES • *Airport Fire Protection Service Area Board - 5 Seats • Monashka Bay Road Service Area Board -1 Seat • Trinity Island Streetlight Service Area Board - 3 Seats • Woodland Acres Streetlight Service Area Board - 3 Seats NOTICE OF IMPENDING VACANCIES Applications are being accepted for the following Boards, Committees, and Commissions seats that WILL BECOME VACANT ON DECEMBER 31, 2017. The deadline to apply is Friday November 17, 2017 at 5 p.m. • Architectural/Engineering Review Board - 3 Seats • Citizens Board of Equalization - 3 Seats • Mission Lake "Tidegate" Service Area Board -1 Seat • Parks and Recreation Committee - 3 Seats • Personnel Advisory Board - 2 Seats • Planning and Zoning Commission 0 1 Borough Seat 0 1 City Seat • Solid Waste Advisory Board -1 Seat Qualifications: In addition to any other qualifications required by borough code, members: A. Shall be a qualified voter of the borough; and B. Shall remain a resident of the borough while in office. C. Service Area Board applicants must be residents of the service area ('except for the Airport Fire Protection.) All boards and committees serve in an advisory capacity to the Assembly. If you are interested in serving on one or more of these boards, you may fill out the online application at www.kodiakak. us - Board Vacancies and Application page, or stop by the Borough Clerk's Office, 710 Mill Bay Road, Room 234. Please call 486-9310 with any questions. onfirmation of the Annual Mayoral Appointments to the VarioL ••• raae AGENDA ITEM #D.3. KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 21. 2017 ASSEMBLY REGULAR MEETING . �Vr SUBJECT: Confirmation of the Assembly Appointment to the Mission Lake "Tidegate" Service Area Board (Mr. Craig Johnson). ORIGINATOR: Karen Siador RECOMMENDATION: Move to confirm the Assembly Appointment of Mr. Craig Johnson to the Mission Lake "Tidegate" Service Area Board for a seat to expire December 2020. DISCUSSION: On October 18, 2017 the Clerk's Office received an application for a seat on the Mission Lake "Tidegate" Service Area Board from Mr. Craig Johnson. Mr. Johnson currently serves on the board with a term to on expire December 31, 2017. Creation and powers. The Mission Lake tidegate service area is established pursuant to Ordinance No. 2002-02 and encompasses the area as indicated on the map attached to that ordinance. Construction, operation, and maintenance of the Mission Lake tidegate shall be provided in the Mission Lake tidegate service area. [Ord. 02-02 §7, 2002, ratified and certified by Res. 02-21, 2002]. Board. The Mission Lake tidegate service area board shall consist of three members appointed by the assembly. [Ord. 02-02 §7, 2002, ratified and certified by Res. 02-21, 2002]. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Confirmation of the Assembly Appointment to the Mission Lake "Tidegate" ... Page 259 of 424 w I� z z O rn N o U Q 2 V Q lJ N S W _ f 0 O U cN J D a' O m z \r Z W z IL Q � 0 u O E O C r 8 U ` J c IL a c Q i tC v Q `7 t @ C - a a o m Y p� `f 0 o r t m v=�T m 8 „ m a y s72 �.- r E V, � 1 N m E 6 0,�� TS ¢ 0 E m �mm 10 m a c m t m ncE mvy o O W E s m u ° .. c a 0 a a o ° E a Z W O V a a ❑ � U IL h v 9 m m c Y \ N OV •LI I 4' � T W t @ C - a a o m v\ T�1 0 o r t m v=�T m 8 „ ` O!° M. E� r E V, c € m q C ° _ TS ¢ 0 E m �mm a c ncE mvy o O W wW- m m a 0 ° v m b O V a a a h v 9 m m c m um E m °1 E E E m = v E 0 W?Z mam a is 3 m Z M 4r f� m m v Q c 2 2 l_I � :z I L 70 0- 0 Y O U o E- m U) d a) r --N Q W ` cn a1 ca — a) O N d' W Z o o> E a 0 Y `m OO C y Ca O Ja g N DC O C\JM 'W 'a o2Ea m m E o Y E U} M0) O o O 1 Q Q a M o o m r L� CCL L 0 op�m com-0¢ U 7 a) 00O 5 aa)Y�m�ro a) m = O -p a) L h o m O) ca LL .00 ca T U - r0 Q a) Iti AGENDA ITEM #D.3. a) N"0 a) () C a) U O Ln Or CO E m n. _ X - O♦— « y) E N C ?� C N L Ua) O p m m o o —3 -o OM a NO d a) .= L� O a) y L al C Y N U r aa)) E a) ZN o> d'o m N w m .N E > o a� 0 a) c: m U) O L-. N 0 L O E N U C a) �. - L c Lo .9 E o m a) `— 3 O O) N N " U) �; n' r= G y m EE a c O> r- n a) a) a L s°NCi m LY , am a)_jm°o—oD o 0 aiO .O a) C n C U L 'O U x U E O U o � L V 0 C O C a] O C 0 E to 7 7 N U°o E E _ uJ — U O) L a7 7 L O C u7 w m ai E 0 oE Z ;o u o Confirmation of the Assembly Appointment to the Mission Lake "Tidegate" ... Page 260 of 424 t m a a i T�1 0 o r t m v=�T m 8 „ ` O!° M. E� r E WX Y E A TS ¢ 0 E O �mm a c ncE mvy W wW- > mp a moo. E N j S m 4 is g W h v c a v`o E E E ° � W W?Z mam v nZ E20 C a�m (D G E E a Q n m `o O d�s m o�� EEm m @ Wa x Q m a) N"0 a) () C a) U O Ln Or CO E m n. _ X - O♦— « y) E N C ?� C N L Ua) O p m m o o —3 -o OM a NO d a) .= L� O a) y L al C Y N U r aa)) E a) ZN o> d'o m N w m .N E > o a� 0 a) c: m U) O L-. N 0 L O E N U C a) �. - L c Lo .9 E o m a) `— 3 O O) N N " U) �; n' r= G y m EE a c O> r- n a) a) a L s°NCi m LY , am a)_jm°o—oD o 0 aiO .O a) C n C U L 'O U x U E O U o � L V 0 C O C a] O C 0 E to 7 7 N U°o E E _ uJ — U O) L a7 7 L O C u7 w m ai E 0 oE Z ;o u o Confirmation of the Assembly Appointment to the Mission Lake "Tidegate" ... Page 260 of 424 AGENDA ITEM #D.3. �. KODIAK ISLAND BOROUGH MISSION LAKE "TIDE GATE" SERVICE AREA BOARD NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE 2019 VACANT Craig Johnson 2017 4864826 486-5000 907-654-7712 craig.iohnson(.edwardiones.com PO Box 207 Kodiak, AK 99615 Alan Wolf 2018 486-0486 486-9582 942-0247 alan.wolf(c providence.org PO Box 791 Kodiak, AK 99615 This board Is governed by the Kodiak Island Borough Code 4.130 EF DIRECTOR, BOB TUCKER 486-9343 blucker0kodiakak.us ENGINEERING AND FACILITIES DEPARTMENT 710 MILL BAY ROAD ROOM 224 KODIAK, AK 99615 Revision Date: 11/3/2017 Revised by: Ks Confirmation of the Assembly Appointment to the Mission Lake "Tidegate" ... Page 261 of 424 * Kodiak Island Borough 07Qq If you have any questions about Borough activities, please call the Borough Clerk's Office at i' ALASKA 486-9310. Additional information is available on the borough's web site at www.kodiakak.us. NOTICE OF VACANCIES Applications are being accepted for the following Boards, Committees, and Commissions seats that are CURRENTLY VACANT: • Architectural/Engineering Review Board -1 Seat • Kodiak Workforce Regional Advisory Council 0 1 Agriculture and Natural Resources Seat 0 1 Architecture, Construction, and Engineering Seat 0 1 Health and Sports Fitness Seat • Personnel Advisory Board - 2 Seats • Planning and Zoning Commission -1 City Seat SERVICE AREA BOARD VACANCIES • *Airport Fire Protection Service Area Board - 5 Seats • Monashka Bay Road Service Area Board -1 Seat • Trinity Island Streetlight Service Area Board - 3 Seats • Woodland Acres Streetlight Service Area Board - 3 Seats NOTICE OF IMPENDING VACANCIES Applications are being accepted for the following Boards, Committees, and Commissions seats that WILL BECOME VACANT ON DECEMBER 31, 2017. The deadline to apply is Friday. November 17. 2017 at 5 p.m. • Architectural/Engineering Review Board - 3 Seats • Citizens Board of Equalization - 3 Seats • Mission Lake "Tidegate" Service Area Board -1 Seat • Parks and Recreation Committee - 3 Seats • Personnel Advisory Board - 2 Seats • Planning and Zoning Commission 0 1 Borough Seat 0 1 City Seat • Solid Waste Advisory Board -1 Seat Qualifications: In addition to any other qualifications required by borough code, members: A. Shall be a qualified voter of the borough; and B. Shall remain a resident of the borough while in office. C. Service Area Board applicants must be residents of the service area (`except for the Airport Fire Protection.) All boards and committees serve in an advisory capacity to the Assembly. If you are interested in serving on one or more of these boards, you may fill out the online application at www.kodiakak. us - Board Vacancies and Application page, or stop by the Borough Clerk's Office, 710 Mill Bay Road, Room 234. Please call 486-9310 with any questions. mfirmation of the Assemblv Appointment to the Mission Lake rage AGENDA ITEM #D.4. KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 21, 2017 'a ASSEMBLY REGULAR MEETING SUBJECT: Confirmation of the Assembly Appointments to the Citizens Board of Equalization. (Ms. Paula Laird & Mr. John Parker) ORIGINATOR: Karen Siador RECOMMENDATION: Move to confirm the Assembly Appointments of Ms. Paula Laird and Mr. John Parker to the Board of Equalization for seats to expire on 2020. DISCUSSION: There are 3 vacancies on the Board of Equalization. One of which is for an Alternate seat. Incumbents Ms. Laird and Mr. Parker have reapplied to serve on the Board of Equalization. Both hold terms which will expire on December 31, 2017. KIBC 3.35.050 Board of equalization. A. Membership, Qualification, Duties, Terms. 1. Members. The board of equalization shall be composed of five persons, not assembly members, appointed by the assembly. 2. Alternate Members. The assembly shall appoint alternate members. The alternate members shall be named by the assembly, as the need arises, to serve as board members during the absence or disability of regular members. 3. Qualifications. Members and alternate members should be appointed on the basis of their expertise in real and personal property appraisal, the real estate market, the personal property market, and other fields related to their functions as board members. 4. Duties. The board may determine equalizations on properties brought before the board of appellants. 5. Term of Office. Upon confirmation, members and alternate members shall serve for three years or until their successors are appointed and confirmed. Of the member initially appointed, two shall serve three-year terms, two shall serve two-year terms, and one shall serve a one-year term. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Confirmation of the Assembly Appointments to the Citizens Board of Equal... Page 263 of 424 AGENDA ITEM #D.4. 'E E m N $ Z R p m m e'ca 2 el 0 0 tJ E • � 5 O y • m m m a y_ R m m i Y • `% .5 E m ❑ o = FL a c u c c 2 m g t E�� a c> o• O lu U K m A d m a c mmm � mo ail AR 0 O S� .0 'go O m m� m �� .m m m E O o + � m E .E J? maCL m $am • C m � .it E q. EE mE jig 4 c = a m m m E d E tr x t m m❑ a 3 Z DOE-- W Q a�WZ�y om oY@ LL r_ 0 y E C d N M, c Y °v i N IL °- 8. YO QU0 CL U� a O m °' Y coo, c O C1 0 m M ¢ ?� Qm E O O cL V a W y N to ra m W Ol (a cu 0 V_ d@ T U-0, S Q M d N •pC 0 m c m U O a a G) = wrJ '� V ° i= 4; E E g a c a� E =1 Z r m oz w `0 3 m > 2L .0 c Z o v m N m E' N lQ N g a m d GI N O .�. >10 V) E J° w 1 m 0 5 Cr > 9 m �.0 -55 Q) E p_ � m n O °, c t C E O O C N ` R N L 7 Lm Y N -O ` O. _ d g� d g `m 3 m °° °❑ v v Confirmation of the Assembly Appointments to the Citizens Board of Equal... Page 264 of 424 L. d a m> m ..I 0 N c t c Z IQ Uv d E O L a m c W Qj c 0. a U U)O V m m H K O N m a O« U mE Z m a c >m m w m o w J N ° i� E u N y m C ° O N ° m m i5 Ui JAI — m n K z c m °� a Z iri QL o i u c � u o O E Z jp J LU _ u PO ¢ O 9 Z m q N a 9 a m L m N m Q o a c m rn E C y LLa C t m O W J W O U O m m ° m o J E 9 m m ro c a 'm o Q a m E m O y m � 9 m d �i q L. d a m> m ..I Q c t c IQ ° d E O L a m c W Qj c 0. a U m E z um V m m H K L. L 7 O O = 0 1 O U O E "' ` O IA M T .O m IO Q m = - x > o O W Z O a m O r� U v )O i w LL �_ O C U) E a C O N m > .9 E > > m !� a ° m .L [L 2 m E ° L1` E� ='° 11 O 0 c) } 7 0 0 0 0 °Y Q V a m s y _V a CL Q V ° rn.m m M 5 m a I U �y Q�m E% c co 0 of i0 D O O U a m Y sf m m 0) .a AGENDA ITEM #D.4. _ o m dye, a oEc W Y v 0 mmm E r `m u c AM pmt U) Q a 3 L° F- G O E S L_ O. ' j m 3 m m E° N v .° o m o �? ai ° L T) ° 3 16 N t m . U — N (n « > O. C O M E m Z a° a) w N N> O L m U d C° UU) O E C L N o w o f°° 0c m�� w m L L N° E m a) E o U 3 o 0) V1 > a ° m O E E m O>1 C a m IMCL U CC p F 3 0M w `7 0' O - O m r_ O m E d o m 3 E 3 U) n '° ° Confirmation of the Assembly Appointments to the Citizens Board of Equal... Page 265 of 424 d a _ Q IQ { S v x m i5 � z c a Z iri QL o i u c � n �Z m C jp J Gy o v ¢ 0 0 C m a 9 a m L m N m 4 m m rn E C 2 C W J W O L 7 O O = 0 1 O U O E "' ` O IA M T .O m IO Q m = - x > o O W Z O a m O r� U v )O i w LL �_ O C U) E a C O N m > .9 E > > m !� a ° m .L [L 2 m E ° L1` E� ='° 11 O 0 c) } 7 0 0 0 0 °Y Q V a m s y _V a CL Q V ° rn.m m M 5 m a I U �y Q�m E% c co 0 of i0 D O O U a m Y sf m m 0) .a AGENDA ITEM #D.4. _ o m dye, a oEc W Y v 0 mmm E r `m u c AM pmt U) Q a 3 L° F- G O E S L_ O. ' j m 3 m m E° N v .° o m o �? ai ° L T) ° 3 16 N t m . U — N (n « > O. C O M E m Z a° a) w N N> O L m U d C° UU) O E C L N o w o f°° 0c m�� w m L L N° E m a) E o U 3 o 0) V1 > a ° m O E E m O>1 C a m IMCL U CC p F 3 0M w `7 0' O - O m r_ O m E d o m 3 E 3 U) n '° ° Confirmation of the Assembly Appointments to the Citizens Board of Equal... Page 265 of 424 KODIAK ISLAND BOROUGH CITIZENS BOARD OF EQUALIZATION NAME Mark Anderson (Vice Chair) 1124 Stellar Way Kodiak, AK 99615 Paula Laid 410 Hillside Dr. #4 Kodiak, AK 99615 Ed Mahoney 3944 Spruce Cape Road Kodiak, AK 99615 Carrie Morton PO Box 2601 Kodiak, AK 99615 John Parker (Chair) PO Box 191 Kodiak, AK 99615 Two Alternates Cheryl McNeil 2147 Three Sisters Way Kodiak, AK 99615 Grant Shields -(Alternate) PO Box 651 Kodiak, AK 99615 TERM HOME WORK CELL PHONE PHONE PHONE 2018 486-3377 486-3215 2017 942-0444 512-2771 2018 486-1968 539-1234 539-1234 AGENDA ITEM #D.4. EMAIL mark.anderson(agci. net PaulaL(Dgci.net builderCcDgci.net 2019 486-8877 481-1044 539-1235 mortonctcDresidentialmlg.com 2017 486-3084 486-3084 2019 486-8415 486-3100 2017 539-2663 486-4663 FAX 486-5676 tovbox(a)gci.net m c n e i l m o m (a)va h o o. co m grantsnO.gci.net KIBC 3.35.050 Members. The board of equalization shall be composed of five (5) persons and two alternates, not assembly members, appointed by the assembly. This board is governed by Kodiak Island Borough Code 3.35.050 STAFF: ASSESSOR, BILL ROBERTS 486-9350 broberts(dkodlakak.us BOROUGH CLERK, NOVA M. JAVIER 486-9310 nlavienRkodinkak.us ASSESSING DEPARTMENT OFFICE OF THE BOROUGH CLERK 710 MILL SAY ROAD 710 MILL BAY ROAD ROOM 228 ROOM 234 KODIAK, AK 99615 KODIAK, AK 99615 Revision Date: 312412017 Revised by: LP Confirmation of the Assembly Appointments to the Citizens Board of Equal... Page 266 of 424 f. Kodiak Island Borough r i If you have any questions about Borough activities, please call the Borough Clerk's Office at i' ALASKA 486-9310. Additional information is available on the borough's web site at www.kodiakak.us. NOTICE OF VACANCIES Applications are being accepted for the following Boards, Committees, and Commissions seats that are CURRENTLY VACANT: • Architectural/Engineering Review Board -1 Seat • Kodiak Workforce Regional Advisory Council 0 1 Agriculture and Natural Resources Seat 0 1 Architecture, Construction, and Engineering Seat 0 1 Health and Sports Fitness Seat • Personnel Advisory Board - 2 Seats • Planning and Zoning Commission -1 City Seat SERVICE AREA BOARD VACANCIES • *Airport Fire Protection Service Area Board - 5 Seats • Monashka Bay Road Service Area Board -1 Seat • Trinity Island Streetlight Service Area Board - 3 Seats • Woodland Acres Streetlight Service Area Board - 3 Seats NOTICE OF IMPENDING VACANCIES Applications are being accepted for the following Boards, Committees, and Commissions seats that WILL BECOME VACANT ON DECEMBER 31, 2017. The deadline to apply is Friday November 17, 2017 at 5 p.m. • Architectural/Engineering Review Board - 3 Seats • Citizens Board of Equalization - 3 Seats • Mission Lake "Tidegate" Service Area Board -1 Seat • Parks and Recreation Committee - 3 Seats • Personnel Advisory Board - 2 Seats • Planning and Zoning Commission 0 1 Borough Seat 0 1 City Seat • Solid Waste Advisory Board -1 Seat Qualifications: In addition to any other qualifications required by borough code, members: A. Shall be a qualified voter of the borough; and B. Shall remain a resident of the borough while in office. C. Service Area Board applicants must be residents of the service area (*except for the Airport Fire Protection.) All boards and committees serve in an advisory capacity to the Assembly. If you are interested in serving on one or more of these boards, you may fill out the online application at www.kodiakak. us - Board Vacancies and Application page, or stop by the Borough Clerk's Office, 710 Mill Bay Road, Room 234. Please call 486-9310 with any questions. mfirmation of the Assembly Agnointments to the Citizens ••• raae AGENDA ITEM #D.5. KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 21, 2017 r ASSEMBLY REGULAR MEETING SUBJECT: Alaska Research Consortium Request for Funding. ORIGINATOR: Meagan Christiansen RECOMMENDATION: Move to authorize funding for the Alaska Research Consortium in the amount of $2,500. DISCUSSION: The Alaska Research Consortium is working to develop a new partnership model for the current Kodiak Seafood and Marine Science Center. They are requesting funding support from the Kodiak Island Borough, City of Kodiak, and Kodiak based seafood processors and harvesters. ALTERNATIVES: Approve partial funding or decline request. FISCAL IMPACT: $2,500 OTHER INFORMATION: Please see the attached request for funding. Kodiak Island Borough Alaska Research Consortium Request for Funding Page 268 of 424 AGENDA ITEM #D.5. Alaska Research Consortium -ARC Request for Funding "ARC: Connecting science and industry in the North Pacific" The Alaska Research Consortium Mr. Jay Stinson, Board President P.O. Box 1256 Kodiak, AK 99615 Email: pelagic@ptialaska.net Phone: 907-654-6933 October 17, 2017 i Alaska Research Consortium Request for Funding Page 269 of 424 AGENDA ITEM #D.S. Mission Statement: The Alaska Research Consortium's mission is to support and promote education, workforce development, technology development, training and service to sustain and increase the value of Alaska's marine resources and seafood industry. REQUEST FOR FUNDING: Kodiak Island Borough $ 2,500.00 City of Kodiak $ 2,500.00 Kodiak based Seafood Processors and Harvesters $ 5,000.00 There area number of discrete North Pacific regional needs that are driving the development of a new partnership model for the current Kodiak Seafood and Marine Science Center—such as new product development, improved utilization, technical innovations, understanding and adapting to changing environmental, ecological and climatic dynamics which together constitute the very "reason for being" that undergirds the Alaska Research Consortium foundation. In August of 2015, the University of Alaska Fairbanks (UAF), facing steep budget cuts, was considering dissolving their commitment to serving the fishing industry and the coastal communities of Alaska at the Kodiak Seafood and Marine Science Center. Community and industry members, recognizing the importance and value of the seafood industry to the state and the unique resource that KSMSC represents, stepped up and protested that idea by communicating with University of Alaska (UA) leadership. They formed a non-profit named the Alaska Research Consortium (ARC) dedicated to operating and managing the KSMSC and growing the programs centered in the facility. The University of Alaska agreed to stop their plans of dissolving the program and agreed to work with the ARC on a new Public Private Partnership model for operations and management of KSMSC. The Alaska Research Consortium is an Educational 501(c)3 corporation recognized by the State of Alaska and developed to operate and manage the Kodiak Seafood and Marine Science Center. Created by the Alaska Legislature and encoded in AK Statutes (AS Title 16, Chapter 52), KSMSC is a unique world class seafood research facility. ARC has been Identified (through the attached Statement of Interest) by the University of Alaska Fairbanks as having the authority to develop such a public-private partnership. The commitment to organize the ARC convinced UAF to keep KSMSC operating with UA funds through FY18. Benefits from the ARC work to date have resulted in the continuation of the programs similar to those outlined in the FY16 KSMSC annual report (attached) offered by Alaska Sea Grant and the Alaska Research Consortium Request for Funding Page 270 of 424 AGENDA ITEM #D.5. Fisheries department of the College of Fisheries and Ocean Sciences. They include workforce development training for seafood processing, training In marine safety for fishermen, applied research on PSP safety with local subsistence communities of Old Harbor, Ouzinkie and Kodiak, graduate studies by local fisheries students employed by ADF&G, marine education in Kodiak and outlying communities, K-12 schools and many other benefits provided by the faculty working from KSMSC. Currently 5 personnel, faculty and staff, live In Kodiak and work in the KSMSC and multiple community members and groups use the facility annually. Many people from off island are trained or come to the Center each year for meetings or technical assistance annually. Responding to the announcement by UAF of their intent to close KSMSC, a group of Kodiak residents from a wide range of backgrounds --fisheries, workforce development, education, government and more—began the process of establishing a nonprofit organization, formed in 2016 as the Alaska Research Consortium. An initial board was formed for the ARC, with the following Individuals: • Jay Stinson, Chair, commercial fisherman, KSMSC Policy Council • Alan Austerman, former Alaska State legislator • Duncan Fields, commercial fisherman, former member North Pacific Fisheries Management Council (NPFMC) • Pat Jacobson, Vice Chair, former University of Alaska Regent • Larry Ledoux, former Alaska Commissioner of Education, current superintendent of KIBSD • Matt Moir, plant manager North Pacific Seafoods, Kodiak • Paul Lumsden, plant manager Trident Seafoods, Kodiak • Jeff Stephan, fisheries advocate, Advisory Panel NPMFC • Scott Smiley, Borough Assembly, Currently unfilled • Unfilled seat to represent regional Alaska Native Organizations Initial funding, in addition to countless volunteer hours, will provide resources to enable the ARC to move forward. We will work on four objectives during this year. 1) Complete the IRS filing of the 501(c)(3). 2) Finish a business plan for the Kodiak Seafood and Marine Science Center. 3) Develop key communication tools including an ARC website and a compelling vision document. 4) Meet with prospective key partners in Anchorage (Rasmuson Foundation, Industry groups) and in Portland/Seattle (Murdoch Foundation) and Industry groups to explain the vision behind the ARC and the Kodiak Seafood and Marine Science Center. Leadership for meeting these objectives will be carried out by Jay Stinson, chair of the ARC board with support from Pat Jacobson, vice chair of the ARC board and other ARC board members. With early support from Alaska Sea Grant, we have developed a relationship for guidance with the Foraker Group. Alaska Research Consortium Request for Funding Page 271 of 424 AGENDA ITEM #D.5. We anticipate that Foraker Group will continue to assist us by working with ARC on the further development of our business plan and assistance with filing IRs required documentation. We intend to contract (hopefully locally) with a web designed and graphic designer/writer to develop communications products that we will use to develop key partnerships. This project will provide the key building blocks to enable the ARC to develop as a non-profit and Identify and build an new and continuing partnerships to keep the Kodiak Seafood and Marine Science Center active and growing. Some of these partnerships Include but are not limited to ASMI, ADFG, NOAA and NMFS, NPRB, government agencies such as Dept. of Agriculture and FDA. We have been in communication with other universities including Washington State University, University of Idaho, and the University of Oregon. It's important that we develop strong partnerships with Industry organizations and seafood companies. The ARC is collaborating with the University of Alaska Fairbanks, Alaska Sea Grant, the City and Borough of Kodiak as well as numerous industry and trade organizations as they develop this public-private partnership. We have reached out to the Native community on Kodiak and will incorporate their input to the program and the board. Longer term benefits from this project will be found in the ARC being able to ensure the long term sustainability of the KSMSC and programs that benefit Kodiak residents, bring statewide and national partners to Kodiak and support the sustainability of Alaska's fishing industry. Our plan, developed by the ARC board has set the following priorities: PRIORITY #1: Complete the application to the IRS for federal tax-exempt status as a 501 (c) (3). Work with The Foraker Group to complete a three to five-year "ARC Business Plan for Sustainability". Build a sustainable and financially robust ARC organization. • With programs aligned with current and projected needs of the fisheries industry • Identifying sustainable revenue from a variety of sources, with an "Anchor Tenant" • Clarifying the human resources infrastructure required to manage and operate the facility • Identifying ongoing facility and operations expenses, incorporating Maintenance/Operating Reserves • Seek "start-up funding/"venture capital" to fund initial planning work, and an Executive Director PRIORITY #2: A sustainable ARC Campus facility Working with the University of Alaska Fairbanks as the current facility owner, and hopefully, with the Kodiak Island Borough as the potential future building owner, finalize sale and purchase of the building realizing that both the State of Alaska and Kodiak are experiencing a challenging fiscal environment. Develop a MOA with the Kodiak Island Borough concerning ARC'S day-to-day management of the building and taking responsibility for determining the programs and offerings housed within the facility. Alaska Research Consortium Request for Funding Page 272 of 424 AGENDA ITEM #D.5. • Complete a Long -Term Facilities Pian identifying deferred maintenance Issues • Including laying the foundation for being able to grow a Building Maintenance Reserve Fund PRIORITY N3: Maintain, reinvigorate and start new partnerships • Clarify the UA partnership, with respect to long-term implications and realities. Engage more fully with regional tribal entities. • Re-engage with the Alaska Seafood industry to develop new priorities, programs and partnerships The outlined project will measure success by: 1) Completion of the ARC business plan (by December 31,2017) 2) Completed filing with IRS of ARC non-profit status (by January, 2018) 3) A website and compelling description of the ARC vision and plan (by December 31, 2017) 4) Briefing of Rasmuson Foundation, Murdoch Foundation and at least 6 potential industry partners with a plan for support (by June 30, 2018). 5) The overall measure of success will be the ARC's Incorporation of this progress into the creation of a successful public-private partnership with either the Borough or the University of Alaska for FY19. Achieving the long-term goal requires positive progress in several related areas, constituting the ARC's operating priorities: 1) Building a financially self-sustaining 501(C)(3) ARC organization, resulting from a solid business plan. 2) Working with University of Alaska Fairbanks, the Kodiak Island Borough and the City of Kodiak to create a sustainable Public/Private Partnership facility. 3) Maintaining, reinvigorating and in some cases starting new partnerships with ARC's many stakeholders. There are a number of discrete North Pacific regional needs that are driving the development of a new partnership model for the current Kodiak Seafood and Marine Science Center—such as new product development, improved utilization, technical innovations, which together constitute the very "reason for being" that undergirds the Alaska Research Consortium foundation. Food safety, both state and federal regulatory compliance training, and work force development training are critical to the future of the Alaska fishing Industry. ARC'S long-term goal is to support sustainable fisheries and marine sciences in Alaska through workforce training and development, Improved utilization, and new product development, technology development, education and applied research programs and understanding and adapting to changing Alaska Research Consortium Request for Funding Page 273 of 424 AGENDA ITEM #D.5. environmental, ecological and climatic dynamics. This goal will be realized when the Kodiak Seafood and Marine Science Center serves as a catalyst and collaborator resulting in: • Applied and academic researchers and educators from UA and beyond seeking to expand and improve fisheries Industry knowledge and practice; • K-12 schools offering fisheries -connected vocational programs to grow a strong fisheries workforce; • Industry partners committed to enhancing the Impact of improved technology and processes on their businesses; • Tribal entities ensuring traditional food safety and dedicated to preserving the subsistence way - of -life; • And most importantly, having regional North Pacific maritime communities realize long-term economic gain through a vibrant and sustainable seafood industry. Summary: The Alaska Research Consortium requesting specific funding from the Kodiak Island Borough and the City of Kodiak in the total amount of Five thousand ($5,000). We are requesting $2,500 each from the Kodiak Island Borough and the City of Kodiak. ARC will also be soliciting funds from seafood harvesters and processors. We look forward to further communications and dialogue. Please call or email me if you have any questions or the need for clarification. Signed: Jay . tinson President, Alaska Research Consortium, Inc. Phone: 907-654-6933 Email: pelagic@ptialaska.net 6 Alaska Research Consortium Request for Funding Page 274 of 424 AGENDA ITEM #D.6. ORIGINATOR: Karen Siador RECOMMENDATION: Move to approve the Assembly 2018 meeting schedule. DISCUSSION: The calendar reflects the Assembly meetings for the upcoming year. Annually the calendar is presented to the Assembly fore review and approval for the upcoming year. 2.30.030 Types of meetings. A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the borough administration building, Kodiak, Alaska, and meetings are to commence at 6:30 p.m. on the first and third Thursdays of each month, or such other time and place as may be designated in the notice of the meeting. If the regular meeting day falls on a holiday or holiday eve, then the Assembly may advance, postpone, or cancel the meeting as necessary. When the lack of a quorum of the Assembly necessary for holding a meeting occurs, or when there is little or no business to be considered at a scheduled regular meeting, the Assembly may cancel such meeting and hear its business at the next regular meeting. Public notice of changed meetings shall be made in at least one newspaper of general circulation in the borough. Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. The calendar also includes JWS meeting schedule with the City of Kodiak. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough 'Approval of the Kodiak Island Borough Assembly 2018 Meeting Schedule Page 275 of 424 KODIAK ISLAND BOROUGH STAFF REPORT ' DECEMBER 21, 2017 j8% F'yyyl ASSEMBLY REGULAR MEETING SUBJECT: "Approval of the Kodiak Island Borough Assembly 2018 Meeting Schedule ORIGINATOR: Karen Siador RECOMMENDATION: Move to approve the Assembly 2018 meeting schedule. DISCUSSION: The calendar reflects the Assembly meetings for the upcoming year. Annually the calendar is presented to the Assembly fore review and approval for the upcoming year. 2.30.030 Types of meetings. A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the borough administration building, Kodiak, Alaska, and meetings are to commence at 6:30 p.m. on the first and third Thursdays of each month, or such other time and place as may be designated in the notice of the meeting. If the regular meeting day falls on a holiday or holiday eve, then the Assembly may advance, postpone, or cancel the meeting as necessary. When the lack of a quorum of the Assembly necessary for holding a meeting occurs, or when there is little or no business to be considered at a scheduled regular meeting, the Assembly may cancel such meeting and hear its business at the next regular meeting. Public notice of changed meetings shall be made in at least one newspaper of general circulation in the borough. Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. The calendar also includes JWS meeting schedule with the City of Kodiak. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough 'Approval of the Kodiak Island Borough Assembly 2018 Meeting Schedule Page 275 of 424 ac.AncR PRe. 94 2018 Kodiak Island Borough January _ _ February March `1 �2 `3 2 3 4 5 6 6 7 1 2'`"3A RPPE 1 2' 3 4 5 L P_c PPE R $ 9 1 PU 2 -- R_ 10 R p $ PPE 8 9 10 11 12 13 4 5 6 7 8 9 10 5 6 7 B 9 10 8 PUw W 11 PPE 13 14 6 7 W 9 PPE W PPE 16 4 18 19 20 11 12 13 14 15 16 17 11 12 13 14 15 16 17 JWs R $ W $ PPE 27 W Puw R $ R PUW PPE 22 23 24 25 26 27 18 19 20 21 22 23 24 18 19 20 22 23 y'r24 PARR 11 W 13 PPE 15 16 PUR W PUR PPE PAM JWs R PPE 29 30 31 JWs R 25 26 27 28 Puw W 25 26 27 28 29 30 31 22 23 24 25 28 27 28 PARD 21 22 23 24 PARR W $ 26 April _ �1 May June —1 2 3 4 5 6 7 1 2'`"3A RPPE i 2 3 4 5 PPE 7 8 9 1 PU 2 -- UPCR 10 R $ PPE 5 6 R4 y 8 0. 15 PPE-- 1 J41 PPE—^✓ 20[_25 12 13 14 15 16 R 17 PPE PPE 8 9 1011 11 12 13 14 6 7 B 9 10 it 12 3 4 5 6 7 8 9 22 28 29 PUw W $ PPE 26 27 28 29 JO PARR JWs W Puw W $ PPE 27 W 20 ~11 30 R S PPE 15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 16 PUR R $ PPE JWs R PPE Puw W $ PPE 22 23 24 25 28 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 23 PAR. W $ PPE P PARP $ PPE JWs R PPE 29 30 31 27 28 29 30 31 31 24 25 26 27 28 21P 30 616- 1PA.R W 39 PAR W $ PE July �1 `2 August _ September �1 1 3 5 6 "=—d PPE 1 2'`"3A RPPE 1 2 3 4 PPE 7 8 9 1 PU ^ UPC 10 R $ 4 5 6 R4 7 8 R 15 16 1 J41 PPE—^✓ 20[_25 12 13 14 15 16 R 17 PPE 9 8 9 10 11 12 13 14 5 6 7~ 8 9 10, 11 2 3 4 5 6 7 8 22 28 29 PUw W PPE 26 27 28 29 JO PARR JWs W PUw W PPE 27 W 20 ~11 30 R PPE 15 16 17 19 20 21 12 13 14 15 16 17 18 9 10 12 13 14 15 JI R $ R PUw W $ 22 23 24 25 26 27 26 19 20 21 22 23 24 25 16 17 18 19 20 21 22 PARR W PPE P PPE JWs R PPE 29 30 31 26 27 28 29 30 31 23 24 25 26 27 28 29 616- 1PA.R W 39 PAP. W $ October November December 1 E2 Pc "=—d PPE 1 2'`"3A RPPE PPE 7 8 9 1 PU 13 5 6 7 8 9 GE W $ 10 2 3 Y10 4 5 6 R4 7 8 15 16 1 J41 PPE—^✓ 20[_25 12 13 14 15 16 R 17 PPE 9 11 12 Puw 13 W 14':15 t E 21 22 23 Pu R 2 27 19 20 21 22 23 $R 24 16 17 18 19 20 215 $ 22 28 29 30 3 26 27 28 29 JO PARR JWs W 23 24"""1 26 27 W 20 29 PPE 30 31P..afl.R. Assembly Meetlnas Other Meetlnas Elections R Regular Meeting P&R R Parks & Recreation Regular Meeting E Municipal Election W Worksession LEPC Local Emergency Planning Committee P Primary Election JWS Borough/City Joint Work Session GE General Election Plannino & Zonlno Meetlnas PPE Pay Period Ending P&Z R Regular Meeting $ Pay Day P&Z W Worksession AGENDA ITEM #D.7. KODIAK ISLAND BOROUGH STAFF REPORT r' DECEMBER 21. 2017 s' ASSEMBLY REGULAR MEETING SUBJECT: Approving Memoranda Of Understanding For Non -Profit Funding ORIGINATOR: Meagan Christiansen RECOMMENDATION: Move to authorize the Manager to sign Memoranda of Understanding for non-profit funding. DISCUSSION: Non-profit funding amounts have previously been approved, as has the MOU form requested of non -profits as a condition of funding. MOU's have been signed by grantees and are ready for Borough signature. ALTERNATIVES: no action FISCAL IMPACT: funding amounts have been previously approved by the Assembly OTHER INFORMATION: Kodiak Island Borough Approving Memoranda Of Understanding For Non -Profit Funding Page 277 of 424 AGENDA ITEM #D.7. D R A F T 08-23-2017 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into this _ day of 20_ ("Effective Date"), by and between the Kodiak Island Borough ('Borough") and , an Alaskan non- profit entity ("Non -Profit") (collectively referred to as the "Parties"). RECITALS WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gift in the amount of $ to for the use and benefit of for fiscal year , and the Parties agree as follows: AGREEMENT 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this MOU as though expressly set forth herein. 2. Term. The term of this MOU shall commence on the Effective Date and terminate at the end of the _ fiscal year. 3. Contingency. The transfer of money from Borough to Non -Profit is contingent upon the Non -Profit providing its 501(c)(3) or 501(c)(4) financial documentation to Borough. Memorandum of Understanding Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 278 of 424 AGENDA ITEM #D.7. D R A F T 08-23-2017 4. Donations in Lieu of Cash. It is understood and agreed to by and between the Parties that some non-profit organizations may prefer a gift other than a cash donation. The Parties agree to cooperate in good faith to allow other donations in lieu of a cash donation. If such a request is agreed to, a description of the exact type of donation is described below: 5. Non -Discrimination. Non -Profit agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. 6. Independent Contractors. Non -Profit and its representatives, agents, and/or employees are independent contractors. Nothing in this MOU shall be deemed to constitute a partnership or joint venture between the Borough and Non -Profit, nor constitute any Party to be the agent of the other Party for any purpose. 7. Indemnity. Non -Profit shall indemnify, defend and hold the Borough and its elected officials, officers, employees, consultants, agents and contractors harmless from and against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments (including attorney fees) arising from this MOU. 8. Scope of Work. Non -Profit intends to perform the following tasks pursuant to this MOU: It is agreed and acknowledged that the Borough's donation is to be used to improve and implement the services stated above intended to be provided by Non -Profit within the Kodiak Island Borough jurisdiction. The funds or in-kind donation are not intended to be used by Non -Profit in any other way (i.e., not for bonuses to executives or similar administrative overhead expenses). Accordingly, the Borough is entitled to know exactly how the donation was used or applied, and Non -Profit shall provide annually a written report to the Borough Assembly detailing the use of the funds within the Non -Profit entity. The written report shall be submitted no later than December 31' each year to the Borough's representative designated to receive Notices as specified in Part 11 below. Memorandum of Understanding Page 2 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 279 of 424 AGENDA ITEM #D.7. D R A F T 08-23-2017 9. Defaults and Remedies. a. Default. Failure by either Party to negotiate in good faith as provided in this MOU shall constitute an event of default hereunder. The non -defaulting Party shall give written notice of a default to the defaulting Party, specifying the nature of the default and the required action to cure the default. If a default remains uncured ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminate this MOU and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profit to indemnify or defend the Borough shall survive such termination. C. No Damages. Neither Parry shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 10. Third -Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 11. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mall, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non - Profit set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Non -Profit: 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486-9300 Tel: ( 1 Memorandum of Understanding Page 3 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 280 of 424 AGENDA ITEM #D.7. D R A F T 08-23-2017 12. Non -Binding. This MOU is non-binding and is entered into as an expression of the Parties' good faith intent to draft, negotiate, and enter into an agreement regarding the charitable gift to Non -Profit. 13. Assignment. The qualifications and identity of Non -Profit are of particular concern to Borough. It is because of those unique qualifications and identity that Borough has entered into this Agreement with Non -Profit. Accordingly, Non -Profit may not assign its right to negotiate with Borough to any other person or entity. Any purported voluntary or involuntary assignment of Non -Profit's negotiation rights without written approval by the Borough shall be null and void. 14. Applicable Law. This MOU shall be governed by and construed in accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigation arising out of or connected with this MOU shall be instituted and maintained in the courts of the Third Judicial District at Kodiak in the State of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process issued by such courts. 15. Severability. If an provision of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 16. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 17. Counterparts. This MOU may be executed in one or more counterparts, including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original, and all such counterparts, taken together, shall constitute one and the same instrument. 18. Ambiguity. The Parties and their counsel have each carefully reviewed this MOU, and the Parties have agreed to each term of the MOU. No ambiguity shall be presumed to be construed against either Party. 19. Waiver. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 20. Headings. The section headings contained in this MOU are inserted for convenience only and shall not affect in any way the meaning or interpretation of this MOU. Memorandum of Understanding Page 4 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 281 of 424 AGENDA ITEM #D.7. D R A F T 08-23-2017 21. Authority. The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. KODIAK ISLAND BOROUGH Borough Mayor ATTEST: Borough Clerk NON-PROFIT By: Its: Memorandum of Understanding Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 282 of 424 AGENDA ITEM #D.7. Kodiak Island Borough Non-profit funding for FY18 Non-Competative Agency Grants Included in FY18 General Fund Budget $167,500.00 1 Brother Francis Shelter $43,000.00 2 Kodiak Women's Resource & Crisis Center $47,500.00 3 Kodiak Island Food Bank $34,000.00 4 Senior Citizens of Kodiak $26,000.00 5 Providence/Safe Harbor $17,000.00 Included in FY18 Tourism Fund Budget $12,000.00 6 Alutiiq Museum $4,000.00 7 Kodiak Maritime Museum $4,000.00 8 Kodiak Historical Society $4,000.00 Small Competitive Grants $40,000.00 Applicant Approved Requests 9 Hope Community Resources 4,000 $5,000 10 Hospice of Kodiak 4,000 $5,000 11 Humane Society 4,000 $5,000 12 Kodiak Area Mentor Program 4,000 $5,000 13 Kodiak Area Native Association - WIC 4,000 $5,000 14 Kodiak Arts Council 4,000 $5,000 15 Kodiak Public Broadcasting 4,000 $5,000 16 Kodiak Rodeo and State Fair 4,000 $5,000 17 Kodiak Soll & Water Conservation District 4,000 $4,969 18 Native Village of Port Lions 4,000 S5,000 40,000 $49,969 Space rent in lieu of cash not budgeted American Red Cross '�'° 99 did not return MOU Kodiak Teen Court 6,211.20 13,387.20 Approving Memoranda Of Understanding For Non -Profit Funding Page 283 of 424 AGENDA ITEM #D.7. MB Non-Rofil Funding Kodiak Island Borough SnNI Cbmpelalioa Grants $ring Qileria Each applicant should receive amore In each rAegmy from 1 to 5, with 5 being the best SmsA'I Ia.9ingBneR1 Rlswllhin Pddressesa Menlbasd (1 yew. 2-4 Borough Borough m the Nrslfor the yeas 5t Applicant FECwers Need�rtunlaut Fiudl Pmerinn Red Cross r.J i-7 W mrlanW111 i�WtPS 1� Hospice of Kodiak 3 I I Humane Society /3 q a\ Z Z IS - Kodiak Area Menta Program i7 KANq •WIC Program Kodak Arcs Council Kodiak Pudic Bmadcastln al Kodiak Rodand State Fall eo � z { •I la �1 Kodiak 5418 Water Conservation District Kodiak Teen Can 9 Native Vtlla9e of Purl Lions if I� Approving Memoranda Of Understanding For Non -Profit Funding Page 284 of 424 Approving Memoranda Of Understanding For Non -Profit Funding Page 284 of 424 AGENDA ITEM #D.7. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into this -� day of 'Bch , 20113 ("Effective Date"), by and between the Kodiak Island Borough ('Borough") and Brother Francis Shelter Kodiak, an Alaskan non-profit entity ("Non -Profit") (collectively referred to as the "Parties"). RECITALS WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gift in the amount of Forty-three Thousand Dollars ($43.000.00) to Nonprofit for the use and benefit of the Scope of Work as described in section 8, for fiscal year 2018, and the Parties agree as follows: AGREEMENT 1. Recitals. The Recitals set forth above are true and correct and are incorporated Into this MOU as though expressly set forth herein. 2. Tenn. The term of this MOU shall commence on the Effective Date and terminate at the end of the 2018 fiscal year. 3. Contingency. The transfer of money from Borough to Non -Profit is contingent upon the Non -Profit providing its 501(c)(3) or 501(c)(4) financial documentation to Borough. Memorandum of Understanding Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 285 of 424 AGENDA ITEM #D.7. 4. Donations in Lieu of Cash. It is understood and agreed to by and between the Parties that some non-profit organizations may prefer a gift other than a cash donation. The Parties agree to cooperate in good faith to allow other donations in lieu of a cash donation. If such a request is agreed to, a description of the exact type of donation is described below: 5. Non -Discrimination. Non -Profit agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. 6. Independent Contractors. Non -Profit and its representatives, agents, and/or employees are independent contractors. Nothing in this MOU shall be deemed to constitute a partnership or joint venture between the Borough and Non -Profit, nor constitute any Party to be the agent of the other Party for any purpose. 7. Indemnity. Non -Profit shall indemnify, defend and hold the Borough and its elected officials, officers, employees, consultants, agents and contractors harmless from and against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments (including attorney fees) arising from this MOU. 8. Scope of Work. Non -Profit intends to perform the following tasks pursuant to this MOU: Shelter and feed Kodiak's homeless by providing food. sunDlies and staff It is agreed and acknowledged that the Borough's donation is to be used to improve and implement the services stated above intended to be provided by Non -Profit within the Kodiak Island Borough jurisdiction. The funds or in-kind donation are not intended to be used by Non -Profit in any other way (i.e., not for bonuses to executives or similar administrative overhead expenses). 9. Reporting. The Borough is entitled to know exactly how the donation was used or applied, and Non -Profit shall provide annually a written report to the Borough Assembly detailing the use of the funds within the Non -Profit entity. The written report shall be submitted no later than December 3151 each year to the Borough's representative designated to receive Notices as specified in Part 11 below. 10. Defaults and Remedies. a. Default. Failure by either Party to negotiate in good faith as provided in this MOU shall constitute an event of default hereunder. The non -defaulting Memorandum of Understanding Page 2 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 286 of 424 AGENDA ITEM #D.7. Party shall give written notice of a default to the defaulting Party, specifying the nature of the default and the required action to cure the default. If a default remains uncured ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminale this MOU and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profit to indemnify or defend the Borough shall survive such termination. C. No Damages. Neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 11. Third -Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 12. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non - Profit set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Michael Powers, Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486-9302 Non -Profit: Brother Francis Shelter Kodiak Attn: Monte Hawver PO Box 670 Kodiak, Alaska 99615 Tel: (907) 486-5610 13. Non -Binding. This MOU is non-binding and is entered into as an expression of the Parties' good faith intent to draft, negotiate, and enter into an agreement regarding the charitable gift to Non -Profit. Memorandum of Understanding Page 3 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 287 of 424 AGENDA ITEM #D.7. 14. Assignment. The qualifications and identity of Non -Profit are of particular concern to Borough. It is because of those unique qualifications and identity that Borough has entered into this Agreement with Non -Profit. Accordingly, Non -Profit may not assign its right to negotiate with Borough to any other person or entity. Any purported voluntary or involuntary assignment of Non -Profit's negotiation rights without written approval by the Borough shall be null and vold. 15. Applicable Law. This MOU shall be governed by and construed in accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigation arising out of or connected with this MOU shall be instituted and maintained in the courts of the Third Judicial District at Kodiak in the State of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process issued by such courts. 16. Severability. If an provision of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 17. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 18. Counterparts. This MOU may be executed in one or more counterparts, including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original, and all such counterparts, taken together, shall constitute one and the same instrument. 19. Ambiguity. The Parties and their counsel have each carefully reviewed this MOU, and the Parties have agreed to each tens of the MOU. No ambiguity shall be presumed to be construed against either Party. 20. Waiver. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 21. Headings. The section headings contained in this MOU are inserted for convenience only and shall not affect in any way the meaning or interpretation of this MOU. 22. Authoritv. The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. Memorandum of Understanding Page 4 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 288 of 424 AGENDA ITEM #D.7. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. ATTEST: Nova M. Javier, CMC Borough Clerk KODIAK ISLAND BOROUGH Michael Powers, Borough Manager NON-PROFIT i By: 7^�I Its: Memorandum of Understanding Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 289 of 424 AGENDA ITEM #D.7. Approving Memoranda Of Understanding For Non -Profit Funding Page 290 of 424 MEMORANDUM OF UNDERSTANDING This �Me-morandum of Understanding ("MOU") is made and entered into this 4 day of C) �- 201B ("Effective Date"), by and between the Kodiak Island Borough ("Borough") and Kodiak Baptist Mission, an Alaskan non-profit entity ("Non - Profit") (collectively referred to as the "Parties"). RECITALS WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gift in the amount of Thirty-four Thousand Dollars ($34,000.00) to Nonprofit for the use and benefit of the Scope of Work as described in section 8, for fiscal year 2018, and the Parties agree as follows: AGREEMENT 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this MOU as though expressly set forth herein. 2. Term. The term of this MOU shall commence on the Effective Date and terminate at the end of the 2018 fiscal year. 3. Contingency. The transfer of money from Borough to Non -Profit is contingent upon the Non -Profit providing its 501(c)(3) or 501(c)(4) financial documentation to Borough. Memorandum of Understanding Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 291 of 424 4. Donations in Lieu of Cash. It is understood and agreed to by and between the Parties that some non-profit organizations may prefer a gift other than a cash donation. The Parties agree to cooperate in good faith to allow other donations in lieu of a cash donation. If such a request is agreed to, a description of the exact type of donation is described below: 5. Non -Discrimination. Non -Profit agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. 6. Independent Contractors. Non -Profit and its representatives, agents, and/or employees are independent contractors. Nothing in this MOU shall be deemed to constitute a partnership or joint venture between the Borough and Non -Profit, nor constitute any Party to be the agent of the other Party for any purpose. 7. Indemni . Non -Profit shall indemnify, defend and hold the Borough and its elected officials, officers, employees, consultants, agents and contractors harmless from and against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments (including attorney fees) arising from this MOU. 8. Scope of Work. Non -Profit intends to perform the following tasks pursuant to this MOU: Sort the operations of the Kodiak Island Food Bank run bTthe_ Kodiak It is agreed and acknowledged that the Borough's donation is to be used to improve and implement the services stated above intended to be provided by Non -Profit within the Kodiak Island Borough jurisdiction. The funds or in-kind donation are not intended to be used by Non -Profit in any other way (i.e„ not for bonuses to executives or similar administrative overhead expenses). 9. Reporting. The Borough is entitled to know exactly how the donation was used or applied, and Non -Profit shall provide annually a written report to the Borough Assembly detailing the use of the funds within the Non -Profit entity. The written report shall be submitted no later than December 313i each year to the Borough's representative designated to receive Notices as specified in Part 11 below. 10. Defaults and Remedies. Memorandum of Understanding Page 2 of 5 'Approving Memoranda Of Understanding For Non -Profit Funding Page 292 of 424 a. Default. Failure by either Party to negotiate in good faith as Provided in this MOU shall constitute an event of default hereunder. The non -defaulting Party shall give written notice of a default to the defaulting Party, specifying the nature of the default and the required action to cure the default. If a default remains uncured ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminate this MOU and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profit to indemnify or defend the Borough shall survive such termination. C. No Damages, Neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 11. Third -Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 12. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non - Profit set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Michael Powers, Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486-9302 Non -Profit: Kodiak Baptist Mission Attn: Johnny G. Walker 1944 Rezanof Drive E. Kodiak, Alaska 99615 Tel: (907) 486-4126 Memorandum of Understanding Page 3 of 5 Funding Page 293 of 424 ITEM #D.7. 13. Non -Binding. This MOU is non-binding and is entered into as an expression of the Parties' good faith intent to draft, negotiate, and enter into an agreement regarding the charitable gift to Non-Profd. 14. Assignment. The qualifications and identity of Non -Profit are of particular concern to Borough. It is because of those unique qualifications and identity that Borough has entered into this Agreement with Non -Profit. Accordingly, Non-Proft may not assign its right to negotiate with Borough to any other person or entity. Any purported voluntary or involuntary assignment of Non -Profit's negotiation rights without written approval by the Borough shall be null and void. 15. Applicable Law. This MOU shall be governed by and construed in accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigation arising out of or connected with this MOU shall be instituted and maintained in the courts of the Third Judicial District at Kodiak in the State of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process issued by such courts. 16. Severability. If an provision of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 17. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 18. Counterparts. This MOU may be executed in one or more counterparts, including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original, and all such counterparts, taken together, shall constitute one and the same instrument. 19. Ambiqui . The Parties and their counsel have each carefully reviewed this MOU, and the Parties have agreed to each term of the MOU. No ambiguity shall be presumed to be construed against either Party. 20. Waiver. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 21. Headings. The section headings contained in this MOU are inserted for convenience only and shall not affect in any way the meaning or interpretation of this MOU. Memorandum of Understanding Page 4 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 294 of 424 22. A—uthority. The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. KODIAK ISLAND BOROUGH Michael Powers, Borough Manager ATTEST: Nova M. Javier, CMC Borough Clerk NON-PROFIT r.!�R�RLsf3 Memorandum of Understanding Page 5 of 5 For Non -Profit Funding Page 295 of 424 AGENDA ITEM #D.7. Approving Memoranda Of Understanding For Non -Profit Funding Page 296 of 424 AGENDA ITEM #D.7. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into this - day of _July 1 , 2018 -("Effective Dale"), by and between the Kodiak Island Borough ("Borough") and Kodiak Womens Resource and Crisis Center, an Alaskan non-profit entity ("Non -Profit") (collectively referred to as the "Parties"). RECITALS WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gift in the amount of Forty-seven Thousand Five Hundred Dollars ($47,500.00) to Nonprofit for the use and benefit of the Scope of Work as described in section 8, for fiscal year 201 B, and the Parties agree as follows: AGREEMENT 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this MOU as though expressly set forth herein. 2. Term. The term of this MOU shall commence on the Effective Date and terminate at the end of the 2018 fiscal year. 3. Contingency. The transfer of money from Borough to Non -Profit is contingent upon the Non -Profit providing its 501(c)(3) or 501(c)(4) financial documentation to Borough. Memorandum of Understanding Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 297 of 424 AGENDA ITEM #D.7. 4. Donations in Lieu of Cash. It is understood and agreed to by and between the Parties that some non-profit organizations may prefer a gift other than a cash donation. The Parties agree to cooperate in good faith to allow other donations in lieu of a cash donation. If such a request is agreed to, a description of the exact type of donation is described below: 5. Non -Discrimination. Non -Profit agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. 6. Independent Contractors. Non -Profit and its representatives, agents, and/or employees are independent contractors. Nothing in this MOU shall be deemed to constitute a partnership or joint venture between the Borough and Non -Profit, nor constitute any Party to be the agent of the other Party for any purpose. 7. indemnity. Non -Profit shall indemnify, defend and hold the Borough and its elected officials, officers, employees, consultants, agents and contractors harmless from and against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments (including attorney fees) arising from this MOU. a. Scope of Work. Non -Profit intends to perform the following tasks pursuant to this MOU: funds will be used to pay for the Outreach Coordinator position, as well as operational_ expenses of the agency including communication, utilities, maintenance, and travel to training and meetings. It is agreed and acknowledged that the Borough's donation is to be used to improve and implement the services stated above intended to be provided by Non -Profit within the Kodiak Island Borough jurisdiction. The funds or in-kind donation are not intended to be used by Non -Profit in any other way (i.e., not for bonuses to executives or similar administrative overhead expenses). 9. Reporting. The Borough is entitled to know exactly how the donation was used or applied, and Non -Profit shall provide annually a written report to the Borough Assembly detailing the use of the funds within the Non -Profit entity. The written report shall be submitted no later than December 31st each year to the Borough's representative designated to receive Notices as specified in Part 11 below. 10. Defaults and Remedies. Memorandum of Understanding Page 2 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 298 of 424 AGENDA ITEM #D.7. a. Default. Failure by either Party to negotiate in good faith as provided in this MOU shall constitute an event of default hereunder. The non -defaulting Party shall give written notice of a default to the defaulting Party, specifying the nature of the default and the required action to cure the default. If a default remains uncured ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminate this MOU and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profit to indemnity or defend the Borough shall survive such termination. C. No Damages. Neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 11. Third -Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 12. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non - Profit set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Michael Powers, Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486.9302 Non -Profit: Kodiak Women's Resource and Crisis Center Attn: Rebecca Shields PO Box 2122 Kodiak, Alaska 99615 Tel: (907) 486-6171 Memorandum of Understanding Page 3 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 299 of 424 AGENDA ITEM #D.7. 13. Non -Binding. This MOU is non-binding and is entered into as an expression of the Parties' good faith intent to draft, negotiate, and enter into an agreement regarding the charitable gift to Non -Profit. 14, Assignment. The qualifications and identity of Non -Profit are of particular concern to Borough. It is because of those unique qualifications and identity that Borough has entered into this Agreement with Non -Profit. Accordingly, Non -Profit may not assign its right to negotiate with Borough to any other person or entity. Any purported voluntary or involuntary assignment of Non -Profit's negotiation rights without written approval by the Borough shall be null and void. 15. Applicable Law. This MOU shall be governed by and construed in accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigation arising out of or connected with this MOU shall be instituted and maintained in the courts of the Third Judicial District at Kodiak in the State of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process issued by such courts. 16. Severability. If an provision of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 17. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 18. Counterparts. This MOU may be executed in one or more counterparts, including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original, and all such counterparts, taken together, shall constitute one and the same instrument. 19. Ambiguity. The Parties and their counsel have each carefully reviewed this MOU, and the Parties have agreed to each term of the MOU. No ambiguity shall be presumed to be construed against either Party. 20. Waiver. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 21. Headings. The section headings contained in this MOU are inserted for convenience only and shall not affect in any way the meaning or interpretation of this MOU. Memorandum of Understanding Page 4 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 300 of 424 AGENDA ITEM #D.7. 22. Authority. The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. ATTEST: M. Javier, CMC Borough Clerk KODIAK ISLAND BOROUGH Michael Powers, Borough Manager NON-PROFIT By: Rebecca Shleld Its: Executive Director Memorandum of Understanding Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 301 of 424 AGENDA ITEM #D.7. Approving Memoranda Of Understanding For Non -Profit Funding Page 302 of 424 AGENDA ITEM #D.7. MEMORANDUM OF UNDERSTANDING This Me orandu n er nding ("MOU") is made and entered into this x 1 - day of 20 ffec ive Date"), by and between the Kodiak Island Borough ("B rough" and 5 nior Ci ' ens of Kodiak. Inc., an Alaskan non-profit entity ("Non -Profit") (code lively referre o as the "Parties"). RECITALS WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary govemmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gih in the amount of Twenty-six Thousand Dollars ($26,000.00) to Nonprofi�e use and benefit of the Scope of Work as described in section 8, for fiscal year 018, nd the Parties agree as follows: AGREEMENT 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this MOU as though expressly set forth herein. 2. Tenn. The lens of this MOU shall commence on the Effective Date and terminate at the end of the 2018 fiscal year. 3. Contingency. The contingent upon the Non -Profit documentation to Borough. Memorandum of Understanding transfer of money from Borough to Non -Profit is providing its 501(c)(3) or 501(c)(4) financial Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 303 of 424 AGENDA ITEM #D.7. 4. Donations in Lieu of Cash. It is understood and agreed to by and between the Parties that some non-profit organizations may prefer a gift other than a cash donation. The Parties agree to cooperate in good faith to allow other donations in lieu of a cash donation. If such a request is agreed to, a description of the exact type of donation is described below: n/a 5. Non -Discrimination. Non -Profit agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender Identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. 6. Independent Contractors. Non -Profit and its representatives, agents, and/or employees are independent contractors. Nothing in this MOU shall be deemed to constitute a partnership or joint venture between the Borough and Non -Profit, nor constitute any Party to be the agent of the other Party for any purpose. 7. Indemnity. Non -Profit shall Indemnify, defend and hold the Borough and its elected officials, officers, employees, consultants, agents and contractors harmless from and against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments (including attorney fees) arising from this MOU. 8. Scope of Work. Non -Profit intends to perform the following tasks pursuant to this MOU: Grant funds will be used to match the four federal and state grants that Family Caregiver Support, and Senior In Home programs. It is agreed and acknowledged that the Borough's donation is to be used to Improve and implement the services stated above intended to be provided by Non -Profit within the Kodiak Island Borough jurisdiction. The funds or in-kind donation are not intended to be used by Non -Profit in any other way (i.e., not for bonuses to executives or similar administrative overhead expenses). 9. Retorting. The Borough is entitled to know exactly how the donation was used or applied, and Non -Profit shall provi nnually written report to the Borough Assembly detailing the use of the funds rthin the Nom -P t entity. The written report shall be submitted no later than ecember 3151 each ear to the Borough's representative designated to receive otices as specified in Pa 11 below, ---- 10. Defaults and Remedies. Memorandum of Understanding Page 2 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 304 of 424 AGENDA ITEM #D.7. a. Default. Failure by either Party to negotiate in good faith as provided in this MOU shall constitute an event of default hereunder. The non -defaulting Party shall give written notice of a default to the defaulting Party, specifying the nature of the default and the required action to cure the default. If a default remains uncured ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminate this MOU and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profit to indemnify or defend the Borough shall survive such termination. C. No Damages. Neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 11. Third -Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 12. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non - Profit set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Michael Powers, Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486-9302 Non -Profit: Senior ' i e of Kodiak] Inc. Attn: l� � 302 Erskine Avenue Kodiak, Alaska 99615 Tel: (907) 486-6181 Memorandum of Understanding Page 3 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 305 of 424 AGENDA ITEM #D.7. 13. Non -Binding. This MOU is non-binding and is entered into as an expression of the Parties' good faith intent to draft, negotiate, and enter into an agreement regarding the charitable gift to Non -Profit. 14. Assignment. The qualifications and identity of Non -Profit are of particular concern to Borough. It is because of those unique qualifications and identity that Borough has entered into this Agreement with Non -Profit. Accordingly, Non -Profit may not assign its right to negotiate with Borough to any other person or entity. Any purported voluntary or involuntary assignment of Non -Profit's negotiation rights without written approval by the Borough shall be null and void. 15. Applicable Law. This MOU shall be governed by and construed in accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigation arising out of or connected with this MOU shall be instituted and maintained in the courts of the Third Judicial District at Kodiak in the State of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process issued by such courts. 16. Severability. If an provision of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 17. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 18. Counterparts. This MOU may be executed in one or more counterparts, Including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original, and all such counterparts, taken together, shall constitute one and the same instrument. 19. Ambiguity. The Parties and their counsel have each carefully reviewed this MOU, and the Parties have agreed to each term of the MOU. No ambiguity shall be presumed to be construed against either Party. 20, Waiver. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 21. Headings. The section headings contained in this MOU are inserted for convenience only and shall not affect in any way the meaning or interpretation of this MOU. Memorandum of Understanding Page 4 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 306 of 424 AGENDA ITEM #D.7. 22. Authoritv. The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. ATTEST: Nova M. Javier, CMC Borough Clerk Memorandum of Understanding KODIAK ISLAND BOROUGH Michael Powers, Borough Manager NON-PROFIT Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 307 of 424 AGENDA ITEM #D.7. Approving Memoranda Of Understanding For Non -Profit Funding Page 308 of 424 MEMORANDUM OF UNDERSTANDING AGENDA ITEM #D.7. OCT 10 2011 KODIAK ISLAND BOROUGH 710 Mill Bay Rd Kodiak AK 99615 This Memorandum of Understanding ("MOU") is made and entered into this 3r-. day of 0&'a6,yl� , 2018 ("Effective Date"), by and between the Kodiak Island Borough ('Borough") and Alutiiq Museum & Archaeological Repository, an Alaskan non-profit entity ("Non -Profit") (collectively referred to as the "Parties"). RECITALS WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gift in the amount of Four Thousand Dollars ($4,000.00) to Nonprofit for the use and benefit of the Scope of Work as described in section 8, for fiscal year 2018, and the Parties agree as follows: AGREEMENT 1. Recitals. The Recitals set forth above are true and correct and are Incorporated into this MOU as though expressly set forth herein. 2. Term. The term of this MOU shall commence on the Effective Date and terminate at the end of the 2018 fiscal year. 3. Contingency. The transfer of money from Borough to Non -Profit is contingent upon the Non -Profit providing its 501(c)(3) or 501(c)(4) financial documentation to Borough. 4. Donations in Lieu of Cash. It is understood and agreed to by and between the Parties that some non-profit organizations may prefer a gift other than a cash Memorandum of Understanding Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 309 of 424 AGENDA ITEM #D.7. donation. The Parties agree to cooperate in good faith to allow other donations in lieu of a cash donation. If such a request is agreed to, a description of the exact type of donation is described below: 5. Non -Discrimination. Non -Profit agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. 6. Independent Contractors. Non -Profit and its representatives, agents, and/or employees are independent contractors. Nothing In this MOU shall be deemed to constitute a partnership or joint venture between the Borough and Non -Profit, nor constitute any Party to be the agent of the other Party for any purpose. 7. Indemnity. Non -Profit shall indemnity, defend and hold the Borough and Its elected officials, officers, employees, consultants, agents and contractors harmless from and against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments (including attorney fees) arising from this MOU. 8. Scope of Work. Non -Profit intends to perform the following tasks pursuant to this MOU: Support visitor services by usino orant funds to assist in the cost of museum store. It is agreed and acknowledged that the Borough's donation is to be used to improve and implement the services stated above intended to be provided by Non -Profit within the Kodiak Island Borough jurisdiction. The funds or in-kind donation are not Intended to be used by Non -Profit in any other way (i.e., not for bonuses to executives or similar administrative overhead expenses). 9. Reporting. The Borough is entitled to know exactly how the donation was used or applied, and Non -Profit shall provide annually a written report to the Borough Assembly detailing the use of the funds within the Non -Profit entity. The written report shall be submitted no later than December 31" each year to the Borough's representative designated to receive Notices as specified in Part 11 below. 10. Defaults and Remedies. a. Default. Failure by either Party to negotiate in good faith as provided in this MOU shall constitute an event of default hereunder. The non -defaulting Memorandum of Understanding Page 2 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 310 of 424 AGENDA ITEM #D.7. Party shall give written notice of a default to the defaulting Parry, specifying the nature of the default and the required action to cure the default. If a default remains uncured ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminate this MOU and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profit to indemnify or defend the Borough shall survive such termination. C. No Damages. Neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 11. Third -Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 12. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non - Profit set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Michael Powers, Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486-9302 Non -Profit: Alutiiq Museum & Archaeological Repository Attn: Dr. April Laktonen Counceller 215 Mission Road, First Floor Kodiak, Alaska 99615 Tel: (907) 486-7004 13. Non -Binding. This MOU is non-binding and is entered into as an expression of the Parties' good faith Intent to draft, negotiate, and enter into an agreement regarding the charitable gift to Non -Profit. Memorandum of Understanding Page 3 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 311 of 424 AGENDA ITEM #D.7. 14. Assignment. The qualifications and identity of Non -Profit are of particular concern to Borough. It is because of those unique qualifications and identity that Borough has entered into this Agreement with Non -Profit. Accordingly, Non -Profit may not assign its right to negotiate with Borough to any other person or entity. Any purported voluntary or involuntary assignment of Non -Profit's negotiation rights without written approval by the Borough shall be null and void. 15. Applicable Law. This MOU shall be governed by and construed in accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigation arising out of or connected with this MOU shall be instituted and maintained in the courts of the Third Judicial District at Kodiak in the State of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process issued by such courts. 16. Severability. If an provision of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 17. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 18. Counterparts. This MOU may be executed in one or more counterparts, including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original, and all such counterparts, taken together, shall constitute one and the same Instrument. 19. Ambiguity. The Parties and their counsel have each carefully reviewed this MOU, and the Parties have agreed to each term of the MOU. No ambiguity shall be presumed to be construed against either Party. 20. Waiver. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 21. Headings. The section headings contained In this MOU are inserted for convenience only and shall not affect in any way the meaning or interpretation of this MOU. 22. Authority. The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. Memorandum of Understanding Page 4 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 312 of 424 AGENDA ITEM #D.7. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. KODIAK ISLAND BOROUGH Michael Powers, Borough Manager ATTEST: Nova M. Javier, CMC Borough Clerk NON-PROFIT r i� Memorandum of Understanding Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 313 of 424 AGENDA ITEM #D.7. Approving Memoranda Of Understanding For Non -Profit Funding Page 314 of 424 AGENDA ITEM #D.7. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered Into this 3r-4 day of dcAv s ,y'" , 201ff ("Effective Date"), by and between the Kodiak Island Borough ("Borough") and Alutiig Museum & Archaeological Repository, an Alaskan non-profit entity ("Non -Profit") (collectively referred to as the 'Parties"). RECITALS WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gift in the amount of Four Thousand Dollars ($4,000.00) to Nonprofit for the use and benefit of the Scope of Work as described In section 8, for fiscal year 2018, and the Parties agree as follows: AGREEMENT 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this MOU as though expressly set forth herein. 2. Term. The term of this MOU shall commence on the Effective Date and terminate at the end of the 2018 fiscal year. 3. Contingency. The transfer of money from Borough to Non -Profit is contingent upon the Non -Profit providing its 501(c)(3) or 501(c)(4) financial documentation to Borough. 4. Donations In Lieu of Cash. It is understood and agreed to by and between the Parties that some non-profit organizations may prefer a gift other than a cash Memorandum of Understanding Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 315 of 424 donation. The Parties agree of a cash donation. If such donation Is described below: AGENDA ITEM #D.7. to cooperate in good faith to allow other donations In lieu a request is agreed to, a description of the exact type of 5. Non -Discrimination. Non -Profit agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. 6. Independent Contractors. Non -Profit and its representatives, agents, and/or employees are independent contractors. Nothing in this MOU shall be deemed to constitute a partnership or joint venture between the Borough and Non -Profit, nor constitute any Party to be the agent of the other Party for any purpose. 7. Indemnity. Non -Profit shall indemnify, defend and hold the Borough and its elected officials, officers, employees, consultants, agents and contractors harmless from and against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments (Including attorney fees) arising from this MOU. B. Scope of Work. Non -Profit intends to perform the following tasks pursuant to this MOU: Support visitor services by usinq qrant funds to assist in the cost of museum's front desk greeting visitors, giving gallery tours, and acting as a clerk in the museum store. It is agreed and acknowledged that the Borough's donation is to be used to improve and implement the services stated above intended to be provided by Non -Profit within the Kodiak Island Borough jurisdiction. The funds or in-kind donation are not Intended to be used by Non -Profit in any other way (i.e., not for bonuses to executives or similar administrative overhead expenses). 9. Reporting. The Borough is entitled to know exactly how the donation was used or applied, and Non -Profit shall provide annually a written report to the Borough Assembly detailing the use of the funds within the Non -Profit entity. The written report shall be submitted no later than December 315` each year to the Borough's representative designated to receive Notices as specified in Part 11 below. 10. Defaults and Remedies. a. Default. Failure by either Party to negotiate in good faith as provided in this MOU shall constitute an event of default hereunder. The non -defaulting Memorandum of Understanding Page 2 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 316 of 424 AGENDA ITEM #D.7. Party shall give written notice of a default to the defaulting Party, specifying the nature of the default and the required action to cure the default. If a default remains uncured ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminate this MOU and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profit to indemnify or defend the Borough shall survive such termination. C. No Damages. Neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, Including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 11. Third -Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 12. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non - Profit set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Michael Powers, Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486-9302 Non -Profit: Alutiiq Museum & Archaeological Repository Attn: Dr. April Laktonen Counceller 215 Mission Road, First Floor Kodiak, Alaska 99615 Tel: (907) 486-7004 13. Non -Binding. This MOU is non-binding and is entered into as an expression of the Parties' good faith intent to draft, negotiate, and enter into an agreement regarding the charitable gift to Non -Profit. Memorandum of Understanding Page 3 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 317 of 424 AGENDA ITEM #D.7. 14. Assignment. The qualifications and Identity of Non -Profit are of particular concern to Borough. It is because of those unique qualifications and identity that Borough has entered into this Agreement with Non -Profit. Accordingly, Non -Profit may not assign its right to negotiate with Borough to any other person or entity. Any purported voluntary or involuntary assignment of Non -Profit's negotiation rights without written approval by the Borough shall be null and void. 15. Applicable Law. This MOU shall be governed by and construed in accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigation arising out of or connected with this MOU shall be instituted and maintained in the courts of the Third Judicial District at Kodiak in the State of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process issued by such courts. 16. Severability. If an provision of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the Intent and economic effect of the invalid or unenforceable provision. 17. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 18. Counterparts. This MOU may be executed in one or more counterparts, including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original, and all such counterparts, taken together, shall constitute one and the same instrument. 19. Ambiguity. The Parties and their counsel have each carefully reviewed this MOU, and the Parties have agreed to each term of the MOU. No ambiguity shall be presumed to be construed against either Party. 20. Waiver. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 21. Headings. The section headings contained in this MOU are inserted for convenience only and shall not affect in any way the meaning or Interpretation of this MOU. 22. Authority. The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. Memorandum of Understanding Page 4 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 318 of 424 AGENDA ITEM #D.7. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. ATTEST: Nova M. Javier, CMC Borough Clerk Memorandum of Understanding KODIAK ISLAND BOROUGH Michael Powers, Borough Manager NON-PROFIT Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 319 of 424 AGENDA ITEM #D.7. Approving Memoranda Of Understanding For Non -Profit Funding Page 320 of 424 AGENDA ITEM #D.7. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into this 10i day of betpuojac,r , 201$ ("Effective Date'), by and between the Kodiak Island Borough ("Borough") and Kodiak Maritime Museum, an Alaskan non-profit entity ("Non -Profit") (collectively referred to as the "Parties"). RECITALS WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gift in the amount of Four Thousand Dollars ($4,000.00) to Nonprofit for the use and benefit of the Scope of Work as described in section 8, for fiscal year 2018, and the Parties agree as follows: AGREEMENT 1. Recitals. The Recitals set forth above are true and correct and are Incorporated into this MOU as though expressly set forth herein. 2. Term. The term of this MOU shall commence on the Effective Date and terminate at the end of the 2018 fiscal year. 3. Contingency. The transfer of money from Borough to Non -Profit is contingent upon the Non -Profit providing its 501(c)(3) or 501(c)(4) financial documentation to Borough. 4. Donations in Lieu of Cash. It is understood and agreed to by and between the Parties that some non-profit organizations may prefer a gift other than a cash Memorandum of Understanding Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 321 of 424 AGENDA ITEM #D.7. donation. The Parties agree to cooperate in good faith to allow other donations in lieu of a cash donation. If such a request is agreed to, a description of the exact type of donation is described below: n/a 5. Non -Discrimination. Non -Profit agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. 6. Independent Contractors. Non -Profit and its representatives, agents, and/or employees are independent contractors. Nothing in this MOU shall be deemed to constitute a partnership or joint venture between the Borough and Non -Profit, nor constitute any Party to be the agent of the other Party for any purpose. 7. Indemnity. Non -Profit shall indemnify, defend and hold the Borough and its elected officials, officers, employees, consultants, agents and contractors harmless from and against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments (including attorney fees) arising from this MOU. 8. Scope of Work. Non -Profit intends to perform the following tasks pursuant to this MOU: fund staff time to Droduce the Kodiak Harbor Liahts Festival and to finish It is agreed and acknowledged that the Borough's donation is to be used to improve and implement the services stated above intended to be provided by Non -Profit within the Kodiak Island Borough jurisdiction. The funds or in-kind donation are not intended to be used by Non -Profit in any other way (i.e., not for bonuses to executives or similar administrative overhead expenses). 9. Reporting. The Borough is entitled to know exactly how the donation was used or applied, and Non -Profit shall provide annually a written report to the Borough Assembly detailing the use of the funds within the Non -Profit entity. The written report shall be submitted no later than December 3151 each year to the Borough's representative designated to receive Notices as specified in Part 11 below. 10. Defaults and Remedies. a. Default. Failure by either Party to negotiate in good faith as provided in this MOU shall constitute an event of default hereunder. The non -defaulting Party shall give written notice of a default to the defaulting Party, specifying the nature of the default and the required action to cure the default. If a default remains uncured Memorandum of Understanding Page 2 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 322 of 424 AGENDA ITEM #D.7. ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminate this MOU and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profit to indemnify or defend the Borough shall survive such termination. C. No Damages. Neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 11. Third -Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 12. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non - Profit set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Michael Powers, Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486-9302 Nan -Profit: Kodiak Maritime Museum Attn: Toby Sullivan PO Box 1876 Kodiak, Alaska 99615 Tel: (907) 486-0384 13. Non -Binding. This MOU is non-binding and is entered into as an expression of the Parties' good faith intent to draft, negotiate, and enter into an agreement regarding the charitable gift to Non -Profit. 14. Assignment. The qualifications and identity of Non -Profit are of particular concern to Borough. It is because of those unique qualifications and identity that Memorandum of Understanding Page 3 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 323 of 424 AGENDA ITEM #D.7. Borough has entered into this Agreement with Non -Profit. Accordingly, Non -Profit may not assign its right to negotiate with Borough to any other person or entity. Any purported voluntary or involuntary assignment of Non -Profit's negotiation rights without written approval by the Borough shall be null and void. 15. Applicable Law. This MOU shall be governed by and construed in accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigation arising out of or connected with this MOU shall be instituted and maintained In the courts of the Third Judicial District at Kodiak in the State of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process issued by such courts. 16. Severability. if an provision of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the Intent and economic effect of the invalid or unenforceable provision. 17. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 18. Counterparts. This MOU may be executed in one or more counterparts, including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original, and all such counterparts, taken together, shall constitute one and the same instrument. 19. Ambiguity. The Parties and their counsel have each carefully reviewed this MOU, and the Parties have agreed to each term of the MOU. No ambiguity shall be presumed to be construed against either Party. 20. Waiver. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 21. Headings. The section headings contained in this MOU are inserted for convenience only and shall not affect In any way the meaning or interpretation of this MOU. 22. Authority. The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. Memorandum of Understanding Page 4 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 324 of 424 ATTEST: Nova M. Javier, CMC Borough Clerk Memorandum of Understanding AGENDA ITEM #D.7. KODIAK ISLAND BOROUGH Michael Powers, Borough Manager NON-PROFIT By: T6E3Y SUL Llyl9r�/ Its: Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 325 of 424 AGENDA ITEM #D.7. Approving Memoranda Of Understanding For Non -Profit Funding Page 326 of 424 AGENDA ITEM #D.7. MEMORANDUM OF UNDERSTANDING T is Memorandum of Understanding ("MOU") is made and entered into this CLY4 day of 2017 („Effective Date"), by and between the Kodiak Island Borough ( orough") and Kodiak Historical Society and Baranov Museum, an Alaskan non-profit entity ("Non -Profit") (collectively referred to as the "Parties"). RECITALS WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary govemmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gift in the amount of Four Thousand Dollars ($4 0, 00.00) to Nonprofit for the use and benefit of the Scope of Work as described in section 8, for fiscal year 2018, and the Parties agree as follows: AGREEMENT 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this MOU as though expressly set forth herein. 2. Term. The term of this MOU shall commence on the Effective Date and terminate at the end of the 2018 fiscal year. 3. Contingency. The transfer of money from Borough to Non -Profit is contingent upon the Non -Profit providing its 501(c)(3) or 501(c)(4) financial documentation to Borough. 4. Donations in Lieu of Cash. It is understood and agreed to by and between the Parties that some non-profit organizations may prefer a gift other than a cash Memorandum of Understanding Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 327 of 424 AGENDA ITEM #D.7. of the default and the required action to cure the default. If a default remains uncured ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminate this MOU and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profit to indemnify or defend the Borough shall survive such termination. C. No Damages. Neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 11. Third -Party Beneficiaries. This MOU is Intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 12. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non - Profit set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Michael Powers, Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486-9302 Non -Profit: Kodiak Historical Society & Baranov Museum Attn: Sarah Harrington 101 Marine Way East Kodiak, Alaska 99615 Tel: (907) 486-5920 13. Non -Binding. This MOU is non-binding and is entered into as an expression of the Parties' good faith intent to draft, negotiate, and enter into an agreement regarding the charitable gift to Non -Profit. Memorandum of Understanding Page 3 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 328 of 424 AGENDA ITEM #D.7. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. ATTEST: Nova M. Javier, CMC Borough Clerk Memorandum of Understanding KODIAK ISLAND BOROUGH Michael Powers, Borough Manager NON-PROFIT Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 329 of 424 AGENDA ITEM #D.7. Approving Memoranda Of Understanding For Non -Profit Funding Page 330 of 424 AGENDA ITEM #D.7. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into this 19th day of September 2017 ("Effective Date"), by and between the Kodiak Island Borough ("Borough') and Hope Community Resources. Inc., an Alaskan non-profit entity ("Non -Profit") (collectively referred to as the 'Parties"). RECITALS WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent non- profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gift in the amount of Four Thousand Dollars ($4,000.00) to Nonprofit for the use and benefit of the Scope of Work as described in section 8, for fiscal year 2018, and the Parties agree as follows: AGREEMENT 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this MOU as though expressly set forth herein. 2. Term. The term of this MOU shall commence on the Effective Date and terminate at the end of the 2018 fiscal year. 3. Contingency. The transfer of money from Borough to Non -Profit is contingent upon the Non -Profit providing its 501(c)(3) or 501(c)(4) financial documentation to Borough. V. Memorandum of Understanding 09/19/17 Kodiak Island Borough/Hope Community Resources, Inc. Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 331 of 424 AGENDA ITEM #D.7. 4. Donations in Lieu of Cash. It is understood and agreed to by and between the Parties that some non-profit organizations may prefer a gift other than a cash donation. The Parties agree to cooperate in good faith to allow other donations in lieu of a cash donation. If such a request is agreed to, a description of the exact type of donation is described below: 5. Non -Discrimination. Non -Profit agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. 6. Independent Contractors. Non -Profit and its representatives, agents, and/or employees are independent contractors. Nothing in this MOU shall be deemed to constitute a partnership or joint venture between the Borough and Non -Profit, nor constitute any Party to be the agent of the other Party for any purpose. 7. Indemnity. Non -Profit shall indemnify, defend and hold the Borough and its elected officials, officers, employees, consultants, agents and contractors harmless from and against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments (including attorney fees) arising from this MOU. 8. Scope of Work. Non -Profit intends to perform the following tasks pursuant to this MOU: funds will support the Little Bears Summer and After School Programs It is agreed and acknowledged that the Borough's donation is to be used to improve and implement the services stated above intended to be provided by Non -Profit within the Kodiak Island Borough jurisdiction. The funds or in-kind donation are not intended to be used by Non -Profit in any other way (i.e., not for bonuses to executives or similar administrative overhead expenses). 9. Reporting. The Borough is entitled to know exactly how the donation was used or applied, and Non -Profit shall provide annually a written report to the Borough Assembly detailing the use of the funds within the Non -Profit entity. The written report shall be submitted no later than December 31St each year to the Borough's representative designated to receive Notices as specified in Part 12 below. Memorandum of Understanding 09/19/17 Kodiak Island Borough/Hope Community Resources, Inc. Page 2 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 332 of 424 AGENDA ITEM #D.7. 10. Defaults and Remedies. a. Default. Failure by either Party to negotiate in good faith as provided in this MOU shall constitute an event of default hereunder. The non -defaulting Party shall give written notice of a default to the defaulting Party, specifying the nature of the default and the required action to cure the default. If a default remains uncured ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminate this MOU and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profit to indemnify or defend the Borough shall survive such termination. C. No Damages. Neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 11. Third -Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 12. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non -Profit set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Michael Powers, Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486-9302 Non -Profit: Hope Community Resources, Inc. Attn: Corrie Davis 917 Mill Bay Road Kodiak, Alaska 99615 Memorandum of Understanding 09/19/17 Kodiak Island Borough/Hope Community Resources, Inc. Page 3 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 333 of 424 AGENDA ITEM #D.7. Tel: (907) 512-2500 13. Non -Binding. This MOU is non-binding and is entered into as an expression of the Parties' good faith intent to draft, negotiate, and enter into an agreement regarding the charitable gift to Non -Profit. 14. Assignment. The qualifications and identity of Non -Profit are of particular concern to Borough. It is because of those unique qualifications and identity that Borough has entered into this Agreement with Non -Profit. Accordingly, Non -Profit may not assign its right to negotiate with Borough to any other person or entity. Any purported voluntary or involuntary assignment of Non -Profit's negotiation rights without written approval by the Borough shall be null and void. 15. Applicable Law. This MOU shall be governed by and construed in accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigation arising out of or connected with this MOU shall be instituted and maintained in the courts of the Third Judicial District at Kodiak in the State of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process issued by such courts. 16. Severability. If an provision of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 17. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 18. Counterparts. This MOU may be executed In one or more counterparts, including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original, and all such counterparts, taken together, shall constitute one and the same instrument. 19. Ambiguity. The Parties and their counsel have each carefully reviewed this MOU, and the Parties have agreed to each term of the MOU. No ambiguity shall be presumed to be construed against either Party. 20. Waiver. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. Memorandum of Understanding 09119117 Kodiak Island Sorough/Hope Community Resources, Inc. Page 4 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 334 of 424 AGENDA ITEM #D.7. 21. Headings. The section headings contained in this MOU are inserted for convenience only and shall not affect in any way the meaning or interpretation of this MOU. 22. Authority. The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. ATTEST: Nova M. Javier, CMC Borough Clerk KODIAK ISLAND BOROUGH Michael Powers, Borough Manager NON-PROFIT lZY.Ve-z-c5 -.1x Memorandum of Understanding 09119117 Kodiak Island Borough/Hope Community Resources, Inc. Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 335 of 424 AGENDA ITEM #D.7. Approving Memoranda Of Understanding For Non -Profit Funding Page 336 of 424 AGENDA ITEM #D.7. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into this js day of Deuyjaw-, 2018 ("Effective Date"), by and between the Kodiak Island Borough ("Borough") and Humane Society of Kodiak, an Alaskan non-profit entity ("Non -Profit") (collectively referred to as the "Parties"). RECITALS WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gift in the amount of Four Thousand Dollars ($4,000.00) to Nonprofit for the use and benefit of the Scope of Work as described in section 8, for fiscal year 2018, and the Parties agree as follows: AGREEMENT 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this MOU as though expressly set forth herein. 2. Term. The term of this MOU shall commence on the Effective Date and terminate at the end of the 2018 fiscal year. 3. Contingency. The transfer of money from Borough to Non -Profit is contingent upon the Non -Profit providing its 501(c)(3) or 501(c)(4) financial documentation to Borough. 4. Donations in Lieu of Cash. It is understood and agreed to by and between the Parties that some non-profit organizations may prefer a gift other than a cash Memorandum of Understanding Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 337 of 424 AGENDA ITEM #D.7. donation. The Parties agree to cooperate in good faith to allow other donations in lieu of a cash donation. If such a request is agreed to, a description of the exact type of donation is described below: n/a 5. Non -Discrimination. Non -Profit agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. 6. Independent Contractors. Non -Profit and its representatives, agents, and/or employees are independent contractors. Nothing in this MOU shall be deemed to constitute a partnership or joint venture between the Borough and Non -Profit, nor constitute any Party to be the agent of the other Party for any purpose. 7. Indemnity. Non -Profit shall indemnify, defend and hold the Borough and its elected officials, officers, employees, consultants, agents and contractors harmless from and against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments (including attorney fees) arising from this MOU. 8. Scope of Work. Non -Profit intends to perform the following tasks pursuant to this MOU: funds will be contributed to the Borouoh Spav/Neuter Prooram which It is agreed and acknowledged that the Borough's donation is to be used to improve and implement the services stated above intended to be provided by Non -Profit within the Kodiak Island Borough jurisdiction. The funds or in-kind donation are not intended to be used by Non -Profit in any other way (i.e., not for bonuses to executives or similar administrative overhead expenses). 9. Reporting. The Borough is entitled to know exactly how the donation was used or applied, and Non -Profit shall provide annually a written report to the Borough Assembly detailing the use of the funds within the Non -Profit entity. The written report shall be submitted no later than December 31" each year to the Borough's representative designated to receive Notices as specified in Part 11 below. 10. Defaults and Remedies. a. Default. Failure by either Party to negotiate in good faith as provided in this MOU shall constitute an event of default hereunder. The non -defaulting Party shall give written notice of a default to the defaulting Party, specifying the nature of the default and the required action to cure the default. If a default remains uncured Memorandum of Understanding Page 2 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 338 of 424 AGENDA ITEM #D.7. ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminate this MOU and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profit to indemnify or defend the Borough shall survive such termination. C. No Damages. Neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 11. Third -Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 12. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non - Profit set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Michael Powers, Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486-9302 Non -Profit: Humane Society of Kodiak Attn: Linda Lance PO Box 8783 Kodiak, Alaska 99615 Tel: (907) 654-5717 13. Non -Binding. This MOU is non-binding and is entered into as an expression of the Parties' good faith intent to draft, negotiate, and enter into an agreement regarding the charitable gift to Non -Profit. 14. Assignment. The qualifications and identity of Non -Profit are of particular concern to Borough. It is because of those unique qualifications and identity that Memorandum of Understanding Page 3 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 339 of 424 AGENDA ITEM #D.7. Borough has entered into this Agreement with Non -Profit. Accordingly, Non -Profit may not assign its right to negotiate with Borough to any other person or entity. Any purported voluntary or involuntary assignment of Non -Profit's negotiation rights without written approval by the Borough shall be null and void. 15. Applicable Law. This MOU shall be governed by and construed in accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigation arising out of or connected with this MOU shall be instituted and maintained in the courts of the Third Judicial District at Kodiak in the State of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process issued by such courts. 16. Severability. If an provision of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 17. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 18. Counterparts. This MOU may be executed in one or more counterparts, including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original, and all such counterparts, taken together, shall constitute one and the same instrument. 19. Ambiguity. The Parties and their counsel have each carefully reviewed this MOU, and the Parties have agreed to each term of the MOU. No ambiguity shall be presumed to be construed against either Party. 20. Waiver. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 21. Headings. The section headings contained in this MOU are inserted for convenience only and shall not affect in any way the meaning or interpretation of this MOU. 22. Authority. The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. Memorandum of Understanding Page 4 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 340 of 424 I�111](WIS Nova M. Javier, CMC Borough Clerk Memorandum of Understanding AGENDA ITEM #D.7. KODIAK ISLAND BOROUGH Michael Powers, Borough Manager NON-PROFIT Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 341 of 424 I ., 1. �_�� r oo f - Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 341 of 424 AGENDA ITEM #D.7. Approving Memoranda Of Understanding For Non -Profit Funding Page 342 of 424 AGENDA ITEM #D.7. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into this 19th day of September, 201¢("Effective Date"), by and between the Kodiak Island Borough ("Borough") and Kodiak Area Mentor Program, Inc., an Alaskan non-profit entity ("Non -Profit") (collectively referred to as the "Parties"). RECITAL WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of frfe enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gift in the amount of Four Thousand Dollars ($4 00 .()0 I to Nonprofit for the use and benefit of the Scope of Work as described in section 8, for fiscal year 2018, and the Parties agree as follows: AGREEMENT 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this MOU as though expressly set forth herein. 2. Term. The term of this MOU shall commence on the Effective Date and terminate at the end of the 2018 fiscal year. 3. Contingency. The transfer of money from Borough to Non -Profit is contingent upon the Non -Profit providing its 501(c)(3) or 501(c)(4) financial documentation to Borough. 4. Donations in Lieu of Cash. It is understood and agreed to by and between the Parties that some non-profit organizations may prefer a gift other than a cash Memorandum of Understanding Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 343 of 424 AGENDA ITEM #D.7. donation. The Parties agree to cooperate in good faith to allow other donations in lieu of a cash donation. If such a request is agreed to, a description of the exact type of donation is described below: 5. Non -Discrimination. Non -Profit agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. 6. Independent Contractors. Non -Profit and its representatives, agents, and/or employees are independent contractors. Nothing in this MOU shall be deemed to constitute a partnership or joint venture between the Borough and Non -Profit, nor constitute any Party to be the agent of the other Party for any purpose. 7. Indemn' . Non -Profit shall indemnify, defend and hold the Borough and its elected officials, officers, employees, consultants, agents and contractors harmless from and against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments (including attorney fees) arising from this MOU. 8. Scope of Work. Non -Profit intends to perform the following tasks pursuant to this MOU: funds will provide food childcare supplies and study materials for weekiy It is agreed and acknowledged that the Borough's donation is to be used to improve and implement the services stated above intended to be provided by Non -Profit within the Kodiak Island Borough jurisdiction. The funds or in-kind donation are not intended to be used by Non -Profit in any other way (i.e., not for bonuses to executives or similar administrative overhead expenses). 9. Reporting. The Borough is entitled to know exactly how the donation was used or applied, and Non -Profit shall provide annually a written report to the Borough Assembly detailing the use of the funds within the Non -Profit entity. The written report shall be submitted no later than December 3191 each year to the Borough's representative designated to receive Notices as specified in Part 11 below. 10. Defaults and Remedies. a. Default. Failure by either Party to negotiate in good faith as provided in this MOU shall constitute an event of default hereunder. The non -defaulting Party shall give written notice of a default to the defaulting Party, specifying the nature Memorandum of Understanding Page 2 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 344 of 424 AGENDA ITEM #D.7. of the default and the required action to cure the default. If a default remains uncured ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminate this MOU and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profit to indemnity or defend the Borough shall survive such termination. C. No Damages. Neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 11. Third -Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 12. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non - Profit set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Michael Powers, Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486-9302 Non -Profit: Kodiak Area Mentor Program, Inc. Attn: Jonathan Strong PO Box 2057 Kodiak, Alaska 99615 Tel: (907) 654-5546 13, Non -Binding. This MOU is non-binding and is entered into as an expression of the Parties' good faith intent to draft, negotiate, and enter into an agreement regarding the charitable gift to Non -Profit. Memorandum of Understanding Page 3 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 345 of 424 AGENDA ITEM #D.7. 14. Assignment. The qualifications and identity of Non -Profit are of particular concern to Borough. It is because of those unique qualifications and identity that Borough has entered into this Agreement with Non -Profit. Accordingly, Non -Profit may not assign its right to negotiate with Borough to any other person or entity. Any purported voluntary or involuntary assignment of Non -Profit's negotiation rights without written approval by the Borough shall be null and void. 15. Applicable Law. This MOU shall be governed by and construed in accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigation arising out of or connected with this MOU shall be instituted and maintained in the courts of the Third Judicial District at Kodiak in the Stale of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process issued by such courts. 16. Severability. If an provision of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 17. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 18. Counterparts. This MOU may be executed in one or more counterparts, including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original, and all such counterparts, taken together, shall constitute one and the same instrument. 19. Ambiguity. The Parties and their counsel have each carefully reviewed this MOU, and the Parties have agreed to each term of the MOU. No ambiguity shall be presumed to be construed against either Party. 20. Waiver. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 21. Headings. The section headings contained in this MOU are inserted for convenience only and shall not affect in any way the meaning or interpretation of this MOU. 22. Authod . The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. Memorandum of Understanding Page 4 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 346 of 424 AGENDA ITEM #D.7. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. KODIAK ISLAND BOROUGH Michael Powers, Borough Manager ATTEST: Nova M. Javier, CMC Borough Clerk NON-PROFIT Memorandum of Understanding ,,. Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 347 of 424 AGENDA ITEM #D.7. Approving Memoranda Of Understanding For Non -Profit Funding Page 348 of 424 AGENDA ITEM #D.7. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into this 19 day of September , 2014 ("Effective Date"), by and between the Kodiak Island Borough ("Borough") and Kodiak Area Native Association, an Alaskan non-profit entity ("Non -Profit") (collectively referred to as the °Parties"). RECITALS WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gift In the amount of Four Thousand Dollars ($4,000.00) to Nonprofit for the use and benefit of the Scope of Work as described In section B, for fiscal year 2018, and the Parties agree as follows: 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this MOU as though expressly set forth herein. 2. Term. The term of this MOU shall commence on the Effective Date and terminate at the end of the 2018 fiscal year. 3. Contingency. The transfer of money from Borough to Non -Profit is contingent upon the Non -Profit providing its 501(c)(3) or 501(c)(4) financial documentation to Borough. 4. Donations in Lieu of Cash. it is understood and agreed to by and between the Parties that some non-profit organizations may prefer a gift other than a cash Memorandum of Understanding Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 349 of 424 AGENDA ITEM #D.7. donation. The Parties agree to cooperate in good faith to allow other donations in lieu of a cash donation. If such a request is agreed to, a description of the exact type of donation Is described below: n/a 5. Non -Discrimination. Non -Profit agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic Information, or any other characteristic protected by law. 6. Independent Contractors. Non -Profit and its representatives, agents, and/or employees are independent contractors. Nothing in this MOU shall be deemed to constitute a partnership or joint venture between the Borough and Non -Profit, nor constitute any Party to be the agent of the other Party for any purpose. 7. Indemnity. Non -Profit shall Indemnify, defend and hold the Borough and its elected officials, officers, employees, consultants, agents and contractors harmless from and against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments (including attorney fees) arising from this MOU. S. Scope of Work. Non -Profit intends to perform the following tasks pursuant to this MOU: funds will be allocated between the Women. Infants and Children (WIC) program and its Infant Learning Program (ILP). It is agreed and acknowledged that the Borough's donation is to be used to Improve and implement the services stated above intended to be provided by Non -Profit within the Kodiak Island Borough jurisdiction. The funds or In-kind donation are not Intended to be used by Non -Profit in any other way (i.e., not for bonuses to executives or similar administrative overhead expenses). 9. Reporting. The Borough is entitled to know exactly how the donation was used or applied, and Non -Profit shall provide annually a written report to the Borough Assembly detailing the use of the funds within the Non -Profit entity. The written report shall be submitted no later than December 315t each year to the Borough's representative designated to receive Notices as specified in Part 11 below. 10. Defaults and Remedies. a. Default. Failure by either Party to negotiate in good faith as provided in this MOU shall constitute an event of default hereunder. The non -defaulting Party shall give written notice of a default to the defaulting Party, specifying the nature of the default and the required action to cure the default. If a default remains uncured Memorandum of Understanding Page 2 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 350 of 424 AGENDA ITEM #D.7. ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminate this MOU and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profit to indemnify or defend the Borough shall survive such termination. C. No Damages. Neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or In equity in the event of a default by the other Party, Including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 11. Third -Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 12. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non - Profit set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Michael Powers, Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486-9302 Non -Profit: Kodiak Area Native Association Attn: Andy Teuber 3449 Rezanof Drive East Kodiak, Alaska 99615 Tel: (907) 486-9863 13. Non -Binding. This MOU Is non-binding and Is entered into as an expression of the Parties' good faith intent to draft, negotiate, and enter into an agreement regarding the charitable gift to Non -Profit. 14. Assignment. The qualifications and identity of Non -Profit are of particular concern to Borough. It is because of those unique qualifications and identity that Memorandum of Understanding Page 3 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 351 of 424 AGENDA ITEM #D.7. Borough has entered Into this Agreement with Non -Profit. Accordingly, Non -Profit may not assign its right to negotiate with Borough to any other person or entity. Any purported voluntary or involuntary assignment of Non -Profit's negotiation rights without written approval by the Borough shall be null and void. 15. Applicable Law. This MOU shall be governed by and construed in accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigation arising out of or connected with this MOU shall be instituted and maintained in the courts of the Third Judicial District at Kodiak in the State of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process Issued by such courts. 16. Severability. If an provision of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the Invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 17. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 18. Counterparts. This MOU may be executed in one or more counterparts, including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original, and all such counterparts, taken together, shall constitute one and the same instrument. 19. Ambiqui . The Parties and their counsel have each carefully reviewed this MOU, and the Parties have agreed to each term of the MOU. No ambiguity shall be presumed to be construed against either Party. 20. Waiver. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 21. Headings. The section headings contained in this MOU are inserted for convenience only and shall not affect in any way the meaning or interpretation of this MOU. 22. Authority. The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. Memorandum of Understanding Page 4 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 352 of 424 AGENDA ITEM #D.7. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. KODIAK ISLAND BOROUGH Michael Powers, Borough Manager ATTEST: Nova M. Javier, CMC Borough Clerk NON-PROFIT zz y: Andy Teuber Its: President and CEO Memorandum of Understanding Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 353 of 424 AGENDA ITEM #D.7. Approving Memoranda Of Understanding For Non -Profit Funding Page 354 of 424 AGENDA ITEM #D.7. This Memorandum of Understanding ("MOU") is made and entered into this _11 day of D&,e A"n o i, 20113- ("Effective Date"), by and between the Kodiak Island Borough ("Borough") and Kodiak Arts Council, an Alaskan non-profit entity ("Non- ProfiC) (collectively referred to as the "Parties"). WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gift in the amount of Four Thousand Dollars ($4.000.001 to Nonprofit for the use and benefit of the Scope of Work as described in section 8, for fiscal year 2018, and the Parties agree as follows: 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this MOU as though expressly set forth herein. 2. Term. The term of this MOU shall commence on the Effective Date and terminate at the end of the 201 a fiscal year. 3. Contingency. The transfer of money from Borough to Non -Profit is contingent upon the Non -Profit providing its 501(c)(3) or 501(c)(4) financial documentation to Borough. 4. Donations in Lieu of Cash. Itis understood and agreed to by and between the Parties that some non-profit organizations may prefer a gift other than a cash donation. The Parties agree to cooperate in good faith to allow other donations Memorandum of Understanding Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 355 of 424 AGENDA ITEM #D.7. in lieu of a cash donation. If such a request is agreed to, a description of the exact type of donation is described below: n/a 5. Non -Discrimination. Non -Profit agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. 6. Independent Contractors. Non -Profit and its representatives, agents, and/ or employees are independent contractors. Nothing in this MOU shall be deemed to constitute a partnership or joint venture between the Borough and Non -Profit, nor constitute any Party to be the agent of the other Party for any purpose. 7. Indemni Non -Profit shall indemnify, defend and hold the Borough and its elected officials, officers, employees, consultants, agents and contractors harmless from and against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments (including attorney fees) arising from this MOU. 8. Scope of Work. Non -Profit intends to perform the following tasks pursuant to this MOU: funds will support the arts instruction opportunities offered to the community through the Sum'ArtS for Kids program and WinterArts Series. It is agreed and acknowledged that the Borough's donation is to be used to improve and implement the services stated above intended to be provided by Non -Profit within the Kodiak Island Borough jurisdiction. The funds or in-kind donation are not intended to be used by Non -Profit in any other way (i.e., not for bonuses to executives or similar administrative overhead expenses). 9. Reporting. The Borough is entitled to know exactly how the donation was used or applied, and Non -Profit shall provide annually a written report to the Borough Assembly detailing the use of the funds within the Non -Profit entity. The written report shall be submitted no later than December 31st each year to the Borough's representative designated to receive Notices as specified in Part 11 below. a. Default. Failure by either Party to negotiate in good faith as provided in this MOU shall constitute an event of default hereunder. The non - defaulting Party shall give written notice of a default to the defaulting Party, Memorandum of Understanding Page 2 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 356 of 424 AGENDA ITEM #D.7. specifying the nature of the default and the required action to cure the default. If a default remains uncured ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminate this MOU and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profit to indemnify or defend the Borough shall survive such termination. C. No Damages. Neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 11. Third -Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 12. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non -Profit set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Michael Powers, Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486-9302 Non -Profit: Kodiak Arts Council Memorandum of Understanding Page 3 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 357 of 424 AGENDA ITEM #D.7. Attn: Katie Oliver PO Box 1792 Kodiak, Alaska 99615 Tel: (907) 486-5291 13. Non -Binding. This MOU is non-binding and is entered into as an expression of the Parties' good faith intent to draft, negotiate, and enter into an agreement regarding the charitable gift to Non -Profit. 14. Assignment. The qualifications and identity of Non -Profit are of particular concern to Borough. It is because of those unique qualifications and identity that Borough has entered into this Agreement with Non -Profit. Accordingly, Non -Profit may not assign its right to negotiate with Borough to any other person or entity. Any purported voluntary or involuntary assignment of Non -Profit's negotiation rights without written approval by the Borough shall be null and void. 15. Applicable Law. This MOU shall be governed by and construed in accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigation arising out of or connected with this MOU shall be instituted and maintained in the courts of the Third Judicial District at Kodiak in the State of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process issued by such courts. 16. Severability. If an provision of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 17. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 18. Counterparts. This MOU may be executed in one or more counterparts, including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original, and all such counterparts, taken together, shall constitute one and the same instrument. 19. Ambiqui The Parties and their counsel have each carefully reviewed this MOU, and the Parties have agreed to each term of the MOU. No ambiguity shall be presumed to be construed against either Party. Memorandum of Understanding Page 4 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 358 of 424 AGENDA ITEM #D.7. 20. Waiver. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 21. Headings. The section headings contained in this MOU are inserted for convenience only and shall not affect in any way the meaning or interpretation of this MOU. 22. Authority. The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. ATTEST Nova M. Javier, CMC Borough Clerk KODIAK ISLAND BOROUGH Michael Powers, Borough Manager NON-PROFIT .7.�� 460 Memorandum of Understanding Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 359 of 424 AGENDA ITEM #D.7. Approving Memoranda Of Understanding For Non -Profit Funding Page 360 of 424 AGENDA ITEM #D.7. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into this 5th day of October, 2017 ("Effective Date"), by and between the Kodiak Island Borough ('Borough") and Kodiak Rodeo and State Fair, an Alaskan non-profit entity ("Non - Profit") (collectively referred to as the "Parties"). RECITALS WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gift in the amount of Four Thousand Dollars ($4,000.00) to Nonprofit for the use and benefit of the Scope of Work as described in section 8, for fiscal year 2018, and the Parties agree as follows: AGREEMENT 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this MOU as though expressly set forth herein. 2. Term. The tens of this MOU shall commence on the Effective Date and terminate at the end of the 2018 fiscal year. 3. Contingency. The transfer of money from Borough to Non -Profit is contingent upon the Non -Profit providing its 501(c)(3) or 501(c)(4) financial documentation to Borough. 4. Donations in Lieu of Cash. It is understood and agreed to by and between the Parties that some non-profit organizations may prefer a gift other than a cash Memorandum of Understanding Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 361 of 424 AGENDA ITEM #D.7. donation. The Parties agree to cooperate in good faith to allow other donations in lieu of a cash donation. If such a request is agreed to, a description of the exact type of donation is described below: n/a 5. Non -Discrimination. Non -Profit agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. 6. Independent Contractors. Non -Profit and its representatives, agents, and/or employees are independent contractors. Nothing in this MOU shall be deemed to constitute a partnership or joint venture between the Borough and Non -Profit, nor constitute any Party to be the agent of the other Party for any purpose. 7. Indemnity. Non -Profit shall indemnify, defend and hold the Borough and its elected officials, officers, employees, consultants, agents and contractors harmless from and against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments (including attorney fees) arising from this MOU. 8. Scope of Work. Non -Profit intends to perform the following tasks pursuant to this MOU: funds will contribute to the cost of making repairs to the foundation of the caretaker cabin located on the fairgrounds which has become unleveled through erosion and settling over time. It is agreed and acknowledged that the Borough's donation is to be used to improve and implement the services stated above intended to be provided by Non -Profit within the Kodiak Island Borough jurisdiction. The funds or in-kind donation are not intended to be used by Non -Profit in any other way (i.e., not for bonuses to executives or similar administrative overhead expenses). 9. Reoorting. The Borough is entitled to know exactly how the donation was used or applied, and Non -Profit shall provide annually a written report to the Borough Assembly detailing the use of the funds within the Non -Profit entity. The written report shall be submitted no later than December 3151 each year to the Borough's representative designated to receive Notices as specified in Part 11 below. 10. Defaults and Remedies. a. Default. Failure by either Party to negotiate in good faith as provided in this MOU shall constitute an event of default hereunder. The non -defaulting Party shall give written notice of a default to the defaulting Party, specifying the nature Memorandum of Understanding Page 2 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 362 of 424 AGENDA ITEM #D.7. of the default and the required action to cure the default. If a default remains uncured ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminate this MOU and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profit to indemnify or defend the Borough shall survive such termination. C. No Damages. Neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 11. Third -Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 12. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non - Profit set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Michael Powers, Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486-9302 Non -Profit: Kodiak Rodeo and State Fair Attn: Sadie McCusker PO Box 507 Kodiak, Alaska 99615 Tel: (907) 487-4440 13. Non -Binding. This MOU is non-binding and is entered into as an expression of the Parties' good faith intent to draft, negotiate, and enter into an agreement regarding the charitable gift to Non -Profit. Memorandum of Understanding Page 3 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 363 of 424 AGENDA ITEM #D.7. 14. Assignment. The qualifications and identity of Non -Profit are of particular concern to Borough. It is because of those unique qualifications and identity that Borough has entered into this Agreement with Non -Profit. Accordingly, Non -Profit may not assign its right to negotiate with Borough to any other person or entity. Any purported voluntary or involuntary assignment of Non -Profit's negotiation rights without written approval by the Borough shall be null and void. 15. Aoolicable Law. This MOU shall be governed by and construed in accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigation arising out of or connected with this MOU shall be instituted and maintained in the courts of the Third Judicial District at Kodiak in the State of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process issued by such courts. 16. Severability. If an provision of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 17. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 18. Counterparts. This MOU may be executed in one or more counterparts, including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original, and all such counterparts, taken together, shall constitute one and the same instrument. 19. Ambiguity. The Parties and their counsel have each carefully reviewed this MOU, and the Parties have agreed to each term of the MOU. No ambiguity shall be presumed to be construed against either Party. 20. Waiver. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 21. Headings. The section headings contained in this MOU are inserted for convenience only and shall not affect in any way the meaning or interpretation of this MOU. 22. Authority. The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. Memorandum of Understanding Page 4 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 364 of 424 AGENDA ITEM #D.7. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. ATTEST: Nova M. Javier, CMC Borough KODIAK ISLAND BOROUGH Michael Powers, Borough Manager NON-PROFIT: Kodiak Rodeo and State Fair Inc. By: Sadie McCusker Its: President Memorandum of Understanding Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 365 of 424 AGENDA ITEM #D.7. Approving Memoranda Of Understanding For Non -Profit Funding Page 366 of 424 AGENDA ITEM #D.7. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into this 19`h day of September , 2017 ("Effective Date"), by and between the Kodiak Island Borough ('Borough") and Kodiak Soil and Water Conservation District, an Alaskan non-profit entity ("Non -Profit") (collectively referred to as the "Parties"). RECITALS WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of fife enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gift in the amount of Four Thousand Dollars ($4,000.00) to Nonprofit for the use and benefit of the Scope of Work as described in section 8, for fiscal year 2018, and the Parties agree as follows: AGREEMENT 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this MOU as though expressly set forth herein. 2. Term. The term of this MOU shall commence on the Effective Date and terminate at the end of the 2018 fiscal year. 3. Contingency. The transfer of money from Borough to Non -Profit is contingent upon the Non -Profit providing its 501(c)(3) or 501(c)(4) financial documentation to Borough. 4. Donations in Lieu of Cash. It is understood and agreed to by and between the Parties that some non-profit organizations may prefer a gift other than a cash Memorandum of Understanding Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 367 of 424 AGENDA ITEM #D.7. donation. The Parties agree to cooperate in good faith to allow other donations in lieu of a cash donation. If such a request is agreed to, a description of the exact type of donation is described below: 5. Non -Discrimination. Non -Profit agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. 6. Independent Contractors. Non -Profit and its representatives, agents, and/or employees are independent contractors. Nothing in this MOU shall be deemed to constitute a partnership or joint venture between the Borough and Non -Profit, nor constitute any Party to be the agent of the other Party for any purpose. 7. Indemnity. Non -Profit shall indemnify, defend and hold the Borough and its elected officials, officers, employees, consultants, agents and contractors harmless from and against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments (including attorney fees) arising from this MOU. 8. Scope of Work. Non -Profit intends to perform the following tasks pursuant to this MOU: funds will nrovide nafnral rPCniirCP Prhi1 ntinnnl an}Ivi}iac thm,inknid iho miscellaneous costs. It is agreed and acknowledged that the Borough's donation is to be used to improve and implement the services stated above intended to be provided by Non -Profit within the Kodiak Island Borough jurisdiction. The funds or in-kind donation are not intended to be used by Non -Profit in any other way (i.e., not for bonuses to executives or similar administrative overhead expenses). 9. Reporting. The Borough is entitled to know exactly how the donation was used or applied, and Non -Profit shall provide annually a written report to the Borough Assembly detailing the use of the funds within the Non -Profit entity. The written report shall be submitted no later than December 3191 each year to the Borough's representative designated to receive Notices as specified In Part 11 below. 10. Defaults and Remedies. a. Default. Failure by either Party to negotiate in good faith as provided in this MOO shall constitute an event of default hereunder. The non -defaulting Party shall give written notice of a default to the defaulting Party, specifying the nature Memorandum of Understanding Page 2 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 368 of 424 AGENDA ITEM #D.7. of the default and the required action to cure the default. If a default remains uncured ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminate this MOU and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profft to indemnify or defend the Borough shall survive such termination. C. No Damages. Neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 11. Third -Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 12. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non - Profit set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Michael Powers, Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486-9302 Non -Profit: Kodiak Soil and Water Conservation District Attn: Blythe Brown 518 West Marine Way, Suite 206 Kodiak, Alaska 99615 Tel: (907) 486-5574 13. Non -Binding. This MOU is non-binding and is entered into as an expression of the Parties' good faith intent to draft, negotiate, and enter into an agreement regarding the charitable gift to Non -Profit. Memorandum of Understanding Page 3 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 369 of 424 AGENDA ITEM #D.7. 14. Assignment. The qualifications and identity of Non -Profit are of particular concern to Borough. It is because of those unique qualifications and identity that Borough has entered into this Agreement with Non -Profit. Accordingly, Non -Profit may not assign its right to negotiate with Borough to any other person or entity. Any purported voluntary or involuntary assignment of Non -Profit's negotiation rights without written approval by the Borough shall be null and void. 15. Applicable law. This MOU shall be governed by and construed in accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigation arising out of or connected with this MOU shall be instituted and maintained in the courts of the Third Judicial District at Kodiak in the State of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process issued by such courts. 16. Severability. If an provision of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 17. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 18. Counterparts. This MOU may be executed in one or more counterparts, including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original, and all such counterparts, taken together, shall constitute one and the same instrument. 19. Ambiguity. The Parties and their counsel have each carefully reviewed this MOU, and the Parties have agreed to each term of the MOU. No ambiguity shall be presumed to be construed against either Party. 20. Waiver. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 21. Headings. The section headings contained in this MOU are inserted for convenience only and shall not affect in any way the meaning or interpretation of this MOU. 22. Authority. The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. Memorandum of Understanding Page 4 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 370 of 424 AGENDA ITEM #D.7. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. I•:tIIIIIII�'1tA Nova M. Javier, CMC Borough Clerk Memorandum of Understanding KODIAK ISLAND BOROUGH Michael Powers, Borough Manager NON-PROFIT Kodiak Soil and Water Qokervation District By: Blythe Brown = t Its: Acting District Manahff Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 371 of 424 AGENDA ITEM #D.7. Approving Memoranda Of Understanding For Non -Profit Funding Page 372 of 424 AGENDA ITEM #D.7. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into this 101° day of October, 2017 ('Effective Date'), by and between the Kodiak Island Borough ("Borough") and Native Village of Port Lions, an Alaskan tribal entity ("Grantee") (collectively referred to as the "Parties"). RECITALS WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gift in the amount of Four Thousand Dollars ($4,000.00) to the Native Village of Port Lions for the use and benefit of the Scope of Work as described in section 8, for fiscal year 2018, and the Parties agree as follows: 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this MOU as though expressly set forth herein. 2. Term. The term of this MOU shall commence on the Effective Date and terminate at the end of the 2018 fiscal year. 3. Continoenov. The transfer of money from Borough to Grantee is contingent upon the Grantee providing its financial documentation to Borough. 4. Donations in Lieu of Cash. It is understood and agreed to by and between the Parties that some organizations may prefer a gift other than a cash donation. The Parties agree to cooperate in good Faithto allow other donations in lieu of a cash donation. If such a request is agreed to, a description of the exact type of donation is described below: Memorandum of Understanding Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 373 of 424 AGENDA ITEM #D.7. 5. Non -Discrimination. Grantee agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. 6. Independent Contractors. Grantee and its representatives, agents, and/or employees are independent contractors. Nothing in this MOU shall be deemed to constitute a partnership or joint venture between the Borough and Grantee, nor constitute any Party to be the agent of the other Party for any purpose. 7. In emni . Grantee shall indemnify, defend and hold the Borough and its elected officials, officers, employees, consultants, agents and contractors harmless from and against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments (including attorney fees) arising from this MOU. a. Scope of Work. Grantee Intends to perform the following tasks pursuant to this MOU: funds will contribute to the renovation of the tribal building needed to addrpcc It is agreed and acknowledged that the Borough's donation is to be used to improve and implement the services stated above intended to be provided by the Grantee within the Kodiak Island Borough jurisdiction. The funds or in-kind donation are not intended to be used by Grantee in any other way (i.e., not for bonuses to executives or similar administrative overhead expenses). 9. Reoortino. The Borough is entitled to know exactly how the donation was used or applied, and Grantee shall provide annually a written report to the Borough Assembly detailing the use of the funds within the entity. The written report shall be submitted no later than December 318t each year to the Borough's representative designated to receive Notices as specified in Part 11 below. 10. Defaults and Remedies. a. Default. Failure by either Party to negotiate in good faith as provided in this MOU shall constitute an event of default hereunder. The non -defaulting Party shall give written notice of a default to the defaulting Party, specifying the nature of the default and the required action to cure the default. If a default remains uncured ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminate this MOU Memorandum of Understanding Page 2 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 374 of 424 AGENDA ITEM #D.7. and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Grantee to indemnify or defend the Borough shall survive such termination. C. No Damages. Neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity In the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 11. Third -Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 12. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Grantee set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Michael Powers, Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486-9302 Non -Profit: Native Village of Port Lions Attn: Yvonne Mullen PO Box 69 Port Lions, Alaska 99550 Tel: (907) 4542234 13. Nan -Binding. This MOU is non-binding and is entered into as an expression of the Parties' good faith intent to draft, negotiate, and enter into an agreement regarding the charitable gift to the Native Village of Port Lions. 14. Assignment The qualifications and identity of Grantee are of particular concern to Borough. It is because of those unique qualifications and identity that Borough has entered into this Agreement with Grantee. Accordingly, Grantee may not assign its right to negotiate with Borough to any other person or entity. Any purported voluntary or involuntary assignment of Grantee's negotiation rights without written approval by the Borough shall be null and void. Memorandum of Understanding Page 3 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 375 of 424 AGENDA ITEM #D.7. 15. Applicable Law. This MOU shall be governed by and construed in accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigation arising out of or connected with this MOU shall be instituted and maintained in the courts of the Third Judicial District at Kodiak in the State of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process issued by such courts. 16. Severability, If an provision of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 17. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 18. Counterparts. This MOU may be executed in one or more counterparts, including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original, and all such counterparts, taken together, shall constitute one and the same instrument. 19. AmbiquiN. The Parties and their counsel have each carefully reviewed this MOU, and the Parties have agreed to each term of the MOU. No ambiguity shall be presumed to be construed against either Party. 20. Waiver. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 21. Headings. The section headings contained in this MOU are inserted for convenience only and shall not affect in any way the meaning or interpretation of this MOU. 22. Authority . The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. Memorandum of Understanding Page 4 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 376 of 424 ATTEST: Nova M. Javier, CMC Borough Clerk Memorandum of Understanding AGENDA ITEM #D.7. KODIAK ISLAND BOROUGH Michael Powers, Borough Manager GRANTEE Denise May, President Port Lions Traditional Tribal Council Native Village of Port Lions Katrina Gundersen, SecretaryTreasurer Port Lions Traditional Tribal Council Native Village of Port Lions Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 377 of 424 AGENDA ITEM #D.7. Approving Memoranda Of Understanding For Non -Profit Funding Page 378 of 424 AGENDA ITEM #D.7. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into this day of July 1, 2017 ("Effective Date"), by and between the Kodiak Island Borough ("Borough") and Kodiak Teen Court. Inc., an Alaskan non-profit entity ("Non -Profit") (collectively referred to as the 'Parties"). RECITALS WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gift in the amount of Six Thousand Two Hundred Eleven Dollars ($6.211) to Nonprofit for the use and benefit of the Scope of Work as described in section 8, for fiscal year 2018, and the Parties agree as follows: 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this MOU as though expressly set forth herein. 2. Term. The term of this MOU shall commence on the Effective Date and terminate at the end of the 2018 fiscal year. 3. Contingency. The transfer of money from Borough to Non -Profit is contingent upon the Non -Profit providing its 501(c)(3) or 501(c)(4) financial documentation to Borough. Memorandum of Understanding Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 379 of 424 AGENDA ITEM #D.7. 4. Donations in Lieu of Cash. It is understood and agreed to by and between the Parties that some non-profit organizations may prefer a gift other than a cash donation. The Parties agree to cooperate in good faith to allow other donations in lieu of a cash donation. If such a request is agreed to, a description of the exact type of donation is described below: Space rent in the Borough Annex Building in lieu of cash 5. Non -Discrimination. Non -Profit agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. 6. Independent Contractors. Non -Profit and its representatives, agents, and/or employees are independent contractors. Nothing in this MOU shall be deemed to constitute a partnership or joint venture between the Borough and Non -Profit, nor constitute any Party to be the agent of the other Party for any purpose. 7. Indemnity. Non -Profit shall indemnify, defend and hold the Borough and its elected officials, officers, employees, consultants, agents and contractors harmless from and against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments (including attorney fees) arising from this MOU. 8. Scope of Work. Non -Profit intends to perform the following tasks pursuant to this MOU: funds will be used to defray the expenses associated with the rental office space which is key to maintaining an ongoing program on Kodiak Island. It is agreed and acknowledged that the Borough's donation is to be used to improve and implement the services stated above intended to be provided by Non -Profit within the Kodiak Island Borough jurisdiction. The funds or in-kind donation are not intended to be used by Non -Profit in any other way (i.e., not for bonuses to executives or similar administrative overhead expenses). 9. Reporting. The Borough is entitled to know exactly how the donation was used or applied, and Non -Profit shall provide annually a written report to the Borough Assembly detailing the use of the funds within the Non -Profit entity. The written report shall be submitted no later than December 315' each year to the Borough's representative designated to receive Notices as specified in Part 11 below. 10. Defaults and Remedies. a. Default. Failure by either Party to negotiate in good faith as provided in this MOU shall constitute an event of default hereunder. The non -defaulting Memorandum of Understanding Page 2 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 380 of 424 AGENDA ITEM #D.7. Party shall give written notice of a default to the defaulting Party, specifying the nature of the default and the required action to cure the default. If a default remains uncured ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminate this MOU and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profit to indemnify or defend the Borough shall survive such termination. C. No Damages. Neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 11. Third -Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 12. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non - Profit set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Michael Powers, Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486-9302 Non -Profit: Kodiak Teen Court 610 Upper Mill Bay Road Kodiak, Alaska 99615 Tel: (907) 486-3550 13. Non -Binding. This MOU is non-binding and is entered into as an expression of the Parties' good faith intent to draft, negotiate, and enter into an agreement regarding the charitable gift to Non -Profit. Memorandum of Understanding Page 3 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 381 of 424 AGENDA ITEM #D.7. 14. Assignment. The qualifications and identity of Non -Profit are of particular concern to Borough. It is because of those unique qualifications and identity that Borough has entered into this Agreement with Non -Profit. Accordingly, Non -Profit may not assign its right to negotiate with Borough to any other person or entity. Any purported voluntary or involuntary assignment of Non -Profit's negotiation rights without written approval by the Borough shall be null and void. 15. Applicable Law. This MOU shall be governed by and construed in accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigation arising out of or connected with this MOU shall be instituted and maintained in the courts of the Third Judicial District at Kodiak in the State of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process issued by such courts. 16. Severability. If an provision of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 17. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 18. Counterparts. This MOU may be executed in one or more counterparts, including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original, and all such counterparts, taken together, shall constitute one and the same instrument. 19. Ambiguity. The Parties and their counsel have each carefully reviewed this MOU, and the Parties have agreed to each term of the MOU. No ambiguity shall be presumed to be construed against either Party. 20. Waiver. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 21. Headings. The section headings contained in this MOU are inserted for convenience only and shall not affect in any way the meaning or interpretation of this MOU. 22. Authority. The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. Memorandum of Understanding Page 4 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 382 of 424 AGENDA ITEM #D.7. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. KODIAK ISLAND BOROUGH Michael Powers, Borough Manager ATTEST: Nova M. Javier, CMC Borough Clerk NON-PROFIT Kodiak Teen Court, Inc. Darlene J Turner, Executive Director Its: Memorandum of Understanding Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 383 of 424 AGENDA ITEM #D.7. Approving Memoranda Of Understanding For Non -Profit Funding Page 384 of 424 AGENDA ITEM #D.7. MEMORANDUM OF UNDERSTANDING -- This Memorandum of Understanding ("MOU") is made and entered into this L day of 2018 ("Effective Date"), by and between the Kodiak Island Borough ("Borough") and Providence Kodiak Island Counseling Center, an Alaskan non-profit entity ("Non -Profit") (collectively referred to as the "Parties"). RECITALS WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gift in the amount of Seventeen Thousand Dollars ($17,000.00) to Nonprofit for the use and benefit of the Scope of Work as described in section 8, for fiscal year 2018, and the Parties agree as follows: AGREEMENT 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this MOU as though expressly set forth herein. 2. Term. The term of this MOU shall commence on the Effective Date and terminate at the end of the 2018 fiscal year. 3. Contingency. The transfer of money from Borough to Non -Profit is contingent upon the Non -Profit providing its 501(c)(3) or 501(c)(4) financial documentation to Borough. Memorandum of Understanding Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 385 of 424 AGENDA ITEM #D.7. 4. Donations in Lieu of Cash. It is understood and agreed to by and between the Parties that some non-profit organizations may prefer a gift other than a cash donation. The Parties agree to cooperate in good faith to allow other donations in lieu of a cash donation. If such a request is agreed to, a description of the exact type of donation is described below: 5. Non -Discrimination. Non -Profit agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. 6. Independent Contractors. Non -Profit and its representatives, agents, and/or employees are independent contractors. Nothing in this MOU shall be deemed to constitute a partnership or joint venture between the Borough and Non -Profit, nor constitute any Party to be the agent of the other Party for any purpose. 7. Indemnity. Non -Profit shall indemnify, defend and hold the Borough and its elected officials, officers, employees, consultants, agents and contractors harmless from and against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments (including attorney fees) arising from this MOU. 8. Scope of Work. Non -Profit intends to perform the following tasks pursuant to this MOU: Provide emergency assessments and crisis consultation at the Kodiak to pay for services. It is agreed and acknowledged that the Borough's donation is to be used to improve and implement the services stated above intended to be provided by Non -Profit within the Kodiak Island Borough jurisdiction. The funds or in-kind donation are not intended to be used by Non -Profit in any other way (i.e., not for bonuses to executives or similar administrative overhead expenses). 9. Reporting. The Borough is entitled to know exactly how the donation was used or applied, and Non -Profit shall provide annually a written report to the Borough Assembly detailing the use of the funds within the Non -Profit entity. The written report shall be submitted no later than December 315' each year to the Borough's representative designated to receive Notices as specified in Part 11 below. 10. Defaults and Remedies. Memorandum of Understanding Page 2 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 386 of 424 AGENDA ITEM #D.7. a. Default. Failure by either Party to negotiate in good faith as provided in this MOU shall constitute an event of default hereunder. The non -defaulting Party shall give written notice of a default to the defaulting Party, specifying the nature of the default and the required action to cure the default. If a default remains uncured ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminate this MOU and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profit to indemnify or defend the Borough shall survive such termination. C. No Damages. Neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 11. Third -Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 12. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non - Profit set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Michael Powers, Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 4B6-9302 Non -Profit: Providence Kodiak Island Counseling Center Attn: Mary Guilas Hawver 717 E. Rezanof Drive Kodiak, Alaska 99615 Tel: (907) 481-2423 Memorandum of Understanding Page 3of5 Approving Memoranda Of Understanding For Non -Profit Funding Page 387 of 424 AGENDA ITEM #D.7. 13. Non -Binding. This MOU is non-binding and is entered into as an expression of the Parties' good faith intent to draft, negotiate, and enter into an agreement regarding the charitable gift to Non -Profit. 14. Assignment. The qualifications and identity of Non -Profit are of particular concern to Borough. It is because of those unique qualifications and identity that Borough has entered into this Agreement with Non -Profit. Accordingly, Non -Profit may not assign its right to negotiate with Borough to any other person or entity. Any purported voluntary or involuntary assignment of Non -Profit's negotiation rights without written approval by the Borough shall be null and void. 15. Applicable Law. This MOU shall be governed by and construed in accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigation arising out of or connected with this MOU shall be instituted and maintained in the courts of the Third Judicial District at Kodiak in the State of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process issued by such courts. 16. Severability. If an provision of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 17. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 18. Counterparts. This MOU may be executed in one or more counterparts, including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original, and all such counterparts, taken together, shall constitute one and the same instrument. 19. Ambiguity. The Parties and their counsel have each carefully reviewed this MOU, and the Parties have agreed to each term of the MOU. No ambiguity shall be presumed to be construed against either Party. 20. Waiver. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 21. Headings. The section headings contained in this MOU are inserted for convenience only and shall not affect in any way the meaning or interpretation of this MOU. Memorandum of Understanding Page 4 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 38B of 424 AGENDA ITEM #D.7. 22. Authority. The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. ATTEST: M. Javier, CMC Borough Clerk KODIAK ISLAND BOROUGH Michael Powers, Borough Manager NON-PROFIT I'rov i AAGe %V' fi(A sk 1s/a,��C COGvi�le(l By: Its: Dire cforr Memorandum of Understanding Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 389 of 424 AGENDA ITEM #D.7. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into this 15t7_ day of2018-("Effective Date"), by and between the Kodiak Island Borough ("Borough") and Hospice and Palliative Care of Kodiak, an Alaskan non- profit entity ("Non -Profit") (collectively referred to as the "Parties"). RECITALS. WHEREAS, the Borough is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gift in the amount of Four Thousand Dollars ($4,000.00) to Nonprofit for the use and benefit of the Scope of Work as described in section 8, for fiscal year 2018, and the Parties agree as follows: AGREEMENT 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this MOU as though expressly set forth herein. 2. Term. The term of this MOU shall commence on the Effective Date and terminate at the end of the 2018 fiscal year. 3. Contingency. The transfer of money from Borough to Non -Profit is contingent upon the Non -Profit providing its 501(c)(3) or 501(c)(4) financial documentation to Borough. 4. Donations in Lieu of Cash. It is understood and agreed to by and between the Parties that some non-profit organizations may prefer a gift other than a cash Memorandum of Understanding Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 390 of 424 AGENDA ITEM #D.7. donation. The Parties agree to cooperate in good faith to allow other donations in lieu of a cash donation. If such a request is agreed to, a description of the exact type of donation is described below: 5. Non -Discrimination. Non -Profit agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. 6. Independent Contractors. Non -Profit and its representatives, agents, and/or employees are independent contractors. Nothing in this MOU shall be deemed to constitute a partnership or joint venture between the Borough and Non -Profit, nor constitute any Party to be the agent of the other Party for any purpose. 7. Indemni . Non -Profit shall indemnify, defend and hold the Borough and its elected officials, officers, employees, consultants, agents and contractors harmless from and against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments (including attorney fees) arising from this MOU. 8. Scope of Work. Non -Profit intends to perform the following tasks pursuant to this MOU: Funds will help to offset some of the salaries of the two employees who coordinate services between clients volunteers and other agencies to help care for those facing the end of life and provide bereavement services to the community_ It is agreed and acknowledged that the Borough's donation is to be used to improve and implement the services stated above intended to be provided by Non -Profit within the Kodiak Island Borough jurisdiction. The funds or in-kind donation are not intended to be used by Non -Profit in any other way (i.e., not for bonuses to executives or similar administrative overhead expenses). 9. Reporting. The Borough is entitled to know exactly how the donation was used or applied, and Non -Profit shall provide annually a written report to the Borough Assembly detailing the use of the funds within the Non -Profit entity. The written report shall be submitted no later than December 3151 each year to the Borough's representative designated to receive Notices as specified in Part 11 below. 10. Defaults and Remedies. a. Default. Failure by either Party to negotiate in good faith as provided in this MOU shall constitute an event of default hereunder. The non -defaulting Party shall give written notice of a default to the defaulting Party, specifying the nature Memorandum of Understanding Page 2 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 391 of 424 AGENDA ITEM #D.7. of the default and the required action to cure the default. If a default remains uncured ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminate this MOU and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profit to indemnify or defend the Borough shall survive such termination. C. No Damages. Neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 11. Third -Party. Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 12. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non - Profit set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Michael Powers, Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486-9302 Non -Profit: Hospice and Palliative Care of Kodiak Attn: Joanne Quass PO Box 8682 Kodiak, Alaska 99615 Tel: (907) 512-0600 13. Non-Bindinq. This MOU is non-binding and is entered into as an expression of the Parties' good faith intent to draft, negotiate, and enter into an agreement regarding the charitable gift to Non -Profit. Memorandum of Understanding Page 3 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 392 of 424 AGENDA ITEM #D.7. 14. Assignment. The qualifications and identity of Non -Profit are of particular concern to Borough. It is because of those unique qualifications and identity that Borough has entered into this Agreement with Non -Profit. Accordingly, Non -Profit may not assign its right to negotiate with Borough to any other person or entity. Any purported voluntary or involuntary assignment of Non -Profit's negotiation rights without written approval by the Borough shall be null and void. 15. Applicable Law. This MOU shall be governed by and construed in accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigation arising out of or connected with this MOU shall be instituted and maintained in the courts of the Third Judicial District at Kodiak in the State of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process issued by such courts. 16. Severability. If an provision of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 17. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 18. Counterparts. This MOU may be executed in one or more counterparts, including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original, and all such counterparts, taken together, shall constitute one and the same instrument. 19. Ambiguity. The Parties and their counsel have each carefully reviewed this MOU, and the Parties have agreed to each term of the MOU. No ambiguity shall be presumed to be construed against either Party. 20. Waiver. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 21. Headings. The section headings contained in this MOU are inserted for convenience only and shall not affect in any way the meaning or interpretation of this MOU. 22. Authority. The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. Memorandum of Understanding Page 4 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 393 of 424 AGENDA ITEM #D.7. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. KODIAK ISLAND BOROUGH Michael Powers, Borough Manager ATTEST: Nova M. Javier, CMC Borough Clerk NON-PROFIT (��(-5S_ L:: 0 By: Alan L. Schmitt Its: Board President Memorandum of Understanding Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 394 of 424 AGENDA ITEM #D.7. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into this 154 day of Dece .r , 20115 ("Effective Date"), by and between the Kodiak Island Borough ("Borough") and Kodiak Public Broadcasting, Incorporated, an Alaskan non-profit entity ("Non -Profit") (collectively referred to as the "Parties"). RECITALS WHEREAS, the Borough Is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community. NOW, THEREFORE, the Borough wishes to make a charitable gift in the amount of Four Thousand Dollars ($A&LO.001 to Nonprofit for the use and benefit of the Scope of Work as described in section 8, for fiscal year 2018, and the Parties agree as follows: AGREEMENT 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this MOU as though expressly set forth herein. 2. Term. The term of this MOU shall commence on the Effective Date and terminate at the end of the 2018 fiscal year. 3. Contincency. The transfer of money from Borough to Non -Profit is contingent upon the Non -Profit providing its 501(c)(3) or 501(c)(4) financial documentation to Borough. 4. Donations in Lieu of Cash. It is understood and agreed to by and between the Parties that some non-profit organizations may prefer a gift other than a cash Memorandum of Understanding Page 1 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 395 of 424 donation. The Parties agree to cooperate of a cash donation. If such a request is donation is described below: AGENDA ITEM #D.7. in good faith to allow other donations in lieu agreed to, a description of the exact type of 5. Non -Discrimination. Non -Profit agrees that it will ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. 6. Independent Contractors. Non -Profit and its representatives, agents, and/or employees are independent contractors. Nothing in this MOU shall be deemed to constitute a partnership or joint venture between the Borough and Non -Profit, nor constitute any Party to be the agent of the other Party for any purpose. 7. Indemnity. Non -Profit shall indemnify, defend and hold the Borough and its elected officials, officers, employees, consultants, agents and contractors harmless from and against any and all actions, claims, damages, liabilities, liens, obligations, demands and judgments (including attorney fees) arising from this MOU. 8. Scope of Work. Non -Profit intends to perform the following tasks pursuant to this MOU: funds will contribute to the cost of providing the oublic broadcast radio programming to Kodiak and village communities. It is agreed and acknowledged that the Borough's donation is to be used to improve and implement the services stated above intended to be provided by Non -Profit within the Kodiak Island Borough jurisdiction. The funds or in-kind donation are not intended to be used by Non -Profit in any other way (i.e., not for bonuses to executives or similar administrative overhead expenses). 9. Reporting. The Borough is entitled to know exactly how the donation was used or applied, and Non -Profit shall provide annually a written report to the Borough Assembly detailing the use of the funds within the Non -Profit entity. The written report shall be submitted no later than December 315' each year to the Borough's representative designated to receive Notices as specified in Part 11 below. 10. Defaults and Remedies. a. Default. Failure by either Party to negotiate in good faith as provided in this MOU shall constitute an event of default hereunder. The non -defaulting Party shall give written notice of a default to the defaulting Party, specifying the nature of the default and the required action to cure the default. If a default remains uncured Memorandum of Understanding Page 2 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 396 of 424 AGENDA ITEM #D.7. ten (10) days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth below. b. Exclusive Remedies for Default. In the event of an uncured default by a Party, the other Party's sole and exclusive remedy shall be to terminate this MOU and neither Party shall have any further right, remedy or obligation under this MOU ; provided, however, any obligation under a specific provision of this MOU for Non-profit to indemnify or defend the Borough shall survive such termination. C. No Damages. Neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 11. Third -Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights in any person or entity other than the Parties. 12. Notices. All notices and communications in connection with this MOU shall be in writing and shall be deemed given when delivered by personal service, or three (3) business days after placement in the U.S. Mail, certified, return receipt requested, postage prepaid, and addressed to the addresses for Borough and Non - Profit set forth below, or such other addresses as either Party may designate by written notice to the other in accordance with this Section 10. Borough: Kodiak Island Borough Attn: Michael Powers, Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Tel: (907) 486-9302 Non -Profit: Kodiak Public Broadcasting, Incorporated Attn: Michael J. Wall 620 Egan Way Kodiak, Alaska 99615 Tel: (907) 486-3181 13. Non -Binding. This MOU is non-binding and is entered into as an expression of the Parties' good faith intent to draft, negotiate, and enter into an agreement regarding the charitable gift to Non -Profit. 14. Assignment. The qualifications and identity of Non -Profit are of particular concern to Borough. It is because of those unique qualifications and identity that Memorandum of Understanding Page 3 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 397 of 424 AGENDA ITEM #D.7. Borough has entered into this Agreement with Non -Profit. Accordingly, Non -Profit may not assign its right to negotiate with Borough to any other person or entity. Any purported voluntary or involuntary assignment of Non -Profit's negotiation rights without written approval by the Borough shall be null and void. 15. Applicable Law. This MOU shall be governed by and construed in accordance with the laws of the State of Alaska without reference to choice of laws principles. Litigation arising out of or connected with this MOU shall be instituted and maintained in the courts of the Third Judicial District at Kodiak in the State of Alaska, and the Parties consent to jurisdiction over their person and over the subject matter of any litigation in such courts, and consent to service of process issued by such courts. 16. Severability. If an provision of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the MOU shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 17. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this MOU. This MOU shall not be amended or modified except by a written agreement executed by each of the Parties hereto. 18. Counterparts. This MOU may be executed in one or more counterparts, including electronic pdf or facsimile counterparts, each of which shall, for all purposes, be deemed an original, and all such counterparts, taken together, shall constitute one and the same instrument. 19. Ambiguity. The Parties and their counsel have each carefully reviewed this MOU, and the Parties have agreed to each term of the MOU. No ambiguity shall be presumed to be construed against either Party. 20. Waiver. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 21. Headings. The section headings contained in this MOU are inserted for convenience only and shall not affect in any way the meaning or interpretation of this MOU. 22. Authority. The signatories to this MOU hereby represent and warrant that they are fully authorized to sign this MOU on behalf of the Party that they represent. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first set forth above. Memorandum of Understanding Page 4 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 398 of 424 Nova M. Javier, CMC Borough Clerk AGENDA ITEM #D.7. KODIAK ISLAND BOROUGH Michael Powers, Borough Manager NON-PROFIT Memorandum of Understanding Page 5 of 5 Approving Memoranda Of Understanding For Non -Profit Funding Page 399 of 424 AGENDA ITEM #D.8. KODIAK ISLAND BOROUGH STAFF REPORT s DECEMBER 21, 2017 ¢¢}; ASSEMBLY REGULAR MEETING SUBJECT: Approval Of A 2018 Gulf Of Alaska Pacific Cod Fishery Disaster Declaration Letter Addressed to Governor Bill Walker. ORIGINATOR: Nova Javier RECOMMENDATION: Move to authorize the Mayor to sign the 2018 Gulf Of Alaska Pacific Cod Fishery Disaster Declaration Letter Addressed to Governor Bill Walker. DISCUSSION: In accordance with Section 312(a) of the Magnuson -Stevens Fishery Management and Conservation Act (MSA), this letter requests that the Governor declare a federal fishery disaster for the 2018 commercial Pacific cod fishery in the Gulf of Alaska (GOA). The MSA authorizes the Secretary of Commerce to determine if a commercial fishery failure has occurred, and the Governor is asked to review this matter due to the importance of these fisheries to our local, regional, state, and national economies. Negative economic impacts will occur immediately in 2018. A commercial fishery failure declaration from the Governor's office will begin the long process for requesting federal aid to assist our fishermen, processors and fishery -dependent communities during this difficult time. The commercial Pacific cod fishery failure is a fishing resource disaster. Despite conservative harvest policies and managers' and fishermen's adherence to scientifically determined catch limits, there will be severe cuts in 2018. The impacts will be immediately felt throughout our Gulf coastal communities by commercial fishermen, fish processors, and secondary businesses, for years to come. Local governments will feel the impact to their economic base. These impacts meet the criteria as described and are severe enough to warrant this request for a fishery disaster declaration in the Gulf of Alaska. The Governor is implored to promptly contact the Secretary of Commerce and urge action on this very important matter. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Approval Of A 2018 Gulf Of Alaska Pacific Cod Fishery Disaster Declarati... Page 400 of 424 AGENDA ITEM #D.8. Governor Bill Walker Office of the Governor PO Box 110001 Juneau, AK 99811 Re: 2018 Gulf of Alaska Pacific Cod Fishery Disaster Declaration December xx, 2017 Dear Governor Walker In accordance with Section 312(a) of the Magnuson -Stevens Fishery Management and Conservation Act (MSA), we are writing to request that you declare a federal fishery disaster for the 2018 commercial Pacific cod fishery in the Gulf of Alaska (GOA). The MSA authorizes the Secretary of Commerce to determine if a commercial fishery failure has occurred, and we ask your soonest possible review of this matter due to the importance of these fisheries to our local, regional, state, and national economies. Negative economic impacts will occur immediately in 2018. A commercial fishery failure declaration from the Governor's office will begin the long process for requesting federal aid to assist our fishermen, processors and fishery -dependent communities during this difficult time. As you know, to make such a determination, the Secretary of Commerce evaluates whether there was a commercial fishery failure, serious disruption to that commercial fishery, or harm incurred. The failure must be due to a fishery resource disaster as defined by the MSA or Intedurisdictional Fisheries Act (IFA), and the allowable causes for the disaster are also set out in the MSA (section 312(a)). The GOA Pacific cod fishery clearly meets all of these conditions. Is there a commercial fisheryfailure, serious disruption or harm incurred? A commercial fishery failure occurs when commerce in or revenues from commerce in the fishery materially decreases or is markedly weakened due to a fishery resource disaster, such that those engaged in the fishery suffer severe economic hardship. As has been well publicized, in early December, the North Pacific Fishery Management Council reduced the 2018 GOA Pacific cod catch limits by 80 percent compared to 2017. According to the 2017 GOA Pacific cod SAFE, the most recent average 5 -year (2012-2016) ex -vessel value for the fishery is $48 million.[ Using the most recent year's prices in this report, an 80% reduction suggests a 2018 ex -vessel value of $9.6 million. Also according to the 2017 GOA Pacific cod SAFE, the most recent average 5 -year GOA Pacific cod first -wholesale value is $103.8 million. An 80% reduction equates to $20.8 million in first wholesale value in 2018. These substantial reductions clearly meet the definition of a commercial fishery failure. Is the failure due to a fishery resource disaster under an allowable cause as defined in MSA? Under the MSA, a fishery resource disaster is a sudden, unexpected, large decrease in fish stock biomass or other change that results in significant loss of access to the fishery resource, for a substantial period of time. The Act specifies that allowable causes are natural causes, undetermined causes, or man-made causes beyond the control of fishery managers to mitigate through conservation and management measures. The GOA Pacific cod fishery fits these criteria. ' November 2017 GOA Pacific cod Stock Assessment and Fishery Evaluation, p. 259. Approval Of A 2018 Gulf Of Alaska Pacific Cod Fishery Disaster Declarati... Page 401 of 424 AGENDA ITEM #D. 8. The 2017 National Marine Fisheries Service (NMFS) GOA biennial bottom trawl survey showed a 71% decline in Gulf cod abundance since 2015, an 83% decline since 2013, and the lowest biomass since the survey started in 1984. The International Pacific Halibut Commission (IPHC) longline survey recorded the lowest biomass since their survey started in 1997. This significant cod decline is sudden, unexpected and is sufficiently large to warrant an 80% reduction in Pacific cod catch limits, as noted above. This will result in significant loss of access to the fishery in 2018, such as severely shortened seasons for some gear types, and a high potential of total closure for others. Scientists link the high natural mortality of Pacific cod with record warm Gulf of Alaska temperatures in 2014 - 2016 ("the blob").2 The unusually warm waters and effects on forage fish and cod bioenergetics led to higher natural mortality and low recruitment in recent years— in effect, warmer water means higher metabolism for Pacific cod, which means they need more food than normal to survive, at a time when the same warm water severely reduced their food source. With the Pacific cod biomass not projected to bottom out until 2020, this fishery disaster will persist for several years, at the very minimum until 2021. These are causes well beyond the control of fishery managers, yet managers respond by setting 80% lower catch limits, to stay within sustainable levels. The importance of Pacific cod to the State of Alaska's fisheries and fishery economy cannot be overstated. It is harvested by all gear types, including trawl, longline, pot, and jig, and in both state and federal waters, across all seasons. Pacific cod is an iconic and critical species in the Gulf of Alaska groundfish fishery portfolio. It was certified by the Marine Stewardship Council (MSC) in 2010 and typically accounts for about 30% of the GOA's groundfish harvest and over 20% of the total Pacific cod catch in Alaska.3 Although many coastal communities are dependent upon Pacific cod, the Kodiak Island Borough (KIB) and City of Kodiak are the primary community participants in this fishery in the Central Gulf, with more than 40% of the total GOA Pacific cod catch harvested in our waters and delivered across our docks. All six major Kodiak processors buy Pacific cod from our local fishermen. Kodiak processors, vessel owners, operators and crew members all participate in, benefit from, and depend on the Pacific cod fishery. To illustrate our dependence on groundfish, including Pacific cod, a recent McDowell report4 states that the "the total economic impact in KIB from groundfish han,esting and processing was measured at just over 1,950jobs, approximately $111 million in labor income, and just under $187 million in total output in 2014, including all multiplier effects. Similar to otherfisheries, the total number ofpeople who earn intone from groundfish harvest and processing is greater than the annualized estimate, including 650 fishermen and as many as 1,800 processing workers. Including all resident and nan- residentfishermen and processing workers, and workers in the local support sector who benefitfron fishermen and processor spending, there may be 3,000 people who derive some amount of income from groundfish (a number similar to the salmon fishery) "(p. 54) The study also cites the importance of groundfish in maintaining Alaska's largest residential seafood processing workforce and supporting other lower volume fisheries: "In 2014, groundfish with a total ex -vessel value of $65 million was landed in KIB from trawl, longline, pot, and jigfisheries. Thefirst wholesale value ofthe groundfish processed in KIB totaled $161 million. 2 htto://nofmc.legistar.com/eateway.asox7M=F&ID=cdf824bf-fSc6-4a6e-86c9-e6fB89ae763a.odf h tt as: //www.the co rdova ti mes.com/2017/10/13 /sumev-shows-eoa-cod-bi om ass-71-ve rcent/ 'November 2017 GOA Pacific cod Stock Assessment and Fishery Evaluation. httos;l/www.afsc.noaa.gov/REFM/Stocks/assessments.htm < Economic Impact of the Seafood Industry on the Kodiak Island Borough, McDowell Group, May 2016 Approval Of A 2018 Gulf Of Alaska Pacific Cad Fishery Disaster Declarati... Page 402 of 424 AGENDA ITEM #D. 8. Because groundfuh make up the majority of landings in the K1B (83 percent in 1014) they play an important role in maintaining a workforce that assists in the viability in processing other, lower volume species" (page 53). The commercial Pacific cod fishery failure is a fishing resource disaster. Despite conservative harvest policies and managers' and fisheanen's adherence to scientifically determined catch limits, there will be severe cuts in 2018. The impacts will be immediately felt throughout our Gulf coastal communities by commercial fishermen, fish processors, and secondary businesses, for years to come. Local governments will feel the impact to their economic base. We believe these impacts meet the criteria as described and are severe enough to warrant this request for a fishery disaster declaration in the Gulf of Alaska. We implore you to promptly contact the Secretary of Commerce and urge action on this very important matter. Thank you for your assistance, Dan Rohrer Mayor of Kodiak Island Borough Pat Branson Mayor of the City of Kodiak cc: The Honorable Lisa Murkowski, United States Senate The Honorable Dan Sullivan, United States Senate The Honorable Don Young, United States House of Representatives The Honorable Byron Mallott, Lieutenant Governor of Alaska The Honorable Sam Cotten, Commissioner, Alaska Department of Fish and Game The Honorable Mike Navarre, Commissioner, Alaska Department of Commerce, Community, and Economic Development Amy Dobson, State and Federal Relations, Office of the Governor Approval Of A 2018 Gulf Of Alaska Pacific Cod Fishery Disaster Declarati... Page 403 of 424 AGENDA ITEM #A.1. FIRE PROTECTION AREA NO.1 BOARD REGULAR MEETING I i October 24111, 2017 6:00 p.m. ' NOV 2 9 2011 1 BAYSIDE FIRE HALL I 1 1. CALL TO ORDER/PLEDGE OF ALLIEGENCE `•�' n, aK,r _? Chair Paul Van Dyke called the regular meeting to order at 6 PM. 2. ROLL CALL Board Members present were Chair Paul Van Dyke, Richard Carstens, Rebecca Nelson and Craig Walton. A quorum was established. Others in attendance were Chief Howard Rue and Martha Barnett, Kodiak Island Borough. Mike Dolph was absent. 3. ACCEPTANCE/APPROVAL OF AGENDA CARSTENS MOVED to approve the agenda. VOICE VOTE ON AGENDA CARRIED UNANIMOUSLY. 4. APPROVAL OF MINUTES Chair Van Dyke would like to change the minutes, under Acknowledgement of Financial Report, he was not sure what the accounting service charge of $15,000 was. He would like to add that this was a "possible" back charge by the Finance Department. The Chair will get back to the board on this. CARSTENS MOVED to accept the minutes of September 26'h, 2017. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5. ACKNOWLEDGE RECEIPT OF THE FINANCIAL REPORT CARSTENS MOVED to acknowledge receipt of the Financial Report. Chair Van Dyke checked with KIB Director of Finance, Dora Cross about the accounting services charge and it was a miscoding, which was reversed on this financial performance report. This charge has been appropriately put to line item Continuing Education. Chair Van Dyke commented on the financial statement. There is a new line item - expense category "Other" 468.000 — an executive session will be held to finish discussion on this. Monies were allocated towards windows out of Buildings Capital Outlay, 529,000. We have $32,000 in 470.070 line item. In Machinery/Equipment, we show 73% used already and that is mostly for hose and bunker gear that is ordered. We have allocated $410,000 for the equipment plus $20,000 for shipping bringing automotive to $430,000. Lastly, on the top of page 3, the total for Support Goods and Services we have a 16% reduction over last year's expenses. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. VISITOR COMMENTS None. Fire Protection Area No. 1 Board Regular Meeting Minutes Of October 24, ... Pagel 4 9 9 Page 404 of 424 AGENDA ITEM #A.1. 6. VISITOR COMMENTS None. 7. CHIEF REPORT Chief Rue presented a PowerPoint. He reported on September 2017 calls and runs; the busiest days, busiest hours as well as hydrant & non -hydrant run percentages for the month. The department has lost two guys, community outreach is needed. Bayside received the AFG Grant for $164,000 for Air Paks. Installation of air, water lines and electrical hooks ups for apparatus is complete. The window replacement RFP is moving forward. The lower bay has been cleaned. Some of the supply hose has arrived, it needs to be tested. The grant writers will apply for the Plymovent AFG Grant. Brechan has donated used gym equipment to the station. A letter was received from the State of Alaska DNR for their volunteer grant program. Chief Rue is hoping to get a thermal imaging camera, possibly a portable pump and/or wildland gear. A wish list of products was provided by the state. 8. CHAIRPERSONS REPORT The AFG grant total for the Paks was less than the original amount requested but Chief Rue has worked with them and gotten a better price than originally budgeted, 5% matching so total outlay was significantly less. Chair Van Dyke apologized to the board, the chief and the public, he did not have the back-up documentation for the board to review on the installation of windows at the last meeting. The Chair appreciated that level of trust from the board and has now provided back up documentation tonight so it can become part of the permanent record. The Chair would also like to apologize to all because he did not check with the chief regarding additional prices of the fire hose. The Chair will try harder in the future to be better prepared. 9. NEW BUSINESS a. Strategic Fiscal Plan — At the February 21, 2017 meeting an Excel sheet was handed out, this was the path used for future planning of the budget. This is a working document. Moving forward the Chair would like to know exactly where we are fiscally. Input would be nice from the Board about budget concerns. Chief Rue would like to consider a community burn center grant. b. Aksala Equipment — Curt Law presented an overview of the pricing handout presented to the board; "Equipment for new engine and Tender" and the projected 10 -Year Plan. c. Hose Washer — Chief described a hose washer and possible costs, he will provide two quotes to the board. Discussion ensued. d. Bayside Window Estimate — Chair Van Dyke discussed the window estimate/sum of costs of 29K provided by KIB Project Manager Matt Gandel. The project should go out to bid next week. Chief Rue will be the point of contact for this project. Discussion ensued. R. CARSTENS MOVED and it was seconded to provide additional direction to the project office to make the base bid for the lower windows with the added alternative being the upper aerial windows. Discussion ensued. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY, 4-0. e. New Engine Parts Spreadsheet — Chief Rue invited the board to ask him questions and he will explain the spreadsheet in detail. The chief asks the board to get involved with the parts selection. The chassis should be inspected the week of November 19'h, The delivery of engine in Oregon will be in late February/March, delivery in Kodiak could be late March, early April. Chief will contact five vendors 2 1 P a g e Fire Protection Area No. 1 Board Regular Meeting Minutes Of October 24, ... Page 405 of 424 AGENDA ITEM #A. I. and get a sampling of availabil ity/markup/cost/I cad time. Discussion ensued about parts selection and the challenges of purchasing. E Election of Officers — • Chair— Richard Carstens nominated Paul Van Dyke. Unanimous voice vote. • Vice Chair- Rebecca Nelson nominated Richard Carstens as vice Chair. Unanimous voice vote. 10. VISITOR COMMENTS — None. 11. BOARD MEMBERS COMMENTS Chief Howard Rue — He welcomed Scott Amdt's comments on the windows, it's an effective way to do it. He will work on the projects he has been given. Craig Walton — No Comment. Richard Carstens — No Comment. Rebecca Nelson — Congratulations to the officers, welcome aboard Craig and carry -on Chief Rue. Paul Van Dyke - Echoed Rebecca's comments. 12. NEXT MEETING SCHEDULE The Chair asks that we do a call of the Chair. The manager would like to have an executive session with the board. Discussion ensued regarding scheduling of a future meeting. 14. ADJOURNMENT Chair Van Dyke moved to adjourn the meeting, R. Nelson seconds. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Meeting was adjourned at 7:51 PM. SUBMITTED Martha Barnett KIB Engineering/Facilities Department APPROVED BY: Chair Paul Van Dyke Date: Date: �� 7 3 1 P a g e Fire Protection Area No. 1 Board Regular Meeting Minutes Of October 24, ... Page 406 of 424 Kodiak Island Borough DEC 8 2011 Planning and Zoning Commission Regular Meeting Minutes N. " . 1 -.: October 25, 2017 Regular Meeting 6:30 pm -Borough Assembly.Chambers CALL TO ORDER CHAIR ARNDT called to order the October 25, 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 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 Commission. Requested excusal was Greg Spalinger due to being out of town. Commissioners present were Scott Arndt, Barry Altenhof, Maria Painter, Alan Schmitt, Chris Hatch, and Colin Young. Excused was Greg Spalinger. A quorum was established. COMMISSIONER SCHMITT MOVED to excuse Greg Spalinger. CDD staff present was Director Mason, Sheila Smith, and Daniel Mckenna-Foster. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER PAINTER MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER PAINTER MOVED to approve the September 20, 2017 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS For agenda Items not scheduled for public hearing and general comments. Comments limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1- 855-492-9202. PUBLIC HEARINGS Comments limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. Speakers are to sign in and state their name for the record. A) CASE 18-005. Request a street name change, according to Chapter 12.10 KIBC, to change the name of the unimproved road right-of-way to the north of Lots 10 through 19, Block 13, Port Lions Subdivision from Kizhuyak Drive to Alder Drive. This name change only applies to the aforementioned right-of-way and not to the State roadway that is also named Kizhuyak Drive. The applicant is the City of Port Kodiak Island Borough Planning & Zoning Commission Minutes October 25, 2017 Page 1 Fire Protection Area No. 1 Board Regular Meeting Minutes Of October 24, ... Page 407 of 424 AGENDA ITEM #A. 1. house numbers assigned). The zoning is the Right -of -Way between R1 -Single - Family Residential and C -Conservation Zoning. COMMISSIONER PAINTER MOVED to adopt Kodiak Island Borough Planning and Zoning Commission Resolution No. FY2018-0 changing a platted street name from Kizhuyak Drive, per plat 68-1, to Alder Drive, and to adopt the findings of fact listed in the staff report dated October 11, 2017 as "Findings of Fact" for Case No. 18-005. COMMISSIONER SCHMITT MOVED to amend the motion to reflect Resolution No. FY - 2018 -02. VOICE VOTE ON MOTION TO AMEND CARRIED 6-0. DIRECTOR MASON reported the City of Port Lions would like to change the name of the section of Kizhuyak Drive to Alder Drive. At some point, they want to develop this area. There were no objections. The naming convention is consistent with the area and it meets the guidelines in Title 12 for street name changes. Staff recommends approval. Open public hearing: None Close public hearing: Brief commission discussion FINDINGS OF FACT 1. The street name change will eliminate the potential for confusion caused by having two roadways named Kizhuyak Drive within the City of Port Lions road system. 2. The proposed street name is appropriate and does not duplicate any existing street name within the City of Port Lions road system. 3. The proposed street name is consistent with other street names in the surrounding area. 4. The proposed street name Is not offensive or derogatory. 5. Local emergency response authorities and abutting property owners expressed no objection to the proposed street name change. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 6-0. B. CASE 18-006. Request a street name change, according to Chapter 12.10 KIBC, to change the name of Jackson Lane to Suydam Drive. The applicant Is Emerald Isle Estates LLCIKevin Suydam. The location is Jackson Lane from Spruce Cape Road to Metrokin Way. The zoning is Right -of -Way between R1 -Single -Family Residential and R3 -Multifamily Residential zoning. COMMISSIONER PAINTER MOVED to adopt Kodiak Island Borough Planning and Zoning Commission Resolution No. FY2018-03 changing a platted street name from Jackson Lane, per Plat 2003-19, to Suydam Drive, and to adopt the findings of fact listed in the staff report dated October 11, 2017 and entered into the record for this case as "Findings of Fact"for Case No. 18-006. Director Mason stated there were at least 50% of the folks who lived on Jackson Lane that signed the petition so this application could move forward. The proposed name meets the guidelines in Title 12. Staff recommends approval of this request. Open public hearing: Winona Suydam spoke in support of the request. Close public hearing: Kodiak Island Borough Planning & Zoning Commission Minutes October 25, 2017 Page 2 Fire Protection Area No. 1 Board Regular Meeting Minutes Of October 24, ... Page 408 of 424 AGENDA ITEM #A. 1. Commission discussion FINDINGS OF FACT 1. The proposed street name Is appropriate and does not duplicate any existing street name within the Kodiak road system. 2. The proposed street name is consistent with other street names in the surrounding area. 3. The surname used in the proposed street name is of historical significance to the surrounding area. 4. The proposed street name is not offensive or derogatory. 5. Local emergency response authorities and abutting property owners expressed no objection to the proposed street name change. ROLL CALL VOTE ON MOTION CARRIED 6-0 C. CASE 18-007. Request a Variance to allow an existing 16.4 foot x 24.3 foot accessory building to encroach 3.1 feet into the required 10 foot rear yard setback on Lot 5, Block 7, Aleutian Homes Subdivision (KIBC 17.80.040.0 and 17.195). The applicant is Don & Suzanne Bobo. The location 414 Thorsheim Street, and the zoning is R2 -Two-family Residential. COMMISSIONER SCHMITT MOVED to postpone Case 18-007 until the July 18, 2018 Planning and Zoning regular meeting. Mckenna-Foster stated this case is related to the next case, Case S18-004, on the same property. The commission discussed at the work session postponing this case so it can be addressed in tandem with Case S1 B-004 which has been postponed by the applicant until the July 18, 2018 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED 6-0. D. CASE S18-004. Request preliminary approval of the vacation of a 5 foot wide portion of a 10 foot wide utility easement the runs along the inside of the rear lot line of Lot 5, Block 7, Aleutian Homes Subdivision (KIBC 16.40 and 16.60). The applicant is Don & Suzanne Bobo. The location is 414 Thorsheim Street, and the zoning is R2 -Two-family Residential. COMMISSIONER SCHMITT MOVED to postpone Case S18-004 until the July 18, 2018 Planning and Zoning regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED 6-0. E. CASE 18-008. Request an Ordinance of the Kodiak Island Borough amending KIBC 17.195 (Variances), 17.200 (Conditional Use Permits), and KIBC 17.205 (Amendments and Changes) making certain administrative land use processes consistent. The applicant is the Kodiak Island Borough. The location is Borough - wide, and the zoning is NIA. COMMISSIONER PAINTER MOVED to recommend that the Assembly of the Kodiak Island Borough approve the ordinance amending KIBC 17.15 (General Provisions and Use Regulations), KIBC 17.195 (Variances), KIBC 17.200 (Conditional Use Permits), and KIBC 17.205 (Amendments and Changes), and adopt the findings offact in the staff report dated October 19, 2017 for Case No. 18-OOB. DIRECTOR MASON stated we have some inconsistencies in these sections of our code. There are math errors with the calendar days and working days and things like that. Staff Kodiak Island Borough Planning & Zoning Commission Minutes October 25, 2017 Page 3 Fire Protection Area No. 1 Board Regular Meeting Minutes Of October 24, ... Page 409 of 424 AGENDA ITEM #A. 1. wants to clean them up. The commission gave good input at the work session and she made some changes based on that discussion. Open public hearing: None Close public hearing: Commission discussion COMMISSIONER SCHMITT MOVED to postpone Case 18-008 to the November 29, 2017 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED 6-0. F. CASE 18-009. Request an Ordinance of the Kodiak Island Borough amending various chapters of Title 17 clarifying setback requirements in various zoning districts. The applicant is the Kodiak Island Borough, and the zoning is Residential. COMMISSIONER SCHMITT MOVED to recommend that the Assembly of the Kodiak Island Borough approve the ordinance amending Title 17 KIBC (Zoning) to clarify setback requirements in various zoning districts (KIBC 17.205) and adopt the findings of fact in the staff report dated October 2, 2017 for Case No. 18-009. DIRECTOR MASON stated this ordinance is somewhat in line with the previous ordinance in that some of the sections of code have suffered from being piecemealed together, There are inconsistencies. No changes were made to the packet since the work session. Open public hearing: None Close public hearing: Commission discussion COMMISSIONER SCHMITT MOVED to postpone Case 18-009 to the November 29, 2017 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED 6-0. OLD BUSINESS None NEW BUSINESS None COMMUNICATIONS A. September Planning and Zoning Commission Case Results Letters B. Code Enforcement COMMISSIONER PAINTER MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED 6-0. REPORTS A. Meeting Schedule: November 8, 2017 Work Session -6:30 p.m. -Borough Conference Room Kodiak Island Borough Planning & Zoning Commission Minutes October 25, 2017 Page 4 Fire Protection Area No. 1 Board Regular Meeting Minutes Of October 24, ... Page 410 of 424 AGENDA ITEM #A.1. • November 12 —14, 2017 -APA Planning Conference -Anchorage • November 29, 2017 Regular Meeting -6:30 p.m. -Assembly Chambers • December 6, 2017 Work Session -6:30 p.m. -Borough Conference Room • December 13, 2017 Regular Meeting -6:30 p.m. -Assembly Chambers COMMISSIONER PAINTER MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED 6-0. STAFF COMMENTS DIRECTOR MASON stated the Lands Committee met yesterday. The assembly is holding a public hearing at their next regular meeting and they will be holding public hearings on the re-establishment of boards and committees. The Lands Committee and Parks and Recreation Committee that directly affect this body. The Brownfield Coalition met today. Mckenna-Foster did some work with our consultant afterwards too. We expect to be moving forward, full force in January after some behind the scenes stuff next month and into December. The Emerald Isle Estates is on the assembly agenda next as a public hearing item. Killarney Hills resolution that P&Z put forth to the assembly failed at their last regular meeting; however, Resource Management staff to bring forward a new resolution that stated that the property was surplus to the publics need but it would not be disposed of until a master plan is approved. The Resource Management Officer and Mason have been working on the resolution. We are getting a planning process out of the deal even though the resolution that we put forward failed. The Bancroft lot, the future land use designation change and rezone also failed at the assembly level but that is because we were made aware of some land ownership issues with the property after the commission put it forward, It was failed for the time being primarily as a technicality. The application was technically invalid. Because that was not Mr. Cole's fault failed the 2 ordinances but directed staff to refund Mr. Cole's application money and waive any waiting periods for him to re -apply with the same application. It's like we're going back to square one and he doesn't have to wait a year. Mason said she met with Larsen Bay on October 17th. She met with some community members and the city council. This afternoon she sent the mayor and the clerk of Larsen Bay a draft scope schedule and public involvement plan to get their annex to the Comp Plan updated by late next spring. She's hoping their city council has time to talk about it and maybe have a decision of whether or not they accept the documents by their council's regular meeting in November. Daniel Mckenna-Foster said the Parks and Rec Committee met last night and they had a quorum. We met for about 2 hours, there was a lot of excitement talking about the Parks and Recreation Parks Comp Plan Update. Parks and Rec as a committee, their continued existence will be an issue to be discussed by the assembly at the next couple of meetings but we did meet last week and had some members of the City Parks and Rec there. It seemed like a positive meeting. CITIZENS' COMMENTS Limited to three minutes per speaker. For agenda Items not scheduled for public hearing and general comments. Local phone number is 486-3231; Toll Free is 1-855-492-9202. CHAIR ARNDT thanked Julie Kavanaugh for sitting through the whole meeting. None COMMISSIONER COMMENTS Kodiak Island Borough Planning & Zoning Commission Minutes October 25, 2017 Page 5 Fire Protection Area No. 1 Board Regular Meeting Minutes Of October 24, ... Page 411 of 424 AGENDA ITEM #A. 1. Alan Schmitt said he attended the Land Committee meeting. One item they are trying to get the assembly to let staff proceed with coming up with a plan to do some gravel extraction in Russian River and Sargeant Creek because of the flooding in Bells Flats. The flooding has been occurring in Bells Flats with all the rainfall. The Borough Resource Management Officer is getting up to speed and he looks forward to things coming before the commission. Maria Painter said welcomed Julie Kavanaugh, our newest member of the assembly. Painter thanked Kavanaugh for attending this meeting. Scott Arndt said the gravel extraction would be for flood control. Kodiak Island Borough is the property owner on the Russian River, On Sargeant Creek, the majority is Coast Guard so a lease needs to be acquired from the Coast Guard. The Coast Guard rep was there at the Lands Committee meeting also. He brought it up 2 years ago when the committee was first started and the Coast Guard was receptive at that time. It would end up coming back to the commission because part of it is on borough land. Arndt is hopeful the Lands Committee can pick up on some of the other projects that they have been working on. There was a new member, David Anderson, appointed to the Lands Committee at the last assembly meeting. There will also be a new assembly member. ADJOURNMENT COMMISSIONER SCHMITT VOICE VOTE ON MOTION CHAIR ARNDT adjourned the meeting at 7:16 p.m KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: cod/n Scott Arndt, Chair ATTEST By: tQDt C Sheila Smith, Secretary Community Development Department APPROVED: November 29, 2017 Kodiak Island Borough Planning & Zoning Commission Minutes October 25, 2017 Page 6 Fire Protection Area No. 1 Board Regular Meeting Minutes Of October 24, ... Page 412 of 424 SOLID WASTE ADVISORY BOARD REGULAR MEETING MINUTES AGENDA ITEM #A. 1. October 9, 2017@ 5:15 PM Kodiak Fisheries Research Center DEC 5 2011 Call to Order Chair Szabo called to order the Regular Meeting of the Solid Waste Advisc ry Board- siup:rfL'_..—I on October 9, 2017 at the Kodiak Fisheries Research Center. Roll Call J. Basuel conducted a roll call and a quorum was established. The following members were present; Chair Nick Szabo, Jennifer Culbertson, Steven Neff, Jeff Stewart, Nathan Svoboda and Levi Fehrs. Scott Arndt was absent. Also present was Director of Engineering & Facilities Bob Tucker, Mike Shrewsbury of Alaska Waste and Dennis Symmons, Kodiak Island Borough Assembly liaison. Approval of Agenda STEWART moved to approve the agenda. VOICE VOTE ON MOTION CARRRIED UNANIMOUSLY. Approval of Minutes NEFF moved to approve the minutes of August 28, 2017. STEWART moved to amend the minutes to add that SWAB expressed their appreciation to Engineering & Facilities Secretary Jenny Clay for her many years of service to the Kodiak Island Borough and wished her well in her retirement. VOICE VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY. Visitor Comments: None. Discussion/Action Items a. Plastic Bag Ban Update Chair Szabo gave an update on the City Council's plastic bag ordinance and its process. He felt the City Council was ready to go forward with it. He mentioned the City Council decided to delay implementation until Earth Day in order to give enough publicity. No schedule yet on when the first reading would be. Discussion ensued. b. Solid Waste Contract Update Fire Protection Area No. 1 Board Regular Meeting Minutes Of October 24, ... Page 413 of 424 AGENDA ITEM #A. 1. SOLID WASTE ADVISORY BOARD REGULAR MEETING MINUTES October 9, 2017@ 5:15 PM Kodiak Fisheries Research Center Bob Tucker, Engineering/Facilities Director reported the Borough is in negotiations with Alaska Waste. A letter had been drafted by Borough attorney to extend negotiations with Alaska Waste because a date had to be put on there. A second iteration was received back from attorneys and to move forward with Alaska Waste this week with more information to exchange back and forth and should be done fairly quickly. The new contract won't be in effect until July 2018. Discussion ensued. Chair Szabo introduced and welcomed Levi Fehrs, Manager of Kodiak Furniture as SWAB's new Retail Business Representative. Discussion on glass issues ensued. Chair Szabo appointed Jennifer Culbertson, Levi Fehrs and Jeff Stewart to the Glass Committee. Chair Szabo mentioned that the Borough Assembly was going to discuss to see which boards were going to be cancelled and which to continue. The SWAB would have to sunset at some point and the Assembly would have to reauthorize the Board for a need to continue. Bob Tucker clarified that the Assembly will be looking at all boards to see which needed to be continued. Visitor Comments: None. Board Member Comments: Jeff Stewart — He doesn't see the Board looking to add any more work, as for going forward, he would like to see a borough -wide approach to reuse and recycle. He would like to see the Board be more involved with bear habitat and bear Issues. He felt there is a good use for the Board and that they do well for the community. Levi Fehrs — He felt there was a need for the Board, he was looking forward to working with everyone. Steven Neff — He felt there was plenty of work to be done and was in favor of carrying on with the board. Jennifer Culbertson — No Comment. Fire Protection Area No. 1 Board Regular Meeting Minutes Of October 24, ... Page 414 of 424 SOLID WASTE ADVISORY BOARD AGENDA ITEM #A. 1. REGULAR MEETING MINUTES October 9, 2017@ 5:15 PM Kodiak Fisheries Research Center Nick Szabo—Thanked the staff and once again thanked Jenny Clay for her hard work. Meeting Schedule The next regular meeting was tentatively scheduled for December 4, 2017. Adjournment NEFF moved to adjourn meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 6:20p.m. SUBMITTED BY: op, 6,,Jy� 4� Jessica Basuel, Secretary KIB Engineering/Facilities Department APPROVED BY: NickAzabo, Chair Solid Waste Advisory Board Date: o V,/,5; ` Date: Fire Protection Area No. 1 Board Regular Meeting Minutes Of October 24, ... Page 415 of 424 WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES Date: Nov 7, 2017 Call to order: 7:00 pm 0 0 RQC #A.1. Commissioners Present: Jason Chandler, Dave Conrad, Billy EcrettDave Heuman, John___ Isadore, and Chris Windnagle. Commissioner Excused: George Lee Others present: Janet Wente and Katie Heglin, Residents. DEC ' 6 2017 i Agenda approved Minutes approved and signed: Regular Meeting of November 7,260.' Citizen Comments: • Janet Wente: BF Road needs ditching from Rice's towards Young's as well as fixing or replacing an existing flattened culvert, causing excess surface water re- tention on adjacent properties. • Katie Heglin: Hole on Kalsin near Crivello's, patch failure on Middle Bay Dr Contractors Comments: Kevin Arndt, MK Construction • Did patch paving with IR machine • Need to crack seal center of Mid Bay Dr • Graded potholes on gravel roads this month Chairman's Comments: • Budget: 30% expended in 4 months, 17k invoices pends • Work Order outstanding Skinners -needs culvert work to finish, added 4 loads topping to Birch Unfinished Business: Fire Department • Emergency Generator. Emergency Cut-off switch pends • Em Shelter Convenience Sink Cabinet installed. Punch list in progress. • Community Center Rental Agreement-KIB review pending. • Parking Lot extension; trees cut and fill placed Road Service • Ditching on Womens Bay done, put Cummiskey's culvert on watch list • Culvert for Skinners work order Fire Protection Area No. 1 Board Regular Meeting Minutes Of October 24, ... Page 416 of 424 AGENDA ITEM #A. 1. WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES • Need to fill in swale at end of Leta St • Priority of work as conditions permit o Ditch along Womens Bay Dr below Petites and by Springer's o Dl for Leta Street o BF Rd drainage at tree farm • Culvert watch o Cummiskey's Mid. Bay o Kalsin at Preston o Mid Bay at Chiniak New Business: Fire Department- need repairs to some apparatus, TBD Road Service • BF Rd drainage across from tree farm Board Member comments; • JI; Be cautious on snowplow response. Large berm along Chiniak Dr • CW; good job not wasting gravel into ditches • DH; will add work list to minutes Next Regular Meeting on Jan 2, 2018. 7:00 PM at the WBFD Meeting adjourned at 8:02 pm CHAIRPERSON WITNESS Fire Protection Area No. 1 Board Regular Meeting Minutes Of October 24, ... Page 417 of 424 TO: Mayor and Assembly AGENDA ITEM #B. 1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road • Kodiak, Alaska 99615 Phone(907)486-9210 Fax(907)486-9347 FROM: Matt Gandel, Project Manager/Inspector CC: Michael Powers, Borough Manager Bob Tucker, E/F Director RE: Projects Status Report for Period Ending November 30, 2017 BALER BUILDING EXTERIOR IMPROVEMENTS Jensen Yorba Lott (JYL) began the design process to replace the roof of the Baler Building in 2016. After several reviews by the Architectural/Engineering Review Board (ARB), the design now includes a base bid for a new metal roof and an alternate bid for an insulated panel roofing system. ARB discussion also brought up replacement of the exterior siding at the same time as the roof. JYL completed design for the siding replacement, and the 95% documents for both the roof and siding were reviewed and approved by the ARB on June 6, 2017. The design documents have been compiled to be bid as one project for both the roof and siding. On November 7, 2017 the ARB approved the 100% documents, and this project is scheduled to be put out for bid in early December, with construction scheduled for summer 2018. BAYSIDE FIRE DEPARTMENT WINDOWS The Fire Protection Area No. 1 Board approved funds to replace existing windows at Bayside Fire Department. Projects Office staff compiled a bid package for this work and it was issued on October 31, 2017. Bids were opened on November 16, 2017 and five bids were received. H Construction of Palmer was the low bidder, and staff is currently working with them on the contract and insurance documents. CHINIAK TSUNAMI SHELTER Design work is continuing to replace the Chinlak Tsunami Shelter and Library that was destroyed in the Twin Creeks fire. During 2016, staff held several meetings with the Chiniak community to discuss the details of a new building and Jensen Yorba Lott (JYL) has provided design documents. Those documents have been reviewed several times by the Borough's insurance carrier, and staff is currently working with the insurance company to settle on a design that is within the acceptable cost range. EAST ELEMENTARY INTERIOR RENOVATION This project was included on the list of bond projects approved by voters in 2014, and is for replacement of flooring, cabinets, countertops, plumbing fixtures, and doors at East Elementary. The project was split into two phases: Phase 1 included renovation of existing restrooms and was completed in September 2017. Phase 2 will be hazardous material abatement and installation of new flooring, cabinets, countertops, and doors, and is scheduled for summer 2018. The design documents for Phase 2 were issued for bid on November 9, 2017, and bids are due December 51 2017. November 2017 Projects Reports, Project Budget Status, Change Orders Rep... Page 418 of 424 AGENDA ITEM #B. 1. KODIAK FISHERIES RESEARCH CENTER DIGITAL CONTROLS UPGRADE The components that control the mechanical systems at Kodiak Fisheries Research Center (KFRC) are outdated and no longer supported by the manufacturer. On June 15, 2017, the Assembly approved a contract with Long Building Technologies to provide new controllers and programming throughout the facility. These upgrades will allow building occupants and maintenance staff to more precisely control the heating and ventilation systems, and remove the proprietary nature of the old system, allowing for future maintenance and repairs to be opened up for public bid. This work is schedule to be complete by March 2018. KODIAK MIDDLE SCHOOL BOILER REPLACEMENT At the Assembly work session on September 14, 2017, KIB and KIBSD staff presented the issues with the two fuel oil boilers at Kodiak Middle School. The Alaska Department of Education and Early Development denied the request to replace the boilers and associated equipment as a change order to the KMS Fire Alarm, Controls, and Elevator project but is still reviewing the request to redirect excess funds from that project to create a new project. Staff is now working to replace one of the boilers with an electric boiler as soon as possible. Following approval of Ordinance FY2018-01A on November 2, 2017, staff is proceeding with ordering an electric boiler and getting pricing on installation. The goal is to install the electric boiler in early 2018. This work would be reimbursed by Kodiak Electric Association, and provide a reliable boiler for the school. Replacement of the other boiler and boiler room equipment is currently in design and will be bid as a separate project, with the goal to do the work during summer 2018. MAIN ELEMENTARY WALKWAY The elevated walkway that leads from Powell Avenue to the entrance at Main Elementary was closed in September 2016 due to concerns about corroding metal decking and concrete. PND Engineers completed design to replace the walkway and Wolverine Supply is the contractor. As of October 31, 2017, the new walkway and handrails were in place and complete. On November 27, 2017 installation of the handrails along Powell Avenue began, and the entire project is scheduled to be complete by December 15, 2017. The walkway is scheduled to open for school use when students return from Winter Break. PAVING (KMS/PETERSON) AND UST REPLACEMENT (KMS) This project was included on the list of bond projects approved by voters in 2014, and Is for removal of the underground storage tank and installation of a new aboveground tank at Kodiak Middle School, and paving of the parking lot at Peterson Elementary and behind Kodiak Middle School. Jensen Yorba Lott is the architect for this project and began the design process in June 2017. The Architectural/Engineering Review Board met on October 4, 2017 and approved the 95% design documents. The project was issued for public bid stating October 25, 2017, and bids were opened on November 30, 2017. A contract will be presented for Assembly approval on January 4, 2018. Construction is scheduled for summer 2018. UST REPLACEMENT— MAIN, OLD HARBOR, PORT LIONS This project was included on the list of bond projects approved by voters in the 2014 election, and is for removal of underground storage tanks at Main Elementary, Old Harbor, and Port Lions and installation of new aboveground tanks at Main and Port Lions. (Old Harbor already has a new aboveground tank.) Jensen Yorba Lott is the architect for this project and began the design process in June 2017. The Architectural/Engineering Review Board met on October 4, 2017 and approved the 95% design documents. The project was issued for public bid stating October 17, 2017, and bids were opened on November 16, 2017. A contract will be presented for Assembly approval on January 4, 2018. Construction is scheduled for summer 2018. Project Status Report— November 2017 Page 2 November 2017 Projects Reports, Project Budget Status, Change Orders Rep... Page 419 of 424 AGENDA ITEM #B. 1. lD Ol Ol d' Ol Ol rl M Lri C C N t0 C 00 00 1� 00 O R n'1 O 00 N N 1R 1h VF l/r ah a/F t/r N 1p V1 C7 M N N h 0000 M -:T V O 00 i N M • Lr Ol O O r\ 4'1 ti N .c o bn v N O + c ❑ M L � `n ❑ o a O vYi v Co+ a o ❑ 0 0 d n 'p 61 w n h a n n N u n n e o o OM M Z v u W O V N l7 O O v O ul Na+ W m M N> 1� U1 W r .,t., at. O) n N N M M C C M I� C C O W •� v p .ti v v M a v Y E E O o ; N 0J v a a CX. a E C E E a o a v'i a a w 3 Y w c w ❑ N C ❑ —� O a E E a o a o U ,"c m -m N ° N E N 3 2 .iu ° w a z o m o m e °❑ > m a c E c r m x m o U o D42 o O o a W LD Ec.0 WO 0p o'a O ;+ W c O O 3 r° L c N o w 3 M 3 N c o '❑ o x a w c c c 4 m 0 m �° x m° z m' E c, v a c of U a '^ LJ a, v o. S Ea ooa a vc Ya =CLa c m L2 v ui w �i O w w m �i �i �i �i m > m h w C Y Y A > d V November 2017 Projects Reports, Project Budget Status, Change Orders Rep... Page 420 of 424 AGENDA ITEM #B. 1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9210 Fax (907) 486-9347 To: Michael Powers, Borough Manager Cc: Bob Tucker, E/F Director From: Matt Gandel, Project Manager/Inspector RE: Change Orders for Period Ending November 30, 2017 Below is a summary of approved change orders for capital projects for November 2017: KMS Electric Boiler Wolverine Supply. Inc. — Contract 2017-27 Change Order #10 - $51,619.57 Supply Precision Electric Boiler per specifications provided by RSA Engineers. Cost includes fabrication of boiler, shipping to Kodiak, and placing in boiler room at Kodiak Middle School. Cost for installation will be provided separately. As part of this change order completion date for Contract No. 2017-27 will be extended to January 31, 2018. Main Elementary Elevated Walkway Repairs Wolverine Supply. Inc. — Contract 2017-39 Change Order #03 — ($40,513.41) The contract documents included GKD Baltic Mesh stainless steel mesh infill for new railings. Due to the extensive lead time for these materials, they have been substituted for 2'x2" galvanized steel infills. This substitution results in a credit to the contract amount. The contract Substantial Completion date is revised from August 15, 2017 to December 31, 2017, and Final Completion date revised from August 30, 2017 to January 15, 2017. Wolverine Supply. Inc. — Contract 2017-39 Change Order #04 — $11,100.99 1) The contract documents required sandblasting existing steel before repainting. In lieu of sandblasting an industrial primer/paint combination was tested, and following a successful adhesion test, used to recoat the existing steel. Eliminating sandblasting resulted in a net credit. ($4,019.39) Change Orders— November 2017 November 2017 Projects Reports, Project Budget Status, Change Orders Rep... Page 421 of 424 AGENDA ITEM #B. 1. 2) The existing concrete slab directly in front of the walkway had to be removed and replaced to provide an acceptable slope from the existing sidewalk to new walkway. $10,449.27 3) The contract documents required removal and replacement of existing lighting under the walkway, but during removal it was discovered that the existing wiring did not meet current electrical codes. New conduit and wire was installed. $4,671.11 Change Orders — November 2017 Page 2 November 2017 Projects Reports, Project Budget Status, Change Orders Rep... Page 422 of 424 November 2017 AGENDA ITEM #B.1. ° E a a `c ° 4 i a c ° a c � ° a � z c o °u 3 a u a � � u a m ,a a n f v a a N S 3 L � T C E L � U o n ' c E c u U a v v t m ° 0 � a n m � a m ` c m `c ° c u a a � � v m E d o i p 4 4 L n � o E ° y ° n `O` ° o � v E ° n c � � a o a � a m a y o � _ o q i G � U a U E C O V � 4 C ° a ° c � c o c � E � ° y U o Oi L L m O Q O C U y Status, Change Orders Rep... Page 423 of 424 m •a m e n n o a e ` E" ry N .. m '� o •n _ N e N g m N urvi Q D a 0 • i N i N b N N 0 M N b N ,O 6 N N � V m p, ul Q m V m N ° O •v ti N m m e1 N ry N o Q •y N O ' • 8N O ' 8N O 8 O a N N N N yQ C a °a E E a o n y n ? d u C u C v c 9 9 ° G L 2 E E E E n D c E c c u X n H ry n ry n r�i n n 9 - n n N� n n n n ory ry n ry O f i O " V - "' i` E u A o u E n s c n n rc p vii •� W ,g � G � q L 1y 9 AGENDA ITEM #B. 1. November 2017 Projects Reports, Project Budget Status, Change Orders Rep... Page 424 of 424 LEVESQUE LAW GROUP, LLC Joseph N. Levesque Shane E. Levesque, Of Counsel MEMORANDUM OPINION TO: Dan Rohrer, Borough Mayor Members of the Kodiak Island Borough Assembly Nova Javier, Borough Clerk FROM: Shane E. Levesque 661/ DATE: December 20. 2017 3380 C Street. Suite 202 Anchorage, Alaska 99503 Phone: (907) 261-8935 Fax: (206) 309-0667 Email: chane@levesquelawgroup.com RE: Compatibility of Multiple Offices and Conflicts of Interest Our File No. 477-1101 Question Presented You have requested an opinion addressing several questions related to simultaneous membership on the Kodiak Island Borough ('Borough") Assembly and employment as Deputy Manager for the City of Kodiak ("City"). Specifically, you wish to know whether the holding of these positions at the same time creates any conflict pursuant to the Kodiak Island Borough Code of Ordinances ("KIBC" or "Borough Code"), the circumstances under which such conflicts may arise, and once arisen, how they may be resolved. You have also asked whether, in such instance, the Assembly member may properly participate in and vote upon legislation concerning: (1) contracts between the Borough and the City, according to which the City would receive direct monetary compensation; (2) questions of policy that involve both the Borough and the City; and, (3) issues related to a road abutted by property that the member owns. Short Answer As we understand it, your questions implicate two distinct considerations. First, whether the offices of Borough Assembly member and Deputy City Manager are so incompatible with one another as to make their consolidation in one person impermissible. Second, whether the simultaneous holding of those two offices gives rise to specific financial conflicts of interest prohibited by the Borough Code. LEVESQUE LAW GROUP, LLC Compatibility of Offices and Conflicts of Interest December 20, 2017 Page 12 As a technical matter, a sitting Borough Assembly member's employment by the City as its Deputy City Manager does create the possibility that instances may arise in which the member's official duties may be incompatible with competing duties to the City. However, there does not appear to be any applicable law or legal principle that generally prohibits an Assembly member's simultaneous employment by the City. Regardless, we recommend that the Assembly member refrain from participating in any Borough matter with respect to which the Borough's interests are appreciably adverse to the City's. Similarly, there is also some possibility that matters may come before the Assembly that, due to their nature, would require the member's recusal in order to meet the requirements of the Borough Code's conflicts of interest ordinance. The determination of whether an Assembly member has a conflict of interest sufficient to require recusal involves a fact -sensitive inquiry that must be conducted on a case-by-case basis. Thus, while legislation relating to roads that are abutted by property owned by an Assembly member, as well as contracts that would result in the direct payment of money to the member's employer, do implicate conflict of interest concerns, without additional specific facts we are unable to advise the Borough with any reasonable certainty as to whether and when Assembly members may properly participate in such matters.' Laws and Legal Principles Governing the Compatibility of Dual Offices The Alaska Statutes and the Borough Code KIBC 2.35.015 prohibits Assembly members from serving in any capacity as Borough employees, from holding any professional services agreement with the Borough, and further provides that violation of those prohibitions is grounds for not only the termination of the member's employment, but also the member's term of office.' No Borough ordinance or Alaska statute generally prohibits borough Assembly members from being employed by cities that fall within those boroughs.' Further, KIBC 2.25.030 mandates that all Assembly members must affirm in writing that they will "honestly, faithfully, and impartially" perform the duties of their office. ' However, it does seem reasonably certain that an Assembly member's participation in legislation involving the creation of policy with respect to the Borough's relationship with the City would not give rise to any impermissible conflict of interest in the absence of a substantial direct or indirect financial interest. ' See also KIBC 2.25.010 ("An assembly member may not hold a position as borough mayor or borough employee, except as provided by statutes."). ' It is interesting to note that Art. X, Sec. 4 of the Alaska Constitution previously required that all cities within boroughs be represented on borough assemblies. In 1972, Alaskans voted to repeal the requirement, not because dual service was legally impermissible, but because recent federal cases imposed new apportionment requirements. See Gordon Harrison, Alaska Legislative Affairs Agency, Alaska's Constitution: A Citizen's Guide at p. 169-70 (5th ed. 2012), available at http://w3.legis.state.ak.us/docs/pdf/citizens_guide.pdf (last accessed December 19, 2017). LEVESQUE LAW GROUP, LLC Compatibility of Offices and Conflicts of Interest December 20, 2017 Page 13 Common -Law Principles Requiring Compatibility Between Held Offices The Alaska Supreme Court has never addressed whether a person may properly hold elected borough office while employed by a city within the borough. The Alaska case most related to the present inquiry is Acevedo v. City of North Pole, in which the Alaska Supreme Court addressed the question of whether a city employee was prohibited from simultaneously serving on the city council .4 There, as part of its analysis, the Court looked to the common-law prohibition against the holding of incompatible offices to determine the permissibility of serving the city in both capacities.5 The Court explained that the common law prohibition was imposed to achieve the following purposes: (1) preventing... offices and positions of public trust [from] accumulating in a single person; (2) preventing individuals from deriving, directly or indirectly, any pecuniary benefit by virtue of their dual position -holding; (3) avoiding the inherent conflict which occurs when an employee's elected position has revisory power over the employee's superior in another position; and (4) generally, to insure that public officeholders and public employees discharge their duties with undivided loyalty.6 When viewed in their totality, these principles dictate that two positions become impermissibly incompatible with one another when the respective interests of each are sufficiently adverse that it becomes impossible for the individual who holds both to perform his or her duties to one or both with undivided loyalty.' Laws Governing the Prohibition Against Financial Conflicts of Interest Both the Alaska Statutes and the Borough Code prohibit Assembly members from participating in any official action in which the member has a substantial financial interest.8 The term "substantial financial interest" as it is used within both sets of laws is not defined; consequently, there exists no bright -line test according to which the Borough is required to determine if and when an Assembly member's financial interest in the outcome of an action ° 672 P.2d 130 (Alaska 1983). 5 Id., at 134. 8 Id. (citations omitted). The City Attorney for the City of Kodiak recently issued a legal opinion regarding this issue, and similarly concluded that these principles are applicable to this inquiry. See Memorandum from Brooks Chandler to Kodiak City Manager Mike Tvenge, December 8, 2017, Attachment A hereto. 8 A.S. 29.20.010(a); KIBC 2.35.010(D). LEVESQUE LAW GROUP, LLC Compatibility of Offices and Conflicts of Interest December 20, 2017 Page 14 should be considered substantial.9 In the absence of any ordinance establishing a specific value, to determine whether a "substantial" financial interest exists, the Assembly must begin by "focus[ing] ... on the relationship between the public official's interest and the possible result of the official's action, regardless of the official's intent.i10 Without clear direction, it follows that whenever an Assembly member participates in an official action, and one probable result of the action will be that the Assembly member will receive some "direct or indirect financial interest" not also received by all, most, or at very least some large class of the Borough's citizens, then such participation is probably prohibited by KIBC 2.35.010(D) and Alaska law. Each Assembly member is vested with the primary duty for monitoring his or her conflicts of interest, according to the procedures prescribed by Alaska law.11 To meet that duty, members should employ the following procedure whenever a potential conflict of interest is raised: First, the actual or perceived substantial financial interest should be disclosed to the body on the record, and it should be requested that the member be excused from participating in the matter. 12 The presiding officer must then issue a ruling as to whether the member shall be excused from participation, which the Assembly may override by majority vote.13 When the actual or perceived conflict of interest involves the presiding officer, the deputy presiding officer is typically charged with making the required rulings. When a conflict of interest prohibits a member's participation in an official action, the member is disqualified from not only voting on the matter, but also from engaging in its discussion or debate. As the Alaska Supreme Court has explained: A council member's role in the adoption or rejection of an ordinance cannot necessarily be measured solely by that member's vote. A conflicted member's participation in discussion and debate culminating in the final vote may influence e While other municipalities, like the Borough, have elected not to codify specific monetary amounts to guide the determination as to whether a conflict of interest exists, a great many others have. For example, the Matanuska-Susitna Borough Code provides that, "A financial interest over $1,000 is presumed substantial under this chapter. A lesser amount is presumed insubstantial:' See MSBC 2.71.020(D)(3). The Bristol Bay Borough has similarly set the threshold amount at $2,500.00. See BBBC 2.15.005(C)(1). The North Slope Borough has not established a specific amount to be considered "substantial" but has instead developed a test, which requires the determination of whether the "financial interest... is of a magnitude that it would be the primary reason for a person's act to benefit himself or his family members." See NSBC 2.22.020. 70 Griswold v. City of Homer, 925 P.2d 1015, 1025-26 (Alaska 1996) (quoting Camey v. State, Bd. of Fisheries, 785 P.2d 544, 548 (Alaska 1990) (citations omitted)). 11 While the primary responsibility for monitoring a member's conflicts of interest falls upon the member, the governing body as a whole has a shared responsibility for ensuring that undisclosed, perceived conflicts are properly addressed so as to ensure the validity of subject proposed action. t2 A.S. 29.20.010(a). 13 Id. LEVESQUE LAW GROUP, LLC Compatibility of Offices and Conflicts of Interest December 20, 2017 Page 15 the votes of the member's colleagues. Moreover, the integrity required of public officeholders demands that the appearance of impropriety be avoided.... Analysis Incompatibility of the Offices of Borough Assembly Member and Deputy City Manager There appears to be no express provision, either in the Alaska Statutes or the Borough Code, that explicitly prohibits Assembly members from being employed by other municipalities. In that absence, the question of whether it is permissible appears to turn upon the common-law principles that prohibit the simultaneous holding of incompatible offices. As was explained by the City Attorney's memorandum regarding this matter, "The initial question is whether the deputy city manager position is an 'office' for purposes of this legal rule."'" We agree with the City Attorney's conclusion that it does. The analysis then requires consideration of whether the holding of both offices by the Assembly member presents an unreasonable risk of creating the outcomes that the common law prohibition against incompatible offices is designed to prevent. First, because the Borough and the City are distinct legal entities, there does not appear to be any risk that the holding of both offices will consolidate multiple Borough offices in one person, or any risk that the Assembly member will have authority over any superior Borough officer. Second, because both Alaska law and Borough ordinance explicitly prohibit conflicts of interest, any risk of pecuniary gain resulting from holding both positions is effectively alleviated. There is some risk that matters will from time to time come before the Assembly with respect to which the Borough's interests in the outcome are sufficiently distinct from the City's that serious questions arise regarding the Assembly member's ability to serve the Borough's interests with undivided loyalty. However, we do not believe that the facts that have been presented currently indicate that the risk of dilution will be so ubiquitous as to fundamentally undermine the Assembly member's ability to loyally execute his duties to the Borough. Any risk would be further minimized by the Assembly member's abstention from participating in issues where the possibility of actual or perceived conflicts between the Borough's and the City's respective interests are most apparent. For example, the negotiation of contracts or other transactions between the Borough and the City present a paradigmatic example of an instance in which the Borough and the City may be presumed as having distinct interests. Another instance may arise if the Assembly were to participate in any Borough action with respect to City efforts to initiate the annexation of Borough lands, or to consolidate the two municipal entities. 14 Attachment A, at 4. LEVESQUE LAW GROUP, LLC Compatibility of Offices and Conflicts of Interest December 20, 2017 Page 16 Conflicts of Interest Although both the incompatibility of offices doctrine and the legislative prohibition against conflicts of interest relate to bias, the latter addresses primarily those biases that are motivated by financial gain, whether direct or indirect. Because the Assembly member derives an income from employment as the Deputy City Manager, there does exist some possibility that matters may come before the Assembly that will result in some pecuniary benefit to the Assembly member's employer, which may in turn be reasonably perceived as having at the very least some theoretical effect upon the Assembly member's own financial interests. Such matters would generally include the Assembly's consideration and action with respect to transactions to which the City is a party, or may stand to benefit from depending upon the outcome. Because the Borough has not adopted an ordinance establishing a monetary amount that may be properly considered "substantial" for the purposes of a conflict of interest analysis, an interest in an abundance of caution would dictate that the Assembly presume that most financial interests may be substantial. However, a member is not automatically disqualified simply because a conflict exists, and the determination as to whether a conflict of interest exists depends upon a fact -sensitive inquiry that takes into consideration the totality of the circumstances. For example, financial interests in the outcome of official action are generally deemed impermissible only when they inure to an official or discrete class of persons of which the official is a member.15 As a consequence, it is impossible to issue a reasonably certain opinion as to whether an Assembly member may have a conflict of interest in any particular situation without having a full grasp of the facts, such as the number of people who stand to benefit from an official action. However, we are happy to assist the Borough in conducting such analyses, with a more comprehensive understanding of the particular facts. I hope that this has adequately answered your questions. As always, I remain available to assist the Borough with this or any other matter. 15 See Griswold, 925 P.2d 1026-27; Carney, 785 P.2d 548-49. BOYD, CHANDLER & FALCONER, LLP Attorneys At Law Suite 302 911 West Eighth Avenue Anchorage, Alaska 99501 Telephone: (907) 272-8401 Facsimile: (907) 274-3698 bcf@bcfaklaw.com MEMORANDUM To: Mike Tvenge City Manager From: Brooks Chandler Date: December 8, 2017 Re: Deputy Manager serving on Kodiak Island Borough Assembly The mayor asked us to examine issues arising from the deputy manager or the City of Kodiak also serving as an assembly member of the Kodiak Island Borough. Based on our review of city and borough ordinances, the city charter, city personnel rules and multiple attorney general opinions from other states we have concluded as follows: 1. City code does not prohibit the deputy city manager from serving on the Borough Assembly. 2. City personnel rules do not prohibit the deputy city manager from serving on the Borough Assembly, however, the city manager should evaluate whether dual service has impacted the deputy's service to the city after the deputy has been employed for six months. 3. A common law doctrine called "incompatibility of office" could prohibit dual service depending on the frequency with which city interests and borough interests conflict and the nature of that conflict. It is not obvious there will be frequent conflicts. ATTACHMENT A MEMO: DEPUTY CITY MANAGER AS MEMBER OF BOROUGH ASSEMBLY PAGE I OF 6 Therefore we do not believe the deputy is legally required to choose between the two positions at this time. Based on these conclusions we make the following recommendations: 1. The deputy manager should ask the borough to obtain a legal opinion from the Borough Attorney on the "incompatibility of office" issue. 2. Both you and the deputy manager should evaluate the frequency with which city interests and borough interests intersect and the potential for conflict between the interests of the city and the interests of the borough after the deputy manager has been employed for six months. FACTS Matthew Van Dacle was elected to the Kodiak Island Borough Assembly in October or 2016. His term of office expires in 2019. In August of 2017 Mr. Van Daele was hired as the deputy city manager for the city of Kodiak. The boundaries of Kodiak are within the boundaries of the Kodiak Island Borough (KIB). LAW A. City Charter Article IV -5 of the city charter slates in part as follows: Except as may be otherwise provided by this charter or by ordinance, the same person may hold more than one office or position in the city government. B. City Code KCC 2.10.070 defines "municipal officer" as "the mayor, the city manager, and city councilmembers". KCC 2.08.065 establishes the position of deputy city manager "who shall be appointed for an indefinite term by the city manager." The deputy city manager is the "department head of the administrative branch of the city government" and reports to the city manager. KCC 2.08.065(b)(1). Among the deputy's duties are to "participate in the development and implementation of short and long range strategic plans, programs, policies and procedures for the city". ATTACHMENT A MEMO: DEPUTY Crry MANAGER AS MEMBER OF BOROUGH ASSEMBLY PAGE2 OF 6 KCC 2.10.060 prohibits all city employees from getting paid by others "for advice or assistance given in the course of the officer's or employee's employment or relating to that employment" and also prohibits a city employee from receiving "valuable consideration" in return for a vote or decision on a particular matter. The city code also prohibits employees from participating in an official action in which the employee has a "substantial financial interest". KCC 2.10.060(c). C. Boroueh Code Borough assembly members wield "legislative power". KIBC 2.25.005. Amongst areas where the Assembly legislates are: 1) adoption ofthe borough budget, 2) setting mill rates, 3) establishing excise taxes (severance, tobacco, marijuana, transient accommodations), 4) forming service areas, 5) regulation of alcohol and marijuana, 6) regulation of animals, 7) solid waste services and 8) planning and zoning. Section 2.30.100(E) of the Kodiak Island Borough Code provides for members of the Assembly to receive $300 per month. D. City Personnel Rules Rule 1403 prohibits any borough employee from engaging in other employment (including public employment) "outside scheduled work hours if such employment conflicts with the City's interests or adversely affects the employee's availability and usefulness." Examples of "other employment" considered contrary to the city's interests include jobs "wherein data or information to which access is provided by City employment could be used" and "Actively participating in management of any business organization that obtains, or is attempting to obtain, funds or business from the City". E. Common Law—Incompatibility of Office "Common law" consists of legal rules established by court decisions not legislative action. Common law is typically applicable in situations where no specific legislative rule has been adopted or where the written ordinances or charter provisions do not directly apply. There is a well-recognized common law prohibition on holding "incompatible offices". The underlying premise is an expectation that an office holder will discharge the duties of office with "undivided ATTACHMENT A MEMO: DEPUTY CITY MANAGER AS MEMBER OF BOROUGH ASSEMBLY PAGE 3 OF 6 loyalty"'. Thus if the duties of one office interfere with the duties of another office one person should not hold both offices. For example, if one office can overrule another the two offices are incompatible. And if there is the possibility of a "significant clash of duties or loyalties between the offices" the two offices are incompatible'. Assessing this possibility is primarily a matter of factual analysis based on the overall framework of authority for the two positions. ANALYSIS The Charter provision does not directly apply because it only addresses service in city government not dual service in city government and borough government. In our opinion, the city code provisions on conflict of interest do not prohibit a city employee from serving as an elected borough official. The $300 monthly payment made by the borough is in return for public service on behalf of the borough not for any action taken by the deputy city manager while working for the city of Kodiak. It is possible to interpret service on the borough assembly as "other employment" for purposes of personnel rule 14033. We assume consideration of whether service on the borough assembly would conflict with city employment was part of the hiring process for the deputy city manager. But sometimes actual experience differs from what is anticipated. Therefore, we recommend the city manager review the extent to which assembly service has conflicted with the city interests at the deputy manager's six month anniversary date. In our opinion, the city is not legally required to maintain the status quo if there are actual examples of conflict that have arisen since the deputy manager was hired. We have also considered how the "incompatibility of office" rule applies. The initial question is whether the deputy city manager position is an `office" for purposes of this legal rule. For a position to be an "office" courts generally require the position to have been created by the city council, to have been assigned duties by the city council and for the council to have either 3 McQuillan on Municipal Corporations (P. ed.) Sec. 12.67, cited in New York Attorney General Op. 1964 No. 92. ' California Atty. Gen. Op. 2012-602, p. 3-5. 3 Whether an elected official is an "employee" is a complicated legal question with one answer applying in one context (Affordable Care Act) and a different answer applying in another context (IRS regulations). For purposes of this opinion we have assumed payment received from the Borough makes service on the borough assembly "other employment" for purposes of Rule 1403. ATTACHMENT A MEMO: DEPUTY CITY MANAGER AS MEMBER OF BOROUGH ASSEMBLY PAGE 4 OF 6 established independent duties to be carried out without supervision or have placed the position under the general control of a superior officer. Applying these criteria easily results in a conclusion the deputy city manager position is an "office" even though the deputy is not defined as an "officer" by ordinance. The position was created by the city council through a city code provision. The same code section also identifies duties and places the deputy under the general supervision of the city manager. The next step of the analysis is whether the nature and duties of the deputy city manager position on the one hand and a borough assembly member on the other hand are inherently inconsistent. The borough assembly cannot fire the deputy city manager or overrule decisions made by the deputy city manager. Therefore, the deputy city manager is not "subordinate" to the borough assembly. There certainly is a real possibility for city interests and borough interests to conflict. The legal question is whether such conflicts can be anticipated to be so "significant and numerouss4 that the deputy cannot realistically be expected to remain loyal to both the city and borough. It is not obvious this is the case. Experience may prove otherwise. If conflicts are neither numerous nor significant recusal rather than forfeiting one of the offices is a legally appropriate way to address the conflicts. We recommend the city let experience guide a decision rather than require the deputy city manager to choose between the two positions at this time. The one obvious area of conflict involves the issue of city -borough consolidation. The deputy should not be involved on this issue for either the city or the borough. There may be others. If there are and they arise frequently, the deputy should be required to choose between the two positions. This is not only a city issue. Incompatibility of office is a matter for the borough to consider too. It would be prudent for the deputy to request a legal opinion on the same issue from the borough attorney. ° Ca. AG Op. No. 2012-602, p.7. s NY AG Inf. Op. No. 91-62 (same person could be county attorney and deputy town attorney so long as did not participate in matters of conflict between town and county). ATTACHMENT A MEMO: DEPUTY CITY MANAGER AS MEMBER of BORouGII ASSEMBLY PAGE 5 OF 6 Because this issue is of significant public concern in the basic functioning of city government we recommend this opinion be considered a public document and made available to the public upon request. Let me know if you have any further questions regarding this matter. ATTACHMENT A MEMO: DEPUTY CI'T'Y MANAGER AS MUMBLR of BOROUGu ASSEMBLY PAGE 6 OF 6 Kodiak Island Borough Assembly Regular Meeting Guidelines December 21, 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 2. PLEDGE OF ALLEGIANCE — Mayor Rohrer. 3. ROLL CALL KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly member Smiley who is absent due to personal leave. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non -controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: '# Regular Meeting Minutes Of September 7, September 21, and October 4, 2017. # Approval of the Kodiak Island Borough Assembly 2.018 Meeting Schedule. Recommended motion: Move to approve the agenda and consent agenda. • NEW BUSINESS before the approval of Contract No. FY2018-21 (Building Inspection MOA) OR • other items on the agenda. the Clerk's Note: Per KIBC 2.30.060 it takes unanimous consent to add items on to the agenda. ROLL CALL VOTE ON MOTION TO AMEND. VOICE VOTE ON MOTION TO APPROVE AS AMENDED. Kodiak Island Borough Assembly Guidelines December 21, 2017 Page 1 5. APPROVAL OF MINUTES 1' Regular Meeting Minutes Of September 7, September 21, and October 4, 2017 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 — None. 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. 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 — Administrative Official Roberts. 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 December 21, 2017 Page 2 B. State of Alaska Alcohol and Marijuana Control Office Liquor License Transfer of Controlling Interest For Safeway Liquor Store #2522 FROM Albertsons Companies, LLC TO Albertsons Companies, Inc. Recommended motion: Move to voice non -protest to the State of Alaska Alcohol and Marijuana Control Office for a liquor license transfer of controlling ownership for Safeway Liquor Store #2522 from Albertsons Companies, LLC to Albertsons Companies, Inc. Staff Report — Borough Clerk Javier. 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. C. State of Alaska Alcohol and Marijuana Control Office Liquor License Transfer Of Controlling Interest For Safeway Liquor Store #1090 FROM Albertsons Companies, LLC TO Albertsons Companies, Inc. Recommended motion: Move to voice non -protest to the State of Alaska Alcohol and Marijuana Control Office for a liquor license transfer of controlling ownership for Safeway Liquor Store #2522 from Albertsons Companies, LLC to Albertsons Companies, Inc. Staff Report — Borough Clerk Javier. 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 — Administrative Official Roberts 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. Kodiak Island Borough Assembly Guidelines December 21, 2017 Page 3 13. NEW BUSINESS If the agenda is amended AND the item is added here: Recommended motion: Move to waive the confidentiality of the attorney-client privileged legal opinion relating to holding multiple offices and conflict of interest. Assembly discussion. VOICE VOTE ON MOTION. A. Contracts 1. Contract No. FY2018-16 Underground Storage Tank Replacement - 3 Schools (Main Elementary, Old Harbor School and Port Lions School). Recommended motion: Move to authorize the Manager to execute Contract No. FY2018-16 with Golden Alaska Excavating LLC of Kodiak, AK for the UST Replacement - 3 Schools project in an Amount Not to Exceed $208,558. Staff Report—Administrative Official Roberts. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 2. Contract No. FY2018-19 Paving and Underground Storage Tanks - 2 Schools (Kodiak Middle School and Peterson Elementary). Recommended motion: Move to authorize the Manager to execute Contract No. FY2018-19 with Brechan Construction LLC of Kodiak, AK for the Paving and UST - 2 Schools project in an Amount Not to Exceed $1,450,274.46. Staff Report — Administrative Official Roberts. Assembly discussion. ROLL CALL VOTE ON THE MOTION. Kodiak Island Borough Assembly Guidelines December 21, 2017 Page 4 3. Contract No. FY2018-20 East Elementary Renovation Phase II. Recommended motion: Move to authorize the Manager to execute Contract No. FY2018-20 with Cornerstone General Contractors, Inc. of Anchorage, AK for the East Elementary Renovation Phase II project in an Amount Not to Exceed $859,400. Staff Report — Administrative Official Roberts. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 4. Contract No. FY2018-21 Update To The Building Inspection Program Memorandum Of Agreement Between The Kodiak Island Borough And The City Of Kodiak Recommended motion: Move to direct the Borough Manager to execute Contract No. FY2018-21 Update to the Building Inspection Program MOA between the Kodiak Island Borough and the City of Kodiak. Staff Report—Administrative Official Roberts. Clerk's note: Assembly member Van Daele may ask to abstain from voting (see procedures on page 11. He may make a brief statement of the reasons for making such a request. Recommended motion: Move to excuse Assembly member who wishes to abstain from voting. ROLL CALL VOTE ON MOTION TO EXCUSE SHALL BE TAKEN WITHOUT DEBATE. Assembly discussion on the Contract. ROLL CALL VOTE ON THE MOTION. Borough code 2.30.070(F): All assembly members present shall vote unless the assembly for special reason permits a member to abstain, except no assembly member may vote on a question in which he has a substantial financial interest. All motions to excuse a member shall be made before the call of "ayes" and "noes" is commenced, and any member requesting to be excused from voting may make a brief statement of the reasons for making such a request, and the vote shall be taken without further debate. Kodiak Island Borough Assembly Guidelines December 21, 2017 Page 5 B. Resolutions 1. Resolution No. FY2018-17 Extending The Lease For The Providence Kodiak Island Counseling Center To Allow Adequate Time To Negotiate And Sign A New 3 -Year Lease. Recommended motion: Move to adopt Resolution No. FY2018-17. Staff Report—Administrative Official Roberts. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 2. Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Killarney Hills Subdivision, Surplus To Public Need, Approving Disposal Of These Properties Upon Adoption Of A Master Plan And Authorizing Staff To Undertake The Preparation Of A Master Plan. Recommended motion: Move to adopt Resolution No. FY2018-18. Staff Report —Administrative Official Roberts. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 3. Resolution No. FY2018-21 A Joint Resolution Of The Kodiak Island Borough Assembly And City Of Kodiak Council Documenting The Kodiak Fisheries Work Group's Scope And Authority. Recommended motion: Move to adopt Resolution No. FY2018-21. Staff Report—Administrative Official Roberts. Assembly discussion. ROLL CALL VOTE ON THE MOTION. C. Ordinances for Introduction — None. Kodiak Island Borough Assembly Guidelines December 21, 2017 Page 6 D. Other Items Mayoral Appointments Of Assembly Member Representatives To Different Boards, Committees, Commissions, And Councils; and Assembly Representatives To The Different Cities, Communities, and Villages. Recommended motion: Move to confirm the mayoral appointments of assembly member representatives to different Boards, Committees, Commissions, and councils, and Assembly member liasions to the different Cities and Villages. Staff Report — Borough Clerk Javier. Assembly discussion. If the Assembly wishes to divide the question/motion, see blue text below. ROLL CALL VOTE ON MOTION. 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor MAY NOT APPOINT AGAIN THE SAME PERSON whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly. The Assembly can divide the question to confirm the appointments with the exception of specific appointments. This motion is not debatable. Recommended motion: Move to divide the question by separating the appointments to the (state the specific boards). CHAIR TO ASK IF THERE IS ANY OBJECTION TO DIVIDE THE QUESTION. IF NONE, ANNOUNCE THAT THE QUESTION/MOTION WILL BE DIVIDED Kodiak Island Borough Assembly Guidelines December 21, 2017 Page 7 ROLL CALL VOTE ON MOTION TO CONFIRM THE MAYORAL AND ASSEMBLY APPOINTMENTS WITH THE EXCEPTION OF THE APPOINTMENTS. For remaining boards, if the question is divided: 1. MAYOR ROHRER will announce his appointment for the Board. 2. Assembly discussion. 3. ROLL CALL VOTE confirming the appointment. 4. Introduce the next appointment. NOTE: For failed appointments, the Mayor shall appoint a new applicant/appointee until an appointment is confirmed by the assembly or he may choose to delay his appointment until the next meeting. 2. Confirmation of the Annual Mayoral Appointments to the Various Boards, Committees, and Commissions. Recommended motion: Move to confirm the following Mayoral appointments: • Steven Neff and Jerrol Friend for terms to expire 2020 on the Architectural/Engineering Review Board • Matthew Bobby Bassham and Ben Millstein for terms to expire 2020 on the Parks and Recreation Committee Staff Report—Administrative Official Roberts. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 3. Confirmation of the Assembly Appointment to the Mission Lake "Tidegate" Service Area Board (Mr. Craig Johnson). Recommended motion: Move to confirm the Assembly Appointment of Mr. Craig Johnson to the Mission Lake "Tidegate" Service Area Board for a seat to expire December 2020. Staff Report — Administrative Official Roberts. Assembly discussion. ROLL CALL VOTE ON THE MOTION. Kodiak Island Borough Assembly Guidelines December 21, 2017 Page 8 4. Confirmation of the Assembly Appointments to the Citizens Board of Equalization. (Ms. Paula Laird & Mr. John Parker) Recommended motion: Move to confirm the Assembly Appointments of Ms. Paula Laird and Mr. John Parker to the Board of Equalization for seats to expire on 2020. Staff Report—Administrative Official Roberts. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 5. Alaska Research Consortium Request for Funding Recommended motion: Move to authorize funding for the Alaska Research Consortium in the amount of $2,500. Staff Report—Administrative Official Roberts. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 6. *Approval of the Kodiak Island Borough Assembly 2018 Meeting Schedule. 7. Approving Memoranda Of Understanding For Non -Profit Funding Recommended motion: Move to authorize the Manager to sign Memoranda of Understanding for non-profit funding. Staff Report — Administrative Official Roberts. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 8. Approval Of A 2018 Gulf Of Alaska Pacific Cod Fishery Disaster Declaration Letter Addressed to Governor Bill Walker. Kodiak Island Borough Assembly Guidelines December 21, 2017 Page 9 Recommended motion: Move to authorize the Mayor to sign the 2018 Gulf Of Alaska Pacific Cod Fishery Disaster Declaration Letter Addressed to Governor Bill Walker. Staff Report — Administrative Official Roberts. Assembly discussion. ROLL CALL VOTE ON THE MOTION. If the agenda is amended AND the item is added here: Recommended motion: Move to waive the confidentiality of the attorney-client privileged legal opinion relating to holding multiple offices and conflict of interest. Assembly discussion. VOICE VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 4. address all remarks to the Assembly as a body and not to any member thereof 15. ASSEMBLY MEMBERS' COMMENTS Announcements The Assembly work session scheduled on Thursday, December 28, 2017 is canceled. The Assembly will hold a Strategic Planning meeting on Sunday, January 21, 2018 in the Borough Assembly Chambers. 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 majority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. Kodiak Island Borough Assembly Guidelines December 21, 2017 Page 10 Shane Levesque noted that abstaining is different from refusing to vote. If an Assembly member was excused by the Assembly to abstain, the minutes should reflect that he abstained. The "®" is different from abstaining. Refusal is for someone who refuses to vote and not excused by the Assembly. The vote for someone who refuses to vote goes to the prevailing side that carried the question. Kodiak Island Borough Code Regarding 2.30.070 F. Voting. 1. All assembly members present shall vote unless the assembly for special reason permits a member to abstain, except no assembly member may vote on a question in which he has a substantial financial interest. All motions to excuse a member shall be made before the call of "ayes" and "noes" Is commenced, and any member requesting to be excused from voting may make a brief statement of the reasons for making such a request, and the vote shall be taken without further debate. 2. If a member _ to vote, the clerk shall record a vote for the prevailing side. The "prevailing side" is the side that carried the question and is described as follows: a. If the question passed, having received the affirmative votes of the quorum, that Is the prevailing side; or b. If the question failed, having not received the affirmative votes of the quorum, that is the prevailing side. 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ADOPTED 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). VOICED NON-PROTEST To The State of Alaska Alcohol and Marijuana Control Office Liquor License Transfer Of Controlling Interest For Safeway Liquor Store #2522 From Albertsons Companies, LLC To Albertsons Companies, Inc. VOICED NON-PROTEST To The State of Alaska Alcohol and Marijuana Control Office Liquor License Transfer of Controlling Interest For Safeway Liquor Store #1090 From Albertsons Companies, LLC To Albertsons Companies, Inc. WAIVED The Confidentiality Of The Attorney-Client Privileged Legal Opinion Relating To Holding Multiple Offices And Conflicts Of Interests. AUTHORIZED The Manager To Execute Contract No. FY2018-16 Underground Storage Tank Replacement - 3 Schools (Main Elementary, Old Harbor School and Port Lions School) With Golden Alaska Excavating LLC Of Kodiak, AK - In An Amount Not To Exceed $208,558. AUTHORIZED The Manager To Execute Contract No. FY2018-19 Paving And Underground Storage Tanks - 2 Schools (Kodiak Middle School And Peterson Elementary) With Brechan Construction LLC Of Kodiak, AK - In An Amount Not To Exceed $1,450,274.46. AUTHORIZED The Manager To Execute Contract No. FY2018-20 East Elementary Renovation Phase II With Cornerstone General Contractors, Inc. Of Anchorage, AK - In An Amount Not To Exceed $859,400. AMENDED The Lease Expiration Date To June 30, 2018/ADOPTED Contract No. FY2018-21 Update To The Building Inspection Program Memorandum Of Agreement Between The Kodiak Island Borough And The City Of Kodiak To The June 30, 2018 Regular Meeting Of The Assembly. ADOPTED Resolution No. FY2018-21 A Joint Resolution Of The Kodiak Island Borough Assembly And City Of Kodiak Council Documenting The Kodiak Fisheries Work Group’s Scope And Authority. ADOPTED Resolution No. FY2018-17 Extending The Lease For The Providence Kodiak Island Counseling Center To Allow Adequate Time To Negotiate And Sign A New 3-Year Lease. ADOPTED Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Killarney Hills Subdivision, Surplus To Public Need, Approving Disposal Of These Properties Upon Adoption Of A Master Plan And Authorizing Staff To Undertake The Preparation Of A Master Plan. View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough FAILED The Mayoral Appointment Of Assembly Member Representatives To The Borough Lands Committee. POSTPONED The Mayoral Appointments Of Assembly Member Representatives To Different Boards, Committees, Commissions, And Councils; And Assembly Representatives To The Different Cities, Communities, And Villages To The Next Regular Meeting Of The Assembly. CONFIRMED The Annual Mayoral Appointments To The Various Boards, Committees, And Commissions. CONFIRMED The Assembly Appointment To The Mission Lake "Tidegate" Service Area Board (Mr. Craig Johnson). CONFIRMED The Assembly Appointments To The Citizens Board Of Equalization. (Ms. Paula Laird & Mr. John Parker). AUTHORIZED Funding For The Alaska Research Consortium In The Amount Of $2,500. APPROVED The Kodiak Island Borough Assembly 2018 Meeting Schedule. AUTHORIZED The Manager To Sign Memoranda Of Understanding For Non-Profit Funding. AUTHORIZED The Mayor To Sign The 2018 Gulf Of Alaska Pacific Cod Fishery Disaster Declaration Letter Addressed To Governor Bill Walker.