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2020-08-06 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, August 6, 2020, 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 7 - 22 A. *Regular Meeting Minutes Of July 16, 2020. July 16, 2020 Regular Meeting Minutes 6. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) Local 907-486-3231 or Toll Free 1-855-492-9202. This is for general comments only. For items under public hearing call in at that time. 7. AWARDS AND PRESENTATIONS 23 - 53 A. Chief Rue II - Year End Report Bayside Fire Department - 2019 Annual Report 54 B. Assessing, Process of Exemptions - Seema Garoutte How To Appeal A Tax Assessment 8. COMMITTEE REPORTS 9. PUBLIC HEARING Page 1 of 350 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 55 - 66 A. Ordinance No. FY2021-03 Determining The Disposition Of Tax Year 2010 Foreclosed Property KIB/Hardy Hofstad Etal And Establishing Intention To Surplus And Sell Said Property By Finding That A Public Need Does Not Exist For the Property And Authorizing The Property For Immediate Disposal. Complete Binder for Ordinance No. FY2021-03 - Pdf 67 - 80 B. Ordinance No. FY2021-04 Determining The Disposition Of Tax Year 2012 Foreclosed Properties KIB/Marjorie Anderson, and KIB/Alfred Hansen Jr. And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. Complete Binder for Ordinance No. FY2021-04 - Pdf 81 - 94 C. Ordinance No. FY2021-05 Determining The Disposition Of Tax Year 2014 Foreclosed Properties KIB/Edwina Mae Anderson, And KIB/Charles F. Lorenson, Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. Complete Binder for Ordinance No. FY2021-05 - Pdf 95 - 110 D. Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 Foreclosed Properties KIB/ Joseph David Henderson Etal, (Two Properties) KIB/Joan Denise Lucas, KIB/Lydia Tania - Bird Malutin, And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. Complete Binder for Ordinance No. FY2021-06 - Pdf 111 - 124 E. Ordinance No. FY2021-07 Determining The Disposition Of Tax Year 2015 Foreclosed Property KIB/Ada L. And Susan K. Panamarioff, And Establishing Intention To Surplus And Sell Said Property By Finding That A Public Need Does Not Exist For The Property And Authorizing The Property For Immediate Disposal. Complete Binder for Ordinance No. FY2021-07 - Pdf 125 - 142 F. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 Foreclosed Properties KIB/James Clifford Cole Trust, KIB/Kimberly Edman, KIB/ Dale Stratton, And KIB/John Wick (Two Properties) And Establishing Intention To Surplus And Sell Page 2 of 350 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 Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. Complete Binder for Ordinance No. FY2021-08 - Pdf 143 - 156 G. Ordinance No. FY2021-09 Determining The Disposition Of Tax Year 2017 Foreclosed Properties KIB/Ronald Eads And KIB/Charles Nellist And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. Complete Binder for Ordinance No. FY2021-09 - Pdf 157 - 164 H. Ordinance No. FY2021-12 Of The Assembly Of The Kodiak Island Borough Amending KIBC Title 3 Revenue And Finance, Chapter 3.80 Excise Tax On Cigarettes And Tobacco Products Section .020 Definitions and Section .030 Excise Tax On Cigarettes And Tobacco Products. Complete Binder For Ordinance No. FY2021-12 - Pdf 165 - 172 I. Ordinance No. FY2021-13 Adding A Ballot Proposition At The Next Regular Municipal Election To Be Held On October 6, 2020. Complete Binder For Ordinance No. FY2021-13 - Pdf 10. BOROUGH MANAGER'S REPORT 173 A. Borough Manager's Report For August 6, 2020 2020-08-06 Manager's Report 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 174 - 176 A. Ordinance No. FY2021-14 Assembly Of The Kodiak Island Borough Appropriating $---- For Purposes Of Advocating In Favor Of A Ballot Proposition At The October 6, 2020 Regular Municipal Election. Complete Binder For Ordinance No. FY2021-14 - Pdf 13. NEW BUSINESS 13.A. Contracts Contract No. FY2021-05 Providence Kodiak Island Page 3 of 350 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 177 - 200 1. Medical Center & Baler Building Fuel Tank Installation. Complete Binder For Contract No. FY2021-05 - Pdf 201 - 210 2. Change Order No.10 Amending Contract No. FY2019-10 Architectural And Engineering Services Term Contract For Design For The Kodiak Fisheries Research Center Fume Hood Exhaust System Project. Complete Binder For Contract No. FY2019-10, Change Order No. 10 - Pdf 13.B. Resolutions 211 - 243 1. Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus Emergency Supplemental Funds For Local Public Safety Agency Grant. Complete Binder For Resolution No. FY2021-08 - Pdf 244 - 246 2. Resolution No. FY2021-11 Establishing By Mail Precincts. Complete Binder For Resolution No. FY2021-11 - Pdf 247 - 279 3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Revenue Bond To Refund All Or A Portion Of The Principal Installments Of The Outstanding Long-Term Care Center Revenue Bond, Series 2013 (Providence Kodiak Island Medical Center), Of The Borough And To Pay Costs Of Issuing The Bond; Fixing Certain Details Of Such Bond; Authorizing Its Sale; Providing For Related Matters; And Repealing Resolution No. FY2020-07 Complete Binder For Resolution No. FY2021-13 - Pdf 280 - 287 4. Resolution No. FY2021-14 A Resolution Of The Assembly Of The Kodiak Island Borough Approving A Memorandum Of Understanding With The City Of Kodiak To Outline Records Management Responsibilities For The Emergency Operations Center (EOC) And Establish A Joint Records Retention Schedule For The Emergency Operations Center. Complete Binder for EOC Records - Pdf 13.C. Ordinances for Introduction 288 - 314 1. Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2021 Budget, By Amending Budgets To Account For Federal CARES (Coronavirus Page 4 of 350 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 Aid, Relief, And Economic Security) Act Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. Complete Binder for Ordinance No. FY2021-01C - Pdf 315 - 318 2. Ordinance No. FY2020-01D Amending Ordinance No. FY2020-01, Fiscal Year 2020 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. Complete Binder For Ordinance No. FY2020-01C - Pdf 319 - 335 3. Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 – Rural Residential Two District To C – Conservation District (P&Z Case No. 20-007). Complete Binder for Ordinance No. FY2021-15 - Pdf 13.D. Other Items 336 - 347 1. Acceptance Of Proposal To Prepare A Kodiak Island Borough Economic Profile And Pandemic Impact Analysis With Authorization For The Borough Manager To Execute Agreements. Complete Binder for Proposal - Pdf KIB Letter to White House Office of Intergovernmental Affairs RE: Additional COVID-19 Relief KIB Letter to Senator Lisa Murkowski RE: Additional COVID-19 Relief KIB Letter to Senator Dan Sullivan RE: Additional COVID- 19 Relief KIB Letter to Congressman Don Young RE: Additional COVID-19 Relief 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) 17.A. Minutes of Other Meetings Page 5 of 350 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 348 - 350 1. Solid Waste Advisory Board Regular Meeting Minutes of June 22, 2020 17.B. Reports Page 6 of 350 Kodiak Island Borough July 16, 2020 Assembly Regular Meeting Minutes Page 1 of 16 KODIAK ISLAND BOROUGH Assembly Regular Meeting July 16, 2020 A regular meeting of the Kodiak Island Borough Assembly was held on July 16, 2020 in the Assembly Chambers of the Kodiak Island Borough, 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, Julie Kavanaugh, Andy Schroeder, Rebecca Skinner, Duane Dvorak, and Dennis Symmons. Also present were Borough Manager Michael Powers, Borough Clerk Alise Rice, and Acting Deputy Clerk Lina Cruz. ARNDT moved to excuse Assembly member Turner who was absent due to a work-related matter. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*)are considered to be routine and non-controversial. ARNDT moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES • *Special Meeting Minutes of June 18, 2020. • *Regular Meeting Minutes of June 18, 2020. • *Confirmation Of Mayoral Appointment To The Womens Bay Service Area Board (Mr. Gregory Egle). • *Letter of Support for Cook Inlet Regional Citizens Advisory Council Recertification Application. Docket Number USCG-2020-0188. • *Letter of Support Alaska Municipal League. CITIZENS’ COMMENTS The following spoke under citizens’ comments: • Kris Lynch • Jessie Marlow • Howard Rue • Kerri Shackle • Julie Cain-Hill • Justin Thran • Betty McTavish • Patricia Gibbs AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 16, 2020.Page 7 of 350 Kodiak Island Borough July 16, 2020 Assembly Regular Meeting Minutes Page 2 of 16 • Dan Rohrer • Ben Milstein • Sara Phillips • Hayley Thompson • Amy Williams • Maggie Rocheleau • John Whiddon • Annie Thomas • Heather Peterson • Nia Maile • Jeff Nye • Velma Vining • Rebecca Ligtenberg • Yvonne Mullen • Tabatha Stewart • Cindy Hardy AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS • Assembly member Kavanaugh reported that the Consolidation Committee has begun comparing City and Borough budgets. She will give a update to the City Council at their work session on July 23, 2020. PUBLIC HEARING 1. Ordinance No. FY2021-01A Budget Amendment Adding Money To The Education Support Fund. This ordinance was advanced to public hearing at the regular meeting of June 18, 2020. ARNDT moved to adopt Ordinance No. FY2021-01A. Mayor Roberts opened the public hearing. Hearing none and seeing none. Mayor Roberts closed the public hearing. ARNDT moved to amend line 39 Section 2. ROLL CALL VOTE ON MOTION TO AMEND LINE 39 SECTION 2 FAILED THREE TO FOUR: Kavanaugh, Schroeder, and Arndt (AYES); Dvorak, Skinner, Symmons (NOES). Mayor Roberts broke the tie and voted in opposition of the motion. AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 16, 2020.Page 8 of 350 Kodiak Island Borough July 16, 2020 Assembly Regular Meeting Minutes Page 3 of 16 ROLL CALL VOTE ON THE MAIN MOTION FAILED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, and Symmons. 2. Ordinance No. FY2021-10 Rescinding A Prohibition on Edible Marijuana Products. DVORAK moved to adopt Ordinance No. FY2021-10. On March 12, 2020 the City of Kodiak rescinded its prohibition on marijuana edibles. This action puts permitted marijuana businesses located in the Kodiak Island Borough (outside of the City of Kodiak jurisdiction) at a distinct disadvantage. Customers can easily drive to the City of Kodiak to find these products. Thereby making the situation unfair for permitted marijuana businesses in the borough, while also making those businesses less competitive. In order to address the perceived inequality between city and borough marijuana businesses, an ordinance amendment is needed to amend the borough marijuana rules by striking the prohibition on marijuana edibles, in order to be substantially consistent with those of the City of Kodiak. Mayor Roberts opened the public hearing. CITIZENS' COMMENTS The following spoke under citizens’ comments: • John Whiddon • Joseph Griskonis • Jeff Nye Mayor Roberts closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO THREE: Schroeder, Symmons, and Dvorak (AYES); Kavanaugh, Skinner, and Arndt (NOES). Mayor Roberts broke the tie and voted in favor of the motion. Mayor Roberts recessed the meeting at 8:10 p.m. Mayor Roberts reconvened the meeting at 8:18 p.m. 3. Ordinance No. FY2021-11 An Ordinance of The Assembly of The Kodiak Island Borough Amending Portions Of Title 7 Of The Kodiak Island Borough Code Providing For By Mail Voting At The Regular Municipal Election And Allowing Modification Of Election To Address Public Health Concerns. ARNDT moved to adopt Ordinance No. FY2021-11 Version 2. This ordinance will amend Title 7, Elections, in several sections. The goal of these changes are to allow the Clerk to deviate from traditional election processes when emergency events arise and make it impractical or difficult for voters to safely vote in a traditional manner or at traditional polling sites. AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 16, 2020.Page 9 of 350 Kodiak Island Borough July 16, 2020 Assembly Regular Meeting Minutes Page 4 of 16 With the current pandemic, there is great concern for personal safety. By social distancing and using the recommendations from the Emergency Operations Center (EOC) and the CDC we can encourage and assist voters to still exercise their right to vote. Certain unforeseeable circumstances, such as COVID-19 could severely impede the process of a timely and successful election. By adding early voting and establishing ballot by-mail precincts contact between voters and election workers can be minimized. A significant number of people may not have the opportunity to vote on the day of an election if the Assembly does not take immediate action. This ordinance will establish early voting to be conducted 21 days before an election and will require approval of the Assembly by resolution up to 45 days before an election. Designating "ballot by-mail precincts" in precincts that resulted in less than 100 voters during the previous election will assist in minimizing contact with each other and encourage social distancing practices. This would be of great benefit not only our dedicated election workers but for our valued voters as well. This Ordinance will also allow the Clerk to authorize participants from the Youth Vote Ambassador Program to serve on an election board or as election officials to assist in the election processes. These workers would be supervised by the precinct chair. Historically the Clerk’s Office has employed the same election workers throughout the years. These valued workers have assisted in conducting successful elections. However, they are in an older age group which puts them at a higher health risk. With the current Pandemic, many of them might refrain from participating unless public contact is minimized. Mayor Roberts opened the public hearing. Hearing none and seeing none. Mayor Roberts closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons, Arndt, Dvorak, and Kavanaugh. BOROUGH MANAGER’S REPORT Manager Powers reported on the following: • Covid-19 • New cases of COVID-19 have been reported. The total case count is 16 as of 7:30 a.m. • The City of Kodiak will be assisting in staffing the front reception desk. The costs we be shared by the City and the Borough beginning on June 25th. • Discussed with federal lobbyists and others about the potential for another round of stimulus monies from the Federal government. This would be to individuals, businesses, and the local government. The Senate reconvenes on July 20th. AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 16, 2020.Page 10 of 350 Kodiak Island Borough July 16, 2020 Assembly Regular Meeting Minutes Page 5 of 16 • Cities, counties and states are facing a $17 billion dollar decline in transient occupancy tax. This is only hotel taxes, and does not include other declines in tourism dollars. Kodiak is also expected to have a significant decrease. • Attended weekly Emergency Service Council meetings. Discussed people taking off masks at airport after arrival while waiting for and picking up baggage; use of masks to “slow the spread” and businesses promoting the use of masks. • The Alaska Municipal League Summer Conference will be held electronically this year. • Promulgated revised travel, employee and meeting protocols for Borough employees. • Met with Jim Calvin, McDowell Group, to discuss a proposal to provide an economic analysis of the Kodiak Economy as impacted by COVID19. The work will include an update the 2016 fisheries economic analysis and looking at the other sectors of the economy related to the impacts we have seen from COVID19. Due to timing and previous work by McDowell, this will be a sole source contract. • EOC is returning to its space at the Police Department, COVID-19 care is moving into the hospital, and drive up testing will be relocated. • Schools will be cleared out for COVID-19 preparations to allow for reopening. • Attended the ‘Find the Poster’ contest award ceremony. A new bicycle was awarded to the winner. • Prepared memorandum response for a grievance. • Reviewed the KIB Fee Schedule and United Minor Offenses Table (UMOT) processes with the Borough Attorney and staff including submission to the State of Alaska • Reviewed Wells Fargo Retirement and Trust Division by Principal Financial Group, we use them for our investments. • Received and followed up on complaints regarding Borough residents being charged sales tax on mail order purchases. In a couple of cases, the recipients had post office boxes inside of the city limits but most were located in the Borough. Contacted the Alaska Municipal League sales tax office for assistance. • Met with staff and contractor regarding the “landfarming” of contaminant • Prepared memorandum response on Grievance. • Reviewed Fee Schedule and UMOT process with the Borough Attorney and Staff including submission to the State of Alaska. • Reviewed purchase of Wells Fargo Retirement and Trust Division by Principal Financial Group. We use them for our investments. • Received and followed up on complaints regarding Borough residents being charged sales tax on mail order purchases. • Met with staff and contractor regarding the “landfarming” of contaminated soil at the Long- Term Care Center, reviewed options and soil conditions. • Received calls and met with staff in regard to the new solid waste collection contract. • Met with interim CEO for Providence. • Will be out of the of July 22 through July 24 and returning to work on July 27. AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 16, 2020.Page 11 of 350 Kodiak Island Borough July 16, 2020 Assembly Regular Meeting Minutes Page 6 of 16 MESSAGES FROM THE BOROUGH MAYOR • Mayor Roberts welcomed new reporter for the Kodiak Daily Mirror, Andrew Kenneson. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Change Order No. 05 Amending Contract No. FY2018-28 Architectural and Engineering Services Term Contract For The Providence Kodiak Island Medical Center Retaining Wall Repair Project. DVORAK moved to authorize the Borough Manager to execute Change Order No. 05, amending Contract No. FY2018-28 with Jensen Yorba Wall, Inc. in an amount not to exceed $112,491. This is a change order to the Borough's term contract with Jensen Yorba Wall (JYW) to include design, bidding, and construction administration services for the Providence Kodiak Island Medical Center (PKIMC) Retaining Wall project. The design phase of this change order will include providing bid documents to describe the repair of the existing deteriorating wall portions and overlay of the entire wall with concrete. An item will be included on a future budget ordinance to transfer additional funds to this project for this design cost. The cost for this change is not to exceed $112,491. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Arndt, Dvorak, Kavanaugh, and Schroeder. 2. Change Order No. 06 Amending Contract No. FY2018-28 Architectural And Engineering Services Term Contract For The Providence Kodiak Island Medical Center Fire Alarm Replacement Project. ARNDT moved to authorize the Borough Manager to execute Change Order No. 06 amending Contract No. FY2018-28 with Jensen Yorba Wall, Inc. in an amount not to exceed $70,195. This is a change order to the Borough's term contract with Jensen Yorba Wall (JYW) to include design, bidding, and construction administration services for the Providence Kodiak Island Medical Center (PKIMC) Fire Alarm Replacement project. The scope of work for the project includes replacement of the fire alarm panel and devices as well as replacement of fire/smoke dampers. The bulk of the work will take place in the 1997 portion of the facility, since the future plans for the 1968 and 1975 portions are a current topic of discussion. Some work in the older portions will be required but will be limited to the minimum upgrades required to meet current codes. The design phase of this change order will include design submittals at the 65% and 95% stage, with a construction cost estimate provided at 65%. The bid phase will be to provide AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 16, 2020.Page 12 of 350 Kodiak Island Borough July 16, 2020 Assembly Regular Meeting Minutes Page 7 of 16 assistance with questions during the bidding process, and construction administration will be review of submitted designs, answering contractor questions, and site inspections during construction. An item will be included on a future budget ordinance to transfer funds to this project for this design cost. The cost for this change is not to exceed $70,195. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Arndt, Dvorak, Kavanaugh, Schroeder, and Skinner. 3. Contract No. FY2021-01 Awarding Recycling Collection and Processing. ARNDT moved to authorize the Borough Manager to award Contract No. 2021-01 to Threshold Services Inc. in the amount of $297,355 for the collection and processing of recyclable materials within the Kodiak Island Borough. This contract is for a one-year period with 4 one-year extension options. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Arndt, Dvorak, Kavanaugh, and Schroeder (AYES); Skinner and Symmons (NOES). 4. Contract No. FY2021-02 With Island Trails Network For The Saltery Cove Trail System Access And Improvements Project. DVORAK moved to approve Contract No. FY2021-02. This is a sole source contract with Island Trails Network (ITN) not for the Saltery Cove Trail System Access and Improvements Project. Money from this project is coming from an Alaska Department of Fish and Game grant for hunter access protection. That grant, F20AF00256, was accepted by the Assembly at their June 18, 2020 regular meeting. The contract payment to ITN is not to exceed $330,340.00 over the life of the project, which will run from the execution of this contract (presumably July 2020) through December 2023. The contract work includes surveying of the trail for application of state easements, application of said easements, design of trail improvements and implementation of improvements. ITN proposes to provide the entire 25% match for this grant through a cash donation of $20,000.00, in-kind match of volunteer labor equaling $48,578.82 and in-kind equipment donation equaling $52,061.18. Total match being contributed by ITN is $120,640.00. Due to the grant match requirements and ITN's ability to provide that match, as well as the specialized nature of the trail design and improvements, a sole source contract was justified. The contract has been thoroughly reviewed by the KIB attorney and meets his specifications. Clerk’s Note: Assembly member Schroeder recused himself due to conflict of interest. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Skinner, Symmons, and Arndt. AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 16, 2020.Page 13 of 350 Kodiak Island Borough July 16, 2020 Assembly Regular Meeting Minutes Page 8 of 16 Resolutions 1. Resolution No. FY2021-04 Approving Fiscal Year 2021 Kodiak Island Borough Nonprofit Funding. DVORAK moved to approve Resolution No. FY2021-04 Nonprofit Funding for Fiscal Year 2021. This ordinance establishes the Borough's findings that a public need does not exist for the properties and classifies it as surplus. KIB Planning and Zoning Resolution No. FY2020-04 shows there is no public need for these properties. As surplus property, these properties could be made available for sale by the assembly at a later date. The properties were acquired by the Borough on October 29, 2014 through the tax year 2012 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. KAVANAUGH moved to amend the main motion by substitution of Version JK. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION OF VERSION JK FAILED THREE TO FOUR: Skinner, Symmons, and Kavanaugh (AYES); Schroeder, Arndt, and Dvorak (NOES). Mayor Roberts broke the tie and voted in opposition of the motion. ARNDT moved to amend the main motion by substitution with Version TA. SKINNER moved to amend the amendment to the main motion to remove $4,000 from Kodiak History Museum and move it to Kodiak Rodeo, reduce KMXT to $4,000, fund St Paul for $1200, and $2,800 into KAMP. ROLL CALL VOTE ON MOTION TO AMEND THE AMENDMENT TO THE MAIN MOTION CARRIED UNANIMOUSLY: Symmons, Arndt, Dvorak, Kavanaugh, Schroeder, and Skinner. ROLL CALL VOTE ON MOTION TO AMEND THE MAIN MOTION BY SUBSTITUTION OF VERSION TA CARRIED UNANIMOUSLY: Skinner, Symmons, Arndt, Dvorak, Kavanaugh, and Schroeder. Mayor Roberts recessed the meeting at 9:55 p.m. Mayor Roberts reconvened the meeting at 10:00 p.m. 2. Resolution No. FY2021-07 Spending Plan For CARES Funding. KAVANAUGH moved to review and adopt the proposed spending plan for CARES funding and provide direction to the staff for future approval by the assembly. The Borough is entitled to receive $5,792,501 of CARES funding through the State of Alaska. The funds are to be used for COVID19 related expenses and can include grants to other entities (businesses and non-profits) for losses of income, but we are not permitted to use the money for our own losses. To date, we have received $4,836,893. The federal legislation that provided the AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 16, 2020.Page 14 of 350 Kodiak Island Borough July 16, 2020 Assembly Regular Meeting Minutes Page 9 of 16 funding included direction for the Treasury Department to draft guidance applicable to the expenditure and reporting of expenses. Updates to the guidance providing by the Department of Treasury continue to be received, the latest (June 30, 2020) appears to provide some flexibility in actually paying for expenses, not incurring them, after December 30, 2020. We anticipate additional guidance will be forthcoming. In light of the funding available, staff has reviewed our needs, looked at needs within the community and examined what other entities are expending funds on to meet the requirements. Below, is a draft for discussion purposes of potential expenditures: • $1.2M Borough - Physical improvements to building, staff time, leave time, elections, PPE and related supplies, reserve. • $1.0M Non-profits - Losses of income, physical improvements, materials related to their mission, PPE and related supplies. • $1.57M School District - Physical improvement, barriers, custodial staffing, PPE and supplies, distance learning, loss of revenue. • $1.0M Kodiak Economic Development Corporation- Business grant program (Covid 19 impacts and loss of revenue). • $1.0M Reserved - Held for additional requests, unknow Fall impacts. The Borough expenses including staffing costs (including the EOC, which might be reimbursed through FEMA disaster), various material supplies used so far as well as future expenses, materials and supplies for the elections, a leave bank in case of an outbreak amongst Staff, and a small reserve for unknown needs. The non-profits have been contacted and requested to submit eligible expenditures but that submission does not end until July 10, 2020. Staff will update the potential amount at that time. The KIBSD has submitted a draft proposal that they are continuing to refine. Their request is attached. The Kodiak EDC has requested funding of $1.0M for a second round of funding to businesses to offset losses. Reserve-At this time, it is unknown what future conditions will be and what needs are anticipated, so it is prudent to hold funds for a few months to better evaluate the local conditions and needs and having funding available to meet those needs. All of the potential costs are generally unknowns at this point and both KIB and KIBSD staff are working to define costs. Staff is requesting general agreement and approval of the funding so that additional work can proceed on further defining costs and operational aspects of all of the entities involved. SKINNER moved to extend the meeting to 11:00 p.m. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Schroeder, Skinner, Symmons, and Arndt. AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 16, 2020.Page 15 of 350 Kodiak Island Borough July 16, 2020 Assembly Regular Meeting Minutes Page 10 of 16 ARNDT moved to amend the main motion by reducing nonprofits by $500,000 and add it to reserves. ROLL CALL VOTE ON MOTION TO AMEND THE MAIN MOTION BY REDUCING NONPROFITS BY $500,000 CARRIED FOUR TO TWO: Skinner, Symmons, Arndt, and Dvorak (AYES); Kavanaugh and Schroeder (NOES). ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED FOUR TO TWO: Dvorak, Kavanaugh, Schroeder, Skinner (AYES); Arndt and Symmons (NOES). KAVANAUGH moved to reconvene the meeting on Monday, July 20, 2020 at 6:30 p.m. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons, Arndt, Dvorak, and Kavanaugh. ARNDT moved to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The regular meeting of the Kodiak Island Borough Assembly from July 16, 2020 was continued on July 20, 2020 in the Assembly Chambers of the Kodiak Island Borough, 710 Mill Bay Road. The meeting was called to order at 7:00 p.m. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Julie Kavanaugh, Andy Schroeder, Rebecca Skinner, Duane Dvorak, and Dennis Symmons. Also present were Borough Manager Michael Powers, Borough Clerk Alise Rice, and Acting Deputy Clerk Lina Cruz. ARNDT moved to excuse Assembly member Turner who was absent due to a work-related matter. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Ordinances for Introduction 1. Ordinance No. FY2021-03 Determining The Disposition Of Tax Year 2010 Foreclosed Property KIB/Hardy Hofstad Etal And Establishing Intention To Surplus And Sell Said Property By Finding That A Public Need Does Not Exist For the Property And Authorizing The Property For Immediate Disposal. KAVANAUGH moved to advance Ordinance No. FY2021-03 to public hearing at the next regular meeting of the assembly on August 6, 2020. This ordinance establishes the Borough's findings that a public need does not exist for this property and classifies it as surplus. KIB Planning and Zoning Resolution No. FY2020-04 shows there is no public need for this property. As surplus property, this property could be made available for sale by the assembly at a later date. This property was acquired by the Borough on January 31, 2013 through the tax year 2010 AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 16, 2020.Page 16 of 350 Kodiak Island Borough July 16, 2020 Assembly Regular Meeting Minutes Page 11 of 16 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Schroeder, Symmons, and Arndt. Clerk’s note: Assembly member Skinner joined the meeting late and was not present for this vote. 2. Ordinance No. FY2021-04 Determining The Disposition Of Tax Year 2012 Foreclosed Properties KIB/Marjorie Anderson, and KIB/Alfred Hansen Jr. And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. KAVANAUGH moved to advance Ordinance No. FY2021-04 to public hearing at the next regular meeting of the assembly on August 6, 2020. This ordinance establishes the Borough's findings that a public need does not exist for the properties and classifies it as surplus. KIB Planning and Zoning Resolution No. FY2020-04 shows there is no public need for these properties. As surplus property, these properties could be made available for sale by the assembly at a later date. The properties were acquired by the Borough on October 29, 2014 through the tax year 2012 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Symmons, Arndt, and Dvorak. Clerk’s note: Assembly member Skinner joined the meeting late and was not present for this vote. 3. Ordinance No. FY2021-05 Determining The Disposition Of Tax Year 2014 Foreclosed Properties KIB/Edwina Mae Anderson, KIB/Charles F. Lorenson, And KIB/Herman Malutin III, And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. KAVANAUGH moved to advance Ordinance No. FY2021-05 to public hearing at the next regular meeting of the assembly on August 6, 2020. This ordinance establishes the Borough's findings that a public need does not exist for the properties and classifies it as surplus. KIB Planning and Zoning Resolution No. FY2020-04 shows there is no public need for these properties. As surplus property, these properties could be made available for sale by the assembly at a later date. The properties were acquired by the Borough on August 08, 2017 through the tax year 2014 AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 16, 2020.Page 17 of 350 Kodiak Island Borough July 16, 2020 Assembly Regular Meeting Minutes Page 12 of 16 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons, Arndt, Dvorak, and Kavanaugh. 4. Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 Foreclosed Properties KIB/ Joseph David Henderson Etal, (Two Properties) KIB/Joan Denise Lucas, KIB/Lydia Tania-Bird Malutin, And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. KAVANAUGH moved to advance Ordinance No. FY2021-06 to public hearing at the next regular meeting of the assembly on August 6, 2020. This ordinance establishes the Borough's findings that a public need does not exist for the properties and classifies it as surplus. KIB Planning and Zoning Resolution No. FY2020-04 shows there is no public need for these properties. As surplus property, these properties could be made available for sale by the assembly at a later date. The properties were acquired by the Borough on February 12, 2018 through the tax year 2015 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Arndt, Dvorak, Kavanaugh, and Schroeder. 5. Ordinance No. FY2021-07 Determining The Disposition Of Tax Year 2015 Foreclosed Property KIB/Ada L. And Susan K. Panamarioff, And Establishing Intention To Surplus And Sell Said Property By Finding That A Public Need Does Not Exist For The Property And Authorizing The Property For Immediate Disposal. KAVANAUGH moved to advance Ordinance No. FY2021-07 to public hearing at the next regular meeting of the assembly on August 6, 2020. KIB Planning and Zoning Resolution No. FY2020-04 shows there is public need for this property by the City of Kodiak. The City was offered this property per Alaska State Statute Sec 29.45.450. The city did not purchase the property for the taxes due. Therefore this ordinance establishes that a public need does not exist for this property and classifies it as surplus. As surplus property, this property could be made available for sale by the assembly at a later date. This property was acquired by the Borough on February 12, 2018 through the tax year 2015 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 16, 2020.Page 18 of 350 Kodiak Island Borough July 16, 2020 Assembly Regular Meeting Minutes Page 13 of 16 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Arndt, Dvorak, Kavanaugh, Schroeder, and Skinner. 6. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 Foreclosed Properties KIB/James Clifford Cole Trust, KIB/Kimberly Edman, KIB/ Dale Stratton, And KIB/John Wick (Two Properties) And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. KAVANAUGH moved to advance Ordinance No. FY2021-08 to public hearing at the next regular meeting of the assembly on August 6, 2020. This ordinance establishes the Borough's findings that a public need does not exist for the properties and classifies it as surplus. KIB Planning and Zoning Resolution No. FY2020-04 shows there is no public need for these properties. As surplus property, these properties could be made available for sale by the assembly at a later date. The properties were acquired by the Borough on February 12, 2018 through the tax year 2015 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, and Symmons. 7. Ordinance No. FY2021-09 Determining The Disposition Of Tax Year 2017 Foreclosed Properties KIB/Ronald Eads, KIB/Arnold and Dorinda Kewan And KIB/Charles Nellist And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. KAVANAUGH moved to advance Ordinance No. FY2021-09 to public hearing at the next regular meeting of the assembly on August 6, 2020. KIB Planning and Zoning Resolution No. FY2020-04 shows there is public need for this property by the City of Kodiak. The City was offered this property per Alaska State Statute Sec 29.45.450. The city did not purchase the property for the taxes due. Therefore this ordinance establishes that a public need does not exist for this property and classifies it as surplus. As surplus property, this property could be made available for sale by the assembly at a later date. This property was acquired by the Borough on February 12, 2018 through the tax year 2015 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Schroeder, Skinner, Symmons, and Arndt. AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 16, 2020.Page 19 of 350 Kodiak Island Borough July 16, 2020 Assembly Regular Meeting Minutes Page 14 of 16 8. Ordinance No. FY2021-12 Of The Assembly Of The Kodiak Island Borough Amending KIBC Title 3 Revenue And Finance, Chapter 3.80.30 Excise Tax On Cigarettes And Tobacco Products. SYMMONS moved to advance Ordinance No. FY2021-12 to public hearing at the next regular meeting of the assembly on August 6, 2020. VERSION 2 During the July 16th regular assembly meeting, staff was directed to include the taxation of vaping into our code. During the research process, staff collected the following information: Tobacco Excise Tax Rates for: • Juneau Borough - $3/pack and 45% on other tobacco products • Matanuska- Susitna Borough - 110 mils/cigarette and 55% on other tobacco products • Anchorage - 124.6 mils/cigarette and 55% on other tobacco products • Fairbanks - 8% on all tobacco products ORIGINAL This ordinance was sponsored by Assembly member Symmons during the regular meeting of June 18, 2020. The request was to increase the tobacco excise tax for products brought into the borough for distribution or sale as follows: • cigarettes from $0.05 to $0.075 per cigarette; and • other tobacco products from 25% to 37.5% of wholesale price ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Symmons, Arndt, and Dvorak. 9. Ordinance No. FY2021-13 Adding A Ballot Proposition At The Next Regular Municipal Election To Be Held On October 6, 2020. DVORAK moved to advance Ordinance No. FY2021-13 to public hearing at the next regular meeting of the assembly on August 6, 2020. An ordinance of the Assembly of the Kodiak Island Borough adding a Ballot Proposition at the next Regular Municipal Election to be held on October 6, 2020, on whether to authorize the Assembly to draw from the Facilities Fund over the next five (5) fiscal years, FY2022 to FY2026, to be applied towards the payment of Borough Bond Debt. ARNDT moved to amend the main motion by changing “grant” to loan. ROLL CALL VOTE ON MOTION TO AMEND FAILED ONE TO FIVE: Arndt (AYE); Skinner, Symmons, Dvorak, Kavanaugh, and Schroeder (NOES). AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 16, 2020.Page 20 of 350 Kodiak Island Borough July 16, 2020 Assembly Regular Meeting Minutes Page 15 of 16 ROLL CALL VOTE ON MAIN MOTION CARRIED FIVE TO ONE: Schroeder, Skinner, Symmons, Dvorak, and Kavanaugh (AYES); Arndt (NO). Mayor Roberts recessed the meeting at 7:55 p.m. Mayor Roberts reconvened the meeting at 8:00 p.m. 10. Ordinance No. FY2021-14 Assembly Of The Kodiak Island Borough Appropriating $---- For Purposes Of Advocating In Favor Of A Ballot Proposition At The October 6, 2020 Regular Municipal Election. KAVANAUGH moved to advance Ordinance No. FY2021-14 to public hearing at the next regular meeting of the assembly on August 6, 2020. SKINNER moved to postpone to the regular August 6, 2020. ROLL CALL VOTE ON MOTION TO POSTPONE: Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, and Symmons. Other Items 1. Resolution No. FY2021-09 Authorizing Application and Acceptance Of $270,359.24 Disaster Funding Allocation Associated with The 2016 Gulf Of Alaska Pink Salmon Fishery Disaster. SCHROEDER moved to authorize the Borough Manager to apply and accept when awarded the 2016 Pink Salmon Disaster Funding Allocation in an amount of $270,359.24. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Schroeder, Skinner, Symmons, and Arndt. 2. *Letter of Support for Cook Inlet Regional Citizens Advisory Council Recertification Application. Docket Number USCG-2020-0188. 3. *Letter of Support Alaska Municipal League. 4. *Confirmation Of Mayoral Appointment To The Womens Bay Service Area Board (Mr. Gregory Egle). CITIZENS’ COMMENTS The following spoke under citizens’ comments: • Betty McTavish ASSEMBLY MEMBERS’ COMMENTS • Assembly Member Dvorak spoke on his concerns regarding CARES nonprofit funding. AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 16, 2020.Page 21 of 350 Kodiak Island Borough July 16, 2020 Assembly Regular Meeting Minutes Page 16 of 16 • Assembly Member Arndt had no comment. • Assembly Member Symmons thanked Betty McTavish and Assembly. • Assembly Member Kavanaugh spoke on her disappointment regarding the CARES funding vote. • Assembly Member Skinner appreciated the public comment and the information the staff provided for the recycling contract. • Assembly Member Schroeder had no comment. ANNOUNCEMENTS The next Work Session of the Assembly is scheduled for July 30, 2020. The next regular meeting of the Assembly is scheduled on Thursday, August 6, 2020 at 6:30 p.m. in the Assembly Chambers. EXECUTIVE SESSION None. ADJOURNMENT ARNDT moved to adjourn the meeting of July 16, 2020 at 8:35 p.m. on July 20, 2020. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: ________________________ William Roberts, Mayor ___________________________ Alise L. Rice, Borough Clerk AGENDA ITEM #5.A. *Regular Meeting Minutes Of July 16, 2020.Page 22 of 350 AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 23 of 350 2 The Year in Review ____________________________________________________________________3 Department Mission ___________________________________________________________________4 Department Organization _______________________________________________________________5 Key Accomplishments for 2019___________________________________________________________6 Fire Suppression and Rescue Services______________________________________________________7 Fire and ES Incidents __________________________________________________________________9 Fire and EMS Training __________________________________________________________________10 Community Service ____________________________________________________________________11 Public Education_______________________________________________________________________12 Smoke Detectors ______________________________________________________________________15 KISAR _______________________________________________________________________________18 Department Apparatus _________________________________________________________________19 Department Goals for 2020 _____________________________________________________________30 AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 24 of 350 3 The Honorable William Roberts, Borough Mayor Members of the Borough Assembly Borough Manager Michael Powers, Mr. Mayor, Assembly Members and Manager Powers: I would like to present for your review the 2019 annual report for the Bayside Fire Department. This 2019 annual report highlights the department’s many achievements and significant changes from the year past. We witnessed a number of “firsts” that I will briefly describe. Training is the main stream of any emergency services organization and Bayside is no different. Since my arrival to Kodiak Island on December 4, 2015, we have faced many challenges in the areas of recruitment, training and upgrading both apparatus and tools. The Bayside Fire Department addressed and concentrated on these problems and solved many of them as a collective group. The current Fire Protection Board and I have worked hand in hand in addressing many problems and shortcomings. The Fire Board and Assembly has allowed the purchase of a new 1,250 gallon per minute pumper engine and a new 1,250 gallon per minute pumper tender that carries 3,000 gallons of water and are now both in service. New firefighting tools have been purchased; bunker gear, replacing some bunker pants and coats that were 20 years old. Roughly, 14,000 feet of new fire hose has been purchased along with current up-to date nozzles. Bayside has received over $250,000 in grants from various government agencies. These grants have been used to purchase self-contained breathing apparatus (SCBAs) for interior firefighting. In addition, new wildland firefighting equipment, upgrades to the station and child car seats have also been purchased. An Assistance to Firefighters Grant was received to fund a Source Capture Exhaust Extraction System and is now in service. These grants have not only benefited the Bayside firefighters but also the citizens of Kodiak. Working with the other three fire departments on Kodiak Island is one of our goals and to that end, there are scheduled quarterly meetings with the City Fire Department, USCG Fire Department and Womens Bay Fire Departments. A state certified Firefighter 1 program was taught by the Kodiak Fire Department. Seven members of Bayside are now Alaska certified Fire Fighters. In addition to the Firefighter 1 Course completed in the Spring of 2018 at Bayside an EMT course has just been completed at the Coast Guard Fire Station. Bayside now has 17 EMTS and 13 certified FF-1s, FF-2s and FF-3s. I am very proud and humbled to serve the Kodiak Island Borough residents as well as the Bayside firefighters. Sincerely, Howard S. Rue III AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 25 of 350 4 MIISSION STATEMENT: ‘We, the Bayside Volunteer Fire Department, shall provide professional and devoted service to our community through incident response, comprehensive training, public education and fire prevention.” Purpose and Goals To provide exceptional customer service through cost effective programs dedicated to all citizens and visitors to Kodiak Island in providing safety and security. To respond responsively to all requests for the emergency services. To provide highly qualified, trained and motivated personnel dedicated to accomplishing the Department’s mission and goals. To maximize the training, development, and job satisfaction of the department’s employees enabling us to attract, retain, and promote personnel dedicated to accomplishing the Department’s mission and goals. To participate in community events to promote initiatives that further fire prevention and resident personal safety. To minimize the potential for destructive fires and accidental injury through fire prevention programs, public education, and support of borough codes. To participate in the fire service community projects (City of Kodiak, Womens’ Bay and the United States Coast Guard Fire Department) through joint meetings and training, exchange of ideas and combined purchasing. Supporting and participating in organizations like National Fire Protection Association, Fire Department Instructors Conference and the International Association of Fire Chiefs for the purpose of sharing resources and developing joint programs and practices to mitigate emergencies. To ensure that the citizens of Fire Protection District #1 and all residents and visitors to Kodiak Island when called on receive the greatest benefit for the dollars expended for Fire and EMS services. Volunteers Serving the Community AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 26 of 350 5 As of December 31, 2019, the Bayside Fire Department has 29 people on staff. This number includes the Chief, Deputy Chief, Assistant Chief, six line officers, one staff officer, one safety officer, one chaplain, fifteen fire fighters, and three support personnel. Staff duties have been assigned to the line officers including but not limited to: training officers, public education coordinator, CPR instructors, Fire Investigator, public information officer, safety officer, and ANFIRS manager. AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 27 of 350 6 1. Bayside is continuing to mount tools and accessories on our apparatus as they are purchased. 2. Bayside has received 2,500 feet of new hose that will be used to replace old hose and for the existing apparatus as well. 3. Several training props have been built by members for training exercises. 4. Vehicle maintenance and servicing are up to date on all apparatus and documented. 5. Record keeping is current with the state of Alaska Fire Marshals Office. 6. Received an Assistance to Firefighter Grant for $87,039 for a Source Capture Exhaust System. 7. Received a grant from the Alaska Forestry Division for $7,000 for new wildland firefighting gear. 8. There were 11 new windows installed on the lower floor of the fire station replacing the original 40 -year- old windows. 9. There were four new air, electric and water hose reels installed on the front four bays of the station. 10. All reports due to the state are current and we are a registered Alaska Fire Department. 11. Physicals for the firefighters are now in place and completed. 12. SCBA fit testing is current for all members. 13. There are 29 active members at the Bayside fire Department. 14. A new system 2000 Boiler was installed for the old section of the fire station 15. Two flag poles in front of the firehouse are illuminated by a sensor that goes on when the sun goes down. 16. Inspections of fire extinguishers, SCBA tanks, breathing air compressor, SCBA packs are up to date. 17. Vehicle weekly inspections are now in place. 18. A new 12-foot tall aircraft ladder was purchased to reduce the chance of a fall while packing hose in the apparatus or washing the high vehicles. 19. All drills, training exercises and calls are documented, filled out and stored and are on file. 20. SOPs and SOGs are being continually updated and reviewed. 21. First Aid, CPR, Smoke Detector, Car Seat Programs are available to the public. AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 28 of 350 7 Burn Permits for 2019 Kodiak Island Borough issues outdoor burning permits which are valid for one year from January 1st thru December 31st. When burn permits are issued to residents, they are to call for the weather conditions and for approval of outdoor burning. Kodiak Island Borough receives forest fire conditions from Alaska Division of Forestry daily from the first of April until the end of August. The Fire Danger Sign at the Bayside Fire Station is changed daily to reflect the daily rating of fire conditions on Kodiak Island. 114 Burn Permits issued through December 2019 – 4.9% decrease from 144 issued in 2018 Fire Response Fire suppression and rescue operations include responses to and control of emergency situations involving fire (structure, automobile, grass, electrical, etc.) hazardous materials, motor vehicle accidents, fire alarm activation/investigation, smoke/odor investigation, weather–related emergencies, carbon monoxide alarms/investigation and investigation of alarm system trouble signals. As a Fire Rescue Service in the Kodiak Island Borough, the Bayside Fire Department also responds to all Emergency Medical Service calls within Fire Protection Area 1. These calls are automatic mutual aid calls with the Kodiak Fire Department for an ambulance. Bayside fire fighters and officers provide manpower and first responder skills critical to ensuring the emergency is handled professionally and quickly. Due to the volume of calls in Fire Protection Area 1, the Bayside Fire Department has deviated from the three traditional means of tracking calls: General Alarms, Still Alarms and Mutual Aid Calls. Instead we have broken down our tracker into the following: Fire Call: These calls include any reported fire in or threating a structure, a report of smoke or uncontrolled burning, fire in an automobile or dumpster. EMS: Emergency Medical Services (First Responder) includes all calls for an ambulance or aid. These calls are all mutual aid calls with the City of Kodiak Fire Department responding with an ambulance, as part of our mutual aid agreement. Motor Vehicle Accidents: This category includes all motor vehicle accidents regardless if a medical incident occurs. Detector Alarms: This includes all detector alarms, such as carbon monoxide alarms, smoke or fire alarms that upon activation may not be elevated to fire calls. HAZMAT/Other: This category includes all hazardous waste operations and anything that is not covered under the other categories. This is a broad catch all for miscellaneous calls. January, 12, 11% February, 13, 11% March, 13, 11% April, 17, 15%May, 11, 10% June, 11, 10% July, 9, 8% August, 6, 5% September, 10, 9% October, 6, 5% November, 5, 4%December, 1, 1% AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 29 of 350 8 Operating a Fire Rescue Organization in Kodiak Alaska can be challenging at times. As a department servicing both residential and the rural area of our community, it is essential that we understand the effects of working in areas without water. Due to this constraint, the Bayside Fire Department also tracks calls to hydranted and non-hydranted areas. Total Calls for 2019 – 189 Incidents can happen in the Fire Protection Area #1 at any time – in 2019 the times of day when a call was most likely to occur were 3pm - 7 pm. Fire Department members are ready to respond around the clock. CALL RESPONSES Bayside responded to 189 emergency calls in 2019 (a 13.6% increase from the previous year). There were 105 EMS related calls and 84 fire related calls. These calls translate to 59% EMS related calls and 41% Fire related calls. TRAINING The Bayside Fire Department has trained over 2,725 hours in 2019. The training has occurred at the following locations during the past year: Bayside Fire Training Center, Bayside Fire Station, Kodiak Fire Department, United States Coast Guard Fire Department and Womens Bay Fire Department. Training occurs every Monday night from 7:00 pm until 9:30 pm. Subjects that were covered included Building Construction, Fire Command, Leadership, Engine Ops, Drafting, State Certified Fire Fighter 1 Class and Leadership. An annual training is schedule is prepared in December and includes not only firefighting but EMS training as well. EMS, 105, 55% Fire, 25, 12% Lost, 1, 1% Control Burn, 1, 1% Good Intent, 2, 1% MVA -Monaska, 1, 1% MVA -Borough, 11, 7% Tree, 2, 1% Haz Mat, 11, 6% Smoke, 9, 5% Power Lines, 2, 1% Detectors, 18, 8%Chief Only, 1, 1% 0 2 4 6 8 10 12 Calls By Type and Hour for 2019 FIRE EMS MOTOR VEHICLE ACCIDENT DETECTOR ALARMS HAZMAT/OTHER CHIEF ONLY 154, 81% Hyranted 35, 19% Non-Hydrant Hydranted vs. Non Hydranted Areas 2019 AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 30 of 350 9 Response to a House Fire Lost Hiker Rescue Critical EMS Interventions Structure Fires AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 31 of 350 10 Recruit Course Live Burns Wildland Fire Drills Blackout SCBA Training AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 32 of 350 11 Medical Standby for Events Cancer Awareness Outreach Program aboard the M/V Roald Amundsen Partnerships with Local Nonprofits Bayside Fire Department AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 33 of 350 12 All “K.A.R.E.S.” members are licensed Amateur Radio Operators, and are Volunteer Members of the Bayside Fire Station. Communications Summary: Squad-12 is outfitted with communications equipment that includes: 2-way Radio ensemble, including capabilities in HF-SSB, Citizen’s Band, VHF, UHF, Cellular, Internet and Satellite communications. This entire spectrum provides for 2-way communications for the common communications channels used in the local area, as well as a selection of regional and state channels. Modes of operation include P25, Wide and Narrow Band, and AES [Advanced Encryption Standard]. Panasonic Phone Switch, capable of (8) eight incoming or “outside” lines and (16) sixteen internal phone extensions located throughout the vehicle. The switch provides for call forwarding, call transferring, conference calling, and paging. Cellular Phone – connected into the phone switch, and capable of wireless telephone communications covering most of the Kodiak road system. Satellite Telephones, two separate, one connected into the phone switch - providing single line connection, and one dash-mounted single line telephone with vehicle kit – both providing communications links outside of the Kodiak communications environment. Deployable Simplex VHF Repeater. A completely self-contained, portable simplex VHF repeater is available for public safety use. This unit is ideal for Search and Rescue situations or other incidents in areas where established repeater systems do not provide coverage. Deployable VHF Repeater Link. A completely self-contained, mobile/portable link unit that receives VHF and links to the Amateur Radio Repeater System via UHF. Ideal for enhancing portable and mobile use in marginal areas of repeater coverage. Wi-Fi Hot Spot. A radio link with Pillar Mountain converts to make Squad-12 a “Wi-Fi Hot Spot” anywhere on the road system where the vehicle can “see” Pillar Mountain. Communications Details: Radio Operator Position 1: Icom Series F621-2 UHF Radio. UHF-Hi Band, providing channels for Commercial, HAM and GMRS frequencies – 400- 470mHz Maxon MCB-45W Citizens Band Radio. 40 Channels, AM. Icom IC-A110 Airband Transceiver. Capable of aircraft frequencies, 118-137mHz AM AN/URC-112 Military Aircraft Band Transceiver 220-400mHz AM & FM. Laser Printer for Computer System. Radio Operator Position 2: Icom V-8000 VHF Radio. Frequencies: 144-148mHz, 75 Watt Power. Used for K.A.R.E.S. Internal Communications Nets. 12VDC Computer, internet-capable, and with laser printer. Icom F-1721D Series VHF Radio. 256 channel capable; Range: 139-174mHz. 50W. Wide Band or Narrow Band, and P25-capable. Icom Dual-Band VHF/UHF. Provides dual operation in the HAM spectrum. AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 34 of 350 13 Radio Operator Position 3: Icom F-1721D Series VHF Radio. 256 channel capable; Range: 139-174mHz. 50W. Wide Band or Narrow Band, and P25-capable. Icom IC-402 Marine VHF Radio. Frequencies: all Marine Channels. 25Watt Power. Icom IC-M700Pro HF/SSB Radio. Frequencies: 1.6 – 27.5mHz. Modes: AM, USB, LSB, CW, FSK. Complete with remote Icom AT-130 Antenna Tuner. Radio Operator Position 4: Icom F-1721D Series VHF Radio. (Same as in position 3). Complete with 2-tone paging encoder. Radio Operator Position 5 [Driver Position]: Icom F-1721D Series VHF Radio same as in position #3). Officer Position – front seat GSP-2900 Satellite Phone. VHF Portable Radio Cache. Squad-12 is also equipped with portable, hand-held radios and “Grab-n-Go” mobile radios that support the common public safety channels for the Kodiak area. Globalstar GSP-1600 & 2900 Satellite Phones. These are single line / single channel satellite phones. The GPS-2900 is connected through the Panasonic phone switch in Squad-12. The GSP-1600 is mounted on the front dash at the Officer Position using a vehicle kit. KARES Deployable Simplex Emergency Repeater Unit. This is a small weather-tight unit that weighs 29 pounds. It is fully self-contained, and is mounted on a pack frame. It operates in the VHF-Hi Band spectrum, and can be easily programmed in the field. It was designed and built by KARES and Aksala Electronics with Search And Rescue situations in mind, but could be used for any incident where there is inadequate or no repeater communication system coverage. Examples include: S.A.R., Wildland Fires, Oil Spills and Environmental Emergencies – to name a few. Deployable VHF Repeater Link. A completely self-contained, mobile/portable link unit that receives VHF and links to the Amateur Radio Repeater System via UHF. Ideal for enhancing portable and mobile use in marginal areas of repeater coverage. Vehicle Power Description: Squad-12 is primarily wired for 12volts D.C. operation. One “8-D” heavy-duty battery provides for operation of the bus power plant (engine), as well as for all 12-volt interior lighting. A second “8-D” heavy-duty battery is in place solely to provide a 160-ampere circuit for all radio equipment. Both battery systems are connected to Astron 35ampere power supplies, which act as battery chargers when the bus is plugged in to 110volt AC commercial or generated power. The bus carries (2) two gas-powered generators (3.5KW and 4KW), which can be used for remote site operations. The Comms Bus uses two 30A/120VAC lines when AC power is available. Vehicle Interior Environmental Controls: Squad-12 is equipped with the normal front dash heating system, and additionally has (2) two heating units operated by the vehicle’s heating/cooling system. Each heating unit has its own circulating fan, and there is a heater unit in each of the separate room spaces of the vehicle. Auxiliary heating is provided by a 110volt AC space heater that is portable and can be located in either room space. Additionally, an on-board de-humidifier unit is installed to help in controlling moisture and condensation in the interior environment. AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 35 of 350 14 Command / Planning Room: The command and planning room in the back half of Squad-12 is outfitted with adequate 12volt lighting, seating, table surface and security (both doors lockable from the inside). Vertical marker boards are mounted on the mid-wall and above the rear radio desk position. Area maps (both land and nautical) are kept on hand, and an “incident command board” is provided for ICS Planning and Operations. The “superset” telephone instrument of the phone switch is located in this room, thereby providing for primary control of incoming telephone activity and distribution. Windows on both side walls of this area provide for adequate visual view of any incident. Vehicle Amenities: Squad-12 has a small galley area located just behind the driver’s seat. This area provides for a microwave oven, a coffee maker, and a small countertop/preparation area. Additional counter space (7Ft. In Length) and a file storage area is provided in the communications area (front half of the bus) on curbside. The wheel chair lift located at cu rbside-rear accommodates a set of stairs, thereby AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 36 of 350 15 Hanover, PA WE ARE HERE TO HELP YOU! Fire Prevention & Safety at Bayside Fire The Bayside Fire Department is proud to offer fire safety education to the community. Our company is dedicated to teaching everyone from children to the elderly about fire safety and prevention. This Department offers numerous fire safety initiatives ranging from station tours to assisting with fire escape plans to fire extinguisher demonstrations. The fire company is willing to assist anyone with any questions or concerns they may have about their home or place of business. Please do not hesitate to contact us about anything related to fire safety or fire prevention. We have a program to educate youngsters should they have a fire in their residence and firefighter comes to rescue them so they won’t run or be afraid. This done in engine bay with one of our members dressing in full turn out gear. WE ARE HERE TO HELP YOU! Contact Information Emergency: 911 Phone: 907-486-4536 Email: hrue@kodiakak.us To schedule a tour of the fire station and equipment or if you are interested in having the fire company attend your event or visit your neighborhood to discuss fire prevention and safety, ple ase contact us at 907-486-4536. AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 37 of 350 16 Fire Prevention and Safety Websites for Children U.S. Fire Administration Kids Page - www.usfa.dhs.gov/kids Smokey The Bear Website - www.smokeybear.com Sparky the Fire Dog Website - www.sparky.org FEMA Fire Safety for Children - www.usa.safekids.org/fire Fire Prevention and Safety Websites for Everyone National Fire Protection Association (NFPA) Website - www.nfpa.org Home Safety Council Website- www.homesafetycouncil.org Fire Escape Systems - http://www.fireescapesystems.com/ Kidde - http://www.kidde.com Industrial Ladder - http://www.industrialladder.com/ Contact Information Bayside Fire Department Fire Chief Howard S. Rue III 4606 E Rezanof Drive Kodiak, AK 99615 New Volunteers Wanted AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 38 of 350 17 Fire Prevention Monthly Public Contacts for 2019 Contacts for 2019 Total is 2387. Year 2019 Location and Number North Star Students - 14 Kodiak Christian School -23 Baptist Mission – 36 Car Seat Checks and installations – 26 Bike Safety – 41 Smoke Detector Installs – 38 Car Seat Checks and installations - 9 Safe Routes to School -334 Fire Prevention Month – 1,537 Station Tours - 39 Deliver Meals - 12 Phone and Email Emergency: 911 Phone: 907-486-4536 Email: hrue@kodiakak.us AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 39 of 350 18 The Bayside Fire Department has a stock of CO (Carbon Monoxide) and smoke detectors on hand at the station located at 4606 Rezanof Drive. Members will assist with installation, changing of batteries or hand out as needed smoke detectors for those who need them. Residents just need to contact a fire department member, call (486-4536) or stop by the fire station for a smoke detector or set up a time for installation. Senior Citizens’ Fire & Life Safety Education Installed smoke detectors and held fire safety discussion at the homes of 15 senior citizens. Currently building up the “Remember When” program for Senior Citizens. This program is committed to educating seniors on fall and fire prevention techniques and includes a component to provide smoke detectors to needy seniors and low income residents. Installed 38 smoke detectors in residences at no cost. Installed 38 smoke detectors in residences AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 40 of 350 19 Fire Prevention Week October 9 – 15, 2019 This year’s Fire Prevention Week campaign, “Don’t Wait – Check the Date! Replace Smoke Alarms Every 10 Years,” represented the final year of our three-year effort to educate the public about basic but essential elements of smoke alarm safety. Why did we focus on smoke alarms three years in a row? Because NFPA’s survey data shows that the public has many misconceptions about smoke alarms, which may put them at increased risk in the event of a home fire. For example, only a small percentage of people know how old their smoke alarms are, or how often they need to be replaced. Read more from the NFPA Journal. As a result of those and related findings, in 2016, we addressed smoke alarm replacement this year with a focus on these key messages: Smoke alarms should be replaced every 10 years. Make sure you know how old all the smoke alarms are in your home. To find out how old a smoke alarm is, look at the date of manufacture on the back of the alarm; the alarm should be replaced 10 years from that date. Bayside Fire Department hosted an Open House at the station on October 9, 2017 where more than 130 residents enjoyed touring the 12 indoor stations and 1 Hazard House station designed to spread the message of fire and life safety awareness. Bayside Fire Department also participated in USCG Fire Department’s Open House at the Coast Guard Fire Station. Total contacts were 771. 17 residents participated in the outdoor fire extinguisher training station at the open house. Conducted 7 separate Hazard House fire and life safety education presentation at 4 schools and 2 Fire Prevention Open Houses. Total student and adult contacts were 1537 contacts. AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 41 of 350 20 The Bayside Fire Department has partnered with the Womens Bay Fire Department and sponsored a Child Passenger Safety Technician course last April. The program was taught by The Injury Prevention Outreach Center / Safe Kids Alaska State Coalition of the Providence Alaska Medical Center. A team came to Kodiak from Anchorage to train on the proper installation of car seats. The program was open to the members of the Bayside Fire Department, Womens Bay Fire Department, City of Kodiak Fire Department and the United States Coast Guard Fire Department. This program will be able to assist firefighters in installing car seat for all children that need car seats. This will allow our personnel to inspect car seats to be sure they are in a safe condition to carry older children as well as infants at no cost. Safe Kids Alaska Car Seat Program Installed 12 car seats (Infant to booster seats) Checked 14 car seats for proper installation. AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 42 of 350 21 Kodiak Island Search and Rescue PO Box 1910, Kodiak, AK 99615 907-486-6780 or 907-486-3853 – kisar1986@gmail.com 24-hour Dispatch: 907-486-4121 Kodiak Island Search and Rescue (KISAR) was founded on June 27, 1986 by Maurice Hughes, Neal Cooper, Thomas Walters and David Spellman at the request of the Alaska State Troopers. KISAR is a non-profit organization whose objectives are exclusively charitable, scientific and educational. Specifically, its purposes are: (a) to furnish highly trained volunteers for search and rescue for the benefit and welfare of the community, (b) to organize and support the continuing education and training of volunteers and support personnel in accepted search and rescue methods and (c) to increase public awareness of search and rescue trained volunteers and provide informational and educational programs and demonstrations to institutions, agencies and community organizations . The membership consists of approximately twenty-five unpaid volunteers and there is no paid staff. The volunteers are dispatched by the Alaska State Troopers, who have the responsibility for land-based search and rescue in Alaska. KISAR is also a member of the Bayside Fire Department Fire Corps and is dispatched by the Bayside Fire Chief when needed . KISAR has a Community Emergency Response Team (CERT) for urban emergency response and a Mountain Rescue Team trained for high-angle rope rescue. There is no longer a resident search dog team, but Alaska Search & Rescue Dogs (ASARD) in Anchorage provides search dog support when needed. Each year KISAR partners with Kodiak Sno-Bruins and Ravn Alaska to provide avalanche awareness and safety training by the Alaska Avalanche School for Kodiak High School students and the general public . KISAR operational members have Avalanche Level 1, Wilderness First Aid and National Association for Search and Rescue SARTECH II certifications . They also train with the United States Coast Guard (USCG) in helicopter operations . Recruitment for volunteers is a continuing process, and anyone interested in becoming a member may download a copy of the application at www. kisar.org. AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 43 of 350 22 Station is located at 4606 Rezanof Drive – East AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 44 of 350 23 Command 10 Command 11 is the Chiefs car and responds to all incidents with the Chief, Deputy Chief or Assistant Chief. The Command Car is equipped with a mobile radio and portable radio. The radios are used to monitor several frequencies. The radios allow the Chief Officer to communicate with Kodiak Fire Department, Kodiak Police, United States Coast Guard Fire Department and Womens Bay Fire Department or other responding agencies. Command 11 is a 2002 Jeep Liberty. The vehicle was purchased used in 2016. The vehicle was outfitted with radios and equipment that was surplus at the Bayside Fire Department. The vehicle also carries a Scott Air Pack, first aid kit, supplies and other items that the Command Officer may use or need at the scene of an incident. AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 45 of 350 24 Squad 10 Squad 10 is a 2004 Ford 350 4 x 4 and purchased new. This unit has both a mobile radio and portable radios. The radios can be used to monitor several frequencies. The radios allow the Duty Officer to communicate with Kodiak Fire Department, Kodiak Police, United States Coast Guard Fire Department and Women’s Bay Fire Department or other responding agencies. The truck has an eighty-gallon light water tank that is pressurized. This is used for brush fires that are along the road system. There is a 200 foot of 1 inch pre-connect hose and a 1 inch booster reel line with 100 feet. The vehicle also carries a Scott Air Pack, first aid kit, basic water supplies, rudimentary Haz-Mat supplies, traffic control cones and other items that the Duty Officer may use at the scene of an incident. Squad 10 is also used as the station pick-up truck. AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 46 of 350 25 ENGINE 10 2007 Pierce Saber Pumper 1,500 gpm (gallons-per-minute) fire pump with a 1,000-gallon water tank; 5 preconnect lines: 3-1¾” (2 with water or foam) and 2-2½” preconnect lines (water only); Prepiped deck gun, that is removable; 4 wheel drive – chains and studded tires for winter use; Extrication tools (Jaws of Life), saws – chain saw, K-12 saw and sawzall as well as other tools needed for extrication as well as forcible entry; Five on board air packs – SCBAs. Seating for 8 firefighters. During fire incidents this is the first out apparatus in hydranted and non-hydranted areas and initiates an attack on the fire. This is normally done by the crew advancing a 1¾” preconnect line or 2½” preconnect line on to the fire using the 1,000 gallons of tank water until the next arriving engine or tender can establish a water supply arrives. Engine 10 is currently also configured as a rescue pumper. In this mode it responds to vehicle accidents and other situations requiring specialized rescue equipment. Engine 10 will also respond to mutual aid (out-of-town) vehicle on extra alarm fires in neighboring communities on Kodiak Island. AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 47 of 350 26 ENGINE 11 2018 Spartan Metro Custom Pumper 1,250 gpm (gallons-per-minute) Hale fire pump with a 750 gallon water tank; 5 preconnect lines: 3-1¾” and 2-2½”(water or foam) preconnect lines ; Prepiped deck gun, that is removable; Carries extrication equipment (Jaws of Life); Seating for 8 firefighters; All LED scene, warning lights, headlights and interior lights. During fire incidents, this will be the first out apparatus in hydranted areas and becomes the fire attack engine. This is normally done by the crew advancing a 1¾” preconnect line or 2½” preconnect line on to the fire using the 750 gallons of tank water until the next arriving engine will establish a water supply. This is normally done by the crew laying out 4 inch LDH (Large Diameter Hose) and laying the supply line to the fire-attacking engine from a water supply. This engine can also support the first in engine in non-hydranted areas by advancing a secondary (back-up line) lines which can be either 1¾” preconnect lines or 2½” preconnect lines on to the fire using the 750 gallons of tank water until the next arriving engine or tender can establish a water supply if needed. Engine 11 will also be configured as a rescue pumper. In this mode, it will respond to vehicle accidents and other situations requiring specialized rescue equipment and EMS calls. AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 48 of 350 27 TENDER 11 2018 Kenworth Tender with a 3,000-gallon poly- tank. 1,250 gpm (gallons-per-minute) Hale fire pump with a 3,000-gallon water tank; 4 preconnect lines: 2-1¾” and 2-2½” preconnect lines (water only); 3,000-gallon collapsible portable water tank; 35 foot three fly extension ladder carried on this unit; Equipped with all new hose and tools; All emergency and scene lighting is done by LED lighting; Seating for 2 firefighters. During fire incidents this will be the second out apparatus in non-hydranted areas and becomes water supply. This is normally done by the crew deploying 3,000 -gallon collapsible portable water tank for water supply to the attacking engine. The tender will return to a water supply, fill up with water and return to the scene and this will continue until water is no longer needed. The new tender will have the same pumping capabilities as the new engine and will be able to take the place of either pumper should a front -line engine be out of service. AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 49 of 350 28 ENGINE 11 – Miss Linda 1993 E-One Engine with 4WD - a 1,000-gallon water tank and 1,500 gpm pump. Miss Linda dedicated by A.F.D as a “Cancer Awareness Engine in August of 2014. Capt. Jason Dolph of A.F.D. originated the idea after his mother – Linda Dolph - died of breast cancer in December 2009. The Miss Linda project was several years in the making and done entirely by donation. The Miss Linda is “PINK” because that is the most recognizable cancer color ribbon to the public but she has all the colored ribbons for all types of cancers on her body. The Bayside Fire Department acquired the Miss Linda when she was released from reserve engine status from the A.F.D in 2019. Miss Linda will continue to serve as a Cancer Awareness Engine and support all activities in Kodiak. The Bayside Fire Department also uses Engine 12 / Miss Linda as the forestry response engine. Miss Linda has seating for 4 firefighters Engine 12 carries portable pumps; Forestry hose and fittings; Forestry tools Chain saws and other tools AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 50 of 350 29 SQUAD 11 1993 Chevrolet Step Van Squad 11 is being used for a rehab unit for the four Kodiak Island Fire Departments and EOC: Carries spare breathing air cylinders; Snacks, water and coffee; Extra portable lighting; Equipped with radio frequencies for all departments; Seating for 2 firefighters; During fire incidents or emergencies this is the rehab apparatus manned the Bayside Fire Department. AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 51 of 350 30 SQUAD 12 Squad-12 is a 1992 Champion Motor Coach that was donated to K.A.R.E.S. by the Sen ior Citizens of Kodiak in 2004. Mobile Resources (Squad-12 + KARES Members): Operate Multiple Radio Channels simultaneously. Knowledge & Technical Equipment for On / Off Island Resources. HF (Long Distance) SSB Voice + VHF (local) radio nets. Computer/Internet Connection & Wi-Fi Hotspot. Computer-Generated Incident Radio Logs (ICS 309). Serves as a “Mobile Shelter” and Conference Room and/or Command Post. Stationary Resources (K.A.R.E.S Radio Room – Bayside): Operate Multiple Radio Channels simultaneously. Basic communications Equipment Repair & Maintenance. Maintain mobile, base station & portable communications cache. “Link-In-The-Box” Deployable Repeater. Portable “Simplex” Repeater. HF (Long Distance) SSB Voice + VHF (Local) Radio Nets. Inventory control & Issue/Return of Radios & Pagers. EOC Relay Point to/from Incident Site, Regional & State, including DOD and FEMA. Radio Communications Training resource. AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 52 of 350 31 1. Hire A new Fire Chief 2. Recruit more members for the Bayside Fire Department. 3. Offer another Alaska State Certified Fire Fighter 1 course. 4. Work on a lower ISO Rating from a 4/4Y to a 3/3Y. 5. Continue to train on the new fire apparatus. 6. Continue to offer training to Kodiak Borough Villages at little or no cost. 7. Continue our public education in the following areas of Fire Safety, CPR, First Aid, Station Tours, continued offering the facilities for public use. 8. Bayside will continue to apply for State and Federal Grants. 9. Improve our campus with improved building care and planned maintenance. 10. Work with other departments in cost sharing projects, ideas and training. 11. Training schedule to include both Fire and EMS Monday on night drills. 12. Improve record keeping for the Bayside Fire Department. 13. Continue to work and update Bayside SOPs and SOGs. AGENDA ITEM #7.A. Chief Rue II - Year End Report Page 53 of 350 Notice of Assessment sent and received Owner submits Exemption Application by January 15; or shows good cause for late filing Owner files appeal on form prescribed by BOE Hearing before the Board of Equalization (BOE) Exemption request denied Request formal review within 30 days review meeting with Assessor Assessor’s Decision after review Appeal to Superior Court within 30 days Valuation Appeals Exemption request granted Decision by BOE Exemption Appeals Process complete AGENDA ITEM #7.B. Assessing, Process of Exemptions - Seema Garoutte Page 54 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2021-03 Determining The Disposition Of Tax Year 2010 Foreclosed Property KIB/Hardy Hofstad Etal And Establishing Intention To Surplus And Sell Said Property By Finding That A Public Need Does Not Exist For the Property And Authorizing The Property For Immediate Disposal. ORIGINATOR: Dora Cross RECOMMENDATION: Move to adopt Ordinance FY2021-03. DISCUSSION: This ordinance establishes the Borough's findings that a public need does not exist for this property and classifies it as surplus. KIB Planning and Zoning Resolution No. FY202-04 shows there is no public need for this property. As surplus property, this property could be made available for sale by the assembly at a later date. This property was acquired by the Borough on January 31, 2013 through the tax year 2010 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. ALTERNATIVES: FISCAL IMPACT: None. OTHER INFORMATION: AGENDA ITEM #9.A. Ordinance No. FY2021-03 Determining The Disposition Of Tax Year 2010 For...Page 55 of 350 Public Hearing Notice μ02,4004,8001,200 Feet Kodiak Island Borough GIS Case 20-003 Location USS 1699 SHUYAK ISLAND Request a Tax Foreclosure property review. Please reply by December 3, 2019, if you feel a property needs to be retained for public use. Legend Subject Parcel http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways AGENDA ITEM #9.A. Ordinance No. FY2021-03 Determining The Disposition Of Tax Year 2010 For...Page 56 of 350 Afte ng To: ALASKA 2013-000336—O Recording District 303 Kodiak 02/20/2013 09:33 AM Page 1 of 3 IiIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIII IlilillillilllililllIII KODIAK RECORDING DISTRICT r Recordi Return Wohlforth,Brecht,Cartledge &Brooking Attention:Mary B.Pinkel 900 West 5th Avenue,Suite 600 Anchorage,AK 99501 THIS COVER SHEET HAS BEEN ADDED TO THIS DOCUMENT TO PROVIDE SPACE FOR RECORDING DATA AND TO COMPLY WITH MARGIN REQUIREMENTS SET FORTH IN 11 AAC 06.040 OF TITLE 11 OF THE ALASKA ADMINISTRATIVE CODE. THIS COVER SHEET APPEARS AS THE FIRST PAGE OF THE DOCUMENT IN THE OFFICIAL PUBLIC RECORD. AGENDA ITEM #9.A. Ordinance No. FY2021-03 Determining The Disposition Of Tax Year 2010 For...Page 57 of 350 ?TI -. True rd _.¢ Cm:!' W as:my hand and M)allmm.mm!-. I‘;.\» misisa B‘:Kodiak zo.._.<monEoo._<zo_mmmu_omu< wz_xoomm_ _ moom:E<o _ ._.:ommm_ _ _._Eou_._:o>> \ date d20 /: 5 o.©mmooo-m Em m“,0 N mama wrvecé:of &2POI:.:.:€‘m;;'r?me.‘-V the ma: Ua %’r2;/ /J is ANCHORAGE,ALASKA99501-2048Phone:907.275.6401 Fax:907 276.5093www.akatty.com IN THE SUPERIORCOURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KODIAK In Re:Delinquent Taxes and Special ) Assessments for the year 2010 ) and Prior Years in the Kodiak Island ) Borough )Case No.3KO—11—00065CI I CLERK‘S DEED I,J.Suzanne Cowley,Clerk of Court for the State of Alaska,Third Judicial District at Kodiak,pursuant to AS 29.45.440 and the order of the Superior Court i n this action,hereby convey to the Kodiak Island Borough of 710 Mill Bay Road, Kodiak,Alaska 99615,all right,title,and interest in the following described real property situated in the Kodiak Recording District,Third Judicial District,State of Alaska: Hofstad,Hardy,et al.(Hardy Hofstad I Ragnor Dahl /Charles Sword) PID 17239 LEGAL DESCRIPTION:UNITED STATES SURVEY NUMBER1699, according to the official Plat thereof,located in the Kodiak Recording District,Third Judicial District,State of Alaska. IN WITNESS WHEREOF,I have hereunto set my hand and seal of the Trial »—2";,,<_.‘// Courts for the State of Alaska,[Third Judicial District this 273/day of J.Suzanne Cowley,Clerk of Court for the State of Alaska,Third Judicial District at Kodiak,per order of the Court Clerk's Deed In Re Delinquent Taxes and Special Assessments for the Year 2010 and Prior Years in the Kodiak Island Borough Page 1 of 1 Case No. AGENDA ITEM #9.A. Ordinance No. FY2021-03 Determining The Disposition Of Tax Year 2010 For...Page 58 of 350 1 :9.’THATA com us "me ABOVEWAS: MAILEDTO HU+C|Am% __oeposneo INonsmnaunowTRAY CLERK'Somce.KODIAK DATE Eeu.>twxm.>.E;> 8om.oR.Smcan.S$.?~.Emmucosa m3~.:.mmm<xm<._<.mw<mo:oz< cowmtam.m:zm><EhEma,Sm zockmoamoo4<zo_wmmEomn_<oz_xoomm _ moom._E<o _ Eommm _ :Eou_.__._o>> Page 3 of 3 2013-000336-O Page 1 of ACKNOWLEDGMENT STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) The oing instrument was acknowledged before me this day of 201 5 ,by J.Suzanne Cowley,Clerk of Court for the State of Alaska,Third J dicial District at Kodiak. D Clerk of Court Owaalm Clerk's Deed In Re Delinquent Taxes and Special Assessments for the Year 2010 and Prior Years in the Kodiak Island Borough Case No.3KO-11-00065 [\Docs\4 l0]J050\Pleadings\C|erk's Deed Docx \%§|%|1|H%|?| AGENDA ITEM #9.A. Ordinance No. FY2021-03 Determining The Disposition Of Tax Year 2010 For...Page 59 of 350 Introduced by:CDD Director Drafted by:COD Director introduced on:1/15/20 Adopted on:1/15/20 '5~ooo \ro~«u». x>mi~:-- KODIAK ISLANDBOROUGH PLANNINGANDZONING COMMISSION RESOLU‘l1ON NO.FY2020-04 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING ll COMMISSION RECOMMENDING TO THE KODIAK ISLAND BOROUGH ASSEMBLY THAT 12 THE PARCEL KNOWN AS ALEUTIAN BLOCK 1,LOT 4,BE RESERVED FOR FUTURE I3 PUBLIC USE BY THE CITY OF KODIAK AND THATTHE REMAININGTWENTY-SIX (26) I4 PARCELS IDENTIFIEDIN THE TABLE LABELLED ATTACHMENT A BE DECLARED NOT IS TO BE OF “PUBLIC NEED"ANDOFFERED AT A FUTURE KIB IAND SALE. I6 17 WHEREAS,KIBC 18.10.0130 states that upon acquisition of any real property.including real l8 property acquired by tax foreclosure,the planning commission shall review the newly acquired 19 land and make recommendations as to whether all or any portion of the land should he devoted 20 to the public use,reserved for future use to meet projected borough requirements,or made 21 available for sale,lease or other disposition in conformance to the borough comprehensive land 22 use plan ;and 23 . 24 EWHEREAS,KIBC 18.20.030.A slates that each disposal of borough land is subject to review by 25 the planning and zoning commission before submission to the assembly. 26 The commission by resolution shall make a recommendation to the assembly regarding the 27 proposed land disposal;and 7859 WHEREAS,at the regular planning and zoning meeting on December 18,2019,the commission 30 did review the 27 parcels presented to them by the KIB?nance department;and 32 WHEREAS,the commission approved the recommendations made by staff in the amended staff 33 report dated December 13.2019;and 34 35 WHEREAS,the commission now wishes to formalize those recommendations by resolution for 36 transmission to the assembly 37 38 NOW,THEREFORE,BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING 39 AND ZONINGCOMMISSIONthat 40 41 Section 1:THE PARCEL KNOWN AS ALEUTIANBLOCK 1,LOT 4,BE RESERVED FOR 42 FUTURE PUBLIC USE BY THE CITY OF KODIAK;and 43 44 ‘Section2:THE REMAININGTWENTY-SIX (26)PARCELS IDENTIFIEDIN THE TABLE 45 LAEELLEDATTACHMENTA BE DECLARED NOT TO BE OF “PUBLIC NEED" 46 AND OFFERED ATA FUTURE KIB LANDSALE. 47 ' 48 ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING ANDZONING COMMISSION Kodiak Island Borough,Alaska ResolutionNo.FY2020~04 Page 1 of 4 AGENDA ITEM #9.A. Ordinance No. FY2021-03 Determining The Disposition Of Tax Year 2010 For...Page 60 of 350 49 50 51 52 55 S7 58 59 60 62 63 THIS 15th DAY OF January,2020. PLANNINGANDZONING COMMISSION Dave Townsend.Chair VOTES: Ayes: Noes: ATTEST: EL;Eta Erin Welty.CDD Directo Kodiaklsiand Borough,Aiaska Resolu?on No.FY2020-O4 Page 2 of 4 AGENDA ITEM #9.A. Ordinance No. FY2021-03 Determining The Disposition Of Tax Year 2010 For...Page 61 of 350 64 65 66 67 68 69 70 ATTACHMENT A KODlAK URBANAREA 8:ROAD SYSTEM Elderberry Heights Bk 1 Lt 13 USS 3472 Lt 4 1619 Selief Ln. Legal Description Location U55 3098 Lot 26A 110 Bancroft Dr.Vacant U55 3100 Lot 11A 547 Carroll Way R2 Mobile Home Residence Aleutian BK1 Lt 47 I813 Thorshelm St.R1 Single Family Residence RR1 Single Family Residence Isthmus Bay U55 3472 Lt 11 isthmus Bay CN Single Family Residence Vaca nt KODIAK ISLANDREMOTE: Legal Description Location Zoning Use Sunny Cove Lt 29 Spruce island RR1 Vacant I Sunny Cove Lot 36 Spruce island RR1 Vacant T:l0S RZSW Sec 30 SE 34NE V.SE V.Larsen Bay CN Vacant USS1891 Cape Karluk CN Vacant U55 1699 Shuyak island CN Recreation Cabin T315 R29W TL1404 Amook island CN Vacant ASLA92-100 Santa Flavia WH Vacant ASLA90-51 Tr A Boulder Bay WH Vacant ASLA90-S1 Tr B Boulder Bay WH Vacant ASLS87-157 Tr E Boulder Bay WH Vacant KODIAK ISLANDVILLAGES: Legal Description Location Zoning Use Dd Harbor'l'r E Bk9 Lt 7 Elderberry St.R1 Single Family Residence l T305 R29WSec 30 Easterly S25‘Uyak Bay CN Cabin Government Lot 5 Less SE‘/4NE>1 SE ‘,4Larsen Bay Larsen Bay Tr A Bk 17 Lt 3 First St.R1 Single Family Residence Old KarlukTr D Lt 16 Old Karluk R1 Vacant Karluk Bk 1 Lt 1 KarlukAve.R1 Single Family Residence Karluk Bk4 L12 KarlukAve.R1 Single Family Residence Port Lions Bk12 Lt 5 109 BirchDr,R1 Single Family Residence Port Lions 3"‘Bk2 Lt 7 216 Malina St.R1 Single Family Residence Kodiak island Borough.Alaska Resolution No.FY2020-04 Page 3 of 4 AGENDA ITEM #9.A. Ordinance No. FY2021-03 Determining The Disposition Of Tax Year 2010 For...Page 62 of 350 73 SUBMERGED PROPERTSES: Lea!Descriptidn J Old KarlukTrD u 5 cm Kariuk uss 82 7 KarlukRiver 74 ! l ! ‘Kodiak Island Borough,Alaska Resolution No.FY2020-04 Page 4 of 4 i AGENDA ITEM #9.A. Ordinance No. FY2021-03 Determining The Disposition Of Tax Year 2010 For...Page 63 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-03 Page 1 of 3 Introduced by: Finance Director 1 Drafted by: Finance Director 2 Introduced on: 07/16/2020 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2021-03 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING 9 THE DISPOSITION OF A TAX FORECLOSED PROPERTY ACQUIRED BY CLERK’S DEED IN 10 2013 AND ESTABLISHING INTENTION TO SURPLUS AND SELL SAID PROPERTY BY 11 FINDING THAT A PUBLIC NEED DOES NOT EXIST FOR THE PROPERTY AND 12 AUTHORIZING THE PROPERTY FOR IMMEDIATE DISPOSAL (P&Z Case 20-003) 13 PLANNING AND ZONING RESOLUTION NO. FY2020-04. 14 15 WHEREAS, the Kodiak Island Borough acquired, by clerk’s deed in 2013, property located at 16 Shuyak Island, Kodiak, AK described as: Hardy Hofstad, Etal (Hardy Hofstad / Ragnor Dahl / 17 Charles Sword) PID 17239 LEGAL DESCRIPTION: UNITED STATES SURVEY NUMBER 1699, 18 according to the official Plat thereof, located in the Kodiak Recording District, Third Judicial 19 District, State of Alaska, as a result of the tax foreclosure procedure; and 20 21 WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states in part: 22 (a) The municipality shall determine by ordinance whether foreclosed property deeded to the 23 municipality shall be retained for a public purpose. The ordinance must contain the legal 24 description of the property, the address or a general description of the property sufficient to 25 provide the public with notice of its location, and the name of the last record owner of the property 26 as the name appears on the assessment rolls. 27 28 (b) Tax-foreclosed property conveyed to a municipality by tax foreclosure and not required for a 29 public purpose may be sold. Before the sale of tax-foreclosed property held for a public purpose, 30 the municipality, by ordinance, shall determine that a public need does not exist. The ordinance 31 must contain the information required under (a) of this section.; and 32 33 WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed this 34 tax foreclosed property as required by KIBC 18.10.030 and has made a formal recommendation 35 by resolution no. FY2020-04 on the parcel’s disposition by recommending that this property 36 should NOT be retained for a public purpose; and 37 38 WHEREAS, the Kodiak Island Borough Manager has appointed the Finance Director to oversee 39 land sale with the vacant resource manager position: and 40 41 WHEREAS, the Kodiak Island Borough Finance Director has reviewed the Commission’s 42 action, as required by KIBC 18.10.030; and 43 44 AGENDA ITEM #9.A. Ordinance No. FY2021-03 Determining The Disposition Of Tax Year 2010 For...Page 64 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-03 Page 2 of 3 WHEREAS, the Kodiak Island Borough Finance Director has recommended the tax-foreclosed 45 properties described as UNITED STATES SURVEY NUMBER 1699, according to the official Plat 46 thereof, located in the Kodiak Recording District, Third Judicial District, State of Alaska is declared 47 not to be of “public need” and be offered for immediate sale; and 48 49 WHEREAS, less than ten (10) years have elapsed since the expiration of the redemption period 50 of this parcel, thus the Borough is required to send a notice of the public hearing to the last known 51 address of the former record owner within five days of the first publication of notice of the hearing 52 on this ordinance. 53 54 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 55 BOROUGH THAT: 56 57 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 58 Kodiak Island Borough Code of Ordinances. 59 60 Section 2: That the parcel located Shuyak Island, Kodiak, AK and identified by number 17239; 61 Legal Description: UNITED STATES SURVEY NUMBER 1699, according to the official Plat 62 thereof, located in the Kodiak Recording District, Third Judicial District, State of Alaska and 63 formerly owned by Hardy Hofstad, Etal (Hardy Hofstad / Ragnor Dahl / Charles Sword) has been 64 acquired by the Kodiak Island Borough by clerk’s deed for delinquent property tax accounts for 65 the year 2010 dated January 31, 2013, recorded as Document 2013-000336-0 in the Kodiak 66 Recording District, State of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has 67 been determined that a public need does not exist to retain this property for Borough purposes, 68 and the property will be sold at the earliest opportunity to do so. 69 70 Section 3: The finance director is directed to offer the property immediately by sealed bid auction 71 and the highest bidder will take ownership. The parcel shall be considered sold when the bid is 72 accepted. 73 74 Section 4: The terms to be approved by the assembly are: Bidder is to enclose a 10% deposit 75 based on the minimum bid amount shown in the bid packet. The remaining balance must be paid 76 within thirty (30) days. The Assembly may, by resolution, provide for additional sale procedures 77 and terms. 78 79 Section 5: If the property remains unsold after being offered for sale by sealed bid, the property 80 may be listed online for sale to any approved party for at least the minimum cost. Any parcel sold 81 by this method will be considered sold when the Borough accepts an offer for the property. 82 83 Section 6: This ordinance shall become effective as provided in KIBC 1.10.040. 84 85 86 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 87 THIS __________ DAY OF _______________, 2020. 88 89 AGENDA ITEM #9.A. Ordinance No. FY2021-03 Determining The Disposition Of Tax Year 2010 For...Page 65 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-03 Page 3 of 3 KODIAK ISLAND BOROUGH 90 ATTEST: 91 92 ___________________________ 93 Mayor William Roberts ___________________________ 94 Alise L. Rice, Clerk 95 VOTES: 96 Ayes: 97 Noes: 98 AGENDA ITEM #9.A. Ordinance No. FY2021-03 Determining The Disposition Of Tax Year 2010 For...Page 66 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2021-04 Determining The Disposition Of Tax Year 2012 Foreclosed Properties KIB/Marjorie Anderson, and KIB/Alfred Hansen Jr. And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. ORIGINATOR: Dora Cross RECOMMENDATION: Move to adopt Ordinance No. FY2021-04. DISCUSSION: This ordinance establishes the Borough's findings that a public need does not exist for the properties and classifies it as surplus. KIB Planning and Zoning Resolution No. FY2020-04 shows there is no public need for these properties. As surplus property, these properties could be made available for sale by the assembly at a later date. The properties were acquired by the Borough on October 29, 2014 through the tax year 2012 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. ALTERNATIVES: FISCAL IMPACT: None. OTHER INFORMATION: AGENDA ITEM #9.B. Ordinance No. FY2021-04 Determining The Disposition Of Tax Year 2012 For...Page 67 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-04 Page 1 of 3 Introduced by: Finance Director 1 Drafted by: Finance Director 2 Introduced on: 07/16/2020 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2021-04 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING 9 THE DISPOSITION OF A TAX FORECLOSED PROPERTY ACQUIRED BY CLERK’S DEED IN 10 2014 AND ESTABLISHING INTENTION TO SURPLUS AND SELL SAID PROPERTY BY 11 FINDING THAT A PUBLIC NEED DOES NOT EXIST FOR THE PROPERTY AND 12 AUTHORIZING THE PROPERTY FOR IMMEDIATE DISPOSAL (P&Z Case 20-003) 13 PLANNING AND ZONING RESOLUTION NO. FY2020-04. 14 15 WHEREAS, the Kodiak Island Borough acquired, by clerk’s deed in 2014 as a result of tax 16 foreclosure procedures, property described as: 17 18 A parcel located at Sunny Cove Spruce Island, Kodiak, AK, formerly owned by Marjorie 19 Anderson which is identified as KIB Parcel PID 17166, and by its LEGAL DESCRIPTION: LOT 20 THIRTY-SIX (36) SUNNY COVE SUBDIVISION, according to Plat No. 81-2, located in the Kodiak 21 Recording District, Third Judicial District, State of Alaska, as a result of the tax foreclosure 22 procedure; and 23 24 A parcel located at Elderberry Street Old Harbor, AK, formerly owned by Alfred Hansen, Jr. 25 which is identified as KIB Parcel PID 19779, and by its LEGAL DESCRIPTION: LOT SEVEN (7) 26 BLOCK NINE (9) TRACT E OLD HARBOR TOWNSITE USS 4793, according to Plat No. 84-53, 27 located in the Kodiak Recording District, Third Judicial District, State of Alaska, as a result of the 28 tax foreclosure procedure; and 29 30 WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states in part: 31 (a) The municipality shall determine by ordinance whether foreclosed property deeded to the 32 municipality shall be retained for a public purpose. The ordinance must contain the legal 33 description of the property, the address or a general description of the property sufficient to 34 provide the public with notice of its location, and the name of the last record owner of the property 35 as the name appears on the assessment rolls. 36 37 (b) Tax-foreclosed property conveyed to a municipality by tax foreclosure and not required for a 38 public purpose may be sold. Before the sale of tax-foreclosed property held for a public purpose, 39 the municipality, by ordinance, shall determine that a public need does not exist. The ordinance 40 must contain the information required under (a) of this section.; and 41 42 WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed this 43 tax foreclosed property as required by KIBC 18.10.030 and has made a formal recommendation 44 by resolution no. FY2020-04 on the parcel’s disposition by recommending that this property 45 should NOT be retained for a public purpose; and 46 AGENDA ITEM #9.B. Ordinance No. FY2021-04 Determining The Disposition Of Tax Year 2012 For...Page 68 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-04 Page 2 of 3 WHEREAS, the Kodiak Island Borough Manager has appointed the Finance Director to 47 oversee land sale with the vacant resource manager position: and 48 49 WHEREAS, the Kodiak Island Borough Finance Director has reviewed the Commission’s 50 action, as required by KIBC 18.10.030; and 51 52 WHEREAS, the Kodiak Island Borough Finance Director has recommended the tax-foreclosed 53 properties described as LOT THIRTY-SIX (36) SUNNY COVE SUBDIVISION, according to Plat 54 No. 81-2, located in the Kodiak Recording District, Third Judicial District, State of Alaska, LOT 55 SEVEN (7) BLOCK NINE (9) TRACT E OLD HARBOR TOWNSITE USS 4793, according to Plat 56 No. 84-53, located in the Kodiak Recording District, Third Judicial District, State of Alaska are 57 declared not to be of “public need” and be offered for immediate sale; and 58 59 WHEREAS, less than ten (10) years have elapsed since the expiration of the redemption period 60 of these parcels, thus the Borough is required to send a notice of the public hearing to the last 61 known address of the former record owner within five days of the first publication of notice of the 62 hearing on this ordinance. 63 64 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 65 BOROUGH THAT: 66 67 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 68 Kodiak Island Borough Code of Ordinances. 69 70 Section 2: That the parcel located at Sunny Cove Spruce Island, Kodiak, AK, and identified by 71 number 17166; Legal Description: LOT THIRTY-SIX (36) SUNNY COVE SUBDIVISION, 72 according to Plat No. 81-2, located in the Kodiak Recording District, Third Judicial District, State 73 of Alaska and formerly owned by Marjorie Anderson has been acquired by the Kodiak Island 74 Borough by clerk’s deed for delinquent property tax accounts for the year 2012 dated October 29, 75 2014, recorded as Document 2014-001709-0 in the Kodiak Recording District, State of Alaska, 76 Third Judicial District, pursuant to tax foreclosure, and it has been determined that a public need 77 does not exist to retain this property for Borough purposes, and the property will be sold at the 78 earliest opportunity to do so. 79 80 Section 3: That the parcel located at Elderberry Street Old Harbor, AK, and identified by number 81 19779; Legal Description: LOT SEVEN (7) BLOCK NINE (9) TRACT E OLD HARBOR 82 TOWNSITE USS 4793, according to Plat No. 84-53, located in the Kodiak Recording District, 83 Third Judicial District, State of Alaska and formerly owned by Alfred Hansen Jr. has been acquired 84 by the Kodiak Island Borough by clerk’s deed for delinquent property tax accounts for the year 85 2012 dated October 29, 2014, recorded as Document 2014-001709-0 in the Kodiak Recording 86 District, State of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has been 87 determined that a public need does not exist to retain this property for Borough purposes, and the 88 property will be sold at the earliest opportunity to do so. 89 90 AGENDA ITEM #9.B. Ordinance No. FY2021-04 Determining The Disposition Of Tax Year 2012 For...Page 69 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-04 Page 3 of 3 Section 4: The finance director is directed to offer the property immediately by sealed bid auction 91 and the highest bidder will take ownership. The parcel shall be considered sold when the bid is 92 accepted. 93 94 Section 5: The terms to be approved by the assembly are: Bidder is to enclose a 10% deposit 95 based on the minimum bid amount shown in the bid packet. The remaining balance must be paid 96 within thirty (30) days. The Assembly may, by resolution, provide for additional sale procedures 97 and terms. 98 99 Section 6: If the property remains unsold after being offered for sale by sealed bid, the property 100 may be listed online for sale to any approved party for at least the minimum cost. Any parcel sold 101 by this method will be considered sold when the Borough accepts an offer for the property. 102 103 Section 7: This ordinance shall become effective as provided in KIBC 1.10.040. 104 105 106 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 107 THIS __________ DAY OF _______________, 2020. 108 109 KODIAK ISLAND BOROUGH 110 ATTEST: 111 112 ___________________________ 113 Mayor William Roberts ___________________________ 114 Alise L. Rice, Clerk 115 VOTES: 116 Ayes: 117 Noes: 118 AGENDA ITEM #9.B. Ordinance No. FY2021-04 Determining The Disposition Of Tax Year 2012 For...Page 70 of 350 3 4 2 1 5 6 78910 11 12 13 14 16 15 17 18 19 21 20 22 23 24252627282930 31 32 33 34 35 36 37 Tract B T Tr Tract B Public Hearing Notice μ07501,500375 Feet Kodiak Island Borough GIS Case 20-003 Location Sunny Cove, Lot 36 Request a Tax Foreclosure property review Please reply by December 3, 2019, if you feel a property needs to be retained for public use. Legend Subject Parcel http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways AGENDA ITEM #9.B. Ordinance No. FY2021-04 Determining The Disposition Of Tax Year 2012 For...Page 71 of 350 10A8A129A6A7A121189106A7A8A9A6A75A4A3A2A1A 3A TRACT E54-12234311TRACT J-11013 215A4A3A2A1A12111075A4A3A12A6A4A3A2A1A 5A8928176541121195 78101A2TRACTE-1 Public Hearing Notice μ0490980245 Feet Kodiak Island Borough GIS Case 20-003 Location Old Harbor Tract E Block 9 Lot 7 Request a Tax Foreclosure property review. Please reply by December 3, 2019, if you feel a property needs to be retained for public use. Legend Subject Parcel http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways AGENDA ITEM #9.B. Ordinance No. FY2021-04 Determining The Disposition Of Tax Year 2012 For...Page 72 of 350 Introduced by:CDD Director Drafted by:COD Director introduced on:1/15/20 Adopted on:1/15/20 '5~ooo \ro~«u». x>mi~:-- KODIAK ISLANDBOROUGH PLANNINGANDZONING COMMISSION RESOLU‘l1ON NO.FY2020-04 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING ll COMMISSION RECOMMENDING TO THE KODIAK ISLAND BOROUGH ASSEMBLY THAT 12 THE PARCEL KNOWN AS ALEUTIAN BLOCK 1,LOT 4,BE RESERVED FOR FUTURE I3 PUBLIC USE BY THE CITY OF KODIAK AND THATTHE REMAININGTWENTY-SIX (26) I4 PARCELS IDENTIFIEDIN THE TABLE LABELLED ATTACHMENT A BE DECLARED NOT IS TO BE OF “PUBLIC NEED"ANDOFFERED AT A FUTURE KIB IAND SALE. I6 17 WHEREAS,KIBC 18.10.0130 states that upon acquisition of any real property.including real l8 property acquired by tax foreclosure,the planning commission shall review the newly acquired 19 land and make recommendations as to whether all or any portion of the land should he devoted 20 to the public use,reserved for future use to meet projected borough requirements,or made 21 available for sale,lease or other disposition in conformance to the borough comprehensive land 22 use plan ;and 23 . 24 EWHEREAS,KIBC 18.20.030.A slates that each disposal of borough land is subject to review by 25 the planning and zoning commission before submission to the assembly. 26 The commission by resolution shall make a recommendation to the assembly regarding the 27 proposed land disposal;and 7859 WHEREAS,at the regular planning and zoning meeting on December 18,2019,the commission 30 did review the 27 parcels presented to them by the KIB?nance department;and 32 WHEREAS,the commission approved the recommendations made by staff in the amended staff 33 report dated December 13.2019;and 34 35 WHEREAS,the commission now wishes to formalize those recommendations by resolution for 36 transmission to the assembly 37 38 NOW,THEREFORE,BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING 39 AND ZONINGCOMMISSIONthat 40 41 Section 1:THE PARCEL KNOWN AS ALEUTIANBLOCK 1,LOT 4,BE RESERVED FOR 42 FUTURE PUBLIC USE BY THE CITY OF KODIAK;and 43 44 ‘Section2:THE REMAININGTWENTY-SIX (26)PARCELS IDENTIFIEDIN THE TABLE 45 LAEELLEDATTACHMENTA BE DECLARED NOT TO BE OF “PUBLIC NEED" 46 AND OFFERED ATA FUTURE KIB LANDSALE. 47 ' 48 ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING ANDZONING COMMISSION Kodiak Island Borough,Alaska ResolutionNo.FY2020~04 Page 1 of 4 AGENDA ITEM #9.B. Ordinance No. FY2021-04 Determining The Disposition Of Tax Year 2012 For...Page 73 of 350 49 50 51 52 55 S7 58 59 60 62 63 THIS 15th DAY OF January,2020. PLANNINGANDZONING COMMISSION Dave Townsend.Chair VOTES: Ayes: Noes: ATTEST: EL;Eta Erin Welty.CDD Directo Kodiaklsiand Borough,Aiaska Resolu?on No.FY2020-O4 Page 2 of 4 AGENDA ITEM #9.B. Ordinance No. FY2021-04 Determining The Disposition Of Tax Year 2012 For...Page 74 of 350 64 65 66 67 68 69 70 ATTACHMENT A KODlAK URBANAREA 8:ROAD SYSTEM Elderberry Heights Bk 1 Lt 13 USS 3472 Lt 4 1619 Selief Ln. Legal Description Location U55 3098 Lot 26A 110 Bancroft Dr.Vacant U55 3100 Lot 11A 547 Carroll Way R2 Mobile Home Residence Aleutian BK1 Lt 47 I813 Thorshelm St.R1 Single Family Residence RR1 Single Family Residence Isthmus Bay U55 3472 Lt 11 isthmus Bay CN Single Family Residence Vaca nt KODIAK ISLANDREMOTE: Legal Description Location Zoning Use Sunny Cove Lt 29 Spruce island RR1 Vacant I Sunny Cove Lot 36 Spruce island RR1 Vacant T:l0S RZSW Sec 30 SE 34NE V.SE V.Larsen Bay CN Vacant USS1891 Cape Karluk CN Vacant U55 1699 Shuyak island CN Recreation Cabin T315 R29W TL1404 Amook island CN Vacant ASLA92-100 Santa Flavia WH Vacant ASLA90-51 Tr A Boulder Bay WH Vacant ASLA90-S1 Tr B Boulder Bay WH Vacant ASLS87-157 Tr E Boulder Bay WH Vacant KODIAK ISLANDVILLAGES: Legal Description Location Zoning Use Dd Harbor'l'r E Bk9 Lt 7 Elderberry St.R1 Single Family Residence l T305 R29WSec 30 Easterly S25‘Uyak Bay CN Cabin Government Lot 5 Less SE‘/4NE>1 SE ‘,4Larsen Bay Larsen Bay Tr A Bk 17 Lt 3 First St.R1 Single Family Residence Old KarlukTr D Lt 16 Old Karluk R1 Vacant Karluk Bk 1 Lt 1 KarlukAve.R1 Single Family Residence Karluk Bk4 L12 KarlukAve.R1 Single Family Residence Port Lions Bk12 Lt 5 109 BirchDr,R1 Single Family Residence Port Lions 3"‘Bk2 Lt 7 216 Malina St.R1 Single Family Residence Kodiak island Borough.Alaska Resolution No.FY2020-04 Page 3 of 4 AGENDA ITEM #9.B. Ordinance No. FY2021-04 Determining The Disposition Of Tax Year 2012 For...Page 75 of 350 73 SUBMERGED PROPERTSES: Lea!Descriptidn J Old KarlukTrD u 5 cm Kariuk uss 82 7 KarlukRiver 74 ! l ! ‘Kodiak Island Borough,Alaska Resolution No.FY2020-04 Page 4 of 4 i AGENDA ITEM #9.B. Ordinance No. FY2021-04 Determining The Disposition Of Tax Year 2012 For...Page 76 of 350 2014-001709-0 Recording District 303 Kodiak 11/07/2014 02:00 PM Page 1 of 4 iiiiiliIiiillliilli| lliliililiilililillliiilliiii|| i|i|||i|ii|i|i|i| iiIlilliliiliiillillIii COVER PAGE CLERK'S DEED In Re:Delinquent Real Property Tax Accounts for the Year 2012 and Prior Years In the Kodiak Island Borough 3K0-1 3-O0144Cl Third Judicial District After Recording Return to: Revenue Accountant Kodiak Island Borough 710 Mill Bay Road Kodiak,AK 99615 DO NOT DETACH AGENDA ITEM #9.B. Ordinance No. FY2021-04 Determining The Disposition Of Tax Year 2012 For...Page 77 of 350 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KODIAK I In Re:Delinquent Real Property Tax Accounts for the Year 2012 and Prior Years in the Kodiak Island Borough,a Petitioner,Case No.3KO—13-00144 Cl 9.‘-_E,'3I$’:;-=-DE-I-EP-i In the matter of the Foreclosure Lists by the Kodiak Island Borough for delinque ntItaxesforTaxYear2012; I The liens "having been foreclosed by judgment and decree of the Superior Court 2 dated July 13,2013: The properties described below,remain unredeemed after the expiration of the iredemptionperiod prescribed by law;and Notice of the expiration of the redempti_on ‘period having been given as Page 2 of 42014—001709—O I 5prescribed by law; I,J.Suzanne dowley,Clerk of Court for the State of Alaska,Third Judicial Districtat Kodiak,pursuant to AS 2945.440 and the order of the Superior Court in this Igrgaction,hereby convey to the Kodiak Island Borough of 710 MillBay Road,Kodiak, LEVESQUE LAW GROUP,LLC 3380 C Street. Suite 202 Anchorage,AK 99503-—in the Kodiak Recording District,Third JudicialDistrict,State of Alaska: :a“_(’:"2‘:)7.6'i?9‘f’o‘§:.,‘57ANDERSON,..MARJ:ORIE,Property ID #:17166 Lot 36 Sunny Cove Subdivision,according to Plat No.81-2,located in the Kodiak Recording District,Third Judicial District,State of Alaska Clerk’s Deed Page 1 of 3 I-InRe:Delinquent Real Property Tax Accounts for the Year 2012,3KO—13-00144C|;. Alaska 99615,all right,title,and interest in the following described real property situate d}? AGENDA ITEM #9.B. Ordinance No. FY2021-04 Determining The Disposition Of Tax Year 2012 For...Page 78 of 350 Page 3 of 42014-001709-0 LEVESQUE LAW GROUP,LLC 3380 C Street. Suite 202 Anchorage,AK 99503 Ph:907-261-8935 Fax:206-309-0667 3 ROZELLE,RICK Clerk's Deed In Re:Delinquent Real Property Tax Accounts for the Year 2012,3K0-13-00144Cl HANSEN,JR.ALFRED Property ID #:19779 Lot 7 Block Q Tract E Old Harbor Townsite USS 4793,according to Plat No.8463,located in the Kodiak Recording District,Third Judicial District, State of Alaska. NELSON ROBERT TRACIE Property ID #:20336 Lot 5 Block 12 Port Lions,Alaska Subdivision,according to Plat No.65- 12,located in the Kodiak Recording District,Third Judicial District.State of Alaska. PANAMARIOFF ADA &SUSAN Property ID #:14279 Lot 4 Block 1 AleutianHomes Inc.Subdivision,according to Plat No.74-9, located in the Kodiak Recording District,Third Judicial District,State of Alaska. PESTRl_KQ_FFMITCHELL Property ID #:19679 Lot 11 Block 2 Tract A Old Harbor Townsite U.S.Survey No.4793, according to Plat No.69-5,located in the Kodiak Recording District.Third Judicial District,State of Alaska. PE_STR|K0_FE.MlT3C,HE;LL,Property lD #:19700 Lot 10 Block2 Tract A Old Harbor Townsite US Survey No.4793, according to Plat No.69-5,located in the Kodiak Recording District,Third Judicial District,State of Alaska. Property ID #:19711 Lot 4A Block 3A Tract F Old Harbor Townsite USS 4793,according to Plat No.78-6,located in the Kodiak Recording District,Third Judicial District, State of Alaska. IN WITNESS WHEREOF,I have hereuntosetrny hand the seal of the Trial /1 .7:/2 1 .1 ' Courts for the State of Alaska,Third JudicielDistrictthis 2 7 day of_V ,2014 , I V L",7C,éL..(,L./3}CU ~\. J.Suzanne C/owley,Clerk of y V for the State OfAlaska,Third Judicial \’‘ District at Kodiak, }5,, per order of the Court dated /5 1 ,2014 Page 2 of AGENDA ITEM #9.B. Ordinance No. FY2021-04 Determining The Disposition Of Tax Year 2012 For...Page 79 of 350 THIRD JUDICIAL DISTRICT ) A A» a /=, 2 «g D puty Cler of Court ‘ I A‘ g \ 4‘<9? »“Pu --,\r_QuQ_<§ue_ -' ‘;.':.«'§i2é.i't':*f‘,s;.‘rrwzgy .-n\ 3 _ A.m._1g>.1;3e€iLs/ LEVESQUELAW A V GROUP,LLC 1 3380 C Streat, Suite 202 _.1 Anchorage,AK 99503 . _ Phaajori-:s1_~ss;5» Fax:'20§«3GE¥a0.5§‘f: Z_ ‘1 ‘Ill:|l|:|\|M|11|H|||?|V|WllWllllllllilllmlvI?|1\l| \1|H|V||l|\|\||l|\I»Page 4 of 4 2014-001709—0 C|erk’s Deed P.a.g_e;‘3of‘3 In Re:Delinquent Real Property Tax Accounts for the Year 2012,3KO—13~OO144C| ACKNOWLEDGEMENT STATEOF ALASKA ) )$_“si: AGENDA ITEM #9.B. Ordinance No. FY2021-04 Determining The Disposition Of Tax Year 2012 For...Page 80 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2021-05 Determining The Disposition Of Tax Year 2014 Foreclosed Properties KIB/Edwina Mae Anderson, And KIB/Charles F. Lorenson, Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. ORIGINATOR: Dora Cross RECOMMENDATION: Move to adopt Ordinance No. FY2021-05. DISCUSSION: This ordinance establishes the Borough's findings that a public need does not exist for the properties and classifies it as surplus. KIB Planning and Zoning Resolution No. FY2020-04 shows there is no public need for these properties. As surplus property, these properties could be made available for sale by the assembly at a later date. The properties were acquired by the Borough on August 08, 2017 through the tax year 2014 foreclosure process. The acquisition of this property followed both the Borough a nd State of Alaska codes regarding the foreclosure process. ALTERNATIVES: FISCAL IMPACT: None. OTHER INFORMATION: AGENDA ITEM #9.C. Ordinance No. FY2021-05 Determining The Disposition Of Tax Year 2014 For...Page 81 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-05 Page 1 of 3 Introduced by: Finance Director 1 Drafted by: Finance Director 2 Introduced on: 07/16/2020 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2021-05 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING 9 THE DISPOSITION OF A TAX FORECLOSED PROPERTY ACQUIRED BY CLERK’S DEED IN 10 2017 AND ESTABLISHING INTENTION TO SURPLUS AND SELL SAID PROPERTY BY 11 FINDING THAT A PUBLIC NEED DOES NOT EXIST FOR THE PROPERTY AND 12 AUTHORIZING THE PROPERTY FOR IMMEDIATE DISPOSAL (P&Z Case 20-003) 13 PLANNING AND ZONING RESOLUTION NO. FY2020-04. 14 15 WHEREAS, the Kodiak Island Borough acquired, by clerk’s deed in 2017 as a result of tax 16 foreclosure procedures, property described as: 17 18 A parcel located at Sunny Cove Spruce Island, Kodiak, AK, formerly owned by Edwina Mae 19 Anderson which is identified as KIB Parcel PID 17159, and by its LEGAL DESCRIPTION: LOT 20 TWENTY-NINE (29) SUNNY COVE SUBDIVISION, a portion of UNITED STATES SURVEY NO 21 1671, according to Plat No. 81-2, located in the Kodiak Recording District, Third Judicial District, 22 State of Alaska, as a result of the tax foreclosure procedure; and 23 24 A parcel located at 547 Carrol Way, Kodiak, AK, formerly owned by Charles F. Lorenson. which 25 is identified as KIB Parcel PID 22636, and by its LEGAL DESCRIPTION: LOT ELEVEN “A” 26 (11A), BLOCK THREE (3), UNITED STATE SURVEY NO. 3100, according to Plat No. 2009-9, 27 located in the Kodiak Recording District, Third Judicial District, State of Alaska, as a result of the 28 tax foreclosure procedure; and 29 30 WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states in part: 31 (a) The municipality shall determine by ordinance whether foreclosed property deeded to the 32 municipality shall be retained for a public purpose. The ordinance must contain the legal 33 description of the property, the address or a general description of the property sufficient to 34 provide the public with notice of its location, and the name of the last record owner of the property 35 as the name appears on the assessment rolls. 36 37 (b) Tax-foreclosed property conveyed to a municipality by tax foreclosure and not required for a 38 public purpose may be sold. Before the sale of tax-foreclosed property held for a public purpose, 39 the municipality, by ordinance, shall determine that a public need does not exist. The ordinance 40 must contain the information required under (a) of this section.; and 41 42 WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed this 43 tax foreclosed property as required by KIBC 18.10.030 and has made a formal recommendation 44 AGENDA ITEM #9.C. Ordinance No. FY2021-05 Determining The Disposition Of Tax Year 2014 For...Page 82 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-05 Page 2 of 3 by resolution no. FY2020-04 on the parcel’s disposition by recommending that this property 45 should NOT be retained for a public purpose; and 46 47 WHEREAS, the Kodiak Island Borough Manager has appointed the Finance Director to 48 oversee land sale with the vacant resource manager position: and 49 50 WHEREAS, the Kodiak Island Borough Finance Director has reviewed the Commission’s 51 action, as required by KIBC 18.10.030; and 52 53 WHEREAS, the Kodiak Island Borough Finance Director has recommended the tax-foreclosed 54 properties described as LOT TWENTY-NINE (29) SUNNY COVE SUBDIVISION, a portion of 55 UNITED STATES SURVEY NO 1671, according to Plat No. 81-2, located in the Kodiak Recording 56 District, Third Judicial District, State of Alaska, LOT ELEVEN “A” (11A), BLOCK THREE (3), 57 UNITED STATE SURVEY NO. 3100, according to Plat No. 2009-9, located in the Kodiak 58 Recording District, Third Judicial District, State of Alaska, are declared not to be of “public need” 59 and be offered for immediate sale; and 60 61 WHEREAS, less than ten (10) years have elapsed since the expiration of the redemption period 62 for these parcels, thus the Borough is required to send a notice of the public hearing to the last 63 known address of the former record owner within five days of the first publication of notice of the 64 hearing on this ordinance. 65 66 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 67 BOROUGH THAT: 68 69 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 70 Kodiak Island Borough Code of Ordinances. 71 72 Section 2: That the parcel located at Sunny Cove, Spruce Island, Kodiak, AK, and identified by 73 number 17159; Legal Description: LOT TWENTY-NINE (29) SUNNY COVE SUBDIVISION, a 74 portion of UNITED STATES SURVEY NO. 1671, according to Plat No. 81-2, located in the Kodiak 75 Recording District, Third Judicial District, State of Alaska and formerly owned by Alfred Hansen 76 Jr. has been acquired by the Kodiak Island Borough by clerk’s deed for delinquent property tax 77 accounts for the year 2014 dated August 8, 2017, recorded as Document 2017-001269-0 in the 78 Kodiak Recording District, State of Alaska, Third Judicial District, pursuant to tax foreclosure, and 79 it has been determined that a public need does not exist to retain this property for Borough 80 purposes, and the property will be sold at the earliest opportunity to do so. 81 82 Section 3: That the parcel located at 547 Carroll Way, Kodiak, AK, and identified by number 83 22636; Legal Description: LOT ELEVEN “A” (11A), BLOCK THREE (3), UNITED STATE 84 SURVEY NO. 3100, according to Plat No. 2009-9, located in the Kodiak Recording District, Third 85 Judicial District, State of Alaska and formerly owned by Charles F. Lorenson has been acquired 86 by the Kodiak Island Borough by clerk’s deed for delinquent property tax accounts for the year 87 2014 dated August 8, 2017, recorded as Document 2017-001269-0 in the Kodiak Recording 88 District, State of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has been 89 AGENDA ITEM #9.C. Ordinance No. FY2021-05 Determining The Disposition Of Tax Year 2014 For...Page 83 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-05 Page 3 of 3 determined that a public need does not exist to retain this property for Borough purposes, and the 90 property will be sold at the earliest opportunity to do so. 91 92 Section 4: The finance director is directed to offer the property immediately by sealed bid auction 93 and the highest bidder will take ownership. The parcel shall be considered sold when the bid is 94 accepted. 95 96 Section 5: The terms to be approved by the assembly are: Bidder is to enclose a 10% deposit 97 based on the minimum bid amount shown in the bid packet. The remaining balance must be paid 98 within thirty (30) days. The Assembly may, by resolution, provide for additional sale procedures 99 and terms. 100 101 102 Section 6: If the property remains unsold after being offered for sale by sealed bid, the property 103 may be listed online for sale to any approved party for at least the minimum cost. Any parcel sold 104 by this method will be considered sold when the Borough accepts an offer for the property. 105 106 Section 7: This ordinance shall become effective as provided in KIBC 1.10.040. 107 108 109 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 110 THIS __________ DAY OF _______________, 2020. 111 112 KODIAK ISLAND BOROUGH 113 ATTEST: 114 115 ___________________________ 116 Mayor William Roberts ___________________________ 117 Alise L. Rice, Clerk 118 VOTES: 119 Ayes: 120 Noes: 121 AGENDA ITEM #9.C. Ordinance No. FY2021-05 Determining The Disposition Of Tax Year 2014 For...Page 84 of 350 3 4 2 1 5 6 78910 11 12 13 14 16 15 17 18 19 21 20 22 23 24252627282930 31 32 33 34 35 36 37 Tract B T Tr Tract B Public Hearing Notice μ07501,500375 Feet Kodiak Island Borough GIS Case 20-003 Location Sunny Cove, Lot 29 Request a Tax Foreclosure property review Please reply by December 3, 2019, if you feel a property needs to be retained for public use. Legend Subject Parcel http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways AGENDA ITEM #9.C. Ordinance No. FY2021-05 Determining The Disposition Of Tax Year 2014 For...Page 85 of 350 1718A1A12C11A10 A 10 B10C10D10E9D 8A 11314151 6 7 8 21 1234 1617181922TR A 4211211109877 8 9 10 11 12 13 17A-118 19 20 12 B 1 2 A 11B11C11D1B 209C 9A 9B !(3 !(2 3201324032273269328132843315333754 6 55 8 57 0 3260 54 3 56 5 55 53 6 53 1 326652 2 53 4 3265325832543248433333321332733133305353600358035623 5 4 8 30 32623218325232803300321433 2 5 3 54 7 55 9 57 1 32593251 32472433255 323932433255Sharatin RoadSpruce Cape RoadTona Lane U n k n o w n Whilton White WayPe r e z W a y K a t m a i Drive C a r r o l l W a y Public Hearing Notice μ0220440110 Feet Kodiak Island Borough GIS Case 20-003 Location USS 3100 LT 11A 547 Carroll Way Request a Tax Foreclosure property review. Please reply by December 3, 2019, if you feel a property needs to be retained for public use. Legend Subject Parcel http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways AGENDA ITEM #9.C. Ordinance No. FY2021-05 Determining The Disposition Of Tax Year 2014 For...Page 86 of 350 2017—001269——0 Recording District303 Kodiak 08/22/2U1712:19PM Page 1 of 4 iilllillillllillllllllillllllllllllllI1| lllllllllIllIllIlllllillllllllllllillllllllIIii COVER PAGE '}>7(E.l)3>'|”Zt> CLERK'SDEED In Re:Delinguent Progerty Tax Accounts for the Year 2014 and Prior Years in the Kodiak island Borough 3K0-15-00046 Cl Third Judicial District at Kodiak,Alaska For recording in the Kodiak Recording District Third Judicial District,State of Alaska After Recording Return to: KODIAK ISLAND BOROUGH Attn:Revenue Accountant 710 Mill Bay Road Kodiak,AK 99615 DO NOT DETACH AGENDA ITEM #9.C. Ordinance No. FY2021-05 Determining The Disposition Of Tax Year 2014 For...Page 87 of 350 AGENDA ITEM #9.C. Ordinance No. FY2021-05 Determining The Disposition Of Tax Year 2014 For...Page 88 of 350 AGENDA ITEM #9.C. Ordinance No. FY2021-05 Determining The Disposition Of Tax Year 2014 For...Page 89 of 350 AGENDA ITEM #9.C. Ordinance No. FY2021-05 Determining The Disposition Of Tax Year 2014 For...Page 90 of 350 Introduced by:CDD Director Drafted by:COD Director introduced on:1/15/20 Adopted on:1/15/20 '5~ooo \ro~«u». x>mi~:-- KODIAKISLANDBOROUGH PLANNINGANDZONING COMMISSION RESOLU‘l1ON NO. FY2020-04 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING ll COMMISSION RECOMMENDINGTO THE KODIAKISLAND BOROUGH ASSEMBLY THAT 12 THE PARCEL KNOWN AS ALEUTIAN BLOCK 1,LOT 4,BE RESERVED FOR FUTURE I3 PUBLIC USE BY THE CITYOF KODIAK AND THATTHE REMAININGTWENTY-SIX(26) I4 PARCELS IDENTIFIEDINTHE TABLE LABELLEDATTACHMENT A BE DECLARED NOT IS TO BE OF “PUBLIC NEED"ANDOFFERED AT A FUTURE KIB IAND SALE. I6 17 WHEREAS,KIBC 18.10.0130states that upon acquisition of any real property.including real l8 property acquired by tax foreclosure,the planning commission shall review the newly acquired 19 land and make recommendations as to whether all or any portion of the land should he devoted 20 to the public use,reserved for future use to meet projected borough requirements,or made 21 available for sale,lease or other disposition in conformance to the borough comprehensive land 22 use plan ;and 23 . 24 EWHEREAS, KIBC 18.20.030.A slates that each disposal of borough land is subject to review by 25 the planning and zoning commission before submission to the assembly. 26 The commission by resolution shall make a recommendation to the assembly regarding the 27 proposed land disposal;and 7859 WHEREAS, at the regular planning and zoning meeting on December 18, 2019,the commission 30 did review the 27 parcels presented to them by the KIB?nance department;and 32 WHEREAS,the commission approved the recommendations made by staff in the amended staff 33 report dated December 13.2019;and 34 35 WHEREAS,the commission now wishes to formalize those recommendations by resolution for 36 transmission to the assembly 37 38 NOW,THEREFORE,BE IT RESOLVED BY THE KODIAKISLANDBOROUGH PLANNING 39 AND ZONINGCOMMISSIONthat 40 41 Section 1: THE PARCEL KNOWN AS ALEUTIANBLOCK1,LOT 4,BE RESERVED FOR 42 FUTURE PUBLIC USE BYTHE CITY OF KODIAK;and 43 44 ‘Section2:THE REMAININGTWENTY-SIX (26) PARCELS IDENTIFIEDIN THE TABLE 45 LAEELLEDATTACHMENTA BE DECLARED NOTTO BE OF “PUBLIC NEED" 46 AND OFFERED ATA FUTURE KIBLANDSALE. 47 ' 48 ADOPTED BYTHE KODIAKISLAND BOROUGH PLANNING ANDZONING COMMISSION Kodiak Island Borough,Alaska ResolutionNo.FY2020~04 Page 1 of 4 AGENDA ITEM #9.C. Ordinance No. FY2021-05 Determining The Disposition Of Tax Year 2014 For...Page 91 of 350 49 50 51 52 55 S7 58 59 60 62 63 THIS 15th DAY OF January,2020. PLANNINGANDZONINGCOMMISSION Dave Townsend.Chair VOTES: Ayes: Noes: ATTEST: EL;Eta Erin Welty.CDD Directo Kodiaklsiand Borough,Aiaska Resolu?on No.FY2020-O4 Page 2 of 4 AGENDA ITEM #9.C. Ordinance No. FY2021-05 Determining The Disposition Of Tax Year 2014 For...Page 92 of 350 64 65 66 67 68 69 70 ATTACHMENT A KODlAK URBANAREA 8:ROAD SYSTEM Elderberry Heights Bk 1 Lt 13 USS3472 Lt 4 1619 Selief Ln. Legal Description Location U55 3098 Lot 26A 110 Bancroft Dr.Vacant U55 3100 Lot 11A 547 Carroll Way R2 Mobile Home Residence Aleutian BK1 Lt 47 I813 Thorshelm St. R1 Single Family Residence RR1 Single Family Residence Isthmus Bay U55 3472 Lt 11 isthmus Bay CN Single Family Residence Vaca nt KODIAK ISLANDREMOTE: Legal Description Location Zoning Use Sunny Cove Lt 29 Spruce island RR1 Vacant I Sunny Cove Lot 36 Spruce island RR1 Vacant T:l0S RZSWSec 30 SE 34NEV.SE V.Larsen Bay CN Vacant USS1891 Cape Karluk CN Vacant U55 1699 Shuyak island CN Recreation Cabin T315 R29W TL1404 Amook island CN Vacant ASLA92-100 Santa Flavia WH Vacant ASLA90-51 Tr A Boulder Bay WH Vacant ASLA90-S1 Tr B Boulder Bay WH Vacant ASLS87-157 Tr E Boulder Bay WH Vacant KODIAK ISLANDVILLAGES: Legal Description Location Zoning Use Dd Harbor'l'r E Bk9 Lt 7 Elderberry St.R1 Single Family Residence l T305 R29WSec 30 Easterly S25‘Uyak Bay CN Cabin Government Lot5 LessSE‘/4NE>1 SE ‘,4Larsen Bay Larsen Bay Tr A Bk 17 Lt 3 First St.R1 Single Family Residence OldKarlukTr D Lt 16 Old Karluk R1 Vacant Karluk Bk 1 Lt 1 KarlukAve.R1 Single Family Residence Karluk Bk4 L12 KarlukAve.R1 Single Family Residence Port Lions Bk12 Lt5 109 BirchDr,R1 Single Family Residence Port Lions 3"‘Bk2 Lt 7 216 Malina St.R1 Single Family Residence Kodiakisland Borough. Alaska Resolution No. FY2020-04 Page 3 of 4 AGENDA ITEM #9.C. Ordinance No. FY2021-05 Determining The Disposition Of Tax Year 2014 For...Page 93 of 350 73 SUBMERGEDPROPERTSES: Lea!Descriptidn J OldKarlukTrD u 5 cm Kariuk uss 82 7 KarlukRiver 74 ! l ! ‘Kodiak Island Borough,Alaska ResolutionNo.FY2020-04 Page 4 of 4 i AGENDA ITEM #9.C. Ordinance No. FY2021-05 Determining The Disposition Of Tax Year 2014 For...Page 94 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 Foreclosed Properties KIB/ Joseph David Henderson Etal, (Two Properties) KIB/Joan Denise Lucas, KIB/Lydia Tania-Bird Malutin, And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. ORIGINATOR: Dora Cross RECOMMENDATION: Move to adopt Ordinance No. FY2021-06. DISCUSSION: This ordinance establishes the Borough's findings that a public need does not exist for the properties and classifies it as surplus. KIB Planning and Zoning Resolution No. FY2020-04 shows there is no public need for these properties. As surplus property, these properties could be made available for sale by the assembly at a later date. The properties were acquired by the Borough on February 12, 2018 through the tax year 2015 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. ALTERNATIVES: FISCAL IMPACT: None. OTHER INFORMATION: AGENDA ITEM #9.D. Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 For...Page 95 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-06 Page 1 of 4 Introduced by: Finance Director 1 Drafted by: Finance Director 2 Introduced on: 07/16/2020 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2021-06 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING 9 THE DISPOSITION OF A TAX FORECLOSED PROPERTY ACQUIRED BY CLERK’S DEED IN 10 2018 AND ESTABLISHING INTENTION TO SURPLUS AND SELL SAID PROPERTY BY 11 FINDING THAT A PUBLIC NEED DOES NOT EXIST FOR THE PROPERTY AND 12 AUTHORIZING THE PROPERTY FOR IMMEDIATE DISPOSAL (P&Z Case 20-003) 13 PLANNING AND ZONING RESOLUTION NO. FY2020-04. 14 15 WHEREAS, the Kodiak Island Borough acquired, by clerk’s deed in 2018 as a result of tax 16 foreclosure procedures, property described as: 17 18 A parcel located at 39422 Chiniak Hwy, Chiniak, AK, formerly owned by Joseph David 19 Henderson and Sara Anne Henderson, which is identified as KIB Parcel PID 18222, and by its 20 LEGAL DESCRIPTION: LOT FOUR (4), UNITED STATES SURVEY NO. 3472, according to the 21 original Plat thereof, located in the Kodiak Recording District, Third Judicial District, State of 22 Alaska, as a result of the tax foreclosure procedure; and 23 24 A parcel located at Chiniak Hwy, Chiniak, AK, formerly owned by Joseph David Henderson and 25 Sara Anne Henderson, which is identified as KIB Parcel PID 23306, and by its LEGAL 26 DESCRIPTION: LOT ELEVEN (11), UNITED STATES SURVEY NO.3472, according to the 27 original Plat thereof, located in the Kodiak Recording District, Third Judicial District, State of 28 Alaska, as a result of the tax foreclosure procedure; and 29 30 A parcel located at Uyak Bay, Larsen Bay, AK, formerly owned by Joan Denise Lucas, which is 31 identified as KIB Parcel PID 18204, and by its LEGAL DESCRIPTION: THE EASTERLY FIVE 32 HUNDRED TWENTY-FIVE (525) FEET OF GOVERNMENT LOT FIVE (5) WITHIN SECTION 30, 33 TOWNSHIP 30 SOUTH, RANGE 29 WEST, SEWARD MERIDIAN, according to the original Plat 34 thereof, located in the Kodiak Recording District, Third Judicial District, State of Alaska, as a result 35 of the tax foreclosure procedure; and 36 37 A parcel located at Karluk, AK, formerly owned by Lydia Tania-Bird Malutin, which is identified 38 as KIB Parcel PID 19806, and by its LEGAL DESCRIPTION: LOT ONE (1), BLOCK ONE (1), 39 KARLUK SUBDIVISION, according to under Plat No. 78-16, located in the Kodiak Recording 40 District, Third Judicial District, State of Alaska, as a result of the tax foreclosure procedure; and 41 42 WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states in part: 43 (a) The municipality shall determine by ordinance whether foreclosed property deeded to the 44 municipality shall be retained for a public purpose. The ordinance must contain the legal 45 AGENDA ITEM #9.D. Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 For...Page 96 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-06 Page 2 of 4 description of the property, the address or a general description of the property sufficient to 46 provide the public with notice of its location, and the name of the last record owner of the property 47 as the name appears on the assessment rolls. 48 49 (b) Tax-foreclosed property conveyed to a municipality by tax foreclosure and not required for a 50 public purpose may be sold. Before the sale of tax-foreclosed property held for a public purpose, 51 the municipality, by ordinance, shall determine that a public need does not exist. The ordinance 52 must contain the information required under (a) of this section.; and 53 54 WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed this 55 tax foreclosed property as required by KIBC 18.10.030 and has made a formal recommendation 56 by resolution no. FY2020-04 on the parcel’s disposition by recommending that this property 57 should NOT be retained for a public purpose; and 58 59 WHEREAS, the Kodiak Island Borough Manager has appointed the Finance Director to 60 oversee land sale with the vacant resource manager position: and 61 62 WHEREAS, the Kodiak Island Borough Finance Director has reviewed the Commission’s 63 action, as required by KIBC 18.10.030; and 64 65 WHEREAS, the Kodiak Island Borough Finance Director has recommended the tax-foreclosed 66 properties described as, LOT FOUR (4), UNITED STATES SURVEY NO. 3472, according to the 67 original Plat thereof, located in the Kodiak Recording District, Third Judicial District, State of 68 Alaska, LOT ELEVEN (11), UNITED STATES SURVEY NO.3472, according to the original Plat 69 thereof, located in the Kodiak Recording District, Third Judicial District, State of Alaska, THE 70 EASTERLY FIVE HUNDRED TWENTY-FIVE (525) FEET OF GOVERNMENT LOT FIVE (5) 71 WITHIN SECTION 30, TOWNSHIP 30 SOUTH, RANGE 29 WEST, SEWARD MERIDIAN, 72 according to the original Plat thereof, located in the Kodiak Recording District, Third Judicial 73 District, State of Alaska, and LOT ONE (1), BLOCK ONE (1), KARLUK SUBDIVISION, according 74 to under Plat No. 78-16, located in the Kodiak Recording District, Third Judicial District, State of 75 Alaska are declared not to be of “public need” and be offered for immediate sale; and 76 77 WHEREAS, less than ten (10) years have elapsed since the expiration of the redemption period 78 of these parcels, thus the Borough is required to send a notice of the public hearing to the last 79 known address of the former record owner within five days of the first publication of notice of the 80 hearing on this ordinance. 81 82 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 83 BOROUGH THAT: 84 85 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 86 Kodiak Island Borough Code of Ordinances. 87 88 Section 2: That the parcel located at 39422 Chiniak Hwy Chiniak, AK and identified by number 89 18222; Legal Description: LOT FOUR (4), UNITED STATES SURVEY NO. 3472, according to 90 AGENDA ITEM #9.D. Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 For...Page 97 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-06 Page 3 of 4 the original Plat thereof, located in the Kodiak Recording District, Third Judicial District, State of 91 Alaska and formerly owned by Joseph David Henderson and Sara Anne Henderson has been 92 acquired by the Kodiak Island Borough by clerk’s deed for delinquent property tax accounts for 93 the year 2015 dated February 12, 2018, recorded as Document 2018-000359-0 in the Kodiak 94 Recording District, State of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has 95 been determined that a public need does not exist to retain this property for Borough purposes, 96 and the property will be sold at the earliest opportunity to do so. 97 98 Section 3: That the parcel located at Chiniak Hwy, Chiniak, AK, and identified by number 23306; 99 Legal Description: LOT ELEVEN (11), UNITED STATES SURVEY NO.3472, according to the 100 original Plat thereof, located in the Kodiak Recording District, Third Judicial District, State of 101 Alaska and formerly owned by Joseph David Henderson and Sara Anne Henderson has been 102 acquired by the Kodiak Island Borough by clerk’s deed for delinquent property tax accounts for 103 the year 2015 dated February 12, 2018, recorded as Document 2018-000359-0 in the Kodiak 104 Recording District, State of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has 105 been determined that a public need does not exist to retain this property for Borough purposes, 106 and the property will be sold at the earliest opportunity to do so. 107 108 Section 4: That the parcel located at Uyak Bay, Larsen Bay, AK, and identified by number 18204; 109 Legal Description: THE EASTERLY FIVE HUNDRED TWENTY-FIVE (525) FEET OF 110 GOVERNMENT LOT FIVE (5) WITHIN SECTION 30, TOWNSHIP 30 SOUTH, RANGE 29 111 WEST, SEWARD MERIDIAN, according to the original Plat thereof, located in the Kodiak 112 Recording District, Third Judicial District, State of Alaska and formerly owned by Joan Denise 113 Lucas has been acquired by the Kodiak Island Borough by clerk’s deed for delinquent property 114 tax accounts for the year 2015 dated February 12, 2018, recorded as Document 2018-000359-0 115 in the Kodiak Recording District, State of Alaska, Third Judicial District, pursuant to tax 116 foreclosure, and it has been determined that a public need does not exist to retain this property 117 for Borough purposes, and the property will be sold at the earliest opportunity to do so. 118 119 Section 5: That the parcel located at Karluk, AK, and identified by number 19806; Legal 120 Description: LOT ONE (1), BLOCK ONE (1), KARLUK SUBDIVISION, according to under Plat 121 No. 78-16 , located in the Kodiak Recording District, Third Judicial District, State of Alaska and 122 formerly owned by Malutin, Lydia Tania-Bird has been acquired by the Kodiak Island Borough by 123 clerk’s deed for delinquent property tax accounts for the year 2015 dated February 12, 2018, 124 recorded as Document 2018-000359-0 in the Kodiak Recording District, State of Alaska, Third 125 Judicial District, pursuant to tax foreclosure, and it has been determined that a public need does 126 not exist to retain this property for Borough purposes, and the property will be sold at the earliest 127 opportunity to do so. 128 129 Section 6: The finance director is directed to offer the property immediately by sealed bid auction 130 and the highest bidder will take ownership. The parcel shall be considered sold when the bid is 131 accepted. 132 133 Section 7: The terms to be approved by the assembly are: Bidder is to enclose a 10% deposit 134 based on the minimum bid amount shown in the bid packet. The remaining balance must be paid 135 AGENDA ITEM #9.D. Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 For...Page 98 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-06 Page 4 of 4 within thirty (30) days. The Assembly may, by resolution, provide for additional sale procedures 136 and terms. 137 138 139 Section 8: If the property remains unsold after being offered for sale by sealed bid, the property 140 may be listed online for sale to any approved party for at least the minimum cost. Any parcel sold 141 by this method will be considered sold when the Borough accepts an offer for the property. 142 143 Section 9: This ordinance shall become effective as provided in KIBC 1.10.040. 144 145 146 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 147 THIS __________ DAY OF _______________, 2020. 148 149 KODIAK ISLAND BOROUGH 150 ATTEST: 151 152 ___________________________ 153 Mayor William Roberts ___________________________ 154 Alise L. Rice, Clerk 155 VOTES: 156 Ayes: 157 Noes: 158 AGENDA ITEM #9.D. Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 For...Page 99 of 350 C h iniak Highway Public Hearing Notice μ01,7003,400850 Feet Kodiak Island Borough GIS Case 20-003 Location USS 3472 LT 4 ISTHMUS BAY & USS 3472 LT 11 lSTHMUS BAY Chiniak Highway Request a Tax Foreclosure property review. Please reply by December 3, 2019, if you feel a property needs to be retained for public use. Legend Subject Parcels http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways AGENDA ITEM #9.D. Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 For...Page 100 of 350 PUBLIC RE SE RV E 8 TRACT C 2 1 7 6 5 4 3 10 111213 4PT 4PT 3 TRACT B 3 2 1 1 2 1A 12A 3A 8 7 5 4 3 2 9A 1A 4 5 67 8 9 10 11 8 7 6 5 4 3 2 1 8 765 1 2 34 12 5 6 5 4 3 2 1 43 2 1 12 13 14 1 5 3 2 1 2 11A 2 3 1A 5A-1 4A 3 2 2 1 2A 12 2 1 4 3 2 1 98 7654 3 2 1 1A 12 11 10 9 8 7 6 5 4 3 2 1 12 11 10 9 8 7 6 5 4 3 2 1 10 9 4 3 2 1 6 !(19 !(16 !(2 !(2 !(13 !(10 !(9 !(6 !(5 !(12 !(11 !(8 !(7 !(4 !(3 !(2 !(1 !(2 !(18 !(17 !(16 !(15 !(14 !(US S 36 1 !(US S 67 2 104 108 103105107102106108 101 103105107100 102 10510098 96 9492 97 9599201203 205207 204 208 200 202204 208300101201203205 207 208 204202200 300 302304 301305300304202206205 406208104108403407 402 406104103 500502504508 503507 606 602 608 601605705702708207206 210609705 102 101 103 806803902904906908910912 900914 903909 90810011003 1005 1007 10091002 1006100810101101 11031105 1107110911111106110211041106 11081110 1112120112031205 1207120912001202120412061208121013001304 1308 120112051209 1213Public Hearing Notice μ02,8005,6001,400 Feet Kodiak Island Borough GIS Case 20-003 Location T30S R29W SEC 30 EASTERLY 525' GOVT LOT 5 LESS SE1/4 NE1/4 SE 1/4LARSEN BAY Request a Tax Foreclosure property review. Please reply by December 3, 2019, if you feel a property needs to be retained for public use. Legend Subject Parcel http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways AGENDA ITEM #9.D. Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 For...Page 101 of 350 TR II TR I PT. US S 2 4 PT. US S 2 4 PA R C TR IV TR III PA R C E L C Public Hearing Notice μ07251,450362.5 Feet Kodiak Island Borough GIS Case 20-003 Location KARLUK Block 1 Lot 1 Request a Tax Foreclosure property review. Please reply by December 3, 2019, if you feel a property needs to be retained for public use. Legend Subject Parcel http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways AGENDA ITEM #9.D. Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 For...Page 102 of 350 2018 000359 0 ’ YEA KO 3>7<(n3>l_3> Recording District303 Kodiak 03l28l201811:49 AM Page 1 of 4 Iii|i|i||Illlliillilllililli|| i|||||||||||i||i|||i|l|||i|||li|||i|| illilillillillllllll||i| COVE PAGE CLERK’S DEED IN RE:DELIQUENT REAL PROPERTY TAX ACCOUNTS FOR THE YEAR 2015 AND PRIOR RS IN THE DIAK ISLAND BOROUGH 3K0-16-00055 Cl Third Judicial District at Kodiak,Alaska For recording in the Kodiak Recording District Third Judicial District,State of Alaska After Recordina Return to: LEVESQUE LAW GROUP,LLC 3380 C Street,Suite 202 Anchorage,AK 99503 AGENDA ITEM #9.D. Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 For...Page 103 of 350 AGENDA ITEM #9.D. Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 For...Page 104 of 350 ERICKSON.JENNIE AND HENDERSON SARA ANNE AND HENDERSON,SARA ANNE KA ,JOAN .D IIII\||*|l|!||\l|H?|l \l?ll?llili\||l||?! 1illlll?l|l|l!N|ll|li||| lf||||| 3380 C St.,#202Anchorage,AK 99503Ph:907-261-8935 |Fax:206-309-0667joe@levesquelawgroup.com C|erk’s Deed In Re:Delinquent Real Property Tax Accounts for the Year 2015,3KO-16—0O055C| 2015 Foreclosure List OS FSKY GALE Property ID #19872 LOT TEN (10),BLOCK TWO (2),TRACT “A”OF THE UNITED STATES SURVEY NO.4871,OUZINKIE TOWNSITE,according to Plat No.72-1, located in the Kodiak Recording District,Third Judicial District,State of Alaska. ERICKSON.WALTER D AND Property ID #19782 LOT 'lTNO (2),BLOCK TEN (10),TRACT OLD HARBOR TOWNSITE, UNITED STATES SURVEY NO.4793,according to Plat No.69-5,located in the Kodiak Recording District,Third Judicial District,State of Alaska. HENDERSON.JOSEPH DAVID Property ID #18222 LOT FOUR (4),UNITED STATES SURVEY NO.3472,according to the original Plat thereof,located in Kodiak Recording District,Third Judicial District,State of Alaska. HENDERSON.JOSEPH DAVID Property ID #23306 LOT ELEVEN (11),UNITED STATES SURVEY NO.3472,according to the original Plat thereof,located in Kodiak Recording District,Third Judicial District,State of Alaska. TELNIKOFF D AN SQUARTSOFF.ELDON S. Property ID #18204 THE EASTERLY FIVE HUNDRED T\NENTY—F|VE (525)FEET OF GOVERNMENT LOT FIVE (5)WITHIN SECTION 30,TOWNSHIP 30 SOUTH,RANGE 29 WEST,SEWARD MERIDIAN,according to the original Plat thereof,located in Kodiak Recording District,Third Judicial District, State of Alaska Page 3 of 4 2018—000359—0 Page 2 of 3 AGENDA ITEM #9.D. Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 For...Page 105 of 350 RD ,SUSAN K. .4/cc//L,/L/4.. Su ar?neCowley.Clerk r thglstateofAlaska,Th K0 Iak.per order of the Z.7 I 5 . llllWIH1IIHllW|\|| \lJ?li?\|l||l1|l|?||i \llll?lllllimlllllll /? ,,,., 2‘ ’L’‘cue, 15 F V of i3/1 ‘M1151!Ielclevk LUTIN LYDIA TANIA-BI Property ID #19806 LOT ONE (1),BLOCK (1),KARLUKSUBDIVISION,according to under Plat No.78-16,located in Kodiak Recording District,Third Judicial District,State of Alaska. ANAMARIOFF ADA L.AND Property ID #14279 LOT FOUR (4),BLOCK ONE (1),ALEUTIAN HOMES,INC.SUBDIVISION, according to under Plat No.74-9,located in Kodiak Recording District,Third Judicial,State of Alaska. IN WITNESS WHEREOF,I have hereunto set my hand the seal of the Trial J’) Courts for the State of Alaska,Third J this /2 day of February,2018 BY J.of Court 5 f0 ird Judicial District 0 at Court datedd2E D:8 3 ‘,1 8s§a3 5 %5;',g E: .3 <E 5E<0 a:—3 ACKNOWLEDGEMENT -1 2 3:2 3 B 3 2 3 §STATE OF ALASKA )Page 4°” En E§(16,))ss.2o1s—nooa59—o E '5 3 THIRD JUDICIAL DISTRICT ) —'TI _ 7 L 5 The foregoing instrument was acknowledged before me this /97 day 2018,by J.Suzanne Cowley,Clerk of Court for the State of Alaska,Third Judicial District at Kodiak.I"’3 I CEF'i/1T;l\|FLYET[)HT#\(§AOFTHEABOVE '3C,,';y :DEPOSITEDIN RIBUTIONARY °”a?E;';,;hke Deputy Clerk Court TO <;/};C.’i If,hgandczgnlcjlfine 0 K /i{,f:) C|erk’s Deed Page 3 of 3 In Re:Delinquent Real Property Tax Accounts for the Year 2015,3KO—16—00055C| FEB-5 2013 AGENDA ITEM #9.D. Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 For...Page 106 of 350 Introduced by:CDD Director Drafted by:COD Director introduced on:1/15/20 Adopted on:1/15/20 '5~ooo \ro~«u». x>mi~:-- KODIAK ISLANDBOROUGH PLANNINGANDZONING COMMISSION RESOLU‘l1ON NO.FY2020-04 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING ll COMMISSION RECOMMENDING TO THE KODIAK ISLAND BOROUGH ASSEMBLY THAT 12 THE PARCEL KNOWN AS ALEUTIAN BLOCK 1,LOT 4,BE RESERVED FOR FUTURE I3 PUBLIC USE BY THE CITY OF KODIAK AND THATTHE REMAININGTWENTY-SIX (26) I4 PARCELS IDENTIFIEDIN THE TABLE LABELLED ATTACHMENT A BE DECLARED NOT IS TO BE OF “PUBLIC NEED"ANDOFFERED AT A FUTURE KIB IAND SALE. I6 17 WHEREAS,KIBC 18.10.0130 states that upon acquisition of any real property.including real l8 property acquired by tax foreclosure,the planning commission shall review the newly acquired 19 land and make recommendations as to whether all or any portion of the land should he devoted 20 to the public use,reserved for future use to meet projected borough requirements,or made 21 available for sale,lease or other disposition in conformance to the borough comprehensive land 22 use plan ;and 23 . 24 EWHEREAS,KIBC 18.20.030.A slates that each disposal of borough land is subject to review by 25 the planning and zoning commission before submission to the assembly. 26 The commission by resolution shall make a recommendation to the assembly regarding the 27 proposed land disposal;and 7859 WHEREAS,at the regular planning and zoning meeting on December 18,2019,the commission 30 did review the 27 parcels presented to them by the KIB?nance department;and 32 WHEREAS,the commission approved the recommendations made by staff in the amended staff 33 report dated December 13.2019;and 34 35 WHEREAS,the commission now wishes to formalize those recommendations by resolution for 36 transmission to the assembly 37 38 NOW,THEREFORE,BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING 39 AND ZONINGCOMMISSIONthat 40 41 Section 1:THE PARCEL KNOWN AS ALEUTIANBLOCK 1,LOT 4,BE RESERVED FOR 42 FUTURE PUBLIC USE BY THE CITY OF KODIAK;and 43 44 ‘Section2:THE REMAININGTWENTY-SIX (26)PARCELS IDENTIFIEDIN THE TABLE 45 LAEELLEDATTACHMENTA BE DECLARED NOT TO BE OF “PUBLIC NEED" 46 AND OFFERED ATA FUTURE KIB LANDSALE. 47 ' 48 ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING ANDZONING COMMISSION Kodiak Island Borough,Alaska ResolutionNo.FY2020~04 Page 1 of 4 AGENDA ITEM #9.D. Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 For...Page 107 of 350 49 50 51 52 55 S7 58 59 60 62 63 THIS 15th DAY OF January,2020. PLANNINGANDZONING COMMISSION Dave Townsend.Chair VOTES: Ayes: Noes: ATTEST: EL;Eta Erin Welty.CDD Directo Kodiaklsiand Borough,Aiaska Resolu?on No.FY2020-O4 Page 2 of 4 AGENDA ITEM #9.D. Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 For...Page 108 of 350 64 65 66 67 68 69 70 ATTACHMENT A KODlAK URBANAREA 8:ROAD SYSTEM Elderberry Heights Bk 1 Lt 13 USS 3472 Lt 4 1619 Selief Ln. Legal Description Location U55 3098 Lot 26A 110 Bancroft Dr.Vacant U55 3100 Lot 11A 547 Carroll Way R2 Mobile Home Residence Aleutian BK1 Lt 47 I813 Thorshelm St.R1 Single Family Residence RR1 Single Family Residence Isthmus Bay U55 3472 Lt 11 isthmus Bay CN Single Family Residence Vaca nt KODIAK ISLANDREMOTE: Legal Description Location Zoning Use Sunny Cove Lt 29 Spruce island RR1 Vacant I Sunny Cove Lot 36 Spruce island RR1 Vacant T:l0S RZSW Sec 30 SE 34NE V.SE V.Larsen Bay CN Vacant USS1891 Cape Karluk CN Vacant U55 1699 Shuyak island CN Recreation Cabin T315 R29W TL1404 Amook island CN Vacant ASLA92-100 Santa Flavia WH Vacant ASLA90-51 Tr A Boulder Bay WH Vacant ASLA90-S1 Tr B Boulder Bay WH Vacant ASLS87-157 Tr E Boulder Bay WH Vacant KODIAK ISLANDVILLAGES: Legal Description Location Zoning Use Dd Harbor'l'r E Bk9 Lt 7 Elderberry St.R1 Single Family Residence l T305 R29WSec 30 Easterly S25‘Uyak Bay CN Cabin Government Lot 5 Less SE‘/4NE>1 SE ‘,4Larsen Bay Larsen Bay Tr A Bk 17 Lt 3 First St.R1 Single Family Residence Old KarlukTr D Lt 16 Old Karluk R1 Vacant Karluk Bk 1 Lt 1 KarlukAve.R1 Single Family Residence Karluk Bk4 L12 KarlukAve.R1 Single Family Residence Port Lions Bk12 Lt 5 109 BirchDr,R1 Single Family Residence Port Lions 3"‘Bk2 Lt 7 216 Malina St.R1 Single Family Residence Kodiak island Borough.Alaska Resolution No.FY2020-04 Page 3 of 4 AGENDA ITEM #9.D. Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 For...Page 109 of 350 73 SUBMERGED PROPERTSES: Lea!Descriptidn J Old KarlukTrD u 5 cm Kariuk uss 82 7 KarlukRiver 74 ! l ! ‘Kodiak Island Borough,Alaska Resolution No.FY2020-04 Page 4 of 4 i AGENDA ITEM #9.D. Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 For...Page 110 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2021-07 Determining The Disposition Of Tax Year 2015 Foreclosed Property KIB/Ada L. And Susan K. Panamarioff, And Establishing Intention To Surplus And Sell Said Property By Finding That A Public Need Does Not Exist For The Property And Authorizing The Property For Immediate Disposal. ORIGINATOR: Dora Cross RECOMMENDATION: Move to adopt Ordinance No. FY2021-07. DISCUSSION: KIB Planning and Zoning Resolution No. FY2020-04 shows there is public need for this property by the City of Kodiak. The City was offered this property per Alaska State Statute Sec 29.45.450. The city did not purchase the property for the taxes due. Therefore this ordinance establishes that a public need does not exist for this property and classifies it as surplus. As surplus property, this property could be made available for sale by the assembly at a later date. This property was acquired by the Borough on February 12, 2018 through the tax year 2015 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. ALTERNATIVES: FISCAL IMPACT: None. OTHER INFORMATION: AGENDA ITEM #9.E. Ordinance No. FY2021-07 Determining The Disposition Of Tax Year 2015 For...Page 111 of 350 i Kodiak Islandidorough Finance Department 710 Mill Bay Road .K0di:1k,Al:1ska 99615 Phone (907)486-9325 .Fax (907)486-9392 lCmQ3C((7'l\’OCll£ll(£1l-(.US March 28,2018 City of Kodiak ATTN:Pat Branson,Mayor 710 Mill Bay Road Kodiak,AK 99615 Re:Borough Foreclosed Property within Kodiak City Limits Property Location:LOT FOUR (4)BLOCK ONE (1)ALEUTION HOMES,INC. SUBDIVISION,according to under Plat No.74-9,located in Kodiak Recording District,Third Judicial,State ofAlaska Case No.3K0-16-00055 CI Kodiak Recording District 303 On February 12,2018 the Kodiak Island Borough received a C1erk’s Deed for the above referenced property.Pursuant to Alaska State Statute Sec 2945.450,unredeemed property in a city can be deeded to the city upon payment ofborough taxes and costs offoreclosure.As oftoday,3/28/2018 the total amount of taxes and costs levied against the property is $8,457.71. Please contact our office by April 30,2018 if you are interested in acquiring this property. Sincerely, Dora Cross Finance Director Enclosure:copy ofAS Sec 29.45.450 CC:Ada L and Susan K Panamarioff (former owner of record) 810 Hillside Drive Kodiak,AK 99615 ,7rmd’7L-.[/74¢('1 7‘L/+0442442’3/723/6’ AGENDA ITEM #9.E. Ordinance No. FY2021-07 Determining The Disposition Of Tax Year 2015 For...Page 112 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-07 Page 1 of 3 Introduced by: Finance Director 1 Drafted by: Finance Director 2 Introduced on: 07/16/2020 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2021-07 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING 9 THE DISPOSITION OF A TAX FORECLOSED PROPERTY AND ESTABLISHING INTENTION 10 TO SURPLUS AND SELL SAID PROPERTY BY FINDING THAT A PUBLIC NEED DOES NOT 11 EXIST FOR THE PROPERTY AND AUTHORIZING THE PROPERTY FOR IMMEDIATE 12 DISPOSAL. 13 14 15 WHEREAS, the Kodiak Island Borough has acquired property described as: LOT FOUR (4), 16 BLOCK ONE (1), ALEUTIAN HOMES, INC. SUBDIVISION, according to under Plat No. 74-9, 17 located in the Kodiak Recording District, Third Judicial District, State of Alaska, as a result of the 18 tax foreclosure procedure. This parcel PID 14379 was previously owned by Ada L. and Susan K. 19 Panamarioff, located at 810 Hillside Drive, Kodiak, Alaska 99615; and 20 21 WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed this 22 tax foreclosed property as required by KIBC 18.10.030 under P&Z Case no. 20-003, and has 23 made a formal recommendation by, P&Z Resolution no. FY 2020-04, that this property should be 24 reserved for the future public use by the City of Kodiak; and 25 26 WHEREAS, the City of Kodiak was offered the property Pursuant to Alaska State Statute Sec 27 29.45.450 on March 28, 2018 for the delinquent Taxes due; and 28 29 WHEREAS, the City of Kodiak was given until April 30, 2018 to inquire and purchase the 30 property for delinquent taxes due described as, LOT FOUR (4), BLOCK ONE (1), ALEUTIAN 31 HOMES, INC. SUBDIVISION, according to under Plat No. 74-9, located in the Kodiak Recording 32 District, Third Judicial District, State of Alaska. 33 34 WHEREAS, the City of Kodiak did contact the Finance Department about the above referenced 35 property but was not interested in paying the delinquent property taxes due in order to acquire 36 the property from the Kodiak Island Borough; and 37 38 WHEREAS, in accordance with KIBC 18.10.030, the Borough Manger, after considering the 39 recommendation from the Planning Commission in P&Z Resolution 2020-04 and the City of 40 Kodiak’s response to the offer of the parcel for public purposes, recommends that the Assembly 41 declare that the parcel is not needed for a public purpose and authorize disposal of the parcel by 42 sealed bid auction; and 43 44 WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states in part: 45 AGENDA ITEM #9.E. Ordinance No. FY2021-07 Determining The Disposition Of Tax Year 2015 For...Page 113 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-07 Page 2 of 3 (a) The municipality shall determine by ordinance whether foreclosed property deeded to the 46 municipality shall be retained for a public purpose. The ordinance must contain the legal 47 description of the property, the address or a general description of the property sufficient to 48 provide the public with notice of its location, and the name of the last record owner of the property 49 as the name appears on the assessment rolls. 50 51 (b) Tax-foreclosed property conveyed to a municipality by tax foreclosure and not required for a 52 public purpose may be sold. Before the sale of tax-foreclosed property held for a public purpose, 53 the municipality, by ordinance, shall determine that a public need does not exist. The ordinance 54 must contain the information required under (a) of this section.; and 55 56 WHEREAS, the Kodiak Island Borough Manager has appointed the Finance Director to 57 oversee land sale with the vacant resource manager position: and 58 59 WHEREAS, the Kodiak Island Borough Finance Director has recommended the tax-foreclosed 60 properties described as LOT FOUR (4), BLOCK ONE (1), ALEUTIAN HONES, INC. 61 SUBDIVISION, according to under Plat No. 74-9, located in the Kodiak Recording District, Third 62 Judicial District, State of Alaska are declared not to be of “public need” and be offered for 63 immediate sale; and 64 65 WHEREAS, less than ten (10) years have elapsed since the expiration of the redemption period 66 for redemption of this parcel, thus the Borough is required to send a notice of the public hearing 67 to the last known address of the former record owner within five days of the first publication of 68 notice of the hearing on this ordinance. 69 70 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 71 BOROUGH THAT: 72 73 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 74 Kodiak Island Borough Code of Ordinances. 75 76 Section 2: That parcel located at 810 Hillside Drive Kodiak, AK, and identified by number 14279; 77 Legal Description: LOT FOUR (4), BLOCK ONE (1), ALEUTIAN HOMES, INC. SUBDIVISION, 78 according to under Plat No. 74-9 , located in the Kodiak Recording District, Third Judicial District, 79 State of Alaska and formerly owned by Ada L. and Susan K. Panamarioff, has been acquired by 80 the Kodiak Island Borough by clerk’s deed for delinquent property tax accounts for the year 2015 81 dated February 12, 2018, recorded as Document 2018-000359-0 in the Kodiak Recording District, 82 State of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has been determined 83 that a public need does not exist to retain this property for Borough purposes, and the property 84 will be sold at the earliest opportunity to do so in accordance with this ordinance. 85 86 Section 3: The finance director is directed to offer the property immediately by sealed bid auction 87 and the highest bidder will take ownership. The parcel shall be considered sold when the bid is 88 accepted. 89 90 AGENDA ITEM #9.E. Ordinance No. FY2021-07 Determining The Disposition Of Tax Year 2015 For...Page 114 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-07 Page 3 of 3 Section 4: The terms to be approved by the assembly are: Bidder is to enclose a 10% deposit 91 based on the minimum bid amount shown in the bid packet. The remaining balance must be paid 92 within thirty (30) days. The Assembly may, by resolution, provide for additional sale procedures 93 and terms. 94 95 96 Section 5: If the property remains unsold after being offered for sale by sealed bid, the property 97 may be listed online for sale to any approved party for at least the minimum cost. Any parcel sold 98 by this method will be considered sold when the Borough receives an offer for the property if that 99 offer is accepted. 100 101 Section 6: This ordinance shall become effective as provided in KIBC 1.10.040. 102 103 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 104 THIS __________ DAY OF _______________, 2020. 105 106 107 KODIAK ISLAND BOROUGH 108 ATTEST: 109 110 ___________________________ 111 Mayor William Roberts ___________________________ 112 Alise L. Rice, Clerk 113 VOTES: 114 Ayes: 115 Noes: 116 AGENDA ITEM #9.E. Ordinance No. FY2021-07 Determining The Disposition Of Tax Year 2015 For...Page 115 of 350 125691011121314151617181920129303132333435404142412123456789101112383940414243444546474849503&7 & 8 !(5 !(1 810812 814 911913915137157177197211471671872072272372572781181381572688168147712714716718720810812811813815817819814816910912914916101010 101012101410913911 724Thorsheim Street Hemlock StreetHillside DriveGerasim Ave n u e Public Hearing Notice μ016032080 Feet Kodiak Island Borough GIS Case 20-003 Location ALEUTIAN Block 1 Lot 4 Request a Tax Foreclosure property review. Please reply by December 3, 2019, if you feel a property needs to be retained for public use. Legend Subject Parcel http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways AGENDA ITEM #9.E. Ordinance No. FY2021-07 Determining The Disposition Of Tax Year 2015 For...Page 116 of 350 2018 000359 0 ’ YEA KO 3>7<(n3>l_3> Recording District303 Kodiak 03l28l201811:49 AM Page 1 of 4 Iii|i|i||Illlliillilllililli|| i|||||||||||i||i|||i|l|||i|||li|||i|| illilillillillllllll||i| COVE PAGE CLERK’S DEED IN RE:DELIQUENT REAL PROPERTY TAX ACCOUNTS FOR THE YEAR 2015 AND PRIOR RS IN THE DIAK ISLAND BOROUGH 3K0-16-00055 Cl Third Judicial District at Kodiak,Alaska For recording in the Kodiak Recording District Third Judicial District,State of Alaska After Recordina Return to: LEVESQUE LAW GROUP,LLC 3380 C Street,Suite 202 Anchorage,AK 99503 AGENDA ITEM #9.E. Ordinance No. FY2021-07 Determining The Disposition Of Tax Year 2015 For...Page 117 of 350 AGENDA ITEM #9.E. Ordinance No. FY2021-07 Determining The Disposition Of Tax Year 2015 For...Page 118 of 350 ERICKSON.JENNIE AND HENDERSON SARA ANNE AND HENDERSON,SARA ANNE KA ,JOAN .D IIII\||*|l|!||\l|H?|l \l?ll?llili\||l||?! 1illlll?l|l|l!N|ll|li||| lf||||| 3380 C St.,#202Anchorage,AK 99503Ph:907-261-8935 |Fax:206-309-0667joe@levesquelawgroup.com C|erk’s Deed In Re:Delinquent Real Property Tax Accounts for the Year 2015,3KO-16—0O055C| 2015 Foreclosure List OS FSKY GALE Property ID #19872 LOT TEN (10),BLOCK TWO (2),TRACT “A”OF THE UNITED STATES SURVEY NO.4871,OUZINKIE TOWNSITE,according to Plat No.72-1, located in the Kodiak Recording District,Third Judicial District,State of Alaska. ERICKSON.WALTER D AND Property ID #19782 LOT 'lTNO (2),BLOCK TEN (10),TRACT OLD HARBOR TOWNSITE, UNITED STATES SURVEY NO.4793,according to Plat No.69-5,located in the Kodiak Recording District,Third Judicial District,State of Alaska. HENDERSON.JOSEPH DAVID Property ID #18222 LOT FOUR (4),UNITED STATES SURVEY NO.3472,according to the original Plat thereof,located in Kodiak Recording District,Third Judicial District,State of Alaska. HENDERSON.JOSEPH DAVID Property ID #23306 LOT ELEVEN (11),UNITED STATES SURVEY NO.3472,according to the original Plat thereof,located in Kodiak Recording District,Third Judicial District,State of Alaska. TELNIKOFF D AN SQUARTSOFF.ELDON S. Property ID #18204 THE EASTERLY FIVE HUNDRED T\NENTY—F|VE (525)FEET OF GOVERNMENT LOT FIVE (5)WITHIN SECTION 30,TOWNSHIP 30 SOUTH,RANGE 29 WEST,SEWARD MERIDIAN,according to the original Plat thereof,located in Kodiak Recording District,Third Judicial District, State of Alaska Page 3 of 4 2018—000359—0 Page 2 of 3 AGENDA ITEM #9.E. Ordinance No. FY2021-07 Determining The Disposition Of Tax Year 2015 For...Page 119 of 350 RD ,SUSAN K. .4/cc//L,/L/4.. Su ar?neCowley.Clerk r thglstateofAlaska,Th K0 Iak.per order of the Z.7 I 5 . llllWIH1IIHllW|\|| \lJ?li?\|l||l1|l|?||i \llll?lllllimlllllll /? ,,,., 2‘ ’L’‘cue, 15 F V of i3/1 ‘M1151!Ielclevk LUTIN LYDIA TANIA-BI Property ID #19806 LOT ONE (1),BLOCK (1),KARLUKSUBDIVISION,according to under Plat No.78-16,located in Kodiak Recording District,Third Judicial District,State of Alaska. ANAMARIOFF ADA L.AND Property ID #14279 LOT FOUR (4),BLOCK ONE (1),ALEUTIAN HOMES,INC.SUBDIVISION, according to under Plat No.74-9,located in Kodiak Recording District,Third Judicial,State of Alaska. IN WITNESS WHEREOF,I have hereunto set my hand the seal of the Trial J’) Courts for the State of Alaska,Third J this /2 day of February,2018 BY J.of Court 5 f0 ird Judicial District 0 at Court datedd2E D:8 3 ‘,1 8s§a3 5 %5;',g E: .3 <E 5E<0 a:—3 ACKNOWLEDGEMENT -1 2 3:2 3 B 3 2 3 §STATE OF ALASKA )Page 4°” En E§(16,))ss.2o1s—nooa59—o E '5 3 THIRD JUDICIAL DISTRICT ) —'TI _ 7 L 5 The foregoing instrument was acknowledged before me this /97 day 2018,by J.Suzanne Cowley,Clerk of Court for the State of Alaska,Third Judicial District at Kodiak.I"’3 I CEF'i/1T;l\|FLYET[)HT#\(§AOFTHEABOVE '3C,,';y :DEPOSITEDIN RIBUTIONARY °”a?E;';,;hke Deputy Clerk Court TO <;/};C.’i If,hgandczgnlcjlfine 0 K /i{,f:) C|erk’s Deed Page 3 of 3 In Re:Delinquent Real Property Tax Accounts for the Year 2015,3KO—16—00055C| FEB-5 2013 AGENDA ITEM #9.E. Ordinance No. FY2021-07 Determining The Disposition Of Tax Year 2015 For...Page 120 of 350 Introduced by:CDD Director Drafted by:COD Director introduced on:1/15/20 Adopted on:1/15/20 '5~ooo \ro~«u». x>mi~:-- KODIAK ISLANDBOROUGH PLANNINGANDZONING COMMISSION RESOLU‘l1ON NO.FY2020-04 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING ll COMMISSION RECOMMENDING TO THE KODIAK ISLAND BOROUGH ASSEMBLY THAT 12 THE PARCEL KNOWN AS ALEUTIAN BLOCK 1,LOT 4,BE RESERVED FOR FUTURE I3 PUBLIC USE BY THE CITY OF KODIAK AND THATTHE REMAININGTWENTY-SIX (26) I4 PARCELS IDENTIFIEDIN THE TABLE LABELLED ATTACHMENT A BE DECLARED NOT IS TO BE OF “PUBLIC NEED"ANDOFFERED AT A FUTURE KIB IAND SALE. I6 17 WHEREAS,KIBC 18.10.0130 states that upon acquisition of any real property.including real l8 property acquired by tax foreclosure,the planning commission shall review the newly acquired 19 land and make recommendations as to whether all or any portion of the land should he devoted 20 to the public use,reserved for future use to meet projected borough requirements,or made 21 available for sale,lease or other disposition in conformance to the borough comprehensive land 22 use plan ;and 23 . 24 EWHEREAS,KIBC 18.20.030.A slates that each disposal of borough land is subject to review by 25 the planning and zoning commission before submission to the assembly. 26 The commission by resolution shall make a recommendation to the assembly regarding the 27 proposed land disposal;and 7859 WHEREAS,at the regular planning and zoning meeting on December 18,2019,the commission 30 did review the 27 parcels presented to them by the KIB?nance department;and 32 WHEREAS,the commission approved the recommendations made by staff in the amended staff 33 report dated December 13.2019;and 34 35 WHEREAS,the commission now wishes to formalize those recommendations by resolution for 36 transmission to the assembly 37 38 NOW,THEREFORE,BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING 39 AND ZONINGCOMMISSIONthat 40 41 Section 1:THE PARCEL KNOWN AS ALEUTIANBLOCK 1,LOT 4,BE RESERVED FOR 42 FUTURE PUBLIC USE BY THE CITY OF KODIAK;and 43 44 ‘Section2:THE REMAININGTWENTY-SIX (26)PARCELS IDENTIFIEDIN THE TABLE 45 LAEELLEDATTACHMENTA BE DECLARED NOT TO BE OF “PUBLIC NEED" 46 AND OFFERED ATA FUTURE KIB LANDSALE. 47 ' 48 ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING ANDZONING COMMISSION Kodiak Island Borough,Alaska ResolutionNo.FY2020~04 Page 1 of 4 AGENDA ITEM #9.E. Ordinance No. FY2021-07 Determining The Disposition Of Tax Year 2015 For...Page 121 of 350 49 50 51 52 55 S7 58 59 60 62 63 THIS 15th DAY OF January,2020. PLANNINGANDZONING COMMISSION Dave Townsend.Chair VOTES: Ayes: Noes: ATTEST: EL;Eta Erin Welty.CDD Directo Kodiaklsiand Borough,Aiaska Resolu?on No.FY2020-O4 Page 2 of 4 AGENDA ITEM #9.E. Ordinance No. FY2021-07 Determining The Disposition Of Tax Year 2015 For...Page 122 of 350 64 65 66 67 68 69 70 ATTACHMENT A KODlAK URBANAREA 8:ROAD SYSTEM Elderberry Heights Bk 1 Lt 13 USS 3472 Lt 4 1619 Selief Ln. Legal Description Location U55 3098 Lot 26A 110 Bancroft Dr.Vacant U55 3100 Lot 11A 547 Carroll Way R2 Mobile Home Residence Aleutian BK1 Lt 47 I813 Thorshelm St.R1 Single Family Residence RR1 Single Family Residence Isthmus Bay U55 3472 Lt 11 isthmus Bay CN Single Family Residence Vaca nt KODIAK ISLANDREMOTE: Legal Description Location Zoning Use Sunny Cove Lt 29 Spruce island RR1 Vacant I Sunny Cove Lot 36 Spruce island RR1 Vacant T:l0S RZSW Sec 30 SE 34NE V.SE V.Larsen Bay CN Vacant USS1891 Cape Karluk CN Vacant U55 1699 Shuyak island CN Recreation Cabin T315 R29W TL1404 Amook island CN Vacant ASLA92-100 Santa Flavia WH Vacant ASLA90-51 Tr A Boulder Bay WH Vacant ASLA90-S1 Tr B Boulder Bay WH Vacant ASLS87-157 Tr E Boulder Bay WH Vacant KODIAK ISLANDVILLAGES: Legal Description Location Zoning Use Dd Harbor'l'r E Bk9 Lt 7 Elderberry St.R1 Single Family Residence l T305 R29WSec 30 Easterly S25‘Uyak Bay CN Cabin Government Lot 5 Less SE‘/4NE>1 SE ‘,4Larsen Bay Larsen Bay Tr A Bk 17 Lt 3 First St.R1 Single Family Residence Old KarlukTr D Lt 16 Old Karluk R1 Vacant Karluk Bk 1 Lt 1 KarlukAve.R1 Single Family Residence Karluk Bk4 L12 KarlukAve.R1 Single Family Residence Port Lions Bk12 Lt 5 109 BirchDr,R1 Single Family Residence Port Lions 3"‘Bk2 Lt 7 216 Malina St.R1 Single Family Residence Kodiak island Borough.Alaska Resolution No.FY2020-04 Page 3 of 4 AGENDA ITEM #9.E. Ordinance No. FY2021-07 Determining The Disposition Of Tax Year 2015 For...Page 123 of 350 73 SUBMERGED PROPERTSES: Lea!Descriptidn J Old KarlukTrD u 5 cm Kariuk uss 82 7 KarlukRiver 74 ! l ! ‘Kodiak Island Borough,Alaska Resolution No.FY2020-04 Page 4 of 4 i AGENDA ITEM #9.E. Ordinance No. FY2021-07 Determining The Disposition Of Tax Year 2015 For...Page 124 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 Foreclosed Properties KIB/James Clifford Cole Trust, KIB/Kimberly Edman, KIB/ Dale Stratton, And KIB/John Wick (Two Properties) And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. ORIGINATOR: Dora Cross RECOMMENDATION: Move to adopt Ordinance No. FY2021-08. DISCUSSION: This ordinance establishes the Borough's findings that a public need does not exist for the properties and classifies it as surplus. KIB Planning and Zoning Resolution No. FY2020-04 shows there is no public need for these properties. As surplus property, these properties could be made available for sale by the assembly at a later date. The properties were acquired by the Borough on April 26, 2019 through the tax year 2016 foreclosure process. The acquisition of this property followed both the Borough an d State of Alaska codes regarding the foreclosure process. ALTERNATIVES: FISCAL IMPACT: None. OTHER INFORMATION: AGENDA ITEM #9.F. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 For...Page 125 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-08 Page 1 of 4 Introduced by: Finance Director 1 Drafted by: Finance Director 2 Introduced on: 07/16/2020 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2021-08 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING 9 THE DISPOSITION OF A TAX FORECLOSED PROPERTY ACQUIRED BY CLERK’S DEED IN 10 2019 AND ESTABLISHING INTENTION TO SURPLUS AND SELL SAID PROPERTY BY 11 FINDING THAT A PUBLIC NEED DOES NOT EXIST FOR THE PROPERTY AND 12 AUTHORIZING THE PROPERTY FOR IMMEDIATE DISPOSAL (P&Z Case 20-003) 13 PLANNING AND ZONING RESOLUTION NO. FY2020-04. 14 15 WHEREAS, the Kodiak Island Borough acquired, by clerk’s deed in 2018 as a result of tax 16 foreclosure procedures, property described as: 17 18 A parcel located at 110 Bancroft Dr, Kodiak AK, formerly owned by the James Clifford Cole 19 Trust, which is identified as KIB Parcel PID 16297, and by its LEGAL DESCRIPTION: LOT 20 TWENTY-SIX “A” (26A) of the subdivision of LOTS TWENTY-FIVE (25) and TWENTY-SIX (26) 21 of UNITED STATES SURVEY NO 3098, according to Plat No 74-17, located in the Kodiak 22 Recording District, Third Judicial District, State of Alaska, as a result of the tax foreclosure 23 procedure; and 24 25 A parcel located at Cape Karluk (Southwest End), Kodiak, AK, formerly owned by Kimberly 26 Edman, which is identified as KIB Parcel PID 17276, and by its LEGAL DESCRIPTION: UNITED 27 STATES SURVEY. 1891, according to the official Bureau of Land Management Survey thereof, 28 located in the Kodiak Recording District, Third Judicial District, State of Alaska, (Cape Karluk) as 29 a result of the tax foreclosure procedure; and 30 31 A parcel located at Ugak Bay, Kodiak, AK, formerly owned by Dale Stratton, which is identified 32 as KIB Parcel PID 19384, and by its LEGAL DESCRIPTION: ALASKA STATE LAND SURVEY 33 NO. 92-100, according to Plat 93-7, located in the Kodiak Recording District, Third Judicial 34 District, State of Alaska (Santa Flavia), as a result of the tax foreclosure procedure; and 35 36 A parcel located at NHN Kiliuda Bay, AK, formerly owned by John Patrick Wick, which is 37 identified as KIB Parcel PID 19449, and by its LEGAL DESCRIPTION: TRACT “B” OF ALASKA 38 STATE LAND SURVEY NO. 90-51, according to Plat 90-55, located in the Kodiak Recording 39 District, Third Judicial District, State of Alaska (Boulder Bay), as a result of the tax foreclosure 40 procedure; and 41 42 A parcel located at NHN Kiliuda Bay, AK, formerly owned by John Wick, which is identified as 43 KIB Parcel PID 19391, and by its LEGAL DESCRIPTION: TRACT “A” OF ALASKA STATE LAND 44 AGENDA ITEM #9.F. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 For...Page 126 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-08 Page 2 of 4 SURVEY NO. 90-51, according to Plat 90-55, located in the Kodiak Recording District, Third 45 Judicial District, State of Alaska (Boulder Bay), as a result of the tax foreclosure procedure; and 46 47 WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states in part: 48 (a) The municipality shall determine by ordinance whether foreclosed property deeded to the 49 municipality shall be retained for a public purpose. The ordinance must contain the legal 50 description of the property, the address or a general description of the property sufficient to 51 provide the public with notice of its location, and the name of the last record owner of the property 52 as the name appears on the assessment rolls. 53 54 (b) Tax-foreclosed property conveyed to a municipality by tax foreclosure and not required for a 55 public purpose may be sold. Before the sale of tax-foreclosed property held for a public purpose, 56 the municipality, by ordinance, shall determine that a public need does not exist. The ordinance 57 must contain the information required under (a) of this section.; and 58 59 WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed this 60 tax foreclosed property as required by KIBC 18.10.030 and has made a formal recommendation 61 by resolution no. FY2020-04 on the parcel’s disposition by recommending that this property 62 should NOT be retained for a public purpose; and 63 64 WHEREAS, the Kodiak Island Borough Manager has appointed the Finance Director to 65 oversee land sale with the vacant resource manager position: and 66 67 WHEREAS, the Kodiak Island Borough Finance Director has reviewed the Commission’s 68 action, as required by KIBC 18.10.030; and 69 70 WHEREAS, the Kodiak Island Borough Finance Director has recommended the tax-foreclosed 71 properties described as LOT TWENTY-SIX “A” (26A) of the subdivision of LOTS TWENTY-FIVE 72 (25) and TWENTY-SIX (26) of UNITED STATES SURVEY NO 3098, according to Plat No 74-17, 73 located in the Kodiak Recording District, Third Judicial District, State of Alaska, UNITED STATES 74 SURVEY. 1891, according to the official Bureau of Land Management Survey thereof, located in 75 the Kodiak Recording District, Third Judicial District, State of Alaska, (Cape Karluk), ALASKA 76 STATE LAND SURVEY NO. 92-100, according to Plat 93-7, located in the Kodiak Recording 77 District, Third Judicial District, State of Alaska (Santa Flavia), TRACT “B” OF ALASKA STATE 78 LAND SURVEY NO. 90-51, according to Plat 90-55, located in the Kodiak Recording District, 79 Third Judicial District, State of Alaska (Boulder Bay), and TRACT “A” OF ALASKA STATE LAND 80 SURVEY NO. 90-51, according to Plat 90-55, located in the Kodiak Recording District, Third 81 Judicial District, State of Alaska (Boulder Bay) are declared not to be of “public need” and be 82 offered for immediate sale; and 83 84 WHEREAS, less than ten (10) years have elapsed since the expiration of the redemption period 85 of these parcels, thus the Borough is required to send a notice of the public hearing to the last 86 known address of the former record owner within five days of the first publication of notice of the 87 hearing on this ordinance. 88 89 AGENDA ITEM #9.F. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 For...Page 127 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-08 Page 3 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 90 BOROUGH THAT: 91 92 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 93 Kodiak Island Borough Code of Ordinances. 94 95 Section 2: That the parcel located at 110 Bancroft Drive Kodiak, AK and identified by number 96 16297; Legal Description: LOT TWENTY-SIX “A” (26A) of the subdivision of LOTS TWENTY-97 FIVE (25) and TWENTY-SIX (26) of UNITED STATES SURVEY NO 3098, according to Plat No 98 74-17, located in the Kodiak Recording District, Third Judicial District, State of Alaska and formerly 99 owned by the James Clifford Cole Trust has been acquired by the Kodiak Island Borough by 100 clerk’s deed for delinquent property tax accounts for the year 2016 dated April 26, 2019, recorded 101 as Document 2019-000899-0 in the Kodiak Recording District, State of Alaska, Third Judicial 102 District, pursuant to tax foreclosure, and it has been determined that a public need does not exist 103 to retain this property for Borough purposes, and the property will be sold at the earliest 104 opportunity to do so. 105 106 Section 3: That the parcel located at Cape Karluk (Southwest End), Kodiak, AK, and identified 107 by number 17276; Legal Description: UNITED STATES SURVEY. 1891, according to the official 108 Bureau of Land Management Survey thereof, located in the Kodiak Recording District, Third 109 Judicial District, State of Alaska. (Cape Karluk), located in the Kodiak Recording District, Third 110 Judicial District, State of Alaska and formerly owned by Kimberly Edman has been acquired by 111 the Kodiak Island Borough by clerk’s deed for delinquent property tax accounts for the year 2016 112 dated April 26, 2019, recorded as Document 2019-000899-0 in the Kodiak Recording District, 113 State of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has been determined 114 that a public need does not exist to retain this property for Borough purposes, and the property 115 will be sold at the earliest opportunity to do so. 116 117 Section 4: That the parcel located at Ugak Bay, Kodiak, AK and identified by number 19384; 118 Legal Description: ALASKA STATE LAND SURVEY NO. 92-100, according to Plat 93-7, located 119 in the Kodiak Recording District, Third Judicial District, State of Alaska (Santa Flavia) and formerly 120 owned by Dale Stratton has been acquired by the Kodiak Island Borough by clerk’s deed for 121 delinquent property tax accounts for the year 2016 dated April 26, 2019, recorded as Document 122 2019-000899-0 in the Kodiak Recording District, State of Alaska, Third Judicial District, pursuant 123 to tax foreclosure, and it has been determined that a public need does not exist to retain this 124 property for Borough purposes, and the property will be sold at the earliest opportunity to do so. 125 126 Section 5: That the parcel located at NHN Kiliuda Bay, AK and identified by number 19449; Legal 127 Description: TRACT “B” OF ALASKA STATE LAND SURVEY NO. 90-51, according to Plat 90-128 55, located in the Kodiak Recording District, Third Judicial District, State of Alaska (Boulder Bay) 129 and formerly owned by John Patrick Wick has been acquired by the Kodiak Island Borough by 130 clerk’s deed for delinquent property tax accounts for the year 2016 dated April 26, 2019, recorded 131 as Document 2019-000899-0 in the Kodiak Recording District, State of Alaska, Third Judicial 132 District, pursuant to tax foreclosure, and it has been determined that a public need does not exist 133 AGENDA ITEM #9.F. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 For...Page 128 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-08 Page 4 of 4 to retain this property for Borough purposes, and the property will be sold at the earliest 134 opportunity to do so. 135 136 Section 6: That the parcel located at NHN Kiliuda Bay, AK and identified by number 19391; Legal 137 Description: TRACT “A” OF ALASKA STATE LAND SURVEY NO. 90-51, according to Plat 90-138 55, located in the Kodiak Recording District, Third Judicial District, State of Alaska (Boulder Bay) 139 and formerly owned by John Wick has been acquired by the Kodiak Island Borough by clerk’s 140 deed for delinquent property tax accounts for the year 2016 dated April 26, 2019, recorded as 141 Document 2019-000899-0 in the Kodiak Recording District, State of Alaska, Third Judicial District, 142 pursuant to tax foreclosure, and it has been determined that a public need does not exist to retain 143 this property for Borough purposes, and the property will be sold at the earliest opportunity to do 144 so. 145 146 Section 7: The finance director is directed to offer the property immediately by sealed bid auction 147 and the highest bidder will take ownership. The parcel shall be considered sold when the bid is 148 accepted. 149 150 Section 8: The terms to be approved by the assembly are: Bidder is to enclose a 10% deposit 151 based on the minimum bid amount shown in the bid packet. The remaining balance must be paid 152 within thirty (30) days. The Assembly may, by resolution, provide for additional sale procedures 153 and terms. 154 155 Section 9: If the property remains unsold after being offered for sale by sealed bid, the property 156 may be listed online for sale to any approved party for at least the minimum cost. Any parcel sold 157 by this method will be considered sold when the Borough accepts an offer for the property. 158 159 Section 10: This ordinance shall become effective as provided in KIBC 1.10.040. 160 161 162 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 163 THIS __________ DAY OF _______________, 2020. 164 165 KODIAK ISLAND BOROUGH 166 ATTEST: 167 168 ___________________________ 169 Mayor William Roberts ___________________________ 170 Alise L. Rice, Clerk 171 VOTES: 172 Ayes: 173 Noes: 174 AGENDA ITEM #9.F. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 For...Page 129 of 350 X lélllllllllllllllllllllllllllll lIlllllllllllllllllllllllllllll lllllllllllllll CLERK'SDEED in Re:Delinguent Progertv Tax Accounts for the Year 203.6 and Prior Years in the Kodiak Island Borough 3KO—17-00085 Cl Third Judicial District at Kodiak,Alaska For recording in the Kodiak Recording District Third Judicial District,State of Alaska After Recording Return to: KODIAKISLANDBOROUGH Attn:Revenue Accountant 710 Mill Bay Road Kodiak,AK 99615 DO NOT DETACH eRecorded Document AGENDA ITEM #9.F. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 For...Page 130 of 350 Scott A.Brandt-Erichsen '3 Alaska Bar No:8811175 3 Keene &Currall,PPCgM540WaterStreet,Suite 302gEKetchikan,Alaska 999018Phone:(907)225-41318:Fax:(907)225-0540 E-mail:courtdocsgazkeenecurrallxzom IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIALDISTRICTAT KODIAK IN RE:DELINQUENTTAXES AND I SPECIAL ASSESSMENTSFOR THE N0‘3K°‘17’85 C’ YEAR 2016 AND PRIOR YEARSE ’DEED BY CLERK OF COURTINTHEKODIAKISLANDBOROUGH. To KODMK ISLAND,,BOROUGH,ALASKA .._t ,$55 12 §§§§s..13 I Whereas,an Order,Final Judgment and Decree was entered in the above— 14 -entitled matter on January 21,2018;and4535; 15 k Whereas,the one-year period of redemption provided for by AS 29.45400Z ft s«4,"1 16 .expires thirty (30)days after the first publication of a redemption period expiration H 17 notice;and 18 Whereas,such notice provided for by AS 2945.440 was duly made in respect19 205 to the property described below,which first publication was on January 4,2019.I 21%:NOW,THEREFORE,pursuant to the power vested in me by AS 29.45450,i,ii 22 J.Suzanne Cowley,Clerk of the Superior Court forthe Third Judicial Districtat Kodiak, I23 Alaska,204 Mission Road,Room 124,Kodiak,Alaska 99615,convey and quitclaim 24 to the Kodiak Island Borough,Alaska,whose address is:710 MillBay Road,Kodiak, 25 Alaska 99615,the following described properties: DEED BY CLERK OF COURT?Page 1 of 3 In Re,Delinquent Taxes and Special Assessments Forthe Years 2016 and Prior Years Case No 3K0-17-E35 Cl eRecorded Document AGENDA ITEM #9.F. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 For...Page 131 of 350 KEENE 8 QZURRALL OUZINKIE TOWNSITE,UNITED STATES SURVEY NO.4871,according to Plat No 72-1,located in the Kodiak Recording District,Third Judicial District,State of Alaska. ii {i ’l 1 2 1.LOT TWNO (2),BLOCK TWENTY (20),TRACT l E 2.LOT TWNENTY-SiX (26A)of the resubdivision of LOTS l 9 DEED BY CLERK OF COURT-Page 2 of 3?En Re.Delinquent Taxes and Special Assessments Forlhe Years 2016 and Prior Years Case No.3KD~17-85Ci TWENTY-FiVE(25)and TWENTY-SIX (26)of UNITED6_§STATES SURVEY NO.3098,according to Flat No 74-17,located in the Kodiak recording District,Third Judicial District,7 State of Alaska. l 8 3.UNITED STATES SURVEY NO.1891,according to theiot?cial Bureau of Land Management Survey thereof,located9lintheKodiakRecordingDistrict,Third Judicial District,State 10$of Alaska.(Cape Karluk) 1 1:5 4.ALASKASTATE LAND SURVEY NO.92-100,according to,Plat No.93-7,located in Kodiak Recording District,Third12lJudicialDistrict,State of Alaska.(Santa Flavia) 13 5.TRACT OF ALASKA STATE LAND SURVEY NO.90- 14 51,according to Plat No.90-55,located in Kodiak Recording’ District,Third Judicial District,State of Alaska,(Boulder Bay) 15 .‘6.TRACT “A"OF ALASKA STATE LAND SURVEY NO.90-15;51,according to Plat No.90-55,located in Kodiak Recording 17 i District,Third Judicial District,State of Alaska.(Boulder Bay) 18 J,Situated in the Kodiak island Borough,Kodiak Recording District,Third JudicialE 19 District,State of Alaska. 20 /1 2 1 ll ,, 22 ll 23 ll S // 24; 25 i /1 3E3, l eRecorded Document 2019-0008990 AGENDA ITEM #9.F. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 For...Page 132 of 350 O ‘ 6 LOZer)0iv,‘r€H:C'r‘5uiTL'30¢‘K,ALASKA 179%’)!i:rayon 325-4:3:KEENE «S CURRALLA:4-wmr,rownt C(!t1:>t)::A'»z)AYTO NEYS3 AT LAW=:.m:i warn: 1}2%,"£2 /4 r>‘/’/ KDATEDthis’day of £0 /,2o19 at Kodiak,Alaska.¢__. " W, “rig/z‘(‘L/t/ Lc6,“ZiC'7 (‘f-I Clerk ofthe Court (;\\t.. STATE or ALASKA ) )ss: THPRDJUDICIAL DlSTRlCT ) TH|S IS TO CERTIFY that on this (Q day of ,2;i \,2019‘before me,the undersigned,a Notary Public in and for the fate of Alaska,duly commissioned and sworn,personally appeared J.Suzanne Cowley to me known tobetheClerkoftheSuperiorCourt,known to be the person who executed the foregoinginstrumentwhoonoathstatedthatshewasdulyauthorizedtoexecutesaidinstrument on behalf of the State of Alaska,Superior Court,who acknowledged to me that shesignedandsealedthesamefreelyandvoluntarilyonbehatfoftheStateofAlaska,fortheusesandpurposesthereinmentioned. WlTNESS my hand and official seal the day and year in the certi?cate first above written. err on litein the icourts at Kodak t CERTIFYTHATAcom or THEA.FiO\/EVi/AS. _*MAIt,EDTO DEF’OSlTEDil\.‘DiSTR1Bt%l’i<)NAl?Y BEER )FFlCEl<OD§Ai<21"‘”””” i :0TE DEED BY CLERK OF COURT—Page 3 of 3 in Re:Delinquent Taxes and Special Assessments For the Years 2016 and Prior Years Case No SKO-17-85 Ci e?eczorded Document AGENDA ITEM #9.F. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 For...Page 133 of 350 Introduced by:CDD Director Drafted by:COD Director introduced on:1/15/20 Adopted on:1/15/20 '5~ooo \ro~«u». x>mi~:-- KODIAK ISLANDBOROUGH PLANNINGANDZONING COMMISSION RESOLU‘l1ON NO.FY2020-04 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING ll COMMISSION RECOMMENDING TO THE KODIAK ISLAND BOROUGH ASSEMBLY THAT 12 THE PARCEL KNOWN AS ALEUTIAN BLOCK 1,LOT 4,BE RESERVED FOR FUTURE I3 PUBLIC USE BY THE CITY OF KODIAK AND THATTHE REMAININGTWENTY-SIX (26) I4 PARCELS IDENTIFIEDIN THE TABLE LABELLED ATTACHMENT A BE DECLARED NOT IS TO BE OF “PUBLIC NEED"ANDOFFERED AT A FUTURE KIB IAND SALE. I6 17 WHEREAS,KIBC 18.10.0130 states that upon acquisition of any real property.including real l8 property acquired by tax foreclosure,the planning commission shall review the newly acquired 19 land and make recommendations as to whether all or any portion of the land should he devoted 20 to the public use,reserved for future use to meet projected borough requirements,or made 21 available for sale,lease or other disposition in conformance to the borough comprehensive land 22 use plan ;and 23 . 24 EWHEREAS,KIBC 18.20.030.A slates that each disposal of borough land is subject to review by 25 the planning and zoning commission before submission to the assembly. 26 The commission by resolution shall make a recommendation to the assembly regarding the 27 proposed land disposal;and 7859 WHEREAS,at the regular planning and zoning meeting on December 18,2019,the commission 30 did review the 27 parcels presented to them by the KIB?nance department;and 32 WHEREAS,the commission approved the recommendations made by staff in the amended staff 33 report dated December 13.2019;and 34 35 WHEREAS,the commission now wishes to formalize those recommendations by resolution for 36 transmission to the assembly 37 38 NOW,THEREFORE,BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING 39 AND ZONINGCOMMISSIONthat 40 41 Section 1:THE PARCEL KNOWN AS ALEUTIANBLOCK 1,LOT 4,BE RESERVED FOR 42 FUTURE PUBLIC USE BY THE CITY OF KODIAK;and 43 44 ‘Section2:THE REMAININGTWENTY-SIX (26)PARCELS IDENTIFIEDIN THE TABLE 45 LAEELLEDATTACHMENTA BE DECLARED NOT TO BE OF “PUBLIC NEED" 46 AND OFFERED ATA FUTURE KIB LANDSALE. 47 ' 48 ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING ANDZONING COMMISSION Kodiak Island Borough,Alaska ResolutionNo.FY2020~04 Page 1 of 4 AGENDA ITEM #9.F. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 For...Page 134 of 350 49 50 51 52 55 S7 58 59 60 62 63 THIS 15th DAY OF January,2020. PLANNINGANDZONING COMMISSION Dave Townsend.Chair VOTES: Ayes: Noes: ATTEST: EL;Eta Erin Welty.CDD Directo Kodiaklsiand Borough,Aiaska Resolu?on No.FY2020-O4 Page 2 of 4 AGENDA ITEM #9.F. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 For...Page 135 of 350 64 65 66 67 68 69 70 ATTACHMENT A KODlAK URBANAREA 8:ROAD SYSTEM Elderberry Heights Bk 1 Lt 13 USS 3472 Lt 4 1619 Selief Ln. Legal Description Location U55 3098 Lot 26A 110 Bancroft Dr.Vacant U55 3100 Lot 11A 547 Carroll Way R2 Mobile Home Residence Aleutian BK1 Lt 47 I813 Thorshelm St.R1 Single Family Residence RR1 Single Family Residence Isthmus Bay U55 3472 Lt 11 isthmus Bay CN Single Family Residence Vaca nt KODIAK ISLANDREMOTE: Legal Description Location Zoning Use Sunny Cove Lt 29 Spruce island RR1 Vacant I Sunny Cove Lot 36 Spruce island RR1 Vacant T:l0S RZSW Sec 30 SE 34NE V.SE V.Larsen Bay CN Vacant USS1891 Cape Karluk CN Vacant U55 1699 Shuyak island CN Recreation Cabin T315 R29W TL1404 Amook island CN Vacant ASLA92-100 Santa Flavia WH Vacant ASLA90-51 Tr A Boulder Bay WH Vacant ASLA90-S1 Tr B Boulder Bay WH Vacant ASLS87-157 Tr E Boulder Bay WH Vacant KODIAK ISLANDVILLAGES: Legal Description Location Zoning Use Dd Harbor'l'r E Bk9 Lt 7 Elderberry St.R1 Single Family Residence l T305 R29WSec 30 Easterly S25‘Uyak Bay CN Cabin Government Lot 5 Less SE‘/4NE>1 SE ‘,4Larsen Bay Larsen Bay Tr A Bk 17 Lt 3 First St.R1 Single Family Residence Old KarlukTr D Lt 16 Old Karluk R1 Vacant Karluk Bk 1 Lt 1 KarlukAve.R1 Single Family Residence Karluk Bk4 L12 KarlukAve.R1 Single Family Residence Port Lions Bk12 Lt 5 109 BirchDr,R1 Single Family Residence Port Lions 3"‘Bk2 Lt 7 216 Malina St.R1 Single Family Residence Kodiak island Borough.Alaska Resolution No.FY2020-04 Page 3 of 4 AGENDA ITEM #9.F. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 For...Page 136 of 350 73 SUBMERGED PROPERTSES: Lea!Descriptidn J Old KarlukTrD u 5 cm Kariuk uss 82 7 KarlukRiver 74 ! l ! ‘Kodiak Island Borough,Alaska Resolution No.FY2020-04 Page 4 of 4 i AGENDA ITEM #9.F. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 For...Page 137 of 350 25BLOT 34UNS U 12A 29A 29B 2827B 910118769A 1010B 11A11B 27A 26 B 26 A 26C 26D 25E-124E 24D 24C24-A2 24B25A 25C 2321A 19451213141516LOT 224-A1 !(1 DOG POUND24142160218023202318231611 1 11 3 117 119122 120 11811611411 5 11 2 11 0 2410219121712161511 4 220217021802409C21052135216522225210021302160219022202250228023111721812230UnknownEast Rez an of Drive Ba n c r o f t D r i v e B enny B enson Drive CityAirportRoadMill Bay RoadPublic Hearing Notice μ0320640160 Feet Kodiak Island Borough GIS Case 20-003 Location USS 3098 LT 26A Mill Bay Rd 110 Bancroft Dr. Request a Tax Foreclosure property review. Please reply by December 3, 2019, if you feel a propert needs to be retained for public use. Legend Subject Parcel http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways AGENDA ITEM #9.F. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 For...Page 138 of 350 Public Hearing Notice μ01,5003,000750 Feet Kodiak Island Borough GIS Case 20-003 Location USS 1891 CAPE KARLUK Request a Tax Foreclosure property review. Please reply by December 3, 2019, if you feel a property needs to be retained for public use. Legend Subject Parcel http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways AGENDA ITEM #9.F. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 For...Page 139 of 350 Public Hearing Notice μ0 5,750 11,5002,875 Feet Kodiak Island Borough GIS Case 20-003 Location ASLA 92·100 SANTA FLAVIA Request a Tax Foreclosure property review. Please reply by December 3, 2019, if you feel a property needs to be retained for public use. Legend Subject Parcel http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways AGENDA ITEM #9.F. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 For...Page 140 of 350 Public Hearing Notice μ05,00010,0002,500 Feet Kodiak Island Borough GIS Case 20-003 Location ASLA 90-51 TR A BOULDER BAY & ASLA 90-51 TR B BOULDER BAY Request a Tax Foreclosure property review. Please reply by December 3, 2019, if you feel a property needs to be retained for public use. Legend Subject Parcels http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways AGENDA ITEM #9.F. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 For...Page 141 of 350 Public Hearing Notice μ05,00010,0002,500 Feet Kodiak Island Borough GIS Case 20-003 Location ASLA 90-51 TR A BOULDER BAY & ASLA 90-51 TR B BOULDER BAY Request a Tax Foreclosure property review. Please reply by December 3, 2019, if you feel a property needs to be retained for public use. Legend Subject Parcels http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways AGENDA ITEM #9.F. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 For...Page 142 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2021-09 Determining The Disposition Of Tax Year 2017 Foreclosed Properties KIB/Ronald Eads And KIB/Charles Nellist And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. ORIGINATOR: Dora Cross RECOMMENDATION: Move to adopt Ordinance No. FY2021-09. DISCUSSION: This ordinance establishes the Borough's findings that a public need does not exist for the properties and classifies it as surplus. KIB Planning and Zoning Resolution No. FY2020-04 shows there is no public need for these properties. As surplus property, these properties could be made available for sale by the assembly at a later date. The properties were acquired by the Borough on October 4, 2019 through the tax year 2017 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. ALTERNATIVES: FISCAL IMPACT: None OTHER INFORMATION: AGENDA ITEM #9.G. Ordinance No. FY2021-09 Determining The Disposition Of Tax Year 2017 For...Page 143 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-09 Page 1 of 3 Introduced by: Finance Director 1 Drafted by: Finance Director 2 Introduced on: 07/16/2020 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2021-09 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING 9 THE DISPOSITION OF A TAX FORECLOSED PROPERTY ACQUIRED BY CLERK’S DEED IN 10 2019 AND ESTABLISHING INTENTION TO SURPLUS AND SELL SAID PROPERTY BY 11 FINDING THAT A PUBLIC NEED DOES NOT EXIST FOR THE PROPERTY AND 12 AUTHORIZING THE PROPERTY FOR IMMEDIATE DISPOSAL (P&Z Case 20-003) 13 PLANNING AND ZONING RESOLUTION NO. FY2020-04. 14 15 WHEREAS, the Kodiak Island Borough acquired property, by clerk’s deed in 2018 as a result 16 of tax foreclosure procedures, described as: 17 18 A parcel located at 813 Thorsheim St. Kodiak, AK, formerly owned by Ronald Eads, which is 19 identified as KIB Parcel PID 14323, and by its LEGAL DESCRIPTION: LOT FORTY-SEVEN 20 (47), BLOCK ONE (1), ALEUTIAN HOMES INC. SUBDIVISION, according to Plat No. 74-9, 21 located in the Kodiak Recording District, Third Judicial District, State of Alaska, as a result of the 22 tax foreclosure procedure; and 23 24 A parcel located at NHN Ugak Bay AK, formerly owned by Charles Nellist, which is identified as 25 KIB Parcel PID 19432, and by its LEGAL DESCRIPTION: TRACT “E” OF ALASKA STATE LAND 26 SURVEY 87-167, according to Plat No. 90-27, located in the Kodiak Recording District, Third 27 Judicial District, State of Alaska, as a result of the tax foreclosure procedure; and 28 29 WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states in part: 30 (a) The municipality shall determine by ordinance whether foreclosed property deeded to the 31 municipality shall be retained for a public purpose. The ordinance must contain the legal 32 description of the property, the address or a general description of the property sufficient to 33 provide the public with notice of its location, and the name of the last record owner of the property 34 as the name appears on the assessment rolls. 35 36 (b) Tax-foreclosed property conveyed to a municipality by tax foreclosure and not required for a 37 public purpose may be sold. Before the sale of tax-foreclosed property held for a public purpose, 38 the municipality, by ordinance, shall determine that a public need does not exist. The ordinance 39 must contain the information required under (a) of this section.; and 40 41 WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed this 42 tax foreclosed property as required by KIBC 18.10.030 and has made a formal recommendation 43 by resolution no. FY2020-04 on the parcel’s disposition by recommending that this property 44 should NOT be retained for a public purpose; and 45 46 AGENDA ITEM #9.G. Ordinance No. FY2021-09 Determining The Disposition Of Tax Year 2017 For...Page 144 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-09 Page 2 of 3 WHEREAS, the Kodiak Island Borough Manager has appointed the Finance Director to oversee 47 land sale with the vacant resource manager position: and 48 49 WHEREAS, the Kodiak Island Borough Finance Director has reviewed the Commission’s 50 action, as required by KIBC 18.10.030; and 51 52 WHEREAS, the Kodiak Island Borough Finance Director has recommended the tax-foreclosed 53 properties described as: LOT FORTY-SEVEN (47), BLOCK ONE (1), ALEUTIAN HOMES INC. 54 SUBDIVISION, according to Plat No. 74-9, located in the Kodiak Recording District, Third Judicial 55 District, State of Alaska, and TRACT “E” OF ALASKA STATE LAND SURVEY 87-167, according 56 to Plat No. 90-27, located in the Kodiak Recording District, Third Judicial District, State of Alaska 57 are declared not to be of “public need” and be offered for immediate sale; and 58 59 WHEREAS, less than ten (10) years have elapsed since the expiration of the redemption period 60 of theses parcels, thus the Borough is required to send a notice of the public hearing to the last 61 known address of the former record owner within five days of the first publication of notice of the 62 hearing on this ordinance. 63 64 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 65 BOROUGH THAT: 66 67 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 68 Kodiak Island Borough Code of Ordinances. 69 70 Section 2: That the parcel located at 813 Thorsheim St. Kodiak, AK, and identified by number 71 14323; Legal Description: LOT FORTY-SEVEN (47), BLOCK ONE (1), ALEUTIAN HOMES INC. 72 SUBDIVISION, according to Plat No. 74-9, located in the Kodiak Recording District, Third Judicial 73 District, State of Alaska, located in the Kodiak Recording District, Third Judicial District, State of 74 Alaska and formerly owned by Ronald Eads has been acquired by the Kodiak Island Borough by 75 clerk’s deed for delinquent property tax accounts for the year 2017 dated October 4, 2019, 76 recorded as Document 2019-001681-0 in the Kodiak Recording District, State of Alaska, Third 77 Judicial District, pursuant to tax foreclosure, and it has been determined that a public need does 78 not exist to retain this property for Borough purposes, and the property will be sold at the earliest 79 opportunity to do so. 80 81 Section 3: That the parcel located at NHN Ugak Bay, AK and identified by number 19432; Legal 82 Description: TRACT “E” OF ALASKA STATE LAND SURVEY 87-167, according to Plat No. 90-83 27, located in the Kodiak Recording District, Third Judicial District, State of Alaska and formerly 84 owned by Charles Nellist has been acquired by the Kodiak Island Borough by clerk’s deed for 85 delinquent property tax accounts for the year 2017 dated October 4, 2019, recorded as Document 86 2019-000899-0 in the Kodiak Recording District, State of Alaska, Third Judicial District, pursuant 87 to tax foreclosure, and it has been determined that a public need does not exist to retain this 88 property for Borough purposes, and the property will be sold at the earliest opportunity to do so. 89 90 AGENDA ITEM #9.G. Ordinance No. FY2021-09 Determining The Disposition Of Tax Year 2017 For...Page 145 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-09 Page 3 of 3 Section 4: The finance director is directed to offer the property immediately by sealed bid auction 91 and the highest bidder will take ownership. The parcel shall be considered sold when the bid is 92 accepted. 93 94 Section 5: The terms to be approved by the assembly are: Bidder is to enclose a 10% deposit 95 based on the minimum bid amount shown in the bid packet. The remaining balance must be paid 96 within thirty (30) days. The Assembly may, by resolution, provide for additional sale procedures 97 and terms. 98 99 100 Section 6: If the property remains unsold after being offered for sale by sealed bid, the property 101 may be listed online for sale to any approved party for at least the minimum cost. Any parcel sold 102 by this method will be considered sold when the Borough accepts an offer for the property. 103 104 Section 7: This ordinance shall become effective as provided in KIBC 1.10.040. 105 106 107 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 108 THIS __________ DAY OF _______________, 2020. 109 110 111 KODIAK ISLAND BOROUGH 112 ATTEST: 113 114 115 ___________________________ 116 Mayor William Roberts ___________________________ 117 Alise L. Rice, Clerk 118 VOTES: 119 Ayes: 120 Noes: 121 AGENDA ITEM #9.G. Ordinance No. FY2021-09 Determining The Disposition Of Tax Year 2017 For...Page 146 of 350 Public Hearing Notice μ03,7507,5001,875 Feet Kodiak Island Borough GIS Case 20-003 Location ASLS 87-167 TRACT E BOULDER BAY Request a Tax Foreclosure property review. Please reply by December 3, 2019, if you feel a property needs to be retained for public use. Legend Subject Parcel http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways AGENDA ITEM #9.G. 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Please reply by December 3, 2019, if you feel a property needs to be retained for public use. Legend Subject Parcel http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways AGENDA ITEM #9.G. Ordinance No. FY2021-09 Determining The Disposition Of Tax Year 2017 For...Page 148 of 350 Introduced by:CDD Director Drafted by:COD Director introduced on:1/15/20 Adopted on:1/15/20 '5~ooo \ro~«u». x>mi~:-- KODIAK ISLANDBOROUGH PLANNINGANDZONING COMMISSION RESOLU‘l1ON NO.FY2020-04 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING ll COMMISSION RECOMMENDING TO THE KODIAK ISLAND BOROUGH ASSEMBLY THAT 12 THE PARCEL KNOWN AS ALEUTIAN BLOCK 1,LOT 4,BE RESERVED FOR FUTURE I3 PUBLIC USE BY THE CITY OF KODIAK AND THATTHE REMAININGTWENTY-SIX (26) I4 PARCELS IDENTIFIEDIN THE TABLE LABELLED ATTACHMENT A BE DECLARED NOT IS TO BE OF “PUBLIC NEED"ANDOFFERED AT A FUTURE KIB IAND SALE. I6 17 WHEREAS,KIBC 18.10.0130 states that upon acquisition of any real property.including real l8 property acquired by tax foreclosure,the planning commission shall review the newly acquired 19 land and make recommendations as to whether all or any portion of the land should he devoted 20 to the public use,reserved for future use to meet projected borough requirements,or made 21 available for sale,lease or other disposition in conformance to the borough comprehensive land 22 use plan ;and 23 . 24 EWHEREAS,KIBC 18.20.030.A slates that each disposal of borough land is subject to review by 25 the planning and zoning commission before submission to the assembly. 26 The commission by resolution shall make a recommendation to the assembly regarding the 27 proposed land disposal;and 7859 WHEREAS,at the regular planning and zoning meeting on December 18,2019,the commission 30 did review the 27 parcels presented to them by the KIB?nance department;and 32 WHEREAS,the commission approved the recommendations made by staff in the amended staff 33 report dated December 13.2019;and 34 35 WHEREAS,the commission now wishes to formalize those recommendations by resolution for 36 transmission to the assembly 37 38 NOW,THEREFORE,BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING 39 AND ZONINGCOMMISSIONthat 40 41 Section 1:THE PARCEL KNOWN AS ALEUTIANBLOCK 1,LOT 4,BE RESERVED FOR 42 FUTURE PUBLIC USE BY THE CITY OF KODIAK;and 43 44 ‘Section2:THE REMAININGTWENTY-SIX (26)PARCELS IDENTIFIEDIN THE TABLE 45 LAEELLEDATTACHMENTA BE DECLARED NOT TO BE OF “PUBLIC NEED" 46 AND OFFERED ATA FUTURE KIB LANDSALE. 47 ' 48 ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING ANDZONING COMMISSION Kodiak Island Borough,Alaska ResolutionNo.FY2020~04 Page 1 of 4 AGENDA ITEM #9.G. Ordinance No. FY2021-09 Determining The Disposition Of Tax Year 2017 For...Page 149 of 350 49 50 51 52 55 S7 58 59 60 62 63 THIS 15th DAY OF January,2020. PLANNINGANDZONING COMMISSION Dave Townsend.Chair VOTES: Ayes: Noes: ATTEST: EL;Eta Erin Welty.CDD Directo Kodiaklsiand Borough,Aiaska Resolu?on No.FY2020-O4 Page 2 of 4 AGENDA ITEM #9.G. Ordinance No. FY2021-09 Determining The Disposition Of Tax Year 2017 For...Page 150 of 350 64 65 66 67 68 69 70 ATTACHMENT A KODlAK URBANAREA 8:ROAD SYSTEM Elderberry Heights Bk 1 Lt 13 USS 3472 Lt 4 1619 Selief Ln. Legal Description Location U55 3098 Lot 26A 110 Bancroft Dr.Vacant U55 3100 Lot 11A 547 Carroll Way R2 Mobile Home Residence Aleutian BK1 Lt 47 I813 Thorshelm St.R1 Single Family Residence RR1 Single Family Residence Isthmus Bay U55 3472 Lt 11 isthmus Bay CN Single Family Residence Vaca nt KODIAK ISLANDREMOTE: Legal Description Location Zoning Use Sunny Cove Lt 29 Spruce island RR1 Vacant I Sunny Cove Lot 36 Spruce island RR1 Vacant T:l0S RZSW Sec 30 SE 34NE V.SE V.Larsen Bay CN Vacant USS1891 Cape Karluk CN Vacant U55 1699 Shuyak island CN Recreation Cabin T315 R29W TL1404 Amook island CN Vacant ASLA92-100 Santa Flavia WH Vacant ASLA90-51 Tr A Boulder Bay WH Vacant ASLA90-S1 Tr B Boulder Bay WH Vacant ASLS87-157 Tr E Boulder Bay WH Vacant KODIAK ISLANDVILLAGES: Legal Description Location Zoning Use Dd Harbor'l'r E Bk9 Lt 7 Elderberry St.R1 Single Family Residence l T305 R29WSec 30 Easterly S25‘Uyak Bay CN Cabin Government Lot 5 Less SE‘/4NE>1 SE ‘,4Larsen Bay Larsen Bay Tr A Bk 17 Lt 3 First St.R1 Single Family Residence Old KarlukTr D Lt 16 Old Karluk R1 Vacant Karluk Bk 1 Lt 1 KarlukAve.R1 Single Family Residence Karluk Bk4 L12 KarlukAve.R1 Single Family Residence Port Lions Bk12 Lt 5 109 BirchDr,R1 Single Family Residence Port Lions 3"‘Bk2 Lt 7 216 Malina St.R1 Single Family Residence Kodiak island Borough.Alaska Resolution No.FY2020-04 Page 3 of 4 AGENDA ITEM #9.G. Ordinance No. FY2021-09 Determining The Disposition Of Tax Year 2017 For...Page 151 of 350 73 SUBMERGED PROPERTSES: Lea!Descriptidn J Old KarlukTrD u 5 cm Kariuk uss 82 7 KarlukRiver 74 ! l ! ‘Kodiak Island Borough,Alaska Resolution No.FY2020-04 Page 4 of 4 i AGENDA ITEM #9.G. Ordinance No. FY2021-09 Determining The Disposition Of Tax Year 2017 For...Page 152 of 350 2019-—001681—0 RecordingDistrict303 Kodiak 10/15/201902:22 PM Page 1 of 4 lllilllllllllllllllllllllllllIIl lllllllIllllIllllllllllIlllllll lllllllllllllllllllllllIll >7tm>r"> COVER PAGE CLERK'SDEED In Re:Delinguent Property Tax Accounts for the Year 2017 and Prior Years in the Kodiak Island Borough 3K0-18-00038 Cl Third Judicial District at Kodiak,Alaska For recording in the Kodiak Recording District Third Judicial District,State of Alaska After Recording Return to: KODIAKISLANDBOROUGH Attn:Revenue Accountant 710 Mill Bay Road Kodiak,AK 99615 DO NOT DETACH AGENDA ITEM #9.G. Ordinance No. FY2021-09 Determining The Disposition Of Tax Year 2017 For...Page 153 of 350 30::INEIYSATLAWREET,suns:ALASKA WWOTEILCPHQNEr907»aa:vm:uup0.\_\Jr\r\/—\LLAweer:mun;omwzzmru?\LLl ATT540wi(ETCHH<AN, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Scott A.Brandt-Erichsen Alaska Bar No:8811175 Keene &Currall,PPC 540 Water Street,Suite 302 Ketchikan,Alaska 99901 Phone:(907)2254131 Fax:(907)225-0540 E-mail:courtdocs@keenecurrall.com IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KODIAK IN RE:DELINQUENT TAXES AND SPECIAL ASSESSMENTS FOR THE YEAR 2017 AND PRIOR YEARS, IN THE KODIAK ISLAND BOROUGH. NO.3K0-18-38 CI DEED BY CLERK OF COURT TO KODIAK ISLAND BOROUGH,ALASKA Whereas,an Order,Final Judgment and Decree was entered in the above- entitled matter on June 30,2018;and Whereas,the one—year period of redemption provided for by AS 29.45.400 expires thirty (30)days after the first publication of a redemption period expiration notice;and Whereas,such notice provided for by AS 29.45.440 was duly made in respect to the property described below,which first publication was on July 5,2019. NOW,THEREFORE,pursuant to the power vested in me by AS 29.45.450,I, J.Suzanne Cowley,Clerk of the Superior Court fortheThird Judicial District at Kodiak, Alaska,204 Mission Road,Room 124,Kodiak,Alaska 99615,convey and quitclaim Alaska 99615,the following described properties: DEED BY CLERK OF COURT -Page 1 of 3 in Re:Delinquent Taxes and Special Assessments For the Years 2017 and Prior Years Case No,3KO—18-38Cl AGENDA ITEM #9.G. Ordinance No. FY2021-09 Determining The Disposition Of Tax Year 2017 For...Page 154 of 350 r~(.l_I‘4L 0 LUY’CKl—\LLArnrlrgamnvlu;on:o=:.n IATTOWNEYSATLAsacwznan<wrr7EE‘r,sun:30?KETCHHQAN,ALASKA WVGOI\’l:r..[‘DHQN:t€‘O‘)225-mru 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LOT 10,BLOCK 9,TRACT A,U88 4871 Plat No.72- 1,Townsite of Ouzinkie,Alaska,Kodiak Recording District,Third Judicial District,State of Alaska. LOT THREE (3),BLOCK SEVENTEEN (17),TRACT A,LARSEN BAY TOWNSITE,U.S.SURVEY NO. 4872,according to Plat No.69-3,located in the Kodiak Recording District,Third Judicial District,State of Alaska. LOT FORTY-SEVEN (47),BLOCK ONE (1), ALEUTIANHOMES INC.SUBDIVISION,according to Plat No.74-9 in the Kodiak Recording District,Third Judicial District,State of Alaska. LOT THIRTEEN (13),BLOCK ONE (1), ELDERBERRYHElGHTS SUBDIVISION,according to the of?cial plat thereof,?led under Plat Number 79-26, located in the Kodiak Recording District,Third Judicial District,State of Alaska. Lot 7,Block 2,Third Addition,Port Lions Subdivision, according to the of?cial plat thereof ?led under Plat No. 83-14,located in the Kodiak Recording District,Third Judicial District,State of Alaska, EXCEPTING THEREFROM the subsurface estate, and all rights,privileges,immunities and appurtenances,of whatsoever nature,accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of December 18,1971 {85 Stat.688, 794;43 U.S.C.1601,1613 (f)(1976)}. TRACT E OF ALASKA STATE LAND SURVEY 87- 167,according to Plat No.90-27 located in the Kodiak Recording District,Third Judicial District,State of Alaska. Lot Two (2),Block Four (4),Karluk Subdivision, according to Flat No.78-16,located in the Kodiak Recording District,Third Judicial District,State of Alaska. llllllllllllllllllllllllzl illllllllllilillllllllPage3of4 2019-—DU1581—-G DEED BY CLERK OF COURT -Page 2 of 3 In Re:Delinquent Taxes and Special Assessments For the Years 2017 and Prior Years Case No.3K0-18«38 CI AGENDA ITEM #9.G. Ordinance No. FY2021-09 Determining The Disposition Of Tax Year 2017 For...Page 155 of 350 ml r. G rt A wx20Y'{_9<.s€&unL s;onr~_wnv-on “Oi E -1 J » 4 ID >w 2 a U i— i- <1 :40 wzman rnnatr,euKETCHIKAN,ALASKATEt.E',rnwOHr:won 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXCEPTING THEREFROM the subsurface estate, and all rights,privileges,immunities and appurtenances,of whatsoever nature,accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of December 18,1971 {85 Stat.688, 794;43 U.S.C.1601,1613 (f)(1976)}. Situated in the Kodiak Island Borough,Kodiak Recording District,Third Judicial District,State of Alaska. DATED this SEP2 3 2019 llllillllllllli 2019-UD1681—l) at :,,/. THIS IS TO CERTIFY that on this 4 day of 2019,before me, the undersigned,a Notary Public in and for the State of Alaska,duly commissioned and sworn,personally appeared J.Suzanne Cowley to me known to be the Clerk of the Superior Court,known to be the person who executed the foregoing instrument who on oath stated that she was duly authorized to execute said instrument on behalf of the State of Alaska,Superior Court,who acknowledged to me that she signed and sealed the same freely and voluntarily on behalf of the State of Alaska,for the uses and purposes therein mentioned. STATE OF ALASKA ) )55: THIRDJUDlClAL DISTRICT ) WITNESS my b above written. ,*0 ~ ‘T i3iéi3L§gl'iEDinDlSTRlBUTlONA5Y rrice KO lAl<_‘Lv.Q r, DEED BY CLERK OF COURT —Page 3 of 3 ii In Re Delinquent Taxes and Special Assessments For the Years 2017 and Prior Years Case No. AGENDA ITEM #9.G. Ordinance No. FY2021-09 Determining The Disposition Of Tax Year 2017 For...Page 156 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2021-12 Of The Assembly Of The Kodiak Island Borough Amending KIBC Title 3 Revenue And Finance, Chapter 3.80 Excise Tax On Cigarettes And Tobacco Products Section .020 Definitions and Section .030 Excise Tax On Cigarettes And Tobacco Products. ORIGINATOR: Dennis Symmons RECOMMENDATION: Move to postpone Ordinance No. FY2021-12 to the regular meeting of the assembly on September 17, 2020. DISCUSSION: VERSION 2 During the July 16th regular assembly meeting, staff was directed to include the taxation of vaping into our code. During the research process, staff collected the following information: Tobacco Excise Tax Rates for: • Juneau Borough - $3/pack and 45% on other tobacco products • Matanuska- Susitna Borough - 110 mils/cigarette and 55% on other tobacco products • Anchorage - 124.6 mils/cigarette and 55% on other tobacco products • Fairbanks - 8% on all tobacco products ORIGINAL This ordinance was sponsored by As sembly member Symmons during the regular meeting of June 18, 2020. The request was to increase the tobacco excise tax for products brought into the borough for distribution or sale as follows: • cigarettes from $0.05 to $0.075 per cigarette; and • other tobacco products from 25% to 37.5% of wholesale price ALTERNATIVES: FISCAL IMPACT: Potential increase in excise tax revenues of $200,000. Due to the Maximum Allowable Tax Revenue Cap, additional excise funds would reduce property tax revenues by an equal amount. OTHER INFORMATION: Title 3 Revenue and Finance Chapter 3.10.190 Review of service fees. Not less than on the beginning of every calendar year, the finance director shall prepare a list of all fees for services charged by the various departments of borough government. The list shall be submitted to the departments involved for comments concerning the fees and a AGENDA ITEM #9.H. Ordinance No. FY2021-12 Of The Assembly Of The Kodiak Island Borough Ame...Page 157 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough recommendation as to whether or not the fee or fees should be raised, lowered, or remain the same. The finance director shall submit a report of his findings, including the department comments and recommendations, to the manager for presentation to the assembly. The assembly may, by resolution, raise or lower any fee on the submitted list. [Ord. 98-03 §2, 1998; Ord. 83-2-O §1, 1983. Formerly §3.04.065]. Clerk's Note: This item was introduced on July 16, 2020 and sent to public at the regular meeting on August 20, 2020. AGENDA ITEM #9.H. Ordinance No. FY2021-12 Of The Assembly Of The Kodiak Island Borough Ame...Page 158 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-12 Page 1 of 4 Introduced by: Assembly Member Dennis Symmons 1 Drafted by: Finance Director 2 Introduced on: July 16, 2020 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2021-12 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9 KIBC TITLE 3 REVENUE AND FINANCE, CHAPTER 3.80 EXCISE TAX ON CIGARETTES 10 AND TOBACCO PRODUCTS SECTIONS .020 DEFINITIONS AND SECTION .030 EXCISE TAX 11 ON CIGARETTES AND TOBACCO PRODUCTS. 12 13 WHEREAS, the Kodiak Island Borough has authority granted to it by AS 29.35.010 to levy a 14 tax; and 15 16 WHEREAS, Ordinance No. FY2018-04 assessed a new excise tax on tobacco and tobacco 17 products effective October 1, 2017; and 18 19 WHEREAS, the fees of the Borough are to be reviewed annual per KIBC 3.10.190; and 20 21 WHEREAS, the assembly desires to increase the fee rate for tobacco and tobacco products. 22 23 WHEREAS, the assembly desires to expand the definition of ‘other tobacco products’, 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH THAT: 27 28 Section 1: This ordinance is of permanent nature and shall become a part of the Kodiak Island 29 Borough Code of Ordinances. 30 31 Section 2: That Section 3.80.020 Definitions of the Kodiak Island Borough Code of Ordinances 32 is amended to read as follows: 33 34 The following words, terms, and phrases, when used in this chapter, shall have the meanings 35 ascribed to them in this section, except where the context clearly indicates a different meaning: 36 A. “Borough” means the Kodiak Island Borough, Alaska. 37 B. “Brought into or acquired” includes all manners, ways, and modes of bringing into or 38 obtaining cigarettes or tobacco products in the borough. 39 C. “Buyer” means a person who brings into or acquires in the borough cigarettes or other 40 tobacco products for his own consumption from any source other than a manufacturer, 41 distributor, direct-buying retailer or retailer. 42 D. “Cigarette” means a roll for smoking of any size or shape, made wholly or partly of tobacco, 43 whether the tobacco is flavored, adulterated, or mixed with another ingredient, if the 44 wrapper or cover of the roll is made of paper or a material other than tobacco. 45 E. “Department” means the borough finance department. 46 AGENDA ITEM #9.H. Ordinance No. FY2021-12 Of The Assembly Of The Kodiak Island Borough Ame...Page 159 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-12 Page 2 of 4 F. “Direct-buying retailer” means a person who is engaged in the sale of the cigarettes or 47 other tobacco products at retail in the borough, and who brings or causes them to be 48 brought into the borough. 49 G. “Distributor” means a person who brings cigarettes or other tobacco products or causes 50 them to be brought into the borough, and who sells or distributes them to others for resale 51 in the borough. 52 H. “Inventory count” means the effective date and details of a count by description, including 53 the trade name and brand, purchase price and total quantity on hand of all cigarettes and 54 other tobacco products. Detail must be subtotaled and distinguished between cigarettes 55 and other tobacco products which are taxable and cigarettes and other tobacco products 56 which were acquired exempt of the borough excise tax under this chapter. 57 I. “Licensee” means a person licensed under this chapter. 58 J. “Manufacturer” means a person who makes, fashions or produces cigarettes or other 59 tobacco products for sale to distributors or other persons within the borough. 60 K. “Other tobacco products” means: 61 a. A cigar; 62 b. A cheroot; 63 c. A stogie; 64 d. A perique; 65 e. Snuff and snuff flour; 66 f. Smoking tobacco, including granulated, plug-cut, crimp-cut and ready-rubbed 67 tobacco, and any form of tobacco suitable for smoking in a pipe or cigarette; 68 g. Chewing tobacco, including cavendish, twist, plug, or scrap tobacco and tobacco 69 suitable for chewing; or 70 h. An article or product made wholly or in part of tobacco or a tobacco substitute or 71 otherwise containing nicotine that is expected or intended for human 72 consumption, but not including a cigarette as defined in this section or a tobacco 73 substitute prescribed by a licensed physician or a product that has been 74 approved by the United States Food and Drug Administration for sale as a 75 tobacco use cessation or harm reduction product or for other medical 76 purposes and which is being marketed and sold solely for that approved 77 purpose; or 78 i. Any noncombustible device that provides a vapor of liquid nicotine to the 79 user or relies on vaporization of any liquid or solid nicotine, including 80 devices manufactured as e-cigarettes, e-cigars, e-pipes or under any other 81 product name. 82 L. “Person” includes an individual, company, partnership, joint venture, joint agreement, 83 association (mutual or otherwise), corporation, estate, trust, business trust, receiver or 84 trustee, syndicate, or political subdivision of this state, or combination acting as a unit, 85 including individuals who are employees or officers of any of the such entities who are 86 under a duty to perform an act concerning which a violation of this chapter could occur. It 87 is the intent of this chapter that such persons be personally liable for unremitted taxes. 88 M. “Place of business” means a place where cigarettes or other tobacco products are sold, 89 or where they are brought or kept for the purpose of sale or consumption, including a 90 vessel, vehicle, airplane or train. 91 AGENDA ITEM #9.H. Ordinance No. FY2021-12 Of The Assembly Of The Kodiak Island Borough Ame...Page 160 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-12 Page 3 of 4 N. “Purchase” means the acquisition of ownership or possession of cigarettes or other 92 tobacco products from any source. 93 O. “Record” means a group of logically related fields of information concerning events 94 affecting an organization, which is an integral part of an accounting information system, 95 where separate, identifiable transaction data is entered as historical data. 96 P. “Retail” means a sale to a consumer or to any person for any purpose other than for resale. 97 Q. “Retailer” means a person in the borough who is engaged in the business of selling 98 cigarettes or other tobacco products at retail. 99 R. “Sale” includes a sale, barter, exchange and every other manner of transferring the 100 ownership of personal property. 101 S. “Tax” means the cigarette and other tobacco products excise tax assessed pursuant to 102 this chapter. 103 T. “Tax return” means the quarterly report to be submitted to the department as required by 104 this chapter. 105 U. “Vending machine operator” means a person who brings or causes cigarettes or tobacco 106 products to be brought into the borough and who owns or operates a vending machine 107 that dispenses cigarettes, whether the vending machine is installed on the person’s own 108 premises or installed elsewhere. 109 V. “Wholesale price” means the established price for which a manufacturer sells a tobacco 110 product to a distributor or other person, after deduction of a discount or other reduction 111 received by the distributor for quantity or cash. [Ord. FY2018-04 §2, 2017]. 112 113 Section 3: That Section 3.08.030 Excise tax on cigarettes and other tobacco products of the 114 Kodiak Island Borough Code of Ordinances is amended to read as follows: 115 116 A. Excise Tax on Cigarettes. The borough hereby levies an excise tax of $0.05 $0.075 on 117 each cigarette brought into the borough for distribution or sale in the borough beginning 118 on October 1, 2017. Cigarettes upon which the tax is imposed are not again subject to the 119 tax when acquired by another person. 120 B. Excise Tax on Other Tobacco Products. The borough hereby levies an excise tax on other 121 tobacco products at the rate of 25 37.5 percent of the wholesale price of tobacco products 122 brought into the borough for distribution or sale in the borough after October 1, 2017. 123 124 Effective Date: This ordinance shall take effect upon adoption. 125 126 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 127 THIS _________ DAY OF __________, 2020. 128 129 KODIAK ISLAND BOROUGH 130 ATTEST: 131 132 ___________________________ 133 William Roberts, Mayor ___________________________ 134 Alise L. Rice, Borough Clerk 135 136 VOTES: 137 AGENDA ITEM #9.H. Ordinance No. FY2021-12 Of The Assembly Of The Kodiak Island Borough Ame...Page 161 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-12 Page 4 of 4 Ayes: 138 Noes: 139 AGENDA ITEM #9.H. Ordinance No. FY2021-12 Of The Assembly Of The Kodiak Island Borough Ame...Page 162 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-12 Page 1 of 2 Introduced by: Assembly Member Dennis Symmons 1 Drafted by: Finance Director 2 Introduced on: July 16, 2020 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2021-12 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9 KIBC TITLE 3 REVENUE AND FINANCE, CHAPTER 3.80.30 EXCISE TAX ON CIGARETTES 10 AND TOBACCO PRODUCTS. 11 12 WHEREAS, the Kodiak Island Borough has authority granted to it by AS 29.35.010 to levy a 13 tax; and 14 15 WHEREAS, Ordinance No. FY2018-04 assessed a new excise tax on tobacco and tobacco 16 products effective October 1, 2017; and 17 18 WHEREAS, the fees of the Borough are to be reviewed annual per KIBC 3.10.190; and 19 20 WHEREAS, the desires to increase the fee rate for tobacco and tobacco products. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 23 BOROUGH THAT: 24 25 Section 1: This ordinance is of permanent nature and shall become a part of the Kodiak Island 26 Borough Code of Ordinances. 27 28 Section 2: That Section 3.08.030 Excise Tax on Cigarettes and Other Tobacco products of 29 the Kodiak Island Borough Code of Ordinances is amended to read as follows: 30 31 A. Excise Tax on Cigarettes. The borough hereby levies an excise tax of $0.05 $0.075 on 32 each cigarette brought into the borough for distribution or sale in the borough beginning 33 on October 1, 2017. Cigarettes upon which the tax is imposed are not again subject to the 34 tax when acquired by another person. 35 B. Excise Tax on Other Tobacco Products. The borough hereby levies an excise tax on other 36 tobacco products at the rate of 25 37.5 percent of the wholesale price of tobacco products 37 brought into the borough for distribution or sale in the borough after October 1, 2017. 38 39 Effective Date: This ordinance shall take effect upon adoption. 40 41 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 42 THIS _________ DAY OF __________, 2020. 43 44 KODIAK ISLAND BOROUGH 45 ATTEST: 46 AGENDA ITEM #9.H. Ordinance No. FY2021-12 Of The Assembly Of The Kodiak Island Borough Ame...Page 163 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-12 Page 2 of 2 47 ___________________________ 48 William Roberts, Mayor ___________________________ 49 Alise L. Rice, Borough Clerk 50 51 VOTES: 52 Ayes: 53 Noes: 54 AGENDA ITEM #9.H. Ordinance No. FY2021-12 Of The Assembly Of The Kodiak Island Borough Ame...Page 164 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2021-13 Adding A Ballot Proposition At The Next Regular Municipal Election To Be Held On October 6, 2020. ORIGINATOR: Alise Rice RECOMMENDATION: Move to adopt Ordinance No. FY2021-13. DISCUSSION: An ordinance of the Assembly of the Kodiak Island Borough adding a Ballot Proposition at the next Regular Municipal Election to be held on October 6, 2020, on whether to authorize the Assembly to draw from the Facilities Fund over the next five (5) fiscal years, FY2022 to FY2026, to be applied towards the payment of Borough Bond Debt. ALTERNATIVES: None. FISCAL IMPACT: None. OTHER INFORMATION: None. AGENDA ITEM #9.I. Ordinance No. FY2021-13 Adding A Ballot Proposition At The Next Regular ...Page 165 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-13 Version 1 Page 1 of 2 Introduced by: Assembly Members Dvorak and Skinner 1 Version 1 Drafted by: Assembly Member Dvorak 2 Introduced on: 07/16/2020 3 Public Hearing Date: 00/00/2020 4 Adopted on: 00/00/2020 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2021-13 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADDING A 9 BALLOT PROPOSITION AT THE NEXT REGULAR MUNICIPAL ELECTION TO BE HELD ON 10 OCTOBER 6, 2020, ON WHETHER TO AUTHORIZE THE ASSEMBLY TO DRAW FROM THE 11 FACILITIES FUND OVER THE NEXT FIVE (5) FISCAL YEARS, FY2022 TO FY2026, TO BE 12 APPLIED TOWARDS THE PAYMENT OF BOROUGH BOND DEBT. 13 14 WHEREAS, in accordance with Kodiak Island Borough Code (KIBC) 3.10.120(A), the Facilities 15 Fund is created as a special revenue fund separate from the general fund of the Kodiak Island 16 Borough; and 17 18 WHEREAS, KIBC 3.10.120(D) provides for specific limited use of this special revenue fund, 19 furthermore requiring a ballot measure for other uses of the fund in accordance with KIBC 20 3.10.120(D); and 21 22 WHEREAS, it has been the predominant sentiment of the assembly that the assembly should 23 not take substantial draws from the Facilities Fund without approval of the voters, even if those 24 draws could be made in an otherwise legal manner according to the existing code framework; 25 and 26 27 WHEREAS, a majority of the assembly has been reluctant to address the matter of giving itself 28 more control, in code, over the use of the Facilities Fund without taking such matters to the voters 29 first; and 30 31 WHEREAS, rather than proposing such a code change, which would open the possibility of the 32 assembly using Facilities Funds to balance the borough budget in ways that the voters might not 33 envision or be able to quantify at the time of the election, the assembly has decided instead to 34 place before the voters a specific proposal, authorizing the potential use of Facilities Funds over 35 the next five (5) fiscal years, FY2022 until FY2026; and 36 37 WHEREAS, this approach will allow voters the ability to make the most informed decision, 38 whether to make certain Facilities Funds available for the express purpose of bond debt payments 39 as an alternative to potentially raising taxes or further cutting borough services during those 40 specified fiscal years by providing a discrete, one time, authorization to the assembly; and 41 42 WHEREAS, if approved by 2/3 of the qualified voters during the 2020 Regular Municipal 43 Election, the ultimate disposition of the specified Facilities Funds would be further subject to 44 annual budget appropriation process by future assemblies, such that the assembly could decide 45 whether or not to use those funds previously authorized by the voters for bond debt payments on 46 AGENDA ITEM #9.I. Ordinance No. FY2021-13 Adding A Ballot Proposition At The Next Regular ...Page 166 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-13 Version 1 Page 2 of 2 a year by year basis, but that the maximum amount allowable, in any given year, would be known 47 ahead of time if so approved by voters. 48 49 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 50 BOROUGH THAT: 51 52 Section 1: This Ordinance is not of general application and shall not be codified. 53 54 Section 2: An election is to be held on October 6, 2020 in the Kodiak Island Borough and the 55 following proposition shall be submitted to the qualified voters for approval or rejection. A 2/3 56 majority of those voters, qualified and voting in favor of the proposition, shall be required for 57 approval. 58 59 PROPOSITION NO. 1 60 Shall the Kodiak Island Borough Assembly be permitted to draw funds not to exceed the 61 amounts shown below for each fiscal year, in the form of a grant from the Facilities Fund, for 62 bond debt payments in accordance with the following schedule? 63 64 FY2022 - $3,100,000 65 FY2023 - $3,100,000 66 FY2024 - $3,100,000 67 FY2025 - $3,100,000 68 FY2026 - $2,100,000 69 70 ⃝ YES 71 ⃝ NO 72 73 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 74 THIS _______ DAY OF ______, 2020. 75 76 KODIAK ISLAND BOROUGH 77 ATTEST: 78 79 ___________________________ 80 William Roberts, Mayor ___________________________ 81 Alise L. Rice, Borough Clerk 82 83 VOTES: 84 Ayes: 85 Noes: 86 AGENDA ITEM #9.I. Ordinance No. FY2021-13 Adding A Ballot Proposition At The Next Regular ...Page 167 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-13 Version 2 Deletion - Red, Strikeout Insertion - Bold, Blue, Underline Page 1 of 2 Introduced by: Assembly Member Dvorak and Assembly Member Skinner 1 VERSION 2 Drafted by: Assembly Member Dvorak 2 Revised by the Clerk and Attorney Introduced on: 07/16/2020 3 Public Hearing Date: 00/00/2020 4 Adopted on: 00/00/2020 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2021-13 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADDING 10 PLACING A BALLOT PROPOSITION BEFORE THE VOTERS AT THE NEXT REGULAR 11 MUNICIPAL ELECTION TO BE HELD ON OCTOBER 6, 2020,. ON WHETHER TO AUTHORIZE 12 THE ASSEMBLY TO DRAW APPROPRIATE FUNDS FOR PAYMENT OF BOND DEBT FROM 13 THE FACILITIES FUND OVER THE NEXT FIVE (5) FISCAL YEARS, FY2022 TO FY2026, TO 14 BE APPLIED TOWARDS THE PAYMENT OF BOROUGH BOND DEBT. SUBJECT TO A 15 DEFINED ANNUAL LIMIT. 16 17 WHEREAS, in accordance with Kodiak Island Borough Code (KIBC) 3.10.120.(A), the Facilities 18 Fund is created as a special revenue fund separate from the general fund of the Kodiak Island 19 Borough; and 20 21 WHEREAS, KIBC 3.10.120.(D) provides for specific limited use of this special revenue fund, 22 furthermore requiring a ballot measure for other uses of the fund in accordance with KIBC 23 3.10.120.(D); and 24 25 WHEREAS, it has been the predominant sentiment of the assembly that the assembly should 26 not take substantial draws from the Facilities Fund without approval of the voters, even if those 27 draws could be made in an otherwise legal manner according to the existing code framework; 28 and 29 30 WHEREAS, a majority of the assembly has been reluctant to address the matter of giving itself 31 more control, in code, over the use of the Facilities Fund without taking such matters to the voters 32 first; and 33 34 WHEREAS, rather than proposing such a code change, which would open the possibility of the 35 assembly using Facilities Funds to balance the Borough Budget in ways that the voters might not 36 envision or be able to quantify at the time of the election, the Assembly has decided instead to 37 place before the voters a specific proposal, authorizing the potential use of Facilities Funds over 38 the next five (5) fiscal years, FY2022 until FY2026; and 39 40 WHEREAS, this approach will allow voters the ability to make the most informed decision, 41 whether to make certain Facilities Funds available for the express purpose of bond debt payments 42 as an alternative to potentially raising taxes or further cutting borough services during those 43 specified fiscal years by providing a discrete, one time, authorization to the assembly; and 44 AGENDA ITEM #9.I. Ordinance No. FY2021-13 Adding A Ballot Proposition At The Next Regular ...Page 168 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-13 Version 2 Deletion - Red, Strikeout Insertion - Bold, Blue, Underline Page 2 of 2 WHEREAS, if approved by 2/3 of the qualified voters during the 2020 election, the ultimate 45 disposition of the specified Facilities Funds would be further subject to annual budget 46 appropriation process by future assemblies, such that the assembly could decide whether or not 47 to use those funds previously authorized by the voters for bond debt payments on a year by year 48 basis, but that the maximum amount allowable, in any given year, would be known ahead of time 49 if so approved by voters, 50 51 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 52 BOROUGH THAT: 53 54 Section 1: This ordinance is not of general application and shall not be codified. 55 56 Section 2: An election is to be held on October 6, 2020 in the Kodiak Island Borough and the 57 following proposition shall be submitted to the qualified voters for approval or rejection. A 2/3 58 majority of those voters, qualified and voting in favor of the proposition, shall be required for 59 approval. 60 PROPOSITION NO. X 1 61 Shall the Kodiak Island Borough Assembly be permitted authorized to make grants from the 62 draw funds not to exceed the amounts shown below for each fiscal year, in the form of a grant 63 from the Facilities Fund, for bond debt payments in annual amounts not to exceed 64 accordance with the following schedule?: 65 66 FY2022 - $3,100,000 67 FY2023 - $3,100,000 68 FY2024 - $3,100,000 69 FY2025 - $3,100,000 70 FY2026 - $2,100,000 71 72 ⃝ YES 73 ⃝ NO 74 75 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 76 THIS _______ DAY OF ______, 2020. 77 78 KODIAK ISLAND BOROUGH 79 ATTEST: 80 81 ___________________________ 82 William Roberts, Mayor ___________________________ 83 Alise L. Rice, Borough Clerk 84 85 VOTES: 86 Ayes: 87 Noes: 88 AGENDA ITEM #9.I. Ordinance No. FY2021-13 Adding A Ballot Proposition At The Next Regular ...Page 169 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-13 Version 3 Deletion - Red, Strikeout Insertion - Bold, Blue, Underline Page 1 of 3 Introduced by: Assembly Member Dvorak and Assembly Member Skinner 1 VERSION 3 Drafted by: Assembly Member Dvorak 2 Revised by the Clerk and Attorney Introduced on: 07/16/2020 3 Public Hearing Date: 00/00/2020 4 Adopted on: 00/00/2020 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2021-13 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADDING 10 PLACING A BALLOT PROPOSITION BEFORE THE VOTERS AT THE NEXT REGULAR 11 MUNICIPAL ELECTION TO BE HELD ON OCTOBER 6, 2020,. ON WHETHER TO AUTHORIZE 12 THE ASSEMBLY TO DRAW APPROPRIATE FUNDS FOR PAYMENT OF BOND DEBT FROM 13 THE FACILITIES FUND OVER THE NEXT FIVE (5) FISCAL YEARS, FY2022 TO FY2026, TO 14 BE APPLIED TOWARDS THE PAYMENT OF BOROUGH BOND DEBT. SUBJECT TO A 15 DEFINED ANNUAL LIMIT. 16 17 WHEREAS, in accordance with Kodiak Island Borough Code (KIBC) 3.10.120.(A), the Facilities 18 Fund is created as a special revenue fund separate from the general fund of the Kodiak Island 19 Borough; and 20 21 WHEREAS, KIBC 3.10.120.(D) provides for specific limited use of this special revenue fund, 22 furthermore requiring a ballot measure for other uses of the fund in accordance with KIBC 23 3.10.120.(D); and 24 25 WHEREAS, it has been the predominant sentiment of the assembly that the assembly should 26 not take substantial draws from the Facilities Fund without approval of the voters, even if those 27 draws could be made in an otherwise legal manner according to the existing code framework; 28 and 29 30 WHEREAS, a majority of the assembly has been reluctant to address the matter of giving itself 31 more control, in code, over the use of the Facilities Fund without taking such matters to the voters 32 first; and 33 34 WHEREAS, rather than proposing such a code change, which would open the possibility of the 35 assembly using Facilities Funds to balance the Borough Budget in ways that the voters might not 36 envision or be able to quantify at the time of the election, the Assembly has decided instead to 37 place before the voters a specific proposal, authorizing the potential use of Facilities Funds over 38 the next five (5) fiscal years, FY2022 until FY2026; and 39 40 WHEREAS, this approach will allow voters the ability to make the most informed decision, 41 whether to make certain Facilities Funds available for the express purpose of bond debt payments 42 as an alternative to potentially raising taxes or further cutting borough services during those 43 specified fiscal years by providing a discrete, one time, authorization to the assembly; and 44 AGENDA ITEM #9.I. Ordinance No. FY2021-13 Adding A Ballot Proposition At The Next Regular ...Page 170 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-13 Version 3 Deletion - Red, Strikeout Insertion - Bold, Blue, Underline Page 2 of 3 WHEREAS, if approved by 2/3 of the qualified voters during the 2020 election, the ultimate 45 disposition of the specified Facilities Funds would be further subject to annual budget 46 appropriation process by future assemblies, such that the assembly could decide whether or not 47 to use those funds previously authorized by the voters for bond debt payments on a year by year 48 basis, but that the maximum amount allowable, in any given year, would be known ahead of time 49 if so approved by voters, 50 51 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 52 BOROUGH THAT: 53 54 Section 1: This ordinance is not of general application and shall not be codified. 55 56 Section 2: Notwithstanding any provision of KIBC 3.10.120 to the contrary, during five 57 consecutive fiscal years from 2022 through 2026 the assembly may, by simple majority approval 58 of an appropriations ordinance, appropriate and expend funds in the amounts listed in this section 59 from the Facilities Fund for purposes of debt service. Appropriations authorized by this ordinance 60 may include either principal or earnings or both. Appropriations authorized by this ordinance shall 61 not be subject to further voter ratification. The amounts available for appropriation by the authority 62 of this ordinance are in the following maximum amounts: 63 64 FY2022 - $3,100,000 65 FY2023 - $3,100,000 66 FY2024 - $3,100,000 67 FY2025 - $3,100,000 68 FY2026 - $2,100,000 69 70 The authorization for appropriations in a particular fiscal year under this ordinance is limited to 71 the specific fiscal year and cannot be carried over or accumulated. If an appropriation is not made 72 in a particular fiscal year, then the authorization for that year set out in this ordinance lapses and 73 the appropriation is not authorized by this ordinance. 74 75 Section 3: An election is to be held on October 6, 2020 in the Kodiak Island Borough and the 76 following proposition shall be submitted to the qualified voters for approval or rejection. A 2/3 77 majority of those voters, qualified and voting in favor of the proposition, shall be required for 78 approval. 79 80 81 82 83 84 85 86 87 88 89 90 AGENDA ITEM #9.I. Ordinance No. FY2021-13 Adding A Ballot Proposition At The Next Regular ...Page 171 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-13 Version 3 Deletion - Red, Strikeout Insertion - Bold, Blue, Underline Page 3 of 3 PROPOSITION NO. X 1 91 Shall the Kodiak Island Borough Assembly be permitted authorized to make grants from the 92 draw funds not to exceed the amounts shown below for each fiscal year, in the form of a grant 93 from the Facilities Fund, for bond debt payments in annual amounts not to exceed 94 accordance with the following schedule?: 95 96 FY2022 - $3,100,000 97 FY2023 - $3,100,000 98 FY2024 - $3,100,000 99 FY2025 - $3,100,000 100 FY2026 - $2,100,000 101 102 ⃝ YES 103 ⃝ NO 104 105 Section 4: Section 3 of this ordinance shall become effective immediately upon adoption. 106 Section 2 of this ordinance shall become effective upon certification of the results of the Regular 107 Municipal Election of October 6, 2020, but only if the proposition set forth in Section 3 receives 108 approval of a 2/3 majority of the voters voting on the question. 109 110 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 111 THIS _______ DAY OF ______, 2020. 112 113 KODIAK ISLAND BOROUGH 114 ATTEST: 115 116 ___________________________ 117 William Roberts, Mayor ___________________________ 118 Alise L. Rice, Borough Clerk 119 120 VOTES: 121 Ayes: 122 Noes: 123 AGENDA ITEM #9.I. Ordinance No. FY2021-13 Adding A Ballot Proposition At The Next Regular ...Page 172 of 350 Manager’s Report Michael Powers August 6, 2020 Activities Worked on various Emergency Management Issues including staffing, interactions within the Borough Building. Attended to emails and phone calls from my time off. Responded to the Earthquake and Tsunami Alert. Reported to the EOC and monitored information streams. Reviewed various personnel rules and issues. Met with union to discuss a couple of situations. Researched, then discussed sales tax with the Borough Attorney and Financing Director. Will present at next meeting. Bayside Fire Chief Interviews-I interviewed the two candidates and met with the Board regarding the candidates. Enjoyed some time off in beautiful Pasagshak! Thank you to my staff. Checked on several “complaints/issues” including illegal dumping, bridge issues at Chiniak, and improvements at the LTCC. Attended the Emergency Services Council meeting. Significant discussion about mandating masks, tests for all travelers to the island, and enforcement. Upcoming Nothing planned at this time. AGENDA ITEM #10.A. Borough Manager's Report For August 6, 2020 Page 173 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2021-14 Assembly Of The Kodiak Island Borough Appropriating $---- For Purposes Of Advocating In Favor Of A Ballot Proposition At The October 6, 2020 Regular Municipal Election. ORIGINATOR: Alise Rice RECOMMENDATION: Motion on the table is; Move to advance Ordinance No. FY2021 -14 to public hearing at the next regular meeting of the assembly. DISCUSSION: An ordinance of the Assembly of the Kodiak Island Borough appropriating $---- for purposes of advocating in favor of a Ballot Proposition at the October 6, 2020 Regular Municipal Election. ALTERNATIVES: None. FISCAL IMPACT: None. OTHER INFORMATION: None. AGENDA ITEM #12.A. Ordinance No. FY2021-14 Assembly Of The Kodiak Island Borough Appropriat...Page 174 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-14 Page 1 of 2 Introduced by: Assembly Member Dvorak and Assembly Member Skinner 1 Drafted by: Borough Attorney Scott Brandt-Erichsen 2 Introduced on: 07/16/2020 3 Public Hearing Date: 00/00/2020 4 Adopted on: 00/00/2020 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2021-14 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 APPROPRIATING $ FOR PURPOSES OF ADVOCATING IN FAVOR OF A BALLOT 10 PROPOSITION AT THE OCTOBER 6, 2020 REGULAR MUNICIPAL ELECTION. 11 12 WHEREAS, The Kodiak Island Borough Assembly finds that the current situation with oil prices 13 and unemployment make it likely that the State of Alaska may continue to fail to fully fund school 14 bond debt service reimbursement payments due the Borough for the next few fiscal years; and 15 16 WHEREAS, The Kodiak Island Borough Assembly finds that when the State of Alaska fails to 17 fully fund school bond debt service reimbursement, the amount of the shortfall is unpredictable 18 and may vary widely from year to year; and 19 20 WHEREAS, The Kodiak Island Borough Assembly finds that if that shortfall must be made up 21 from local property tax levies, the impact may cause wide fluctuations in tax rates from year to 22 year; and 23 24 WHEREAS, The Kodiak Island Borough Assembly finds that the current Borough General 25 Obligation Bond payments are anticipated to be highest through FY2026, and then expected to 26 be reduced in FY2027 and later; and 27 28 WHEREAS, The Kodiak Island Borough Assembly finds that significant shifts in tax rates from 29 year to year produces instability in the business climate and may be damaging to economic 30 development; and 31 32 WHEREAS, The Kodiak Island Borough Assembly finds that if the State of Alaska continues to 33 fail to fully fund school bond debt service reimbursement payments due the Borough, the Borough 34 may mitigate the need for dramatic shifts in tax rates from year to year to meet debt service 35 requirements by allowing some use of principal of the Facilities Fund for grants or direct payments 36 to smooth the fluctuation in taxes required for debt service; and 37 38 WHEREAS, The Kodiak Island Borough Assembly finds that the Facilities Fund is an areawide 39 borough reserved fund which contains sufficient funds to facilitate grants when needed to allow 40 the Borough to respond to unexpected fiscal challenges or budgetary demands caused by failure 41 of the State of Alaska to fully fund school bond debt reimbursement, and that it is in the public 42 interest to allow this flexibility on a temporary basis through FY2026; and 43 44 AGENDA ITEM #12.A. Ordinance No. FY2021-14 Assembly Of The Kodiak Island Borough Appropriat...Page 175 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-14 Page 2 of 2 WHEREAS, The Kodiak Island Borough Assembly finds that KIBC 3.10.120 calls for approval 45 of 2/3 of the Borough voters voting on the question in order to authorize expenditures from the 46 principal of the Facilities Fund; and 47 48 WHEREAS, The Kodiak Island Borough Assembly finds that Proposition No. 1 placed before 49 the voters to ratify Ordinance 2021-13 allowing the principal of the Facilities Fund to be used on 50 an interim basis through FY2026 as a source for making debt service payments under KIBC 51 3.10.120(D)(4) would, if approved, enable the Borough to moderate the fluctuation in property tax 52 rates required to make debt service payments; and 53 54 WHEREAS, The Kodiak Island Borough Assembly finds AS 15.13.145 allows use of Borough 55 funds to promote a ballot proposition so long as the funds for that purpose have been specifically 56 appropriated by ordinance for that purpose; and 57 58 WHEREAS, The Kodiak Island Borough Assembly finds that it is in the public interest to 59 appropriate $_____ to be expended on advocacy in favor of Proposition No. 1 at the October 6, 60 2020 Regular Municipal Election. 61 62 63 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 64 BOROUGH THAT: 65 66 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 67 Kodiak Island Borough Code of Ordinances. 68 69 Section 2: That the sum of $_____ is appropriated from the General Fund fund balance for the 70 purpose of advocating in favor of ballot proposition No. 1 at the October 6, 2020 regular municipal 71 election. 72 73 Effective Date: This ordinance takes effect upon adoption. 74 75 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 76 THIS __________ DAY OF _______________, 2020. 77 78 KODIAK ISLAND BOROUGH ATTEST: 79 80 81 ___________________________ ___________________________ 82 William Roberts, Mayor Alise L. Rice, Borough Clerk 83 84 VOTES: 85 Ayes: 86 Noes: 87 AGENDA ITEM #12.A. Ordinance No. FY2021-14 Assembly Of The Kodiak Island Borough Appropriat...Page 176 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler Building Fuel Tank Installation. ORIGINATOR: Matt Gandel RECOMMENDATION: Move to authorize the Borough Manager to execute Contract No. FY2021-05 with Scott's Heating and Plumbing Service, Inc. for the Providence Kodiak Island Medical Center & Baler Building Fuel Tank Installation project in an amount not to exceed $187,500. 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 installation of new fuel tanks at Providence Kodiak Island Medical Center (PKIMC) and the Landfill Baler Building. Design was completed by Jensen Yorba Wall and RSA Engineers and approved by the Architectural/Engineering Review Board. The scope of work for this project is completing the necessary site work and installing new fuel tanks and fuel pi ping. Procurement of the tanks was previously bid and awarded; the tank for the Baler Building is already on site, and the tank for PKIMC is scheduled to arrive in mid-August 2020. Both facilities previously had underground fuel tanks/lines that experie nced leaks and were decommissioned. Temporary above ground tanks and piping are in place but these tanks are undersized for long term usage. This project will install new tanks with the proper concrete footings and fuel piping. An invitation to bid was issued on July 13, 2020 and bids were due and opened on July 28, 2020. Two bids were received, and the apparent low bidder was Red Hook Construction LLC (see attached bid tabulation). On July 30, 2020, Red Hook sent a letter withdrawing their bid because they failed to include the cost of a new leak detection panel at the PKIMC fuel tank. The next lowest bidder was Scott's Heating and Plumbing Service, Inc. Staff has confirmed with Scott's that they have the entire scope of work included in their bid. Based on discussions with the design team and other contractors who were involved in the bidding process, staff is comfortable recommending award of the contract to Scott's for their bid amount. This work is scheduled to be complete by September 15, 2020. ALTERNATIVES: Take no action or reject all bids. Neither of these are recommended since to complete the work during summer 2020 requires awarding a contract in a timely fashion. FISCAL IMPACT: The work at PKIMC 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 staff. The work at the Baler Building will be funded by the Solid Waste Enterprise Fund. AGENDA ITEM #13.A.1. Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 177 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough OTHER INFORMATION: KIBC Title 3 Revenue and Finance, Chapter 3.30 Contract, Purchase, Sale and Transfer Procedures, Section3.30.020 Limitation on Manager's Authority The manager may not make an acquisition, sale, transfer, or contract authorized by KIBC 3.30.010 if the value of the property, service, or contract exceeds $25,000 without first obtaining assembly approval with the exception of utility bills, which may be paid without assembly approval. Similar types of work, even if performed in different geographic locations, are considered “in the aggregate” regardless of the project, contract, purchase orders, or change order and require assembly notifi cation if the total payment to one contractor exceeds $25,000 in one fiscal year. AGENDA ITEM #13.A.1. Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 178 of 350 Contract No. FY2021-05 Kodiak Island Borough Construction Contract Page 1 of 3 KODIAK ISLAND BOROUGH, ALASKA CONSTRUCTION CONTRACT PKIMC & BALER BUILDING OIL TANK REPLACEMENT # 20001/18005 PROJECT NAME AND NUMBER This CONTRACT ("Contract"), between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager, and Scotts Heating & Plumbing Services, Inc. Company Name 1414 Mill Bay Road, Kodiak, AK 99615 Company Address (Street or PO Box, City, State, Zip) a/an Individual Partnership Limited Liability Company Sole Proprietorship X Corporation incorporated under the laws of the State of Alaska its successors and assigns, herein called the Contractor, is effective the date of the signature of the Borough Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the Borough, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the above-referenced project as bid by the Contractor, which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the Borough, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the Borough. In no event shall the Borough be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the Borough. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor’s own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. Payment under this Contract shall not exceed One Hundred Eighty-Seven Thousand and Five Hundred Dollars and Zero Cents ($187,500.00) for the Base Bid. The Contractor further covenants and agrees that all materials shall be furnished and delivered, and all work and labor shall be done and performed, in every respect, to the satisfaction of the Borough, on or before: September 30, 2020. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the Borough, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the Borough shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the Borough shall have the right to recover Liquidated Damages as described in the General Conditions for each calendar day elapsing between the time stipulated for achieving completion of an AGENDA ITEM #13.A.1. Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 179 of 350 Contract No. FY2021-05 Kodiak Island Borough Construction Contract Page 2 of 3 individual phase and the actual date of completion of that phase in accordance with the terms hereof; such deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of $187,500.00 Payment Bond, and $187,500.00 Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the Borough subject to the inspection at all times and approval by any regulatory agency, and in accordance with the laws of the State of Alaska and the Borough. For purposes of this Contract, Contracting Officer means Michael Powers or any other person designated by the Borough Manager. The Contractor is an independent contractor and not an employee or agent of the Borough. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: 1) Drawings dated July 9, 2020 2) Project Manual dated July 9, 2020 3) Addendum #1 dated July 21, 2020 4) Addendum #2 dated July 22, 2020 AGENDA ITEM #13.A.1. Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 180 of 350 Contract No. FY2021-05 Kodiak Island Borough Construction Contract Page 3 of 3 IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Scotts Heating & Plumbing Services, Inc. Company Name Signature of Authorized Company Representative Name and Title Date KODIAK ISLAND BOROUGH Signature of Borough Manager Michael Powers Typed Name Date Alise Rice Borough Clerk (ATTEST) AGENDA ITEM #13.A.1. Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 181 of 350 Contractor Base Bid Red Hook Construction, LLC.$134,900.00 Scotts Heating & Plumbing, Inc.$187,500.00 This bid tabulation is unofficial until KIB staff have a chance to review and verify the bid documents submitted by the apparent low bidder,and a contract receives administrative or Assembly approval. Kodiak Island Borough Bid Tabulation Bid Opening: 7/28/20 - 2:00 pm Baler Building & PKIMC Oil Tank Replacement AGENDA ITEM #13.A.1. Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 182 of 350 Z=..:._§._..E Zn.Ema 02%..dnownnnZnanmnn m=m5,.....n.=m\m_n._a8Unwnnnsnan NOE E25 monocmr SoKB wnv.5 wean?>W 89 m Em"EAESO anwan...wcmnmnmO:42%Wnwsnninsn UR: Ewan Hmomma"noSmog <0:9:2n wan €E.mB,S.=mocn ca mom9...wnowonn95 no mannnon on Ea Enrica om armm:n_«Sr 5%mo8nn.o_._.den :58 Hr.”Wzwnnmmwon.3135 ..._§%m_._mE=an_. H£uo_o.m§..momEn 5no:<nE.n=nn. :V5::36 Ea.acnmnoam.EonmoQ_.=an 3 Godmug$3 on 33. an nnn=..oor®©uFm_B.=on no.we.mm; Noam.»>_mw_S 83m §u.§Te&§e=m.§u..§.m§?n». 3§S mw U <8 nsmnnmn n§nBcnn\2_EEmnn AGENDA ITEM #13.A.1.Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 183 of 350 AGENDA ITEM #13.A.1.Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 184 of 350 AGENDA ITEM #13.A.1.Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 185 of 350 AGENDA ITEM #13.A.1.Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 186 of 350 AGENDA ITEM #13.A.1.Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 187 of 350 AGENDA ITEM #13.A.1.Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 188 of 350 AGENDA ITEM #13.A.1.Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 189 of 350 L8096 SHEET TITLEREVISIONSJensenYorbaWallInc.522 West 10th StreetJuneau, Alaska 99801907.586.1070AECC137jensenyorbawall.comMechanical andElectrical ConsultingEngineersASR670 West Fireweed Lane, Suite 200Anchorage, AK 99503(907)276-0521Corporate No.: AECC542Kodiak Island Borough Kodiak, Alaska Oil Tank ReplacementPKIMC & Baler BuildingBID SETJuly 9, 2020DATE:FILE:7/9/2020M101LEGEND ANDABBREVIATIONSABBREVIATIONSPIPING LEGENDAGENDA ITEM #13.A.1.Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 190 of 350 123BELECTRICAL123CGENERATORDEMOLITION NOTES:L8096 SHEET TITLEREVISIONSJensenYorbaWallInc.522 West 10th StreetJuneau, Alaska 99801907.586.1070AECC137jensenyorbawall.comMechanical andElectrical ConsultingEngineersASR670 West Fireweed Lane, Suite 200Anchorage, AK 99503(907)276-0521Corporate No.: AECC542Kodiak Island Borough Kodiak, Alaska Oil Tank ReplacementPKIMC & Baler BuildingBID SETJuly 9, 2020DATE:FILE:7/9/2020M201PKIMC FUEL TANKDEMOLITIONPKIMC FUEL TANK DEMOLITION PLAN8'SCALE:01'13'5'AGENDA ITEM #13.A.1.Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 191 of 350 123BELECTRICAL123CGENERATOR1M2032M203L8096 SHEET TITLEREVISIONSJensenYorbaWallInc.522 West 10th StreetJuneau, Alaska 99801907.586.1070AECC137jensenyorbawall.comMechanical andElectrical ConsultingEngineersASR670 West Fireweed Lane, Suite 200Anchorage, AK 99503(907)276-0521Corporate No.: AECC542Kodiak Island Borough Kodiak, Alaska Oil Tank ReplacementPKIMC & Baler BuildingBID SETJuly 9, 2020DATE:FILE:7/9/2020M202PKIMC FUEL TANKPLANPKIMC FUEL TANK AND PIPING PLAN8'SCALE:01'13'5'AGENDA ITEM #13.A.1.Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 192 of 350 NO SMOKINGFLAMMABLESHEET NOTES:L8096 SHEET TITLEREVISIONSJensenYorbaWallInc.522 West 10th StreetJuneau, Alaska 99801907.586.1070AECC137jensenyorbawall.comMechanical andElectrical ConsultingEngineersASR670 West Fireweed Lane, Suite 200Anchorage, AK 99503(907)276-0521Corporate No.: AECC542Kodiak Island Borough Kodiak, Alaska Oil Tank ReplacementPKIMC & Baler BuildingBID SETJuly 9, 2020DATE:FILE:7/9/2020M203PKIMC FUEL TANKDETAILSPKIMC REMOTE FILL BOX DETAIL21/2"=1'-0"GENERAL INSTALLATION NOTES:PKIMC FUEL TANK AND PIPING PLANSCALE 1/4"=1' 1AGENDA ITEM #13.A.1.Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 193 of 350 L8096 SHEET TITLEREVISIONSJensenYorbaWallInc.522 West 10th StreetJuneau, Alaska 99801907.586.1070AECC137jensenyorbawall.comMechanical andElectrical ConsultingEngineersASR670 West Fireweed Lane, Suite 200Anchorage, AK 99503(907)276-0521Corporate No.: AECC542Kodiak Island Borough Kodiak, Alaska Oil Tank ReplacementPKIMC & Baler BuildingBID SETJuly 9, 2020DATE:FILE:7/9/2020M204PKIMC FUEL TANKEXHIBIT DRAWINGS” ” ” ” ” —” ’ —” ’ —” ” ” —” ” ” —” —” ” ””“” “” “” OWNER FURNISHED PKIMC FUEL TANK AND FITTINGS1OWNER FURNISHED PKIMC FUEL TANK APPURTENANCES2AGENDA ITEM #13.A.1.Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 194 of 350 2M211SHEET TITLEREVISIONS670 West Fireweed Lane, Suite 200(907) 276-0521Anchorage, AK 99503 Mechanical andElectrical ConsultingEngineersASRCorporate No.: AECC542JensenYorbaWallInc.522 West 10th StreetJuneau, Alaska 99801907.586.1070AECC137jensenyorbawall.comKodiak Island Borough Kodiak, Alaska Oil Tank ReplacementPKIMC & Baler BuildingBID SETJuly 9, 2020L9019DATE:FILE:7/9/2020FUEL TANK PLAN1FUEL OIL PIPING AT BOILER2PLAN AND DETAILSFUEL TANKBALER BUILDINGM211AGENDA ITEM #13.A.1.Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 195 of 350 SHEET TITLEREVISIONS670 West Fireweed Lane, Suite 200(907) 276-0521Anchorage, AK 99503 Mechanical andElectrical ConsultingEngineersASRCorporate No.: AECC542JensenYorbaWallInc.522 West 10th StreetJuneau, Alaska 99801907.586.1070AECC137jensenyorbawall.comKodiak Island Borough Kodiak, Alaska Oil Tank ReplacementPKIMC & Baler BuildingBID SETJuly 9, 2020L9019DATE:FILE:7/9/2020DETAILSFUEL TANKBALER BUILDINGM212GENERAL INSTALLATION NOTES:SHEET NOTES:OWNER FURNISHED FUEL TANK APPURTENANCES2OWNER FURNISHED FUEL TANK AND FITTINGS1AGENDA ITEM #13.A.1.Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 196 of 350 L8096 SHEET TITLEREVISIONSJensenYorbaWallInc.522 West 10th StreetJuneau, Alaska 99801907.586.1070AECC137jensenyorbawall.comMechanical andElectrical ConsultingEngineersASR670 West Fireweed Lane, Suite 200Anchorage, AK 99503(907)276-0521Corporate No.: AECC542Kodiak Island Borough Kodiak, Alaska Oil Tank ReplacementPKIMC & Baler BuildingBID SETJuly 9, 2020DATE:FILE:7/9/20E001PKIMC KEY PLAN & GROUNDING DETAIL......KEY PLAN2SCALE: 1" = 40'-0" NO SCALEFUEL TANK GROUNDING DETAIL1SHEET NOTESAGENDA ITEM #13.A.1.Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 197 of 350 123BELECTRICAL123CGENERATORL8096 SHEET TITLEREVISIONSJensenYorbaWallInc.522 West 10th StreetJuneau, Alaska 99801907.586.1070AECC137jensenyorbawall.comMechanical andElectrical ConsultingEngineersASR670 West Fireweed Lane, Suite 200Anchorage, AK 99503(907)276-0521Corporate No.: AECC542Kodiak Island Borough Kodiak, Alaska Oil Tank ReplacementPKIMC & Baler BuildingBID SETJuly 9, 2020DATE:FILE:7/9/20E201PKIMC FUEL TANKELECTRICAL PLAN......PKIMC FUEL TANK ELECTRICAL PLAN8'SCALE:01'SCALE: 1/4" = 1'-0" 13'5'SHEET NOTESAGENDA ITEM #13.A.1.Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 198 of 350 SHEET TITLEREVISIONS670 West Fireweed Lane, Suite 200(907) 276-0521Anchorage, AK 99503 Mechanical andElectrical ConsultingEngineersASRCorporate No.: AECC542JensenYorbaWallInc.522 West 10th StreetJuneau, Alaska 99801907.586.1070AECC137jensenyorbawall.comKodiak Island Borough Kodiak, Alaska Oil Tank ReplacementPKIMC & Baler BuildingBID SETJuly 9, 2020L9019DATE:FILE:7/9/20...ELECTRICAL PLANFUEL TANKBALER BUILDINGE211BALER BUILDING FUEL TANK ELECTRICAL PLAN1GENERAL NOTESSHEET NOTESLEGENDAGENDA ITEM #13.A.1.Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 199 of 350 SHEET TITLEREVISIONS670 West Fireweed Lane, Suite 200(907) 276-0521Anchorage, AK 99503 Mechanical andElectrical ConsultingEngineersASRCorporate No.: AECC542JensenYorbaWallInc.522 West 10th StreetJuneau, Alaska 99801907.586.1070AECC137jensenyorbawall.comKodiak Island Borough Kodiak, Alaska Oil Tank ReplacementPKIMC & Baler BuildingBID SETJuly 9, 2020L9019DATE:FILE:7/9/20...ELECTRICAL DETAILSBALER BUILDINGE311FUEL TANK CLASSIFICATION - TYPICAL ELEVATION2TYPICAL FUEL TANK GROUNDING DETAIL3FUEL TANK CLASSIFICATION - PLAN VIEW1SHEET NOTES:CONTACTOR DETAIL4AGENDA ITEM #13.A.1.Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler B...Page 200 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Change Order No.10 Amending Contract No. FY2019-10 Architectural And Engineering Services Term Contract For Design For The Kodiak Fisheries Research Center Fume Hood Exhaust System Project. ORIGINATOR: Matt Gandel RECOMMENDATION: Authorize the Borough Manager to execute Change Order No.10 amending Contract No. FY2019 -10 with Jensen Yorba Wall, Inc. for Architectural and Engineering Services Term Contract in an amount not to exceed $14,915. 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 design services for the KFRC Fume Hood Exhaust System project. The fume hoods at KFRC currently have issues maintaining sufficient air flow when a certain number of hoods are in use. This is a life safety issue as the hoods allow for safe use of chemicals during lab work. The design process for this project will look at potential remedies such as replacing the exhaust fan, modifying existing ductwork, or both. ALTERNATIVES: Take no action or do not approve the change order. Neither of these are recommended as this is a life safety issue that needs to be remedied. FISCAL IMPACT: This work will be funded by the Kodiak Fisheries Research Center Enterprise Fund. OTHER INFORMATION: KIBC Title 3 Revenue and Finance, Chapter 3.30 Contract, Purchase, Sale and Transfer Procedures, Section 3.30.100 Change orders – Manager authority. The manager, or designee, is authorized, without assembly approval, to enter into change orders with respect to borough projects where the amount of additional expenditure occasioned by the change order or orders does not, in the aggregate, exceed the total contract amounts approved for the project, plus project contingency equal to 10 percent of the approved contract amount. Additio nal contingency may be requested and approved by the assembly. The manager, or designee, shall report monthly to the assembly the nature and amount of such change orders. Project approval should include a budget for the project that includes a contingency line item of 10 percent. Change orders above the manager’s approval limit, but not exceeding five percent of the original contract amount or $50,000, whichever is lower, require approval by: A. The mayor and deputy presiding officer; B. The mayor and one assembly member in the absence of the deputy presiding officer; C. The deputy presiding officer and one assembly member in the absence of the mayor. AGENDA ITEM #13.A.2. Change Order No.10 Amending Contract No. FY2019-10 Architectural And Eng...Page 201 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough Such approval may be by signature or electronic signature. Change orders greater than five percent of approved contract amount or $50,000, whichever is lower, require assembly approval. The authority contained in this section is independent and exclusive o f the purchasing authority defined in KIBC 3.30.010. AGENDA ITEM #13.A.2. Change Order No.10 Amending Contract No. FY2019-10 Architectural And Eng...Page 202 of 350 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: KFRC Fume Hood Exhaust System TBD Contractor: Jensen Yorba Wall, Inc. Term Contract No.: 2019-10 Change Order No.: 10 Original Project Budget: $ 75,000.00 Original Contract: $ 0.00 Previous Budget Changes: $ 0.00 Previous Changes: $ 347,027.00 Adjusted Project Budget: $ 0.00 This Change: $ 14,915.00 To-Date Project Expenses: $ 0.00 % of Original Contract >5% To-Date Project Encumbrances: $ 0.00 Adjusted Contract: $ 361,942.00 Current Remaining Project Budget: $ 75,000.00 Description of Change Cost Provide design services to investigate, recommend, and design required upgrades to the KFRC Fume Hood Exhaust System. Upgrade will potentially include replacement of exhaust fan and/or modifications to existing ductwork. Design fees to be lump sum; any construction administration required will be charged on a time and materials basis. $ 14,915.00 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.2. Change Order No.10 Amending Contract No. FY2019-10 Architectural And Eng...Page 203 of 350 Jensen Yorba Wall Architecture Interior Design Construction Management Page 1 of 1 522 West 10th Street, Juneau, Alaska 99801 907.586.1070 jensenyorbawall.com Designing Community Since 1935 Date: July 28, 2020 To: Matt Gandel, Dave Conrad From: Corey Wall Re: KFRC Fume Hood Replacement (JYW No. 20023) Design and CA Fee Proposal Thank you for contacting us for design services for the Fume Hood replacement at the KFRC Building. Scope of the project is as follows: • See attached Mechanical and Electrical Fee Proposal for specific scope items. In general, the project is a replacement of the fume hood fan. • Architectural services will include preparation of base plans for engineering work and front end specifications. Please note the following assumptions: • Site visits by the architectural team are not included at this time. Limited engineering site investigation during a previously-scheduled trip has already been completed. Additional on-site information will be provided by KIB staff. • Architectural construction work is assumed to be limited to patch and paint. No changes to the fume hoods or casework are anticipated. No demolition or reconstruction for access to fume hood fan is anticipated. • Professional cost estimation is not included at this time. The design team will offer a rough construction estimate based on previous/current Kodiak projects. • Construction Administration from the architectural team is very limited, with the majority of services provided by the engineers. Additional services, including on-site observations can certainly be added if desired. Thanks again! We look forward to working with you. AGENDA ITEM #13.A.2. Change Order No.10 Amending Contract No. FY2019-10 Architectural And Eng...Page 204 of 350 DESIGN SERVICES PROPOSALSUMMARYProject: KFRC Fume Hood ReplacementJYW Project No.:SERVICES FEE TYPE EXPENSES TAX TOTALPre‐Design $0 Lump sum $0 $0 $0Site Analysis $0 Lump sum $0 $0 $0Schematic Design $0 Lump sum $0 $0 $0Design Development $0 Lump sum $0 $0 $0Construction Documents $8,177 Lump sum $0 $0 $8,177Bidding and Negotiations $0 Lump sum $0 $0 $0Construction Administration $5,484 Time/Expense $1,254 $0 $6,738Construction Observations $0 Time/Expense $0 $0 $020023G:\_Projects\20023\0scopefee\KFRC Fume Hood Replacement Fees.xltxSUM 37/28/2020TOTAL$14,915G:\_Projects\20023\0scopefee\KFRC Fume Hood Replacement Fees.xltxSUM 37/28/2020AGENDA ITEM #13.A.2. Change Order No.10 Amending Contract No. FY2019-10 Architectural And Eng...Page 205 of 350 DESIGN SERVICES PROPOSALCONSTRUCTION DOCUMENT SERVICES Project:KFRC Fume Hood ReplacementJYW Project No.:Exec A Cler A ACCSTAFF:PMgr A‐III A‐II A‐I Int III Int II ID‐III ID‐II ID‐I CM‐III CM‐II CM‐I D‐II D‐I EA CA ATOTAL$170 $140 $125 $110 $95 $85 $140 $115 $65 $140 $120 $95 $95 $85 $80 $40 $85ARCHITECTURE:Project Management2Code StudySite PlanFloor Plans4Reflected Ceiling PlansDivision 0 & 1 Specifications3Interior Design20023ArchitectConstruction Manage.DrafterKFRC Fume Hood Replacement Fees.xltx‐50 CD67/28/2020Subtotal Hours500000000004000009Subtotal Dollars $850000000000038000000$1,230CONSULTANTS:Civil EngineeringStructural EngineeringMechanical Engineering $4,450Electrical Engineering $1,865Hazardous Materials EngineeringLandscape ArchitectureSubtotal $6,315Overhead/Profit 10% $632Consultants Total Labor $6,947Subtotal Construction Document Services LABOR$8,177Subtotal Construction Document Services REIMBURSABLES (see attached)$0TOTAL CONSTRUCTION DOCUMENT SERVICES FEE$8,177Cost EstimatingKFRC Fume Hood Replacement Fees.xltx‐50 CD67/28/2020AGENDA ITEM #13.A.2. Change Order No.10 Amending Contract No. FY2019-10 Architectural And Eng...Page 206 of 350 DESIGN SERVICES PROPOSALCONSTRUCTION ADMINISTRATIONProject:KFRC Fume Hood ReplacementJYW Project No.:Exec A Cler A ACCSTAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA ATOTAL$170 $140 $125 $110 $95 $85 $140 $115 $65 $140 $120 $95 $95 $85 $80 $40 $85ARCHITECTURE: Project Management2Pre-Construction Conf1ClarificationsSubmittal ReviewTesting/Inspection RFIs/RFPs/CO'S4Project MeetingsField Observations6 @ 12 hoursSubstantial Compl Insp1 @ 12 hoursFinal Completion Insp1 @ 12 hoursClose out2Interior Design20023ArchitectConstruction Manage.DrafterKFRC Fume Hood Replacement Fees.xltx-70 CA17/28/2020Close-out2Subtotal Hours000000000900000009Subtotal Dollars $0000000001,2600000000$1,260CONSULTANTS:Civil EngineeringStructural EngineeringMechanical Engineering $3,460Electrical Engineering $380Hazardous Materials EngineeringLandscape ArchitectureSubtotal $3,840Overhead/Profit 10% $384Consultants Total Labor $4,224Subtotal Construction Administration Services LABOR$5,484Subtotal Construction Administration Services REIMBURSABLES (see attached)$1,254TOTAL CONSTRUCTION ADMINISTRATION SERVICES FEE$6,738KFRC Fume Hood Replacement Fees.xltx-70 CA17/28/2020AGENDA ITEM #13.A.2. Change Order No.10 Amending Contract No. FY2019-10 Architectural And Eng...Page 207 of 350 DESIGN SERVICES PROPOSALREIMBURSABLE EXPENSESJYW Project No.:KFRC Fume Hood ReplacementJYW Project No.: 2002310 20 30 40 50 60 70 80PHASE: Pre‐D Site SD DD CD BID CA CO TOTALTRAVELArchTrips000000000Cost$0$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0CivilTrips000000000Cost$0$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0Struct Trips000000000Cost$0$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0Mech Trips000000000Cost$0$0.00$0.00$0.00$0.00$0.00$0.00 $1,140.00$0.00$1,140Elect Trips000000000Cost$0$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0OtherTrips000000000Cost$0$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0Subtotal$0$0$0$0$0$0$1,140$0$1,140PER DIEMArchNo. Days000000000CivilNo. Days000000000StructNo Days000000000Struct No. Days000000000Mech No. Days000000000Elect No. Days000000000OtherNo. Days000000000Rate$0000000000Total$0$0$0$0$0$0$0$0 $0PRINTING/COPYING11 x 17 CopyNo. Sheets000000000Rate$0.25$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00Letter Copy:No. Sheets000000000Rate$0.15$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00Total$0$0$0$0$0$0$0$0 $0SCANSRate$0 $0 $0 $0 $0 $0 $0 $0$0CD'sRate$0 $0 $0 $0 $0 $0 $0 $0$0POSTAGE/COURIERRate$0 $0 $0 $0 $0 $0 $0 $0$0MISSCELANEOUSRate$0 $0 $0 $0 $0 $0 $0 $0$0ENGIN REIMBRate$0 $0 $0 $0 $0 $0 $0 $0$0RENDERINGSRate$0 $0 $0 $0 $0 $0 $0 $0$0OH/P10%$0$0$0$0$0$0$114$0$114TOTAL REIMBURSABLES$0$0$0$0$0$0$1,254$0$1,254KFRC Fume Hood Replacement Fees.xltx-Reimb87/28/2020AGENDA ITEM #13.A.2. Change Order No.10 Amending Contract No. FY2019-10 Architectural And Eng...Page 208 of 350 670 W. Fireweed Ln, Ste 200 Anchorage, AK (907) 276-0521 l www.rsa-ak.com Mechanical & Electrical Engineers July 9, 2020 Revised July 16, 2020 Jensen, Yorba, Wall 522 W. 10th Street Juneau, AK 99801 ATTENTION: Corey Wall Dear Corey, REFERENCE: Kodiak Fisheries Research Center Lab Ventilation Upgrades RSA Engineering is pleased to offer a fee proposal for mechanical and electrical engineering services for the referenced project. We have based our scope of work on your e-mail correspondence dated July 2nd, 2020, previous ventilation upgrade drawings dated February 7th, 2013, along with the following assumptions: • We understand the existing lab hood exhaust fan is creating insufficient air flow at the hoods and the owner would like to replace it. • We will design a replacement fan. This will include investigating the duct system connected to the fan to determine the proper size. We will also specify a re-balance of the system to set it up for proper airflow. • Our design will include sizing the electrical system for the new larger motor. This proposal assumes the branch panel has sufficient capacity and only the local circuit will need to be upgraded. • We will have personnel in Kodiak on July 20th. We will have them take a quick look at the site if possible. This proposal assumes on-site photos and measurements we may need will be provided to us by KIB. • We will provide a 95% set of plans for your review prior to providing signed documents. We have eliminated the 35% narrative submittal. • Construction phase services will be provided on a Time and Expenses basis and include submittal review, DCVR review/response, one construction inspection, review of operation and maintenance manuals, and preparation of record drawings based upon contractor generated redline mark-ups. Exclusions: • Travel delays are not included in our fee for site visits outside of Anchorage. Travel delays will be billed up to 8 hours per day of actual time including reimbursable expenses incurred. • We have not included seismic restraint design of mechanical equipment. If not provided by a structural engineer, we will specify a custom engineered restraint system by a restraint supplier that specializes in this work. • Commissioning services, LEED services, and cost estimation services are not included in our proposal at this time. If these services are desired in the future, we propose to negotiate costs for the work at that time. AGENDA ITEM #13.A.2. Change Order No.10 Amending Contract No. FY2019-10 Architectural And Eng...Page 209 of 350 July 16, 2020 Page 2 of 2 RSA proposes the following lump sum Design fees for this project: Mechanical Electrical Site Investigation 360.00$ 260.00$ 95% Design 3,220.00$ 1,300.00$ Construction Documents 870.00$ 305.00$ 4,450.00$ 1,865.00$ Design Total: 6,315.00$ RSA proposes the following Time and Expenses Construction administration (CA) fees for this project: Please review and advise if this proposal is acceptable by signing below and returning a copy to our office as our notice to proceed. We look forward to working with you on this project. Sincerely, Mark R. Frischkorn, P.E. Vice President mrf/hhm 20-0301r/P20-218 Accepted for Jensen, Yorba, Wall Mechanical Electrical Reimbursables Construction Administration 1,120.00$ 380.00$ Construction Inspection 2,340.00$ -$ 1,140.00$ 3,460.00$ 380.00$ 1,140.00$ CA Total: 4,980.00$ AGENDA ITEM #13.A.2. Change Order No.10 Amending Contract No. FY2019-10 Architectural And Eng...Page 210 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus Emergency Supplemental Funds For Local Public Safety Agency Grant. ORIGINATOR: Dave Conrad RECOMMENDATION: Move to authorize the Borough Manager to accept the Alaska Department of Public Safety, Coronavirus Emergency Supplemental Funds for Local Public Safety Agency Grant in the amount of $1,500 for the Womens Bay Volunteer Fire Department. DISCUSSION: An application was submitted to the Department of Public Safety program to purchase PPE and Decontamination Supplies. A grant in the amount of $1,500 with no matching funds required was awarded. Resolution No. FY2021-08 authorizes the acceptance of a $1,500 grant on the behalf of the Womens Bay Volunteer Fire Department to assist in the purchase of Coronavirus Personal Protective Equipment (PPE) and Decontamination Supplies. ALTERNATIVES: Reject the acceptance of the grant funds. FISCAL IMPACT: None. OTHER INFORMATION: None. AGENDA ITEM #13.B.1. Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus...Page 211 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-08 Page 1 of 1 Introduced by: Engineering and Facilities Director Dave Conrad 1 Drafted by: Dave Conrad 2 Introduced on 08/06/2020 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2021-08 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ACCEPTING AN 9 ALASKA DEPARTMENT OF PUBLIC SAFETY (DPS) GRANT FOR THE WOMENS BAY 10 VOLUNTEER FIRE DEPARTMENT 11 12 WHEREAS, Resolution No. FY2021-08 authorizes the acceptance of a $1,500 grant on the 13 behalf of the Womens Bay Volunteer Fire Department to assist in the purchase of Coronavirus 14 Personal Protective Equipment (PPE) and Decontamination Supplies; and 15 16 WHEREAS, an application was submitted to the DPS program to purchase this PPE and 17 Decontamination Supplies in the amount of $1,500 with no matching funds required; and 18 19 WHEREAS, a grant in the amount of $1,500 has been awarded to the Womens Bay Volunteer 20 Fire Department and has funds to cover any costs above the awarded amount; and 21 22 WHEREAS, acceptance of the grant award will result in the Womens Bay Volunteer Fire 23 Department being better prepared to provide protection for both volunteers and area residents. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH THAT the Borough Manager is hereby authorized to accept the Alaska Department 27 of Public Safety Grant funds in the amount of $1,500 and to administer those funds for the 28 purchase of Personal Protective Equipment (PPE) and Decontamination Supplies for use at the 29 Womens Bay Volunteer Fire Department. 30 31 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 32 THIS DAY OF , 2020 33 34 KODIAK ISLAND BOROUGH 35 ATTEST: 36 37 ___________________________ 38 William Roberts, Mayor ___________________________ 39 Alise L. Rice, Borough Clerk 40 VOTES: 41 Ayes: 42 Noes: 43 AGENDA ITEM #13.B.1. Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus...Page 212 of 350 CoronavirusEmcrgencirSuonlementalFundsforLocalPublicSafetyAencvApplicationFormAlaskaDepartmentofPublicSafetyIApplicationforLocalPublicSafetyCOVID-19Funding—LCompletedApplicationDue:May29,2020NotetoApnlicanW:DepartmentofPublicSafety(UPS)IsofferingreimbursementofallowablecostsorthestatecanassistwithprocurementofsuppliesrelatedtofirstrespondereffortstocombattheimpactorCOV1O-19.UPSwillprovidejurisdictionsfundingbasedonneedandotheravailablefunding,suchasFEMA,StateofAlaskafunds,andotherfunds,untilexpended.TobeeligibletoreceivelocalpublicsafetyfundingforC0IVD-19,applicantsmustmeetStatecompliancerequirements.ApplicantsarerequiredtoshowcompliancewithStatecomptiancerequirementsthroughprovidinginformationbelowandagreethattheagencywillnotbeseekingFEMAand!orotherStateofAlaskareimbursementforthesamerequest.IfyouareuncertainaboutStatecompliance,orneedassistance,pleasecontactcesf.arant@aiaska,cov.Jurisdiction:Women’sBayFireServiceAreaResponsibleBorough:KodiakIslandBoroughI•(Ifapplicable)Listedbelowareeligiblereimbursementrequests.Pleasechecktheappiophatecategoryandenterthedollaramount.COND-19NeedsDollarsOvertimeforfirstrespondersandoiliercrftlcalpublicsafetystaffPersonalprotectiveegtdpmentandsuppliesSi.5CmAileringwodcspacestoIncreasesafetyofstaffIncreasedIravevtransportationcostsrelatedtoCOVID19•HiringcontractworkerssuchasemergencyJaNguardsAddressingthemedicalneedsofinmatesInlocalandtribalprisons.jails,anddetentioncentersflOther1.Whatareyouragency’scurrentneedstocombattheImpactofCOV1D-19andkeepservicesavailabletoyourcommunity?PleaseprovideaplanonhowthisreimbursementorstateprocurementassistancewillassistyoucommunityincombatingtheimpactofCOVID-19.OurvolunteerfiredepartmentservestheKodiakislandBoroughWomensBayFireServiceArea.ThecommunityhasapproxImately719residents.Wearefirstresponderstothosefamiliesaswellaspeopletravelingthroughoutthearea.AsweareannilvolunteerorganizationwehavealimitedbudgetandfundsneededtobuypersonalprotectiveequipmentandsuppliesforCovid-19responses.Priortothepandemic,ourfiredepartmenthadneverplannedorstockedsuppliesfDrthistypeofcontagiousdiseaseresponse.Thesematerialsarerequiredtoprotectourpersonnelaswellasourresidents.Anyfundingreceivedwillbeusedspecificallytoprocurepersonalprotectiveequipment(PPE)andcleaningsuppliesforthepresentandfuturesimilarmedicalrelatedIncidents.AGENDA ITEM #13.B.1.Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus...Page 213 of 350 2.WillthesefundsassistyouInmaintainingthecurrentlevel ofservice,expandingneededservicesand!orprovidingopportunitiesforalternativeservicestomeettheneedsofyour community?ThefundswillassistusnDtonlyInmaintainingourcurrentcall-outswithappropriatesafetygear,butaswellasspecificCovid-19firstrespondercallouts.Asyouknowandcanagree,weneedtoprepareforCovld-19forjustabouteverycalloutuntilthereisavaccine.Equipmentthatwiltbepurchasedwillinclude:infraredthermometers,disposablemasks,nitrilegloves,safelyglasses,3-layergowns,safetyglasses,biohazardbags,faceshields.anddisinfectantsuppliessuchassoapsandsurfacecleaners.MostimportantlyItwillassistusinkeepingourvolunteerswhoarerespondingassafeas possible.3.HasyouragencyreceivedotherCOVID-19funds?ifyes,pleaseidentifysource,amountandwhatthefundswereusedfor.[Answeringyestothisquestionwillnotmakeyouineligibleforthesefundsbutwillhelpusprioritizefundingdecisions.]WehavenotreceivedotherCovid-19funds.Asthispandemichascaughtmostagenciesoffguard,wewillcontinuetoapplyforappropriatefundsthatbecomeavailable.IcodifythatIhavenotreceivedanyotherfederalfundingandwillnotsupplantanypadof(nameofagency)budgetthatwouldotherwisebemadeavailableforthesamepurposes.CommunityPointofContactr1.Name;DavidConrad,FirechielWBVFD2.Address:SflSSargentcrek,Kodiak,AK995153.TelephoneNumber:907e54•27a24.FaxNumber5.EmaIlAddress:d:onrad@koOakakusCommunityFinancialOfficerPrintedName:DoraCross•tflQSignatur,?CommunityLeader!ManagerPrintedName:____________________________MIchaelPowerslgnawrSubmitapplicationsto:StateoIMaska,DepartncntofPublicSafeLyccsF.wnI(ña1ssb.eovAGENDA ITEM #13.B.1.Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus...Page 214 of 350 May2g,2020WomensBayVFDCOVID19GrantRequestMeasefindtheattacheditemsthathavebeenprocuredandpaidforandthe proposeditemsforpurchaseuponaward.WomensBayisaregisteredfiredepartmentoperatingundertheKodiakIslandBorough.OurprocurementisdonethroughtheBoroughElFDepartment.Fundsspenttodateare:$468.79Fundsproposedforpurchaseuponawardare$1,087.88.Thefiredepartmenthasfundsavailablefortheoverageabovetherequestedamount.DavidConradWomensBayVFDChiefAGENDA ITEM #13.B.1.Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus...Page 215 of 350 “I”6240BSTREEFANCHORAGEAK99516-1727wwwgra.ngeLcomSHIPTOAnNPATRICIAVALERIOKODIAKISLANDBOROUGH710MIIIBayRdKodiakAK9616-6398GRAINGERACCOUNTNUMBERINVOICENUMBERINVOICEDATEDUE 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BRANCH7535725S.TODDBLVDJUKWILA,WA981B8-4771PWISPJRCHA!ESSGOVSWSacwsnavavan*rncrsTUIIASOFLAIRwiaIJoINa:wDISPUTEINVOICESUBTDTAL5600)OWVONREIJS)In,AND(II)cifirAmWAMANIYANDDAU4GLIMIT.!VONSANDDISC1AIMWPiT47THETTMEOFWEO’WWHICHAPEINCDIFVRATmSYYCEHEN.GMINGSIrmVSOFSALZAPEAVAUASZATw1w,GRAINGmcOMmooucrTUI,INflTXlIONSAAVAIL,A&EATWItTY.GRAINGaCOMITUL45Thesaitems amsoldfurdonestcconsump4onIfexported,purchaserassume,lullresponsibi:ItyForcumpliancewIthUSexportcontrol,.Dlven.oncontraryIoUSlawproh.blled.RapthPAYTHISINVOICE- PAYMBITTERMSNet30daysaftermvINU.S.OOUSRS.IAMOUNTDUE$58.00APLEASFDETACHTHISPORTIONANDRETURNWITH YOURPAYMRJTAFORCOMMU4TSORDIAN&QFA0DFS5.ENTBIINFOffiIATIQNONrcVsCsI0EAGENDA ITEM #13.B.1.Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus...Page 216 of 350 [c-i:;k(c4PACKINGLtTOACCOLEnOJSZUoRDERit.‘ORDERbATsAimtIMEIBR.A31O4CDUThOL/L•NIPAWEVSEATKODIAKISLANDBOROUGHWEB1616102534O304l2OW13:39.00I”77291256710MILLBAYRDDSPARThOM)4EROERIt/CtDLTDUE1L,PLIDKODIAKAK99615-5340IZOOlSOF1WAREAGCALLERREQUISITI0NEKNRMECIIAZUI4ESSPATRICIAVALERIG5725ST000BLVDThKWOWAga1SS-4fl1FELEPHONC,.wKRpPROJFjjjj425.251.50309074669343SHIp10“0RELEASEm,,EaOiECKHIlliERIQIECKR210U}flCASHREb/PbKODIAfSLANO3ORCUGHII3ithKE9hs.639aSPECIALDIflAUCTIOKSwaitsWILI.iasOwAflOITIONSN.!!flflRIMDCOIti4S04REVERiESWEPATt%VN.IKOThMKYOUFORYOURORDERDATESHIPPEDIèO.OP1CAAAEfl0I41PPAPPVCOLE.BOXESIUPSGROUNDALASKAIPICKEDUP3ACTIDNI.HIMEII-PRIIIZROrimPESCRLPTEGHITDNUTmERSKIPQUKRttTLIquliHipdSoip.4ot.CIti.3VDH7BWRight2.4500.,Win.,tiiflfa5..lnCn..panslQaflfltW1e11—pWip——*.v—&GRAINGER..&011n.E&jERs1flfl151ViWQ.niItI.tiSROalsrdw.IikSRREa.*r.ReetC1IUPSsilmarq.UPSSNIPPER.W4IPPCRIEELS54549151Ros.?ãi/aoaoDELIt’ES49553eIII,ES/DE/DODO57255TODDBLVD67255.T0BLVDTU%WLAWA98158-.InITUKWILAW&981554721TO:TO:CUSTORDNOWEB1516102533CUSTORONOWEB1616I02534ATtENTIONPATRICVALEREOPKGEATtENTONPATRECIAVALERIOPKGU753753AGENDA 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I.PACKINGLCI.070ACCOUNTCtS14E*C*DflNO.OMZLRDATEANDTINESRMICNCONTROL/nflPAGEflOKggJSLANDBOROUQHWEB1616102534I03104120201336:0011f377291256710MILLBAYRD640aPMThDflHtWtROtBIT/CREDITDUEDIP!.IDAK61-ZOOlSOFTWAREAGCALLERREQUISITIONERORANOLADDRESSPATRICIAVALERIO400BORDENTOWN.HEDDINGRbTELLPflQNCLItO4SERPLOJttTJED/IDJ4IERBORDENTOWNNJ085059074869343ANIP‘20P0RELEASENE0EAClICKM.RIOERCIECIcANO4hITCASNRICO/PD0!SORDUGHSPECIAl.INSTRUCTIONSafVCEWALFLONRTTUITIOHSAL!!TERMSflIDcoNcrTo(,D’lRIVIRSE50C•ArIl4vAIIRflThANKYOUFORYOURORDERPPPPDCDLI.H6PEDjSACIONHAWRIIPR)ERGITUIDEIflIONETIDEHtMBERSHIPQUnrrlnFoamHandSoap.l000mL,FvusJl3WRCI2“WMNINGREGUIRESMSDSDOCUMENT(S)Weight4500‘MATERLALSAFETYDATASHEET(S)NEEDTO BEMANUALLYPRINTEDFORFPAIRSORDERSTHROUGHThECLICKIFINDPROCESSANDPROVIDEDTOThECUSTOMERWITHThESHIPMENTMATERIALSAFETYOATASHEET(S)PROVIDEDToCUSTOMERBY_________—DATE_______Upoe.Rt.nAC..44.,tepa.r**dw.a.!e.N0n..panlflwin,.,iWip•n’nViiiiip.nfliiV.gVpt&iM,4,iiVvnj—ad,nnUp.a.OLIIrzttttz’.trtr,GR.A.INGER.q549079,flfl15/36)2flU4COBORCENTOWN-HEDDINGRD400BORCENTOWN-HEDOINGRDBORDENTOWNNJ00505BDRDENTOWNNJ03505TO:TO:CUSTCR0NDWEB1616102533DUST ORONOWE81616102534ATtENTIONPATRICIAVALERIOPEIGAATTENTIONPAWICIAVALERIDPKG#010010AGENDA ITEM #13.B.1.Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus...Page 219 of 350 SeabackDIracelpLforyourchancetoalaSTOODIDI:7PBJSFVC3@FWalmartC.901-411-lBiVHgr:JASDK2911KILLIRVan(lankII99615SF102711DPI000443TElDITUUSUPS2400019Z0014251LYSULUIPE5001921071112LYSOLUIPES0019Th071102LVSQLUIPLS0019200171I2SUHIOTRLLOYALVisaTEIDVISACREDIT‘II’•PAPPROUftII004114REFI1142000314IUKSID-41@1411J33(.IfllULlIATIOK-DIIIPIYHEIIISERVICE-AIDRH00000031010IC6F11751R64440EE8TERHIKILa6C010351eKeSIOKATUREALIHIKED@5119120i:42:23CHARKEDUE0,00ITrEKSSOLD4[Cl03969283.573531515962LouPiTchY,uCiiiFrost.Everyhi.05119120J9:42:32•HCUSTOHERCOPYIS’to?DCV\isv030709.9005.2305.230523I25.5925.5325.5949091‘SAGENDA ITEM #13.B.1.Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus...Page 220 of 350 ForemostPromotions1270GlenAveInvoicePR0M0TI0NSMooreslown,NJ06057&Jucatia,aIKPmncttoalPmd.flforthePubscycanrmxity800-431-3473fax800-528-4366AccountNumberIC0P’v’InvoiceDateInvoice#254963512012020509098BillToShipToKodiakIslandBoroughKodiakIslandBoroughEJFPatriciaVaIerio710MillBayRoadE/FKodiak,AK99615710MillBayRoadKodiak,AK99615SalesOrder#PurchaseOrder#SalesRepresentativeTerms1065189(None)LaurenGiovineCreditCardProjectTitleTHM600ProductsShipped51WProductQuantityPriceTaxTotalTHM600Non-ContactThermometer210395No$207.90PrepaymentsAppliedIDDateMethodReferenceNumberAuthorizationAmountAppliedtoInvoicel3937645120/2020Visaxxxxxx.xxxxn49a9026974222.90$22290TotalAmountAppliedlothisInvoice$222.90COVID-19Proj.20019.9WBFD-COVID-19252-214-450-119Printed.05128/20200235pmEssentCompassPage1of2AGENDA ITEM #13.B.1.Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus...Page 221 of 350 Invoice#509098(Continued)Account#:254963Invoice#509098ProductsShippedSubtotal:$207.90RemittoShippIng&Handling:$15.00ForemostPromotionsTax:$000AttnAccountsReceivableDeptTotalforProductsShipped:$222.901270GlenAvenueMoorestown,NJ08057LossTotalPropald:$22290USAAmountDue:$0.00PrInted05125120200235pmEssent CompassPage2of2AGENDA ITEM #13.B.1.Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus...Page 222 of 350 Foremast promotions Packing List1270GlenAve P ft 0 M C T I 0 N 5 Mooreslown,NJ 08057 Edocalonal &?rr,otion&Pmduds Fur the Pub&eSaftlyCaTnzñIy 800-431-3473 fax:800-528.4396 1IIIHNIIIII ShipTo Ordered By Account Number Order Ogle Order Kodiak island Borough Kodiak island Borough 254963 05I2012020 1068189 Pairicia Valoria Purchaser Shipment Oslo Shipment ElF - Pat&jaVa4ec,;512012020 1217744 710 Mdl Bay Road Kodlak,AK99515 TakenSy Tnck1ng Web User 9405511699000459390083 Prjtchase Order%Terms SaI.s Repn..niaiiv.Weight Ship Via (Non)Credit bad Lauren Gáavine 0 USPS Priority Mail Title ThMGOO Line Sect)Pmduct Ordnd Total Back Ship 2 THMSQO Non-Contact Theunorneler 2 2 0 2 rW Iii MAY 26 202a Lc;:qj. Primed:0512W2020 1116pm ESSenICOWp.SS Page loll AGENDA ITEM #13.B.1.Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus...Page 223 of 350 ForemostPiomotionsSalesOrder1270Glen AvePB0M0TI0NSMoorestown,NJ08057AcknowledgementPmntZnalPmdtdsfartheRJbCSa1yCIiIThnty800-431-3473fax:800-528-4365#1066169THM600AccountNumberOrderClassOrderDateReference#Order#25496302-WarehouseOrderNoneNone1066189OrderedByl<odiakIslandBoroughPatriciaValerie‘akakuSBill-ToShip-ToKodiakIslandBoroughKodiakIslandBoroughElFPatricia Valedo710MillBayRoadElFKodiak,AK99615710MillBayRoadKodiak,AK99615SalesRepresentativeConditionsNameLaurenGiovineTerms:CreditCardTelephoneExt2102ShipVia:liSPSPriorityMailFacsimile600-526-4366FOB:Email:Team1aurenGpromotionsnow.comShip.Acct.:CustomerP0#:(None)ProjectTitleTHMSOOProjectManagerTelephoneKimberlyKilgore800-431-3473Ext1192ProductsLineSKUProductiDetailsQuantityPriceTotal2THMGODNon-ContactThermometer2$103.95$207.90ProductsTotal:$207.90Printed0520I202090214AMEssentCompassPage1of 2AGENDA ITEM #13.B.1.Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus...Page 224 of 350 SalesOrderAcknowledgoment#1066189TotalsProductsShippedSubtotal:$207.90Tax;$0.00ShippingCharge:$1500Total (orProductsShipped:$22290AmountDue:$222.90AdditionalTaxesmayapply..Thisisnotaninvoice.Pleasedonotpayfromthissalesorderconfirmation.Aninvoicewillfollow.Act,ovdededBy(Sçri.1ureNarreDalexPurged05120)202090214AMEssefitCompassPage2cr2AGENDA ITEM #13.B.1.Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus...Page 225 of 350 YourOrderisCompleteThank youfortheorder!Youremailconfirmationisonitsway.Rightnow,yourorderisbeingdeliveredtoyour insidesales representativewhowillreviewitimmediately.Sheorhewillcontactyouwithanyquestions,andemailyouaconfirmingacknowledgementwithanyadjustmenttochargesorspecificationsforyourfinalapproval.Ifyouhaveacustomimprintonyourorder,ourartdepartmentwillprepareanemailproofforyoursignatureaswell.OrderConfirmationDate&Time:Tuesday,May19,20203:30:08PMShipToPatriciaValerioKodiakIslandBorough710MillBayRoadKodiak,AK9961SRequestedDeliveryDateTuesday,May26,2020BillToPatriciaValerioKodiakIslandBorough710MillRayRoadKodiak,AK99619PaymentMethodCreditCardCreditcardendingin4909AdditionalInformationTaxExemptID41:20-004-GOVOrderSummaryAGENDA ITEM #13.B.1.Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus...Page 226 of 350 ProductQtyCostSubtotalInfraredNon-ContactDigitalThermometerINSTOCK2510395$207.90THM600WETotalforTHMSOOWE:$207.90OrderSubtotal:$207.90EstimatedShipping:RUSHQuote NeededSalesTax:$0.00OrderTotal:$207.90AGENDA ITEM #13.B.1.Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus...Page 227 of 350 GMINGERACCOUNTNUMBERINVOICE NUMBERINVOICEDATEDUEDATEAMOUNTDUE839982741950183721604110120200511012020$1450SHIPTOATTNPATICIAVALEROKODIAKISLANDBOROUGH710MIIIBayRdKodiakAK9615-639BPDNUMBERCAU.ERCUSTOMERR-IONORDERNUMBERNCOTElAS:W61616102534PATICIAVALE090746693431377291255FOBORIGNBILLTOKODIAKISLANDBOROUGH710MILLBAY RDKODIAKAK99615-6340PIflSFflFTACHTHISPflTIflNA1PflIIRNWITHVflIIRPAVMFNTBILLTO:KODIAKISLANDBOROUGH710MILLBAYRDKOOIAKAK99615-6340UNITEDSTATESOFAMCAREMITTO:GRAINGERDEPT.839982741P0BOX 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PACKING)LDTOACCOUNTCUSTOMERORDERNO.ORDERDATEANDTIMEBRANCHCONTROL/INUPAGENOKgR*ISLANDBOROUGHWEB168737621406/17/202014:39:01Nf3860191606340DEPARTMENTNUMBERDEBIT/CREDITDUEEMPLIDZ001SOFTWAREAGLLERREOUISITIOPJERBRANCHADDRESS‘ATRICIAVALERID6725S.TODDBLVD.LEPHOMENUMBERPROJECTJOB/NUMBER98188-4771‘074869343lIPTOPGRELEASENUMBERCHECKNUMBERCHECKAMOUNTCASHEECD/EDKODIAKISLANDBOROUGH71qMillBay3Ra.-SDECIALINSTRUCTIONSKooiakAt<olo—ti8INVOICEWILLFOLLOW?TENTIC::SALESTERMSANDCONDITIONSONREVERSESIDETRICIAVALERIOTHANKYOUFORYOURORDERNO.OFCARRIERNAMEPPA PPDCOLLDATESHIPPEDTRANSACTIONBOXESUPSGROUNDALASKAPICKEDUPTYPE-HAWAII-PRZROrEt-DESCR:PT:CIJC71-iNUMBERSKIPQUANT:TYemicalDispenser,WaIIMountlaC4osWeight:4AGENDA ITEM #13.B.1.Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus...Page 239 of 350 DaveConradFrom:cesf.grant(DPSsponsored) <cestgrant@alaska.gov>Sent:Friday,June5,202010:44AMTo:DaveConrad;cesf.grant(DPSsponsored)Subject:RE:WomensBayVFDGrantApplicationHiDave,Congratulations!Women’sBayVFDisawardedtherequested$1,500.v/r,AlaskaDepartmentofPublicSafetyFY2020 CoronavirusEmergencySupplementalFundingProgramcesf.grantalaska.ovFrom:DaveConrad<dconrad@kodiakak.us>Sent:Friday, May29,20201:58PMTo:cesf.grant(DPSsponsored)<cesf.grant@alaska.gov>Cc:DaveConrad<dconrad@kodiakak.us>Subject:WomensBayVFDGrantApplicationPleasefindtheattachedcopiesofexpenditurestodateaswellasproposeditemquotationsasrequested.Thankyouforyourconsideration.DavidConradDirectorEngineeeringFacilitiesDepartmentKodiakIslandBorough(907)486-9357dconrad kodiakak.usAGENDA ITEM #13.B.1.Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus...Page 240 of 350 DaveConradFrom:DaveConradSent:Friday,June5,202010:57AMTo:DoraCrossCc:MichaelPowers;MeaganChristiansenSubject:FW:WomensBayVFDGrantApplicationIwillprovideadditionalinformationwhenreceived.Icanprovidethegrantapplication,receiptsforprocuredmaterialandquotesformaterialstobepurchased.TheWBVFDwillNOTprocureanyadditionalitemsuntilformalnotificationisreceivedandverified.From:cesf.grant(DPSsponsored)<cesf,grantalaska.gov>Sent:Friday,June5,202010:44AMTo:DaveConrad<dconrad@kodiakak.us>;cesf.grant(UPSsponsored)<cesf.grant@alaska.gov>Subject:RE:WomensBayVFDGrantApplicationHiDave,Congratulations!Women’sBayVFDisawardedtherequested$1,500.v/r,AlaskaDepartmentofPublicSafetyFY2020CoronavirusEmergencySupplementalFundingProgramcesf.grant(Salaska.govFrom:DaveConrad<dconrad(Skodiakak.us>Sent:Friday,May 29,20201:58PMTo:cesf.grant(DPSsponsored)<cesf.grantalaska.gov>Cc:DaveConrad<dconrad(Skodiakak.us>Subject: WomensBayVFDGrantApplicationPleasefindtheattachedcopiesofexpenditurestodateaswellasproposeditemquotationsasrequested.Thankyouforyourconsideration.DavidConradDirectorEngineeeringFacilitiesDepartmentKodiakIslandBorough(907)486-9357dconrad@kodakak.us1AGENDA ITEM #13.B.1.Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus...Page 241 of 350 DaveConradFrom:DoraCrossSent:Friday,June5,20201:56PMTo:DaveConradSubjectRE:WomensBay VFDGrantApplicationHoorayIFrom:DaveConrad<dconrad@kodiakak.us>Sent:Friday,June5,202010:57AMTo:DoraCross<dcross@kodiakak.us>Cc:MichaelPowers <mpowers@kodiakak.us>;MeaganChristiansen<mchristiansen@kodiakak.us>Subject:FW:WomensBayVFDGrantApplicationIwillprovideadditionalinformationwhenreceived.Icanprovidethegrantapplication,receiptsforprocuredmaterialandquotesformaterialstobepurchased.TheWBVFDwillNOTprocureanyadditional itemsuntilformalnotificationisreceivedandverified.From:cesf.grant(DPSsponsored)<cesf.grant@alaska.gov>Sent:Friday,June5,202010:44AMTo:DaveConrad<dconradkodiakak.us>;cesf.grant(DPSsponsored)<cesf.grantalaska.gov>Subject:RE:WomensBayVFDGrantApplicationHiDave,Congratulations!Women’sBayVFD5awardedtherequested$1,500.v/r,AlaskaDepartmentofPublicSafetyFY2020CoronavirusEmergencySupplementalFundingProgramcesf.grantJalaska.govFrom:DaveConrad<dconrad@kodiakak.us>Sent:Friday, May29,20201:58PMTo:cesf.grant(DPSsponsored)<cesf.grantalaska.gov>Cc:DaveConrad<dconradkodiakak,us>Subject:WomensBayVFDGrantApplicationPleasefindtheattachedcopiesofexpenditurestodateaswellasproposeditemquotationsasrequested.Thankyouforyourconsideration.Dora1AGENDA ITEM #13.B.1.Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus...Page 242 of 350 DavidConradDirectorEngineeeringFacilitiesDepartmentKodiakIslandBorough(907)486-9357dconrad@kodiakak.us2AGENDA ITEM #13.B.1.Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus...Page 243 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2021-11 Establishing By Mail Precincts. ORIGINATOR: Alise Rice RECOMMENDATION: Move to adopt Resolution No. FY2021-11. DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC Title 7 Elections, Chapter 7.30 Procedures For Conduct of Elections, 7.30.020 Precincts and Polling Places C. If a declaration of a disaster or emergency has been issued by the President of the United States, the Governor of Alaska, or the Emergency Services Council (KIB 2.110.030) which includes areas within the Kodiak Island Borough, precincts where the voter turnout was less than one hundred (100) voters at the last regular election may be designated as “ballot by- mail” precincts by resolution of the assembly. In those precincts, no election officials shall be appointed. In “ballot by-mail” precincts the procedures outlined in Chapter 7.70 shall be followed. Voters in a “ballot by-mail” precinct wishing to vote early or absentee in person may do so at any designated early voting or absentee voting site. Any precinct designated as a “ballot by-mail” precinct in accordance with the provisions of this subsection will remain a “ballot by-mail” precinct until such time as declared disaster or emergency status has been lifted. AGENDA ITEM #13.B.2. Resolution No. FY2021-11 Establishing By Mail Precincts.Page 244 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-11 Page 1 of 1 Introduced by: Clerk’s Office 1 Drafted by: Borough Clerk Alise L. Rice 2 Introduced on: 08/06/2020 3 Adopted on: 4 KODIAK ISLAND BOROUGH 5 RESOLUTION NO. FY2021-11 6 7 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ESTABLISHING 8 BY MAIL PRECINCTS WHERE THE VOTER TURNOUT WAS LESS THAN ONE HUNDRED 9 (100) VOTERS AT THE LAST REGULAR ELECTION FOR THE OCTOBER 6, 2020, REGULAR 10 MUNICIPAL ELECTION. 11 12 WHEREAS, the Kodiak Island Borough Assembly finds that the public health objectives of 13 limiting in person contact in response to the current pandemic may deter some voters from voting 14 in person at their designated polling site. 15 16 WHEREAS, the Kodiak Island Borough Assembly adopted 7.30.020(C) Precincts and Polling 17 Placings, by mail precincts for precincts where the voter turnout was less than one hundred (100) 18 voters at the last regular election; and 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 21 BOROUGH THAT the Kodiak Island Borough establishes by mail precincts where the voter 22 turnout was less than one hundred (100) voters at the last regular election, for the Regular 23 Municipal Election on October 6, 2020. 24 25 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 26 THIS __________ DAY OF _______________, 2020. 27 28 KODIAK ISLAND BOROUGH 29 ATTEST: 30 31 ___________________________ 32 William Roberts, Mayor ___________________________ 33 Alise L. Rice, Borough Clerk 34 VOTES: 35 Ayes: 36 Noes: 37 AGENDA ITEM #13.B.2. Resolution No. FY2021-11 Establishing By Mail Precincts.Page 245 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-11 Page 1 of 1 Version 2 Introduced by: Clerk’s Office 1 Drafted by: Borough Clerk Alise L. Rice 2 Introduced on: 08/06/2020 3 Adopted on: 4 KODIAK ISLAND BOROUGH 5 RESOLUTION NO. FY2021-11 6 7 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ESTABLISHING 8 BY MAIL PRECINCTS WHERE THE VOTER TURNOUT WAS LESS THAN ONE HUNDRED 9 (100) VOTERS AT THE LAST REGULAR ELECTION FOR THE OCTOBER 6, 2020, REGULAR 10 MUNICIPAL ELECTION. 11 12 WHEREAS, the Kodiak Island Borough Assembly finds that the public health objectives of 13 limiting in person contact in response to the current pandemic may deter some voters from voting 14 in person at their designated polling site. 15 16 WHEREAS, the Kodiak Island Borough Assembly adopted 7.30.020(C) Precincts and Polling 17 Placings, by mail precincts for precincts where the voter turnout was less than one hundred (100) 18 voters at the last regular election; and 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 21 BOROUGH THAT the Kodiak Island Borough establishes by mail precincts where the voter 22 turnout was less than one hundred (100) voters at the last regular election, for the Regular 23 Municipal Election on October 6, 2020. 24 25 Regular Municipal Election, October 1, 2019. 26 Precinct Voter Turnout 27 32/800 Chiniak 35 28 32/815 Larsen Bay 24 29 32/835 Old Harbor 44 30 32/840 Ouzinkie 59 31 32/845 Port Lions 37 32 33 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 34 THIS __________ DAY OF _______________, 2020. 35 36 KODIAK ISLAND BOROUGH 37 ATTEST: 38 39 ___________________________ 40 William Roberts, Mayor ___________________________ 41 Alise L. Rice, Borough Clerk 42 VOTES: 43 Ayes: 44 Noes: 45 AGENDA ITEM #13.B.2. Resolution No. FY2021-11 Establishing By Mail Precincts.Page 246 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Revenue Bond To Refund All Or A Portion Of The Principal Installments Of The Outstanding Long-Term Care Center Revenue Bond, Series 2013 (Providence Kodiak Island Medical Center), Of The Borough And To Pay Costs Of Issuing The Bond; Fixing Certain Details Of Such Bond; Authorizing Its Sale; Providing For Related Matters; And Repealing Resolution No. FY2020- 07 ORIGINATOR: Dora Cross RECOMMENDATION: Move to adopt resolution FY2021-13. DISCUSSION: VERSION 2 Due to continuing changes in the interest rate environment, the present value cost benefit are positive for refunding additional long-term bonds. Previously the benefits were positive for bonds for 2025-2030, however this revised resolution includes years 2024 and 2031-2033. ORIGINAL Due to the current interest rate environment, the State of Alaska has determined it is beneficial to refund (refinance) the callable portion of our long-term care center bonds. Since advance refunding is no longer legal for non-taxable bonds, and the interest rates for taxable and non-taxable bonds are similar, changing the tax status of the bonds enables us to capture future savings now. By participating in the mass refunding the State is conducting with other municipalities, the costs of refunding is less versus the cost of refunding a single issue on our own. Staff has consulted with the current tenant of the long-term care center and they do not have any concerns with the change in the tax status of the bonds. This resolution gives approval to do two things; 1. Refund (refinance) the long-term care revenue bonds and changing their tax status from non- taxable to taxable, and 2. Repeals Resolution FY2020-07 which gave permission to refund the long-term care revenue bonds from non-taxable to non-taxable. ALTERNATIVES: FISCAL IMPACT: The projected savings due to the refunding as of 07/16/2020 is approximately $910,000. OTHER INFORMATION: AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 247 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 248 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 1 of 14 Introduced by:Borough Manager Requested by:Finance Director Drafted by:Bond Counsel Introduced on: Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2021-13 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AU THORIZING THE BOROUGH TO ISSUE A REFUNDING REVENUE BOND TO REFUND ALL OR A PORTION OF THE PRINCIPAL INSTALLMENTS OF THE OUTSTANDING LONG-TERM CARE CENTER REVENUE BOND, SERIES 2013 (PROVIDENCE KODIAK ISLAND MEDICAL CENTER), OF THE BOROUGH AND TO PAY COSTS OF ISSUING THE BOND; FIXING CERTAIN DETAILS OF SUCH BOND; AU THORIZING ITS SALE; PROVIDING FOR RELATED MAT TERS; AND REPEALING RESOLUTION NO. FY 2020-07 WHEREAS,pursuant to Resolution No. FY2013-13, adopted by the Assembly on February 7, 2013 (the “2013 Bond Resolution”), the Borough issued its Long-Term Care Center Revenue Bond, Series 2013 (Providence Kodiak Island Medical Center) (the “2013 Bond”), maturing on June 1, 2033, with principal installments due on June 1 of each of the years 2015 through 2033, inclusive, in the original principal amount of $17,110,000; and WHEREAS,pursuant to Resolution No. FY2016-19, adopted by the Assembly on November 5, 2015, the Borough defeased a portion of the principal installments of the 2013 Bond due in each of the years 2017 through 2033, inclusive, in the aggregate principal amount of $4,455,000; and WHEREAS,the principal installments of the 2013 Bond due in each of the years 2025 through 2030, inclusive, currently outstanding in the aggregate principal amount of $4,410,000 (the “2018 Refundable Principal Installments”), are subject to prepayment in whole or in part at the option of the Borough on any date on or after June 1, 2018,at a price of 100% of the principal amount thereof to be prepaid, plus accrued interest to the date of prepayment; and WHEREAS,the principal installments of the 2013 Bond due in the year 2024 and in each of the years 2031 through 2033, inclusive, currently outstanding in the aggregate principal amount of $3,340,000 (the “2023 Refundable Principal Installments,” and together with the 2018 Refundable Principal Installments, the “Refundable Principal Installments”), are subject to prepayment in whole or in part at the option of the Borough on any date on or after June 1, 2023,at a price of 100% of the principal amount thereof to be prepaid, plus accrued interest to the date of prepayment; and AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 249 of 350 “Borough Manager” means the Manager or Administrative Official of the(n) Borough. “Code” means the Internal Revenue Code of 1986, as amended from(o) time to time, together with all regulations applicable thereto. “Debt Service Subaccount” means the Debt Service Subaccount created(p) in the Bond Account by Section 15 of the 2013 Bond Resolution. “Financing Documents” means all or any of the 2013 Loan Agreement,(q) the Amendatory Loan Agreement, Lease, the 2013 Bond, the Bond, the 2013 Bond Resolution, and this Resolution. “Fiscal Year” means the 12-month period commencing on July 1 each(r) year through and including June 30 of the following calendar year. “Future Parity Bonds” means any long-term care center revenue bonds,(s) notes, or other obligations of the Borough, other than the 2013 Bond and the Bond, issued under a resolution wherein the Borough pledges that the payments to be made out of the Pledged Revenues into the Bond Account and Reserve Subaccount therein to pay and secure the payment of the principal of and interest on such revenue bonds, notes, or other obligations will be on a parity with the payments required by this Resolution to be made out of such Pledged Revenues into such Bond Account and Reserve Subaccount to pay and secure the payment of the principal of and interest on the 2013 Bond and the Bond. “Government Obligations” means obligations that are either (i) direct(t) obligations of the United States of America or (ii) obligations of an agency or instrumentality of the United States of America the timely payment of the principal of and interest on which are unconditionally guaranteed by the United States of America. “Lease” means that certain Long-Term Care Center Lease Agreement(u) authorized by the Assembly in fall 2012, between the Borough and Providence for the real property located at 1838 Chichenof Street, Kodiak, Alaska. “Parity Bonds” means the 2013 Bond, the Bond, and any Future Parity(v) Bonds. “Pledged Revenues” means Lease revenues and interest received and(w) profits derived from the investment of moneys obtained from moneys held in any fund solely to pay or secure the payment of principal and interest when due on the 2013 Bond and the Bond. “Providence” means Providence Health & Services – Washington d/b/a(x) Providence Health & Services in Alaska, a W ashington nonprofit corporation. “Refundable Principal Installments” means the principal installments of(y) the 2013 Bond due in each of the years 20252024 through 2030,2033, inclusive, currently outstanding in the aggregate principal amount of $4,410,000.7,750,000. Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 4 of 14 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 250 of 350 CERTIFICATE OF CLERK I, ALISE L. RICE, Clerk of the Kodiak Island Borough (the “Borough”), HEREBY CERTIFY that the document attached hereto is an accurate and complete copy of Resolution No. FY2021-13 of the Borough adopted by the Borough Assembly at a meeting duly called and held on August 6, 2020, and that Resolution No. FY2021-13 has not been modified, amended, repealed, or rescinded, but is in full force and effect on the date hereof. IN WITNESS WHEREOF, I have executed this certificate this 6th day of August, 2020. ALISE L. RICE Borough Clerk Kodiak Island Borough AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 251 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 1 of 14 0 1 2 3 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2021-13 7 8 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 9 AUTHORIZING THE BOROUGH TO ISSUE A REFUNDING REVENUE 10 BOND TO REFUND ALL OR A PORTION OF THE PRINCIPAL 11 INSTALLMENTS OF THE OUTSTANDING LONG-TERM CARE CENTER 12 REVENUE BOND, SERIES 2013 (PROVIDENCE KODIAK ISLAND 13 MEDICAL CENTER), OF THE BOROUGH AND TO PAY COSTS OF 14 ISSUING THE BOND; FIXING CERTAIN DETAILS OF SUCH BOND; 15 AUTHORIZING ITS SALE; PROVIDING FOR RELATED MATTERS; AND 16 REPEALING RESOLUTION NO. FY 2020-07 17 18 WHEREAS, pursuant to Resolution No. FY2013-13, adopted by the Assembly on February 7, 19 2013 (the “2013 Bond Resolution”), the Borough issued its Long-Term Care Center Revenue Bond, 20 Series 2013 (Providence Kodiak Island Medical Center) (the “2013 Bond”), maturing on June 1, 21 2033, with principal installments due on June 1 of each of the years 2015 through 2033, inclusive, 22 in the original principal amount of $17,110,000; and 23 24 WHEREAS, pursuant to Resolution No. FY2016-19, adopted by the Assembly on November 5, 25 2015, the Borough defeased a portion of the principal installments of the 2013 Bond due in each 26 of the years 2017 through 2033, inclusive, in the aggregate principal amount of $4,455,000; and 27 28 WHEREAS, the principal installments of the 2013 Bond due in each of the years 2025 through 29 2030, inclusive, currently outstanding in the aggregate principal amount of $4,410,000 (the “2018 30 Refundable Principal Installments”), are subject to prepayment in whole or in part at the option of 31 the Borough on any date on or after June 1, 2018, at a price of 100% of the principal amount thereof 32 to be prepaid, plus accrued interest to the date of prepayment; and 33 34 WHEREAS, the principal installments of the 2013 Bond due in the year 2024 and in each of the 35 years 2031 through 2033, inclusive, currently outstanding in the aggregate principal amount of 36 $3,340,000 (the “2023 Refundable Principal Installments,” and together with the 2018 Refundable 37 Principal Installments, the “Refundable Principal Installments”), are subject to prepayment in whole 38 or in part at the option of the Borough on any date on or after June 1, 2023, at a price of 100% of 39 the principal amount thereof to be prepaid, plus accrued interest to the date of prepayment; and 40 41 WHEREAS, under AS 29.47.300, if the Borough has outstanding revenue bonds and the 42 Assembly determines it would be financially advantageous to refund those bonds, the Borough 43 may provide by resolution for the issuance of revenue refunding bonds, and under AS 29.47.320, 44 no election is required to authorize the issuance and sale of refunding bonds; and 45 46 WHEREAS, under AS 29.47.340, refunding bonds may be exchanged for the bonds being 47 refunded; and 48 49 Introduced by: Borough Manager Requested by: Finance Director Drafted by: Bond Counsel Introduced on: August 6, 2020 Adopted on: AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 252 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 2 of 14 WHEREAS, the Borough sold the 2013 Bond to the Alaska Municipal Bond Bank (the “Bond 50 Bank”), as authorized by the 2013 Bond Resolution, on the terms and conditions set forth in the 51 2013 Bond Resolution and in the loan agreement between the Borough and the Bond Bank dated 52 as of June 1, 2013 (the “2013 Loan Agreement”); and 53 54 WHEREAS, the Bond Bank issued its General Obligation Bonds, 2013B Series Two (Qualified 55 501(c)(3)) (the “Bond Bank Bonds”), among other purposes, to provide funds to purchase the 2013 56 Bond, as provided in the 2013 Loan Agreement; and 57 58 WHEREAS, the Bond Bank has expressed its intent to issue refunding bonds (the “Bond Bank 59 Refunding Bonds”) for the purpose of refunding a portion of the Bond Bank Bonds and achieving a 60 debt service savings; and 61 62 WHEREAS, Section 7 of the 2013 Loan Agreement provides that payments of principal of and 63 interest on the 2013 Bond may be adjusted to reduce debt service on the 2013 Bond if the Bond 64 Bank is able to achieve debt service savings by refunding the Bond Bank Bonds; and 65 66 WHEREAS, the Bond Bank has offered to enter into an Amendatory Loan Agreement (the 67 “Amendatory Loan Agreement”) to effect a reduction in debt service on all or a portion of the 68 Refundable Principal Installments; and 69 70 WHEREAS, the Assembly wishes to effect a reduction in debt service on all or a portion of the 71 Refundable Principal Installments by entering into the Amendatory Loan Agreement, issuing a 72 refunding bond (and a replacement 2013 Bond) in exchange for the 2013 Bond, and participating 73 in the refunding of a portion of the Bond Bank Bonds; and 74 75 WHEREAS, pursuant to Resolution No. FY2020-07, the Assembly previously authorized the 76 refunding of all or a portion of the Refundable Principal Installments on a tax-exempt basis, and 77 now wishes to repeal Resolution No. FY2020-07 and authorize the refunding of all or a portion of 78 the Refundable Principal Installments on a taxable basis; and 79 80 WHEREAS, the Assembly finds that it is necessary and appropriate to delegate to each of the 81 Borough Manager and Borough Finance Director authority to determine the maturity amounts, 82 interest rates, and other details of the bond, and to determine other matters that are not provided 83 for in this Resolution; 84 85 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 86 BOROUGH THAT: 87 88 Section 1: Definitions. In addition to terms which are defined in the recitals above, the 89 following terms shall have the following meanings in this Resolution: 90 91 (a) “2013 Bond” means the Long-Term Care Center Revenue Bond, Series 92 2013 (Providence Kodiak Island Medical Center), issued by the Borough pursuant 93 to the 2013 Bond Resolution. 94 95 (b) “2013 Bond Resolution” means Resolution No. FY2013-13 of the Borough, 96 adopted by the Assembly on February 7, 2013. 97 98 (c) “2013 Loan Agreement” means the loan agreement between the Borough 99 and the Bond Bank dated as of June 1, 2013. 100 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 253 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 3 of 14 101 (d) “Amendatory Loan Agreement” means the amendatory loan agreement to 102 be entered into between the Borough and the Bond Bank to effect a reduction in 103 debt service on all or a portion of the Refundable Principal Installments. 104 105 (e) “Annual Debt Service Requirement” means, with respect to any particular 106 Fiscal Year and to any specified bonds, an amount equal to (i) interest accruing 107 during such Fiscal Year on such bonds, except to the extent such interest is to be 108 paid from deposits in the Debt Service Subaccount from bond proceeds; (ii) the 109 principal amount of such bonds due during such Fiscal Year for which no sinking 110 fund installments have been established; plus (iii) the unsatisfied balance of any 111 sinking fund installment for such bonds due during such Fiscal Year. 112 113 (f) “Assembly” means the Assembly of the Kodiak Island Borough, as the 114 general legislative authority of the Kodiak Island Borough, as the same shall be 115 duly and regularly constituted from time to time. 116 117 (g) “Bond” means the “Long-Term Care Center Refunding Revenue Bond 118 (Providence Kodiak Island Medical Center)” of the Kodiak Island Borough, the 119 issuance and sale of which are authorized herein. 120 121 (h) “Bond Account” means the Long-Term Care Center Revenue Bond 122 Account created by Section 15 of the 2013 Bond Resolution. 123 124 (i) “Bond Bank” means the Alaska Municipal Bond Bank. 125 126 (j) “Bond Bank Bonds” means the General Obligation Bonds, 2013B Series 127 Two (Qualified 501(c)(3)), issued by the Bond Bank. 128 129 (k) “Bond Bank Refunding Bonds” means the series of general obligation 130 bonds issued by the Bond Bank, all or part of the proceeds of which are used to 131 purchase the Bond. 132 133 (l) “Bond Register” means the registration books maintained by the Registrar, 134 which include the names and addresses of the Registered Owners of the Bond or 135 their nominees. 136 137 (m) “Borough” means the Kodiak Island Borough, a municipal corporation of 138 the State of Alaska, organized as a second class borough under Title 29 of the 139 Alaska Statutes. 140 141 (n) “Borough Manager” means the Manager or Administrative Official of the 142 Borough. 143 144 (o) “Code” means the Internal Revenue Code of 1986, as amended from time 145 to time, together with all regulations applicable thereto. 146 147 (p) “Debt Service Subaccount” means the Debt Service Subaccount created 148 in the Bond Account by Section 15 of the 2013 Bond Resolution. 149 150 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 254 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 4 of 14 (q) “Financing Documents” means all or any of the 2013 Loan Agreement, the 151 Amendatory Loan Agreement, Lease, the 2013 Bond, the Bond, the 2013 Bond 152 Resolution, and this Resolution. 153 154 (r) “Fiscal Year” means the 12-month period commencing on July 1 each year 155 through and including June 30 of the following calendar year. 156 157 (s) “Future Parity Bonds” means any long-term care center revenue bonds, 158 notes, or other obligations of the Borough, other than the 2013 Bond and the Bond, 159 issued under a resolution wherein the Borough pledges that the payments to be 160 made out of the Pledged Revenues into the Bond Account and Reserve 161 Subaccount therein to pay and secure the payment of the principal of and interest 162 on such revenue bonds, notes, or other obligations will be on a parity with the 163 payments required by this Resolution to be made out of such Pledged Revenues 164 into such Bond Account and Reserve Subaccount to pay and secure the payment 165 of the principal of and interest on the 2013 Bond and the Bond. 166 167 (t) “Government Obligations” means obligations that are either (i) direct 168 obligations of the United States of America or (ii) obligations of an agency or 169 instrumentality of the United States of America the timely payment of the principal 170 of and interest on which are unconditionally guaranteed by the United States of 171 America. 172 173 (u) “Lease” means that certain Long-Term Care Center Lease Agreement 174 authorized by the Assembly in fall 2012, between the Borough and Providence for 175 the real property located at 1838 Chichenof Street, Kodiak, Alaska. 176 177 (v) “Parity Bonds” means the 2013 Bond, the Bond, and any Future Parity 178 Bonds. 179 180 (w) “Pledged Revenues” means Lease revenues and interest received and 181 profits derived from the investment of moneys obtained from moneys held in any 182 fund solely to pay or secure the payment of principal and interest when due on the 183 2013 Bond and the Bond. 184 185 (x) “Providence” means Providence Health & Services – Washington d/b/a 186 Providence Health & Services in Alaska, a Washington nonprofit corporation. 187 188 (y) “Refundable Principal Installments” means the principal installments of the 189 2013 Bond due in each of the years 2024 through 2033, inclusive, currently 190 outstanding in the aggregate principal amount of $7,750,000. 191 192 (z) “Registered Owner” means the person named as the registered owner of 193 the Bond in the Bond Register. 194 195 (aa) “Registrar” means the Borough Finance Director, or any successor that 196 the Borough may appoint by resolution. 197 198 (bb) “Reserve Subaccount” means the Reserve Subaccount created in the 199 Bond Account by Section 15 of the 2013 Bond Resolution. 200 201 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 255 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 5 of 14 (cc) “Reserve Subaccount Requirement” means an amount equal to the least 202 of (i) 10% of the stated principal amount of the Parity Bonds; (ii) 125% of the 203 average Annual Debt Service Requirement for all Parity Bonds; and (iii) the 204 maximum Annual Debt Service Requirement on all outstanding Parity Bonds. 205 206 (dd) “Resolution” means this Resolution No. FY2021-13 of the Borough. 207 208 Section 2: Authorization of Bond and Purpose of Issuance. The Assembly hereby determines 209 it would be financially advantageous to refund all or a portion of the Refundable 210 Principal Installments by issuing the Bond (and a replacement 2013 Bond) on the 211 terms and conditions provided in this Resolution. For the purpose of providing the 212 funds required to refund all or a portion of the Refundable Principal Installments 213 and to pay all costs incidental thereto and to the issuance of the Bond, the Borough 214 hereby authorizes and determines to issue and sell the Bond. The Bond shall be 215 designated “Long-Term Care Center Refunding Revenue Bond (Providence 216 Kodiak Island Medical Center),” with such additional series and year designation 217 as the Borough Manager or the Borough Finance Director may fix and determine. 218 219 The Borough Manager and/or the Borough Finance Director are hereby authorized 220 to fix and determine which of the Refundable Principal Installments are to be 221 refunded by issuing the Bond (and a replacement 2013 Bond) in exchange 222 therefor. 223 224 Section 3: Security for the Bond. The Bond shall be secured by Lease payments to be made 225 by Providence under the Lease and the additional provisions of the Financing 226 Documents and shall be a special, limited obligation of the Borough payable solely 227 from and secured by payments to be received pursuant to the Lease. The 228 Premises subject to and as defined in the Lease shall not be pledged to or 229 subordinated to the payment of the Bond. The Bond does not and shall never 230 constitute a debt or indebtedness or loan of the general credit of the Borough within 231 the meaning of any provisions or limitations of the State of Alaska constitution or 232 any statute or ordinance, and shall not constitute or give rise to a general pecuniary 233 liability of the Borough or a charge against the general credit or taxing power of the 234 Borough, and the face of the Bond shall so state. 235 236 Section 4: Date, Maturity, Interest Rates, and Other Details of the Bond. Each principal 237 installment of the Bond shall be in the denomination of $5,000 or any integral 238 multiple thereof. The Bond shall be numbered in the manner and with such 239 additional designation as the Registrar deems necessary for purposes of 240 identification, and may have endorsed thereon such legends or text as may be 241 necessary or appropriate to conform to the rules and regulations of any 242 governmental authority or any usage or requirement of law with respect thereto. 243 244 The Bond shall bear interest payable semi-annually on the dates and shall mature 245 on the date and each principal installment shall be payable annually in the amount 246 and on the dates, all as shall be set forth in the Amendatory Loan Agreement. 247 Interest will be computed on the basis of a 360-day year consisting of twelve 30-248 day months. 249 250 Subject to Section 2 and the remainder of this Section, the dated date, the principal 251 installment and interest payment dates, the record dates for interest payments, the 252 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 256 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 6 of 14 aggregate principal amount, the amount of each principal installment, and the 253 interest rate on each principal installment shall be determined at the time of 254 execution of the Amendatory Loan Agreement under Section 18, provided that 255 (i) no rate of interest on any principal installment shall exceed the rate of interest 256 on the corresponding maturity of the Bond Bank Refunding Bonds; and (ii) the net 257 present value of the savings to the Borough effected by issuing the Bond (and a 258 replacement 2013 Bond) and refunding the Refundable Principal Installments that 259 are refunded shall be at least 3 percent of the aggregate principal amount of the 260 Refundable Principal Installments that are refunded; and (iii) the Bond shall mature 261 on or before the date that is six months after the date on which the last Refundable 262 Principal Installment that is refunded is payable. 263 264 Section 5: Optional Prepayment. The principal installments of the Bond shall be subject to 265 prepayment, at the Borough’s option, on the dates and at the prices to be set forth 266 in the Amendatory Loan Agreement. If fewer than all of the principal installments 267 of the Bond are to be prepaid, the principal installments to be prepaid shall be 268 determined by the Borough. Notice of any such prepayment shall be sent by the 269 Borough not less than 50 days prior to the date fixed for prepayment by first class 270 mail to the Registered Owner at the Registered Owner’s address as it then appears 271 on the Bond Register. Notice of prepayment having been duly given and the 272 prepayment having been duly effected, interest on the principal installments to be 273 prepaid shall cease to accrue on the date fixed for prepayment. 274 275 Section 6: Form of Bond. Each Bond shall be in substantially the following form, subject to 276 the provisions of the Amendatory Loan Agreement and with such variations, 277 omissions, and insertions as may be required or permitted by this Resolution: 278 279 UNITED STATES OF AMERICA 280 281 KODIAK ISLAND BOROUGH, ALASKA 282 283 NO. _______ $________ 284 285 LONG-TERM CARE CENTER REFUNDING REVENUE BOND 286 (PROVIDENCE KODIAK ISLAND MEDICAL CENTER) 287 288 REGISTERED OWNER: ALASKA MUNICIPAL BOND BANK 289 290 PRINCIPAL AMOUNT: 291 292 The Kodiak Island Borough (the “Borough”), a municipal corporation of the 293 State of Alaska, hereby acknowledges itself to owe and for value received 294 promises to pay to the Registered Owner identified above, or its registered 295 assigns, but only from the sources stated herein, the principal amount identified 296 above in the following installments in each of the following years, and to pay, from 297 the sources stated herein, interest on such installments from the date hereof, 298 payable on ____ 1, 20___, and semiannually thereafter on ____ 1, and ____ 1, of 299 each year, at the rates per annum as follows: 300 301 Maturity Principal Interest 302 Date Amount Rate 303 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 257 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 7 of 14 304 305 306 For so long as the Alaska Municipal Bond Bank (the “Bond Bank”) is the 307 Registered Owner, payment of principal and interest shall be made as provided in 308 the Loan Agreement between the Bond Bank and the Borough, as amended (the 309 “Amended Loan Agreement”). When and if this Bond is not owned by the Bond 310 Bank, installments of principal of and interest on this Bond shall be paid by check 311 or draft mailed by first class mail to the Registered Owner as of the close of 312 business on the 15th day of the month before each installment payment date; 313 provided, that the final installment of principal of and interest on this Bond shall be 314 payable upon presentation and surrender of this Bond by the Registered Owner at 315 the office of the Registrar. Interest will be computed on the basis of a 360-day year 316 consisting of twelve 30-day months. Both principal of and interest on this Bond are 317 payable in lawful money of the United States of America which, on the respective 318 dates of payment thereof, shall be legal tender for the payment of public and 319 private debts, solely out of the special fund of the Borough known as the “Long-320 Term Care Center Revenue Bond Account” created by Section 15 of Resolution 321 No. FY2013-13. 322 323 This Bond is the Long-Term Care Center Refunding Revenue Bond 324 (Providence Kodiak Island Medical Center) issued by the Borough, and is 325 authorized for the purpose of refunding certain principal installments of an 326 outstanding revenue bond of the Borough under Resolution No. FY2021-13 of the 327 Borough entitled: 328 329 A RESOLUTION OF THE KODIAK ISLAND BOROUGH 330 ASSEMBLY AUTHORIZING THE BOROUGH TO ISSUE A 331 REFUNDING REVENUE BOND TO REFUND ALL OR A PORTION 332 OF THE PRINCIPAL INSTALLMENTS OF THE OUTSTANDING 333 LONG-TERM CARE CENTER REVENUE BOND, SERIES 2013 334 (PROVIDENCE KODIAK ISLAND MEDICAL CENTER), OF THE 335 BOROUGH AND TO PAY COSTS OF ISSUING THE BOND; 336 FIXING CERTAIN DETAILS OF SUCH BOND; AUTHORIZING ITS 337 SALE; PROVIDING FOR RELATED MATTERS; AND REPEALING 338 RESOLUTION NO. FY 2020-07 339 340 (the “Resolution”). 341 342 Installments of principal of this Bond maturing on and after _____ 1, 20__, 343 shall be subject to prepayment on and after _____ 1, 20__, at the option of the 344 Borough (subject to any applicable provisions of the Amended Loan Agreement), 345 in such principal amounts and from such maturities as the Borough may determine, 346 and by lot within a maturity, at a redemption price equal to the principal amount to 347 be prepaid, plus accrued interest to the date of prepayment. 348 349 This Bond is transferable as provided in the Resolution, (i) only upon the 350 Bond Register of the Borough, and (ii) upon surrender of this Bond together with a 351 written instrument of transfer duly executed by the Registered Owner or the duly 352 authorized attorney of the Registered Owner, and thereupon a new fully registered 353 Bond in the same aggregate principal amount and maturity shall be issued to the 354 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 258 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 8 of 14 transferee in exchange therefor as provided in the Resolution and upon the 355 payment of charges, if any, as therein prescribed. The Borough may treat and 356 consider the person in whose name this Bond is registered as the absolute owner 357 hereof for the purpose of receiving payment of, or on account of, the principal or 358 redemption price, if any, hereof and interest due hereon and for all other purposes 359 whatsoever. 360 361 This Bond is a special, limited obligation of the Borough giving rise to no 362 charge against the Borough’s general credit, and is payable solely from, and 363 constitute a claim of the owner hereof against, only the revenues, funds, and 364 assets of the Borough pledged under the Resolution. This Bond shall never 365 constitute a debt or indebtedness of the State of Alaska within the meaning of any 366 provision or limitation of the Constitution or statutes of the State of Alaska or the 367 Borough, or of any political subdivision thereof, and shall never constitute nor give 368 rise to a general pecuniary liability of the State or the Borough or a charge against 369 their general credit or taxing powers. 370 371 No officer, agent, or employee of the Borough, and no officer, official, 372 agent, or employee of the State of Alaska, nor any person executing this Bond, 373 shall in any event be subject to any personal liability or accountability by reason of 374 the issuance of this Bond. 375 376 IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts or 377 things required by the constitution or statutes of the State of Alaska to exist, to 378 have happened or to have been performed precedent to or in the issuance of this 379 Bond exist, have happened and have been performed, and that this Bond, together 380 with all other indebtedness of the Borough, is within every debt and other limit 381 prescribed by such constitution or statutes. 382 383 IN WITNESS WHEREOF, THE KODIAK ISLAND BOROUGH, ALASKA, 384 has caused this Bond to be signed in its name and on its behalf by the manual or 385 facsimile signature of its Mayor and its corporate seal (or a facsimile thereof) to be 386 impressed or otherwise reproduced hereon and attested by the manual or facsimile 387 signature of its Clerk, all as of the ____ day of __________, _____. 388 389 KODIAK ISLAND BOROUGH 390 391 /specimen/ 392 Borough Mayor 393 394 ATTEST: 395 396 /specimen/ 397 Borough Clerk 398 399 Section 7: Execution. The Bond shall be executed in the name of the Borough by the manual 400 or facsimile signature of the Mayor, and its corporate seal (or a facsimile thereof) 401 shall be impressed or otherwise reproduced thereon and attested by the manual 402 or facsimile signature of the Borough Clerk. The execution of a Bond on behalf of 403 the Borough by persons who at the time of the execution are duly authorized to 404 hold the proper offices shall be valid and sufficient for all purposes, although any 405 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 259 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 9 of 14 such person shall have ceased to hold office at the time of delivery of the Bond or 406 shall not have held office on the date of the Bond. 407 408 Section 8: Payment of Principal Installments and Interest. The Bond shall be payable in 409 lawful money of the United States of America which at the time of payment is legal 410 tender for the payment of public and private debts. For so long as the Bond Bank 411 is the Registered Owner of the Bond, payment of principal installments of and 412 interest on the Bond shall be made as provided in the Loan Agreement, as 413 amended by the Amendatory Loan Agreement. When and if the Bond Bank is not 414 the Registered Owner of the Bond, installments of principal of and interest on the 415 Bond shall be paid by check mailed by first class mail to the Registered Owner as 416 of the record date for the installment payment at the address appearing on the 417 Bond Register; provided, that the final installment of principal and interest on the 418 Bond shall be payable upon presentation and surrender of the Bond by the 419 Registered Owner at the office of the Registrar. 420 421 Section 9: Registration. The Bond shall be issued only in registered form as to both principal 422 and interest. The Borough designates the Borough Finance Director as Registrar 423 for the Bond. The Registrar shall keep, or cause to be kept, the Bond Register at 424 the principal office of the Borough. The Borough covenants that, until the Bond has 425 been surrendered and canceled, it will maintain a system for recording the 426 ownership of the Bond that complies with the provisions of Section 149 of the 427 Code. The Borough and the Registrar may treat the person in whose name the 428 Bond shall be registered as the absolute owner of such Bond for all purposes, 429 whether or not the Bond shall be overdue, and all payments of principal of and 430 interest on the Bond made to the Registered Owner thereof or upon its order shall 431 be valid and effectual to satisfy and discharge the liability upon such Bond to the 432 extent of the sum or sums so paid, and neither the Borough nor the Registrar shall 433 be affected by any notice to the contrary. 434 435 Section 10: Transfer and Exchange. The Bond shall be transferred only upon the Bond 436 Register. Upon surrender for transfer or exchange of the Bond at the office of the 437 Registrar, together with a written instrument of transfer or authorization for 438 exchange in form and with guaranty of signature satisfactory to the Registrar, duly 439 executed by the Registered Owner or the duly authorized attorney of the 440 Registered Owner, the Borough shall execute and deliver a Bond in equal 441 aggregate principal amount, subject to such reasonable regulations as the 442 Borough may prescribe and upon payment sufficient to reimburse it for any tax, 443 fee or other governmental charge required to be paid in connection with such 444 transfer or exchange. If the Bond is surrendered for transfer or exchange it shall 445 be canceled by the Registrar. 446 447 Section 11: Bond Mutilated. Destroyed, Stolen, or Lost. Upon surrender to the Registrar of a 448 mutilated Bond, the Borough shall execute and deliver a new Bond of like maturity 449 and principal amount. Upon filing with the Registrar of evidence satisfactory to the 450 Borough that a Bond has been destroyed, stolen, or lost and of the ownership 451 thereof, and upon furnishing the Borough with indemnity satisfactory to it, the 452 Borough shall execute and deliver a new Bond of like maturity and principal 453 amount. The person requesting the execution and delivery of a new Bond under 454 this Section shall comply with such other reasonable regulations as the Borough 455 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 260 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 10 of 14 may prescribe and shall pay such expenses as the Borough may incur in 456 connection therewith. 457 458 Section 12: Long-Term Care Center Bond Account and Accounts Therein. There has been 459 heretofore created by Section 15 of the 2013 Bond Resolution a special fund of 460 the Borough known as the “Long-Term Care Center Revenue Bond Account” (the 461 “Bond Account”), which fund is a trust fund to be drawn upon for the sole purpose 462 of paying the principal of and interest and premium, if any, on all Parity Bonds. The 463 Bond Account consists of two subaccounts, the Debt Service Subaccount and the 464 Reserve Subaccount. Amounts pledged to be paid into the Bond Account are 465 hereby declared to be a lien and charge upon Pledged Revenues superior to all 466 other charges of any kind or nature and equal in rank to the charge thereon to pay 467 and secure the payment of the principal of and interest on all Parity Bonds. 468 469 The Borough hereby irrevocably obligates and binds itself to set aside and pay into 470 the Debt Service Subaccount out of Pledged Revenues on or before the 20th day 471 of each month the following: 472 473 A. Such amounts, in approximately equal monthly installments, as will be 474 sufficient to accumulate the amount required to pay the interest scheduled to 475 become due on Parity Bonds on the next interest payment date; and 476 477 B. Such amounts, in approximately equal monthly installments, as will be 478 sufficient to accumulate (i) the principal amount of Parity Bonds due for which no 479 sinking fund installments have been established; plus (ii) the unsatisfied balance 480 of any sinking fund installment for Parity Bonds, in each case during the next 12 481 months. 482 483 Moneys in the Debt Service Subaccount may be held in cash or invested in 484 permitted investments. Such investments shall mature prior to the time such 485 money is required for the payment of the principal of or interest on the Parity 486 Bonds. All interest earned on and profits derived from such investments shall 487 remain in and become part of the Debt Service Subaccount. 488 489 Section 13: Reserve Subaccount. The Borough hereby covenants and agrees that it will, at 490 the time of issuance of the Bond, cause amounts to be paid into the Reserve 491 Subaccount such that the total amount in the Reserve Subaccount will be equal 492 he Reserve Subaccount Requirement. 493 494 The Borough further covenants and agrees that it will set aside and pay into the 495 Reserve Subaccount amounts from Pledged Revenues, commencing with the first 496 month following the closing and delivery of the Bond, so that the amount on deposit 497 in the Reserve Subaccount will at all times be at least equal to the Reserve 498 Subaccount Requirement. 499 500 The Borough further covenants and agrees that in the event it issues any Future 501 Panty Bonds hereafter it will provide in each resolution authorizing the same that 502 at the time of issuance of such Future Parity Bonds payments will be made into 503 the Reserve Subaccount such that the total amount of such payments together 504 with the money already in the Reserve Subaccount will be equal to the Reserve 505 Subaccount Requirement. 506 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 261 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 11 of 14 507 The Borough further covenants and agrees that it will at all times maintain therein 508 an amount at least equal to the Reserve Subaccount Requirement until there is a 509 sufficient amount in the Bond Account and Reserve Subaccount to pay the 510 principal of, premium, if any, and interest on all outstanding Parity Bonds, at which 511 time the money in the Reserve Subaccount may be used to pay such principal, 512 premium, if any, and interest; provided, however, that moneys in the Reserve 513 Subaccount may be withdrawn or set aside in a special account in the Bond 514 Account to pay (with or without other available funds) the principal, premium, if 515 any, and interest on all of the outstanding Parity Bonds of any single issue or series 516 of Parity Bonds, so long as the moneys remaining on deposit in the Reserve 517 Subaccount are at least equal to the Reserve Subaccount Requirement on all of 518 the remaining outstanding Parity Bonds. The Borough may, from time to time, 519 transfer from the Reserve Subaccount to the Debt Service Subaccount amounts 520 in excess of the Reserve Subaccount Requirement. 521 522 In the event there shall be a deficiency in the Debt Service Subaccount for meeting 523 maturing installments of either principal of or interest on the Parity Bonds, such 524 deficiency shall be made up from the Reserve Subaccount by the withdrawal of 525 cash therefrom. Any deficiency created in the Reserve Subaccount by reason of 526 any such withdrawal shall then be made up from Pledged Revenues first available 527 therefor after making necessary provision for the required payments into the Debt 528 Service Subaccount. Investments in the Reserve Subaccount shall be valued at 529 amortized cost except that in the event of a deficiency in the Reserve Subaccount 530 caused by the withdrawal or transfer of moneys therefrom the amount of such 531 deficiency shall be determined by valuing all investments in the Reserve 532 Subaccount at the then market value. 533 534 All money in the Reserve Subaccount may be kept in cash or invested in 535 Government Obligations. Such investments shall mature not later than the last 536 maturity of the Parity Bonds outstanding at the time of their purchase. Interest on 537 any such investments and/or any profits realized from the sale thereof shall be 538 deposited in and become part of the Debt Service Subaccount. 539 540 Section 14: Subordinate Lien Bonds. Nothing contained herein shall prevent the Borough from 541 issuing revenue bonds or notes which are a charge upon Pledged Revenues 542 subordinate or inferior to the payments required herein to be made therefrom into 543 the Debt Service Subaccount and Reserve Subaccount, or from issuing long-term 544 care center revenue bonds to refund maturing bonds for the payment of which 545 moneys are not otherwise available. 546 547 Section 15: [Reserved] 548 549 Section 16: Amendatory and Supplemental Resolutions. 550 551 (a) The Assembly from time to time and at any time may adopt a resolution or 552 resolutions supplemental hereto, which resolution or resolutions thereafter shall 553 become a part of this Resolution, for any one or more of the following purposes: 554 555 (1) To add to the covenants and agreements of the Borough in this 556 Resolution, other covenants and agreements thereafter to be observed or 557 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 262 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 12 of 14 to surrender any right or power herein reserved to or conferred upon the 558 Borough. 559 560 (2) To make such provisions for the purpose of curing any ambiguities 561 or of curing, correcting or supplementing any defective provision contained 562 in this Resolution or in regard to matters or questions arising under this 563 Resolution as the Assembly may deem necessary or desirable and not 564 inconsistent with this Resolution and which shall not adversely affect the 565 interests of the Registered Owner of the Bond. 566 567 Any such supplemental resolution may be adopted without the consent of the 568 Registered Owner of the Bond at any time outstanding, notwithstanding any of the 569 provisions of subsection (b) of this Section. 570 571 (b) With the consent of the Registered Owner, the Assembly may adopt a 572 resolution or resolutions supplemental hereto for the purpose of adding any 573 provisions to or changing in any manner or eliminating any of the provisions of this 574 Resolution or of any supplemental resolution. 575 576 It shall not be necessary for the consent of the Registered Owner of the Bond 577 under this subsection to approve the particular form of any proposed supplemental 578 resolution, but it shall be sufficient if such consent approves the substance thereof. 579 580 (c) Upon the adoption of any supplemental resolution under this Section, this 581 Resolution shall be deemed to be modified and amended in accordance therewith, 582 and the respective rights, duties, and obligations under this Resolution of the 583 Borough and the Registered Owner shall thereafter be subject in all respects to 584 such modification and amendment, and all the terms and conditions of the 585 supplemental resolution shall be deemed to be part of the terms and conditions of 586 this Resolution for any and all purposes. 587 588 (d) Bonds executed and delivered after the adoption of any supplemental 589 resolution under this Section may bear a notation as to any matter provided for in 590 such supplemental resolution, and if such supplemental resolution shall so provide, 591 a new Bond modified so as to conform, in the opinion of the Borough, to any 592 modification of this Resolution contained in any such supplemental resolution may 593 be prepared by the Borough and delivered without cost to the Registered Owner 594 of the Bond, upon surrender for cancellation of such Bond in an equal aggregate 595 principal amount. 596 597 Section 17: Defeasance. In the event money and/or non-callable Government Obligations 598 maturing at such times and bearing interest to be earned thereon in amounts 599 sufficient to redeem and retire the Bond in accordance with its terms are set aside 600 in a special trust account to effect such redemption or retirement and such moneys 601 and the principal of and interest on such Government Obligations are irrevocably 602 set aside and pledged for such purpose, then no further payments need be made 603 to pay or secure the payment of the principal of and interest on the Bond and the 604 Bond shall be deemed not to be outstanding. 605 606 Section 18: Exchange of the Bond; Amendatory Loan Agreement; Continuing Disclosure 607 Certificate. The exchange of the Bond for all the Refundable Principal Installments 608 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 263 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 13 of 14 that are refunded (and the issuance of a replacement 2013 Bond), as provided in 609 the Amendatory Loan Agreement and this Resolution, is hereby authorized and 610 approved. The Amendatory Loan Agreement and the Continuing Disclosure 611 Certificate in substantially the form filed with this Resolution are hereby approved. 612 The Mayor and the Borough Manager are each hereby authorized to execute and 613 deliver the Amendatory Loan Agreement and the Continuing Disclosure Certificate 614 in such forms, together with such changes not inconsistent herewith as may be 615 approved by the Mayor or the Borough Manager (such approval to be conclusively 616 evidenced by such official’s execution and delivery of such document). 617 618 Section 19: Authority of Officers. The Mayor, the Borough Manager, the Borough Finance 619 Director, the Borough Clerk, the Borough Attorney, and bond counsel to the 620 Borough each is authorized and directed to do and perform all things and 621 determine all matters not determined by this Resolution, to the end that the 622 Borough may carry out its obligations under the Bond and this Resolution. 623 624 Section 20: Ongoing Disclosure. The Borough acknowledges that under Rule 15c2-12 of the 625 Securities and Exchange Commission (the “Rule”) the Borough may now or in the 626 future be an “obligated person.” In accordance with the Rule, and as the Bond 627 Bank may require, the Borough shall undertake to provide certain annual financial 628 information and operating data as shall be set forth in the Amendatory Loan 629 Agreement. 630 631 Section 21: Miscellaneous. No recourse shall be had for the payment of the principal of or the 632 interest on the Bond or for any claim based thereon or on this Resolution against 633 any member of the Assembly or officer of the Borough or any person executing the 634 Bond. The Bond is not and shall not be in any way a debt or liability of the State of 635 Alaska or of any political subdivision thereof, except the Borough, and does not 636 and shall not create or constitute an indebtedness or obligation, either legal, moral, 637 or otherwise, of such state or of any political subdivision thereof, except the 638 Borough. 639 640 Section 22: Severability. If any one or more of the provisions of this Resolution shall be 641 declared by any court of competent jurisdiction to be contrary to law, then such 642 provision shall be null and void and shall be deemed separable from the remaining 643 provisions of this Resolution and shall in no way affect the validity of the other 644 provisions of this Resolution or of the Bond. 645 646 Section 23: Effective Date. This Resolution shall become effective upon passage and 647 approval. 648 649 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 650 THIS _____ DAY OF _____, 2020 651 652 KODIAK ISLAND BOROUGH 653 654 655 656 657 William Roberts, Mayor 658 659 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 264 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 14 of 14 ATTEST: 660 661 662 663 664 Alise L. Rice, Borough Clerk 665 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 265 of 350 CERTIFICATE OF CLERK I, Alice Rice, Clerk of the Kodiak Island Borough (the “Borough”), HEREBY CERTIFY that the document attached hereto is an accurate and complete copy of Resolution No. FY2021-13 of the Borough adopted by the Borough Assembly at a meeting duly called and held on ____________________, 2020, and that Resolution No. FY2021-13 has not been modified, amended, repealed, or rescinded, but is in full force and effect on the date hereof. IN WITNESS WHEREOF, I have executed this certificate this _____ day of _______________, 2020. ALISE RICE Borough Clerk Kodiak Island Borough AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 266 of 350 Kodiak Island Borough, Alaska Resolution No. FY2020-07 Page 1 of 14 0 1 2 3 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2021-13 7 8 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 9 AUTHORIZING THE BOROUGH TO ISSUE A REFUNDING REVENUE 10 BOND TO REFUND ALL OR A PORTION OF THE PRINCIPAL 11 INSTALLMENTS OF THE OUTSTANDING LONG-TERM CARE CENTER 12 REVENUE BOND, SERIES 2013 (PROVIDENCE KODIAK ISLAND 13 MEDICAL CENTER), OF THE BOROUGH AND TO PAY COSTS OF 14 ISSUING THE BOND; FIXING CERTAIN DETAILS OF SUCH BOND; 15 AUTHORIZING ITS SALE; PROVIDING FOR RELATED MATTERS; AND 16 REPEALING RESOLUTION NO. FY 2020-07 17 18 WHEREAS, pursuant to Resolution No. FY2013-13, adopted by the Assembly on February 7, 19 2013 (the “2013 Bond Resolution”), the Borough issued its Long-Term Care Center Revenue Bond, 20 Series 2013 (Providence Kodiak Island Medical Center) (the “2013 Bond”), maturing on June 1, 21 2033, with principal installments due on June 1 of each of the years 2015 through 2033, inclusive, 22 in the original principal amount of $17,110,000; and 23 24 WHEREAS, pursuant to Resolution No. FY2016-19, adopted by the Assembly on November 5, 25 2015, the Borough defeased a portion of the principal installments of the 2013 Bond due in each 26 of the years 2017 through 2033, inclusive, in the aggregate principal amount of $4,455,000; and 27 28 WHEREAS, the principal installments of the 2013 Bond due in each of the years 2025 through 29 2030, inclusive, currently outstanding in the aggregate principal amount of $4,410,000 (the 30 “Refundable Principal Installments”), are subject to prepayment in whole or in part at the option of 31 the Borough on any date on or after June 1, 2018, at a price of 100% of the principal amount thereof 32 to be prepaid, plus accrued interest to the date of prepayment; and 33 34 WHEREAS, under AS 29.47.300, if the Borough has outstanding revenue bonds and the 35 Assembly determines it would be financially advantageous to refund those bonds, the Borough 36 may provide by resolution for the issuance of revenue refunding bonds, and under AS 29.47.320, 37 no election is required to authorize the issuance and sale of refunding bonds; and 38 39 WHEREAS, under AS 29.47.340, refunding bonds may be exchanged for the bonds being 40 refunded; and 41 42 WHEREAS, the Borough sold the 2013 Bond to the Alaska Municipal Bond Bank (the “Bond 43 Bank”), as authorized by the 2013 Bond Resolution, on the terms and conditions set forth in the 44 2013 Bond Resolution and in the loan agreement between the Borough and the Bond Bank dated 45 as of June 1, 2013 (the “2013 Loan Agreement”); and 46 47 Introduced by: Borough Manager Requested by: Finance Director Drafted by: Bond Counsel Introduced on: August 6, 2020 Adopted on: AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 267 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 2 of 14 WHEREAS, the Bond Bank issued its General Obligation Bonds, 2013B Series Two (Qualified 48 501(c)(3)) (the “Bond Bank Bonds”), among other purposes, to provide funds to purchase the 2013 49 Bond, as provided in the 2013 Loan Agreement; and 50 51 WHEREAS, the Bond Bank has expressed its intent to issue refunding bonds (the “Bond Bank 52 Refunding Bonds”) for the purpose of refunding a portion of the Bond Bank Bonds and achieving a 53 debt service savings; and 54 55 WHEREAS, Section 7 of the 2013 Loan Agreement provides that payments of principal of and 56 interest on the 2013 Bond may be adjusted to reduce debt service on the 2013 Bond if the Bond 57 Bank is able to achieve debt service savings by refunding the Bond Bank Bonds; and 58 59 WHEREAS, the Bond Bank has offered to enter into an Amendatory Loan Agreement (the 60 “Amendatory Loan Agreement”) to effect a reduction in debt service on all or a portion of the 61 Refundable Principal Installments; and 62 63 WHEREAS, the Assembly wishes to effect a reduction in debt service on all or a portion of the 64 Refundable Principal Installments by entering into the Amendatory Loan Agreement, issuing a 65 refunding bond (and a replacement 2013 Bond) in exchange for the 2013 Bond, and participating 66 in the refunding of a portion of the Bond Bank Bonds; and 67 68 WHEREAS, pursuant to Resolution No. FY2020-07, the Assembly previously authorized the 69 refunding of all or a portion of the Refundable Principal Installments on a tax-exempt basis, and 70 now wishes to repeal Resolution No. FY2020-07 and authorize the refunding of all or a portion of 71 the Refundable Principal Installments on a taxable basis; and 72 73 WHEREAS, the Assembly finds that it is necessary and appropriate to delegate to each of the 74 Borough Manager and Borough Finance Director authority to determine the maturity amounts, 75 interest rates, and other details of the bond, and to determine other matters that are not provided 76 for in this Resolution; 77 78 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 79 BOROUGH THAT: 80 81 Section 1: Definitions. In addition to terms which are defined in the recitals above, the 82 following terms shall have the following meanings in this Resolution: 83 84 (a) “2013 Bond” means the Long-Term Care Center Revenue Bond, Series 85 2013 (Providence Kodiak Island Medical Center), issued by the Borough pursuant 86 to the 2013 Bond Resolution. 87 88 (b) “2013 Bond Resolution” means Resolution No. FY2013-13 of the Borough, 89 adopted by the Assembly on February 7, 2013. 90 91 (c) “2013 Loan Agreement” means the loan agreement between the Borough 92 and the Bond Bank dated as of June 1, 2013. 93 94 (d) “Amendatory Loan Agreement” means the amendatory loan agreement to 95 be entered into between the Borough and the Bond Bank to effect a reduction in 96 debt service on all or a portion of the Refundable Principal Installments. 97 98 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 268 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 3 of 14 (e) “Annual Debt Service Requirement” means, with respect to any particular 99 Fiscal Year and to any specified bonds, an amount equal to (i) interest accruing 100 during such Fiscal Year on such bonds, except to the extent such interest is to be 101 paid from deposits in the Debt Service Subaccount from bond proceeds; (ii) the 102 principal amount of such bonds due during such Fiscal Year for which no sinking 103 fund installments have been established; plus (iii) the unsatisfied balance of any 104 sinking fund installment for such bonds due during such Fiscal Year. 105 106 (f) “Assembly” means the Assembly of the Kodiak Island Borough, as the 107 general legislative authority of the Kodiak Island Borough, as the same shall be 108 duly and regularly constituted from time to time. 109 110 (g) “Bond” means the “Long-Term Care Center Refunding Revenue Bond 111 (Providence Kodiak Island Medical Center)” of the Kodiak Island Borough, the 112 issuance and sale of which are authorized herein. 113 114 (h) “Bond Account” means the Long-Term Care Center Revenue Bond 115 Account created by Section 15 of the 2013 Bond Resolution. 116 117 (i) “Bond Bank” means the Alaska Municipal Bond Bank. 118 119 (j) “Bond Bank Bonds” means the General Obligation Bonds, 2013B Series 120 Two (Qualified 501(c)(3)), issued by the Bond Bank. 121 122 (k) “Bond Bank Refunding Bonds” means the series of general obligation 123 bonds issued by the Bond Bank, all or part of the proceeds of which are used to 124 purchase the Bond. 125 126 (l) “Bond Register” means the registration books maintained by the Registrar, 127 which include the names and addresses of the Registered Owners of the Bond or 128 their nominees. 129 130 (m) “Borough” means the Kodiak Island Borough, a municipal corporation of 131 the State of Alaska, organized as a second class borough under Title 29 of the 132 Alaska Statutes. 133 134 (n) “Borough Manager” means the Manager or Administrative Official of the 135 Borough. 136 137 (o) “Code” means the Internal Revenue Code of 1986, as amended from time 138 to time, together with all regulations applicable thereto. 139 140 (p) “Debt Service Subaccount” means the Debt Service Subaccount created 141 in the Bond Account by Section 15 of the 2013 Bond Resolution. 142 143 (q) “Financing Documents” means all or any of the 2013 Loan Agreement, the 144 Amendatory Loan Agreement, Lease, the 2013 Bond, the Bond, the 2013 Bond 145 Resolution, and this Resolution. 146 147 (r) “Fiscal Year” means the 12-month period commencing on July 1 each year 148 through and including June 30 of the following calendar year. 149 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 269 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 4 of 14 150 (s) “Future Parity Bonds” means any long-term care center revenue bonds, 151 notes, or other obligations of the Borough, other than the 2013 Bond and the Bond, 152 issued under a resolution wherein the Borough pledges that the payments to be 153 made out of the Pledged Revenues into the Bond Account and Reserve 154 Subaccount therein to pay and secure the payment of the principal of and interest 155 on such revenue bonds, notes, or other obligations will be on a parity with the 156 payments required by this Resolution to be made out of such Pledged Revenues 157 into such Bond Account and Reserve Subaccount to pay and secure the payment 158 of the principal of and interest on the 2013 Bond and the Bond. 159 160 (t) “Government Obligations” means obligations that are either (i) direct 161 obligations of the United States of America or (ii) obligations of an agency or 162 instrumentality of the United States of America the timely payment of the principal 163 of and interest on which are unconditionally guaranteed by the United States of 164 America. 165 166 (u) “Lease” means that certain Long-Term Care Center Lease Agreement 167 authorized by the Assembly in fall 2012, between the Borough and Providence for 168 the real property located at 1838 Chichenof Street, Kodiak, Alaska. 169 170 (v) “Parity Bonds” means the 2013 Bond, the Bond, and any Future Parity 171 Bonds. 172 173 (w) “Pledged Revenues” means Lease revenues and interest received and 174 profits derived from the investment of moneys obtained from moneys held in any 175 fund solely to pay or secure the payment of principal and interest when due on the 176 2013 Bond and the Bond. 177 178 (x) “Providence” means Providence Health & Services – Washington d/b/a 179 Providence Health & Services in Alaska, a Washington nonprofit corporation. 180 181 (y) “Refundable Principal Installments” means the principal installments of the 182 2013 Bond due in each of the years 2025 through 2030, inclusive, currently 183 outstanding in the aggregate principal amount of $4,410,000. 184 185 (z) “Registered Owner” means the person named as the registered owner of 186 the Bond in the Bond Register. 187 188 (aa) “Registrar” means the Borough Finance Director, or any successor that 189 the Borough may appoint by resolution. 190 191 (bb) “Reserve Subaccount” means the Reserve Subaccount created in the 192 Bond Account by Section 15 of the 2013 Bond Resolution. 193 194 (cc) “Reserve Subaccount Requirement” means an amount equal to the least 195 of (i) 10% of the stated principal amount of the Parity Bonds; (ii) 125% of the 196 average Annual Debt Service Requirement for all Parity Bonds; and (iii) the 197 maximum Annual Debt Service Requirement on all outstanding Parity Bonds. 198 199 (dd) “Resolution” means this Resolution No. FY2021-13 of the Borough. 200 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 270 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 5 of 14 201 Section 2: Authorization of Bond and Purpose of Issuance. The Assembly hereby determines 202 it would be financially advantageous to refund all or a portion of the Refundable 203 Principal Installments by issuing the Bond (and a replacement 2013 Bond) on the 204 terms and conditions provided in this Resolution. For the purpose of providing the 205 funds required to refund all or a portion of the Refundable Principal Installments 206 and to pay all costs incidental thereto and to the issuance of the Bond, the Borough 207 hereby authorizes and determines to issue and sell the Bond. The Bond shall be 208 designated “Long-Term Care Center Refunding Revenue Bond (Providence 209 Kodiak Island Medical Center),” with such additional series and year designation 210 as the Borough Manager or the Borough Finance Director may fix and determine. 211 212 The Borough Manager and/or the Borough Finance Director are hereby authorized 213 to fix and determine which of the Refundable Principal Installments are to be 214 refunded by issuing the Bond (and a replacement 2013 Bond) in exchange 215 therefor. 216 217 Section 3: Security for the Bond. The Bond shall be secured by Lease payments to be made 218 by Providence under the Lease and the additional provisions of the Financing 219 Documents and shall be a special, limited obligation of the Borough payable solely 220 from and secured by payments to be received pursuant to the Lease. The 221 Premises subject to and as defined in the Lease shall not be pledged to or 222 subordinated to the payment of the Bond. The Bond does not and shall never 223 constitute a debt or indebtedness or loan of the general credit of the Borough within 224 the meaning of any provisions or limitations of the State of Alaska constitution or 225 any statute or ordinance, and shall not constitute or give rise to a general pecuniary 226 liability of the Borough or a charge against the general credit or taxing power of the 227 Borough, and the face of the Bond shall so state. 228 229 Section 4: Date, Maturity, Interest Rates, and Other Details of the Bond. Each principal 230 installment of the Bond shall be in the denomination of $5,000 or any integral 231 multiple thereof. The Bond shall be numbered in the manner and with such 232 additional designation as the Registrar deems necessary for purposes of 233 identification, and may have endorsed thereon such legends or text as may be 234 necessary or appropriate to conform to the rules and regulations of any 235 governmental authority or any usage or requirement of law with respect thereto. 236 237 The Bond shall bear interest payable semi-annually on the dates and shall mature 238 on the date and each principal installment shall be payable annually in the amount 239 and on the dates, all as shall be set forth in the Amendatory Loan Agreement. 240 Interest will be computed on the basis of a 360-day year consisting of twelve 30-241 day months. 242 243 Subject to Section 2 and the remainder of this Section, the dated date, the principal 244 installment and interest payment dates, the record dates for interest payments, the 245 aggregate principal amount, the amount of each principal installment, and the 246 interest rate on each principal installment shall be determined at the time of 247 execution of the Amendatory Loan Agreement under Section 18, provided that 248 (i) no rate of interest on any principal installment shall exceed the rate of interest 249 on the corresponding maturity of the Bond Bank Refunding Bonds; and (ii) the net 250 present value of the savings to the Borough effected by issuing the Bond (and a 251 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 271 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 6 of 14 replacement 2013 Bond) and refunding the Refundable Principal Installments that 252 are refunded shall be at least 3 percent of the aggregate principal amount of the 253 Refundable Principal Installments that are refunded; and (iii) the Bond shall mature 254 on or before the date that is six months after the date on which the last Refundable 255 Principal Installment that is refunded is payable. 256 257 Section 5: Optional Prepayment. The principal installments of the Bond shall be subject to 258 prepayment, at the Borough’s option, on the dates and at the prices to be set forth 259 in the Amendatory Loan Agreement. If fewer than all of the principal installments 260 of the Bond are to be prepaid, the principal installments to be prepaid shall be 261 determined by the Borough. Notice of any such prepayment shall be sent by the 262 Borough not less than 50 days prior to the date fixed for prepayment by first class 263 mail to the Registered Owner at the Registered Owner’s address as it then appears 264 on the Bond Register. Notice of prepayment having been duly given and the 265 prepayment having been duly effected, interest on the principal installments to be 266 prepaid shall cease to accrue on the date fixed for prepayment. 267 268 Section 6: Form of Bond. Each Bond shall be in substantially the following form, subject to 269 the provisions of the Amendatory Loan Agreement and with such variations, 270 omissions, and insertions as may be required or permitted by this Resolution: 271 272 UNITED STATES OF AMERICA 273 274 KODIAK ISLAND BOROUGH, ALASKA 275 276 NO. _______ $________ 277 278 LONG-TERM CARE CENTER REFUNDING REVENUE BOND 279 (PROVIDENCE KODIAK ISLAND MEDICAL CENTER) 280 281 REGISTERED OWNER: ALASKA MUNICIPAL BOND BANK 282 283 PRINCIPAL AMOUNT: 284 285 The Kodiak Island Borough (the “Borough”), a municipal corporation of the 286 State of Alaska, hereby acknowledges itself to owe and for value received 287 promises to pay to the Registered Owner identified above, or its registered 288 assigns, but only from the sources stated herein, the principal amount identified 289 above in the following installments in each of the following years, and to pay, from 290 the sources stated herein, interest on such installments from the date hereof, 291 payable on ____ 1, 20___, and semiannually thereafter on ____ 1, and ____ 1, of 292 each year, at the rates per annum as follows: 293 294 Maturity Principal Interest 295 Date Amount Rate 296 297 298 299 For so long as the Alaska Municipal Bond Bank (the “Bond Bank”) is the 300 Registered Owner, payment of principal and interest shall be made as provided in 301 the Loan Agreement between the Bond Bank and the Borough, as amended (the 302 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 272 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 7 of 14 “Amended Loan Agreement”). When and if this Bond is not owned by the Bond 303 Bank, installments of principal of and interest on this Bond shall be paid by check 304 or draft mailed by first class mail to the Registered Owner as of the close of 305 business on the 15th day of the month before each installment payment date; 306 provided, that the final installment of principal of and interest on this Bond shall be 307 payable upon presentation and surrender of this Bond by the Registered Owner at 308 the office of the Registrar. Interest will be computed on the basis of a 360-day year 309 consisting of twelve 30-day months. Both principal of and interest on this Bond are 310 payable in lawful money of the United States of America which, on the respective 311 dates of payment thereof, shall be legal tender for the payment of public and 312 private debts, solely out of the special fund of the Borough known as the “Long-313 Term Care Center Revenue Bond Account” created by Section 15 of Resolution 314 No. FY2013-13. 315 316 This Bond is the Long-Term Care Center Refunding Revenue Bond 317 (Providence Kodiak Island Medical Center) issued by the Borough, and is 318 authorized for the purpose of refunding certain principal installments of an 319 outstanding revenue bond of the Borough under Resolution No. FY2020-_____ of 320 the Borough entitled: 321 322 A RESOLUTION OF THE KODIAK ISLAND BOROUGH 323 ASSEMBLY AUTHORIZING THE BOROUGH TO ISSUE A 324 REFUNDING REVENUE BOND TO REFUND ALL OR A PORTION 325 OF THE PRINCIPAL INSTALLMENTS OF THE OUTSTANDING 326 LONG-TERM CARE CENTER REVENUE BOND, SERIES 2013 327 (PROVIDENCE KODIAK ISLAND MEDICAL CENTER), OF THE 328 BOROUGH AND TO PAY COSTS OF ISSUING THE BOND; 329 FIXING CERTAIN DETAILS OF SUCH BOND; AUTHORIZING ITS 330 SALE; PROVIDING FOR RELATED MATTERS; AND REPEALING 331 RESOLUTION NO. FY 2020-07 332 333 (the “Resolution”). 334 335 Installments of principal of this Bond maturing on and after _____ 1, 20__, 336 shall be subject to prepayment on and after _____ 1, 20__, at the option of the 337 Borough (subject to any applicable provisions of the Amended Loan Agreement), 338 in such principal amounts and from such maturities as the Borough may determine, 339 and by lot within a maturity, at a redemption price equal to the principal amount to 340 be prepaid, plus accrued interest to the date of prepayment. 341 342 This Bond is transferable as provided in the Resolution, (i) only upon the 343 Bond Register of the Borough, and (ii) upon surrender of this Bond together with a 344 written instrument of transfer duly executed by the Registered Owner or the duly 345 authorized attorney of the Registered Owner, and thereupon a new fully registered 346 Bond in the same aggregate principal amount and maturity shall be issued to the 347 transferee in exchange therefor as provided in the Resolution and upon the 348 payment of charges, if any, as therein prescribed. The Borough may treat and 349 consider the person in whose name this Bond is registered as the absolute owner 350 hereof for the purpose of receiving payment of, or on account of, the principal or 351 redemption price, if any, hereof and interest due hereon and for all other purposes 352 whatsoever. 353 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 273 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 8 of 14 354 This Bond is a special, limited obligation of the Borough giving rise to no 355 charge against the Borough’s general credit, and is payable solely from, and 356 constitute a claim of the owner hereof against, only the revenues, funds, and 357 assets of the Borough pledged under the Resolution. This Bond shall never 358 constitute a debt or indebtedness of the State of Alaska within the meaning of any 359 provision or limitation of the Constitution or statutes of the State of Alaska or the 360 Borough, or of any political subdivision thereof, and shall never constitute nor give 361 rise to a general pecuniary liability of the State or the Borough or a charge against 362 their general credit or taxing powers. 363 364 No officer, agent, or employee of the Borough, and no officer, official, 365 agent, or employee of the State of Alaska, nor any person executing this Bond, 366 shall in any event be subject to any personal liability or accountability by reason of 367 the issuance of this Bond. 368 369 IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts or 370 things required by the constitution or statutes of the State of Alaska to exist, to 371 have happened or to have been performed precedent to or in the issuance of this 372 Bond exist, have happened and have been performed, and that this Bond, together 373 with all other indebtedness of the Borough, is within every debt and other limit 374 prescribed by such constitution or statutes. 375 376 IN WITNESS WHEREOF, THE KODIAK ISLAND BOROUGH, ALASKA, 377 has caused this Bond to be signed in its name and on its behalf by the manual or 378 facsimile signature of its Mayor and its corporate seal (or a facsimile thereof) to be 379 impressed or otherwise reproduced hereon and attested by the manual or facsimile 380 signature of its Clerk, all as of the ____ day of __________, _____. 381 382 KODIAK ISLAND BOROUGH 383 384 /specimen/ 385 Borough Mayor 386 387 ATTEST: 388 389 /specimen/ 390 Borough Clerk 391 392 Section 7: Execution. The Bond shall be executed in the name of the Borough by the manual 393 or facsimile signature of the Mayor, and its corporate seal (or a facsimile thereof) 394 shall be impressed or otherwise reproduced thereon and attested by the manual 395 or facsimile signature of the Borough Clerk. The execution of a Bond on behalf of 396 the Borough by persons who at the time of the execution are duly authorized to 397 hold the proper offices shall be valid and sufficient for all purposes, although any 398 such person shall have ceased to hold office at the time of delivery of the Bond or 399 shall not have held office on the date of the Bond. 400 401 Section 8: Payment of Principal Installments and Interest. The Bond shall be payable in 402 lawful money of the United States of America which at the time of payment is legal 403 tender for the payment of public and private debts. For so long as the Bond Bank 404 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 274 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 9 of 14 is the Registered Owner of the Bond, payment of principal installments of and 405 interest on the Bond shall be made as provided in the Loan Agreement, as 406 amended by the Amendatory Loan Agreement. When and if the Bond Bank is not 407 the Registered Owner of the Bond, installments of principal of and interest on the 408 Bond shall be paid by check mailed by first class mail to the Registered Owner as 409 of the record date for the installment payment at the address appearing on the 410 Bond Register; provided, that the final installment of principal and interest on the 411 Bond shall be payable upon presentation and surrender of the Bond by the 412 Registered Owner at the office of the Registrar. 413 414 Section 9: Registration. The Bond shall be issued only in registered form as to both principal 415 and interest. The Borough designates the Borough Finance Director as Registrar 416 for the Bond. The Registrar shall keep, or cause to be kept, the Bond Register at 417 the principal office of the Borough. The Borough covenants that, until the Bond has 418 been surrendered and canceled, it will maintain a system for recording the 419 ownership of the Bond that complies with the provisions of Section 149 of the 420 Code. The Borough and the Registrar may treat the person in whose name the 421 Bond shall be registered as the absolute owner of such Bond for all purposes, 422 whether or not the Bond shall be overdue, and all payments of principal of and 423 interest on the Bond made to the Registered Owner thereof or upon its order shall 424 be valid and effectual to satisfy and discharge the liability upon such Bond to the 425 extent of the sum or sums so paid, and neither the Borough nor the Registrar shall 426 be affected by any notice to the contrary. 427 428 Section 10: Transfer and Exchange. The Bond shall be transferred only upon the Bond 429 Register. Upon surrender for transfer or exchange of the Bond at the office of the 430 Registrar, together with a written instrument of transfer or authorization for 431 exchange in form and with guaranty of signature satisfactory to the Registrar, duly 432 executed by the Registered Owner or the duly authorized attorney of the 433 Registered Owner, the Borough shall execute and deliver a Bond in equal 434 aggregate principal amount, subject to such reasonable regulations as the 435 Borough may prescribe and upon payment sufficient to reimburse it for any tax, 436 fee or other governmental charge required to be paid in connection with such 437 transfer or exchange. If the Bond is surrendered for transfer or exchange it shall 438 be canceled by the Registrar. 439 440 Section 11: Bond Mutilated. Destroyed, Stolen, or Lost. Upon surrender to the Registrar of a 441 mutilated Bond, the Borough shall execute and deliver a new Bond of like maturity 442 and principal amount. Upon filing with the Registrar of evidence satisfactory to the 443 Borough that a Bond has been destroyed, stolen, or lost and of the ownership 444 thereof, and upon furnishing the Borough with indemnity satisfactory to it, the 445 Borough shall execute and deliver a new Bond of like maturity and principal 446 amount. The person requesting the execution and delivery of a new Bond under 447 this Section shall comply with such other reasonable regulations as the Borough 448 may prescribe and shall pay such expenses as the Borough may incur in 449 connection therewith. 450 451 Section 12: Long-Term Care Center Bond Account and Accounts Therein. There has been 452 heretofore created by Section 15 of the 2013 Bond Resolution a special fund of 453 the Borough known as the “Long-Term Care Center Revenue Bond Account” (the 454 “Bond Account”), which fund is a trust fund to be drawn upon for the sole purpose 455 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 275 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 10 of 14 of paying the principal of and interest and premium, if any, on all Parity Bonds. The 456 Bond Account consists of two subaccounts, the Debt Service Subaccount and the 457 Reserve Subaccount. Amounts pledged to be paid into the Bond Account are 458 hereby declared to be a lien and charge upon Pledged Revenues superior to all 459 other charges of any kind or nature and equal in rank to the charge thereon to pay 460 and secure the payment of the principal of and interest on all Parity Bonds. 461 462 The Borough hereby irrevocably obligates and binds itself to set aside and pay into 463 the Debt Service Subaccount out of Pledged Revenues on or before the 20th day 464 of each month the following: 465 466 A. Such amounts, in approximately equal monthly installments, as will be 467 sufficient to accumulate the amount required to pay the interest scheduled to 468 become due on Parity Bonds on the next interest payment date; and 469 470 B. Such amounts, in approximately equal monthly installments, as will be 471 sufficient to accumulate (i) the principal amount of Parity Bonds due for which no 472 sinking fund installments have been established; plus (ii) the unsatisfied balance 473 of any sinking fund installment for Parity Bonds, in each case during the next 12 474 months. 475 476 Moneys in the Debt Service Subaccount may be held in cash or invested in 477 permitted investments. Such investments shall mature prior to the time such 478 money is required for the payment of the principal of or interest on the Parity 479 Bonds. All interest earned on and profits derived from such investments shall 480 remain in and become part of the Debt Service Subaccount. 481 482 Section 13: Reserve Subaccount. The Borough hereby covenants and agrees that it will, at 483 the time of issuance of the Bond, cause amounts to be paid into the Reserve 484 Subaccount such that the total amount in the Reserve Subaccount will be equal 485 he Reserve Subaccount Requirement. 486 487 The Borough further covenants and agrees that it will set aside and pay into the 488 Reserve Subaccount amounts from Pledged Revenues, commencing with the first 489 month following the closing and delivery of the Bond, so that the amount on deposit 490 in the Reserve Subaccount will at all times be at least equal to the Reserve 491 Subaccount Requirement. 492 493 The Borough further covenants and agrees that in the event it issues any Future 494 Panty Bonds hereafter it will provide in each resolution authorizing the same that 495 at the time of issuance of such Future Parity Bonds payments will be made into 496 the Reserve Subaccount such that the total amount of such payments together 497 with the money already in the Reserve Subaccount will be equal to the Reserve 498 Subaccount Requirement. 499 500 The Borough further covenants and agrees that it will at all times maintain therein 501 an amount at least equal to the Reserve Subaccount Requirement until there is a 502 sufficient amount in the Bond Account and Reserve Subaccount to pay the 503 principal of, premium, if any, and interest on all outstanding Parity Bonds, at which 504 time the money in the Reserve Subaccount may be used to pay such principal, 505 premium, if any, and interest; provided, however, that moneys in the Reserve 506 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 276 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 11 of 14 Subaccount may be withdrawn or set aside in a special account in the Bond 507 Account to pay (with or without other available funds) the principal, premium, if 508 any, and interest on all of the outstanding Parity Bonds of any single issue or series 509 of Parity Bonds, so long as the moneys remaining on deposit in the Reserve 510 Subaccount are at least equal to the Reserve Subaccount Requirement on all of 511 the remaining outstanding Parity Bonds. The Borough may, from time to time, 512 transfer from the Reserve Subaccount to the Debt Service Subaccount amounts 513 in excess of the Reserve Subaccount Requirement. 514 515 In the event there shall be a deficiency in the Debt Service Subaccount for meeting 516 maturing installments of either principal of or interest on the Parity Bonds, such 517 deficiency shall be made up from the Reserve Subaccount by the withdrawal of 518 cash therefrom. Any deficiency created in the Reserve Subaccount by reason of 519 any such withdrawal shall then be made up from Pledged Revenues first available 520 therefor after making necessary provision for the required payments into the Debt 521 Service Subaccount. Investments in the Reserve Subaccount shall be valued at 522 amortized cost except that in the event of a deficiency in the Reserve Subaccount 523 caused by the withdrawal or transfer of moneys therefrom the amount of such 524 deficiency shall be determined by valuing all investments in the Reserve 525 Subaccount at the then market value. 526 527 All money in the Reserve Subaccount may be kept in cash or invested in 528 Government Obligations. Such investments shall mature not later than the last 529 maturity of the Parity Bonds outstanding at the time of their purchase. Interest on 530 any such investments and/or any profits realized from the sale thereof shall be 531 deposited in and become part of the Debt Service Subaccount. 532 533 Section 14: Subordinate Lien Bonds. Nothing contained herein shall prevent the Borough from 534 issuing revenue bonds or notes which are a charge upon Pledged Revenues 535 subordinate or inferior to the payments required herein to be made therefrom into 536 the Debt Service Subaccount and Reserve Subaccount, or from issuing long-term 537 care center revenue bonds to refund maturing bonds for the payment of which 538 moneys are not otherwise available. 539 540 Section 15: [Reserved] 541 542 Section 16: Amendatory and Supplemental Resolutions. 543 544 (a) The Assembly from time to time and at any time may adopt a resolution or 545 resolutions supplemental hereto, which resolution or resolutions thereafter shall 546 become a part of this Resolution, for any one or more of the following purposes: 547 548 (1) To add to the covenants and agreements of the Borough in this 549 Resolution, other covenants and agreements thereafter to be observed or 550 to surrender any right or power herein reserved to or conferred upon the 551 Borough. 552 553 (2) To make such provisions for the purpose of curing any ambiguities 554 or of curing, correcting or supplementing any defective provision contained 555 in this Resolution or in regard to matters or questions arising under this 556 Resolution as the Assembly may deem necessary or desirable and not 557 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 277 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 12 of 14 inconsistent with this Resolution and which shall not adversely affect the 558 interests of the Registered Owner of the Bond. 559 560 Any such supplemental resolution may be adopted without the consent of the 561 Registered Owner of the Bond at any time outstanding, notwithstanding any of the 562 provisions of subsection (b) of this Section. 563 564 (b) With the consent of the Registered Owner, the Assembly may adopt a 565 resolution or resolutions supplemental hereto for the purpose of adding any 566 provisions to or changing in any manner or eliminating any of the provisions of this 567 Resolution or of any supplemental resolution. 568 569 It shall not be necessary for the consent of the Registered Owner of the Bond 570 under this subsection to approve the particular form of any proposed supplemental 571 resolution, but it shall be sufficient if such consent approves the substance thereof. 572 573 (c) Upon the adoption of any supplemental resolution under this Section, this 574 Resolution shall be deemed to be modified and amended in accordance therewith, 575 and the respective rights, duties, and obligations under this Resolution of the 576 Borough and the Registered Owner shall thereafter be subject in all respects to 577 such modification and amendment, and all the terms and conditions of the 578 supplemental resolution shall be deemed to be part of the terms and conditions of 579 this Resolution for any and all purposes. 580 581 (d) Bonds executed and delivered after the adoption of any supplemental 582 resolution under this Section may bear a notation as to any matter provided for in 583 such supplemental resolution, and if such supplemental resolution shall so provide, 584 a new Bond modified so as to conform, in the opinion of the Borough, to any 585 modification of this Resolution contained in any such supplemental resolution may 586 be prepared by the Borough and delivered without cost to the Registered Owner 587 of the Bond, upon surrender for cancellation of such Bond in an equal aggregate 588 principal amount. 589 590 Section 17: Defeasance. In the event money and/or non-callable Government Obligations 591 maturing at such times and bearing interest to be earned thereon in amounts 592 sufficient to redeem and retire the Bond in accordance with its terms are set aside 593 in a special trust account to effect such redemption or retirement and such moneys 594 and the principal of and interest on such Government Obligations are irrevocably 595 set aside and pledged for such purpose, then no further payments need be made 596 to pay or secure the payment of the principal of and interest on the Bond and the 597 Bond shall be deemed not to be outstanding. 598 599 Section 18: Exchange of the Bond; Amendatory Loan Agreement; Continuing Disclosure 600 Certificate. The exchange of the Bond for all the Refundable Principal Installments 601 that are refunded (and the issuance of a replacement 2013 Bond), as provided in 602 the Amendatory Loan Agreement and this Resolution, is hereby authorized and 603 approved. The Amendatory Loan Agreement and the Continuing Disclosure 604 Certificate in substantially the form filed with this Resolution are hereby approved. 605 The Mayor and the Borough Manager are each hereby authorized to execute and 606 deliver the Amendatory Loan Agreement and the Continuing Disclosure Certificate 607 in such forms, together with such changes not inconsistent herewith as may be 608 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 278 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-13 Page 13 of 14 approved by the Mayor or the Borough Manager (such approval to be conclusively 609 evidenced by such official’s execution and delivery of such document). 610 611 Section 19: Authority of Officers. The Mayor, the Borough Manager, the Borough Finance 612 Director, the Borough Clerk, the Borough Attorney, and bond counsel to the 613 Borough each is authorized and directed to do and perform all things and 614 determine all matters not determined by this Resolution, to the end that the 615 Borough may carry out its obligations under the Bond and this Resolution. 616 617 Section 20: Ongoing Disclosure. The Borough acknowledges that under Rule 15c2-12 of the 618 Securities and Exchange Commission (the “Rule”) the Borough may now or in the 619 future be an “obligated person.” In accordance with the Rule, and as the Bond 620 Bank may require, the Borough shall undertake to provide certain annual financial 621 information and operating data as shall be set forth in the Amendatory Loan 622 Agreement. 623 624 Section 21: Miscellaneous. No recourse shall be had for the payment of the principal of or the 625 interest on the Bond or for any claim based thereon or on this Resolution against 626 any member of the Assembly or officer of the Borough or any person executing the 627 Bond. The Bond is not and shall not be in any way a debt or liability of the State of 628 Alaska or of any political subdivision thereof, except the Borough, and does not 629 and shall not create or constitute an indebtedness or obligation, either legal, moral, 630 or otherwise, of such state or of any political subdivision thereof, except the 631 Borough. 632 633 Section 22: Severability. If any one or more of the provisions of this Resolution shall be 634 declared by any court of competent jurisdiction to be contrary to law, then such 635 provision shall be null and void and shall be deemed separable from the remaining 636 provisions of this Resolution and shall in no way affect the validity of the other 637 provisions of this Resolution or of the Bond. 638 639 Section 23: Effective Date. This Resolution shall become effective upon passage and 640 approval. 641 642 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 643 THIS _____ DAY OF _____, 2020 644 645 KODIAK ISLAND BOROUGH 646 647 648 649 650 William Roberts, Mayor 651 652 ATTEST: 653 654 655 656 657 Alice Rice, Borough Clerk 658 AGENDA ITEM #13.B.3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Re...Page 279 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY WORK SESSION Kodiak Island Borough SUBJECT: Resolution No. FY2021-14 A Resolution Of The Assembly Of The Kodiak Island Borough Approving A Memorandum Of Understanding With The City Of Kodiak To Outline Records Management Responsibilities For The Emergency Operations Center (EOC) And Establish A Joint Records Retention Schedule For The Emergency Operations Center. ORIGINATOR: Alise Rice RECOMMENDATION: • Sign a Memorandum Of Understanding with the City of Kodiak to outline management responsibilities of the jointly owned EOC records. • Adopt a resolution establishing a joint Records Retention Schedule with the City of Kodiak for the Emergency Operation Center Records. DISCUSSION: To ensure compliance with Alaska Public Records Act and the governing municipal records laws, a resolution establishing a records retention schedule that mirrors the City of Kodiak is important. The records of the EOC are jointly held by the City and Borough, the City has offered to manage and house these records. The objective is: • To establish a consistent joint records retention schedule that will guide Emergency Operation Center staff to create and maintain necessary records. o The city has provided a in depth retention schedule for review. The information for this schedule was pulled from the Division of Homeland Security and other relevant sources. • Sign a MOU with the City of Kodiak for the management of the jointly owned records. • Pass a Resolution adopting: o A Memorandum of Understanding with the City of Kodiak for jointly owned EOC records management. o A joint Records Retention Schedule for the EOC records. ALTERNATIVES: • Create, house, and manage a copy of the jointly owned records. o Not recommended, this would be a costly expense. • For the Borough to house and manage the jointly owned records. o Not recommended, the City has the room for the records and the records management software available. They have also already created a in depth records retention schedule and planned out the management of the records. FISCAL IMPACT: AGENDA ITEM #13.B.4. Resolution No. FY2021-14 A Resolution Of The Assembly Of The Kodiak Isla...Page 280 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY WORK SESSION Kodiak Island Borough None. OTHER INFORMATION: None. AGENDA ITEM #13.B.4. Resolution No. FY2021-14 A Resolution Of The Assembly Of The Kodiak Isla...Page 281 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-14 Page 1 of 2 Introduced by: Borough Clerks Office 1 Drafted by: Borough Clerk 2 Introduced on 08/06/2020 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2021-14 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPROVING A 9 MEMORANDUM OF UNDERSTANDING WITH THE CITY OF KODIAK TO OUTLINE 10 RECORDS MANAGEMENT RESPONSIBILITIES FOR THE EMERGENCY OPERATIONS 11 CENTER (EOC) AND ESTABLISH A JOINT RECORDS RETENTION SCHEDULE FOR THE 12 EMERGENCY OPERATIONS CENTER. 13 14 WHEREAS, the Emergency Operations Center is the operational component of the Emergency 15 Services Council as defined in KIBC 2.110.030; and 16 17 WHEREAS, the Emergency Services Council is a joint city-borough entity; 18 19 WHEREAS, the Emergency Operations Center as part of the Emergency Services Council is 20 an “instrumentality” of both Kodiak Island Borough and the City of Kodiak; and 21 22 WHEREAS, the public records act applies to the public records of all public agencies, which 23 makes the Emergency Operations Center subject to the public records act; and 24 25 WHEREAS, the City of Kodiak proposed a one year memorandum of understanding as 26 provided in Appendix A to this resolution and incorporated by reference, subject to assembly 27 approval; and 28 29 WHEREAS, the City of Kodiak has proposed a specific records retention schedule for the 30 retention of Emergency Operations Center as provided in Appendix B to this resolution and 31 incorporated by reference, subject to assembly approval; and 32 33 WHEREAS, it is in the best interest of the Borough to adopt a specific records retention 34 schedule for the retention of Emergency Operations Center records. 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 37 BOROUGH THAT 38 39 1. The attached Memorandum Of Understanding between the City of Kodiak and the Kodiak 40 Island Borough is hereby approved. 41 42 2. The attached Emergency Operations Center Records Retention Schedule is hereby 43 approved. 44 45 AGENDA ITEM #13.B.4. Resolution No. FY2021-14 A Resolution Of The Assembly Of The Kodiak Isla...Page 282 of 350 Kodiak Island Borough, Alaska Resolution No. FY2021-14 Page 2 of 2 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 46 THIS DAY OF , 2020 47 48 KODIAK ISLAND BOROUGH 49 ATTEST: 50 51 ___________________________ 52 William Roberts, Mayor ___________________________ 53 Alise L. Rice, Borough Clerk 54 VOTES: 55 Ayes: 56 Noes: 57 AGENDA ITEM #13.B.4. Resolution No. FY2021-14 A Resolution Of The Assembly Of The Kodiak Isla...Page 283 of 350 Appendix A MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (the “MOU” or “Memorandum”), is entered into on July 15, 2020 (the Effective Date”), by and between the City of Kodiak and the Kodiak Island Borough both located at 710 Mill Bay Road, Kodiak, Alaska. 1. Mission The Emergency Operations Center (EOC) is the operational component of the Emergency Services Council as defined in KCC 2.32.030 and KIBC 2.110.30. The EOC as part of the Emergency Services Council is an “instrumentality” of both Kodiak Island Borough and the City of Kodiak; therefore, the entities have records management responsibilities and obligations. 2. Purpose The City of Kodiak and the Kodiak Island Borough have agreed to establish a Memorandum of Understanding to outline the records management responsibilities for the Emergency Operations Center (EOC) to ensure compliance with Alaska Public Records Act and the governing municipal records laws. 3. Responsibilities and Obligations of the Parties a) To establish a joint Records Retention Schedule (RRS) for the Emergency Operations Center that will be approved by the respective governing bodies and comply with KCC 2.36. b) The City of Kodiak shall be the municipality responsible for retaining EOC records in compliance with the joint RRS. c) The City staff shall work with Emergency Services Organization to create, maintain, and preserve the EOC records in an efficient manner using their records and document management system; email retention software; and social media software. d) The City staff shall dispose the EOC records in an efficient manner using their records and document management system; email retention software; and social media software. e) The City shall maintain inactive records in a storage facility. f) The City Information Systems staff shall implement and provide ongoing support of the approved records management applications supporting the EOC records management program. g) The City staff shall be designated the primary official to receive EOC public records requests. 4. Objective The City and Borough will work together to establish and maintain a consistent Records Retention Schedule that will guide EOC staff to create and maintain the necessary records; while providing AGENDA ITEM #13.B.4. Resolution No. FY2021-14 A Resolution Of The Assembly Of The Kodiak Isla...Page 284 of 350 Appendix A expectations for the City staff assigned to properly manage the lifecycle of records in the Emergency Operations Center. 5. Term The term of this Memorandum shall be for a period of one-year from the effective date and maybe extended upon written mutual agreement of both Parties. AGENDA ITEM #13.B.4. Resolution No. FY2021-14 A Resolution Of The Assembly Of The Kodiak Isla...Page 285 of 350 Emergency Operations Center (EOC) Records Retention Schedule Record Series No. 80 Records Series Title Records Description Retention In Dept / Records Center / Final Disposition Folder Closure Criteria Legal Citation 80-8000 EMERGENCY PLANS Local Emergency/Disaster Plans, May include daily, monthly, and quarterly Incident Action Plans. 7 years When superseded or obsolete 80-8001 LAWS, EXECUTIVE ORDERS, AND MANDATES Records or copies of records that establish the legal authority of the agency and the operations. May include public laws, regulations, assembly and council ordinances and executive orders. 7 years End of calendar year when emergency or disaster has ended 80-8002 GENERAL CORRESPONDENCE Incoming and outgoing correspondence with the local public agencies, May include telephone logs, inquiries, complaints, and requests for service. 3 years End of calendar year when emergency or disaster has ended 80-8003 COMMUNITY REPORTS, PERMITS AND PLANNING DOCUMENTS General plans, permits, licenses, studies, analysis related to public safety strategies, personnel needs assessments, mitigation plans, safety plans, contingency plans, and similar planning community or state reports pertinent to fulfilling the roles and responsibilities of the EOC within the local community. 7 years When superseded or obsolete 80-8004 INCIDENT REPORTS Reports of incidents with individuals on municipal property during emergency and/or disaster. 3 years End of calendar year when emergency or disaster has ended 80-8005 TEMPORARY INDIVIDUAL FILES Files may contain description of duties, training records, and security access forms. 5 years End of calendar year 80-8006 GENERAL MEDIA RELEASES/PUBLICATIONS SOCIAL MEDIA POSTS General information released to the media and public. Media posts on Facebook regarding Emergency and/or Disaster Webpage Design and Output 3 years 3 years 1 year End of calendar year when emergency or disaster has ended Date of Post End of Emergency/Disa ster 80-8007 FINANCE ALLOCATIONS EOC Timesheet/Attendance Sheets Supply and Inventory Tracking Note: Accounts Payable, Disbursement Records, Accounts Receivable, Ledgers and Journals Banking records are processed through the City of Kodiak Finance’s Department. Refer to CoK Finance RRS. 7 years End of calendar year 80-8008 CONTRACTS AND AGREEMENTS Records of contracts or agreements relating to mutual aid, data and resource sharing, service agreements and memorandum of understanding. 6 years End of contract or agreement Appendix B AGENDA ITEM #13.B.4. Resolution No. FY2021-14 A Resolution Of The Assembly Of The Kodiak Isla...Page 286 of 350 Emergency Operations Center (EOC) Records Retention Schedule Record Series No. 80 Records Series Title Records Description Retention In Dept / Records Center / Final Disposition Folder Closure Criteria Legal Citation 80-8009 FACILITIES AND VEHICLES Records relating to the facilities and vehicles, etc. May include building layout, maps, vehicle title, registration, inspection, maintenance, repair, fuel, meter reads, mileage logs, etc. 7 years When superseded or obsolete 80-8010 SAFETY DATA SHEETS Files contain Safety Data Sheets (SDS) for all hazardous material used at a locations or facility. 30 years When superseded or obsolete 80-8011 CONFIDENTIAL OR SENSITIVE INFORMATION Records, photographs, audio, video, during the emergency planning or disaster planning that may be protected by state or federal law. 1 year End of calendar year when emergency or disaster has ended 80-8012 PUBLIC RECORDS REQUESTS Files contain documents related to requests for public records. 5 years End of calendar year 80-8013 SERVER DISASTER RECOVERY PLAN Files contain documents related to server disaster recovery plan. 15 days Server Disaster tapes are continually updated and replaced every 15 days. 80-8014 Outgoing ELECTRONIC (E- mail) Outgoing correspondence emails. 5 years Date of sent email 80-8015 Incoming ELECTRONIC (E- mail) Incoming Transitory Email 1 year Date of receipt of email 80-8016 LEGAL OPINIONS Formal legal opinions rendered by counsel for Emergency Operations Center guidance. 2 years When superseded or obsolete Appendix B AGENDA ITEM #13.B.4. Resolution No. FY2021-14 A Resolution Of The Assembly Of The Kodiak Isla...Page 287 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2021 Budget, By Amending Budgets To Account For Federal CARES (Coronavirus Aid, Relief, And Economic Security) Act Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. ORIGINATOR: Dora Cross RECOMMENDATION: Move to advance Ordinance No. FY2021-01C to public hearing at the next regular meeting of the assembly on August 20, 2020. DISCUSSION: The Borough is eligible to receive up to $5,792,500.90 in Federal CARES Act (Coronavirus Aid, Relief, and Economic Security) grant funds via the State of Alaska. The funding occurs in three payments: • $4,836,892.90 (83.5% of total amount) received on 06/26/2020 • $477,804.00 (8.25% of total amount) will be received after 80% ($3,869,514) of 1st payment is expended • $477,804.00 (8.25% of total amount) will be received after 80% ($382,243) of 2nd payment is expended Any money not expended prior to December 31, 2020 must to returned to the State of Alaska. Although Resolution No. FY2021-07 created an initial, broad spending plan for the total $5.7 million of CARES amount payment first the expend to of staff directs ordinance this funding, Act how $4,836,892.90. • $1.57 million is to be paid to the Kodiak Island Borough School district o $1.57 million qualifies as expended (once a signed recipient agreement has been received) • $1.2 million is to be put in a Borough project budget to reimburse the Borough o As of 7/17/2020 $216,000 qualifies as expended • $500,000 is to be put in the Borough's non-profit budget for future grants o As of 7/17/2020 $0.00 qualifies as expended • $1,000,000 is be put in a Borough project budget for the KEDC (Kodiak Economic Development Corporation) grant program o As of 7/17/2020 $0.00 qualifies as expended The above budgeted expenditures total $4,270,000. The above actual expenditures that would quality as expended toward the $3,869,514 needed to to receive the second payment (assuming the ordinance passes as is) total $1,786,000: • $1.57 Million to KIBSD • $216,000 to KIB (as of 7/17/2020) • $0 Non-Profits (until the recipient distributions are mad e) • $0 KEDC (until the recipient distributions are made) AGENDA ITEM #13.C.1. Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 288 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: None. AGENDA ITEM #13.C.1. Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 289 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-01C Page 1 of 2 Introduced by: Borough Manager 1 Drafted by: Finance Director and Borough Attorney 2 Introduced on: 08/06/2020 3 Public Hearing Date: XX/XX/2020 4 Adopted on: XX/XX/2020 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2021-01C 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9 ORDINANCE NO. FY2021-01, FY2021 BUDGET, TO ACCOUNT FOR FEDERAL CARES 10 (CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY) ACT REVENUES THAT ARE 11 OVER BUDGET, PROVIDING FOR ADDITIONAL EXPENDITURES AND MOVING FUNDS 12 BETWEEN PROJECTS. 13 14 WHEREAS, the assembly acknowledges during the recent COVID-19 pandemic many of our 15 citizens and businesses are experiencing financial hardships; and 16 17 WHEREAS, the Federal Government provided funding under Section 601(a) of the Social 18 Security Act, and added by section 5001 of the CARES (Coronavirus Aid, Relief and Economic 19 Security) Act in response to the recent pandemic; and 20 21 WHEREAS, the Assembly passed resolution FY2020-32 accepting the CARES Act grant in the 22 of $5,792,501 for the benefit of the Kodiak Island Borough community; and 23 24 WHEREAS, the Borough received the first of three payments in the amount of $4,836,892.90 25 on June 26, 2020; and 26 27 WHEREAS, the Assembly requests a transfer of $1,570,000 to the KIBSD (Kodiak Island 28 Borough School District) for physical improvements to buildings, custodial cleaning staff, distance 29 learning, distancing barriers, PPE and other related supplies; and 30 31 WHEREAS, the Assembly requests $1,200,000 to the Borough for physical improvements to 32 buildings, staffing expenses for EOC (Emergency Operations Center), quarantines and elections, 33 distancing barriers, PPE and other related supplies; and 34 35 WHEREAS, the Assembly requests a $500,000 budget increase for the payment of non-profit 36 grants; and 37 38 WHEREAS, the Assembly requests a $1,000,000 budget increase for the payment of KEDC 39 (Kodiak Economic Development Corporation) recommended business grants; and 40 41 WHEREAS, the after hearing public testimony, the Assembly now desires to amend the FY2021 42 budget and to and appropriate the funds from the Cares Act Grant accepted by Resolution 43 FY2020-32. 44 45 AGENDA ITEM #13.C.1. Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 290 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-01C Page 2 of 2 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 46 BOROUGH THAT: 47 48 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 49 Kodiak Island Borough Code of Ordinances. 50 51 Section 2: A $1,570,000 payment will be made to KIBSD through the central treasury. 52 53 Section 3: A $1,200,000 transfer to the Borough’s COVID-19 project. 54 55 Section 4: The budget for non-profit grants will be increased by $500,000 to fund grants. 56 57 Section 54: The project budget for business grants will be increased by $1,000,000 to fund the 58 KEDC grant recommendations. 59 60 Section 6: The balance of $1,522,500.90 of the total of $5,792,500.90 expected to be 61 received under the CARES Act Grant will be held in the CARES Act Grant reserve 62 pending further appropriation by the Assembly. 63 64 Section 7: The amounts listed in sections 2 through 6 of this ordinance are hereby 65 appropriated for the purposes stated. 66 67 Effective Date: This ordinance takes effect upon adoption. 68 69 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 70 THIS _________ DAY OF __________, 2020. 71 72 KODIAK ISLAND BOROUGH 73 ATTEST: 74 75 ___________________________ 76 William Roberts, Mayor ___________________________ 77 Alise L. Rice, Borough Clerk 78 VOTES: 79 Ayes: 80 Noes: 81 AGENDA ITEM #13.C.1. Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 291 of 350 Department of Commerce, Community, and Economic Development Division of Community and Regional Affairs Anchorage 550 W 7th AVE, STE 1650 Anchorage, AK 99501-3510 Main: 907.269.4501 Toll free: 877.769.4539 Fax: 907.269.4563 May 26, 2020 Coronavirus Relief Fund Grantee: Please find attached an update to the “Coronavirus Relief Fund Grant Agreement Attachment C”. “Article 38 Audit Requirements” has been updated to incorporate federal audit requirements. Keep this update attached to your Grant Agreement in your files and retain as required in accordance with Attachment C Article 7. Please contact me if you have any questions. Sincerely, Lynn Kenealy Local Government Specialist IV Local Government Resource Desk AGENDA ITEM #13.C.1. Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 292 of 350 20-CRF-112KIB8412812/30/20$5,792,500.90200005383087031002086991002CFDA 21.019AGENDA ITEM #13.C.1.Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 293 of 350 Sandra Moller, Division Director6/11/2020Neil Steininger, OMB Director6/11/2020AGENDA ITEM #13.C.1.Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 294 of 350 $4,836,892.90$5,792,500.90AGENDA ITEM #13.C.1.Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 295 of 350 AGENDA ITEM #13.C.1.Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 296 of 350 AGENDA ITEM #13.C.1.Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 297 of 350 AGENDA ITEM #13.C.1.Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 298 of 350 AGENDA ITEM #13.C.1.Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 299 of 350 AGENDA ITEM #13.C.1.Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 300 of 350 AGENDA ITEM #13.C.1.Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 301 of 350 AGENDA ITEM #13.C.1.Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 302 of 350 AGENDA ITEM #13.C.1.Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 303 of 350 AGENDA ITEM #13.C.1.Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 304 of 350 AGENDA ITEM #13.C.1.Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 305 of 350 AGENDA ITEM #13.C.1.Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 306 of 350 AGENDA ITEM #13.C.1.Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 307 of 350 Attachment C Standard Provisions Article 1. Definition “Department” refers to the Department of Commerce, Community, and Economic Development with the State of Alaska. Article 2. Indemnification It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of the Grant Agreement. The Grantee, its successors and assigns, will protect, save, and hold harmless the Department and the State of Alaska and their authorized agents and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the acts or omissions of the Grantee, its subcontractors, assigns, agents, contractors, licenses, invitees, employees, or any person whomever arising out of or in connection with any acts or activities authorized by this Grant Agreement. The Grantee further agrees to defend the Department and the State of Alaska and their authorized agents and employees in any litigation, including payment of any costs or attorney’s fees for any claims or actions commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of the Department of the State of Alaska or their authorized agents or employees, provided, that if the claims or damages are caused by or result from the concurrent negligence of (a) the Department and the State of Alaska and their agents or employees, and (b) the Grantee, its agents or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee, or Grantee’s agents or employees. Article 3. Legal Authority The Grantee certifies that it possesses legal authority to accept grant funds under the State of Alaska and to execute this Grant Agreement by signing the Grant Agreement document. The Grantee’s relation to the Department and the State of Alaska shall be at all times as an independent Grantee. Article 4. Waivers No conditions or provisions of this Grant Agreement can be waived unless approved by the Department in writing. The Department’s failure to insist upon strict performance of any provision of the Grant Agreement, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such a breach, shall not constitute a waiver of any right under this Grant Agreement. Article 5. Access to Records The Department and duly authorized officials of the State of Alaska shall have full access and the right to examine, excerpt, or transcribe any pertinent documents, papers, records, and books of the Grantee, and of persons or organizations with which the Grantee may contract, involving transactions related to the project and this Grant Agreement. Article 6. Reports The Grantee, at such times and in such forms as the Department may require, shall furnish the Department with such periodic reports as it may request pertaining to the activities undertaken pursuant to this Grant Agreement, including the final close-out report, the costs and obligations incurred in connection therewith, and any other matters covered by this Grant Agreement. AGENDA ITEM #13.C.1. Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 308 of 350 Article 7. Retention of Records The Grantee shall retain financial and other records relating to the performance of this Grant Agreement for a period of six years from the date when the final financial status report is submitted to the Department, or until final resolution of any audit findings, claims, or litigation related to the grant. Article 8. Assignability The Grantee shall not assign any interest in this Grant Agreement and shall not transfer any interest in the same (whether by assignment or novation). Article 9. Financial Management and Accounting The Grantee shall establish and maintain a financial management and accounting system that conforms to generally accepted accounting principles. Article 10. Program Income Program income earned during the award period shall be retained by the Grantee and added to the funds committed to the award and used for the purpose and under the conditions applicable to the use of award funds. Article 11. Amendments and Modifications The Grantee or the Department may request an amendment or modification of this Grant Agreement. However, such amendment or modification shall not take effect until approved, in writing, by the Department and the Grantee. Article 12. Recordkeeping The Grantee agrees to keep such records as the Department may require. Such records will include information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and income. They will also include information pertaining to grant performance and efforts to comply with the provisions of the Grant Agreement. Article 13. Obligations Regarding Third-Party Relationships No permission for subcontracting shall create, between the Department or the State of Alaska and the subcontractor, any contract or any relationship. Any subcontractor that is not the Grantee shall be required by the Grantee to comply with all the provisions of this Grant Agreement. The Grantee shall bind all subcontractors to each and every applicable Grant Agreement provision. Each subcontract for work to be performed with funds granted under this Grant Agreement shall specifically include a provision that the Department and the State of Alaska are not liable for damages or claims from damages arising from any subcontractor’s performance or activities under the terms of the subcontracts. Article 14. Conflict of Interest No officer or employee of the Department; no member, officer, or employee of the Grantee or its designees or agents; no member of the governing body of the jurisdiction in which the Grant is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the Grant during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement. The Grantee shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this provision. AGENDA ITEM #13.C.1. Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 309 of 350 Article 15. Political Activity No portion of the funds provided hereinunder shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. Article 16. Notices The Grantee shall comply with all public notices or notices to individuals required by applicable state and federal laws and shall maintain a record of this compliance. Article 17. Prohibition Against Payment of Bonus or Commission The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval or concurrence under this contract provided, however, that reasonable fees of bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. Article 18. Termination by Mutual Agreement This Grant Agreement may be terminated, in whole or in part, prior to the completion of the Grant period when both parties agree that continuation is not feasible or would not produce beneficial results commensurate with the further expenditure of funds. The Department will determine whether an environmental review of the cancellation is required under State and/or Federal law. The parties must agree on the termination conditions, including effective date and the portion to be terminated. The Grantee shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible. The Department shall make funds available to the Grantee to pay for allowable expenses incurred before the effective date of termination. Article 19. Termination for Cause If the Grantee fails to comply with the terms of this Grant Agreement, or fails to use the grant for only those purposes set forth herein, the Department may take the following actions: A. Suspension – After notice in writing by certified mail to the Grantee, suspend the grant and withhold any further payment or prohibit the Grantee from incurring additional obligations of grant funds, pending corrective action by the Grantee or a decision to terminate. Response must be received within fifteen (15) days of receipt of the written notice. B. Termination – Terminate the grant in whole or in part, at any time before the final grant payment is made. The Department shall promptly notify the Grantee in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Payments made to the Grantee or recoveries by the Department shall be in accordance with the legal rights and liabilities of the parties. Article 20. Withdrawal of Funds In the event funding from the state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant Agreement and prior to normal completion, the Department may terminate the agreement, reduce funding, or re-negotiate subject to those new funding limitations and conditions. A termination under this article shall be implemented under the same conditions as a termination under Article 19 of this Attachment. Article 21. Recovery of Funds In the event of a default or violation of the terms of the Grant Agreement by the Grantee, the Department may institute actions to recover all or part of the Grant funds paid to the Grantee. Repayment by the Grantee of grant funds under this recovery provision shall occur within thirty (30) days of demand. All remedies conferred on the Department by this agreement or any other instrument or agreement are cumulative, not exclusive, and may be exercised concurrently or consecutively at the Department’s option. AGENDA ITEM #13.C.1. Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 310 of 350 Article 22. Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement that is not disposed of by mutual agreement shall be decided by the Department, which shall reduce its decision to writing and mail, or otherwise furnish a copy thereof, to the Grantee. The decision of the Department shall be final and conclusive. This “Disputes” clause does not preclude the consideration of questions of law in connection with the decision provided for in the preceding paragraph provided that nothing in the Grant Agreement shall be construed as making final the decisions of any administrative official, representative, or board on a question of law. Article 23. Jurisdiction This Grant Agreement shall be governed by the laws and statutes of the State of Alaska. The venue of any suit hereunder may be in the Superior Court for the First Judicial District, Juneau, Alaska. Article 24. Ownership of Project/Capital Facilities The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Grant Agreement and, by this grant of funds, does not and will not acquire any ownership interest or title to such property of the Grantee. The Grantee shall assume all liabilities arising from the operation of the Grant and agrees to hold the Department and the State of Alaska harmless from any and all causes of action arising from the operation of the Grant. Article 25. Site Control If the grant project involves the occupancy and use of real property, the Grantee assures that it has the legal right to occupy and use such real property for the purposes of the grant, and further that there is legal access to such property. Article 26. Insurance The Grantee is responsible for obtaining any necessary liability insurance and maintain in force at all times during the performance of this Grant Agreement the insurance policies identified below. All insurance policies shall comply with, and be issued by insurers licensed to transact the business of insurance under Alaska Statute AS 21. The Grantee shall require any contractor hired with Grant funds be licensed, bonded and insured for at least the amount of the project and if appropriate provide and maintain Professional Liability Insurance. A. Workers’ Compensation Insurance for all employees engaged in work under this Grant Agreement, coverage as required by AS 23.30.045, and; where applicable, any other statutory obligations including but not limited to Federal U.S.L. & H. and Jones Act requirements. B. Commercial General Liability Insurance covering all business premises and operations used by the Grantee in the performance of this project and Grant Agreement with coverage limits not less than $300,000 combined single limit per occurrence and annual aggregates where applicable. C. Comprehensive Automobile Liability Insurance covering all vehicles used by the Grantee in the performance of this Grant Agreement with coverage limits not less than $100,000 per person/$300,000 per occurrence bodily injury and $50,000.00 property damage. D. Professional Liability Insurance covering all errors, omissions or negligent acts of the contractor, subcontractor or anyone directly or indirectly employed by them, made in the performance of this Grant Agreement which result in financial loss to the State. Limits required are per the following schedule: Contract Amount Minimum Required Limits Under $100,000 $100,000 per occurrence/annual aggregate Article 27. Subcontracts for Engineering Services In the event that the Grantee subcontracts for engineering services, the Grantee will require that the engineering firm certify that it is authorized to do business in the State of Alaska. AGENDA ITEM #13.C.1. Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 311 of 350 Article 28. Governing law This Grant Agreement is governed by the laws of the State of Alaska. The Grantee shall perform all aspects of this project in compliance with the appropriate laws and regulations. It is the responsibility of the Grantee to ensure that any permits required under this Grant Agreement by the Federal, State, or Local governments have been obtained. Article 29. Budget Flexibility Notwithstanding the provisions of Article 11, Attachment C, the Grantee may revise the project budget in Attachment A without a formal amendment to this agreement. . Article 30. Equal Employment Opportunity (EEO) The Grantee may not discriminate against any employee or applicant for employment because of race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Grantee shall post in a conspicuous place, available to employees and applicants for employment, a notice setting out the provisions of this paragraph. The Grantee shall state, in all solicitations or advertisements for employees to work on Grant funded projects, that it is an equal opportunity employer (EEO) and that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Grantee shall include the provisions of this EEO article in every contract relating to this Grant Agreement and shall require the inclusion of these provisions in every agreement entered into by any of its contractors, so that those provisions will be binding upon each contractor or subcontractor. Article 31. Public Purposes The Grantee agrees that the project to which this Grant Agreement relates shall be dedicated to public purposes for its useful life. The benefits of the project shall be made available without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. If the Grantee is a non-municipal entity and if monies appropriated under this grant constitute the sole or principal funding source for the acquisition of equipment or facilities, the Grantee agrees that in the event a municipal corporation is formed which possesses the power and jurisdiction to provide for such equipment or facilities, the Grantee shall offer, without compensation, to transfer ownership of such equipment or facilities to the municipal corporation. If the Grantee is a non-profit corporation that dissolves, the assets and liabilities from the grant project are to be distributed according to statutory law, AS 10.20.290-10.20.452. Article 32. Operation and Maintenance Throughout the life of the project, the Grantee shall be responsible for the operation and maintenance of any facility, equipment, or other items acquired under this grant. Article 33. Assurance The Grantee shall spend monies awarded under this grant only for the purposes specified in this Grant Agreement. Article 34. Current Prevailing Rates of Wage Certain grant projects are constrained by the provisions of AS 36. PUBLIC CONTRACTS. To the extent that such provisions apply to the project which is the subject of this Grant Agreement, the Grantee shall pay the AGENDA ITEM #13.C.1. Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 312 of 350 current prevailing rates of wage to employees as required by AS 36.05.010. The Grantee also shall require any contractor to pay the current prevailing rates of wage as required by AS 36.05.010. Article 35. Severability If any provision under this Grant Agreement or its application to any person or circumstance is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the contract agreement which can be given effect without the invalid provision. Article 36. Performance The Department’s failure to insist upon the strict performance of any provision of the Grant Agreement or to exercise any right based upon breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any rights under this Grant Agreement. Article 37. Sovereign Immunity If the Grantee is an entity which possesses sovereign immunity, it is a requirement of this grant that the Grantee irrevocably waive its sovereign immunity with respect to state enforcement of this Grant Agreement. The waiver of sovereign immunity, effected by resolution of the entity’s governing body, is herein incorporated into this Grant Agreement. Article 38. Audit Requirements The Grantee must comply, if applicable, with the audit requirements of the Alaska Administrative Code set forth in 2AAC45.010. AUDIT REQUIREMENTS. An entity that expends a cumulative or total, equal to the state single audit threshold during the fiscal year is required to have a state single audit. A copy of the most current 2AAC45.010 adopted regulations is available at the Alaska Department of Administration’s State Single Audit website: http://doa.alaska.gov/dof/ssa/index.html. Current audit compliance supplements and guides specific to programs under AS 37.05.315 Grants to Municipalities, AS 37.05.316 Grants to Named Recipients, and AS 37.05.317 Grants to Unincorporated Communities can be found at http://doa.alaska.gov/dof/ssa/audit_guide.html. Grantee must also comply, if applicable, with the audit requirements established by the U.S. Office of Management and Budget 2 CFR Part 200 Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Federal Awards. These federal audit requirements can be found at: https://www.ecfr.gov/cgi-bin/text-idx?SID=c6b2f053952359ba94470ad3a7c1a975&tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl Article 39. Close-Out The Department will advise the Grantee to initiate close-out procedures when the Department determines, in consultation with the Grantee, that there are no impediments to close-out and that the following criteria have been met or soon will be met: A. All costs to be paid with grant funds have been incurred with the exception of close-out costs and any unsettled third-party claims against the Grantee. Costs are incurred when goods and services are received or contract work is performed. B. The last required performance report has been submitted. The Grantee’s failure to submit a report will not preclude the Department from effecting close-out if it is deemed to be in the State’s interest. Any excess grant amount that may be in the Grantee’s possession shall be returned by the Grantee in the event of the Grantee’s failure to finish or update the report. C. Other responsibilities of the Grantee under this Grant Agreement and any close-out agreement and applicable laws and regulations appear to have been carried out satisfactorily or there is no further State interest in keeping the grant open for the purpose of securing performance. AGENDA ITEM #13.C.1. Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 313 of 350 Article 40. Americans with Disabilities Act The Americans with Disabilities Act (ADA) prohibits discrimination against persons with disabilities. Title I of the ADA prohibits discrimination against persons with disabilities in employment and provides that a reasonable accommodation be provided for applicants and employees. Title II of the Act prohibits public agencies from discriminating against individuals with disabilities in the provision of services, programs, or activities. Reasonable accommodation must be made to ensure or allow access to all services, programs, or activities. This section of the Act includes physical access to public facilities and requires that public entities must, if necessary, make modifications to their facilities to remove physical barriers to ensure access by persons with disabilities. All new construction must also be accessible to persons with disabilities. A public entity’s subgrantees or contractors must also comply with the ADA provisions. Grantees are responsible for assuring their compliance with the ADA. AGENDA ITEM #13.C.1. Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2...Page 314 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2020-01D Amending Ordinance No. FY2020-01, Fiscal Year 2020 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. ORIGINATOR: Dora Cross RECOMMENDATION: Move to advance Ordinance No. FY2020-01D to public hearing on August 20th. DISCUSSION: This ordinance details changes and accounts for additional funding requests that have occurred during the current fiscal year for items or circumstances that were not known or expected during the initial creation of the FY2020 Budget. Funds Funds are accounts established to collect money that must be used for a specific purpose. The following funds are being changed with this budget amendment. • Fund 100 General Fund : o Department 125 Information Technology ($100,000 to Capital Project Fund - CAMA/Collection Software Upgrade) • Fund 220 Building & Grounds: o Department 237 Chiniak School (transfer $75,000 to Capital Project Fund - Chiniak School Water System) • Fund 555 - Kodiak Fisheries Research Center (transfer $110,000 to Capital Projects Fund - Fire Alarm Replacement & Upgrade) Projects: Since most projects cover multiple years, the borough does not create annual budgets for them. Instead, each project budget is created individually when the project itself is created. Throughout the life of a project, funds may be moved into or out of the project due to additions and subtractions to changes to the scope work, expenses that come in over/under original estimates, or funds that remain at the completion of the project. The projects being amended by this budget a mendment are: • Fund 415 - CAMA/Collection Software Upgrade (increasing by $100,000) • Fund 426 - KFRC Fire Alarm Replacement & Upgrade (increasing by $110,000) • Fund 450/455 - Chiniak School Water System (increase by $75,000) • Fund 495/497 - PKIMC redirect funds for the Fire Suppression project and Roof project into new Fire Alarm Replacement and Upgrade project (net change $0) ALTERNATIVES: Not passing this ordinance would mean fund budget expenses may exceed their appropriations and projects may not be started and/or completed. FISCAL IMPACT: See 'Discussion' above. AGENDA ITEM #13.C.2. Ordinance No. FY2020-01D Amending Ordinance No. FY2020-01, Fiscal Year 2...Page 315 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough OTHER INFORMATION: AGENDA ITEM #13.C.2. Ordinance No. FY2020-01D Amending Ordinance No. FY2020-01, Fiscal Year 2...Page 316 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2020-01D 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: August 6, 2020 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2020-01D 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 ORDINANCE NO. FY2020-01, FISCAL YEAR 2020 BUDGET, BY AMENDING BUDGETS TO 11 ACCOUNT FOR VARIOUS REVENUES THAT ARE OVER BUDGET, PROVIDING FOR 12 ADDITIONAL EXPENDITURES AND MOVING FUNDS BETWEEN PROJECTS. 13 14 WHEREAS, staff requests a transfer of $100,000 from the Information Technology department to 15 the Capital Project Fund for the CAMA (computer assisted mass appraisal)/Collection Software 16 Upgrade project; and 17 18 WHEREAS, staff requests a transfer of $75,000 from the Building and Grounds fund to the Capital 19 Project Fund for the Chiniak School Water System project; and 20 21 WHEREAS, staff requests a transfer of $110,000 from the KFRC (Kodiak Fisheries Research 22 Center) Fund to a Capital Project Fund for the Fire Alarm Replacement & Upgrade Project (using 23 lease R&R funds); and 24 25 WHEREAS, staff requests a transfer, within the Capital Project Fund, of $118,000 from the 26 PKIMC (Providence Kodiak Island Medical Center) Roof project to the PKIMC Fire Alarm 27 Replacement & Upgrade project; and 28 29 WHEREAS, staff requests a transfer, within the Capital Project Fund, of $608,000 from the 30 PKIMC Fire Suppression project to the PKIMC Fire Alarm Replacement & Upgrade project; and 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 33 BOROUGH THAT: 34 35 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 36 Kodiak Island Borough Code of Ordinances. 37 38 Section 2: Fund 100 General Fund – Information Technology department will transfer $100,000 39 to Fund 415 Capital Projects – Project #19008 CAMA/Collection Software Upgrade 40 project. 41 42 Section 3: Fund 220 Building & Grounds – Chiniak School department will transfer $75,000 to 43 Fund 455 Capital Projects - #20024 Chiniak School Water project. 44 45 AGENDA ITEM #13.C.2. Ordinance No. FY2020-01D Amending Ordinance No. FY2020-01, Fiscal Year 2...Page 317 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2020-01D Deletion – Red, Strikeout Page 2 of 2 Insertion – Bold, Blue, Underlined Version 1 Section 4: Fund 555 KFRC will transfer $110,000 to Fund 426 Capital Projects - #19004 Fire 46 Alarm Replacement and Upgrade project. 47 48 Section 5: Fund 495/497 Capital Project Fund will transfer $726,000 between projects within the 49 fund: 50 $726,000 to #21000 – PKIMC Fire Alarm Replacement & Upgrade 51 $118,000 from #18002 - PKIMC Roof 52 $608,000 from #18003 – PKIMC Fire Suppression 53 54 Section 6: The amounts listed in sections 2 through 5 of this ordinance are hereby appropriate 55 for the purposes stated 56 57 Effective Date: This ordinance takes effect upon adoption. 58 59 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 60 THIS __________ DAY OF _______________, 2020. 61 62 KODIAK ISLAND BOROUGH ATTEST: 63 64 65 ___________________________ ___________________________ 66 William Roberts, Mayor Alise Rice, Clerk 67 68 VOTES: 69 Ayes: 70 Noes: 71 AGENDA ITEM #13.C.2. Ordinance No. FY2020-01D Amending Ordinance No. FY2020-01, Fiscal Year 2...Page 318 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 – Rural Residential Two District To C – Conservation District (P&Z Case No. 20- 007). ORIGINATOR: Erin Welty RECOMMENDATION: Move to approve Ordinance No. FY2021-15 rezoning Lots 1 and 2, Isthmus Bay with a condition of approval requiring the lot line between Lots 1 and 2 to be modified so that the rezoned lots meet the C - Conservation District 5 acre minimum lot area requirement before the rezone will become effective. DISCUSSION: The intent of the applicant is to establish a lodge-style business occupation on the subject lots. The business would consist of small vacation homes, day -use areas and support facilities such as a spa and recreation/athletic facilities. In addition to the lots described in this application, the applicant owns the two lots north of lot 2 and plans to use all four lots for the business. Isthmus Bay Subdivision Lots 1 & 2 are currently zoned RR2 (Rural Residential Two). Lodges are not permitted under RR2 (Rural Residential Two) which prohibits lodges and lodge-style businesses. Lodges and lodge-style business are permitted in C (Conservation) zoning districts. The rezone of Isthmus Bay Subdivision Lots 1 & 2 from RR2 (Rural Residential Two) to C (Conservation) would allow the applicant to develop and operate a business that is consistent with the development goals outlined in the 2008 Kodiak Island Borough Comprehensive Plan Update and the 1987 Chiniak Comprehensive Plan. The rural residential designation of the Comprehensive Plan provides for large lots and residential development at rural densities. Businesses should be permitted if they can ensure that the rural character of the area is maintained. The RR2 (Rural Residential Two) zoning district requires lots to have a minimum area of 2 acres, C (Conservation) district requires lots to have a minimum area of 5 acres. The minimum area required for C (Conservation) zoned lands is greater than that required by RR2 (Rural Residential Two) zoning, so the minimum lot area requirement of the requested exceed that of the current zoning requirement. It should be noted that Lot 1 does not meet the C (Conservation) zoning district 5 -acre minimum area requirement, but the combined total area of the two lots is 10.39 acres. If the rezone is approved, the applicant would need to modify the lot lines to come into compliance. Rural residential densities would be maintained with the rezone in that RR2 (Rural Residential Two) and C (Conservation) zoning districts only permit single-family dwellings. However, a lodge-style business would increase the transient occupancy with the planned development of small vacation homes, day-use areas and support facilities. Lodging with provisions for no more than six clients are permitted in the C (Conservation) zoning district. More with a conditional use permit, if approved. The increased occupancy would increase the demand on onsite potable water supplies and septic disposal. ALTERNATIVES: Deny the rezone. AGENDA ITEM #13.C.3. Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 – Ru...Page 319 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough FISCAL IMPACT: Allow proposed development on the lot which will increase property value and property tax income. OTHER INFORMATION: None AGENDA ITEM #13.C.3. Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 – Ru...Page 320 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-15 Page 1 of 2 Introduced by: Borough Manager 1 Requested by: P&Z Commission 2 Drafted by: Community Development Department 3 Introduced on: 08/06/2020 4 Public Hearing Date: 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2021-15 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 11 LOTS 1 AND 2, ISTHMUS BAY FROM RR2 – RURAL RESIDENTIAL TWO DISTRICT TO C – 12 CONSERVATION DISTRICT (P&Z CASE NO. 20-007). 13 14 WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning, 15 platting, and land use regulations on an area wide basis pursuant to A.S. Chapter 29.40; and 16 17 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 18 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 19 1968 Comprehensive Plan; and 20 21 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with 22 AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 23 24 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 25 general welfare or good zoning practice requires, the assembly may, by ordinance and after report 26 thereon by the commission and public hearing as required by law, amend, supplement, modify, 27 repeal or otherwise change these regulations and the boundaries of the districts”; and 28 29 WHEREAS, the property owner applied for a rezone of this property from RR2 – Rural 30 Residential Two District to C – Conservation District on June 4, 2020; and 31 32 WHEREAS, at an advertised public hearing, consistent with KIBC 17.205.040, the Planning 33 and Zoning Commission considered the merits of the rezone request on July 15, 2020; and 34 35 WHEREAS, a condition of approval from Rezone Case 20-007 requires the applicant to modify 36 lot lines so that rezoned lots meet the C – Conservation District 5-acres minimum lot area 37 requirement; and 38 39 WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly 40 that the site be rezoned from RR2 – Rural Residential Two District to C – Conservation District 41 finding that the public necessity, convenience, general welfare, and good zoning practice would 42 be enhanced by such action. 43 44 AGENDA ITEM #13.C.3. Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 – Ru...Page 321 of 350 Kodiak Island Borough, Alaska Ordinance No. FY2021-15 Page 2 of 2 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 45 BOROUGH THAT: 46 47 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 48 Kodiak Island Borough Code of Ordinances. 49 50 Section 2: Lots 1 and 2, Isthmus Bay Subdivision, are hereby rezoned from RR2 – Rural 51 Residential Two District to C – Conservation District. 52 53 Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in 54 support of their approval of this rezone. 55 1. Lodge-type businesses are prohibited in RR2 - Rural Residential Two 56 Zoning District. 57 2. The rezone would be consistent with the objectives of the comprehensive 58 plan. 59 3. The requested zoning district, C – Conservation, requires a minimum lot 60 area of 5 acres. The area of Lot 1 is 4.47 acres. 61 62 Effective Date: This ordinance takes effect upon satisfaction of the condition of approval. 63 64 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 65 THIS __________ DAY OF _______________, 2020. 66 67 68 KODIAK ISLAND BOROUGH ATTEST: 69 70 ___________________________ ___________________________ 71 William Roberts, Mayor Alise L. Rice, Borough Clerk 72 73 VOTES: 74 Ayes: 75 Noes: 76 AGENDA ITEM #13.C.3. Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 – Ru...Page 322 of 350 Kodiak Island Borough Zoning Map µ Current Zoning: RR2 Request: A rezone, per KIBC 17.205, of Lots 1 and 2, Isthmus Bay, from RR2 - Rural Residential Two to C- Conservation. Zoning Legend Public Use LandsWatershedConservation Rural Residential Rural Residential 1Rural Residential 2Single Family Residential Two Family Residential Multi Family ResidentialBusinessRetail Business Industrial Light IndustrialRural Neighborhood CommercialUrban Neighborhood Commercial Natural Use Ch i n i a k H i g hway Legend Subject Parcels Kodiak Island Borough GIShttp://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways Case No.: 20-007 Applicant: Brenda & Jerrol Friend AGENDA ITEM #13.C.3. Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 – Ru...Page 323 of 350 LT1 LT2 Chini a k Hi g h w a y Public Hearing Notice µ0 2,100 4,2001,050 Feet Case: 20-007Location: Isthmus Bay, ChiniakApplicant: Brenda and Jerrol Friend Request A rezone, per KIBC 17.205, of Lots 1 and 2, Isthmus Bay, from RR2 - Rural Residential Two to C - Conservation Subject Parcel Notified Parcels Unconstructed ROW 710 Mill Bay Road | Kodiak, AK 99615 | 907-486-9363 This map is provided for informational purposes only and is not intended for any legal representations. Kodiak Island Borough Community Development Department July 15, 2020 P&Z Regular Meeting Case 20-001 AGENDA ITEM #13.C.3. Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 – Ru...Page 324 of 350 July 15, 2020 P&Z Regular Meeting Case 20-001AGENDA ITEM #13.C.3.Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 – Ru...Page 325 of 350 July 15, 2020 P&Z Regular Meeting Case 20-001AGENDA ITEM #13.C.3.Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 – Ru...Page 326 of 350 July 15, 2020 P&Z Regular Meeting Case 20-001AGENDA ITEM #13.C.3.Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 – Ru...Page 327 of 350 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item Case 20-007 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 15, 2020 for the request described in this notice. The public hearing will take place as part of the regular meeting of the Kodiak Island Borough Planning and Zoning Commission. The regular meeting will begin at 6:30 p.m. in the Borough Assembly Chambers located at 710 Mill Bay Road, Kodiak, Alaska. The Planning and Zoning Commission will hear comments, if any, on this request at that time. CASE: 20-007 APPLICANT: Brenda & Jerrol Friend REQUEST: A rezone, per KIBC 17.205, of Lots 1 and 2, Isthmus Bay from RR2 – Rural Residential Two to C – Conservation LOCATION: 37961 & 38051 Chiniak Hwy ZONING: RR2 – Rural Residential Two This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 3 pm on the day of the scheduled hearing to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to pzcomments@kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-855-492-9202. One week prior to the regular meeting, on Wednesday, July 8, 2020, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486- 9363. Your Name: Mailing Address: Your property description: Comments: July 15, 2020 P&Z Regular Meeting Case 20-001 AGENDA ITEM #13.C.3. Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 – Ru...Page 328 of 350 FIRST_NAME LAST_NAME MAIL_LINE_MAIL_CITY MAIL_STATE MAIL_ZIP JERROLL & BRENDA FRIEND 1950 MILL BAY RD KODIAK AK 99615 ISAAC SARGENT PO BOX 8821 KODIAK AK 99615 BRENT MCCORMICK P.O. BOX 5506 CHINIAK AK 99615 ETTA K CARROLL NELSON 719 COTTONWOOD CIRKODIAK AK 99615 DALE RICE LIVING TRUST 10746 BELLS FLATS RD KODIAK AK 99615 JENNIFER NEWBY 1231 MILL BAY ROAD KODIAK AK 99615 JEFFREY RANDALL 2517 KINGS GATE LN MT PLEASEANT SC 29466 BRENT MCCORMICK PO BOX 5506 CHINIAK AK 99615 JOHN SEVIER PO BOX 191002 ANCHORAGE AK 99519 ERNEST SCHEIDLER ETAL PO BOX 8371 KODIAK AK 99615 DAVID ODELL PO BOX 5589 CHINIAK AK 99615 ANTHONY WALKER PO BOX 9004 KODIAK AK 99615 GRANT WALKER 1721 MISSION RD KODIAK AK 99615 MARK & ALICE JAMISON PO BOX 5615 KODIAK AK 99615 DAVID H HECKER ETAL PO BOX 5502 CHINIAK AK 99615 RICHARD P CASSAR PO BOX 290 MOLALLA OR 97038 PARKER DAVIS 202 MAIN ST #4 LONGMONT CO 80501 LAWRENCE MALLOY 315 UPPER MILL BAY R KODIAK AK 99615 KENNETH D DAWS 417 MAPLE AVE KODIAK AK 99615 LEISNOI INC 561 E 36TH AVE STE 12 ANCHORAGE AK 99503 AGENDA ITEM #13.C.3.Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 – Ru...Page 329 of 350 AGENDA ITEM #13.C.3.Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 – Ru...Page 330 of 350 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT REPORT DATE: July 2, 2020 TO: Planning and Zoning Commission FROM: Community Development Department CASE NO: 20-007 REQUEST: Rezone from RR2 – Rural Residential Two to C–Conservation RECOMMENDATION: Staff recommends the commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval, subject to conditions of approval. APPLICANT: Brenda & Jerrol Friend AGENT: n/a LOCATION: 37961 Chiniak Highway LEGAL: Isthmus Bay Subdivision Lots 1 & 2 LOT SIZE: Lot 1 = 4.47 Acres Lot 2 = 5.92 Acres Total = 10.39 Acres CURRENT USE: Lot 1 = Vacant Lot 2 = Vacant CURRENT ZONING: RR2 – Rural Residential Two (KIBC 17.60) PROPOSED ZONING: C–Conservation (KIBC 17.50) SITE VISIT: None NOTICE: The community development department sent a public hearing notice to each owner of property within 1,500 feet from the exterior boundary of the land described in the application. (KIBC 17.195.040). A total of twenty (20) public hearing notices were mailed on June 12, 2020. As of the date of this report, no comments have been received for this case. Zero (0) public comments were returned as of the data this report was prepared. SUMMARY OF REZONE REQUEST The intent of the applicant is to establish a lodge-style business occupation on the subject lots. The business would consist of small vacation homes, day-use areas and support facilities such as a spa and recreation/athletic facilities. In addition to the lots described in this application, the applicant owns the two lots north of lot 2 and plans to use all four lots for the business. Isthmus Bay Subdivision Lots 1 & 2 are currently zoned RR2 – Rural Residential Two. Lodges are not permitted under RR2 – Rural Residential Two which prohibits lodges and lodge-style businesses. Lodges and lodge-style business are permitted in C – Conservation zoning district. July 15, 2020 P&Z Regular Meeting Case 20-001 AGENDA ITEM #13.C.3. Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 – Ru...Page 331 of 350 COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION The two lots described in this application have a rural residential future land use designation per the 2008 Kodiak Island Borough Comprehensive Plan. SUMMARY OF SURROUNDING LAND North East South West Land Use Lot 1: Vacant Lot 2 Single-family residence, Vacant Single-family residence Lot 2: Single-family residence Vacant Vacant Lot 1 Zoning Lot 1: C - Conservation Lot 2 RR2 - Rural Residential Two RR1 – Rural Residential One Lot 2: C - Conservation C - Conservation RR2 - Rural Residential Two Lot 1 Comp Plan Lot 1: Conservation Lot 2 Rural Residential Rural Residential Lot 2: Rural Mixed Use Commercial Residential Conservation Rural Residential Lot 1 APPLICABLE ZONING 17.60.010 RR2 – Rural Residential Two District description and intent. The RR2 rural residential two zoning district is established as a land use district for large lot, low-density, residential and general agricultural purposes. For the rural residential two district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the continued use of land for low-density residential and general agricultural purposes; B. To prohibit commercial and industrial land uses; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; and D. To discourage land uses which, because of their character or size, would create unusual requirements and costs for public services. 17.50.010 C – Conservation District description and intent. The C conservation zoning district is established for the purpose of maintaining open space areas while providing for single-family residential, and limited commercial land uses. For the conservation district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the use of land for single-family residential and limited commercial purposes; B. To encourage the continued use of land for open space areas; and C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter. July 15, 2020 P&Z Regular Meeting Case 20-001 AGENDA ITEM #13.C.3. Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 – Ru...Page 332 of 350 APPLICABLE KODIAK ISLAND BOROUGH COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATIONS Rural Residential. This designation allows for residential development at rural densities where municipal water and sewer treatment facilities are not available. Such development must occur on larger lots and would include uses allowable in the RR, RR1 and RR2 zones. Conservation. This designation corresponds to the zoning designation of the same name and allows for a variety of natural resource extractive uses (timber harvest, mining and farming) as well as low-density residential use and other uses such as lodges. APPLICABLE 1987 CHINIAK COMPREHENSIVE PLAN GOALS Chiniak Comprehensive Plan Residential Land Use Goal: 1. To retain the rural, large lot, residential character of the community Chiniak Comprehensive Plan Development Land Use Goals: 1. To encourage economic enterprises and land uses that are compatible with present and future residential land use areas 2. To encourage business development in selected areas 3. To encourage home occupations/cottage industries that do not have negative impacts on the residential character of the area APPLICABLE REGULATIONS 17.10.020 Reference and use (Comprehensive Plan). In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.205.010 Authority (Amendments and changes). Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. 17.205.020 Report from planning and zoning commission (Amendments and changes). The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. 17.205.055 Submission to assembly (Amendments and changes). A. Within 30 days after the commission has acted favorably upon a proposed zoning change in accordance with the above provisions; a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. July 15, 2020 P&Z Regular Meeting Case 20-001 AGENDA ITEM #13.C.3. Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 – Ru...Page 333 of 350 B. If the commission recommends denial of any proposed amendment; its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission’s action be taken up by the assembly. STAFF ANALYSIS AND RECOMMENDATION STAFF ANALYSIS The rezone of Isthmus Bay Subdivision Lots 1 & 2 from RR2 – Rural Residential to C – Conservation would allow the applicant to develop and operate a business that is consistent with the development goals outlined in the 2008 Kodiak Island Borough Comprehensive Plan Update and the 1987 Chiniak Comprehensive Plan. The rural residential designation of the Comprehensive Plan provides for large lots and residential development at rural densities. Businesses should be permitted if they can ensure that the rural character of the area is maintained. The RR2 – Rural Residential zoning district requires lots to have a minimum area of 2 acres, C – Conservation district requires lots to have a minimum area of 5 acres. The minimum area required for C – Conservation zoned lands is greater than that required by RR2 – Rural Residential zoning, so the minimum lot area requirement of the requested exceed that of the current zoning requirement. It should be noted that Lot 1 does not meet the C – Conservation zoning district 5-acre minimum area requirement, but the combined total area of the two lots is 10.39 acres. If the rezone is approved, the applicant would need to modify the lot lines to come into compliance. Rural residential densities would be maintained with the rezone in that RR2 – Rural Residential and C – Conservation zoning districts only permit single-family dwellings. However, a lodge-style business would increase the transient occupancy with the planned development of small vacation homes, day-use areas and support facilities. Lodging with provisions for no more than six clients are permitted in the C – Conservation zoning district. More with a conditional use permit, if approved. The increased occupancy would increase the demand on onsite potable water supplies and septic disposal. RECOMMENDATION Staff recommends the commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval, subject to conditions of approval. CONDITIONS OF APPROVAL 1. Modify lot lines so that rezoned lots meet the C – Conservation District 5-acre minimum lot area requirement. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Assembly approve the rezoning of Isthmus Bay Subdivision Lots 1 & 2 from RR2 – Rural Residential Two to C – Conservation, subject to conditions of approval and to adopt the Findings of Fact found in the staff report dated July 2, 2020 in support of this recommendation. July 15, 2020 P&Z Regular Meeting Case 20-001 AGENDA ITEM #13.C.3. Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 – Ru...Page 334 of 350 FINDINGS OF FACT 1. Lodge-type businesses are prohibited in RR2 – Rural Residential Zoning District. 2. The rezone would be consistent with the objectives of the comprehensive plan. 3. The requested zoning district, C – Conservation, requires a minimum lot area of 5 acres. The area of Lot 1 is 4.47 acres. July 15, 2020 P&Z Regular Meeting Case 20-001 AGENDA ITEM #13.C.3. Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 – Ru...Page 335 of 350 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Acceptance Of Proposal To Prepare A Kodiak Island Borough Economic Profile And Pandemic Impact Analysis With Authorization For The Borough Manager To Execute Agreements. ORIGINATOR: Michael Powers RECOMMENDATION: It is recommended that the Assembly accept the proposal, in the amount of $49,000 to prepare a Kodiak Island Borough Economic Profile and Pandemic Impact Analysis as proposed by the McDowell Group. Authorization should also include approval for the Borough Manager to execute agreements. DISCUSSION: The Covid-19 pandemic has significant economic impact within the Kodiak Island Borough. The Borough, in conjunction with the City, had previously had the McDowell Group to analyze the economic impact of fisheries on Kodiak. The proposal will build upon that analysis with an update as well as examining other aspects of the Kodiak Economy to better understand the economic impacts of Covid-19 upon Kodiak. ALTERNATIVES: Decline to accept the proposal. FISCAL IMPACT: The proposed cost is $49,000. CARES funding allocated to the Borough will be used to pay for the analysis. OTHER INFORMATION: None. AGENDA ITEM #13.D.1. Acceptance Of Proposal To Prepare A Kodiak Island Borough Economic Profi...Page 336 of 350 9360 Glacier Highway, Suite 201 • Juneau, Alaska 99801 • Telephone 907.586.6126 www.mcdowellgroup.net July 24, 2020 Michael Powers Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Sent via email to: mpowers@kodiakak.us Dear Mr. Powers: McDowell Group is pleased to submit this professional services proposal to prepare a Kodiak Island Borough Economic Profile and Pandemic Impact Analysis. Our proposed scope of work, timeline, and budget are outlined below. Proposed Scope of Work Our proposed scope of work includes the following primary tasks: • Update key portions of our 2016 “Economic Impact of the Seafood Industry on the Kodiak Island Borough.” Resource and market conditions in Alaska’s seafood industry have changed significantly over the past few years, prior to the pandemic. We will update harvest, production, and other Kodiak-specific data through 2019 (or as current as available data allows), and also update our economic impact modeling to reflect the new data. • Profile the economic impact of the visitor industry in Kodiak. The industry is an important part of the local economy, but its economic impact has never been quantified. Special analysis of the industry’s economic impact is required, as routinely published data from state and federal sources do not provide employment and wages specific to tourism. We will gather and analyze data from the Alaska Visitors Statistics Program (AVSP), U.S. Department of Transportation Bureau of Transportation Statistics, Alaska Department of Labor and Workforce Development, Alaska Marine Highway System, and other sources to support our economic impact analysis. We will also conduct interviews with key local participants in the visitor industry. The analysis will capture all the direct, indirect, and induced economic impacts (i.e., multiplier effects) associated with the visitor industry in Kodiak, including employment, income, and revenues to local government. • Prepare a comprehensive Kodiak Island Borough economic profile. With an updated seafood industry impact assessment completed, along with an original analysis of the visitor industry’s economic impact, we will prepare a detailed profile of the local economy. The profile will include all basic and support sectors in the local economy, measured in terms of employment, income, and other impacts specific to each sector. For each key sector we will identify recent trends and factors affecting growth. The profile will be based on AGENDA ITEM #13.D.1. Acceptance Of Proposal To Prepare A Kodiak Island Borough Economic Profi...Page 337 of 350 Professional Services Proposal McDowell Group, Inc. Page 2 2018 and 2019 data (as well as additional historical data), providing the pre-pandemic baseline necessary for analysis of pandemic impacts. • Assess the pandemic’s economic effects in Kodiak. We will conduct a sector-by-sector analysis of the economic impact of the coronavirus pandemic. While all sectors of the Kodiak economy have been affected by the pandemic, emphasis will be placed on those sectors most directly and deeply impacted, including the visitor and seafood industries, the food service and retail sectors, personal services, and local government. The analysis will be tailored to each sector. For example, the seafood industry analysis will include pandemic impacts on harvest and production values, production costs, tax revenues, and other factors. • Assess the outlook for the Kodiak economy. We will consider three aspects of economic recovery. One is the condition of each key sector prior to the pandemic, whether trending up, down, or stable. The second element is the intensity of damage done by the pandemic. Job loss has occurred across the economy, but some sectors have been hit much harder than others. The third element, closely related to the first two, is how well each sector is positioned to emerge from the pandemic-induced recession. Our goal will be to identify the key internal and external factors affecting recovery in each sector and provide a basis for economic recovery planning. Our analysis will focus on recovery as it unfolds over the next few years. We look forward to working with the Borough and other interested stakeholders to refine the scope of work and identify deliverables that best meet your needs. Budget and Timeline The professional services budget for the scope of work outlined above is $49,000. We do not expect to incur any additional expenses. If in-person public meetings resume within the time frame of this study, we would be happy to travel to Kodiak to present the results of our research and analysis. Travel expenses would be billed separately and at cost. We will launch the project immediately upon notice to proceed and deliver a draft report by early November with a final report submitted early December. We will provide regular progress reports as the work is conducted. McDowell Group Qualifications In business since 1972, McDowell Group is Alaska's most experienced multidisciplinary research and consulting firm. We conduct economic impact and cost-benefit analyses, market research, business feasibility studies, survey research, economic development planning, needs assessments, and program evaluations. With a staff of 20 professionals, the firm serves a broad range of clients in Alaska and elsewhere in North America. Over the past 48 years, we have conducted approximately 2,000 research and consulting assignments for 350 private and public- sector clients. McDowell Group has core research and analysis strengths in the commercial fishing and seafood processing industries. Our seafood industry experience includes over 300 projects for local, state, and federal government agencies, Alaska Native corporate and tribal organizations, commercial fishing associations, seafood processing AGENDA ITEM #13.D.1. Acceptance Of Proposal To Prepare A Kodiak Island Borough Economic Profi...Page 338 of 350 Professional Services Proposal McDowell Group, Inc. Page 3 companies, and other for-profit businesses. Market analyses, business planning, and economic analyses of the state’s seafood industry comprise the bulk of our seafood-related work. Under contract to the Alaska Seafood Marketing Institute (ASMI), McDowell Group has served as the State of Alaska’s seafood industry research contractor for 19 years, studying all aspects of international and domestic market supply and demand for a broad range of seafood products. In addition, we have completed two major research projects for the National Marine Fisheries Service, which we prepared detailed wholesale market profiles for 16 different Alaska groundfish and crab species. Major statewide and regional seafood industry economic impact studies conducted by McDowell Group include 2013, 2015, 2017, and 2019 editions of the Economic Value of the Alaska Seafood Industry (prepared for ASMI). In addition to our 2016 Kodiak seafood industry study, we prepared the 2015 Economic Impact of the Seafood Industry in Southcentral Alaska. In May 2018, we completed a study of the Economic Impact of Inshore Seafood Processing in the Bering Sea/Aleutian Islands Region. Our work in 2018 also included a comprehensive assessment of the economic impacts of Alaska’s salmon hatcheries, including regional and statewide analyses. Our work in 2019 included an assessment of the economic Impact of the 2019 Pacific Salmon Treaty. McDowell Group has a long history of studying Alaska’s tourism sector, including over a dozen studies of the economic impact of the visitor industry. We have also conducted several economic impact studies specific to Alaska’s cruise sector, as well as reports on the economic impacts of visitors in various communities/regions: Southeast Alaska, Kenai Peninsula, Juneau, Ketchikan, Sitka, Hoonah, Haines, and Mat-Su Borough, among others. We have a long history of research and consulting related to business and economic conditions in Kodiak. Much of our work is related to the seafood industry, but we also have an extensive resume of feasibility studies, market assessments, planning studies, survey research, and other projects for public and private sector clients in Kodiak. We are closely engaged in tracking the economic impacts of COVID-19 in Alaska. We are under contract with ASMI to track impacts in the seafood industry. We have continually monitored pandemic impacts on Alaska’s tourism economy: tracking cruise ship cancellations, U.S. traveler sentiment, unemployment rates, government assistance programs, tourism business closures, and more. We are assisting local governments and economic development organizations with tracking, predicting, and mitigating the economic effects of the pandemic. We will use this background as the foundation for our work in Kodiak. We appreciate this opportunity to offer our professional services to Kodiak Island Borough. Please call if you have any questions about our firm or this proposal. We look forward to working with you on this important project. Sincerely, Jim Calvin Senior Vice President AGENDA ITEM #13.D.1. 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Local number is (907) 486-3231; Toll Free is 1-855-492-9202. 1. 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 member Symmons who is absent due to a work related matter. LLe7LCM!Wel t4[erM1161LGPI 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. * Regular Meeting Minutes of July 16, 2020. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION 5. APPROVAL OF MINUTES * Regular Meeting Minutes of July 16, 2020 6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. Sign in 2. State their name for the record 3. Turn on the microphone before speaking 4. Address all remarks to the Assembly as a body and not to any member thereof Kodiak Island Borough Assembly Guidelines August 6, 2020 Page 1 VCPLEASE ANNOUNCE THAT: THIS IS FOR GENERAL COMMENTS ONLY AND COMMENTS FOR: Ordinance No.'s FY2021-03, FY2021-04, FY2021-05, FY2021-06, FY2021-07, FY2021-08, FY2021-09, FY2021-12, And FY2021-13 Will Be Taken Under Public Hearing. T. AWARDS AND PRESENTATIONS A. Chief Rue II - Year End Report B. Assessing, Process of Exemptions - Seema Garoutte 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2021-03 Determining The Disposition Of Tax Year 2010 Foreclosed Property KIBIHardy Hofstad Etal And Establishing Intention To Surplus And Sell Said Property By Finding That A Public Need Does Not Exist For the Property And Authorizing The Property For Immediate Disposal. Recommended Motion: Move to adopt Ordinance No. FY2021-03, Staff Report — Manager Powers Open Public Hearing Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202 Please ask speakers to: ' 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 Close public hearing Assembly discussion ROLL CALL VOTE ON THE MOTION B. Ordinance No. FY2021-04 Determining The Disposition Of Tax Year 2012 Foreclosed Properties KIBIMarjorie Anderson, and KIBIAlfred Hansen Jr. And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. Recommended Motion: Move to adopt Ordinance No. FY2021-04. Staff Report — Manager Powers Kodiak Island Borough Assembly Guidelines August 6, 2020 Page 2 Open Public Hearing Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202 '�Lo_ 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 Close public hearing Assembly discussion ROLL CALL VOTE ON THE MOTION C. Ordinance No. FY2021-05 Determining The Disposition Of Tax Year 2014 Foreclosed Properties KIBIEdwina Mae Anderson, And KIBICharles F. Lorenson, Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. Recommended Motion: Move to adopt Ordinance No. FY2021-05. Staff Report —Manager Powers Open public Hearing Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202 Please ask speakers to: 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 Close public hearing. Assembly discussion. ROLL CALL VOTE ON THE MOTION D. Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 Foreclosed Properties KIB/ Joseph David Henderson Etal, (Two Properties) KIBIJoan Denise Lucas, KIBILydia Tania -Bird Malutin, And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. Recommended Motion: Move to adopt Ordinance No. FY2021-06. Kodiak Island Borough Assembly Guidelines August 6, 2020 Page 3 Staff Report — Manager Powers Open public Hearing Read prone number: Local is 486-3231; Toll Free is 1-855-492-9202 " L 00Please 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 Close public hearing Assembly discussion ROLL CALL VOTE ON THE MOTION E. Ordinance No. FY2021-07 Determining The Disposition Of Tax Year 2015 Foreclosed Property KIBIAda L. And Susan K. Panamarioff, And Establishing Intention To Surplus And Sell Said Property By Finding That A Public Need Does Not Exist For The Property And Authorizing The Property For Immediate Disposal. Recommended Motion: Move to adopt Ordinance No. FY2021-07. Staff Report — Manager Powers Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202 LPlease 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 to the Assembly as a body and not to any member thereof Close public hearing Assembly discussion ROLL CALL VOTE ON THE MOTION F. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 Foreclosed Properties KIBIJames Clifford Cole Trust, KIBIKimberly Edman, KIBI Dale Stratton, And KIBIJohn Wick (Two Properties) And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. Recommended Motion: Move to adopt Ordinance No. FY2021-08. Staff Report — Manager Powers Kodiak Island Borough Assembly Guidelines August 6, 2020 Page 4 Open public hearing Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202 j_ 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 to the Assembly as a body and not to any member thereof Close public hearing Assembly discussion ROLL CALL VOTE ON THE MOTION G. Ordinance No. FY2021-09 Determining The Disposition Of Tax Year 2017 Foreclosed Properties KIBIRonald Eads And KIBICharles Nellist And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. Recommended Motion: Move to adopt Ordinance No. FY2021-09. Staff Report - Manager Powers Open public hearing Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202 Please ask speakers to: ' 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 to the Assembly as a body and not to any member thereof Close public hearing Assembly discussion ROLL CALL VOTE ON THE MOTION H. Ordinance No. FY2021-12 Of The Assembly Of The Kodiak Island Borough Amending KIBC Title 3 Revenue And Finance, Chapter 3.80 Excise Tax On Cigarettes And Tobacco Products Section .020 Definitions and Section .030 Excise Tax On Cigarettes And Tobacco Products. Recommended Motion: Move to adopt Ordinance No. FY2021-12. Staff Report - Manager Powers Kodiak Island Borough Assembly Guidelines August 6, 2020 Page 5 Open public hearing Read phone number: local is 486-3231; Toll Free is 1-855-492-9202 "k_ 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 to the Assembly as a body and not to any member thereof Close public hearing Assembly discussion ROLL CALL VOTE ON THE MOTION (.Ordinance No. FY2021-13 Adding A Ballot Proposition At The Next Regular Municipal Election To Be Held On October 6, 2020. Recommended Motion: Move to adopt Ordinance No. FY2021-13. Staff Report — Manager Powers Open public hearing Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202 0 Please ask speakers to: 1. Sign in 4 ' 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 to the Assembly as a body and not to any member thereof Close public hearing Assembly discussion ROLL CALL VOTE ON THE MOTION 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Ordinance No. FY2021-14 Assembly Of The Kodiak Island Borough Appropriating $---- For Purposes Of Advocating In Favor Of A Ballot Proposition At The October 6, 2020 Regular Municipal Election. Clerk's Note: Motion is on the floor to move Ordinance No. FY2021-14 to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Assembly Guidelines August 6, 2020 Page 6 Assembly discussion. ROLL CALL VOTE ON THE MOTION 13. NEW BUSINESS A. Contracts 1. Contract No. FY2021-05 Providence Kodiak Island Medical Center & Baler Building Fuel Tank Installation. Recommended Motion: Move to authorize the Borough Manager to execute Contract No. FY2021-05 with Scott's Heating and Plumbing Service, Inc. for the Providence Kodiak Island Medical Center & Baler Building Fuel Tank Installation project in an amount not to exceed $187,500. Staff Report -- Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION 2. Change Order No.10 Amending Contract No. FY2019-10 Architectural And Engineering Services Term Contract For Design For The Kodiak Fisheries Research Center Fume Hood Exhaust System Project. Recommended Motion: Move to authorize the Borough Manager to execute Change Order No. 10 amending Contract No. FY2019-10 with Jensen Yorba Wall, Inc. for Architectural and Engineering Services Term Contract in an amount not to exceed $14,915. Staff Report — Manager Powers Assembly discussion ROLL CALL VOTE ON THE MOTION B. Resolutions 1. Resolution No. FY2021-08 Alaska Department Of Public Safety, Coronavirus Emergency Supplemental Funds For Local Public Safety Agency Grant. Recommended Motion: Move to authorize the Borough Manager to accept the Alaska Department of Public Safety, Coronavirus Emergency Supplemental Funds for Local Public Safety Agency Grant in the amount of $1,500 for the Womens Bay Volunteer Fire Department. Staff Report — Manager Powers Assembly discussion ROLL CALL VOTE ON THE MOTION Kodiak Island Borough Assembly Guidelines August 6, 2020 Page 7 2. Resolution No. FY2021-11 Establishing By Mail Precincts. Recommended Motion: Move to adopt Resolution No. FY2021-11. Staff Report — Manager Powers Assembly discussion ROLL CALL VOTE ON THE MOTION 3. Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Revenue Bond To Refund All Or A Portion Of The Principal Installments Of The Outstanding Long -Term Care Center Revenue Bond, Series 2013 (Providence Kodiak Island Medical Center), Of The Borough And To Pay Costs Of Issuing The Bond; Fixing Certain Details Of Such Bond; Authorizing Its Sale; Providing For Related Matters; And Repealing Resolution No. FY2020-07. Recommended Motion: Move to adopt resolution FY2021-13. Staff Report — Manager Powers Assembly discussion ROLL CALL VOTE ON THE MOTION C. Ordinances for Introduction 1. Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2021 Budget, By Amending Budgets To Account For Federal CARES (Coronavirus Aid, Relief, And Economic Security) Act Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. Recommended Motion: Move to advance Ordinance FY2021-01C to public hearing at the next regular meeting of the assembly on August 20, 2020. Staff Report — Manager Powers Assembly discussion ROLL CALL VOTE ON THE MOTION 2. Ordinance No. FY2020-01D Amending Ordinance No. FY2020-01, Fiscal Year 2020 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. Recommended Motion: Move to advance Ordinance No. FY2021-01 D to public hearing at the next regular meeting of the assembly on August 20, 2020. Staff Report — Manager Powers Kodiak Island Borough Assembly Guidelines August 6, 2020 Page 8 Assembly discussion ROLL CALL VOTE ON THE MOTION 3. Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 — Rural Residential Two District To C — Conservation District (P&Z Case No. 20-007. Recommended Motion: Move to advance Ordinance No. FY2021-15 to public hearing at the next regular meeting of the assembly on August 20, 2020. Staff Report — Manager Powers Assembly discussion ROLL CALL VOTE ON THE MOTION D. Other Items 1. Acceptance Of Proposal To Prepare A Kodiak Island Borough Economic Profile And Pandemic Impact Analysis With Authorization For The Borough Manager To Execute Agreements. Recommended Motion: Move to accept the proposal, in the amount of $49,000 to prepare a Kodiak Island Borough Economic Profile and Pandemic Impact Analysis as proposed by the McDowell Group. Authorization should also include approval for the Borough Manager to execute agreements. Staff Report — Manager Powers Assembly discussion M1, 601617,L] 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 L0,; n 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 August 6, 2020 Page 9 Announcements: • Declaration of Candidacy for the Assembly, School Board and Service Area Boards opened on Monday. You can download the application on our website or pick one up at the Clerk's Office. Declaration deadline is August 17, at 4:30 p.m. • Absentee In Person Voting for the State Primary has begun. You can vote here in the Assembly Chambers untill August 17 from 10 - 4. • The next Work Session of the Assembly is scheduled for Thursday August 13, 2020 at 6:30 p.m. in the School District Conference Room. • The next Regular Meeting of the Assembly is scheduled for Thursday, August 20, 2020 at 6:30 p.m. in the Borough Chambers. 16. EXECUTIVE SESSION None. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION. KIBC 2.30.030 A.... Meetings shall adjourn at 90.30 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 19 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 August 6, 2020 Page 10 Kavanaugh amendment to Memorandum of Understanding 3. Responsibilities and Obligations of the Parties ej The City shall maintain inactive records in a storage facility. f) The City Information Systems staff shall implement and provide ongoing support of the approved records management applications supporting the EOC records management program. gj Both the City and Borough staff will &h. -4 -be designated the pF*F .aF y e f: fiE*al to receive EOC public records requests. Borough CARES USES Personnel EOC and staffing $ 490,000.00 receptionist $ 41,000.00 Required Leave $ 138,600.00 Potential 2 week closure $ 210,000.00 Per incident $ 879,600.00 PPE $ 96,500.00 Building improvements $ 185,000.00 Contingency $ 35,000.00 $ 1,196,100.00 CARES Nonprofit Grant Subcommittee Version 2 DRAFT Recommendations: Following the "Guidance for State, Territorial, Local, and Tribal governments" (6/30/2020) Utilize the 3 basic criteria: 1.Costs are necessary expenditures incurred due to COVID -19 public health emergency 2. Costs were not accounted for in the budget most recently approved; as of March 27,2020 3.Costs were/will be incurred Between March 1 -Dec 30,2020 The Sub Committee notes that the above mentioned "Guidance" A) allows for expenditures incurred to respond to second -order effects of the declared emergency such as providing economic support for individuals suffering from employment or business interruptions. B) requires that the funds are utilized when the recipient has expended funds that covers costs of performance or delivery that has occurred and that the services and goods are expected prior to the Dec 30,2020 deadline. Further Recommendations: The Assembly consider limiting disbursement to costs incurred from March 1,2020 to June 30, 2020 Allow for an Administration cost of up to 5% Determine the applicant ineligible if it does _not _otherwise meet the CARES Act eligibility criteria Require a full report of costs and expenses due no later than March 30,202 1. tadjusted to Sept 30,2020 or similar if the Assembly- chases to further limit the deadline parameters) After initial review, the remaining applicants be requested to provide the following: 1.If the organization is a 501-3C 2.If it is registered with the State of Alaska 3.Description of where and to whom the services are provided (if not already in the request) 4.A copy of the current and most recent past budget S.If the organization has received any other financial aid related to the COVID - 19 crisis. If yes, explain the source and application of funds. The Sub Committee found the "Guidance for State, Territorial, Local, and Tribal Governments" as well as the "Frequently asked questions" documents, to be helpful, and suggests that the direct links be provided to the Assembly. In the "Coronavirus Relief Fund. Frequently Asked Questions", the Sub committee would like to highlight the following sections: The Guidance provides that eligible expenditures may include expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. What is meant by a "small business," and is the Guidance intended to refer only to expenditures to cover administrative expenses of such a grant program? Governments have discretion to determine what payments are necessary. A program that is aimed at assisting small businesses with the costs of business interruption caused by required closures should be tailored to assist those businesses in need of such assistance. The amount of a grant to a small business to reimburse the costs of business interruption caused by required closures would also be an eligible expenditure under section 501(d) of the Social Security Act, as outlined in the Guidance. The Guidance provides that expenses associated with the provision of economic support in connection with the public health emergency, such as expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures, would constitute eligible expenditures of Fund payments. Would such expenditures be eligible in the absence of a stay-at-home order? Fund payments may be used for economic support in the absence of a stay-at-home order if such expenditures are determined by the government to be necessary. This may include, for example, a grant program to benefit small businesses that close voluntarily to promote social distancing measures or that are affected by decreased customer demand as a result of the COVID-19 public health emergency. Could Fund payments be used for capital improvement projects that broadly provide potential economic development in a community? In general, no. If capital improvement projects are not necessary expenditures incurred due to the COVID-19 public health emergency, then Fund payments may not be used for such projects. However, Fund payments may be used for the expenses of, for example, establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity or improve mitigation measures, including related construction costs. The Guidance provides that ineligible expenditures include "[p]ayroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency." Is this intended to relate only to public employees? Yes. This particular nonexclusive example of an ineligible expenditure relates to public employees. A recipient would not be permitted to pay for payroll or benefit expenses of private employees and any financial assistance (such as grants or short-term loans) to private employers are not subject to the restriction that the private employers' employees must be substantially dedicated to mitigating or responding to the COVID-19 public health emergency. May Fund payments be used for expenditures necessary to prepare for a future COVID-19 outbreak? Fund payments may be used only for expenditures necessary to address the current COVID-19 public health emergency. For example, a State may spend Fund payments to create a reserve of personal protective equipment or develop increased intensive care unit capacity to support regions in its jurisdiction not yet affected, but likely to be impacted by the current COVID-19 pandemic. May Fund payments be provided to non -profits for distribution to individuals in need of financial assistance, such as rent relief? Yes, non -profits may be used to distribute assistance. Regardless of how the assistance is structured, the financial assistance provided would have to be related to COVID-19. May recipients use Fund payments to remarket the recipient's convention facilities and tourism industry? Yes, if the costs of such remarketing satisfy the requirements of the CARES Act. Expenses incurred to publicize the resumption of activities and steps taken to ensure a safe experience may be needed due to 9 the public health emergency. Expenses related to developing a long-term plan to reposition a recipient's convention and tourism industry and infrastructure would not be incurred due to the public health emergency and therefore may not be covered using payments from the Fund. Do governments have to return unspent funds to Treasury? Yes. Section 601(f)(2) of the Social Security Act, as added by section 5001(a) of the CARES Act, provides for recoupment by the Department of the Treasury of amounts received from the Fund that have not been used in a manner consistent with section 601(d) of the Social Security Act. If a government has not used funds it has received to cover costs that were incurred by December 30, 2020, as required by the statute, those funds must be returned to the Department of the Treasury. What records must be kept by governments receiving payment? A government should keep records sufficient to demonstrate that the amount of Fund payments to the government has been used in accordance with section 601(d) of the Social Security Act The sub -committee assumed that a non-profit could be treated like a business and therefore the word "business" could be substituted with "non-profit". KODIAK ISLAND BOROUGH Meeting Type: Date: � ia I,P Please PRINT your name legibly `Rl ase PRINT your name leaibl Regular Special Convened: SD BY: SECOND: Mr. Amdt Mr. Dvorak i Ms. Kavanaugh U Mr. Schroeder NO Ms. Skinner Mr. Arndk Mr. Symmons , — Mr. Turner KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Datet-003�1 �ZY049 0 Recessed: Reconvened: Adjourned: BY: ` SECOND: 0 ef x J 4 Mr. Arndt Mr- Dvorak �I Ms. Kavanaugh Mr. Schroeder G Ms. Skinner — —fie — BY: IS SECONDi�A BY: SECOND: BY: V K— SECOND:,�L QAipt U6C 'YES NO A I.YEs I NO Mr. Am Mr. Dvorak��-�; Ms. Kavanaugh Mr. Schroeder Ms. Skinner Z016 WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL; ; TOTAL: s TOTAL: TOTAL: The mayor may no vote except in the case where only six members of the assembly are present and there is a threelthree tie vote of the assembly, Maypr Roberts Mayor Roberts I Mayor Roberts , Mayor Roberts 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. n, i i YES NO Mr. Arndt Mr. Arndk Mr. Dvorak =Dvorak i Ms. Kavanaugh Ms. Kavanaugh Mr, Schroeder Mr. Schroeder a 16-- Skinner Ms. Skinner Z016 WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL; ; TOTAL: s TOTAL: TOTAL: The mayor may no vote except in the case where only six members of the assembly are present and there is a threelthree tie vote of the assembly, Maypr Roberts Mayor Roberts I Mayor Roberts , Mayor Roberts 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. n, Regular z Special Convened: BY: SECOND: 7 \3 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET �,l Date: ZW Recessed: Reconvened: Adjourned: SECOND: : SECOND:) � SECOND: r, Amdt - -_ Mr. Arndt — Mr. Arndt Mrvorak V Mr. Dvorak Mr. Dvorak Ms. Kavanaugh W m IVVKbvanaugh w� I Ms. Kavanaugh ' Mr. Schroeder J Mr. Schroeder M roeder --- -— - Ms. Skinner Ms. Skinner Ms. Skinner -Mr: Symmons Mr .Symmons rnmons BY:�' SECOND: ULD 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 threetthree do vote of the assembly. Mayor I- oberts- � Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts o Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requfres 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. 100 Mr. Arndt Mr. Dv"orakr. Ms. Kavanaugh Mr. Schroeder Ail'STcinner -- YES NO V ✓ � Arndt _ vorak Ms. Kavanaugh Mr. Schroeder Ms. Skinner - --r. 5 mans ULD 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 threetthree do vote of the assembly. Mayor I- oberts- � Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts o Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requfres 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. 100 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special Date: 22W-0 Convened: Recessed: Reconvened: Adjourned: BY: ' BY: 'e�l/4- SECOND: rte? SECOND .:O> UA _ � ! a" k1kWk A, iv Mr. Arndt ; Ms. avanaugh Mr. Schroeder 1. Nis. Skinner -Mr-Symmons Mr. Arndt Mr. Dvorak – avanaug I Mr. Schroeder / Ms. Skinner BY: BY: BY: — --. SECOND•�L_ SECOND: SECOND: i 410 `d4_1 Mr. Arndt �k, il,mo 0 to) - ! YES Mr. Arndt I `f ti . mdt Mr. Dvorak 1r Dvorak 4 TMs. Kavanaugh s. Kavanaugh Mry c roe erg I� Mr. Schroeder - --- Ms. Skinner � ----' s–SICfn �--- �Symmons I.Mr.-Symmons— Mr. Dvorak Ms. Kavanaugh Mr. Schroeder Ms. Skinner WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: –_ ,TOTAL: TOTAL: TOTAL:T_IIOTAL: 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 assem Mayor RobertsMayor Roberts I Mayor Roberts Mayor Roberts Mayor Roberts _'_ __=_ ---. ..--L A –A-_ - - I -[__ I L 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. 3 Regular Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Special Date: V q AV -i V, 1 00) BY� SECOND: Aw 11 Mr. Arndt 1. Dvorak `Ms. Kavanaugh BY: Recessed: Reconvened: Adjourned. BY: BY: SECOND: �0.dv�cah�� Mr. Arndt Y� Mr. Dvorak Ms. Kavanauo0 SECOND: SA- kam �v� A4_� Mr. Arndt I Mr. Dvorak �V", Ms. Kavanaugh SECOND:tk�, ��W,261A_bCl) BY: Sk— SECOND: lt�t�h fTY ls1(' 9](lWz 4NIM-10 rIIMV "�' �,v►Od,�v� .,,tib Mr. Arndt Mr. Dvorak T Ms. Kavanaugh Mr. Schroeder Mr. Schraed ` Mr: 'Schroeder �/— 4 Mr. Schroeder Ms. Skinner Ms. Skinner Ms. Skinner Ms Skinner r..T•�tmer-~-Mr—Turner -Mr. Turner--.. _ WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTES TOTAL: TOTAL: TOTAL: �yr[� j j TOTAL: TOTAL. The mayor may Y p not vote except in the case where only six members of the assembly are present and there is a�fireelthroo do vote of the as, Mayor Roberts V :Mayor Roberts Mayor Roberts Mayor Roberts i Mayor Roberts • Motions required for 2/3 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. YES i Mr. Dvorak Ms. Kavanaugh Mr. Schroeder Ms. Skinner k YES N4 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special Date: Convened: Recessed: Reconvened: Adjourned: j BY: ...._ --- BY: T -- BY: �� BY: BY: ::)A --- SECOND�->`it> SECONTq SECOND: SECOND: SECOND: &d,oT_Q '1�_: -Gae 4 qi Q� aVnk cl I I YES .-NO YES NO YES NO YES NO YES ; NO Mr. Arndt Mr. Arndt Mr. Arndt ✓ Mr. Arndt r. Arndt r, Mr. Dvorak I Mr. Dvorak ; Mr. Dvorak Mr. Dvorak Ms. Kavanaugh �}Cavanaug : Ms. Kavanaugh Ms. Kavanaugh ' ✓ Nis. Kavanaugh' Mr. Schroeder I V ' Mr. Schroeder i c roede Mr. Schroeder Mr. Schroeder R Ms. Skinner —4Ms. Skinner i s. inner s. Skinner Ms. Skinner —_ Mr-Symrnon5. r. Syrrtman ons AII�..�T�u�t er., ,,,.. Mr. Turneru Mr. Turner Mt„.'l~urner- �`� --�-Mr.—Turner — WOULD .ANYONE LIKE TO CHANGE THEIR, VOTE? WOULD ANYONE LIKE TO CHANGE_ THEIR VOTE-1 TOTAL;TOTAL: TOTAL: TOTAL: TOTAL: Thayor may_not vote exceptin the case where Only six members of the assembly are present and there is a threctthree tie vote of the assem !y. e m Mayor Roberts Y Mayor Roberts Mayor Roberts r Mayor Roberts 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. KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET 4k vi Regular ~/ Special Date:-1QF- A-64�-4� Convened: Recessed: Reconvened: BY: B : �� BY: SECOND: C ND: ,'�� D SECOND: -� — (% 0 SE Adjourned: BY: -- -BY. aSk -YT SECOND• � SECOND: o0a tc"A �W A � WL ev, Q s Mr. Arndt Mr. Dvorak Ms. Kavanaugh Ms. Skinner Mr. Svmmons i. Mr. Arndt Mr. Dvorak V Ms. Kavanaugh Mr. Schroeder 0 Skinner - ! Mr. Turner I - 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 as mbly are present and there is a threelthree tie vote of the assembly. Mayor Roberts Mayor Roberts Mayor Roberts i Mayor Roberts Mayor Roberts o Motions required for ?13 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 vole is majority of the membership (quorum). Point of Order and Recess. YES NO YES c NO �Mr. Arndt Mr. Dvorak avan Mr. Schroeder Ms. Skinne Mr. Arndt Mr. Dvorak Mr. Arndt k :S.!;5!anaugh Mr. Schroeder Ms. Skinne:]�� M q=rno avanaugh Mr. Schroeder Ms. Skinner MreSymmons _ ons Adjourned: BY: -- -BY. aSk -YT SECOND• � SECOND: o0a tc"A �W A � WL ev, Q s Mr. Arndt Mr. Dvorak Ms. Kavanaugh Ms. Skinner Mr. Svmmons i. Mr. Arndt Mr. Dvorak V Ms. Kavanaugh Mr. Schroeder 0 Skinner - ! Mr. Turner I - 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 as mbly are present and there is a threelthree tie vote of the assembly. Mayor Roberts Mayor Roberts Mayor Roberts i Mayor Roberts Mayor Roberts o Motions required for ?13 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 vole is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special Convened: Recessed: Reconvened: BY: BY: - BY: SECOND: �� SECOND: SECOND: `r �V Date: Adjourned: BY: J � ---- -, BY. Cc) y- - SECOND: YES NO I YES �- Mr. Arndt 1 Mr. Dvorak Ms. Kavanaugh Ms. Skinner jSECOND: 11a1\11 0 ,, J VMr. Arndt - —� Mr. Dvorak ! Ms. Kavanaugh Mr. Schroeder Ms. Skinner Mr. Svmmnns-----:�- �^ VVOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE DIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: I TOTAL: _L- c _ ! 1 - The mayor may y not vote except in the case where only six members of the assembly are present and there is a th ' ith o tie vote of the assembly. Mayor Roberts Mayor Roberts k Mayor Roberts Mayor Roberts y _ Mayor Roberts • Motions required for 213 vote to carry. 7 present requires 5; B present requires 4; 5 present requires 4: 4 present requires 3 Reconsideration on the sante day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess- . YES NO YES- ]"NO . Arndt �� f Mr. Arndt Mr. Dvorak1 7 Mr. Arndt Mr. Dvorak Ms. Kavanaugt Mr. Dvorak Ms. Kavanaugh _ Ms. Kavanaugh Mr. Schroeder Mr. Schroeder T Mr. Schroeder As. Skinner , Mr..S Ms. Skinner Mr, S.ymmons ✓ Ms. Skinner E Mr--Symmons -'TMr. i .Mf-Turner^�-��.'Mr..T.urnerw' Turner Date: Adjourned: BY: J � ---- -, BY. Cc) y- - SECOND: YES NO I YES �- Mr. Arndt 1 Mr. Dvorak Ms. Kavanaugh Ms. Skinner jSECOND: 11a1\11 0 ,, J VMr. Arndt - —� Mr. Dvorak ! Ms. Kavanaugh Mr. Schroeder Ms. Skinner Mr. Svmmnns-----:�- �^ VVOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE DIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: I TOTAL: _L- c _ ! 1 - The mayor may y not vote except in the case where only six members of the assembly are present and there is a th ' ith o tie vote of the assembly. Mayor Roberts Mayor Roberts k Mayor Roberts Mayor Roberts y _ Mayor Roberts • Motions required for 213 vote to carry. 7 present requires 5; B present requires 4; 5 present requires 4: 4 present requires 3 Reconsideration on the sante day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess- . 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. FY2021, No. 2 August 7, 2020 At Its Regular Meeting Of August 6, 2020, The Kodiak Island Borough Assembly Took The Following Actions. . The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, August 20, 2020, At 6:30 P.M. RECEIVED Bayside Fire Department Presentation From Chief Howard S. Rue III, EFO. RECEIVED A Presentation On Property Exemptions From Seema Garoutte, Assessing Department Director. AMENDED, ADOPTED Ordinance No. FY2021-03 Determining The Disposition Of Tax Year 2010 Foreclosed Property KIB/Hardy Hofstad Etal And Establishing Intention To Surplus And Sell Said Property By Finding That A Public Need Does Not Exist For The Property And Authorizing The Property For Disposal. AMENDED, ADOPTED Ordinance No. FY2021-04 Determining The Disposition Of Tax Year 2012 Foreclosed Properties KIB/Marjorie Anderson, And KIB/Alfred Hansen Jr. And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Disposal. AMENDED, ADOPTED Ordinance No. FY2021-05 Determining The Disposition Of Tax Year 2014 Foreclosed Properties KIB/Edwina Mae Anderson, And KIB/Charles F. Lorenson, Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Disposal. AMENDED, ADOPTED Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 Foreclosed Properties KIB/ Joseph David Henderson Etal, (Two Properties) KIB/Joan Denise Lucas, KIB/Lydia Tania-Bird Malutin, And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Disposal. AMENDED, ADOPTED Ordinance No. FY2021-07 Determining The Disposition Of Tax Year 2015 Foreclosed Property KIB/Ada L. And Susan K. Panamarioff, And Establishing Intention To Surplus And Sell Said Property By Finding That A Public Need Does Not Exist For The Property And Authorizing The Property For Disposal. AMENDED, ADOPTED Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 Foreclosed Properties KIB/James Clifford Cole Trust, KIB/Kimberly Edman, KIB/ Dale Stratton, And KIB/John Wick (Two Properties) And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Disposal. AMENDED, ADOPTED Ordinance No. FY2021-09 Determining The Disposition Of Tax Year 2017 Foreclosed Properties KIB/Ronald Eads And KIB/Charles Nellist And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. POSTPONED Ordinance No. FY2021-12 Of The Assembly Of The Kodiak Island Borough Amending KIBC Title 3 Revenue And Finance, Chapter 3.80 Excise Tax On Cigarettes And Tobacco Products Section .020 Definitions And Section .030 Excise Tax On Cigarettes And Tobacco Products To Public Hearing At The Next Regular Meeting Of The Assembly On August 20, 2020. View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough AMENDED, ADOPTED Ordinance No. FY2021-13 Adding A Ballot Proposition At The Next Regular Municipal Election To Be Held On October 6, 2020. POSTPONED INDEFINETELY Ordinance No. FY2021-14 Assembly Of The Kodiak Island Borough Appropriating $---- For Purposes Of Advocating In Favor Of A Ballot Proposition At The October 6, 2020 Regular Municipal Election. AUTHORIZED The Borough Manager To Execute Contract No. FY2021-05 With Scott's Heating And Plumbing Service, Inc. For The Providence Kodiak Island Medical Center & Baler Building Fuel Tank Installation Project In An Amount Not To Exceed $187,500. AUTHORIZED The Borough Manager To Execute Change Order No.10 Amending Contract No. FY2019-10 With Jensen Yorba Wall, Inc. For Architectural And Engineering Services Term Contract In An Amount Not To Exceed $14,915. AUTHORIZED The Borough Manager To Accept The Alaska Department Of Public Safety, Coronavirus Emergency Supplemental Funds For Local Public Safety Agency Grant In The Amount Of $1,500 For The Womens Bay Volunteer Fire Department. ADOPTED Resolution No. FY2021-11 Establishing By Mail Precincts. AMENDED, ADOPTED Resolution No. FY2021-13 Authorizing The Borough To Issue A Refunding Revenue Bond To Refund All Or A Portion Of The Principal Installments Of The Outstanding Long-Term Care Center Revenue Bond, Series 2013 (Providence Kodiak Island Medical Center), Of The Borough And To Pay Costs Of Issuing The Bond; Fixing Certain Details Of Such Bond; Authorizing Its Sale; Providing For Related Matters; And Repealing Resolution No. FY2020-07. ADVANCED Ordinance No. FY2021-01C Amending Ordinance No. FY2021-01, Fiscal Year 2021 Budget, By Amending Budgets To Account For Federal CARES (Coronavirus Aid, Relief, And Economic Security) Act Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects To Public Hearing At The Next Regular Meeting Of The Assembly On August 20, 2020. ADVANCED Ordinance No. FY2020-01D Amending Ordinance No. FY2020-01, Fiscal Year 2020 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects To Public Hearing At The Next Regular Meeting Of The Assembly On August 20, 2020. ADVANCED Ordinance No. FY2021-15 Rezoning Lots 1 And 2, Isthmus Bay From RR2 – Rural Residential Two District To C – Conservation District (P&Z Case No. 20-007) To Public Hearing At The Next Regular Meeting Of The Assembly On August 20, 2020. ACCEPTED The Proposal, In The Amount Of $49,000 To Prepare A Kodiak Island Borough Economic Profile And Pandemic Impact Analysis As Proposed By The McDowell Group. Authorization Should Also Include Approval For The Borough Manager To Execute Agreements. APPROVED A Letter To The White House Office Of Intergovernmental Affairs, Senator Murkowski, Senator Sullivan, And Congressman Young, Regarding Additional COVID-19 Relief.