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2019-12-05 Regular Meeting Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, December 5, 2019, 6:30 p.m., Assembly Chambers Page 1. INVOCATION 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 5 - 15 A. *Regular Meeting Minutes Of November 7, 2019 2019-11-7 RM 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 17 - 55 A. State Of Alaska Alcohol And Marijuana Control Office, Liquor License Transfer of Location Application (El Chicano Inc.) License Number 3299. AMCO Liquor License Transfer of Location Application - El Page 1 of 155 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Chicano Inc., Licence No. 3299 - Pdf 10. BOROUGH MANAGER'S REPORT 57 A. Borough Manager's Report for December 5, 2019. 2019-12-05 Managers Report 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 59 A. Reorganization of the Kodiak Island Borough Assembly 1. Election of the Deputy Presiding Officer Deputy Presiding Officer - Pdf 13. NEW BUSINESS 13.A. Contracts 61 - 65 1. Contract No. FY2020-09 Baler Building Fuel Tank Procurement Output Document (AS - 1087) - Pdf 67 - 69 2. Contract No. FY2020-08 Agreement for Lobbying Services with Hickey & Associates Output Document (AS - 1088) - Pdf 71 - 78 3. Change Order No. 4 Amending Contract FY2018-28 Architectural and Engineering Services Term Contract for the Providence Kodiak Island Medical Center Structural Analysis and Project List Development. Output Document (AS - 1089) - Pdf 79 - 90 4. Contract No. FY2020-13 Sole Source Agreement for Replacement of Sprinkler Piping at KFRC Tower Output Document (AS - 1094) - Pdf 13.B. Resolutions 91 - 94 1. Resolution No. FY2020-02A; Fee Schedule Amendment - Animal Impoundment Fees Resolution No. FY2020-02A and Fee Schedule Amendment - Pdf 95 - 116 2. Resolution FY2020-16 Adopting An Alternative Allocation Page 2 of 155 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Method For The FY20 Shared Fisheries Business Tax Program And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In FMA 13: Kodiak Area Output Document (AS - 1091) - Pdf 13.C. Ordinances for Introduction 117 - 120 1. Ordinance No. FY2020-11 Write-off of Noncollectable Personal Property and Vessel Delinquent Tax Accounts Output Document (AS - 1069) - Pdf 121 - 123 2. Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.10.120 Facilities Fund Output Document (AS - 1080) - Pdf 125 - 129 3. Ordinance FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.10.030 Permissible Investments And Chapter 3.10.120 Facilities Fund Output Document (AS - 1092) - Pdf 13.D. Other Items 131 - 135 1. Releasing The Memo Regarding The Process For Loans Or Grants From The Facilities Fund From The Borough Attorney 2019-10-31 Memo re Process for Loans or Grants from the Facilities Fund 137 - 138 2. 2020 Kodiak Island Borough Annual Calendar Output Document (AS - 1079) - Pdf 139 - 144 3. Declaring A Seat On The Parks And Recreation Committee Vacant (Mr. Shane Thompson). Output Document (AS - 1084) - Pdf 145 - 148 4. Declaring A Seat On The Womens Bay Service Area Board Vacant (Mr. George Lee). Output Document (AS - 1086) - Pdf 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS Page 3 of 155 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough 16. EXECUTIVE SESSION A. Matters Involving Negotiations With the IBEW. 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) 18.A. Minutes of Other Meetings 18.B. Reports 149 - 155 1. October Projects Report October 2019 Project Reports Page 4 of 155 Kodiak Island Borough November 7, 2019 Assembly Regular Meeting Minutes Page 1 of 11 KODIAK ISLAND BOROUGH Assembly Regular Meeting November 7, 2019 A regular meeting of the Kodiak Island Borough Assembly was held on November 7, 2019 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 Roberts led the Pledge of Allegiance. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Andy Schroeder, Rebecca Skinner, Duane Dvorak, and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Tara Welinsky and Assistant Clerk Lina Cruz. Arndt moved to excuse Assembly member Symmons and Assembly member Kavanaugh who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA Arndt moved to approve the agenda and the consent agenda Arnd moved to amend the agenda and consent agenda by adding Resolution No. FY2020-08 to public hearing. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY. VOICE VOTE ON MAIN MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Of October 17, 2019. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) The following spoke under citizen’s comments: Scott Smiley Dave Davis Don Roberts Matt Gandel AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS AGENDA ITEM #5.A. *Regular Meeting Minutes Of November 7, 2019 Page 5 of 155 Kodiak Island Borough November 7, 2019 Assembly Regular Meeting Minutes Page 2 of 11 Turner reported on the Consolidation Committee meeting discussion regarding districting and renaming the collective of the City and Borough. He also reported on Providence and their new strides with mammogram machines and technology. Skinner reported on the Prince William Sound RCAC and stated DEC is seeking public comments until January 15, 2020. th PUBLIC HEARING 1. Resolution FY2020-08 Hazard Mitigation Plan This ordinance was previously scheduled for public hearing on December 19, 2019. Arndt moved to amend the postponement of Resolution FY2020-08 from the December 19th meeting to today’s meeting. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO ONE: Arndt, Dvorak, Skinner, and Turner (AYES); Schroeder (NO). CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) The following spoke under citizen’s comments: David Conrad Mayor closed the public hearing. ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Dvorak, Schroeder, Skinner, Turner, and Arndt. BOROUGH MANAGER’S REPORT Met with KISA to work on the new lease for the Salonie Creek Range. Met with the owner of Kodiak Motor Sports regarding on-road use of “off-road” vehicles and the legal issues involved. Notified state about short- and long-term solutions to Leachate Treatment Plant. Met with staff on various issues including personnel, budgets, bid handling processes and related items. MESSAGES FROM THE BOROUGH MAYOR Spoke about the letter that Mr. Smiley presented – State Initiative Puts Alaska’s Coastal Communities at Risk by Mike Munger, Executive Director, Cook Inlet Regional Citizens Advisory Council. UNFINISHED BUSINESS None. NEW BUSINESS Reorganization of the Kodiak Island Borough Assembly 1. Election of the Deputy Presiding Officer. AGENDA ITEM #5.A. *Regular Meeting Minutes Of November 7, 2019 Page 6 of 155 Kodiak Island Borough November 7, 2019 Assembly Regular Meeting Minutes Page 3 of 11 Arndt moved to postpone the election of Deputy Presiding Officer to the next Assembly regular meeting of December 5, 2019. ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Turner, Arnd, and Dvorak. Contracts- None Resolutions 1. Resolution No. FY2020-13 Adopting the Capital Improvement Priorities List For The 2020 State Legislative Session. Arndt moved to adopt Resolution No. FY2020-13. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Turner, Arndt, Dvorak, and Schroeder 2. Resolution No. FY2020-14 Adopting the Federal Program And Capital Improvement Priority List for Federal Fiscal Year 2020. Arndt moved to adopt Resolution No. FY2020-14. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Dvorak, Schroeder, and Skinner. A. Ordinances For Introduction None B. Other Items 1. Assembly Approval Of An Assembly Candidate To The Alaska Municipal League Board of Directors District 10 Seat. Skinner moved to nominate Scott Arndt and Julie Kavanaugh for the Alaska Municipal Board of Directors, District 10 seat. Skinner moved to approve the candidacy of Assembly member Scott Arndt to the Alaska Municipal Board of Directors, District 10 seat. 2. Appointment Of The Voting Delegate For The Kodiak Island Borough At The Alaska Municipal League Business Meeting. Skinner Moved to appoint Assembly member Scott Arndt as the voting delegate for the Kodiak Island Borough at the Alaska Municipal League Business Meeting. The Kodiak Island Borough is a member of the Alaska Municipal League and sends delegates to attend the annual conference each year. An important part of the Annual Local Government Conference is to discuss and approve the AML Legislative Priorities, Position Statements and adopt Resolutions on key legislative issues. The process is completed at the Annual Business Meeting on Friday, November 22nd where the membership will review and adopt the 2019/2020 documents. AGENDA ITEM #5.A. *Regular Meeting Minutes Of November 7, 2019 Page 7 of 155 Kodiak Island Borough November 7, 2019 Assembly Regular Meeting Minutes Page 4 of 11 Although multiple attendees are sent to AML and all members could be in attendance during the annual business meeting, the Kodiak Island Borough is entitled to only one vote. In the past, the Mayor served as the voting delegate for the Borough. He is unable to attend the business meeting, discussion is important so that the person who will be voting on behalf of the Borough knows the official position of the majority of the Assembly. The following Assembly member will be in attendance during the business meeting: Scott Arndt. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Schroeder, Skinner, and Turner. 3. Mayoral Appointments Of Assembly Member Representatives To Different Boards, Committees, and Commissions. Arndt Moved to confirm the mayoral appointments of assembly member representatives to different Boards, Committees, and Commissions as reflected in the attached list. Board or Committee Assembly Rep 10/2019- 10/2020 (Mayor to fill out) Architectural Review Board, KIBC 2.125 DVORAK Borough Lands Committee, KIBC 2.160 Two appointees *Mayor serves on this committee as well SCHROEDER ARDNT Emergency Services Council, KIBC 2.110 Mayor is assigned to a seat ROBERTS Joint Building Code Review Committee, KIBC 15.45 SYMMONS Kodiak College Council TURNER Kodiak Fisheries Work Group (Adhoc) Two Appointees plus one alternate SKINNER KAVANAUGH Kodiak Fisheries Advisory Committee, Res FY07-38 SCHROEDER Parks and Recreation Committee, KIBC 2.120 SYMMONS Providence Health System Service Area Board, KIBC 8.05 SKINNER School District Budget Advisory Committee TURNER AGENDA ITEM #5.A. *Regular Meeting Minutes Of November 7, 2019 Page 8 of 155 Kodiak Island Borough November 7, 2019 Assembly Regular Meeting Minutes Page 5 of 11 School District Facilities Review Committee ARDNT School District Strategic Planning Committee KAVANAUGH Solid Waste Advisory Board, KIBC 2.145 DVORAK *SWAMC Board Seat – Kodiak Municipal Seat, President Until Spring of 2019 (New appointee will start after SWAMC March Annual Conference) SKINNER *AML Board – District 10 Seat – Exp. 2020 Two-year term ARNDT ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Schroeder, Skinner, Turner, and Arndt. 4. Assembly Review and Taking Official Action In Support To The Following Alaska Municipal League Resolutions: Resolution #2019-01 A resolution in support of the development of a Community Dividend. Resolution #2019-02 A resolution requesting that the Alaska State Legislature fund the Senior Citizen’s/Disabled Veteran’s property tax exemption as required in AS 29.45.030(g). Resolution #2019-03 A resolution in support of full funding from the State of Alaska for school bond debt reimbursement and State aid for construction in Regional Education Attendance Areas Resolution #2019-04 A resolution supporting legislation adopting real property sales disclosure in Alaska. Resolution #2019-05 A resolution supporting increased investment in the Alaska Renewable Energy Fund, and continued support for existing State energy and energy efficiency programs. Resolution #2019-06 A resolution supporting the State’s implementation of a broad-based tax. Resolution #2019-07 A resolution requesting that Title 29 be amended to remove the audit requirement for Community Assistance, and provide a one-time waiver of past audit requirements, thereby releasing all outstanding Community Revenue Sharing/Assistance funds. Resolution #2019-08 A resolution encouraging the Governor and Legislature to increase capacity within the Office of Management and Budget to evaluate costs to communities of State and Legislative budget and legislative actions, and to include a municipal impact fiscal note in all relevant legislation. Resolution #2019-09 A resolution requesting that the Governor and Alaska State Legislature provide a one-time payoff of PERS arrearages. Resolution #2019-10 A resolution in support of changing the transferability of limited entry salmon permits by allowing an additional name on the permit. Resolution #01-2020 In support of reinstatement of State funding for the Code Blue program and Local Emergency Planning Committees. AGENDA ITEM #5.A. *Regular Meeting Minutes Of November 7, 2019 Page 9 of 155 Kodiak Island Borough November 7, 2019 Assembly Regular Meeting Minutes Page 6 of 11 Resolution #02-2020 Encouraging the Legislature to meet as the Assembly of the Unorganized Borough, and to take up its governance as required by the Constitution. Resolution #03-2020 Opposing decisions by DOT&PF to increase their indirect rates; supporting increased funding for the Community Transportation Program; and encouraging policy to enable local-delivered projects and locally managed federal funds. Resolution #04-2020 Expressing support for rural law enforcement efforts such as the VPO and VPSO program, while recognizing the need for increased investment and the potential for reform to ensure both public safety and the sustainability of law enforcement efforts in rural Alaska. Resolution #05-2020 Opposing any increase to the required minimum local contribution or decreases to State funding levels; removing the maximum local contribution allowable; and considering Impact Aid as part of the local contribution. Resolution #06-2020 Expressing appreciation of DEC’s policy to test for and analyze a full suite of PFAS compounds; requesting that State and Federal action on PFAS continue, including to establish PFAS compounds as eligible for funding, and set allowable limits and standards for cleanup. Resolution #07-2020 Expressing support for reform to PERS that includes a complete pay-down of the unfunded liability; conditionally, requesting that the State also conduct termination studies, small or struggling employers be allowed to opt out of the system, and that the high interest rate on non-payment be eliminated. Resolution #08-2020 In support of economic, resource and infrastructure development that benefits local governments, the State of Alaska, and Alaska residents. Resolution #09-2020 Supporting all and diverse efforts that contribute to a complete count during the U.S. Census. Resolution #10-2020 Supporting full payment of currently obligated school bond debt reimbursement; opposing an extension to the school bond debt reimbursement moratorium; and supporting a careful and deliberate reform of State support of school construction and maintenance. Resolution #11-2020 Encouraging the State of Alaska to develop a plan to transfer authority to accept federal funds from the State directly to local governments or their designee. Resolution #12-2020 Supporting the effort to maximize local self-government, respect local control, and encourage the State to provide funding for the adoption of powers and incorporation, including borough formation where feasible. Resolution #13-2020 Supporting reform of the USDA Forest Service Secure Rural Schools program to include long-term certainty and sustainability of funding. Resolution #14-2020 In support of reform of the PILT funding formula to extend multipliers to smaller population counties (boroughs). Resolution #15-2020 Supporting the Legislature’s efforts toward consensus on the Permanent Fund Dividend. Resolution #16-2020 Supporting the sustainability of the Alaska Universal Service Fund (AUSF) and increased investment in rural infrastructure and affordability. Resolution #17-2020 Opposing any State action that would diminish the ability of local governments to tax or receive a share of State tax on local economic activity. AGENDA ITEM #5.A. *Regular Meeting Minutes Of November 7, 2019 Page 10 of 155 Kodiak Island Borough November 7, 2019 Assembly Regular Meeting Minutes Page 7 of 11 Resolution #18-2020 Considering unacceptable the reductions to funding for the Alaska Marine Highway System in FY20 and the changes to the winter schedule; opposing any further reduction to the System’s budget and supporting reform that is sustainable and responsive to the needs of coastal communities. Resolution #19-2020 Opposing any further reductions to Community Assistance and in support of an appropriation to the Community Assistance Fund that would bring the Fund total back up to $90 million. Resolution #20-2020 Supporting full funding ($12,145,312) for the State of Alaska Municipal Harbor Facility Grant Program in the FY21 budget. Resolution #21-2020 Supporting Amendments to AS 29.45.500 to Require Municipalities to Pay Reasonable Interest on Tax Refunds. It has been the practice of the Borough Assembly to discuss the AML resolutions prior to the Annual Local Government Conference. A voting delegate will be appointed to carry out the wishes of the Assembly during the AML business meeting. Skinner moved to support the following AML Resolutions: Resolution #2019-02 A Resolution Requesting That The Alaska State Legislature Fund The Senior Citizen’s/Disabled Veteran’s Property Tax Exemption As Required In AS 29.45.030(G) Resolution #2019-03 A Resolution In Support Of Full Funding From The State Of Alaska For School Bond Debt Reimbursement And State Aid For Construction In Regional Education Attendance Areas Resolution #2019-04 A Resolution Supporting Legislation Adopting Real Property Sales Disclosure In Alaska Resolution #2019-08 A Resolution Encouraging The Governor And Legislature To Increase Capacity Within The Office Of Management And Budget To Evaluate Costs To Communities Of State And Legislative Budget And Legislative Actions, And To Include A Municipal Impact Fiscal Note In All Relevant Legislation Resolution #01-2020 In Support Of Reinstatement Of State Funding For The Code Blue Program And Local Emergency Planning Committees Resolution #04-2020 Expressing Support For Rural Law Enforcement Efforts Such As The VPO And VPSO Program, While Recognizing The Need For Increased Investment And The Potential For Reform To Ensure Both Public Safety And The Sustainability Of Law Enforcement Efforts In Rural Alaska Resolution #06-2020 Expressing Appreciation Of DEC’s Policy To Test For And Analyze A Full Suite Of PFAS Compounds; Requesting That State And Federal Action On PFAS Continue, Including To Establish PFAS Compounds As Eligible For Funding, And Set Allowable Limits And Standards For Cleanup Resolution #08-2020 In Support Of Economic, Resource And Infrastructure Development That Benefits Local Governments, The State Of Alaska, And Alaska Residents Resolution #09-2020 Supporting All And Diverse Efforts That Contribute To A Complete Count During The U.S. Census AGENDA ITEM #5.A. *Regular Meeting Minutes Of November 7, 2019 Page 11 of 155 Kodiak Island Borough November 7, 2019 Assembly Regular Meeting Minutes Page 8 of 11 Resolution #12-2020 Supporting The Effort To Maximize Local Self-Government, Respect Local Control, And Encourage The State To Provide Funding For The Adoption Of Powers And Incorporation, Including Borough Formation Where Feasible Resolution #13-2020 Supporting Reform Of The USDA Forest Service Secure Rural Schools Program To Include Long-Term Certainty And Sustainability Of Funding Resolution #14-2020 In Support Of Reform Of The PILT Funding Formula To Extend Multipliers To Smaller Population Counties (Boroughs) Resolution #15-2020 Supporting The Legislature’s Efforts Toward Consensus On The Permanent Fund Dividend Resolution #16-2020 Supporting The Sustainability Of The Alaska Universal Service Fund (AUSF) And Increased Investment In Rural Infrastructure And Affordability Resolution #17-2020 Opposing Any State Action That Would Diminish The Ability Of Local Governments To Tax Or Receive A Share Of State Tax On Local Economic Activity Resolution #19-2020 Opposing Any Further Reductions To Community Assistance And In Support Of An Appropriation To The Community Assistance Fund That Would Bring The Fund Total Back Up To $90 Million Resolution #20-2020 Supporting Full Funding ($12,145,312) For The State Of Alaska Municipal Harbor Facility Grant Program In The FY21 Budget Resolution #21-2020 Supporting Amendments To AS 29.45.500 To Require Municipalities To Pay Reasonable Interest On Tax Refunds ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Turner, Arndt, and Dvorak. Arndt moved to support AML Resolutions #2019-01. ROLL CALL VOTE ON THE MOTION FAILED UNANIMOUSLY: Skinner, Turner, Arndt, Dvorak, and Schroeder. Arndt moved to support Resolution #2019-05. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Dvorak, Schroeder, and Skinner. Skinner moved to support AML Resolution #2019-06. ROLL CALL VOTE ON THE MOTION FAILED TWO TO THREE: Schroeder and Skinner (AYES); Arndt, Dvorak, Turner (NOES). Arndt moved to support AML Resolution #2019-07. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Dvorak, Schroeder, Skinner, Turner and Arndt. AGENDA ITEM #5.A. *Regular Meeting Minutes Of November 7, 2019 Page 12 of 155 Kodiak Island Borough November 7, 2019 Assembly Regular Meeting Minutes Page 9 of 11 Arndt moved to support AML Resolution #2019-09 ROLL CALL VOTE ON MOTION FAILED THREE TO TWO: Schroeder, Turner, Dvorak (AYES); Skinner and Arndt (NOES). Arndt moved to support AML Resolution #2019-10. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Turner, Arndt, Dvorak, and Schroeder. Arndt moved to support AML Resolution #02-2020. ROLL CALL VOTE ON MOTION FAILED THREE TO TWO: Arndt, Dvorak, Schroeder (AYES); Turner and Skinner (NOES). Arndt Moved to support AML Resolution # 03-2020 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Schroder, Skinner, and Turner. Arndt Moved to support AML Resolution No. 05-2020. ROLL CALL VOTE ON MOTION FAILED ONE TO FOUR: Turner (AYE); Dvorak, Schroeder, Skinner, Arndt (NOES). Arndt moved to support AML Resolution #07-2020. ROLL CALL VOTE ON MOTION FAILED TWO TO THREE: Turner and Dvorak (AYES); Schroeder, Skinner, Arndt (NOES). Arndt moved to support AML Resolution #10-2020 ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Turner, Arndt, Dvorak, Schroeder (AYES); Skinner (NO). Schroeder moved to support AML Resolution #11-2020. ROLL CALL VOTE ON MOTION FAILED TWO TO THREE: Turner and Dvorak (AYES); Arndt, Schroeder, Skinner (NOES). Arndt moved to support AML Resolution #18-2020. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Arndt, Dvorak, Schroeder, Skinner (AYES); Turner (NO). AGENDA ITEM #5.A. *Regular Meeting Minutes Of November 7, 2019 Page 13 of 155 Kodiak Island Borough November 7, 2019 Assembly Regular Meeting Minutes Page 10 of 11 Clerk’s: The following motion was considered towards the end of the meeting, during Assembly member comments. Ardnt moved to craft a resolution to encourage the legislature to approve the additional winter funding in the first five days when the legislature convenes in the middle of January. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Schroeder, Skinner, Turner, Arndt, Dvorak (AYES); Turner (NO). 5. Assembly Approval Of The November And December Meeting Schedule. Arndt moved to approve the proposed November and December Meeting Schedule. Assembly Meetings In November And December As Follows: Nov 14 Work Session - Cancelled Nov 21 Regular Meeting - Cancelled Nov 26 Work Session - Starting at 6 PM (Including JWS With the School Board) Dec 5 Regular Meeting Dec 12 Work Session Dec 19 Regular Meeting ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Schroeder, Skinner, Turner, and Arndt. CITIZENS' COMMENTS The following spoke under citizens’ comments: Michael Powers Justin Thran Dennis Symmons ASSEMBLY MEMBERS' COMMENTS Skinner acknowledged Veteran’s Day and spoke of the Shared Fisheries Revenue. Schroeder spoke about a group of citizens that want to bring back Whale Fest. Turner spoke about recent community functions. Dvorak spoke about the Hazard Mitigation Plan. Arndt spoke about the AML resolutions. Announcements The Assembly work session on Thursday, November 14 and the regular meeting scheduled on Thursday, November 21, 2019 has been canceled. The next Assembly work session will be on Thursday, November 26, 2019 in the School District Conference room. EXECUTIVE SESSION None. ADJOURNMENT AGENDA ITEM #5.A. *Regular Meeting Minutes Of November 7, 2019 Page 14 of 155 Kodiak Island Borough November 7, 2019 Assembly Regular Meeting Minutes Page 11 of 11 ARNDT moved to adjourn the meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. This meeting was adjourned at 9:28 p.m. KODIAK ISLAND BOROUGH ATTEST: William Roberts, Mayor Tara Welinsky, Borough Clerk Approved on: AGENDA ITEM #5.A. *Regular Meeting Minutes Of November 7, 2019 Page 15 of 155 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 5, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: State Of Alaska Alcohol And Marijuana Control Office, Liquor License Transfer of Location Application (El Chicano Inc.) License Number 3299. ORIGINATOR: Clerk's Office Staff RECOMMENDATION: Move to voice non-protest to the State of Alaska liquor license transfer of location application for El Chicano Inc. License Number 3299. DISCUSSION: On October 22, 2019, the Kodiak Island Borough Clerk's Office received notification regarding the attached liquor license transfer of location application for El Chicano Inc. dba: El Chicano Mexican Restaurant. The application requests approval to change the current physical location from 103 Center Ave., to 402 Marine Way, Suite 100. The Clerk's Office followed KIB Code 5.01.030 New license and transfer process and processed the attached application. To summarize, the Clerk's Office checked with the different borough departments including the building official, Fire Marshal and landowners with 1,500 feet of the new location to determine if there was an interest which could be protested with the approval of the said license. No protest was received from any of the departments, the building official or the Fire Marshal. There were two letters of support from Nancy Sweeney and Bob Brodi. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: The following feedback was returned as a result of the investigation. The forms are attached to this packet. • Manager's Office - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. • Assessing Department - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. • Building Official - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. • Community Development Department - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. • Engineering and Facilities Department - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. • Finance Department - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. AGENDA ITEM #9.A. State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 17 of 155 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 5, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough • Fire Marshal - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. • The City of Kodiak Police Department reported 2-3 reports of trouble at this place of business in the past 12 months. • The City of Kodiak has submitted their approval of the application. • Community member, Nancy Sweeney returned her notice of public hearing with positive support in approving this application Title 5 Business Licenses and Regulations, Chapter 5.01 Liquor Licenses 5.01.030 New License and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board’s 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 Alcoholic Beverage Control Board. 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 Alcoholic Beverage Control Board. [Ord. FY2008-16 §2, 2008; Ord. 98-09 §2, 1998; Ord. 86-07-O §2, 1986]. AGENDA ITEM #9.A. State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 18 of 155 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 October 21, 2019 City of Kodiak Attn: Nova Javier VIA Email: njavier@city.kodiak.ak.us clerks@city.kodiak.ak.us twelinsky@kodiakak.us clerks@kodiakak.us License Type: Beverage Dispensary License Number: 3299 Licensee: El Chicano Inc. Doing Business As: El Chicano Mexican Restaurant Premises Address: 402 Marine Way, Suite 100 ☐ 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.localgovernmentonly@alaska.gov AGENDA ITEM #9.A. State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 19 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 20 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 21 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 22 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 23 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 24 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 25 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 26 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 27 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 28 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 29 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 30 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 31 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 32 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 33 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 34 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 35 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 36 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 37 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 38 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 39 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 40 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 41 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 42 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 43 of 155 1 Alise Rice From:Javier, Nova <njavier@city.kodiak.ak.us> Sent:Friday, November 15, 2019 9:02 AM To:AMCO Local Government Only (CED sponsored) Cc:Clerks; Clerks Subject:#3299 dba El Chicano Mexican Restaurant Location Transfer Hello Craig, The City of Kodiak voices non-objection to the transfer of location of El Chicano Inc. Liquor License 3299. Thank you, Nova From: AMCO Local Government Only (CED sponsored) <amco.localgovernmentonly@alaska.gov> Sent: Monday, October 21, 2019 1:17 PM To: Javier, Nova <njavier@city.kodiak.ak.us>; Clerks <Clerks@city.kodiak.ak.us>; twelinsky@kodiakak.us; clerks@kodiakak.us Cc: AMCO Local Government Only (CED sponsored) <amco.localgovernmentonly@alaska.gov> Subject: #3299 dba El Chicano Mexican Restaurant Location Transfer EXTERNAL EMAIL: ******* If sender is unknown or email is unexpected, do not click on attachments/links.*******. Good afternoon, Please see the attached notification for a completed liquor license application for your consideration. Thank you, Carrie Craig Occupational Licensing Examiner Alcohol & Marijuana Control Office 550 West 7th Avenue, Suite 1600 Anchorage, AK 99502 alcohol.licensing@alaska.gov AGENDA ITEM #9.A. State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 44 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 45 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 46 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 47 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 48 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 49 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 50 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 51 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 52 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 53 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 54 of 155 AGENDA ITEM #9.A.State Of Alaska Alcohol And Marijuana Control Office, Liquor License Tra...Page 55 of 155 Page 56 of 155 Manager’s Report Michael Powers December 5, 2019 Activities Met with Major Mark Davis of the Salvation Army. He provided an overview of their mission as well as a tour of the facilities, including the new food bank operation. Attended a meeting with the Mayor, E&F Director and our counterparts at the School District regarding the unexpected revenue the School District has received and options for it’s use. Conducted follow up both before and after the Joint Work Session. Followed up on a complaint about trees near Shahafka Circle. Authorized removal of two leaning trees. Worked with staff on 2021 budget issues, accounts payable schedule and other Finance Department issues including the calling of numerous bonds (losing the higher rate callable bonds). Met with E&F staff on a variety of issues including pumps at KFRC, building issues for the Borough Offices, Boiler/shop building, KFRC, Hospital and schools. Met with IBEW to conduct union negotiations and related follow up. Dealt with several personnel issues. Met with the Community Development Director regarding staffing, 2021 budget, the work plan and various duties and responsibilities. Upcoming No immediate events. SWAMC Annual Conference will be March 5-6, 2020. AGENDA ITEM #10.A. Borough Manager's Report for December 5, 2019.Page 57 of 155 Page 58 of 155 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Reorganization of the Kodiak Island Borough Assembly 1. Election of the Deputy Presiding Officer ORIGINATOR: Tara Welinsky RECOMMENDATION: Move to nominate ______ as Deputy Presiding Officer. DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIB Code Chapter 2.30 Rules Of The Assembly Chapter 2.30.040 Organization and deputy presiding officer. A. Organization. The assembly shall annually, at the November meeting, elect from its members a deputy presiding officer to serve at the assembly’s pleasure. B. Election of the deputy presiding officer of the assembly shall be in the following manner: 1. As the first order of new business, nominations for deputy presiding officer shall be opened. 2. Nominations may be made by any member of the assembly. 3. At the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one other person, tally the ballots. The clerk shall announce the results. 4. A majority vote of the assembly shall be required for election. 5. If no majority is cast for any candidate, the candidate or candidates with the fewest ballots shall be dropped from the list of candidates until there are two remaining and balloting shall continue until one candidate is elected. In case of an ultimate tie vote of the assembly, the mayor may vote. C. Deputy Presiding Officer. The deputy presiding officer shall preside as the chair at assembly meetings in the absence of the mayor. If at any meeting the deputy presiding officer is not present, or is unable to act, the senior assembly member present shall preside as the chair. [Ord. FY2017-26 §2, 2017; Ord. FY2005-07 §5, 2004; Ord. 98-02 §4, 1998; Ord. 86-13-O(A) §3, 1986. Formerly §2.17.040]. AGENDA ITEM #12.A. Reorganization of the Kodiak Island Borough Assembly 1. Election of the ...Page 59 of 155 Page 60 of 155 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 5, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2020-09 Baler Building Fuel Tank Procurement ORIGINATOR: Matt Gandel RECOMMENDATION: Move to authorize the Borough Manager to execute Contract No. FY2020-09 with Greer Tank, Inc., in an amount not to exceed $52,122. 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 procurement of a new fuel tank for the Baler Building. The existing underground storage tank was removed after a leak was discovered in August 2018, and a temporary tank is currently in place. The proposed new tank is a 4,000 gallon dual compartment tank, with one side for building heating fuel and the other equipped with a dispensing station to fuel landfill vehicles and equipment. The contract includes fabrication of the tank and shipping to Kodiak. Jensen Yorba Wall (JYW) and RSA Engineering (RSA) provided the design for the new tank. An invitation to bid was issued on October 10, 2019, and bids were due and opened on October 30, 2019. Two bids were received and after reviewing the documents submitted staff has determined that Greer Tank, Inc,. of Anchorage is the apparent low bidder. The new tank is scheduled to arrive by January 31, 2020. Staff is currently working with JYW/RSA on a design for the installation of the new tank. Installation is tentatively scheduled for spring 202 0. ALTERNATIVES: Take no action or reject all bids. FISCAL IMPACT: The total for this contract is $52,122.00. The funds are coming from Project 18005 Baler Building UST Remove/Replace, which is funded by Fund 530 Solid Waste Disposal. OTHER INFORMATION: AGENDA ITEM #13.A.1. Contract No. FY2020-09 Baler Building Fuel Tank Procurement Page 61 of 155 KODIAK ISLAND BOROUGH EQUIPMENT PURCHASE AGREEMENT Contract No. 2020-09 THIS AGREEMENT made this 5th day of December 2019, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Greer Tank, Inc of PO Box 190708, Anchorage, Alaska 99519, hereinafter called the Distributor. WITNESSETH: That the Distributor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish a FUEL TANK for the Kodiak Island Borough per the Specifications [part of the Contract Documents] for same and for the sum of Fifty Two Thousand One Hundred Twenty Two & 00/100 ($52,122.00) Dollars. The Distributor further covenants and agrees that the manufacturing of said FUEL TANK shall be done to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Distributor further covenants and agrees that the manufacturing of said FUEL TANK shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Specifications: that he will abide by and perform all stipulations, covenants, and agreements specified in the Contract Documents, all of which are by reference hereby made a part of this Contract, as to all premises therein: and in case any of said materials or labor shall be rejected by the Borough Manager or his assistant or authorized representative, as defective or unsuitable, then the said materials shall be removed or replaced with other approved materials and the said labor shall be done anew to the satisfaction and the approval of the Borough Manager or his representatives, at the cost and expense of the Distributor. To the fullest extent permitted by law, the Distributor agrees to defend, pay on behalf of, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers and others working on behalf of the Kodiak Island Borough against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the Kodiak Island Borough, its elected and appointed officials, employees, volunteers or others working on behalf of the Kodiak Island Borough, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this Agreement. The agreement entered into by the acceptance of the Distributor's bid and the signing of this Agreement consists of the following documents all of which are component parts of said Agreement and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. 1. Agreement 2. Invitation to Bid dated October 10, 2019 AGENDA ITEM #13.A.1. Contract No. FY2020-09 Baler Building Fuel Tank Procurement Page 62 of 155 In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. The Distributor further covenants and agrees that said FUEL TANK shall be furnished and delivered to the satisfaction of the herein aforementioned Borough Manager, on or before January 31, 2020. It is expressly understood and agreed that in case of the failure on the part the Distributor for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said FUEL TANK before the aforesaid date, the party of the first part shall have the right to deduct from any monies due or which may become due the Distributor, or if no monies shall be due, the party of the first part shall have the right to recover One Hundred Dollars ($ 100) per day for each and every calendar day elapsing between the time stipulated, and the actual date of delivery in accordance with the terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon receipt of written notice from the Distributor of the existing causes over which said Distributor has no control and which must delay the delivery of said FUEL TANK, the Borough Manager may at his discretion, extend the period herein before specified for the delivery of the said FUEL TANK, and in such case the Distributor shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. The Distributor hereby agrees to receive the prices set forth in the proposal as full compensation for delivering the FUEL TANK to complete said Agreement to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Distributor shall not assign this contract, or any part thereof or any right to any of the monies to be paid him hereunder. Payment for services rendered under this Agreement shall be made by the Kodiak Island Borough within thirty [30] days of delivery, acceptance by the Kodiak Island Borough and invoicing by Distributor. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said Greer Tank, Inc have hereunto set their hands and seals, the day and year first above written. KODIAK ISLAND BOROUGH DISTRIBUTOR By _________________________ By ________________________ Michael Powers. Borough Manager Title: Attest: By _______________________________ Tara Welinsky Boroughs Clerk AGENDA ITEM #13.A.1. Contract No. FY2020-09 Baler Building Fuel Tank Procurement Page 63 of 155 Kodiak Island Borough Bid Tabulation Baler Building Fuel Tank Procurement Bid Opening: 10/30/2019 at 3:00 PM BASE BID Total No.GENERAL CONTRACTOR 1 Greer Tank 52,122$ 52,122$ 2 Anchorage Tank 79,497$ 79,497$ These results are unofficial until staff has a chance to review and verify the bid documents submitted by the apparent low bidder, and a contract receives administrative or Assembly approval. AGENDA ITEM #13.A.1. Contract No. FY2020-09 Baler Building Fuel Tank Procurement Page 64 of 155 AGENDA ITEM #13.A.1.Contract No. FY2020-09 Baler Building Fuel Tank ProcurementPage 65 of 155 Page 66 of 155 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 5, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2020-08 Agreement for Lobbying Services with Hickey & Associates ORIGINATOR: Meagan Christiansen RECOMMENDATION: Move to approve contract No. FY2020-08 with Hickey & Associates DISCUSSION: This contracts renews the contract for state lobbying services with Hickey & Associates for a period of three years, January 1, 2020 through December 31, 2023 at rate of $45,000 per year. ALTERNATIVES: Take no action FISCAL IMPACT: $45,000 per year OTHER INFORMATION: AGENDA ITEM #13.A.2. Contract No. FY2020-08 Agreement for Lobbying Services with Hickey & Ass...Page 67 of 155 Contract No. FY2020-08 AGREEMENT FOR LOBBYING SERVICES BETWEEN KODIAK ISLAND BOROUGH AND HICKEY & ASSOCIATES 1. Hickey & Associates (hereinafter the “Contractor”) agrees to represent the Kodiak Island Borough (hereinafter the “Borough”) from January 1, 2020 through December 31, 2023. 2. The firm will represent the Kodiak Island Borough before the Alaska State Legislature and State Administration. Representation will be focused on the various projects and issues the Borough will have before the Legislature and administrative agencies of the State of Alaska. Borough representatives will assist with representation as appropriate on any legislative or agency issues. 3. The firm will report directly to the Borough Manager of the Kodiak Island Borough. Mr. Hickey will travel to Kodiak to meet with the Manager, Mayor and Assembly at least once each year during the term of the contract at a mutually agreeable time. 4. The firm will provide the Borough Manager with regular updates by phone with the progress of the Borough’s projects during the term of this contract. A monthly, written status report during session and supplemental written reports during the interim as well as notification of opportunities to testify or provide comments on behalf of the community, as events warrant, is required. When representatives of the Kodiak Island Borough travel to Juneau, a schedule of appointments in advance of the travel date is to be provided. 5. Kodiak Island Borough priorities for this agreement are the following items: A. Representation of all Kodiak Island Borough issues and concerns before legislative bodies and administrative agencies of the State of Alaska. B. The Kodiak Island Borough Capital Improvement Program as adopted by resolution of the Assembly. 6. The fixed fee for the above services will be $45,000 per year, or a total of 135,000 for the contract period. $33,000 of the annual fee will be payable on the first of the month during the six months of the session (January through June). The remaining $12,000 will be payable on a quarterly basis for the last two quarters of the year (September 1 and December 1). Extraordinary out-of-pocket expenses defined as direct expenses for borough-directed travel and major entertainment/meal expenses shall be reimbursed over and above the fixed fee and must be approved in advance by the KIB Manager. The Contractor will pay for the annual trips required under paragraph #3 above. 7. The parties agree the contract may be terminated by either party with or without cause, by providing the other party with a written notice of 30 (thirty) days. If the Borough AGENDA ITEM #13.A.2. Contract No. FY2020-08 Agreement for Lobbying Services with Hickey & Ass...Page 68 of 155 Contract No. FY2020-08 terminates this agreement and termination falls between scheduled payment dates, the Contractor shall be compensated on a pro-rated basis. This agreement constitutes the full agreement between the parties. KODIAK ISLAND BOROUGH HICKEY & ASSOCIATES _________________________________ ______________________________ Michael Powers, Borough Manager Mark S. Hickey, President _____________________ _____________________ Date Date ATTEST: __________________________ Tara Welinsky, Borough Clerk _____________________ Date AGENDA ITEM #13.A.2. Contract No. FY2020-08 Agreement for Lobbying Services with Hickey & Ass...Page 69 of 155 Page 70 of 155 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 5, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Change Order No. 4 Amending Contract FY2018-28 Architectural and Engineering Services Term Contract for the Providence Kodiak Island Medical Center Structural Analysis and Project List Development. ORIGINATOR: Matt Gandel RECOMMENDATION: Authorize the Manager to Execute Change Order No. 4 Amending Contract FY2018-28 with Jensen Yorba Wall, Inc. of Juneau, Alaska for Architectural and Engineering Services Term Contract in an Amount Not to Exceed $42,340. DISCUSSION: Kodiak Island Borough Code 3.30.100 Change Orders - Manager Authority states that a change order greater than five percent of approved contract amount or $50,000, whichever is lower, requires Assembly approval. This is a change order to the Borough's term contract with Jensen Yorba Wall (JYW) to include a structural analysis of the older portions of the Providence Kodiak Island Medical Center and development of a list for future renewal and replacement projects. This is the next step in defining a plan for future projects at the hospital. The first step was a Condition Assessment completed in August 2019. The Condition Assessment included a Deficiency List with a ranking of projects based on life safety and urgency of potential repairs. Many of the higher priority projects are located in the single story 1968 and 1978 wing of the facility. The work included in this change order will provide information to help decide if it makes more sense to do smaller projects over a longer period of time to update the older portion of the hospital, or a larger expansion or replacement over a shorter period of time. ALTERNATIVES: Take no action or deny approval of the change order. FISCAL IMPACT: The cost for this change is not to exceed $42,340. This design work will be funded by Renewal and Replacement funds collected through the lease with Providence Health and Services. This work and the cost has been discussed and agreed on by both Borough and Providence management staff . An item will be included on a future budget ordinance to create a project and transfer funds. OTHER INFORMATION: AGENDA ITEM #13.A.3. Change Order No. 4 Amending Contract FY2018-28 Architectural and Enginee...Page 71 of 155 Revised 09/19 Page 1 of 1 KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615 TERM CONTRACT CHANGE ORDER Project Name: Project Number: PKIMC Structural Analysis / Project List Development 426-805 452.140 Contractor: Jensen Yorba Wall, Inc. Term Contract No.: 2018-28 Change Order No.: 04 Original Project Budget: $ 50,000.00 Original Contract: $ 0.00 Previous Budget Changes: $ 0.00 Previous Changes: $ 185,061.00 Adjusted Project Budget: $ 50,000.00 This Change: $ 42,340.00 To-Date Project Expenses: $ 0.00 % of Original Contract >5% To-Date Project Encumbrances: $ 0.00 Adjusted Contract: $ 227,401.00 Current Remaining Project Budget: $ 50,000.00 Description of Change Cost Provide structural analysis and project list development services per proposal dated September 17, 2019. Deliverables to include structural analysis of 1968 and 1978 portions of Providence Kodiak Island Medical Center, conceptual design for structural upgrades, graphic representations of possible replacement options for single-story wing, and project list for future renewal and replacement projects. $ 42,340.00 The time provided for completion of the contract is ( unchanged) (increased) (decreased) by 0 calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply thereto. Per Borough Code 3.30.100, a change order that does not exceed five percent of the original contract amount or $50,000, whichever is lower, requires approval by the mayor and deputy presiding officer, the mayor and one assembly member in the absence of the deputy presiding office, or the deputy presiding officer and one assembly member in the absence of the mayor. Change orders greater than five percent of approved contract amount or $50,000, whichever is lower, require assembly approval. Accepted By: ______________________________________________________________________________ Date: __________ Contractor’s Representative Recommended: _____________________________ Date: _________ ______________________________ Date: __________ Engineering/Facilities Director Finance Director Approved By: ______________________________ Date: _________ Attest: _________________________ Date: _________ Borough Manager Borough Clerk Mayor and Deputy Presiding Officer Approval (does not exceed five percent of the original contract amount or $50,000, whichever is lower) Approved By: ______________________________ Date: _________ ______________________________ Date: __________ Borough Mayor Deputy Presiding Officer Borough Assembly Approval (greater than five percent of approved contract amount or $50,000, whichever is lower) Approved By: ______________________________ Date: _________ Attest: ________________________ Date: __________ Borough Manager Borough Clerk AGENDA ITEM #13.A.3. Change Order No. 4 Amending Contract FY2018-28 Architectural and Enginee...Page 72 of 155 Jensen Yorba Wall Architecture Interior Design Construction Management 522 West 10th Street, Juneau, Alaska 99801 907.586.1070 jensenyorbawall.com Designing Community Since 1935 Date: September 17, 2019 To: Matt Gandel From: Corey Wall Re: Providence Kodiak Island Medical Center – Project List Development Project Scope The first phase of the PKIMC Term Contract work is now complete with delivery of the final Condition Assessment and Deficiency List. The Assessment identified evaluated systems and finishes throughout the facility and the Deficiency List started to rank priorities based on life safety and urgency of potential repairs. Two issues were identified as particularly urgent—the replacement of the exterior retaining wall along the upper portion of the site, and replacement of the oil tank and underground fuel lines. Design work for projects to remedy both of these issues is currently underway. The next phase of the Term Contract will be to develop a Project List of individual construction projects which will be undertaken to address the identified deficiencies. For planning purposes, the Project List will span the entire 30 years of the building lease with Providence. Attached is the fee proposal for the efforts required to develop the Project List. Many of the items identified as urgent in the Deficiency List are located in the single-story 1968 and 1978 wing of the facility. Finishes and systems throughout this wing are past their service life, requiring future mechanical, electrical, and architectural upgrade/replacement projects. Most urgently, the structural analysis indicated that the 1968 wing in particular lacked lateral bracing to support the concrete roof deck, creating the possibility of catastrophic failure during a seismic event. Since so many of the identified deficiencies are contained in the single-story wing, the Conceptual Plan will examine three possible paths forward: 1) many individual renewal projects, 2) a comprehensive renovation, or 3) a complete replacement of the wing. Each of the options will be represented graphically along with conceptual construction costs to help the Kodiak Island Borough and Providence stakeholders determine which path to pursue. Scope of the project is as follows:  Structural Analysis and Conceptual Design for a lateral bracing system in the 1968 and 1978 wing. The conceptual design will determine locations and extent for the required braces. The structural braces are likely to be the most invasive project required in the facility and determining locations and extent at this early phase will help inform all future decisions about the facility.  Graphic representations of possible Replacement Options for the single-story wing. Given the comprehensive list of projects needed in the single-story wing, a replacement project might be the best AGENDA ITEM #13.A.3. Change Order No. 4 Amending Contract FY2018-28 Architectural and Enginee...Page 73 of 155 Jensen Yorba Wall Architecture Interior Design Construction Management and most cost-effective option. Examining where on the site a new project could be located will be key to making the decision of how best to move forward.  Project List of renewal/replacement projects totally approximately $1M/year for 30 years.  A presentation in Kodiak of the Structural Analysis, Replacement Options, and Project List by the architect. Please note the following assumptions:  One site visit at the end of the phase has been included to present the work. Preliminary meetings will be conducted via telephone or webinar.  Four hours of assistance by the mechanical and electrical engineers has been included to help in creation of the Project List. Conceptual design work by these engineers is not anticipated for this phase of work.  Two hours of assistance by the professional Cost Estimator have been included to assist in the development of per square foot construction costs for the various Replacement Options. If a more accurate cost estimate is desired for any of the options, we would be more than happy to provide this at a later phase. Thanks again! We look forward to working with you. AGENDA ITEM #13.A.3. Change Order No. 4 Amending Contract FY2018-28 Architectural and Enginee...Page 74 of 155 AGENDA ITEM #13.A.3. Change Order No. 4 Amending Contract FY2018-28 Architectural and Enginee...Page 75 of 155 AGENDA ITEM #13.A.3. Change Order No. 4 Amending Contract FY2018-28 Architectural and Enginee...Page 76 of 155 AGENDA ITEM #13.A.3. Change Order No. 4 Amending Contract FY2018-28 Architectural and Enginee...Page 77 of 155 1968 Original Building1978 Addition1997 Addition2008 Addition (KCHC)AGENDA ITEM #13.A.3. Change Order No. 4 Amending Contract FY2018-28 Architectural and Enginee...Page 78 of 155 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 5, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2020-13 Sole Source Agreement for Replacement of Sprinkler Piping at KFRC Tower ORIGINATOR: Dave Conrad RECOMMENDATION: Move to authorize the Borough Manager to execute Contract No. FY2020-13 with Taylor Fire Protection Services LLC in an amount not to exceed $53,097. DISCUSSION: Kodiak Island Borough Code (KIBC) 3.30.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. KIBC 3.30.070(B) Exception to Bidding Requireme nts states that bidding requirements shall not apply to "Contracts for property or services necessitated by an emergency, if the delays required for compliance with the bidding requirements would jeopardize the public health or welfare." Kodiak Fisheries Research Center has fire sprinkler piping in the seawater tower that is extremely corroded and at risk of failing. If the piping fails it would contaminate the seawater used for experiments and research throughout the facility. Taylor Fire Protection (Taylor) has a term contract for sprinkler system maintenance and testing at KFRC, so KIB staff approached them about replacing this portion of piping. The actual piping is not difficult to replace, but accessing the piping is problematic. The vertical piping is in a chase covered by exterior building panels. There is not enough access inside the chase to complete the work, so the panels will need to be removed and replaced. The horizontal piping at the top of the tower is installed over the seawater sand filter tanks. Work platforms will need to be constructed in order to safely complete this work.Taylor has subcontracted with Friend Contractors to remove/replace the building panels and construct platforms/scaffold to complete the work. Becaus e the actual degree of difficulty of this work is unknown that portion of the work is proposed as time and materials cost. The balance will be lump sum. Taylor is proposing to start this work December 9, 2019. This is an ideal time to complete this work as there is currently reduced seawater requirements for NOAA research. Two of the four seawater filter tanks will need to be shutdown at a time to complete the sprinkler replacement, which will reduce seawater flow throughout the facility. However, because of the reduced demand this will not interrupt ongoing research or experiments. Staff is requesting approval of this sole source contract since time is of the essence and Taylor is the current provider for maintenance of the sprinkler system at this facility. ALTERNATIVES: FISCAL IMPACT: This work will be funded by Renewal and Replacement funds collected through the lease with GSA/NOAA. This work and the cost has been discussed and agreed on by both Borough staff and GSA/NOAA. AGENDA ITEM #13.A.4. Contract No. FY2020-13 Sole Source Agreement for Replacement of Sprinkle...Page 79 of 155 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 5, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough OTHER INFORMATION: AGENDA ITEM #13.A.4. Contract No. FY2020-13 Sole Source Agreement for Replacement of Sprinkle...Page 80 of 155 725 W Wasair Dr Ste 1A Wasilla, AK 99654 Phone 907-373-1760 Fax 907-373-5760 November 26, 2019 Quote 19-348R Kodiak Island Borough Attn: Dave Conrad Re: KFRC Tower Pipe replacement Dave, Taylor Fire Protection is pleased to offer this quote for replacing the rotted outside section of the tower sprinkler system with galvanized pipe and fittings. All work will be performed to meet current code and will be conducted to meet an agreeable schedule. The total price to perform these tasks will be as follows: 1. Replace rotted pipe in the Tower area $ 12,030.00 2. Sub-Contractor to be Billed on a Time and Material Basis $ TBD 3. Sub-Contractor Estimated Price $ 30,781.00 4. Sub-Contractor Not to Exceed $ 38,367.00 5. Sub-Contractor to provide equipment operator $ 1,800.00 6. Travel and expenses $ 900.00 TOTAL ESTIMATED PRICE $ 45,511.00 TOTAL NOT TO EXCEED $ 53,097.00 Included is the following: • Labor • Parts and Materials • Travel and expenses Excluded is the following: • Removal or replacement of exterior panels or other building materials. • Any work not specifically included in the qualifications above. • Any additional work required by the Fire Marshall or other approving agencies. • Delays caused by others, including weather delays, will be billed at $140.00 per hour, and are above and beyond the scope of the work in this proposal. The quoted price will remain in effect for 30 days. Should you have any questions, please contact me. Sincerely, _____________________________________ Signature of approval Frederick Naef _____________________________________ Date AGENDA ITEM #13.A.4. Contract No. FY2020-13 Sole Source Agreement for Replacement of Sprinkle...Page 81 of 155 AGENDA ITEM #13.A.4. Contract No. FY2020-13 Sole Source Agreement for Replacement of Sprinkle...Page 82 of 155 Description Quantity @ Material Labor Subcontract Total Materials Average Fuel Consumption per day = 20 gal (Forklift/Snorkel Boom)50.00 $5.00 $250.00 Pick up truck gas 20.00 $5.00 $100.00 Drill Bits 1.00 $30.00 $30.00 fasteners 1.00 $50.00 $50.00 Butyl 5.00 $11.00 $55.00 Insulation R-19, 16" 3.00 $90.37 $271.11 Vapor Barrier, 6mm 10x100 1.00 $68.99 $68.99 Total Materials $825.10 Overhead 10%$82.51 Profit 10%$82.51 $990.12 Labor/Equipment 4 man steel erection crew (10hour days)2.00 $4,000.33 $8,000.66 Extreme 1055 Forklift with vacuum attachment ($375+$275) 1.00 week $1,100.00 $1,100.00 JLG 60' Snorkel Boom 1.00 week $1,500.00 $1,500.00 Reinstall Panelling 2.00 $4,000.33 $8,000.66 0.00 $0.00 $0.00 Total Labor $18,601.31 Overhead 10%$1,860.13 Profit 10%$1,860.13 $22,321.58 Subcontracting 0.00 $0.00 $0.00 0.00 $0.00 $0.00 Total Subcontracting $0.00 Overhead 10%$0.00 Profit 10%$0.00 $0.00 Other Permitting Building Permit 0.00 $100.00 $0.00 Zoning Complience 0.00 $100.00 $0.00 Proposal Preparation, drawings and consulting 4.00 $100.00 $400.00 Bonding (Bonding Calculator Tab)1.00 $0.00 $0.00 Dump Fees 1.00 $200.00 $200.00 0.00 $0.00 $0.00 Total Other $600.00 Overhead 10%$60.00 Profit 10%$60.00 $720.00 Grand Total $24,031.70 Tax $0.00 Admin $0.00 With Tax $24,031.70 FRIEND CONTRACTORS LLC Job Name: KFRC AGENDA ITEM #13.A.4. Contract No. FY2020-13 Sole Source Agreement for Replacement of Sprinkle...Page 83 of 155 Description Quantity @ Material Labor Subcontract Total Materials 0.00 $0.00 $0.00 Fasteners 1.00 $40.00 $40.00 Visqueen 2.00 $125.00 $250.00 Plywood 3/4 CDX 10.00 $43.24 $432.40 EPDM Adhesive and Cleaners 1.00 $500.00 $500.00 EPDM Liner 1.00 $400.00 $400.00 Red Vinyl Tape 4.00 $15.00 $60.00 0.00 $0.00 $0.00 Total Materials $1,682.40 Overhead 10%$168.24 Profit 10%$168.24 $2,018.88 Labor/Equipment CCLL 2.00 $4,000.33 $8,000.66 Extreme 1055 Forklift 1.00 $375.00 $375.00 Create 2 liners 8.00 $161.04 $1,288.31 0.00 $0.00 $0.00 0.00 $0.00 $0.00 Total Labor $9,663.97 Overhead 10%$966.40 Profit 10%$966.40 $11,596.76 Subcontracting 0.00 $0.00 $0.00 0.00 $0.00 $0.00 Total Subcontracting $0.00 Overhead 10%$0.00 Profit 10%$0.00 $0.00 Other Permitting Building Permit 0.00 $100.00 $0.00 Zoning Complience 0.00 $100.00 $0.00 Proposal Preparation, drawings and consulting 4.00 $100.00 $400.00 Bonding (Bonding Calculator Tab)1.00 $0.00 $0.00 Dump Fees 1.00 $200.00 $200.00 Shipping 0.00 $0.00 $0.00 Equipment 0.00 $0.00 $0.00 Travel Hotel 0.00 $0.00 $0.00 Rental Car 0.00 $0.00 $0.00 0.00 $0.00 $0.00 Total Other $600.00 Overhead 10%$60.00 Profit 10%$60.00 $720.00 Grand Total $14,335.64 Tax $0.00 Admin $0.00 With Tax $14,335.64 FRIEND CONTRACTORS LLC Job Name: KFRC AGENDA ITEM #13.A.4. Contract No. FY2020-13 Sole Source Agreement for Replacement of Sprinkle...Page 84 of 155 Exterior Tower/Chase AGENDA ITEM #13.A.4. Contract No. FY2020-13 Sole Source Agreement for Replacement of Sprinkle...Page 85 of 155 Interior of Pipe Chase AGENDA ITEM #13.A.4. Contract No. FY2020-13 Sole Source Agreement for Replacement of Sprinkle...Page 86 of 155 Corroded Sprinkler Pipe AGENDA ITEM #13.A.4. Contract No. FY2020-13 Sole Source Agreement for Replacement of Sprinkle...Page 87 of 155 Corroded Sprinkler Pip AGENDA ITEM #13.A.4. Contract No. FY2020-13 Sole Source Agreement for Replacement of Sprinkle...Page 88 of 155 Sprinkler Pipe Over Seawater Filter Tank AGENDA ITEM #13.A.4. Contract No. FY2020-13 Sole Source Agreement for Replacement of Sprinkle...Page 89 of 155 Sprinkler Pipe Over Seawater Filter Tank AGENDA ITEM #13.A.4. Contract No. FY2020-13 Sole Source Agreement for Replacement of Sprinkle...Page 90 of 155 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 5, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2020-02A; Fee Schedule Amendment - Animal Impoundment Fees ORIGINATOR: Erin Welty RECOMMENDATION: Move to approve Resolution No. FY2020-02A amending the FY2020 Kodiak Island Borough fee schedule to include animal impoundment fees. DISCUSSION: Fees that have been advertised for Kodiak Island Borough animal impoundment were never formally adopted with the fee schedule. These fees are currently advertised on the Animal Shelter's website as well as the City of Kodiak's animal control page. These are the fees a person pays at the city police department for release of their animal that was collected when found running at large. The fees mimic those of the City of Kodiak. KIB receives these funds in a lump sum from the city each year. Conversation with the animal enforcement officer revealed that some of the fees listed on the fee schedule are invalid. Boarding fees are not charged when an animal is impounded and all adoption fees are charged by the Humane Society of Kodiak. The amendment reflects the addition of the impound fees and the deletion of the boarding and adoption fees. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.B.1. Resolution No. FY2020-02A; Fee Schedule Amendment - Animal Impoundment F...Page 91 of 155 Kodiak Island Borough, Alaska Resolution No. FY2020-02A Page 1 of 2 Introduced by: CDD Director 1 Drafted by: CDD Director 2 Introduced on: 12/05/2020 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2020-02A 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REVISING THE 9 FEE SCHEDULE OF THE KODIAK ISLAND BOROUGH: 10 11 WHEREAS, in the course of regular business it became apparent that advertised fees for 12 animal impoundment were not in the fee schedule; and 13 14 WHEREAS, further investigation revealed certain fees in Title 6: Animals were no longer 15 relevant; and 16 17 WHEREAS, KIBC 6.04.100.B allows for the impoundment of a dog or other animal that is 18 unrestrained and not under the immediate control of its owner; and 19 20 WHEREAS, the Kodiak Island Borough should be able to recuperate costs associated with the 21 impoundment of such animals; and 22 23 WHEREAS, it is recognized that if a service or program benefits only a select individual or group 24 of individuals, those individuals or group of individuals should pay for the service; and 25 26 WHEREAS, fees must be adopted annually; and 27 28 WHEREAS, staff has recommended changes to the current fee schedule for fiscal year 2020 29 as show on the attached exhibt; and 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 32 BOROUGH that 33 34 Section 1: The attached fee amendment shall be added to the existing FY2020 schedule of fees 35 and shall become effective upon adoption 36 37 BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that 38 39 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 40 THIS __________ DAY OF _______________, 2020. 41 42 43 44 45 AGENDA ITEM #13.B.1. Resolution No. FY2020-02A; Fee Schedule Amendment - Animal Impoundment F...Page 92 of 155 Kodiak Island Borough, Alaska Resolution No. FY2020-02A Page 2 of 2 KODIAK ISLAND BOROUGH ATTEST: 46 47 48 ___________________________ ___________________________ 49 William Roberts, Mayor Tara Welinsky, Clerk 50 51 VOTES: 52 Ayes: 53 Noes: 54 AGENDA ITEM #13.B.1. Resolution No. FY2020-02A; Fee Schedule Amendment - Animal Impoundment F...Page 93 of 155 Deletion – Red, Strikethrough Insertion – Bold, Blue, Underlined KODIAK ISLAND BOROUGH, ALASKA FEE SCHEDULE AMENDMENT Effective: December 5, 2019 Contents Page Title 6: Animals 3 Title 6: ANIMALS Animal Control Boarding Fees Small animals (dogs, cats, etc.), per day $5.00 Large animals (cows, horses, etc.), per day $50.00 Impound Fees Impound of an animal – First occurrence $50.00 Impound of an animal – Second occurrence $75.00 Impound of an animal – 3rd & up $125.00 License Fees Male Dog, per year $35.00 Female Dog, per year $35.00 Neuter and Spayed Dogs, per year $10.00 Duplicate Tag, each $5.00 Miscellaneous Fees Rabies Vaccinations Deposit (partially refundable) $20.00 Adoption (includes neuter or spay, rabies shot, license) actual cost AGENDA ITEM #13.B.1. Resolution No. FY2020-02A; Fee Schedule Amendment - Animal Impoundment F...Page 94 of 155 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 5, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution FY2020-16 Adopting An Alternative Allocation Method For The FY20 Shared Fisheries Business Tax Program And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In FMA 13: Kodiak Area ORIGINATOR: Dora Cross RECOMMENDATION: Move to adopt Resolution No. FY2020-16. DISCUSSION: The Sate of Alaska, Department of Commerce, Community and Economic Development's Shared Fisheries Business Tax Program was created in 1990 to help municipalities impacted by the effects of the rapidly expanding offshore fish processing industry by collecting a tax from fish processors and sharing the collected taxes with affected municipalities. Applications must be submitted annually by municipalities to receive an allocation from the program. This year the deadline is February 18, 2020. This resolution will allow the Kodiak Island Borough to submit its application for the FY2020 Shared Fisheries Business Tax Program using an alternative method. The resolution indicating approval of the application is a required portion of the application. The FY2020 Shared Fisheries Business Tax allocation will be based on the population of each of the cities within the Borough, and the Borough's allocation will be based on the total population of the Borough, less the population of each of the cities (Ahkiok, Kodiak, Larsen Bay, Old Harbor, Ouzinkie and Port Lions.) The total calculated allocation to the Kodiak Area FMA is $348,040.08 (based on FY18 data). The Borough's calculated share of Business taxes is $24,980.64 and Landing Tax is $111,141.41 f or a total of $136,122.05. In FY19, the Borough received a total of $81,629. ALTERNATIVES: Not approving the resolution would mean the Borough would not participate in the State of Alaska's Shared Fisheries Business Tax Program and the loss of $136,122.05 in estimated revenues. FISCAL IMPACT: Estimated revenues to the Borough through the State of Alaska's Shared Fisheries Business Tax Program of $136,122.05. OTHER INFORMATION: AGENDA ITEM #13.B.2. Resolution FY2020-16 Adopting An Alternative Allocation Method For The F...Page 95 of 155 Kodiak Island Borough, Alaska Resolution No. FY2020-16 Page 1 of 2 1 Introduced by: Finance Director 2 Drafted by: Finance Director 3 Introduced on: December 05,2019 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2020-16 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING AN 10 ALTERNATIVE ALLOCATION METHOD FOR THE FY20 SHARED FISHERIES BUSINESS 11 TAX PROGRAM AND CERTIFYING THAT THIS ALLOCATION METHOD FAIRLY 12 REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS 13 ACTIVITY IN FMA 13: KODIAK AREA 14 15 WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY20 Shared 16 Fisheries Business Tax Program, the municipality must demonstrate to the Department of 17 Commerce, Community and Economic Development that the municipality suffered significant 18 effects during calendar year 2018 from fisheries business activities; and 19 20 WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible 21 municipalities located within fisheries management areas specified by the Department of 22 Commerce, Community and Economic Development; and 23 24 WHEREAS, 3 AAC 134.070 provides for the use, at the discretion of the Department of 25 Commerce, Community, and Economic Development, of alternative allocation methods which 26 may be used within fisheries management areas if all eligible municipalities within the area 27 agree to use the method, and the method incorporates some measure of the relative significant 28 effects of fisheries business activity on the respective municipalities in the area; and 29 30 WHEREAS, the Kodiak Island Borough proposes to use an alternative allocation method for 31 allocation of FY20 funding available within the FMA 13: KODIAK AREA in agreement with all 32 other municipalities in this area participating in the FY19 Shared Fisheries Business Tax 33 Program; 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 36 BOROUGH that by this resolution certifies that the following alternative allocation method fairly AGENDA ITEM #13.B.2. Resolution FY2020-16 Adopting An Alternative Allocation Method For The F...Page 96 of 155 Kodiak Island Borough, Alaska Resolution No. FY2020-16 Page 2 of 2 37 represents the distribution of significant effects during 2018 of fisheries business activity in FMA 38 13: KODIAK AREA: 39 40 All municipalities share equally 50% of allocation; all municipalities share remaining 50% 41 on a per capita basis. 42 43 The Kodiak Island Borough population is reduced by the population of the Cities of 44 Akhiok, Kodiak, Larsen Bay, Old Harbor, Ouzinkie & Port Lions 45 46 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 47 THIS __________ DAY OF _______________, 2019. 48 49 KODIAK ISLAND BOROUGH ATTEST: 50 51 52 ___________________________ ___________________________ 53 William Roberts, Mayor Tara Welinsky, Clerk 54 55 VOTES: 56 Ayes: 57 Noes: 58 AGENDA ITEM #13.B.2. 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DISCUSSION: All resources to collect and locate valid addresses to the delinquent tax accounts have been exhausted by the Borough staff. In 2015 vessel taxes within the Kodiak Island Borough were no longer assessed, 24 vessel accounts went uncollected. Department staff has compiled the following personal, mobile home and lease property accounts as noncollectable for various reasons. It is the desire of staff to have the Kodiak Island Borough's accounts to be current and properly reflect the financial status of the Borough in accordance with Generally Accepted Accounting Principles. The KIB Staff is seeking approval to write-off $48,523.37 in delinquent taxes: 24 vessels, 7 personal, 2 mobile homes and 1 lease tax account. Base Tax Total $34,660.83 Penalties and Interest $11,407.32 Miscellaneous Fees $2,455.22 ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.C.1. Ordinance No. FY2020-11 Write-off of Noncollectable Personal Property an...Page 117 of 155 Property ID Geo ID Owner Name Legal Description Base Tax Fees Penalties and Interest Total Due LEASE 23269 R5312800605 AMOOK NATIVE LAND LLC T31S R28W TL 602 LT 5, 6, 7, TR A & SW1/4 NE1/4 1629.60 234.47 1,727.38 3,591.45 MOBILE HOMES 21118 R7385010010 KATELNIKOFF JOAN USS 3218 TR V-1 SP 31 REZANOF MHP 3968.27 123.50 2,980.95 7,072.72 20797 R7315060006 NORTON ROBERT USS 3066AB BK 6 LT 1 SP 6 COVE MHP 555.50 15.70 94.43 665.63 PERSONAL PROPERTY 13339 P5B04000017 BOYLE GARY TUNDRA PLUMBING & HEATING INC 1019.71 67.30 372.83 1,459.84 24265 P2B17000001 DRUMMOND BRUCE FROM START TO FINISH 376.18 15.70 15.96 407.84 23624 P1B13000005 GARCIA ETAL, ALFREDO SPARROW'S RESTAURANT 1843.60 56.30 760.85 2,660.75 10259 P1B00845000 GLOBAL SEAFOODS OF AMERICA LLC GLOBAL SEAFOODS OF AMERICA LLC 17719.24 0.00 1,949.12 19,668.36 13897 P7B07000014 LYMAN JOHN BRONWYN NORTHERN WELDING & REPAIR 151.25 79.30 114.13 344.68 24388 P1B18000015 MARTIN MICHELLE S DOWNTOWN HARBOR VIEW 718.26 15.70 18.31 752.27 23625 P9B13000001 UNITEMP MECHANICAL INSULATION, LLC UNITEMP MECHANICAL INSULATION, LLC 3311.50 43.80 1,010.70 4,366.00 VESSELS 23572 P1V13000002 ABALAMA ARLISS 538089 VIXEN 97.5 79.30 63.90 240.70 23327 P5V12000003 ABALAMA RONALD 622765 RRRRR 165.3 89.55 117.04 371.89 24025 P5V15000003 ASHOWAK LAWRENCE 532264 CHRISTI 39.9 56.30 22.04 118.24 12468 P1V02000033 BERESTOFF ANDY 546379 LUBA MARIE 165.3 89.55 117.04 371.89 13681 P5V84000163 CARLSEN DENNIS 538199 CARLSEN POINT 315.2 133.05 308.16 756.41 13730 P5V95000156 CHRISTIANSEN FRED 545882 MISS HOLLY 252.06 30.05 174.30 456.41 12293 P1V00033650 CHRISTIANSEN MILES 953424 AWTAM 86.1 67.30 53.30 206.70 12595 P1V05000008 CHRISTIANSEN VICTORIA 260202 CHISIK ISLAND 20.31 30.05 0.00 50.36 12788 P1V90000117 COLE JAMES 596846 CEDRIC 101.05 67.30 61.10 229.45 23312 P1V12000001 FLETCHER RYAN 926697 VINDSAGA 43 56.30 25.37 124.67 22855 P1V21000021 KASPRZAK DARIUS 243950 MARONA 223.45 98.55 170.15 492.15 23019 P5V11000040 KODIAK PARADISE LODGE ADF&G 71423 KEKUR POINT 97.5 79.30 63.90 240.70 23020 P5V11000041 KODIAK PARADISE LODGE KODIAK PARADISE LODGE 97.5 79.30 63.90 240.70 12475 P1V02000040 LARA TONY 1115615 LAZY BAY 334.75 104.30 219.39 658.44 12886 P1V92000877 MAY ROBERT 580398 TINA MARIE 104 79.30 68.16 251.46 23592 P1V13000022 NELSON ROBERT 569304 ELIZABETH TAYLOR 191.75 79.30 125.67 396.72 12903 P1V93000779 SIMEONOFF, JOHN 581438 KIMBERLY ANN 117 79.30 76.68 272.98 22991 P5V11000014 SQUARTSOFF HERMAN ACCESSORY VESSEL 97.5 79.30 63.90 240.70 23324 P5V12000002 SQUARTSOFF MELVIN 1118851 LETO POINT 97.5 79.30 63.90 240.70 12366 P1V00559725 STORM FORCE FISHERIES, INC 612657 CASTLE CAPE 48 56.30 28.32 132.62 12412 P1V01000006 THOMAS BRIAN 945243 BEARFOX 110.5 79.30 72.42 262.22 22852 P1V21000018 VOSGIEN NICOLE 966669 SILVER FOX 49.5 56.30 26.55 132.35 12952 P1V96000116 WILD ISLAND, INC 679775 WILD ISLAND 446.90 98.55 340.30 885.75 24022 P1V15000001 WILD ISLAND, INC 946138 WILD WIND 66.15 56.30 37.17 159.62 TOTAL AMOUNTS 34,660.83$ 2,455.22$ 11,407.32$ 48,523.37$ AGENDA ITEM #13.C.1.Ordinance No. FY2020-11 Write-off of Noncollectable Personal Property an...Page 118 of 155 Kodiak Island Borough, Alaska Ordinance No. FY2020-11 Deletion – Red, Strikeout Page 1 of 2 Insertion – Bold, Blue, Underlined Version 1 Introduced by: Borough Manager 1 Drafted by: Finance Director 2 Introduced on: 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2020-11 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH WRITING OFF 10 THE PERSONAL PROPERTY AND VESSEL DELINQUENT TAXES, PENALTIES, INTEREST 11 AND FEES OF THOSE NONCOLLECTABLE TAX ACCOUNTS. 12 13 14 WHEREAS, it is the desire of staff to have the Kodiak Island Borough’s accounts to be current 15 and properly reflect the financial status of the Borough in accordance with Generally Accepted 16 Accounting Principles; and 17 18 WHEREAS, Part of the routine practice to bring the accounts current in compliance with Generally 19 Accepted Accounting Principles includes classifying and writing off as uncollectible those 20 accounts determined to be uncollectible; and 21 22 WHEREAS, the Kodiak Island Borough Code does not identify a specific method for writing off 23 delinquent accounts determined to be uncollectible; and 24 25 WHEREAS, the Kodiak Island Borough Assembly has previously requested that accounts to be 26 written off be identified and the write-off of the accounts be approved by the Assembly by 27 ordinance; and 28 29 WHEREAS, the Kodiak Island Borough ceased assessment of vessel taxes in the Borough in 30 2015, and 24 vessel tax accounts from prior to that time remain uncollected and are believed to 31 be uncollectable; and 32 33 WHEREAS, staff has compiled seven personal, two mobile home and one lease property tax 34 account(s) which have been determined to be uncollectable for various reasons; and 35 36 WHEREAS, all resources to collect and locate valid addresses to the delinquent tax accounts 37 identified for write off have been exhausted by staff; and 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 40 BOROUGH THAT, 41 42 Section 1: The Borough Assembly approves this ordinance to write off $48,523.37 in the fiscal 43 year 2020 for 24 delinquent vessels, seven personal, two mobile homes and one lease tax 44 AGENDA ITEM #13.C.1. Ordinance No. FY2020-11 Write-off of Noncollectable Personal Property an...Page 119 of 155 Kodiak Island Borough, Alaska Ordinance No. FY2020-11 Deletion – Red, Strikeout Page 2 of 2 Insertion – Bold, Blue, Underlined Version 1 account(s) per the attached schedule A, which is incorporated herein by reference, and which 45 accounts have been determined to be uncollectable. 46 47 Base Tax Total $34,660.83 48 Penalties and Interest Total $11,407.32 49 Miscellaneous Fees Total $2,455.22 50 51 Section 2: This ordinance is NOT of permanent nature and shall NOT become a part of the 52 Kodiak Island Borough Code of Ordinances. 53 54 Effective Date: This ordinance takes effect upon adoption. 55 56 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 57 THIS __________ DAY OF _______________, 2019. 58 59 KODIAK ISLAND BOROUGH ATTEST: 60 61 62 ___________________________ ___________________________ 63 William Roberts, Mayor Tara Welinsky, Clerk 64 65 VOTES: 66 Ayes: 67 Noes: 68 AGENDA ITEM #13.C.1. Ordinance No. FY2020-11 Write-off of Noncollectable Personal Property an...Page 120 of 155 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.10.120 Facilities Fund ORIGINATOR: Clerk's Office Staff RECOMMENDATION: Move to adopt Ordinance No. FY2020-13. DISCUSSION: Objective of the Ordinance that is being created with the staff and Scott is to change the 3.10.120 Facilities Fund to read "up to 100 percent of excess may be" from "up to 50 percent" ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.C.2. Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.1...Page 121 of 155 Kodiak Island Borough, Alaska Ordinance No. FY2020-13 Deletion – Red, Strikeout Page 1 of 2 Insertion – Bold, Blue, Underlined Version 1 Introduced by: Assembly Member Arndt 1 Drafted by: Assembly Member Arndt 2 Introduced on: 12/05/2019 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2020-13 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 REVENUE AND FINANCE 11 CHAPTER 3.10 PUBLIC FINANCE – MANAGEMENT AND ACCOUNTING SECTION 3.10.120 12 FACILITIES FUND 13 14 WHEREAS, there is established a permanent fund for facilities in the Kodiak Island Borough to 15 provide revenue for future buildings; and 16 17 WHEREAS, revenue derived from this fund will be used to stabilize and reduce the property taxes 18 in the Kodiak Island Borough ; and 19 20 WHEREAS, the governor vetoed 50% of the school debt reimbursement from the state; and 21 22 WHEREAS, this creates a financial hardship on the taxpayers of Kodiak 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH THAT: 26 27 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 28 Kodiak Island Borough Code of Ordinances. 29 30 Section 2: That section 3.10.120 of the Kodiak Island Borough Code of Ordinances is amended 31 to read as follows: 32 33 Chapter 3.10 34 PUBLIC FINANCE – MANAGEMENT AND ACCOUNTING 35 … 36 37 3.10.120 Facilities fund. 38 39 A. The facilities fund is established as a separate special revenue fund which is distinct from all 40 other funds. The fund consists of all proceeds received from the sale of Shuyak Island property 41 to the Exxon Valdez Oil Spill Trustee Council. All income from the fund shall be deposited to the 42 fund. The assembly may, by ordinance, make additional appropriations to the fund at any time. 43 Any additional funds added to the fund, aside of Shuyak Island proceeds, shall become part of 44 the fund as a whole and subject to the regulations of the facilities fund. 45 Version 1 AGENDA ITEM #13.C.2. Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.1...Page 122 of 155 Kodiak Island Borough, Alaska Ordinance No. FY2020-13 Deletion – Red, Strikeout Page 2 of 2 Insertion – Bold, Blue, Underlined Version 1 46 B. The fund may be invested only as provided in KIBC 3.10.030. The fund may not be 47 appropriated or spent, except as provided in this section. The earnings or principal shall at no 48 time run or supplement the running of government except as specified in this section. 49 50 C. Repealed by Ord. FY2008-08. 51 52 D. The excess income of the fund is defined as 85 percent of the annual investment income from 53 the fund. The excess income of the fund is available for appropriation by the assembly in the fiscal 54 year following the year in which the income is earned. The excess income of the fund may be 55 appropriated only for the following purposes: 56 57 1. Maintenance and repair of existing borough facilities; 58 59 2. Insurance paid by the borough for borough buildings; 60 61 3. Upgrade and reconstruction of existing facilities; or 62 63 4. Debt service on general obligation bonds issued for facilities construction – up to 50 100 percent 64 of excess may be used for this purpose. 65 66 E. A portion of the fund may be appropriated for another purpose only upon approval of an 67 ordinance ratified by a two-thirds majority of the qualified voters at a regular or special election. 68 [Ord. FY2008-08 §4, 2007; Ord. 96-13 §2, 1996; Ord. 94-17 §2, 1994. Formerly §3.04.051]. 69 70 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 71 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 72 73 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 74 THIS __________ DAY OF _______________, 2020. 75 76 KODIAK ISLAND BOROUGH ATTEST: 77 78 79 ___________________________ ___________________________ 80 William Roberts, Mayor Tara Welinsky, Clerk 81 82 VOTES: 83 Ayes: 84 Noes: 85 AGENDA ITEM #13.C.2. Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.1...Page 123 of 155 Page 124 of 155 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.10.030 Permissible Investments And Chapter 3.10.120 Facilities Fund ORIGINATOR: Dora Cross RECOMMENDATION: Move to advance Ordinance No. FY2020-15 to public hearing. DISCUSSION: Per Assembly request, our attorney has sent staff the code changes that would be necessary in order to utilize the Facilities Fund to provide: 1. Loans to other funds as investments for periods of under a year at interest rates at least as high as the most recent return on investment of Borough funds with or without a public vote; 2. Loans to other funds as investments for periods of more than one year at interest rates as high as the most recent return on investment of Borough funds with voter approval of the debt by the fund receiving the loan; 3. Loans to other funds which: are not investments; are subject to annual appropriations for repayment; are for periods of either over or under one year; and are at interest rates at least as high as the most recent return on investment of Borough funds, with or without a public vote; and 4. Grants to other areawide funds with or without a public vote. ALTERNATIVES: FISCAL IMPACT: None OTHER INFORMATION: AGENDA ITEM #13.C.3. Ordinance FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.10.03...Page 125 of 155 Kodiak Island Borough, Alaska Ordinance No. FY2020-15 Deletion – Red, Strikeout Page 1 of 4 Insertion – Bold, Blue, Underlined Version 1 1 Introduced by: Finance Director 2 Drafted by: Finance Director 3 Introduced on: 4 Public Hearing Date: 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2020-15 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 11 TITLE 3 REVENUE AND FINANCE CHAPTER 3.10.030 PERMISSIBLE INVESTMENTS AND 12 CHAPTER 3.10.120 FACILITIES FUND 13 14 WHEREAS, The Kodiak Island Borough Assembly finds that the Facilities Fund is an areawide 15 borough reserved fund which contains sufficient funds to facilitate loans or grants when needed 16 to allow the Borough to respond to unexpected fiscal challenges or budgetary demands; and 17 18 WHEREAS, The Kodiak Island Borough Assembly finds that it is in the public interest to permit 19 investment of funds from the Facilities Fund by interest bearing multi-year loan to Borough 20 areawide, non-areawide or service area funds, provided that such loans comply with limitations 21 on long term borrowing by Borough funds; and 22 23 WHEREAS, The Kodiak Island Borough Assembly finds that it is in the public interest to permit 24 the grant of funds from the Facilities Fund to other Borough areawide funds for areawide 25 purposes; and 26 27 WHEREAS, The Kodiak Island Borough Assembly finds that it is in the public interest to permit 28 the loan of funds from the Facilities Fund to other Borough areawide funds for areawide, non- 29 areawide or service area purposes under terms where repayment is subject to annual 30 appropriations; and 31 32 WHEREAS, The Kodiak Island Borough Assembly finds that it is in the public interest to 33 prescribe rules for loans or grants from the Facilities Fund to other Borough funds; and 34 35 WHEREAS, The Kodiak Island Borough Assembly finds that loans or grants from the Facilities 36 Fund should be memorialized by ordinance. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 39 BOROUGH THAT: 40 41 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 42 Kodiak Island Borough Code of Ordinances. 43 AGENDA ITEM #13.C.3. Ordinance FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.10.03...Page 126 of 155 Kodiak Island Borough, Alaska Ordinance No. FY2020-15 Deletion – Red, Strikeout Page 2 of 4 Insertion – Bold, Blue, Underlined Version 1 44 Section 2: That section 3.10.030 Permissible Investments of the Kodiak Island Borough Code 45 of Ordinances is amended to read as follows: 46 47 3.10.030 Permissible investments. 48 The finance director shall invest money only in the following types of security instruments: 49 A. Bonds, notes, or other obligations, direct or otherwise, of the United States Government; 50 B. Bonds and other evidence of indebtedness of the State of Alaska, or any municipality, or 51 political subdivision of the State of Alaska; 52 C. Savings accounts, certificates of deposit, banker’s acceptances, repurchase agreements, 53 and such other legal security instruments; or 54 D. The Alaska Municipal League Investment Pool, Inc., made in accordance with the terms of 55 that pool’s “Common Investment Agreement; or 56 E. Loans to borough areawide, nonareawide or service area funds, provided that such 57 loans must be approved by ordinance setting out the term, interest rate and repayment 58 schedule for such loans. The interest rate shall be not less than the most recent annual 59 investment return rate for invested Borough funds. When such loans are not payable 60 within one year, the ordinance must be ratified by the voters as required by law at a 61 regular or special election. 62 63 Section 3: That section 3.10.120 Facilities Fund of the Kodiak Island Borough Code of 64 Ordinances is amended to read as follows: 65 66 3.10.120 Facilities fund. 67 A. The facilities fund is established as a separate special revenue fund which is distinct from all other 68 funds. The fund consists of all proceeds received from the sale of Shuyak Island property to the 69 Exxon Valdez Oil Spill Trustee Council. All income from the fund shall be deposited to the fund. The 70 assembly may, by ordinance, make additional appropriations to the fund at any time. Any additional 71 funds added to the fund, aside of Shuyak Island proceeds, shall become part of the fund as a whole 72 and subject to the regulations of the facilities fund. 73 B. The fund may be invested only as provided in KIBC 3.10.030. The fund may not be appropriated 74 or spent, except as provided in this section. The earnings or principal shall at no time run or 75 supplement the running of government except as specified in this section. 76 C. Repealed by Ord. FY2008-08. AGENDA ITEM #13.C.3. Ordinance FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.10.03...Page 127 of 155 Kodiak Island Borough, Alaska Ordinance No. FY2020-15 Deletion – Red, Strikeout Page 3 of 4 Insertion – Bold, Blue, Underlined Version 1 77 D. The excess income of the fund is defined as 85 percent of the annual investment income from the 78 fund. The excess income of the fund is available for appropriation by the assembly in the fiscal year 79 following the year in which the income is earned. The excess income of the fund may be 80 appropriated only for the following purposes: 81 1. Maintenance and repair of existing borough facilities; 82 2. Insurance paid by the borough for borough buildings; 83 3. Upgrade and reconstruction of existing facilities; or 84 4. Debt service on general obligation bonds issued for facilities construction – up to 50 percent of 85 excess may be used for this purpose. 86 E. The Assembly may, by ordinance, appropriate the excess income, and such portion of the 87 fund principal as the Assembly may determine, for grants to other areawide Borough funds 88 or A portion of the fund may be appropriated for another areawide Borough purpose. only upon 89 approval of an ordinance ratified by a two-thirds majority of Unless specifically waived by the 90 appropriations ordinance, grants from the Facilities Fund may only be made by an ordinance 91 approved by the qualified voters at a regular or special election. 92 F. The Assembly may, by ordinance, appropriate the excess income, and such portion of the 93 fund principal as the Assembly may determine, for a loan to a Borough areawide, non- 94 areawide or service area fund which is not repayable within one year and for which the 95 repayment is subject to annual appropriation. Any such ordinance shall set out the term, 96 interest rate and repayment schedule for the loan. Unless specifically waived by the 97 appropriations ordinance, an ordinance authorizing a loan under this section may only be 98 made by an ordinance approved by the qualified voters at a regular or special election. 99 100 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 101 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 102 103 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 104 THIS __________ DAY OF _______________, 2019. 105 106 KODIAK ISLAND BOROUGH ATTEST: 107 108 109 ___________________________ ___________________________ 110 William Roberts, Mayor Tara Welinsky, Clerk 111 112 VOTES: AGENDA ITEM #13.C.3. Ordinance FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.10.03...Page 128 of 155 Kodiak Island Borough, Alaska Ordinance No. FY2020-15 Deletion – Red, Strikeout Page 4 of 4 Insertion – Bold, Blue, Underlined Version 1 113 Ayes: 114 Noes: AGENDA ITEM #13.C.3. Ordinance FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.10.03...Page 129 of 155 Page 130 of 155 Keene &Currall,PPC Memo To:Dora Cross,Finance Director Kodiak Island Borough From:Scott A.Brandt—Erichsen,Borough Attorney § cc:Michael Powers,Borough Manager Tara Welinksky,Borough Clerk Date:October 31,2019 Re:Process for Loans or Grants from the Facilities Fund Question: The Borough is evaluating various options for addressing the shortfall in State School Bond Debt Reimbursement Program payments.In considering the potential use of Facilities Fund monies,you asked that I address questions of the legality and the process for borrowing from the Facilities Fund and repaying it with a loan payment schedule including an interest rate,or in the alternative,using a direct payment from the Facilities Fund (whether earnings or earnings and corpus)and not repaying it. Brief Answer: The Assembly has the authority to,by a properly worded ordinance,appropriate income and principal from the Facilities Fund to make school bond debt payments.The process required depends on the Assembly's choice of whether the funds are to be repaid,and if so,over what time period and terms,and by what manner. If the payment is characterized as an investment,then I recommend amending KIBC 3.10.030 to include this type of investment in the list of permissible investments,and memorializing the terms by ordinance.if it is a loan and the Borough contemplates making other similar interfund loans in the future,I suggest amending KIBC 3.10.120 to specifically authorize use of the Facilities Fund for interfund loans. In this type of transaction,the Borough acts as both the lender or investor and as the borrower.When acting as the borrower,unless the repayment is structured where it could be AGENDA ITEM #13.D.1. Releasing The Memo Regarding The Process For Loans Or Grants From The Fa...Page 131 of 155 paid off in any given year (i.e.with a reserve for repayment)or is funded with a dedicated revenue stream,there may be a requirement for voter approval of the loan repayment obligation. Facts: The Kodiak Island Borough established the Facilities Fund with proceeds from the sale of Shuyak Island to the Exxon Valdez Trustee Council.The Facilities Fund is a special revenue fund governed by KIBC 3.10.120.The Facilities Fund is invested and managed with a portion (currently 85%)ofthe earnings being made available each yearfor appropriation for maintenance, repair,insurance,upgrade or reconstruction,or debt service on Borough buildings and facilities. No more than 50%of the spendable income from the fund can be used for debt service.KIBC 3.10.120(E)allows appropriation of a portion of the Facilities Fund for another purpose only upon approval of an ordinance ratified by a 2/3 majority of the voters. The Facilities Fund is managed and invested in the same manner as other Borough funds under KIBC 3.10.030,which lists the types of permissible investments.The list of permissible investments includes municipal bonds or other evidence of indebtedness issued by municipalities. Due to cuts to funding for the State of Alaska School Bond Debt Reimbursement Program (AS 14.11.100),the Borough is facing a $1.2 million shortfall in funds to cover school facilities bond payments.The Assembly has inquired as to the applicable rules and procedures if they were to consider using earnings or corpus of the Facilities Fund to cover some or all of the shortfall. Prior attorney opinions have addressed the nature and some of the rules regarding the Facilities Fund,concluding that the Borough may,by ordinance,make interfund loans from the Facilities Fund,and that such ordinances can override or exempt loans from the voter ratification requirement in KIBC 3.10.120(E).Those prior opinions have not discussed the role of the Borough as the borrower,and the effect of such an interfund loan as debt financing if it contains binding repayment terms. Discussion: A.The Assembly has the Authority to Appropriate Funds from the Facilities Fund for interfund Loans or Grants for Bond Payments. A 2012 Borough Attorney memorandum opinion from Cheryl Brooking concluded that loans of this type could be made by ordinance.The Brooking opinion discussed the general powers of second class boroughs,including the power to borrow money and issue evidence of indebtedness‘and to expend revenues for borough purposes in accordance with appropriations? The Brooking opinion advised that an interfund loan could be viewed as either an investment or an appropriation,or a combination of the two.It reasoned that the Borough investment policy in KIBC 3.10.030 authorizes investments in political subdivisions of the state,or legal security instruments such as a note or obligation. ‘AS 29.35.o1o(11). 2 See AS 29.25.010(a)(4);AS 29.35.o1o(9);As 29.35.‘l00(b);2935.110. AGENDA ITEM #13.D.1. Releasing The Memo Regarding The Process For Loans Or Grants From The Fa...Page 132 of 155 A 2014 memorandum opinion by then Borough Attorney Joe Levesque also concluded that interfund loans from the Facilities Fund were permissible,but observed that KIBC 3.10.030(B),which permits the Borough to invest in bonds and other evidence of indebtedness of the State of Alaska or any municipality or political subdivision of the State of Alaska,conditions that investment on some “evidence of indebtedness".Mr.Levesque wrote that an enacted ordinance which sets out the terms of the loan,interest rate to be paid,and date upon which the loan and interest must be paid in full,would likely be sufficient to satisfy the “evidence of indebtedness"requirement in KIBC 3.10.030(B),as it would create a legal obligation for the Borough to act in accordance with the loan terms.Mr.Levesque also recommended amending the authorized investments in KIBC 3.10.030 to specifically identify interest generating interfund loans as an authorized investment in order to make this more clear. I concur with Ms.Brookings’opinion as modified by Mr.Levesque.I believe a court would find that the Borough can,by appropriate ordinance,appropriate Facilities Fund monies as a loan, investment,or grant to other Borough funds. B.What Process is Required to Approve interfund Loans or Grants from the Facilities Fund? Despite the provisions limiting bond payments to 50%of the excess funds,and provisions requiring a 2/3 supermajority public vote ratifying an appropriation in excess of the limits in KIBC 3.10.120,I believe a court would find that the Assembly has the inherent authority to expend funds from the Facilities Fund,both earnings and principal,in such amounts as it deems appropriate, so long as the ordinance appropriating the funds contains terms overriding contrary limitations in KIBC 3.10.120.The basic reasoning is that a current or future Assembly has inherent power to amend the provisions of KIBC 3.10.120,or may include language in the appropriating ordinance exempting a particular Facilities Fund appropriation from the limitations in KIBC 3.10.120. An earlier proposed version of the Facilities Fund ordinance contained a provision which would have required that any changes to the Facilities Fund would require ratification by a 2/3 majority vote of Borough voters.A 1994 opinion from then Borough Attorney Joel Bolger concluded that such a provision would be ineffective due to the inherent power of the governing body to amend or repeal ordinances it has enacted.The supermajority vote requirement in KIBC 3.10.120(E)for voter rati?cation of appropriations from the Facilities Fund for expenditures other than those listed in KIBC 3.10.120(E)is similar in that the Assembly has the authority to either adopt an ordinance amending KIBC 3.10.120 to remove the public vote requirement,or to remove the supermajority requirement.The Assembly also has the authority to include provisions in the appropriating ordinance exempting a specific appropriation from the limitations on purposes and amounts in KIBC 3.10.120(D)and the requirement for voter ratification under KIBC 3.10.120(E). As explained in the Bolger opinion,in the absence of express legislation or constitutional provisions permitting it to do so,“a municipality cannot abridge its own legislative powers by passage of irrevocable ordinances.The members of its legislative body are trustees forthe public, and the nature and limited tenure of their offices impress the ordinances enacted by them with liability to change.”6 McQuillin,Municipal Corporations,section 21.10,P.256.No such express legislation is in either Article X (Local Government)of the Alaska Constitution or A8 29.35 (outlining municipal powers and duties).Thus,by an appropriate ordinance,the Assembly can amend or override the limitations in KIBC 3.10.120 on:purposes for which Facilities Funds may AGENDA ITEM #13.D.1. Releasing The Memo Regarding The Process For Loans Or Grants From The Fa...Page 133 of 155 be spent;limitations on amounts which may be appropriated and spent;and requirements for any voter ratification of appropriations from the Facilities Fund.Whether to do so is a policy decision. An additional aspect which was not fully addressed in the prior opinions is the role of the Borough as the borrower,and the impact of the “evidence of indebtedness”as it relates to municipal debt and voter approval.The process for a loan whereby the general fund or debt service fund would borrow money from the Facilities Fund to make the school bond debt payment, and would repay the borrowed funds,with interest,over time,has the Borough acting as both the lender and the borrower.On the lender side,the method for making a legal appropriation and expending the funds for a grant or loan is described above.The commitment of the Borough as the borrower to repay those funds is more complicated as it depends on the terms of repayment. Mr.Levesque touched on the issue indirectly in his footnote 11 on page 4 of his memorandum. He wrote that: “importantly,the Alaska Supreme Court has stated that,even if an ordinance could have the effect of creating a contract,such contracts would be unenforceable if they required the assembly at some future time to take a particular action.See Mt.Juneau Enterprises v.City of Juneau,923 P.2d 768,776 (Alaska 1996). Thus,even if a borough indebts itself to another party by means of a note,security,or other instrument showing “evidence of indebtedness”,those instruments may not be enforceable if performance of those contractual obligations requires some future action by the borough’s assembly,such as for the appropriation of the funds necessary to make good on that debt.However,it is clear that boroughs routinely issue securities in the form of bonds,and KIB 3.10.030(b)expressly permits the Borough to make investments in these sorts of municipa|ity—issued instruments.” The concept at issue is whether the repayment obligation on such a loan is legally binding on the Borough as the borrower.if the repayment of a loan from the Facilities Fund is either repayable within the next fiscal year,3 or if repayment is subject to annual appropriations,‘then no public vote is required.if the debt is longer term and is to be binding on future legislative bodies to repay without discretion to refuse to appropriate the repayment funds,then it must either be a revenue bond,which does not require a public vote,5 or a general obligation,which requires voter approval.6 3 Article IX,Section 10 of the Alaska Constitution authorizes interim borrowing by the state or political subdivisions,and AS 29.47.010 authorizes a municipality to borrow money to meet appropriations for any fiscal year in anticipation of collection of those funds.Thus,if the loan is repaid within a year,this section authorizes the Borough to issue evidence of debt without a public vote. 4 The Alaska Supreme Court has recognized that debt obligations which are subject to appropriations are not “constitutional debt“(debt requiring approval of voters under Article IX,section 8 of the Alaska Constitution)because it is not an “unconditional obligation involving borrowed money where there is a promise to pay sums...in the future whether funds are available or not.”Attorney General Opinion May 2, 2018,citing Carr-Gottstein Properties v.State,899 P.2d 136,142 (Alaska 1995).The same rule would apply to municipal debt under Article IX.Section 9. 5 See Article IX,Section 11 of the Alaska Constitution,and AS 29.47.240-60 regarding revenue bonds not requiring a public vote. 5 See Article IX,Section 9 of the Alaska Constitution,and AS 29.47.180-200. AGENDA ITEM #13.D.1. Releasing The Memo Regarding The Process For Loans Or Grants From The Fa...Page 134 of 155 Applying these rules to a loan from the Facilities Fund,the ability to make the loan by the Borough on the lender's side can be exempted from the amount limitations and voter approval requirements in KIBC 3.10.120 by provision in the loan authorizing ordinance.On the borrowers side,ifthe loan repayment is structured so that it is a non-binding debt obligation subject to annual appropriations,or is repaid within one year,the ordinance authorizing the borrowing can exempt it from a public vote.However,if the loan terms on the borrowing end create a binding obligation to repay sums in the future years whether funds are appropriated or not,then it is functionally a general obligation bond which requires voter approval.When we know the terms desired by the Assembly,I can assist in preparing an ordinance to accomplish their purposes. If the practice of loans from the Facilities Fund to other funds is to be a repeated practice, I recommend that the terms of either KIBC 3.10.030 or 3.10.120,or both,be amended to clearly authorize interfund loans to other Borough funds as investment and to clearly authorize loans from the Facilities Fund setting any benchmark terms the Assembly sees fit. AGENDA ITEM #13.D.1. Releasing The Memo Regarding The Process For Loans Or Grants From The Fa...Page 135 of 155 Page 136 of 155 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 5, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: 2020 Kodiak Island Borough Annual Calendar ORIGINATOR: Clerk's Office Staff RECOMMENDATION: Move to approve the 2020 Annual Calendar DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.D.2. 2020 Kodiak Island Borough Annual Calendar Page 137 of 155 September 1 2 3 4 5 6 8 9 10 11 12 13 14 21 15 16 17 18 19 20 22 23 24 25 26 27 28 29 30 September 1 2 3 4 5 6 8 9 10 11 12 13 14 21 15 16 17 18 19 20 22 23 24 25 26 27 28 29 30 Kodiak Island Borough 2020 Annual Calendar Assembly Meetings March 9 3 4 5 6 7 8 10 11 12 13 14 15 16 23 17 18 19 20 21 22 24 25 21 26 27 28 29 30 July 6 2 4 5 7 8 9 10 11 12 13 20 14 15 16 17 18 19 21 22 23 24 25 26 27 28 29 Sunday Monday Tuesday Wednesday Thursday Friday SaturdaySundayMondayTuesdayWednesdayThursdayFridaySaturday 1 2 3 4 5 7 8 9 10 11 12 13 20 14 15 16 17 18 19 21 22 23 24 25 26 27 28 29 30 11 5 6 7 8 9 12 13 14 15 16 17 18 25 19 20 21 22 23 24 26 27 4 1 2 3 28 29 30 31 1 8 2 3 4 5 6 7 9 10 11 12 13 14 15 22 16 17 18 19 20 23 24 25 26 27 28 29 30 August 10 5 6 7 8 9 11 12 4 14 15 16 17 24 18 19 20 21 22 23 25 26 32 27 28 29 30 31 ` October 12 7 8 9 10 11 13 14 15 16 17 18 19 26 20 21 22 23 24 25 27 28 5 1 2 3 4 29 November 9 3 4 5 6 7 8 10 12 13 14 15 16 23 17 18 19 20 21 22 24 25 21 28 29 30 December 7 1 2 3 4 5 6 8 9 10 11 12 13 14 21 15 16 17 18 19 20 22 23 24 25 26 27 28 29 30 January 12 6 7 8 9 10 11 13 14 15 16 17 18 19 26 20 21 22 23 24 25 27 28 5 1 2 3 4 29 30 P&Z W P&R 31 January 12 6 7 8 9 10 11 13 14 15 16 17 18 19 26 20 21 22 23 24 25 27 28 5 1 2 3 4 29 30 P&Z W P&R 31 31 30 30 31 31 PPE Sunday Monday Tuesday Wednesday Thursday Friday SaturdaySundayMondayTuesdayWednesdayThursdayFridaySaturday Sunday Monday Tuesday Wednesday Thursday Friday Saturday P&Z R 313029 1 1 2 3 4 6 313029 1 2 26 27 28 29 30 31 1 2 3 4 1 1 28 29 30 1 2 3 1272829303126 31 26 1 2 3 4 5 1 2 30 31 6 January 2021 7 2 3 4 6 8 9 10 11 12 13 14 21 15 16 17 18 19 20 22 23 24 25 26 27 28 29 3031 5 New Year’s Day Closed Martin Luther King Day Closed Seward’s Day Closed Memorial Day Closed Thanksgiving Closed Christmas Day Closed R Regular Meeting W Work Session Planning and Zoning Commission P& Z R Regular Meeting Parks and Recreation Committee P&R Regular Meeting E Municipal Election – October 6 Borough is Closed in Observance of: ML King Day Memorial Day Veterans Day New Years Day President’s Day Independence Day Thanksgiving Day Christmas Day Seward’s Day Labor Day Thanksgiving Friday 27 E State Primary – August 18 E Presidental Election – November 3 $ R R W W $ $ PPE February 9 3 4 5 6 7 8 10 11 12 13 14 15 16 23 18 19 20 21 22 24 25 2 1 26 27 P&Z W P&R 28 February 9 3 4 5 6 7 8 10 11 12 13 14 15 16 23 18 19 20 21 22 24 25 2 1 26 27 P&Z W P&R 28 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 29 PPEP&Z R R R W W $ $ 313029272826 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 17 President’s Day Closed PPE $ $ PPE PPE P&Z W P&R P&Z R R R W W June Sunday Monday Tuesday Wednesday Thursday Friday Saturday April Sunday Monday Tuesday Wednesday Thursday Friday Saturday May Sunday Monday Tuesday Wednesday Thursday Friday Saturday 10 P&Z W P&R P&Z R R R W W P&Z W P&Z R R R W WP&R 21 PPE $ $ PPE PPE $ $ PPE PPE P&Z W P&R P&Z R R R W W PPE $ $ PPE Sunday Monday Tuesday Wednesday Thursday Friday SaturdaySundayMondayTuesdayWednesdayThursdayFridaySaturday Sunday Monday Tuesday Wednesday Thursday Friday SaturdaySundayMondayTuesdayWednesdayThursdayFridaySaturdaySundayMondayTuesdayWednesdayThursdayFridaySaturdaySundayMondayTuesdayWednesdayThursdayFridaySaturday Sunday Monday Tuesday Wednesday Thursday Friday SaturdaySundayMondayTuesdayWednesdayThursdayFridaySaturday Sunday Monday Tuesday Wednesday Thursday Friday SaturdaySundayMondayTuesdayWednesdayThursdayFridaySaturday 13 P&Z W P&R P&Z R R R W W P&Z W P&R P&Z R R R W W P&Z W P&R P&Z R R R W W PPE $ $ PPE $ PPE $ PPE $ PPE $ PPE $ P&Z W P&R P&Z R R R W W P&Z R R W P&Z W P&R P&Z R R R W W P&Z W P&R P&Z R R R W W PPE $ PPE $ PPE $ PPE $ PPE $ PPE $ PPE New Elected Training (NEO) / AML Conference Consolidation Committee CC Regular Meeting P& Z W Work Session CC CC CC CC CC CC CC CC CC CC CC CC CC CC CC CC CC CC CC CC CC E E E KIBC 2.30.030 Types of meetings. A. Regular 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. CC CC Thanksgiving Friday Closed 3 1 New Year’s Day Closed $ Observation of Independence Day Closed Veteran’s Day Closed 11 P&R 7 Labor Day Closed AGENDA ITEM #13.D.2. 2020 Kodiak Island Borough Annual Calendar Page 138 of 155 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 5, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Declaring A Seat On The Parks And Recreation Committee Vacant (Mr. Shane Thompson). ORIGINATOR: Clerk's Office Staff RECOMMENDATION: Move to declare a seat on the Parks And Recreation Committee vacant, this seat is currently held by Mr. Shane Thompson and direct the Borough Clerk to advertise the vacancy per Borough Code 2.100.070 Vacancies. DISCUSSION: Clerks Report: The Clerk's Office received notice from Community Development on October 24, 2019 that they are vacating Mr. Thompson's seat due to lack of attendance. Attendance sheet provided by Community Development. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIB Code Chapter 2.100 Boards, Committees, and Commissions2.100.070 Vacancies. A. Other than by expiration of the member’s term, the assembly shall declare a seat vacant when a member: 1. Is physically absent from the municipality for 90 consecutive days unless excused by the board, committee, or commission; 2. Resigns and the resignation is accepted; 3. Is physically or mentally unable to perform the duties of office as determined by two -thirds vote of the board, committee, or commission; 4. Is convicted of a felony or of an offense involving a violation of the oath of office; 5. No longer physically resides in the municipality and the board, committee, or commission by two-thirds vote declares the seat vacant; this subsection does not apply to a member of the board, committee, or commission who forfeits office under AS 29.20.140(a); or 6. Misses three consecutively held regular meetings and is not excused. B. If a member of the board, committee, or commission misses one-half of the meetings held in any year of his or her term in office, each year between January 1st and December 31st, the seat shall be automatically vacated. C. Members may be removed for reasonable cause by the assembly at any time. As used in this section, the term “reasonable cause” shall mean: 1. Any act, or failure to act, whether intentional or negligent, that either exposes the borough to liability for financial loss or has the potential, in the sole discretion of the assembly, to expose the borough to liability for financial loss; or AGENDA ITEM #13.D.3. Declaring A Seat On The Parks And Recreation Committee Vacant (Mr. Shane...Page 139 of 155 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 5, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough 2. Any act, or failure to act, whether intentional or negligent, which obstructs or impedes the functioning of the board, committee, or commission. D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. [Ord. 2008-15 §2, 2008; Ord. 02-16 §5, 2002; Ord. 02-09 §3, 2002; Ord. 98-02 §8, 1998; Ord. 87-29-O §3, 1987. Formerly §2.39.070]. AGENDA ITEM #13.D.3. Declaring A Seat On The Parks And Recreation Committee Vacant (Mr. Shane...Page 140 of 155 Revision Date: 6/27/2019 Revised by: LC PARKS AND RECREATION COMMITTEE KODIAK ISLAND BOROUGH NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Patrick Saltonstall PO Box 1909 Kodiak, AK 99615 2021 (907) 486- 2634 (844) 425- 8844 pgsaltonstall@gmail.com Stephen Paulson 962 Mallard Way Kodiak, AK 99615 2021 (907) 486- 4750 (907) 539- 2077 spaulson@gci.net Eric Linscheid PO Box 316 Kodiak, AK 99615 2021 (907) 539- 6829 ericlinscheid@gmail.com Ben Millstein 523 Leta St. Kodiak, AK 99615 2020 (907) 486- 2537 (907) 942- 3083 bmills@ak.net Shane Thompson 1617 Selief Lane Kodiak, AK 99615 2020 (907) 486- 5744 (619)-850- 2964 aliisurfer@gmail.com VACANT 2020 Paige Simeonoff PO Box 8892 Kodiak, AK 99615 2019 (907) 486- 3281 (907) 942- 4465 funcmastap@hotmail.com NON-VOTING EX-OFFICIOS Assembly Representative Dennis Symmons PO Box 1522 Kodiak, AK 99615 2021 (907) 654- 1045 dennis.symmons@kibassembly.org State Representative Ben Shryock 1400 Abercrombie Dr. Kodiak, AK 99615 (907) 486- 6339 benjamin.shryock@alaska.gov City Parks & Rec. Representative Corey Gronn 315 Maple Ave. Kodiak, AK 99615 (907) 486- 8670 (907) 654- 7559 cgronn@city.kodiak.ak.us School District Representative Ron Bryant 722 Mill Bay Road Kodiak, AK 99615 (907) 539- 1482 rbryant01@kibsd.org Roster continued on the next page…. AGENDA ITEM #13.D.3. Declaring A Seat On The Parks And Recreation Committee Vacant (Mr. Shane...Page 141 of 155 Revision Date: 6/27/2019 Revised by: LC KODIAK ISLAND BOROUGH PARKS AND RECREATION COMMITTEE PARKS AND RECREATION COMMITTEE NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL This committee is governed by Kodiak Island Borough Code 2.120 COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD ROOM 202 KODIAK, AK 99615 CDD DIRECTOR, ERIN WELTY 486-9362 ewelty@kodiakak.us CODE ENFORCEMENT OFFICER, TOM QUASS 486-9364 tquass@kodiakak.us CDD SECRETARY, SHEILA SMITH 486-9363 ssmith@kodiakak.us STAFF: Planning and Zoning Commission Representative Vacant Vacant, Alternate AGENDA ITEM #13.D.3. Declaring A Seat On The Parks And Recreation Committee Vacant (Mr. Shane...Page 142 of 155 AGENDA ITEM #13.D.3.Declaring A Seat On The Parks And Recreation Committee Vacant (Mr. Shane...Page 143 of 155 AGENDA ITEM #13.D.3.Declaring A Seat On The Parks And Recreation Committee Vacant (Mr. Shane...Page 144 of 155 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 5, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Declaring A Seat On The Womens Bay Service Area Board Vacant (Mr. George Lee). ORIGINATOR: Clerk's Office Staff RECOMMENDATION: Move to declare a seat on the Womens Bay Service Area Board vacant, this seat is currently held by Mr. George Lee and direct the Borough Clerk to advertise the vacancy per Borough Code 2.100.070 Vacancies. DISCUSSION: Clerks Report: Clerks Office received notice from the Womens Bay Service Area Board Secretary, Mr.Dave Heuman, that their board chair, Mr. George Lee, has missed over half of the regular and special meetings within the last year, and is no longer residing within the service area to their knowledge. At their last regular meeting of Oct. 3, 2019, the board voted unanimously to remo ve him from office and the board. This was not done with malice, but with understanding of his circumstances, and their desire to return to a fully functioning board with all 7 commissioners in place. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIB Code Chapter 2.100 Boards, Committees, and Commissions2.100.070 Vacancies. A. Other than by expiration of the member’s term, the assembly shall declare a seat vacant when a member: 1. Is physically absent from the municipality for 90 consecutive days u nless excused by the board, committee, or commission; 2. Resigns and the resignation is accepted; 3. Is physically or mentally unable to perform the duties of office as determined by two -thirds vote of the board, committee, or commission; 4. Is convicted of a felony or of an offense involving a violation of the oath of office; 5. No longer physically resides in the municipality and the board, committee, or commission by two-thirds vote declares the seat vacant; this subsection does not apply to a member of the board, committee, or commission who forfeits office under AS 29.20.140(a); or 6. Misses three consecutively held regular meetings and is not excused. B. If a member of the board, committee, or commission misses one-half of the meetings held in any year of his or her term in office, each year between January 1st and December 31st, the seat shall be automatically vacated. C. Members may be removed for reasonable cause by the assembly at any time. As used in this AGENDA ITEM #13.D.4. Declaring A Seat On The Womens Bay Service Area Board Vacant (Mr. George...Page 145 of 155 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 5, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough section, the term “reasonable cause” shall mean: 1. Any act, or failure to act, whether intentional or negligent, that either exposes the borough to liability for financial loss or has the potential, in the sole discretion of the assembly, to expose the borough to liability for financial loss; or 2. Any act, or failure to act, whether intentional or negligent, which obstructs or impedes the functioning of the board, committee, or commission. D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall se t forth the vacancies and any qualifications of members. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. [Ord. 2008-15 §2, 2008; Ord. 02-16 §5, 2002; Ord. 02-09 §3, 2002; Ord. 98-02 §8, 1998; Ord. 87-29-O §3, 1987. Formerly §2.39.070]. AGENDA ITEM #13.D.4. Declaring A Seat On The Womens Bay Service Area Board Vacant (Mr. George...Page 146 of 155 AGENDA ITEM #13.D.4.Declaring A Seat On The Womens Bay Service Area Board Vacant (Mr. George...Page 147 of 155 3 PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. -----Original Message----- From: Dave Heuman <daveheuman@gmail.com> Sent: Monday, October 7, 2019 10:37 AM To: Clerks <Clerks@kodiakak.us> Cc: Chris Windnagle <cdwind2002@yahoo.com>; Jason Chandler <jhcllc@gmail.com>; Billy Ecret (airborne@acsalaska.net) <airborne@acsalaska.net>; John Isadore - Co chair <izzy@acsalaska.net>; Dave Conrad <dconrad@kodiakak.us> Subject: WBSAB vacancy notice Dear Clerks; We have had slowly developing issue over the last 2 years that has now come to an end. Our Chair, George Lee, has missed over half of the regular and special meetings within the last year, and is no longer residing within the service area to my knowledge. At our last regular meeting of Oct. 3, 2019, the board voted unanimously to remove him from office and the board. This was not done with malice, but with understanding of his circumstances, and our desire to return to a fully functioning board with all 7 commissioners in place. So at this time we will need to start the procedure to get another commissioner. Please advise. Dave Heuman, Secretary, WBSAB 907.350.2908 AGENDA ITEM #13.D.4. Declaring A Seat On The Womens Bay Service Area Board Vacant (Mr. George...Page 148 of 155 Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road • Kodiak, Alaska 99615 Phone (907) 486-9210 • Fax (907) 486-9347 Projects Report – October 2019 Page 1 TO: Mayor and Assembly FROM: Matt Gandel, Project Manager/Inspector CC: Michael Powers, Borough Manager Dave Conrad, E/F Director RE: Monthly Projects Report for Period Ending October 31, 2019 BALER BUILDING SEPTIC SYSTEM REPLACEMENT Project Description: This project is for installation of a septic tank and leachfield for the Baler Building. The current septic system does not meet code and needs to be upgraded. Current Status: Jacobs Engineering provided 95% design documents for this project, which were reviewed by the Architectural/Engineering Review Board (ARB) on September 10, 2019. The ARB had some questions on the design and possible alternatives that will be discussed at an ARB meeting on November 5, 2019, prior to the project being put out for public bid. Change Orders this Period: None. BALER BUILDING UNDERGROUND STORAGE TANK REPLACEMENT Project Description: This project includes removal of an existing underground storage tank (UST), removal of contaminated soil due to a leak at the UST, and procurement and installation of a new aboveground tank to provide heating and vehicle fuel for the Baler Building and landfill equipment. Current Status: The UST was removed in September 2018, and approximately 70 cubic yards of contaminated soil was excavated and stockpiled on site. The Alaska Department of Environmental Conservation (ADEC) has indicated that they will allow landfarming of the contaminated soil at the landfill, and staff has provided a work plan currently under review by ADEC. Concurrently staff has received bids and will be requesting Assembly approval of a contract for procurement of a new fuel tank to replace the UST. The new tank is tentatively scheduled to be installed in spring 2020. Change Orders this Period: None. BAYSIDE FIRE DEPARTMENT EXHAUST SYSTEM Project Description: Bayside Fire Department has received a grant for the procurement and installation of a vehicle exhaust system for both garages. Currently exhaust fans activate for 15 minutes when any garage door is opened, but this is inefficient and costly. The new system will connect to the exhaust pipe of each vehicle and activate when the vehicle is turned on, then automatically disconnect when the vehicle exits the garage. Current Status: Rossman Enterprises, Inc. dba Clean Air Concepts (Rossman) is the contractor for this project. New fans and ductwork are completed, and electrical connections and equipment testing are AGENDA ITEM #18.B.1. October Projects Report Page 149 of 155 Projects Report – October 2019 Page 2 nearing completion. A representative from Rossman is scheduled to come do startup and training in early November 2019. Change Orders this Period: None. BAYSIDE FIRE DEPARTMENT EXTERIOR IMPROVEMENTS Project Description: This project is replacement of exterior siding, windows, doors, and roofing at the older portion of Bayside Fire Department. Current Status: Jensen Yorba Wall (JYW) is the architect for this project and completed 95% design documents that were approved by the Fire Protection Area No. 1 Board on October 22, 2019. The design documents will now be reviewed by the Architectural/Engineering Review Board on November 5, 2019. The current schedule is to issue the project for bid in early December 2019, with bids due in January 2020. Change Orders this Period: None. KODIAK FISHERIES RESEARCH CENTER & KODIAK HIGH SCHOOL ELECTRIC BOILERS Project Description: In 2018 KIB entered into joint agreements with Kodiak Electric Association (KEA) and the Kodiak Island Borough School District for interruptible electric service at Kodiak Fisheries Research Center (KFRC) and Kodiak High School (KHS). As part of the agreements KEA will reimburse KIB for the costs to install electric boilers at both buildings and offer a reduced rate for the power to operate the boilers at 90% the cost of fuel oil. KIB has contracted with RSA Engineers to provide design and bid documents for both new boilers. Current Status: Wolverine Supply, Inc. (Wolverine) is the contractor for this project and started excavation for new underground electrical conduits at KFRC on September 30, 2019. During October 2019 Wolverine and their subcontractors started preliminary electrical work at both KFRC and KHS and boiler demolition at KHS. Arrival of the new electric boilers and switchgear is scheduled for late November 2019, and the bulk of mechanical and electrical work is scheduled to occur in November and December 2019. Change Orders this Period: Wolverine Supply, Inc – Contract 2020-03 Change Order 01 - $0 1) Substantial completion date was September 30, 2019, due to the extended contract award process and long lead times for the boilers and disconnects, the date was extended to January 10, 2020. KODIAK FISHERIES RESEARCH CENTER EXTERIOR UPGRADE Project Description: This project is for the upgrade of the siding and roofing at Kodiak Fisheries Research Center (KFRC), including replacement of some doors and windows. Both the siding and roofing are 20 years old and showing signs of deterioration. Current Status: On October 17, 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to start design on this project. JYW will be producing 65% design documents and a detailed construction cost estimate so a decision can be made to replace all the siding and roofing or to focus only on the areas showing the most deterioration. AGENDA ITEM #18.B.1. October Projects Report Page 150 of 155 Projects Report – October 2019 Page 3 Change Orders this Period: Jensen Yorba Wall – Contract 2019-10 Change Order 04 - $51,839.00 (Approved by Assembly on 10/17/19) 1) Provide schematic design and design development documents for the Kodiak Fisheries Research Center Exterior Upgrade project, including professional cost estimate based on design development documents. KODIAK FISHERIES RESEARCH CENTER FIRE ALARM UPGRADE Project Description: This project is for the replacement of the fire alarm panel and devices at Kodiak Fisheries Research Center (KFRC). The system is original to the building’s construction in 1997 and has reached the end of its useful life. Replacement parts are difficult to find, and the panel is no longer supported by the manufacturer. Current Status: Projects Office staff is working with Jensen Yorba Wall (JYW) and RSA Engineers (RSA) for design of this project. The Assembly approved a change order for the design cost at the meeting on October 17, 2019, and JYW and RSA are now starting on design. Change Orders this Period: Jensen Yorba Wall – Contract 2019-10 Change Order 03 - $23,620.00 (Approved by Assembly on 10/17/19) 1) Provide design and construction administration services for the replacing of the fire alarm panel and devices at Kodiak Fisheries Research Center. PROVIDENCE KODIAK ISLAND MEDICAL CENTER FUEL LEAK Project Description: In June 2019 KIB was notified that diesel fuel was present in the storm drain system at Providence Kodiak Island Medical Center (PKIMC). The leak location was discovered to be an underground fuel line serving PKIMC’s generators. The Alaska Department of Environmental Conservation (ADEC) was notified, and absorbent pads and boom were deployed in the storm drains and at Potato Patch Lake to mitigate any possible environmental impacts. Current Status: The leaking line has been abandoned and stripped of remaining fuel, a temporary aboveground tank has been installed to eliminate use of all underground fuel lines, all storm drain manholes have been cleaned out, and KIB received approval from ADEC to remove all the absorbent booms. In mid-September 2019 several monitoring wells were installed to monitor for fuel below ground, and initial sampling done at the time indicates there is no further contamination. At this point the emergency phase of the project is considered complete, and staff is transitioning to the next phase to install a permanent above ground tank (see below). Change Orders this Period: None. PROVIDENCE KODIAK ISLAND MEDICAL CENTER FUEL TANK Project Description: This project is for installation of a new aboveground fuel tank and piping to serve the boilers and generators at Providence Kodiak Island Medical Center. The new tank will replace the temporary tank installed when the underground fuel lines were abandoned. AGENDA ITEM #18.B.1. October Projects Report Page 151 of 155 Projects Report – October 2019 Page 4 Current Status: Staff is working with Jensen Yorba Wall and RSA Engineers for design of this project. The design and sizing for the new tank will be coordinated with PKIMC facility staff as well as the Alaska Department of Environmental Conservation for leak detection appurtenances. Change Orders this Period: None. PROVIDENCE KODIAK ISLAND MEDICAL CENTER RETAINING WALL Project Description: The goal of this project is to repair or replace the large concrete retaining wall behind Providence Kodiak Island Medical Center (PKIMC). The wall has been deteriorating for many years and is currently the number one priority on the Renewal and Replacement list for PKIMC. The first stage in this project is geotechnical investigation to determine the subsurface conditions. That information will be used to complete conceptual design to repair or replace the wall. Current Status: At the end of September 2019 PND Engineers (PND) and Discovery Drilling traveled to Kodiak to drill several bore holes along the existing wall for soil sample analysis. The initial findings are that bedrock is below the bottom of the existing wall, and the soil behind the wall looks has promising stability. A final report from PND with design recommendations is scheduled to be received by the end of November 2019. Change Orders this Period: None. AGENDA ITEM #18.B.1. October Projects Report Page 152 of 155 Original Budget Current Budget Expenses Obligated Remaining Design 35,000$ 35,000$ 26,252$ 748$ 8,000$ Admin 5,000$ 5,000$ 418$ -$ 4,582$ TOTAL 40,000$ 40,000$ 26,670$ 748$ 12,582$ Original Budget Ord 2020-01A Current Budget Expenses Obligated Remaining Design 40,000$ -$ 40,000$ 12,890$ 30,408$ (3,299)$ Construction 40,000$ 40,000$ 80,000$ 21,020$ -$ 58,980$ Admin 10,000$ 20,000$ 30,000$ 2,731$ -$ 27,269$ TOTAL 90,000$ 60,000$ 150,000$ 36,641$ 30,408$ 82,951$ Original Budget Ord 2019-01C Current Budget Expenses Obligated Remaining Design 5,000$ 2,350$ 7,350$ 7,350$ -$ -$ Construction 91,390$ 25,000$ 116,390$ 356$ 115,000$ 1,034$ Admin 3,610$ 5,500$ 9,110$ 9,161$ -$ (51)$ Contingency -$ 7,150$ 7,150$ -$ -$ 7,150$ TOTAL 100,000$ 40,000$ 140,000$ 16,867$ 115,000$ 8,133$ Original Budget Current Budget Expenses Obligated Remaining Design 22,000$ 22,000$ 12,750$ 9,387$ (137)$ Admin 3,000$ 3,000$ 3,231$ -$ (231)$ TOTAL 25,000$ 25,000$ 15,980$ 9,387$ (368)$ Budget and Adjustments Current Budget Status Bayside Fire Department Exhaust System - 19006 Kodiak Island Borough Project Budget Status - Period Ending October 31, 2019 Baler Building Underground Storage Tank Replacement - 18005 Funding: Fund 530 - Solid Waste Collection and Disposal Baler Building Septic System Replacement - 18004 Funding: Fund 530 - Solid Waste Collection and Disposal Funding: FEMA Grant ($87,039), Fire Protection Area No. 1 ($52,961) Bayside Fire Department Exterior Improvements - 19009 Funding: Fire Protection Area No. 1 Project Budget Status Page 1 of 3 AGENDA ITEM #18.B.1.October Projects ReportPage 153 of 155 Budget and Adjustments Current Budget Status Kodiak Island Borough Project Budget Status - Period Ending October 31, 2019 Original Budget Current Budget Expenses Obligated Remaining Design 51,000$ 51,000$ 32,282$ 16,492$ 2,226$ Construction 650,000$ 650,000$ 49,780$ 593,000$ 7,220$ Admin 34,000$ 34,000$ 35,425$ -$ (1,425)$ Contingency 40,000$ 40,000$ -$ -$ 40,000$ TOTAL 775,000$ 775,000$ 117,487$ 609,492$ 48,021$ Original Budget Current Budget Expenses Obligated Remaining Design 75,000$ 75,000$ -$ 51,839$ 23,161$ Admin 25,000$ 25,000$ 1,059$ -$ 23,941$ TOTAL 100,000$ 100,000$ 1,059$ 51,839$ 47,102$ Original Budget Current Budget Expenses Obligated Remaining Design 25,000$ 25,000$ -$ 23,620$ 1,380$ Construction 100,000$ 100,000$ -$ -$ 100,000$ Admin 10,000$ 10,000$ 1,532$ -$ 8,468$ Contingency 15,000$ 15,000$ -$ -$ 15,000$ TOTAL 150,000$ 150,000$ 1,532$ 23,620$ 124,848$ Original Budget Current Budget Expenses Obligated Remaining Design 35,000$ 35,000$ 1,000$ 29,550$ 4,451$ Admin 15,000$ 15,000$ 695$ -$ 14,305$ TOTAL 50,000$ 50,000$ 1,695$ 29,550$ 18,756$ Kodiak Fisheries Research Center Exterior Upgrade - 20004 Kodiak Fisheries Research Center & Kodiak High School Electric Boilers - 19001/19002 Funding: Fund 469 - Renewal & Replacement ($564,000) and Fund 555 - KFRC ($211,000) (Costs will be reimbursed by Kodiak Electric Association) Funding: Fund 495 - Capital Project - Hospital Funding: Fund 555 - KFRC Providence Kodiak Island Medical Center Fuel Tank - 20001 Kodiak Fisheries Research Center Fire Alarm Upgrade - 19004 Funding: Fund 555 - KFRC Project Budget Status Page 2 of 3 AGENDA ITEM #18.B.1.October Projects ReportPage 154 of 155 Budget and Adjustments Current Budget Status Kodiak Island Borough Project Budget Status - Period Ending October 31, 2019 Original Budget Current Budget Expenses Obligated Remaining Design 125,000$ 125,000$ 21,825$ 71,663$ 31,512$ Admin 25,000$ 25,000$ 2,400$ -$ 22,600$ TOTAL 150,000$ 150,000$ 24,225$ 71,663$ 54,112$ Providence Kodiak Island Medical Center Retaining Wall - 20003 Funding: Fund 495 - Capital Project - Hospital Project Budget Status Page 3 of 3 AGENDA ITEM #18.B.1.October Projects ReportPage 155 of 155 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special Date: I Convened: Recessed: Reconvened: Adjourned: BY: BY: BY: BY: BY: SECOND: SECOND: SECOND: SECOND: ! v SECOND: 0 � 9/00 Ito � 2 �W Ci VVV V1 YES NO YES' NO YES NO YES NO YES' QI Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Ms- avanauyhma. K MCI - Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder V101- Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons Mr. Turner Mr. Turner Mr. Turner Mr. Turner mer WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: I I I TOTAL: TOTAL: TOTAL: The mayor may notjote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Roberts I tZI I Mayor Roberts I I I Mayor Roberts I l � Mayor Roberts I I I Mayor Roberts • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. Co] Regular Special Convened: BY: SECOND: V KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: BY: � A I BY: T'✓ SECOND:C% SECOND: YES I NO I s YES I NO Date: cl— Adjourned: BY: SECOND: ck r� A'13 Kp�C SECOND: 5 U11 Mr. Arndt Mr. Arndt Mr. Arndt Mr. Amdt Mr. Arndt Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak ilYFs--t%""eugh gh • ft}�h Nle.-RevaRa6gh Mr. Schroede Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroede Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Mr. Symmons Mr. Symmons Mr. Symmon Mr. Symmons Mesmer LIKE TO CHANG TOTAL: Mr. Symmons Mr. harm WOULD ANYONE LIKE TO TOTAL: TOTAL: CHANGE Mrer THEIR VOTE? WOULD ANYONE TOTAL: `D MF tffrer THEIR VOTE?' TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. --F Roberts Mayor Roberts Mayor Roberts Mayor Roberts I Mayor Roberts I • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special Date: Conven : Recessed: Reconvened: Adjoumed: BY: SECOND: BY: -D \ ) SECOND: S Re BY: �j ic] '- SECOND: l �zp Pn BY: SECOND: ),nj�3 c o r ham, BY: S SECOND: �n (' YES NO ALYES NO YES NO YES NO YES NO Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak M9H*sm ugh h ifts. avnnet gh Ma--14a�cauaugh Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder Ms. Skinner V Ms. Skinner)K V Ms. Skinner V,Ms. Skinner Mr. Symmons Ms. Skinner Mr. Symmons Mr. Symmons Mr. Syrnmon Mr. Symmons M it Mr Jtimbr Amer M�--Ttnrte� Muter' WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE T EIR VOTE?' TOTAL: ` TOTAL: TOTAL:TOTAL: TO=U TAL: vote except in the case where only six members of the assembly are present and there is a threeithree tie vote of the assembly. Mayor Roberts Mayor Roberts I I IMayor Roberts Mayor Roberts The mayor may not Roberts I • Motions required for 213 vote to carry. 7 present requires 5, 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question Majority vote is majority of the membership (quorum). Point of Order and Recess. 4 Regular Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET j Date: [ Recessed: Reconvened: Adjourned: BY: SECOND: BY: .� SECOND: BY: SECOND: BY: f SECOND: 0 � 1 p V1 BY: SECOND: � " YES NO YES YES N.0 YES NO YES Mr. Arndt Mr. Arndt Mr. Arndt Mr. ArndtMr. Arndt Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak ava s. M.. Ms-Kvvamaugh Ms -Ka as gfa Mr. Schroeder Mr. Schroede Mr. Schroeder Mr. Schroeder Mr. Schroeder Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmon Mr. Symmons urn Mr. Tarr(er AArrTuFner MFr4tirner mer OU D ANYONE LIKE TO CHAN E THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: D TOTAL: The mayor may Not vote except in the case where only six members of the assembly are present and there is a threelthree tie vote of the assembly - --F—, Roberts Mayor Roberts Mayor Roberts Mayor Roberts Mayo Roberts • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET 1 Regula Special Date: { Convened: Recessed: Reconvened: Adjourned: - ' BY: J BY: I BY: BY: BY: SECOND: SECOND: SECOND: SECOND: SECOND: V YESNO YES NO YES..No YES. NO YES NO Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Ms-K`wv&Reegh 9Raugta, Ms. Kavana--ogtv,M .-KWWmt jh -Me*f4wauaugh Mr. Schroeder Mr. Schroeder Mr. Schroeder Ms. Skinner Mr. Schroeder Mr. Schroeder Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons �a Il�r�mer M Maf+ier WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. MWo—berts= Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; S present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH Meeting Type: Date: Please PRINT your name legibly Please PRINT your name legibly Kodiak Island Borough Assembly Regular Meeting Guidelines December 5, 2019, 6:30 p.m., Borough Assembly Chambers PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate, INVOCATION Major Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Roberts. 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 members Kavanaugh and Turner who are absent due to personal leave. 4, APPROVAL OF AGENDA AND CONSENT AGENDA Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION 5. APPROVAL OF MINUTES Regular Meeting Minutes Of November 7, 2019, 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 PLEASE ANNOUNCE THAT THIS IS FOR GENERAL COMMENTS ONLY AND COMMENTS FOR: State Of Alaska Alcohol And Marijuana Control Office Liquor License Location Transfer Application (EI Chicano Inc.) WILL BE TAKEN UNDER PUBLIC HEARING. 7, AWARDS AND PRESENTATIONS S. COMMITTEE REPORTS Kodiak Island Borough Assembly Guidelines December 5, 2019 Page 1 9. PUBLIC HEARING A. State Of Alaska Alcohol And Marijuana Control Office Liquor License Location Transfer Application (EI Chicano Inc.) Recommended Motion: Move to voice non -protest to the State Of Alaska Alcohol And Marijuana Control Office Liquor License Location Transfer Application (El Chicano Inc.) License Number 3299. Staff Report —Clerk Welinsky. Open public hearing. Read phone number: Local is 486-3231; Tall 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 MOTION 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Reorganization of the Kodiak Island Borough Assembly 1. Election of the Deputy Presiding Officer Recommended Motion: Move to nominate as Deputy Presiding Officer. Cleks Note: A majority vote is required for the election. If there are not 4 votes for a candidate the Recommended Motion Would Be: Move to postpone the election of the Deputy Presiding Officer until the next regular meeting of the Assembly on December 19, 2099. Staff Report- Clerk Weiinsky Assembly discussion. ROLL CALL VOTE ON MOTION. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2020-09 Baler Building Fuel Tank Procurement. Recommended Motion: Move to authorize the manager to execute Contract No. FY2020-09. Staff Report — Manager Powers. Kodiak Island Borough Assembly Guidelines December 5, 2019 Page 2 Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Contract No. FY2020-08 Agreement for Lobbying Services with Hickey & Associates. Recommended Motion: Move to authorize the manager to execute Contract No. FY2020-08. Staff Report —Manager Powers. Assembly discussion ROLL CALL VOTE ON MOTION. 3. Change Order No. 4 Amending Contract FY2018-28 Architectural and Engineering Services Term Contract for the Providence Kodiak Island Medical Center Structural Analysis and Project List Development. Recommended Motion: Move to authorize the manager to execute Change Order No. 4 Amending Contract FY2018-28. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. 4. Contract No. FY2020-13 Sole Source Agreement for Replacement of Sprinkler Piping at KFRC Tower Recommended Motion: Move to authorize the manager to execute Contract No. FY2020-13. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions 1. Resolution Resolution No. FY2020-02A; Fee Schedule Amendment - Animal Impoundment Fees. Recommended Motion: Move to adopt Resolution No. FY2020-02A; Fee Schedule Amendment - Animal Impoundment Fees. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines December 5, 2019 Page 3 2. Resolution FY2020-16 Adopting An Alternative Allocation Method For The FY20 Shared Fisheries Business Tax Program And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In FMA 13: Kodiak Area. Recommended Motion: Move to adopt Resolution FY2020-16 Adopting An Alternative Allocation Method For The FY20 Shared Fisheries Business Tax Program And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In FMA 13: Kodiak Area. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2020-11 Write-off of Noncollectable Personal Property and Vessel Delinquent Tax Accounts. Recommended Motion: Move to advance Ordinance No. FY2020-11 to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.10.120 Facilities Fund. Recommended Motion: Move to advance Ordinance No. FY2020-13 to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Ordinance FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.10.030 Permissible Investments And Chapter 3.10.120 Facilities Fund. Recommended Motion: Move to advance Ordinance No. FY2020-13 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 December 5, 2019 Page 4 D. Other Items 1. Releasing The Memo Regarding The Process For Loans Or Grants From The Facilities Fund From The Borough Attorney. Recommended Motion: Move to authorize the release of the memo regarding the process for loans or grants from the facilities fund from the Borough Attorney. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. 2. 2020 Kodiak Island Borough Annual Calendar. Recommended Motion: Move to approve the 2020 Kodiak Island Borough Annual Calendar. Assembly discussion. ROLL CALL VOTE ON MOTION 3. Declaring A Seat On The Parks And Recreation Committee Vacant (Mr. Shane Thompson). Recommended Motion: Move to declare the seat held by Mr. Shane Thompson on the Parks And Recreation Committee vacant, and direct the Clerk to advertise the vacancies per Borough Code. Staff Report — Assistant Clerk Cruz Assembly discussion. ROLL CALL VOTE ON MOTION. 4. Declaring A Seat On The Womens Bay Service Area Board Vacant (Mr. George Lee). Recommended Motion: Move to declare the seat held by Mr. George Lee on the Womens Bay Service Area Board vacant, and direct the Clerk to advertise the vacancies per Borough Code. Staff Report — Assistant Clerk Cruz Assembly discussion. 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 Kodiak Island Borough Assembly Guidelines December 5, 2019 Page 5 16. Announcements: • There will be a Joint Work Session with the City of Kodiak on Wednesday December 11, 2019, at 7:30 p.m. in the Library Multipurpose Room. • The next Assembly work session is scheduled for Thursday, December 12, 2019, at 6:30 p.m, in the School District Conference Room • The next regular meeting of the Assembly is scheduled on Thursday, December 19, 2019, at 6:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION A. Matters Involving Negotiations With the IBEW. Recommended motion: Move to convene into executive session under the authority of KIBC 2.30.030(F)(1 )(d) for the purpose of confidential communications with, and providing direction to, the Borough's representative regarding labor negotiations with the IBEW. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the the Mayor, Assembly, Borough Manager, Finance Director, and Clerk into Executive Session. VOICE VOTE ON MOTION. After the vote, Mayor Roberts recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Roberts reconvenes the regular meeting and announces: • 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 THAT MAY HAVE RESULTED FROM THE EXECUTIVE SESSION. 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 ma'ori 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 5, 2019 Page 6 KFRC Sprinkler Repair ME NAM, AL.. SPRINKLER LINE FILTER ROOM PIPING �All:- � a� a - /./ � 'r Q'�{ ��Tr L�Jk��`r 14��j#�.`!.� 7i�Tuk`ciis01CTI1M'3 'ItVll�iai' tr1�'.}0)iiai+J`% [Lf.! goo, 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. FY2020, No. 45 December 6, 2019 At Its Regular Meeting Of December 5, 2019, The Kodiak Island Borough Assembly Took The Following Actions: VOICED NON-PROTEST To State Of Alaska Alcohol And Marijuana Control Office Liquor License Location Transfer Application (El Chicano Inc.) License Number 3299. POSTPONED Election Of The Deputy Presiding Officer To The Next Regular Meeting Of The Assembly of December 19, 2019. AUTHORIZED The Manager To Execute Contract No. FY2020-09 Baler Building Fuel Tank Procurement. AUTHORIZED The Manager To Execute Contract No. FY2020-08 Agreement For Lobbying Services With Hickey & Associates. AUTHORIZED The Manager To Execute Change Order No. 4 Amending Contract FY2018-28 Architectural And Engineering Services Term Contract For The Providence Kodiak Island Medical Center Structural Analysis And Project List Development. AUTHORIZED The Manager To Execute Contract No. FY2020-13 Sole Source Agreement For Replacement Of Sprinkler Piping At KFRC Tower. ADOPTED Resolution No. FY2020-02A; Fee Schedule Amendment - Animal Impoundment Fees. ADOPTED Resolution FY2020-16 Adopting An Alternative Allocation Method For The FY20 Shared Fisheries Business Tax Program And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In FMA 13: Kodiak Area. ADVANCED Ordinance No. FY2020-11 Write-Off Of Non-Collectable Personal Property And Vessel Delinquent Tax Accounts To The Next Regular Meeting Of The Assembly of December 19, 2019. ADVANCED Ordinance No. FY2020-13 Amending Title 3 Revenue And Finance Chapter 3.10.120 Facilities Fund To The Next Regular Meeting Of The Assembly of December 19, 2019. POSTPONED Ordinance No. FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.10.030 Permissible Investments And Chapter 3.10.120 Facilities Fund To The Regular Meeting Of February 6, 2019. AUTHORIZED The Release Of The Memo Regarding The Process For Loans Or Grants From The Facilities Fund From The Borough Attorney. APPROVED The 2020 Kodiak Island Borough Annual Calendar. View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough DECLARED The Seat Held By Mr. Shane Thompson On The Parks And Recreation Committee Vacant, And Direct The Clerk To Advertise The Vacancies Per Borough Code. DECLARED The Seat Held By Mr. George Lee On The Womens Bay Service Area Board Vacant, And Direct The Clerk To Advertise The Vacancies Per Borough Code. FAILED TO CONVENE Into Executive Session For The Purpose Of Confidential Communications With, And Providing Direction To, The Borough's Representative Regarding Labor Negotiations With The IBEW.