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2009-04-02 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, April 2, 2009, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk () are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. APPROVAL OF MINUTES N� �1r A. *Regular Meeting Minutes of c , 2009 and Special Meeting Minutes of March 12, 2009 6. AWARDS AND PRESENTATIONS A. Student of the Month B. Kodiak Beautification Awards Business C. Proclamation — Sexual Assault Awareness Month D. Proclamation — Child Abuse Prevention Month 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance FY2009 -01 D Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. Contracts 1. Contract No. FY2009 -16 with Dowland Construction, Inc. of Anchorage, AK for the Construction of the Bayside Fire Station Addition. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Pape 1 of 2 C. Ordinances for Introduction — None D. Other Items 1. Confirmation of Assembly Appointment to the Board of Equalization. 2. *Declaring a Seat on the Parks and Recreation Committee Vacant. 3. *Approval of Revised Planning and Zoning Commission By -Laws. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT B. Resolutions 1. Resolution No. FY2009 -25 Authorizing Fire Protection Area No. 1 to Borrow Funds from the Facility Fund to Complete the Bayside Fire Hall Addition. 2. Resolution No. FY2009 -26 Approving the Village of Karluk and its Native Village Council to Participate in the FY2010 Community Revenue Sharing Program. 3. *Resolution No. FY2009 -27 Participating in the AML /JIA Loss Control Incentive Program. 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Fire Protection Area No. 1 Board Meeting Minutes of October 21, 2008. 2. Monashka Bay Road Service Area Board Meeting Minutes of September 17, and November 19, 2008. 3. Parks and Recreation Committee Regular Meeting Minutes of January 13, and February 24, 2009. 4. Planning and Zoning Commission Regular Meeting Minutes of February 25, 2009. B. Reports 1. Kodiak Island Borough March 2009 Financial Report Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, April 2, 2009, 7:30 p.m., Assembly Chambers APPROVAL OF MINUTES A. *Regular Meeting Minutes of March 5, 2009 and Special Meeting Minutes of March 12, 2009 6. AWARDS AND PRESENTATIONS A. Student of the Month -- rc B. Kodiak Beautification Awards — Business C. Proclamation — Sexual Assault Awareness Month D. Proclamation — Child Abuse Prevention Month 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS PUBLIC HEARING A. Ordinance FY2009 -01 D Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. Contracts 1. Contract No. FY2009 -16 with Dowland Construction, Inc. of Anchorage, AK for the Construction of the Bayside Fire Station Addition. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 B. Resolutions 1. Resolution No. FY2009 -25 Authorizing Fire Protection Area No. 1 to Borrow Funds from the Facility Fund to Complete the Bayside Fire Station Addition. 2. Resolution No. FY2009 -26 Approving the Village of Karluk and its Native Village Council to Participate in the FY2010 Community Revenue Sharing Program. . *Resolution No. FY2009 -27 Participating in the AML /JIA Loss Control Incentive Program. 4. Resolution No. FY2009 -28 Supporting the Alaska Commission on Aging 2009 Priorities and Urging the Alaska Legislature to Implement These Priorities. C. Ordinances for Introduction 1. Ordinance No. FY2009 -19 Amending the Kodiak Island Borough Code of Ordinances Title 7 Elections. D. Other Items 1. Confirmation of Assembly Appointment to the Board of Equalization. 2. *Declaring a Seat on the Parks and Recreation Committee Vacant. 3. *Approval of Revised Planning and Zoning Commission By -Laws. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Fire Protection Area No. 1 Board Meeting Minutes of October 21, 2008. 2. Monashka Bay Road Service Area Board Meeting Minutes of September 17, and November 19, 2008. 3. Parks and Recreation Committee Regular Meeting Minutes of January 13, and February 24, 2009. 4. Planning and Zoning Commission Regular Meeting Minutes of February 25, 2009. B. Reports 1. V `— . • :• •.. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 APPROVAL OF MINUTES — None. KODIAK ISLAND BOROUGH Assembly Regular Meeting March 5, 2009 APPROVAL OF AGENDA AND CONSENT AGENDA Bud Cassidy urged the Assembly to adopt Resolution No. FY2009 -21. A regular meeting of the Kodiak Island Borough Assembly was held Thursday, March 5, 2009 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Pat Branson, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Borough Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. BRANSON moved to approve the agenda and consent agenda as submitted. FRIEND moved to amend the agenda and consent agenda by removing Other Items 13.D.2 Declaring a Seat Vacant on the Architectural /Engineering Review Board. Mr. Brent Watkins called the Clerk's office on Monday, March 2, 2009 stating he had reconsidered his decision to resign from the Architectural /Engineering Review Board and requested that his resignation letter be pulled. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA AND CONSENT AGENDA CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. AWARDS AND PRESENTATIONS Mayor Selby presented the March 2009 Student of the Month Award to Garett J. Peterson, a junior at Old Harbor School. Mayor Selby proclaimed the month of March 2008 as "Women's History Month" urging residents to increase their knowledge and appreciation of the valuable role women play in our lives. CITIZENS' COMMENTS Kirk Rasmussen asked for clarification on who would be allowed to speak as appellants in the Appeal to the Assembly. He referred to the appeal letter that was received by the Clerk's office. Mayor Selby clarified that the appellants were Solveig Christenson and Randy Schick; others would speak as persons supporting the appeal. Emil Norton, Senior Citizens of Kodiak Board Member spoke on behalf of the senior community and gave an update on the Kodiak Senior Center. He asked for an increase in funding for next year's budget. Kodiak Island Borough Assembly Minutes March 5, 2009 Page 1 Trevor Jones thanked the Assembly for its support of the Kodiak Baptist Mission Food Bank. He reported that February was a record setting month and that services had been extended to three remote villages. The Food Bank was striving to eventually reach everyone around the island. COMMITTEE REPORTS Assembly member Friend reported that the Architectural /Engineering Review Board (ARB) had held two meetings where it reviewed and approved the different level of drawings for various projects. He spoke on the conditions and options of the Larsen Bay School roof. Assembly member Lynch reported that the Solid Waste Advisory Board (SWAB) had reviewed the Solid Waste and Recycling Collection Services RFP. SWAB would be taking and reviewing comments on the RFP. The deadline to present comments was March 20, 2009. Assembly member Jeffrey reported that the Kodiak Fisheries Advisory Committee (KFAC) would meet Tuesday, March 25, 2009 at 9 a.m. at the Kodiak College. PUBLIC HEARING A. Ordinance No. FY2009 -15 Rezoning Lots 20, 21, and 22 Of U.S. Survey 3098 From B- Business To PL- Public Use Lands. BRANSON moved to adopt Ordinance No. FY2009 -15. The Kodiak Police Department outgrew both the existing facility and the location site. The City went through an extensive site selection process before acquiring the Tots that comprised the rezone area to construct a community jail, police station, and emergency operations center. The zoning of these parcels located on Mill Bay Road was B- Business. The zoning district was thought to be inappropriate for this public facility as police stations and jails were not identified as either a permitted use or conditional use in the Business District. The Planning and Zoning Commission initiated a rezoning of this site to the PL— Public Use Lands Zoning district which they felt would be more appropriate. After holding a public meeting on January 21, 2009 the Commission unanimously approved recommending to the Borough Assembly that these parcels be rezoned from B- Business to PL- Public Use. Mayor Selby opened the public hearing. Seeing and hearing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. B. Ordinance No. FY2009 -16 Amending Kodiak Island Borough Code of Ordinances by Renaming Title 12 Streets and Sidewalks to Title 12 Naming Buildings, Public Facilities, Streets and Sidewalks and Creating Chapter 12.15 Buildings, Other Fixed Facilities and Public Places. FRIEND moved to adopt Ordinance No. FY2009 -16. The ordinance was drafted in response to an Assembly request to research policies and procedures of other municipalities regarding naming buildings, public facilities, etc. The Borough did not have an established code to handle such requests. The ordinance was also reviewed by the Borough Attorney for compliance and found that the Borough had the power to establish such policies and procedures under AS 29.35.010 (8) and AS 29.35.410. Kodiak Island Borough Assembly Minutes March 5, 2009 Page 2 Mayor Selby opened the public hearing. Seeing and hearing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. C. Ordinance No. FY2009 -17 Amending the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel by Adding Chapter 2.150 Fisheries and Oceanic Research Board and Amending Chapter 2.100 Boards, Committees, and Commissions Section 2.100.010 Board, Committee, and Commission Members Subject to This Chapter. JEFFREY moved to adopt Ordinance No. FY2009 -17. The ordinance was requested by Assembly member Jeffrey to create a Fisheries and Oceanic Research Board. The powers and duties of the board were described as: A. Shall assist in identifying creative and workable opportunities to augment Kodiak's fisheries and oceanic research sector. B. Serve in an advisory capacity to the Mayor and Assembly on matters affecting the research capabilities in Kodiak, which meets the needs, desires, and goals of the Assembly as stated in the Strategic Plan for 2009 -2013. C. Provide for balanced consideration and representation of the viewpoints, problems, and issues regarding development of Kodiak's fisheries and oceanic research sector. D. Provide a forum for decision - making in development of specific projects that support Kodiak's fisheries and oceanic research sector. E. Identify goals, policies, and procedures to help the Assembly educate the public and state and federal officials about ongoing fisheries and oceanic research programs based in Kodiak. Mayor Selby opened the public hearing. Seeing and hearing none, he closed the public hearing. Assembly member Jeffrey stated that the board was a result of communication and collaboration between the University, State, and community at large for improving the research sector of the fishing industry. JEFFREY moved to amend Ordinance No. FY2009 -17 by changing the sixth Whereas, striking out "second" so that it reads, "Alaska's fishing industry is the largest private sector employer in the state with the state's subsistence, sports, and commercial fishing industries contributing significantly to the state economy." ROLL CALL VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. D. Ordinance No. FY2009 -18 Rezoning Tract A, U.S. Survey 4964 From C- Conservation To RR2 -Rural Residential Two. JEFFREY moved to adopt Ordinance No. FY2009 -18. Omar Stratman decided to subdivide Northland Ranch by using the "Conservation Subdivision" method, which would leave a third of the parcel undeveloped in green /open space as an amenity for residents of the subdivision, but would request a higher density of development in the areas scheduled for improvements. Because of this approach, staff suggested that Mr. Kodiak Island Borough Assembly Minutes March 5, 2009 Page 3 Stratman first request a change of zoning and a subdivision survey would be submitted at a later date. The Planning and Zoning Commission reviewed the following three requests for rezoning: 1. Rezone of a majority of Tract A from C- Conservation to RR2 -Rural Residential Two; 2. Rezone a minority of Tract A from C- Conservation to RNC Rural Neighborhood Commercial (at the intersection of Chiniak Highway and Pasagshak Road); and 3. Rezone of Lot 7 Northland Ranch Subdivision from C- Conservation to RR2 - Rural Residential Two. The Commission held a public meeting in January and as a result approved the first request to rezone the majority of Tract A to RR2 —Rural Residential Two, but failed to approve the request to rezone Lot 7 to Rural Residential Two and failed to rezone a minority portion of Tract A from C- Conservation to RNC -Rural Neighborhood Commercial feeling that there were currently 35 acres of undeveloped RNC zoned property in Kalsin Bay with the ability to be subdivided down to two -acre parcels and additional RNC zoned land was not warranted at the time. Mayor Selby opened the public hearing. The following spoke in favor of the rezone: Craig Stratman, Chris Flickinger, Jason Wood, Marie Rice, Tony Pirak, and a letter by Richard Wood in support of the rezone was read into the record by the Clerk. Bob Happ was not in favor of the rezone because he felt it conflicted with the Borough's Comprehensive Plan. Omar Stratman gave clarification of the reasons why he was pursuing the subdivision. Assembly members agreed that the rezone would help maximize options for future development and spoke on planned development being a good change for the community. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • An email regarding the North Star Elementary School safe access options and information had been provided to the Assembly. • Governor Palin had submitted a FY2009 Federal Economic Stimulus Supplemental bill to the Legislature that requested authorization for various projects. Included was a request to repave Rezanof Drive for $10 million. • A status update was given on the various construction projects: o the New Kodiak Pool was approximately 60% complete with completion scheduled for August. o Kodiak Middle School Seismic Upgrade Phase II -B would begin in the summer. o Ouzinkie Gym Renovation and Seismic Upgrade — The seismic portion of the project was completed; the gym addition was scheduled for completion in March . o Community Health Clinic project was over 70% complete with scheduled completion in June. o Bayside Fire Hall Addition construction was scheduled to begin in April and completed by November. Kodiak Island Borough Assembly Minutes March 5, 2009 Page 4 o 95% drawings for the East Elementary Windows Seismic Upgrade and HVAC Upgrade were reviewed by the ARB. Construction was planned for June 2009 with completion later in the year. • Draft Solid Waste and Recycling Collections Services RFP was available for comment and was viewable on the website. The RFP had been provided to the Mayor, Assembly, SWAB, and potential contractors. Questions and comments were to be directed to Environmental Specialist Tracy Mitchell. The deadline for comments was March 20, 2009. • A special meeting of the Assembly was called in conjunction with the scheduled work session on March 12, 2009, to discuss a resolution to reduce the interest rate for the bonds the Borough was attempting to refund. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby wished Mr. Steve Kreber a happy birthday. UNFINISHED BUSINESS — None. NEW BUSINESS Contracts — None. Resolutions 1. Resolution No. FY2009 -21 Supporting the Legislative Amendments Proposed in HB -74 and SB -4 to Restore Certain Checks and Balances to the Alaska Coastal Management Program (ACMP) That Favor the Meaningful Participation of Local Communities and Coastal Districts in the Project Review Process. BRANSON moved to adopt Resolution No. FY2009 -21. HB74 and SB4 were companion bills that would amend Alaska Statutes pertaining to the Alaska Coastal Management Program (ACMP). The bills would largely preserve the structure of the program within the Alaska Department of Natural Resources and would create a nine member Coastal Policy Board to review coastal district grant applications, approve district plan enforceable policies, and to adopt coastal district plans at the state level. The amendments would also allow the districts to have more meaningful plan policies to address resource and environmental concerns which coastal districts do not regulate, but which hold great importance at the local coastal community level in terms of economics, culture, recreation, etc. The bills would restore subsistence use of animal and vegetative resources as a use of state concern in the context of coastal planning and policy making. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. 2. Resolution No. FY2009 -22 Supporting Senior Citizens of Kodiak, Inc. Sprinkler System Replacement Project. This item was approved under the consent agenda. The resolution was requested by Assembly member Branson to present to the legislature to show community support for the project mentioned. Senior Citizens of Kodiak, Inc. (SCOK) requested the amount of $12,256 from the Department of Commerce, Community, and Economic Development which would complete the upgrades Kodiak Island Borough Assembly Minutes March 5, 2009 Page 5 and replacement of all the sprinkler systems pipes in the 24- year -old multi -use senior center and SCOK had $8,294 in other combined funds to complete the project. Ordinances for Introduction — None. Other Items 1. APPEAL TO THE ASSEMBLY An Appeal of the Planning and Zoning Commission's Decision to AFFIRM the Community Development Department Director's Decision Approving an Abbreviated Plat to Re- Subdivide Lots 12B -1 And 13C -1, Block 1, Miller Point Alaska Subdivision, 2 Addition Creating Lots 12C, 12D, And 13D, Block 1, Miller Point Alaska Subdivision, 2 Addition. The Locations are 4296 and 4304 Cliffside Road and the Zoning is R2 -Two Family Residential (Case 09 -007). Appellants: Solveig Christenson and Randy Schick. Mayor Selby announced that sixteen appeal notices were mailed and returned written comments were provided to the Assembly. Mayor Selby announced that the Assembly would decide the appeal upon the appeal record and the written and oral argument presented on the appeal. At the hearing before the Assembly, only persons who had submitted written argument on the appeal, or testified before the Commission, or submitted written comments to the Commission were allowed to present oral argument. He outlined the order of the oral argument and announced that rebuttal would be limited to new evidence and testimony brought forward during private persons' comments. Mayor Selby also noted that failure to observe the above procedures in the hearing would not affect the validity of the decision as long as the appellant had a reasonable opportunity to be heard. Mayor Selby announced that the following persons would be allowed to present oral argument on the appeal: Persons who have submitted written argument on the appeal: Karen Lee Peter Danelski Michael and Peggy Rasmussen Karren Rasmussen Randall Schick Testified before the Commission: Randy Schick Lynn Furin Kirk Rasmussen Stacy Studebaker Solveig Christenson Mike Sirofchuck Submitted written comments to the Commission: Debra Neilsen Randy Schick Mike Sirofchuck Stacy Studebaker Michael Rasmussen Lynn Furin Kirk Rasmussen Alice & Mel LeVan Rod Kiefer Peter Danelski Leon Francisco Mary Fiorentino Karen Lee Jeffrey Veltri Neal French Kodiak Island Borough Assembly Minutes March 5, 2009 Page 6 The order of oral argument was held as follows: 1. Borough staff: 10 minutes - Community Development Director Bud Cassidy Community Development (CDD) Director Cassidy provided information on the abbreviated plat process explaining that it was an administrative process if the matter was simple in nature and was not required to go before the Planning and Zoning Commission. CDD Director Cassidy explained that he adhered to KIBC 16.30 Abbreviated Plat and KIBC 16.40 Preliminary Plat for the process on which he judged whether the plat in question met the abbreviated plat requirements or not, and when it was determined that it did meet the requirements he was authorized to approve Mr. Rasmussen's abbreviated plat. The requirements were strict and not open to interpretation. KIBC 16.40.050 Lot design and improvements — Required procedure stipulated that due deference be given when considering the "neighborhood character". The area was zoned R2 -Two Family Residential District in 1967 and the provisions for the R2 code still existed, and residents made investments in the neighborhood based on the zoning and what was allowed by the code. Assembly member Fulp questioned the driveway routes of the two properties in question. CDD Director Cassidy explained the process. 2. Appellant: 10 minutes - Solveig Christenson and Randy Schick Ms. Solveig Christenson referred to the appeal letter to CDD Director Cassidy on page 70 of the Assembly appeal packet, stating that their appeal was based on KIBC 16.40.050.A.4 and 16.40.050.A.1. Ms. Christenson explained that it was the desire of the residents to maintain the character of the neighborhood and noted photos in the appeal packet that reflected the neighborhood character. She stated that she received Mr. Rasmussen's application letter on July 8, 2008. From the outset the residents opposed the application however the preliminary plat approval process allowed for no public comment. Neighborhood concern on the matter led to the Planning and Zoning Commission to hold a public hearing regarding approval of the plat. At the public hearing, testimony was in favor of the appeal. The appellants felt that the neighborhood was built up as much as possible and they were not interested in having rental units in a single family neighborhood. Ms. Christenson was interested in a variance for the lot but did not support the lot being subdivided into smaller parcels. She spoke on the need for a better zoning code. 3. Private persons supporting the appeal: 10 minutes Mike Sirofchuck was opposed to the abbreviated plat and felt that it did not meet the character of the neighborhood. He supported a variance but not subdividing the property. Lynn Furin spoke in support of the appeal. 4. Private persons opposing the appeal: 10 minutes Kirk Rasmussen urged the Assembly to reject the appeal because the character of the neighborhood allowed for future development. Karen Lee spoke in favor of the subdivision and against the appeal. Karren Rasmussen spoke in opposition of the appeal and stated that the subdivision was created for future development. Kodiak Island Borough Assembly Minutes March 5, 2009 Page 7 5. Appellant, for rebuttal: 10 minutes - Solveig Christenson and Randy Schick Solveig Christenson urged the Assembly to protect the neighborhood's characteristics by supporting the appeal. She stated that the residents were attempting to preserve green space in the neighborhood and would like to see responsible development in the subdivision in order to retain desirable properties in the area. Randy Schick urged the Assembly to support the appeal. Assembly member Jeffrey asked CDD Director Cassidy to clarify concerns expressed by Commissioner Brent Watkins regarding the approval of a plat that would make two non- compliant lots. CDD Director Cassidy explained that Commissioner Watkins' comments were in error at the time of the Planning and Zoning meeting and stated that the lots in question were in compliance. He alerted the Assembly that Mr. Rasmussen's plats had not been signed but were ready to be. FRIEND moved to affirm in whole the Planning and Zoning Commission's Decision to AFFIRM the Community Development Department Director's Decision Approving an Abbreviated Plat to Re- Subdivide Lots 12B -1 And 13C -1, Block 1, Miller Point Alaska Subdivision, 2 Addition Creating Lots 12C, 12D, And 13D, Block 1, Miller Point Alaska Subdivision, 2 Addition. The Locations are 4296 and 4304 Cliffside Road and the Zoning is R2 -Two Family Residential (Case 09 -007). Appellants: Solveig Christenson and Randy Schick. Assembly members agreed that the properties were in compliance and supported upholding the Borough code. Mayor Selby handed the gavel over to Deputy Presiding Officer Branson at 10 p.m. and departed the meeting for personal travel. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Branson, Friend, Jeffrey, Kaplan, Lynch, and Stutes (Ayes); Fulp (No). STUTES moved to postpone the Findings -of -Fact of the Borough Assembly on the Planning and Zoning Commission's Decision to AFFIRM the Community Development Department Director's Decision Approving an Abbreviated Plat to Re- Subdivide Lots 12B -1 And 13C -1, Block 1, Miller Point Alaska Subdivision, 2 Addition Creating Lots 12C, 12D, And 13D, Block 1, Miller Point Alaska Subdivision, 2 Addition. The Locations are 4296 and 4304 Cliffside Road and the Zoning is R2 -Two Family Residential (Case 09 -007) to the next regular meeting of the Assembly. Appellants: Solveig Christenson and Randy Schick. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Stutes, and Branson (Ayes); Fulp (No). CITIZENS' COMMENTS Karen Lee commented on the traffic and road conditions in the Solveig Christenson commented on the parking problems on Clerk with written comments on the appeal. Friend, Jeffrey, Kaplan, Lynch, Miller Point Subdivision. Cliffside road. She provided the Kirk Rasmussen thanked all involved for their assistance during the appeal process. Kodiak Island Borough Assembly Minutes March 5, 2009 Page 8 ASSEMBLY MEMBER COMMENTS For the Record: Assembly member Stutes stated that she understood the Solid Waste and Recycling Collection Services RFP had been made available to interested bidders and again voiced her concerns of the process regarding the handling of the RFP. She noted that the process with Bell and Associates had started out as a study but changed to a plan. In July 2008 she requested clarification from Borough staff on when the study had transformed into a plan and who the authorizing party of the change was, with no response to date. With that in mind, she asked for understanding of the concerns she had regarding the present RFP process and felt it was necessary that it be clearly understood by all and followed accordingly. She understood that the RFP was to be made available to all interested bidders for written comments to be returned to the Borough and would then be collectively reviewed by SWAB and the Assembly without being censored by Borough staff prior to the review. The RFP would then be tailored into a final document and brought before the Assembly prior to being distributed in its final form to bidders. She asked Manager Gifford if she understood the process correctly. Manager Gifford affirmed that the process was for the Assembly to meet with SWAB in a joint work session to review all comments on the RFP received by staff. He felt that it was appropriate for staff to review the comments and from those comments make a recommendation to the Assembly on which ones would be used for the final product. The final RFP would be reviewed by the Assembly prior to its distribution to the public. Assembly member Stutes suggested that Mr. VanDaele and Bell and Associates be invited to the joint work session with SWAB to address bear concerns which had been raised by several members of the community. Assembly member Stutes expressed concern over the predicted lifespan of the landfill which she felt had not been properly addressed. According to Bell and Associates the landfill had a life of approximately six years and with calculated efforts she felt the life of the landfill would only be extended to last an additional six months. According to Bell and Associates' estimations the permitting process for a new landfill would take three to six years. She questioned if the process had been started and if it had not, why? She noted that EPA regulations would not be loosened and the cost for construction of a new landfill would not decrease in the future. For the Record: Assembly member Stutes expressed that she was exceedingly upset about what transpired at the Assembly's regular meeting on February 19, 2009 regarding Mr. Stratman's request for an amicus brief. She expressed her displeasure at the inaction of the Borough Attorney in relation to keeping the Assembly or the Clerk informed and did not understand why it was not disclosed that time had lapsed for the filing of the amicus brief or that the deadline had already passed when Mr. Stratman made his original request. She noted that the Assembly listened to public testimony for hours regarding an issue that had already become a moot point and stated due to the manner in which the matter was handled by the Attorney, valuable time had been wasted. Any ill feelings that were created by the testimony given could have been alleviated by bringing the information forward sooner instead of later during the meeting. She noted the Borough Attorney had been aware of the amicus brief for at least a week prior to the meeting on February 19 which provided ample time to inform the Assembly, Borough Clerk, and the public of the time limitations on the request. Assembly member Stutes issued an apology to the citizens of the community who took the time to testify in front of the Assembly on an issue that was already predetermined. She questioned whether situations like this were the reason why the public hesitated to become involved with other matters. She expressed that the Assembly and citizens should be able to expect a higher standard of performance from the Borough Attorney and hoped that this would be a lesson to all to increase communications so as not to encounter a similar situation in the future. Kodiak Island Borough Assembly Minutes March 5, 2009 Page 9 Assembly member Friend had no comments. Assembly member Fulp commended CCD Director Cassidy and Clerk Javier for their assistance through the appeal process. She felt that there was miscommunication between the Borough and Mr. Schneider (Mr. Stratman's attorney) regarding the untimely filing of the request for the amicus brief. She welcomed visiting students to the Region III basketball tournament and reported that the Alaska Library Association Convention would be held on Saturday, March 14, 2009 at the Kodiak High School Auditorium. Assembly member Jeffrey noted that after years of discussion regarding the solid waste issue she was glad to finally have the RFP available for comments. She was happy that the new Fisheries and Oceanic Research Board was being established. Assembly member Lynch spoke on the Solid Waste Collections RFP stating that there was a timeline in the RFP and she strongly urged that it be followed. She noted that recycling was not the only element to consider regarding increasing the life of the landfill; the Solid Waste Management Plan identified six system elements to reduce the pressure on the landfill. She urged forward movement on the Solid Waste Management Plan and the RFP, and she cautioned straying from the procurement process due to the time limit and complexities of the current collections contract. Assembly member Branson thanked the Assembly for its commendation on her efforts with the Senior Center and encouraged everyone to work through the RFP process. Assembly members congratulated Garett Peterson as Student of the Month, commended Assembly member Branson for her work at the Senior Center, and commended Trevor Jones for his efforts with the Food Bank. Announcements The Assembly would hold a work session and special meeting on Thursday, March 12, 2009 at 7:30 p.m. in the Borough Conference Room. The next Assembly regular meeting was scheduled on Thursday, March 19, 2009 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. The meeting adjourned at 10:30 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes March 5, 2009 Page 10 KODIAK ISLAND BOROUGH Assembly Special Meeting March 12, 2009 A special meeting of the Kodiak Island Borough Assembly was held Thursday, March 12, 2009 in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. Present were Mayor Jerome Selby, Assembly members Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, and Chris Lynch. Staff members present were Manager Rick Gifford, Engineering and Facilities Director Woody Koning, Finance Director Karl Short, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. FRIEND moved to excuse Assembly members Branson and Stutes due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS' COMMENTS — None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING. A. Resolution No. FY2009 -24 Designating the General Obligation Refunding Bonds, 2009 Series A of the Borough, Plus the Portion of the Proceeds of the Alaska Municipal Bond Bank's Reserve Fund Obligations That Are Used With Respect to the Borough, as Qualified Tax Exempt Obligations Under Section 265(b)(3) of the Internal Revenue Code of 1986. FRIEND moved to adopt Resolution No. FY2009 -24. The resolution allows the Borough to take advantage of the American Recovery and Reinvestment Act of 2009 which was signed into law on February 17, 2009. By adopting the resolution, the Borough would be able to sell the 2009 series A bonds at a lower interest rate saving the Borough money. Under the provisions of the Act and the IRS Tax Code, the Borough must declare its intent by resolution of the Assembly that it would issue no more than $30,000,000 of tax - exempt bonds in calendar year 2009. Governmental issuers that have made this designation in 2009 have been able to lower the interest rates on their bond sales by between 0.05% and 0.10 %. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, and Lynch. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, and Friend. The meeting adjourned at 7:35 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes March 12, 2009 Page 1 TITLE: Ordinance No. FY2009-01D Amending Ordinance No. 2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Account For Various Revenues That are Over Budget, Provide for Additional Expenditures, and to Move Funds Between Projects. SUMMARY: This ordinance: o The original FY2009 MIS department budget includes a position for a LAN Administrator which would be better staffed with a MIS Supervisor. o The original FY2009 MIS department budget includes a position for an Operations Supervisor which would be better staffed with a PC Technician 1. o The original FY2009 Community Development Department budget included a position for a Draftsman/Technician position which would be better staffed with a GIS Analyst in the MIS Department. o At a work session, the Assembly expressed a desire to hire a Resource Manager in the Land Sale Fund. o Property tax collections for the General Fund have exceeded its budget by $67,000. o The State temporary fiscal relief payment included $20,200 to be passed on the Village of Karluk. o the Borough wishes to transfer $116,400 to the City of Kodiak for half of the City's cost of an engineering and design contract for Baranof Park Improvement Project o The Borough wishes to transfer $85,000 to the Hospital Capital Improvements Fund to start conceptual planning and design of a new care center. o Federal payment in lieu of taxes is expected to exceed the budget by $500,000. o The raw fish tax collected by the State and shared with the Borough exceeded its budget by $297,000 o Severance taxes on fish are expected to exceed their budget by $200,000. o the Borough needs to transfer $218,000 from the General Fund to the Debt Service Fund that was originally budgeted to be paid for by the Facilities Fund. o The original budget did not include rent on the common areas in the Borough building; and o The Borough needs to expend up to $20,000 in purchase and install a new above ground oil storage tank at the Mental Health Center. o The State has granted the Borough $5,000 to perform planning for safe student access to North Star School through the safe routes to school program. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 2, 2009 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -01D. ITEM NO: 9.A Introduced by: Borough Manager Requested by: Borough Manager 1 Drafted by: Finance Director 2 Introduced: 03/19/2009 Public Hearing: 04/02/2009 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2009-01D 7 8 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 9 AMENDING ORDINANCE NO. 2009 -01 FISCAL YEAR 2009 BUDGET BY 10 AMENDING BUDGETS TO ACCOUNT FOR VARIOUS REVENUES 11 THAT ARE OVER BUDGET, PROVIDE FOR ADDITIONAL EXPENDITURES, 12 AND TO MOVE FUNDS BETWEEN PROJECTS 13 14 WHEREAS, the original FY2009 MIS department budget includes a position for an Operations 15 Supervisor which would be better staffed with a PC Technician 1; and 16 17 WHEREAS, the original FY2009 MIS department budget includes a position for a LAN 18 Administrator which would be better staffed with a MIS Supervisor; and 19 20 WHEREAS, the original FY2009 Community Development Department budget includes a 21 position for a Draftsman/Technician position which would be better staffed with a GIS Analyst in 22 the MIS Department; and 23 24 WHEREAS, at a work session, the Assembly expressed a desire to hire a Resource Manager in 25 the Land Sale Fund; and 26 27 WHEREAS, property tax collections for the General Fund have exceeded their budget by 28 $67,000; and 29 30 WHEREAS, the State temporary fiscal relief payment included $20,200 to be passed on the 31 Village of Karluk; and 32 33 WHEREAS, the Borough wishes to transfer $116,400 to the City of Kodiak for half of the City's 34 cost of an engineering and design contract for Baranof Park Improvement Project; and 35 36 WHEREAS, the Borough wishes to transfer $85,000 to the Hospital Capital Improvements 37 Fund to start conceptual planning and design of a new care center; and 38 39 WHEREAS, federal payment in lieu of taxes is expected to exceed the budget by $500,000; 40 and 41 42 WHEREAS, the raw fish tax collected by the State and shared with the Borough exceeded its 43 budget by $297,000; and 44 45 WHEREAS, severance taxes on fish are expected to exceed their budget by $200,000; and 46 47 WHEREAS, the Borough needs to transfer $218,000 from the General Fund to the Debt 48 Service Fund that was originally budgeted to be paid for by the Facilities Fund; and 49 50 WHEREAS, the original budget did not include rent on the common areas in the Borough 51 building; and 52 Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 D Page 1 of 10 53 WHEREAS, the Borough needs to expend up to $20,000 to purchase and install a new above 54 ground oil storage tank at the Mental Health Center. 55 56 WHEREAS, the State has granted the Borough $5,000 to perform planning for safe student 57 access to North Star School through the safe routes to school program. 58 59 60 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 61 BOROUGH THAT: 62 63 Section 1: This ordinance is not of a general application and shall not be codified. 64 65 Section 2: The FY2009 budget will be amended per the attached ten page schedule. 66 67 68 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 69 THIS DAY OF 2009 70 71 72 KODIAK ISLAND BOROUGH 73 74 75 76 Jerome M. Selby, Borough Mayor 77 78 ATTEST: 79 80 81 82 Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 D Page 2 of 10 FY0009 -01 C Revised As of Difference Budget 02/28/09 FY0009 -01 D Budget Revised Adjustments Budget Fund 100 General Fund Revenues: Property Tax 9,082,500 9,149,647 (67,147) 101% 67,000 9,149,500 Boat & Motor Vehicle Tax 251,000 176,413 74,587 70% 25,000 276,000 Payment in Lieu of Taxes 813,000 494,803 318,197 61% 500,000 1,313,000 Severance Taxes 1,288,213 843,545 444,668 65% 200,000 1,488,213 Penalties & Int on tax 175,000 97,388 77,612 56% 25,000 200,000 Licenses and Permits 66,250 50,123 16,127 76% 25,000 91,250 Federal Shared Revenue 350,075 2,727 347,348 1% - 350,075 Temporary Fiscal Relief 751,477 777,571 (26,094) 103% 26,000 777,477 Raw Fish Tax 1,000,000 1,297,618 (297,618) 130% 297,000 1,297,000 Raw Fish Tax - Offshore 50,000 - 50,000 0% 50,000 Other State Revenue 26,000 - 26,000 0% 26,000 Fines 500 690 (190) 138% 500 Interest Earnings 300,000 234,959 65,041 78% 300,000 Miscellaneous 25,500 88,870 (63,370) 349% 25,500 Use of Fund Balance 1,383,798 - 1,383,798 0% (634,629) 749,169 Sale of Fixed Assets - 1,569 (1,569) Transfer In - _ Total 15,563,313 13,215,923 2,347,390 85% 530,371 16,093,684 Expenditures: Borough Assembly 186,440 83,772 102,668 45% 186,440 Borough Manager 358,600 241,968 116,632 67% 4,370 362,970 Borough Clerk 414,510 276,882 137,628 67% 28,234 442,744 Borough Attorney 130,000 24,517 105,483 19% - 130,000 Finance Department 691,640 383,656 307,984 55% 13,320 704,960 Management Information Services 588,533 292,854 295,679 50% 13,207 601,740 Assessing Department 440,760 278,999 161,761 63% 8,440 449,200 Engineering/ Facilities Dept 158,715 103,714 55,001 65% 6,478 165,193 Community Development 749,780 355,795 393,985 47% 9,084 758,864 Building Official 147,765 43,189 104,576 29% 6,013 153,778 Economic Development 75,000 32,250 42,750 43% 75,000 General Administration 297,600 161,378 136,222 54% 297,600 Emergency Preparedness 8,800 1,192 7,608 14% 8,800 School District Support 10,783,220 7,461,968 3,321,252 69% 10,783,220 Health and Sanitation 233,000 232,699 301 100% 233,000 Animal Control 82,500 84,125 (1,625) 102% 1,625 84,125 Culture and Recreation 93,000 96,037 (3,037) 103% 136,600 229,600 Coiledge and Libraries 93,000 3,000 90,000 3% - 93,000 Transfers Out 30,450 6,450 24,000 21% 303,000 333,450 Total 15,563,313 10,164,445 5,398,868 65% 530,371 16,093,684 Fund 205 Child Care Assistance Program Revenue 102,048 39,545 62,503 39% 102,048 Expenditures 102,048 33,135 68,913 32% 102,048 Fund 210 Land Sales Revenue 97,771 30,920 66,851 32% 97,771 Expenditures 97,771 13,289 84,482 14% 97,771 Ordinance No. FY2009 -01 D Page 1 Back -up Info Fund 234 L.E.P.C. Revenues LEPC E.O.P. Grant Revenues Fund 240 Womens Bay Road Service Revenues Expenditures Ordinance No. FY2009 -01D Revised As of Difference Budget Revised Budget 02/28/09 % Adjustments Budget Fund 220 Buildings and Grounds Revenues Revenues 438,410 378,031 60,379 86% 438,410 Transfers in 185,000 185,000 100% - 185,000 Use of Fund Balance 89,075 89,075 0% 20,000 109,075 Total Revenues 712,485 563,031 149,454 79% 20,000 732,485 Expenditures _ Borough Building 408,985 235,185 173,800 58% - 408,985 MHC Apartments 10,000 3,436 6,564 34% 20,000 30,000 School Buildings 287,500 245,081 42,419 85% - 287,500 Parks 6,000 5,441 559 91% 6,000 Total Expenditures 712,485 489,143 223,342 69% 20,000 732,485 Fund 230 Coastal Management Revenues 24,000 3,362 20,638 14% 24,000 Expenditures - - CMG Regular 24,000 10,815 13,185 45% 24,000 Total Expenditures 24,000 10,815 13,185 45% 24,000 33,800 33,800 124,057 124,057 4,408 29,392 13% 33,800 0% - 4,408 29,392 13% 33,800 Expenditures - Expenditures -LEPC 33,800 9,573 24,227 28% 33,800 Expenditures -FEMA grant - - 0% Total Expenditures 33,800 9,573 24,227 28% 33,800 136,615 (12,558) 110% 87,319 36,738 70% 124,057 124,057 Fund 242 Service District No. 1 Revenues 269,700 303,081 (33,381) 112% 269,700 Expenditures 269,700 58,979 210,721 22% 269,700 Fund 243 Service Area No. 2 Revenues 100 124 (24) 100 Expenditures 100 100 100 Fund 244 Monaska Bay Road District Revenues 52,590 52,797 (207) 100% 52,590 Expenditures 52,590 38,397 14,193 73% 52,590 Fund 246 Bay View Road Service Area Revenues 5,700 7,182 (1,482) 126% 5,700 Expenditures 5,700 5,480 220 96% 5,700 Fund 250 Fire Protection Area No. 1 Revenues 415,900 445,942 (30,042) 107% 415,900 Expenditures 415,900 177,510 238,390 43% 415,900 Fund 252 Womens Bay Fire Department Revenues 95,980 96,497 (517) 101% 95,980 Expenditures 95,980 32,124 63,856 33% 95,980 Page 2 Back -up Info Revised As of Difference Budget 02/28/09 O A Budget Revised Adjustments Budget Fund 254 KIB Airport Fire District Revenues 13,070 14,387 (1,317) 110% 13,070 Expenditures 13,070 13,003 67 99% 13,070 Fund 260 Woodland Acres Street Lights Revenues 8,420 8,605 (185) 102% 8,420 Expenditures 8,420 3,117 5,303 37% 8,420 Fund 261 Trinity Islands Lighting Dist. Revenues 3,920 3,971 (51) 101% 3,920 Expenditures 3,920 1,084 2,836 28% 3,920 Fund 262 Mission Lake Tide Gate Revenues 3,700 3,935 (235) 106% 3,700 Expenditures 3,700 770 2,930 21% 3,700 Fund 263 Trinity Islands Paving Dist. Revenues 20,060 29,632 (9,572) 148% 20,060 Expenditures 20,060 7,073 12,987 35% 20,060 Fund 275 Kodiak Arts Council Revenues 68,360 43,696 24,664 64% 68,360 Expenditures 68,360 44,279 24,081 65% 68,360 Fund 276 Facilities Fund Revenues 1,890,000 883,096 1,006,904 47% 1,890,000 Expenditures/Transfers Out: Building Insurance 185,000 185,000 100% 185,000 Debt Service 1,150,000 1,150,000 100% (218,000) 932,000 Capital Projects Fund 495 397,540 397,540 100% 397,540 Capital Projects Fund 430 - 0% - Contingencies - 0% 193,410 193,410 Contengencies - inflation proofing 157,460 157,460 0% 24,590 182,050 Total Expenditures 1,890,000 1,732,540 157,460 92% 1,890,000 Fund 277 Tourism Development Revenues 70,980 94,537 (23,557) 133% 70,980 Expenditures 70,980 41,307 29,673 58% 70,980 Fund 290 Fern Fuller Trust Revenues 75,000 11,120 63,880 15% 75,000 Expenditures 75,000 70,664 4,336 94% 75,000 Ordinance No. FY2009 -01 D Page 3 Back -up Info Revised As of Difference Budget Revised Budget 02/28/09 % Adjustments Budget Fund 300 Debt Service Revenues State Debt Reimbursement 2,144,617 1,389,012 755,605 65% 2,144,617 Interest Earnings 10,000 7,901 2,099 79% 10,000 Transfers in General Fund - Education 773,036 763,036 10,000 99% 218,000 991,036 General Fund - Health - - Facilities Fund 1,150,000 1,150,000 100% (218,000) 932,000 Hospital Fund - 0% - Bond Premium Use of fund balance - 0% Total Revenues 4,077,653 3,309,949 767,704 4,077,653 Expenditures Expenditures - School Debt 3,305,550 2,131,770 1,173,780 64% 3,305,550 Expenditures - Hospital Debt 765,500 765,600 (100) 100% 765,500 Expenditures - Karluk Loans 6,603 6,603 0% 6,603 Expenditures -Other Debt - - 0% - Total Expenditures 4,077,653 2,897,370 1,180,283 71% 4,077,653 Fund 310 Debt Service Other Revenues 170,530 170,530 0% 170,530 Expenditures 170,530 170,530 0% 170,530 Ordinance No. FY2009 -01D Page 4 Back -up Info Ordinance No. FY2009 -01 D Capital Projects Fund 410- Borough Capital Projects: Revised As of Difference Budget Revised Budget 02/28/09 % Adjustments Budget Revenues: Interest Earnings 304,898 304,898 0% 304,898 Contributions for BMX track 39,670 39,670 0% 39,670 State Grant 540,508 540,508 0% 5,000 545,508 Miscellaneous - - 0% _ Total Revenues 885,076 885,076 0% 5,000 890,076 Operating Transfers In: - General Fund 541,352 541,352 0% 541,352 Building and Grounds Fund 50,000 50,000 0% 50,000 Bayside Fire Department 448,800 448,800 0% 448,800 Facilities Fund 1,434,384 1,434,384 0% 1,434,384 Fund 310 160,530 160,530 160,530 Fund 420 2,843,751 2,843,751 0% 2,843,751 Total Operating Transfers In 5,478,817 - 5,478,817 0% 5,478,817 Total Revenues 6,363,893 6,363,893 0% 5,000 6,368,893 Projects: 85 Village Metals 150,000 121,257 28,743 81% 150,000 146 BMX Bike Trail 94,670 85,242 9,428 90% 94,670 174 Bayside Storage Addition & Engine Bay 426,800 170,030 256,770 40% 426,800 00102 Bayside Underground Electrical 22,000 - 22,000 0% 22,000 03105 Northstar School road /parking lot design 50,000 29,722 20,278 59% 5,000 55,000 03108 Borough Building Parking Lot 50,000 50,000 0% 50,000 03106 KHS emergency generator 50,000 50,000 0% 50,000 03109 Borough Building air handling penthouse 10,000 10,000 0% 10,000 03110 Borough Building emergency generator 20,000 2,353 17,647 12% 20,000 03120 WB Comm Plan Revision 33,380 22,392 10,988 67% 33,380 05022 KMS Seismic Upgrade 410/523 2,700,000 3,343,687 (643,687) 0% 2,700,000 05023 Peterson Seismic Upgrade 684,259 716,677 (32,418) 105% 684,259 05025 High School Gym Seismic 50,000 5,332 44,668 11% 50,000 06001 Computer Upgrade 114,000 114,000 100% 114,000 07015 High School kitchen floor 12,323 12,323 100% 12,323 07016 R and replacement of culverts at Panamaroff Creek 30,000 - 30,000 0% 30,000 07017 Hospital Solarium 25,000 25,000 - 100% 25,000 07018 HS Pool Repairs 40,000 - 40,000 0% 40,000 08001 Kodiak Middle School Asbestos Abatement 182,000 131,333 50,667 72% 182,000 08002 Main elementary Asbestous abetment 43,000 32,800 10,200 76% 43,000 08003 HS Soil Remediation 497,000 462,176 34,824 93% 497,000 08004 Computer Assisted Mass Appraisal and Collection Prg 400,000 233,050 166,950 58% 400,000 09001 Upgrade to NWS 184,530 36,300 148,230 20% 184,530 Tranfer to Fund 430 390,000 390,000 0% 390,000 Other Projects 104,931 104,931 0% 104,931 Total Borough Projects 6,363,893 5,543,674 820,219 87% 5,000 6,368,893 Page 5 Back -up Info Revised As of Difference Budget Revised Budget 02/28/09 % Adjustments Budget Fund 420 -GO Bond Projects: Revenues: Interest Earnings 3,633,918 3,137,088 496,830 86% 3,633,918 Proceeds from bond 2004A Bond Issue 9,302,760 9,302,760 - 100% 9,302,760 Proceeds from bond 20046 Bond Issue 11,050,000 11,050,000 - 100% 11,050,000 Proceeds from bond 2008 Bond Issue 8,000,000 8,000,000 100% 8,000,000 31,986,678 31,489,848 496,830 98% 31,986,678 Projects: 03119 New Swimming Pool 14,595,000 8,325,172 6,269,828 57% 14,595,000 04101 Old Harbor GymNoc Ed renovation 2,251,134 33,785 2,217,349 2% 2,251,134 04102 Larsen Bay School floor repair 339,883 5,280 334,603 2% 339,883 04103 Ouzinkie Gym renovation 2,933,305 2,212,125 721,180 75% 2,933,305 05002 Evacuation Center earthquake evaluation 500,000 327,272 172,728 65% 500,000 05009 Kodiak Middle School concrete repair 237,918 9,395 228,523 4% 237,918 05010 Kodiak High School asbestos & floor covering 304,704 212,518 92,186 70% 304,704 05011 District -wide floor covering replacement 728,708 616,616 112,092 85% 728,708 05012 Kodiak High School heating and ventilation 250,000 208 249,792 0% 250,000 05013 Kodiak High School insulastion and windows 596,020 4,261 591,759 1% 596,020 05014 Kodiak High School and Middle School roof repair 600,000 1,159,090 (559,090) 193% 600,000 05015 High School Voc ed /classroom reclaimation 4,840,788 173,400 4,667,388 4% 4,840,788 05016 East School heating and ventilation 520,000 127,540 392,460 25% 520,000 05017 Learning Center renovation 27,467 34,819 (7,352) 127% 27,467 KMS Seismic Upgrade, Phase 11 - 0% - Ouzinkie Sprinkler System 330,000 330,000 0% 330,000 Ouzinkie Generator Replacement 88,000 88,000 0% 88,000 Transfers to Project 05022 Fund 410 2,700,000 2,700,000 0% 2,700,000 Transfers to Project 05023 Fund 410 143,751 143,751 0% 143,751 Contingencies - - 0% - 31,986,678 13,241,481 18,745,197 41% 31,986,678 Ordinance No. FY2009 -01D Page 6 Back -up Info Fund 430 -State Capital Grant Projects: Revenues: KIB Waste Management Implementation 1,741,400 1,741,400 0% 1,741,400 Anton Larsen Bay Boat Ramp 560,000 560,000 0% 560,000 Chiniak Grant 20,000 20,000 0% 20,000 ADF &G, fish research 200,000 200,000 0% 200,000 Coastal Impact Program CIAP Grant 189,985 189,985 0% 189,985 Homeland Security 17,733 17,733 0% 17,733 06008 Summit Lake Trail 23,500 23,500 0% 23,500 06007 ADF & G Building Design 1,500,000 1,500,000 0% 1,500,000 2005 Pre Disaster Mitigation Grant 41,724 41,724 0% 41,724 05022 KMS Seismic Upgrade 410/523 938,633 938,633 0% 938,633 05026 HS Library Wing Seismic Retrofit 465,618 465,618 0% 465,618 07001 Area Wide School Equipment and Supplies 70,000 70,000 0% 70,000 07003 Island Lake Trail 48,000 48,000 0% 48,000 07004 Larsen Bay Equipment 70,000 70,000 0% 70,000 07005 Main elementay School Playground Equipment 25,000 25,000 0% 25,000 07006 Port Lions Community Workshop 10,000 10,000 0% 10,000 07008 School Facilities Seismic Repairs 910,000 910,000 0% 910,000 07009 Tsunami Siren, Upgrades & Additions 100,000 100,000 0% 100,000 07010 ADF & G Near Island Facility 500,000 500,000 0% 500,000 07011 Ouzinkie Dock Replacement 570,000 570,000 0% 570,000 07012 Ouzinkie School Seismic Upgrade 308,344 308,344 0% 308,344 East Elementary School Siesmic Upgrade 138,606 138,606 0% 138,606 School District Computer Grant 70,000 70,000 0% 70,000 Emergency Communications and Planing 30,000 30,000 0% 30,000 08007 Kodiak Middle School Playground Equipment 10,000 7,765 2,235 78% 10,000 08006 Area Wide School Supplies and Equipment 130,000 108,517 21,483 83% 130,000 08008 Near Island Fish and Game Building 950,000 950,000 0% 950,000 08011 Non - Structural Seismic Upgrades for Kodiak Schools - ME 132,249 132,249 0% 132,249 08012 Non - Structural Seismic Upgrades for Kodiak Schools- Bra 75,490 75,490 0% 75,490 Transfers in from fund 410 526,350 526,350 0% 526,350 Anton Larson Boat Ramp 60,000 60,000 0% 60,000 Coastal Impact Program 130,000 130,000 0% 130,000 Dingell - Johnson Contribution 140,000 140,000 0% 140,000 Total Revenues 10,702,632 116,282 10,586,350 1% 10,702,632 Projects: 164 KIB Waste Management Implementation 1,741,400 936,714 804,686 54% 1,741,400 177 Anton Larsen Bay Boat Ramp 896,350 877,452 18,898 98% 896,350 02107 ADF &G Research Study 200,000 153,718 46,282 77% 200,000 03114 Coastal Impact Program 319,985 307,471 12,514 96% 319,985 03118 Chiniak Multi-use Grant 20,000 20,000 - 100% 20,000 05019 Homeland Security 17,733 14,430 3,303 81% 17,733 05020 2005 PreDisaster Mitigation Grant 41,724 55,825 (14,101) 134% 41,724 05022 KMS Seismic Upgrade 410/523 938,633 938,633 - 0% 938,633 05026 HS Library Wing Seismic Retrofit 465,618 642,379 (176,761) 138% 465,618 06007 ADF & G Building Design 1,500,000 42,873 1,457,127 3% 1,500,000 06008 Summit Lake Trail 23,500 23,500 - 100% 23,500 07001 Area Wide School Equipment and Supplies 70,000 64,804 5,196 93% 70,000 07003 Island Lake Trail 48,000 3,817 44,183 8% 48,000 07004 Larsen Bay Equipment 70,000 55,259 14,741 79% 70,000 07005 Main elementay School Playground Equipment 25,000 - 25,000 0% 25,000 07006 Port Lions Community Workshop 10,000 3,147 6,853 31% 10,000 07007 School District Computer Grant 70,000 70,000 0% 70,000 07008 School Facilities Seismic Repairs 1,300,000 1,300,000 0% 1,300,000 07009 Tsunami Siren, Upgrades & Additions 100,000 13,914 86,086 14% 100,000 07010 ADF & G Near Island Facility 500,000 - 500,000 0% 500,000 07011 Ouzinkie Dock Replacement 570,000 427,980 142,020 75% 570,000 07012 Ouzinkie School Seismic Upgrade 308,344 318,244 (9,900) 103% 308,344 07014 East Elementary School Siesmic Upgrade 138,606 6,036 132,570 4% 138,606 Emergency Communications and Planing 30,000 30,000 0% 30,000 08007 Kodiak Middle School Playground Equipment 10,000 7,765 2,235 78% 10,000 Ordinance No. FY2009 - 01D Revised As of Difference Budget Revised Budget 02/28/09 % Adjustments Budget Page 7 Back -up Info Revised As of Difference Budget Revised Budget 02/28/09 % Adjustments Budget 08006 Area Wide School Supplies and Equipment 130,000 108,516 21,484 83% - 130,000 08008 Near Island Fish and Game Building 950,000 950,000 0% 950,000 08011 Non - Structural Seismic Upgrades for Kodiak Schools — ME 132,249 132,249 0% 132,249 08012 Non - Structural Seismic Upgrades for Kodiak Schools— Bra 75,490 75,490 0% 75,490 Total Expenditures 10,702,632 5,022,477 5,680,155 47% 10,702,632 Ordinance No. FY2009 -01 D Page 8 Back -up Info Revised As of Difference Budget Revised Budget 02/28/09 % Adjustments Budget Fund 490 Landfill Capital Projects Landfill Closeout/Leachate Treatment 3,000,000 3,000,000 0% 3,000,000 07013 Landfill Lateral Expansion - - 0% - Total Revenues 3,000,000 3,000,000 0% 3,000,000 165 Landfill Closeout/Leachate Treatment 3,000,000 2,854,187 145,813 95% 3,000,000 07013 Landfill Lateral Expansion - - - 0% - Total Expenditures 3,000,000 2,854,187 145,813 95% 3,000,000 Fund 495 Hospital Capital Projects Hospital 700,000 700,000 0% 700,000 Providence 200,000 200,000 0% 200,000 Grant 180,000 180,000 0% 180,000 From Facilities Fund 397,540 0% 397,540 Denali Commission 1,802,347 1,802,347 0% 1,802,347 Rasmusson 750,000 750,000 0% 750,000 Murdock 250,000 250,000 0% 250,000 Denali Match 125,000 125,000 0% 125,000 Kodiak Foundation 30,000 30,000 0% 30,000 Denali ANTHC 125,000 125,000 0% 125,000 USDA Loan 900,000 900,000 0% 900,000 USDA Grant 105,000 105,000 0% 105,000 Providence 281,943 281,943 0% 281,943 General Fund - 0% 85,000 85,000 From Facilities Fund 125,000 125,000 0% 125,000 Total Revenues 5,971,830 5,971,830 0% 85,000 6,056,830 03112 Hospital access and parking, Phase I & II 1,477,540 1,283,222 194,318 87% 1,477,540 05021 CHC architural Engineering _ 125,000 2,980,434 (2,855,434) 2384% 125,000 XXXX Care Center Design - 0% 85,000 85,000 XXXXX Foundation - new clinic 4,087,347 4,087,347 0% - 4,087,347 xxxxx Providence Leasehold Improvement 281,943 281,943 0% 281,943 Total Expenditures 5,971,830 4,263,656 1,708,174 71% 85,000 6,056,830 Fund 530 Solid Waste Collection/Disposal Revenues Waste Collection 2,850,920 1,666,047 1,184,873 58% 2,850,920 Waste Disposal 1,325,085 822,078 503,007 62% 1,325,085 Total Revenues 4,176,005 2,488,125 1,687,880 60% 4,176,005 Expenditures Waste Collection 1,584,200 914,381 669,819 58% 1,584,200 Waste Disposal 2,591,805 1,013,593 1,578,212 39% 2,591,805 Total Expenditures 4,176,005 1,927,974 2,248,031 46% 4,176,005 Fund 540 Hospital Enterprise Fund Revenues: Interest Earnings 5,330 5,409 (79) 5,330 Providence Hospital Lease 720,000 480,000 240,000 67% 720,000 Transfer in from Fern Fuller 66,500 66,500 - 100% 66,500 Use of Retained Earnings 908,692 - 908,692 0% 908,692 Total Revenues 1,700,522 551,909 1,148,613 32% 1,700,522 Expenditures and Transfers: Expenditures 1,700,522 30,701 1,669,821 2% 1,700,522 Total Expenditures 1,700,522 30,701 1,669,821 2% 1,700,522 Fund 555 - Kodiak Fisheries Research Center Revenues 2,122,804 1,166,616 956,188 55% Expenditures Ordinance No. FY2009 -01D 2,122, 804 Page 9 Back -up Info Revised As of Difference Budget Revised Budget 02/28/09 % Adjustments Budget Research Facility 2,084,604 759,191 1,325,413 36% - 2,084,604 Dorm Facility 38,200 17,245 20,955 45% 38,200 2,122,804 776,436 1,346,368 37% 2,122,804 Fund 560 - Telephone 911 Service Revenues 70,320 23,484 46,836 33% 70,320 Expenditures 70,320 2,422 67,898 3% 70,320 Ordinance No. FY2009 -01 D Page 10 Back -up Info TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 2, 2009 REGULAR MEETING ITEM NO: 13.A.1 Contract No. FY2009 -16 with Dowland Construction, Inc. of Anchorage, AK for the Construction of the Bayside Fire Station Addition. SUMMARY: Per KIBC 3.16.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. This contract is for the construction of Bayside Fire Station Addition to be constructed adjacent to the existing Bayside Fire Station. The Construction Documents, Bid Documents, and associated Addenda are available for review on the Borough website. The project is funded by Fire Protection Area No. 1 funds and a loan commitment from the Borough to complete the project. Bids were received in response to the Borough's Invitation to Bid dated February 12, 2009. A Bid Tabulation is attached. The E/F Department has reviewed the bids and recommends that a contract for the Bayside Fire Station Addition be awarded to Dowland Construction, Inc. in an amount not to exceed $1,802,382. This amount includes the Base Bid and Alternates 1, 2, 3 and 4. FISCAL NOTES: Account No.: 410.684.452.150.00174.5 Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: 0 ,1 RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2009 -16 with Dowland Construction, Inc of Anchorage, AK for the construction of the Bayside Fire Station Addition in an amount not to exceed $1,802,382. Alutiiq $ 1,800,000 $ -- 565,822 $ 43,137 $ 15,327 $ 18,921 $ 2,443,207 Diff (Low) $ 551,000 $ 102,345 $ 3,389 $ (25,518) $ 9,609 $ 640,825 % Diff (Low) 144.12% 122.08% 108.52% 37.53% 203.18% 135.55% % Of Est 74% Alaska Pro $ 1,910,546 $ 428,000 ;$ 49,563 $ 70,015 $ 21,340 $ ' 2,479,464 ;' Diff (Low) $ 661,546 $ (35,477) $ 9,815 $ 29,170 $ 12,028 $ 677,082 % Diff (Low) 52.97% - 7.65% 24.69% 71.42% 129.17% 37.57% % Of Est 76% Koht'aene $ 1,458,345 $ 493,674 $ 43,600 $ (32,642) $ 24,987 $ 1,987,964 Diff (Low) $ 209,345 $ 30,197 $ 3,852 $ (73,487) $ 15,675 $ 185,582 % Diff (Low) 16.76% 6.52% 9.69% - 179.92% 168.33% 10.30% % Of Est 61% Janssen $ 1,449,614 $ 542,180 $ 42,438 $ (11,215) $ 14,149 $ -- 2,037,166 Diff (Low) $ 200,614 $ 78,703 $ 2,690 $ (52,060) $ 4,837 $ 234,784 % Diff (Low) 116.06% 116.98% 106.77% - 27.45% 151.93% 113.03% % Of Est 62% Brechan $ 1,500,467 $ ; 514,078 $ 41,919 $ 26,392 $ 21,902 $ - ', 2,104,758 Diff (Low) $ 251,467 $ 50,601 $ 2,171 $ (14,453) $ 12,590 $ 302,376 % Diff (Low) 120.13% 110.92% 105.46% 64.62% 235.18% 116.78% % Of Est 64% Roger Hitkel $ 1,600,000 $ 514,000, $ 42,000 $ 14,000 $ 36,600 $ 2,206,600 Diff (Low) $ 351,000 $ 50,523 $ 2,252 $ (26,845) $ 27,288 $ 404,218 % Diff (Low) 128.10% 110.90% 105.66% 34.27% 393.02% 122.43% % Of Est 67% Wolverine $ 1,687,000 $' 470,000 $ 43,000 $ (2,000) $ 35,000 $ 2,233,000 Diff (Low) $ 438,000 $ 6,523 $ 3,252 $ (42,845) $ 25,688 $ 430,618 % Diff (Low) 135.07% 101.41% 108.18% -4.90% 375.82% 123.89% % Of Est 68% Blazy $ 1,753,000 $ 559,000 $ 47,000 $ (12,000) $ 10,000 $' 2,357,000 Diff (Low) $ 504,000 $ 95,523 $ 7,252 $ (52,845) $ 688 $ 554,618 % Diff (Low) 140.35% 120.61% 118.24% - 29.38% 107.35% 130.77% % Of Est 72% Dowland $ 1,249,000 BASE BI ® ALT. #1 (ADD) ALT. #2 (ADD), ALT, #3 ALT. #4 ` Total No. GENERAL CONTRACTOR In terior Improvements • Spri nkler Sy I Roof Panel Covered Walkway (Base Alts) Dowland $ 1,249,000 $ 463,477 $ 39,748 $ 40,845 $ 9,312 $ ! 1,802,382 % Of Est 55% Kodiak Bayside Fire Station Addition Bid Tabulation Bid Opening: 3/13/09 3:00 PM Estimate $ 3,283,484 Init. 0 A IA Document A101 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the day of (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) Kodiak Island Borough, Municipality Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska, 99615 and the Contractor: (Name, address and other information) for the following Project: (Name, location and detailed description) Kodiak Bayside Fire Station Addition 4606 E. Rezanof Drive, Kodiak, Alaska, 99615 Apparatus Garage Addition to the existing fire hall The Architect: (Name, address and other information) Jensen Yorba Lott Inc., General Corporation 522 W. 10th St. Telephone Number: 907 586 1070 The Owner and Contractor agree as follows. in the year ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary Information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 Tr" -2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A101 TM - 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:20:30 on 02/09/2009 under Order No.1000356040 1 which expires on 6/25/2009, and is not for resale. User Notes: (3330438802) Init. Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be ($ ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Price Units and Limitations Price Per Unit ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than ( ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported AIA Document A101TM — 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 1120:30 on 02/09/2009 under Order No.1000356040_1 which expires on 6/25/2009, and is not for resale. User Notes: (3330438802) Init. ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 -2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201 -2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) per annum Rick Gifford Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska, 99615 Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 Litigation in a court of competent jurisdiction Other (Specify) § 8.3 The Owner's representative: (Name, address and other information) § 8.4 The Contractor's representative: (Name, address and other information) AIA Document A101 TM — 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of thls AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:20:30 on 02/09/2009 under Order No.1000356040 1 which expires on 6/25/2009, and is not for resale. — User Notes: (3330438802) Init. ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201 -2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201- 2007.) Type of insurance or bond Limit of liability or bond amount ($ 0.00) This Agreement entered into as of the day and year first written above. OWNER (Signature) CONTRACTOR (Signature) Rick Gifford, KIB Manager (Printed name and title) (Printed name and title) AIA Document A101 T " - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:20:30 on 02/09/2009 under Order No.1000356040_1 which expires on 6/25/2009, and is not for resale. User Notes: (3330438802) TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 2, 2009 REGULAR MEETING Resolution No. FY2009 -25 Authorizing Fire Protection Area No. 1 to Borrow up to $1,000,000 From the Facilities Fund. SUMMARY: Fire Protection Area No. 1 desires to construct an addition to its fire station for approximately $1,997,275. Fire Protection Area No. 1 has an estimated $1,016,811 in available fund balance. Fire Protection Area No. 1 needs to finance up to $1,000,000. If the Borough was to invest in the open market the Borough could invest one million dollars for ten years at 4.5% interest. This resolution allows Fire Protection Area No. 1 to borrow up to $1,000,000 from the Facilities fund. Fire Protection Area No. 1 10 years at 4.5% interest Payment Beginning Ending Date Balance Principal Interest Balance Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 1, 000, 000.00 918,621.18 833, 580.31 744, 712.60 651,845.85 554, 800.09 453, 387.27 81, 378.82 85, 040.87 88, 867.71 92, 866.75 97, 045.76 101,412.82 105, 976.39 347, 410.88 110, 745.33 236, 665.54 115, 728.87 120, 936.67 120, 936.67 (0.00) 1,000,000.00 APPROVAL FOR AGENDA: 45, 000.00 41, 337.95 37,511.11 33, 512.07 29, 333.06 24, 966.00 20,402.43 15, 633.49 10, 649.95 5,442.15 263, 788.22 918,621 833,580 744,713 651,846 j 554,800 453,387 347,411 236,666 120,937 (0) RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -25. ITEM NO: 13.B.1 1 Introduced by: Manager Gifford 2 Requested by: Fire Protection 3 Area No. 1 Drafted by: Finance Director 4 Short 5 Introduced on: 04/02/2009 6 Adopted on: 7 8 KODIAK ISLAND BOROUGH 9 RESOLUTION NO. FY2009 -25 10 11 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 12 AUTHORIZING FIRE PROTECTION AREA NO. 1 TO BORROW UP TO 13 $1,000,000 FROM THE FACILITIES FUND 14 15 WHEREAS, Fire Protection Area No. 1 desires to construct an addition to the Bayside Fire 16 Station; and 17 18 WHEREAS, the estimated cost of the addition is $1,997,275; and 19 20 WHEREAS, Fire Protection Area No. 1 has an estimated $1,016,811 in available fund balance; 21 and 22 23 WHEREAS, Fire Protection Area No. 1 needs financing up to $1,000,000; and 24 25 WHEREAS, if the Borough was to invest on the open market, the Borough could invest 26 $1,000,000 for ten years at 4.5% interest. 27 28 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH that the Kodiak Island Borough by this resolution, authorizes the loan from the 30 Facilities Fund to Fire Protection Area No. 1 up to $1,000,000 for ten years at 4.5 percent 31 interest. The first payment will be due one year from when the project is complete. 32 33 ADOPTED BY THE ASSEMBLY OF THE KDOIAK ISLAND BOROUGH 34 THIS DAY OF , 2009 35 36 37 KODIAK ISLAND BOROUGH 38 39 40 41 Jerome M. Selby, Borough Mayor 42 43 ATTEST: 44 45 46 47 Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough Resolution No. FY2009 -25 Page 1 of 1 TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 2, 2009 REGULAR MEETING ITEM NO: 13.B.2 Resolution No. FY2009 -26 Approving the Village of Karluk and Its Native Village Council to Participate in the FY2010 Community Revenue Sharing Program. SUMMARY: This resolution identifies Karluk as an unincorporated community that meets the Community Revenue Sharing Program eligibility criteria established under AS 29.60.865, AS 29.60.879 and 3 AAC 180.110. Karluk has more than 25 residents and provides fire protection, emergency medical response, water and sewer, solid waste management, and public road maintenance to its residents. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -26. Introduced by: Manager Gifford Requested by: Karluk Drafted by: Manager Gifford Introduced: 04/02/2009 1 Adopted: 2 3 4 KODIAK ISLAND BOROUGH 5 RESOLUTION NO. FY2009 -26 6 7 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 8 APPROVING THE VILLAGE OF KARLUK AND ITS NATIVE VILLAGE COUNCIL TO 9 PARTICIPATE IN THE FY2010 COMMUNITY REVENUE SHARING PROGRAM 10 11 WHEREAS, AS 29.60.865 and AAC 180.070 require the Borough Assembly to adopt a 12 resolution identifying those unincorporated communities located within its municipal boundaries 13 that meet the Community Revenue Sharing Program eligibility criteria established under AS 14 29.60.865, AS 29.60.879, and 3 AAC 180.110; and 15 16 WHEREAS, Karluk has a Native Village Council that agrees to receive and spend the 17 Community Revenue Sharing payment for the public benefit; and 18 19 WHEREAS, Karluk has 25 or more residents residing as a social unit; and 20 21 WHEREAS, Karluk provides fire protection, emergency medical response, water and sewer, 22 solid waste management; and public road maintenance; and 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH THAT the Kodiak Island Borough, by this resolution, hereby certifies that the Village 26 of Karluk, through the Native Village Council, is eligible for funding under the FY2010 Community 27 Revenue Sharing Program. 28 29 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 30 THIS DAY OF , 2009 31 32 33 KODIAK ISLAND BOROUGH 34 35 36 37 Jerome M. Selby, Borough Mayor 38 39 ATTEST: 40 41 42 43 Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough Resolution No. FY2009 -26 Page 1 of 1 TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 2, 2009 REGULAR MEETING ITEM NO: 13.B.3 Resolution No. FY2009 -27 Adopting to Participate in the AMLJIA Loss Control Incentive Program. SUMMARY: This resolution will authorize Borough participation in the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. Participation requires this resolution as well as monthly safety committee meetings, bi- annual facilities self inspections, and employee safety training. It is required that a resolution be adopted annually in order to be eligible for the discount of $20,000 on the Borough's contribution. APPROVAL FOR AGENDA: ik RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -27. 1 Introduced by: Manager Gifford 2 Requested by: AMLJIA 3 Drafted by: AMLJIA Introduced on: 04/02/2009 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2009 -27 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND 10 ADOPTING TO PARTICIPATE IN THE AMLJIA 11 LOSS CONTROL INCENTIVE PROGRAM 12 13 WHEREAS, the Kodiak Island Borough is a member of the Alaska Municipal League Joint 14 Insurance Association (hereinafter "AMLJIA "); and 15 16 WHEREAS, the AMLJIA provides comprehensive risk management assistance and provides 17 workers' compensation, liability and property coverage for the Kodiak Island Borough; and 18 19 WHEREAS, the AMLJIA developed the Loss Control Incentive Program to help reduce 20 member losses individually and pool wide; and 21 22 WHEREAS, the AMLJIA will provide all written program materials necessary, and offer 23 assistance to participants; and 24 25 WHEREAS, pool members that participate in the Loss Control Incentive Program and 26 complete the required activities, will have the opportunity to earn a discount on their contribution; 27 and 28 29 WHEREAS, it is the Kodiak Island Borough's policy to provide a safe environment for its 30 students, employees, citizens, and the visiting public; and 31 32 WHEREAS, the Loss Control Incentive Program will enhance such an environment. 33 34 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 35 BOROUGH that it elects to participate in the AMLJIA Loss Control Incentive Program for the 36 2008 -2009 policy year. 37 38 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 39 THIS DAY OF 2009 40 41 KODIAK ISLAND BOROUGH 42 43 44 45 Jerome M. Selby, Borough Mayor 46 47 ATTEST: 48 49 50 51 Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough Resolution No. FY2009 -27 Page 1 of 1 TITLE: Resolution No. FY2009 -28 Supporting the Alaska Commission on Aging 2009 Priorities and Urging the Alaska Legislature to Implement These Priorities. SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 2, 2009 REGULAR MEETING ITEM NO: 13. This resolution was requested by Assembly member Branson which supports the Alaska Commission on Aging 2009 Legislative priorities and urges the Alaska Legislature to consider these priorities for implementation as it weighs the competing demands on the State of Alaska resources. FISCAL NOTES: Account No.: NA Amount Budgeted: NA Expenditure Required: NA APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -28. WHEREAS, Kodiak Island Borough KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2009 -28 the Senior Citizens of Kodiak endorses those priorities; and Introduced by: Requested by: Drafted by: Introduced on: Adopted on: Assembly Assembly member Branson Borough Clerk /Assembly member Branson 04/02/2009 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH SUPPORTING THE ALASKA COMMISSION ON AGING 2009 PRIORITIES AND URGING THE ALASKA LEGISLATURE TO IMPLEMENT THESE PRIORITIES WHEREAS, on March 2, 2009, the Senior Citizens of Kodiak reviewed the Alaska Commission on Aging 2009 Legislative Priorities, which include, in priority order: 1) An additional $2 million for the Senior Home and Community Based Services Grants program that would provide continued funding for important senior services funded by the Older Americans Act and the general fund; and 2) Regular review of state reimbursement rates for senior services, which could result in reimbursements that keep pace with cost increases; and 3) Reauthorization of the Medicaid Adult Dental Program (scheduled to sunset June 30, 2009), which provides preventative dental care to income eligible adult Alaskan's, of which 40% are over age 60; and 4) Support for Alaska Housing Finance Corporation's request for funding to provide housing for homeless persons, 17% of which are 55 or older; and 5) Creation of a statewide transportation fund to support services to older and all Alaskans; and WHEREAS, the Senior Citizens of Kodiak has requested that the Kodiak legislative delegation and Assembly adopt a resolution of support for the priorities, to be submitted to the Alaska Legislature; and WHEREAS, Alaska now has the fastest growing senior population of all 50 states, and the Alaska Commission on Aging is working to plan for the future of our seniors. NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1. That the Kodiak Island Borough Assembly supports the Alaska Commission on Aging 2009 Legislative Priorities and urges the Alaska Legislature to consider these priorities for implementation as it weighs the competing demands on the State of Alaska's resources. Section 2. Effective Date. This resolution shall be effective immediately upon adoption. Resolution No. FY2009 -28 Page 1 of 2 52 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 53 THIS DAY OF 2009 54 55 KODIAK ISLAND BOROUGH 56 57 58 59 Jerome M. Selby, Borough Mayor 60 61 ATTEST: 62 63 64 65 Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough Resolution No. FY2009 -28 Page 2 of 2 Introduced by: Manager Gifford Requested by Manager Gifford Drafted by Bond Counsel Introduced: 04/02/2009 Adopted: 1 KODIAK ISLAND BOROUGH 2 RESOLUTION NO. FY2009 -29 3 4 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 5 APPOINTING KARLETON G. SHORT AS ACTING BOROUGH CLERK FOR 6 THE PURPOSE OF EXECUTING AND DELIVERING ON BEHALF OF THE 7 BOROUGH THE GENERAL OBLIGATION REFUNDING BONDS, 2009 8 SERIES A AND OTHER DOCUMENTS THAT ARE TO BE EXECUTED AND 9 DELIVERED BY THE BOROUGH IN CONNECTION WITH THE ISSUANCE 10 AND DELIVERY OF THE BONDS IF THE BOROUGH CLERK IS UNABLE TO 11 ATTEND DUE TO AIR TRANSPORTATION DISRUPTIONS 12 13 WHEREAS, the Kodiak Island Borough (the "Borough "), by Resolution No. FY2009 -20 has 14 authorized the issuance of its General Obligation Refunding Bonds, 2009 Series A (the "Bonds ") 15 in the aggregate principal amount of not to exceed $7,150,000; and 16 17 WHEREAS, the Alaska Municipal Bond Bank (the "Bond Bank ") h s agreed to purchase Bonds 18 in the principal amount of $6,740,000 from the Borough, and Borough has agreed to sell 19 such Bonds to the Bond Bank, and the delivery of such Bonds is scheduled to occur on April 9, 20 2009, in Seattle, Washington; and 21 22 WHEREAS, recent disruptions in air transportation caused by the eruption of the Redoubt 23 volcano have made it Tess certain that Borough officials will be able to attend the closing for the 24 Bonds in person; and 25 26 WHEREAS, the appointment of an acting Borough Clerk as provided in this resolution will help 27 assure the timely execution of documents that the Borough must deliver at the closing for the 28 Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: 29 30 Section 1: Appointment of Acting Borough Clerk. Karleton G. Short, Borough Finance 31 Director, is hereby appointed Acting Borough Clerk solely for the purpose of 32 executing and delivering on behalf of the Borough the Bonds and other 33 documents that are to be executed and delivered by the Borough in connection 34 with the issuance and delivery of the Bonds upon certification by the Borough 35 Manager that the Borough Clerk is unable to attend due to air transportation 36 disruptions. 37 38 Section 2: Effective Date. This Resolution shall become effective upon passage and 39 approval. 40 41 42 43 Kodiak Island Borough, Alaska Resolution No. FY2009 -29 Page 1 of 2 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SECOND DAY OF APRIL, 2009 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Resolution No. FY2009 -29 Page 2 of 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 2, 2009 REGULAR MEETING ITEM NO: 13.C.1 TITLE: Ordinance No. FY2009 -19 Amending the Kodiak Island Borough Code of Ordinances Title 7 Elections. SUMMARY: This ordinance was requested by the Assembly to make changes to the Election Code of the Kodiak Island Borough to bring it into compliance with existing laws. The Assembly met on Thursday, March 26 and reviewed the code revisions in the ordinance. This ordinance was also reviewed by the Borough Attorney for compliance. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to a • opt Ordinance No. FY2009 -19 in first reading to advance to public hearing at the next regular meeting of the Assembly. 1 2 3 Introduced by: KIB Assembly Requested by: KIB Assembly /Clerk Drafted by: KIB Clerk Introduced: April 2, 2009 Public Hearing: Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2009 -19 7 8 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 9 AMENDING THE KODIAK ISLAND BOROUGH 10 CODE OF ORDINANCES TITLE 7 ELECTIONS 11 WHEREAS, the Assembly desires to make changes to the Election Code of the Kodiak Island 12 Borough to bring it into compliance with existing laws. 13 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 14 BOROUGH THAT: 15 Section 1: This ordinance is of a general and permanent nature and shall become a part of 16 the Kodiak Island Borough Code of Ordinances. 17 Section 2: Title 7 of the Kodiak Island Borough Code of Ordinances is amended as follows: 18 Title 7 19 ELECTIONS'' 2 20 Chapters: 21 7.10 General Provisions 22 7.20 Qualifications of Voters and Candidates 23 7.30 Procedures for Conduct of Elections 24 7.40 Canvassing and Certification of Election Returns 25 7.50 Absentee Voting 26 7.60 Election Pamphlet 27 7.70 Elections by Mail 28 29 'For statutory provisions governing municipal elections, see AS 26.29.26; for provisions 30 requiring the assembly to prescribe the general rules for the conduct of municipal elections, see 31 AS 29.26.010. 32 33 2 Editor ' s note: Chapter 2.01 KIBC, adopted by Ord. 86 -22 -0 and amended by Ord. 88 -05 -0 and 34 Ord. 90 -07, was renumbered and moved to KIBC Title 7 in January 1991 at the direction of the 35 clerk. 36 Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 1 of 22 37 38 Chapter 7.10 39 GENERAL PROVISIONS 40 Sections: 41 7.10.010 Incorporation of state and federal law. 42 7.10.020 Severability. 43 7.10.025 Propositions and questions. 44 7.10.030 Liquor sales permitted. 45 7.10.040 Clerk to administer elections. 46 7.10.050 Time of election. 47 7.10.060 Notice of elections. 48 7.10.070 Election expenses. 49 7.10.080 Election supplies and equipment. 50 7.10.090 Preservation of election ballots, papers and materials. 51 7.10.100 Definitions. 52 7.10.010 Incorporation of state and federal law. 53 All provisions of the Constitution of the United States, the Constitution of the state and any 54 laws pursuant to said Constitution affecting borough elections are incorporated in this chapter 55 as if fully set out in this chapter. 56 7.10.020 Severability. 57 If any provision of this title or its application to any person or set of circumstances is held 58 invalid, the remainder of the chapter or its application to other persons or circumstances shall 59 not be affected. 60 61 62 63 7.10.025 Propositions and Questions. 64 An ordinance placing propositions and questions before the voters must be adopted not 65 later than 53 calendar days before a regular election, or 60 calendar days before a special 66 election. 67 7.10.030 Liquor sales permitted. 68 The provisions of AS 4.16.070(a) do not apply in the borough when elections are being held. 69 7.10.040 Administration of elections. 70 A. In this title, the assembly has prescribed the general rules for the conduct of borough 71 elections. 72 B. The clerk, in accordance with the provisions of this title, shall administer all borough 73 elections. The clerk ensures that the borough complies with the U.S. Voting Rights Act to make 74 sure that minority- speaking residents are able to exercise their right to vote. Preclearance shall 75 be obtained from the Department of Justice prior to holding a special election, as required by 76 the Federal Voting Rights Act. 77 78 Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 2 of 22 79 7.10.050 Time of election. 80 A. Regular elections shall be held on the first Tuesday in October each year. 81 B. All elected officials of the borough shall be elected at the regular election in such years 82 as their respective terms of office expire. 83 C. The polls shall be open in each precinct for the purpose of voting in accordance with the 84 established state hours for the election. 85 D. Initiative and referendum elections. The provisions in AS 29.26.170 shall apply for 86 initiative elections and AS 29.26.180 for referendum elections. 87 7.10.060 Notice of elections. 88 A. The clerk shall post a notice of each regular election in three public places and publish at 89 least twice in one or more newspapers of general circulation in the borough, the first such 90 publication to be accomplished at least 30 days prior to the election. For special elections, the 91 first such publication is to be accomplished at least 20 days prior to the election. The clerk shall 92 give such other notice to the public as may be required by resolution of the assembly. 93 B. Each notice of election shall include: 94 1. The type of election, regular or special; 95 2. The date of the election; 96 3. The hours the polls will be open; 97 4. The offices to which candidates are to be elected; 98 5. The subjects of propositions and questions to be voted upon; 99 6. Voter qualifications and instructions for registration; a4 4 100 7. Instruction for absentee voting; and 101 8. Location of precinct polling places. 102 C. At least one day before the election, the clerk shall 103 place where the election is to be held, publish in a newspaper of general circulation and post in 104 at least three public places in the borough specimen sample ballots with instructions to voters. 105 Specimen Sample ballots shall be substantially similar to the official ballots and shall be marked 106 "sample ballot" in place of the words "official ballot." 107 D. Before a general obligation bond issue election, the clerk shall publish notice of the 108 borough's total existing bonded indebtedness at least once a week for three consecutive weeks. 109 The first notice shall be published at least 20 calendar days before the date of the election. The 110 notice shall state: 111 1. The current total general obligation bonded indebtedness, including authorized but 112 unsold bonds of the borough; 113 2. The cost of the debt service on the current indebtedness; and 114 3. The total assessed valuation of property in the borough. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 3 of 22 115 7.10.070 Election expenses. 116 A. The borough shall pay all necessary election expenses, including those of securing 117 polling places and providing ballot boxes, ballots, voting booths or screens, national flags, and 118 other supplies and any wages to election officials unless otherwise provided by this code. 119 B. The borough shall pay each election board member and canvass board member the 120 hourly rate provided for similar election officials for state elections for the time spent at their 121 election duties, including the receiving of instructions. 122 123 124 7.10.080 Election supplies and equipment. 125 A. = - • - The clerk shall furnish to the election board of each 126 precinct the state voter registration list for that a precinct register and shall equip and supply 127 each polling place with sufficient materials for that precinct's election, including those materials 128 required by this section. 129 B. The clerk shall prepare instructions explaining to voters how to obtain ballots, how to 130 mark them, and how to obtain new ballots to replace those destroyed or spoiled. These 131 instructions shall be printed on cards in large, clear type and shall be distributed to the election 132 boards to be prominently displayed in each polling place. The clerk shall provide booths at each 133 polling place with appropriate supplies and conveniences to enable each voter to mark his the 134 voter's ballot screened from observation. Ballot boxes shall be placed outside the voting booths 135 in plain view of the election officials, voters, and other persons at the polling place. 136 7.10.090 Preservation of election ballots, papers, and materials. 137 The clerk shall preserve all precinct election certificates, tallies, precinct registers, receipts 138 for ballots, all voted ballots, and declarations of candidacy filed as set by the records retention 139 schedule resolution. These materials may be destroyed after their retention period has lapsed 140 unless an application for a recount has been filed and not completed, or unless their destruction 141 is stayed by an order of the court. Certificates of the canvass board are to be preserved as 142 permanent records. 143 7.10.100 Definitions. 144 In this chapter, unless the context requires otherwise: 145 The masculine includes the feminine; 146 "Clerk" means the borough clerk or any properly authorized assistant or designee; 147 "Days" includes weekends and holidays; 148 "Election" includes any regular or special election of the borough; 149 "Election officials - means the clerk or his the clerk's designee, election judges, election 150 clerks, receiving /counting team, and canvassing boards; 151 "Election supervisor" means the clerk; 152 "Oath" includes affirmation; 153 "Precinct" means the territory established by the state; 154 "Proposition" includes question; 155 "Publication" means a newspaper of general circulation or posting in public places; 156 "Qualified voter" means any voter who: 157 1. Is a citizen of the United States; 158 2. - - e- e • - - e • :-• • e • •e - is 18 years of age or older; 159 3. Has been a resident of the state and of the borough for at least 30 days just before 160 the election; 161 4. Has registered at least 30 days before the election as required by AS 15.07 and is not 162 registered to vote in another jurisdiction; and 163 5. Is not disqualified under Article V of the State Constitution; 164 "Regular election" means a general election to fill assembly offices as required by KIBC 165 7.10.050(B); 166 "Special election" means any election held at a time other than when a regular election is 167 held; 168 "Swear" includes affirm; and 169 "Voter" means any person who presents hroneself for the purpose of voting, either in 170 person or by absentee ballot. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 4 of 22 171 Chapter 7.20 172 QUALIFICATIONS OF VOTERS AND CANDIDATES 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 Sections: 7.20.010 7.20.015 7.20.020 7.20.030 7.20.035 7.20.040 Qualifications of voters. Rules for determining residence of a voter. Candidate qualifications. Declaration of candidacy by- petition. Public official financial disclosure statements. Corrections, 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 birthday Is 18 years of age or older; 3. Has been a resident of the state and of the borough and the precinct in which the person seeks to vote for at least 30 days preceding the election; 4. Is registered to vote in state elections at a residence address within a municipality at least 30 days before the election at which the person seeks to vote; 54. Has registered at toast 30 days before the election as required under AS 15.07 with the state and is not registered to vote in another jurisdiction; and 65. Is not disqualified under Art. V of the State Constitution. B. A person is qualified to vote in a service area election if the person meets the above requirements of subsection A of this section and has been a resident of the service area in which the person seeks to vote for at least 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. 7.20.015 Rules for determining residence of voter. For the purpose of determining residence for voting, the place of residence is governed by the following rules: A. The residence of a person is that place in which habitation is fixed and to which, whenever the person is absent, the person has intention to return. If a person resides in one place but does business in another, the former is the person's place of residence. There can only be one residence. B. A person does not gain or lose residence solely by reason of the person's presence while employed in the service of the United States or of this state, or while a student of an institution of learning, while in an institution or asylum at public expense, or while confined in a public prison or while residing upon an Indian or military reservation. C. No member of the armed forces of the United States, the person's spouse or dependent is a resident of this state solely by reason of being stationed in the state. D. A person does not lose residence if the person leaves home and goes to another country, state, or place in this state for temporary purposes only and with the intent of returning. E. A person does not gain a residence in a place to which the person's comes without a present intent to establish a permanent dwelling there. F. A person loses residence in this state if the person votes in another state's election, either in person or by absentee ballot, and will not be eligible to vote in this state until again qualifying under AS 15.05.010 and this chapter. G. The term of residence is computed by including the day on which the person's residence commences and by excluding the day of the election. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 5 of 22 219 7.20.020 Candidate qualifications. 220 A. Candidates for mayor, assembly, and school board must be qualified voters of the 221 borough and residents of the borough for one year at the time of filing. 222 B. A person may not serve simultaneously as mayor and as a member of the assembly, as 223 mayor and a member of the school board, or as a member of the assembly and member of the 224 school board. 225 C. No elected official of the borough may hold any other compensated borough office or 226 borough employment, or elected position in the state or federal government while in office. 227 D. No person shall be a candidate for more than one assembly seat at any election. 228 fiE. Candidates for service area boards must be qualified voters of the borough and 229 residents of the service area for at least 30 days immediately preceding filing for office. 230 F. Candidates shall provide proof that they are eligible, or shall be eligible by the date of the 231 election, to be recognized as a candidate for any election. 232 G. Write -in candidates for mayor, assembly, and school board shall file an Alaska Public 233 Offices Commission (APOC) official financial disclosure statement with the clerk as required by 234 the provisions of AS 39.50. 235 236 237 238 239 B 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 7.20.030 Declaration of candidacy -by- petition. A. At least 65 75 days before each regular election, the clerk shall publish in one or more newspapers of general circulation in the borough a notice of offices to be filled at the election and the •• - • - - e _ _ • : • -' - _ _ • the procedure for filing a declaration of candidacy. -' e- - - - - • elective office shall filo a conflict of intorost statement in accordance with tho provisions of Alaska Statutes at the time of filing the nominating petition. Packets containing declarations of candidacy shall be available from the clerk's office no later than the day the filing period opens. Declarations of candidacy shall be submitted in original form and shall not be submitted electronically. C. A declaration of candidacy shall be in a form provided by the clerk and shall state the following: 1. The full name of the candidate, and the manner in which the candidate wishes the candidate's name to appear on the ballot; 2. The full residence and mailing addresses of the candidate; 3. The office for which the candidate declares; 4. That the candidate is qualified for the office as provided by law; 5. The date and notarized statement of the candidate; 6. The candidate shall certify information contained in the declaration of candidacy is true and accurate; 7. Any other information that the clerk reasonably requires to determine whether the candidate is qualified for the office as provided by law. 8. The declaration of candidacy must be signed by 10 qualified voters of the borough. D. Filing for elective offices shall be made by filing a declaration of candidacy with the clerk from August 1 through August 15, 4:30 p.m. Should August 15 fall on a Saturday or Sunday, candidates shall have until 4:30 p.m. on the first Monday following to file their declaration. E. 265 :. _ _. ' : • _ : • - : ' _ o : • _ • - - • :. Within four business days after filing a 266 declaration of candidacy, the clerk shall notify the candidate as to whether it is in proper form. If 267 not, the clerk shall immediately return the declaration of candidacy to the candidate with a 268 statement certifying how the nominating petition is deficient. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 6 of 22 269 270 7.20.035 Public official financial disclosure statements. 271 A. Candidates for elective borough office and declared write -in candidates shall file an 272 Alaska Public Offices Commission (APOC) official financial disclosure statement with the clerk 273 as required by the provisions of AS 39.50 at the time of filing a declaration of candidacy. The 274 name of the candidate shall be placed on the ballot by the clerk only after the candidate has 275 complied with this requirement. This subsection does not apply to candidates for service area 276 boards. 277 7.20.040 Corrections, amendments and withdrawal of nominating petitions. 278 A. Any candidate may correct, amend, or withdraw the candidate's n inatiel4 declaration of 279 candidacy at any time during the period for filing nominating petitions by appropriate written 280 notice to the clerk. However, after the filing has closed, no petition declaration of candidacy may 281 be corrected, amended, or withdrawn. 282 B. A nominating petition presented shall not be changed as to term of office. If a candidato 283 desires to file for a different c at, he shall request that the prior petition be 284 a new form from tho clerk. If a person chooses to run for a different seat, a declaration of 285 candidacy for that seat shall be filed with the clerk's office. A declaration of candidacy for a 286 particular seat may not be substituted for another office or seat. 287 Chapter 7.30 288 PROCEDURES FOR CONDUCT OF ELECTIONS 289 Sections: 290 7.30.010 Election officials. 291 7.30.020 Precincts and polling places. 292 7.30.030 Ballots — Form. 293 7.30.040 Ballots — Distribution. 294 7.30.050 Voting devices and machines. 295 7.30.060 Voting procedures at the polls. 296 7.30.070 Questioned votes ing- procedures. 297 7.30.080 Disposition of questioned votes. 298 7.30.090 Unused ballots. 299 7.30.100 ball Official closing of polls. 300 7.30.110 Gempletion -ef General procedure for ballot count. 301 7.30.120 Rules for deter-rink counting ballots. 302 7.30.130 Tally of votes. 303 7.30.010 Election officials. 304 A. The assembly shall appoint at least three judges election officials in each precinct to 305 constitute the election board of that precinct. The borough clerk is the election supervisor. One 306 judge election official shall be designated as chair and shall be ordinarily responsible for 307 administering the election in that precinct. The borough clerk may appoint up to threo additional 308 election clerks officials at any polling place where they are needed to conduct an orderly 309 election and to relieve the election judges other election officials of undue hardship. 310 B. All election officials should attend a training session unless personally and specifically 311 excused for cause by the borough clerk. If any appointed election official is not able to or 312 refuses to serve on election day, the borough clerk may appoint a replacement for that official. 313 C. Each election official serving at a precinct polling place must be a qualified voter and, if 314 possible, a resident within the precinct for which appointed. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 7 of 22 315 D. All election judges- and - clerks officials, before entering upon their duties, must subscribe 316 to the oath required of all public officers by the constitution of the state in the manner prescribed 317 by the borough clerk. 318 E. Candidates or members of the candidate's immediate family shall not servo as officials for 319 • • - _ _ _ _ .. _ •. Candidates shall not serve as election officials. Certain 320 familial relationships may not exist between a candidate and a precinct election official, member 321 of a ballot receiving /counting team or canvass board in regular or special elections. Those 322 familial relationships are: 323 1. Mother, mother -in -law, stepmother; 324 2. Father, father -in -law, stepfather; 325 3. Sister, sister -in -law, stepsister; 326 4. Brother, brother -in -law, stepbrother; 327 5. Spouse; or 328 6. Person sharing the same living quarters. 329 F. If the clerk knows or learns that any of these relationships exist, the precinct election 330 official shall be notified and replaced. 331 7.30.020 Precincts and polling places. 332 A. The precincts established by the state and set forth in the Alaska Administrative Code 333 shall be the precincts for all elections. The bereug# clerk shall secure a polling place for each 334 precinct for each election. Whenever practicable, the polling place shall be located within the 335 precinct. 336 B. No later than 20 days before each regular and special election, the borough clerk shall 337 publish in one or more newspapers of general circulation in the borough the locations of the 338 precinct polling places. Such publication shall be repeated at least once no later than the day 339 prior to the election. 340 7.30.030 Ballots — Form. 341 The clerk shall prepare all official ballots to facilitate fairness, simplicity, and clarity in the 342 voting procedure, to reflect most accurately the intent of the voter, and to expedite the 343 administration of elections. The following directives shall be followed when applicable: 344 A. The clerk shall determine the size of the ballot, the type of print, necessary additional 345 instructions to voters, and other similar matters of form not provided by law. 346 B. The clerk may contract for the preparation of ballots, instructions to voters, and other 347 similar matters of form not provided by law without obtaining competitive bids. 348 C. Ballots shall be prepared in the manner prescribed by law for state elections, insofar as 349 such prescription is applicable to nonpartisan elections. The ballots shall be numbered in series 350 to assure simplicity and secrecy and to prevent fraud, the number being placed in an area set 351 off by perforations for ease of removal. 352 D. All candidates to the same office shall be shown on one ballot. The title of each office to 353 be filled shall be followed by the printed names of all candidates for that office, and provisions 354 shall be made for write -ins equal in number to the positions to be filled. The names of 355 candidates shall be printed as they appear upon the declaration of candidacy except that any 356 honorary or assumed title or prefix shall be omitted. The words "Vote for not more than 357 with the appropriate number replacing the blank, shall be placed before the lists of candidates 358 for each office. Names of candidates shall appear on the ballot with the position of names of the 359 candidates set out in the same order in each section on each ballot used as prescribed in 360 Alaska Statutes for state elections. However, the order of placement of the names of the 361 candidates for each office shall be randomly determined by the clerk for ballots printed for use. Kodiak Island Borough, Alaska Ordinance No. FY2009 - Page 8 of 22 362 E. Following the offices and candidates, there shall be placed on the ballot or on separate 363 ballots, as the clerk may determine, all propositions or questions to be voted on. The words 364 "YES" and "NO" shall be placed below the statement of each proposition or question. The clerk 365 shall determine the number of ballots to be used to present all offices, propositions, and 366 questions to the qualified voter. 367 F. Each ballot shall bear the words "Official Ballot" and the date of the election. 368 G. The clerk shall have printed and available at each polling place, on election day and in the 369 clerk's office preceding the election, thc appropriate tinted sample ballots for each election. 370 7.30.040 Ballots — Distribution. 371 A. The clerk shall have possession of the ballots at least 15 days before each regular 372 election. At that time, the ballots may be inspected by any candidate whose name is on the 373 ballot, or hi-s the candidate's authorized agent, and any mistake discovered shall be corrected 374 immediately. Sufficient ballots for the -- registered voters of each precinct shall be delivered to the 375 election board for that precinct. 376 B. The ballots shall be delivered in a separate sealed package, with the number of ballots 377 enclosed clearly marked on the outside of the package. A receipt shall be taken for the election 378 board member to whom each package is delivered in person or by mail. 379 7.30.050 Voting devices and machines. 380 Voting devices and machines will be used for all regular and special elections unless 381 determined not to be practical by the clerk. The laws of thc state concerning voting devicos and 382 machines aro incorporated in this chapter as if fully set out in this chapter except for provisions 383 _ _ - _ _ - All necessary supplies for the assistance of voters, such as sample 384 ballots, instructions, booths, etc., shall be provided. 385 arc used. 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. before rocoiving his ballot, shall sign 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 knows the identity of the voter, except when "Must Show ID" is printed in the signature block - a brief statomont of exp +on. Kodiak Island Borough, Alaska his namo. Tho signing of the regictor conctitutos a A record shall be kept in the registration list The election official shall keep a precinct register in which each voter, before receiving a ballot shall sign the voter's name. By signing the register, the voter declares that the voter is qualified to vote. If a voter signs the precinct register and then leaves the polling place without voting or votes a questioned ballot, the election official shall cross the voter's name off the precinct register and make a note next to the name that the voter did not vote. If a voter's polling place is in question, a voter shall be allowed to vote ballot as a questioned ballot. C. Before being allowed to vote, each voter shall exhibit to an election fudge official one form of identification listed on the "Have ID" poster from the state., including but not limited to an License. An election fudge official may waive the identification requirement if he the official Ordinance No. FY2009 -17 Page 9 of 22 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 above the voter's name. The ID requirement for this voter may not be waived. 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 official shall give hires the voter 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 officials have completed their post election duties. E. A qualified voter who cannot read, mark the ballot, or sign his name may request an the porcon shall ctato upon oath before the election judge official that he will not divulge the vote and no intoxicated porcon should receive assistance in marking his ballot. A qualified voter who cannot read and mark the ballot, or sign the register, may request an election official, a person, or not more than two persons, chosen by the voter, to provide assistance. Upon the voter's request, the election official shall provide the assistance. If any other person is requested, that person shall state upon oath before the election official that the person shall not divulge the vote cast by the voter. Intoxication shall not be regarded as a physical disability, and no intoxicated person should receive assistance in marking that voter's ballot. F. If a voter improperly marks or otherwise damages a ballot, he the voter 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 spoiled ballot after having recorded it in the spoiled ballot accountability statement s number and shall issue a new ballot to the voter. A voter may request replacement of a damaged ballot no more than three times. The destroyed ballot should be kept and stored in the spoiled ballots envelope. A voter may only be issued up to two replacement ballots. No voter should receive more than three ballots. proclaimed. When the polls arc closed for thc 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 thc time prescribed for closing the polls. 438 7.30.070 Questioned votesing-preeedures. 439 A. Every election judge official shall question, and any person qualified to 440 voter may question in the precinct, or qualified to vote in thc particular election involving less 441 than an entire precinct in thc case of service areas may question a person attempting to vote if 442 the questioner has good reason to suspect that the questioned person is not qualified to vote 443 under KIBC 7.20.010. All questions regarding a person's qualifications to vote shall be made in 444 writing setting out the reason the person has been fer the questioned. A questioned person, 445 before voting, shall fill out the questioned ballot oath and affidavit envelope and subscribe to an 446 oath and sign the affidavit on the form. provided by thc borough clerk attesting to the fact that, in 447 each particular case, the person meets all the qualifications of a voter, that is not disqualified, 448 and that has not voted at the same election. After the questioned person has taken the oath and 449 signed the affidavit, the person may vote. If the questioned person refuses to take the oath or 450 sign the affidavit, the person may not vote. 451 B. If a voter's polling place is in question, he the voter shall be allowed to vote, and any 452 election official shall-eon-cider the ballot ac a questioned ballot. Tho voter whose ballot is being 453 questioned shall by complete filling out a statement concerning his residence on a form 454 _ _ _ _ _ _ •_ _ _ _ ..e• _ _ questioned ballot oath and affidavit envelope. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 10 of 22 455 7.30.080 Disposition of questioned votes. 456 A voter who casts a questioned ballot shall vote his the ballot in the same manner as 457 prescribed for other voters. After the election judge official removes the numbered stub from the 458 ballot, the voter shall insert the ballot into a small blank gray envelope, seal it, and put the gray 459 envelope in to a larger envelope on which the statement he previously signed is located the 460 questioned ballot oath and affidavit envelope. These larger questioned ballot oath and affidavit 461 envelopes shall be sealed and deposited in the ballot box. When the ballot box is opened, these 462 envelopes shall be counted (unopened) and compared to the voting list, segregated, and 463 delivered to the borough clerk for delivery to the canvass board. The election canvass board 464 shall review and judge the applicability of all questioned ballots. 465 7.30.090 Unused ballots. 466 The numbers of all ballots not issued shall be recorded and then all such ballots shall be 467 disposed of as instructed by the borough clerk before the ballot box is opened returned to the 468 clerk. The numbers of ballots damaged spoiled by voters and replaced by election officials shall 469 also be recorded. The record of ballots not issued and ballots damaged spoiled and replaced 470 shall be preserved as set by the records retention schedule resolution. 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 7.30.100 Official closing of polls. view of any persons present. However, the chair of the election board shall not p B. Immediately following the closing of the polls, the olection officials shall open thc ballot 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 thc number of signatures on the precinct register. If a discrepancy exists which cannot be resolved, the election officials shall C. If computer counted ballots arc used, the election officials shall make a preliminary center by two or more election judges. In the event that election judges of a precinct are unable D. If paper ballots are used, the election board shall tally the votes cast in thc manner prescribed in this chapter. E. Ballots may not be counted before 8 p.m., local time, on the day of the election. Fifteen 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. Failure to make the announcement at 15 minutes before closing time shall not in any way invalidate the election or extend the time for closing of the polls. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 11 of 22 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 7.30.110 Completion -of General procedure for ballot count. number of votec cast for each candidate, for and against each proposition, yos or no on ach the register. In addition, all ballots properly cast shall be mailed or hand delivered to the borough clerk in a separate, coaled package. Both packages, in addition to an address on tho outside, shall clearly indicate the precinct from which they come. In thoso areas of the borough where ballots are counted by hand, the chair shall forward their election rocults by tclophone, telegram or radio on the night of the election. To acsuro adequate protection, the borough clerk shall prescribe thc manner in which the ballots, registers, and all other election records and A The clerk shall prescribe the manner in which the precinct ballot count is accomplished so as to ensure accuracy in the count and to expedite the process. The election officials shall account for all ballots by completing a ballot accountability statement containing (1) the number of official ballots received; (2) the number of official ballots voted; (3) the number of official ballots spoiled; (4) the number of official ballots unused and either destroyed or returned for destruction to the clerk. The election officials shall count the number of questioned ballots and compare that number to the number of questioned voters in the register. Discrepancies shall be noted and explained to the best of the election official's ability in writing for delivery to the borough clerk. The election board, in hand -count precincts, shall count the ballots in a manner that allows watchers to see the ballots when opened and read. A person handling the ballot s. 527 B. Ballots may not be counted before 8:00 p.m., local time, on the day of the election. 7.30.120 Rules for determining mark counting ballots. 1. A failure to properly mark a ballot as to one or more candidates dose not in itself 2. A voter may mark his ballot only by using punch marks as may be mado through use pen and ink. The marks will bo counted only if they aro substantially incido the squares ovals 3. If a voter marks fewer namos than there aro persons to be elected to the office, the • /1. If a voter marks more namos than thcrc arc person° to bo elected to tho office, tho 6. Any erasure or correction appears. printed on the ballot unless tho printed Kodiak Island Borough, Alaska invalidates only that section of thc ballot on which it • y writing in thc namo of a candidate whose name is namo is for the same offico and has also boon marked or Ordinance No. FY2009 -17 Page 12 of 22 548 549 550 551 552 553 554 555 556 557 584 585 586 587 588 589 590 591 592 593 594 595 596 unless the election board determines, on thc basis of other evidence, that tho ballot was so fer a w4+te ira candidate, he voter mu in the space provided and, in addition, mark the square oval opposite the candidate's name in accordance with subsection (A)(2) of this section. 9. Stickers bearing the candidate's name may not be used on the ballot. 40. Votes cast for a candidate who is disqualified shall not be counted for any purpose: 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. 558 A. The election board shall count ballots according to the following rules: 559 1. A voter may mark a ballot only by filling in, making "X" marks, diagonal, horizontal, or 560 vertical marks, solid marks, stars, circles, asterisks, checks, or plus signs that are clearly 561 spaced in the oval opposite the name of the candidate, proposition, or question that the voter 562 desires to designate. 563 2. A failure to properly mark a ballot as to one or more candidates does not itself 564 invalidate the entire ballot. 565 3. If a voter marks fewer names than there are persons to be elected to the office, a vote 566 shall be counted for each candidate properly marked. 567 4. If a voter marks more names than there are persons to be elected to the office, the 568 votes for candidates for that office may not be counted. 569 5. The mark specified in (1) of this subsection shall be counted only if it is substantially 570 inside the oval provided, or touching the oval so as to indicate clearly that the voter intended the 571 particular oval to be designated. 572 6. Improper marks on the ballot may not be counted and do not invalidate marks for 573 candidates properly made. 574 7. An erasure or correction invalidates only that section of the ballot in which it appears. 575 8. Write -in votes are not invalidated by writing in the name of a candidate whose name is 576 printed on the ballot unless the election board determines, on the basis of other evidence, that 577 the ballot was so marked for the purpose of identifying the ballot. 578 9. In order to vote for a write -in candidate, the voter must write in the candidate's name 579 in the space provided and fill in the oval opposite the candidate's name in accordance with (1) of 580 this subsection. 581 10. Stickers bearing the candidate's name may not be used on the ballot. 582 B. The rules set out in this section are mandatory and there shall be no exceptions to them. 583 A ballot may not be counted unless marked in compliance with these rules. 7.30.130 Tally of votes. A. Tally of Votes Cast by Paper Ballot. The borough clerks _ provide forms and supplies for thc tally of votes cast by paper ballot so as to assure accuracy the rules for determining marks on ballots prescribed in KIBC 7.30.120. The election board shall B. Tally of Votes by Computer. appointed for this service. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 13 of 22 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 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 br ak the s al 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 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 to the borough clerk to be preserved as set by the records retention schedule resolution. 5. Only those ballots punched in accordance with KIBC 7.30.120(A)(2) 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 tho 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. A. Before each election, the assembly shall appoint at least three qualified voters, who shall constitute the receiving /counting team. B. The receiving /counting team shall receive all ballots, election materials, supplies, etc. from the precinct election officials on election night. C. If time allows, the receiving /counting team shall start the tallying of the write -in votes according to the rules for determining marks on ballot prescribed in KIBC 7.30.120. 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. D. The clerk shall issue instruction and shall provide forms and supplies for the tally of the write -in votes. 631 Chapter 7.40 632 CANVASSING AND CERTIFICATION OF ELECTION RETURNS 633 Sections: 634 7.40.010 Canvass of returns. 635 7.40.020 Certification of the election. 636 7.40.025 Simple majority — Votes required for election to office. 637 7.40.030 Election recounts. 638 7.40.040 Contest of election. 639 7.40.010 Canvass of returns. 640 A. Before each election, the assembly shall appoint at least three qualified voters, who shall 641 constitute the election canvass board for that election. All members of the election canvass 642 board, before entering upon their duties, must subscribe to the oath required of all public officers 643 by the Constitution of the state in the manner prescribed by the clerk. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 14 of 22 644 B. On the day following each election or as soon as is practicable, the election canvass 645 board shall meet in public session and canvass all election returns. The canvass may be 646 postponed for cause from day to day, but there shall be no more than three such 647 postponements. In full view of those present, the election canvass board shall judge the 648 applicability of absentee, questioned, and special needs, shall open and tally those accepted 649 and shall compile the total votes cast in the election. The canvass of the ballot vote counted by 650 precinct election boards shall be accomplished by reviewing the tallies of the recorded vote to 651 check for mathematical error by comparing totals with the precinct's certificate of results. All 652 obvious errors found by the election canvass board in the transfer of totals from the precinct 653 tally sheets to the precinct certificate of returns shall be corrected in the canvass board 654 certificate of election returns and reported to the assembly as having been corrected. If in the 655 opinion of the canvass board a mistake has been made in precinct returns which is not clearly 656 an error in the transfer of results from the tallies to the certificate of results, the canvass board 657 may recommend to the governing body that a recount of that precinct's results be made for that 658 portion of the returns in question. 659 C. Absentee, questioned, and special needs ballots shall be counted as follows: No ballot 660 shall be counted if the voter has failed to properly execute the oath and affidavit, or if the voter 661 fails to enclose 'f1+ the marked ballot inside the small gray envelope provided. The clerk or a 662 member of the election canvass board may question the qualifications of an absentee voter 663 when read from the voter's certificate on the back of the large envelope, if ho has there is a 664 good reason to suspect that the voter is not qualified to vote, is disqualified, or has otherwise 665 voted at the same election. The person questioning the qualifications shall specify the basis of 666 the question in writing. The canvassing board by majority vote may refuse to accopt thc 667 count the ballot. If the ballot is refused, the clerk shall notify the voter why the 668 ballot was refused by the canvass board why return a copy of the statement of the question to 669 the voter, and shall enclose all rejected ballots in a separate envelope with statements of 670 question. The envelope shall be labeled "rejected ballots" and shall be transmitted to the 671 _ - _ _ - • .. - _ _ _ • - - _ . If the ballot is not refused, the large 672 envelope shall be opened; the smaller inner gray envelope shall be placed in a container and 673 mixed with the other blank absentee ballot envelopes small gray envelopes., or in thc case of 674 . _ . _ _ . _ _ _ _ _ _ _ e _ • .. _ _ _ . _ _ _ _ _ _ The mixed smaller 675 blank gray envelopes shall be drawn from the container, opened, and the ballots counted 676 according to the rules of determining properly marked ballots. 677 D. Upon completion of the canvass, the canvassing board shall prepare a certificate of the 678 results of votes cast by absentee, questioned, special needs, and ballots of votes cast by 679 regular ballot, and shall prepare and submit a written report of said results to the assembly. 680 E. If election materials have not been received from a precinct prior to completion of the 681 canvass, but election results have been transmitted in writing, by telephone, telegram, or radio, 682 the canvassing board shall count the election results received. If the clerk has reason to believe 683 that a missing precinct certificate, if received, would affect the result of the election, the clerk 684 shall await the receipt of the certificate until 4 p.m. in the afternoon on the Tuesday following the 685 election. If the certificate is not received by the clerk by 4 p.m., Tuesday, then the certificate 686 shall not be counted nor included in the final certification of the canvassing board. 687 7.40.020 Certification of the election. 688 A. As soon as possible after completion of the canvass, the assembly shall meet in public 689 session to receive the report of the canvass board. If, after considering said report, the 690 assembly determines that the election was validly held, the election shall be certified by 691 resolution and entered upon the minutes of the meeting. 692 B. If the canvass board reports a failure to comply with provisions of state law and borough 693 ordinance or illegal election practices occurred and that such failure is sufficient to change the Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 15 of 22 694 outcome of the election, the assembly may exclude the votes cast in one or more precincts 695 where such failure or illegal practices occurred from the total returns or may declare the entire 696 election invalid and order a new election. 697 C. If the canvass board reports an apparent discrepancy in the returns of one or more 698 precincts, the assembly may order a recount of the votes cast in said precinct(s). Such recount 699 shall be conducted immediately by the canvassing board and the results reported to the 700 assembly. 701 D. In case of failure to elect a candidate because of a tie vote, the assembly shall 702 immediately cause the canvass board to recount the votes. If there is still a failure to elect 703 because of a tie after completion of the recount, the election shall be determined fairly by lot 704 from among the candidates tying in a meeting of the assembly and under its direction. 705 E. Upon certification of a valid election the assembly shall direct the clerk to deliver to each 706 person elected to office a "certificate of election" signed by the clerk and authenticated by the 707 seal of the borough. 708 7.40.025 Simple majority — Votes required for election to office. 709 All borough offices shall be filled by the candidate(s) receiving the greatest number of votes. 710 7.40.030 Election recounts. 711 A. A defeated candidate, or 10 qualified voters, who believe there has been a mistake made 712 by an election official or by the canvassing board in counting the votes in an election, may file 713 an application requesting a recount with the clerk no later than 5 p.m. on the Monday following 714 the election or 24 hours after completion of the canvass board, whichever is later. The applicant 715 shall include a deposit in cash or certified check for $100.00. The deposit shall be applied 716 against any costs incurred pursuant to subsection E of this section or refunded if there is no 717 liability for recount costs. If the difference between two candidates is two percent or less, the 718 clerk shall initiate the recount and give notice to the interested parties. 719 B. The application shall specify in substance the basis of the belief that a mistake has been 720 made, the particular election precinct or precincts for which the recount is to be held, the 721 particular office, proposition or question for which the recount is to be held, and that the person 722 making the application is a candidate or that the 10 persons making the application are qualified 723 voters. The application for a recount shall bear the notarized signature of the candidate or the 724 10 qualified voters seeking the recount. The date on which the clerk receives an application, 725 rather than the date of mailing or transmission, determines whether the application is filed with 726 the time allowed under this subsection. 727 C. Upon receiving an application in substantially required form, the clerk shall appoint a 728 recount board of four or more qualified voters to conduct the recount of ballots, as soon as 729 possible, of those precincts cited in the application for recount. The rules governing the counting 730 of marked ballots by the election board shall be followed. Those requesting the recount, those 731 whose election is recounted, and the public shall be allowed to attend the recount proceeding. 732 D. Upon completion of recount, the recount board shall certify the results of the recount to 733 the assembly. The assembly shall declare the final election results and direct the clerk to deliver 734 to each person elected to office a "certificate of election" signed by the clerk and authenticated 735 by the seal of the borough. 736 E. The applicant or applicants for recount shall pay all costs and expenses incurred in a 737 recount of an election demanded by the applicant or applicants if the recount fails to reverse any 738 result of the election or the difference between the winning and losing vote on the result 739 requested for recount is more than two percent. 740 F. A candidate or any person who requested a recount who has reason to believe an error 741 has been made in the recount involving any question, proposition, candidate or validity of any Kodiak Island Borough, Alaska Ordinance No. FY2009 - Page 16 of 22 742 ballot may appeal to the superior court within 10 days after the assembly has declared the 743 election results. If no such action is commenced within the 10 -day period, the election and the 744 election results shall be conclusive, final, and valid in all respects. 745 7.40.040 Contest of election. 746 A defeated candidate or any 10 qualified voters who contested an election may bring an 747 action in the superior court within 10 days after the assembly has concluded that said election 748 was validly held and the results entered upon the minutes. Such legal action shall be upon the 749 grounds set forth in Alaska Statutes for contesting state elections. The judge shall render a 750 decision as required by AS 15.20.560 for state elections. If no such action is commenced within 751 the 10 -day period, the election and the election results shall be conclusive, final and valid in all 752 respects. 753 Chapter 7.50 754 ABSENTEE VOTING 755 756 757 758 759 760 761 Sections: 7.50.010 7.50.020 7.50.030 7.50.040 7.50.050 7.50.060 762 7.50.010 Eligibility. 763 Any person may vote absentee. Eligibility. Repealed. Absentee voting — In person. Special needs voting. Absentee voting — By mail. Designation of absentee voting officials. 764 7.50.020 Materials for absentee voting. 765 Repealed by Ord. 2002 -11. [Ord. 86 - 22 - §2, 1986]. 766 7.50.030 Absentee voting — In person. 767 A. Any person may apply for an absentee ballot in person from the clerk or an absentee 768 voting official 15 days before an election, up to and including the day before the date of the 769 election, during regular office hours, by completing an absentee in person envelope. 770 B. Upon completion of an absentee in person envelope and exhibition of proof of 771 identification as required in KIBC 7.30.060(0), the clerk or an absentee voting official shall issue 772 the ballot and small secrecy envelope gray envelope to the applicant. The ballot must be voted 773 at the polling place and no ballot may be removed from the polling place. 774 C. On receipt of an absentee ballot in person, the voter shall mark the ballot in secret, place 775 the ballot in the small gray envelope, place the small eta-ye-lope gray envelope 776 in the absentee in person envelope, and sign the voter's certificate on the absentee in person 777 envelope in the presence of the clerk or absentee voting official who shall sign as attesting 778 official and date that signature. The clerk or absentee voting official shall then accept the ballot. 779 D. The clerk or absentee voting official may not accept a marked ballot that has been 780 exhibited by an absentee voter with the intent to influence other voters. If the absentee voter 781 spoils the ballot, the voter may receive up to two replacement ballots. up -to -a 782 maximum of three. No voter should receive more than three ballots. Exhibited or spoiled ballots 783 shall be destroyed. The numbers of all ballots destroyed shall be noted on the spoiled ballot 784 accountability statement and stored in the spoiled ballots envelope. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 17 of 22 785 E. The clerk or absentee voting official shall keep a record of the names and signatures of 786 voters who cast absentee ballots and the dates on which the ballots were cast. 787 7.50.040 Special needs voting. 788 A. Any person with a disability who, because of that disability, is unable to go to a polling 789 place to vote may vote a special needs ballot, or the voter may, through a representative, 790 request a special needs ballot from the clerk or an absentee voting official 15 days before an 791 election, up to and including the day before the date of the election during regular office hours, 792 or from an election precinct voting official on election day. 793 B. If the request for a special needs ballot is made through a representative, the 794 representative shall sign a special needs register provided by an election official. The register 795 must include the following information: 796 1. The representative's name; 797 2. The representative's residence and mailing address; 798 3. The representative's social security number, voter number, or date of birth; 799 4. The name of the voter on whose behalf the representative is requesting a ballot; 800 5. An oath that the representative: 801 a. Is receiving a ballot and voting materials on behalf of the voter; 802 b. Will not vote the ballot for the voter; 803 c. Will not coerce the voter; 804 d. Will not divulge the vote cast by the voter; and 805 e. Has been notified that unlawful interference with voting is punishable under AS 806 15.56.030 or AS 15.56.035. 807 C. The clerk, absentee voting official, or election precinct voting official shall keep a record 808 of the name and signature of each representative requesting an absentee ballot and the name 809 of the person on whose behalf the ballot is requested. The clerk, absentee voting official, or 810 election precinct voting official shall record the date and time the absentee ballot is provided and 811 the time the ballot is returned. 812 D. The representative shall deliver the special needs ballot and other voting materials to the 813 voter as soon as practicable. The voter shall mark the ballot in secret, place the ballot in the 814 secrecy sleeve small gray envelope, and place the secrecy sleeve small gray envelope in the 815 special needs envelope provided. The voter shall provide the information on the envelope that 816 would be required for absentee voting if the voter voted in person. The voter shall sign the 817 voter's certificate in the presence of the representative. The representative shall sign as 818 attesting official and date the voter's signature. 819 E. The representative shall deliver the ballot and voter certificate to the clerk or absentee 820 voting official not later than 5 p.m. the day beforo the election or to an cle an 821 election official not later than 8 p.m. on election day. 822 F. If a voter's disability precludes the voter from performing any of the requirements of 823 subsection D of this section, the representative may perform those requirements, except making 824 the voting decision, on the voter's behalf. 825 G. A candidate for office, the voter's employer, an agent of the voter's employer, or an 826 officer or agent of the voter's union may not act as a representative for the voter. 827 7.50.050 Absentee voting — By mail. 828 A. Any person may apply for an absentee ballot by mail or by electronic transmission if 829 received by the clerk not more than six months nor less than seven days before an election. The 830 application shall include the address te— which• where the absentee ballot shall be returned 831 mailed and the applicant's full Alaska local residence address and signature. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 18 of 22 832 B. After receipt of an application by mail, the clerk shall send the absentee ballot and other 833 absentee voting material to the applicant by at least first class mail. The materials shall be sent 834 as soon as they are ready for distribution. There shall be a small blank gray envelope and a 835 return envelope addressed to the clerk supplied to each absentee by mail voter. The return 836 envelope shall have printed upon it an affidavit by which the voter shall declare their 837 qualification to vote, followed by a provision for attestation by an official authorized to administer 838 an oath or two witnesses over the age of 18. 839 C. Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public, 840 other person qualified to administer oaths, or two persons over the age of 18 years, may 841 proceed to mark the ballot in secret, place the ballot in the small gray envelope, place the small 842 gray envelope in the larger return envelope, and sign the voter's certificate on the back of the 843 larger return envelope in the presence of the witness(es) who shall sign as attesting official(s) 844 and shall date his the voter's signature. 845 D. An absentee ballot must be marked and attested on or before the date of the election. If 846 the voter returns the ballot by mail, he the voter shall use the most expeditious mail service and 847 mail the ballot not later than the day of the election to the clerk. It must be postmarked on or 848 before midnight of election day and received by the clerk no later than the Tuesday following the 849 election by 5 p.m. one week, seven calendar days, to the close of business following the 850 election- Ballot envelopes received after that time shall not be opened but shall be marked 851 "invalid rejected," with the date of receipt noted thereon, and shall be preserved as set by the 852 records retention schedule resolution. 853 7.50.060 Designation of absentee voting officials. 854 The clerk may appoint a registered voter, city clerks, or registrars listed with the state to act 855 as absentee voting officials. The clerk shall supply adequate voting supplies and ballots to the 856 city clerks or registrars absentee voting official. 857 Chapter 7.60 858 ELECTION PAMPHLET 859 Sections: 860 7.60.010 Election pamphlet. 861 7.60.010 Election pamphlet. 862 A. Before each regular and special election, the 19d-re-ugh clerk shall prepare, publish, and 863 mail an election pamphlet to every registered voter household within the borough. 864 B. Each election pamphlet shall contain: 865 1. A map of the election precincts; 866 2. Sample ballots; 867 3. An absentee ballot application; 868 4. For each ballot proposition submitted to the voters by initiative or referendum petition 869 or by the assembly: 870 a. The full text of the proposition specifying ordinances proposed to be affected; 871 b. The ballot title and the summary of the proposition prepared by the administration 872 or the clerk; and 873 c. A summary of statements submitted by proponents and opponents of each 874 proposition. If only one statement is received, it will not be published. 875 5. For each bond question, a statement of the scope of each project; and 876 6. Additional information on voting procedures that the clerk considers necessary. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 19 of 22 877 C. There is no charge for statements advocating approval or rejection of a proposition 878 submitted to the voters for approval. 879 D. Material in the election pamphlet shall be organized to the extent possible in the same 880 manner and form in which it will appear on the ballot. The decision of the clerk on the form of 881 the material is final. 882 E. Not less than 20 14 days before the election, the clerk shall mail to every registered voter 883 household one copy of the pamphlet. Additional pamphlets may be obtained from the borough 884 offices. 885 F. A candidate's information and statement submitted under this section may not exceed 886 350 words. An article such as "a," "an," and "the" will be counted as a word. 887 G. The clerk will add a disclaimer in the pamphlet noting the text is presented as submitted 888 by the candidate or proposition sponsor(s.) The clerk will add a disclaimer noting the information 889 is the opinion of the author(s) and has been reproduced as submitted, without any changes to 890 grammar, spelling, or punctuation. 891 Chapter 7.70 892 ELECTIONS BY MAIL 893 894 895 896 897 898 899 900 901 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 judge officials. Notification to voters. Notice of election. Voter instructions. Casting ballots. Storing ballots. 902 7.70.010 Conduct of election by mail. 903 A. The clerk may conduct an election by mail if it is held at a time other than when the 904 regular borough election is held. 905 B. If the clerk conducts an election under subsection A of this section by mail, the clerk shall 906 send a ballot for each election described in subsection A of this section to each person whose 907 name appears on the official registration list prepared under AS 15.07.125 for that election. The 908 ballot shall be sent to the address stated on the official registration list unless the voter has 909 notified the clerk in writing of a different address to which the ballot should be sent. The clerk 910 shall send ballots by first class, nonforwardable mail. 911 C. If the clerk conducts an election under subsection A of this section by mail, the clerk shall 912 mail ballots under this section on or before the twenty- second day before the election. 913 D. The clerk shall review ballots voted under this section under procedures established for 914 the review of absentee ballots. 915 E. There shall be a small biankk gray envelope and a return envelope supplied to each by- 916 mail voter. The return envelope shall have printed upon it an affidavit by which the voter shall 917 declare We the voter's qualification to vote, followed by provision for attestation by two attesting 918 witnesses, who are at least 18 years of age. 919 7.70.020 Election date. 920 When the clerk determines that an election will be conducted by mail under KIBC 7.70.010, 921 the notice of election calling for the election must state that the election is to be conducted by 922 mail and that there will be no polling place open for regular in- person voting on election day. In a Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 20 of 22 923 by -mail election, election day will be the date designated by the clerk as the deadline by which a 924 voter's ballot must be voted, witnessed, mailed, and, if postmarked, date - stamped by the post 925 office. 926 7.70.030 Election judges officials. 927 In each election conducted by mail, the assembly shall appoint an election board composed 928 of at least three judges election officials for each precinct in which the election is to be held. In 929 the precincts of Akhiok, Cape Chiniak, Karluk, Larsen Bay, Old Harbor, Ouzinkie, and Port 930 Lions, at least one election judge official for each precinct shall be available for at least 15 days 931 preceding the election and on election day, at the hours and location specified by the clerk. For 932 the precincts of Flats, Kodiak No. 1, Kodiak No. 2, Kodiak No. 3, and Mission Road, at least one 933 election judge official shall be available for at least 15 days preceding the election and on 934 election day, at the hours and location specified by the clerk. The clerk shall supply adequate 935 voting supplies and ballots to the election judges officials. All election judges officials, before 936 entering upon their duties, must subscribe to the oath required of all public officers by the 937 Constitution of the state in the manner prescribed by the clerk. The duties of the election judge 938 official shall be as follows: 939 A. Provide absentee voting in person and special needs voting on any date the election 940 judges officials are available, including the day of the election, following the procedures in KIBC 941 7.50.030 and absentee voting through a personal on any date the election judges • 942 - - - - - - - -- - -- - -- - - - - - - - - -- -- - KIBC 943 7.50.040. aed Voters have until the day of the election to return ballots. 944 B. Sign a voter's by -mail oath and affidavit envelope as an authorized attesting official, 945 except that the judge election official may not attest his or her the official's own ballot. 946 C. Accept receipt of a by -mail voter's hand - delivered voted ballot, which has been sworn to, 947 attested and sealed in the by -mail return envelope. 948 D. Provide general voter assistance including, but not limited to, assistance to a qualified 949 voter who cannot read, mark the ballot, or sign his,�,s nncai ne the register, and providing replacement 950 ballots to voters who have improperly marked or damaged their ballots. 951 E. Date -stamp all ballots received by the election judges officials at their stations. 952 F. Provide for the security and safekeeping of all ballots received by the election judges 953 officials at their stations and present those ballots to the clerk for canvassing. 954 G. The election judges officials for the precincts of Flats, Kodiak No. 1, Kodiak No. 2, Kodiak 955 No. 3 and Mission Road shall receive and date -stamp ballots delivered by the United States 956 Postal Service and present those ballots to the clerk for canvassing. 957 H. Any other duties assigned by the clerk. 958 7.70.040 Notification to voters. 959 In addition to the public notice required by KIBC 7.10.060, the clerk shall send to each voter 960 whose name appears on the official register advance notice of the election at the mailing 961 address stated in the voter's current registration record. The notice will be sent before ballots 962 are mailed, and will include: 963 A. The date of the election. 964 B. Disclosure that the election will be conducted by mail and that no polling place will be 965 available for regular in- person voting on election day. 966 C. Designation of the offices to which candidates are to be nominated or elected and a 967 statement of the subject of the propositions and questions that are to appear on the ballot. 968 D. Designation of the date on which ballots are expected to be mailed to the voters. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 21 of 22 969 E. Designation of the dates upon which a voter who may not have received a ballot can 970 present himself to the appear before a by -mail official and vote in person as specified in KIBC 971 7.70.030. 972 F. A listing of appointed by -mail officials and their hours and locations, and the services they 973 can provide. 974 G. A statement of when the ballots may be voted, and the date upon which the ballot must 975 be postmarked and received by the clerk or received by the by -mail voting official as specified in 976 KIBC 7.70.030 in order to qualify for inclusion in the election tabulation. 977 H. Brief general instructions on how the ballots must be voted and how the oath and affidavit 978 envelope must be completed. 979 7.70.050 Notice of election. 980 For each election conducted by mail, the public notice posted in each precinct and the 981 notice published in newspapers of general circulation in the area of the election jurisdiction will 982 include the information specified in KIBC 7.70.040. 983 7.70.060 Voter instructions. 984 Specific instructions for voting a by -mail ballot and a list of the appointed by -mail officials, 985 their hours and locations, will be mailed to each voter with the ballot. 986 7.70.070 Casting ballots. 987 A. Upon receipt of a mail -in ballot, the voter shall cast his the ballot in the manner specified 988 in KIBC 7.50.050(C) and (D). If the ballot is cast in the clerk's office, the clerk shall retain it for 989 delivery to the canvas board. If the ballot is cast in another location, the voter shall return it by 990 mail to the clerk immediately for delivery to the canvas board. 991 B. A voter who does not receive a mail -in ballot may cast his the ballot in person as 992 specified in KIBC 7.70.030. 993 C. A voter may return the mail -in ballot to a by -mail official as provided in KIBC 7.70.030. 994 7.70.080 Storing ballots. 995 The clerk shall provide for the secure storage of the mail -in ballots received from the voters 996 and by -mail officials until the date set by the clerk for the counting of the ballots. 997 998 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 999 THIS DAY OF 2009 1000 1001 KODIAK ISLAND BOROUGH 1002 1003 1004 1005 Jerome M. Selby, Borough Mayor 1006 ATTEST: 1007 1008 1009 1010 Nova M. Javier, CMC, Borough Clerk 1011 1012 1013 Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 22 of 22 AS Correct AS 26.26 changed to AS29.26 - inaccurate reference 7.10.025 added This section will provide guidance regarding placing propositions and questions on the ballot. This change also coincides with the deadline for filing office. 7.10.040 amended This section states the Assembly lay down the rules and the Clerk administer them. Provision added to clarify additional responsibilities of the Clerk pertaining to the U.S. Voting Rights Act. This section will remind current and future clerks to request pre - clearance from DOJ for special elections. 7.10.050 Added Subsection d Recent change to state law regarding Assembly's option to call a special meeting instead of waiting for a regular election for initiative and referendums. 7.10.060 amended This section is amended to add additional information in the notice of elections such as voter registration and instructions for absentee voting. c This will change the word "specimen" to "sample" which is the terminology we use. Workers find it difficult to post the day before the election and making sure that they're not going to be torn down. d This section adds guidance regarding the State required notice of bonded indebtedness. Having this in the code would be a reminder so we can eliminate mistakes of not publishing. 7.10.090 amended This clarifies the word "registers" meant "precinct registers." Clean up language. 7.10.100 Amended Definitions to include receiving /counting team. 7.20.010 amended A resident of the borough is a resident of the state. Language amended to get it as close as the wording in Alaska Statutes. 7.20.015 Added This section will help the canvass board in determining what is considered a residence of voters which was derieved from AS15.05.020. 7.20.020 Subsection b This restricts serving simultaneously for multiple offices. It is important to note that this does restrict anyone from filing for multiple offices. A person currently holding a seat may run for another seat and may choose to resign the first seat once elected to the second seat. Currently Anchorage, Fairbanks, Kenai, Juneau, Denali, and Ketchikan all have these prohibitions in their codes. There was an attorney's opinion in April 18, 2007 stating "restrictions on holding dual offices are legal." Attorney's opinion dated August 28, 2008 stated that without the restriction in the code, an individual can hold a school board seat and an assembly seat. If the Assembly chooses not to adopt this provision, there is no guarantee that no one will file a lawsuit to challenge a person's service on either board. g Write -in candidates for Mayor, assembly, and school board shall file financial disclosure statements as required by AS 39.50. 7.20.030 amended Title - declaration of candidacy is sufficient - eliminate "by petition" SUMMARY CHANGES TO TITLE 7 Publication changed to earlier publishing due to the change in the filing period. Nominating packets availability will change from August 4 to "no later than the day the filing period opens." Filing period change - example from August 11 -29, 2008 to August 1- 15. Change in the filing period will be cost effective to the Borough. This will allow more time for the pamphlets to be printed in Anchorage and mailed directly from there. A person may not occupy more than one office at one time. (See attorney's opinion attached.) Subsection added to address ambiguity whether a person can serve on different offices. The following municipalities currently have this in their codes: Anchorage, Fairbanks, Kenai, Juneau, Denali, and Ketchikan. 7.20.035 added Public official financial disclosure required for elective borough office and declared write -in candidates. Per AS 15.13.400 "candidate" includes those who campaign as write -in. This subsection applies only to the Mayor, Assembly, and School Board candidates. This does not apply to candidates for service area boards. 7.20.040 subsection b amended Clarification in the manner for correcting, amending, and withdrawing nominating petitions. 7.30.010 amended Various clean up throughout Title 7. "Borough clerk" changed to clerk "Election judges ", "election clerk" changed to election officials Defining familial relationships 7.30.030 amended The words "the appropriate tinted" is unnecessary wording. 7.30.050 Amended Necessary since the State uses touch screens and we are not required to use them. Very expensive equipments if we decide to use them for local elections. This leaves it up to the discretion of the clerk what equipment to use. 7.30.040 amended Lots of wasted ballots if followed. We order based on the historical amount of voters from the years past. 7.30.060 Amended Subsection b "Precinct" word inserted to clarify what kind of register. There are inconsistencies all throughout Title 7. Other cleaned up words: "Rejected ", "damaged" changed to "spoiled" Subsection c Forms of identification instead of detailing them in the code, referred to the State's list/poster. Inserted new rules when it states "Must Show ID" per State's requirement. Subsection f Clarification that a voter may receive up to two replacement ballots. No voter should receive more than three ballots total. Deleted subsection g Moved to 70.30.100 7.30.070 amended Changed title. The rest is mostly clean up language to reflect the current practice of the office. 7.30.080 amended The canvass board "not the clerk" reviews and judges the applicability of all questioned ballots. 7.30.090 Amended Clean up language to reflect current practice. 7.30.100 Amended Extremely outdated. This was in effect in 1986 when ballots were punched. We now use the accu -vote machines. Changed to include closing of the polls process. 7.30.110 amended Extremely outdated also. Changed it to reflect current AS 15.15.350. 7.30.120 amended Extremely outdated also. Changed it to reflect current AS 15.15.360. 7.30.130 Deleted New wording Extremely outdated also. Deleted old wording and included new wording to define the responsibilities of the receiving /counting team. The counting team counts mostly the write -in votes for service areas the night of election. 7.40.010 Amended To clarify that the clerk, when the canvass board refuses to count a ballot, should notify the voter why his ballot was rejected. Subsection e It is preferred to have something in writing if the Clerk were to include tally of votes in the elected results. 7.40.030 Amended Subsection B Language clarification on receiving an application for recount. 7.50.030 Amended Subsection A and B Absentee voting is during regular office hours only. No ballot may be removed from the polling place except for special needs ballot. Subsection D Clarification that a voter may receive up to two replacement ballots. No voter should receive more than three ballots total. 7.50.040 amended Special needs voting is during regular office hours only. No ballot may be removed from the polling place except for special needs ballot. Subsection e A special needs may be returned to any election official, may it be in the clerk's office or the precincts on election day. 7.50.050 amended Change "returned" to "mailed" and "Alaska" to local and "which" to "where." Change to a clearer sentence regarding the deadline for absentee by mail ballots. 7.50.060 Amended Currently the code is too restrictive. It is difficult to get a clerk or a a voter registrar in some of the villages. Proposed to include registered voter. Checked State's and they allow registered voters to work as absentee voting officials. 7.60.010 Amended Subsection c It will be unfair to publish on a proponent or opponent statement. Subsection f Restrictions to the size of candidate's information and statement and adding a disclaimer in the pamphlet. Subsection g Disclaimer that the information is not the opinion of the clerk but of the author. 7.70.030 Amended Clean up to delete Kodiak No. 3, no such precinct. Clean up wording. Title 7 ELECTIONS'' 2 Chapters: 7.10 7.20 7.30 7.40 7.50 7.60 7.70 'For statutory provisions governing municipal elections, see AS 229.26; for provisions requiring the assembly to prescribe the general rules for the conduct of municipal elections, see AS 29.26.010. 2 Editor's note: Chapter 2.01 KIBC, adopted by Ord. 86 -22 -0 and amended by Ord. 88 -05 -0 and Ord. 90 -07, was renumbered and moved to KIBC Title 7 in January 1991 at the direction of the clerk. Chapter 7.10 GENERAL PROVISIONS 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 RED TEXT - TAKEN OUT BLUE TEXT - ADDED/ NEW INFORMATION YELLOW HIGHLIGHT - ATTORNEY'S PROPOSAL Sections: 7.10.010 Incorporation of state and federal law. 7.10.020 Severability. 7.10.025 Propositions and questions. 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 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. 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. ANCHORAGE 28.30.050 Prohibitions. A. A person may not serve simultaneously as mayor and as a member of the assembly, as mayor and a member of the school board, or as a member of the assembly and member of the school board. B. No elected official of the municipality may hold any other compensated municipal office or municipal employment, or elected position in the state or federal government, while in office. C. A candidate for office in an election may not act as an election official in that election. FAIRBANKS NORTH STAR BOROUGH 2.12.230 Prohibitions. (Administration and personnel) A. A person may not serve simultaneously as mayor and as a member of the assembly, as mayor and a member of the school board, or as a member of the assembly and member of the school board. B. No elected official of the borough may hold any other compensated borough office or borough employment, or elected position in the state or federal government while in office. C. No person shall be a candidate for more than one assembly seat at any election. (Ord. 2004- 45 § 2, 2004) KENAI PENINSULA BOROUGH 4.30.060. Prohibitions. (Elections code, under candidate qualifications) A. A person may not serve simultaneously as mayor and as a member of the assembly, as mayor and a member of the school board, or as a member of the assembly and member of the school board. B. No elected official of the borough may hold any other compensated borough office or borough employment, or elected position in the state or federal government while in office. (Ord. No. 94 -08, § 1(part), 1994) CITY AND BOROUGH OF JUNEAU 11.10.020 Eligibility. (Title Assembly, Chapter 11.10 membership) No assemblymember may be an employee of the Bartlett Memorial Hospital, the City and Borough administration or any department or division thereunder, a City and Borough service area, or any municipal board, commission, committee or other group, except for the school district, which is funded in whole or in part by assembly appropriations, nor may an assemblymember serve on the planning commission, the City and Borough personnel board, the school board of the City and Borough, nor any public body created by the assembly except when an assemblymember holds a position on such body as a representative of the assembly. DENALI BOROUGH CODE 8.05.090 F. (Chapter 8 municipal elections /qualifications for borough assembly) No assembly member may hold any other compensated Denali Borough office or employment, or elected partisan political office, while serving on the assembly, unless otherwise provided by an ordinance ratified by the voters of the Denali Borough; KETCHIKAN GATEWAY BOROUGH 25.30.060 Prohibitions (25 elections, 30 candidate qualifications) A. A person may not serve simultaneously as mayor and as a member of the assembly, as mayor and a member of the school board, or as a member of the assembly and member of the school board. B. No elected official of the borough may hold any other compensated borough office or borough employment, or elected position in the state or federal government while in office. BACK UP REFERENCES AS 29.26 deals with Regular and Special elections. AS 4.16.070 deals with sales of alcoholic beverages on Election day. Sec. 29.26.050. Voter qualification. (a) A person may vote in a municipal election only if the person (1) is qualified to vote in state elections under AS 15.05.010 ; (2) has been a resident of the municipality for 30 days immediately preceding the election; (3) is registered to vote in state elections at a residence address within a municipality at least 30 days before the municipal election at which the person seeks to vote; and (4) is not disqualified under art. V of the state constitution. (b) Voter registration by the municipality may not be required. However, in order to vote for a candidate or on a ballot measure relating to a specific local election district or service area, a municipality may by ordinance require that a person be registered to vote in state elections at least 30 days before the municipal election at an address within the boundaries of that local election district or service area. The municipality has the responsibility to determine if a voter meets the requirements of the ordinance and this section. (c) This section applies to home rule and general law municipalities. Sec. 29.26.170. Initiative election. Sec. 29.26.180. Referendum election. (a) Unless substantially the same measure is adopted, when a petition seeks an initiative vote, the clerk shall submit the matter to the voters at the next regular election or, if already scheduled, special election occurring not sooner than 60 days after certification of the petition. If no election is scheduled to occur within 75 days after the certification of a petition and the governing body determines it is in the best interest of the municipality, the governing body may by ordinance order a special election to be held on the matter before the next election that is already scheduled, but not sooner than 60 days after certification of the petition. (b) If the governing body adopts substantially the same measure, the petition is void, and the matter initiated may not be placed before the voters. (c) The ordinance or resolution initiated shall be published in full in the notice of the election, but may be summarized on the ballot to indicate clearly the proposal submitted. (d) If a majority vote favors the ordinance or resolution, it becomes effective upon certification of the election, unless a different effective date is provided in the ordinance or resolution. (a) Unless the ordinance or resolution is repealed, when a petition seeks a referendum vote, the clerk shall submit the matter to the voters at the next regular election or, if already scheduled, special election occurring not sooner than 60 days after certification of the petition. If no election is scheduled to occur within 75 days after certification of a petition and the governing body determines it is in the best interest of the municipality, the governing body may by ordinance order a special election to be held on the matter before the next election that is already scheduled, but not sooner than 60 days after certification of the petition. (b) If a petition is certified before the effective date of the matter referred, the ordinance or resolution against which the petition is filed shall be suspended pending the referendum vote. During the period of suspension, the governing body may not enact an ordinance or resolution substantially similar to the suspended measure. (c) If the governing body repeals the ordinance or resolution before the referendum election, the petition is void and the matter referred shall not be placed before the voters. (d) If a majority vote favors the repeal of the matter referred, it is repealed. Otherwise, the matter referred remains in effect or, if it has been suspended, becomes effective on certification of the election. Sec. 29.47.190. Vote and notice of NexistingM NindebtednessN required. (a) A municipality may incur general obligation bond debt only after a bond authorization ordinance is approved by a majority vote at an election. Any municipal voter may vote in the bond election, except as otherwise provided by law. (b) Before a general obligation bond issue election, the governing body shall have published a notice of the total NexistingM bond Nindebtedness44 at least once a week for three consecutive weeks. The first notice shall be published at least 20 days before the date of the election. A notice must include (1) the current total general obligation Nbondedl4 NindebtednessN, including authorized but unsold bonds of the municipality; (2) the cost of the debt service on the current NindebtednessN; (3) the total assessed value of property in the municipality. Sec. 15.05.010. Voter qualification. A person may vote at any election who (1) is a citizen of the United States; (2) is 18 years of age or older; (3) has been a resident of the state and of the house district in which the person seeks to vote for at least 30 days just before the election; and (4) has registered before the election as required under AS ■15.0744 and is not registered to vote in another jurisdiction. AS 15.07 deals with the registration of voters. ARTICLE V OF THE CONSTITUTION deals with suffrage and elections. AS 15.05.020 identifies the rules for determining residence of a voter. AS 39.50.020 Candidates for elective municipal office shall file the statement at the time of filing a nominating petition, declaration of candidacy, or other required filing for the elective municipal office. Refusal or failure to file within the time prescribed shall require that the candidate's filing fees, if any, and filing for office be refused or that a previously accepted filing fee be returned and the candidate's name removed from the filing records. (see below regarding KIBC 7.20.020) 15.13.400 defines "candidate" means an individual who files for election to the state legislature, for governor, for lieutenant governor, for municipal office, for retention in judicial office, or for constitutional convention delegate, or who campaigns as a write — in candidate for any of these offices. TITLE: Confirmation of Assembly Appointment to the Board of Equalization. SUMMARY: The alternate seat on the Board of Equalization is vacant and expires 2010. An application has been received from Ms. Cheryl McNeil. 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 2, 2009 REGULAR MEETING ITEM NO: 13.D.1 RECOMMENDED MOTION: Move to confirm the appointment of Ms. Cheryl McNeil to the Board of Equalization alternate seat for a term to expire December 31, 2010. 03/09/2009 02:33 9074867090 NAME: Cheryl McNeil HOME PHONE: 486 - 8415 WORK: 486 - 3100 CELL NO E -MAIL: rcneil STREET ADDRESS: 2147 Three Sisters Way MAILING ADDRESS: same LENGTH OF RESIDENCE IN KODIAK: 35 IN ALASKA: 35 ARE YOU A REGISTERED VOTER IN KODIAK? YES (4 NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES (X) NO ( ) COMMUNITY ACTIVITIES: PROFESSIONAL ACTIVITIES: AM OF EXPERTISE AND /OR EDUCATION: B.S.B.A, Accounting 1 AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. 3. A resume or letter of interest may be attached, but is not required. This application will be kept on file for ana ar. Please return the a • • If - on b th ° - dvertised deadline. Wei tO teo Verified By: 1 _ ARAM's Reeldenen: _ •. •" n r Cily t ) Date Appee enit Tenn txpyee en: commarte: GEORGE R RIETH CPA Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL: njavier@kodiakak.us BOARD APPLICATION 2. • STAFF USE ONLY PAGE 01/01 tbCtanentason: Appolntmere Letter Reeler Oaln or Mee: [ - .� Financial credo. e rr. • • E 9 Name Cheryl Boehland PO Box 8529 Kodiak, AK 99615 Karenia Hackett PO Box 3533 Kodiak, AK 99615 Tim Hurley PO Box 864 Kodiak, AK 99615 Cassandra Juenger 3899 Harry Nielsen Kodiak, AK 99615 John Parker PO Box 191 Kodiak, AK 99615 Alternate Vacant Staff: Tom Anderson, Assessor Nova M. Javier, Borough Clerk KIBC 3.20.050 Members. The board of equalization shall be composed of five (5) persons, not assembly members, appointed by the assembly. Revision date: 3/23/2009 Revised by: JK KODIAK ISLAND BOROUGH Board of Equalization Term Home Phone Work Phone Email 2009 539 -8529 cell 486 -3480 chervlboehlandc gmail.com 2010 486 -6168 486 -8111 kareniah(kiha.org 2009 486 -5584 486 -4433 thurley@alaska.com 2011 486 -2221 486 -9325 cassand ra 123Ca).gci. net 2011 486 -3084 486 -3084 toybox@gci.net 2010 486 -9350 486 -9310 tanderson@kodiakak.us njavier @kodiakak.us TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 2, 2008 REGULAR MEETING Declaring a Seat on the Parks and Recreation Committee Vacant. ITEM NO: 13.D.2 SUMMARY: Ms. Lori Demi submitted the attached letter of resignation from the Parks and Recreation Committee on March 11, 2009. 2.100.070 Vacancies. A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. APPROVAL FOR AGENDA: f.Q 4 RECOMMENDED MOTION: Move to accept, with regret, the resignation of Ms. Lori Demi for a term to expire December 31, 2010 from the Parks and Recreation Committee and direct the Borough Clerk to advertise the vacancy per Borough Code. Jessica Kilborn From: Sheila Smith Sent: Tuesday, March 10, 2009 5:41 PM To: Nova Javier; Jessica Kilborn; Marylynn McFarland Cc: Bud Cassidy Subject: FW: Agenda items Attachments: image001.jpg I just received this letter of resignation from Parks & Rec from Lori Demi. Thanks, ( mrSecretary Kodiak Island Borough Community Development Ph. 907- 486 -9363 Fax 907 486 - 9396 PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this e -mail are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Norwegian Wood Farm & Feed [mailto:nwff @acsalaska.net] Sent: Tuesday, March 10, 2009 5 :29 PM To: Sheila Smith Subject: RE: Agenda items Sheila, I am writing this to officially put in my resignation to the parks & rec committee. I have had another surgery and will be out for some time and as it is I have not been able to attend the meetings for quite some time. I would like to thank everybody for being patient with me and forgiving me the opportunity. I may apply to the committee at a later date but as of now it is just not in the cards for me. Thanks, Lori Lori Demi 1 MAR 1 1 2009 Name Lori Demi 10928 Bells Flats Road Kodiak, AK 99615 Pam Foreman, Vice Chair 2010 486 -2588 486 -5557 pam(a)_kodiak.org 1637 Three Sisters Way Kodiak, AK 99615 Kevin Foster 2011 486 -0283 481 -2922 saltrycove anvahoo.com PO Box 3693 539 -2594 cell Kodiak, AK 99615 Jeff Huntley 2009 486 -4013 486 -7620 mhuntlevaptialaska.net 1015 Pine Crescent Kodiak, AK 99615 Rick Lindholm 2011 486 -8297 486 -8111 linna.gci.net PO Box 474 Kodiak, AK 99615 Patrick Saltonstall 2009 486 -2634 486 -7004 pgsaltonagci.net PO Box 3553 Kodiak, AK 99615 Andy Schroeder 2010 481 -1121 539 -1979 aschroederagci.net PO Box 301 Kodiak, AK 99615 Mike Sirofchuck 2011 486 -6498 486 -1203 rakenscrape @hotmail.com PO Box 970 Kodiak, AK 99615 Hans Tschersich 2009 486 -5648 486 -9521 xrayhansyahoo.com 1423 Baranof St. Kodiak, AK 99615 Dave Kaplan (Assembly Rep, non - voting) 486 -1711 486 -1711 david .kaplan @assemblv.kodiakak.us 418A Lilly Drive Kodiak, AK 99615 Kevin Murphy (State Rep, non - voting) 486 -4688 486 -6352 kevin.murphyaC.alaska.gov 1400 Abercrombie Drive Kodiak, AK 99615 Ian Fulp (City Parks & Rec, non - voting) 486 -8670 ifulpacity.kodiak.ak.us 410 Cedar St Kodiak, AK 99615 Peggy Rauwolf (School Brd Rep., non - voting) 486 -8812 prauwolfAgci.com 3571 Patrick Court Kodiak, AK 99615 Staff: Bud Cassidy, Community Development Director 486 -9363 bcassidv @kodiakak.us Duane Dvorak, Community Development Assoc. Planner /LRP 486 -9363 ddvorak@kodiakak.us Martin Lydick, Community Development Assoc. Planner /ENF 486 -9363 mlydick@a.kodiakak.us Sheila Smith, Community Development Secretary 486 -9363 ssmith(cD_kodiakak.us Revision date: 3/23/2009 KODIAK ISLAND BOROUGH Term Home Phone Work Phone 2010 487 -2988 486 -9365 Email nwff @acsalaska.net TITLE: Approval of Revised Planning and Zoning Commission By -Laws. SUMMARY: During its regular meeting of March 18, 2009 the Planning and Zoning Commission reviewed and approved changes to their by -laws and recommended forwarding them to the Assembly for approval. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 2, 2009 REGULAR MEETING ITEM NO: 13.D.3 RECOMMENDED MOTION: Move to approve the revised Planning and Zoning Commission By -Laws. KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION BY -LAWS ARTICLE I— Authority Pursuant to Section 2.100.150 of the Borough Code, these by -laws of the Kodiak Island Borough Planning and Zoning Commission establish the Commission's procedural rules and order of business, except as otherwise provided by law, subject to approval by the Kodiak Island Borough Assembly. ARTICLE II— Definitions As used in these by -laws: "AS" means Alaska Statutes "Assembly" means the Assembly of the Kodiak Island Borough "Chairperson" means the presiding officer of the Planning and Zoning Commission "Commission" means the Planning and Zoning Commission of the Kodiak Island Borough "Commissioner" means a member of the Planning and Zoning Commission of the Kodiak Island Borough "KIBC" means the Kodiak Island Borough Code "Staff" means member of the Community Development Department ARTICLE III — Powers and Duties The powers and duties of the Commission are spelled out in: A. AS Title 29, Chapter 40 Planning, Platting, and Land Use Regulation (Attachment A); B. KIBC Section 2.105.030 (Attachment B); C. KIBC Section 2.100.020 D. Additional duties are also described in KIBC Title 16 Subdivision, KIBC Title 17 Zoning, and KIBC Title 18 Borough Real Property. ARTICLE IV— MEMBERSHIP The membership requirements of the Commission are identified in: A. KIBC Sections 2.105.010 and 2.105.020 (Attachment B); and B. KIBC Section 2.100.030 through 2.100.100 (Attachment C). ARTICLE V— Officers and Duties A. Election At its regular meeting in January of each year, the Commission shall elect a Chairperson and Vice - Chairperson from among its members. The Vice - Chairperson shall act in the absence of the chairperson or in the inability of the chairperson to act. (KIBC 2.100.110). B. Duties 1. The Chairperson shall preside at all meetings and hearings, call special meetings, perform the duties normally conferred by parliamentary usage on such office and such duties as may be prescribed by the Commission. 2. The Chairperson may enter into the discussion of a matter before the Commission. 3. In the absence of the Chairperson and Vice - Chairperson, the senior member shall preside at the meeting. ARTICLE VI— Quorum and Voting Requirements A majority (four) of the authorized members of the Commission constitutes a quorum for transaction of business. The affirmative votes of the majority (four) of the authorized members of the Commission are required to carry a question. In the absence of a quorum for the transaction of business, any number less than a quorum may recess a meeting to a later time and date. ARTICLE VII-- Meetingsl Meetings of the Commission shall be open to the public and notice posted by the Borough Community Development Office (KIBC 2.100.030). A. Regular Meetings 1. The Commission shall hold regularly scheduled meetings on the third Wednesday of each month (KIBC 2.200.030). 2. At 5:00 p.m. on the working day of each month, the agenda for the following month's regular meeting will close for public hearing and new business items. B. Special Meetings Special meetings may be called by the Chairperson of the Commission, or the municipal employee who is designated as an ex officio member of the Commission pursuant to Section 2.100.170 of the Borough Code, or a majority of the Commission (KIBC 2.100.130). C. Work Session The second Wednesday of each month will be designated as the packet review work session, with the express purpose of reviewing the information for the upcoming regular meeting. Minutes for the packet review session will be taken by the Community Development staff. The Commission may schedule other work sessions at its discretion. ARTICLE VIII— Conflict of Interest The rules of conduct regarding conflict of interest are delineated in: A. KIBC Section 2.100.140 (Attachment C); and B. KIBC Section 2.34.010 (Attachment D). ARTICLE IX— Procedure A. Parliamentary Authority 1. The Community Development Department Secretary will be Parliamentarian for the Planning & Zoning Commission. B. In all matters of procedure not covered by rules adopted by the Commission, Robert's Rules of Order; Newly Revised (10 Edition) by Henry M. Robert, shall be applicable and shall govern. (KIBC 2.100.150) Genduet of Mcotings 1. The order of business at regular meetings shall be as follows: a) Call to Order; b) Roll Call; c) Approval of Agenda; d) Reading of minutes and action thereon; e) Appearance requests and audience comments; f) Public Hearings; g) Old Business; h) New Business; i) Communications; j) Reports and staff comments; k) Audience Comments; 1) Commissioners' Comments; and m) Adjournment 1 Interpretation of "regular meeting" to mean "all scheduled meetings of the Commission, both public hearing meetings and work sessions" approved by the Commission on August 8, 1982. Ratified by the Assembly on September 2, 1982. 2. The Commission may vote to dispense with any item on the agenda or to change the order of business. C. Findings In cases where the Commission is required to base its decision on specific findings, the Commission may defer the approval of these findings until the next regular meeting of the Commission. D. New Information The Commission may choose not to consider any new information submitted less than seven (7) days prior to a regular meeting date. New Information introduced after the seven (7) day deadline may be considered by the Commission for action at a future meeting or referred to the staff for study. E. Time Limit Meetings shall not continue beyond 11:00 p.m. unless there is a vote by the majority of the Commission to continue the meeting. If business has not been completed by the 11:00 p.m. deadline, and no extension is provided, the meeting will recessed and reconvened at a time and a place to be established by a majority of the Commission present. ARTICLE X— Public Hearings A. Notice At least fourteen (14) days before the date of a hearing, the Commission shall publish in a newspaper of general circulation in the jurisdictional area a notice of the subject, time and place of the hearing. B. Procedures Conduct of public hearings. The Chairperson shall: 1. Preside at all public hearings; 2. State a summary of the question or issue at the opening of the hearing, limiting its contents to the subject advertised for hearing; 3. Specify the method of conduct of the hearing; 4. Assure an orderly hearing, having the power to terminate the hearing if, in his or her opinion, persons become unruly; 5. Announce that all questions and comments shall be directed through the Chairperson only after the speaker has been properly recognized; 6. Direct each speaker recognized to give their name and, if appropriate, the name of person or organization which the speaker represents; 7. The Chairperson may set a reasonable time limit for the receipt of testimony at public hearings; 8. Direct that copies of prepared statements be given to the secretary to become a part of the record; 9. Call for statements from proponents and opponents giving an equal opportunity for comment; 10. Close the hearing to the receipt of public testimony when all who wish to speak have spoken or if the time limit set by the Chairperson has expired; and, 11. Declare the hearing to be closed or state the time, place and date upon which the hearing will be continued, after Commission members, being properly recognized at the conclusion of public testimony, have completed questioning of any person presenting testimony. ARTICLE XI— Reports and Minutes The Community Development Department will have the staff reports for public hearing petitions available for review by the applicant and Commission members 12 days prior to the public hearing. The Commission shall keep minutes of the proceedings and such minutes shall record the vote of each member upon every question formally presented for consideration. The minutes shall be filed in the office of the Borough Clerk and shall be a public record, open to inspection by any person (KIBC 2.100.160). ARTICLE XII —Ex Officio Members and Staff The duties of ex officio members and staff are delineated in KIBC Section 2.100.170 (Attachment C). ARTICLE XIII— Amendments A. Procedure 1. By -law amendments may be proposed in writing by any Commissioner or staff at a regular meeting. 2. Approval of the proposed amendment requires an affirmative vote of the Commission at a meeting subsequent to the introduction of the amendment. B. Approval 1. No amendment shall be effective until approved by the Assembly. Amendment creating Article VI, Section A through F approved by the Commission on August 8, 1082. Ratified by the Assembly on September 2, 1982. Amendments to Article VI— Meetings, and Article VII — Conduct of Meetings, approved by the Commission on September 19, 1984. Ratified by the Assembly on October 4, 1984. Amendments to Article II— Definitions and Article III — Powers and Duties, approved by the Commission on December 18, 1985. Amendments to the entire By -Laws, approved by the Commission on December 21, 1988. Ratified by the Assembly on January 19, 1989. Amendments to Articles I, III, IV, VII, and IX, approved, approved by the Commission on May 21, 2003. Ratified by the Assembly on August 21, 2003. Amendments to Articles VII, X, and XI, approved by the Commission on January 18, 2006. Ratified by the Assembly on March 16, 2006. CALL TO ORDER CHAIR DOLPH, called the meeting to order at 7:31 p.m. ROLL CALL Members present were C. Davidson, M. Dolph, R. Nelson via teleconference, J. Pickett and D. Canavan. A quorum was established. Also present were Chief Himes and M. Barber, recording Secretary, R. Tucker, Kodiak Island Borough and B. McNeil. Chair Dolph welcomed the new Board member D. Canavan. APPROVAL OF AGENDA It was MOVED, C. Davidson and seconded to approve the Agenda. Motion Carried. APPROVAL OF PREVIOUS MINUTES It was MOVED, C. Davidson and seconded to approve the Minutes of August 19, 2008. Motion Carried. ACKNOWLEDGE RECEIPT of FINANCIAL REPORT It was MOVED, J. Pickett and seconded to acknowledge receipt of the Financial report. VISITOR COMMENT B. McNeil told the Board that the apparatus would fit in his shop but he talked to his insurance company and they would drop his homeowner's insurance if he stores it there. He told the Board he would have to find another source of insurance while it's in the shop because they would consider it a business instead of an extension on his homeowner's. REPORTS Page 1 of 4 a. Chief Report FIRE PROTECTION AREA NO.1 BOARD REGULAR MEETING OCTOBER 21, 2008 @ 7:30 p.m. BAYSIDE FIRE HALL MAR 1 7 2009 Chief Himes said he was going to present the new Capital Budget that Finance wanted him to put together but wasn't able to get all the pricing from the Projects Department. He is putting it together as a package to show the whole price from the land purchase all the way to the paving and sprinkler system so when it goes down to Juneau the backup will show the total amount of money spent on the project. He said as soon as he gets the package from the Projects office he will present it to the Board. He told the Board the Borough received the grant for public safety upgrade and communications upgrade to upgrade all the radios with AES incription for Bayside, Womens Bay, the Hospital and Chiniak EMS first responders. At this time the City of Kodiak is still not interested in giving access to their radios with AES incription, however the USCG will be going on line with all their non marine radios with AES incription. He sent the Draft RFP to B. Cassidy at the Borough and they should see some action on that soon. He told the Board that J. Pickett has been working very hard with Fire Prevention Week. None. b. Staff Report c. Chair Report Chair Dolph gave the Board Jensen Yorba & Lott's time schedule for the design and construction of the new building. It is on hold due to other priorities of the Architect, but should be back on track in mid December. He told the Board the Clerk's office is holding an "Alaska Open Meetings Act" and "Roberts Rules of Order" training on December 13 if anyone was interested in attending. ITEMS OF DISCUSSION: a. Snow Removal Contract (Possible Action Item) Chair Dolph introduced B. Tucker, the Maintenance Coordinator for the Borough. B. Tucker told the Board the Borough will amend the Facilities contract to incorporate Bayside Fire Station into it. The contractor's price for plowing would be $170 per call out and if gravel is requested, $160 per load or 2 tons of gravel/chips per trip. Chief Himes would be the person to make the call to the contractor. Discussion followed and some points that were made are how payment will be made, who would determine the need, budget adjustments needed to be made. It was Moved, C. Davidson and seconded to Establish a G/L Account for Snow Removal/Grading and Seed it with $5000 from the Contingency Account. Motion Carried by a Roll Call Vote. b. Tree Removal — Bayside Property (Possible Action Item) Chair Dolph told the Board there are 10 trees behind the Fire Station that need to be removed. It was discussed at the work session and decided to drop the trees and let the volunteers take them for firewood. Chief Himes told the Board he contacted three vendors for prices and P. Hansen would fall the trees for free and the Board could do what they wanted with the trees. Page 2 of 4 It was Moved, C. Davidson and seconded to have P. Hansen with the Sawmill fall the trees. Discussion followed regarding liability insurance. Motion Carried by a unanimous voice vote. c. Annual Election — Board Officers (if full membership is present or teleconferenced in.) Chair Dolph opened the floor for nominations of Board Chair. It was Moved, C. Davidson and seconded to elect M. Dolph as Chair. Motion Carried by a unanimous voice vote. Chair Dolph opened the floor for nominations of Board Vice - Chair. It was Moved, C. Davidson and seconded to elect R. Nelson as Vice - Chair. Motion Carried by a unanimous voice vote. VISITOR COMMENTS None BOARD COMMENTS R. Nelson congratulated M. Dolph for being elected as Chair. J. Pickett said Fire Prevention is going well. He said it's exciting to go out to the schools and see all the kids. They see you in the stores and recognize your face. Parents are stopping and saying, wow my kid went home and they checked all their smoke detectors and are doing everything they practiced with. He told the Board that there are still schools to hit, but they are going to get to all of them hopefully by December. He's looking forward to it again next year. He welcomed D. Canavan as the new Board member and thanked Chair Dolph for all his hard work that he's put into the project. C. Davidson said he echoes J. Pickett's comments and welcomed D. Canavan to the Board and appreciated Chair Dolph's hard work along with staffs. D. Canavan stated he was too new to have any comments and thanked Chair Dolph for convincing him that it was a good idea. Chair Dolph told the Board he appreciates all the Board Member interest and appreciates them very much. He also stated he appreciated all the staff help and support. He shared with the Board a poster from Anchorage Fire Department which his son designed and his grandbaby was in. Page 3 of 4 MEETING SCHEDULE Chair Dolph reminded the Board the next Work Session is scheduled for November 4 and he would be out of town. R. Nelson agreed to Chair the work session via teleconference. The next Regular Meeting is scheduled for November 18 ADJOURNMENT Meeting adjourned at 8:23p.m. SUBMITTED BY: Mary J. Bar KIB Engine APPROVED BY: Page 4 of 4 citifies Department ike Dolph, Chair Fire Protection Area No. 1 Board Date: /(o 6 4 -0 ? Meeting Started: 7:02 p.m. Monashka Bay Road Service Area Bayside Fire Station September 17, 2008 Roll Call: - Present are; Randy Spivey, Chaz Glagolich, Darlene Turner, Jim McCullough and Drew DeVries. Public Comments: none Minutes: Jim McCullough moves to accept minutes for March 11, 2008. Randy seconds motion. Approved unanimously. Old Business: Road Maintenance Work Plan FY 09- At this point off of Marmot Rd., Harbor Way is completed. Island Cir still needs to be ditched. And Ridge Way needs attention. We have spent close to $2,000 for hydro seeding. Marmot was one of our main concerns this year and we still need to address the guard rail repair. Our 5 year plan is slowly turning into a 6 or 7 year plan of getting the roads up to Borough codes. Twice in July, culverts doubled back up hill with too much water and no where for it to go. Discussion was made to possibly make steps to get Three Sister's and Marmot on the CIP list. Also we would like to see the pond committee take more interest in our drainage issues. This should be brought before the Borough's Work Session with Engineer's recommended options. We strongly feel that the roads have never been up to Borough Codes to start with. Road Signs that were purchased earlier are needed to be put up. New Business: a. Plugged culverts - Recently, the road mid -way on the main hill of Three Sister's was washed out twice. And the resident who owned the culvert that has gotten plugged was put on notice. They are on the understanding that next time they shall pay for the repair of Three Sister's. Possibly we could write them a letter to put it in writing. b. Bills for Culverts - Our contractor, Kevin Arndt needs a written request for prices for of culverts that were installed and paid for by us within the last fiscal year. These culverts need to be charge to the residents involved by the Borough. Contact via phone or face to face doesn't seem to be working. c. Fence on Mountain View - A letter written by the borough, concerning the fence that is bottled necking the road and disrupting snow removal. Also, it possibly could cause damage to vehicles taking a wide turn on the ice. Woody's office will be contacted with details of our instructions. d. Elections are in November. Chaz's seat is up for a 3 year term. Anyone interested would have to be written in at this point. Also Jim advises us that come June 2009 he will have to vacate his seat due to re- location issues. #A9 a 20 09 1 Board Comments: Jim McCullough We need to see a resolution on the letter to borough for billing on the culverts. If it Be ets any longer is might be tough to track down responsible parties. November 19 is the next Borough work session and we should have our steps in order to ask to get on the CIP list. Chaz Glagolich — We should try to get the signs up by the end of the month. And the owners of the fence on Marmot need to take down or relocate it on their property. This is a good time to do so, because they have now taken down their house and are rebuilding it new. Randy Spivey feels it was a good meeting and has not more to add. Drew DeVries said he will try his best to get our concerns on the Boroughs desk for them to write the official letters. A draft should be send to all of us before the final mailings. Darlene Turner appreciates everyone for staying on top of our contractor. And if anyone sees any more damage to roads or projects please start the phone tree. Adjournment: 8:30 p.m. ene T President Date Dre DeVries Date nashka Bay Road Service Area Secretary/ Treasurer 2 s Public Comments: none Monashka Bay Road Service Area Bayside Fire Hall November 19, 2008 v € Meeting Started: 7:02 p.m. Roll Call: Randy Spivey, Chaz Glagolich, Darlene Turner, Jim McCullough and Drew DeVries. Minutes: Chaz makes motion to approve September 17` 2008 minutes. Randy seconds motion. Minutes were approved unanimously. New Business: Next years' meetings will begin at 7pm at Bayside Fire Station, except the spring walk - around. The schedule is as follows; March 5th, March 31 May 16` (spring walk - around 10 -2), September 23 and November 11 Old Business: Road Maintenance Work Plan FY 09 — As a reminder, we started this year and concentrated mostly on Marmon. Harbor Way is done for the season. Island Circle has been ditched. Ridge Circle still needs to be done. We spent just over $2,200 on hydro seeding. The guardrail on Marmott still needs to be fixed. Fence on Mt. View has been taken down. The large culverts on the bottom of Three Sisters have not been done. We will hold off till next year. Two other roads also didn't get ditched this season. This year for road maintenance $14,000 didn't count towards ditching, but hydro seeding was. Invite need to be send to Chris Lynch (as hired Engineer), Pond Committee, and Borough Assembly for spring walk - around. Try to get pond and Marmott for road base reconstruction on CIP list. We should get everything in order before talking to Woody. Mt. View's up hill slope at the top is leading to problems. Bushes have been removed for snow removal between down hill houses. But once it freezes everything goes where is shouldn't. Kevin Ardnt suggested putting six to eight inches of gravel on top of Mt. View. Also the turn on the bottom Three Sisters needs to be built up. We need approval from four residences at the bottom Three Sisters for culverts in their driveways. Financial: We plan to lower the Mill Rate as soon as the roads are up to Borough Codes and the Reserves are back up (Fund Balance). Once infrastructure and road services are done next year, and then we can take a look at doing a new assessment and form a new time line. Board Comments: Chaz Glagolich — Bringing the Roads up to code and maintaining them has been a major expense to the home owners. The Borough should never have released the roads to the Road Service to begin with. Since then we have been playing catch up. 1 • 1 Randy Spivey — would like us to talk to Tracy at the Borough about the garbage can at the top of Three Sisters. Is it cost effective to drive garbage to Bayside. More people are taking their garbage with them to work and using the dumpsters there. Possibly could we ask for a bigger can to be place at the top of Three Sisters? Jim McCullough — is concerned with Lou Docterman starting a junkyard on Three Sisters. So far several flats with vehicles on them have been removed. Is this a contaminated site? And is he building a shed for more stuff there? Drew DeVries — I will continue to try to get figures from Mary (Borough) for culverts. And I will talk to Fire Chief Himes and the Borough about our next years' meeting schedule. Maybe these resident that we are considering putting culverts in there driveways should sign a letter of approval or something before we consider this. Darlene Turner — appreciates everyone coming out tonight. Adjournment: 8:19 p.m. 3- VS ar ene er Date Drew D nes Date reside onashka Bay Road Service Area Secretary/ Treasurer No public attendance showed up 2 PARKS & RECREATION COMMITTEE REGULAR MEETING JANUARY 13, 200 MINUTES CALL TO ORDER VICE CHAIR FOREMAN called to order the January 13, 2009 Parks & Recr meeting at 7:02 p.m. Committee Member Mike Sirofchuck Pam Foreman Hans Tschersich Kevin Foster Patrick Salstonstall Arid Schroeder Present X X X X X Absent Excused X X Others Present Bud Cassid Communi Develo.ment Sheila Smith Communi Develo.ment A quorum was established. COMMITTEE MEMBER SALTONSTALL MOVED TO EXCUSE CHAIR SIROFCHUCK and COMMITTEE MEMBER SCHROEDER. Voice vote on motion CARRIED unanimously. APPROVAL OF AGENDA COMMITTEE MEMBER TSCHERSICH MOVED TO APPROVE the agenda as presented. Voice vote on motion CARRIED unanimously. MINUTES OF PREVIOUS MEETINGS COMMITTEE MEMBER SALTONSTALL MOVED TO APPROVE the October 14, 2008 and December 23, 2008 Parks & Recreation Committee Meeting Minutes. Voice vote on motion CARRIED unanimously. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. OLD BUSINESS A) Trails Plan - RFP Cassidy stated we don't have a lot to add but we still don't have it out yet. Andy came by to get some Near Island maps. We are doing this conversion on our website and Cassidy hopes to have the RFP out in the next couple of weeks. We are real close to the putting the GIS maps in. We are getting a lot of off island interest and the thinking is to give folks as much of an understanding of the topography that we are dealing with, the kinds of issues we are dealing Page 1 with, and the data that we had previously probably wasn't good enough because it was just raw data. Part of the proposal is understanding what the project is and raw data doesn't give them a good understanding about what the project is. VICE CHAIR FOREMAN expressed concern over waiting on this. Mike Sirofchuck and a couple of others mentioned their concern to her that the further we push this, weeks down the road we get into summer. We are into the end of February. Cassidy stated we can put the RFP out and then do an addendum which includes back up material. We will get out the basic RFP so folks can start looking at it and after reading it they will be forming their response. Formatting and forming it and then we'll do the mapping as an addendum. The committee was in agreement with this. VICE CHAIR FOREMAN said we need to be prepared to start looking through stuff probably the end of February, early March. Cassidy said the committee will be the review committee and making decisions. B) Recreational Amenities Cassidy stated he tracked the recreational amenities down and the attorney has concerns that have to do with the requiring of private parties to set property aside without compensation. The attorney asked that a preamble be put together and Duane has put it together. The next step is to send it to the attorney to review. This is somewhat back on track because P&Z is looking to rewrite the zoning code which will include the recreational amenities. NEW BUSINESS A) Elections — Chair & Vice Chair COMMITTEE MEMBER SALTONSTALL nominated Mike Sirofchuck for Chair There were no more nominations. Voice vote on nomination for Mike Sirofchuck for Chair CARRIED unanimously. COMMITTEE MEMBER HUNTLEY nominated Pam Foreman for Vice Chair. There were no more nominations. Voice vote on nomination for Pam Foreman for Vice Chair CARRIED unanimously. COMMUNICATIONS A) January 21, 2008 Planning & Zoning Commission Agenda Cassidy gave a report on the cases before the commission at their next regular meeting. During discussion of the Stratman rezone, it was the consensus that there is concern about having public access to Kalsin Creek. COMMITTEE MEMBER SALTONSTALL MOVED that the Parks & Recreation Committee is concerned with the potential impact on people if option 2 is selected, however, the Parks & Recreation Committee supports cluster type development with intervening green space, and if option 2 is selected the Parks & Recreation Committee recommends the green space be maintained as public access. Committee discussion. COMMITTEE MEMBER HUNTLEY MOVED TO AMEND the motion to read "The Parks & Recreation Committee is concerned with the potential impact on people if option 2 is selected, Page 2 however, the Parks & Recreation Committee supports cluster type development with intervening green space, and if either option is selected the Parks & Recreation Committee recommends the green space be maintained as public access." Roll call vote on amended motion CARRIED. Roll call vote on motion CARRIED. REPORTS Meeting schedule: • January 27, 2009 Parks & Recreation Committee meeting at 7:00 p.m. in the KIB School District Conference Room • February 10, 2009 Parks & Recreation Committee meeting in the KIB School District Conference Room Kevin Foster stated he may be gone January 27 and February 10 but if he is in town he will be here. Peggy Rauwolf won't be here for the February 10` meeting. Hans said he will be gone February 10` and February 24` AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBER'S COMMENTS Peggy Rauwolf thanked everyone for allowing her to be here. Jeff Huntley stated the maps aren't accurate that the consultant for Omar provided. Patrick Saltonstall said he goes to Island Lake cross country skiing and it seems everyone is following the rules, although one of the neighbors said people aren't following the rules. ADJOURNMENT COMMITTEE MEMBER HUNTLEY MOVED to adjourn. The meeting was adjourned at 8:40 p.m. ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: March 10, 2009 Page 3 PARKS AND RECREATION COMMITT REGULAR MEETING FEBRUARY 24, 2009 MINUTES j LI MAR 1 3 2009 CALL TO ORDER VICE CHAIR FOREMAN called to order the February 24, 2009 Parks & meeting at 7:14 p.m. ROLL CALL 1 eation Committee Committee Members Mike Sirofchuck Pam Foreman Hans Tschersich Kevin Foster Jeff Huntley Patrick Saltonstall Andy Schroeder Rick Linholm Lori Demi Present X X X X X X X X X Excused X X Absent X X Others Present Bud Cassidy Community Development A quorum was established. COMMITTEE MEMBER SALTONSTALL MOVED to excuse COMMITTEE MEMBERS SIROFCHUCK & LINDHOLM. Voice vote on motion CARRIED unanimously. APPROVAL OF AGENDA COMMITTEE MEMBER TSCHERICH MOVED to add to the agenda: meeting regularity and P&Z cases. Voice vote on motion CARRIED unanimously. MINUTES OF PREVIOUS MEETINGS There were no minutes provided for this meeting. AUDIENCE COMMENTS Two residents of the Katmai Subdivision, Alan Weltse and Gary Kernan Spoke about the vacation of Perenosa Drive. Requested was a larger pocket park and the retention of a pedestrian easement. It is important to the neighborhood with over 40 kids. These kids walk to KANA fields; folks access the bike trail by using the undeveloped right of way of Perenosa. Mr. Kernan stressed how Perenosa is used by residents of Katmai Subdivision and those in the Larsen apartments further up Sharatin road. Also used by others from Spruce Cape area. Asked that the committee support this trail. Discussion when it would be before the commission and the need for the P&R to review before it gets to the commission OLD BUSINESS A) Road System Trails Master Plan Cassidy briefed the committee on what to expect when we receive responses to the Trails Master Plan RFP. A packet of information on the process was included in the meeting material. Basically the P&R committee will be the review committee and make the selection. This recommendation will be forwarded to the Assembly and become a contract. As a reviewer, each member will get a copy of all the RFP's. The next step is to rate the responses and narrow down to a number of firms that the committee will want to interview. The next stage is to interview firms based on a set of questions and select a firm that the committee is most comfortable in working with for the next year or when the project is complete. This effort will require time and dedication on the part of the committee members to review each and every RFP and attend meetings as a firm is selected. Bud mentioned to the committee to be thinking about what products or "deliverables" the committee is looking to be produced by this effort. Will it be Booklets, internet accessible, down loaded onto a GPS? Bud also mentioned that the plan will discuss the issues of: conflicts between incompatible uses on a trial as well as public trails on private lands. It is important to invite representatives of the Native Corporations to these meetings. They are the largest landowner on the road system. It was made clear by the committee that urban trails as well as trails (like the one on Perenosa) that connect neighborhoods with schools and recreational facilities will be looked at. The issue of Bus routes to schools (safe trails to schools) requires more explanation. Bud will get that. The committee discussed that asking the consulting firms what are the products that they have produced for other communities will provide them with the knowledge on what is available. NEW BUSINESS A) Meeting regularity COMMISSIONER FOSTER was concerned that with the sporadic meeting schedule, the committee is missing out on a lot that the committee should be involved with. VICE CHAIR FOREMAN spoke about the committee missing out on reviewing Planning and Zoning cases. A perfect example was the Ken Warner Conditional Use Permit. That is a perfect case to address. The last committee meeting would have been a good time to discuss, but was cancelled. The group discussed meeting cancellations. There is a need to have good communication between members and CDD staff. Should a meeting be cancelled, CDD staff sends messages to the radio stations informing folks of the cancelled meetings. The group discussed maybe to show up even if there is not confirmed quorum. The concern is that the public be involved. It was agreed that the P&R Chairman make the decision to cancel a meeting. Email notification works best. B) P&Z Cases The group discussed the Ken Warner Conditional use Permit _This is a case that will be coming before the P&Z Commission on February 25, 2009. A long and lively discussion about this case 2 and the pros and cons of commercial recreation impact on local residents and local resources found along the road system occurred. The committee also talked philosophically about subjects like the carrying capacity of an area. In the end the following motion was adopted: COMMITTEE MEMBER FOSTER MOVED that the Kodiak Island Borough Parks and Recreation committee has concerns regarding the increased commercial use of this and other areas zoned conservation including access routes and resulting impacts on the natural resources and recreational experience. We encourage the Planning and Zoning Commission to consider these concerns in this and in future requests. Roll call vote on motion CARRIED unanimously. COMMUNICATIONS There were no communications. REPORTS A) Meeting schedule: • March 10, 2009 Parks & Recreation Committee Meeting at 7:00 p.m. District Conference Room • March 24, 2009 Parks & Recreation Committee Meeting at 7:00 p.m. District Conference Room Vice Chair Foreman announced the P&R meetings for the month of March AUDIENCE COMMENTS There were no audience comments COMMITTEE MEMBER COMMENTS There were no committee member's comments. ADJOURNMENT COMMITTEE MEMBER SALTONSTALL MOVED to adjourn the meeting at 9:20 ATTEST By: � e Dci m O.1 Sheila Smith, Secretary APPROVED: March 10, 2009 3 B M in the KIB School in the KIB School ofchuck, Chair Commissioner Present Absent Excused Others Present Mr. King X Bud Cassidy Mr. Watkins X Community Development Ms. Janz X Sheila Smith Mr. Kersch X Community Development Mr. Torres X Ms. Vickstrom X Vacant February 25, 2009 CALL TO ORDER Kodiak Island Borough Planning & Zoning Commission Minutes AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests PUBLIC HEARINGS ssembly Chambers CHAIR KING called to order the February 25, 2009 regular meeting of the Planning and Zoning Commission at 7:30 p.m. ROLL CALL A quorum was established. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED to approve the February 25, 2009 Planning & Zoning agenda. Voice vote on motion CARRIED unanimously. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED to approve the January 21, 2009 Planning & Zoning Regular Meeting Minutes with the change to the first line of "COMMISSIONER WATKINS MOVED TO EXCUSE COMMISSIONER KERSCH due to him being on vacation." A) Case 09 - 010. Request a Conditional Use Permit, according to KIBC 17.200 and KIBC 17.50.040.D, to allow a Lodge and related facilities for up to twelve (12) clients. The applicant is Ken Warner. The location is Warner's Saltery Cove Subdivision, Lot 9 and it is zoned C- Conservation. Cassidy gave a brief staff report and stated staff recommends that the Commission grant the conditional use permit with appropriate stipulations. CHAIR KING asked Cassidy if the fencing requirement talked about in Dorman's letter is in the borough code. February 25, 2009 P&Z Guidelines Page 1 of 5 Cassidy said there isn't anything in the borough code but there are probably some requirements with the State of Alaska. COMMISSIONER JANZ asked if in that reference if that is a concern of Mr. Dorman that it be fenced. Cassidy stated he's not sure, he just knows there is a concern about fencing that the applicant and the grazer need to work out. COMMISSIONER WATKINS MOVED to grant a conditional use permit (CUP), according to KIBC 17.200 and KIBC 17.50.040.D, to allow a Lodge and related facilities for up to twelve (12) clients, subject to two (2) stipulations, and to adopt the findings contained in the staff report dated February 4, 2009, as Findings of Fact for case 09 -010. The stipulations : 1. The applicant is required to submit to the Community Development Department a current As -Built Survey, correctly locating the constructed improvements and disclosing the dimensional size of the improvements within 12 months. 2. The applicant is required to obtain an "After- the - Fact" zoning compliance permit for the construction of all improvements not covered by the previously issued zoning compliance permit BZ2005 -63. Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: Commission discussion. STIPULATIONS 1. The applicant is required to submit to the Community Development Department a current As -Built Survey, correctly locating the constructed improvements and disclosing the dimensional size of the improvements within 12 months. 2. The applicant is required to obtain an "After- the - Fact" zoning compliance permit for the construction of all improvements not covered by the previously issued zoning compliance permit BZ2005 -63. FINDINGS OF FACT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The general area has long been used by Kodiak residents for recreational purposes without regard to ownership. In the past, this situation (ownership responsibility) has resulted in abuses such as trash and garbage accumulation, as well as uncontrolled ATV impacts, negatively impacting the recreational experience for many responsible users. Passage of a portion of these public lands into private ownership, with consequent development that establishes an onsite presence should act to ameliorate, to a degree, such past excesses. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. February 25, 2009 P&Z Guidelines Page 2 of 5 The requested Conditional Use is a listed conditional use in the applicable zoning district, and the Planning & Zoning Commission has exercised appropriate over - sight. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. Responsible development that meets the requirements of the Alaska Department of Conservation and follows the guidelines of the Alaska Department of Fish and Game pertaining to bear attractants will protect the public's health and safety. The construction of lodge facilities sufficient to accommodate twelve clients will also provide minimally sufficient refuge for the general public in cases of genuine emergencies. 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The subject parcel exceeds the zoning district's minimal size requirement. The submission of an As -Built Survey, per Stipulation No. 1, will document existing setbacks that meet regulatory requirements. 5. The proposed use or structure is located in a manner which will maximize public benefits. As a private development the use will maximize, to the extent possible, public benefits via tax revenue generation. Roll call vote on motion CARRIED 6 -0. B) Case 09 - 012. Request a rezone investigation, according to KIBC 17.85, 17.75, & 17.205, from R1- Single Family Residential to R3 -Multi Family Residential. The applicant is Jon C. Stratman. The location is 2713 Spruce Cape Road and it is zoned R1- Single Family Residential. Cassidy gave a brief staff report and stated staff recommends the commission forward this rezone request to the Assembly with a recommendation that it be approved. COMMISSIONER TORRES MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 10A -2, U.S. Survey 3099 from R1- Single - family Residential to R3- Multi- family Residential, and to adopt the "Findings of Fact" in the staff report dated February 4, 2009 in support of this recommendation. Close regular meeting: Open public hearing: Fred Barber, 2695 Spruce Cape Road, spoke opposing this request. Jon C. Stratman, applicant, spoke in favor of this request. Mendy Pruitt, Kodiak Island Housing Association, spoke in favor of this request. Vicki Klaever, KIHA, spoke in favor of this request. Mary Barber, 2695 Spruce Cape Road, spoke opposing this request. Melissa Borton spoke in favor of this request. February 25, 2009 P&Z Guidelines Page 3 of 5 Sarni King, Kodiak High School and KIHA, spoke in favor of this request. Close public hearing: Open regular meeting: Committee discussion. Roll call vote on motion FAILED due to a 3 -3 tie vote. The ayes were WATKINS, JANZ, and KERSCH. The noes were KING, TORRES, and VICKSTROM. The Findings of Fact were deferred until the March 18, 2009 Planning & Zoning Regular Meeting. C) Case S09 - 014. Request an easement vacation, according to KIBC 16.60, to allow a reduction in width for an existing 50 -foot "Easement for Salmon Stream" as depicted on Plat 2006 -13, essentially creating a 50 -foot buffer area along both sides of Panamaroff Creek, to be reduced in width to 20 -feet on both sides of Panamaroff Creek, a reduction of 30 feet on both sides of the creek. Cassidy gave a brief staff report and stated staff recommends this vacation request be postponed until the March 18, 2009 regular meeting. COMMISSIONER JANZ MOVED to postpone Case S09 -014 until the March 18, 2009 regular Planning and Zoning Commission meeting, subject to the timely submittal of a more detailed information related to the need for the vacation and specifically showing what level of requested relief is necessary to accommodate ADEC requirements for on- site septic system development. Close regular meeting: Open public hearing: Chris Lynch, agent, spoke in favor of this request. Close public hearing: Open regular meeting: Commission discussion. Roll call vote on motion CARRIED 6 -0. OLD BUSINESS A) Planning & Zoning Commission By -Laws CHAIR KING stated this is carried over from last month for adoption but after Smith and I attended training in Seattle we would like to discuss the By -Laws more at the March 11th work session and adopt them at the March 18, 2009 Planning & Zoning Regular Meeting. NEW BUSINESS There was no new business. COMMUNICATIONS There were no communications. February 25, 2009 P&Z Guidelines Page 4 of 5 REPORTS A. Meeting Schedule: • March 11, 2009 work session at 7:30pm in the KIB Conference Room. • March 18, 2009 regular meeting at 7:30pm in the Assembly Chambers. B. Minutes from Other Meetings • December 23, 2008 Parks & Recreation Committee Meeting Minutes • October 14, 2008 Parks & Recreation Committee Meeting Minutes Cassidy gave a brief staff report on the meeting schedule, other minutes, the budget, the Trails Plan, and the Pre Hazard Mitigation Plan. COMMISSIONER TORRES MOVED to accept reports as presented. Voice vote on motion CARRIED unanimously. AUDIENCE COMMENTS Jon C. Stratman expressed concern that rezoning his property is not spot zoning, and past rezones in the area that were denied. He also felt that at least one commissioner would have a conflict of interest in this case and should have removed himself from the vote. Vicki Klaever reiterated they are not proposing a boardinghouse, a halfway house, or any kind of residential treatment facility. They are proposing a residence to accommodate 10 -12 people. COMMISSIONER'S COMMENTS COMMISSIONER JANZ welcomed Jennifer Vickstrom. COMMISSIONER WATKINS congratulated Duane Dvorak for Employee of the Quarter. He also said he wished the Stratman case went differently, and he thanked everyone for coming in. COMMISSIONER TORRES explained to Mr. Stratman that according to the borough code it specifically states that he would have to have a financial stake in it, which he does not. ADJOURNMENT With no objection, the chair adjourned the meeting at 8:50 p.m. A'1"I EST: By: �LSh aka Ccnr1c Q.J Sheila Smith, Secretary APPROVED: March 18, 2009 By: e Dave King, Chair February 25, 2009 P&Z Guidelines Page 5 of 5 KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: 4/a/pq Please PRINT your name Please PRINT your name 4 1 ON o The mayor may not vole except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. --_, S3A Ms. Branson I Mr. Friend dinj •sW Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby 0 W m m i J ON Z A 4 t, Z o W S3A i Ms. Branson Mr. Friend din j . sw Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby � o �1^ z O W m N t 6 ON S3A t--- Ms. Bransor Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes IEIR VOTE? VI TOTAL: Mayor Selby il i ---- y- i-• � O w m vn ' ON 2 3A Ms. Branson Mr. Friend din j •sVN Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby o z O w 03 cn ON S3A Ms. Branson Mr. Friend din j •sW Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby 0 5 al 0 )- w m N ON o The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the ass6mbly. S3A Ms. Branson Mr. Friend 4- din j •sIN Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby _ -.., * ON c3 ` Ms. Bran Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby G Z O 5.: W m . z5 7 c ,.. c ,.. — 1/4 t. 6 V s m u) 3 c. 1 J ON c . S3A . N.. Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes * IEIR VOTE? VI TOTAL: Mayor Selby ‘. ,,T A 7c\>s 11 z .,. __ m cn ON r Ms. Branson I Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby N . `'i f ,--, O W m to ‘c%).....) ,___ ON S3A V Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby W W N ca J a J J J 0 CO 2 W co 0 2 CC m G z 0 O U m G z 0 w cn ON The mayor may not vote except in the case wherebnly six members of the assenibly are present and there is a three /three tie vote of the assembly. S3A Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby m 0 z 0 w cn LN S3A Ms. Branson Mr. Friend ding 'SW Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes :1V101 Mayor Selby >- m c ON 93A Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan )1`' Ms. Lynch Ms. Stutes IEIR VOTE? V TOTAL: Mayor Selby c z 0 w cn >- m -s ON 0 6 3A v Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffre Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby ° z 0 w en � �. ON S3 T L.. J z s C o Ms. Branson Mr. Friend dlnj . sIN Ms. Jeffrey uelde}I •�w Ms. Lynch Ms. Stutes TOTAL: Mayor Selby c 0 0 Kodiak Island Borough Assembly Regular Meeting Guidelines April 2, 2009, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to specifically excuse any Assembly members that are absent. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and consent agenda. Clerk's Note: The school district was not able to provide information on the student of the month award recipient in time for the regular meeting. The March 2009 Financial Report will be presented at the next regular meeting of the Assembly. Attached on paper is a copy of Resolution No. FY2009 -29. Copies are made available to the public. Recommended motion: Move to amend the agenda and consent agenda by removing Awards and Presentations Item 5.A Student of the Month Award, Informational Materials Item 17.B.1 Kodiak Island Borough March 2009 Financial Report, and adding Item 13.B.5 Resolution No. FY2009 -29. Per KIBC 2.30.060(C) Agenda Additions. A subject not on the agenda may be considered only by unanimous consent, and when the time for its consideration arrives, the chair shall lay it before the assembly. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA AND CONSENT AGENDA. ROLL CALL VOTE ON MAIN MOTION AS AMENDED. 5. APPROVAL OF MINUTES A. *Regular Meeting Minutes of March 5, 2009 and Special Meeting Minutes of March 12, 2009 Kodiak Island Borough Assembly Guidelines April 2, 2009 Page 1 6. AWARDS AND PRESENTATIONS A. Kodiak Beautification Awards — Mayor Selby This is the inaugural year for the Kodiak Beautification Awards sponsored by Spenards Builders Supply and recognized by the Kodiak Island Borough. These awards will be given out each year to recognize an individual, a residence, and a business that has significantly contributed to beautifying the Kodiak Island Borough. The individual and residence awards were presented at the last regular meeting. The business beautification award goes to Jack and Judy Johnson, Owners of the Kodiak Harbor Convention Center for their efforts in remodeling a downtown building and developing the Harbor Convention Center on the corner of Shelikof Street, Marine Way, and Rezanof Drive. B. Sexual Assault Awareness Month Proclamation — Mayor Selby C. Child Abuse Prevention Month Proclamation — Mayor Selby 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736 Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance FY2009 -01 D Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. Recommended motion: Move to adopt Ordinance No. FY2009 -01 D. Staff report — Manager Gifford Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. Kodiak Island Borough Assembly Guidelines April 2, 2009 Page 2 13. NEW BUSINESS Clerk's Note: Before the contract for Bayside Fire Station Addition can be authorized the Assembly must first adopt the resolution allowing for Fire Protection Area No. 1 to borrow monies to partially fund the construction contract. Recommended motion: Move to suspend the rules and take up item 13.B.1 Resolution No. FY2009 -25 Authorizing Fire Protection Area No. 1 to Borrow Funds from the Facility Fund to Complete the Bayside Fire Station Addition. ROLL CALL VOTE ON MOTION TO SUSPEND THE RULES. (Once the rules are suspended, see 13.B.1 Resolution No. FY2009 -25 Authorizing Fire Protection Area No. 1 to Borrow Funds from the Facility Fund to Complete the Bayside Fire Station Addition below.) Staff report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON THE MOTION. A. CONTRACTS 1. Contract No. FY2009 -16 with Dowland Construction, Inc. of Anchorage, AK for the Construction of the Bayside Fire Station Addition. Recommended motion: Move to authorize the Manager to execute Contract No. FY2009 -16 with Dowland Construction, Inc. of Anchorage, AK for the construction of the Bayside Fire Station Addition in an amount not to exceed $1,802,382. B. RESOLUTIONS 1. Resolution No. FY2009 -25 Authorizing Fire Protection Area No. 1 to Borrow Funds from the Facility Fund to Complete the Bayside Fire Station Addition. Recommended motion: Move to adopt Resolution No. FY2009 -25. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Resolution No. FY2009 -26 Approving the Village of Karluk and its Native Village Council to Participate in the FY2010 Community Revenue Sharing Program. Recommended motion: Move to adopt Resolution No. FY2009 -26. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines April 2, 2009 Page 3 3. *Resolution No. FY2009 -27 Participating in the AMUJIA Loss Control Incentive Program. 4. Resolution No. FY2009 -28 Supporting the Alaska Commission on Aging 2009 Priorities and Urging the Alaska Legislature to Implement These Priorities. Recommended motion: Move to adopt Resolution No. FY2009 -28. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 5. Resolution No. FY2009 -29 Appointing Karleton G. Short as Acting Borough Clerk for the Purpose of Executing and Delivering on Behalf of the Borough the General Obligation Refunding Bonds, 2009 Series A and Other Documents that are to be Executed and Delivered by the Borough in Connection with the Issuance and Delivery of the Bonds if the Borough Clerk is Unable to Attend Due to Air Transportation Disruptions. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2009 -19 Amending the Kodiak Island Borough ,Code of Ordinances Title 7 Elections. Oil) wct 010 re Ulet-I { OA ilk Recommended motion: Move to adopt Ordinance No. FY2009 -19 in first reading to advance to public hearing at the next regular meeting of the Assembly. 'The A s‘er melt . e v1`t - (ktArsdA ,Moyr_‘, 2 0, YC?ti tCV�'' ° u tee.6ovt s^ e oy { ,Ytat!t . 'e Staff Report — Clerk Javier , 7 . r i . ; 6 , k 0 -4 e. WM a, . 0 ii + k• ~i / ":. (id j e Ocf.� [ , jj ti.B t A-f 1 49 , 4 +&c `11(iV t = rut4 move `'mac 4 tWyct Assembly discussion and amendments may be offered at this time. 4; r . 6 ,, ROLL CALL VOTE ON MOTION. -Yks � , g CP �� Y � ! � eGt r ,< D. OTHER ITEMS ("1k - it a6 ` 604 1d be in,z 1. Confirmation of Assembly Appointment to the Board of Equalization. Recommended motion: Move to confirm the appointment of Ms. Cheryl le v, "I McNeil to the Board of Equalization alternate seat for a term to expire 4,,g December 31, 2010. Staff report — Clerk Javier &? ' :,t fee _ , Y per VD reki6r, Y eal ROLL CALL VOTE ON MOTION. `p w C ti Vt �.�i. C ! �I Kodiak Island Borough April 2, 2009 Recommended motion: Move to adopt Resolution No. FY2009 -29. Staff report — Clerk Javier Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. i rk • F r,* Assembly Guidelines Page 4 s r 2. *Declaring a Seat on the Parks and Recreation Committee Vacant. 3. *Approval of Revised Planning and Zoning Commission By -Laws. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby. The Assembly will be holding a special work session at 8:30 p.m. with the Solid Waste Advisory Board to discuss the Draft RFP for Solid Waste Collection Services. The next Assembly work session is scheduled on April 9, 2009 at 7:30 p.m. in the Borough Conference Room. The next Assembly regular meeting -ie scheduled on Thursday, April 16, 2009 at 7:30 p.m. ' [has been cancelled]. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines April 2, 2009 Page 5