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].
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KODIAK ISLAND BOROUGH
ASSEMBLY WORK SESSION
Work Session of: / 0J
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