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2006-03-09 Work SessionCITIZENS' COMMENTS (limited to three minutes per speaker) ITEMS FOR DISCUSSION 1. Investments © 2. ADF& G Building Q 3. Providence Kodiak Island Hospital Master Plan 4. Teleconference Ordinance - to Provide for Teleconferencing During Assembly Meetings. PACKET REVIEW Ordinance No. FY2006 -08 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapter 17.51 Accessory Buildings Section 7.51.040 Height Limit. Ordinance No. FY2006 -09 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.32 Motor Vehicle Registration and Tax Section 3.32.010 Established, and Section 3.32.020 Allocation; and by Adding Section 3.32.030 Fee Imposed to Increase the Motor Vehicle Registration Tax. MANAGER'S COMMENTS CLERK'S COMMENTS MAYOR'S COMMENTS ASSEMBLYMEMBER COMMENTS ASSEMBLY WORK SESSION March 9, 2006 — 7:30 p.m. Borough Conference Room AGENDA ON LEAVE Resolution No. FY2006 -32 Supporting the Prince William Sound Regional Citizens' Advisory Council's Efforts to Compile an Oral History of' the Exxon Valdez Oil Spill. Approval of Revised Planning and Zoning Commission By -Laws. Oswalt — February 1 — March 31 Branson — March 5 -11, 13 -19 and 21 Abell, Branson, Jeffrey, Ranney, Stephens, Williams, Selby, Gifford — Legislative Reception March 22 CALENDAR March 2006 07 6:30 p.m. Assembly Tour of Providence Kodiak Island Medical Center (PKIMC) To be held in the Specialty Clinic Entrance 7:30 p.m. Assembly Special Work Session — PKIMC East Wing Training Room 7:00 p.m. Service Area No. 1 Board Budget Public Hearing Meeting — BFH 08 7:30 p.m. Planning and Zoning Commission Work Session — CR 09 7:30 p.m. Assembly Work Session — CR Cancelled City Council Regular Meeting — AC l tNl li.ru I'm 1 , , poi it! .:; A1r =s;� d 1t 5:30 p.m. Department of Environmental Conservation Public Hearing — AC 15 7:30 p.m. Planning and Zoning Commission Regular Meeting — AC 22 9:00 a.m. Gulf Rationalization Task Force Meeting — Kodiak College Room 106 23 7:30 p.m. City Council Regular Meeting — AC 16 7:30 p.m. Assembly Regular Meeting — AC 21 7:00 p.m. Monashka Bay Road Service Arca Board Budget Public Hearing Meeting — BFH 22 Legislative Reception — Juneau 23 Cancelled City Council Regular Meeting — AC 27 Holiday Borough Offices Closed for Seward's Day Holiday 7:00 p.m. School District Regular Meeting — AC F.11'! .�i6 i`v ,� 'if +.a3t 1. ., •t �'. U:" i R 30 7:30 p.m. Assembly Work Session — CR 7:30 p.m. City Council Regular Meeting — AC April 2006 03 5:30 p.m. Gravel Task Force Meeting — CR 7:00 p.m. School District Work Session — SD /CR 05 6:00 p.m. ArchitecturaUEngineering Review Board — KFRC /MCR 06 7:30 p.m. Assembly Regular Meeting — AC -Solt - { "4i� ' „v,tt 12 7:30 p.m. Planning and Zoning Commission Work Session — CR 13 7:30 p.m. Assembly Work Session — CR Cancelled City Council Regular Meeting — AC 17 7:00 p.m. School District Regular Meeting — AC 19 7:30 p.m. Planning and Zoning Commission Regular Meeting — AC 20 7:30 p.m. Assembly Regular Meeting — AC .:7 d al {1 p . ❑; 1 °a37 - .110 '0 ; t i `o;H c 27 7:30 p.m. Assembly Work Session — CR 7:30 p.m. City Council Regular Meeting — AC AC - Assembly Chambers CR - Conference Room SD /CR - School District Conference Room AC /CR - Assembly Chambers Conference Room C /CR - City Conference Room D /CR - Hospital Doctors= Conference Room H/PL - Hospital Physicians Library BFH - Bayside Fire Hall HC - Hospital Cafeteria WBFH - Womens Bay Fire Hall H/BR - Hospital Board Room MHGR - Mental Health Group Room H/DL - Hospital Doctors = Lounge KFRC/MCR KODIAK ISLAND BOROUGH WORK SESSION MEETING / Work Session Meeting of: // Cd/I.( 4006 Please print your name 1 1. :12 A/ "l�S6/1 3. NICK Tie o XcjI Cu I la - do 10. Wa /e46 • 4°t ' 11 /� i 12. 1�Olav\ 13.5 # ArJ / 14. P it / Q /net pr 15. ,A..-1,41/2,4_ ha —77-64-7,---j please print your name 1. KODIAK ISLAND BOROUGH WORK SESSION MEETING Work Session Meeting of: 9 /V1 Al2_C 3. O(4 fVOdaft 4. G n ,6, 10 11p 4 P1)0 / 5. ili rw44) 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Kodiak Island Borough MEMORANDUM To: The Honorable Mayor and Assembly of the Kodiak Island Borough Through: Rick Gifford, Borough Manager 6'6 From: Karleton Short, Finance Director // Date: March 9, 2006 At the current time the Kodiak Island Borough can invest in the following types of investments: 3.04.020 Permissible investments. The treasurer shall invest money only in the following types of security instruments: A. Bonds, notes, or other obligations, direct or otherwise, of the United States Government; B. Bonds and other evidence of indebtedness of the state of Alaska, or any municipality, or political subdivision of the state of Alaska; C. Savings accounts, certificates of deposit, banker's acceptances, repurchase agreements, and such other legal security instruments; or D. The Alaska Municipal League Investment Pool, Inc. made in accordance with the terms of that Pool's "Common Investment Agreement ". I believe that everyone agrees that we don't want to add additional investment types to our operating funds. As investments get riskier than there is a higher likely hood of having to absorb a loss if we have to liquidate an investment early. We do want to look at increasing the interest return on our funds which are not needed in the short term and can thus stand more fluctuation due to market conditions. Since we do not need to spend the principal of the Facilities Fund to finance ongoing operations we can invest in instruments that may have more short term volatility but will give an increased return over a period of years. These are the investment types we are considering adding: • Securities issued or guaranteed by municipalities in the United States, rated in one of the three highest rating categories by nationally recognized statistical rating nrnanizatinn (NRSRO) This would allow us to invest in municipal bonds issued by other states and local governments in other states. • Corporate debt securities rated investment grade. This would let us invest in bonds issued by corporations. • Asset - Backed securities rated investment grade. Asset - backed securities are bonds that are based on underlying pools of assets. A special purpose trust or instrument is set up which takes title to the assets and the cash flows are "passed through" to the investors in the form of an asset - backed security. The types of assets that can be "securitized" range from residential mortgages to credit card receivables. • Yankee debt (that is, U.S. dollar denominated obligations issued in the U.S. capital markets by foreign issuers) rated investment grade. Yankee bonds are issued by non - U.S. firms who register with the Securities and Exchange Commission (SEC) and borrow U.S. dollars —using issues underwritten by a U.S. syndicate for delivery in the United States. Global bonds are generally larger issues also registered in the U.S. and sold simultaneously in the United States and abroad. Both types of bonds typically pay interest semi - annually and may be bought and sold in minimum denominations of $1,000. Frequent issuers of Yankees and GlobeIs are Canadian provinces or corporations, foreign banks and supranational agencies (e.g., World Bank). • Money market mutual funds regulated by the Securities and Exchange Commission which comply with rule 2(a)7 and whose underlying portfolio consists of investment grade securities; and The Alaska Municipal League Investment Pool, Inc. This is just saying we can invest in the AML investment pool in a different manner. • A mutual fund, which is designed to replicate the Standard and Poor's 500 Index or an ETF (Exchange Traded Funds) with the same purpose. A mutual fund is a company that pools money from many investors and invests the money in stocks, bonds, short-term money- market instruments, other securities or assets, or some combination of these investments. The combined holdings the mutual fund owns are known as its portfolio. Each share represents an investor's proportionate ownership of the fund's holdings and the income those holdings generate. This fund would try and match the performance of the S & P 500. There is approximately $29,000,000 available for investment in the Facilities Fund. The rest is already invested in interfund loans and long term bonds. If we can increase our investment earnings by 1% it will increase our investment earnings by $290,000 each year. I mill of property tax equals $750,000. I have attached two graphs and a page from the Alaska Permanent Capital Management Company. 2 fr tn r 0 - r--1 In —I m — N N 00 h �O N 4 4 4 d ub r Ln tri t d' tr; to O E • • O O N O O O O e- a O O 8 O 0 0 0 (O 0 0 ui 0 0 0 0 M 0 0 N O 0 0 O Background KODIAKISLAND BOROUGH OFFICE of the MANAGER MEMORANDUM TO: The Honorable Mayor and Assembly of the Kodiak Island Borough FROM: Rick Gifford, Borough Manager al DATE: March 9, 2006 SUBJECT: Near Island ADF &G Building The following is intended to give Assembly members a brief history of the legislative and administrative actions taken by the Borough over the last several years as it relates to the proposed Near Island ADF &G building: • Resolution No. 98 -29 establishing a joint Kodiak Island Borough /City of Kodiak Fiscal Year 2000 Capital Improvement Projects Priority List. The ADF &G office building was number 1 on the priority list. • Resolution No. 2001 -53 adopting a Capital Improvement Program for Fiscal Years 2003 through 2007 and establishing a Federal Improvement Projects Priority List. The Kodiak Fisheries Campus Phase III Design and Site Work was number 3 on the priority list. • In August of 2001, KIB received a $200,000 grant from the State of Alaska Department of Community and Economic Development Division of Community and Business Development for the purpose of conducting a feasibility study for the Fisheries Research Building (ADF &G building). • In January of 2002, ASCG, Incorporated completed a Needs Assessment to ascertain ADF &G's current and future office space needs. To meet the increased needs for office space threw design options ; nitre consird Option 1: Remodel the existing facility, add a 5,000 s.f. third floor, and increase the building footprint by 700 s.f. $2,155,458 MEMORANDUM Near Island ADF &G Building March 9, 2006 Page 2 Option 2: Remodel the existing facility and increase the building footprint by 3,500 s.f. $2,130,300 Option 3: Construct a new facility. $1,753,964 The following conclusions were contained in the report: 1. The space requirements of the ADF &G will require an increase of about 60% over what the current facility has 2. Remodeling the existing facility will require full abatement of all hazardous material. 3. Both remodel options will leave parking grossly inadequate. 4. Option 1 will require the upgrade of the steel structure for new seismic requirements that are substantial. 5. Option 2 will be very tight given the available space for development and will eliminate an open space amenity. 6. Strong consideration should be given to the new construction option as it is the only option which allows for all needs to be fully met. • Resolution No. 2003 -02 adopting a Capital Improvement Program for Fiscal Years 2004 through 2008 and establishing a Federal Capital Improvement Projects Priority List. The Kodiak Fisheries Campus Phase III Design and Site Work was number 2 on the list. • Resolution No. 2003 -03 adopting a Capital Improvement Program for Fiscal Years 2004 through 2008 and establishing a State Capital Improvement Projects Priority List. The Kodiak Fisheries Campus Phase III Design and Site Work was number 2 on the list. • In March of 2004, ECI /Hyer issued a conceptual design report for a new facility to support the needs of the State of Alaska Department of Fish and Game Region IV headquarters in Kodiak. This report outlined the need for the building, discusses the location of the building on Near Island and developed a conceptual plan with preliminary costs of $7,899,995 based on bidding for construction beginning in 2006. • Resolution No. 2005 -11 adopting a Capital improvement Program for Fiscal Years 2005 through 2009 and establishing a Capital Improvement Projects Priority List. The Kodiak Fisheries Campus Phase III Design and Site Work was number 10 on the list under Facility Projects. MEMORANDUM Near Island ADF &G Building March 9, 2006 Page 3 • Resolution No. 2005 -14 adopting a Federal Capital Improvement Program for Fiscal Years 2006 through 2010. The Kodiak Near Island Research and Administration Facility was number 2 on the list. • Resolution No. 2005 -18 was a joint resolution of the Assembly of the Kodiak Island Borough and the City of Kodiak Council supporting the construction of a new Alaska Department of Fish and Game Research and Administration Building on Near Island. • Resolution No. 2006 -10 accepting a designated Legislative Grant through the Alaska Department of Commerce, Community and Economic Development, for design and site work associated with the construction of a new Alaska Department of Fish and Game Research and Administrative Building on Near Island. The grant was for $1,500,000. • Resolution No. 2006 -13 adopting a Capital Improvement Program for Fiscal Years 2006 through 2010 and establishing a Capital Improvement Projects Priority List. The new ADF &G Building Construction and ADF &G term lease payment was number 3 under Facility Projects on the list. • Resolution No. 2006 -24 adopting a Federal Capital Improvement Program for the Fiscal Years 2007 -2011. The Kodiak Near Island Research and Administration Facility was number 1 on the list. Bud Cassidy and I met with the Kodiak City Council in November of 2005 and discussed possible locations of the ADF &G facility on Near Island as KIB will need to obtain some land from the City to construct the facility. Two general locations were discussed and we decided to let the architect/engineering firm look at both locations and determine the cost feasibility of both locations. The Engineering and Facilities Department is currently working on the RFP for architectural design services which should be out within a couple of weeks. Attached is an updated construction cost estimate projecting construction costs for 2008. The estimated cost has increased from approximately $8 million to $10 million. Borough administration is currently reviewing a draft lease that would be the legal document between KIB and the State of Alaska for leasing the new facility. It is the intent of the Borough that the State will absorb all operating costs, a maintenance and repair fund, and absorb debt payments, it any, related to construction of the facility. Attached is a work sheet that might show how that would work. CONSTRUCTION COST 01 - SITE WORK $680,657 02 - SUBSTRUCTURE 246,461 03 - SUPERSTRUCTURE 1,035,555 04 - EXTERIOR CLOSURE 879,782 05 - ROOFING 289,832 06 - INTERIOR CONSTRUCTION 831,821 07 - CONVEYING SYSTEM 138,000 08 - MECHANICAL 1,283,412 09 - ELECTRICAL 738,818 10 - EQUIPMENT 255,900 11 - SPECIAL CONSTRUCTION 0 SUBTOTAL DIRECT WORK: $6,380,238 12 - CONTINGENCIES - DESIGN UNKNOWNS AND ESCALATION TO SPRING 2008 BID $680,133 5% per annum (26 mo.) 10.66% TOTAL ESTIMATED CONSTRUCTION COST: $7,060,371 FURNISHINGS & EQUIPMENT (FF &E): 5.0% $353,019 SUBTOTAL $7,413,390 INDIRECT COSTS DESIGN 10.0% $706,037 SITE INVESTIGATION & SURVEY 1.0% 70,604 COSNTRUCTION MANAGEMENT 3.0% 211,811 IN -HOUSE C.M. 3.0% 211,811 ADMINSITRATION 3.0% 211,811 LEGAL /ACCOUNTING 1.0% 70,604 FINANCING COSTS 2.5% 176,509 ART 0.5% 35,302 SUBTOTAL $1,694,489 PROJECT CONTINGENCY TOTAL ESTIIVII" ED PROJEVT VW. (2 vw): 10.0% $910,788 $10,018,667 Cost of Building 10,000,000 10,000,000 10,000,000 Less funding from the State of Alaska (1,500,000) (4,000,000) (7,000,000) Proceeds from revenue bonds 8,500,000 6,000,000 3,000,000 Life 30 30 30 Bond payments 735,460 519,149 259,574 Annual operating expenses 200,000 200,000 200,000 Length of bonds 20 20 20 Square footage of building 18,600 18,600 18,600 Annual Costs Operating costs 200,000 200,000 200,000 Maintenace and repair funding 200,000 200,000 20,000 Bond payments 735,460 519,149 259,574 1,135,460 919,149 479,574 Annual cost per sq. ft. Monthly cost per sq. ft. Near Island Research and Administration Facility Statement of Cash Flows 61.05 5.09 In this presentation bond principal is included because it does use cash. Depreciation is not included because there is no use of cash. Interest Rate 6% 49.42 4.12 25.78 2.15 Robert Nelson Board Chairman of al Bond Bank Alaska Municip Authority November 30, 1994 661 -9 -0662 269 -5135 Public Notice for Meetings Board Keith A. Laufer Assistant Attorney General Governmental Affairs Section, Anchorage requested the advice of this ,order AS 44.85.040 for notice Former Chairman Eaton Bond Bank regarding the requirements the Municipal office rag to public meetings of from the information with respect „ Authority the Authority "). We understand (the that the specific concern relatl es to t e notice q this office, meetings of the board telephone. the required for of hm participate by who notice req of a board member to the Authority when some t the members the notice r board questions whether to that telephone must be included in access participates he public and whether the p ublic is entitled location. that Authority board members reside at frequently. at We We understand the state and travel frege beard are various locations around s of the Authority's available also understand that all meetings office, e attend from the Authority public participation at that location. The board must that members in s are d in person at that location and a for open that the meetings are always frequently meet on short not in and sale of bonds fret to conduction r b the authorization must the participate of conduct other business. b members order occasionally facilitate ust the icipa conduct by these meetings, impractical to provide advance participate notepeone. It is often imP provide the public notice of each location from which possible e to member may p by telephone and it is not always access to each such location. AS 44.85.040(b) provides: The kond bank authority may meet and transact business by an electronic medium if (1) public ting notice of the time and electronic medium has will !�e held by were given in the same manner as 2 t e mee and held in a single location; (2) partici memb of the public ina t ce don e n n h hear a nd have the same right to p aeson; and as f the meeting were conducted in p Robert Nelson Chairman of the Board Alaska Municipal Bond Bank Authority 661 -94 -0662 (3) copies of pertinent reference materials, statutes, regulations, and audio - visual materials are reasonably available to participants and to the public. A meeting by an electronic medium as provided in this subsection has the same legal effect as a meeting in person. Similarly, the Alaska Open Meetings Act provides for "[a]ttendance and participation at meetings by members of the public or by members of a governmental body may be by teleconferencing." AS 44.62.310(a). With respect to the required notice the Open Meetings Act provides: Reasonable public notice shall be given for all meetings required to be open under this section. The notice must include the date, time, and place of the meeting and, if the meeting is by teleconference, the location of any teleconferencing facilities that will be used AS 44.62.310(e). November 30, 1994 page 2 The policy behind the Alaska Open Meetings Act is expressly set forth in AS 44.62.312. The following provisions of this section are relevant to the question being addressed in this memo: (5) the people's right to remain informed shall be protected so that they may retain control over the instruments they have created; (6) the use of teleconferencing under this chapter is for the convenience of the parties, the public, and the governmental units conducting the meetings. Thus, the Open Meetings Act is designed to promote public access and participation at meetings of governmental units. In addition, teleconferencing is to be used to promote the convenience of the public and the government and to facilitate the conduct of government business. Requiring advance public notice of each location where Robert Nelson Chairman of the Board Alaska Municipal Bond Bank Authority 661 -94 -0662 November 30, 1994 page 3 a board member might participate by telephone and requiring that the public be allowed to participate from each such location does not promote the purposes of the Act. Further, such requirements would actually impede the Authority's ability to conduct business. Because it is not always possible to determine in advance where each board member will be on the date of a given board meeting, requiring advance public notice of and public access to such locations would effectively prohibit the participation by board members who could not otherwise participate at the meeting. For example, if a board member became ill and wished to participate in a meeting by telephone from the board member's home, the practice would be prohibited unless the location was publicly noticed in advance, the board member was willing to allow the public access to the board member's home for purposes of the meeting, and the board member's home had adequate teleconferencing facilities. We do not believe the legislature intended such a result. In order to promote both the public access and convenience purposes of the Act, we believe that teleconference facilities, as that term used in AS 44.62.310(e), refers to those official teleconference facilities at which the public may participate. Thus, reasonable public notice is required to be given under the Act with respect to each location at which the public may attend the meeting. We do not believe that the notice requirement was intended to prohibit a member of a state governmental unit from participating at a public meeting by telephone merely because advance public notice of the location from which the member participates was not given or because access to the public is not available at that location. Of course, all meetings of the Authority must be open to the public and public notice of those locations where the public may attend must be given. Whenever possible, advance notice of all locations where board members will participate should also be given and, if practicable, members of the public should be permitted to participate from those locations. When, on occasion, a particular member can not participate from a noticed location, that member should not be prohibited from fully participating by telephone from a location not available to the public, provided that all other requirements of the Open Meetings Act and AS 44.85.040(b) are met. On such occasions, the record should clearly indicate the locations from which each board member is participating. In addition, the record should also Robert Nelson Chairman of the Board Alaska Municipal Bond Bank Authority 661 -94 -0662 November 30, 1994 page 4 indicate those locations where public access has been provided and that appropriate public notice with respect to those locations has been given. We believe the purposes behind the specific requirements of AS 44.85.040(b) to be no different from the purposes under the Open Meetings Act. Accordingly, we believe the notice requirements for board member participation by telephone under that statute to be the same as those under the Open Meetings Act described above. Should you have any questions with respect to this matter, please let me know. KAL:aw 2.17.020.D Teleconferencing: Attendance and participation of members of the assembly at assembly meetings may be by audio or video teleconference subject to the following restrictions and requirements; 1. Telephonic participation by assembly members is authorized during assembly meetings when an assembly member is physically absent from Kodiak or is physically incapacitated. 2. The assembly member shall inform the Assembly of his or her wish to participate by teleconference at a meeting prior to the teleconference. 3. An assembly member participating by teleconference shall only be allowed if the meeting is held with a quorum of members physically present. 4. An assembly member participating by teleconference shall be deemed to be present at the assembly meeting and shall have the same right to participate in discussion and to vote on any matter as if physically present at the assembly meeting. The vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote. All votes shall be taken by role call vote. 5. An assembly member participating by teleconference shall not be charged for any telephone costs associated with the teleconference participation. ISSUES 1. Do we wish to permit teleconferencing from a location on the road system of Kodiak? A. No, under no circumstances. B. Only from Chiniak. Comment: Treats Chiniak like any other village. C. Only if the member is physically incapacitated. Comment: When has such a situation ever arisen in the past? Do you really want to get into the problems associated with a seriously ill or ailing assembly member participating from a hospital or sick bed? Are you going to attempt to define "physically incapacitated ?" 2. Do we wish to distinguish between participation at work sessions and at regular meetings? A. No, the requirements for advance notice, etc. should be the same in both instances. B. Yes. Formal advance notice, etc. should be required only for participation at regular or special meetings where formal actions may ne taken. 3. Do we wish to distinguish between participation from locations within and outside of the State of Alaska? A. No, all requirements regarding notice, public access and the availability of materials should be the same. B. Yes. Participation from outside of Alaska may be from a private site not previously noticed. Participation from within Alaska must be from a site open to the public, notice of which has been duly published. C. Yes. Participation from outside of Alaska should not be permitted. 4. Should we attempt to include provisions or procedures which will apply if the telephonic connection is broken? A. No, deal with that problem when and if it develops. B. Yes. Explicitly provide that the inability of an assembly member to vote on any issue due to an unexpected severance of the connection (or inability to establish it in the first instance) shall not be grounds for invalidating any action of the assembly on which that member otherwise could have voted. C. Yes. Require a brief recess during which reasonable efforts must be made to re- establish the connection, but explicitly provide that the inability of an assembly member to vote on any issue due to the failure of such efforts to reestablish communication shall not be grounds for invalidating any action of the assembly on which that member otherwise could have voted. Same for inability to establish contact in the first instance. D. Yes. Require a brief recess during which reasonable efforts must be made to re- establish the connection. If such efforts are unsuccessful, any one member of the assembly may require reconsideration of any vote taken thereafter by filing notice with the clerk by the close of the next business day. 5. Do we wish to include a provision to the effect that publication of the agenda packet or other materials on the Borough's web site prior to the day of the meeting may substitute for having hard copies of those materials available at a teleconference site. A. Yes B. No KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006 -08 introduced by. Assembly Requested by Assembly Drafted by Borough Clerk Introduced: Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.17 RULES OF THE ASSEMBL SECTION 2.17.020 GENERAL RULES TO PROVIDE FOR TELECONFERENCING DURING ASSEMBLY MEETINGS WHEREAS, currently there is no provision in the Borough Code for assemblymembers to participate in assembly meetings by teleconference; and WHEREAS, Alaska Statutes 44.62.310 provides that attendance and participation at meetings by members of the governmental body may be by teleconferencing; and WHEREAS, the assembly is desirous that assemblymembers be able to participate by teleconference during assembly meetings: NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 2 Administration and Personnel Chapter 2.17 Rules of the Assembly Section 2.17.020 General Rules is hereby amended as follows: 2.17.020 General rules. A. Public meetings: All official meetings of the assembly shall be open to the public. The joumal of proceedings shall be open to public inspection. B. Quorum: Four (4) members of the assembly shall constitute a quorum. C. Absences: No member of the assembly may absent himself from any regular or special meeting of the assembly except for good cause. An assemblymember who is unable to attend a meeting shall advise the clerk erne -mayor of the contemplated absence and the reason for that absence During the course of the meeting from which the member is absent, the chair shall cause the record to reflect the absence of the member and whether the absence is excused by the assembly. D. Teleconferencing: Attendance and participation of members of the assembly at assembly meetings may be by teleconference 1. Telephonic participation by assembly members is authorized during assembly meetings when an assemblymember is physically absent from Kodiak or is physically incapacitated. 2. The assemblymember shall inform the Assembly of his or her wish to participate by teleconference at a meeting prior to the teleconference. Kodiak Island Borough, Alaska Ordinance No. FY2006- Teleconferencing Page 1 of 2 3. An assemblymember participating by teleconference shall only be allowed if the meeting is held with a quorum of members physically present. 4. An assemblymember participating by teleconference shall be deemed to be present at the assembly meeting and shall have the same right to participate in discussion and to vote on any matter as if physically present at the assembly meeting. The vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote. All votes shall be taken by roll call vote. 5. An assemblymember participating by teleconference shall not be charged for any telephone costs associated with the teleconference participation. E. Rules of order: 'Roberts Rules of Order Current Edition" shall govem the proceedings of the assembly in all cases, unless they are in conflict with these rules. When such a conflict exists, this ordinance prevails. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2006- Teleconferencing Page 2 of 2 Teleconference Ordinance From: Christie Jamieson Sorry Judi, couldn't finish what I was trying to relay to you, I had to run out the door; Wrangell does not have teleconferencing in their code however the Wrangell City Council does not practice it either. Have a great day. Christie Unalaska used to allow teleconferencing in the early 90's, but discontinued the practice. It's not prohibited in the Code, they just don't allow it. Reasons were similar to Skagway's. Our attorney advised that we would have to advertise the teleconference site as a place of meeting, be able to provide all paperwork for that site, etc. The other reason Unalaska stopped it was the belief that an elected official should be in front on their public when making decisions. Hope this helps. Debra K. Mack, City Clerk, City of Unalaska We prohibit it in Skagway. Back when it was done it was for a specific reason, we had a council member elected who wanted to live in Washington in the winter time and teleconference all meeting during the winter instead of being present in person. Other reasons for prohibiting teleconferencing meetings by members is the logistics of getting them their packets and if they are gone for extended periods of time, how they are truly understanding what their constituents want when they aren't available to talk to. Marjorie D. Harris, City Clerk, City of Skagway From. Laurie Sica [mailto:Laurie Sica @ci.juneau.ak.us] Good point, Marj. I remember that issue, and it was a valid concern. Juneau allows teleconferencing, and so far it works OK for us, however, the packet material issue is a significant one, I believe. We put all our information on the internet, so if they have access to it, they can read it, but there are always things that come in at the meeting. Also, lots of subtleties are missed when not being present. I'm not a big fan of it, but it has been working so far (except for the expense of the phone calls, as we have not yet required the members to pay for the call). If a member is willing to take time from their vacation or work trip to sit with their ear to a receiver for a few hours, more power to them - they are doing the job people elected them to do. Their other option is to just not show up. We have limits on the number of times they can participate and the number of members that can call in to a meeting. Hi, These are the responses received from various communities regarding teleconferencing. As you can see, they are quite varied. This is not the complete rule for each municipality but his gives you an idea about what each allows: Yes - City of Barrow - Telephonic participation by city council members is authorized when a council member is physically absent from Barrow. Any vote during a meeting in which a council member appears telephonically shall be taken by roll call vote. Yes - City of Fairbanks - A member may participate at any meeting of the city council by teleconference if the member cannot physically attend the meeting; however, the member's physical absence shall not exceed 90 continuous days for medical circumstances and shall not exceed 30 days for non- medical circumstances. No - City of Kenai - discussed several years ago, but no action - code does not allow attendance by teleconferencing. No - City of Skaciway - Teleconferencing by council members for purposes of attendance and participation in regular and special council meetings is prohibited. Yes - City and Borough of Sitka - Follow Alaska's Open Meetings Act Law - AS44.62.310 Attendance and participation at meetings by members of the public or by members of a governmental body may be by teleconferencing. Yes - City and Borough of Juneau - No more than the first three members to contact the clerk may participate via teleconference - The member participating by teleconfeence shall be counted as present for the purposes of quorum, discussion, and voting. Yes - City and Borough of Yakutat - Nothing in Code or Charter - but teleconferencing is allowed if the Clerk or Manager are informed that a member wishes to participate via phone. Yes - Kenai Peninsula Borough - No formal policy but teleconferening is allowed if the member notifies the Assembly at a meeting prior to the teleconference. Yes - Ketchikan Gateway Borough - A member who will be absent from a meeting...may participate in and vote at the meeting by telephone if: The meeting is held withh a quorum of members physically present. There are other minor requirements to participate by telephone: Reasonable techical capabilities are available; Reasonable efforts are made to ensur member has information All votes are taken by roll call; Teleconferencing may not be used as a regular form of participation; 24 hours notice to clerk; Member pays for telephone long distance charges unless absent on Borough business. KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006 - teleconference AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.17 RULES OF THE ASSEMBL SECTION 2.17.020 GENERAL RULES TO PROVIDE FOR TELECONFERENCING DURING ASSEMBLY MEETINGS WHEREAS, currently there is no provision in the Borough Code for assemblymembers to participate in assembly meetings by teleconference; and WHEREAS, Alaska Statutes 44.62.310 provides that attendance and participation at meetings by members of the governmental body may be by teleconferencing; and WHEREAS, the assembly is desirous that assemblymembers be able to participate by teleconference during assembly meetings: NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 2 Administration and Personnel Chapter 2.17 Rules of the Assembly Section 2.17.020 General Rules is hereby amended as follows: 2.17.020 General rules. A. Public meetings: All official meetings of the assembly shall be open to the public. The journal of proceedings shall be open to public inspection. B. Quorum: Four (4) members of the assembly shall constitute a quorum. Introduced by Assembly Requested by Assembly Drafted by Introduced: Public Hearing: Adopted: C. Absences: No member of the assembly may absent himself from any regular or special meeting of the assembly except for good cause. An assemblymember who is unable to attend a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, the chair shall cause the record to reflect the absence of the member and whether the absence is excused by the assembly. D. -- Teleconferencing: Attendance and participation of members of the assembly at assembly meetings may be by teleconference 1. -- Telephonic participation by assembly members is authorized during assembly meetings when an assemblvmember cannot physically attend the meeting. OR Telephonic participation by assembly members is authorized during assembly meetings when an assemblymember is physically absent from Kodiak. Kodiak Island Borough, Alaska Ordinance No. FY2006- Teleconferencing Page 1 of 2 The assembly member shall inform the clerk or mayor of his or her wish to participate by teleconference at least 24 hours prior to the meeting. OR The assemblymember shall inform the Assembly of his or her wish to participate by teleconference at a meeting prior to the teleconference. 3. -- An assembly member participating by teleconference shall be counted as present for the purposes of a quorum. . OR An assemblymember participating by teleconference shall only be allowed if the meeting is held with a quorum of members physically present.. An assemblymember participating by teleconference shall be deemed to be present at the assembly meeting and shall have the same right to participate in discussion and to vote on any matter as if physically present at the assembly meeting. The vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote. All votes shall be taken by roll cal vote. An assemblymember participating by teleconference shall not be charged for any telephone costs associated with the teleconference participation. OR An assemblymember participating by teleconference shall be charged for any telephone costs associated with the teleconference participation unless the assemblymember is absent on borough business. E. Rules of order: 'Roberts Rules of Order Current Edition" shall govern the proceedings of the assembly in all cases, unless they are in conflict with these rules. When such a conflict exists, this ordinance prevails. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2005 ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2006- Teleconferencing Page 2 of 2