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2007-07-19 Special Meeting
July 19, 2007 — Immediately following the work session Special Meeting Citizens Comments And Public Hearing Numbers: Toll Free Number: (800) 478 - 5736 Local Number: 486 -3231 Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abel Deputy Presiding Officer Assembly Member Term Expires 2008 Ms. Pat Branson Assembly Member Term Expires 2007 Mr. Jerrol Friend Assembly Member Term Expires 2009 Ms. Sue Jeffrey Assembly Member Term Expires 2008 Ms. Chris Lynch Assembly Member Term Expires 2009 Mr. Reed Oswalt Assembly Member Term Expires 2008 Ms. Barbara Williams Assembly Member Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Nova Javier, CMC Borough Clerk PUBLIC HEARING `S Ordinance No. FY2007 -15A Amending the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.53 Solid Waste Advisory Board. B. ORDINANCE FOR INTRODUCTION Ordinance No. FY2008 -02 Rezoning the West Half of U.S. S. 1736 from C- Conservation Zoning District to RR2 Rural Residential Two Zoning District (P &ZC 07 -028.) Resolution No. FY2008 -03A Amending Resolution No. FY2008 -03 to Appoint • F (�``��� v an Additional Member to the Kodiak Fisheries Advisory Committee. 4. ADJOURNMENT Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. 1. ROLL CALL 2. CITIZENS' COMMENTS - Limited to three minutes per speaker. 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING This meeting was called by the Assembly. Assembly Chambers Kodiak Island Borough Assembly Agenda July 19, 2007 Page 1 Kodiak Island Borough July 19, 2007 1. ROLL CALL Assembly Guidelines Special Meeting Assembly Chambers 2. 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: 486 -3231 Toll Free: 1- 800 - 478 -5736 ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. PUBLIC HEARING Ordinance No. FY2007 -15A Amending the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.53 Solid Waste Advisory Board. Recommended motion: Move to adopt Ordinance No. FY2007 -15A. Staff Report - Manager Gifford Open public hearing. Read phone numbers: Local: 486 -3231 Toll Free: 1- 800 - 478 -5736 Comments are limited to five minutes per speaker. ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. Close public hearing. Assembly discussion - Amendments may be offered at this time. ROLL CALL VOTE ON MOTION B. ORDINANCE FOR INTRODUCTION Ordinance No. FY2008 -02 Rezoning the West Half of U.S.S. 1736 from C -C Conservation Zoning District to RR2 Rural Residential Two Zoning District (P &ZC 07-028.) Recommended motion: Move to adopt Ordinance No. FY2008 -02 in first reading to advance to public hearing on August 2, 2007. Staff Report - Manager Gifford Assembly discussion - Amendments maybe offered at this time. Kodiak Island Borough Assembly Guidelines July 19, 2007 Page 1 ROLL CALL VOTE ON MOTION C. Resolution No. FY2008 -03A Amending Resolution No. FY2008 -03 to Appoint an Additional Member to the Kodiak Fisheries Advisory Committee. Recommended motion: Move to adopt Resolution No. FY2008 -03A. Staff Report - Manager Gifford Assembly discussion - Amendments may be offered at this time. ROLL CALL VOTE ON MOTION 4. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines July 19, 2007 Page 2 _ O U p Mr. Abell Ms. Branson Mr. Friend Xazjja f 'SW uou"I 'sVI Mr. Oswalt Ms. Williams TOTAL \-0 ,D .J� --4`' 3 Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey uouk1 'SLNI Mr. Oswalt Ms. Williams 1 TOTAL ,6 O U ro o U D C Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey uo'I 'sIAI Mr. Oswalt Ms. Williams TOTAL M o O Mr. Abell 4f Ms. Branson Mr. Friend Ms. Jeffrey LioukI Mr. Oswalt suretiitAl 'slAl TOTAL o 0 • II Mr. Abell 0 Ms. Branson I' (I Mr. Friend I II Ms. Jeffrey uouiCq II Mr. Oswalt I I Ms. Williams TOTAL 0 • k 0 o _ N 0 C) 0 U c o cn Cj - N 0 U cd W E-� C V C 0 z 0 OM U RC cop z 0 Y -/ C c O U Czt 0 0 c� Regular Meeting Please print your name KODIAK ISLAND BOROUGH ASSEMBLY ! ING 7/9/0 Please print your name n4I // 7244_ 4_ cc_‘, TY /4 .er nfn 74;iikii 6 7 _2/0vt, t1/4 Meeting of July 19, 2007 ITEM NO. 3.A Kodiak Island Borough AGENDA STATEMENT Ordinance No. FY2007 -15A AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.53 SOLID WASTE ADVISORY BOARD The Assembly adopted Ordinance No. FY2007 -15 on May 17, 2007 which created a Solid Waste Advisory Board (SWAB) for the Kodiak Island Borough to assist in identifying creative and workable solutions to ongoing and emerging issues in solid waste management. Bell and Associates, Inc. and Kodiak Island Borough Staff recommend expanding the composition of the Board to seven members which shall consist of seven (7) borough residents, inclusive of the City of Kodiak, who represent a cross section of the social and economic structure of the community. Preferably, two (2) out of the seven (7) seats shall be designated to representatives from the construction and retail business community. There will be four non - voting ex- officio members, one (1) of which shall be an assembly member appointed by the mayor; and one (1) shall be a KIB staff member appointed by the manager; one (1) shall be representative from the United States Coast Guard; and one (1) city of Kodiak staff member appointed by the city manager. Each ex officio member may participate in all discussions. KIBC Section 2.53.050 Administrative assistance needs to be corrected as follows: A. Furnish the board with copies of all requested documents and other information necessary or reasonably related to board functions; B. Provide the board with such supplies, meeting space, and secretarial assistance as the mayor manager deems reasonably required; APPROVAL FOR AGENDA: ,4z Recommended motion: Move to adopt Ordinance No. FY2008 -15A. Section 1: Section 2: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -15 -A Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.53 SOLID WASTE ADVISORY BOARD Manager Gifford Assembly Engineering and Facilities July 5, 2007 July 19, 2007 WHEREAS, the Assembly adopted Ordinance No. FY2007 -15 on May 17, 2007 which created a Solid Waste Advisory Board (SWAB) for the Kodiak Island Borough to assist in identifying creative and workable solutions to ongoing and emerging issues in solid waste management; and WHEREAS, Bell and Associates, Inc. and Kodiak Island Borough Staff recommend expanding the composition of the Board to seven members; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Title 2 of the Kodiak Island Borough Code of Ordinances, Chapter 2.53 Solid Waste Advisory Board, Section 2.53.010 Created -- Membership; Section 2.53.030 Term- - Compensation; and Section 2.53.050 Administrative Assistance are amended as follows: 2.53.010 Created — Membership. There is created a Solid Waste Advisory Board that shall consist of five seven (57) borough residents, inclusive of the City of Kodiak, who represent a cross section of the social and economic structure of the community. Preferably, two (2) out of the seven(7) seats shall be designated to representatives from the construction and retail business community. All members are appointed in accordance with section 2.39.030 and shall meet the qualifications of section 2.39.040 of this title. There will be twe four non - voting ex officio members, one (1) of which shall be an assembly member appointed by the mayor; and one (1) shall be a KIB staff member appointed by the manager; one (1) shall be representative from the United States Coast Guard appointed by the ISC commanding officer; and one (1) city of Kodiak staff member appointed by the city manager. Each ex officio member may participate in all discussions. 2.53.030 Term — Compensation. A. The members shall serve for three (3) years; however, of the members first appointed, twe three (2 2) shall be appointed for three (3) years, two (2) for two (2) years, and one -two (42) for one (1) year. Appointments to fill vacancies shall be for the unexpired term only. B. Members of the board shall serve without compensation. 2.53.050 Administrative assistance. The manager or designee, shall: A. Furnish the board with copies of all requested documents and other information necessary or reasonably related to board functions; B. Provide the board with such supplies, meeting space, and secretarial assistance as the mayor manager deems reasonably required; C. Refer to the board, for their discussion, all non - emergency matters within the scope of its powers and duties prior to presenting those matters to the assembly for action; and D. Transmit all recommendations and other communications from the board to the assembly. Kodiak Island Borough, Alaska Ordinance No. FY2007 -15 -A Page 1 of 2 ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2007 -15 -A Page 2 of 2 Meeting of July 19, 2007 Kodiak Island Borough AGENDA STATEMENT Item No. 3.B Ordinance No. FY2008 -02 Ordinance No. FY2008 -02 Rezoning the West Half of U.S. S 1736 from C- Conservation Zoning District to RR2 Rural Residential Two Zoning District (P&Z Case 07 -028.) This case was considered at a public hearing of the Planning and Zoning Commission on June 20, 2007, at which time the Commission adopted a recommendation to the Kodiak Island Borough Assembly and forwarded this case to the Assembly for further consideration. The Commission adopted the following finding in support of its recommendation. Section 17.72.070 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification fora Change or Amendment. The rezone is needed and justified because the rezone area represents an "in- fill" prospect capable of providing adequately sized development opportunities supporting the community of Port Lions' economic growth. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RR2 -Rural Residential Two Zone is consistent with the objectives of 1997 Port Lions Comprehensive Development Plan. The preference for development is in favor of rural residential use, and residential development consistent with the RR2 -Rural Residential Two classification would not unduly burden existing public infrastructure. FISCAL NOTES [X] N/A Expenditure Required $0.00 Account General Fund N/A APPR VAL FOR AGENDA: Z Recommended motion: Move to adopt Ordinance No. FY2008 -02 in first reading to advance to public hearing on August 2, 2007. WHEREAS, the petitioner for this rezone has indicated a desire to subdivide the subject parcel; and WHEREAS, the P & Z Commission held a public hearing on June 20 2007 for this case; and WHEREAS, the Commission finds the rezone request to be generally consistent with the 1997 Port Lions Comprehensive Plan, as amended; and WHEREAS, the Commission recommends that the Kodiak Island Borough Assembly rezone the West Half of U.S. Survey 1736 from C- Conservation to RR -2 Rural Residential Two; 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: This ordinance applies to the West Half of U.S. Survey 1736 which will be rezoned from C- Conservation to RR -2 Rural Residential Two. Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is needed and justified because the rezone area represents an "in- fill" prospect capable of providing adequately sized development opportunities supporting the community of Port Lions' economic growth. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RR2 -Rural Residential Two Zone is consistent with the objectives of 1997 Port Lions Comprehensive Development Plan. The preference for development is in favor of rural residential use, and residential development consistent with the RR2 -Rural Residential Two classification would not unduly burden existing public infrastructure. ATTEST: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -02 Introduced by: Manager Gifford Requested by: Planning & Zoning Commission Drafted by: Community Development Dept. Introduced: 07/ 19/2007 Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING THE WEST HALF OF U.S. S. 1736, FROM C - CONSERVATION ZONING DISTRICT TO RR -2 RURAL RESIDENTIAL TWO ZONING DISTRICT (P&Z CASE 07 -028.) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Mayor Kodiak Island Borough, Alaska Ordinance No. FY2008 -02 Page 1 of 1 Mr. Brad Ames PO Box 33 Port Lions, AK 99550 Dear Mr.Ames: Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us June 22, 2007 Re: Case 07 -028. Request a rezone, according to KIBC 17.72, from C- Conservation to RR2- Rural Residential Two. The Kodiak Island Borough Planning and Zoning Commission at their meeting on June 20, 2007 moved to forward the request cited above, recommending approval, to the Borough Assembly. This item will likely appear for first reading at the Assembly's July 19, 2007 regular meeting and if approved, will likely appear for second reading and a public hearing at the Assembly's August 2, 2007 regular meeting. Please confirm these dates with the Borough Clerk, Nova Javier at 486 -9310, no sooner than five (5) working days from the date of this letter. Section 17.72.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The Commission adopted the following findings of fact in support of their recommendation to the Assembly: FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is needed and justified because the rezone area represents an "in- fill" prospect capable of providing adequately sized development opportunities supporting the community of Port Lions' economic growth. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RR2 -Rural Residential Two Zone is consistent with the objectives of 1997 Port Lions Comprehensive Development Plan. The preference for development is in favor of rural residential use, and residential development consistent with the RR2 -Rural Residential Two classification would not unduly burden existing public infrastructure. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. If you have any questions about the action of the Commission, please contact the Community Development Department at 486 -9360. Sincerely, Bud Cassidy Director CC: Nova Javier, Borough Clerk Horizon Land Surveying Current Location P & Z Case # 07 -028 Brad Ames, ETAL Request: A rezone, according to KIBC 17.72, from C- Conservation to RR2 -Rural Residential Two. PORT WAKEFIELD Legend Parcels Port Lions selection Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, MAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. Current Zoning P & Z Case # 07 -028 Brad Ames, ETAL Request: A rezone, according to KIBC 17.72, from C- Conservation to RR2 -Rural Residential Two. Subject Parcels Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential Legend Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone Feet 2,000 3, 4,000 I t 1 Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up- to-date. Kodiak Island Borough Community Development Department. map KODIAK ISLAND B"ROUGH — COMMUNITY DEVr OPMENT DEPARTMENT 710 Mill Bay Rd., km 205, KODIAK, AK 99615 -6398 (907) 48o -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us Applicant Information Ad /yes el a1 Property owner's name Property owner's mailing address 7i1-7 / , 4 /z7bk City State 4± 4. -7 - 44-220 ■9,955n Zip Home phone Work Phone E -mail Addr. /4r /24h Li 641/^Veyjkiei Agent's name (If applicable) Re, 4px /34- Agent's mailing address /27' / Q /06ka' .9.9 ,5 City State Zip t &ire 6 -, Vey Home phone Work Phone E -mail Addr. Property ID Number /s 1 Vd 441/ yey /734• Legal Description Current Zoning: eel) ✓cal' Y 7/ ah Applicable Comprehensive Plan: C � l a( /WY LiD175 Year of Plan adoption: Present 1Jsee q 44/90 /,p /E- Proposed ii Property Information C (cm.e -ev .. -Jw (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrativ History As -built Survey Property Owner's Signature e 0 7 Photographs Date Authorized Agent's Signature Maps Other i A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLY Code Section(s) Involved: LC Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.8) $250.00 Other (appearance requests, site •I- review, etc.) $150.00 'i Zoning change from r . A 2-- (KIBC 17.72.030 and 030.C)* Application received by: Staff signature 7 PAYMENT VERIFICATION Uxit.l r 11.YV rs. 4 11b /2t3 l (1'3:36 :28 .71j1'-:1"..;1411'5 I ` +��3 L : • h: �i z Wee Schedu le: ' Ctg Resolut c V0C psi; t?l '.F,V &)i: * *,ty {15) V0 C. ids Egi'reu9 5.350.00 Sl.061. • ire 'i 07-026 Kodiak Island Borough Assembly Members: It is our hope to open more parcels within the city limits of Port Lions for residential use. The demand for residential lots is at an unp- recedented level, while currently I don't know of one lot available. According to the Port Lions Comprehensive Development Plan, there is more land classified Conservation than any other classification. It further states that under exceptional circumstances when growth so merits and no other alternatives are acceptable with the existing plan designation, Con- servation areas may be reclassified for other land uses, when in keeping with the public interest and the goals and objectives of this plan. These two acre or larger lots proposed should promote growth in the community and provide much needed expansion. Support is being requested to re -zone this property from it's current Conservation status to Rural Residential 2. Thank you for your consideration, Brad & Memory Ames Brannon Ames L 1:4 APR 2 7 2007 COMMUNITY DEVELOPMENT U :'1 i3T ? D This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 - 9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 - 478 -5736. One week prior to the regular meeting, on Wednesday, June 13, 2007, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. ,(� Your Name: A/�Ry ENE 40#6,(:),c, // Mailing Address: /t 20 / /1s B11 Your property descrii(/pJtion: t Cir � �/ �,p .. /�r �� � // M e I t! �N('( /% Comments: iC/�[.(G( ne r AAIJ ��C X . y X • . i AK / .14 �;2f p , - t"2 a , _.......„i' ..i..i `/���/� ' _ �/ . i _-4-4/ / /.i1° i'�:w ice t - - ='. / n t A J UN 1 3 2007 ` , )L C MME ND DEVELOPMENT ' .eltl ";; KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 20, 2007. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill. Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 07 -028 APPLICANT: Brad Ames, et al AGENT: Horizon Land Surveying REQUEST: A rezone, according to KIBC 17.72, from C- Conservation to RR2 -Rural Residential Two. LOCATION: West half of U.S. S. 1736 ZONING: C- Conservation DATE: TO: FROM: SUBJECT: CASE: APPLICANT: REQUEST: LOCATION: ZONING: 5. Comprehensive Plan: 6. Applicable Regulations: Case 07- 028 /Rezone Staff Report MEMORANDUM June 5, 2007 Planning and Zoning Commission Community Development Department Information for the June 20, 2007 Regular Meeting Public Hearing Item VI -B 07 -028 Brad Ames, ETAL A rezone, according to KIBC 17.72, from C- Conservation to RR2- Rural Residential Two. West 1 /2 of United States Survey 1736, Port Lions, Alaska. C - Conservation Zoning District Five (5) public hearing notices were mailed on May 22, 2007. Date of site visit: None 1. Relevant Zoning History The site is zoned C- Conservation by Ordinance No. 77- 15.0 2. Lot Size: 3. Existing Land Use: 4. Surrounding Land Use and Zoning: North: Unsubdivided portion of USS 5509 Use: Vacant Zoning: C - Conservation Zoning District South: Unsubdivided and un- surveyed land Use: Vacant Zoning: C- Conservation East: Settler Cove Use: Tidelands Zoning: Not Zones West: Unsubdivided and un- surveyed land Use: Vacant Zoning: C - Conservation Zoning District 30.03 acres Vacant The Kodiak Island Borough 1968 Comprehensive Plan does not specifically address this area. The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak island Borough Coastal Management Program are applicable to this request: KIBC 17.15 — RR2 Rural Residential District Two (in its entirety) Page 1 of 5 P & Z: June 20, 2007 Case 07- 028 /Rezone Staff Report Public Hearing Item VI -B KIBC 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. KIBC 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. COASTAL MANAGEMENT APPLICABLE POLICIES Residential Development 1. Location In areas with poorly- draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, on -site facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: Yes. The proposed rezone is intended to address the desire for residential development in this area and the required 2 acre lot size minimum in the Rural Residential Two Zoning District should be sufficient area in order to accommodate the maximum development density allowed by the zoning district. 2. Open Space ,. - - -- -,. - -- _.- L 11 L_ __1_:.__J L_ LL_ - ____:__ -. -- extent Gwen dIedb dnU upon SF.) dCU Sndll be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: Yes. Page 2 of 5 P & Z: June 20, 2007 Public Hearing Item VI -B 3. Access New subdivisions or other residential developments on the shoreline shall provide useable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: Not Applicable. Abutting tidelands are otherwise accessible. 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche run out zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run -up shall be required to the extent feasible and prudent. Consistent: Not Applicable. Development proposed in this case is not located in a known hazardous area. 5. Wetlands Filling and draining of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not Applicable. This request does not involve filling or draining of water bodies. COMMENTS This rezone was initiated by the applicant responding to a previous unsuccessful request for a variance allowing the creation of two substandard sized water -front parcels with a zoning classification of C — Conservation (Planning & Zoning Case No. 07 -009, February 21, 2007). This request to rezone represents the pursuit of a conforming alternative identified in the previous case as a method whereby the petitioner may create two water -front parcels that comply with zoning district standards. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The area subject to this request lies approximately midway between the two major neighborhoods addressed in the 1997 Port Lions Comprehensive Development Plan. Abutting, but not within the boundaries depicted in the plan, the subject location may certainly be considered within the Port Lions "sphere of influence." ZONING /USE: Per KIBC 17.15.010, "The RR2 -Rural Residential Two Zoning District is established as a land use district for large -lot -low- density residential and general agricultural purposes." The proposed rezone, and attendant allowable uses, appears to be compatible with the 1997 Plan. Case 07- 028 /Rezone Staff Report Page 3 of 5 P & Z: June 20, 2007 Case 07- 028 /Rezone Staff Report Public Hearing Item VI -B LAND SUITABILITY: The area (water -front parcels) is substantially effected by wetland conditions, and this impact was the major determinate in the Commission's negative decision in the prior case. A rezone reduces the net negative impact of the wetlands with respect to development of plan compatible residences on these two proposed water -front parcels. RECENT DEVELOPMENT TRENDS IN THE AREA: Residential development supporting local populations and a growing tourist/visitor sector continue as the major economic trend in the immediate vicinity. TRAFFIC IMPACTS: The types of uses allowed in the Rural Residential Two Zoning District should not result in any appreciable adverse traffic impacts. Page 4 of 5 P & Z: June 20, 2007 Case 07- 028 /Rezone Staff Report Public Hearing Item VI -B RECOMMENDATION Staff recommends that the Commission approve the rezone request and forward it to the Assembly for further consideration as an ordinance to amend the zoning map. APPROPRIATE MOTION Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of the West '/2 of United States Survey 1736, from C- Conservation to RR2 -Rural Residential Two, and to adopt the "Findings of Fact" in the staff report dated June 5, 2007 in support of this recommendation. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is needed and justified because the rezone area represents an "in- fill" prospect capable of providing adequately sized development opportunities supporting the community of Port Lions' economic growth. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. The RR2 -Rural Residential Two Zone is consistent with the objectives of 1997 Port Lions Comprehensive Development Plan. The preference for development is in favor of rural residential use, and residential development consistent with the RR2 -Rural Residential Two classification would not unduly burden existing public infrastructure. Page 5 of 5 P & Z: June 20, 2007 Meeting of July 19, 2007 Resolution No. FY2008 -03A Amending Resolution No. FY2008 -03 to Appoint an Additional Member to the Kodiak Fisheries Advisory Committee. Mr. Hunter Berns, a Kodiak salmon fisherman, has requested appointment to the Kodiak Fisheries Advisory Committee. The City Council appointed Mr. Berns to this seat on July 12. We request that the Assembly amend Resolution No. FY2008 -03 to appoint Mr. Hunter as an additional member representing the salmon /herring net vessels interest group on the committee. APPROVAL FOR AGENDA: ITEM NO. 3.0 Kodiak Island Borough AGENDA STATEMENT Resolution No. FY2008 -03A Recommended motion: Move to adopt Resolution No. FY2008 -03A. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -03A Introduced by: Manager Gifford Requested by: Assembly Drafted by: City Manager Introduced: 07/19/2007 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING RESOLUTION NO. FY2008 -03 TO APPOINT AN ADDITIONAL MEMBER TO THE KODIAK FISHERIES ADVISORY COMMITTEE WHEREAS, Resolution Number FY2007 -38 established a joint Kodiak Fisheries Advisory Committee to take the place of the joint Gulf of Alaska Groundfish Rationalization Task Force; and WHEREAS, the purposes of the Kodiak Fisheries Advisory Committee are to provide recommendations, when appropriate, to the Kodiak City Council and the Kodiak Island Borough Assembly regarding a Kodiak position on fisheries issues and to provide a forum for interested parties to discuss and, to the degree possible, reach consensus on fisheries issues affecting Kodiak's fishermen, processors, businesses and residents; and WHEREAS, the term of Kodiak Fisheries Advisory Committee appointments shall be three (3) years provided that appointees' terms shall extend until their replacements are named; and WHEREAS, appointment to the Kodiak Fisheries Advisory Committee confers no rights or authority other than to make recommendations to the Borough Assembly and City Council concerning State and Federal fisheries management actions, which the City Council and Borough Assembly may accept or reject at their sole discretion; and WHEREAS, representatives of the Kodiak Island Borough and City Council, Kodiak residents serving on the North Pacific Fishery Management Council, the North Pacific Council's Advisory Panel and the Alaska Board of Fisheries are ex- officio non - voting members of the Kodiak Fisheries Advisory Committee; and WHEREAS, Kodiak Fisheries Advisory Committee members have the authority to designate an alternate prior to a meeting if the member cannot attend; and WHEREAS, the Kodiak Fisheries Advisory Committee has the authority to develop procedures for calling and conducting Committee meetings, determining the Committee's position on issues and resolving other Committee organizational matters. NOW, THEREFORE, BE IT RESOLVED by the Kodiak Island Borough Assembly that the Kodiak Fisheries Advisory Committee shall be composed of the following individuals representing the following Kodiak community interest groups. Kodiak Island Borough, Alaska Resolution No. FY2008 -03 Page 1 of 2 Interest Group Large Pot Vessels Large Trawl Vessels Large Longline Vessels Jig Vessels Crewmembers Large Processors ADFG Advisory Committee Business Community (non fishing related) Conservation Community Small Pot Vessels Small Trawl Vessels Small Longline Vessels Salmon /Herring Net Vessels Kodiak Rural Communities Small Processors Lodge Charter Boat Operators Citizen at Large ATTEST: Nova M. Javier, CMC, Borough Clerk Member Jeffrey Stephan Jim Hamilton Chris Holland Chuck Thompson Steve Branson Julie Bonney Oliver Holm Rolan Ruoss Theresa Peterson Norman Mullan Jay Stinson Alexus Kwatchka Hunter Berns David Woodruff Alan Austerman ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2008 -03A Page 2 of 2 Memorandum To: Mayor & Council Date: July 12, 2007 From: Debra Marlar Subject: Amendment to Resolution No. City Clerk 07 -22 Hunter Berns, a Kodiak salmon fisherman, has requested appointment to the Kodiak Fisheries Advisory Committee. It is anticipated that the Kodiak Island Borough Assembly will amend its existing resolution to include this appointment at its July 19th meeting, and Manager Freed recommends that the Council amend Resolution No. 07 -22 to appoint Mr. Berns to the salmon /herring net vessel seat on the Kodiak Fisheries Advisory Committee. If the Council desires to appoint Mr. Berns to this seat, the following amendment motion is suggested after the motion to adopt Resolution No. 07 -22 is made and seconded: Move to amend Resolution No. 07 -22 by inserting the name Hunter Berns after the interest group salmon /herring net vessels. Nova Javier From: Hunter Berns [hunterberns ©gmail.com] Sent: Wednesday, July 11, 2007 1:40 PM To: Nova Javier Subject: Re: Fisheries Joint Task Force applications Hello, My full name is Richard Hunter Berns Physical Address: 814 Tagura Road Mailing Address: Po Box 23 Phone: 907 486 5091 Thank you for your help on this. Regards, Hunter Berns On 7/11/07, Nova Javier <njavier @kodiakak.us> wrote: Hi Linda, We will have a work session on Thursday, June 19 and the Assembly can discuss this appointment then. I can also prepare a resolution amending the previous resolution to add Mr. Hunter's name. Like you mentioned, it is a joint appointment you may want to put verbage noting "pending appointment by the Borough Assembly." Mr. Hunter, I would like to verify your full name, I need to make sure that you are a registered voter in Kodiak. Please send me your info: Name Address Mailing Address Phone no. Thank you, Nova Javier, CMC Borough Clerk From: Freed, Linda [ mailto :lfreed @city.kodiak.ak.us] Sent: Wednesday, July 11, 2007 8:23 AM To: Hunter Berns Cc: Bud Cassidy; Nova Javier; Marlar, Debra; Volpe, Barbara Subject: RE: Fisheries Joint Task Force applications Hi Hunter, All I need is your e -mail. Since the appointments to the Kodiak Fisheries Advisory Committee are being made jointly by the Kodiak City Council and the Kodiak Island Borough Assembly, I need to check with Kodiak Island Borough staff about your possible appointment. If we can work out the "logistics ", I'll recommend that the City Council amend the City's appointing resolution tomorrow night to include you as the representative for the "salmon/herring net vessel" seat. Thanks for your interest. Linda L. Freed City Manager, City of Kodiak 710 Mill Bay Road 7/11/2007 Kodiak, Alaska 99615 (907) 486 -8640 (voice) (907) 486 -8600 (fax) (freed @city.kodiak.ak.us 7/11/2007 Original Message From: Hunter Berns [mailto:hunterberns@gmail.com] Sent: Wednesday, July 11, 2007 7:51 AM To: Freed, Linda Subject: Fisheries Joint Task Force applications Good morning, I am a Kodiak salmon fisherman, and I am interested in applying to be on the Fisheries Joint Task Force. However, Pm fishing at the moment and have no means of picking one up in town. Are the applications available online? Or is there an alternate means of applying? Thank you for your time and attention on this matter. Hunter Berns KODIAK ISLAND BOROUGH ENGINEERING/FACILITIES DEPARTMENT 710 Mill Bay Road Kodiak, AK 99615 (907) 486 -9341 Phone (907) 486 -9394 Fax ksmith@kib.co.kodiak.ak.us MEMORANDUM DATE: 7/19/07 TO: Rick Gifford FROM: Ken Smith, Project Manager RE: Asbestos Summary at KMS and Main Elementary School The Kodiak Middle School Seismic Upgrade project kickoff meeting was held 6/29 with KIB, KIBSD and Brechan Project Manager, Superintendent, and major subcontractors in attendance. Brechan's crew commenced work in KMS the week of 7/2 performing demolition of work areas to include gypsum wall board (GWB), carpeting and vinyl flooring and other finishes in the area to receive upgrade and renovation. I was on vacation that first week during the demolition. Environmental testing had been completed previously by Quest Environmental, Inc in compliance with the Asbestos Hazard Emergency Response Act of 1986 (AHERA) Reports and additional testing of select samples as requested by our project architect, Tony Yorba, in areas of his particular concern. Asbestos was identified in certain areas and reported in the Asbestos Survey for KMS prepared by Carson Dorn, April 2007. It was determined that the identified asbestos containing materials (ACM) did not require full abatement procedures, but could be handled by Brechan employees using standard safety compliance procedures. The floor mastic was not identified as being ACM in either of the reports. A layer of black mastic tile adhesive was discovered during the removal of floor covering and subsequent power scraping to remove carpet adhesive from the previous installation. Some of this material was disturbed by the power scraping procedure. Work by Brechan crew continued through the following week in the affected area. Bulk samples of questionable materials were taken on 7/9 by John Rice, KIBSD certified asbestos inspector /manager, and sent to White's Environmental for testing. We received test results from them on 7/11 showing positive results for ACM. Discussion of the safety issues of workers in the area continued and sufficient concern was raised by Brechan /KIB /KIBSD and consultants. We collectively made the determination and decision that work in the area be suspended on 7/13. KIBSD personnel blocked off the area and changed the locks on the doors to prevent unauthorized entry into the area. Derek Lucas and Alan Caldwell of Satori Group, Anchorage, are Brechan's Asbestos Abatement contractors on other local projects. They happened to be in Kodiak and were available to provide consultation and a Hazardous Material Removal Workplan. Satori is a very reputable firm which has been utilized for asbestos abatement on previous KIB projects. This C:\Documents and Settings \wkoning\Local Settings \Temporary Internet Files \OLK22\Memo Asbestos Summary 070719 (2).doc workplan has been received and discussed with KIB's architect, Tony Yorba, and Environmental Consultant, Tom Carson of Carson Dorn. It was decided that it was in the best interest of KIB and Brechan that any abatement work be added to Brechan's contract as a change order. Time, public health and welfare, and the uniqueness of the services involved in the abatement process are of the essence. Direction was given by KIB to Brechan on 7/18 to subcontract with Satori Group on a T &M basis to proceed with Aggressive Air Monitoring or other Micro Sampling procedures to further define the level and limits of asbestos exposure to the remainder of the facility and to workers. This sampling was conducted this morning and samples have been sent to the laboratory for analysis. Results are expected back on Monday, 7/23. Satori Group is mobilizing equipment and materials to conduct the abatement process. Preliminary budget is $120K to $160K and the work is expected to take approximately 12 days. Satori is to provide unit costs for equipment, testing and personnel necessary to complete the work. While it would be possible to turn over clean areas to Brechan as they become available, Brechan feels that loss of time and productivity will be minimized if the abatement work is conducted in its entirety and the building turned back over to them when the abatement work is completed. This will lengthen the overall schedule but will minimize cost and workplan impact. KIBSD has previously made arrangements with the National Guard to hold classes in the Armory Building until the 10/15 project completion date. It appears that the completion date can be extended without major impact if necessary. Floor coverings are also currently being upgraded in Main Elementary under a separate contract with Northwest Carpet. This facility was constructed circa 1982. The AHERA Report for the facility was reviewed and found that the 12" square vinyl composition tile (VCT) was non ACM. However, the results for the mastic were inconclusive. Experience has shown that the mastic used under 12" tiles is normally not ACM, but because we are and must remain sensitive to worker and environmental issues, we had this material tested by White's Environmental and were surprised with the positive results for ACM. Northwest workers are currently waiting on the remainder of their materials to arrive to complete the work and have returned to Anchorage in the interim. They have been notified of our findings and are awaiting our direction. Alan Caldwell of Satori Group took "microvac" samples at Main Elementary building exits, interior areas with exposed ACM, and at the air handling unit filter to further quantify any hazard to workers or building occupants. The exposure hazard is deemed to be very low at this facility as the tiles were removed and the mastic left undisturbed in place. But given the situation, these test results which are also expected on 7/23, will provide conclusive answers that can be shown when the certain questions are posed. In conclusion, this asbestos issue was unexpected and comes at a critical time in the project. I am confident that it is being handled properly and in the best interest of Brechan /KIB /KIBSD workers and the public. I urge the approval of the KIB Assembly to move the project forward. Kenneth W. Smith, P.E. Project Manager / Inspector Kodiak Island Borough Engineering & Facilities Department 710 Mill Bay Rd. Kodiak, AK 99615 Phone: (907) 486 -9341 Fax: (907) 486 -9394 email: ksmith@kib.co.kodiak.ak.us C:\Documents and Settings \wkoning\Local Settings \Temporary Internet Files \OLK22\Memo Asbestos Summary 070719 (2).doc In your mail is an invitation to attend a "Hard Hat Tour" of the National Wildlife Refuge (Visitor's Center) tomorrow at 11 a.m. Please let me knovA • u arq, planning to attend. This i l i a reminder . o the Mayor and Assembly members that the AADC recepti n is tomorrow night at 6:30 p.m. at the Kodiak Fisheries Research Center. Mr. Hunter Berns, a Kodiak salmon fisherman, has requested appoint to the Kodi Fisheries Advisory Committee. The City Council appointed Mr. = - - is seat on July 12. Resolution No. FY2008 -03A will b ofo - e A ssembly during the special meeting. This would be the o ' fo Assembly members to discuss this appointment. Chapters: 7.10 7.20 7.30 7.40 7.50 7.60 7.70 TITLE 7 ELECTIONS' General Provisions Qualifications of Voters and Candidates Procedures for Conduct of Elections Canvassing and Certification of Election Returns Absentee Voting Election Pamphlet Elections by Mail 'For statutory provisions governing municipal elections, AS 96 for provisions requiring the assembly to prescribe the general rules for the conduct of municipal elections, see AS 29.26.010. Editor's note: Chapter 2.01 of this code, adopted by Ord. 86 -22 -0 and amended by Ord. 88 -05 -0 and Ord. 90 -07 -0, was renumbered and moved to Title 7 in January 1991 at the direction of the clerk. 7 -1 (KIB 03/05) Supp. #41 Sections: Chapter 7.10 GENERAL PROVISIONS 7.10.010 Incorporation of state and federal law. 7.10.020 Severability. 7.10.030 Liquor sales permitted. 7.10.040 Clerk to administer elections. 7.10.050 Time of election. 7.10.060 Notice of elections. 7.10.070 Election Expenses. 7.10.080 Election supplies and equipment. 7.10.090 Preservation of election ballots, papers, and materials. 7.10.100 Definitions. 7.10.010 -- 7.10.050 7.10.010 Incorporation of state and federal law. All provisions of the Constitution of the United States, the Constitution of the state and any laws pursuant to said Constitution affecting borough elections are incorporated in this chapter as if fully set out in this chapter. (Ord. 86 -22 -0 ' 2(part), 1986). 7.10.020 Severability. If any provision of this title or its application to any person or set of circumstances is held invalid, the remainder of the chapter or its application to other persons or circumstances shall not be affected. (Ord. 86 -22 -0 ' 2(part), 1986). 7.10.030 Liquor sales permitted. The provisions of AS ' 4.16.070(a) do not apply in the borough when elections are being held. (Ord. 86 -22 -0 ' 2(part), 1986). 7.10.040 Clerk to administer elections. The clerk, in accordance with the provisions of this title, shall administer all borough elections. (Ord. 86 -22 -0 ' 2(part), 1986). 7.10.050 Time of election. A. Regular elections shall be held on the first Tuesday in October each year. B. All elected officials of the borough shall be elected at the regular election in such years as their respective terms of office expire. C. The polls shall be open in each precinct for the purpose of voting in accordance with the established state hours for the election. (Ord. 86 -22 -0 ' 2(part), 1986). 7 -2 (KIB 03/05) Supp. #41 7.10.060 -- 7.10.080 7.10.060 Notice of elections. A. The clerk shall post a notice of each regular election in three (3) public places and publish at least twice in one (1) or more newspapers of general circulation in the borough, the first such publication to be accomplished at least thirty (30) days prior to the election. For special elections, the first such publication to be accomplished at least twenty (20) days prior to the election. The clerk shall give such other notice to the public as may be required by resolution of the assembly. B. Each notice of election shall include: 1 the type of election, regular or special; 2. the date of the election; 3. the hours the polls will be open; 4. the offices to which candidates are to be elected; 5. the subjects of propositions and questions to be voted upon; 6. voter qualifications; and 7. location of precinct polling places. C. At least one (1) day before the election, the clerk shall cause to be posted at each polling place where the election is to be held, publish in a newspaper of general circulation and in at least three (3) public places in the borough specimen ballots with instructions to voters. Specimen ballots shall be substantially similar to the official ballots and shall be marked "sample ballot" in place of the words "official ballot ". (Ord. 86 -22 -0 ' 2(part), 1986). 7.10.070 Election Expenses. A. The borough shall pay all necessary election expenses, including those of securing polling places and providing ballot boxes, ballots, voting booths or screens, national flags, and other supplies and any wages to election officials unless otherwise provided by this code. B. The borough shall pay each election board member and canvass board member the hourly rate provided for similar election officials for state elections for the time spent at their election duties, including the receiving of instructions. (Ord. 86 -22 -0 ' 2(part), 1986). 7.10.080 Election supplies and equipment. A. Before the opening of the polls the clerk shall furnish to the election board of each precinct the state voter registration list for that precinct and shall equip and supply each polling place with sufficient materials for that precinct's election, including those materials required by this section. B. The clerk shall prepare instructions explaining to voters how to obtain ballots, how to mark them, and how to obtain new ballots to replace those destroyed or spoiled. These instructions shall be printed on cards in large, clear type and shall be distributed to the election boards to be prominently displayed in each polling place. The clerk shall provide booths at each polling place with appropriate supplies and conveniences to enable each voter to mark his ballot screened from observation. Ballot boxes shall be placed outside the voting booths in plain view of the election officials, voters and other persons at the polling place. (Ord. 86 -22 -0 ' 2(part), 1986). 7 -3 (KIB 03/05) Supp. #41 7.10.090 -- 7.10.100 7.10.090 Preservation of election ballots, papers and materials. The clerk shall preserve all precinct election certificates, tallies, and registers, receipts for ballots, all voted ballots, and declarations of candidacy filed as set by the records retention schedule resolution. These materials may be destroyed after their retention period has lapsed unless an application for a recount has been filed and not completed, or unless their destruction is stayed by an order of the court. Certificates of the canvass board are to be preserved as permanent records. (Ord. 95 -01 ' 2(part), 1995; Ord. 86 -22 -0 ' 2(part), 1986). 7.10.100 Definitions. In this chapter, unless the context requires otherwise: A. the masculine includes the feminine; B. "Clerk" means the borough clerk or any properly authorized assistant or designee; C. "Days" include weekends and holidays; D. "Election" includes any regular or special election of the borough; E. "Election supervisor" means the clerk; F. "Publication" means a newspaper of general circulation or posting in public places; G. "Election officials" means the clerk or his designee, election judges, election clerks, and canvassing boards; H. "Oath" includes affirmation; I. "Precinct" means the territory established by the state; J. "Proposition" includes question; K. "Qualified voter" is any voter who: 1. is a citizen of the United States; 2. has passed his eighteenth (18th) birthday; 3. has been a resident of the state and of the borough for at least thirty (30) days just before the election; 4. has registered at least thirty (30) days before the election as required by AS 15.07 and is not registered to vote in another jurisdiction; and 5. is not disqualified under Article V of the State Constitution. L. "Regular election" means a general election to fill assembly offices as required by subsection 7.10.050(B) of this chapter; M. "Special election" means any election held at a time other than when a regular election is held; N. "Swear" includes affirm; and 0. "Voter" means any person who presents himself for the purpose of voting, either in person or by absentee ballot. (Ord. 86 -22 -0 ' 2(part), 1986). 7 -4 (KIB 03/05) Supp. #41 Sections: 7.20.010 7.20.020 7.20.030 7.20.040 Chapter 7.20 QUALIFICATIONS OF VOTERS AND CANDIDATES Qualifications of voters. Candidate qualifications. Declaration of candidacy by petition. Correction, amendments and withdrawal of nominating petitions. 7.20.010 Qualifications of voters. A. A person is qualified to vote in borough -wide elections who: 1. is a citizen of the United States; 2. has passed his eighteenth (18th) birthday; 3. has been a resident of the state and of the borough for at least thirty (30) days preceding the election; 4. has registered at least thirty (30) days before the election with the state and is not registered to vote in another jurisdiction; and 5. is not disqualified under Act. V of the State Constitution. B. A person is qualified to vote in a service area election if he meets the above requirements and has been a resident of the service area in which he seeks to vote for at least thirty (30) days immediately preceding the election. C. If a voter's polling place is in question, a voter shall be allowed to vote and any election official shall consider the ballot as a questioned ballot. (Ord. 86 -22 -0 ' 2(part), 1986). 7.20.020 Candidate qualifications. A. Candidates for mayor, assembly, and school board must be qualified voters of the borough and residents of the borough for one (1) year at the time of filing. B. Candidates for service area boards must be qualified voters of the borough and residents of the service area. (Ord. 86 -22 -0 ' 2(part), 1986). 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 Conflict of Interest Statement in accordance with the provisions of Alaska Statutes at the time of filing the nominating petition. 7 -5 7.20.010 -- 7.20.030 (KIB 03/05) Supp. #41 7.20.030 -- 7.20.040 C. Nominating petitions shall be provided by the clerk not earlier than sixty -five (65) days prior to the election and shall include a provision for a statement by the candidate affirming his qualifications to fill the office for which he is filing. (Ord. 88 -05 -0 ' 2, 1988; Ord. 86 -22 -0 ' 2(part), 1986). 7.20.040 Correction, amendments and withdrawal of nominating petitions. A. Any candidate may withdraw his nomination at any time during the period for filing nominating petitions by appropriate written notice to the clerk. However, after the filing has closed, no petition may be corrected, amended, or withdrawn. B. A nominating petition presented shall not be changed as to term of office. If a candidate desires to file for a different seat, he shall request that the prior petition be withdrawn and obtain a new form from the clerk. (Ord. 86 -22 -0 ' 2(part), 1986). 7 -6 (KIB 03/05) Supp. #41 Sections: Chapter 7.30 PROCEDURES FOR CONDUCT OF ELECTIONS 7.30.010 Election officials. 7.30.020 Precincts and polling places. 7.30.030 Ballots - -Form. 7.30.040 Ballots -- Distribution. 7.30.050 Voting devices and machines. 7.30.060 Voting procedures at the polls. 7.30.070 Questioning procedures. 7.30.080 Disposition of questioned votes. 7.30.090 Unused ballots. 7.30.100 Counting ballots. 7.30.110 Completion of ballot count. 7.30.120 Rules for determining mark. 7.30.130 Tally of votes. 7.30.010 Election officials. A. The assembly shall appoint at least three (3) judges in each precinct to constitute the election board of that precinct. The borough clerk is the election supervisor. One (1) judge shall be designated as chair and shall be ordinarily responsible for administering the election in that precinct. The borough clerk may appoint up to three (3) election clerks at any polling place where they are needed to conduct an orderly election and to relieve the election judges of undue hardship. B. All election officials should attend a training session unless personally and specifically excused for cause by the borough clerk. If any appointed election official is not able to or refuses to serve on election day, the borough clerk may appoint a replacement for that official. C. Each election official serving at a precinct polling place must be a qualified voter and, if possible, a resident within the precinct for which appointed. D. All election judges and clerks, before entering upon their duties, must subscribe to the oath required of all public officers by the Constitution of the state in the manner prescribed by the borough clerk. E. Candidates or members of the candidate's immediate family shall not serve as officials for the election in which he is a candidate. (Ord. 86 -22 -0 ' 2(part), 1986). 7.30.020 Precincts and polling places. A. The precincts established by the state and set forth in the Alaska Administrative Code shall be the precincts for all elections. The borough clerk shall secure a polling place for each precinct for each election. Whenever practicable, the polling place shall be located within the precinct. 7 -7 7.30.010 -- 7.30.020 (KIB 03/05) Supp. #41 7 -8 7.30.020 -- 7.30.030 B. No later than twenty (20) days before each regular and special election, the borough clerk shall publish in one (1) or more newspapers of general circulation in the borough the locations of the precinct polling places. Such publication shall be repeated at least once no later than the day prior to the election. (Ord. 86 -22 -0 ' 2(part), 1986). 7.30.030 Ballots- -Form. The clerk shall prepare all official ballots to facilitate fairness, simplicity, and clarity in the voting procedure, to reflect most accurately the intent of the voter, and to expedite the administration of elections. The following directives shall be followed when applicable: A. The clerk shall determine the size of the ballot, the type of print, necessary additional instructions to voters, and other similar matters of form not provided by law. B. The clerk may contract for the preparation of ballots, instructions to voters, and other similar matters of form not provided by law without obtaining competitive bids. C. Ballots shall be prepared in the manner prescribed by law for state elections, insofar as such prescription is applicable to nonpartisan elections. The ballots shall be numbered in series to assure simplicity and secrecy and to prevent fraud, the number being placed in an area set off by perforations for ease of removal. D. All candidates to the same office shall be shown on one (1) ballot. The title of each office to be filled shall be followed by the printed names of all candidates for that office, and provisions shall be made for write -in's equal in number to the positions to be filled. The names of candidates shall be printed as they appear upon the declaration of candidacy except that any honorary or assumed title or prefix shall be omitted. The words "Vote for not more than ", with the appropriate number replacing the blank, shall be placed before the lists of candidates for each office. Names of candidates shall appear on the ballot with the position of names of the candidates set out in the same order in each section on each ballot used as prescribed in Alaska Statutes for state elections. However, the order of placement of the names of the candidates for each office shall be randomly determined by the clerk for ballots printed for use. E. Following the offices and candidates, there shall be placed on the ballot or on separate ballots, as the clerk may determine, all propositions or questions to be voted on. The words "YES" and "NO" shall be placed below the statement of each proposition or question. The clerk shall determine the number of ballots to be used to present all offices, propositions, and questions to the qualified voter. F. Each ballot shall bear the words "Official Ballot" and the date of the election. G. The clerk shall have printed and available at each polling place, on election day and in the clerk's office preceding the election, the appropriate tinted sample ballots for each election. (Ord. 2002 -12 ' 2, 2002; Ord. 96 -08 ' 2(part), 1996; Ord. 86 -22 -0 ' 2(part), 1986). (KIB 03/05) Supp. #41 7.30.040 -- 7.30.060 7.30.040 Ballots -- Distribution. A. The clerk shall have the ballots in his possession at least fifteen (15) days before each regular election. At that time the ballots may be inspected by any candidate whose name is on the ballot, or his authorized agent, and any mistake discovered shall be corrected immediately. Sufficient ballots for the registered voters of each precinct shall be delivered to the election board for that precinct. B. The ballots shall be delivered in a separate sealed package, with the number of ballots enclosed clearly marked on the outside of the package. A receipt shall be taken for the election board member to whom each package is delivered in person or by mail. (Ord. 86 -22 -0 ' 2(part), 1986). 7.30.050 Voting devices and machines. Voting devices and machines will be used for all regular and special elections unless determined not to be practical by the clerk. The laws of the state concerning voting devices and machines are incorporated in this chapter as if fully set out in this chapter except for provisions in conflict with this chapter. All necessary supplies for the assistance of voters, such as sample ballots, instructions, booths, etc., shall be provided in the same manner as when paper ballots are used. (Ord. 86 -22 -0 ' 2(part), 1986). 7.30.060 Voting procedures at the polls. A. Before issuing any ballots, the election board must, in the presence of any persons assembled at the polling place, open and exhibit the ballot box to be used at the polling place as empty. The ballot box then shall be closed and shall not be opened again or removed from the polling place until the polls have closed. B. The judges shall keep an original register in which each voter, before receiving his ballot, shall sign his name. The signing of the register constitutes a declaration by the voter that he is qualified to vote. A record shall be kept in the registration list in the space provided of the name of persons who offer to vote but who actually do not vote and a brief statement of explanation.. If a voter's polling place is in question, a voter shall be allowed to vote and any election official shall consider the ballot as a questioned ballot. C. Before being allowed to vote, each voter shall exhibit to an election judge one (1) form of identification, including but not limited to an official voter registration card, driver's license, birth certificate, passport, or hunting or fishing license. An election judge may waive the identification requirement if he knows the identity of the voter. A voter who cannot exhibit a required form of identification shall be allowed to vote a questioned ballot. D. When the voter is qualified to vote, the election judge shall give him an official ballot. The voter shall retire to a booth or private place to mark the ballot. The ballot must be voted at the polling place and no ballot may be removed from the polling place until the election judges have completed their post election duties. E. A qualified voter who cannot read, mark the ballot, or sign his name may request an election judge, a person, or not more than two (2) persons of his choice to assist him. If the election judge is requested, he shall assist the voter. If any other person is requested, the person shall state upon oath before the election judge that he will not divulge the vote cast by the person whom he assists. Intoxication shall not be regarded as a physical disability, and no intoxicated person should receive assistance in marking his ballot. 7 -9 (KIB 03/05) Supp. #41 7 -10 7.30.060 -- 7.30.090 F. If a voter improperly marks or otherwise damages a ballot, he shall return it to the election officials, concealing the manner in which it is marked from view, and shall request a new ballot. The election officials shall destroy the damaged ballot after having recorded its number and shall issue a new ballot to the voter. A voter may request replacement of a damaged ballot no more than three (3) times. G. Fifteen (15) minutes before closing the polls, the time remaining before such closure shall be proclaimed. When the polls are closed for the purposes of voting, that fact shall likewise be proclaimed and thereafter no ballot shall be issued except to those voters who were present and waiting their turn to go through the voting procedure at the time prescribed for closing the polls. (Ord. 86 -22 -0 ' 2(part), 1986). 7.30.070 Questioning procedures. A. Every election judge and election clerk shall question, and any person qualified to vote in the precinct or qualified to vote in the particular election involving less than an entire precinct in the case of service areas, may question a person attempting to vote if the questioner has good reason to suspect that the questioned person is not qualified to vote. All questions shall be made in writing setting out the reason for the question. A questioned person before voting shall subscribe to an oath and affidavit provided by the borough clerk attesting to the fact that in each particular case the person meets all the qualifications of a voter, that he is not disqualified, and that he has not voted at the same election. After the questioned person has taken the oath and signed the affidavit, the person may vote. If the questioned person refuses to take the oath or sign the affidavit, the person may not vote. B. If a voter's polling place is in question, he shall be allowed to vote, and any election official shall consider the ballot as a questioned ballot. The voter whose ballot is being questioned shall complete a statement concerning his residence on a form provided by the borough clerk. (Ord. 86 -22 -0 ' 2(part), 1986). 7.30.080 Disposition of questioned votes. A voter who casts a questioned ballot shall vote his ballot in the same manner as prescribed for other voters. After the election judge removes the numbered stub from the ballot, the voter shall insert the ballot into a small blank envelope, seal it, and put the envelope into a larger envelope on which the statement he previously signed is located. These larger envelopes shall be sealed and deposited in the ballot box. When the ballot box is opened, these envelopes shall be counted (unopened) and compared to the voting list, segregated and delivered to the borough clerk for delivery to the canvass board. (Ord. 86 -22 -0 ' 2(part), 1986). 7.30.090 Unused ballots. The numbers of all ballots not issued shall be recorded and then all such ballots shall be disposed of as instructed by the borough clerk before the ballot box is nnenerd The nnmherc of hallntc damaaerd by vnterc and ren1acedd by election nffcialc chaff alcn be recorded. The record of ballots not issued and ballots damaged and replaced shall be preserved as set by the records retention schedule resolution. (Ord. 95 -01 ' 2(part), 1995; Ord. 86 -22 -0 ' 2(part), 1986). (KIB 03/05) Supp. #41 7.30.100 -- 7.30.110 7.30.100 Counting ballots. A. The opening of the ballot box and the counting of ballots shall be accomplished in full view of any persons present. However, the chair of the election board shall not permit anyone present to interfere in any way or to distract the appointed officials from their duties and no one other than appointed election officials may handle the ballots. B. Immediately following the closing of the polls, the election officials shall open the ballot box and count the number of ballots cast with necessary adjustments to account for the number of ballots required to present to each voter all the offices and propositions on which he is entitled to vote; the number of ballots cast shall agree with the number of signatures on the precinct register. If a discrepancy exists which cannot be resolved, the election officials shall explain the discrepancy to the best of their ability in writing for delivery to the borough clerk. C. If computer- counted ballots are used, the election officials shall make a preliminary inspection of the ballot cards, separating those obviously damaged or marked in a questionable manner. After the preliminary inspection is complete, all the ballots shall be placed in the container provided and a seal affixed. The sealed container shall be delivered to the counting center by two (2) or more election judges. In the event that election judges of a precinct are unable personally to deliver the ballots of their precinct to the counting center due to weather or road conditions, delivery may be arranged with all due and proper safeguards, by the state or city police. D. If paper ballots are used, the election board shall tally the votes cast in the manner prescribed in this chapter. E. Ballots may not be counted before 8:00 p.m., local time, on the day of the election. (Ord. 86 -22 -0 ' 2(part), 1986). 7.30.110 Completion of ballot count. When the tally of hand counted ballots is completed, and in no event later than the day after the election, the election board shall complete in duplicate the Certificate of Returns indicating the number of votes cast for each candidate, for and against each proposition, yes or no on each question, and any additional information prescribed by the borough clerk. The election board shall, immediately upon completion of the certificate or as soon thereafter as the local mail service permits, send in one (1) sealed package to the borough clerk one (1) copy of the certificate and the register. In addition, all ballots properly cast shall be mailed or hand delivered to the borough clerk in a separate, sealed package. Both packages, in addition to an address on the outside, shall clearly indicate the precinct from which they come. In those areas of the borough where ballots are counted by hand, the chair shall forward their election results by telephone, telegram or radio on the night of the election. To assure adequate protection, the borough clerk shall prescribe the manner in which the ballots, registers, and all other election records and materials are thereafter preserved, transferred and destroyed. (Ord. 86- 22-0 ' 2(part), 1986). 7 -11 (KIB 03/05) Supp. #41 7 -12 7.30.120 -- 7.30.130 7.30.120 Rules for determining mark. A. All canvassing and counting of ballots will be conducted according to the following rules: 1. a failure to properly mark a ballot as to one (1) or more candidates does not in itself invalidate the entire ballot. 2. a voter may mark his ballot only by using punch marks as may be made through use of the provided ballot marking machine or, if paper ballots are used, a cross mark, "X" mark, diagonal, horizontal or vertical mark, solid mark, circle, or asterisk shall be made with pencil or pen and ink. The marks will be counted only if they are substantially inside the squares provided, or touching the square so as to indicate clearly that the voter intended the particular square to be designated. 3. if a voter marks fewer names than there are persons to be elected to the office, the vote will be counted for each candidate properly marked. 4. if a voter marks more names than there are persons to be elected to the office, the votes for that office will not be counted. 5. improper marks on the ballot will not be counted and will not invalidate marks for candidates properly made. 6. any erasure or correction invalidates only that section of the ballot on which it appears. 7. write -in votes are not invalidated by writing in the name of a candidate whose name is printed on the ballot unless the printed name is for the same office and has also been marked or unless the election board determines, on the basis of other evidence, that the ballot was so marked as to be for the purpose of identifying the ballot. 8. in order to vote for a write -in candidate, the voter must write in the candidate's name in the space provided and, in addition, mark the square opposite the candidate's name in accordance with subsection 7.30.120(A)(2) of this section. 9. stickers bearing the candidate's name may not be used on the ballot. B. The rules set out in this section are mandatory and there shall be no exceptions to them. A ballot may not be counted unless marked in compliance with these rules. (Ord. 86 -22 -0 ' 2(part), 1986). 7.30.130 Tally of votes. A. Tally of votes cast by paper ballot. The borough clerk shall issue instructions and shall provide forms and supplies for the tally of votes cast by paper ballot so as to assure accuracy and to expedite the process. The election board shall canvass and count the votes according to the rules for determining marks on ballots prescribed in section 7.30.120 of this chapter. The election board shall canvass the ballots in a manner that allows watchers to see the ballots when opened and read. No person handling the ballot after it has been taken from the ballot box and before it is placed in the envelope for delivery to the borough clerk may remove a ballot from the immediate vicinity of the nulls nr have a marking device in hand B. Tally of votes by computer. 1. election judges and clerks serving at the counting center shall be appointed in the same manner as those serving at the polling places. Any qualified voter of the borough may be appointed for this service. (KIB 03/05) Supp. #41 7.30.130 2. upon receipt of the ballot container, an election official shall test the seal and certify that it has not been broken. If there is a discrepancy, it shall be brought to the borough clerk's attention at this time. 3. after certification that the seal on the ballot container was intact upon receipt, a counting center official shall break the seal and remove the ballots. Those ballots that cannot be processed by the computer due to physical damage shall be stamped "DEFECTIVE" and shall be delivered to the control board. 4. three (3) election officials, as a board, shall prepare facsimiles of all defective ballots, recording ballot numbers in the manner prescribed by the borough clerk in order to permit verification of duplication if necessary at a later date. Facsimile ballots shall be placed with the valid, non - defective ballots of the precinct to be delivered to the computer area for tally of votes. Defective ballots of which facsimiles have been prepared and rejected ballots shall be placed in an envelope bearing the number of the precinct at which they were cast and shall be delivered to the borough clerk to be preserved as set by the records retention schedule resolution. 5. only those ballots punched in accordance with subsection 7.30.120(A)(2) of this chapter shall be counted. 6. computer tally of votes cast shall be directed by the borough clerk and shall be observed by an independent review board appointed by the assembly. When the tally of votes has been completed, the voted ballots shall be sealed into containers and delivered to the borough clerk to be preserved as set by the records retention schedule resolution. Ballot containers may not be opened unless the borough clerk is ordered to do so by the assembly or by the court. 7. write -in votes will only be tabulated when the total number of write -in votes for any office exceeds the smallest number of votes cast for any candidate whose name is printed on the ballot. (Ord. 95 -01 ' 2(part), 1995; Ord. 86 -22 -0 ' 2(part), 1986). 7 -13 (KIB 03/05) Supp. #41 Sections: 7.40.010 7.40.020 7.40.025 7.40.030 7.40.040 Chapter 7.40 CANVASSING AND CERTIFICATION OF ELECTION RETURNS Canvass of returns. Certification of the election. Simple majority B votes required for election to office. Election recounts. Contest of election. 7.40.010 Canvass of returns. A. Before each election, the assembly shall appoint at least three (3) qualified voters, who shall constitute the election canvass board for that election. All members of the election canvass board, before entering upon their duties, must subscribe to the oath required of all public officers by the constitution of the state in the manner prescribed by the clerk. B. On the day following each election, or as soon as is practicable, the election canvass board shall meet in public session and canvass all election returns. The canvass may be postponed for cause from day to day, but there shall be no more than three (3) such postponements. In full view of those present, the election canvass board shall judge the applicability of absentee, questioned, and special needs, shall open and tally those accepted and shall compile the total votes cast in the election. The canvass of the ballot vote counted by precinct election boards shall be accomplished by reviewing the tallies of the recorded vote to check for mathematical error by comparing totals with the precinct's certificate of results. All obvious errors found by the election canvass board in the transfer of totals from the precinct tally sheets to the precinct certificate of returns shall be corrected in the canvass board certificate of election returns and reported to the assembly as having been corrected. If in the opinion of the canvass board a mistake has been made in precinct returns which is not clearly an error in the transfer of results from the tallies to the certificate of results, the canvass board may recommend to the governing body that a recount of that precinct's results be made for that portion of the returns in question. C. Absentee, questioned, and special needs ballots shall be counted as follows: No ballot shall be counted if the voter has failed to properly execute the oath and affidavit, or if the voter fails to enclose his marked ballot inside the small envelope provided. The clerk or a member of the election canvass board may question the qualifications of an absentee voter when read from the voter's certificate on the back of the large envelope, if he has good reason to suspect that the voter is not qualified to vote, is disqualified, or has otherwise voted at the same election. The person questioning the qualifications shall specif the basic of the question in writing The canvassing board by majority vote may refuse to accept the question and count the ballot. If the ballot is refused, the clerk shall return a copy of the statement of the question to the voter, and shall enclose all rejected ballots in a separate envelope with statements of question. The envelope shall be labeled "rejected ballots" and shall be transmitted to the assembly with the election certificates and other returns. If the ballot is not refused, the large envelope shall be opened, the 7 -14 7.40.010 (KIB 03/05) Supp. #41 7.40.010 -- 7.40.025 smaller inner envelope shall be placed in a container and mixed with other blank absentee ballot envelopes, or in the case of counting questioned ballots, with other blank questioned ballot envelopes. The mixed smaller blank envelopes shall be drawn from the container, opened, and the ballots counted according to the rules of determining properly marked ballots. D. Upon completion of the canvass, the canvassing board shall prepare a certificate of the results of votes cast by absentee, questioned, and ballots of votes cast by regular ballot, and shall prepare and submit a written report of said results to the assembly. E. If election materials have not been received from a precinct prior to completion of the canvass, but election results have been transmitted by telephone, telegram, or radio, the canvassing board shall count the election results received. If the clerk has reason to believe that a missing precinct certificate, if received, would affect the result of the election, the clerk shall await the receipt of the certificate until 4:00 p.m. in the afternoon on the Tuesday following the election. If the certificate is not received by the clerk by 4:00 p.m., Tuesday, then the certificate shall not be counted nor included in the final certification of the canvassing board. (Ord. 2004 -13 ' 2, 2004; Ord. 86 -22 -0 ' 2(part), 1986). 7.40.020 Certification of the election. A. As soon as possible after completion of the canvass, the assembly shall meet in public session to receive the report of the canvass board. If, after considering said report, the assembly determines that the election was validly held, the election shall be certified by resolution and entered upon the minutes of the meeting. B. If the canvass board reports a failure to comply with provisions of state law and borough ordinance or illegal election practices occurred and that such failure is sufficient to change the outcome of the election, the assembly may exclude the votes cast in one (1) or more precincts where such failure or illegal practices occurred from the total returns or may declare the entire election invalid and order a new election. C. If the canvass board reports an apparent discrepancy in the returns of one (1) or more precinct, the assembly may order a recount of the votes cast in said precinct(s). Such recount shall be conducted immediately by the canvassing board and the results reported to the assembly. D. In case of failure to elect a candidate because of a tie vote, the assembly shall immediately cause the canvass board to recount the votes. If there is still a failure to elect because of a tie after completion of the recount, the election shall be determined fairly by lot from among the candidates tying in a meeting of the assembly and under its direction. E. Upon certification of a valid election the assembly shall direct the clerk to deliver to each person elected to office a "Certificate of Election" signed by the clerk and authenticated by the seal of the borough. (Ord. 86 -22 -0 ' 2(part), 1986). 7.40.025 Simple Majority- -Votes required for election to office. All borough offices shall be filled by the candidate(s) receiving the greatest number of votes. (Ord. 2002 -12 ' 3, 2002). 7 -15 (KIB 03/05) Supp. #41 7.40.030 7.40.030 Election recounts. A. A defeated candidate, or ten (10) qualified voters, who believe there has been a mistake made by an election official or by the canvassing board in counting the votes in an election, may file an application requesting a recount with the clerk no later than 5:00 p.m. on the Monday following the election or twenty -four (24) hours after completion of the canvass board, whichever is later. The applicant shall include a deposit in cash or certified check for one hundred dollars ($100). The deposit shall be applied against any costs incurred pursuant to subsection (E) of this section or refunded if there is no liability for recount costs. If the difference between two (2) candidates is two percent (2 %) or less, the clerk shall initiate the recount and give notice to the interested parties. B. The application shall specify in substance the basis of the belief that a mistake has been made, the particular election precinct or precincts for which the recount is to be held, the particular office, proposition or question for which the recount is to be held, and that the person making the application is a candidate or that the ten (10) persons making the application are qualified voters. The application for a recount shall bear the notarized signature of the candidate or the ten (10) qualified voters seeking the recount. C. Upon receiving an application in substantially required form, the clerk shall appoint a recount board of four (4) or more qualified voters to conduct the recount of ballots, as soon as possible, of those precincts cited in the application for recount. The rules governing the counting of marked ballots by the election board shall be followed. Those requesting the recount, those whose election is recounted, and the public shall be allowed to attend the recount proceeding. D. Upon completion of recount, the recount board shall certify the results of the recount to the assembly. The assembly shall declare the final election results and direct the clerk to deliver to each person elected to office a "Certificate of Election" signed by the clerk and authenticated by the seal of the borough. E. The applicant or applicants for recount shall pay all costs and expenses incurred in a recount of an election demanded by the applicant or applicants if the recount fails to reverse any result of the election or the difference between the winning and losing vote on the result requested for recount is more than two percent (2 %). F. A candidate or any person who requested a recount who has reason to believe an error has been made in the recount involving any question, proposition, candidate or validity of any ballot may appeal to the superior court within ten (10) days after the assembly has declared the election results. If no such action is commenced within the ten (10) day period, the election and the election results shall be conclusive, final, and valid in all respects. (Ord. 86 -22 -0 ' 2(part), 1986). 7 -16 (KIB 03/05) Supp. #41 7.40.040 7.40.040 Contest of election. A defeated candidate or any ten (10) qualified voters who contested an election may bring an action in the superior court within ten (10) days after the assembly has concluded that said election was validly held and the results entered upon the minutes. Such legal action shall be upon the grounds set forth in Alaska Statutes for contesting state elections. The judge shall render a decision as required by AS 15.20.560 for state elections. If no such action is commenced within the ten (10) day period, the election and the election results shall be conclusive, final and valid in all respects. (Ord. 86 -22 -0 ' 2(part), 1986). 7 -17 (KIB 03/05) Supp. #41 Sections: 7.50.010 7.50.020 7.50.030 7.50.040 7.50.050 7.50.060 Chapter 7.50 ABSENTEE VOTING Eligibility. Repealed. Absentee voting - -In person. Special needs voting. Absentee voting - -By mail. Designation of absentee voting officials. 7.50.010 Eligibility. Any person may vote absentee. (Ord. 2002 -11 ' 2, 2002; Ord. 86 -22 -0 ' 2(part), 1986). 7.50.020 Materials for absentee voting. (Repealed by Ord. 2002 -11 ' 3, 2002; Ord. 86 -22 -0 ' 2(part), 1986). 7.50.030 Absentee voting - -In person. A. Any person may apply for an absentee ballot in person from the clerk or an absentee voting official fifteen (15) days before an election, up to and including the day before the date of the election, by completing an absentee in person envelope. B. Upon completion of an absentee in person envelope and exhibition of proof of identification as required in subsection 7.30.060(C) of this title, the clerk or an absentee voting official shall issue the ballot and small secrecy envelope to the applicant. C. On receipt of an absentee ballot in person, the voter shall mark the ballot in secret, place the ballot in the small secrecy envelope, place the small envelope in the absentee in person envelope, and sign the voter's certificate on the absentee in person envelope in the presence of the clerk or absentee voting official who shall sign as attesting official and date that signature. The clerk or absentee voting official shall then accept the ballot. D. The clerk or absentee voting official may not accept a marked ballot that has been exhibited by an absentee voter with the intent to influence other voters. If the absentee voter spoils the ballot, the voter may request another ballot up to a maximum of three (3). Exhibited or spoiled ballots shall be destroyed. The numbers of all ballots destroyed shall be noted on the ballot statement. E. The clerk or absentee voting official shall keep a record of the names and signatures of voters who cast absentee ballots and the dates on which the ballots were cast. (Ord. 2002 -11 ' 4, 2002; Ord. 86 -22 -0 ' 2(part), 1986). 7 -18 7.50.010 -- 7.50.030 (KIB 03/05) Supp. #41 7.50.040 Special needs voting. A. Any person with a disability who, because of that disability, is unable to go to a polling place to vote may vote a special needs ballot, or the voter may, through a representative, request a special needs ballot from the clerk or an absentee voting official fifteen (15) days before an election, up to and including the day before the date of the election, or from an election precinct voting official on election day. B. If the request for a special needs ballot is made through a representative, the representative shall sign a register provided by an election official. The register must include the following information: 1. the representative =s name; 2. the representative =s residence and mailing address; 3. the representative =s social security number, voter number, or date of birth; 4. the name of the voter on whose behalf the representative is requesting a ballot; 5. an oath that the representative: a. is receiving a ballot and voting materials on behalf of the voter; b. will not vote the ballot for the voter; c. will not coerce the voter; d. will not divulge the vote cast by the voter; and e. has been notified that unlawful interference with voting is punishable under AS 15.56.030. C. The clerk, absentee voting official, or election precinct voting official shall keep a record of the name and signature of each representative requesting an absentee ballot and the name of the person on whose behalf the ballot is requested. The clerk, absentee voting official, or election precinct voting official shall record the date and time the absentee ballot is provided and the time the ballot is returned. D. The representative shall deliver the special needs ballot and other voting materials to the voter as soon as practicable. The voter shall mark the ballot in secret, place the ballot in the secrecy sleeve, and place the secrecy sleeve in the envelope provided. The voter shall provide the information on the envelope that would be required for absentee voting if the voter voted in person. The voter shall sign the voter =s certificate in the presence of the representative. The representative shall sign as attesting official and date the voter =s signature. E. The representative shall deliver the ballot and voter certificate to the clerk or absentee voting official not later than 5:00 p.m. the day before the election or to an election precinct voting official not later than 8:00 p.m. on election day. F. If a voter =s disability precludes the voter from performing any of the requirements of (D) of this section, the representative may perform those requirements, except making the voting decision, on the voter =s behalf. G. A candidate for office, the voter =s employer, an agent of the voter =s employer, or an officer or agent of the voter =s union may not act as a representative for the voter. (Ord. 2002 -11 ' 5, 2002; Ord. 90 -07 ' 2,4, 1990; Ord. 86 -22 -0 ' 2(part), 1986). 7 -19 7.50.040 (KIB 03/05) Supp. #41 7.50.050 -- 7.50.060 7.50.050 Absentee voting - -By mail. A. Any person may apply for an absentee ballot by mail or by electronic transmission if received by the clerk not more than six (6) months nor less than seven (7) days before an election. The application shall include the address to which the absentee ballot shall be returned and the applicant's full Alaska residence address and signature. B. After receipt of an application by mail, the clerk shall send the absentee ballot and other absentee voting material to the applicant by at least first class mail. The materials shall be sent as soon as they are ready for distribution. There shall be a small blank envelope and a return envelope addressed to the clerk supplied to each absentee by mail voter. The return envelope shall have printed upon it an affidavit by which the voter shall declare their qualification to vote, followed by a provision for attestation by an official authorized to administer an oath or two (2) witnesses over the age of eighteen (18). C. Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public, other person qualified to administer oaths, or two (2) persons over the age of eighteen (18) years, may proceed to mark the ballot in secret, place the ballot in the small envelope, place the small envelope in the larger envelope, and sign the voter =s certificate on the back of the larger envelope in the presence of the witness who shall sign as attesting official and shall date his signature. D. An absentee ballot must be marked and attested on or before the date of the election. If the voter returns the ballot by mail, he shall use the most expeditious mail service and mail the ballot not later than the day of the election to the clerk. It must be postmarked on or before midnight of election day and received by the clerk no later than one (1) week, seven (7) calendar days, to the close of business following the election. Ballot envelopes received after that time shall not be opened but shall be marked Ainvalid @, with the date of receipt noted thereon, and shall be preserved as set by the records retention schedule resolution. (Ord. 2002 -11 ' 6, 2002; Ord. 95 -01 ' 2(part), 1995; Ord. 93 -60 ' 2, 1993; Ord. 90 -07 ' 3, 1990; Ord. 88 -05 -0 ' 3, 1988; O4rd. 86 -22 -0 ' 2(part), 1986). 7.50.060 Designation of absentee voting officials. The clerk may appoint city clerks or registrars listed with the state to act as absentee voting officials. The clerk shall supply adequate voting supplies and ballots to the city clerks or registrars who shall serve as absentee voting stations. (Ord. 86 -22 -0 ' 2(part), 1986). 7 -20 (KIB 03/05) Supp. #41 Sections: 7.60.010 Election pamphlet. Chapter 7.60 ELECTION PAMPHLET 7.60.010 Election pamphlet. A. Before each regular and special election, the borough clerk shall prepare, publish, and mail an election pamphlet to every registered voter household within the borough. B. Each election pamphlet shall contain: 1. a map of the election precincts; 2. sample ballots; 3. an absentee ballot application; 4. for each ballot proposition submitted to the voters by initiative or referendum petition or by the assembly: a. the full text of the proposition specifying ordinances proposed to be affected; b. the ballot title and the summary of the proposition prepared by the administration or the clerk; and c. a summary of statements submitted by proponents and opponents of each proposition; 5. for each bond question, a statement of the scope of each project; and 6. additional information on voting procedures that the clerk considers necessary. C. There is no charge for statements advocating approval or rejection of a proposition submitted to the voters for approval. D. Material in the election pamphlet shall be organized to the extent possible in the same manner and form in which it will appear on the ballot. The decision of the clerk on the form of the material is final. E. Not less than twenty (20) days before the election, the clerk shall mail to every registered voter household one (1) copy of the pamphlet. Additional pamphlets may be obtained from the borough offices. (Ord. 93 -60 ' 3, 1993; Ord. 86 -22 -0 ' 2(part), 1986). 7 -21 7.60.010 (KIB 03/05) Supp. #41 Sections: 7.70.010 7.70.020 7.70.030 7.70.040 7.70.050 7.70.060 7.70.070 7.70.080 Conduct of election by mail. Election date. Election judges. Notification to voters. Notice of election. Voter instructions. Casting ballots. Storing ballots. Chapter 7.70 ELECTIONS BY MAIL 7.70.010 Conduct of election by mail. A. The clerk may conduct an election by mail if it is held at a time other than when the regular borough election is held. B. If the clerk conducts an election under subsection (A) of this section by mail, the clerk shall send a ballot for each election described in subsection (A) of this section to each person whose name appears on the official registration list prepared under AS 15.07.125 for that election. The ballot shall be sent to the address stated on the official registration list unless the voter has notified the clerk in writing of a different address to which the ballot should be sent. The clerk shall send ballots by first class, non - forwardable mail. C. If the clerk conducts an election under subsection (A) of this section by mail, the clerk shall mail ballots under this section on or before the 22nd day before the election. D. The clerk shall review ballots voted under this section under procedures established for the review of absentee ballots. E. There shall be a small blank envelope and a return envelope supplied to each by -mail voter. The return envelope shall have printed upon it an affidavit by which the voter shall declare his qualification to vote, followed by provision for attestation by two (2) attesting witnesses, who are at least eighteen (18) years of age. (Ord. 90 -07 ' 5(part), 1990). 7.70.020 Election date. When the clerk determines that an election will be conducted by mail under section 7.70.010 of this chapter, the notice of election calling for the election must state that the election is to be conducted by mail and that there will be no polling place open for regular in- person voting on election day. In a by -mail election, election day will be the date designated by the clerk as the deadline by which a voter's ballot must be voted, witnessed, mailed, and, if postmarked, date stamped by the post office. (Ord. 90 -07 ' 5(part), 1990). 7 -22 7.70.010 -- 7.70.020 (KIB 03/05) Supp. #41 7.70.030 -- 7.70.040 7.70.030 Election judges. In each election conducted by mail, the assembly shall appoint an election board composed of at least three (3) judges for each precinct in which the election is to be held. In the precincts of Akhiok, Cape Chiniak, Karluk, Larsen Bay, Old Harbor, Ouzinkie and Port Lions, at least one (1) election judge for each precinct shall be available for at least fifteen (15) days preceding the election and on election day, at the hours and location specified by the clerk. For the precincts of Flats, Kodiak No.1, Kodiak No. 2, Kodiak No. 3 and Mission Road, at least one (1) election judge shall be available for at least fifteen (15) days preceding the election and on election day, at the hours and location specified by the clerk. The clerk shall supply adequate voting supplies and ballots to the election judges. All election judges, before entering upon their duties must subscribe to the oath required of all public officers by the Constitution of the state in the manner prescribed by the clerk. The duties of the election judge shall be as follows: A. Provide absentee voting in person on any date the election judges are available, including the day of the election, following the procedures in section 7.50.030 of this title and absentee voting through a personal representative on any date the election judges are available, including the day of the election, following the procedures in section 7.50.040 of this title and have until the day of the election to return ballots. B. Sign a voter's by -mail oath and affidavit envelope as an authorized attesting official, except that the judge may not attest his or her own ballot. C. Accept receipt of a by -mail voter's hand - delivered voted ballot, which has been sworn to, attested and sealed in the by -mail return envelope. D. Provide general voter assistance including, but not limited to, assistance to a qualified voter who cannot read, mark the ballot, or sign his name, and providing replacement ballots to voters who have improperly marked or damaged their ballots. E. Date -stamp all ballots received by the election judges at their stations. F. Provide for the security and safekeeping of all ballots received by the election judges at their stations and present those ballots to the clerk for canvassing. G. The election judges for the precincts of Flats, Kodiak No. 1, Kodiak No. 2, Kodiak No. 3 and Mission Road shall receive and date -stamp ballots delivered by the United States Postal Service and present those ballots to the clerk for canvassing. H. Any other duties assigned by the clerk. (Ord. 90 -07 ' 5(part), 1990). 7.70.040 Notification to voters. In addition to the public notice required by section 7.10.060 of this title, the clerk shall send to each voter whose name appears on the official register advance notice of the election at the mailing address stated in the voter's current registration record. The notice will be sent before ballots are mailed, and will include: A. The date of the election. B. Disclosure that the election will be conducted by mail and that no polling place will be available for regular in- person voting on election day. C. Designation of the offices to which candidates are to be nominated or elected, and a statement of the subject of the propositions and questions that are to appear on the ballot. 7 -23 (KIB 03/05) Supp. #41 7.70.040 -- 7.70.080 D. Designation of the date on which ballots are expected to be mailed to the voters. E. Designation of the dates upon which a voter who may not have received a ballot can present himself to the by -mail official and vote in person as specified in section 7.70.030 of this chapter. F. A listing of appointed by -mail officials and their hours and locations, and the services they can provide. G. A statement of when the ballots may be voted, and the date upon which the ballot must be postmarked and received by the clerk or received by the by -mail voting official as specified in section 7.70.030 of this chapter in order to qualify for inclusion in the election tabulation. H. Brief general instructions on how the ballots must be voted and how the oath and affidavit envelope must be completed. (Ord. 90 -07 ' 5(part), 1990). 7.70.050 Notice of election. For each election conducted by mail, the public notice posted in each precinct and the notice published in newspapers of general circulation in the area of the election jurisdiction will include the information specified in section 7.70.040 of this chapter. (Ord. 90 -07 ' 5(part), 1990). 7.70.060 Voter instructions. Specific instructions for voting a by -mail ballot and a list of the appointed by -mail officials, their hours and locations, will be mailed to each voter with the ballot. (Ord. 90 -07 ' 5(part), 1990). 7.70.070 Casting ballots. A. Upon receipt of a mail -in ballot, the voter shall cast his ballot in the manner specified in subsections 7.50.050(C) and (D) of this title. If the ballot is cast in the clerk's office, the clerk shall retain it for delivery to the canvas board. If the ballot is cast in another location, the voter shall return it by -mail to the clerk immediately for delivery to the canvas board. B. A voter who does not receive a mail -in ballot may cast his ballot in person as specified in section 7.70.030 of this chapter. C. A voter may return the mail -in ballot to a by -mail official as provided in section 7.70.030 of this chapter. (Ord. 90 -07 ' 5(part), 1990). 7.70.080 Storing ballots. The clerk shall provide for the secure storage of the mail -in ballots received from the voters and by -mail officials until the date set by the clerk for the counting of the ballots. (Ord. 90 -07 ' 5(part), 1990). 7 -24 (KIB 03/05) Supp. #41 7 -25 (KIB 03/05) Supp. #41