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2008-12-02 Work SessionKodiak Island Borough Assembly Work Session Tuesday, December 2, 2008 7:30 p.m., Borough Conference Room Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions are NOT considered part of the official record. Citizen's comments intended for the "official record" should be made at a regular Assembly meeting. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) ITEMS FOR DISCUSSION 1. To Form of a Committee for a Proposed New High School 2. To Give Direction for Attorney Services — RFP or Renew 3. To Review the Attendance Code Requirement 4. To Recommend a Kodiak Island Borough Representative to SWAMC PACKET REVIEW PUBLIC HEARING Ordinance No. FY2009 -10 Rezoning Proposed Tract F Within US Survey 2261 And US Survey 4947 From C- Conservation To Li- Light Industrial Zoning District (Case 09 -002.) Ordinance No. FY2009 -11 Rezoning A Tract Of Land In The Larsen Bay Townsite Legally Described As Tract A, Block 3, Lot 1 From R1- Single Family Residential To B- Business District (Case No. 03 -011.) Ordinance No. FY2009 -12 Amending Kodiak Island Borough Code Of Ordinances Title 15 Buildings And Construction To Standardize The Kodiak Island Borough And The City Of Kodiak Building Codes. RESOLUTIONS Resolution No. FY2009 -13 Adopting a 2009 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. Resolution No. FY2009 -14 Adopting the Kodiak Island Borough All Hazard Mitigation Plan and All Local Community Annexes to that Plan. ORDINANCES FOR INTRODUCTION Ordinance No. FY2009 -13 Amending Kodiak Island Borough Code Of Ordinances Title 3 Revenue And Finance Chapter 3.35 Real Property Tax Section 3.35.080 Reserve Policies. Ordinance No. FY2009 -01 C Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. OTHER ITEMS Mayoral Appointments of Assembly Representatives to Boards and Committees. - Confirmation of Mayoral /Assembly Appointments to Different Boards, Committees, and Commissions. Recommendation for Appointment to Board Seats on the Providence Health System Kodiak Island Service Area Community Board. Continued on next page MANAGER'S COMMENTS CLERK'S COMMENTS MAYOR'S COMMENTS ASSEMBLY MEMBERS COMMENTS Chapter 2.100 BOARDS, COMMITTEES, AND COMMISSIONS Page 1 of 5 Sections: 2.100.010 2.100.020 2.100.030 2.100.040 2.100.045 2.100.050 2.100.060 2.100.070 2.100.080 2.100.090 2.100.100 2.100.110 2.100.120 2.100.130 2.100.140 2.100.150 2.100.160 2.100.170 2.100.180 Chapter 2.100 BOARDS, COMMITTEES, AND COMMISSIONS . Board, committee, and commission members subject to this chapter. Powers and duties. Appointments. Qualifications. Repealed. Terms. Compensation. Vacancies. Notice of impending vacancy. Applications. Nominations. Officers. Quorum and voting requirements. Meetings. Conflict of interest. Procedure. Reports and minutes. Ex officio members and staff. Termination. 2.100.010 Board, committee, and commission members subject to this chapter. All boards, committees, and commissions, with the exclusion of the board of equalization and service area advisory boards, shall be governed by each of the provisions set forth in this chapter. [Ord. 98 -02 §8, 1998; Ord. 87 -29 -0 §3, 1987. Formerly §2.39.010]. 2.100.020 Powers and duties. A. The assembly, by ordinance, may provide for advisory, regulatory, appellate or quasi - judicial boards or commissions. The ordinance shall prescribe the duties and qualifications of members. c./ B. The assembly, by ordinance, may create or designate itself to be a board of review, adjustment or equalization. The ordinance shall prescribe the rules of procedure. [Ord. 87 -29 -0 §3, 1987. Formerly §2.39.020]. 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. [Ord. 02 -09 §3, 2002; Ord. 02 -05 §2, 2002; Ord. 98 -02 http: / /www.codepublishing.com/AK/ kodiakislandborough lhtml /KodiakIslandBorough02 /... 11/24/2008 1. Begin the planning process Jul 2007 2. Forecast student enrollment Sep 2007 3. Determine educational feasibility Jan 2008 4. Establish architectural feasibility Mar 2008 5. Prioritize needs May 2008 6. Adopt findings of the needs assessment May 2008 7. Choose to build a new school or renovate existing structures Jun 2008 8. Develop capital budget estimates Jul 2008 9. Acquire financing for the project (First Bond Attempt) Oct 2008 10. Appoint the school principal 11. Select an architectural firm 12. Design the school 13. Stipulate the needed school furniture 14. Select the Construction Manager 15. Schedule the Project 16. Obtain 35 percent cost drawings 17. Prepare final construction documents 18. Secure final cost estimates 19. Advertise bids for construction 20. Receive bids for construction 21. Award construction contract 22. Obtain permits to begin construction 23. Advertise bids for school furniture 24. Receive bids for furniture 25. Construct the school 26. Monitor construction program 27. Install furniture 28. Complete punch list/verify performance 29. Accept the school 30. Orient school staff and community to building 31. Evaluate the school planning, design, and construction process 32. Complete warranty inspection Kodiak Island Borough School District High School Facility Project List: Chapter 2.65 BOROUGH ATTORNEY Page 1 of 1 Sections: 2.65.010 2.65.020 2.65.030 Borough attorney. Procedure for appointment. Service and removal. Chapter 2.65 BOROUGH ATTORNEY This page of the Kodiak Island Borough Code is current through Ordinance FY2009 -01, passed June 5, 2008. Disclaimer: The Borough Clerk's Office has the official version of the Kodiak Island Borough Code. Users should contact the Borough Clerk's Office for ordinances passed subsequent to the ordinance cited above. Borough Website: http: / /www.kodiakak.us/ Telephone number: (907) 486 -9310 Oocky # 2 2.65.010 Borough attorney. Because the borough may sue and be sued and may enter into legal agreements, the assembly may retain legal counsel to act on the borough's behalf and to be recognized as the attorney. [Ord. 87 -10 -0 §2, 1987. Formerly §2.24.010]. 2.65.020 Procedure for appointment. The assembly shall appoint the attorney by resolution. [Ord. 87 -10 -0 §2, 1987. Formerly §2.24.020]. 2.65.030 Service and removal. The attorney shall serve at the pleasure of the assembly and may be removed by order of the assembly. [Ord. 87 -10 -0 §2, 1987. Formerly §2.24.030]. Code Publishing Company Voice: (206) 527 -6831 Fax: (206) 527 -8411 Email: CPC @codepublishing.com http: / /www.codepublishing.com/AK/ kodiakislandborough /html/KodiakIslandBorough02 /... 11/24/2008 KODIAK ISLAND BOROUGH RESOLUTION NO. 2001 -07 Introduced by: Manager Jensen Requested by: Assembly Drafted by: Manager Jensen Introduced: 02/15/2001 Adopted: 02/15/2001 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH NAMING THE KODIAK ISLAND BOROUGH ATTORNEY WHEREAS, pursuant to Kodiak Island Borough Code Section 2.24 et.seq. the assembly shall appoint the borough attorney by resolution; and WHEREAS, the attorney serves at the pleasure of the assembly; and WHEREAS, the assembly believes that the law firm Jamin, Ebell, Schmitt and Mason has capably performed duties as attorney; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that this resolution replaces Resolution No. 97 -42 and herewith names the law firm Jamin, Ebell, Schmitt and Mason as borough attorney. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTEENTH DAY OF FEBRUARY, 2001. , 4z/i , udith A. Nielsen, cMc, Borough Clerk KODIAK ISLAND BOROUGH Robin Heinrichs, Borough Deputy Mayor Kodiak Island Borough, Alaska Resolution No. 2001 -07 Page 1 of 1 KODIAK ISLAND BOROUGH RESOLUTION NO. 97 -42 A RESOLUTION RETAINING LEGAL COUNSEL FOR THE KODIAK ISLAND BOROUGH Introduced by: Mayor Selby Requested by: Assembly Drafted by: Mayor Selby Introduced: 09/23/97 Amended: 09/23/97 Adopted: 09/23/97 Reconsidered: 10/02/97 Amended: 10/02/97 Adopted: 10/02/97 WHEREAS, the Kodiak Island Borough assembly has need of legal counsel since the Borough, from time to time, may sue and be sued; and WHEREAS, the assembly desires to retain legal counsel to act on the Borough's behalf and to be recognized as the Borough attorney; and WHEREAS, a regular review and reauthorization of legal counsel by the assembly is a good way of doing business; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that this resolution replaces Resolution No. 87 -38 -R that retains legal counsel for the Kodiak Island Borough. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the law firm of Jamin, Ebell, Schmitt and Mason is hereby retained as the Kodiak Island Borough attorney to represent the Kodiak Island Borough in matters of law and that said law firm will be reimbursed at the rate of $ 150.00 per hour for such representation, unless otherwise specified at the onset of a particular litigation. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the assembly shall seek alternative counsel to represent the Borough when conflicts of interest arise. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that this agreement is valid for three years, ending September 30, 2000, at which time this agreement must be reauthorized or new legal counsel obtained. Kodiak Island Borough, Alaska Resolution No. 97 -42 Page 1 of 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the assembly shall meet with legal counsel on six month intervals to discuss legal matters, and at such other times that a particular legal issue needs discussion. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SECOND DAY OF OCTOBER, 1997 Donna F. Smith CMC /AAE orough Clerk KODIAK ISLAND BOROUGH i p e M. Selby, Borough Mayo �� .cz,. tiu•Lc�iLtL% Robin Heinrichs, Presiding Officer Je L Kodiak Island Borough, Alaska Resolution No. 97 -42 Page 2 of 2 ATTEST: KODIAK ISLAND BOROUGH RESOLUTION NO. 87 -38 -R A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY RETAINING LEGAL, COUNSEL WHEREAS, the Kodiak Island Borough Assembly has need of legal 'counsel since the borough from time to time may sue and be sued; and . WHEREAS, the Assembly desires to retain legal counsel to act on the borough's behalf and to be recognized as the borough attorney; NOW, THEREFORE, BE IT RESOLVED by the Kodiak Island Borough Assembly that the law firm of Jamin, Eball, Bolger and Gentry is hereby retained as borough attorney to represent the Kodiak Island Borough in ;matters of law and that said law firm will be reimbursed at the rate of 1$125.00 per hour for such representation. SE IT FURTHER RESOLVED that the Assembly shall seek ,Ialternative counsel to represent the borough when conflicts of interest arise. PASSED AND APPROVED THIS 7th DAY OF JULY Clerk , 1987. ATTEST: KODIAK ISLAND BOROUGH ORDINANCE NO. 87 -10-0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY ESTABLISHING A PROCEDURE FOR OBTAINING LEGAL COUNSEL FOR THE BOROUGH WHEREAS, Alaska Statutes allows the assembly to provide the manner of appointing legal counsel; and WHEREAS, the Kodiak Island Borough has need of legal counsel to represent the borough and be recognized as the borough attorney: NOW, THEREFORE, BE IT ORDAINED by the Kodiak Island Borough Assembly that Section 1. This ordinance is of a permanent and general nature and shall become a part of the Code. Section 2. A new chapter, 2.24, is hereby enacted as follows: otpg Clot' Adoption Date: Recommended By: Drafted By: ,CMc. lazIE July 7, 1987 Borough Mayor Borough Clerk Chapter 2.24 BOROUGH ATTORNEY 2.24.010 Borough Attorney. Because the borough may sue and be sued and may enter into legal agreements, the borough assembly may retain legal counsel to act on the borough's behalf and to be recognized as the borough attorney. 2.24.020 Procedure for Appointment. The assembly shall appoint the borough attorney by resolution. 2.24.030 Service and Removal. The borough attorney shall serve at the pleasure of the assembly and may be removed by order of the assembly. PASSED AND APPROVED THIS 7th DAY OF JULY Bores gh Mayor Pr's ding Officer First Reading, Approval Date: June 4, 1987 Second Reading, Public Hearing, Approval Date: July 7, 1987 , 1987. 2.30.020 General rules. A. Public Meetings. All official meetings of the assembly shall be open to the public. The journal of proceedings shall be open to public inspection. B. Quorum. Four members of the assembly shall constitute a quorum. Attendance of assembly members shall be in person and may not be by teleconference, except for work sessions and emergency meetings. In the event of an emergency meeting, the provisions set in AS 44.62.310 shall be followed. C. Absences. No member of the assembly may absent himself from any regular or special meeting of the assembly except for good cause. An assembly member who is unable to attend a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, the chair shall cause the record to reflect the absence of the member, the reason for the absence and whether the absence is excused by the assembly. D. Rules of Order. "Robert's Rules of Order Current Edition" shall govern the proceedings of the assembly in all cases, unless they are in conflict with these rules. When such a conflict exists, this chapter prevails. [Ord. FY2007 -14 §2, 2007; Ord. 2001 -11 §2, 2001; Ord. 98 -02 §4, 1998; Ord. 93 -69 §2, 1993; Ord. 86- 13 -O(A) §3, 1986. Formerly §2.17.020]. 2.25.060 Declaring and filling vacancies. A. The assembly shall declare an assembly member's seat vacant when the assembly member: 1. Fails to qualify or take office within 30 days after election or appointment; 2. Is physically absent from the municipality for 90 consecutive days unless excused by the governing body; 3. Resigns and the resignation is accepted; 4. Is physically or mentally unable to perform the duties of office as determined by a two- thirds vote of the governing body; 5. Is convicted of a felony or of an offense involving a violation of the oath of office; 6. Is convicted of a felony or misdemeanor described in AS 15.56 and two- thirds of the members of the governing body concur in expelling the person elected; 7. Is convicted of a violation of AS 15.13; 8. No longer physically resides in the municipality and the governing body by a two- thirds vote declares the seat vacant; this subsection does not apply to a member of the governing body who forfeits office under AS 29.20.140(a); or 9. If a member of the governing body misses three consecutively held regular meetings and is not excused. B. If a member of the governing body misses one -half of the meetings held in any year of his or her term of office, each year between November 1st and October 31st, the seat shall be automatically vacated. (Definition of OMA for meetings: a gathering of members of a governmental body when . . . more than three members or a majority of the members, whichever is less, are present, [and] a matter upon which the governmental body is empowered to act is considered by the members collectively . ) C. If Tess than 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared vacant and more than 90 days remain in the term, then the clerk shall publish reasonable public notice of the vacancy and, for 14 days after the first publication thereof, receive applications from persons interested in being appointed to the vacant seat. The assembly shall review the applications and may interview applicants. Not later than 30 days after the seat is declared vacant, the assembly shall appoint from among the applicants a qualified person to fill the vacant seat. D. In appointing a person from among the applicants, the assembly shall utilize the voting procedures specified in KIBC 2.30.040(A) for the election of the deputy presiding officer. E. Notwithstanding subsection C of this section, if the membership of the assembly is reduced to fewer than four assembly members, then the remaining assembly members shall appoint as many qualified persons to the assembly as is necessary to once again constitute a quorum. The assembly shall utilize any procedure which is reasonable under the circumstances in making the appointments required by this subsection and shall make said appointments not later than seven days after the quorum was reduced to less than four assembly members. F. Persons appointed to fill a vacancy shall serve until the next regular election, at which time a successor shall be elected to fulfill the remainder of the unexpired term of office. [Ord. FY2008- 12 §2, 2008; Ord. FY2005 -07 §4, 2004; Ord. 98 -02 §4, 1998; Ord. 90 -18 §2, 1990; Ord. 79 -11- 0, 1979; Ord. 74 -6 -0 §5, 1974; prior code Ch. 2 subch. 2 §5. Formerly §2.16.060]. DO(.) gobs2 4c%&e/ �/akr. ; _1(ir,k r S M 13.t.L\-1 I � �l0.vIQ� /(\axm\ Q SeO TT 1I 7 I � I n�t� N/41,,,, Cra ' Y Please print your name KODIAK ISLAND BOROUGH ASSEMBLY WORK SESSION Work Session of: / 0J Please print your name