Loading...
2018-06-21 Regular Meeting Revenue And Finance Excise Tax On Cigarettes And Other Tobacco Products Health & SafetySolid Waste Collection and Disposal Billing and CollectionsLiens Office of the Mayor Kodiak Island Borough, Alaska DECLARING MAY 19 THROUGH MAY 25, 2018 NATIONAL SAFE BOATING WEEK WHEREAS, recreational boating is fun and enjoyable, and we are fortunate that Kodiak Island has extraordinary resources to accommodate a variety of commercial and recreational boating demands; and WHEREAS, weather and sea conditions in Alaskan waters present dangers year-round causing boating activity to be risky for the unprepared, and not knowing or obeying the Navigation Rules, drinking alcohol or taking drugs while operating a boat, or choosing not to wear a life jacket are clearly unwise decisions; and WHEREAS, while the rate of recreational boating deaths has been decreasing, more than 700 people still die each year in boating-related accidents in the U.S., and 80 percent of these fatalities are due to drowning; and WHEREAS, 83 percent of those involved in these drowning fatalities were not wearing a life jacket - approved personal flotation device; and WHEREAS, boating knowledge and skills may be learned locally in classes offered by the United States Coast Guard Auxiliary, and are important in reducing human error and improving judgment; and WHEREAS, the United States Coast Guard Auxiliary also offers a free Vessel Safety Check for any recreational boat. NOW, THEREFORE, I, Daniel Rohrer, Mayor of the Kodiak Island Borough, do hereby support the goals of the Safe Boating Campaign and proclaim May 19-25, 2018, as: Safe Boating Week in the Kodiak Island Borough and the start of a year-round effort to promote safe boating. I urge all In witness whereof, I have hereunto set my Hand and cause this seal to be affixed. _____________________________ Daniel A. Rohrer, Borough Mayor Attest: ________________________ Office of the Mayor Kodiak Island Borough, Alaska DECLARING FILIPINO AMERICAN HERITAGE MONTH IN KODIAK WHEREAS, the Kodiak Island Borough is made up of a wonderful mosaic of culturally diverse people; and WHEREAS, Filipino Americans make vital contributions to the economic, social, political, and cultural quality of life in the community; and WHEREAS, June 12, 2018 marks the 120th anniversary of the declaration of Philippine independence; and WHEREAS, this momentous occasion provides an opportunity for all Filipino Americans to share their cultural heritage with people of all races, ethnicities, and nationalities; and WHEREAS, this momentous occasion is essential so that Filipino Americans can continue to reflect the shared values and manifest our joys in harvesting the fruits of such values; and NOW, THEREFORE, I, Daniel Rohrer, Mayor of the Kodiak Island Borough do hereby proclaim the month of June 2018 as: Filipino American Heritage Month in Kodiak and urge all citizens to participate in the festivities celebrating the rich heritage and traditions of the Philippine Islands. In witness whereof, I have hereunto set my Hand and cause this seal to be affixed. _______________________________ Daniel A. Rohrer, Borough Mayor Attest:___________________________ Date: ___________________________ BOROUGH MANAGER’S SALARY AND BENEFITS BOROUGH CLERK’S SALARY AND BENEFITS CHANGE TO EXISTING CLERK’S CONTRACT 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 Disposal of records (B) 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 47 48 49 50 51 52 53 MFWFTRVF!MBX!HSPVQ-!MMD! ! 4491!D!Tusffu-!Tvjuf!313! Kptfqi!O/!Mfwftrvf! Bodipsbhf-!Bmbtlb!::614! Tibof!F/!Mfwftrvf-!Pg!Dpvotfm! ! Qipof;!!):18*!372.9:46! Gby;!!!!!!)317*!41:.1778! Fnbjm;!!!!tibofAmfwftrvfmbxhspvq/dpn! 1 CORRECTED VERSION 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 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 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 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.us µ !(!( !(!( !(!( !(!( !(!( µ µ “Bed and breakfast (B&B)” means overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. The operator of the B&B must reside on the premises and the maximum number of rooms that can be rented out is five. In addition to the off-street parking requirements of KIBC 17.175.040for a single-family dwelling, a B&B with up to two guest rooms must provide one additional parking space; a B&B with three to four guest rooms must provide two additional parking spaces; and a B&B with fiveguest rooms must provide three additional parking spaces. “Lodge” means a building or group of buildings containing both rooms and dwelling units available for temporary rental to transient individuals or families. The types of activities supported by a lodge may include, but are not limited to, fishing, hunting, wildlife photography and viewing, and passive recreational activities. 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, design standards, and other means. Policy: Zone lands to meet future housing, commercial, industrial, and other land needs. o Implementation Action:Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for the projected uses, and conditions or constraints that may affect development. Consider the use of public or private Native-owned lands to help meet these needs. o Implementation Action:Evaluate the need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated in the Borough to meet future economic needs… Economic Goal:Diversify the overall economy of the Kodiak Region. Policy: Encourage and facilitate small business development on Kodiak Island. Larsen Bay Land Use Goal:Enhance flexibility of land use regulations. Policy:Address concerns about the social impacts of some lodges located within neighborhoods. o Implementation Action:Allow small scale commercial and more bed-and- breakfasts and lodges under certain circumstances, such as in mixed-use zones. Larsen Bay Economic Goal:Retain residents. Policy:Improve economic opportunities in Larsen Bay. o Implementation Action:Develop additional industries and businesses that are attractive to Larsen Bay. 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 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT Wednesday, June 21, 2017. CASE:17-030 Written comments must be received by 5 pm, Tuesday, June 6, 2017 to be considered by the commission. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486- 3231. The toll free telephone number is 1-855-492-9202. Your Name:Mailing Address: Your property description: Comments: Case 17-030 Request a Rezone of Lot 4, Block 19, Tract A, Location Larsen Bay Subdivision from R1-Single-Family NHN First Street, Residential District to B-Business District Larsen Bay (KIBC 17.205). Applicant Foxtail Lodge, LLC !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( ! ( !( !( !( !( !( !( µ CASE: 17-030 APPLICANT: Foxtail Lodge LLC AGENT: Jerre D Munson REQUEST: A Rezone of Lot 4, Block 19, Tact A, Larsen Bay Your Name: David Harmes Mailing Address: POBox 83 Larsen Bay AK 99624 Your Property Description: Lot 7, Block 4, Tact A, Larsen Bay Comments: This zoning change request, meets the current Larsen Bay Comprehensive Zoning Plan May 24, 2017 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Re: Case #17-025 Case #17-026 Case #17-030 /ğƭĻ ϔЊАΏЉЋЎ The Borough Community Development Department proposes ğƒĻƓķźƓŭ ƷŷĻ ĭǒƩƩĻƓƷ \[ğƩƭĻƓ .ğǤ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ (Case 17-025) IN ORDER TO FACILITATE a rezone request (Case 17-026). The Borough shows no consideration for our Community when taking such an aggressive position in support of Case #17-026, a request to rezone 4 R-1 lots to Business. I strongly oppose any amendment to the Comprehensive Plan at this time. In discussion with the Planning and Zoning on CASE 17-025 at the Public Hearing on April 19, 2017, Commissioners used the terms VARIANCE and AMENDMENT to the Comprehensive Plan interchangeably. Chapter 17.205 defines AMENDMENTS as a process giving the Borough wide authority to change regulations to address public necessity, convenience, general welfare or good zoning practice. Chapter 17.195 of Borough Code Describes the process to be followed by the Planning and Zoning Commission when considering an application for a VARIANCE. ĭźƩĭǒƒƭƷğƓĭĻƭ. The use of VARIANCE as opposed to AMENDMENT as I interpret it lightens the high handedness of the Borough over the local community. We are a small secluded community. I believe that all Larsen Bay property owners and residents should have the opportunity to comment on an ğƒĻƓķƒĻƓƷ Ʒƚ ƚǒƩ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ͵ The current Comprehensive Plan was written in 1984 and then reviewed in 2008. I recall a significant effort and input by the Council and the Community during the 2008 process. The current Comprehensive Plan does not allow for such a large amount of land to be rezoned from R-1 to Business. I believe a moratorium on rezone requests from Residential to Business will give the Community of Larsen Bay the opportunity for all property owners to come together and discuss future land use plans. /ğƭĻ ϔЊАΏЉЋЏ Based on the information I have I am also opposed to the rezone request (case #17- 026). The owner knew when purchasing the lots in question that they were zoned Single Family Residential properties. Why the requested change? Is this request part of the owners original Plan for the property? Does he feel he can come in to a Community and do as he pleases without regard for the standing law? As far as I am aware the property owner never discussed this rezone request with anyone in the Community. In addition to the 4 lots being proposed for a rezone an additional 3 adjacent lots are owned by the same family in the form of business entities. These 7 lots encompass access to Moses which is a well used community beach. What is the big picture here? I would like to hear what the property owner has in mind. Once the first 4 lots are rezoned, will a request be made for the additional 3 lots to be rezoned? If the lots are rezoned the property owner would be able to develop the property however he chose. On a recent bike ride I saw a substantial amount of building materials on the lots proposed for the rezone. Does the owner feel that his rezone request is a done deal? Is he expanding his business despite the current single family zoning? Chapter 17.195 of Borough Code outlines the conditions under which a VARIANCE is approved/denied. Following is a rebuttal to each of the six points to be considered before a VARIANCE can be permitted in Case 17-26. A. Approval report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; Current zoning category and zoning at time of purchase is/was Single Family, Residential and all surrounding properties are single family, residential. Zoning at time of purchase would preclude the owners intent to develop the property. 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; The lots in discussion have always been single family residential and were single family residential at the time of their purchase (2007 and 2009). How could a property owner claim unnecessary hardship when he knew the lots zoning category at time of purchase? Was it property owners intent to buy up residential property with the intent of pushing for a business/commercial rezone at a later date? 3. That the granting of the variance will not result in material damage or prejudice to other Adjacent property owners object to noise and traffic associated with large groups of people with a vacationing/anything goes mind set. There is also a question of the City being able to provide adequate water and electrical utilities. The land is low lying and swampy which raises the question of supporting a septic system for sewage for a commercial property. The EPA would need to be consulted as to if the property could support an appropriate septic system and to protect the public health. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; The rezone of 4 lots from residential to commercial is contrary to the objectives of the Larsen Bay Comprehensive Plan as written in 1984 and reviewed in 2008. 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and There is a substantial amount of building material on the lots proposed for the rezone which are indicative of the owners intent to develop the property prior to an approved rezone. Is the owners moving forward prior to approval an attempt to get relief from his investment? 6. That granting the variance will not permit a prohibited land use in the district involved. Following is a description in KIB Zoning Code which clearly shows the rezoning to business or commercial is a prohibited land use for these four Single Family Resident lots. 17.75.010 Description and intent. 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. \[Ord. 83-17-O §2, 1983. Formerly §17.18.010\]. Respectfully, Jane Petrich Lot 5, Blk19 PO Box 52 Larsen Bay, AK 99624 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 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION STAFF: CDD DIRECTOR, SARA MASON 486-9360 smason@kodiakak.us ASSOCIATE PLANNER, JACK MAKER 486-9362 jmaker@kodiakak.us ASSOCIATE PLANNER, DANIEL MCKENNA-FOSTER 486-9361 dmckenna-foster@kodiakak.us CODE ENFORCEMENT OFFICER, TOM QUASS 486-9364 tquass@kodiakak.us CDD SECRETARY, SHEILA SMITH 486-9363 ssmith@kodiakak.us COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD ROOM 205 KODIAK, AK 99615 ��.T``� I would like to take a few minutes and speak to the issue of the petition I have sponsored to limit the Borough's ability to increase taxes. There seems to be some misunderstanding and IMO unnecessary controversy about this petition and I would like to address it if I may. While it is being called a tax cap initiative it is more correctly called a revenue limit. And while it seems new to Kodiak it really is not. Some sort of revenue limits or tax caps are quite common in communities in Alaska, and in fact if you check the Kodiak Island Borough Code of ordinances and look at 3.25.025 you will find a very similar initiative that was voted in by Kodiak voters in 1997. It is ordinance number 97-10 and caps the mil rate at 9.25. And yet we find ourselves at a much higher rate than that today. The initiative that I am introducing simply requires the Borough to go before the voters for any increase in funding. Yes, it limits the Borough's income to the previous year's revenue. But, again for increased needs in funding, the Borough can go to the voters and let them decide. IMO this is where the decision belongs, to those who actually pay the taxes. When I first began this process I will have to admit that I had no idea just how much people in our community had been affected by the increase in their taxes. As a point of clarification here, when you speak to borough officials about taxes they tend to think in terms of mill rates, when you speak to the taxpayer they think in terms of the bill they get from the borough. So, while the mil rate may not go up the tax bill still goes up in response to ever increasing property assessments. As a tax payer and as the sponsor to this initiative, I am addressing the issue from the tax payers perspective, in other words from the tax bill we receive. Since putting together an initiative such as this is not something I have any experience with I sought some advice from a friend who is an attorney, and he was kind enough to offer to draft this initiative for me, and to do it for free. Hard to pass up such an offer, the attorney is Craig Richards, you might know him since he was the City of Valdez Attorney for 11 yrs during the Exon years, and is the former Attorney General for the State. I was confident that he could do a much better job than I. And since there is no reason to re -invent the wheel, I asked him to model it after the Fairbanks Ordinance, which by the way you can read in the Fairbanks code of ordinances, it is their code 8.04.29. And as such this petition is almost a word for word copy of the Fairbanks Ordinance, which again, has been in place for 20 years and has withstood all legal challenges. At this point in time, thanks to the help of some very hardworking co-sponsors, we have more than enough signatures to get this on the ballot in Oct. Originally my intention was to obtain 1000 signatures and from the response in our community it seems that would not be difficult to do, but the Borough clerk's office tells me that is not necessary. The Borough clerk's office by the way have been very helpful and professional in providing the information of how to proceed with this petition. My intention is simply to let the voters decide if this is to be adopted or not. Should it not be adopted I will abide by the decision of the voters in our community. Even if it is not adopted the borough leadership should at least be aware that there is a growing unhappiness with the taxation in our community. When I began this process I first spent some time speaking to people at the borough about it, including a couple of borough officials. I felt I was not getting any helpful advice from them so I began looking at other communities in Alaska to see what theyr-had dy F". Anchorage and the Fairbanks North Star Borough had proposals or established ordinae deal with this issue. Since the ordinance that Fairbanks had in place wad voted in 20 years ago JUN 2 1 2018 and continues to be in place today, I decided to look at it. Wanting to know how well it worked and what people in Fairbanks thought about it I called and spoke with a number of people in Fairbanks, including business owners, newspaper people, and Borough officials, and property owners. The bottom line was that it works so well, voters in Fairbanks vote this back in every 2 years since 1998. Yes, I am sure that not everyone in Fairbanks is completely happy with it, but it is obvious that the majority are. Thank you for your time. Kodiak Island Borough Assembly Regular Meeting Guidelines June 21, 2018, 6:30 p.m., Borough Assembly Chambers PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE — Mayor Rohrer. 3. ROLL CALL KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse any Assembly members who are absent due to personal leave. VOICE VOTE ON MOTION. 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. Recommended motion: Move to approve the agenda and the consent agenda. Special Meeting Minutes Of May 31, 2018. Resolution No. FY2019-03 Adopting To Participate In the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES * Special Meeting Minutes Of May 31, 2018. 6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 4. address all remarks to the Assembly as a body and not to any member thereof Kodiak Island Borough Assembly Guidelines June 21, 2018 Page 1 7. AWARDS AND PRESENTATIONS A. Bayside Fire Department Update — Chied Howard Rue. 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2018-32 A 55 -Year Lease To Fire Service Area 1. Recommended Motion: Move to authorize the Manager to execute Contract FY2018-32 a 55 -Year Lease to Fire Service Area 1. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Contract No. FY2018-35 Reporting & Analysis And Integration Software Services With OpenGov. Recommended Motion: Move to authorize the Manager to execute a five- year contract renewal of Contract No. FY2018-35 fore Reporting & Analysis and Integration Software Services with OpenGov, Inc. in the amount of $47,350 ($9,470 annually). Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines June 21, 2018 Page 2 3. Contract No. FY2018-36 Tyler Technologies ExecuTime Software Agreement. Recommended Motion: Move to authorize the manager to execute Contract No. FY2018-36 for ExecuTime Software Agreement with Tyler Technologies in the amount of $27,017. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. 4. Contract No. FY2016-44A Amending Contract No. FY2016-44 Employment Agreement Between The Kodiak Island Borough And The Borough Manager. Recommended Motion: Move to approve Contract No. FY2016-44A Amending the Employment Contract Between the Kodiak Island Borough Assembly and Mr. Michael Powers as Borough Manager. Staff Report — Deputy Presiding Officer. Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions 1. Resolution No. FY2019-02 Reestablishing The Fees For The Kodiak Island Borough. Recommended Motion: Move to adopt Resolution No. FY2019-02. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. 2. 'Resolution No. FY2019-03 Adopting To Participate In the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. Kodiak Island Borough Assembly Guidelines June 21, 2018 Page 3 3. Resolution FY2017-36A Amending Resolution No. FY2017-36 Revising The Terms of Resolution No. FY2017-36 Disposal Of The 11.419 Acre Parcel Tract A, Port Lions School Reserve In Exchange For The 6.33 Acre Parcel With A Legal Description Of Port Lions Subdivision First Addition School Reserve (P&Z Case No. 17-020). Recommended Motion: Move to adopt Resolution No. FY2017-36A. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2018-01B Amending Ordinance No. FY2018-01, Fiscal Year 2018 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. Recommended Motion: Move to advance Ordinance No. FY2018-01B to public hearing at the next regular meeting of the Assembly. Staff Report —Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Ordinance FY2019-04 Amending Kodiak Island Borough Code Title 3 Revenue and Finance, Chapter 3.45 Severance Tax Section 3.45.030 Exemptions To Allow Waiver Of Severance Taxes For Non -Profits By Majority Vote Of The Kodiak Island Borough Assembly. Recommended Motion: Move to advance Ordinance No. FY2019-04 to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines June 21, 2018 Page 4 14. 3. Ordinance No. FY2019 And Fees Of Those Mo Uncollectible Due to -AN Home Off The Of The , Pe Recommended Motion: Move to advance Ordinance No. FY2019-05 to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. D. Other Items — None. 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 next Assembly work session is scheduled on Thursday, June 28, 2018 at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, July 05, 2018 at 6:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Guidelines June 21, 2018 Page 5 U111111111111111l I kyj 4&*&M LO A. Discussion Regarding The Following Cases With The Borough Attorney: 1. Litigation Tactics And Strategies Between the Kodiak Island Borough Vs. Al Timber. 2. Litigation Tactics And Strategies Regarding Kodiak High School Claims. Watterson Construction Vs. Kodiak Island Borough 3. Litigation Strategies Regarding The Markham Cases Recommended motion: Move to convene into executive session to discuss the following cases with the Borough Attorney: 1. Litigation Tactics And Strategies Between the Kodiak Island Borough Vs. Al Timber. 2. Litigation Tactics And Strategies Regarding Kodiak High School Claims: Watterson Construction Vs. Kodiak Island Borough 3. Litigation Strategies Regarding The Markham Cases The discussion of these cases in executive session involves pending litigation to which the borough is a party and confidential attorney-client communications made for the purpose of facilitating the rendition of professional legal services to the Borough ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the Mayor, Assembly, Borough Attorney, Borough Manager, and Borough Clerk's Staff into executive session. VOICE VOTE ON MOTION. After the vote, Mayor Rohrer recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Rohrer reconvenes the regular meeting and announces: • The Assembly discussed the following cases with the Borough Attorney and • No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. ROLL CALL VOTE ON ANY MOTION. Kodiak Island Borough Assembly Guidelines June 21, 2018 Page 6 B. Attorney -Client Privileged Communications Regarding Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, Larsen Bay Subdivision. Recommended motion: move to convene into executive session for Attorney - Client Privileged Communications/discussion of the legal advice requested on Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, Larsen Bay Subdivision. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the Mayor, Assembly, Borough Attorney, Borough Manager, and Borough Clerk's Staff into executive session. VOICE VOTE ON MOTION. After the vote, Mayor Rohrer recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Rohrer reconvenes the regular meeting and announces: • The Assembly discussed the Attorney -Client Privileged Communications Regarding Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, Larsen Bay Subdivision and No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. ROLL CALL VOTE ON ANY MOTION. 17. 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 June 21, 2018 Page 7 0 m U CL �111.I 6 Ti Q) 0 N N a� U 0 -d Q m c (L) 0 N N C N O N Q1 C � Q N 7 a� n a>i 7 a N U Q U N N � co O � C c c 0) y X V d O o.w 0 D O O LH E .E a-ao Q) N Q) ' crJ E L o `o c m o cr m� o. air r m �yE 00 N ov E 6 E w O y O M y T N w 'o O C' v � E O O N v m 0 m-0 o y'y T O `o o 'Co 2of2 LU t^ O O O a) NN C ca ` N co o E 0 o O U \� U U ) U)U)>[y O 0C W w N O > m w d Cif'/C'�JC F m S N 3 -O o a>i C E N D W O 47 o U > y c (n U) E cn E cn c J¢ c m O m fA z O ~ Q) COD m rJ Z Q W T w > M Q, �, E v C� O C p. w m a) L O1 N N L/ 1 cv/Jl Z 3 O C c N E 0. J O O �- W L� U Y Vi to N to to > � W p E a) `oT m m y H E O Z W C9 z' 15 N T c Q' O d -�75N W Y U O3 t N y M -o c E N a) 0 W y. 0 �n `ice) z o>= m Y o co c= w o E c W z Y V LU U cn (n > Oz H 0 o. o �. m m N Q ~ N z J O O J N r T cn O N3@o JE N N C N O N Q1 C � Q N 7 a� n a>i 7 a N U Q U N N � co O � C c c 0) y X V d O o.w 0 D O O LH E .E a-ao Q) N Q) ' crJ E L o `o c m o cr m� o. air r m �yE 00 N ov E 6 E w O y O M y T N w 'o O C' v � E O O N v m 0 m-0 o y'y T O `o o 'Co 2of2 w ri v ch N N N U 714 @ U CD CL m 7 O) N T4�, v 1'2 N J @ N E D @ z -- 3 m o a��i o O G(� ` Y cn O>. ¢ .. o } W m V) N N �: d Z 2 d W '^ N W �J z . N L = C @ C T N O a� @ U' F m ` t V\ Z O 3> s c a� W o �° U "m U Y i4 U) U) > W~ ¢@ �> o U) 2 } Q v N m Q _T D O W IDm N r cm 7 @ 'O �, N C N @ 3 CO O C @ U�> E cl 0 0 -0 0 U } W U Y N U) L: U N o W O E@ o m U) H E O z W c7 m a _ U c 0 o O , Wco N m N N i GO, 3 m ca O 0) C c N o E m Y J o Y O ��l/) U U Y to U cn U)> O H a m cn Z O H m @ ¢ O Z U J O O o C N o N 7C c ow c o U7 Q N E FL - V ' 7 U Y in co to to > m U) L: M 2 0 .1 7 7 N N 5 � Q o N C � m � N N j `a O n � 7 d N m m � co Q) N O C v @ c c N X � m y a� O o ° o N E 9 N - o rya v` E �w 2 O O C OO Q a- a a'au t I,- o N N �yM U T N omm E 6 E O> y o f\ N T N w '= O O C '@ -oC E o n 75 (D m o y o 'O 0 o `p O (OD N 2m� W W J J Q U J J O z J Cn Y g Y C 3 ri -o N c c O i 7 S n y Ei c �o N 0 C � O' No j n > c a W N 6 N N Co J L o m o -o c c c c � N X a ao,� o 0 o rE 9i a-0 N R vE m ` o O C: o N O m N a d C L N � y � ZyM U N O - E E >> y O Co N ago 0 E E O v X15 N N 2 o co o � 'm Z ❑ �_ d N N Cu L Ql c o m N E O o ZU O U 3 in Y c� > F J Q o w O m tWi� 2 2 2> O p H >> w m 2 Y 0 Z ED 1 d 2 \ I y w Q 2 0 N Ch T O O w L Z `� O U 30 O > Y L (n c (n E (A > W -jCa -0 C d' m vi i g g 2 2 2 z 0 \ °z > a O n `m T )Y } 0 O E z P 3 CM � m Cu N a o m N c E 4% � Co C w W O m N O 2o 7 Y (n R a O U ! m N U fn (n > F F O� E ECa T O z W O Z N Oh o L 3 W \ 3 c m N c c T r O O L J �\ J J N L U U Y 0 0 w to > p, a m y ¢ 0 2 O Z ❑ J m O L —16— Ca (� C E E L � �a 0m ❑ 3 m o m E U O s in > ~ m w 2 2 i 7 S n y Ei c �o N 0 C � O' No j n > c a W N 6 N N Co J L o m o -o c c c c � N X a ao,� o 0 o rE 9i a-0 N R vE m ` o O C: o N O m N a d C L N � y � ZyM U N O - E E >> y O Co N ago 0 E E O v X15 N N 2 o co o � 'm 0 U) W ❑ W J J a U J J J m W N cnQ :7 O w O m a Z J �I (0 m 0 L _o -A rm T N c 0 0 w m C :3 N � N N j n> n o c a w N m � m �a� O- N -O � � O -C) N N X N N dw o ° o E N — o y n. m Q` E � 0 2 O O (D o O N .- 0) N d aot n o m o ZyE U T U) o •o E Q) E o y o co O T N L rC O p C v E � O N 'a) Q) 6 C o O O o ami CO o I �GpZ ul I E N N co L ` C N O ` L z Z c0o C N E ❑ O Of .�/\ \ U O Y U U)U) Y E to T cn m > W F J F 4) o >1 J c Z F °' W W z L U E m m° c a) c E❑ o co O W o ° Y (n fn J Q m O U m N ZO. H c T o z {1 V Q ca T u1 o J E C a) P W N � co o o E❑ O N o 0 Y in �� cn > �_ F M o W m ui N .: W O H m E m F= x J Z W Z N _ c 0 W > H L -� (i O � C N CU N C >1 c O N m l9 Y J upi N L Z `� p : UJ -i c �'� m U Y E E, z m of y 2 M 2 o° a W m Q 0 Z ❑ J N O d / � O > o N Lu IX � v E p o m E o V y l J U Y U) U) U) U) >LLI FL m U) T N c 0 0 w m C :3 N � N N j n> n o c a w N m � m �a� O- N -O � � O -C) N N X N N dw o ° o E N — o y n. m Q` E � 0 2 O O (D o O N .- 0) N d aot n o m o ZyE U T U) o •o E Q) E o y o co O T N L rC O p C v E � O N 'a) Q) 6 C o O O o ami CO C -- -o N E N o W W 2 U) J J Q U J J 0 J C[d � C W cn Q C _ > U ❑ w O In O Q � J N N N N Q w Y 0 7 7 m m 5 � Qo � N C � N O' N Co n > a 7 a y d 0 oK d � C a m G C N X O m C") 0 0 0 ui .E c -a° m N N Q� E E� =1 0 `O C 7 O 0,7 � N a aiLE r a N � N Ov E E O> N O cJ N T N C L O O C 'i 'O,E `7 O N '5• @ d NCD O N N v C C •"0 � O O O U N 2 w m 0 z N 11TT1 >. .O E p m N N m N t o ` C E N L o U 3 U Y M> c H H m O 0 d 0 cc Z 2 F• m t w c � WN T i 7 L z Q t cc cc rn N (L)CD 11 _0 3 O V 0 c O co F W v 0 O U O U Co Y (A Y m E fn m Y J F G T, m N 2 2 2 M 2 2 O OF w d `C ca 2 0 z Q a)Z f0 ❑ T .n E Y O � N m t V J U o N E m W o •.LN - o O 3 w u) > N V } W .: Y N V) U U Of< W O n d O m m (A N H E WN T G z 0 w Y = U N t ''�+///^'���,)j' �' F- O Y N 0 L CD a) 0) o N m p 3 m Y o c o ai E❑ o V U in U) to > O< Z O a° m m tWn 2 QOH ❑ J N O ` � O O W T O O z 3 = -OO o � C E N o N U U Y U) U) t12 o U) > FL - m .12 E 2 `L 2 OF 0 7 7 m m 5 � Qo � N C � N O' N Co n > a 7 a y d 0 oK d � C a m G C N X O m C") 0 0 0 ui .E c -a° m N N Q� E E� =1 0 `O C 7 O 0,7 � N a aiLE r a N � N Ov E E O> N O cJ N T N C L O O C 'i 'O,E `7 O N '5• @ d NCD O N N v C C •"0 � O O O U N 2 w m KODIAK ISLAND BOROUGH Meeting Type: Date: UOz I I -701V Please F'KIN I your name Please I -KIN I your name T View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2018, No. 29 June 22, 2018 At Its Regular Meeting Of June 21, 2018, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, July 5, 2018, At 6:30 p.m. In The Borough Assembly Chambers. RECEIVED A Bayside Fire Department Update From Chief Howard Rue. POSTPONED Contract No. FY2018-32 A 55-Year Lease to Fire Service Area 1 To The July 19, 2018 Regular Meeting Of The Assembly. AUTHORIZED The Manager To Execute A Five Year Contract Renewal Of Contract No. FY2018-35 The Manager To Execute A Five Year Contract Renewal For Reporting & Analysis And Integration Software Services In The Amount Of $47,3560 ($9,470 Annually). AUTHORIZED The Manager To Execute Contract No. FY2018-36 For Executime Software Agreement With Tyler Technologies In The Amount Of $27,017. POSTPONED Contract No. FY2016-44A Amending Contract No. FY2016-44 Employment Agreement Between The Kodiak Island Borough And The Borough Manager To The August 2, 2018 Regular Meeting Of The Assembly and DIRECTED The Mayor And The Deputy Presiding Officer To Negotiate With The Borough Manager Regarding The Salary Provisions On His Contract. AMENDED, ADOPTED Resolution No. FY2019-02 Reestablishing The Fees For The Kodiak Island Borough. ADOPTED Resolution No. FY2019-03 Adopting To Participate In the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. ADOPTED Resolution FY2017-36A Amending Resolution No. FY2017-36 Revising The Terms Of Resolution No. FY2017-36 Disposal Of The 11.419 Acre Parcel Tract A, Port Lions School Reserve In Exchange For The 6.33 Acre Parcel With A Legal Description Of Port Lions Subdivision First Addition School Reserve (P&Z Case No. 17-020). ADVANCED Ordinance No. FY2018-01B Amending Ordinance No. FY2018-01, Fiscal Year 2018 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects To The Next Regular Meeting Of The Assembly. ADVANCED Ordinance FY2019-04 Amending Kodiak Island Borough Code Title 3 Revenue and Finance, Chapter 3.45 Severance Tax Section 3.45.030 Exemptions To Allow Waiver Of Severance Taxes For Non-Profits By Majority Vote Of The Kodiak Island Borough Assembly To The Next Regular Meeting Of The Assembly. View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough ADVANCED Ordinance No. FY2019-05 Writing Off The Property Taxes, Penalties, Interest And Fees Of Those Mobile Home Property Tax Accounts Where The Account Is Uncollectible Due To Abandonment Or Demolition Of The Mobile Home To The Next Regular Meeting Of The Assembly. CONVENED Into Executive Session To Discuss The Following Cases With The Borough Attorney: 1. Litigation Tactics and Strategies Between the Kodiak Island Borough Vs. A1 Timber. 2. Litigation Tactics and Strategies Regarding Kodiak High School Claims: Watterson Construction Vs. Kodiak Island Borough 3. Litigation Strategies Regarding the Markham Cases INVITED The Mayor, Assembly, Borough Attorney, Borough Manager, Borough Assessor, And Borough Clerk’s Staff Into Executive Session; ANNOUNCED That No Action Was Taken As The Result Of The Executive Session. Borough Attorney Levesque Reported On The Status Of The Three Cases Outside Of Executive Session. CONVENED Into Executive Session To Discuss Attorney-Client Privileged Communications Regarding Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, Larsen Bay Subdivision; INVITED The Mayor, Assembly, Borough Attorney, Borough Manager, And Borough Clerk’s Staff Into Executive Session; ANNOUNCED That No Action Was Taken As The Result Of The Executive Session.