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2018-01-25 Work Session Kodiak Island Borough Assembly Work Session Thursday, January 25, 2018, 6:30 p.m. School District Conference Room Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal Assembly action are pla Page 1. (Limited to Three Minutes per Speaker) 2. AGENDA ITEMS 3 - 37 a. School District Budget and Requested Mill Rate Increase School District Budget Attachments FY19 Projected Debt Service Mill Rate FY19 Proposed Area-Wide mill rate for KIBSD and Debt Service Mill Rate HIstory FY1992-FY2018 (includes mill rates for FY2019 Debt Service and KIBSD funding request) 38 - 59 b. Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Definition Of Substantial Financial Interest In The Borough Code Conflict of interest Ordinance Change 60 - 70 c. Discussion Of South West Alaska Municipal Conference Resolutions. Output Document (AS - 0749) - Pdf d. Staff Direction To Explore Options In The Russian River and Sargent Creek Drainage Basins For The Purposes Of Flood Control. 3. MANAGER COMMENTS 4. 5. PACKET REVIEW PUBLIC HEARING Visit our website at www.facebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us Page 1 of 70 State Of Alaska Alcohol And Marijuana Control Office New Application For A Limited Marijuana Cultivation Facility From Bells Flats Botanicals (Licensee: Gregory J Egle). Ordinance No. FY2018-13 Amending Various Chapters Of KIBC Title 17 (Zoning) To Clarify Setback Requirements In Various Zoning Districts (P&Z Case No. 18-009). Ordinance No. FY2018-14 Amending KIBC 17.15 (General Provision And Use Regulations), KIBC 17.195 (Variances), KIBC 17.200 (Conditional Use Permits), And KIBC 17.205 (Amendments And Changes) To Make Certain Administrative Land Use Processes Consistent (P&Z Case No. 18-008). CONTRACTS Contract No. FY2018-22 Agreement for Provision Of E-911 Operation And Maintenance Services. Contract No. FY2018-23 Baler Building Roof and Siding Replacement. OTHER ITEMS Confirmation Of The Assembly Appointment To The Mission Lake "Tidegate" Service Area Board (Mr. Randal Ensign). Appointment To the Providence Kodiak Island Medical Center Community Advisory Board (Mr. Steve Honnold, Mr. Jerome Selby, Ms. Pat Branson, and Ms. Teri Scneider). Declaring A Seat Vacant On The Architectural/Engineering Review Board And The Planning And Zoning Commission. EXECUTIVE SESSION Litigation Tactics And Strategies Regarding Kodiak High School Claims: Watterson Construction VS. Kodiak Island Borough. 6. ASSEMBLY MEMBERS COMMENTS 7. Visit our website at www.facebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us Page 2 of 70 AGENDA ITEM #2.a. Page 3 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Dec) - Budget (Nov Preliminary Due BOE (April) Projected Budget Enrollment (November) Approves Count Local Student (May) (October) Borough Contribution July 1 Final Budget Submitted to State by July 15 Page 4 of 70 School District Budget and Requested Mill Rate Increase BUDGET PROCESS AGENDA ITEM #2.a. strategy Enrollment (student count and open schools)State, Fed, and Local fundingUtilitiesSalaries (contracts)Insurance (self insured)Technology (computers) RevenueExpendituresFundbalance Page 5 of 70 DECISION POINTS School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. 20192318 24452018244524032386 24312017243124102398 2016245724502420 ADM Cohort reductionRural school closureDecrease in correspondence 2015248324652444 FTE 2014257225442483 2013257425472521 2012253925312517 (COUNTS AND SCHOOL STATUS) Student Count 2011258725652543 ENROLLMENT TREND 2010261525922566 2009263126212606 2008270126892673 2701 ENROLLMENT 100% Cohort Survival and enrollment trend 2750270026502600255025002450240023502300 COUNT Page 6 of 70 Student CountFTEADM FY19 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. ) Ed program) fewer in 2019 Voc (66 (8 fewer in 2019) ($5,930 set by SOA) school size $616,000 in 2019 (COUNTS AND SCHOOL STATUS) - $352,242 in 2019 - $323,363 for each closed school (ADM ~10 students) -$77,000/student = $5,337/student = Decreased revenue in 2019 due to enrollment $30,282,019 BASIC NEED 1.57 (because we have special needs and x+ 13 for each intensive need student + correspondence student count (90%)x base student allocation = Average Daily Membership then multiplied to determine BASIC NEED Adjusted ADM based on Page 7 of 70 FY19 ENROLLMENT School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. ) $0M - ( $225K) - ( $3,238,838 $160K) 1,985,839 - ( $ 1.1M) - ( $2,100,000 rate): - STATE (TRS/PRS, grant): Entitlement (foundation formula) (min) = 0.265% full tax value (max) = add 23% Basic Need $25,435,852 Local Contribution36% of Impact Aid (federal property) Basic Need ($30,282,019)--+ Quality School designation ($86,820)= Page 8 of 70 Local State OTHER FEDERAL (Impact Aid, DOD): OTHER (e FY19 LOCAL, STATE, FED REVENUE School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. $4,400,953 decrease in 3 years!$5,900,000 decrease if local contribution not funded! $3,590,673 decrease in 2 years! Page 9 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. strategy computers, network, software, hardware) Enrollment (student count and open schools)State, Fed, and Local fundingUtilitiesSalaries (contracts)Insurance (self insured)Technology ( RevenueExpendituresFund balance Page 10 of 70 DECISION POINTS School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Likely too low ~$840,000 range in utility costs due mostly to fuel Page 11 of 70 UTILITIES School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Annual contracted salary increaseSteps and columns with increased experience 1%1%1.5%1.5% $530,000 Increase - FY19 increasesAdministrationCertificatedClassifiedExempt $350,000But FY19 personnel costs lowered Page 12 of 70 SALARIES School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. ) INCREASE FY18 lower claimsFY19 broker expectationsHigh deductible has controlled increase 16% ++10.9%+9.6%+10.1%+10.6%+9.9%+1% FY12 FY13 FY14 FY15 FY16 FY17 FY18 FY19 estimate +8% Page 13 of 70 INSURANCE (ANNUAL % School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Fund balance has been used annually to cover maintaining technology to benefit education.FY17: $500K from FY16 used to fundFY18: No FY17 fund balance availableFY19: No FY18 fund balance and not in budget $900,000 deficit in technology updates Page 14 of 70 TECHNOLOGY School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Page 15 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. $229,144) - ( $1,900,000) - ( Homeschool possible (subsequent decrease in correspondence students) positions $2,939,424) $810,280) - - ( ( Reduction of 13 Certificated positionsReduction of Classified hours Reduced Utilities, Renewal and Replacement Technology personnel - Personnel NonFurther reduced 2 Teaching Further reduced Classified hours where Reallocated Funds to cover Utilities and Reduce 6 Certificated Positions Reduce 4 Classified Positions and reducing hours were possible Reduce Homeschool allotment amount Page 16 of 70 FY18 WINTER REVISIONS FY18 ADOPTED BUDGET FY19 TOTAL School District Budget and Requested Mill Rate Increase 3 YEAR EXPENDITURE DECREASE AGENDA ITEM #2.a. Page 17 of 70 FUND BALANCE STRATEGY School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. personnel ($1,101,637) - 6 Certificated FTE5 Classified FTENon TOTAL: $2,326,289 Page 18 of 70 FY19 NEEDS ANALYSIS School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. increase requested in KIB funding $810K from FY18) - ( $2.4M from FY18) - ( $11,534,500 (with flat KIB funding)$28,674,690$1,985,839$ 680,000$42,875,029 $44,454,487 this does NOT include identified needs!! LocalStateFederalOther Total Revenue Revenue FY19 Expense Shortfall $(1,579,458) Page 19 of 70 FY19 REVENUE TO EXPENSE School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. LOCAL SUPPORT HISTORY Page 20 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Page 21 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. END Page 22 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Page 23 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Page 24 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Page 25 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Page 26 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Page 27 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Page 28 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Page 29 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Page 30 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Dora Cross Page 31 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Page 32 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Page 33 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Page 34 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Page 35 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Page 36 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.a. Page 37 of 70 School District Budget and Requested Mill Rate Increase AGENDA ITEM #2.b. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 15, 2018 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2018-16 Amending Title 2 Administration And Personnel, Chapter 35 Conflict Of Interest, Section 020 Definitions To Establish A Clear Definition Of Substantial Financial Interest In The Borough Code ORIGINATOR: Rebecca Skinner RECOMMENDATION: Move to advance Ordinance No. FY2018-16 to public hearing at the next regular meeting of the Assembly. DISCUSSION: At the January 18 regular meeting, the Assembly postponed the public hearing on this item to the February 15 regular meeting. Additional discussion was added to the January 25 work session agenda. On January 17, Assembly member Scott Smiley added to the packet a version 2 of the ordinance. This ordinance is being introduced by Assembly member Skinner. Please see attached memo in the packet. polices or guidelines explaining how to determine whether a financial interest is substantial, which could lead to inconsistent application of KIBC conflict of interest provisions. This proposed code amendment creates a bright-line conflict of interest test that is consistent with past interpretation and application of the Borough Code, conforms with the fairness doctrine, and is in line the State of Alaska4. This code amendment will address most conflict situations the Assembly is likely to encounter, significantly reducing the number of times the Assembly will need to undertake fact-sensitive inquiries and formal action in regards to conflict of interest. Instances of conflict of interest not covered by this amendment would continue to be evaluated on the specific facts of each instance and with consideration of any applicable legal standard. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Page 38 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. 1 Introduced by:Assembly Member Skinner 2 Drafted by:Assembly Member Skinner 3 Introduced on:01/18/2018 4 Public Hearing Date:02/15/2018 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCENO. FY2018-16 9 10 AN ORDINANCEOF THE ASSEMBLY OF THE KODIAK ISLANDBOROUGHAMENDING 11 TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 35 CONFLICT OF INTEREST, 12 SECTION 020 DEFINITIONS TO ESTABLISH A CLEAR DEFINITION OF SUBSTANTIAL 13 FINANCIAL INTEREST IN THE BOROUGH CODE 14 15 WHEREAS,it is recognized that the integrity required of public officeholders demands that the 16 appearance of impropriety be avoided (Griswold 925 P.2d 1015 (Alaska 1996); and 17 18 WHEREAS,the Alaska Statutes and the KIB Code prohibit Assembly members from voting on 19 matters in which they have a substantial financial interest; and 20 21 WHEREAS,the KIB Code 2.35.010 further prohibits a member of the Assembly from voting in 22 cases of both direct and indirect substantial financial interest; and 23 24 WHEREAS,KIB 2.35.010 has previously been interpreted and applied to prohibit Assembly 25 members from voting on matters involving their employers (see LeDoux and KIBSD funding KIB 26 Assembly Regular Meeting of 05/18/17, Van Daele and Leisnoi Conservation Easements KIB 27 Assembly Regular Meeting of 12/01/16); and 28 29 WHEREAS,the KIB Code does not define “substantial financial interest” and a December 28, 30 2017 opinion from the KIB Attorney recommended adding a definition in the KIB Code; and 31 32 WHEREAS,the Assembly recognizes that establishing a clear definition of “substantial financial 33 interest” will help ensure efficiency, consistency, fairness and reduce any appearance of 34 impropriety; and 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 37 BOROUGH THAT: 38 39 Section 1:This ordinance is of a general and permanent nature and shall become a part of the 40 Kodiak Island Borough Code of Ordinances. 41 42 Section 2:That Title 2 Administration and Personnel, Chapter 35 Conflict of Interest, Section 020 43 Definitions of the Kodiak Island Borough Code of ordinances is amended to read as follows: 44 45 Kodiak Island Borough, AlaskaOrdinance No. FY2018-16 Deletion –Red, StrikeoutPage 1of 2 Insertion –Bold, Blue, UnderlinedVersion 1 Page 39 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. 46 2.35.020 Definitions. 47 48 As used in this chapter, the following definitions shall apply: 49 50“Municipal officer” means the mayor, assembly members, manager, and members of the planning 51 and zoning commission. 52“Substantial financial interest” means an expectation of receiving a non-trivial pecuniary 53 or material benefit or loss. A person who has an ownership interest, or is a director, officer 54 or employee of an organization or entity has a substantial financial interest in regard to 55 that organization, and may not vote on contracts, agreements, or other actions involving 56 that organization. 57 Effective Date:This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 58 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 59 60 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 61 THIS __________ DAY OF _______________,2018. 62 63 KODIAK ISLAND BOROUGHATTEST: 64 65 66______________________________________________________ 67 Daniel A. Rohrer,MayorNova M. Javier, MMC, Clerk 68 69 VOTES: 70 Ayes: 71 Noes: Kodiak Island Borough, AlaskaOrdinance No. FY2018-16 Deletion –Red, StrikeoutPage 2of 2 Insertion –Bold, Blue, UnderlinedVersion 1 Page 40 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. MEMORANDUM To: KIB Borough Assembly Through: KIB Borough Clerk From:Rebecca Skinner Date:January 9, 2018 Re: Proposed Code Change Regarding Conflict of Interest Alaska statutes prohibit elected officials from voting on matters in which they have a substantial 1 financial interest, and require that amunicipalityaddress this in code,or default to state law.In addition, the appearance of fairness doctrinerequires that “the public trust be maintained by 2 ensuring that an action not only be fair, but that it also appearsfair”.Kodiak Island Borough Code 2.35.010 addresses conflict of interest and prohibits Assembly members from voting on matters in which they have a direct or indirect substantial financial interest. The Borough code does not define “substantial financialinterest,” and there are no KIB polices or guidelines explaining how to determine whether a financial interest is substantial, which could lead to inconsistent application of KIBC conflict of interest provisions. This gap was identified by the Borough Attorney in his December 20, 2017 memorandum, along with examples of how other municipalities have created bright-line tests and definitions of “substantial financial interest.” I reviewed past Assembly actions (votes and recusals) and it appears that the Borough Code has beeninterpreted and applied to prohibit Assembly members from voting on matters involving an entity with which the Assembly member hasan existing or imminent ownership or employment 3 interest. As additional points of reference I also reviewed other Alaskan municipal codes and State of Alaska guidance for public employees. A number ofmunicipalities, and the State of Alaska, define “substantial financial interest” or “financial interest” to include an individual’s employment. Additionally, employer information is collected on the annual APOC financial disclosure form required to be submitted by every Assembly member. Thisproposed code amendment creates a bright-lineconflict of interesttest that is consistent with past interpretation and application of the Borough Code, conforms with the fairness doctrine, and is in line with “substantial financial interest”definitions used by other municipalities and the State 4 of Alaska.I believe this code amendment will addressmost conflict situationsthe Assembly is likely to encounter, significantly reducing the number of times the Assembly will need to undertake fact-sensitive inquiries and formal actionin regards to conflict of interest.Instances of conflict of interest not covered by thisamendment would continue to be evaluated on the specific facts of each instance and with consideration of any applicable legal standard. 1 AS 29.AS 29.20.010. Conflict of Interest 2 SeeState ofAlaska Department ofCommerce, Community,and Economic DevelopmentDivision ofCommunity and RegionalAffairs“Local Government Online”resourcepage for local government and elected officialsat: https://www.commerce.alaska.gov/web/dcra/LocalGovernmentOnline/LocalGovernmentElectedOfficials/Conflictof Interest.aspx 3 The twomost recent instancesdirectly on point are: (1)LeDoux declareda conflict andwas excused fromvoting onKIBSD funding provided by the Borough at the KIBAssemblyRegular Meeting of 05/18/17,atwhich time LeDouxhad signeda contractforemploymentwith the School District; (2) Van Daele declaredaconflict andwas excusedfromvoting on theBorough taking onConservation Easements forLeinoi lands at the KIB Assembly RegularMeeting of12/01/16,atwhich time VanDaelehad accepted anoffer of employment with Leisnoi. 4 AS 39.52.960 Page 41 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. Page 42 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. Page 43 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. Page 44 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. Page 45 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. Page 46 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. Page 47 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. Page 48 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. Page 49 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. Page 50 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. Page 51 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. Page 52 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. Page 53 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. 1 Introduced by:Assembly Member Smiley VERSION 2 2 Drafted by:Assembly Member Smiley 3 ASSEMBLY MEMBER Introduced on:?????? 4 Public Hearing Date: SMILEY’S VERSION 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCENO. FY2018-16 9 10 AN ORDINANCEOF THE ASSEMBLY OF THE KODIAK ISLANDBOROUGHAMENDING 11 TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 35 CONFLICT OF INTEREST, 12 SECTION 010CONFLICTS OF INTEREST PROHIBITED 13 14 NOW, THEREFORE, BE IT ORDAINEDBY THE ASSEMBLY OF THE KODIAK ISLAND 15 BOROUGH THAT: 16 17 Section 1:This ordinance is of a general and permanent nature and shall become a part of the 18 Kodiak Island Borough Code of Ordinances. 19 20 Section 2:That Title 2 Administration and Personnel, Chapter 35 Conflict of Interest, Section 010 21 Conflicts of Interest of the Kodiak Island Borough Code of ordinances is amended to read as 22 follows: 23 24 2.35.010 Conflicts of interest prohibited. 25 26 A.A municipal officer, appointed official, or employee may not solicit or receive money for advice 27 or assistance given in the course of the officer’s or employee’s employment or relating to his 28 employment. 29 30 B.A municipal officer, appointed official, or employee may not represent a client before the 31 assembly or the planning and zoningcommission for a fee. 32 33 C.A municipal officer, appointed official, or employee may not accept a gift, loan, gratuity, or 34 other valuable consideration, or a promise of any of them, with the understanding or 35 agreement, expressed or implied, that the officer will cast a vote or give an opinion, decision 36 or judgment in the particular manner, in a matter, question, cause, or proceeding which then 37 is or may by law come or be brought before him, or with the understanding or agreement that 38 the officer or employee will, in his official capacity, act in a particular manner to produce or 39 prevent a particular result. 40 41 D.No municipal officer, appointed official, or employee may vote or participate in any official 42 action in which he has a substantial direct or indirect financial interest. Direct or indirect 43 financial interest shall be disclosed to the chair prior to a vote on the question, and if there are 44 not at least four assembly members in attendance who are qualified to vote, the matter shall Kodiak Island Borough, AlaskaOrdinance No. FY2018-16 Deletion –Red, StrikeoutPage 1of 3 Insertion –Bold, Blue, UnderlinedVersion 2 Page 54 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. 45 be tabled until the next regular or special meeting at which four assembly members qualified 46 to vote on the matter are in attendance. 47 48 E.A municipal officer, appointed official, or employee may not use his official position for the 49 primary purpose of obtaining financial gain for himself, or his spouse, child, mother, father, or 50 business with which he is associated or owns stock. 51 52 A.Financial Conflict of Interest: An Assembly Member or a member of a board or 53 commission should not vote or even participate in a discussion of a matter in which he 54 or she has a "substantial financial interest." The law defining a "substantial financial 55 interest" isincorporated in this section.If amember thinkstheymighthave a conflict 56 of interest, theyshould disclosethe facts at the meeting and ask the presiding officer 57 to rule on whether theyhave a "substantial financial interest." This allows the presiding 58 officer and the body tomake the determination. Disclosure also helps cure the 59 likelihood that a body's action will survive a legal challenge. 60 61 B.Prejudice and Improper Motives: A special set of rules applies when the Assembly or 62 a board or commission is asked to apply the law to a certain set of facts, because then 63 the matter is quasi-judicial. Examples of quasi-judicial decisions are zoning cases and 64 tax appeals. When a matter is quasi-judicial, financial interest is not the only 65 consideration -a member might have a conflict of interest based entirely on how they 66 feel about the people involved. In a quasi-judicial matter, amember should not voteor 67 participate in any way if theyfeel theycannot be fair. One rule of thumb is that if 68 somebody's name is in the motion and it's not a contract award or a vote on somebody 69 getting a job, it's probably quasi-judicial and theyshould consider theirstate of mind. 70 71 C.Conflict of Interest 72 1.No member of the assembly, elected or appointed official, municipal employee 73 or official may participate in official action in which the assembly person, 74 elected official, employee or official has a "substantial financial interest." 75 2.If a member of the assembly or other municipal board or commission has a 76 substantial interest in an official action, that member shall declare the 77"substantial financial interest" and ask to be excused from the vote on the 78 matter. 79 3.Upon request under subsection 2of this section, the following procedure shall 80 be followed: 81 a.The presiding officer shall rule on the request by a member to be 82 excused from voting. 83 b.The assembly, board or commission may override the decision of the 84 presiding officer on the request to be excused by a majority vote. 85 D.As used in this section, "substantial financial interest" means an expectation of 86 receiving a non-trivial pecuniary or material benefit. A "substantial financial interest" 87 of a person includes any "substantial financial interest"to that person's immediate 88 family. A person has a "substantial financial interest" in an organization in which that 89 person has an ownership interest, or is a director or officer,or employee. A person has Kodiak Island Borough, AlaskaOrdinance No. FY2018-16 Deletion –Red, StrikeoutPage 2of 3 Insertion –Bold, Blue, UnderlinedVersion 2 Page 55 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. 90 a "substantial financial interest" in a decision if a "substantial financial interest" of that 91 person will vary with the outcome of the decision. 92 Asubstantial financial interestdoes not include the following: 93 1.A personal or financial interest which is not of the magnitude that would exert 94 an influence on an average, reasonable person. 95 2.A personal or financial interest of a type which in generally possessed by the 96 public or a large class of persons to which that official or employee belongs. 97 3.An action or influence which would have an insignificant or conjectural effect 98 on the matter in question. 99 E.As used in this section, "immediate family" of a person means anyone related to that 100 person by blood, marriage, or adoption or who lives in that person's household. 101 102 Effective Date:This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 103 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 104 105 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 106 THIS __________ DAY OF _______________,2018. 107 108 KODIAK ISLAND BOROUGHATTEST: 109 110 111______________________________________________________ 112 Daniel A. Rohrer,MayorNova M. Javier, MMC, Clerk 113 114 VOTES: 115 Ayes: 116 Noes: Kodiak Island Borough, AlaskaOrdinance No. FY2018-16 Deletion –Red, StrikeoutPage 3of 3 Insertion –Bold, Blue, UnderlinedVersion 2 Page 56 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. Disclosure of Potential Conflictsof Interest My name is Scott Smiley. I am 72 years of age.I was elected to the Kodiak Island Borough Assembly in the fall of 2016. Ihave lived in Kodiak since 1995, and at 3001 Peninsula Road since 1996. I served as a professor and director of the University of Alaska's Fishery Industrial Technology Center (now Kodiak Seafood and Marine Science Center) from 1995 until my retirement in 2012. I was involved in Universityof Alaskaresearch and administration on various fisheries and fish product issues until I retired. For several years I had a small consulting business,Pentamera Services,whose principal activity involvedediting and reviewing federal grantapplications, focused largely onthe development of novel fish products.Pentamera Services is no longer operating. I am retired from theUniversityof Alaska and receive a pensionthrough the Teacher's Retirement Systemin addition to a small pension through Social Security.My retirement provides me with health insurance as does my wife's health insurance policy through the School District. My wife’s name is Kerry Irons. She is currently the principal of Northstar Elementary School. She has been employed by the Kodiak Island Borough School District for 18 years. Our son, Max Smiley lives in Portland OR where he is enrolled in college. We receive other retirement income from investments, principally in mutual funds,as well as Permanent Fund Dividends. I also receive a small monthly remuneration for my work on the Kodiak Island Borough Assembly. As for matters before the Kodiak Island Borough Assembly, I believe that noissuesbeforeusat this meeting wouldresultinsignificant financial impacts for me, my wife or our son. Regarding legal actions against the state, no one in my immediate family is personally involved in lawsuits or belongs to an organization involved in any lawsuits against the State of Alaska or the Kodiak Island Borough. However, as a member of the Kodiak Island Borough Assembly,I may be named as a plaintiff or defendant in a lawsuit at a future point in time.I certify thatthis disclosure statement is true, correct and complete. Page 57 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. Page 58 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.b. Page 59 of 70 Continued Discussion On Ordinance No. FY2018-16 Establishing A Clear Def... AGENDA ITEM #2.c. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 15, 2018 ASSEMBLY REGULAR MEETING SUBJECT: Assembly Review And Taking Official Action Regarding The Following South West Alaska Municipal Conference Resolutions: Resolution No. FY2017-01 Urging the Alaska Legislature to adopt a Sustainable Budget Plan for FY18 Resolution No. FY2017-02 Requesting the Legislature and Governor Walker Not To Impose Any More Cuts to ADF&G Resolution No. FY2017-03 Requesting The Alaska Legislature and Governor Approve State Funding to Match Federal Funding for Replacement of the MV Tustumena. Resolution No. FY2017-04 Giving Strong Support to the Kodiak Seafood and Marine Science Center and Urging the University of Alaska to Maintain the Center as an Important Resource for the State. Resolution No. FY2017-05 Supporting the Governor's Proposed FY18 AMHS Operating Budget and Supporting Forward Funding for the AMHS. Resolution No. FY2017-06 Supporting a Progressive Graduated Statewide Income Tax as Part of a Sustainable Budget for the State of Alaska. ORIGINATOR: Nova Javier RECOMMENDATION: At the January 25 work session, the Assembly reviewed the SWAMC resolutions. Since authorization will be granted to a delegate who will be voting on behalf of the Borough, it is important for the Assembly to take positions on the resolutions. The Assembly would have to vote on the resolutions separately. DISCUSSION: The Kodiak Island Borough is a member of the Southwest Alaska Municipal Conference (SWAMC) and sends a delegate or delegates to attend annual conference each year. An important part of the annual conference is the discussion and approval of resolutions coming from SWAMC membership. Attached to the packet are the five resolutions the SWAMC Board approved at its last meeting on January 18 and further approved for consideration by the SWAMC membership. The SWAMC Board is continuing to work on a few other resolutions it will likely bring to the Membership. The Assembly may also adopt a resolution to submit to SWAMC. SWAMC is open to accepting resolutions submitted before the Conference on March 1 and 2. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: SWAMC is open to accepting resolutions submitted before the Conference on March 1 and 2. Kodiak Island Borough Page 60 of 70 Discussion Of South West Alaska Municipal Conference Resolutions. AGENDA ITEM #2.c. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 15, 2018 ASSEMBLY REGULAR MEETING If there are other resolutions submitted after the meeting, the Borough may or may not have the opportunity to review those due to advertising and meeting deadlines. Kodiak Island Borough Page 61 of 70 Discussion Of South West Alaska Municipal Conference Resolutions. AGENDA ITEM #2.c. MEMBERSHIP RESOLUTION FY18-01 A RESOLUTION BY THE SOUTHWEST ALASKA MUNICIPAL CONFERERNCE MEMBERSHIP SUPPORTING THE REAUTHORIZATION AND AMENDMENT OF THE MAGNUSON-STEVENS ACT TO INSURE THE CONTINUED MANAGEMENT OF THE NATION’S FISHEREIES BASED ON SOUND SCIENCE AND HARVEST LIMITATIONS THAT PRIORITIZE THE CONTIUATION AND SUSTATIABILTY OF AMERICA’S FISHERIES WHEREAS, in 1976 the Fishery Conservation and Management Act, which was later referred to as the Magnuson-Stevens Act (MSA), was enacted to conserve and manage America’s ocean fisheries; and WHEREAS, the MSA aimed to eliminate rampant foreign fishing off the coast of the United States of America and promote the domestic fishing industry by extending USA jurisdiction from 12 nautical miles to 200 nautical miles and establishing an Exclusive Economic Zone; and WHEREAS, MSA also established local control of fisheries management by establishing eight regional fish management councils with representatives from coastal states and fisheries stakeholders; and WHEREAS, the MSA was reauthorized with updates and amendments in 1996 with changes to concentrate even more on conserving sustainable ocean fish populations by reducing bycatch, considering the effect of fisheries management on communities, and protecting fishery habitat; and WHEREAS, in 2007 President Bush signed another bipartisan reauthorization of the MSA that strengthened fish stock management by requiring regional fish management councils to set science- based annual catch limits to prevent overfishing, supported enforcement of international fishing agreements, protected fish habitats, and considered social and economic needs of states and coastal communities in making management decisions; and WHEREAS, work has started on a new reauthorization of the MSA in the form of introduction of H.R. 200 by Representative Don Young and a field hearing of the Senate Commerce, Science, and Transportation conducted by Senator Dan Sullivan in Soldotna, Alaska on August 23, 2017; and WHEREAS, it is important to strengthen any reauthorization of the MSA with emphasis on science-based management of fisheries to insure abundance of important commercial and sports fisheries, protection of fishery habitat in response to rising ocean temperatures and ocean acidification, robust data collection and analysis to make objective fishery management decisions, and continuation and support of regional fish management councils to provide open and transparent deliberations and decision- making at a regional and community level. Economic development and advocacy for Southwest Alaska Economic Development District (EDD) and Alaska Regional Development Organization (ARDOR) Page 62 of 70 Discussion Of South West Alaska Municipal Conference Resolutions. AGENDA ITEM #2.c. Membership Resolution FY18-01 Page 2 of 2 NOW BE IT RESOLVED that the Southwest Alaska Municipal Conference Membership supports reauthorization of MSA that continues and strengthens science-based fisheries management, protection of fishery habitat, provides significant funding for comprehensive data collection and analysis, and bolsters regional fish management councils to provide for transparent and regional policy formulation and implementation. nd PASSED AND ADOPTED by the Southwest Alaska Municipal Conference Membership this 2 day of March 2018. IN WITNESS THERETO: ATTEST: _____________________________ _________________________________ Rebecca Skinner, SWAMC President Doug Griffin, SWAMC Executive Director Economic development and advocacy for Southwest Alaska Economic Development District (EDD) and Alaska Regional Development Organization (ARDOR) Page 63 of 70 Discussion Of South West Alaska Municipal Conference Resolutions. AGENDA ITEM #2.c. MEMBERSHIP RESOLUTION FY18-02 A RESOLUTION BY THE SOUTHWEST ALASKA MUNICIPAL CONFERERNCE MEMBERSHIP URGING GOVERNOR WALKER TO DECLARE A FEDERAL FISHERIES DISASTER FOR THE 2018 COMMERCIAL PACIFIC COD FISHERY IN THE GULF OF ALASKA WHEREAS, in December 2017, using its biennial bottom trawl survey showing a 71% decline in Gulf cod abundance since 2015 and an 83% decline since 2013, the National Marine Fisheries Service reduced the 2018 Gulf of Alaska (GOA) Pacific cod catch limits by 80 percent compared to 2017; and WHEREAS, Pacific cod fishery is a critical species in the GOA that is harvested by all gear types in both state and federal waters across all seasons; and WHEREAS, many coastal communities are dependent upon GOA Pacific cod with fishing fleets and processors in Kodiak and the Kodiak Island Borough constituting the primary community invested in this fishery; and WHEREAS, using the most recent year’s prices, an 80% reduction suggests a 2018 ex-vessel value of $9.6 million; and WHEREAS, according to the 2017 GOA Pacific cod Stock Assessment and Fisheries Evaluation (SAFE), the most recent average 5-year GOA Pacific cod first-wholesale value is $103.8 million and an 80% reduction equates to only $20.8 million in first wholesale value in 2018; and WHEREAS, scientists link the high natural mortality of Pacific cod with record warm Gulf of Alaska temperatures in 2014- 2016 (“the blob”) and warm water effects on forage fish and cod bioenergetics which 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; and WHEREAS, with the Pacific cod biomass not projected to bottom out until 2020, this dramatic fishery decline will persist for several years, at the very minimum until 2021; and WHEREAS, the causes for the collapse of the Pacific cod fishery is beyond the control of fishery managers and regulators must respond by setting 80% lower catch limits to stay within sustainable levels; and WHEREAS, the diminished Pacific cod fisheries will severely affect fishermen, fish processors, vendors, and local governments and create significant hardship on both the private and public sector economies of coastal communities involved in this important fishery; and Economic development and advocacy for Southwest Alaska Economic Development District (EDD) and Alaska Regional Development Organization (ARDOR) Page 64 of 70 Discussion Of South West Alaska Municipal Conference Resolutions. AGENDA ITEM #2.c. Membership Resolution FY18-02 Page 2 of 2 WHEREAS, under the Magnuson-Stevens Act (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; and WHEREAS, the Pacific cod biomass decline meets the definition of a fishery resource disaster; and WHEREAS, the MSA authorizes the Secretary of Commerce to determine if a commercial fishery failure has occurred and warrants federal disaster relief; and WHEREAS, a commercial fishery failure declaration from the Governor’s office will begin the long process of requesting federal aid to assist our fishermen, processors and fishery-dependent communities during this difficult time. NOW BE IT RESOLVED that the Southwest Alaska Municipal Conference Membership respectfully urges Governor Bill Walker to review the Pacific cod resource disaster in the Gulf of Alaska and declare a federal fishery failure in accordance with Section 312(a) of the MSA. This action will initiate the process of review by the Secretary of Commerce for a federal disaster and relief declaration. nd PASSED AND ADOPTED by the Southwest Alaska Municipal Conference Membership this 2 day of March 2018. IN WITNESS THERETO: ATTEST: _____________________________ _________________________________ Rebecca Skinner, SWAMC President Doug Griffin, SWAMC Executive Director Economic development and advocacy for Southwest Alaska Economic Development District (EDD) and Alaska Regional Development Organization (ARDOR) Page 65 of 70 Discussion Of South West Alaska Municipal Conference Resolutions. AGENDA ITEM #2.c. MEMBERSHIP RESOLUTION FY18-03 A RESOLUTION BY THE SOUTHWEST ALASKA MUNICIPAL CONFERERNCE MEMBERSHIP SUPPORTING THE “COASTAL COMMUNITIES OCEAN ACIDIFICATION ACT OF 2017” INTRODUCED BY SENATOR LISA MURKOWSKI WHEREAS, Ocean Acidification (OA) has been identified as a persistent and potentially devastating consequence of ocean absorption of carbon in the atmosphere due to industrialization, the burning of fossil fuels, and global warming; and WHEREAS, average ocean pH is about 8.0 or 8.1 and the pH is projected to decline to a range of 7.1 to 7.8 based on the amount of carbon in the atmosphere now and modeled into the future and the projected rate of ocean absorption of carbon; and WHEREAS, because pH is measured on a logarithmic scale this amount of change in the pH amounts to a 60-70 percent increase in acidity; and WHEREAS, work being done at the National Oceanic and Atmospheric Administration (NOAA) Lab in Kodiak indicates that crab and other shellfish have a hard time accessing a substance called carbonate at these more acidic pH levels and a key salmon food source, pteropods, are similarly affected; and WHEREAS, in recognition of this potential threat to marine ecosystems, commercial seafood species, and the coastal communities that depend on these resources, Senator Lisa Murkowski introduced the “Coastal Communities Ocean Acidification Act of 2017” (S. 2229) on December 14, 2017 with the bipartisan co-sponsorship of Senators Collins, Peters, Whitehouse, and Cantwell; and WHEREAS, S.2229 directs the NOAA Administrator “to conduct coastal community vulnerability assessments related to ocean acidification”; and WHEREAS, a vulnerability assessment of coastal communities is vital to prepare potentially affected communities for economic disruption and take mitigation actions to address the economic, social, and cultural threats attributable to OA; and WHEREAS, protection of resources that drive economic and community well-being and quality of life is the primary mission of the Southwest Alaska Municipal Conference; and WHEREAS, SWAMC stands ready to assist in the effort to better understand OA and the threat that it poses to the SWAMC members and all coastal communities within its jurisdiction. Economic development and advocacy for Southwest Alaska Economic Development District (EDD) and Alaska Regional Development Organization (ARDOR) Page 66 of 70 Discussion Of South West Alaska Municipal Conference Resolutions. AGENDA ITEM #2.c. Membership Resolution FY18-03 Page 2 of 2 NOW BE IT RESOLVED that the Southwest Alaska Municipal Conference Membership strongly supports passage of S. 2229 – the “Coastal Communities Ocean Acidification Act of 2017” and urges hearings, th consideration, and passage of this legislation by the 115 U.S. Congress and signature into law by President Trump. nd PASSED AND ADOPTED by the Southwest Alaska Municipal Conference Membership on this 2 day of March 2018. IN WITNESS THERETO: ATTEST: _____________________________ _________________________________ Rebecca Skinner, SWAMC President Doug Griffin, SWAMC Executive Director Economic development and advocacy for Southwest Alaska Economic Development District (EDD) and Alaska Regional Development Organization (ARDOR) Page 67 of 70 Discussion Of South West Alaska Municipal Conference Resolutions. AGENDA ITEM #2.c. Alaska Peninsula Southwest Alaska Municipal Conference Aleutian Chain Bristol Bay Kodiak Island 3300 Arctic Boulevard, Suite 203 Anchorage, AK 99503 p: 907.562.7380 www.swamc.org Pribilof Islands MEMBERSHIP RESOLUTION FY18-04 A RESOLUTION BY THE SOUTHWEST ALASKA MUNICIPAL CONFERERNCE MEMBERSHIP SUPPORTING A PROGRESSIVE GRADUATED STATEWIDE INCOME TAX AS PART OF A SUSTAINABLE BUDGET FOR THE STATE OF ALASKA WHEREAS, the Southwest Alaska Municipal Conference recognizes that the State of Alaska will consider raising revenues as part of a comprehensive plan to address the State’s budgetary shortfall; and WHEREAS, broad based taxes have been identified as part of a potential revenue package to close the State’s fiscal gap and construct a sustainable budget; and WHEREAS, options for a broad- based tax include a graduated income tax, a payroll tax, and a State sales tax; and WHEREAS, the amount of sales tax paid increases with the price of goods being purchased and penalizes rural residents of Alaska already facing higher prices for goods and services; and WHEREAS, a sales tax uniformly imposed Statewide would require rural residents to shoulder a disproportionate share of any such tax; and WHEREAS, a sales tax is a regressive tax that would disproportionately burden low income Alaskans, especially Alaskans with large families; and WHEREAS, the imposing a sales tax would raise the already high cost of living for rural Alaskans and further jeopardize the viability of rural cities and villages; and WHEREAS, sales taxes have historically been levied by municipal governments to pay for vital public services such as public safety, transportation, and education; and WHEREAS, a progressive graduated income tax would tax Alaskans based on income and ability to pay; and WHEREAS, a progressive graduated income tax would tax all income earned in Alaska allowing the State to collect from out-of-state seasonal and year-round income earners that now benefit from government services without contributing toward this service support. %¢®­®¬¨¢ £¤µ¤«®¯¬¤­³  ­£  £µ®¢ ¢¸ ¥®± 3®´³§¶¤²³ !« ²ª  %¢®­®¬¨¢ $¤µ¤«®¯¬¤­³ $¨²³±¨¢³ Ȩ%$$ȩ  ­£ !« ²ª  2¤¦¨®­ « $¤µ¤«®¯¬¤­³ /±¦ ­¨¹ ³¨®­ Ȩ!2$/2ȩ Page 68 of 70 Discussion Of South West Alaska Municipal Conference Resolutions. AGENDA ITEM #2.c. Membership Resolution FY18-04 Page 2 of 2 NOW BE IT RESOLVED that the Southwest Alaska Municipal Conference Membership supports a progressive graduated income tax rather than a sales tax or payroll tax as part of any comprehensive plan to enact a sustainable State budget. nd PASSED AND ADOPTED by the Southwest Alaska Municipal Conference Membership this 2 day of March 2018. IN WITNESS THERETO: ATTEST: _______________________________ ________________________________ Rebecca Skinner, SWAMC President Doug Griffin, SWAMC Executive Director %¢®­®¬¨¢ £¤µ¤«®¯¬¤­³  ­£  £µ®¢ ¢¸ ¥®± 3®´³§¶¤²³ !« ²ª  %¢®­®¬¨¢ $¤µ¤«®¯¬¤­³ $¨²³±¨¢³ Ȩ%$$ȩ  ­£ !« ²ª  2¤¦¨®­ « $¤µ¤«®¯¬¤­³ /±¦ ­¨¹ ³¨®­ Ȩ!2$/2ȩ Page 69 of 70 Discussion Of South West Alaska Municipal Conference Resolutions. AGENDA ITEM #2.c. Alaska Peninsula Southwest Alaska Municipal Conference Aleutian Chain Bristol Bay Kodiak Island 3300 Arctic Boulevard, Suite 203 Anchorage, AK 99503 p: 907.562.7380 www.swamc.org Pribilof Islands MEMBERSHIP RESOLUTION FY18-05 A RESOLUTION BY THE SOUTHWEST ALASKA MUNICIPAL CONFERERNCE MEMBERSHIP SUPPORTING THE GOVERNOR’S PROPOSED FY19 ALASKA MARINE HIGHWAY SYSTEM OPERATING BUDGET AND SUPPORTING FORWARD FUNDING FOR THE ALASKA MARINE HIGHWAY SYSTEM WHEREAS, forward funding would allow predictability and be positive in generating revenue for the AMHS; and WHEREAS, the Alaska Marine Highway System (AMHS) has been providing essential transportation to Alaska’s coastal communities since 1963; and WHEREAS, the AMHS has 11 vessels that serve 33 Alaskan communities stretching from Metlakatla to Unalaska, including service to Kodiak Island; and WHEREAS, the AMHS accounted for 1,700 Alaska jobs in 44 different communities and $104 million in Alaska wages in 2014; and WHEREAS, the AMHS carried 319,000 passengers, 108,000 vehicles, and 4,000 container vans in 2014; and WHEREAS, the AMHS is vital for coastal Alaskan communities, particularly those that are not located on the State’s road system; and WHEREAS, the AMHS has already sustained significant funding reductions that have reduced service throughout the system; and WHEREAS, further reductions in the AMHS will harm tourism, commerce, economic development, and quality of life for nearly 100,000 Alaskans; and WHEREAS, the Southeast Conference is completing an AMHS Strategic Plan to recommend changes in the way the AMHS is structured and managed to provide system services without increasing State contributions. NOW BE IT RESOLVED that the Southwest Alaska Municipal Conference Membership supports the Governor’s proposed FY19 AMHS operating budget to maintain present service to the communities served along Alaska’s coast pending completion of the AMHS Strategic Plan and the forward funding of the AMHS. nd PASSED AND ADOPTED by the Southwest Alaska Municipal Conference Membership this 2 day of March 2018. 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