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2008-05-15 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, May 15, 2008, 7:30 p.m., Assembly Chambers 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 A. *April 24, 2008 Special Meeting Minutes. 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter B. Proclamation C. Student of the Month 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS A. Kodiak Chamber of Commerce Budget Presentation B. Kodiak Island Convention and Visitor's Bureau Budget Presentation 9. PUBLIC HEARING A. Resolution No. FY2008 -36 Establishing the Minimum Amount of Funds to Be Made Available From Local Sources for the Kodiak Island Borough School District For the Fiscal Year Beginning July 1, 2008 and Ending June 30, 2009. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Mayoral Veto of Resolution No. FY2008 -34 Paying the Legal Fees Incurred by Defendants Kodiak Island Borough, Kodiak Island Borough Assembly, Assembly Members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes, and Mayor Jerome Selby, Each in His or Her Official Capacity, in the Lawsuit Stephens Vs. Kodiak Island Borough, Et AI, Alaska Superior Court Case No. 3K0 -07 -266 Cl. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 13. NEW BUSINESS A. Contracts — None B. Resolutions 1. Resolution No. FY2008 -35 Urging the Alaska State Legislature to Amend AS 39.50 So That Disclosure Requirements Are More Appropriate For Municipal Appointed Officers. C. Ordinances for Introduction 1. Ordinance No. FY2009 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal year Commencing on the First Day of July 2008 and Ending on the Thirtieth Day of June 2009 (Fiscal Year 2009 Budget.) 2. Ordinance No. FY2008 -20 Adding a Ballot Question at the Next Regular Municipal Election to be Held on October 7, 2008 on Whether to Exempt Municipal Officers and Candidates for Elective Office from the State of Alaska Public Official Financial Disclosure Law (AS 39.50), Effective in 2008, and to Require Instead that Municipal Officers and Candidates for Elective Office Annually and Upon Declaration of Candidacy or Taking Office Fill Out the 2007 Kodiak Island Borough Financial Disclosure Statement Form Used Prior to the AS 39.50 Amendments, and Follow Municipal Conflict of Interest Laws. D. Other Items — None. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Architectural /Engineering Review Board of March 5, 2008. 2. Fire Protection Area No. 1 Board Regular Meeting and Public Hearing of March 18, 2008. 3. Service Area No. 1 Board meeting of February 12, 2008. B. Reports 1. Kodiak Island Borough April 2008 Financial Report. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Special Assembly Meeting April 24, 2008 A special meeting of the Kodiak Island Borough Assembly was held April 24, 2008 in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Engineering & Facilities Director Woody Koning, Finance Director Karl Short, Clerk Nova Javier and Deputy Clerk Marylynn McFarland. CITIZENS' COMMENTS Peggy Tuttle, Rachel Nelson, Brian Himelbloom, and Mike Martin spoke in support access to North Star and encouraged the Assembly to vote for the schools' seismic upgrades. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Contract No. FY2008 -31 Kodiak Middle School Seismic Upgrade Phase II. BRANSON moved to authorize the manager to execute Contract No. FY2008 -31 Kodiak Middle School Seismic Upgrade Phase II with Brechan Enterprises, Inc., in the amount not to exceed $2,973.688.54. This Contract was for work at the Kodiak Middle School shown on the construction documents prepared by Jensen Yorba Lott, Inc. titled "Kodiak Middle School Seismic Upgrade ", dated April 27, 2007, and included structural, mechanical, electrical, and architectural work. Phase I of this Project was completed November 2007. Phase II will include seismic upgrades to the one -story section as well as improvements to the interior /exterior walls of the second story section. Roof replacement of areas not completed in Phase I, including the gym, will be accomplished in Phase II along with floor covering replacement as necessary. The Project was funded in part by monies from a FEMA PDM -C Grant; Bond Projects for Floor Covering Replacement and KHS /KMS Roof Upgrade and Legislative funds. The E/F Department has reviewed the bids and recommended that a contract for Seismic Upgrades at the Kodiak Middle School be awarded to Brechan Enterprises Inc. in an amount not to exceed $2,973,688.54. This amount included the Base Bid and Alternates 1 -5 for Phase II work only. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. Kodiak Island Borough April 24, 2008 Assembly Minutes Page 1 B. Contract No. FY2008 -32 Peterson Elementary Seismic Upgrade. FRIEND moved to authorize the manager to execute Contract No. FY2008 -32 Peterson Elementary Seismic Upgrade with Wolverine Supply in the amount not to exceed $537,000. This Contract was for the Seismic Upgrades to Peterson Elementary School as shown on construction documents prepared by Jensen Yorba Lott, Inc. The Project was expected to be partially funded by a pending FEMA HMGP Grant in the amount of $540,508.00. The E/F Department has reviewed the bids and recommended that a contract for the Peterson Elementary Seismic Upgrade Project be awarded to Wolverine Supply of Wasilla, Alaska in an amount not to exceed $537,000. This included the Base Bid and Alternates 1 and 2. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Stutes, and Abell. C. Contract No. FY2008 -33 Kodiak High School Library Seismic Upgrade BRANSON moved to authorize the manager to execute Contract FY2008 -33 Kodiak High School Library Seismic Upgrade with Janssen Contracting Co., Inc. in the amount not to exceed $550,700. This Contract was for the Seismic Upgrade to the KHS Library as shown on construction documents prepared by Jensen Yorba Lott, Inc. The project was funded in part by a FEMA HMGP Grant in the amount of $455,508. The E/F Department has reviewed the bids and recommended that a contract for the KHS Library Seismic Upgrade Project be awarded to Janssen Contracting Co., Inc. of Anchorage, Alaska in an amount not to exceed $550,700. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. D. Contract No. FY2008 -34 Approving a Memorandum of Agreement With the State of Alaska Department of Transportation and Public Facilities for Construction of a Portion of the North Star Elementary School Pedestrian Path. ABELL moved to authorize the manager to execute Contract No. FY2008 -34 with the State of Alaska Department of Transportation and Public Facilities for Construction of a Portion of the North Star Elementary School Pedestrian Path. The Kodiak Island borough and the State of Alaska will be entering into a memorandum of agreement (MOA) to allow the state to design and construct a portion of the pedestrian trail to North Star Elementary school. Approval of this contract will give the manager the authority to sign and start this important improvement. The State will add this project to an existing contract they have with one of the construction firms they are working with. The section of the trail that will be constructed has been identified by the North Star PTA and the School District as the most dangerous stretch along the proposed trail. Kodiak Island Borough Assembly Minutes April 24, 2008 Page 2 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, Branson and Friend. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, Friend, and Jeffrey. The special meeting adjourned at 8:05 p.m. ATTEST: KODIAK ISLAND BOROUGH Nova M. Javier, CMC, Borough Clerk Approved: Kodiak Island Borough April 24, 2008 Jerome M. Selby, Mayor Assembly Minutes Page 3 ECONOMIC DEVELOPMENT SPECIALIST ANNUAL REPORT Kodiak Island Borough May 15, 2008 Comprehensive Economic Development Strategy (CEDS): Each year the CEDS document is updated and reviewed by the CEDS Committee. Once the resolutions are received from the City of Kodiak, Kodiak Island Borough and Kodiak Chamber of Commerce the updated document will be forwarded to US Dept of Commerce EDA. In order for communities to receive federal funding, they are required to include their Capital Improvements Projects list in the CEDS. The Chamber continues to host quarterly CEDS committee meetings. The last CEDS meeting was held in conjunction with the Rural Leadership Forum and we had approximately 30 representatives from the rural communities in attendance. Our most recent topics of discussion included Fuel Cooperatives, Rockfish pilot program, and community planning. Kodiak.orq Website Revision — Plans are underway for a major revision to the kodiak.org website. Consideration is being given to provide web advertising opportunities to members of both the Chamber and the Kodiak Island Convention and Visitors Bureau. Since January 2008 we are averaging over 2000 visits per day to the website. Southwest Alaska Municipal Conference: Deb King continues to serve on the Southwest Alaska Municipal Conference (SWAMC) board of directors. The staff, in conjunction with Northern Economics, has completed the Seafood Harvesting Labor Data Project. The project is designed to develop a 5- year database of seafood harvesting labor data for state and federal waters. Future projects include the Southwest Alaska Rural Energy Project, Project for Environmental Preservation in Southwest Alaska, and Seafood Supply Chain Analysis. I gave a presentation at the SWAMC annual conference that focused on regional seafood marketing. Kodiak Branding and Marketing Committee: Work continues with the Kodiak Branding and Marketing Committee and the "Star of Kodiak" Quality Assurance Program. We received funding from the Alaska Fisheries Marketing Board and from the Kodiak Island Borough to continue the program. The Star of Kodiak video produced by Kodiak Resource Development has been used to promote the program and Kodiak wild salmon at numerous events. Last summer the program sponsored the 1 Salmon of the Season Celebration, a reception for a film crew from China, and attended the Global Food Alaska Expo in Soldotna. Recent Star of Kodiak events include Bill Barker's educational tour of the upper Midwest and sending a delegation to a meeting of the food purchasers of Casinos in the Pacific Northwest. The committee is currently working on a Salmon Celebration in the Pacific Northwest that will focus on the sustainability of Kodiak's fisheries. Small Business Workshop: On April 21 -23 I held a small business workshop with support from Kodiak College. The workshop received very favorable reviews from the 12 participants in attendance. Some of the topics covered included writing a business plan, financing your business, city sales tax, advertising, and small business accounting. We look forward to offering this workshop every two to three years to help foster the entrepreneurial spirit in Kodiak. Retail Meetings: Since last July I have held approximately 10 meetings with local retailers. From these meetings we instituted a shop local campaign. The highlight of the campaign was the Kodiak Gold Card, which a customer purchases and is then eligible for discounts. We currently have over 30 businesses participating in the program. Comfish Committee: I have attended a number of Comfish Committee meetings. The event has experienced lower participation from businesses, fishermen and the general public over the past number of years. The committee is tasked with finding ways to make the event more relevant to the needs of today's fishermen and become break -even at the same time. Kodiak College Advisory Council: Deb King continues to participate as the president of the Kodiak College Local Advisory Council, which meets on a monthly basis. The Local Advisory Council participated in the development of the College Facilities Master Plan, Showcase for Excellence and Commencement. Input from the group helps shape the focus and strategy of the College. Kodiak Fisheries Advisory Committee: I have facilitated 12 meetings of the Kodiak Fisheries Advisory Committee, a joint committee of the City of Kodiak and Kodiak Island Borough. The committee is made up of 18 appointed seats from all sectors of the fishing fleet and local community. The committee discusses issues facing the fisheries and possible effects they may have on the community. Over the past year the committee has forwarded draft resolutions on the need for a labor database for crewmen, a resolution urging crewmen be included in the NPFMC BSAI Crab discussions, and are currently working on a resolution asking for federal funding of the observer program. The committee continues to be a valuable venue for the exchange of information and ideas between the different sectors of Kodiak's fishing community. 400.0 - 350.0 300.0 Commercial Seafood Harvest Value & Volume Port of Kodiak 1990 - 2006 lbs. (mil.) —U —Total $ (mil.) —• —Total -w' MIIIIIIIIIII .44 AI 250.0 ,........ 200.0 Vr 150.0 100.0 50.0 - - --....--.-- .rte O 0/ 01 .- . 0) 0) r N 01 01 r' M V 0) 01 01 0) r- r' 10 CO 01 r' 10 0) 01 r- Is 0) 0) r- CO O1 0) — 01 0) 0) r- O 0 0 01 -- 0 0 N N M 0 0 0 0 01 01 V 0 0 01 10 0 0 01 10 0 0 N CHANGES IN THE AREA ECONOMY SEAFOOD (2007 Data Available in late June) Kodiak is consistently one of the top three fishing ports in the United States. The 2006 ex- vessel value of all fish coming into Kodiak was $106.2 million, up from $95.2 million in 2005, and volume in 2006 was 380.9 million pounds, up from 366.3 million pounds the year before. Although whitefish prices are very strong on the world market and the weak dollar has made our products very competitive overseas the rising costs of fuel may nullify any benefit the local fleet would have seen from the increases. Prospects continue to appear competitive for Alaska's salmon industry because of the large supply of farmed salmon in the world salmon markets. The expansion of the farmed salmon market has led to a decrease in the value of salmon permits and a lesser demand for the more expensive "wild" grown product. Kodiak's Top Employers — 2007 Name Employment 1 KODIAK IS BORO SCHOOL DIST 462 2 FEDERAL GOVERNMENT * 342 3 INTL SEAFOODS OF AK INC 251 4 TRIDENT SEAFOODS CORPORATION 250 5 OCEAN BEAUTY SEAFOODS 222 6 PROVIDENCE HOSPITAL 218 7 NORTH PACIFIC SEAFOODS INC 217 8 STATE GOVERNMENT 194 9 KODIAK CITY OF 159 10 SAFEWAY INC 139 11 WAL -MART ASSOCIATES INC 126 12 KODIAK AREA NATIVE ASSOC 119 13 GLOBAL SEAFOODS NORTH AMERICA LLC 102 14 UNITED STATES SEAFOODS 81 15 UNIVERSITY OF ALASKA 79 16 MC DONALD'S 60 17 KODIAK SUPPORT SERVICES 59 18 ICICLE SEAFOODS INC 52 19 BRECHAN ENTERPRISES INC 51 20 KODIAK INN INC 47 20 ISLAND FISH CO LLC 47 EMPLOYMENT Kodiak's average annual unemployment rate in 2007 decreased to 6.0% from 7.7% reported in 2006. The average number of jobs increased from 5712 to 5816 in 2007 and the size of the active work force increased to 6190 from 6167 in 2006. The unemployment rates for 2007 went from a low of 4.6% in August to a high of 9.4 % during December. These wide fluctuations in employment continue to be a challenge for the community. * The large gain in Federal Employees is due to under reporting by the state in previous years of Federal Employees on the Coast Guard base. Notes: USCG Personnel and commercial fishermen are not included. Cost of Living Several studies exist for the purpose of comparing the cost of living between cities in Alaska and around the country. Because of differences in methodologies used to determine cost of living statistics, each survey shows a different result when comparing costs between locations. 150 - 140 130 120 110 - 100 - 90 - 80 123.4 Comparative Cost of Living 1st Quarter 2008 ACCRA Survey 126.6 Kodiak Anchorage 133.3 100 Fairbanks Juneau Nat'l Ave. (Juneau did not report 1st quarter data) In the American Chamber of Commerce Researchers Association (ACCRA) cost of living study, a standardized list of 58 items is priced during a fixed period of time. The average price data for each reporting city is then converted into an index number which is used for comparative purposes. The data compares approximately 300 urban areas. It does not take into account local tax burden or income levels, and is only intended as a comparison of prices relative to a national average. Three Alaskan cities are included in the most recently published ACCRA study: Anchorage, Fairbanks, and Kodiak. Juneau has reported sporadically over the years, but didn't report last quarter. Kodiak Island Borough Population 1987 - 2007 18,000 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000 0 0 ti Source: AK 0 4 4 cP 9ti 4 4' 0 h ,.0' ,,:b r. 1 , 0 ' % 4 , 4 ,,, Dept of Community & Economic Development 9 ro 9 A 9 % 9 0 O o O N O` A. „ „c �o ti0 do %o a O` O ry 1 O O 0 % d POPULATION According to the Alaska Department of Labor, the estimated 2007 population of the Kodiak Island Borough is 13,568, going up slightly from the estimated 2006 population of 13,506. Population has remained virtually steady since 1997 when the estimated population was 13,648. School population has remained virtually steady over the last 2 years (2650) with a slight increase in population in the village schools. BANK DEPOSITS Bank deposits held steady in 2007 at approximately $141 million. This includes deposits from Kodiak's three commercial banks. Because this is a "snapshot" taken on June 30th of each year, it may not accurately reflect the economic situation brought about by the variability of the different fishing seasons. SALES Gross sales receipts for the City of Kodiak increased by 6.5 %, going from just over $362 million in 2006 to over $385 million in 2007. Retail sales to consumers increased going from approximately $142.6 million in 2006 to $152.4 million in 2007 an increase of 6.9 %. $130,000,000 $120,000,000 $110,000,000 $100,000,000 $90,000,000 $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 v Q City of Kodiak Total Sales Receipts 1st quarter 1994 to 4th quarter 2007 —quarterly receipts 4 quarter average O (0 0 0 0 0 a c • Q c C a cr r. 0 0 c 0 0 0 O . b .b .b Q L. Q N N N CO N 0 N N N 0 N 0 0 0 PROPERTY VALUES Property assessments have increased from last year due to new construction and other property just now becoming taxable. A consistent pattern of reappraisals, and the standardization and increased quality of both the real and personal property rolls has continued. Taxable value of real and personal property for FY2008 is $836,447,789 an increase of $27,211,387 (3.3 %) over FY2007's value of $809,236,402. Achievements 2007 -2008 Ko Idand Convention Y Visitor, Bureau Kodiak Island Convention & Visitors Bureau 2008 -2009 Budget Presentation and Report to the Kodiak Island Borough May 15, 2008 Our Mission: The purpose of the Kodiak Island Convention & Visitors Bureau shall be to promote sustainable development of the tourism industry throughout the Kodiak Island Borough, thereby increasing economic opportunities, jobs, and local tax revenues. The Bureau encourages travel by the public to and through the Kodiak Island Borough and maintains a continuing interest in the well -being of visitors to the area. • Completion of the Kodiak Island DVD, which is being distributed and shown for promotional purposes. To date approximately 350 DVD's have been distributed, sold or wholesaled to members for resale at their businesses. It is used for recruitment and educational purposes by many of Kodiak's largest employers including Providence Kodiak Island Medical Center, the school district and the U.S. Coast Guard. Creates another small income stream for the KICVB and our member businesses. • Completion of the Bruce Nelson postcard. This proprietary product is sold in the visitor center both retail and wholesale to our members who resell it at their businesses. Creates another small income stream for the KICVB and our member businesses. • Completed hiring of new staff. As of this summer the KICVB has a completely new team, including member services specialist Georgene Inga from Old Harbor who brings a new perspective to the KICVB on Native cultures and tourism development in the villages. • Developed new website, which will go live in the summer of 2008. The new website includes enhanced coverage of all aspects of Kodiak but special attention has been given to the villages, family travel, winter travel and recreational opportunities as well as eco- tourism such as kayaking, hiking, birding and wildlife viewing. The website will be a tool that continues to evolve along with tourism on Kodiak Island. • Committed to continued outreach to the entire Kodiak Island Archipelago and outlying villages. The Board of Directors and staff traveled to Ouzinkie on May 8 to meet with city and tribal leaders to discuss the potential for tourism in their community. This visit is the first in a series of trips to outlying communities to assist with the development of tourism and/or to educate existing businesses on marketing opportunities available through the KICVB. • Regular publication of "Bear Tracks," the informational newsletter published by KICVB. It is now consistently emailed each month to KICVB membership, government officials and interested parties. In addition to "Bear Tracks" there is regular communication with membership regarding legislative action that directly impacts tourism in the state of Alaska and Kodiak. Opportunities for advertising and other promotional opportunities are sent periodically as well. • Successful completion of a B &B Crawl. KICVB coordinated a community open house to member bed and breakfasts. • Partnered with Chamber of Commerce to Product "Cruise Ship Coupons" to help stimulate retail sales during cruise ship calls. • Created performance opportunities and revenue for nonprofit organizations in conjunction with cruise ship visit. • Coordination of media visits. KICVB coordinated a visit by the BBC in late April. The broadcasting company was in town for three days filming "Fry in America," a documentary with a very popular British actor who visited every state in the U.S. • Mailed 10,000 visitor guides worldwide from the visitor center and distributed thousands more through the statewide affiliations with other convention and visitors bureaus and agencies as well as Ted Stevens International Airport. • Attended the 2008 Great Alaskan Sportsman's Show in Anchorage and distributed 1,500 visitor guides during this three -day event. • Maintained presence with state legislature through testimony before Senate subcommittees relevant to statewide tourism budget. Also attended Southwest Alaska Municipal Conference. Maintained partnership with the Alaska Travel Industry Association. • Served approximately 7,000 visitors at the Marine Way visitor center. Strategic Planning Highlights: Each year the Board of Directors meets in retreat to discuss the future of tourism and priorities for the Kodiak Island Convention & Visitors Bureau. These are highlights from that retreat. Planning 1. Emphasize sustainable tourism while maintaining quality of life on Kodiak Island 2. Assess services available and needed in Kodiak for successful integration of tourism with commercial fishing and community life 3. Take a leadership role in planning tourism on Kodiak Island. Involve community in all aspects of planning and discussion. 4. Outreach to villages 5. Partner with Chamber of Commerce whenever feasible Marketing 1. Emphasize cultural tourism; improve coverage of villages in visitor guide /website 2. Emphasize activities for non - fishing visitors, e.g., hiking, bird watching, whale watching, kayaking, family travel 3. Educate members and visitors on activities /events throughout the Kodiak Archipelago Projects Kodiak Island Convention & Visitors Bureau 2008 -2009 Budget Presentation and Report to the Kodiak Island Borough May 15, 2008 Looking Toward the Future 1. Partner with appropriate agencies and governments to revitalize Kodiak Airport 2. Plan a Kodiak event for the 50` anniversary of Alaska 3. Encourage visitor friendly signage 4. Pursue open air arts and crafts market 5. Develop proprietary products to sell in visitor center with a goal of increasing revenue stream REVENUES Public Funding City Grant -- General Borough Grant Other Grants & Donations TOTAL PUBLIC FUNDING Membership Support Membership Dues Airport Brochure Racks Label Program Meetings & Events Fees Trade Shows -- Brochures Visitor Guide Advertising Website Advertising Walking Map Advertising TOTAL MEMBERSHIP SUPPORT Earned Income Fundraising Income Interest Income Other Revenue VIC /Retail Sales Wholesale sales Total Earned Income KODIAK Island convention a v;ei,or9 Bureau KODIAK ISLAND CONVENTION & VISITORS BUREAU DRAFT Budget 2008-2009 May 15, 2008 $ 85,000.00 $ 55,000.00 $ 140,000.00 $ 42,800.00 $ 3,360.00 $ 3,120.00 $ 1,000.00 $ 800.00 $ 72,000.00 $ 4,000.00 $ 1,120.00 $ 128,200.00 $ 140,000.00 $ 128,200.00 $ 10,000.00 $ 200.00 $ 2,000.00 $ 13,000.00 $ 1,800.00 $ 27,000.00 $27,000.00 TOTAL REVENUES $ 295,200.00 EXPENSES DRi%FT Convention Development Marketing /Advertising $1,500.00 Marketing /PR $500.00 Collateral Materials $650.00 Travel $0.00 Postage $500.00 Phone $370.00 TOTAL CONVENTION DEVELOPMENT $3,520.00 Tourism Development Advertising $ 13,000.00 Marketing/Public Relations $ 6,500.00 Collateral Materials $ 1,560.00 Postage $ 6,000.00 Phone $ 3,800.00 Trade Shows $ 12,000.00 Travel $ 1,450.00 Dues & Subscriptions $ 400.00 Membership /Marketing $ 13,800.00 VIC Expenses $ 5,900.00 Visitor Guide Expense $ 50,000.00 TOTAL TOURISM DEVELOPMENT $ 114,410.00 MEMBERSHIP Collateral Materials $ 1,100.00 Postage $ 600.00 Phone $ 650.00 Membership Meeting $ 1,000.00 Travel $ 650.00 Total Membership Expenses $ 4,000.00 OPERATING EXPENSE Salaries $ 101,000.00 Benefits /Payroll Taxes $ 44,000.00 Employment Costs $ 750.00 Professional Services $ 20,520.00 Postage $ 985.00 Phone $ 980.00 Copier Lease $ 2,400.00 Equipment Repair $ 300.00 Fundraising Expense $ 3,000.00 Insurance $ 2,750.00 Local Meetings & Mileage $ 250.00 $ 3,520.00 $ 114,410.00 $ 4,000.00 EXPENSES (CON'T) Office Supplies $ 3,000.00 Rent & Utilities $ 6,500.00 Equipment $ 500.00 TOTAL OPERATING EXPENSE $ 186,935.00 $ 186,935.00 TOTAL EXPENSES $ 308,865.00 TOTAL REVENUES $ 295,200.00 TOTAL BUDGET DEFICIT $ (13,665.00) DRAFT KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 15, 2008 REGULAR MEETIN STEM _NCB: 9.A TITLE: Resolution No. 2008 -36 Establishing the Minimum Amount of Funds to Be Made Available Fro Loca - . urces for the Kodiak Island Borough School District For the Fiscal Year Be. ' ing July 1, 2008 and Ending June 30, 2009. SUMMARY: KIBC 3.08.030B provides that the school district shall submit to the manager the proposed budget and local support requirements for the school by the 30 of April. The School Board submitted their Budget on April 30, 2008. Alaska Statutes 14.14.060c provides that if the assembly does not, within 30 days, furnish the School Board with a statement (resolution) of the sum to be made available, the amount requested in the School Board budget is automatically approved. Per Borough Code, the Assembly determines the total amount of money to be made available from local sources for school purposes and shall furnish the School Board with a statement (resolution) of the sum to be made available. KIBC 3.08.050 provides that by June 10 the Assembly shall appropriate the amount to be made available from local sources for that purpose in the Borough budget. The School Board has ked fo 35,481, 97,8 from t rou g h. h Borou s 20raft budget is $35,121,184 or $360 794 ess t n t ool Boa equeste FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No Y2008 -36. CORRECTED VERSION A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ESTABLISHING THE MINIMUM AMOUNT OF FUNDS TO BE MADE AVAILABLE FROM LOCAL SOURCES FOR THE KODIAK ISLAND BOROUGH SCHOOL DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008 AND ENDING JUNE 30, 2009 WHEREAS, Kodiak Island Borough Code of Ordinances 3.08.030B provides that the Kodiak Island Borough Board of Education shall submit the proposed budget and local support requirements for the schools by the thirtieth of April; and WHEREAS, the Kodiak Island Borough Board of Education submitted their proposed budget and local support requirements for the schools on April 30 and WHEREAS, within thirty days after receipt of the school district budget, the assembly shall determine the amount of funds to be made available from local sources for school purposes and shall furnish the Board of Education with a statement of the sum to be made available; and WHEREAS, the Board of Education has submitted a proposed budget of $35,481,978 that includes a Kodiak Island Borough contribution for FY2009 of $10,307,684, of which $9,395,334 is appropriation and $912,350 is for in kind services; and WHEREAS, the amount of funds to be appropriated from local sources for school purposes will be incorporated into Ordinance No. FY2009 -01, the Borough's fiscal year 2009 appropriation and tax levy ordinance; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the minimum amount for the Kodiak Island Borough School District education operating budget for the fiscal year ending June 30, 2009 is set at $35,121,184 $35,481,978 including a Kodiak Island Borough local contribution of $946890 $10,307,684, of which $804A $9,334,834 is cash and $1,013,850 $972,850 is in -kind services. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that a determination regarding additional funding may be made available to the Kodiak Island Borough School District based upon federal, state, and local funding available for the fiscal year ending June 30, 2009. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH any in -kind service expenditures over the budgeted amounts will have to be absorbed by the Kodiak Island Borough School District. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -36 KODIAK ISLAND BOROUGH Requested by: KIB Board of Education Drafted by: Finance Director Introduced: 05/15/2008 Public Hearing: 05/15/2008 Adopted: Kodiak Island Borough, Alaska Resolution No. FY2008 -36 Page 1 of 1 Requested by: KIB Board of Education Drafted by: Finance Director Introduced: 05/15/2008 Public Hearing: 05/15/2008 Adopted: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -36 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ESTABLISHING THE MINIMUM AMOUNT OF FUNDS TO BE MADE AVAILABLE FROM LOCAL SOURCES FOR THE KODIAK ISLAND BOROUGH SCHOOL DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008 AND ENDING JUNE 30, 2009 WHEREAS, Kodiak Island Borough Code of Ordinances 3.08.030B provides that the Kodiak Island Borough Board of Education shall submit the proposed budget and local support requirements for the schools by the thirtieth of April; and WHEREAS, the Kodiak Island Borough Board of Education submitted their proposed budget and local support requirements for the schools on April 30 and WHEREAS, within thirty days after receipt of the school district budget, the assembly shall determine the amount of funds to be made available from local sources for school purposes and shall furnish the Board of Education with a statement of the sum to be made available; and WHEREAS, the Board of Education has submitted a proposed budget of $35,481,978 that includes a Kodiak Island Borough contribution for FY2009 of $10,307,684, of which $9,395,334 is appropriation and $912,350 is for in kind services; and WHEREAS, the amount of funds to be appropriated from local sources for school purposes will be incorporated into Ordinance No. FY2009 -01, the Borough's fiscal year 2009 appropriation and tax levy ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the minimum amount for the Kodiak Island Borough School District education operating budget for the fiscal year ending June 30, 2008 is set at $35,121,184 including a Kodiak Island Borough local contribution of $9,946,890, of which $8,933,040 is cash and $1,013,850 is in -kind services. The Kodiak Island Borough School District can use their fund balance to increase their budget to their reflected level. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that a determination regarding additional funding may be made available to the Kodiak Island Borough School District based upon federal, state, and local funding available for the fiscal year ending June 30, 2009. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2008 Nova M. Javier, cMC, Borough Clerk KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2007 -36 Page 1 of 1 April 30, 2008 Mr. Rick Gifford, Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Gifford: Kodiak Island Borough School District 722 Mill Bay Road Kodiak, Alaska 99615 Office of the Superintendent (907) 481-6200 CE APR 3 C 2008 IL L J ) I RIB MANAGER The Kodiak Island Borough School District Board of Education approved the FY 09 School District budget at a Regular Meeting held Monday, April 28, 2008, in the amount of $35,481,978, with a request for Borough support in the amount of $10,307,684, of which $912,350 is in -kind services and $9,395,334 is appropriation. Board Members held work sessions beginning in January 2008 to review sources of revenue to fund education, to discuss the budgets proposed by building and program administrators, and to provide direction for administration in the budget development process. Offering students the best education we can provide is our primary consideration. Our revenue is based on House Bill 273 which included a base student allocation (BSA) value of $5,480; an intensive needs multiplier of nine (9) times the BSA; and 1 /2 ISER funding through the district cost factor. It is also important to note, that barring a governor's veto, KIBSD will receive a current year fuel subsidy of $443,085. The budget process began with a no growth, rollover budget. Additional costs included negotiated salary increases; a 9.5% increase to health insurance premiums; and substantial increases to fuel costs. As a result, our total expenses amounted to $36,369,725. We have since made cuts of $887,747 in order to present a balance budget to the Borough Assembly. However, as we continue to monitor market - driven operational costs, more cuts are looming. We have received updated claims information for our self - funded health care plan, which will require us to budget premiums at a 13.1% increase. Furthermore, we are continuing to monitor fuel costs (see utility chart on page 51 -A). In January, we paid $2.73 per gallon, and thus budgeted at $3.20 per gallon. Unfortunately, our .47 cent increase does not appear to be enough as fuel prices continue to climb. This month, KIBSD paid $3.37 per gallon for all town schools. As this upward trend continues, we are faced with the reality of budgeting fuel at $4.00 per gallon. These operational costs will force us to make additional cuts of approximately $350,000; further validating our need to request the maximum allowable contribution. Attached is a copy of Board member Norm Wooten's presentation made at a March 17, 2008, meeting as well as a full copy of the District's FY 09 budget document. Board members are interested in working with the Borough Assembly as they deliberate on the School District's request. Sincer Larry LeDo Superinte Attachments W 0, w co w cr co CD CL } L W 1 Z J } N LL Q J o O o o O O co O 0 0 0 0 0 0 ✓ 0 0 0 0 0 Mtn o 000 M M 0 0 0 0 t f) N O N O C0 M 0) N V' N 0) 0 0 O O O O o n O 000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 000 00 (0 4 O 0 LO0000 L0, 0 (0 0 ( 9 0 0 0 0 CO 0 o M O N O V N 0 0) 0 ti LO O) 0 00 r- 0) 0 _O 0 CO CO N N LO 0 0 L. tf) 1- O) 10 O 4 N- co 0 to 00O L000 0) 0 M co tf) ▪ 0 O1 � N CO N CO 0) (0 0) N O O 0) W M V .- r` E O 8 (0 Q ,O F O U a) N c ¢ midi E LL C • Y 4) 4) N al 4) c tc C • o) a) E • 0 = ✓ ` w C 4) O) } 4) o ` A ` ox a 4) • J E 0) r :,0 LE O) C 7 4) ci) c E E v o, . E `5'� o . • E N ' N C 4) . 4) 4) (15 .0 L o w ` O O O O c 0) Ln co � on c CO CO N O 1.0 N CO "Cr N- W h. '- N- I� CO 4) t 4.) a) t 0 a 7 U C U) O U N C 4) `O m E rZ C U - 5 0) � I- - 5 o m m c. 4) 0U c c oE.D D o woo 0 0 O co O O O O O O O O O O O 0 0 0 0 0 0 O O O 1.0 to 0 o O CO (.0 Lt) 0 0 0 0 0 0 LO 0 0 0 O 00 0 0 0 tf) Lf) c) CO CO 0 0) 0 V 0) r- N- 10 co t+) O V r- 0) N N 0 'Cr LO R '- O f- OOty) M V CO O i0 W r) ;O 15 15 .0 0. a E E D II N 7 D I II. x06 .0 U I m a -o m ▪ w C ` U U 2 4) 0 . L4 0 °U) 1 1 ) D U • U N N a0. m2EE O O 0 0 O 0 O O O O O O V Lf) 0 O C') CO t/) '.m DESCRIPTION Superintendent Asst. Superintendent Principal- Asst. /Head Tchr Managers /Directors -Cert. Teachers Specialists -Cert. Extraduty Pay -Cert. Sub - total Certificated Salaries Managers /Directors - Class. Board Stipends Aides Support Staff Specialists/TEA's -Class Maintenance /Custodial Staff Extraduty Pay - Class. Overtime Substitutes/Temporary Sub - total Classified Salaries Salary/Benefit Contingency Insurance - Health & Life Unemployment Insurance Worker's Compensation Fica /Medicare Contribution TRS PERS Other Employee Benefits Sub - total Fringe Benefits Life Guard Services Profl/Technical Services Inkind Services Staff Travel /Perdiem Student/Chaperone Travel Extra Curricular Travel Electricity Fuel- Heating & Cooking Water & Sewer Garbage Communications /Postage Other Purchased Services Student Catastrophic Liability I Supplies /Media /Materials Maintenance Supplies Janitorial Supplies Warehouse Inventory Adj. Gas & Oil (Vehicles) Tuition Other Expense Unallocated Expense Building Improvements Equipment Transfers to Other Funds Reimbursable Expenses Sub - total Non - Personnel Costs Total General Fund 109,687 881,295 424,490 10,520,986 986,103 109,933 13,032,494 187,687 12,000 1,011,435 1,523,318 27,975 1,161,075 42,965 30,730 213,840 4,211, 025 2,546,804 10,136 267,168 488,499 2,716,533 555,622 125,037 6,709,799 5,670 137,135 837,750 220,437 53,005 296,364 928,680 726,411 82,130 106,041 457,407 345,388 1,362 913,967 191,754 62,593 3,865 15,911 170,071 20,290 394,596 297,447 1,000 6,269,274 30,222,592 114,296 915,854 523,500 10,825,028 1,101,293 115,358 13,595,329 186,116 12,200 1,153,210 1,651,499 26,926 1,210,672 48,428 63,729 266,702 4,619,482 3,141,620 17,112 234,821 530,751 3,399,554 791,537 145,588 8,260,983 9,192 84,360 895,459 209,878 31,761 276,413 922,124 840,782 83,590 119,805 711,842 449,248 1,634 881,781 169,896 69,627 3,127 17,804 169,934 12,874 174,080 313,769 6,448,980 32,924,774 105,000 100,920 965,312 420,688 11,447,888 1,285,272 111,431 14,436,511 185,706 12,000 1,253,606 1,840,824 4,196 1,260,666 43,688 24,131 207,502 4,832,319 161,847 4,402,618 48,093 245,856 557,515 1,810,713 1,000,710 133,850 8,361,202 7,500 158,886 912,350 267,112 42,424 251,282 1,063,252 815,576 101,724 107,910 954,758 386,370 2,000 1,136,692 187,934 55,000 17,300 149,526 16,692 424,169 383,631 7,442,088 35,072,120 107,625 104,864 990,193 402,428 11,652,048 1,275,082 112,014 14,644,254 180,960 12,000 1,143,594 1,910,733 2,900 1,253,029 46,270 63,387 236,057 4,848,930 119,567 4,978,751 48,254 246,098 564,404 1,836,810 998,429 133,850 8,926,163 7,500 182,546 912,350 239,422 17,800 274,300 1,264,896 1,120,593 117,618 113,160 920,513 330,436 2,500 811,841 170,000 55,000 22,000 85,787 16,500 247,869 150,000 7,062,631 35,481,978 2,625 3,944 24,881 (18,260) 204,160 (10,190) 583 207,743 (4,746) (110,012) 69,909 (1,296) (7,637) 2,582 39,256 28,555 16,611 (42,280) 576,133 161 242 6,889 26,097 (2,281) 564,961 I 4,700 23,660 (27,690) (24,624) 23,018 201,644 305,017 15,894 5,250 (34,245) (55,934) 500 (324,851) (17,934) (63,739) (192) (176, 300) (233,631) (379,457) 409,858 FY06 ACTUAL FY07 ACTUAL WINTER REVISED FY2008 BUDGET PROPOSED FY2009 BUDGET Amount of Change Over FY08 April 2008 Requests from Schools ➢ Certified 1 Tech KHS 1 Elective KHS . 5 Counselor Rural 1 Literary Coach KMS 1 Math Curriculum Specialist .5/.5 Sp. Ed. Main /Assistive Tech 1 Science Specialist 1 Visual Arts Elementary 1 Transitional Kindergarten .5 Occupational therapist 2 Educational Technologists RTI Coordinator Drug and Alcohol Coordinator 1 PE teacher Elementary 1 Music Teacher Elementary ➢ Classified 8 hr Family Liaison ELAP New Immigrant Center 8 hr Wellness /Fitness Coordinator 4 hr Secretary KMS 7 hr ELAP Parent Facilitator 6.5 hr Hall Monitor KHS 7 hr. Paraprofessional Trainer 6 hr ELAP aide Main 8 hr Rural Computer Tech 8 hr Human Resource Specialist Personnel Increases (To Meet Mission) 1 Education Tech 1 KHS Teacher .5 Rural Counselor 1 Wellness /Fitness Coordinator Non Personnel Increases (Operational) Fuel (estimated at $3.20 per gallon for town schools) Electricity (estimated at .23 per kilowatt for town schools) Health Insurance (9.5% increase to premiums) Personnel Reductions 1 Central Office Administrator 1 Central Office Curriculum Coordinator 1 Middle School Teacher 1 Rural School Teacher Miscellaneous Classified Time Non Personnel Reductions 15% Reduction to District -Wide Equipment/Supplies KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 15, 2008 REGULAR MEETING ITEM NO: 12.A TITLE: Mayoral Veto of Resolution No. FY2008 -34 Paying the Legal Fees Incurred by Defendants Kodiak Island Borough, Kodiak Island Borough Assembly, Assembly Members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes, and Mayor Jerome Selby, Each in His or Her Official Capacity, in the Lawsuit Stephens Vs. Kodiak Island Borough, Et Al, Alaska Superior Court Case No. 3K0 -07 -266 Cl. SUMMARY: Mayor Selby submitted the attached memo dated May 6, 2008 vetoing Resolution No. FY2008- 34. KIBC 2.15.060 Veto. A. Except as provided in C of this section, the mayor may veto an ordinance, resolution, motion, or other action of the assembly and may strike or reduce appropriation items except for school budget items. B. A veto must be exercised before the next regular meeting of the assembly and must be accompanied by a written explanation of the reasons for the veto. A veto may be overridden by a vote of two - thirds (2/3) of the authorized membership of the assembly within twenty -one (21) days following exercise of the veto, or at the next regular meeting, whichever is later. C. The veto does not extend to: 1. appropriation items in a school budget resolution /ordinance; 2. actions of the assembly sitting as the board of adjustment; or 3. adoption or repeal of a manager plan of government. This veto may be overridden by a vote of two - thirds of the authorized membership of the Assembly which is five members. If you wish to override the veto, the motion below is appropriate: Move to override the mayoral veto on Resolution No. FY2008 -34. If you do not make a motion, the mayoral veto stands and official record will reflect Resolution No. FY2008 -34 failed by veto. MEMO TO: KIB Assembly FROM: Jerome M. Selby, Mayor DATE: May 6, 2008 SUBJECT: Veto of Resolution No. FY2008 -34 Kodiak Island Borough Office of the Borough Mayor 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 I hereby veto Resolution No. FY2008 -34 for several reasons. This resolution contains several error of fact, has a number of procedural issues and is a total misrepresentation of the status of the legal fees involved in this case. With regards to the errors of fact, these would have been corrected by referral to the Borough Attorney. This is also one of the procedural issues. Any resolution dealing with legal matters should always be reviewed by the Borough Attorney before being considered by the Assembly. This is why an Attorney is retained and is one of the tasks in the contract with the Attorney. The Assembly is ill advised to bypass the Attorney on any legal matter. The other procedural issue that needs improvement is the way this resolution was brought forward. The Assembly is a public deliberative body which needs to operate in an open and transparent environment. This resolution was inserted by bypassing the agenda setting process, bypassing the Borough Attorney, and discouraging any discussion by the Assembly in an open dialogue with the Attorney present. While it was obviously a controversial resolution, it needs to be handled by the usual procedure. Third procedural issue is that there are conflict of interest issues. The three Assembly members seeking to pay their private Attorney fees with public money have a direct financial gain in the vote, which is the definition of a conflict of interest. By State of Alaska law, they should not have voted on this resolution. Fourth, even if the bill were to be paid, the hourly rates are significantly higher than the Borough Attorney. The rate should be the same. Page 1 of 3 And the final procedural issue is the attempt to bypass judicial review of the fees. There is a court process for asking for fees in connection with litigation. The original plaintiff has asked that his fees be paid and has brought a motion to do so to the court. The motion was presented to the judge that decided the case. The judge will review the request and determine the correct amount of fees. The three Assembly members should follow the same process for their fees so the judge could review the request and determine the correct amount. With regard to misrepresentation, we need to review what transpired in this case. A lawsuit was filed against the Kodiak Island Borough, Kodiak Island Borough Assembly, and each Assembly member and the Mayor, "each in his or her official capacity only." Since the KIB and Assembly were being sued, the case was automatically sent to the Borough Attorney who is under contract for this very purpose. The Borough Attorney is paid under the terms of his contract with KIB for all services rendered in the defense of all parties named in the lawsuit. Subsequent to an executive session with all Assembly members, the Mayor and the Borough Attorney, the Borough Attorney moved ahead with a defense of all parties in the suit. This was the only defense that took place in this lawsuit. Also, subsequent to the executive session, with no discussion or notice to the other parties, three Assembly members went out and retained an attorney not to defend the Borough or themselves but to join the plaintiff in the lawsuit against the KIB, KIB Assembly, and all seven Assembly members and the Mayor. Essentially, they too were suing the Borough. Apparently they thought they could commit KIB resources for this purpose. It is noteworthy that the paperwork filed by this attorney does not say they joined the plaintiff as Assembly members; only individual names are listed. There have been numerous attempts to make it appear that hiring an unauthorized private attorney to join a lawsuit as a plaintiff against the KIB is the same as a Borough Attorney defense of the KIB against a plaintiffs lawsuit. This is NOT the same thing and attempts to make it appear the same are a misrepresentation. The final reason for this veto is to answer a set of questions that should have been asked at an Assembly discussion before an outside attorney was hired. First, was there any legal risk to individual Assembly members in this lawsuit? Answer: No, the Assembly was being sued as a body for not acting as a group to remove an Assembly member. Second, was there any need to hire an Attorney to join the plaintiff and did it add anything to the legal issues? Answer: No and no. The Judge only referred to the original plaintiffs actions. Third, did the community benefit or somehow gain something of value from the expenditure of money on this private attorney's bill? Answer: No, there was no value to anyone in the Kodiak Island Borough from this bill and the money would be used much better to buy school books or any of 100 other purposes that would benefit the community. Page 2 of 3 This entire lawsuit was an attempt to force a personal agenda onto the community. The decision to select and remove Assembly members is a right and responsibility of the voters and should remain in the voter's hands except in extremely unusual circumstances. This case presented no such extreme circumstance. Personal agendas have no place in the public decision making process. Payment for attorneys to try to force personal agendas onto the public has no value to the public and therefore should not be paid by the community. This private attorney was retained outside of the KIB procurement process and public decision making process for the purpose of forcing personal agendas that have no place and no value in the community. As such, the community has no obligation or responsibility to pay and no payment should be approved. Page3of3 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -34 Introduced by: Requested by: Drafted by: Introduced: Adopted: Vetoed: Assembly Member Abell Assembly Member Abell Assembly Member Abell 05/01/2008 05/01/2008 05/15/2008 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH PAYING THE LEGAL FEES INCURRED BY DEFENDANTS KODIAK ISLAND BOROUGH, KODIAK ISLAND BOROUGH ASSEMBLY, ASSEMBLY MEMBERS TOM ABELL, PAT BRANSON, JERROL FRIEND, SUE JEFFREY, CHRIS LYNCH, REED OSWALT, AND LOUISE STUTES, AND MAYOR JEROME SELBY, EACH IN HIS OR HER OFFICIAL CAPACITY, IN THE LAWSUIT STEPHENS VS. KODIAK ISLAND BOROUGH, ET AL, ALASKA SUPERIOR COURT CASE NO. 3K0 -07 -266 CI. WHEREAS, a lawsuit was filed in Stephens vs. Kodiak Island Borough, et al, Alaska Superior Court Case No. 3K0 -07 -266 CI, that challenged Sue Jeffrey's retention of her seat based upon the language found in Kodiak Borough Ordinance 2.16.040.A.4; and WHEREAS, Plaintiff Melvin Stephens' injunction requested that the court order the Borough Assembly to vacate Sue Jeffrey's seat; and WHEREAS, the court issued an injunction on November 27, 2007, requiring Ms. Jeffrey to immediately vacate her assembly seat, and prohibited Ms. Jeffrey from participating as an assembly member until her seat was vacated; and WHEREAS, the Assembly acted on the court order and vacated Ms. Jeffrey's seat at its next meeting on December 6, 2007, and WHEREAS, Sue Jeffrey was appointed as an Assembly Member to the vacant seat on December 27, 2007; and WHEREAS, the court issued an order for final judgment in the case on April 4, 2008; and WHEREAS, because of a difference in opinion of the appropriate response to the Plaintiffs allegations, Kodiak Island Borough Assembly Members hired two separate attorneys to represent their interests in defense of the case Stephens Vs. Kodiak Island Borough, et al, Alaska Superior Court Case No. 3K0 -07 -266 CI; and WHEREAS, Kodiak Island Borough Resolution 1997 -42 provides that "the assembly shall seek alternative counsel to represent the Borough when conflicts of interest arise," and WHEREAS, Pat Branson, Jerrol Friend, Chris Lynch, Sue Jeffrey, and Kodiak Borough Mayor Jerome Selby, in their official capacity, hired the law firm of Jamin, Schmitt & St. John to represent their interests and oppose the Plaintiffs complaint; and WHEREAS, Tom Abell, Reed Oswalt, and Louise Stutes, in their official capacity, hired the law firm of Clapp, Peterson, Van Flein, Tiemessen & Thorsness to represent their interests because they did not agree with the approach to the lawsuit taken by Jamin, Schmitt & St. John and therefore a conflict of interest existed; and Kodiak Island Borough Resolution No. FY2008 -34 Page 1 of 2 WHEREAS, the approach to the Plaintiffs claims as advocated by Tom Abell, Reed Oswalt, and Louise Stutes, in their official capacity, was adopted by the court; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the legal fees of the law firm of Jamin, Schmitt & St John shall be paid in full at the rate of $150 per hour for representation, in accordance with the contract they have signed with the Kodiak Borough Assembly; and NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the legal fees of the law firm of Clapp, Peterson, Van Flein Tiemessen & Thorsness shall be paid in full at the rate of $200 per hour for representation, as specified at the outset of the litigation. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIRST DAY OF MAY, 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Resolution No. FY2008 -34 Page 2 of 2 TITLE: Resolution No. FY2008 -35 Urging the Alaska State Legislature to Amend AS 39.50 So That Disclosure Requirements Are More Appropriate For Municipal Appointed Officers. SUMMARY: Many of the disclosure provisions based on the AS39.50 amendments effective in 2008 as well as the 2008 Financial Disclosure Statement form impose extensive record keeping requirements, are intrusive, have become unduly burdensome, and may require financial disclosures regarding dependent and non - dependent children and other parties. Municipalities typically have difficulties finding candidates to serve in appointed positions and these new financial reporting requirements will make finding qualified candidates even more difficult; and This resolution urges the Alaska State Legislature to amend AS Chapter 39.50 to make the APOC disclosure requirements for appointed municipal officers less invasive. Also in your packet is ordinance No. FY2008 -20 that will submit a question to the voters exempting municipal officers the Disclosure Laws and establishing adequate local provisions relating to disclosure of business and financial interests and conflicts of interest. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 15, 2008 REGULAR MEETIN M NO:13.B.1 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -35 Introduced by: Requested by: Drafted by: Introduced: Adopted: KIB Assembly KIB Assembly Kenai Peninsula Borough 05/15/2008 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH URGING THE ALASKA STATE LEGISLATURE TO AMEND AS 39.50 SO THAT DISCLOSURE REQUIREMENTS ARE MORE APPROPRIATE FOR MUNICIPAL APPOINTED OFFICERS WHEREAS, Chapter 47, Session Laws of Alaska 2007 (House Bill 109) amended AS Chapter 39.50 containing the reporting requirement for elected and appointed officers to the Alaska Public Offices Commission (APOC); and WHEREAS, the new rules included several new reporting requirements that retroactively apply to elected and appointed municipal officers; and WHEREAS, these new rules include reporting not only sources of income but the amounts of income over $1,000, including salary, money from social security, IRA and retirement funds, interest on government bonds, savings and checking accounts of the municipal office holder, the office holder's spouse or domestic partner and children; and WHEREAS, the completed APOC disclosure statements, including income amounts, will be posted on the internet starting in 2009; and WHEREAS, municipalities typically have difficulty finding candidates to serve in appointed positions and these new financial reporting requirements will make finding qualified candidates even more difficult; and WHEREAS, Planning and Zoning Commissioners are appointed and typically receive a small stipend or no additional compensation for their important service; and WHEREAS, the interests served by the new reporting requirements have little or no applicability to such voluntary appointed municipal officers; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: SECTION 1. That the borough assembly urges the Alaska State Legislature to amend AS Chapter 39.50 to make the APOC disclosure requirements for appointed municipal officers less invasive and more appropriate for those positions. Kodiak Island Borough Resolution No. FY2008 -35 Page 1 of 2 SECTION 2. That copies of this resolution shall be forwarded to Governor Sarah Palin, Senators Albert Kookesh, Con Bunde, Tom Wagoner, and Gary Stevens, Representatives Gabriel LeDoux, Woodie Salmon, Mike Hawker, Kurt Olson, Mike Chenault, and Paul Seaton. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Resolution No. FY2008 -35 Page 2 of 2 A RESOLUTION URGING THE ALASKA STATE LEGISLATURE TO AMEND AS 39.50 SO THAT DISCLOSURE REQUIREMENTS ARE MORE APPROPRIATE FOR MUNICIPAL APPOINTED OFFICERS WHEREAS, Chapter 47, Session Laws of Alaska 2007 (House Bill 109) amended AS Chapter 39.50 containing the reporting requirement for elected and appointed officers to the Alaska Public Offices Commission (APOC); and WHEREAS, WHEREAS, WHEREAS, WH EREAS, WHEREAS, KENAI PENINSULA BORO RESOLUTION 2008 Introduced by: Date: Action: V ote: Martin 04/01 /08 the new rules included several new reporting requirements that retroactively apply to elected and appointed municipal officers; and these new rules include reporting not only sources of income but the amounts of income over $1,000, including salary, money from social security, IRA and retirement funds, interest on government bonds, savings and checking accounts of the municipal office holder, the office holder's spouse or domestic partner and children; and the completed APOC disclosure statements, including income amounts, will be posted on the intereet starting in 2009; and municipalities typically have difficulties finding candidates to serve in appointed positions and these new financial reporting requirements will make finding qualified candidates even more difficult; and Planning Commissioners are appointed and typically receive expense reimbursements and either a small stipend or no additional compensation for their important service; and WHEREAS, the interests served by the new reporting requirements have little or no applicability to such voluntary appointed municipal officers; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the borough assembly urges the Alaska State Legislature to amend AS Chapter 39.50 to make the APOC disclosure requirements for appointed municipal officers less irivasive and more appropriate for . se positions,, UlN ,�. p oi S UtI Kenai Peninsula Borough, Alaska. New New Text Underlined Underlined [DELETED TEXT QRAC ] ' . N s >olution 2008 -032 Page 1 of 2 SECTION 2. That copies of this resolution shall be forwarded to Governor Sarah. Palin, Senators Albert Kookesh, Con Bunde, Tom Wagoner, and Gary Stevens, Representatives Woodie Salmon, Mike Hawker, Kurt Olson, Mike Chenauit, and. Paul Seaton. SECTION 3. That this resolution takes effect immediately upon its adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 1ST DAY OF APRIL 2008. ATTEST: Sherry Biggs, Borough Clerk Yes: No; Absent: Resolution 2008 -032 Page 2 of 2 Grace Merk.es, Assembly President Ne>w Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Nova Javier rom: ant: Subject: Your Account News » Home • News »' Local / Prep Sports • Obituaries > Editorial s Letters • Commune y ' Outdoors f. BuSIness Schools k` Religion' s' Pulse Spotted Neighbors • Movies SetectTV y Pets t Weddings Wellness * Recreation Guide s Dispatch • Newspapers in Education subscribl Print Circulation Feedback 3 ' Submit an Announcement * Submit an Obituary tasoc.T A Idedd: r Rick Gifford Friday, March 28, 2008 12:38 PM Nova Javier Peninsula Clarion Article you may find interesting »News Web posted Friday, March 28, 2008 Borough mulls APOC rules Assembly to ask Legislature to ease some disclosure laws HAL SPENCE Peninsula Clarion The Kenai Peninsula Borough Assembly on Tuesday could add its voice to the city of Kenai's in urging a change to state financial disclosure laws, The assembly will consider Resolution 2008 -032, which urges legislators to ease the impact of statutes requiring appointed municipal officials to reveal intimate details of their financial lives, The new provisions adopted last year apply to not only to borough elected officials, but to appointed volunteers like those on the planning commission, as well. That goes too far, said resolution sponsor Milli Martin, of Diamond Ridge. "The interests served by the new reporting requirements have little or no applicability to such voluntary appointed municipal officers," she said. The issue came to the fore several weeks ago when the Kenai Mayor Pat Porter called new disclosure statements Marketplace ' View Today's Ads • Place an Ad Loca9 News Updated March 28, 2008 News Cemetery siting heads for vote Borough mulls APOC rules Winning talent show act proves controversial Photo feature: Slttln' and sippin' Community News Around the Peninsula Sports Flanagan sacked by Bears Oilers add first baseman Opinion Volunteering could make big difference Letters to the Editor Reader; There has to be better way to assess property Dancer apologizes for performance Event has 'Souper' results Outdoors Buddies cash In with winter whopper It's hiring season at Kenai National Wildlife Refuge for students Religion After Easter, people can still meet Jesus Church Briefs Updated 4 28 PM ET Drug smuggling suspect arraigned — Fairbanks considers Year. (AN Available (Sear ht; Past Days 1'i`wsdar . �' :Wednetstay' . ` "tiesdaY: -' r'. +bfanday Front Page Coming Soon Cd USA Vinfiv 'l) required by the Alaska Public Offices Commission "a true invasion of privacy." The Kenai City Council agreed to consider placing a measure on the city's fall ballot seeking voter approval to exempt certain city officials from the APOC disclosure requirements. According to Porter, the council can move to opt the city clerk and city attorney out of the requirement, but other city officials would need the approval of voters. No official action regarding a future ballot measure has been taken yet, Voters in about 200 communities across Alaska have approved exempting their officials from the requirements, including voters in Homer, Kachemak City and the city of Kodiak. Under the new disclosure provisions adopted last year, annual disclosure statements are required from borough and city mayors, members of assemblies, councils, planning and zoning commissions and school boards In home -rule municipalities and city - borough governments, and elected members of public utility boards. Candidates for those offices must also file statements. The information, which would include income, gifts, real estate holdings, interest in trusts and retirement accounts, loans, debts and other financial data, would be available to the public via the Internet. Porter has proposed a city resolution asking the Legislature to amend state statutes and write fairer disclosure requirements into the law. But while the city resolution would seek changes in the law for municipal appointed and elected officials, the borough's version (Resolution 2008 -32) asks for changes covering only appointed municipal officers, such as borough planning commissioners, who typically receive only expense reimbursement and either a small stipend or no additional compensation. The assembly measure specifically asks the Legislature to amend state law to alcohol zones — Polar bear killed near village in Interior — Fishing In Alaska becoming less deadly — Anchorage Assembly gives dog owners a year to pick up, or else — Assemblyman Train' back in the race — Governor calls gas line special session — AP NewsBreak: Woman forgives son accused of murdering her parents — No damage reported from moderate earthqua ke — More News US B World Updated 4:30 PM ET — Bush sees Iraq violence as defining — US alrstrike kills at least 4 in Baghdad — Consumer spending weak in February — Pa. Sen. Bob Casey endorses Obama — Raul Castro: Cubans can have cell phones — Suspect arrested in Va. highway gunfire — Case dropped against Haditha defendant - Piers Morgan wins 'Celebrity Apprentice' —Swan reunited with beloved paddieboat — More News CL ARIO N make the APOC disclosure requirements for appointed municipal officers less invasive and more appropriate for those positions. Noting that the voluntary commission positions require "significant contributions of time and effort" by commissioners, Martin said, "Requiring extensive disclosure of financial information relating to these volunteers and their family members is not appropriate for these positions." She warned that compelling disclosure from volunteers would hamper the ability of the borough to recruit new planning commissioners, Martin's chose not to include elected officials in the resolution for a reason. "This is due to my perception of the growing discontent in the borough regarding elected officials, and for that reason T am not comfortable extending this request to include elected officials," she told her colleagues in a memo. Clarion reporter Phil Hermanek contributed to this story. nn Hal Spence can be reached at hspence @ptialaska.net. Comments or questions about the web site? Check the FAQ or.. Contact Peninsula Clarion New Media Director Vincent Nusunginya. To send a letter to the editor, Peninsula Clarion letter submission page. Peninsula Clarion, Po Box 3009, Kenai, AK 99611. Phone 907/263 -7551 Copyright 0 Peninsula Clarion, a Division of Morris Communications. Privacy and terms of use. Friday, April 25, 2008 SOUTHERN OREGON'S f•1EWS SOURCE WEATHER FOR w MEDFORD: Pisan/et itePady NEWS SPORTS BUSINESS OPINION : LIFESTYLE TEMPO MULTIMEDIA i COMMUNITY ! SPECIAL REPORTS INTERACT CLASSIFIEDS MAGAZINES Rogue River loses 4 officials State - mandated disclosures cited By BUFFY POLLOCK for the Mall Tribune April 17, 2008 Two council members and two planning commissioners in Rogue River joined the stream of Oregon public officials who have resigned their positions rather than fill out an ethics form mandated by the state. Faced with a Tuesday deadline, council members Dick Handbury and Wayne Stewart and planning commissioners Don Ayriss and Pam Van Arsdale notified the city they were resigning. Rogue River city administrator Mark Reagles said the new law places a difficult hurdle in front of smaller rural cities already struggling to fill council and planning commission posts. "Anytime you lose volunteers that are dedicated enough to put in the time and effort these people are putting in it puts you in a real bind," said Reagles. Handbury, who resigned after 12 years on the council and "96 years combined" on various boards and commissions, counted himself among those who didn't want to put his family's personal information on the Internet. "If I'd been a highly paid official and was making lot of money doing it, sure I would've done it," Handbury said, but I'm totally unpaid and have volunteered my time." Legislation stemming from a Senate bit passed in 2007 mandates that all public officials must file a statement of economic interest disclosure form with the Oregon Government Ethics Commission. The form expands upon requirements in place since 1974, requiring, among other things, a list of relatives and household members, sources of income over $1,000 for the official and household members and a list of businesses with which the official or a household member has an interest. In Cave Junction, City Recorder Jim Polk said council members filled out the forms "begrudgingly." The city already has no planning commission, he noted, for lack of volunteers. "Yes, all my elected officials did fit it out and submit it," Polk said. "Whether they filled it out to the full extent of what was asked I can't tell," he said. "I just verified they signed them before they mailed them out." Polk said he did not fill out one section in his own filing. ".... Basically, they have to show clear and convincing evidence that it's necessary to list my relatives," he said. "I guess if they slap me, they slap me." City officials for Ashland, Central Point, Gold Hill, Jacksonville, Medford and Talent reported compliance with the new law, despite some concerns about privacy and information on the forms that could be make its way to the Internet as early as 2010. Phoenix Mayor Carlos DeBritto voiced frustration at the new law's "invasion of privacy" but said he was optimistic that a governor's committee recently appointed to review the issue would make changes. No council members have resigned yet, DeBritto said. But Phoenix Planning Commission member Sandra Christiansen resigned her seat this week, saying the reporting requirement "just wasn't worth it." "It's just good old state government, I think, sticking their nose in a little too deep into personal affairs," said Christiansen. "They can get that information somewhere I'm sure, but I'm not willing to do it My own privacy is going to win out over what I feel, or at least I hoped, I was doing for our community." Across in the state, more than 100 officials have resigned. The city of Elgin lots its entire planning commission, at least one council member and its mayor. All four Lexington council members resigned in protest while Umatilla reported the resignation of two planning commissioners and one council member. Oregon Government Ethics Commission director Ron Bersin said he was unsure why officials were concerned with requirements that "have been around since the '70s" and noted that the agency's responsibility was not to determine the validity of the reporting requirement but to enforce state law. Prior to the new regulations, local governments could exempt their public officials from the reporting rules in many cases. Officials who failed to meet Tuesday's deadline, Bersin noted, would first be served a letter, then fined $10 per day for up to 14 days, then $50 per day up to a $5,000 maximum. In Rogue River, departing Councilman Handbury's biggest concern for his city, he said, was a shortage of willing volunteers. "This is a small community and rarely have I run up against opposition in my race for a seat so I don't know who's going to take my place," he said. "It's hard to get people to do these jobs and that's one of the reasons I've stayed on as long as I have." Buffy Pollock is a freelance writer living in Medford. E -mail her at buffypollock@juno.com. HOME 1 ARCHIVE 1 ALERTS 1 LOCAL SEARCH 1 AUTOS 1 HOMES JOBS 1 CONTACT US CLOUDY 63° Forecast /Radar SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT MA 15, 2008 REGULAR MEETING ITEM NO: 13.C.1 TITLE: Ordinance No. FY2009 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal year Commencing on the First Day of July 2008 and Ending on the Thirtieth Day of June 2009 (Fiscal Year 2009 Budget.) This ordinance includes funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, and Enterprise funds. This ordinance also levies a tax on the real and personal property within the Borough as well as upon natural resources extracted and removed from the Borough. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA d RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -01 in first reading to advance to public hearing on June 5, 2008. CORRECTED VERSION AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH LEVYING TAXES ON ALL TAXABLE REAL AND PERSONAL PROPERTY WITHIN THE KODIAK ISLAND BOROUGH FOR THE EXPENSES AND LIABILITIES OF THE KODIAK ISLAND BOROUGH FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF JULY 2008 AND ENDING ON THE THIRTIETH DAY OF JUNE 2009 (FISCAL YEAR 2009 BUDGET) NOW, THEREFORE, BE IT ORDAINED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THAT: Section 1: This ordinance is not of general application and shall not be codified. Section 2: Section 3: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -01 Introduced by: Manager Gifford Drafted by: Finance Director Introduced: May 15, 2008 Public Hearing: Adopted: The following sums of money, or as much thereof as may be authorized by law, as may be needed or deemed necessary to defray all expenses and liabilities of the Kodiak Island Borough, be and the same, is hereby appropriated for municipal purposes and objects of the Kodiak Island Borough and other taxing entities hereinafter specified for the fiscal year commencing on the first day of July 2008 and ending on the thirtieth day of June 2009. Adoption of this ordinance recognizes that funds are appropriated at department and /or project level. Compositions of these figures are as delineated in the full detail budget document. The full document is available to all elected and appointed officials for their use. Copies may be reviewed by interested citizens at the Borough Building during normal working hours and also at the A. Holmes Johnson, Chiniak, and village public libraries during their normal operating hours. Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Page 1 of 7 CORRECTED VERSION A. General Fund (100) Revenues Taxes Real Property 51.75% 51.41% 7,980,000 7,980,000 Personal Property 7.15% 7.10% 1,102,500 1,102,500 Non ad valorem taxes 1.63% 1.62% 251,000 251,000 Payment in lieu of taxes 5.27% 5.24% 813,000 813,000 Severance Taxes 8.35% 8.30% 1,288,213 1,288,213 Penalties & Interest on Tax 1.13% 1.13% 175,000 175,000 Licenses & Permits 0.43% 0.43% 66,250 66,250 Federal Shared Revenue 2.27% 2.26% 350,075 350,075 State Shared Revenue 14.52% 11.77% 2,230,224 1,827,477 Investments Earnings 1.95% 1.93% 300,000 300,000 Other 0.17% 0.17% 26,000 26,000 Use of Fund Balance 5.38% 8.64% 830,257 1,341,798 Total General Fund Revenues Expenditures FTE Legislative 1.19% 1.18% 183,440 183,440 Personnel Services 31,200 31,200 Fringe Benefits 5,740 5,740 Lobbyist 70,000 70,000 Support Services 76,500 76,500 Borough Management Personnel Services Fringe Benefits Support Services Allocated Borough Clerk Personnel Services Fringe Benefits Support Services Legal Services Cost of Litigation Support Services Finance /Accounting Personnel Services Fringe Benefits Support Services Allocated to Projects 2 3 Percentage 100.00% 100.00% 219,530 117,450 41,620 (20,000) 174,160 118,020 119,330 120,000 10,000 2.33% 219,530 117,450 41,620 (20,000) 2.67% 174,160 118,020 119,330 2.31% 2.65% 0.84% 0.84% 120,000 10,000 Original Substitued 15,421,519 15,521,313 358,600 358,600 411,510 411,510 130,000 130,000 7 4.48% 4.46% 691,640 691,640 409,240 409,240 227,780 227,780 101,430 101,430 (46,810) (46,810) Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Page 2 of 7 CORRECTED VERSION Finance /MIS Personnel Services Fringe Benefits Contracted Services Support Services Capital Outlay Allocated Assessing Personnel Services Fringe Benefits Support Services Allocated to other funds Engineering /Facilities Personnel Services Fringe Benefits Professional Services Support Services Allocated to Projects Community Development Personnel Services Fringe Benefits Professional Services Support Services Allocated to Projects Building Inspectors Contracted Services Support Goods and Services Emergency Preparedness Support Services Capital Outlay 3 3.82% 3.79% 588,533 588,533 234,810 234,810 123,368 123,368 9,000 9,000 268,355 268,355 40,000 40,000 (87,000) (87,000) 4 2.86% 2.84% 440,760 440,760 261,450 261,450 150,970 150,970 41,340 41,340 (13,000) (13,000) 2 1.03% 84,430 84,430 38,153 38,153 25,000 25,000 61,132 61,132 (50,000) (50,000) 5 4.86% 363,920 363,920 196,250 196,250 135,000 135,000 88,310 88,310 (33,700) (33,700) 0.96% 140,000 140,000 7,765 7,765 Economic Development 0.49% 0.48% Professional Services 22,000 22,000 Contributions 48,000 48,000 Support Goods & Services 5,000 5,000 General Administration 1.93% 1.92% Personnel Services Audit Expense 96,000 96,000 Contracted Services 30,000 30,000 Support Services 171,600 171,600 Capital Outlay 0.06% 0.06% 8,800 8,800 1.02% 158,715 158,715 4.83% 749,780 749,780 0.95% 147,765 147,765 75,000 75,000 297,600 297,600 8,800 8,800 Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Page 3 of 7 CORRECTED VERSION Education Support Professional Services Audit Expense Support Goods and Services Operating Transfers Health & Social Services Contributions Animal Control Contracted Services Education, Culture & Recreation Contributions College and Libraries Contributions Transfers Out Transfers Total General Fund Expenditures Kodiak Island Borough, Alaska 456,350 47,000 181,000 9,006,076 69.28% 69.47% 10,683,426 10,783,220 456,350 37,000 192,000 - 10,097,870 1.51% 1.50% 233,000 233,000 233,000 233,000 0.53% 0.53% 82,500 82,500 82,500 82,500 0.53% 0.52% 81,000 81,000 81,000 81,000 0.60% 0.60% 93,000 93,000 93,000 93,000 0.04% 0.04% 6,450 6,450 6,450 6,450 15,421,519 15,521,313 Ordinance No. FY2009 -01 Page 4 of 7 CORRECTED VERSION B. Special Revenue Funds (Revenues and Expenditures) 1 Child Care Assistance (205) 87446 82,026 3 Land Sales (210) 97,771 97,771 4 Buildings & Grounds Fund (220) 751,185 712,485 5 Coastal Management (230) 24,000 24,000 6 Local Emergency Planning Committee (234) 17,800 17,800 7 Women's Bay Road Service Area (240) 124,057 124,057 8 Service Area No. 1 (242) 269,700 269,700 9 Service Area No. 2 (243) 100 100 10 Monashka Bay Road Services Area (244) 52,590 52,590 11 Bay View Road Service Area (246) 5,700 5,700 12 Fire Protection Area No. 1 (254) 415,900 415,900 13 Women's Bay Fire Department (252) 95,980 95,980 14 KIB Airport Fire Area (254) 13,070 13,070 15 Woodland Acres Street Light Area (260) 8,420 8,420 16 Trinity Acres Lighting Dist. (261) 3,920 3,920 17 Mission Lake Tide Gate (262) 3,700 3,700 18 Trinity Acres Paving Dist. 263) 20,060 20,060 19 Kodiak Arts Council (275) 68,360 68,360 20 Facilities Fund ( 48000 1,890,000 21 Tourism Development (277) 70,980 70,980 22 Fern Fuller Trust (290) 75,000 75,000 Total Special Revenue Funds 3,685,619 4,051,619 Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Page 5 of 7 CORRECTED VERSION C. Debt Service Funds (Revenues and Expenditures) 1 Debt Service (300) 4,067,653 4,067,653 2 Debt Service - Other (310) 0 0 Total Debt Service Funds 4,067,653 4,067,653 D. Capital Project Funds (Revenues and Expenditures) 1 Capital Project - Borough, Various (410) 2 Capital Project - School Bonds, Various (426) 3 Near Island Research Building (426) 4 Capital Projects - State Grants (430) 0 0 Total Capital Projects Funds 0 0 E. Enterprise Funds (Revenues and Expenditures) 1 Solid Waste Disposal Fund (530) 4,136,005 4,136,005 2 Hospital Enterprise Fund (540) 1,660,810 1,660,810 3 Near Island Research Fund (555) 2,122,804 2,122,804 4 911 Service (560) 70,320 70,320 Total Enterprise Funds 7,989,939 7,989,939 Total all Funds $ 31,164,730 $ 31,630,524 Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Page 6 of 7 CORRECTED VERSION Section 4: Tax Levy. A tax for the amount specified in the form of a mill levy is hereby levied for the value as of January 1, 2008, to be used for the purposes as specified in the Budget for the Fiscal Year 2009 of the Kodiak Island Borough commencing on the first day of July 2008 and ending on the thirtieth day of June 2009 to defray expenses and liabilities of said entity as enumerated in the applicable budgets. The millage rates by taxing entity are as follows: A. City of Kodiak 2.00 mills* B. Kodiak Island Borough 10.50 mills C. Womens Bay Road Service Area 2.00 mills D. Womens Bay Fire Dept. 1.25 mills E. Bay View Road Service Area 1.00 mills F. Fire Protection Area No. 1 1.50 mills G. Monashka Bay Road Service Area 2.50 mills H. Service Area No. 1 Roads 1.50 mills I. Woodland Acres Street Light Area 0.25 mills J. Service Area No. 2 0.00 mills K. KIB Airport Fire Area 1.25 mills L. Trinity Islands Street Light Service Area .50 mills M. Mission Lake Tide Gate Service Area 1.00 mills *Kodiak City Ordinance Numbers 906 and 908 exempt all personal property from City of Kodiak taxation. Section 5: The tax rate on boats is set at $1 per foot with a minimum of $30. Boats that weigh less than 5 tons are exempt. Section 6: Personal property accounts (not including boats) with an assessed value of $2,500 or Tess will not be billed. Section 6: Kodiak Island Borough Staff is hereby authorized and directed to effect the necessary line item changes within the limits established above by fund, project, and department to properly monitor, account, and report on the expenditure of these funds. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Page 7 of 7 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH LEVYING TAXES ON ALL TAXABLE REAL AND PERSONAL PROPERTY WITHIN THE KODIAK ISLAND BOROUGH FOR THE EXPENSES AND LIABILITIES OF THE KODIAK ISLAND BOROUGH FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF JULY 2008 AND ENDING ON THE THIRTIETH DAY OF JUNE 2009 (FISCAL YEAR 2009 BUDGET) NOW, THEREFORE, BE IT ORDAINED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THAT: Section 1: This ordinance is not of general application and shall not be codified. Section 2: Section 3: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -01 Introduced by: Manager Gifford Drafted by: Finance Director Introduced: May 15, 2008 Public Hearing: May 15, 2008 Public Hearing: Adopted: The following sums of money, or as much thereof as may be authorized by law, as may be needed or deemed necessary to defray all expenses and liabilities of the Kodiak Island Borough, be and the same, is hereby appropriated for municipal purposes and objects of the Kodiak Island Borough and other taxing entities hereinafter specified for the fiscal year commencing on the first day of July 2008 and ending on the thirtieth day of June 2009. Adoption of this ordinance recognizes that funds are appropriated at department and /or project level. Compositions of these figures are as delineated in the full detail budget document. The full document is available to all elected and appointed officials for their use. Copies may be reviewed by interested citizens at the Borough Building during normal working hours and also at the A. Holmes Johnson, Chiniak, and village public libraries during their normal operating hours. Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Page 1 of 7 A. General Fund (100) Revenues Taxes Real Property 51.75% 7,980,000 Personal Property 7.15% 1,102,500 Non ad valorem taxes 1.63% 251,000 Payment in lieu of taxes 5.27% 813,000 Severance Taxes 8.35% 1,288,213 Penalties & Interest on Tax 1.13% 175,000 Licenses & Permits 0.43% 66,250 Federal Shared Revenue 2.27% 350,075 State Shared Revenue 14.52% 2,239,224 Investments Earnings 1.95% 300,000 Other 0.17% 26,000 Use of Fund Balance 5.38% 830,257 Total General Fund Revenues 100.00% 15,421,519 Expenditures FTE Percentage Legislative 1.19% 183,440 Personnel Services 31,200 Fringe Benefits 5,740 Lobbyist 70,000 Support Services 76,500 Borough Management 2 2.33% 358,600 Personnel Services 219,530 Fringe Benefits 117,450 Support Services 41,620 Allocated (20,000) Borough Clerk 3 2.67% 411,510 Personnel Services 174,160 Fringe Benefits 118,020 Support Services 119,330 Legal Services 0.84% 130,000 Cost of Litigation 120,000 Support Services 10,000 Finance /Accounting 7 4.48% 691,640 Personnel Services 409,240 Fringe Benefits 227,780 Support Services 101,430 Allocated to Projects (46,810) Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Page 2of7 Finance /MIS 3 3.82% 588,533 Personnel Services 234,810 Fringe Benefits 123,368 Contracted Services 9,000 Support Services 268,355 Capital Outlay 40,000 Allocated (87, 000) Assessing 4 2.86% 440,760 Personnel Services 261,450 Fringe Benefits 150,970 Support Services 41,340 Allocated to other funds (13,000) Engineering /Facilities 2 1.03% 158,715 Personnel Services 84,430 Fringe Benefits 38,153 Professional Services 25,000 Support Services 61,132 Allocated to Projects (50,000) Community Development 5 4.86% 749,780 Personnel Services 363,920 Fringe Benefits 196,250 Professional Services 135,000 Support Services 88,310 Allocated to Projects (33,700) Building Inspectors 0.96% 147,765 Contracted Services 140,000 Support Goods and Services 7,765 Economic Development 0.49% 75,000 Professional Services 22,000 Contributions 48,000 Support Goods & Services 5,000 General Administration Personnel Services Audit Expense 96,000 Contracted Services 30,000 Support Services 171,600 Capital Outlay Emergency Preparedness Support Services Capital Outlay 8,800 1.93% 297,600 0.06% 8,800 Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Page 3 of 7 Education Support 69.28% 10,683,426 Professional Services 456,350 Audit Expense 47,000 Support Goods and Services 184,000 Operating Transfers 9,996,076 Health & Social Services Contributions Animal Control Contracted Services Education, Culture & Recreation Contributions College and Libraries Contributions Transfers Out Transfers Total General Fund Expenditures 233,000 82,500 81,000 93,000 6,450 1.51% 233,000 0.53% 82,500 0.53% 81,000 0.60% 93,000 0.04% 6,450 15,421,519 Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Page 4 of 7 B. Special Revenue Funds (Revenues and Expenditures) 1 Child Care Assistance (205) 87,026 3 Land Sales (210) 97,771 4 Buildings & Grounds Fund (220) 751,485 5 Coastal Management (230) 24,000 6 Local Emergency Planning Committee (234) 17,800 7 Women's Bay Road Service Area (240) 124,057 8 Service Area No. 1 (242) 269,700 9 Service Area No. 2 (243) 100 10 Monashka Bay Road Services Area (244) 52,590 11 Bay View Road Service Area (246) 5,700 12 Fire Protection Area No. 1 (254) 415,900 13 Women's Bay Fire Department (252) 95,980 14 KIB Airport Fire Area (254) 13,070 15 Woodland Acres Street Light Area (260) 8,420 16 Trinity Acres Lighting Dist. (261) 3,920 17 Mission Lake Tide Gate (262) 3,700 18 Trinity Acres Paving Dist. 263) 20,060 19 Kodiak Arts Council (275) 68,360 20 Facilities Fund (276) 1,480,000 21 Tourism Development (277) 70,980 22 Fern Fuller Trust (290) 75,000 Total Special Revenue Funds 3,685,619 Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Page 5 of 7 C. Debt Service Funds (Revenues and Expenditures) 1 Debt Service (300) 4,067,653 2 Debt Service - Other (310) 0 Total Debt Service Funds 4,067,653 D. Capital Project Funds (Revenues and Expenditures) 1 Capital Project - Borough, Various (410) 2 Capital Project - School Bonds, Various (426) 3 Near Island Research Building (426) 4 Capital Projects - State Grants (430) 0 Total Capital Projects Funds 0 E. Enterprise Funds (Revenues and Expenditures) 1 Solid Waste Disposal Fund (530) 4,136,005 2 Hospital Enterprise Fund (540) 1,660,810 3 Near Island Research Fund (555) 2,122,804 4 911 Service (560) 70,320 Total Enterprise Funds 7,989,939 Total all Funds $ 31,164,730 Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Page6of7 Section 4: Tax Levy. A tax for the amount specified in the form of a mill levy is hereby levied for the value as of January 1, 2008, to be used for the purposes as specified in the Budget for the Fiscal Year 2009 of the Kodiak Island Borough commencing on the first day of July 2008 and ending on the thirtieth day of June 2009 to defray expenses and liabilities of said entity as enumerated in the applicable budgets. The millage rates by taxing entity are as follows: A. City of Kodiak 2.00 mills* B. Kodiak Island Borough 10.50 mills C. Womens Bay Road Service Area 2.00 mills D. Womens Bay Fire Dept. 1.25 mills E. Bay View Road Service Area 1.00 mills F. Fire Protection Area No. 1 1.50 mills G. Monashka Bay Road Service Area 2.50 mills H. Service Area No. 1 Roads 1.50 mills I. Woodland Acres Street Light Area 0.25 mills J. Service Area No. 2 0.00 mills K. KIB Airport Fire Area 1.25 mills L. Trinity Islands Street Light Service Area .50 mills M. Mission Lake Tide Gate Service Area 1,00 mills *Kodiak City Ordinance Numbers 906 and 908 exempt all personal property from City of Kodiak taxation. Section 5: The tax rate on boats is set at $1 per foot with a minimum of $30. Boats that weigh less than 5 tons are exempt. Section 6: Personal property accounts (not including boats) with an assessed value of $2,500 or less will not be billed. Section 6: Kodiak Island Borough Staff is hereby authorized and directed to effect the necessary line item changes within the limits established above by fund, project, and department to properly monitor, account, and report on the expenditure of these funds. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Page 7 of 7 �zo �oo so 60 ao zo 0 � Kod.ial� Island Borough � Fiscal Year 2009 Budget Fiscal Years 2008 — 2012 Strategic Plan This Strategic Plan Addresses Different Areas for which the Borough is responsible. Mandatory Powers which include the following: ❖ Education ❖ General Administration and Finance ❖ Tax Assessment and Collection ❖ Planning and Zoning 1 2 0 > A 0 0 e ) S 4 a a \ '§ @ .e Q &.- § g E \ 3 / § § / / v) § / / / U N 0\ O _ ) k / ) a x O = / o 4.4 bt u C — Or =M - .\ ƒ 69 k �� / • - L 7 = . '§ 0) / ƒ S § u e a 2 A A Cr) 0 o - CA 0 g by A 11.50 11.00 io so 10 00 9 50 9 00 8.50 8 00 Borough Mill Rates FY2000-FY2009 2000 2001 2002 2003 2004 2005 2006 200� 2008 2009 One mill equals $865,000 in property tax $128,690 in severance tax For a total of $933,690 in taxes. $ource'.Alm4a 900.00O.00D 800.000.000 )ao.oao.oao 600.OW.000 SN.00O.ON aoo.000.oao 300.00O.00D 200.000.000 100.000.000 0 10 Year Analysis of Assessed Value 3000 i001 2002 t003 3WC 2005 3006 ]00� 2000 E009 �. 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O 00 4-4 cc N ,--4 , a: O `n in a ct b c N a) .- 0 0 U 4 0D U td 0 0'� 4 � 4 cn cd H cn H a L. V 0 0 as H cd r 3 0 . 1 4 bA cd o o o cu cz O .0 o ., O co N 1.) 0 • s, b.0 N f], N 0 Ct 76 N o .. °; cn U 4 V U o a) H H cn cal OA O . �- o Co CO CD eq-i 7:;) O • a) a) �0 a) • 0 U O O N a) O • u P. of 00 0 0) 0 rzS U a) 0) a) cn a) a) a) a) a) 0 N 911 Service � 911 Service was added in FY1996. � This service is funded solely by a levy on individual phone lines in the service area. 911 Service The budget for FY2009 is $70,320. �.ioo �.� 6,� 6,800 6,700 6,600 6,500 6,400 6, 300 911 Service Number of phone lines per month 3/06 4/06 5/O6 6/O6 7/06 8/O6 9/06 10/O6 11/06 12I06 1l07 2/07 Observations The number of children in our schools is going down. Building permits are generally going down. 911 phone lines are generally going down. 21 N N SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 15, 2008 REGULAR MEETING ITEM NO: 13.C.2 TITLE: Ordinance No. FY2008 -20 Adding a Ballot Question at the Next Regular Municipal Election to be Held on October 7, 2008 on Whether to Exempt Municipal Officers and Candidates for Elective Office from the State of Alaska Public Official Financial Disclosure Law (AS 39.50), Effective in 2008, and to Require Instead that Municipal Officers and Candidates for Elective Office Annually and Upon Declaration of Candidacy or Taking Office Fill Out the 2007 Kodiak Island Borough Financial Disclosure Statement Form Used Prior to the AS 39.50 Amendments, and Follow Municipal Conflict of Interest Laws. Many of the disclosure provisions based on the AS39.50 amendments effective in 2008 as well as the 2008 Financial Disclosure Statement form impose extensive record keeping requirements, are intrusive, have become unduly burdensome, and may require financial disclosures regarding dependent and non - dependent children and other parties of municipal officers and candidates for elective office. This ordinance will add a question on the October ballot whether to exempt municipal officers from the disclosure law per AS 39.50 and instead, municipal officers will annually fill out a KIB financial disclosure statement which is similar to the form used prior to the AS 39.50 amendments. A draft copy is attached. If the proposition is approved by the voters in October 2008, KIB code sections pertaining to conflict of interest will be amended to include enforcement issues about financial disclosure similar to what was adopted by the City of Kodiak (see attached copy of the City of Kodiak code.) APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -20 in first reading to advance to public hearing on June 5, 2008. CORRECTED VERSION KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -20 Introduced by: Assembly Requested by: Assembly Drafted by: Borough Clerk Introduced: 05/15/2008 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADDING A BALLOT QUESTION AT THE NEXT REGULAR MUNICIPAL ELECTION TO BE HELD ON OCTOBER 7, 2008 ON WHETHER TO EXEMPT MUNICIPAL OFFICERS AND CANDIDATES FOR ELECTIVE OFFICE FROM THE STATE OF ALASKA PUBLIC OFFICIAL FINANCIAL DISCLOSURE LAW (AS 39.50), EFFECTIVE IN 2008, AND TO REQUIRE INSTEAD THAT MUNICIPAL OFFICERS AND CANDIDATES FOR ELECTIVE OFFICE ANNUALLY AND UPON DECLARATION OF CANDIDACY OR TAKING OFFICE FILL OUT THE 2007 KODIAK ISLAND BOROUGH FINANCIAL DISCLOSURE STATEMENT FORM USED PRIOR TO THE AS 39.50 AMENDMENTS, AND FOLLOW MUNICIPAL CONFLICT OF INTEREST LAWS WHEREAS, the State of Alaska Legislature adopted new statutory provisions effective in 2008 at AS 39.50 et seq., containing extensive requirements relating to the disclosure and reporting of financial and business interests of municipal officers, and prohibiting various types of conflicts of interest. Many of these provisions are applicable to municipal officers (mayor, assembly, school board, planning and zoning commission, and borough manager), unless a majority of the voters voting on the question at a general election approve an ordinance exempting its municipal officers from the requirements of AS 39.50.145. Approximately half of the local governments in Alaska have voted to be exempt from these requirements. WHEREAS, many of the disclosure provisions based on the AS 39.50 amendments effective in 2008, as well as the 2008 Financial Disclosure Statement form, impose extensive record keeping requirements, are intrusive, have become unduly burdensome, and may require financial disclosures regarding dependent and non - dependent children and other parties. The new disclosure requirements may precipitate resignations by elected and appointed officials subject to its provisions and may serve to discourage persons from seeking municipal office with the Kodiak Island Borough. Adequate provisions relating to disclosure of business and financial interests and conflicts of interest by municipal officers and candidates currently exist by local ordinance and are based on use of the financial disclosures statement forms used prior to the 2008 amendments to AS 39.50. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1. This ordinance is not of general application and shall not be codified. Section 2. The Municipal Officers and candidates of the Kodiak Island Borough shall be exempted from all requirements of Alaska Statutes 39.50, which was amended effective 2008, relating to disclosure of financial and business interests and conflict of interest, if the exemption is approved by the voters of the Kodiak Island Borough. Section 3. The exemption created by Section 2 of this ordinance shall apply during such times as the Kodiak Island Borough has in effect an ordinance requiring candidates, elected Kodiak Island Borough Ordinance No. FY2008 -20 Page 1 of 2 CORRECTED VERSION officials and such other officials as are designated by the Assembly, to file annually and upon declaration of candidacy or taking office the 2007 Kodiak Island Borough Financial Disclosure Statement form, used prior to the amendments to AS 39.50, which reasonably discloses income sources and financial interest, and has local laws prohibiting conflicts of interests by municipal officers. Section 4. An election is to be held on Tuesday, October 7, 2008 in the Kodiak Island Borough, and the following proposition shall be submitted to the qualified voters of the Kodiak Island Borough for approval or rejection. A majority of those electors qualified and voting in favor of the proposition shall be required for approval. PROPOSITION NO. 1 Shall the Kodiak Island Borough municipal officers and candidates for municipal office (i.e. mayor, assembly, school board, planning and zoning commission, and administFatoF borough manager) be exempt from the State of Alaska requirements under Alaska Statutes 39.50, effective 2008, regarding reporting and financial disclosure requirements, business and conflicts of interests provisions, and INSTEAD, be required to file a less intrusive Kodiak Island Borough Public Official Financial Disclosure Statement form used prior to the 2008 amendments to Alaska Statutes 39.50 that will be subject to public disclosure, as well as be subject to local laws regarding conflicts of interest? ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk O YES O NO KODIAK ISLAND BOROUGH Kodiak Island Borough Ordinance No. FY2008 -20 Page2of2 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -20 Introduced by: Assembly Requested by: Assembly Drafted by: Borough Clerk Introduced: 05/15/2008 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADDING A BALLOT QUESTION AT THE NEXT REGULAR MUNICIPAL ELECTION TO BE HELD ON OCTOBER 7, 2008 ON WHETHER TO EXEMPT MUNICIPAL OFFICERS AND CANDIDATES FOR ELECTIVE OFFICE FROM THE STATE OF ALASKA PUBLIC OFFICIAL FINANCIAL DISCLOSURE LAW (AS 39.50), EFFECTIVE IN 2008, AND TO REQUIRE INSTEAD THAT MUNICIPAL OFFICERS AND CANDIDATES FOR ELECTIVE OFFICE ANNUALLY AND UPON DECLARATION OF CANDIDACY OR TAKING OFFICE FILL OUT THE 2007 KODIAK ISLAND BOROUGH FINANCIAL DISCLOSURE STATEMENT FORM USED PRIOR TO THE AS 39.50 AMENDMENTS, AND FOLLOW MUNICIPAL CONFLICT OF INTEREST LAWS WHEREAS, the State of Alaska Legislature adopted new statutory provisions effective in 2008 at AS 39.50 et seq., containing extensive requirements relating to the disclosure and reporting of financial and business interests of municipal officers, and prohibiting various types of conflicts of interest. Many of these provisions are applicable to municipal officers (mayor, assembly, school board, planning and zoning commission, and administrator), unless a majority of the voters voting on the question at a general election approve an ordinance exempting its municipal officers from the requirements of AS 39.50.145. Approximately half of the local governments in Alaska have voted to be exempt from these requirements. WHEREAS, many of the disclosure provisions based on the AS 39.50 amendments effective in 2008, as well as the 2008 Financial Disclosure Statement form, impose extensive record keeping requirements, are intrusive, have become unduly burdensome, and may require financial disclosures regarding dependent and non - dependent children and other parties. The new disclosure requirements may precipitate resignations by elected and appointed officials subject to its provisions and may serve to discourage persons from seeking municipal office with the Kodiak Island Borough. Adequate provisions relating to disclosure of business and financial interests and conflicts of interest by municipal officers and candidates currently exist by local ordinance and based on use of the financial disclosures statement forms used prior to the 2008 amendments to AS 39.50. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1. This ordinance is not of general application and shall not be codified. Section 2. The Municipal Officers and candidates of the Kodiak Island Borough shall be exempted from all requirements of Alaska Statutes 39.50, which was amended effective 2008, relating to disclosure of financial and business interests and conflict of interest, if the exemption is approved by the voters of the Kodiak Island Borough. Section 3. The exemption created by Section 2 of this ordinance shall apply during such times as the Kodiak Island Borough has in effect an ordinance requiring candidates, elected officials and such other officials as are designated by the Assembly, to file annually and upon Kodiak Island Borough Ordinance No. FY2008 -20 Page 1 of 2 declaration of candidacy or taking office the 2007 Kodiak Island Borough Financial Disclosure Statement form, used prior to the amendments to AS 39.50, which reasonably discloses income sources and financial interest, and has local laws prohibiting conflicts of interests by municipal officers. Section 4. An election is to be held on Tuesday, October 7, 2008 in the Kodiak Island Borough, and the following proposition shall be submitted to the qualified voters of the Kodiak Island Borough for approval or rejection. A majority of those electors qualified and voting in favor of the proposition shall be required for approval. PROPOSITION NO. 1 Shall the Kodiak Island Borough municipal officers and candidates for municipal office (i.e. mayor, assembly, school board, planning and zoning commission, and administrator) be exempt from the State of Alaska requirements under Alaska Statutes 39.50, effective 2008, regarding reporting and financial disclosure requirements, business and conflicts of interests provisions, and INSTEAD, be required to file a less intrusive Kodiak Island Borough Public Official Financial Disclosure Statement form used prior to the 2008 amendments to Alaska Statutes 39.50 that will be subject to public disclosure, as well as be subject to local laws regarding conflicts of interest? ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk O YES O NO KODIAK ISLAND BOROUGH Kodiak Island Borough Ordinance No. FY2008 -20 Page 2 of 2 RETURN TO: KODIAK ISLAND BOROUGH OFFICE OF THE BOROUGH CLERK 710 Mill Bay Road, Room 101 Kodiak, Alaska 99615 1 . This report is to be filled out by the mayor, assembly members, school board members, planning and zoning commissioners, and administrator. 2. This report is for the preceding calendar year, so include any information about financial interests held between January 1, 2008 and December 1, 2008. 3. You must show your financial interests and those held by your spouse, domestic partner, or dependent children during the preceding calendar year. NOTE: Municipal officers are not required to disclose information about their domestic partner. 4. If you need help, call the MB Clerk's Office at 486 -9310. SIGN THIS REPORT ON THE LAST PAGE. NAME: OCCUPATION: MAILING ADDRESS: MUNICIP OFFIC TITLE: TYPE OF STATEM E): ❑ CANDIDATE STA NT Must be filed with your declaration of candidacy ❑ INITIAL STATEMENT ° For newly appointed municipal officials ['ANNUAL STATEMENT Due by March 15 SPOUSE OF DOMESTIC PARTNER: DEPENDENT CHILDREN: Proposed KIB Financial Disclosure Statement KODIAK ISLAND BOROUGH 2009 FINANCIAL DISCLOSURE STATEMENT Phone: (907) 486 -9310 Fax: (907) 486 -9391 Email: njavier @kodiakak.us Office Box Email Address M OF OFFICE: FROM TO Page 1 of 8 SALARIED EMPLOYMENT KODIAK ISLAND BOROUGH 2009 FINANCIAL DISCLOSURE STATEMENT SCHEDULE A SOURCES OF INCOME OVER $5,000 If NONE reportable: check box -4 111 Report the name of each employer who paid you, your spouse, domestic partner or dependent children more than $5,000 during calendar year 2008. Name of filer, spouse, domestic partner, or child: Employer's Name: Name of filer, spouse, domestic partner, or child: Employer's Name: Name of filer, spouse, domestic Employer's Name: Name of filer, spouse, domestic part Employer's Name: SELF - EMPLOYMENT List the name and ad $5,000 for you, your spo If the business is non -re business Self e profes corporation, stock in ..� Name of filer, ®x use, domes Business Name: Retail El Non - Retail Name of client/customer: Proposed KIB Financial Disclosure Statement partner, or chi employm rtner or d and las rietor, ndividuall artner, - child: NE reportable: check box --> ❑ siness that s a source of income of more than dent child during calendar year 2008. me of each client or customer who paid the limited liability company, shareholder in a th another family member) more than 50% of the heck non - retail, list clients /customers below.) Name of filer, spouse, domestic partner, or child: Business Name: Retail ❑ Non - Retail ❑ (If you check non - retail, list clients /customers below.) Name of client/customer: Page 2 of 8 RENTAL INCOME DIVIDENDS and INTEREST OTHER INCA. Recipient (filer, use, dome GIFTS Proposed KIB Financial Disclosure Statement KODIAK ISLAND BOROUGH 2009 FINANCIAL DISCLOSURE STATEMENT List the first name of each tenant from whom over $5,000 was received during clalendar year 2008. If property is located ourside Aalska and managed by a person other than you, your spouse, domestic partner, dependent child, you may list the maanging agent instead of listing each tenant. Owner (filer, spouse, domestic partner, or child) SOURCES OF INCOME OVER $5,000 Report the name of the source of alll dividentst calendar year 2008 such as Dean Witter Money Ma * List the name(s)of the asset(s) (not in a retirement a partner or child dividends, interest or ca o a gains of mo Cordova Municipal Bonds. * (Report the assets of a retirement a Recipient (filer, spouse, d• estic partne List eac pe ti g'`d - over public } .tance, wor social s ity retiremen , entitlements. honoraria and s name' living 00 noi'lts ed -ise ere on this statement, including income from cation, un yment, the name of the buyer of real property, he person who paid alimony or child support, government p ,uses. two artner, or child) If NONE reportable: check box --> El T l(s) If NONE est and capital gains ,.Account. of CD's in A nt) ;z ;paid you, yo ,000 last year suc stable: check box —> ❑ Nam :Source of Income Recipient (filer, spouse, domestic partner, or child) Name of Source $5,000 earned during ank. ouse, domestic s IBM stock or If NONE reportable: check box —> ❑ Name of Source If NONE reportable: check box - ❑ List the source of gifts which have a value of or cumulative value of more than $250 except gifts received from a spouse, domestic partner, parent, child, sibling, grandparent, uncle, niece, or nephew. Some examples of gifts include: cash, a debt that is forgiven, scholarships, and discounts not extended to the general public. Page 3 of 8 BUSINESS INTEREST Describe the business activity with sufficien does. Name of filer, spouse, Business Name: Business Nature p Descri Name of filer, " ` Business Name: Business Address: Nature of Interest: Description of Business' A Proposed KIB Financial Disclosure Statement KODIAK ISLAND BOROUGH 2009 FINANCIAL DISCLOSURE STATEMENT SCHEDULE B BUSINESS INTERESTS Name of filer, spouse, domestic partner, or child: Business Name: Business Address: Nature of Interest: Description of Business' Activity: Name of filer, spouse, domestic pa child: Business Name: Business Address: Nature of Interest: Description of Business' If NONE reportable: check box —> ❑ Report all business interests even if they not sources of income to you, your spouse, domestic partner, or dependent child during calendar year 2005. • List ownership interests of more than $5,000 as a shareholder in publicly traded stocks, that are not listed elsewhere on this form. (A list of the names of p lcly traded stocks such as IBM or Intel may be listed by name only on a separate page.) • List ownership interests in non - publicly traded shareholder, owner, partner, officer, or directo „ ®h g ownership interests in native corporations. • *List interest in limited liability companies. • List director or officer position in profit and :fit organizati rtner, or child: ies such as a sole proprietor, ail to tell a reader wha organization actually Page 4 of 8 REAL PROPERTY INTERESTS If NONE reportable: check box ❑ Report all property interest such as your home, neighboring Tots, rent to own home, rental property, vacant, recreational, business property or limited partnerships including real estate interests held in an LLC, or held through a trust or sold during calendar year 2008. Include a street address, city and state or complete legal ription for each piece of property listed. Do not use mile post markers or post offices boxes Use copies of this page if you need additional space t ; his section. Name of filer, spouse, domestic partner, or chil Street Address or Legal Description: City or Borough and State: Nature of Interest: Name o Street City or Nature of 1 KODIAK ISLAND BOROUGH 2009 FINANCIAL DISCLOSURE STATEMENT SCHEDULE C REAL PROPERTY INTERESTS /RENT TO OWN Name of filer, spouse, domestic partner, or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: Proposed MB Financial Disclosure Statement (Option to Buy, Ow hip, Leasehoc Name of filer, spouse, domestic partne Street Address or Legal D tion: City or Borough and St Nature of Interest: ess or Lega qh and State: r .st: urrent Use (Op al) old) urrent Use (Optional) wnership, Leasehold) Current Use (Optional) Name of filer, spouse, artner, or child: Street Address or Legal De' • i n: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Current Use (Optional) (Option to Buy, Ownership, Leasehold) Current Use (Optional) Page 5 of 8 Name of the stocks, bon Name Extent Name Name of the s Proposed KIB Financial Disclosure Statement KODIAK ISLAND BOROUGH 2009 FINANCIAL DISCLOSURE STATEMENT SCHEDULE D BENEFICIAL INTEREST IN TRUSTS & RETIREMENT ACCOUNTS EXCEEDING $5,000 TRUSTS & RETIREMENT ACCOUNTS If NONE reportable: check box —> ❑ Report each beneficial interest in a trust or retirement account held by you, your spouse, domestic partner or dependent children that exceeded $5,000 during calendar year 2008. Retirement accounts include employee benefit accounts (pension and profit- sharing accounts), and retirement accounts (IRA, 401K, SEP or Keogh). Assets of a trust or account include stocks, bonds, mutual funds, cash accounts, CD's, real property. • Name of the trustor (the person or employer who pr9 the funds or assets for the trust or retirement account). • If a trust or retirement account is self directed, al or Templeton Growth Fund. Name of the filer, spouse, domestic pa Extent of Interest (Perce, Name of the person, Name of the filer, spouse, domestic partner, Extent of Interest (Percent) Name of the person, employer or entity who provide her assets c s or other ets contained in the retirement account or trust: •, er, s . o dom partne terest (Perce of : rson, employer m entity " "` • rovided the funds or assets (Trustor): rld: unds sets (Trusto ed in the retirement account or trust: ets (Trustor): bonds, mut finds or Cher assets contained in the retirement account or trust: Name of the stocks, bonds, mutual fu Name of the filer, spouse do stic partner, or child: Extent of Interest (Percent Name of the person, employer 'or entity who provided the funds or assets (Trustor): Name of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust: Name of the filer, spouse, domestic partner, or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets (Trustor): ets by name such as IBM stock Name of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust: Page 6 of 8 KODIAK ISLAND BOROUGH 2009 FINANCIAL DISCLOSURE STATEMENT SCHEDULE E LOANS, LOAN GUARANTEES, AND DEBTS OF $5,000 OR MORE NATURAL RESOURCE LEASES LOANS, LOAN GUARANTEES, AND DEBTS If NONE reportable: check box —� ❑ Name of Debtor (filer, spouse, domes t , partner or child URCE LEAS eases, inclu for tic partn ' chit artner or e, do _�_ partner rantor. f Lender /Credit Report the name of each creditor or lender to whom more than $5,000 was owed during calendar year 2008 by your spouse, domestic partner, or dependent children. List financial obligation including mortgages on property sol have been guaranteed; delinquent taxes, alimony, child boat and auto loans, personal loans, escrow's, stud notes. Loans include secured, unsecured and contin or revolving charge accounts. Circle whether the entity is a lender, creditor Name of Debtor (filer, spouse, domestic Name of Debtor (filer, Name of Debtor (filer, sp Name ' for (filer, NATURAL List all natr year 2008. Report this infrom sole proprietor, a p corporation in which yo controlling interest. Leaseholder Indicate: Bid, held or offer made Leaseholder Indicate: Bid, held or offer made Proposed KIB Financial Disclosure Statement If NONE re Nature of Lease Nature of Lease rig calendar year 2008; loans that payment, medical bills, mortgage, signature loans, and promissory not report credit card obligation uarantor Lender /Creditor /Guarantor Lender /Creditor /Guarantor Name of Lender /Creditor /Guarantor Name of Lender /Creditor /Guarantor ortable: check box -> ❑ mineraPmber, or ooil lease bid held or offered during calendar [tself, your spouse, domestic partner or dependent child who was or professional corporation of which you are a member; or a our family members listed above (or a combination of them) held a Identity of Lease and Description Identity of Lease and Description Page 7 of 8 CONTRACTS AND OFFERS TO CONTRACT List all contracts and offers to contract with the state or instrumentality of the state or a municipality during calendar year 2008 held, bid or offered. Report this i >fnation for yourself, your spouse, domestic partner or dependent children who was a sole p or, a partnership or professional corporation of which you are a member; or a corporation ch you or your family membes listed above (or a combination of them) held a controlling int Name(s) of Contractor Indicate: Bid, Held or Offer made Name(s) of Contractor Indicate: Bid, Held or 0 CERTIFICATION I certify under penalty of perjury that the information is this Statement is, to the best of my knowledge, true, correct and complete. A person who makes a false sworn certification which he or she does not believe to be true is guilty or perjury. SIGNATURE Printed Name of Filer MUNICIPAL OFFICIALS AND CANDIDATES — File Statements with the local City or Borough Clerk in the jurisdiction where you hold or seek office. Borough Clerk's Office 710 Mill Bay Road, Room 101 Telephone 907 - 486 -9310 Fax 907 - 486 -9391 KODIAK ISLAND BOROUGH 2009 FINANCIAL DISCLOSURE STATEMENT SCHEDULE F GOVERNMENT CONTRACTS AND LEASES CERTIFICATION If NONE reportable: check box —> ❑ DATE Place HERE TO FILE THIS STATEMENT scription ber and Description Proposed KIB Financial Disclosure Statement Page 8 of 8 Return to Top of Chapter Return to Top of Page 2.08.170 Composition of personnel board. The city council shall appoint a personnel board consisting of three members serving for overlapping two -year terms, with terms commencing on January 1. Only persons who reside within the city shall be appointed. If any member ceases to reside within the city, that member shall thereupon cease to ' 1 a position on the personnel board. The council shall fill vacancies in unexpired terms. (Ord. 1009 § 1, 2000; Ord. 9z.9 §5, 1992) Return to Top of Chapter Return to Top of Page 2.08.180 Duties of personnel board. (a) At the time prescribed for the beginning of the term of a newly- appointed member, the board shall elect a chairman. (b) The personnel board shall meet as often as necessary to hear grievances filed by city employees. (c) Following the hearing of a grievance, the personnel board shall render an advisory opinion based on its findings to the city manager with a copy to the aggrieved employee. (Ord. 929 §5, 1992) Return to Top of Chapter Return to Top of Page CHAPTER 2.10 FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST For statutory provisions governing conflict of interest, see AS 29.20.010. 2.10.010 Report of financial and business interests 2.10.020 Contents of statement .030 Modified requirements for professionals 2.10.040 Records, public 2.10.050 Refusal or failure to disclose 2.10.060 Conflicts of interest prohibited 2.10.065 Employment prohibited 2.10.070 Definitions 2.10.010 Report of financial and business interests. (a) A candidate for elective municipal office shall file a statement under oath with the city clerk, at the time of filing a nominating petition and declaration of candidacy, specifying the candidate's business interests and income sources. (b) The city manager and any appointed mayor or councilmember shall file a statement under oath with the city clerk, within thirty days after appointment to office, specifying sources of business interests and income. (c) The city manager and each municipal officer shall file a similar statement of income sources and business interests with the city clerk not later than April 15 of each year that office is held. (Ord. 475 §1 (part), 1976) Return to Top of Chapter Return to Top of Page 2.10.020 Contents of statement. (a) The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the business interests and sources of income for the officer's or candidate's spouse, dependent children, and non - dependent children residing with the officer or candidate, to the extent those sources of income or business interests are ascertainable by the officer or candidate. An asset or liability under $500, household goods, and personal effects need not be identified. (b) The statement filed shall include the following information relating to the municipal officer or candidate and the c er's or candidate's spouse, dependent children, and nondependent children residing with the officer or candidate: (1) The source of all income of one thousand dollars or more received as dividends or interest; (2) The source of all other income over five thousand dollars, including capital gains received during the preceding calendar year; (3) The name and address of each business entity owned or in which an interest was held during the preceding calendar year, including a statement of the nature of the interest owned or held; (4) The name and address of each business in which the municipal officer or candidate is an officer, director, manager, or employee during the preceding calendar year; (5) A description of each interest in real property and a statement of the nature of the interest owned; (6) Each loan, loan guarantee, or other indebtedness of five thousand dollars or more, including the identity of the maker of the loan and each creditor and the nature and terms of the transaction; (7) A list of all contracts, bids, or offers to contract with the city during the preceding year, including those made through a proprietorship, partnership, or corporation in which the officer or candidate or a member of their family, or a combination of them, hold a controlling interest; and (8) A list of each mineral, timber, oil, or other natural resource lease held, or lease offer made during the preceding calendar year, including those held or made by a partnership or professional corporation, or a corporation in which the officer or candidate or the officer's or candidate's spouse or children, or a combination of them, hold a controlling interest. (c) The statement shall be filed on a form prescribed by the city clerk. (Ord. 1060 §2, 1998; Ord. 475 §1 (part), 1976) Return to Top of Chapter Return of Page 2.10.030 Modified requirements for professionals. Notwithstanding other provisions of this chapter, medical and psychiatric doctors, attorneys, and psychologists are not required to disclose as sources of income the names of individual patients or clients who receive professional services normally considered to be confidential. This exemption shall not apply to the identity of any corporation or other business entity having a contract with the professional producing income of five thousand dollars or more for services to its members or a defined group, nor to the identity of clients receiving services that do not fall within the candidate's or official's field of professional expertise. (Ord. 475 §1 (part), 1976) Return to Top of Chapter Return to To of Page 2.10.040 Records, public. All statements required to be filed by this chapter are public records. (Ord. 475 §1 (part), 1976) Return to Top of Chapter Return to Top of Page 2.10.050 Refusal or failure to disclose. (a) If a candidate fails or refuses to file the statement required by secti 2.10.010, the candidate's filing and any accompanying fees shall be refused or, if previously accepted, shall be returned and the candidate's name shall be withheld or removed from the filing records of candidates. (b) A person failing or refusing to comply with the requirements of this chapter shall forfeit the nomination and shall not be seated or sworn to the office for which this person is a candidate. (c) A person who refuses or knowingly fails to make a required disclosure of information as provided in this chapter or who files a statement containing false or misleading information knowing it to be false or misleading shall, upon conviction, be punished by a fine of not more than three hundred dollars. plus any surcharge required to be imposed by AS 29.25.072. (Ord. 1081, §4, 1998; Ord. 475 §1 (part), 1976) Return to Top of Chapter Return to Top of Page 2.10.060 Conflicts of interest prohibited. (a) A municipal officer, appointed official, or employee may not solicit or receive money for advice or assistance given in the course of the officer's or employee's employment or relating to that employment. (b) A municipal officer, appointed official, or employee may not represent a client before the city council for a fee, except employee members of the unions pursuant to labor agreements. (c) A municipal officer, appointed official, or employee may not accept a gift, loan, gratuity, or other valuable consideration, or a promise of any of them, with the understanding or agreement, expressed or implied, that the officer will cast a vote or give an opinion, decision, or judgment in a particular manner, in a matter, question, cause, or proceeding which then is or may by law come or be brought before the municipal officer, appointed official, or employee, or with the understanding or agreement that the officer or employee will, in official capacity, act in a particular manner to produce or prevent a particular result. (d) No member of the governing body may vote on any question in which the member has a direct or indirect substantial financial interest. Direct or indirect financial interest shall be disclosed to the presiding officer prior to t vote on the question, for a ruling on a request from the member with the financial interest to be excused from the vote. The decision of the presiding officer on a request by a member of the governing body to be excused from a vote may be overridden by the majority vote of the council. If there are not at least four councilmembers in attendance who are qualified to vote, the matter shall be tabled until the next regular or special meeting at which four councilmembers qualified to vote on the matter are in attendance. (e) A municipal employee or official, other than a member of the governing body, may not participate in an official action in which the employee or official has a substantial financial interest. (Ord. 792 §1 and §2, 1986; Ord. 576, 1980; Ord. 475 §1 (part), 1976) Return to Top of Chapter Return to Top of Page `.065 Employment prohibited. Neither the Mayor nor any member of the Council may be employed by the City in any capacity within a twelve month period immediately following the term of that individual. (Ord. 1011, 1995) Return to Top of Chapter Return to Top of Page 2.10.070 Defmitions. As used in this chapter, the following definitions shall apply: (a) "Municipal officer" means the mayor, the city manager, and city council - members. (b) "Source of income" means an employer or other person or entity paying compensation, dividends, or interest, directly or indirectly, for services, products, or investments. If the income being reported is derived from employment by a sole proprietorship, partnership, or corporation in which the reporting person, the spouse or children, or a combination of them hold a controlling interest, that proprietorship, partnership, or corporation may be designated as the source of income without specifying clients or customers if the business is one that is normally conducted on a cash basis and typically does not keep records of individual customers. In all other cases, the clients or customers of the proprietorship, partnership, or corporation shall be listed as sources of income of the person whose income is being reported, whose spouse, children, or a combination of them hold a controlling interest. (Ord. 475 §1 (part), 1977) Return to Top of Chapter Return to Top of Page CHAPTER 2.12 FIRE DEPARTMENT .010 Officers 2..2.020 Chief; appointment; qualifications 2.12.030 Chief; accountable to manager 2.12.040 Shift supervisors 2.12 05.0 Chiefgeneral responsibility 2.12.060 Chief; responsibility for companies 2.12.070 Chief and /or shift supervisors; drills and instruction 2.12.080 Chief; arson suppression 2.12.090 Notice to abate fire hazard; compliance required 2.12.100 Chief; fire records 2.12.110 Chief; monthly reports to manager 2.12.120 Chief; annual report to manager 2.12.130 Employment; qualifications 2.12.140 Employment; suspension; discharge 2.12.150 Equipment; generally 2.12.160 Equipment; purchase procedure 2.12.170 Equipment; storage 2.1.2 180. Equipment; alarm 2.12.190 Equipment; unauthorized use 2.12.200 Equipment; permission required for use 2.12.210 Fire protection agreements with nearby communities 2.12.220 Equipment; assignment for use outside city 2.12.230 Badge 2 240 Vehicle; right -of -way 2.. x.250 Vehicle; insi is required 2.12.260 Vehicle; driving over fire hose 2.12.270 Vehicle; parking restrictions 2.12 280 Vehicle; following apparatus 2.12.290 False alarms Nova Javier From: Alan Schmitt [alan ©JESMKOD.COM] Sent: Monday, May 12, 2008 4:43 PM To: Nova Javier Cc: Jessica Kilborn; Marylynn McFarland Subject: Re: Financial Disclosure Exemption Ordinance Attachments: typos.pdf Good afternoon Nova: have reviewed what you prepared and offer these suggestions: 1. Apparently Sitka indeed calls its chief staff member its "administrator." But, since we use the term "borough manager" and that title is used in AS 39.50.200(8), I recommend that "borough manager" be used in the ordinance and the draft disclosure form. 2. AS 39.50.030(g) expressly states, "The requirements in this section for disclosures related to a person's domestic partner do not apply to an elected or appointed municipal officer." So, I recommend that you delete the term from the draft disclosure form - it shows up multiple times. 3. As to the draft disclosure form, there are a few typos to correct or peculiar terms to change in the boxes which describe the types of income - please see what I have circled on the attached pages. Please let me know if you have additional concerns. Alan L. Schmitt Jamin Schmitt St. John, P.C. NOTICE: This electronic message transmission contains information belonging to Jamin Schmitt St.John. It is solely for the recipient(s) named above and it may be privileged or confidential. JAMIN SCHMITT ST. JOHN EXPRESSLY PRESERVES AND ASSERTS ALL PRIVILEGES AND IMMUNITIES APPLICABLE TO THIS TRANSMISSION. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of this communication is STRICTLY PROHIBITED. If you have received this electronic transmission in error, please notify me by telephone at (907) 486 -6024 or by electronic mail (alan(a�jesmkod.com) immediately. Thank you. »> "Nova Javier" <njaviera(�kodiakak.us> 05/09/08 09:31AM »> Hi Alan, Thank you for the review. I presented the attached last night as a replacement to the first one I gave them. I used the words "municipal officer" instead of "public official" to make it inclusive of the school board. I also advised the Assembly that this will be a two step approach. First is to put this on the ballot and second, if it is approved by the voters that I will come back with proposed changes to the code. Please review attached ordinance. It mirrors Sitka's and I also created a sample form. Thanks, Nova 1 > Original Message > From: Alan Schmitt [mailto:alan @JESMKOD.COM] > Sent: Tuesday, May 06, 2008 2:52 PM > To: Nova Javier > Cc: Matt JAMIN; Rick Gifford > Subject: Financial Disclosure Exemption Ordinance > Hi Nova, > Please see the attached letter. Thanks. > Alan L. Schmitt > Jamin Schmitt St. John, P.C. > NOTICE: This electronic message transmission contains information belonging to > Jamin Schmitt St.John. It is solely for the recipient(s) named above and it may be > privileged or confidential. JAMIN SCHMITT ST. JOHN EXPRESSLY > PRESERVES AND ASSERTS ALL PRIVILEGES AND IMMUNITIES APPLICABLE TO THIS > TRANSMISSION. If you are not the intended recipient, be > aware that any disclosure, copying, distribution, or use of this communication is > STRICTLY PROHIBITED. If you have received this electronic transmission in > error, please notify me by telephone at (907) 486 -6024 or by electronic mail > (alan(a7iesmkod.com) immediately. Thank you. RENTAL INCOME List the first name of each tenant from whom over $5,000 was received during clalendar year 2008. If property is locateckfitirsi0 Aalska and managed by a person other than you, your spouse, domestic partner, dependent thTd7you may list the maanging agent instead 1 of,isting each tenant. Owner (filer, spouse, domestic partner, or child) DIVIDENDS and INTEREST Report the name of the source of ail! dividentsIW ti est and capital gains � calendar year 2008 such as Dean Witter Money Mazy * List the name(s)of the asset(s) (not in a retirement a partnex child dividends, interest or ca ®`'.I gains of mo ordova vlunicipal Bonds. * (Report the assets of a retirement a Recipient (filer, spouse, d,Zn estic partne OTHER INC_p,(tltI List eac 6ourc '1 public ! Istance, yvor social si =curty, retire entitlementsonoraria and GIFTS Recipient (filer. s Ouse, dome Proposed KIB Financial Disclosure Statement KODIAK ISLAND BOROUGH 2009 FINANCIAL DISCLOSURE STATEMENT SOURCES OF INCOME OVER $5,000 partner, or child) ccount nt) h r, t t r u s t on p a ) Recipient (filer, spouse, domestic partner, or child) Name of Source If NONE reportable: check box a ( If NONE ee Doable: check box -4 C D's ir(AB aid you, you ;000 last year sud $5,000 earned during nk. use, domestic is IBM stock or Source of Income If NONE reportable: check box -4 .000 not I)stied else on this statement, including income from cation, un mgoyment, the name of the buyer of real property, fi {,the person who paid alimony or child support, government li ing ex,enses. Name of Source If NONE reportable: check box List the source of gifts which have a value of or cumulative value of more than $250 except gifts received from a spouse, domestic partner, parent, child, sibling, grandparent, uncle, niece, or nephew. Some examples of gifts include: cash, a debt that is forgiven, scholarships, and discounts not extended to the general public. Page 3of8 KODIAK ISLAND BOROUGH 2009 FINANCIAL DISCLOSURE STATEMENT SCHEDULE E LOANS, LOAN GUARANTEES, AND DEBTS OF $5,000 OR MORE NATURAL RESOURCE LEASES LOANS, LOAN GUARANTEES, AND DEBTS If NONE reportable: check box —> Report the name of each creditor or lender to whom more than $5,000 was owed during calendar year 2008 by your spouse, domestic partner, or dependent children. List financial obligation including mortgages on property solt g calendar year 2008; loans that have been guaranteed; delinquent taxes, alimony, child - *** payment, medical bills, mortgage, boat and auto loans, personal loans (0 - student Sar oans, and promissory s signature ' notes. Loans include secured, unsecured contingre,,i.,-; 4 , ioan e not report credit card obligation t , l or revolving charge accounts. Circle whether the entity is a lender, creditor. Oarantor. Name of Debtor (filer, spouse, domest Name of Debtor (filer, spouse, domestic p Name of Debtor (filer, Leaseholder Leaseholder Name of Debtor (filer, sp6isedome Name T1ltor (filer, bp ttltri% NATURAL $,OURCE LEA List all natd includ year 2008. Report this infrpmattrin ot - sole proprielar; p.; 6 . corporation in h yo . controlling interest. Indicate: Bid, held or offer made Proposed KM Financial Disclosure Statement 4! ! , ' partner •ttd lid) Name of Lender/Creditor/Guarantor of Lender/Creditd Auarantor Lender/Creditor/Guarantor Lerider/Creditor/Guarantor Name of Lender/Creditor/Guarantor minera ;etimber, o6bll1ease bid held or offered during calendar self, your spouse, domestic partner or dependent child who was or professional corporation of which you are a member; or a our family members listed above (or a combination of them) held a If NONE reportable: check box —> Nature of Lease Identity of Lease and Description Nature of Lease Indicate: Bid, held or offer made Identity of Lease and Description Page 7 0'8 CONTRACTS AND OFFERS TO CONTRACT List all contracts and offers to contract with the state or instrumentality of the state or a municipality during calendar year 2008 held, bid or offered. Report this iRfpwation for yourself, your spouse, domestic partner or dependent children who was a sole prO tor, a partnership or_p_g_t_ 'onal corporation of which you are a member; or a corporation) h you or your family''membes ted above (or a combination of them) held a controlling intece.„ cy/Department Name(s) of Contractor Indicate: Bid, Held or Offer made Name(s) of Contractor Indicate: Bid, Held or Of CERTIFICATION I certify under penalty of perjury that the information is this Statement is, to the best of my knowledge, true, correct and complete. A person who makes a false sworn certification which he or she does not believe to be true is guilty'or erjury. SIGNATURE Printed Name of Filer KODIAK ISLAND BOROUGH 2009 FINANCIAL DISCLOSURE STATEMENT SCHEDULE F GOVERNMENT CONTRACTS AND LEASES CERTIFICATION HERE TO FILE THIS STATEMENT If NONE reportable: check box -3 DATE Place scription ber and Description MUNICIPAL OFFICIALS AND CANDIDATES - File Statements with the local City or Borough Clerk in the jurisdiction where you hold or seek office. Borough Clerk's Office 710 Mill Bay Road, Room 101 Telephone 907-486-9310 Fax 907-486-9391 Proposed KIB Financial Disclosure Statement Page 8 of 8 KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 15, 2008 REGULAR MEETING TITLE: ITEM ,N:O- 13.C.2 Ordinance No. FY2008 -20 Submitting a Proposition to the Qualified Voters at the October 7, 2008 Regular Municipal Election to Exempt the Kodiak Island Borough Elected and Appointed Officials From the Requirements of Chapter 39.50 of the Alaska Statutes, (State of Alaska Public Official Financial Disclosure Law) Relating to Disclosure Statements and Conflicts of Interest, and Establishing Local Guidelines. SUMMARY: Since APOC financial disclosure form requirements were recently amended, the Borough has fielded numerous complaints from elected officials, board and commission members, and `would be' public candidates, that the new requirements are too intrusive, would be posted on the internet, contain too much vital information that promotes identity theft, and gives unfair competitive advantages for candidates' businesses. A business owner informing potential clients that they have to disclose their personal information on the APOC financial disclosure forms, could discourage that client from doing business with that owner, just because they have volunteered to be on the Assembly or boards and commissions. Other municipalities in Alaska have seen resignations from different boards and potential candidates have declined volunteering after seeing these forms. The new forms require a potential elected or appointed official to now list all funds received over $1000. Every member also must fill out "exit" applications. There has been talk this information will be posted on the Internet in 2009. These new requirements have created hardships for different municipalities to appoint good qualified volunteers for council and boards and commissions. AS 39.50.145 states; "A municipality may exempt its municipal officers frpm the requirements of this chapter if a majority of the voters voting on the question at 2 regular election, as defined by AS 29.71.800(20), or a special municipality -wide election, vot to exempt its municipal officers from the requirements of this chapter. The question of exemp ion from the requirements of this chapter may be submitted by the city council or borough ass nbly by ordinance or by initiative election" (ordinance change to put before voters is attached). The Alaska Municipal League (AML) g ( )passed resolution 2008 -15 on ovember 9, 2007, which asked the state legislature to address these amendments, based the fact elected and appointed bodies were having difficulties finding candidates, and that financial reporting requirements were compounding that problem (Attached). Kathie Wasserman, Director of AML, stated she had spoke with State Legislators, APOC board members and the Attorney General, but none of them were willing to relax these)' 'les because KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 15, 2008 REGULAR MEETING of the current political atmosphere within the state. Wasserman was positive nothing would be done this legislative session, and urged people to contact their legislators about this problem. Around half of Alaska's 200+ communities have already voted to be exempt from state disclosure requirements. This list is also attached. A poll was conducted with the Clerk's around the States and it was found that • Delta is having an ordinance drafted to exempt them from the requirements because of the intrusiveness of the forms. • Sitka is not pleased with the new requirements, and would be putting an exemption to the voters this fall. • Both Wasilia and Ketchikan Gateway Borough clerks were not sure this would pass in their communities because of the recent climate of impropriety with Juneau lawmakers. • City of Kodiak had opted out years ago (1976), and I have attached a copy of their financial disclosure form that they require for public viewing. • The city clerk in Juneau had contacted Brooke Miles with APOC on this very question, and below was the response back; To clarify the concern regarding the posting of municipal financial disclosure statements online, I believe that the legislation passed last year (HB 109 - and I'm looking it up as I type this) that only municipalities with a population of more than 5,000 will be required to file online. It will be the online filing that creates the database for online viewing. This section of the law takes effect January 1, 2009. As you are most likely aware, we do not have the technology for receiving electronically filed statements this year, but it will be ready in time for the 2009 annual statement and the 2009 October elections. I have heard concerns from many municipalities are considering placing on the October 8, 2008 election ballots the proposal to opt out of financial disclosure filing under AS 39.50 (which is permitted in accordance with AS 30.50.145) and enacting, by ordinance, their own financial disclosure requirements based on the state law before the HB 109 amendments. One of the issues that remains to be resolved is the matter of the records custodian. Under AS 39.50.020(b), municipal clerks are the custodian for the municipal filings (as you are well aware). I'm uncertain of how this relates to electronic filing. I intend to ask the department of law for guidance on this issue, and we shall do our diligent best to keep municipal clerks on top of these discussions. Although it has been rumored and spoke of above, of having these forms available on the internet, but only to Municipalities with populations of 5000 or less, this could not be substantiated by press time. In your discussion, you may decide to opt out and put this on the ballot for October. If so, you may also decide what the city's requirements for disclosure should be to prevent conflicts of interest, to help assure the integrity of the decision - making process, and to assist holding our public officials accountable. If approved by the voters, a local disclosure form like Kodiak's could be instituted later to provide adequate safeguards for the public. Other places for information and research: www.apoc.alaska.gov Find bills at BASIS www.legis.state.ak.us /basis /start.asp Comprehensive Ethics Act went into law July 9, 2007, HB 109 Alaska Statutes (AS) 39.50 Legislative Financial Disclosure AS 24.60.200 Campaign Financial Disclosure AS 15.13 Lobbying Financial Disclosure AS 24.45 FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 15, 2008 REGULAR MEETING Introduced by: Assembly Requested by: Assembly Drafted by: Borough Clerk Introduced: 05/15/2008 Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 - 20 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH SUBMITTING A PROPOSITION TO THE QUALIFIED VOTERS AT THE OCTOBER 7, 2008 REGULAR MUNICIPAL ELECTION TO EXEMPT KODIAK ISLAND BOROUGH MUNICIPAL ELECTED AND APPOINTED OFFICIALS FROM THE REQUIREMENTS OF CHAPTER 39.50 OF THE ALASKA STATUTES, (STATE OF ALASKA PUBLIC OFFICIAL FINANCIAL DISCLOSURE LAW) RELATING TO DISCLOSURE STATEMENTS AND CONFLICTS OF INYEREST, AND ESTABLISHING LOCAL GUIDELINES WHEREAS, the Alaska Legislature has statutory provisions relating to the disclosure and reporting of financial and business interests of public officials, which includes municipal elected and appointed officials; and WHEREAS, the new requirements hp,ve become too intrusive and unreasonable, which will create hardship for keeping and recruiting municipal elected and appointed officials in our community; and WHEREAS, those statutory provisions are a..licable to municipal officers unless a majority of the voters at a general election, approve an or. ance exempting its municipal officers from the requirements of the state provisions; and WHEREAS, the Assembly believes in the public's r . ht to know the financial and business interests of the persons who seek and hold public office; d WHEREAS, the Assembly desires to establish adequate loc rovisions relating to disclosure of business and financial interests and conflicts of interest; and • WHEREAS, local provisions can be enacted by ordinance t• assure public access, accountability, and continue the public trust by requiring officials in thei official acts to disclose private or business interests; and WHEREAS, this change will still protect the public from the influence of undi closed private or business interests, permit public access to information necessary to judge the redentials and performance of those who seek and hold public office, while allowing certain right of privacy for our citizens seeking to hold public office; and WHEREAS, the Assembly wishes this issue be placed on the ballot, in substantia form as shown below, for voter approval at the October 7, 2008 municipal election. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISL ND BOROUGH that: Section 1. Municipal officers of the Kodiak Island Borough, Alaska shall be exempt from A 39.50, State of Alaska Public Official Financial Disclosure Law, if approved by the voters. Kodiak Island Borough Ordinance No. FY2008 -20 Page 1 of 3 Section 2. The Borough Clerk is hereby directed to submit Proposition No. 1 to the qualified voters at the October 7, 2008 regular municipal election in substantially the following form: PROPOSITION NO. 1 EXEMPTING MUNICIPAL OFFICIALS FROM THE REQUIREMENT OF THE STATE FINANCIAL DISCLOSURE LAWS, AND ESTABLISH OWN FORM AND GUIDELINES Shall the Kodiak Island Borough exempt its municipal officers from the State Financial Disclosure Laws, (AS 39.50), and adopt a form of its own to reflect locally adopted guidelines related to financial disclosure and conflicts of interest? O YES O NO A "YES" vote would exempt Kodiak Island Borough elected and appointed officials from the requirements of chapter 39.50 of the Alaska Statutes, (State of Alaska Public Official Financial Disclosure Law) relating to disclosure statements and conflicts of interest, and requires establishment of local guidelines. A "NO" vote would continue to require Kodiak Island Borough elected and appointed officials follow Chapter 39.50 of the Alaska Statutes, (State of Alaska Public Official Financial Disclosure Law), relating to disclosure statements and conflicts of interest. Section 3. Proposition 1 shall be published in the same manner as the notice of the October 7, 2008 municipal election. Section 4. Proposition 1 shall become effective upon its approval by a majority of the qualified voters and certification of the October 7, 2008 municipal election and shall amend Title 7 Elections, Chapter 7.20 Qualifications of Voters and Candidates, Section 7.20.030 Declaration of candidacy by petition as follows: 7.20.030 Declaration of candidacy by petition. A. At least sixty -five (65) days before each regular election, the clerk shall publish in one (1) or more newspapers of general circulation in the borough a notice of offices to be filled at the election and the manner of making nominations. B. Any qualified person may have his name placed on the ballot as a candidate for any elective office by filing no earlier than fifty -seven (57) days nor later than thirty -nine (39) days before the regular election, with the clerk, a nominating petition signed by ten (10) qualified voters of the borough. Candidates for elective office shall file a financial disclosure statement form - ..... _ _ _ - - _ _ • . . _ at the time of filing the nominating petition and declaration of candidacy. Section 5: Proposition 1 shall become effective upon its approval by a majority of the qualified voters and certification of the October 7, 2008 municipal election and shall amend Title 2 Administration and personnel, Chapter 2.18.010 Conflict of interest prohibited as follows: Sections: 2.18.010 Conflicts of interest prohibited. 2.18.020 Definitions. Chapter 2.18 CONFLICT OF INTEREST Kodiak Island Borough Ordinance No. FY2008 -20 Page2of3 2.18.010 Conflicts of interest prohibited. A. A municipal officer, appointed official, or employee may not solicit or receive money for advice or assistance given in the course of the officer's or employee's employment or relating to his employment. B. A municipal officer, appointed official, or employee may not represent a client before the assembly or the planning and zoning commission for a fee. C. A municipal officer, appointed official, or employee may not accept a gift, loan, gratuity, or other valuable consideration, or a promise of any of them, with the understanding or agreement, expressed or implied, that the officer will cast a vote or give an opinion, decision or judgment in the particular manner, in a matter, question, cause, or proceeding which then is or may by law come or be brought before him, or with the understanding or agreement that the officer or employee will, in his official capacity, act in a particular manner to produce or prevent a particular result. D. No municipal officer, appointed official, or employee may vote or participate in any official action in which he has a substantial direct or indirect financial interest. Direct or indirect financial interest shall be disclosed to the chair prior to a vote on the question, and if there are not at least four (4) assembly members in attendance who are qualified to vote, the matter shall be tabled until the next regular or special meeting at which four (4) assembly members qualified to vote on the matter are in attendance. E. A municipal officer, appointed official, or employee may not use his official position for the primary purpose of obtaining financial gain for himself, or his spouse, child, mother, father, or business with which he is associated or owns stock. F. A municipal officer shall file a statement under oath with the borough clerk, at the time of filing a nominating petition and declaration of candidacy, specifying the candidate's business interests and income sources. G. An appointed municipal officer shall file a statement under oath with the borough clerk, within thirty days after appointment to office, specifying sources of business interests and income. H. A municipal officer shall file a similar statement of income sources and business interests with the borough clerk not later than April 15 of each year that office is held. 2.18.020 Definitions. As used in this chapter, the following definitions shall apply: A. "Municipal officer" means the mayor, assembly members, manager, and members of the planning and zoning commission. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2008 -20 Page 3of3 Council Agenda Statement Meeting Date: March 24, 2008 To: Mayor Corbridge, City Council From: Jean Lewis, City Clerk Agenda Item: APOC Financial Disclosure Form Ballot Proposition BACKGROUND & JUSTIFICATION: Since APOC financial disclosure form requirements were recently amended, the city has fielded numerous complaints from elected officials, board and commission members, and `would be' public candidates, that the new requirements are too intrusive, would be posted on the internet, contain too much vital information that promotes identity theft, and gives unfair competitive advantages for candidates' businesses. A business owner informing potential clients that they have to disclose their personal information on the APOC financial disclosure forms, could discourage that client from doing business with that owner, just because they have volunteered to be on the city council or boards and commissions. The City of Seward has seen one resignation from the Seward Planning & Zoning Commission, with more threatening to follow. Two potential candidates have declined volunteering after seeing these forms. The new forms require a potential elected or appointed official to now list all funds received over $1000. Every member also must fill out "exit" applications. There has been talk this information will be posted on the internet in 2009. These new requirements have created a hardship for our town to appoint good qualified volunteers for our council and boards and commissions. AS 39.50.145 states; "A municipality may exempt its municipal officers from the requirements of this chapter if a majority of the voters voting on the question at a regular election, as defined by AS 29.71.800(20), or a special municipality -wide election, vote to exempt its municipal officers from the requirements of this chapter. The question of exemption from the requirements of this chapter may be submitted by the city council or borough assembly by ordinance or by initiative election" (orddi ar ce drags tope 'ote.vgters is a e The Alaska Municipal League (AML) passed resolution 2008 -15 on November 9, 2007, which asked the state legislature to address these amendments, based on the fact elected and appointed bodies were having difficulties finding candidates, and that the financial reporting requirements were compounding that problem (Atirhed). In a 3/12/08 phone conversation with Kathie Wasserman, Director of AML, she stated she had spoke with State Legislators, APOC board members and the Attorney General, but none of them were willing to relax these rules because of the current political atmosphere within the state. Wasserman was positive nothing would be done this legislative session, and urged people to contact their legislators about this problem. Around half of Alaska's 200+ communities have already voted to be exempt from state disclosure requirements. This list is also ait c1I. In polling other city clerks recently, we have found; • per a Feb 19 council meeting, Delta is having an ordinance drafted to exempt them from the requirements because of the intrusiveness of the forms. Sitka is not pleased with the new requirements, and would be putting an exemption to the voters this fall. Both Wasilla and Ketchikan Gateway Borough clerks were not sure this would pass in their communities because of the recent climate of impropriety with Juneau lawmakers. > Kodiak had opted out years ago (1976), and I have 4#4 40:4 a copy of their financial disclosure form that they require for public viewing. • The city clerk in Juneau had contacted Brooke Miles with APOC on this very question, and below was the response back; To clarify the concern regarding the posting of municipal financial disclosure statements online, I believe that the legislation passed last year (HB 109 - and I'm looking it up as I type this) that only municipalities with a population of more than 5,000 will be required to file online. It will be the online filing that creates the database for online viewing. This section of the law takes effect January 1, 2009. As you are most likely aware we do not have the technology for receiving electronically filed statements this year, but it will be ready in time for the 2009 annual statement and the 2009 October elections, I have heard concerns from many municipalities are considering placing on the October 8, 2008 election ballots the proposal to opt out of financial disclosure filing under AS 39.50 (which is permitted in accordance with AS 30.50.145) and enacting, by ordinance, their own financial disclosure requirements based on the state law before the HB 109 amendments. One of the issues that remains to be resolved is the matter of the records custodian. Under AS 39.50.020(b), municipal clerks are the custodian for the municipal filings (as you are well aware). I'm uncertain of how this relates to electronic filing. I intend to ask the department of law for guidance on this issue, and we shall do our diligent best to keep municipal clerks on top of these discussions. Other places for information and research: www.apoc.alaska,gov Find bills at BASIS www. legis .state.ak.us/basis /start.asp Comprehensive Ethics Act went into law July 9, 2007, HB 109 Alaska Statutes (AS) 39.50 Legislative Financial Disclosure AS 24,60.200 Campaign Financial Disclosure AS 15.13 Lobbying Financial Disclosure AS 24.45 Although it has been rumored and spoke of above, of having these forms available on the internet, but only to city's with populations of 5000 or less, this could not be substantiated by press time. In your discussion, you may decide to opt out and put this on the ballot for October. If so, you may also decide what the city's requirements for disclosure should be to prevent conflicts of interest, to help assure the integrity of the decision - making process, and to assist holding our public officials accountable. If approved by the voters, a local disclosure form like Kodiak's could be instituted later to provide adequate safeguards for the public. INTENT: To put this issue to voters in October so the City can continue to elect and appoint municipal officials, while still protecting the public from the influence of undisclosed private or business interests, but establish our own guidelines that are not as intrusive as the state requirements of AS 39.50. CONSISTENCY CHECKLIST: Where applicable, this resolution /ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: Possibility of city funds expended by a later ordinance if the city decided to "lobby" for this change. Approved by Finance Department: RECOMMENDATION: Approve Non -Code Ordinance 2008 -005, submitting a proposition to the qualified voters at the October 7, 2008 regular municipal election to exempt City of Seward elected and appointed officials from the requirements of Chapter 39.50 of the Alaska Statutes, and establish own guidelines for financial disclosure. Sponsored by: City Clerk introduction Date: March 24, 2008 Public Hearing Date: April 14, 2008 Postponed: April 28, 2008 Enactment Date: April 28, 2008 CITY OF SEWARD, ALASKA . 2,/Z NON -CODE ORDINANCE 2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUBMITTING A PROPOSITION TO THE QUALIFIED VOTERS AT THE OCTOBER 7, 2008 REGULAR MUNICIPAL ELECTION TO EXEMPT CITY OF SEWARD MUNICIPAL ELECTED AND APPOINTED OFFICIALS FROM THE REQUIREMENTS OF CHAPTER 39.50 OF THE ALASKA STATUTES, (STATE OF ALASKA PUBLIC OFFICIAL FINANCIAL DISCLOSURE LAW) RELATING TO DISCLOSURE STATEMENTS AND CONFLICTS OF INTEREST, AND ESTABLISHING LOCAL GUIDELINES WHEREAS, the Alaska Legislature has statutory provisions relating to the disclosure and reporting of financial and business interests of public officials, which includes municipal elected and appointed officials; and WHEREAS, the new requirements have become too intrusive and unreasonable, which has created a hardship for keeping and recruiting municipal elected and appointed officials in our community; and WHEREAS, those statutory provisions are applicable to municipal officers unless a majority of the voters at a general election, approve an ordinance exempting its municipal officers from the requirements of the state provisions; and WHEREAS, the City Council believes in the public's right to know the financial and business interests of the persons who seek and hold public office; and WHEREAS, the City Council desires to establish adequate local provisions relating to disclosure of business and financial interests and conflicts of interest; and WHEREAS, local provisions can be enacted by ordinance to assure public access, accountability, and continue the public trust by requiring officials in their official acts to disclose private or business interests; and WHEREAS, this change will still protect the public from the influence of undisclosed private or business interests, permit public access to information necessary to judge the credentials and performance of those who seek and hold public office, while allowing certain rights of privacy for our citizens seeking to hold public office; and WHEREAS, the City council wishes this issue be placed on the ballot, in substantial form as shown below, for voter approval at the October 7, 2008 municipal election. NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF SEWARD ORDAINS that: CITY OF SEWARD, ALASKA NON -CODE ORDINANCE 2008 -005 Section 1. Municipal officers of the City of Seward, Alaska shall be exempt from AS 39.50, State of Alaska Public Official Financial Disclosure Law, if approved by the voters. Section 2. The City Clerk is hereby directed to submit Proposition No. 1 to the qualified voters at the October 7, 2008 regular municipal election in substantially the following form: PROPOSITION NO. 1 EXEMPTING MUNICIPAL OFFICIALS FROM THE REQUIREMENT OF THE STATE FINANCIAL DISCLOSURE LAWS, AND ESTABLISH OWN FORM AND GUIDELINES Shall the City of Seward exempt its municipal officers from the State Financial Disclosure Laws, (AS 39.50), and adopt a form of its own to reflect locally adopted guidelines related to financial disclosure and conflicts of interest? YES No A "YES" vote would exempt City of Seward elected and appointed officials from the requirements of chapter 39.50 of the Alaska Statutes, (State of Alaska Public Official Financial Disclosure Law) relating to disclosure statements and conflicts of interest, and requires establishment of local guidelines, A "NO" vote would continue to require City of Seward elected and appointed officials follow Chapter 39.50 of the Alaska Statutes, (State of Alaska. Public Official Financial Disclosure Law), relating to disclosure statements and conflicts of interest. Section 3. Proposition 1 shall be published in the same manner as the notice of the October 7, 2008 municipal election. Section 4. Proposition 1 shall become effective upon its approval by a majority of the qualified voters at the October 7, 2008 municipal election, as provided in Section 14,7 of the Charter of the City of Seward. Section 5. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 28` day of April 2008. CITY OF SEWARD, ALASKA NON -CODE ORDINANCE 2008 -005 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor Alr ALASKA IALUNICIPAL EAGUE A1kisha Conf4 recce r fMayo,s ALASKA MUNICIPAL LEAGUE RESOLUTION #2008 -15 A RESOLUTION URGING THE ALASKA STATE LEGISLATURE TO RECOGNIZE AMENDMENTS TO AS. 39.50 SO THAT DISCLOSURE REQUIREMENTS ARE APPROPRIATE FOR LOCAL ELECTED AND APPOINTED OFFICIALS WHEREAS, as AS. 39.50, governing Alaska .Public Offices Commission (APOC) has been amended to include several new rules retroactive to the proceeding calendar year, that apply to elected and appointed municipal officials; and WHEREAS, municipalities and their respective elected and appointed officials did not have an opportunity to review and comment on the changes; and WHEREAS, APOC has not yet published any guidelines or a manual for candidates to adhere to the new regulations; and WHEREAS, new rules now require financial statements for public officials as they exit office and are retroactively instituted; and WHEREAS, the general public and many candidates for public office have not been clearly informed or made aware of these changes; and WHEREAS, it is well -known that local elected and appointed bodies, including planning boards and commissions are having difficulties finding candidates to serve and these new financial reporting requirements have compounded the situation; and WHEREAS, new regulations state that completed APOC Public Official Financial Disclosure Statements shall be published on the internet and will include publication of total amounts of income naming each source and identification of the names of minor children. NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League urges the State Legislature to recognize amendments to AS. 39.50 so that disclosure requirements are appropriate for local elected and appointed officials. PASSED AND APPROVED by the Alaska Municipal League on the 9th day of November, 2007. Signed: ��t^ Tim Beck, President, Alaska Municipal League Attest: \ a -- Kathi asserman, Executive Director, Alaska Municipal League ALASKA MUNICIPAL LEAGUE • 217 SECOND STREET, SUITE 200, JUNEAU, AK 99801 • (907) 586 -1325 • WWW.AKML.ORG Apr-28 -08 13:51 From -City of Seward "Information is the currency of democracy." — Thomas Jefferson 10 — EXEMPT LOCAL GOVERNMEl‘TTS Communities exempt from filing Public Official Financial Disclosure statement Communities may opt our of state disclosure requirements under AS 39.50.145; Participation by municipalities. A municipality may exempt its municipal officers from the requirements of this chapter if a majority of those voting on the question at a regular election, as defined by AS 29.71800 (20), or a special municipality -wide election, vote to exempt its municipal officers from the requirements of this chapter. The question of exemption from the requirements of this chapter may be submitted by the city council or borough assembly by ordinance or by initiative election. Roughly half of Alaska's 200+ communities have voted to be exempt from state disclosure requirements. These are primarily small, rural communities. Exempt communities: Alchiok Diomede Kotlik Port Heiden Akiak Eagle � le Koyuk Port Lions Koyukuk Quinhagak Alakunuk Ekwok Kupreanof Ruby Alelcnagik Elim Larson Bay Russian Mission Allakaket Emmonak Marshall Savoonga Ambler False Pass Metlakatla Saxman Anaktuvuk Pass Galena Napakiak, Scainmon Bay Anderson Gambell Nenana Shageluk Aniak Golovin Newtok Shaktoolik Atka Goodnews Bay Nightmute Sheldon Point Atgesuk Grayling Nilcolai Shishmaref Betties Homer Nondalton Shungnak Brevig Mission Houston Noorvik St. George Is. Bristol Bay Hughes Nuiqstrt St. Malys Borough Huslia Nulato Tanana Bucicland Kachemak Nunapitchuk Teller Cherfornak Kake Old Harbor Tenakee Springs Chevak Kaktovik Ouzinkie Toksook Bay Chignik Kaitag Palmer ChuathbaJuk Unalakleet Kasaan Pelican Upper Kalskag Clarks Point Kiana Petersburg Valdez Cold Bay King Cove Pilot Point Cordova Wales Kivalina Pilot Station White Mountain Craig Klawock Platinum Whittier tier Kobuk Point Hope Dillingham Kodiak ( city) ty) Part Alexander 2008 GUIDE to FINANCIAL DISCLOSURE in ALASKA Alaska Public Offices Commission January 2008 224 -4038 T -295 P.015 /015 F -938 - 12 - CITY OF KODIAK FINANCIAL DISCLOSURE STATEMENT FOR PUBLIC OFFICIAL (KCC 2.10.010) Covering the period from January 1 to December 31, 2006 REPORTING OFFICIAL (KCC 2.10.020(a)) NAME RESIDENCE ADDRESS MAILING ADDRESS Indicate any changes on reverse or on additional sheet. FAMILY MEMBERS OF REPORTING OFFICIAL SPOUSE DEPENDENT CHILDREN NON - DEPENDENT CHILDREN LIVING WITH REPORTING OFFICIAL (Continue on reverse or additional sheet if more space is needed) Exclusive of assets having G opl NA $ 500, h o R sehold goods, property (KCC 2.10.020(a)) g and personal REPORTING OFFICIAL TANGIBLE PROPERTY (Continue on blank sheet of paper if more space is needed) FAMILY MEMBERS N AME REPORTING OFFICIAL SOURCE OF INCOME TANGIBLE PROPERTY (Continue on blank sheet of paper if more space is needed) SOURCES OF ALL INCOME OF $1,000 OR MORE RECEIVED AS DIVIDENDS OR INTEREST (KCC 2.10.020(b)(1)) (Continue on blank sheet of paper if more space is needed) FAMILY MEMBERS NAME SOURCE OF INCOME (Continue on blank sheet of paper if more space is needed) SOURCES OF ALL OTHER INCOME OVER $5,000 INCLUDING CAPITAL GAINS (KCC 2.10.020(b)(2)) REPORTING OFFICIAL SOURCE OF INCOME (Continue on blank sheet of paper if more space is needed) FAMILY MEMBERS NAME SOURCE OF INCOME (Continue on blank sheet of paper if more space is needed) NAME AND ADDRESS OF EACH BUSINESS ENTITY OWNED OR IN WHICH AN INTEREST WAS HELD DURING THE PRECEDING YEAR (KCC 2.10.020(b)(3)) REPORTING OFFICIAL NATURE OF INVOLVEMENT NAME AND ADDRESS OF BUSINESS (Continue on blank sheet of paper if more space is needed) FAMILY MEMBERS NAME NATURE OF INVOLVEMENT NAME AND ADDRESS OF BUSINESS (Continue on blank sheet of paper if more space is needed) REPORTING OFFICIAL NATURE OF INVOLVEMENT NAME AND ADDRESS OF BUSINESS (Continue on blank sheet of paper if more space is needed) FAMILY MEMBERS NAME NATURE OF INVOLVEMENT NAME AND ADDRESS OF BUSINESS (Continue on blank sheet of paper if more space is needed) REAL PROPERTY INTERESTS OWNED, INCLUDING OPTIONS TO BUY (KCC 2 .10.020(b)(5)) REPORTING OFFICIAL IDENTITY OF PROPERTY NAME AND ADDRESS OF EACH BUSINESS INVOLVEMENT AS A DIRECTOR, OWNER, MANAGER, EMPLOYEE, ETC. (KCC 2.10.020(b)(4)) NATURE OF INTEREST (Continue on blank sheet of paper if more space is needed) FAMILY MEMBERS NAME IDENTITY OF PROPERTY NATURE OF INTEREST (Continue on blank sheet of paper if more space is needed) NAME IDENTITY OF MAKER OF LOAN AND LOAN GUARANTOR, OR CREDITOR NATURE AND TERMS (SECURED, PERSONAL, ETC.) REPORTING OFFICIAL LOANS, LOAN GUARANTEES OR OTHER FINANCIAL OBLIGATIONS OF $5,000 OR MORE (KCC 2.10,020(b)(6)) IDENTITY OF MAKER OF LOAN AND LOAN GUARANTOR, OR CREDITOR NATURE AND TERMS (SECURED, PERSONAL, ETC.) (Continue on blank sheet of paper if more space is needed) FAMILY MEMBERS (Continue on blank sheet of paper if more space is needed) CONTRACTS AND OFFERS TO CONTRACT WITH THE CITY OF KODIAK (KCC 2.10.020(b)(7)) REPORTING OFFICIAL IDENTITY OF CONTRACT INDICATE HELD, BID, OR OFFERED (Continue on blank sheet of paper if more space is needed) FAMILY MEMBERS OR OTHERS NAME AND RELATIONSHIP IDENTITY OF CONTRACT INDICATE HELD, BID, OR OFFERED (Continue on blank sheet of paper if more space is needed) L.S. REPORTING OFFICIAL NATURE OF LEASE LEASES OR OFFERS TO LEASE MINERAL, TIMBER, OIL, OR OTHER NATURAL RESOURCES (KCC 2.10.020(b)(8)) IDENTITY OF LEASE (Continue on blank sheet of paper if more space is needed) FAMILY MEMBERS NAME NATURE OF LEASE IDENTITY OF LEASE INDICATE HELD OR OFFERED INDICATE HELD OR OFFERED (Continue on blank sheet of paper if more space is needed) DECLARATION OF REPORTING OFFICIAL I, the undersigned, declare under oath and on penalty of perjury that the statements contained in the foregoing financial disclosure statement are, to the best of my knowledge, true and accurate. SIGNATURE DATE State of Alaska ) ) s.s. City of Kodiak ) Subscribed and sworn to before me this day of , 2007, by whose identity I proved on the basis of: personal knowledge identification: Witness my hand and official seal: Notary Public My commission expires: CHAPTER 2.10 FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST For statutory provisions governing conflict of interest, see AS 29.20,010. 2.10.010 Report of financial and business interests 2.10.020 Contents of statement 2.10.030 Modified requirements for professionals 2.10.040 Records, public 2.10.050 Refusal or failure to disclose 2.10.060 Conflicts of interest prohibited 2.10.065 Employment prohibited 2.10.070 Definitions 2.10.010 Report of financial and business interests. (a) A candidate for elective municipal office shall file a statement under oath with the city clerk, at the time of filing a nominating petition and declaration of candidacy, specifying the candidate's business interests and income sources. (b) The city manager and any appointed mayor or councilmember shall file a statement under oath with the city clerk, within thirty days after appointment to office, specifying sources of business interests and income. (c) The city manager and each municipal officer shall file a similar statement of income sources and business interests with the city clerk not later than April 15 of each year that office is held. (Ord. 475 §1 (part), 1976) Return to Top of Chapter Return to Top of Page 2.10.020 Contents of statement. (a) The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the business interests and sources of income for the officer's or candidate's spouse, dependent children, and non- dependent children residing with the officer or candidate, to the extent those sources of income or business interests are ascertainable by the officer or candidate. An asset or liability under $500, household goods, and personal effects need not be identified. (b) The statement filed shall include the following information relating to the municipal officer or candidate and the officer's or candidate's spouse, dependent children, and nondependent children residing with the officer or candidate: (1) The source of all income of one thousand dollars or more received as dividends or interest; (2) The source of all other income over five thousand dollars, including capital gains received during the preceding calendar year; (3) The name and address of each business entity owned or in which an interest was held during the preceding calendar year, including a statement of the nature of the interest owned or held; (4) The name and address of each business in which the municipal officer or candidate is an officer, director, manager, or employee during the preceding calendar year; (5) A description of each interest in real property and a statement of the nature of the interest owned; (6) Each loan, loan guarantee, or other indebtedness of five thousand dollars or more, including the identity of the maker of the loan and each creditor and the nature and terms of the transaction; (7) A list of all contracts, bids, or offers to contract with the city during the preceding year, including those made through a proprietorship, partnership, or corporation in which the officer or candidate or a member of their family, or a combination of them, hold a controlling interest; and (8) A list of each mineral, timber, oil, or other natural resource lease held, or lease offer made during the preceding calendar year, including those held or made by a partnership or professional corporation, or a corporation in which the officer or candidate or the officer's or candidate's spouse or children, or a combination of them, hold a controlling interest. (c) The statement shall be filed on a form prescribed by the city clerk. (Ord. 1060 §2, 1998; Ord. 475 §1 (part), 1976) Return to Top of Chapter Return to Top of Page 2.10.030 Modified requirements for professionals. Notwithstanding other provisions of this chapter, medical and psychiatric doctors, attorneys, and psychologists are not required to disclose as sources of income the names of individual patients or clients who receive professional services normally considered to be confidential. This exemption shall not apply to the identity of any corporation or other business entity having a contract with the professional producing income of five thousand dollars or more for services to its members or a defined group, nor to the identity of clients receiving services that do not fall within the candidate's or official's field of professional expertise. (Ord. 475 §1 (part), 1976) Return to Top of Chapter Return to Top of Page 2.10.040 Records, public. All statements required to be filed by this chapter are public records. (Ord. 475 §1 (part), 1976) Return to Top of Chapter Return to Top of Page 2.10.050 Refusal or failure to disclose. (a) If a candidate fails or refuses to file the statement required by section 2.10.010, the candidate's filing and any accompanying fees shall be refused or, if previously accepted, shall be returned and the candidate's name shall be withheld or removed from the filing records of candidates. (b) A person failing or refusing to comply with the requirements of this chapter shall forfeit the nomination and shall not be seated or sworn to the office for which this person is a candidate. (c) A person who refuses or knowingly fails to make a required disclosure of information as provided in this chapter or who files a statement containing false or misleading information knowing it to be false or misleading shall, upon conviction, be punished by a fine of not more than three hundred dollars. plus any surcharge required to be imposed by AS 29.25.072. (Ord. 1081, §4, 1998; Ord. 475 §1 (part), 1976) Return to Top of Chapter Return to Top of Page 2.10.060 Conflicts of interest prohibited. (a) A municipal officer, appointed official, or employee may not solicit or receive money for advice or assistance given in the course of the officer's or employee's employment or relating to that employment. (b) A municipal officer, appointed official, or employee may not represent a client before the city council for a fee, except employee members of the unions pursuant to labor agreements. (c) A municipal officer, appointed official, or employee may not accept a gift, loan, gratuity, or other valuable consideration, or a promise of any of them, with the understanding or agreement, expressed or implied, that the officer will cast a vote or give an opinion, decision, or judgment in a particular manner, in a matter, question, cause, or proceeding which then is or may by law come or be brought before the municipal officer, appointed official, or employee, or with the understanding or agreement that the officer or employee will, in official capacity, act in a particular manner to produce or prevent a particular result. (d) No member of the governing body may vote on any question in which the member has a direct or indirect substantial financial interest. Direct or indirect financial interest shall be disclosed to the presiding officer prior to the vote on the question, for a ruling on a request from the member with the financial interest to be excused from the vote. The decision of the presiding officer on a request by a member of the governing body to be excused from a vote may be overridden by the majority vote of the council. If there are not at least four councilmembers in attendance who are qualified to vote, the matter shall be tabled until the next regular or special meeting at which four councilmembers qualified to vote on the matter are in attendance. (e) A municipal employee or official, other than a member of the governing body, may not participate in an official action in which the employee or official has a substantial financial interest. (Ord. 792 §1 and §2, 1986; Ord. 576, 1980; Ord. 475 §1 (part), 1976) Return to Top of Chapter Return to Top of Page 2.10.065 Employment prohibited. Neither the Mayor nor any member of the Council may be employed by the City in any capacity within a twelve month period immediately following the term of that individual. (Ord. 1011, 1995) Return to Top of Chapter Return to Top of Page 2.10.070 Definitions. As used in this chapter, the following definitions shall apply: (a) "Municipal officer" means the mayor, the city manager, and city council- members. (b) "Source of income" means an employer or other person or entity paying compensation, dividends, or interest, directly or indirectly, for services, products, or investments. If the income being reported is derived from employment by a sole proprietorship, partnership, or corporation in which the reporting person, the spouse or children, or a combination of them hold a controlling interest, that proprietorship, partnership, or corporation may be designated as the source of income without specifying clients or customers if the business is one that is normally conducted on a cash basis and typically does not keep records of individual customers. In all other cases, the clients or customers of the proprietorship, partnership, or corporation shall be listed as sources of income of the person whose income is being reported, whose spouse, children, or a combination of them hold a controlling interest. (Ord. 475 §1 (part), 1977) Return to Top of Chapter Return to Top of Page ArchitecturaVEngineering Review Board Meeting 5 March 2008 — 7:00 pm MB Conference Room A. Call to Order The Chair called the meeting to order at 7:04 pm. B. Roll Call "Street" pile will be changed to "sheet" pile. Minutes \ \dove\Departments\EF \Architectural Review Board\ARB Minutes 2008\Arb Minutes 080305.doc Page 1 of 7 ARB Members present were Scott Arndt, Gregg Hacker, Jay Johnston and Brent Watkins Absent Members were Jerrol Friend, Charlie Jerling and Reed Oswalt. Representing the School District was Bob Tucker. Representing the KIB Engineering and Facilities Department were Woody Koning, Ken Smith and Sharon Lea Adinolfi. Tony Yorba of Jensen Yorba Lott participated telephonically. C. Approval of Agenda It was moved and seconded to approve the Agenda. There was a unanimous affirmative roll call vote. D. Approval of Minutes [29 and 31 January 2008 and 5 February 2008] It was moved and seconded to approve the Minutes as presented. Discussion: J. Johnston noted an incorrect sentence at the bottom of page 3 of the 5 February 2008 Minutes. There was a unanimous voice vote to approve the Minutes as corrected. Tony Yorba was contacted by telephone at approximately 7:10 pm. E. 95% Review of KHS Library Wing Seismic Upgrade T. Yorba began by reviewing comments from the previous ARB Meeting. Al204 - shows widened area where dust protection will take place. Upper level — pickups — pulled out some more casework — added removal notes from last trip to site. A1301 exterior elevation — panel layout and window layout on original construction documents were incorrect — panel joints are centered on grid lines — that has been corrected. Also shown the pit via dash line showing excavation. JJ asked if the end slopes on the excavation had been addressed. TY said sheet piles will be indicated on the structural drawings. A 1302 — shows the excavation and adds more notes for the existing conditions — duct work on the ceiling will be protected. A1302 - primarily additional infill information has been added and existing air plenums have been noted. A1602 - shows the ceilings being pulled back to temporary partition. Need to show the ceiling being removed on the other side of the wall. A1603 - may not need dust enclosure in this area, but will talk to the mechanical engineer on this. Possible that the contractor will need to build a dust enclosure. A1801 - noticed there were some aluminum windows — all in good condition — showing them as removed and salvaged for reinstallation. GH asked if TY had checked the neoprene gaskets. TY said yes and that money could be saved. A1802 — A1803 — nothing changed. A202 - showing finished product — shows dust partition, casework reinstalled and extended concrete slab. JJ questions A1801 — re hydronic or electric. TY responded neither. He couldn't find any outlets, registers — left a note to deenergize — the trim hides the seal that is used to support the metal panels. A203 - just a reference plan. A204 — difference is enclosure where the operable wall slides in — actually has a doorway to be removed and there is some casework on the classroom side — the flooring is being shown as VCT. A205 - the windows are to be reinstalled and some more casework to be removed and installed. A302 - revised panel layout and accurately showing the windows. Main difference on building sections is the details have been changed noting reinstallation of windows. A303 has been added showing enlarged elevation of wall. A602 - showing ceilings being reinstalled. Will be modified to show additional ceiling removed and installed. A603 - same thing. A801 - modifying the details, reinstalling the windows. The details have been modified so they accurately reflect the installation of panels. Detail on A801 - use clip fastener installed from the outside. Once the furring is installed they can do all the work from the outside. A802 - same thing. On Detail 1 need to show insulation. \\ dove \Departments \EF\Architectural Review Board \ARB Minutes 2008\Arb Minutes 080305.doc Page 2 of 7 On A803 detail 1 — still shows a neoprene frame — needs to be shown as squared off and reinstalled. Also, the spray fireproofing is not shown. BW questioned slab detail on A801 - shows 6" slab w/ 4" D -1- does that take into account stack load? TY said the structural engineers are satisfied with the updated drawings - S103 in particular. He noted the engineers were adamant about not wanting to pull back anymore of the slab. They are satisfied with doweling detail and the thickness of the slab. A804 - shows the rest of the details — the newly reinstalled alum windows. TY said the structural drawings have some last minute changes. There is a weld detail on 5001 showing approximate line. He said there had been some questions on S101 - baskets for reinforcing on each end of the wall — there was too much steel so it has been spread out — will make it easier to install. On S 102 - concern re accomplishing a step in the wall — the footing has been sloped. S103 - showing the temporary sheet pile to hold trench back to get the wall in. SA noted the footings looked real tight. TY said there is a vertical wall for 4' without shoring — and can use sheet pile as required. SA suggested pouring concrete under existing slab. TY said the slab would have to be pulled out for excavation — will do one wall at a time and has the sheet pile adjusted in that area. It will be up to the contractor to accomplish. BW asked if a plan had been developed for fill coming out from under the existing slab for compacting. TY said that when concrete work is finished, there should be ample opportunity to get the material back under the slab. He noted the importance of good onsite observation. 5201 - shows the reinforcing bar widened out. S202 - now looks reasonable. S300 is the reference plan for the wall upstairs. S302 - shows the rest of the work on the 2n floor. Typical wall to slab connection on S202 - the slab is not being taken out completely — showing leaving 10" around the pins — concern is how do you know where the pins are? JJ asked if you could see the pins once the siding comes off. TY agreed — the pins would be visible. BW noted the elimination of basketing on 5301. \\ dove \Departments \EF \Architectural Review Board \ARB Minutes 2008\Arb Minutes 080305.doc Page 3 of 7 TY said he would make sure on M201 that more gets shown on ceiling demolition. He said he thought there was a diffuser that needed to be blocked off and ditto on 202. On E201 -202 — same thing. JJ asked if seismic upgrade to lighting noted as an alt for the lighting E201 -item 11 was correct. TY said the note should not be there. He did not think it was an alt as seismic support was called out in the electrical drawings. JJ asked if the ceiling would go back as installed. TY said yes and in response to SA's inquiry about TY being in Kodiak, he said he hoped to be here in the next couple of weeks and he would like to get this bid on the street. There being no further questions, a motion was made by JJ and seconded by GH to approve the 95% KHS Library Wing Seismic Upgrade documents. There was a unanimous affirmative roll call vote. F. 95% Review of Peterson Elementary School Seismic Upgrade TY commented that he wanted to take another look at the way the ballasted roof is laid out and make sure that existing perimeter meets wind criteria. JJ questioned use of 2003 code for the wind uplift for the roof. TY — 2006 Code and it would be 130 mile. He asked KS if that was correct and questioned exposure at C or D. KS said 130 was correct and exposure should be C. Board agreed. A100 - added information for site staging. TY asked GH his opinion on the staging relative to school activities. GH said alternative parking could be around the back. TY said he would encourage staging area to stay off turf as much as possible and repair of turf to be done. He expressed concern about sidewalk getting cracked due to movement of heavy equipment. He said he would add a note for the Contractor to replace any broken concrete. Al201 - added info — i.e. some areas remove and reinstall pinpipe covers to accomplish work —some bits and pieces added to help Contractor. Al202 — showing removing and replacing in areas shown - also showing the existing EFIS — new flashing to be installed. A1301 and 1302 - exterior elevation — extent of EFIS removal — take off up to the roof. A1303 - shows wall removal and additional details have been added. \\ dove \Departments\EF\Architectural Review Board\ARB Minutes 2008\Arb Minutes 080305.doc Page 4 of 7 On Al 801- enlarged detail — there's a steel angle underneath the glass block and supported — glass block forward and beyond that remain — structural engineer said support needed to be added. A1303 -fin pipe cover — needs to be removed and salvaged. A1601 - mirrors all the additional notes — added some additional ceiling removal to allow for blocking. A1303 - roof removal only goes back 14" however there is some blocking that has to be installed closer to the corridor — note added on architectural drawings. TY said -the attempt was to try to minimize demo on the roof but need to remove vertical framing and also parapet part. A201 - mirrors demolition. TY noted carpet removal and replacement had not been shown. He said the carpets are in poor condition and likely would be damaged during construction. KS suggested making carpet removal and replacement an alternate — using the same carpet specs as used previously [at KMS]. Discussion re flooring in classrooms and corridors. Consensus was to have 2 flooring alternates: carpet in classrooms and vinyl in the corridors — to Grid 11. JJ questioned roofing information TY had gathered at a recent seminar TY said he had learned there can be significant failure of a roof due to inadequate ballasting around the perimeter and further, during hurricanes virtually all of the roof failures are precipitated at the roof edges. He said this new information makes him want to look at the flashing and ballasting again. There are new tools available to calculate the required ballast for different corners and roof edges. JJ concurred noting the roof was relatively old and wind loads might demand more. A303 - detail shows the roof and wall — all those materials being installed — enlarged detail on A801- shows furring being reinstalled, the concrete wall and reinstallation of pin pipe cover. A601 - shows the ceilings being reinstalled. A801 — added a few more details. Detail 1 — shows enlargement of the wall. Detail 3 shows drag strut, framing for the new parapet — and added detail 2 showing the vertical joint — a channel cut in the thickness of the drive. Structural — S200 shows the perpendicular shear walls and hold downs dovetailing with S300 — the plywood being installed and the blocking being installed back to the corridor walls. S301 shows the drag strut at top of the wall and the concrete wall being poured in. It appears that not all of the blocks were grouted — will grout between new concrete wall, existing block wall and drag strut. JJ asked if glue lam wrapped on 3 sites or just at the bracket. \\ dove \Departments\EF\Architectural Review Board \ARB Minutes 2008\Arb Minutes 080305.doc Page 5 of 7 TY said at bracket — look at elevation on S303 — shows the steel bracket on top and bottom of wall — shows existing double angle that needs to be reinstalled. Mechanical/electrical are much more thorough showing existing conditions. There were no further questions and a motion was made by B. Watkins and seconded by G. Hacker to approve the 95% drawings for the Peterson Elementary Seismic Upgrade. There was a unanimous affirmative roll call vote. G. Update on Ouzinkie School Projects Update on Ouzinkie School Projects TY reviewed the new drawings and site plan. Because the Board had not had time to review, the consensus was to schedule a later meeting to review the 95% Ouzinkie drawings. TY to forward alternates to KS. KS noted that the structural drawings were needed. TY to be in town for the ARB Meeting to review 95% for Ouzinkie. Teleconference with TY ended at 8:45. General discussion. KS to forward sprinkler information email to ARB Members. JJ asked if there were information on water pressure at the Ouzinkie School. KS reported he had spoken with the ANTCH design person and the water pressure is not sufficient for the work to be done. WK asked if there was a 95% updated estimate. KS said it should be received soon from HMS. GH said the specs for living in the building need to be checked, indicating that that is not something that can happen. KS advised that there was a list of 20 people volunteering for work. H. Public Comments None. I. Board comments JJ said it was good to have more Projects ready to go [out to bid]. \\ dove \Departments \EF\Architectural Review Board \ARB Minutes 2008\Arb Minutes 080305.doc Page 6 of 7 BW - None. GH - None. SA - None. J. Adjournment There being no further business to come before the meeting, a motion was made by B. Watkins and seconded by G. Hacker to adjourn and there was a unanimous affirmative voice vote. The meeting was adjourned at 9:00 pm. Res . - t < ly submitte. : ■ _ A dLIA2,4 . _. S aron Lea A: , Project Assistant KIB Engineering/Facilities Department Scott Arndt, Chair Architectural/Engineering Review Board Note: The Meeting was originally scheduled for 4 March 2008. At that meeting a quorum was not established and those present agreed to move the meeting to the next evening - 5 March 2008. \\ dove \Departments\EF\Architectural Review Board \ARB Minutes 2008\Arb Minutes 080305.doc Page7of7 Date: y- 22 - 08- Minutes Fire Protection Area No. 1 Regular Meeting/Public Hearing 18 March 2008 — 7:30 pm Bayside Fire Station 3. Approval of Agenda 1. Call to Order The meeting was convened by the Chair at 7:46 pm. 2. Roll Call Members present were Cliff Davidson, Mike Dolph and Jim Picket. Excused Member was Rebecca Nelson and Absent Member was Greg Spalinger. Mary Barber, E/F Department, was recording secretary. It was Moved, C. Davidson and Seconded to approve the Agenda with the removal of Item B. There was a unanimous affirmative voice vote. 4. Approval of Minutes It was Moved, C. Davidson and Seconded to approve the Minutes from the Regular Meeting of February 19, 2008. There was a unanimous affirmative voice vote. 4. Acknowledgement of Financial Report It was Moved, J. Pickett and Seconded to acknowledge receipt of the Financial Report. There was a unanimous affirmative voice vote. 5. Visitor Comment None. 6. Staff Reports A. Chiefs Report Chief Himes stated he has two grants that he's working on. The first one is a Rural Interoperability Communications Grant and Bayside Fire Departments portion of the grant for radio upgrades would be approximately $70K. He's still working on it and it should be submitted by the end of the month and should know whether or not it's awarded by June. The other grant he's working on is the FEMA Assistant Firefighter's grant that has been applied for and received for several years. This grant will allow the Fire Departments to purchase new Turnouts. He contacted Womens Bay Fire Dept. and the City to ask them if they would like to participate, which they both stated they would. Right now he's looking at purchasing 40 sets for Bayside Fire Dept. 20 sets for Womens Bay and 15 sets for the City. He stated that both Womens Bay and the City said they would participate with their 5% matching. He asked if there was no objection from the Board he would continue to work on the grant. Chair Dolph asked for consensus of the Board. C. Davidson asked for clarification on the radio upgrade. N: \EF\Service Districts \Fire Protection Area No. 1 Board \Minutes \Mtg Minutes 2008 \Draft Minutes 18 March 08 Page 1 of 5 Chief Himes stated that what it does is upgrade all of the radios to digital to include AES inscription which the City uses, so the Fire Departments can be compatible and program into the City frequency and this includes Bayside, Womens Bay, Chiniak EMS and the Hospital. Consensus of the Board was to have Chief Himes continue with pursuing the Grant. Chief Himes told the Board that while he was in Juneau HB200 was a big topic. It was to protect firefighters from fire inhalation cancers. The Alaska Professional Firefighter' s Association was pushing this bill, but they weren't in support of including volunteer firefighters. He said the bill left out a lot of entities from being covered. He said without it being for a broader group the majority wasn't in favor of it. He believes the Bill died on the floor, but wasn't certain. Chief Himes stated he spoke to Senator Stevens about their CIP list and he seemed very interested, asked how much money was needed and Chief Himes told him whatever he can get. Chief Himes told the Board the other thing he's happy to report on is that the Fire Departments are working well together. They are putting a communication plan together that he hopes will be in affect Monday. The radio system upgrade is part of the plan, which is part of the Grant that he' s applying for. In the future the Fire Departments are going to take another look at how the vehicles are designated. Different Departments have different designations for different vehicles, so they're going to take a look at that and reorganize so that it's better and user friendly. C. Davidson asked for an example of different designations. Chief Himes said the City's ladder they call it a truck, the USCG's ladder they call a tower and Bayside's designation for a ladder is a ladder. He also wanted to let the Board know that there's a recruit class going on and have started another EMT class. B. Borough Staff Report M. Barber asked if the Board would like to keep the Meeting binders on hand and she would supply a packet to each Board Member at each meeting. Discussion followed and it was decided that the binders would stay at Bayside, which the Board could take home with them or leave them for the next meeting. Chair Dolph said in addition he would like to see M. Barber put the minutes together for each quarter for the binders. He said he would work with M. Barber and see what they could come up with. C. Chair Report Chair Dolph stated the reason he suggested striking the Architectural update from the Agenda is that he checked with K. Smith's office today and there were some preliminary site sketches that T. Yorba has been working on, they're running into some difficulty. T. Yorba has been talking with the surveyors and apparently in previous site surveys, in 1999 he believes and again in 2005 or 2006 there are differences in the topographical representation of the two surveys. Enough difference that it' s making it difficult for T. Yorba to develop the projections of how the addition is accurately going to look. T. Yorba is trying to get past this and as soon as he does he'll have some refined sketches, he has some things but there are just a lot of questions about the site right now. T. Yorba will be in town April 2, 3, 4 & 5 but the Board's work session is April 1s He asked K. Smith that if T. Yorba has anything for the Board to review and discuss at the work session to send it electronically and if T. Yorba has time while in town to sit down with as many of the Board and staff to go over where he is it would be great. 7. Old Business Chief Himes said the apartment lease needs to be accepted. The Board approved it, but it needs to be N:\EF\Service Districts\Fire Protection Area No. 1 Board \Minutes \Mtg Minutes 2008 \Draft Minutes 18 March 08 Page 2 of 5 accepted by the KIB. Chair Dolph said that he would check with L. Whiddon to see where it is, he said it was turned over last May. C. Davidson asked where we are with the removal of the Cossett house. Chair Dolph stated it is to be moved or demolished by April 15, 2008. 8. New Business A. Motion: Approval of 2009 Annual Budget & Work Plan. Chair Dolph asked for a motion for approval of the 2009 Annual Budget & Work Plan. It was Moved, J. Pickett and seconded to approve the 2009 Annual Budget & Work Plan. Chair Dolph opened the meeting to Public Hearing. 10. Public Comments Chair Dolph stated for the record there wasn't any public in attendance. Chair Dolph stated C. Davidson is vacating his seat on the Board to make a public comment. C. Davidson said he would like to thank the Board and Chief Himes for the protection they provide in the area. He also said that it's very important to educate the population, so they know what they're getting for their money and how we help try to save them on insurance and that we're trying very hard to find new homes for our equipment. Chair Dolph hearing no other public comments closed the Public Hearing and opened the Regular Meeting up for Board Comments. C. Davidson stated he would certainly support this budget. Chair Dolph said he thinks the Board has a sound budget. He feels Chief Himes has done a stellar job at putting things together once again, which makes it pretty easy for the Board's consideration. Chair Dolph opened up the meeting for Board comments on any particular line items they wanted to discuss. C. Davidson asked where the personal property figures were derived from. M. Barber explained that any business in the fire protection area pays taxes on their personal property that is used in the business and a portion of those monies is allocated to the fire protection area. Chief Himes pointed out that in the budget under the line item for State Revenue Sharing there aren't any monies allocated in the Budget, but the potential is there to receive funds. Chair Dolph said that if more revenue comes in at some point in time the Board could redistribute those funds to other areas of need. C. Davidson asked what the $13K in contingencies was going to be used for. Chief Himes said that contingencies are primarily used to balance the budget. C. Davidson asked if at the end of the fiscal year there is money left in the contingency line can it be moved. Chief Himes said it goes to the fund balance. C. Davidson asked how much money can remain in the fund balance. Chief Himes said basically as much as you want, for instance it was up to $2 or $3M, but the money is earmarked for certain things that need to be purchased. C. Davidson asked Chief Himes how many times since getting the new equipment have they been used in a response. Chief Himes said he would have to go back and look, but he would guess a couple dozen since November. C. Davidson stated that by purchasing the new equipment it helps to save N *EF\Service Districts \Fire Protection Area No. 1 Board \Minutes \Mtg Minutes 2008\Draft Minutes 18 March 08 Page 3 of 5 the constituents on home insurance. C. Davidson stated the salaries included the Chief, and asked if it also included volunteers. Chief Himes said it is strictly the Chief's. C. Davidson asked if the retirement is included in the salary. Chief Himes stated the number came from the KIB Finance Dept. and it was expected to go down. Chair Dolph asked if there were any desired amendments to the original motion. In hearing none the Chair called for a vote on the main motion which is to approve the 2009 Annual Budget & Work Plan and thereby direct it on to the Borough for Assembly consideration. Motion carried with a roll call vote. 11. Visitor Comments None. 12. Board Comments J. Pickett thanked Chief Himes for all his hard work. Real glad to hear the Chief s meetings are going well and that everyone is getting on the same channel of communication. C. Davidson also thanked Chief Himes and he is pleased to see us making giant strides in progress as far as cooperation in inner workings and making things go together. Chair Dolph echoed the comments. He said an item of thought on the construction project before the Board, in the recent reflections from T. Yorba what the project looks like to him in its original format would be in the cost range of $1.5 to $1.8M and it's a known fact that the Board is going to have to scale down. He said he would entertain in the upcoming meetings the thought of approaching the KIB for a low interest loan from the Shuyak fund to get this project done now completely before the cost continue to rise. He would much rather as a Board or district, be facing a low interest loan repay than facing the cost of trying to finish this project over a ten year period. 13. Meeting Schedule Chair Dolph scheduled a work session for April 1, 2008 and the next Regular Meeting for April 15, 2008. 14. Adjournment There being no further business to come before the Board, the meeting was adjourned at 8:50 pm. Submitted By: t r (U. P Date: L 5/0S Mary Barb , cretary KIB Engi mg/Facilities Dept. N:\EF\Service Districts \Fire Protection Area No. 1 Board \Minutes \Mtg Minutes 2008\Draft Minutes 18 March 08 Page 4 of 5 Approved By: Mike Dolph, Chair Fire Protection Area #1 Date: NAEF\Service Districts \Fire Protection Area No. 1 Board \Minutes \Mtg Minutes 2008\Draft Minutes 18 March 08 Page 5 of 5 Service Area No. 1 Board Regular Meeting 12 February 2008 7:00 pm Bayside Fire Hall A. Call to Order Chair C. Lorenson called the meeting to order at 7:00 pm. B. Roll Call D. Approval of Minutes E. Acknowledge Receipt of Financial Report There wasn't an accurate one to Accept. F. Public Comments Present were Board Members S.L. Adinolfi, S. Arndt, C. Lorenson and D. Symmons. Not present were K. Arndt, E. Mahoney and P. Tuttle. Excused were E. Mahoney and P. Tuttle. C. Approval of Agenda A motion was made and seconded to approve the Agenda. SL Adinolfi stated she was hoping to see the work session action items on the Agenda. Chair Lorenson stated that E. Mahoney was handling the annexation and area wide tax issue and wasn't going to be present for the meeting, so he saw no reason to have it on the Agenda. There was a unanimous affirmative voice vote to approve the Agenda. A motion was made and seconded to approve the minutes of November 13, 2007. There was a unanimous affirmative voice vote to approve the Minutes. Gene Capozzi gave a letter to C. Lorenson and wanted to bring to the attention of the Board that there is a damaged culvert that runs under Sharatin Rd and spills out behind his house, which is located on Wilton White Way. G. Capozzi also felt there should be a guardrail put in place on Sharatin to prevent vehicles from coming off Sharatin down onto Wilton White and landing in his house when roads are bad. There have been two vehicles in the last couple of months come off Sharatin and almost run into his house. C. Lorenson said he will be in touch with G. Capozzi. Rusty & Debbie Olsen presented pictures to the Board re: Shahafka drainage problems that have been going on for several years. They said that they've been fighting this issue for 17 years, since they moved in there. They stated the water pools up and in the winter time it creates a huge hole that vehicles are getting lost in. C. Lorenson stated he was under the impression that K. Fortune was going to get a sump pump and pump the water out the back N: \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \SA #1 Minutes 2008 \Minutes 12 February 08.doc of his house. C. Lorenson said that last time he was Chair for the Board, B. Cassidy from the KIB was to have it surveyed. S. Arndt stated the Board voted against paying WALTCO to negotiate an easement. C. Lorenson requested that M. Barber pull the minutes. SL Adinolfi said she wasn't sure it was put in writing. S. Arndt said it could have been a Work Session and not a Regular Meeting. SL Adinolfi thought it was something the KIB was responsible for. S. Arndt stated Brechan would need to grant an easement to the KIB. G. Chair Report C. Lorenson said it's been a fun winter. He has received a few calls re: gates on graders not being used. He received a call from a woman on Eider about her driveway not being cleared. C. Lorenson also received a letter from T.Mitchell out on Sut Larsen about the gate not being used at her driveway. According to the KIB 24' is to be kept open in front of their house. C. Lorenson said there were some issues at Island Lake, water glaciates by the dumpster from the culvert being plugged up. He would like to get together with R. Greene from the State DOT about this. He received a call from a man on a flag lot on Spruce Cape that isn't getting road service any longer and he wanted to know why. C. Lorenson told him he doesn't pay for road service. H. Old Business None. I. New Business a. Schedule Budget Work Session & Public Hearing. C. Lorenson would like to schedule the next Work Session on February 26, 2008 and the Regular Meeting /Public Hearing to be held March 18, 2008. b. Discuss Change of Service for Roads (Chips to D -1 on Asphalt) C. Lorenson said he looked at what was being spent and would like to change to D -1. He understands that D -1 being put on asphalt can damage the asphalt. If the Service Area can save money by doing this he would like to see the Board approve this change. S. Arndt said he wasn't in favor of putting D -1 on asphalt roads unless the weather warrants it. He stated that when R. Greene was on the Board, who is in charge of State maintenance, he refused to use it on asphalt. When it's been used in the past it has tore up the asphalt. C. Lorenson said he would check further into this and bring it up at a later date. He would like to bring this issue up under Old Business at the next meeting. c. District Wide Paving N: \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \SA #1 Minutes 2008 \Minutes 12 February 08.doc C. Lorenson stated that at a work session he came up with a plan of just strip paving and raising manholes, but no curb or sidewalks. Possibly go to the KIB to borrow money from the Shuyak fund. Raise the mil a bit and pay it back over 10 or 15 year period. Brechan came up with a rough estimate of $8.8 Million. C. Lorenson said he met with Louie & Yasha from Brechan and they suggested instead of paving all of SA #1, possibly just do the high traffic areas such as Sharatin, Puffin, Curlew, the loop that goes through Woodland Acres that gets the heaviest traffic. SL. Adinolfi asked how long would it last. S. Arndt said roughly 15 to 20 years. SL. Adinolfi asked if the Board could approve the area wide paving or if it would have to go out to the public for a vote. C. Lorenson said it would have to go out to a vote. S. Arndt said the Board could request to the Assembly. The code states 51% of the residences have to approve it or by a majority vote of the Assembly. S. Arndt stated the KIB doesn't have the option of spending money on a Service Area, however the KIB could take over the Service Area and then the KIB could charge Borough wide for the paving. He said it would be an additional 10 mils to the residents in the area and he doesn't see it passing. D. Symmons asked if it was a primary goal of the Board to pave the roads in the Service Area. S. Arndt said no, there are roads with no base to them. The Board can take the figures and just about double it when you bring in the service that is going to be required after paving. C. Lorenson will put Borough Road Powers under New Business at the next meeting. J. Public Comments G. Capozzi asked if the Board said it would cost $1600 -$1800 to grade out Sharatin. S. Arndt replied no, it's all the roads. K. Board Member Comments S. Arndt stated he wished he had the financial report to review. There are issues that need to be addressed. He feels the Service Area is looking at a 1 /a mil increase. SL. Adinolfi vowed she would never bring Perez into a meeting once she was on the Board, but Perez got plowed Saturday & Sunday and it was the best it's ever been plowed. Whoever it was did a great job. She also stated that the folks on Shahafka proved a point. Issues brought to the Board can't be dropped. She asked if the culvert that was all beat up when the Capozzi's were moving in on Wilton White, did that get taken care of or is this the same issue. She would like to see Action Items that are brought up in meetings be kept on the Agenda until they're resolved. Easements on Shahafka, culvert on Sharatin, the Board needs to keep these and all action items on the Agenda. SL Adinolfi requested that the Chair establish that the Board would like to have action items held from one meeting to the next until they either die or get taken care of. C. Lorenson agreed. D. Symmons stated he's no lawyer, but the fact that Capozzi has done what he has done he would think that there's got to be a certain percent of liability. C. Lorenson said the roads were sanded that day. C. Lorenson said the Board is responsible for making the roads safe N: \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \SA #1 Minutes 2008 \Minutes 12 February 08.doc and that's all. D. Symmons asked if the Board agrees that this is a serious liability could we do anything. S. Arndt said the Board could, but they'd have to spend the money. D. Symmons said there is a certain amount of humility after the Board did the drive around a year ago and the problems are still out there. L. Meeting Schedule C. Lorenson set the next Work Session for February 26, 2008 and Regular Meeting /Public Hearing for March 18, 2008. M. Adjournment There being no further business before the Board, a Motion was made and seconded to adjourn the meeting. The voice vote was unanimous and the meeting was adjourned at 8:10 pm. Respectfully submitted: ie Lorenson, Chair Service Area No. 1 Date: SI I N: \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \SA #1 Minutes 2008 \Minutes 12 February 08.doc Kodiak Island Borough Assembly Regular Meeting Guidelines May 15, 2008, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... 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 specifically excuse any Assembly members that are absent. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION 5. *APPROVAL OF MINUTES A. April 24, 2008 Special Meeting Minutes. 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter — Manager Gifford B. Proclamation — Mayor Selby • Re- declaring - Emergency Medical Services Week, May 18 -24, 2008. C. Student of the Month — Mayor Selby • Maya Edgerly, senior at Kodiak High School. 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS A. Kodiak Chamber of Commerce Budget Presentation. B. Kodiak Island Convention and Visitor's Bureau Budget Presentation. Kodiak Island Borough Assembly Guidelines May 15, 2008 Page 1 9. PUBLIC HEARING A. Resolution No. FY2008 -36 Establishing the Minimum Amount of Funds to Be Made Available From Local Sources for the Kodiak Island Borough School District For the Fiscal Year Beginning July 1, 2008 and Ending June 30, 2009. Clerk's note: Attached on — is a corrected copy of Resolution No. FY2008- 36. Recommended motion: Move to adopt Resolution No. FY2008 -36. Staff report — Manager Gifford. Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record, Comments are limited to five minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Mayoral Veto of Resolution No. FY2008 -34 Paying the Legal Fees Incurred by Defendants Kodiak Island Borough, Kodiak Island Borough Assembly, Assembly Members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes, and Mayor Jerome Selby, Each in His or Her Official Capacity, in the Lawsuit Stephens Vs. Kodiak Island Borough, Et Al, Alaska Superior Court Case No. 3K0 -07 -266 Cl. This veto may be overridden by a vote of two- thirds of the authorized membership of the Assembly which is five members. If you wish to override the veto, the motion below is appropriate: Move to override the mayoral veto on Resolution No. FY2008 -34. Staff report — Deputy Clerk McFarland. Assembly discussion. ROLL CALL VOTE ON MOTION. If you do not make a motion, the mayoral veto stands and official record will reflect Resolution No. FY2008 -34 failed by veto. Kodiak Island Borough Assembly Guidelines May 15, 2008 Page 2 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2008 -35 Urging the Alaska State Legislature to Amend AS 39.50 So That Disclosure Requirements Are More Appropriate For Municipal Appointed Officers. Recommended motion: Move to adopt Resolution No. FY2008 -35. Staff report — Deputy Clerk McFarland. Assembly discussion. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2009 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal year Commencing on the First Day of July 2008 and Ending on the Thirtieth Day of June 2009 (Fiscal Year 2009 Budget.) Clerk's note: Attached on — is a corrected copy of Ordinance No. FY2009 -01. Recommended motion: Move to adopt Ordinance No. FY2009 -01 in first reading to advance to public hearing on June 5, 2008. Staff report — Manager Gifford. Manager's note: PowerPoint presentation of the FY2009 budget by Karl Short. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Ordinance No. FY2008 -20 Adding a Ballot Question at the Next Regular Municipal Election to be Held on October 7, 2008 on Whether to Exempt Municipal Officers and Candidates for Elective Office from the State of Alaska Public Official Financial Disclosure Law (AS 39.50), Effective in 2008, and to Require Instead that Municipal Officers and Candidates for Elective Office Annually and Upon Declaration of Candidacy or Taking Office Fill Out the 2007 Kodiak Island Borough Financial Disclosure Statement Form Used Prior to the AS 39.50 Amendments, and Follow Municipal Conflict of Interest Laws. Kodiak Island Borough Assembly Guidelines May 15, 2008 Page 3 Clerk's note: Attached on yellow paper is a corrected copy of Ordinance No. FY2008 -20. Recommended motion: Move to adopt Ordinance No. FY2008 -20 in first reading to advance to public hearing on June 5, 2008. Staff report — Deputy Clerk McFarland. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items — None. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby. The Borough offices will be closed on Monday, May 26 in observance of the Memorial Day holiday. The Assembly will meet in a work session on Thursday, May 29, 2008 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, June 5, 2008 at 7:30 p.m. in the assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines May 15, 2008 Page 4 Please print your nam KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: roll 'JCS' • •VMVY N,,,,I y„ul 'mum jAke x),/4-e...6%5*-,v 4) f_6( _0 /71'1 5 c_07 0-414-tv C-Acotireur144. Please print your nam KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: roll 'JCS' Regular ✓ Special Convened: ' g4 p 171 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET BY: SECOND: 7011 CQJ/ BY: f l SECOND: 3 ,5itY BY: Ste` SECOND: Pb fie,5 0 w-/-1`a ✓I 00? -3; BY: -rp SECOND: 4, S Kda Ms. Branson Mr. Friend Ms. Branson Mr. Friend kv Ms. Branson Mr. Friend Y ,)/ Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL In case of a tie Mayor Selby Yes v v ✓ No YQs No Yes No es No Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Mr. Abell Mr. Abell ' Mr. Abell Ms. Lynch Ms. Lynch Ms. Lynch Mr. Oswalt Mr.Oswaft Mr. Oswalt Ms. Stutes Ms. Stutes Ms. Stutes DOES NYONE WISH TO CHANGE THEIR VOTE? TOTAL TOTAL 7 d , TOTAL Mr. Friend 1/ Ms. Jeffrey Ms. Lynch - Mr. Oswalt BY: SECOND: p ,to -3 L0Aief' Mr. Abell Ms. Branson Ms. Stutes OTAL In case of a tie Yes 7 No In case of a tie Mayor Selby In case of a tie Mayor Selby In case of a tie Mayor Selby Mayor Selby b CI /assembly /roll call sheet titrneittLevy-ezy Date: Lf - 4 Adjourned: I • / ,4, ,/ , 1 4 : \ . 1 41 -'. ...' 4 ,,, .....„ O 0, 0 N A 0) 0 1 S 0 0 al tiT 1 (D (D (D (D (D 7 3 O. (D Q. 3 T (D Q (D ' 0. 1 (D 0. 0 N Z 0 (D 0 Z 0 fD N Z O m 0 0 V . Z 0 N m 0 0 O (D (D Q Q O 0 0)