2010-11-04 Regular Meeting Kodiak Island Borough
Assembly Regular Meeting Agenda
Thursday, November 4, 2010, 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 (*e) are considered to be routine and non - controversial
by the Assembly and will be approved by one motion. There will be no separate
discussion of these items unless an Assembly member so requests, in which case the
item will be removed from the Consent Agenda and considered in its normal sequence
on the agenda.
5. APPROVAL OF MINUTES •
A. Regular Meeting of October 7, 2010.
6. AWARDS AND PRESENTATIONS
A. Student of the Month
7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
A. Agenda Items Not Scheduled for Public Hearing and General Comments
8. COMMITTEE REPORTS
9. PUBLIC HEARING
10. BOROUGH MANAGER'S REPORT
11. MESSAGES FROM THE BOROUGH MAYOR
12. UNFINISHED BUSINESS
13. NEW BUSINESS
A. Reorganization of the Kodiak Island Borough Assembly
1. Election of the Deputy Presiding Officer.
B. Contracts
C. Resolutions
1. *Resolution No. FY2011 -11 Identifying Responsibility for the Maintenance
of the Anton Larsen Dock Replacement.
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
D. Ordinances for Introduction
1. Ordinance No. FY2011 -06 Amending the Kodiak Island Borough Code of
Ordinances Title 8 Health and Safety Chapter 8.30 Prohibition of Smoking.
2. Ordinance No. FY2011 -07 Amending Title 3 Revenue and Finance Chapter
3.40 Personal Property Tax.
E. Other Items
1. Accepting a FEMA HMGP Grant for the Seismic Upgrade of the Kodiak
Middle School Gymnasium.
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. Planning and Zoning Commission Regular Meetings of July 21, 2010, and
August 18, 2010.
2. Womens Bay Service Area Board Regular Meeting of September 14, 2010.
B. Reports
1. Kodiak Island Borough September 2010 Financial Report.
Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments
and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2
KODIAK ISLAND BOROUGH
Assembly Regular Meeting
October 7, 2010
A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, October 7,
2010, 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 Sergeant Major David Blacketer of the Salvation Army. Mayor
Selby led the Pledge of Allegiance.
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, Community
Development Director Bud Cassidy, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland.
KAPLAN moved to excuse Assembly member Branson who was absent due to personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA AND CONSENT AGENDA
FRIEND moved to approve the agenda and consent agenda as submitted.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
A. Regular Meeting Minutes of September 2, 2010, were approved under the consent agenda.
AWARDS AND PRESENTATIONS
Mayor Selby proclaimed October 2010 as Domestic Violence Awareness Month in Kodiak and
encouraged all citizens of Kodiak to actively support and participate in the ongoing programs
designed to reduce and eventually eliminate violence as a social problem.
Curator Patrick Saltonstall and Deputy Director Amy Steffian of the Alutiiq Museum gave a
presentation on the artifacts being requested to be donated by the Kodiak Island Borough to the
community repository in the trust of the museum
Mayor Selby proclaimed the month of October as Filipino American National History Month as
established by the trustees of the Filipino American National Historical Society.
CITIZENS' COMMENTS
Steve Branson, Oliver Holms, Kim Tommitt, Shaun Dochterman, and Daniel Miller spoke on the
crab rationalization letter submitted to the North Pacific Fishery Management Council regarding
the lack of public process.
Mary Guiles Hawver, Interim Director of Providence Kodiak Island Counseling Center, thanked
the Kodiak Island Borough for Contract No. FY2011 -14 which allowed them to give services to
the Kodiak Island Borough School District for School Year 2010 -2011.
Harold Jones spoke against the proposed closure of tanner crab fishing grounds.
Kodiak Island Borough Assembly Minutes
October 7, 2010 Page 1
COMMITTEE REPORTS
Assembly member Fulp representing the Assembly on the Kodiak College Advisory Board
reported that the college received a $2 million grant and outlined the teacher education
program.
Assembly member Jeffrey reported on the Kodiak Fisheries Advisory Committee meeting held
September 17, 2010, at the Kodiak Community College.
PUBLIC HEARING
None.
BOROUGH MANAGER'S REPORT
Manager Gifford reported on the following:
• Jack Maker was hired as the Borough Enforcement Officer.
• The Borough started the code revision rewrite process, and the consultants met with
different community agencies and groups. A Project Advisory Committee (PAC) was
being established to work with the consultants.
• Contaminated soil from the high school oil tank was removed from school property to the
borough owned property at the end of Selief Lane. Samples of the soil were sent for
testing.
• The Bayside Fire Station hosted an open house October 9, 2010, to celebrate Fire
Prevention Month and the Fire Station addition.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Selby reported on the following:
• Congratulated Jessica Kilborn for her Certified Municipal Clerk designation.
• Congratulated Jamie Bethea for becoming State Champion in Cross Country.
• Commended Boy Scout Troop 626, especially Greg D'Elia, for their work at the City
Cemetery.
• Kodiak Island Borough's current process on fisheries policy through the Fisheries Task
Force.
• The letter that was submitted to the North Pacific Fisheries Management Council and the
process.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Contracts
1. *Contract No. FY2011 -14 Providence Kodiak Island Counseling Center Services to the
Kodiak Island Borough School District for School Year 2010 -2011. This item was approved
under the consent agenda.
The agreement between the Kodiak Island Borough and Providence Kodiak Island Counseling
Center ( "Contractor ") set forth the terms and conditions pursuant to the contractor providing
mental health services for the Kodiak Island Borough schools. The contractor worked with the
School District to identify and document a mutual understanding of the program's scope and
requirements with a focus on ensuring the greatest amount of quality service within the
budgeted amount of $381,350.
Kodiak Island Borough Assembly Minutes
October 7, 2010 Page 2
2. Contract No. FY2011 -15 Purchase and Install Warning Sirens and Train Local Personnel in
Old Harbor, Ouzinkie, Larsen Bay, and Akhiok on the Operations and Maintenance of these
Sirens.
JEFFREY moved to authorize the manager to execute Contract No. FY2011 -15 with Federal Signal
Corporation of University Park, Illinois for the purchase and installation of warning sirens and training
of local personnel in Old Harbor, Ouzinkie, Larsen Bay, and Akhiok on the operations and
maintenance of sirens in the amount not to exceed $202,518.
The Borough received a number of grants to install warning sirens in remote communities around
the island. One grant was a State legislative grant for $100,000. The Borough also received a
number of other grants from the Division of Emergency Management totaling $180,000 to locate
sirens in rural communities around the island. The scope of work for this project included installing
warning sirens, making sure they were operational, as well as providing training to local personnel
on siren operation and maintenance. The recent focus on providing sirens on Kodiak Island was part
of a larger overall State effort to have a network of sirens operational along coastal Alaska which
was considered a vulnerable area for natural hazards.
The Borough advertised, bid the project, and received one response from a siren manufacturer. The
single bid submitted was from a signal manufacturer that had an Anchorage office and uses off-
island Alaskan contractors to perform any of the work required. Federal Signal Corporation's bid of
$202,518 performed the work requested.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan,
Lynch, and Stutes.
Resolutions
None.
Ordinances for Introduction
None.
Other Items
1. Approval of Matching Funds for the Alaska Fisheries Development Foundation Grant.
FULP moved to authorize the manager to expend funds in the amount of $17,000 to the Kodiak
Chamber of Commerce as matching grant funds for a $17,000 grant provided from the Alaska
Fisheries Development Foundation.
The Kodiak Chamber of Commerce applied for a grant from the Alaska Fisheries Development
Foundation (AFDF). The grant funds were to be used to market Kodiak salmon as a unique
product based on the use of renewable energy sources for processing. The marketing approach
would use a mix of direct contact, traditional media, and social media channels, as well as
collaborative efforts with other organizations to help promote and position Kodiak harvested and
processed salmon as a unique product, based on the use of renewable energy sources for
processing.
The Kodiak Chamber of Commerce was contracted by the City of Kodiak and the Kodiak Island
Borough to provide economic development services within the Kodiak Island Borough. This
project met the goal of achieving stability and diversification in the fishing industry with the
Kodiak Region. The AFDF was willing to provide a $17,000 matching grant. The Kodiak
Chamber of Commerce requested that the Kodiak Island Borough provide the match of
$17,000. Funding would come from the Economic Development Department.
Kodiak Island Borough Assembly Minutes
October 7, 2010 Page 3
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch,
Stutes, and Friend.
CITIZENS' COMMENTS
None.
ASSEMBLY MEMBER COMMENTS
Assembly members Stutes spoke of her election and congratulated Jessica Kilborn. She also
addressed the letter submitted to the North Pacific Fishery Management Council and requested
that it be rescinded. Assembly member Stutes also asked that an ordinance be submitted at the
next work session that addressed issues where the Assembly was represented in written
documentation.
Assembly member Friend congratulated Jessica Kilborn on her CMC designation and also
requested that the letter submitted to the North Pacific Fishery Management Council be
rescinded.
Assembly member Fulp spoke on the process of the Assembly's policy in connection with
correspondence.
Assembly member Lynch congratulated Jessica Kilborn and thanked the Alutiiq Museum for
their presentation.
Assembly member Kaplan congratulated Jessica Kilborn, thanked the Alutiiq Museum, and
addressed the letter submitted to the North Pacific Fisheries Management Council requesting
that it be discussed at a work session.
Assembly member Jeffrey spoke on the letter submitted to the North Pacific Fisheries
Management Council and the process.
Announcements
Mayor Selby announced that the next Assembly work session would be held on Thursday,
October 14, 2010, at 7:30 p.m. in the Borough Conference Room and the next regular meeting
was scheduled on Thursday, October 21, 2010, at 7:30 p.m. in the Borough Assembly
Chambers.
Direction was given to staff by consensus of the Borough to rescind the letter submitted to the
North Pacific Fisheries Management Council.
ADJOURNMENT
JEFFREY moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY:
The meeting adjourned at 8:55 p.m.
KODIAK ISLAND BOROUGH
ATTEST: Jerome M. Selby, Mayor
Nova M. Javier, MMC, Borough Clerk
Kodiak Island Borough Assembly Minutes
October 7, 2010 Page 4
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
NOVEMBER 4, 2010 REGULAR MEETING
ITEM NO: 13.A.1
TITLE:
Reorganization of the Kodiak Island Borough Assembly - Election of Deputy Presiding
Officer.
SUMMARY:
2.25.050 Deputy presiding officer.
The assembly shall elect from among its members a deputy presiding officer, as specified in
KIBC 2.30.040(A), to act as the chair in the absence of the mayor to conduct the meetings and
see that the rules are observed. If the deputy presiding officer is not present or disqualifies
himself, the senior assembly member present shall act as the chair. When a member of the
assembly is acting as the chair, the member retains all privileges otherwise held as a member of
the assembly.
2.30.040 Organization and deputy presiding officer.
A. Organization. The assembly shall annually, at the November meeting, elect from its
members a deputy presiding officer to serve at the assembly's pleasure.
B. Election of the deputy presiding officer of the assembly shall be in the following manner:
1. As the first order of new business, nominations for deputy presiding officer shall be
opened.
2. Nominations may be made by any member of the assembly.
3. At the close of nominations, a ballot shall be taken. The clerk shall distribute, collect,
and with the assistance of one other person, tally the ballots. The clerk shall
announce the results.
4. A majority vote of the assembly shall be required for election.
5. If no majority is cast for any candidate, the candidate with the fewest ballots shall be
dropped from the list of candidates until there are two remaining and balloting shall
continue until one candidate is elected.
C. Deputy Presiding Officer. The deputy presiding officer shall preside as the chair at assembly
meetings in the absence of the mayor. If at any meeting the deputy presiding officer is not
present, or is unable to act, the senior assembly member present shall preside as the chair.
FISCAL NOTES: N/A
APPROVAL FOR AGENDAL
RECOMMENDED MOTION: Move to nominate as deputy
presiding officer.
Form Ver. 06/30/2009
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
NOVEMBER 4, 2010 REGULAR MEETING
ITEM NO: 13.C.1
TITLE:
Resolution No. FY2011 -11 Identifying Responsibility for the Maintenance of the Anton
Larsen Dock Replacement.
SUMMARY:
The Kodiak Island Borough is preparing to submit a project nomination to the Denali
Commission Transportation Program to request funding assistance for the planning and design
phase of the Anton Larsen Dock Replacement Project. The project nomination requires a
maintenance resolution that identifies the organization responsible for maintaining the
completed project.
FISCAL NOTES: N/A
Account No.:
Amount Budgeted:
Expenditure Required:
APPROVAL FOR AGEND
RECOMMENDED MOTION: Move to adopt Resolution FY2011 -11.
1 Introduced by: Borough Manager Gifford
2 CORRECTED VERSION Requested by: Borough Manager Gifford
Drafted by: Grant Writer Christiansen
3
Introduced on: 11/04/2010
4 Adopted on:
5
6 KODIAK ISLAND BOROUGH
7 RESOLUTION NO. FY 2011 -11
8
9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
10 IDENTIFYING RESPONSIBILITY FOR THE MAINTENANCE OF
11 THE ANTON LARSEN DOCK REPLACEMENT
12
13 WHEREAS, the replacement of the Anton Larsen dock is a project included in the Kodiak
14 Island Borough's Capital Improvement Program; and
15
16 WHEREAS, the Kodiak Island Borough is submitting a project nomination to the Denali
17 Commission Transportation Program seeking funding assistance for the planning and
18 design phase of the Anton Larsen dock replacement project; and
19
20 WHEREAS, the project nomination process requires a maintenance resolution identifying
21 the organization responsible for maintaining the completed project.
22
23 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
24 BOROUGH that the Kodiak Island Borough is identifying responsibility to provide
25 maintenance upon replacement of the Anton Larsen dock as long as it is owned by the
26 Kodiak Island Borough or for the duration of its useful life.
27
28 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
29 THIS DAY OF 2010
30
31 KODIAK ISLAND BOROUGH
32
33
34
35 Jerome M. Selby, Borough Mayor
36
37 ATTEST: •
38
39
40
41 Nova M. Javier, MMC, Borough Clerk
Kodiak Island Borough Resolution No. FY2011 -11
Page 1 of 1
1 Introduced by: Borough Manager Gifford
2 Requested by: Borough Manager Gifford
Drafted by: Grant Writer Christiansen
3
Introduced on: 11/04/2010
4 Adopted on:
5
6 KODIAK ISLAND BOROUGH
7 RESOLUTION NO. FY 2011 -11
8
9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
10 IDENTIFYING RESPONSIBILITY FOR THE MAINTENANCE OF
11 THE ANTON LARSEN DOCK REPLACEMENT
12
13 WHEREAS, the replacement of the Anton Larsen dock is a project included in the Kodiak
14 Island Borough's Capital Improvement Program; and
15
16 WHEREAS, the Kodiak Island Borough is submitting a project nomination to the Denali
17 Commission Transportation Program seeking funding assistance for the planning and
18 design phase of the Anton Larsen dock replacement project; and
19
20 WHEREAS, the project nomination process requires a maintenance resolution identifying
21 the organization responsible for maintaining the completed project.
22
23 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
24 BOROUGH that the Kodiak Island Borough is identifying responsibility for maintaining the
25 replacement of the Anton Larsen dock as long as it is owned by the Kodiak Island Borough
26 or for the duration of its useful life.
27
28 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
29 THIS DAY OF 2010
30
31 KODIAK ISLAND BOROUGH
32
33
34
35 Jerome M. Selby, Borough Mayor
36
37 ATTEST:
38
39
40
41 Nova M. Javier, MMC, Borough Clerk
Kodiak Island Borough Resolution No. FY2011 -11
Page 1 of 1
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
NOVEMBER 4, 2010 REGULAR MEETING
ITEM NO: 13.D.1
TITLE:
Ordinance No. FY2011 -06 Amending the Kodiak Island Borough Code of Ordinances Title
8 Health and Safety Chapter 8.30 Prohibition of Smoking.
SUMMARY:
This ordinance will amend the Borough Code Title 8 Health and Safety and the Personnel
Manual 1118 Designated Smoking Areas. Research has demonstrated the health hazards
associated with smoking and breathing of second hand smoke. The Assembly wishes to provide
a healthy environment for employees and visitors.
This ordinance will prohibit smoking in all buildings and offices owned or leased by the Kodiak
Island Borough at all times. Except as provided in Chapter 8.30, smoking will be prohibited
within a distance of fifty feet (50') outside any entrance, window, or ventilation intake system of
any building or office owned or leased by the Kodiak Island Borough to ensure that smoke does
not enter any enclosed area where smoking is prohibited by this chapter.
Smoking will be prohibited on the grounds of the Borough Building at all times due to its
proximity to the Kodiak Island Borough School District offices and the Kodiak High School
property where smoking is prohibited.
FISCAL NOTES: N/A
Account No.:
Amount Budgeted:
Expenditure Required:
APPROVAL FOR AGENDA: A
RECOMMENDED MOTION: Move to adopt Ordinance No. FY2011 -06 in first reading to
advance to public hearing at the next Assembly regular meeting.
Introduced by: Borough Manager Gifford
Requested by: Borough Manager Gifford
1 Drafted by: Special Projects Christiansen
2 Introduced: 11/04/2010
Public Hearing:
3 Adopted:
4
5
6 KODIAK ISLAND BOROUGH
7 ORDINANCE NO. FY2011 -06
8
9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
10 AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 8
11 HEALTH AND SAFETY CHAPTER 8.30 PROHIBITION OF SMOKING
12
13 WHEREAS, research has demonstrated the health hazards associated with smoking and
14 the breathing of second hand smoke; and
15
16 WHEREAS, the Kodiak Island Borough Assembly wishes to provide a healthy
17 environment for employees and visitors;
18
19 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
20 BOROUGH THAT:
21
22 Section 1: This ordinance is of a general and permanent nature and shall become a part
23 of the Kodiak Island Borough Code of Ordinances and Personnel Manual.
24
25 Section 2: The Kodiak Island Borough Code Title 8 Health and Safety, Chapter 8.30
26 Prohibition of Smoking is hereby amended as follows:
27
28 8.30.010 Smoking prohibited.
29 Smoking is prohibited in all buildings and offices owned or leased by the Kodiak Island
30 Borough at all times. Except as provided in this chapter, smoking is prohibited within a
31 distance of fifty feet (50') outside any entrance, window, or ventilation intake system of any
32 building or office owned or leased by the Kodiak Island Borough to ensure that smoke does
33 not enter any enclosed area where smoking is prohibited by this chapter.
34
35 Smoking is prohibited on the grounds of the Borough Building at all times due to its proximity
36 to the Kodiak Island Borough School District offices and the Kodiak High School property
37 where smoking is prohibited.
38
39 8.30.020 No smoking signs posted.
40 The manager shall cause notices to be posted and maintained throughout the borough
41 buildings.
42
43 Section 3: The Kodiak Island Borough Personnel Manual Section 1118 Designated
44 Smoking Areas is hereby amended as follows:
45
46 1118 Designated- Smoking Areas.
47 • - ' - - • e ! - - - - - - ' - - - - - - •- - - - - - - - - - - - - -
49 - - • - _- --- - - - -- - -- - - -- - •- •
50
51
52
Kodiak Island Borough Ordinance No. FY2011 -06
Page 1 of 2
53 Per Ordinance No. FY2011 -XX, adopted on XX/XX/XXXX by the Kodiak Island Borough
54 Assembly and effective on XX/XX/XXXX, smoking is prohibited in all buildings and offices
55 owned or leased by the Kodiak Island Borough at all times. Except as provided in KIBC
56 8.30.010, smoking is prohibited within a distance of fifty feet (50') outside any entrance,
57 window, or ventilation intake system of any building or office owned or leased by the Kodiak
58 Island Borough to ensure that smoke does not enter any enclosed area where smoking is
59 prohibited by this chapter.
60
61 Smoking is prohibited on the grounds of the Borough Building at all times due to its proximity
62 to the Kodiak Island Borough School District offices and the Kodiak High School property
63 where smoking is prohibited.
64
65 Section 4: This ordinance becomes effective upon adoption.
66
67 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
68 THIS DAY OF 2010
69
70
71 KODIAK ISLAND BOROUGH
72
73
74
75 Jerome M. Selby, Borough
76 Mayor
77
78 ATTEST:
79
80
81
82 Nova M. Javier, MMC, Borough Clerk
83
84
Kodiak Island Borough Ordinance No. FY2011 -06
Page 2 of 2
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
NOVEMBER 4, 2010 REGULAR MEETING
ITEM NO: 13.D.2
TITLE:
Ordinance No. FY2011 -07 Amending Title 3 Revenue and Finance Chapter 3.40 Personal
Property Tax.
SUMMARY:
This ordinance is a general re -write of Title 3, Chapter 3.40 Taxation of Personal Property. The
re -write includes the following three major changes:
1. Exempts from taxation the first $20,000 of assessed valuation of business property for
each taxpayer.
2. Changes the method for taxing aircraft from ad valorem to a flat tax based on take -off
weight.
3. Changes the basis for taxing of vessels from "more than five net tons" to longer than 20
feet from bow to stern. This is intended to add fish charter boats that are under 5 net
tons to the tax roll.
This ordinance has been reviewed by the Borough Attorney.
FISCAL NOTES: N/A
Account No.:
Amount Budgeted:
Expenditure Required:
APPROVAL FOR AGENDA: G( .
RECOMMENDED MOTION: Move to adopt Ordinance No. FY2011 -07 in first reading to
advance to public hearing at the next regular meeting of the Assembly.
1 Introduced by: Borough Manager
2 Requested by: Borough Assessor
3 Drafted by: Borough Assessor
Introduced: 11/04/2010
4 Public Hearing:
5 Adopted:
6
7 KODIAK ISLAND BOROUGH
8 ORDINANCE NO. FY2011 -07
9
10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
11 AMENDING TITLE 3 REVENUE AND FINANCE
12 CHAPTER 3.40 PERSONAL PROPERTY TAX
13
14 WHEREAS, AS 29.45.050 (b) (2) allows a municipality to classify as to type and exempt
15 or partially exempt some or all types of personal property from ad valorem taxes; and
16
17 WHEREAS, KIBC 3.40.070 was written with the intention of exempting personal property
18 belonging to a head of a family or householder from ad valorem taxes; and
19
20 WHEREAS, the Borough Assembly wishes to exempt personal property up to an
21 assessed value of $20,000; and
22
23 WHEREAS, it is the intent of the Kodiak Island Borough Assembly to include private, non -
24 commercial aircraft in the exemption of personal property; and
25
26 WHEREAS, KIBC 03.,40.030 sets penalty rates for failure to file personal property returns
27 as required by KIBC 03.40.10 and KIBC 03.40.020; and
28
29 WHEREAS, the penalties set by KIBC 03.40.030 do not adequately encourage non - filers
30 to comply with state and borough code and the cost to administer non -files are higher than
31 the current income from the penalty fee; and
32
33 WHEREAS, the following suggested changes in the Personal Property Ordinance will
34 clarify the ordinance to better state the intention of the borough.
35
36 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
37 BOROUGH THAT:
38
39 Section 1: This ordinance is of a general and permanent nature and shall become a part
40 of the Kodiak Island Borough Code of Ordinances;
41
42 Section 2: Title 3 Revenue and Finance Chapter 3.40 Personal Property Tax is hereby
43 amended as follows:
44
45 Sections:
46 3.40.010 Property subject to taxation
47 3.40.020 Exemptions
48 3.40.01030 Assessment return.
49 3.40.01540 Tax situs of personal property.
50 3.40.02050 Liability for and collection of.
51 3.40.03060 Penalties.
52 3.40.05070 Classification of boats and vessels.
Kodiak Island Borough Ordinance No. FY2011 -07
Page 1 of 6
53 3.40.080 Classifcation of aircraft
54 3.10.060 Bucinocs invontorios oxompt.
55 3.10.070 Houcohold furnituro and offocts oxompt.
56 3.10.080 Commorcial fiching goar oxompt.
57 I I!! ' -e-- e --- • ••••••••••
58
59 *For statutory provisions granting the power to assess and collect taxes, see AS 29.35.170;
60 for provisions governing municipal assessment and taxation generally, see AS 29.45.
61
62 3.40.010 Property subject to taxation
63 Except as otherwise provided in this chapter, a personal property which has a tax situs
64 within the borough is subject to taxation. Business personal property is taxable to the extent
65 that a taxpayer's total assessed value for all business personal property within the Borough
66 of Kodiak exceeds $20,000. Business personal property includes all personal property
67 including, but not limited to, furniture, furnishings, fixtures, machinery, and equipment used
68 by a business or in a business capacity.
69
70 3.40.020 Exemptions
71 A. Individual personal property utilized solely and exclusively for personal, non - business,
72 non - commercial, non - agricultural and non - income producing uses or purposes is exempt
73 from taxation under this chapter. This includes aircraft, boats and vessels used for non -
74 business, non - agricultural, non - commercial and non - income producing purposes.
75 B. The first $20,000 of assessed valuation of business personal property owned by each
76 taxpayer shall be exempt from borough property taxation. For a taxpayer with more than one
77 business personal property tax account, the $20,000 exemption shall be distributed pro rata
78 among all of the taxpayer accounts, based on the proportion of the assessed value in each
79 account to the total assessed value of that taxpayer's business personal property.
80 C. Pursuant to AS 29.45.050(b), the inventories of businesses possessing a valid business
81 license from the state of Alaska are exempt from the tax imposed by this chapter. As used
82 herein, "inventories" means personal property in the hands of a retail or wholesale merchant
83 held for sale or personal property held in the form of raw materials or component parts for
84 the manufacture or production of goods.
85 D. Pursuant to AS 29.54.025(b), fishing gear (i.e., nets, seines, crab pots, long lines, trawls)
86 and any or all associated paraphernalia utilized for commercial fishing is exempt from
87 property tax.
88
89 3.40.04 -030 Assessment return.
90 Every person with ownership in business personal property shall submit to the borough
91 assessor a personal property return of any property owned by him, or in which he has an
92 interest, and of the property held or controlled by him in a representative capacity, in the
93 manner prescribed, which return shall be based on property values existing as of the first
94 day of January of the year for which the return is made. The person making the return in
95 every case shall state an address to which all notices required to be given to him under this
96 section may be mailed or delivered. The return shall show the nature, quantity, description,
97 amount, value, purchase price new or used, depreciable basis, and current condition of all
98 personal property, the place where the property is situated, and said return shall be in such
99 form and include such additional information as the assembly may prescribe, and shall be
Kodiak Island Borough, Alaska Ordinance No. FY2011 -07
Page 2 of 6
100 signed and verified under oath by the person liable, or his or its authorized agent or
101 representative. Said return shall be filed on or before the fifteenth day of January of each tax
102 year. The borough assessor may, by notice in writing to any person by whom a return has
103 been made, require from him a further return containing additional details and more explicit
104 particulars and, upon receipt of the notice, that person shall comply fully with its
105 requirements within 30 days.
106 In the event of any person failing, refusing, or neglecting to make or file said personal
107 property return of property owned by him, as required herein, the assessor shall make an
108 assessment which shall be as fair and equitable as he is able to make from the best
109 information in his possession concerning said property.
110
111 3.40.04540 Tax situs of personal property.
112 A. Tax Situs. All personal property which has a tax situs within the borough on January 1st
113 of the tax year is subject to taxation. "Tax situs" means the principal place where an item of
114 personal property is located, having due regard to the residence and domicile of its owner,
115 the place where it is registered or licensed, whether it is taxed by other municipalities, and
116 any other factors which may indicate the principal location of the property.
117
118 B. Tax Situs, Conclusive Presumptions
119 1. Tax situs shall be conclusively presumed to be within the borough when the property,
120 although not within the borough on January 1st of the assessment year, either:
121 a. Has been or is usually, normally, or regularly kept or used within the borough;
122 b. Has been or is kept or used within the borough for any 90 days or more in the 12
123 months preceding the January 1st assessment; or
124 c. Has been or is kept or used within the borough for any length of time preceding
125 January 1st of the assessment year if such presence or use is intended to be permanent;
126 "permanent" in this subsection means for a period of 90 days or more.
127 2. Tax situs shall also be presumed conclusively to be within the borough where the
128 ownership, maintenance, or use of such property requires a license or permit, and a license
129 or permit has been issued by the state of Alaska or the borough or any other political
130 subdivision within the borough, and:
131 a. The property is so licensed or permit so issued and either the actual residence
132 address or the mailing address of the licensee or permittee, or of the permissive user
133 thereunder, is within the borough; or
134 b. The property is so licensed or the permit so issued and the domicile of the
135 licensee or permittee, or the permissive user thereunder, is in the borough; this subsection
136 is to apply expressly to, but is not limited to, situations wherein the subject property is in the
137 custody of persons in educational institutions outside of the borough; or
138 c. The property is so licensed or the permit is issued and the property is
139 permanently outside the borough when such licensing frees the owner, user or custodian of
140 liability for similar taxes in any other country, state, or political subdivision thereof.
141 3.40.02050 Liability for and collection of.
142 A. The owner of personal property assessed is personally liable for the amount of taxes
143 assessed against the property. The tax, together with penalty and interest, may be collected
144 in a personal action brought in the name of the borough.
Kodiak Island Borough, Alaska Ordinance No. FY2011 -07
Page 3 of 6
145 B. If the tax on personal property is not paid when due, the borough may, in addition to other
146 remedies available, enforce the tax lien by distraint and sale of the property after first
147 making demand of the person assessed for the amount of the tax, penalty, and interest. The
148 demand shall be in writing addressed to the person whose name appears on the last
149 assessment roll as the owner of the property, describing the personal property assessed
150 and the amount of the tax, penalty, and interest and demanding that the total be paid within
151 10 days after service of the demand personally or by registered mail.
152 C. If the tax has not been paid after the expiration of 10 days from service of demand, the
153 clerk may issue a warrant directing a peace officer to seize the personal property for which
154 the tax was levied and to sell it at public auction after at least 15 days' notice of the sale by
155 posting and publication. If the proceeds from the property sold are not sufficient to satisfy
156 the tax, penalty, interest and costs of sale, the warrant may authorize the seizure of other
157 personal property sufficient to satisfy the tax, penalty, interest, and costs of sale.
158
159 3.40.03060 Penalties and Interest.
160 A person who fails, refuses, or neglects to file a personal property return in accordance with
161 KIBC 3.6540.010 and 3.6540.020 shall, in addition to other penalties provided by law, be
162 liable for a penalty of 10 porcont of tho tax aseoccod against said porconal proporty ac
163 accoscod by tho ascoccor, in accordance with KIBC 3.65.010 20% of the tax assessed, in
164 accordance with AS 29.45.250. Said person shall pay interest at the rate of 12 percent per
165 year, exclusive of penalty, from the due date until paid in full. This section shall apply to all
166 persons having personal property within the borough, irrespective of residence. However,
167 when such penalty and interest amount to $1.00 or less, there shall be assessed a minimum
168 penalty of $1.00. A person who files a completed return after the filing deadline, but before
169 the mailing of the assessment notices shall, in addition to other penalties provided by law,
170 be liable for a penalty of five percent of the tax assessed against said personal property for
171 that tax year.
172
173 3.40.05070 Classification of boats and vessels.
174 Pursuant to AS 29.45.050(b)(2), boats and vessels are classified for purposes of taxation as
175 a special category and shall be taxed at the rate determined annually by the assembly
176 during the budget adoption process e _ . _ _ _ _ : e eat. _ •. . . . • - for boats
177 with an overall length longer than twenty (20) feet, measured bow to stern, rather than on an
178 ad valorem basis.
179
180 3.40.080 Classification of aircraft.
181 A. Pursuant to AS 29.45.050(b)(2), for purposes of taxation, commercial aircraft that have
182 been issued an N number by the Federal Aviation administration ( "FAA ") by January 1 of the
183 tax year and are less than 12,500 pounds takeoff weight shall be totally exempted from ad
184 valorem taxes and shall be taxed at the rate determined annually by the assembly during
185 the budget adoption process.
186 B. The owner of record of an aircraft that has been dismantled, destroyed or crashed and
187 the FAA N number has been retained by the aircraft's owner of record may submit to the
188 assessor proof of condition that would allow for taxation of that aircraft, if approved by the
189 assessor, at a rate determined by the assembly during the budget adoption process.
Kodiak Island Borough, Alaska Ordinance No. FY2011 -07
Page 4 of 6
190 Aircraft for which such registration or licensing has lapsed or that has not passed the annual
191 inspection required by the FAA shall not qualify on this basis alone for ad valorem taxation
192 unless it has been dismantled, destroyed or crashed.
193 C. Commercial aircraft with a gross takeoff weight of more than 12,500 pounds shall be
194 taxed on an ad valorem basis and in accordance with the Kodiak Island Borough landing
195 schedule formula, where- applicable. The KIB landing schedule formula provides for the
196 prorated calculation of scheduled aircraft by dividing the total hours in a year into the total
197 time aircraft operated by a scheduled carrier are in the Kodiak Island Borough, and
198 multiplying the result by the assessed value of each aircraft.
199 D. Definitions. For purposes of this section:
200 Aircraft means any engine powered contrivance invented, used, or designed to
201 navigate, or fly in, the air and that is capable of being manned and is required by the FAA to
202 be registered and certified in order to be manned.
203 Commercial aircraft means any aircraft transporting passengers and /or cargo or is
204 employed for fish spotting, agricultural, aquacultural or other purposes for some payment, or
205 other consideration, including money or services rendered.
206 Crashed means aircraft for which only parts remain that, due to their condition, can
207 no longer be assembled to create any contrivable aircraft. This shall be evidenced by an
208 FAA accident report and /or copy of an insurance claim that determines the aircraft to be a
209 total loss.
210 Destroyed means aircraft that have been damaged by age, weather, neglect and /or
211 external influences outside the owner's control, and only unusable parts remain that, due to
212 their condition can no longer be assembled to create any contrivable aircraft. This shall be
213 evidenced by photographs and a physical inspection by the borough Assessing staff
214 appraiser if deemed necessary by the borough assessor.
215 Dismantled means aircraft that have been voluntarily disassembled and only parts
216 remain that can no longer be assembled to create any contrivable aircraft. Evidence such as
217 photographs and a physical inspection by the borough Assessing staff appraiser shall be
218 provided or allowed if deemed necessary by the borough assessor
219
220 E. An aircraft owner may appeal the determination of the borough assessor under this
221 sections B and C above using the same procedures for appeal of real and personal
222 property assessments as set out in KIB 3.35.040 (C) (3) and 3.35.050 (C).
223
224
225 .
226 • . - '- - . 9 - ' - - - _ .. - e...•:._
227 liconco from tho ctato of Alaska aro oxompt from tho tax impocod by this chaptor.
228 E . ' - •'' •, ' • - ••:.•. e: -e-. •- - • • - - '- -
.., . •_. e - e ee .e•_ e e :- .-.
230 -e-t- e--. . -- - - • •• -- • e
231
232 ...:•:: =• =--' :...
233 All houcohold furnituro and offocts (i.o., cnow machinos, unliconsod ATVs, TVRO earth
Kodiak Island Borough, Alaska Ordinance No. FY2011 -07
Page 5 of 6
235 porconal proporty of tho hoad of a family or houcoholdor is oxompt from proporty tax. This
237 ownor occupiod and tho total cquaro footago of tho rontal unit doos not oxcood 35 porcont
238 - - e e -- - - - - - -- - -. e _. a .. , 4 e. _ e , es .
239 Formorly §3.21.070].
240
242 .51.025(b), fishing goar (i.o., nots, soinos, crab pots, long linos, trawls)
243 and any or all ascociatod paraphornalia utilizod for commorcial fishing is oxompt from
244 taropetly -tax-
245
246 •''•' °' - -- - - -- .... -.- -.
247 Pursuant to AS 20.'15.050(d)(2), only porconal proporty accounts (not including boats) with a
248
249
250 Section 3: This ordinance shall take effect upon adoption.
251
252 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
253 THIS DAY OF 2010
254
255 KODIAK ISLAND BOROUGH
256
257
258
259 Jerome M. Selby, Borough Mayor
260
261 ATTEST:
262
263
264
265 Nova M. Javier, MMC, Borough Clerk
266
267
Kodiak Island Borough, Alaska Ordinance No. FY2011 -07
Page 6 of 6
PROPOSED PERSONAL PROPERTY EXEMPTIONS
The following estimates on personal property exemptions are computed based on the 2010 personal property filings.
The tax revenue (based on 10.5 mills), total assessed value, and number of accounts affected, are given. The total
number of accounts for 2010 is 1,244.
1. Assumption: All personal property accounts assessed less than $10,000:
Number of accounts: 899
Total Assessed Value: $2,540,884
Tax Revenue: $26,679
Value of exemption of $10,000 on remainder of accounts: 345 accounts or $3,450,000 assessed value and
$36,225 tax revenue.
Total affect of $10,000 exemption is $62,904.38 in tax revenue and a reduction of assessed value of $5,990,884
2. Assumption: All personal property accounts assessed less than $15,000
Number of Accounts: 957
Total Assessed Value: $3,259,565
Tax Revenue: $34,225
Value of exemption of $15,000 on remainder of accounts: 287 accounts or $4,305,000 assessed value and
$45,203 tax revenue.
Total affect of $15,000 exemption is $79,428 in tax revenue and a reduction of assessed value of $7,564,565
3. Assumption: All personal property accounts assessed less than $20,000:
Number of Accounts: 1,001
Total Assessed Value: $4,014,090
Tax Revenue: $42,147.95
Value of exemption of $20,000 on remainder of accounts: 243 accounts or $4,860,000 assessed value and
$51,030 tax revenue.
Total affect of $20,000 exemption is $93,178 in tax revenue and a reduction of assessed value of $8,874,090.
4. Assumption: All personal property accounts assessed less than $50,000:
Number of Accounts 1,107
Total Assessed Value $7,379,640
Tax Revenue: $77,486
Value of exemption of $50,000 on remainder accounts: 137 accounts or $6,850,000 assessed value and
$71,925.
Total affect of $50,000 exemption $149,411 in tax revenue and a reduction of assessed value of $14,229,640.
Gross 2010 Tail 2010 Kenai Juneau Private Kodiak WEIGHT TAX
PIQ Ow^er DBA Aircraft Make Weiebt Assessed Number Tax Ff fl,81 Qsg Ea K $3
em e Juneau Per $1,200 KENAI
10150 REDEMPTION INC ROBEF ISLAND AIR SERVICE 1981 BRITON- N00.MAN BN -2A-2E 6600 $125,000 NS891V $1,312.50 $300 $1,070 $1,3122. 50 $300 $1,1, 0)0 $1,200 UP TO 1000 50
10151 RUOSS ROLAN SEA HAWK INC 1953 DEHAVILLAND DHC2 5100 $55,000 N4756T $577.50 $100 $810 $577.50 $100 $810 $1,000 2000 50
10153 BURCH ALVIN 4018E 1977 PIPER PA -18 1750 $45,000 N4018E $472.50 $50 $160 $0.00 $0 $0 $0 4000 100
30156 REDEMPTION INC ROBEF ISLAND AIR SERVICE INC 1981 PIPER SARATOGA 3600 $45,000 N8152Z $472.50 $50 $480 $472.50 $50 $480 $600 6000 300
10157 HILTY DAVID 10442 1953 CESSNA 305 2400 $31,500 N10442 $330.75 550 $250 $330.75 $50 $250 $400 12500 600
10160 REDEMPTION INC ROBEF 2233Z 1968 BRITON - NORMAN BN -2A -26 6600 $70,000 N22332 $735.00 5300 $1,070 $735.00 $300 $1,070 $1,200 JUNEAU
10162 REDEMPTION INC ROBEF 3941W 1967 PIPER CHEROKEE 2150 $56,000 N3941W $588.00 $50 $250 $588.00 $50 $250 $400 UP TO 1499 160
13097 HARVEY CHARLES 17481 1943 GRUMMAN G -44(WIDGEON) 4500 $200,000 N17481 $2,100.00 $100 $650 $2,100.00 $100 $650 $800 1999 250
13099 ANDREW AIRWAYS INC 5303X 1980 CESSNA 02066 3600 $125,000 N5303X $1,312.50 $50 $480 $1,312.50 $50 $480 $600 2499 330
13100 ANDREW AIRWAYS INC 1544 1 958 DEHAVILLAND 9HG2 5100 $296,000 N1344 $3,108.00 $100 $810 $3,108.00 $100 $810 $1,000 2999 410
13101 KODIAK FLYING CLUB, IN 9677Q 1975 CESSNA 172M 2450 $35,000 N9677Q $367.50 $50 $250 $367.50 $50 $250 $400 3499 480
13103 PAKLOOK, INC. 1750U 1977 207 3600 560,000 N1750U $630.00 $50 $480 $630.00 $50 $480 5600 3999 570
13106 TRANSNORTHERN, LLC 1TNA Beech craft 99 10900 $36,500 N1TNA $383.25 $300 $1,360 $383.25 $300 $1,360 $1,500 4499 650
13109 PAKLOOK AIR 75311 1976 PIPER PA32 3400 $46,000 N75311 $483.00 $50 $410 $483.00 $50 $410 $600 4999 810
13111 PAKLOOK AIR, INC 6635A 1967 BRITTON NORMAN BN -2A-21 6600 $104,000 N6635A $1,092.00 $300 $1,070 $1,09200 $300 $1,070 $1,200 5499 980
13114 AZUYAK TONY 8767U 1965 172F 2450 $29,000 N8767U $304.50 $50 $250 $0.00 $0 $0 $0 5999 1030
13126 MARITIME HELICOPTERS 302 MH 1980 BELL 206 3200 $250,000 N302 MH $2,625.00 $50 $410 $2,625.00 $50 $410 $600 6499 1070
13174 CARLSON VICTOR LISA 539DH LARSEN BAY AIR TAXI 1951 BVR 5100 $300,000 N5391)11 $3,150.00 $100 $810 $3,150.00 $100 $810 $1,000 6999 1110
13177 BERNS JAMES 4172R 1968 PIPER -PA -32 -300 PA- 32 -30C 3400 $37,500 N4172R $393.75 $50 $410 50.00 $0 $0 $0 7499 1150
13180 PATTERSON FREDERICK 3498A 1953 PIPER PA22 2000 $500 N3498A $5.25 $50 $250 $0.00 $0 $0 $0 7999 1190
22593 MAJDIC MARK 7488P Robinson R44 2500 $140,000 748BP $1,470.00 $50 $330 $0.00 $0 $0 $0 8499 1240
22825 SKINNER, WES 96542 Taylor Craft BC12 1300 $5,000 96542 $52.50 $50 $160 $000 $0 50 $0 8999 1280
21826 REDEMPTION INC ROBEF 47AK DeHavilland DHC -2 5100 $285,000 47.41( $2,992.50 $100 $810 $2,992.50 $100 $810 $1,000 9499 1320
22831 OSOWSKI WES 4676U 1978 Cessna 2066 3600 $45,000 4676U $472.50 $50 $480 $472.50 $50 $480 $600 9999 1360
22835 JACKSON JAMES 1188H Aeronca 15 Sedan 2050 $35,000 1188H $367.50 $50 $250 50.00 $0 $0 $0 12500 1440
22837 ROBINSON GENE 34951 1967 Cessna 02068 3600 $60,000 34951 $630.00 $50 $480 $630.00 $50 $480 $500 PROPOSED KODIAK
Graham Robinson R44 2500 $140,000 $1,470.00 $50 $330 $0.00 $0 $0 $0 UP TO 1000 100
Tuber Robinson R44 2500 $140,000 $1,470.00 $50 $330 $0.00 $0 $0 $0 1001 200
$29,368 50 $2,650 $14,900 $23,362.50 $2,200 $12,430 $15,300 2001 400
LOSS IN TAXES 3001 600
REMAIN KENAI JUNEAU KODIAK KENAI JUNEAU KODIAK 4001 800
AD VAL. RATE RATE RATE RATE RATE RATE 5001 1000
COMMERCIAL AT AD VALOREM $23,363 $23,363 $23,363 $23,363 6001 1200
COMMERCIAL AT FLAT RATE N/A $2,200 $12,430 $15,300 $21,163 $10,933 $8,063 7001 1300
8001 1400
13117 NORTHERN AIR CARGO II SNAG LANDINGS $98,500 N1NAC 10001 1500
13118 ERA AVIATION, INC SERA LANDINGS $999,900 NIERA
13125 ALASKA AIRLINES INC 'AKA LANDINGS $647,300 NSAKA
PROPOSED AIRCRAFT FLAT TAX SCHEDULE
BASED ON GROSS TAKE -OFF WEIGHT
FIXED WING ROTORCRAFT
GROSS LBS ANNUAL TAX GROSS LBS ANNUAL TAX
NON FLYABLE 50
0 -1,000 $100 0 -2,000 $400
1,001 -2,000 $200 2,001 -3,000 $800
2,001 -3,000 $400 3,001 -4,000 $1,000
3,001 -4,000 $600 4,001 -7,000 $1,400
4,001 -5,000 $800 7,001- 12,50C $1,600
5,001 -6,000 $1,000
6,001-7,000 $1,200
7,001 -8,000 $1,300
8,001- 10,000 $1,400
10,001- 12,500 $1,500
KENAI FLAT TAX SCHEDULE
FIXED WING ROTORCRAFT
GROSS LBS ANNUAL TAX GROSS LBS ANNUAL TAX
Less 2000 $50 Less 1500 $100
2,000 -4,000 $100 1,500 -3,500 $600
4,000 -6,000 $300 >3,500 $1,000
6,000- 12,500 $600
>12,500 $1,000
JUNEAU AIRPLANE FLAT TAX SCHEDULE
FIXED WING ROTORCRAFT
GROSS LBS ANNUAL TAX GROSS LBS ANNUAL TAX
0 -999 $0 0 -2,000 $540
1,000 -1,499 $160 2,001 -3,000 $1,080
1,500 -1,999 $250 3,001 -4,000 $1,630
2,000 -2,499 $330 4,001 -7,000 $2,160
2,500 -2,999 $410 7,001- 12,50C $2,750
3,000 -3,499 $480
3,500 -3,999 $570
4,000 -4,499 $650
4,500 -4,999 $810
5,000 -5,499 $980
5,500 -5,999 $1,030
6,000 -6,499 $1,070
6,500 -6,999 $1,110
7,000 -7,499 $1,150
7,500 -7,999 $1,190
8,000 -8,499 $1,240
8,500 -8,999 $1,280
9,000 -9,499 $1,320
9,500 -9,999 $1,360
10K- 12,500 $1,440
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
NOVEMBER 4, 2010 REGULAR MEETING
ITEM NO: 13.D.3
TITLE:
Ordinance No. FY2011 -08 Amending Title 2 Administration And Personnel Chapter 2.20
Borough Mayor Section 2.20.040 Duties to Require the Mayor to Obtain Assembly
Approval Before Stating or Announcing the Position of the Borough in Any Written or
Electronic Communication or Giving Testimony Before Any Legislative or Regulatory
Body as a Representative of the Kodiak Island Borough.
SUMMARY:
This ordinance was requested by Assembly member Stutes.
The Assembly is responsible for establishing Borough policy by ordinance, resolution, or other
actions. The Borough Mayor acts as ceremonial head of the Borough and communications
initiated or signed by the Mayor which appear to announce the Borough's policy or position on
issues of public interest could be misleading or prejudicial to the Borough's interest if the
Assembly has not established a policy or position on the issue in question.
This ordinance would amend KIBC 2.20.040 requiring that the Borough Mayor obtain Assembly
approval before stating or announcing the position of the Borough on a given issue in writing or
electronic form to avoid or reduce the potential for confusion and misunderstanding.
As of the release of the packet, this ordinance is still in the process of being reviewed by the
Borough Attorney against Alaska Statutes, Borough ordinances, and other applicable authority
relevant to the powers and duties of the mayor.
FISCAL NOTES:
Account No.:
Amount Budgeted:
Expenditure Required:
APPROVAL FOR AGENDA: ,L
RECOMMENDED MOTION: Move to adopt Ordinance No. FY2011 -08 in first reading to
advance to public hearing at the next Assembly regular meeting.
Introduced by: Assembly member Stutes
Requested by: Assembly member Stutes
Drafted by: Assembly member Stutes
1 Introduced: 11/4/010
2 Public Hearing:
3 Adopted:
4
5 KODIAK ISLAND BOROUGH
6 ORDINANCE NO. FY2011 -08
7
8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
9 AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.20 BOROUGH
10 MAYOR SECTION 2.20.040 DUTIES TO REQUIRE THE MAYOR TO OBTAIN
11 ASSEMBLY APPROVAL BEFORE STATING OR ANNOUNCING THE POSITION OF THE
12 BOROUGH IN ANY WRITTEN OR ELECTRONIC COMMUNICATION OR GIVING
13 TESTIMONY BEFORE ANY LEGISLATIVE OR REGULATORY BODY AS A
14 REPRESENTATIVE OF THE KODIAK ISLAND BOROUGH
15
16 WHEREAS, the Mayor acts as a ceremonial head of the Borough and has no authority to
17 determine or establish policy on issues of interest to the Borough; and
18
19 WHEREAS, the Assembly is responsible for establishing Borough policy by ordinance,
20 resolution, or other actions; and
21
22 WHEREAS, communications initiated or signed by the Mayor which appear to announce
23 the Borough's policy or position on issues of public interest could be misleading or
24 prejudicial to the Borough's interest if the Assembly has not established a policy or position
25 on the issue in question; and
26
27 WHEREAS, requiring the Mayor to obtain Assembly approval before stating or
28 announcing the position of the Borough on a given issue would avoid or reduce the potential
29 for confusion or misunderstanding;
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
32 BOROUGH THAT:
33
34 Section 1: This ordinance is of a general and permanent nature and shall become a
35 part of the Kodiak Island Borough Code of Ordinances;
36
37 Section 3: Title 2 Administration and Personnel Chapter 2.20 Borough Mayor Section
38 2.20.040 Duties is hereby amended as follows:
39
40 2.20.040 Duties.
41 A. The mayor shall act as ceremonial head of the borough. The mayor shall preside at all
42 assembly meetings, and sign ordinances and other documents on the borough's behalf
43 upon assembly authorization. The failure of the mayor to sign an ordinance or resolution
44 does not invalidate them.
45 B. Before claiming to speak for the borough and /or its residents or announcing the position
46 of the borough in any written or electronic communication, the mayor must obtain
47 authorization from the assembly. This subsection shall not be interpreted as restricting the
48 mayor's right to state his or her personal opinion on any issue. Official borough letterhead
49 should not be used for any such personal communications.
Kodiak Island Borough Ordinance No. FY2011 -08
Form Ver. 06/30/2009 Page 1 of 2
50 BC. Members of boards, committees, and commissions, except for members of the board of
51 adjustment, members of the board of equalization, and elected service area board
52 members, are appointed by the mayor and confirmed by the assembly in accordance with
53 KIBC 2.100.030.
54
55 Section 3: This ordinance shall become effective upon adoption.
56
57 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
58 THIS DAY OF 2010
59
60
61 KODIAK ISLAND BOROUGH
62
63
64
65 Jerome M. Selby, Borough Mayor
66
67 ATTEST:
68
69
70
71 Nova M. Javier, MMC, Borough Clerk
72
73
Kodiak Island Borough Ordinance No. FY2011 -08
Page 2 of 2
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
NOVEMBER 4, 2010 REGULAR MEETING
ITEM NO: 13.D.1
TITLE:
Accepting a FEMA HMGP Grant for the Seismic Upgrade of the Kodiak Middle School
Gymnasium.
SUMMARY:
The purpose of this action is to accept a Hazard Mitigation Grant Program (HMGP) grant for
Fiscal Year 2011 from the State of Alaska Department of Military and Veterans Affairs - Division
of Homeland Security and Emergency Management in the amount of $462,000. These funds
will pay for the seismic upgrade for the Kodiak Middle School Gymnasium. During the course of
design for the seismic upgrades to the Kodiak Middle School, the gymnasium was found to also
have structural deficiencies. This grant is from FEMA, but is managed by the State of Alaska.
The Finance Department has set up a project as the account to receive the monies for this
project.
FISCAL NOTES:
Account No.: 11001
Amount Budgeted: $462,000.00
Expenditure Required:
APPROVAL FOR AGENDA: c .
RECOMMENDED MOTION: Move to accept a FEMA HMGP Grant for the Seismic Upgrade
of the Kodiak Middle School Gymnasium in the amount of $462,000.00.
. I — ) (T SEAN PARNELL, GOVERNOR
1 j
t,. t t i . t � - 1 1 it, , - t P.O. Box 5750
R. Richardson, AK 99505 -5750
DEPARTMENT OF MILITARY f Phone: (907) 428 -7000
AND VETERANS AFFAIRS / Fax: (907) 428 -7009
DIVISION OF HOMELAND SECURITY Toll Free: (800)478 -2337
AND EMERGENCY MANAGEMENT r www.ready.alaska.gov
October 4, 2010
Kenneth W. Smith, Project Manager
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
RE: Project Number HMGP- 1796.0009
Kodiak Island Middle School Seismic Retrofit
Dear Mr. Smith:
Enclosed is the Division of Homeland Security and Emergency Management (DIIS &EM) Hazard
Mitigation Grant Program (HMGP) Agreement for the Kodiak Island Borough, Middle School Seismic
Retrofit Project.
The total award amount for this project is $462,000. You will find the terms of the grant and procedures
in the enclosed DHS &EM Sub - Grantee's Handbook and HMGP Agreement.
Two copies of the agreements are enclosed; one is for your records, the other is for ours. Please return
one of the original signed agreements to our office after signing the first and third page.
If you have any questions or require further information, please contact Brent A. Nichols at 907 - 428 -7085
or by email at hrent.nichols @alaska.gov.
Sincerely,
L_ `
o in W. Madden
Governor's Authorized Representative
ban:dfm
Enclosures: (2) DHS &EM HMGP Obligating Award Documents
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
Stat c5fi x K . �,
,, ' DIVISION OF HOMELAND SECURITY
Alas AND EMERGENCY MANAGEMENT
Obligating Award Document for
Deeartmentof Military aJ -:4-.
'nd Vetera15 -q airs HAZARD MITIGATION GRANT PROGRAM
Horpeland Secun}y�& = ,
U.S. DEPT OF HOMELAND SECURITY
Em,�,gP..ncpiMallWiren Federal Emergency Management Agency
Grant Programs Directorate
Federal Grant No. 1796.0009 CFDA No. 97.039
1. State Grant No. 12. DUNS # 3. Award ® Amendment ❑ 4. Employer Tax ID #
1.796.0009 159043244 Amendment It 92- 003085
5. Recipient Name and Address 6. Issuing Office and Address
Department of Military and Veterans Affairs
Kodiak Island Borough Division of Homeland Security and Emergency Management
710 Mill Bay Road PO Box 5750
Kodiak, AK 99615 Fort Richardson, Alaska 99505 -5750
http: /Awww.readv. alaska. qov/
7. Effective Date of This Action 8. Method of Payment:
September 30, 2010 Electronic
9. Grant Award and Terms and Conditions: (see attached Grant Terms and Conditions)
Total Awarded Amount: $462,000.00
Federal Share: $346,500.00
State Matching Share: $115,500.00
Local Matching Share: $0.00
Grant Performance Period: September 30, 2010. through December 31, 2011
See attached: Approved Hazard Mitigation Grant Program (HMGP) Project Description and Budget Detail
For State Use Only: CC # File No. #
10. Grant Requirements, Assurances and Agreements: (see attached Grant Requirements, Assurances and Agreements)
The acceptance of a grant from the United States creates a legal duty on the part of the grantee to use the funds or property made
available in accordance with the conditions of the grant. (GAO Accounting Principles and Standards for Federal Agencies, Chapter 2,
Section 16.8(c)]. Funding for this grant is 75% Federal (FEMA) and 25% State (DHS &EM).
11. Special Conditions:
None
12. Recipient is required to.sign and return one (1) copy of this document with the terms and conditions to the issuing -
address in Block 6, within 30 days from the date in Block 17.
13rDivision of Homeland_ Security and Emergency Management Phone: 907- 428 -7085
Project Manager Fax: 907 =428 -7009
Brent Nichols Email: brent.nichols@alaska.gov
ols @alaska.gov
14. Signature of Jurisdiction Project Manager Phone: 907 - 486 -9341
Fax: 907-486-9347
Email: ksmith @kodiakak.us
Printed Name: Kenneth W. Smith
15. Signature of Jurisdiction Chief Financial Officer Phone: 907- 486 -9320
Fax: 907 - 486 -9399
Email: kshort @kodiakak.us
Printed Name: Karlton Short
16. Signature of Jurisdiction Signatory Official Date
Phone: 907 - 486 -9301
Fax: 907 - 486 -9399
Printed Name and Title: Rick Gifford, Borough Manager Email: kgifford @kodiakak.us
17. Division of Homeland Security and Emergency Management Date
Signatory Official
P
John W. Madden, Di -ctor /Governor's A honz d
Representative]
Grant Terms and Conditions (continued from Section 9 of Award)
The total allocation of the 2008 Tanana Basin Flood awarded to the Division of Homeland Security and Emergency Management
(DHS &EM) is $2 ,926,230 under Federal Grant DR - 1796, CFDA# 97.039. The Kodiak Island Borough has been awarded $462,000,
which shall be used to support activities essential to perform a seismic retrofit to the Kodiak Island Middle School Gym. The
performance period of this grant award is September 30, 2010 through December 31, 2011. Project conditions must be
completed by this date. The Kodiak. Island Borough cannot sub -grant all or any part of this award to any other entity or
organization. All awards require confirmation within the first reporting quarter that expenditures in the budget category toward
projects will be made, or DHS &EM will execute de- obligation of the funds. No transfers of funds between allocations will be
authorized, only de- obligation of funds, except on a case -by -case basis.
(A) Changes to Award: All change requests must be submitted in writing, or electronically to the DHS &EM project manager,
accompanied by a justlfication"narrative and budget /spending plan, for review and approval. Changes must be consistent with
the scope of the project and grant guidelines. Requests for changes will be considered only If the reporting requirements are
current, and if terms and conditions have been met at the time the request.' Changes in the programmatic activities, or purpose
of the project, changes in key persons specified on the grant award, contractual services for activities central to the purposes of
the award, requests for additional funding, change in project site, or release of special conditions will result in an amendment to
thls award. No transfers of funds between allocations will be authorized, only de- obligation of funds, except on a case -by -case
basis.
(B) Reporting Requirements: The «Jurisdiction» shall submit timely quarterly HMGP Project Quarterly Report to the Project
Manager at DHS &EM. Instructions and blank forms are located electronically at http : / /ready.alaska.ciov /grants.htm, and may be
reproduced. Jurisdictions must check the web site quarterly for most current forms, Use of outdated forms will not be accepted.
Quarterly reports are due:
Q1 October 1 - December 31 Report due January 20
Q2 January 1 - March 31 Report due April 20
Q3 April 1 - June 30 Report due July 20
Q4 July 1 - September 30 Report due October 20
HMGP Project. Quarterly Report shall describe the status of the project, compare actual accomplishments to the objectives
established for the reporting period in the . project timeline, report reasons for deviation and justification for timeline adjustment
requests, and must support the funds expended. Include any significant events or activities. Progress must be reported relative
to the project timeline and milestones stated in the jurisdiction's application; The Project Final Narrative Form is a summary
report, evaluating project activities and measuring performance against project goals and objectives for the entire performance
period, and Is required in addition to the last quarterly report.
(C) Reimbursements: Submit on the HMGP Request for Funds form. Reimbursement shall be based upon authorized and
allowable expenditures consistent with project narrative and budget detail and grant guidelines, and submission of timely
quarterly report. Payments may be withheld pending correction of deficiencies or for use of outdated forms. Reimbursement of
expenditures may be requested at any time within the performance period. Expenditures must be supported with source
documentation (e.g. copies of invoices, receipts, timesheets with name /wage /hours, cost allocation, warrants, etc.).
• Personnel Costs: • Payroll reports signed and certified by the Chief Financial Officer that capture the employee name,
position, coded allocationto the project, amount paid, are acceptable. Staff may not self - certify their own time and wages.
The "Kodiak "Island Borough shall retain all supporting payroll records, including time and attendance records signed by the
employee and supervisor and copies of warrants as per the recordkeeping requirements in Section J.
• Contracts: All sole- source procurements, single vendor response to a competitive bid, and contracts over $100,000 require
DHS &EM pre - approval prior to implementation. Final signed copies of all contracts are required for submission to DHS &EM
with the request for. reimbursement.
• Prooram"Incomeand Local Match: Program income may be used to supplement project costs, reduce project costs, or may
be refunded to the federal government, and must be used for allowable program costs and be expended prior to requests
for reimbursement. Local matching funds must clearly support the source, the amount, and the timing of all matching
contributions.
• Equipment: See Sub- Grantees' Handbook
• Construction: Projects must comply with the Davis -Bacon Act. Contractors or subcontractors for construction projects pay
workers employed directly at the worksite no less than the prevailing wages and fringe benefits paid on projects of a
similar character.
• Final Payment: The Sub - Grantee has 60 days from the completion of the project to submit the supporting documentation
to the DHS &EM Project Manager accompanied with the following competed forms:
o HMGP Project Final Narrative Form
o HMGP (Final) Quarterly Report Form
o HMGP Statement of Documentation Form
o HMGP (Final) Request for Funds Form
DHS &EM will conduct final Inspections, and upon favorable review will make final payment. Final payment may also be
conditioned upon a financial review, if determined necessary by DHS &EM. Adjustments to the final payment may be made
following any audits conducted by the State of Alaska or the United States Inspector General. DHS &EM reserves the right
to withhold disbursement of final payment to the Sub- Grantee until the project has been completed and given final
approval by DHS &EM.
• Advance of Funds: See Sub - Grantees' Handbook.
• Administrative Allowance: The Sub- Grantee is eligible to receive direct administrative monies upon completion and closure
of the' project to the extent authorized by federal law, and subject to !project funding as specified in the project budget as
an approved line item. Administrative costs refer to the costs of requesting, obtaining, and administering the hazard
mitigation grant program.
(0) Non - reimbursable Expenses:
• Contracts „single vendor response to a competitive bid, and procurements over $100,000 not pre- approved by DHS &EM
• Sole source contracts and procurements not pre- approved by DHS &EM
• Supplanting
• Expenditures not supported with appropriate documentation when submitted for reimbursement. Only properly
documented expenditures will be processed for payment. Unsupported expenditures will be returned to the jurisdiction
for resubmission
• Expenditures for items such as general -use software (word processing, spreadsheet, graphics, etc), general -use
computers and related equipment (other than for allowable M&A activities, or otherwise associated preparedness or
response functions), general -use vehicles, licensing fees, weapons systems and ammunition
(E) Property. and Equipment Management: The Kodiak Island Borough shall maintain an effective property management
system; safeguards to prevent loss, damage or theft; maintenance procedures to keep equipment in good condition; and
disposition procedures. A Property Inventory Report is available at http : / /ready.alaska.gov /orants.htm shall be submitted to
DHS &EM annually each January, 20 with the HMGP Project Quarterly Report during the performance period, and continued
submission is required annually until'final disposition of the equipment. The Kodiak Island Borough shall, when practical,
prominently display the following on any equipment purchased with award funds: Purchased with funds provided by the U.S,
Department of Homeland Security. No equipment purchased with these grant funds may be assigned to other entitles or
organizations without the expressed approval In writing from DHS &EM, prior to the jurisdiction's encumbrance or expenditure for
that equipment. Management of property and equipment shall be in accordance with State laws and procedures as outlined, and
44 CFR Part 13,.sections 13.31 and 13.32.
(F) Procurement: Procurement shall comply with local procurement policies and procedures, and conform to applicable State
and Federal law and the standards Identified in the Procurement Standards Sections of 44 CFR Part 13, and OMB Circular A -102
"Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments.” Contractors
that develop or draft specifications, requirements, Statements of Work (SOW), and /or Requests for Proposals (RF)) for a
proposed procurementshall be excluded from bidding or submitting a proposal to compete for the award of such procurement.
Local bidder's preference is not allowed for federally funded procurements. Procurement transactions shall be conducted to
provide maximum open and free competition. Each sole- source procurement, single vendor response to a competitive
bid, and all purchases in excess of $100,000.00 require pre - approval of DHS &EM.
(G) Contracts: Any contract entered into during this grant period shall comply with local, State and federal government
contracting regulations. To the extent that recipients of a grant use contractors, recipients shall use small, minority, women -
owned or disadvantaged business concerns and contractors to the extent practicable. Contracts for professional and consultant
services must include local, State and federal government required contract language, a project budget, and require pre -
approval by DHS &EM prior to implementation. Contract deliverables must meet the intent of the grant application and grant
requirements. Justification Is required for compensation for individual consultant services, which must be reasonable and
consistent with the amount paid for similar services In the market place. Detailed invoices and time and effort reports are
required for consultants.
(H) Publications: Publications created with funding under this grant shall prominently contain the following statement: This
document was prepared under a grant from the Federal Emergency Management Agency (FEMA)'s Grant Programs
Directorate, U.S. Department of Homeland Security and the Alaska Division of Homeland Security and Emergency
Management. Points of view or opinions expressed in this document are those of the authors and do not necessarily
represent the official position or policies of FEMA's Grant Programs Directorate, the U.S. Department of Homeland
Security or the State of Alaska.
(I) Audit Requirements: As the federal grant recipient, the State of Alaska requires a sub - recipient expending $500,000 or
more in federal funds in the organization's fiscal year to conduct an organization -wide audit in accordance with OMB CircularA-
133. The Kodiak Island Borough will permit the State of Alaska project officials, program officials and auditors to have access to
the sub - recipient's and third -party contractor's records and financial statements as necessary for the State of Alaska to comply
with OMB Circular A-133, Copies of audit findings must be submitted to DHS &EM within 30 days after the Kodiak Island Borough
receives its audit report, or within a 9 -month period of the grant closeout date, whichever is earlier, in accordance with 2 AAC
45.010. Include the Federal agency name, program, grant number, and year; the Catalog of Federal Domestic Assistance (CFDA)
title and number; the name of the pass- through agency.
(J) Recordkeepinq Requirements: Grant financial and administrative records shall be maintained for a period of three (3)
years fallowing the date of the closure of the grant award, or audit if required. Time and effort, personnel and payroll records for
all individuals reimbursed under the award must be maintained. Property and equipment records shall be maintained for a period
of three (3) years following the final disposition, replacement or transfer of the property and equipment.
(K) Performance Measures: HMGP Project Quarterly Report shall demonstrate performance and progress relative to:
1. Acceptable performance on applicable critical tasks in Exercises using approved scenarios
2. Progress in achieving project timelines and milestones
3. Percent measurable progress toward completion of project
4. How funds have been expended during reporting period, and explains expenditures related to the project
(L) Sub - recipient Monitoring Policy: Monitoring is required to ensure that program goals, objectives, timelines, budgets and
other related program criteria are being met. DHS &EM reserves the right to monitor, review and conduct analysis of the Kodiak
Island Borough's financial, programmatic and administrative policies and procedures such as, accounting for receipts and
expenditures, cash management, maintaining adequate financial records, means of allocating and tracking costs, contracting and
procurement policies and records, payroll records and means of allocating staff costs, property /equipment management
system(s), progress of project activities, etc. This may include desk and field audits. Technical assistance is available from
DHS &EM staff. The Monitoring Policy is available at http : / /ready.alaska.gQvjgrants.htm.
(M)Penaltv for Non - Compliance: For the reasons listed below, special conditions may be imposed, reimbursements may be
partially or wholly withheld, the award may be wholly or partly suspended or terminated, or future awards, reimbursements and
award modifications may be withheld. DHS &EM may institute the following, but is not limited to, withholding authority to proceed
to the next phase of a project, requiring additional or more detailed financial reports, additional project monitoring, and /or
establish additional prior approvals. DHS &EM shall notify the Kodiak Island Borough of its decision in writing stating the nature
and the reason for imposing the conditions /restrictions, the corrective action required and timeline to remove them, and the
method of requesting reconsideration of the imposed conditions /restrictions. The Kodiak Island Borough must respond within five
days of receipt of notification.
a. Unwillingness or inability to attain project goals
b. Unwillingness or inability to adhere to Special Conditions listed in Section 11
c. Failure or inability to adhere to grant guidelines and federal compliance requirements
d. Improper procedures regarding contracts and procurements
e. Inability to submit reliable and /or timely reports
f. Management systems which do not meet federal required management standards
(N) Termination for Cause: If performance is not occurring as agreed, the award may be reduced or terminated without
compensation for reduction or termination costs. DHS &EM will provide five (5) days notice to Kodiak Island Borough stating the
reasons for the action, steps taken to correct the problems, and the commencement date of the reduction or termination.
DHS&EM will reimburse Kodiak Island Borough only for acceptable work or deliverables, necessary and allowable costs incurred
through the date of reduction or termination. Final payment may be withheld at the discretion of DHS &EM until completion of a
final DHS &EM review. Any equipment purchased under a terminated grant may revert to DHS &EM at the option of DHS &EM.
(0)Termination for Convenience:. Any project may be terminated upon convenience, in whole or in part, for the convenience
of the Government. The U.S. Department of Homeland Security and the DHS &EM, by written notice, may terminate this grant, In
whole or in part, when it Is in the Government's interest. Allowable costs obligated and /or Incurred through the date of
termination shall be reimbursed. Any equipment purchased under a terminated grant may revert to DHS &EM at the option of
DHS &EM.
Grant Requirements, Assurances and Agreements (continued from Section 10 of the Award)
(A) The performance period for this grant award is September 30, 2010 through December 31, 2011. Monies may not be
obligated outside of this time period. An obligation occurs when funds are encumbered, as with a purchase order and /or
commitment of salaries and benefits. All obligated and encumbered funds must be liquidated within 45 days of the end of the
performance period.
(B) The Kodiak Island Borough shall comply with the requirements and restrictions of the Hazard Mitigation Grant Program
Guidance, State Overview and Guidelines, State Preparedness Report, and the State Homeland Security Strategy. By signing this
obligating award document, the Kodiak Island Borough certifies it has read, understood, and accepted these documents as
binding.
(C) The signature of the signatory officials on this award certifies that all financial expenditures, including all supporting
documentation submitted for reimbursement, have been incurred by the jurisdiction, and are eligible and allowable expenditures
consistent with the grant guidelines for this project. The Kodiak Island Borough shall follow the financial management
requirements imposed on them by the Division of Homeland Security and Emergency Management (DHS &EM), which includes the
requirements of U.S. Department of Homeland Security.
(D)The signature of the signatory officials on this award attests to the Kodiak Island Borough's understanding, acceptance, and
compliance with Lobbying; Debarment, Suspension and other responsibility matters; Drug -free Workplace; Conflict of Interest,
and Non - Supplanting certifications. Federal funds will not be used to supplant State or local funds. Federal funds must be used to
supplement existing funds to augment program activities, and not replace those funds which have been appropriated in the
budget for the same purpose. Potential supplanting may be the subject of application and pre- award, post -award monitoring,
and audit.
(E) The Kodiak Island Borough shall ensure the accounting system used allows for separation of fund sources. These grant funds
cannot be commingled with funds from other federal, State or local agencies, and each award is accounted for separately.
(F) The Kodiak Island Borough shall comply with Federal Civil Rights Laws and Regulations: Title VI of the Civil Rights Act of
1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments or 1972, Age Discrimination Act of
1975, Americans with Disabilities Act of 1991. The Kodiak Island Borough will take reasonable steps to ensure Limited English
Proficient.(LEP) persons have meaningful access to its programs and activities. Executive Order 13347 Individuals with
Disabilities in Emergency Preparedness requires government to support safety and security for individuals with disabilities in
situations involving disasters, including earthquakes, tornadoes, fires, floods, hurricanes, and acts of terrorism.
(G) The Kodiak Island Borough certifies that it has an Affirmative Action Plan /Equal Employment Opportunity Plan. An EEOP is
not required for recipients of less than $25,000.00 or fewer than 50 employees.
(H)The Kodiak Island Borough certifies that its employees are eligible to work in the U.S. as verified by Form I -9, Immigration
and Naturalization Service Employment Eligibility.
(I) It is the responsibility of the Kodiak Island Borough as the recipient of these federal and state funds to fully understand and
comply with the requirements of, where applicable:
A. 2 CFR Part 215, OMB Circular A -110 at htto; / /www.access.gpo.gov /nara /cfr /waisidx 05/2cfr215 05.html
B. 2 CFR Part 225, OMB Circular A -87 at http : / /ecfr.gpoaccess.gov /cql /t/ text / textidx ?c = ecfr &tpl= /ecfrbrowse/Title
02/2cfr225 main 02.tdl
C. 26 CFR Part 1.170A -14 at http; /ledocket_ccess.gpo.gov /cfr 2008 /aprgtr /26cfr1.170A- 14.htm
D. 40 CFR Part 312 at httg / %ecfr apoaccess.gov /cqi /t/ text / textidx?c= ecfr& tpl = /ecfrbrowse /Title40 /40cfr312: main 02,tol
E. 44 CFR Parts 9, 10, 13, 14, 59.1, 60, 60.3(b)(5), 79, 80, 201, 206, 207 at http: / /ecfr.gpoacress.00v /cqi /t /text /text-
id d= 99a71d326a252baddlafda042bfe9001 &c= ecfr &toI = /ecfrbrowse /Title44 /44tab 02 to
F. 49 CFR Parts 24, 29 at http / /ecfr.gpoaccess qov /cq /t /text /text-
idx? sid= 99a71d326a2S2bbddlafda042bfe9001 &c= ecfr &tpl = /ecfrbrowse /Title49 /49tab 02.tp:
G. Federal Acquisition Regulations (FAR), Part 31.2 at http: / /www.acyuisition.gov /far /.
H. OMB Circular A -133 www.whlteb.ouse .qov /omb /circulars /index,html
I. State Requirements
- Alaska State Procurement Code AS 36.30, AS36.30.005 -.030
www.state.ak.us/local/akoaqec/ADMIN/dos/docs/as3630.doc
- Alaska Administrative Code Title 2 Chapter 12, 2 AAC 12.74. h p: / /www,leels,state.ak.us /cqi- bin /folioisa.dll /aac
- Alaska Administrative Manual http: / /fln.adminstate.ak.us /dof /ak admin manual /aam toc.isp
We certify we have read, understood, and accept the Grant
Terms and Conditions, the Grant Requirements, and Project Manager's Signature
Assurances and Agreements, and Special Conditions in
accordance with this Award.
Chief Financial Officer's Signature
Signatory Official's Signature
Hazard Mitigation Grant Program (HMGP)
Approved HMGP Project Description and Budget Detail
Applicant Name: Kodiak Island Borough
Project Name: KIB Middle School Gym Seismic Retrofit Project
Project Number: 1796.0009
Preformance Period: September 30, 2010 through December 31, 2011
Scope of Work:
The as -is gym structure has critical deficiencies in the roof diaphragm. The metal pan decking spanning over trusses and the puddle
weld attachment to the trusses is insufficient to transfer the design seismic loads through the diaphragm and to shear walls. This
results in potential collapse for long duration ground motions much above 0.30 g, a level of shaking which is well below the 2% in 50
year ground motion of 0.56 g that the remainder of the structure was retrofitted. Thus, the as -is building unequivocally poses a high
and unacceptable level of life safety risk. The seismic retrofit project for the KMS Gym directly addresses this remaining vulnerable
portion of the building. The retrofit design to mitigate the structural weakness in the KMS Gymnasium includes adding a diagonal
bracing system consisting of steel pipe to the underside of the gym roof trusses and attaching epoxy embeds to transfer loads into
the shear resisting elements. This upgrade will provide good life safety assurance at PGA = 0.56 g. The increases stiffness of the
building will limit damageiat lower PGA levels. The Kodiak Island Borough will follow established procurement practices to contract
construction for the KMS Gym seismic retrofit.
Milestones /Tasks:
Item 1: Design
1. Pre Design
2, Schematic Design
3, Design Development
4. Construction Documents
Item 2: Bid Phase and other non - construction
1. Plot Documents
2. Advertise
3. Bid Term
4. Open Bids
5. Review Bids
6. Award Contract
Item 3: Construction Phase
1. Begin Construction
2. Construction Term
3. Substantial Completion
4. Final Completion
5. Occupancy
Item 4: Close -out project & grant.
Finalize project documentation & grant submittals
Budget:
-
Item Name Unit Qty Unit of Measure Unit Cost Total
• Construction Management 1 EA $18,331.00 $18,331.00
Design Services Costs 1 EA $8,147.00 $8,147.00
Direct Admin 1 EA $6,332.00 $6,332.00
Construction - Labor, Materials & Equipment 1 EA $425,117.00 $425,117.00
Permits 1 EA $4,073.00 $4,073.00
Total Project Cost $462,000.00
KODIAK ISLAND BOROUGH
ASSEMBLY MEETING
Regular Meeting of: F`t6 *AID
Please PRINT your name Please PRINT your name
S (
. + !
/ KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET
Regular ✓ Special Date: j\ I 0413•0 I C 0
Convened: Recessed: Reconvened: Adjourned:
BY: BY: J Q typfd,
BY: BY: 5� ./ BY: at SECOND: SECOND: L��� ctiy SECON : IIIMI SECOND: j • It SECON I : f /
1 ,
0g�; ' lea-) Ord
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irk el-O
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-- -- . YES NO - -- YES NO YES NOYES ;NO YES
Ms. Austerman ✓ Ms. Austerman Ms. Austerman Ms. Austermar fl Ms. Austerman r /
Mr. Friend Mr. Friend Mr. Friend Mr. Friend t / Mr. Friend 40, v /
Ms. Fulp
I/ Ms. Fulp Ms. Fulp Ms. Fulp
17 v Ms. Fulp v
Ms. Jeffrey
// ' Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey
V
Mr. Kaplan V Mr. Kaplan Mr. Kaplan Mr. Kaplan / Mr. Kaplan V
Ms. Lynch V Ms. Lynch Ms. Lynch Ms. Lynch �/, / Ms. Lynch
Ms. Stutes V Ms. Stutes Ms. Stutes Ms. Stutes V Ms. Stutes V
CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE)
TOTAL: TOTAL: TOTAL: TOTAL: fl 7) TOTAL: 0
The mayor may of vote except in the case where only six members of the assembly are present and there is a t a /three tie vote of the assembly.
Mayor Selby V Mayor Selby Mayor Selby Mayor Selby Mayor Selby
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET
2
/ I /1()(4(,901
Regular V Special Date: t "- I l
Convened: Recessed: Reconvened: Adjourned: 'Wfi'
BY: .4 1 0 BY: , 0 i BY: 0 BY: BY:
SECOND: IOW SECOND; I , I SECOND: / /�( , SECOND: SECOND:
Ti tiVA A 1
°I-
) ( i t c ;\
- YES _ NO ___ YES _d __ - -_ YES { _YES. _ „__YES. ; NO_
Ms. Austerman ✓ Ms. Austerman t/ Ms. Austerman , / Ms. Austerman Ms. Austerman
Mr. Friend Mr. Friend / Mr. Friend Mr. Friend Mr. Friend
Ms. Fulp Ms. Fulp ,/ Ms. Fulp V Ms. Fulp Ms. Fulp
Ms. Jeffrey Ms. Jeffrey ni v , / Ms. Jeffrey V Ms. Jeffrey Ms. Jeffrey
Mr. Kaplan V Mr. Kaplan V Mr. Kaplan Mr. Kaplan Mr. Kaplan
Ms. Lynch ✓ Ms. Lynch V Ms. Lynch ✓ Ms. Lynch Ms. Lynch
Ms. Stutes ✓ Ms. Stutes ✓ Ms. Stutes ✓ Ms. Stutes Ms. Stutes
(CHANGE OF VOTE? RANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?+
TOTAL: , 0 TOTAL: rj a o n TOTAL: (7 0 TOTAL: TOTAL:
The mayor may not vote except in the case wh n y six members of the ass bly are present and there is a three /three tie vote of the assembly.
Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby
Kodiak Island Borough
Assembly Regular Meeting Guidelines
November 4, 2010, 7:30 p.m., Borough Assembly Chambers
1. INVOCATION
Captain John Quinn of the Salvation Army.
2. PLEDGE OF ALLEGIANCE
Please announce: Please remember to turn off ringers on your cell phones or put them
on vibrate.
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 excuse any Assembly member who is 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.
Summary of Consent Agenda Items:
*Regular Meeting Minutes of October 7, 2010.
Recommended motion: Move to approve the agenda and consent agenda.
5. APPROVAL OF MINUTES
*Regular Meeting of October 7, 2010.
*Resolution No. FY2011 -11 Identifying Responsibility for the Maintenance of the
Anton Larsen Dock Replacement.
6. AWARDS AND PRESENTATIONS
A. Student of the Month — Mayor Selby
• Alex "Mikey" Chya, Junior at KIBSD Learning Center
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 — None.
10. BOROUGH MANAGER'S REPORT
11. MESSAGES FROM THE BOROUGH MAYOR
12. UNFINISHED BUSINESS — None.
Kodiak Island Borough Assembly Guidelines
November 4, 2010 Page 1
13. NEW BUSINESS
A. Reorganization of the Kodiak Island Borough Assembly
1. Election of the Deputy Presiding Officer.
Mayor Selby opens the nominations. Nominations may be made by any member
of the Assembly. A second is not needed.
Move to nominate as deputy presiding officer.
Mayor Selby closes the nominations.
If only one individual is nominated, the recommended motion is: Move to cast a
unanimous ballot for as Deputy Presiding Officer.
ROLL CALL VOTE ON MOTION.
If more than one individual is nominated, Mayor Selby asks the clerk to
distribute ballots, collect, and tally the ballots.
Balloting continues until there is a majority vote and the Borough Clerk
announces the Assembly member elected to serve as Deputy Presiding Officer.
B. Contracts — None.
C. Resolutions
1. *Resolution No. FY2011 -11 Identifying Responsibility for the Maintenance of
the Anton Larsen Dock Replacement.
D. Ordinances for Introduction
1. Ordinance No. FY2011 -06 Amending the Kodiak Island Borough Code of
Ordinances Title 8 Health and Safety Chapter 8.30 Prohibition of Smoking.
Recommended motion: Move to adopt Ordinance No. FY2011 -06 in first
reading to advance to public hearing at the next regular Assembly
meeting.
Staff report — Manager Gifford
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
2. Ordinance No. FY2011 -07 Amending Title 3 Revenue and Finance Chapter 3.40
Personal Property Tax.
Recommended motion: Move to adopt Ordinance No. FY2011 -07 in first
reading to advance to public hearing at the next regular Assembly
meeting.
Staff report — Manager Gifford
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
November 4, 2010 Page 2
E. Other Items
1. Accepting a FEMA HMGP Grant for the Seismic Upgrade of the Kodiak Middle
School Gymnasium.
Recommended motion: Move to accept a FEMA HMGP Grant for the
Seismic Upgrade of the Kodiak Middle School Gymnasium in the amount
of $462,000.
Staff report — Manager Gifford
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.)
Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736.
Please ask speakers to sign in and state their name for the record.
15. ASSEMBLY MEMBER COMMENTS
Announcements — Mayor Selby
The Borough offices will be closed on Thursday, November 11, 2010, in observance of
Veteran's Day.
The Assembly work session scheduled for Tuesday, November 16, 2010, and the
regular meeting scheduled for Thursday, November 18, 2010, have been cancelled.
The Borough Clerk's Office will be closed November 15, 16, and 17 and will reopen for
business on Thursday, November 18 at 8 a.m.
The Mayor and members of the Assembly will be traveling to Juneau November 15 -19 to
attend the Alaska Municipal League Conference.
The Borough offices will be closed Thursday, November 25 and Friday, November 26, in
observance of the Thanksgiving holiday.
The next Assembly work session will be held on Tuesday, November 30, 2010, at 7:30
p.m. in the Borough Conference Room. The next regular meeting is scheduled on
Thursday, December 2, 2010, at 7:30 p.m. in the Borough Assembly Chambers.
16. ADJOURNMENT
Recommended motion: Move to adjourn the meeting.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
November 4, 2010 Page 3