The URL can be used to link to this page

2011-03-03 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, March 3, 2011, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. Regular Meetings of January 20 and February 3, 2011. 6. AWARDS AND PRESENTATIONS A. National Women's History Month Proclamation B. Student of the Month for February 2011 C. Employee of the Year 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. Contracts - None. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Local 486 -3231. Page 1 of 2 B. Resolutions 1. *Resolution No. FY2011 -19 Supporting the Alaska Municipal League's Resolution to Amend the Alaska Coastal Management Program and Extend the Program Sunset Date. 2. Resolution No. FY2011 -20 Adopting a 2011 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. 3. Resolution No. FY2011 -21 Requesting the Alaska State Legislature Fully Fund the Energy Rebate Program 4. Resolution No. FY2011 -22 Supporting the Implementation of Lake Fertilization of Karluk, Frazer, and Spiridon Lakes by the Kodiak Regional Aquaculture Association as a Salmon Rehabilitation and Enhancement Method. C. Ordinances for Introduction 1. Ordinance No. FY2011 -12 Amending Title 3 Revenue and Finance Chapter 3.35 Real Property Tax Section 3,35,050 Board of Equalization. D. Other Items 1. *Declaring a Seat on the Architectural /Engineering Review Board Vacant. 2. Confirmation of the Assembly Appointment to the Monashka Bay Road Service Area Board. 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. Architectural /Engineering Review Board Regular Meetings of September 7, 2010. 2. Kodiak Workforce Regional Advisory Council Meetings of November 5, 2010, and December 1, 2010. 3. Parks and Recreation Committee Regular Meetings of January 11, 2011, and January 25, 2011. 4. Planning and Zoning Commission Regular Meetings of November 19, 2010, and December 15, 2010. 5. Solid Waste Advisory Board Regular Meeting of November 10, 2010. 6. Womens Bay Service Area Board Regular Meetings of December 7, 2010, and February 1, 2011. B. Reports 1. Kodiak Island Borough School District Board of Education Regular Meeting Summary of January 24, 2011, and Special Meeting Summary of February 7, 2011. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting January 20, 2011 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, January 20, 2011, 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 Major Sergeant Dave 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, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Engineering and Facilities Director Woody Koning, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. KAPLAN moved to excuse Assembly member Austerman who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA JEFFREY moved to approve the agenda. JEFFREY moved to amend the agenda by adding Item 6.A Student of the Month for January 2011 and removing Item 6.0 Proclamations. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Friend. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Mayor Selby presented the Student of the Month Award for January 2011 to Katie Strong, a senior at Port Lions School. Manager Gifford presented the Employee of the Quarter Award to Eddie Arellano, Maintenance Mechanic for the Engineering & Facilities Department. Manager Gifford presented a ten -year longevity award to Nova Javier, MMC, Borough Clerk in the Clerk's Office. Kodiak Island Borough Assembly Minutes January 20, 2011 Page 1 CITIZENS' COMMENTS None. COMMITTEE REPORTS Assembly member Kaplan reported on the Kodiak Island Borough School District (KIBSD) Budget Advisory Committee meeting. The KIBSD FY2012 draft budget had been issued and the deadline for the KIBSD Board of Education to approve the budget was April 30, 2011. Assembly member Kaplan announced the Solid Waste Advisory Board would meet on Wednesday, February 2, 2011, at 5:15 p.m. in the Borough Conference Room. Assembly member Friend reported on the Architectural /Engineering Review Board meeting held on Tuesday, January 18, 2011. Projects discussed were the Kodiak High School Old Pool Reclamation Project, Design and Estimation for the New Long -Term Care Facility, and the schedule for the public meetings regarding the Kodiak High School Renovation Project. PUBLIC HEARING A. Ordinance No. FY2011 -10 Rezoning Lot 3, Block 1, Woodland Acres Subdivision - 3694 Rezanof Drive East, From RR —Rural Residential To B— Business (Painter Family Trust). KAPLAN moved to adopt Ordinance No. FY2011 -10. At its regular meeting of November 19, 2010, the Planning and Zoning Commission held a public hearing on Case 11 -008 Painter Family Trust. After the public hearing, the Commission found that a rezone from RR -Rural Residential to B- Business was justified in the context of surrounding development and the expressions of support from nearby residents. The Commission deferred the adoption of the findings of fact for this case until the following regular meeting on December 15, 2010. The Commission, in addition to finding the request consistent with the comprehensive plan, also provided certain recommendations to accompany this request regarding screening and concerns about traffic congestion. The Commission recommended approval of the zoning change. Forty -one public hearing notices were mailed on Friday, January 7, 2011. Public hearing notices returned to the Clerk's office were provided to the Assembly. Mayor Selby opened the public hearing. Christy Kinter, Brett Simpler, and Kathy Simpler spoke in opposition of Ordinance No. FY2011- 10. Maria Painter, Ron Painter, and Scott Arndt spoke in support of Ordinance No. FY2011 -10. Mayor Selby closed the public hearing. Assembly members supported the rezone, commented on safety issues in the area, and were in support of reducing the speed limit along Rezanof Drive, specifically within the Mill Bay Road /Rezanof Drive intersection. Kodiak Island Borough Assembly Minutes January 20, 2011 Page 2 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Friend, and Fulp. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • The Bayside Fire Station (BFS) was approved as a Fire Corp Site. BFS was the fourth station in Alaska to be approved for the program. • A free community child car seat check would be held on Saturday, January 22, 2011, 11 a.m. to 2 p.m. at the Bayside Fire Station. • The junk vehicle disposal activity report for the period of August 13, 2010 to January 10, 2011, was provided; 64 vehicles were disposed of during those months. • He would attend the AML /JIA board meeting on Monday, January 24, 2011. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby commended the Bayside Fire Station volunteers for their accomplishments. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2011 -21 Architectural Design Services for the Kodiak High School Renovation Project. FRIEND moved to authorize the manager to execute Contract No. FY2011 -21 with Jensen Yorba Lott of Juneau, Alaska for the Architectural Design Services for the Kodiak High School Renovation Project in an amount not to exceed $5,134,067. The Borough solicited proposals to provide architectural /engineering services for the Kodiak High School Renovation and Addition Project in accordance with KIBC 3.30.070. Seven proposals were received, four firms were short- listed by the Architectural Review Board (ARB), and those four firms provided live presentations during public meetings. The four proposals and presentations were scored by the ARB and as a result, Jensen Yorba Lott was selected for negotiations. Staff negotiated scope, schedule, and price with Jensen Yorba Lott resulting in the proposed contract. Price negotiations employed Washington State's Guidelines for Determining Architect /Engineer Fees for Public Works Building Projects. Basic fees were calculated as a percentage of construction cost plus additional services required for each specific project. The basic services fee in the contract were set at 6.95% of the estimated construction cost after concepts were determined. Additional services for this project were estimated at $908,467. The current • budgeted estimate for construction was $60,800,000. Total estimated NE fee was estimated at $5,014,393. Proposed funding source was Ordinance No. FY2010 -03 General Obligation Bond. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Friend, Fulp, and Jeffrey. Kodiak Island Borough Assembly Minutes January 20, 2011 Page 3 Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2011 -11 Amending Title 2 Administration And Personnel Chapter 2.20 Borough Mayor Section 2.20.040 Duties and Chapter 2.25 Borough Assembly By Instituting Section 2.25.040 Representation Of Assembly Position to Require Assembly Discussion or 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. STUTES moved to adopt Ordinance No. FY2011 -11 in first reading to advance to public hearing at the next regular meeting of the Assembly. This ordinance would amend KIBC 2.20.040 and institute KIBC 2.25.040 requiring both the Borough Mayor and Assembly members to obtain Assembly approval before stating or announcing the position of the Borough on any given issue in writing or electronic form to avoid or reduce the potential for confusion and misunderstanding. This ordinance was requested by Assembly member Stutes. It was placed on the agenda on November 4, 2010, addressing Mayoral communication only. During packet review, the Assembly gave direction to the Clerk to address assembly members also. The revised ordinance was sent to the Borough attorney for legal review and there was no objection to the proposed revisions. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Friend, Fulp, Jeffrey, and Kaplan. Other Items None. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly members congratulated awards recipients and encouraged the community to participate in the Kodiak High School Renovation Project by providing public input. Assembly member Stutes congratulated Bayside Fire Station volunteers for their accomplishments. Assembly member Lynch was glad to be moving forward with Contract No. FY2011 -21. Assembly member Jeffrey noted that she had received calls regarding Borough land to be sold. Manager Gifford stated that potential parcels would soon be identified and then provided to the Assembly for approval. Kodiak Island Borough Assembly Minutes January 20, 2011 Page 4 Announcements Mayor Selby announced the Borough Assembly and the City Council would meet in a Joint Work Session on Tuesday, January 25, 2011, at 7:30 p.m. in the Borough Assembly Chambers. The next Assembly work session would be held on Thursday, January 27, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly was scheduled on Thursday, February 3, 2011. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Friend, Fulp, Jeffrey, Kaplan, and Lynch. The meeting adjourned at 8:37 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes January 20, 2011 Page 5 KODIAK ISLAND BOROUGH Assembly Regular Meeting February 3, 2011 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, February 3, 2011, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of January 6, 2011, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed the Month of February 2011 as National Teen Dating Violence Awareness and Prevention Month. CITIZENS' COMMENTS Scott Arndt commented about the need to provide additional information on Resolution No. FY2011 -18. Andy Ozols addressed the need to address traffic conditions on Mill Bay /Rezanof instersection. Al Burch presented a letter of recognition from the Prince William Sound Regional Citizens Advisory Council advising that the Coast Guard Authorization Act of 2010 and 2011 in Section 711 had been signed into law. Sumie Ono spoke against the expansion of curbside pickup and the removal of dumpsters. COMMITTEE REPORTS Kodiak College Director Barbara Bolson, along with students Jason Opheim, Aliah Monge, and Jose DelaCruz, spoke in support of and expressed their appreciation for the Borough's support of the Smart Track program and the Learning Center. Kodiak Island Borough Assembly Minutes February 3, 2011 Page 1 Assembly member Stutes spoke on the International Pacific Halibut Commission meetings that she attended in Victoria, British Columbia. Assembly member Kaplan spoke on the International Pacific Halibut Commission meetings he attended in Victoria, British Columbia. He also reported that the Solid Waste Advisory Board (SWAB) was in the process of drafting by -laws for the board. Assembly member Fulp reported on the Kodiak High School Renovation Design meetings. Assembly member Friend reported on the Kodiak High School Renovation Design meetings. The public was encouraged to attend and participate in the future meetings. He also noted that the Architectural Review Board would meet on February 15, 2011. PUBLIC HEARING A. Ordinance No. FY2011 -11 Amending Title 2 Administration and Personnel Chapter 2.20 Borough Mayor Section 2.20.040 Duties and Chapter 2.25 Borough Assembly By Instituting Section 2.25.040 Representation Of Assembly Position to Require Assembly Discussion or 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 STUTES moved to adopt Ordinance No. FY2011 -11. This ordinance amended KIBC 2.20.040 and instituted KIBC 2.25.040 which required both the Borough Mayor and Assembly members to 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. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. FULP moved to amend the resolution by deleting "Official borough letterhead shall not be used for any personal communications by the Mayor or any Assembly member" on line 52 and 53 of the ordinance. ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED FOUR TO THREE: Austerman, Friend, Fulp, and Stutes (Ayes); Jeffrey, Kaplan, and Lynch (Noes). ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FOUR TO THREE: Friend, Fulp, Stutes, and Austerman (Ayes), Jeffrey, Kaplan, Lynch (Noes). BOROUGH MANAGER'S REPORT Manager Gifford reported on the following; • Regional Leadership Forum that were being held at the College. • Spoke to the process and procedure of expanding roll carts with Alaska Waste. Further discussion would take place at the work session on February 24, 2011. Kodiak Island Borough Assembly Minutes February 3, 2011 Page 2 • He would be travelling to attend the Alaska Municipal League Winter Meeting and Southwest Alaska Municipal Conference and would return to the office February 13, 2011. MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2011 -22 Supply and Installation of Digital HVAC Control for the Main Air Handler Unit in the Borough Building. JEFFREY moved to authorize the manager to execute Contract No. FY2011 -22 with Control Contractors, Inc. of Anchorage, AK for the supply and installation of digital HVAC controls for the main air handler (AHU #1) in the Borough Building in an amount not to exceed $39,123. The air handling controls and louvers in the Borough Building had been malfunctioning for many years and were identified in the Renewal and Replacement schedule for replacement. This upgrade would improve indoor air quality, reduce energy waste, and eliminate the labor expense needed to control the system manually. The scope of work included demolition of the old pneumatic system and installation of direct digital controls of Air Handling Unit #1, domestic hot water, and heating zones. The Universal Network Controller provided web accessible control and monitoring included email alarms. Barber - Colman DDC controls were the selected Borough standard, and had been installed in all new facilities including all schools, Kodiak Fisheries Research Center, and the hospital. A standardization of products, installation, maintenance, and support services was a common practice for both economic and operational reasons. Standardization allowed for the efficient parts inventory, training, and handling of the facilities' mechanical control systems; the systems were integrated and networked. The use of a Sole Source Preferred Product, Barber - Colman Controls and its sole vendor in Alaska, Control Contractors, Inc. of Anchorage, had been in place for many years due to the uniqueness of the services. CCI provided an estimate of $39,123 to complete this scope of work. Payment would be made on an actual time and materials basis. Funding sources included $32,810 from the Energy block Grant and $6,313 from the Renewal and Replacement Fund. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Austerman, and Friend. Kodiak Island Borough Assembly Minutes February 3, 2011 Page 3 2. Contract No. FY2011 -23 Supply and Installation of Digital HVAC Controls for Karluk School. FRIEND moved to authorize the Manager to execute Contract No. FY2011 -23 with Control Contractors, Inc. of Anchorage, AK for the supply and installation of digital HVAC controls for Karluk School in an amount not to exceed $54,500. The air handling controls at the Karluk School had been malfunctioning for many years and were identified in the Renewal and Replacement schedule for replacement. This upgrade improved indoor air quality, reduced energy waste, and eliminated the labor expense needed to control the system manually. The scope of work included demolition of the old 80/80 computerized system and installation of new Network 8000 direct digital controls for the following systems, Boiler, Pump Controls, Air Handler 1 &2, Baseboard controls and heating zones. The Universal Network Controller would provide web accessible controls. Barber - Colman DDC controls were the selected Borough standard, and had been installed in all new facilities including all schools, Kodiak Fisheries Research Center, and the hospital. A standardization of products, installation, maintenance and support services was a common practice for both economic and operational reasons. Standardization allowed for the efficient parts inventory, training, and handling of the facilities' mechanical control systems; the systems were integrated and networked. The use of a Sole Source Preferred Product, Barber - Colman Controls and its sole vendor in Alaska, Control Contractors, Inc. of Anchorage, had been in place for many years due to the uniqueness of the services. CCI has provided an estimate of $52,537 to complete this scope of work. Payment would be made on an actual time and materials basis. This project was due to be funded by the Renewal and Replacement Fund. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Austerman, Friend, and Fulp. Resolutions 1. Resolution No. FY2011 -16 Establishing the Date for the Citizens Board of Equalization Hearings for the Year 2011 and Establishing the Date When Taxes Become Delinquent. This item was approved under the consent agenda. The Board of Equalization hearing of appeals from the 2011 assessed valuations of real and personal property within the Kodiak Island Borough would be held on Monday, May 2 and Tuesday, May 3, 2011, and would continue from day to day as established by the Board of Equalization and the Borough Clerk until all properly filed appeals had been heard. The meeting would start at 7:30 p.m. in the assembly chambers of the Kodiak Island Borough. The resolution also reflected the date taxes were due as October 17, 2011, unless the taxpayer elected to pay the taxes in two equal installments, then the first half was due on August 15, 2011, and the second half was due on November 15, 2011. Kodiak Island Borough Assembly Minutes February 3, 2011 Page 4 2. Resolution No. FY2011 -17 Adopting the Kodiak Island Borough Strategic Plan for the Years 2011 -2015. JEFFREY moved to adopt Resolution No. FY2011 -17. The Assembly held a strategic planning session January 15, 2011, and the session culminated in the preparation of Resolution No. FY2011 -17. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Austerman, Friend, Fulp, and Jeffrey. 3. Resolution No. FY2011 -18 Authorizing the Borough to Issue General Obligation School Bonds, 2011 Series A in the Principal Amount not to Exceed $8,000,000 to Provide Funds For School and Related Capital Improvements in the Borough and to Pay Costs of Issuing the Bonds, Fixing Certain Details of Such Bonds, Authorizing Their Sale, and Providing for Related Matters. JEFFREY moved to adopt Resolution No. FY2011 -18. This resolution allowed the Borough to issue the first $8,000,000 of the approved $76,410,000 High School Renovation and Additions bonds to finance the initial architectural and engineering design work. At the time the plan was to sell an additional $25,000,000 in FY2012, $25,000,000 in FY2013, and $18,310,000 in FY2014. Additional information was given to the Assembly regarding the bonds. Finance Director Karl Short provided a synopsis of the information. The information was made available to the public. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Austerman, Friend, Fulp, Jeffrey, and Kaplan. Ordinances for Introduction None. Other Items 1. Confirmation of the Assembly Appointment to the Board of Equalization. JEFFREY moved to confirm the Assembly appointment of Ms. Carrie Morton to the Board of Equalization for a term to expire December 2013. On January 26, 2011, Ms. Carrie Morton submitted an application for the vacant seat on the Board of Equalization for a term to expire December 2013. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Friend, Fulp, Jeffrey, Kaplan, and Lynch. Kodiak Island Borough Assembly Minutes February 3, 2011 Page 5 2. Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council. JEFFREY moved to confirm the mayoral appointment of Elizabeth Chilton to a three -year seat to expire March 2014 to Cook Inlet Regional Citizens Advisory Council. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. CITIZENS' COMMENTS Scott Arndt spoke in opposition of the expansion of the curbside pick -up noting most roads in the proposed area did not have paved roads or sidewalks. ASSEMBLY MEMBER COMMENTS Assembly member Stutes thanked Andy Ozols for his comments and thanked Al Burch for his time on the PWSRCAC. She requested updated information on the process for putting the transfer stations in place. In response, Manger Gifford noted that Staff had been working on prospective sites and would provide updates to the Assembly in the near future. Assembly member Kaplan noted SWAB was currently developing a survey regarding recycling habits and the significance of the recycle system in Kodiak. Assembly member Jeffrey reported that there were areas within the City limits that were not on paved roads and without sidewalks that did have garbage curbside service and felt it was reasonable to expand into densely populated areas. She reported on recycling programs being implement in the villages. Assembly member Fulp considered it a privilege being on the Assembly at a time when the Assembly was dealing with the building of the new high school. She noted she will be presenting a tax protection ordinance to prevent huge spikes in taxes. Assembly member Austerman thanked Assembly members Kaplan and Stutes for attending the International Pacific Halibut Commission meetings. Announcements Mayor Selby announced that GCI made a commitment to air the Assembly meetings starting at the next regular meeting. He announced that the Assembly work session scheduled for Thursday, February 10, 2011, and the regular meeting scheduled for Thursday, February 17, 2011, were canceled. The Mayor and members of the Assembly would travel to attend the Alaska Municipal League in Juneau February 7 -9, 2011, and Southwest Alaska Municipal Conference in Anchorage February 8 -12, 2011. The next Assembly work session would be held on Thursday, February 24, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly was scheduled on Thursday, March 3, 2011. Kodiak Island Borough Assembly Minutes February 3, 2011 Page 6 ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Austerman. The meeting was adjourned at 9 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes February 3, 2011 Page 7 KODIAK ISLAND BOROUGH AGENDA STATEMENT MARCH 3, 2011 REGULAR MEETING ITEM NO: 13.B.1 TITLE: Resolution No. FY2011 -19 Supporting the Alaska Municipal League's Resolution to Amend the Alaska Coastal Management Program and Extend the Program Sunset Date. SUMMARY: The Alaska Coastal Management Program (ACMP) will sunset on June 1, 2011. This program has served the Borough well in the past when oil and gas exploration was occurring off Kodiak's shore. Under the plan, the local governments' "consistency provision" provided a mechanism where fisherman and the oil companies were able to sit down and develop a plan to allow exploration without impacting fishing seasons and fishing gear. The plan was also cited when a floating incinerator was contemplated to be located in Viekoda Bay to incinerate absorbent materials that were collected as part of the massive cleanup effort during the Exxon oil spill. The program has played a lesser role lately under the Murkowski administration. The program was centralized and a number of important components (enforceable policies and consistency review) was taken away from local governments and moved to the Governor's office and the Department of Natural Resources. Also, large scaled projects or further exploration off our coast have not occurred. But exploration will again occur and on -shore support facilites could be needed. With the suggested amendments, the ACMP will again guarantee Kodiak a key seat at the table in any major development and a key voice when coordinating comments on projects with state and federal government agencies. This resolution extends the sunset date of the program, restructures the program to return authority to local government, recreates a coastal policy board, and returns authority to resource agencies all in an effort to promote responsible development while protecting Kodiak's coastal resources. FISCAL NOTES: Account No.: N/A Amount Budgeted: N/A Expenditure Required: N/A APPROVAL FOR AGENDA: ,�j ,p At-40, RECOMMENDED MOTION: Move to adopt Resolution No. FY2011 -19. 1 Introduced by: Borough Manager 2 Requested by: CDD Director 3 Drafted by: CDD Director Introduced on: 03/03/2011 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2011 -19 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 SUPPORTING THE ALASKA MUNICIPAL LEAGUE'S RESOLUTION 11 TO AMEND THE ALASKA COASTAL MANAGEMENT PROGRAM 12 AND EXTEND THE PROGRAM SUNSET DATE 13 14 WHEREAS, the Kodiak Island Borough Assembly is the governing body of Kodiak Island; 15 and 16 17 WHEREAS, the Assembly desires to promote and strengthen the Borough's continued 18 participation in the Alaska Coastal Management Program (ACMP); and 19 20 WHEREAS, the Kodiak Island Borough's Coastal Management Plan has been an 21 important program that promotes a balance between economic development and protection 22 of coastal resources; and 23 24 WHEREAS, in recognition that the ACMP gives Alaska's coastal municipalities a powerful 25 tool to promote responsible development while protecting coastal resources and uses, the 26 Alaska Municipal League recently passed a resolution supporting the continuation of the 27 ACMP, reestablishing a coastal policy board, bring back air and water quality issues in the 28 ACMP consistency review process, eliminating requirements for designating subsistence 29 use areas and allowing for meaningful policies; and 30 31 WHEREAS, the ACMP will sunset on July 1, 2011 unless the Alaska State Legislature 32 extends the program; and 33 34 WHEREAS, The Borough wishes to join in AML's support of the continued operation and 35 enhancement of the ACMP. 36 37 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 38 BOROUGH that it supports legislation that will extend the ACMP, that establishes a coastal 39 policy board, that brings back air and water quality issues into the ACMP consistency 40 review, eliminates requirements for designation of subsistence use areas, and allows for 41 meaningful enforceable policies. 42 43 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 44 THIS DAY OF 2011 45 46 KODIAK ISLAND BOROUGH 47 48 49 50 ATTEST: Jerome M. Selby, Borough Mayor 51 52 53 54 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2011 -19 Page 1 of 1 KODIAK ISLAND BOROUGH AGENDA STATEMENT MARCH 3, 2011 REGULAR MEETING ITEM NO: 13.B.2 TITLE: Resolution No. FY2011 -20 Adopting a 2011 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. SUMMARY: As a regional government, the Kodiak Island Borough represents the communities of the Kodiak Island Archipelago. These communities include the City of Kodiak, City of Akhiok, City of Larsen Bay, City of Old Harbor, City of Ouzinkie, City of Port Lions, and the community of Karluk. In these communities there are improvements and infrastructure that include docks, airports, community utilities, and facilities. Project needs have been indentified and prioritized by each community and forwarded to the Kodiak Island Borough by resolution for inclusion into a 2011 State Legislative Capital Improvement Projects Priority List to be sent to the governor and state legislative delegation. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: • APPROVAL FOR AGENDA: 17 RECOMMENDED MOTION: Move to adopt Resolution No. FY2011 -20. 1 Introduced by: Borough Manager 2 Requested by: Borough Assembly 3 Drafted by: Special Projects Support Introduced on: 03/03/2011 4 Adopted on: 5 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2011 -20 9 10 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADOPTING A 2011 11 KODIAK ISLAND BOROUGH COMMUNITIES STATE LEGISLATIVE CAPITAL 12 IMPROVEMENT PROJECTS PRIORITY LIST 13 14 WHEREAS, the Kodiak Island Borough is a regional government representing the citizens 15 and communities of the Kodiak Island Archipelago; and 16 17 WHEREAS, these communities have developed a list of improvement and infrastructure 18 needs for their citizens and visitors; and 19 20 WHEREAS, these communities include the home rule city of Kodiak, the second class 21 cities of Akhiok, Larsen Bay, Old Harbor, Ouzinkie, and Port Lions; and the unincorporated 22 community of Karluk; and 23 24 WHEREAS, Community Capital Improvement Project (CIP) needs are identified and 25 prioritized by each of the communities and forwarded to the Kodiak Island Borough for 26 inclusion into an island wide list to be considered by the Alaska Legislature. 27 28 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH that the Kodiak Island Borough Communities 2011 State Legislative Capital 30 Improvement Projects Priority Lists are as follows: 31 32 City of Kodiak 33 1. UV Water Treatment Facility Construction $3,528,000 34 2. New Public Library Design $6,888,110 35 3. Phase I Baranof Park Improvements $2,000,000 36 4. Pedestrian Improvements Pier II to Downtown $1,000,000 37 5. Pathway Design from Pier II to Kodiak City Boundary $384,000 38 Total $13,800,110 39 40 City of Akhiok 41 1. New Water Treatment Plant $2,990,000 42 2. New Water Holding Tanks and Distribution Lines $750,000 43 3. Sewer System $250,000 44 4. Landfill $250,000 45 5. New Waterbreak (erosion control) $750,000 46 6. Feasibility Study for Alternative Energy $100,000 47 7. Tsunami Shelter $50,000 48 Total $5,140,000 49 50 51 Kodiak Island Borough Resolution No. FY2011 -20 Page 1 of 3 52 City of Larsen Bay 53 1. Design, Engineering and Cost Analysis for Deepwater 54 Dock/Moorage for Fuel Barge & Header Piping $550,000 55 2. Replacement Aggregate for Road System Resurfacing $500,000 56 3. Upgrade and Deepen Water Reservoir and Dam $1,250,000 57 4. Upgrade City /Senior/Teen Center Municipal Building $750,000 58 5. Replace Machine Shop Building /Garage $650,000 59 6. Electric Heat vs. Boilers in Municipal Building $25,000 60 Total $3,725,000 61 62 City of Old Harbor 63 1. Hydroelectric Power Project $6,000,000 64 2. Airport Improvements $14,000,000 65 3. Dumpster Truck/Swap Loader /Bear Proof Dumpsters $85,000 66 4. Water Distribution Improvement $18,000 67 5. City Shop $120,000 68 6. Emergency Response Skiff With Outboard Motor and Trailer $75,000 69 7. Fish Cleaning Float/Gut Barge $30,000 70 8. Equipment Upgrade $25,000 71 9. Equipment: Mini Excavator $50,000 72 Total $20,403,000 73 74 City of Ouzinkie 75 1. Dock/Industrial Area Construction & Development $4,000,000 76 2. Water Transmission Lines $4,132,000 77 3. Electrical Infrastructure Upgrade $730,000 78 4. Community Roads Replacement $3,735,000 79 5. Alternative Energy Projects $250,000 80 6. Community Vehicle $30,000 81 7. Fork Lift Replacement $125,000 82 8. Fuel Truck Replacement $400,000 83 9. Ouzinkie Municipal Building $1,400,000 84 10. Heavy Equipment Storage Building /Shop $250,000 85 11. Fire Hall Roof Replacement $10,000 86 12. Fire Hall Furnace Replacement $7,500 87 13. Electrical Upgrade to Boat Harbor $20,000 88 14. Tourism Development $392,500 89 15. Rock Crusher $150,000 90 16. Landfill Maintenance Equipment $100,000 91 17. Community Commercial Kitchen Facility $150,000 92 18. Upgrade Freezer Building /Fish Processing Facility $350,000 93 Total $16,232,000 94 95 City of Port Lions 96 1. City Dock and Ferry Terminal Replacement $4,300,0008,000,000 97 2. Small Boat Harbor Replacement, Phase II $4,000,000 98 3. Port Lions Causeway $25,000 99 4. Rock Screen and Conveyor $100,000 100 5. Excavator $85,000 101 6. Native Village of Port Lions Building $7,000,000 102 7. Harbor Water Main $1,000,000 Kodiak Island Borough Resolution No. FY2011 -20 Page 2 of 3 103 8. Municipal Building $300,000 104 9. City Maintenance Shop $200,000 105 10. Road Upgrades $500,000 106 11. New Subdivision $800,000 107 12. Search & Rescue Skiff $100,000 108 Total $18,410,000 109 110 Community of Karluk 111 1. Water Treatment Plant $2,990,000 112 2. Pre -pay electrical system $50,000 113 3. Landfill $500,000 114 4. Karluk Church Restoration $275,000 115 5. Permanent Dock Facility $12,000,000 116 6. Multi- Purpose Building $750,000 117 7. Fuel Truck, Bull Dozer, Fire Truck $600,000 118 8. Grant Writing Assistance $20,000 119 Total $17,185,000 120 121 BE IT FURTHER RESOLVED that the Kodiak Island Borough administration is hereby 122 instructed to advise the Governor and our Legislative Representatives of the State of 123 Alaska of the Kodiak Island Borough Communities 2011 State Legislative Capital 124 Improvements Project Priority List adopted by the Kodiak Island Borough Assembly. 125 126 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 127 THIS DAY OF 2011 128 129 KODIAK ISLAND BOROUGH 130 131 132 133 Jerome M. Selby, Borough Mayor 134 135 ATTEST: 136 137 138 139 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2011 -20 Page 3 of 3 KODIAK ISLAND BOROUGH AGENDA STATEMENT MARCH 3, 2011 REGULAR MEETING ITEM NO: 13.B.3 TITLE: Resolution No. FY2011 -21 Requesting the Alaska State Legislature Fully Fund the Energy Rebate Program. SUMMARY: To help combat the escalating energy costs, the Alaska Legislature created the Home Energy Rebate program dedicated to making Alaska's homes more energy efficient. The Rebate program helps Alaska residents, especially those in rural areas, save money through lower fuel bills by reducing the need to depend upon foreign oil to generate electricity, heat homes, and fuel vehicles, and also puts money back into the local and statewide economies by creating job opportunities. Rural Alaska residents, already paying some of the highest energy bills in the nation, would benefit in many ways from their own allocated funding stream, separate from that of the road system residents. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: r � c� RECOMMENDED MOTION: Move to adopt Resolution No. FY2011 -21. 1 Introduced by: Borough Manager 2 Requested by: Assembly Member Friend 3 Drafted by: Borough Clerk Introduced on: 03/03/2011 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2011 -21 8 9 A RESOLUTION OF THE ASSEMBLY REQUESTING THE ALASKA 10 STATE LEGISLATURE FULLY FUND THE ENERGY REBATE PROGRAM 11 12 WHEREAS, Alaska faces unprecedented energy challenges, including escalating energy 13 costs and overdependence on foreign oil, especially in rural Alaska; and 14 15 WHEREAS, to help combat these high costs, the Alaska legislature created the Home 16 Energy Rebate program to help make Alaska's homes more energy efficient; and 17 18 WHEREAS, the Kodiak Island Borough recognizes that our dependence on foreign oil to 19 generate our electricity, heat our homes, and drive our vehicles results in extremely high 20 energy costs, and has become a significant barrier to economic development; and 21 22 WHEREAS, the Rebate program not only helps Alaska residents save money through 23 lower fuel bills, but also puts money back into the local and statewide economies by 24 creating at least 2500 jobs with projections of up to 4000 jobs; and 25 26 WHEREAS, the Kodiak Island Borough recognizes that the Energy Rebate program is a 27 beneficial program for Alaska's residents; however, the rural areas of Alaska — already 28 paying some of the highest energy bills in the nation — may not always receive the full 29 benefits of the program due to a variety of issues, including travel policies related to 30 auditors /raters, relative costs of materials and contractors, availability of contractors, 31 relatively short building seasons, rigid sailing and shipping schedules, and the higher price 32 of air freight for large construction materials; and 33 34 WHEREAS, rural Alaska could benefit from its own set -aside funding stream that is 35 separate from that of the road system residents, so funds can be fully utilized for those off 36 of the road system; and 37 38 WHEREAS, the 18 -month turnaround time for rebate program reimbursements 39 oftentimes is difficult to accomplish in rural Alaska. 40 41 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 42 ISLAND BOROUGH requests the Alaska State Legislature to fully fund the Energy Rebate 43 Program to benefit all Alaskans. 44 45 46 47 Kodiak Island Borough Resolution No. FY2011 -21 Page 1 of 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT MARCH 3, 2011 REGULAR MEETING ITEM NO: 13.B.4 TITLE: Resolution No. FY2011 -22 Supporting the Implementation of Lake Fertilization of Karluk, Frazer, and Spiridon Lakes by the Kodiak Regional Aquaculture Association as a Salmon Rehabilitation and Enhancement Method. SUMMARY: This resolution was requested by the Kodiak Regional Aquaculture Association. A number of Kodiak Archipelago lakes which have historically been major sockeye salmon producers are currently in a depressed state of production among those depressed systems. The depressed sockeye production of these lakes has a devastating effect on Kodiak's west side and south end salmon fisheries and a negative impact on the Borough economy. Karluk, Frazer, and Spiridon lakes have been identified as having strong potential for substantially increased sockeye salmon production if lake fertilization projects are initiated. Through the Kodiak Regional Aquaculture Association, Kodiak Management Area salmon fishermen have committed significant funding to lake fertilization to restore these fisheries. Lake fertilization projects have contributed to sustainable fisheries and economic development that directly benefits Kodiak sport, subsistence, and commercial fishermen, seafood processors, and the Borough government, which receives raw fish tax revenues Local government support is a key factor in the State Legislature's consideration of support and potential funding for local projects and the Borough has a history of providing support and funding for fisheries development, and specifically for fertilization of Karluk and Frazer lakes. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2011 -22. 1 Introduced by: Borough Assembly 2 Requested by: Kodiak Region Aquaculture Association 3 Drafted by: Kodiak Region Aquaculture 4 Association 5 Introduced on: 03/03/2011 6 Adopted on: 7 8 KODIAK ISLAND BOROUGH 9 RESOLUTION NO. FY 2011 -22 10 11 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 12 SUPPORTING THE IMPLEMENTATION OF LAKE FERTILIZATION OF KARLUK, 13 FRAZER, AND SPIRIDON LAKES BY THE KODIAK REGIONAL 14 AQUACULTURE ASSOCIATION AS A SALMON REHABILITATION AND 15 ENHANCEMENT METHOD 16 17 WHEREAS, the Kodiak Management Area salmon fishermen and the Kodiak Island 18 Borough have benefited greatly from salmon enhancement and rehabilitation programs; 19 and 20 21 WHEREAS, the Alaska Department of Fish and Game has a Lake Fertilization Policy 22 built upon strong scientific research and intended to protect wild salmon populations and 23 habitat; and 24 25 WHEREAS, there is a strong body of scientific literature recognizing lake fertilization as 26 an effective method of improving sockeye salmon habitat and production; and 27 28 WHEREAS, lake fertilization has been successfully implemented by the Alaska 29 Department of Fish and Game and the Kodiak Regional Aquaculture Association to 30 rehabilitate and enhance sockeye salmon production of multiple Kodiak Archipelago Lakes 31 in the past; and 32 33 WHEREAS, lake fertilization projects have contributed to sustainable fisheries and 34 economic development that directly benefits Kodiak sport, subsistence, and commercial 35 fishermen, seafood processors, and the Borough government, which receives raw fish tax 36 revenues; and 37 38 WHEREAS, a number of Kodiak Archipelago lakes which have historically been major 39 sockeye salmon producers are currently in a depressed state of production; and 40 41 WHEREAS, among those depressed systems, Karluk, Frazer, and Spiridon lakes have 42 been identified as having strong potential for substantially increased sockeye salmon 43 production if lake fertilization projects are initiated; and 44 45 WHEREAS, the depressed sockeye production of these lakes has a devastating effect 46 on Kodiak's west side and south end salmon fisheries and negative impact on the Borough 47 economy and the five villages in the area; and 48 Kodiak Island Borough Resolution No. FY2011 -22 Page 1 of 2 49 WHEREAS, through the Kodiak Regional Aquaculture Association, Kodiak Management 50 Area salmon fishermen have committed significant funding to lake fertilization to restore 51 these fisheries; and 52 53 WHEREAS, the Borough has a history of providing support and funding for fisheries 54 development, and specifically for fertilization of Karluk and Frazer lakes; and 55 56 WHEREAS, local government support is a key factor in the State Legislature's 57 consideration of support and potential funding for local projects; and 58 59 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 60 ISLAND BOROUGH supports lake fertilization as a salmon rehabilitation and 61 enhancement method and supports the implementation of lake fertilization of Karluk, 62 Frazer, and Spiridon lakes by the Kodiak Regional Aquaculture Association as soon as 63 possible; and 64 65 BE IT FURTHER RESOLVED, THAT THE ASSEMBLY OF THE KODIAK ISLAND 66 BOROUGH is committed to educating the community about the need, the benefits, and the 67 safety of lake fertilization projects and will submit letters of support for these projects to 68 State and Federal legislators and appropriate governmental agencies; and 69 70 BE IT FURTHER RESOLVED, THAT THE ASSEMBLY OF THE KODIAK ISLAND 71 BOROUGH supports the efforts of Kodiak Regional Aquaculture Association to obtain from 72 the U.S. Department of Interior a NEPA waiver, categorical exclusion, or statutory 73 exemption for the proposed projects, or otherwise facilitate an expedited review and 74 permitting process, so that lake fertilization can be implemented as early as May 2011; and 75 76 BE IT FURTHER RESOLVED, THAT THE ASSEMBLY OF THE KODIAK ISLAND 77 BOROUGH will allocate matching funds of up to $50,000 to Kodiak Regional Aquaculture 78 Association lake fertilization projects and will seek to procure additional funding for these 79 projects from the State of Alaska. 80 81 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 82 THIS DAY OF 2011 83 84 KODIAK ISLAND BOROUGH 85 86 87 88 ATTEST: Jerome M. Selby, Borough Mayor 89 90 91 92 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2011 -22 Page 2 of 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT MARCH 3, 2011 REGULAR MEETING ITEM NO: 13.C.1 TITLE: Ordinance No. FY2011 -12 Amending Title 3 Revenue And Finance Chapter 3.35 Real Property Tax Section 3.35.050 Board Of Equalization SUMMARY: KIBC Section 3.35.050 has not been updated since 1978 except for a minor revision in 1998 which dealt with member appointments. It is in the best interests of the Kodiak Island Borough to amend this section to provide clear and better guidance for appellants regarding the BOE appeals. The proposed changes also set better standards and establishes better process for the Board of Equalization hearings. The proposed changes were derived from current practices being used by other municipalities in the State. The Board of Equalization convened on Tuesday, February 15 and reviewed and revised the initial draft prepared by Staff. The ordinance was approved by the board and was reviewed by the Borough Attorney for legal compliance. Staff and BOE request the Assembly to move forward by approving the proposed code changes. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: drje 1-9 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2011 -12 in first reading to advance to public hearing at the next meeting of the Assembly. Introduced by: Borough Assembly Requested by: Board of Equalization Drafted by: Borough Clerk and Assessor Introduced: 03/03/2011 Public Hearing: Adopted: 1 2 KODIAK ISLAND BOROUGH 3 ORDINANCE NO. FY2011 -12 4 5 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 6 AMENDING TITLE 3 REVENUE AND FINANCE CHAPTER 3.35 REAL PROPERTY TAX 7 SECTION 3.35.050 BOARD OF EQUALIZATION 8 9 WHEREAS, KIBC Section 3.35.050 has not been updated since 1978 except for a minor 10 revision in 1998 which dealt with member appointments; and 11 12 WHEREAS, it is in the best interests of the Kodiak Island Borough to amend this section 13 to provide clear and better guidance for appellants regarding the BOE appeals; and 14 15 WHEREAS, the proposed changes also set better standards and establishes better 16 process for the Board of Equalization hearings. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 19 BOROUGH THAT: 20 21 Section 1: This ordinance is of a general and permanent nature and shall become a part 22 of the Kodiak Island Borough Code of Ordinances; 23 24 Section 2: Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance 25 Chapter 3.35 Real Property Tax Section 3.35.050 Board of Equalization is hereby amended 26 as follows: 27 28 3.35.050 Board of equalization. 29 A. Membership, Qualification, Duties, Terms. 30 1. Members. The board of equalization shall be composed of five persons, not assembly 31 members, appointed by the assembly. At least one alternate member shall be 32 appointed. 33 2. Alternate Mombers. The assembly shall appoint alternate members. Tho alternato 34 ... 35 36 37 38 Kodiak Island Borough Ordinance No. FY2011 -12 Page 1 of 7 39 2. Qualifications. Members and alternate members should be appointed on the basis of 40 their expertise in real and personal property appraisal, the real estate market, the 41 personal property market, and other fields related to their functions as board members. 42 Each member shall be a qualified voter of the borough and shall remain a resident 43 of the borough while in office. 44 3. Duties. The board may determine equalizations on properties brought before the 45 board by appellants. It shall only hear appeals for relief from an alleged error in 46 valuation on properties before the board by an appellant. 47 4. Terms of Office. Upon confirmation, members and alternate members shall serve for 48 three years or until their successors are appointed and confirmed. Of the members 49 initially appointed, two shall serve three -year terms, two shall serve two -year terms, and 50 one shall serve a one -year term. 51 5. Hearing Dates. The board shall commence hearings on the first Monday in May, 52 unless otherwise changed by resolution. Hearings will continue from day to day 53 as established by the board and the borough clerk until all properly filed appeals 54 have been heard. 55 56 B. Chairperson. The board annually shall elect a member to serve as its chairperson. The 57 chairperson may call meetings of the board, shall exercise such control over meetings as to 58 ensure the fair and orderly resolution of appeals, shall make rulings on the admissibility of 59 evidence, and shall conduct the proceedings of the board in conformity with this chapter. A 60 vice - chairperson shall also be selected to serve in the chairperson's absence. If both 61 are absent, the members present shall select a person to preside. 62 63 C. Appeals to the Board. 64 1. A person whose name appears on the assessment roll, or his agent or assigns the 65 authorized representative of that person, may appeal to the board for relief for an 66 alleged error in valuation not adjusted by the assessor to the taxpayer's satisfaction. The 67 authorized representative shall be named by the property owner in writing to the 68 assessor and board of equalization at the time of filing or no later than three days 69 in advance of hearing. The time requirement for providing a representative in 70 writing may be waived at the determination of the board during the hearing, if 71 good cause is shown that may include, but not limited to, the following: stranded 72 from Kodiak due to inclement weather, serious medical condition, serious family 73 emergency, or death in the family, 74 2. ... 75 76 77 shall be made. 78 79 80 81 Kodiak Island Borough Ordinance No. FY2011 -12 Page 2 of 7 82 The appellant shall, within 30 calendar days after the date of mailing of notice of 83 assessment, submit to the assessor a written appeal specifying grounds for such 84 appeal. The board shall prescribe the form in which written notices of appeal shall 85 be made. Otherwise, the right of appeal ceases unless the board of equalization 86 finds that the taxpayer was unable to comply within the 30 day appeal period and 87 grants a hearing to the appellant. 88 3. The assessor shall notify the appellant by mail, and email if provided, of the time 89 and place for the hearing and assign a docket number of appeal. 90 4. Parties to whom notice was mailed as provided herein fail to appear, the board may 91 proceed with the hearing in their absence. All parties, their authorized 92 representatives, and witnesses must appear in person at the hearing. 93 5. The Assessor shall prepare for use by the board of equalization a summary of 94 assessment data relating to each assessment that is appealed. This summary 95 shall be provided to the board and made available to the appellant at least ten 96 calendar days before the hearing. Summary of assessment data for late -filed 97 appeals granted by the board will be provided as soon as practicable. 98 6. A city in the borough may appeal an assessment to the borough board of 99 equalization the same manner as a taxpayer. Within five days after receipt of the 100 appeal, the assessor shall notify the person whose property assessment is being 101 appealed by the city. 102 7. A property owner who seeks to appeal the assessor's valuation, after the 30 day 103 filing period has closed, shall file a letter with the assessor stating the reasons 104 why the property owner was unable to comply with the 30 day appeal period. The 105 deadline to file a late -file request is on April 15 of the current assessment year. 106 Should April 15 fall on a Saturday or Sunday, late filers shall have until 4:30 p.m. 107 on the first Monday following to file their request. 108 On the next business day following the deadline to file a late -file request or as 109 soon as is practicable, the board shall consider each letter and shall only consider 110 reasons the appellant was unable to comply with the 30 day appeal period. It shall 111 not consider evidence regarding property valuation. The appellant may not make 112 an oral presentation at the hearing. The determination shall be based on the letter 113 and supporting documents. The board shall interpret the term "unable to comply" 114 as meaning that a property owner must demonstrate compelling reasons or 115 circumstances which would prevent a reasonable person under the 116 circumstances from filing an appeal in a timely manner during the 30 day appeal 117 period. 118 If the late -file request is granted, the property owner shall have five calendar days 119 from the decision of the board to file an appeal and submit to the assessor's office 120 all documentary evidence in their possession which they wish to be considered 121 and which is relevant to the resolution of the appeal. If the late -file request is 122 denied, the assessor shall notify the property owner of the board's decision in 123 writing. 124 125 Kodiak Island Borough Ordinance No. FY2011 -12 Page 3of7 126 D. Quorum and Voting. 127 1. Quorum. A quorum shall consist of four members. 128 2. Voting. The granting of any appeal or part thereof shall require the concurring vote of 129 at least three board members. Any appeal or part thereof which is not granted by the 130 board shall be considered denied. 131 132 E. Hearings, Procedures. 133 1. Record. The clerk is the ex officio clerk of the board and shall prepare the board's 134 135 the board, the names of persons protecting assessments, and all changes, revisions, 136 -- -- - , -•e _ __ - _ - _ _ -.••- _ -e -. The clerk shall keep 137 electronic recordings of the board's hearings per the borough retention schedule. 138 The board of equalization summary certification will constitute the board's 139 minutes. 140 2. Counsel. All parties may be represented by counsel during hearings before the board. 141 On procedural matters, the borough attorney may offer legal counsel to the board in 142 the course of its proceedings. Upon the recommendation of the borough attorney, 143 the board may retain legal counsel from another attorney for a particular matter. 144 3. Appeal Number. Every appeal shall be assigned a docket number which, along with 145 the name of the appellant, shall be read into the record before the hearings on the 146 appeal may commence. 147 4. Burden of Proof. The burden of proof rests with the appellant who must convince the 148 board by clear and convincing evidence that the assessment was unequal, excessive, er 149 improper, or undervalued based on the facts stated in a written appeal or proven at 150 the appeal hearing in accordance with subsections E5 and E7 of this section. If 151 the valuation is found to be too low, the board may raise the assessment. The 152 borough shall make available to the appellant all reasonably pertinent documents 153 requested for presentation of the appeal, including but not limited to, documents 154 presented or requested by the board of equalization for presentation of the appeal 155 in accordance with KIBC 3.35.050 C5. 156 5. Rules of Evidence. Evidence shall only be presented by the appellant and the 157 assessor or their authorized representative. The board shall not be restricted by the 158 formal rules of evidence; however, the chairperson may exclude evidence irrelevant to 159 the issues appealed. Hearsay evidence may be considered provided there are adequate 160 guarantees of its trustworthiness and that it is more probative on the point for which it is 161 offered than any other evidence which the proponent can procure by reasonable efforts. 162 The appellant must submit to the assessor's office by April 15 all documentary 163 evidence in their possession which they wish to be considered and which is 164 relevant to the resolution of the appeal. Should April 15 fall on a Saturday or 165 Sunday, appellants shall have until 4:30 p.m. on the first Monday following to 166 submit their evidence. Kodiak Island Borough Ordinance No. FY2011 - 12 Page 4 of 7 167 This evidence includes but is not limited to purchase and closing documents, 168 appraisal reports, brokers opinion of value, engineers' reports, estimates to repair, 169 rent rolls, leases, and income and expense information. The board of equalization 170 may in its discretion decline to accept documents offered at the hearing which 171 should have been provided by April 15. In exercising this discretion, the board 172 shall consider the relevance and probative value of the documents which are 173 under consideration accepting those documents which in all fairness are 174 necessary to a fair resolution of the appeal. Prior to the board meeting, the 175 appellant and assessor may agree to an extension of time for the production of 176 evidence. 177 6. Order of Presentation. The appellant shall present his argument first and may be 178 questioned or examined by thcrdaoard or the assessor. Following the appellant, the 179 assessor shall present the borough's argument and must submit to examination and 180 questions by tho appellant. Tho appellant may, at the discretion of the chair, make 181 ce e.e• e•. - •c - .ce a •- - _ -- --- 182 attorney may question the appellant or the assessor on matters relating to the app al. 183 The order of presentation is as follows: 184 a. The appellant shall present evidence and argument not to exceed five 185 minutes. 186 b. Following the appellant, the assessor shall present the borough's evidence 187 and argument not to exceed five minutes. 188 c. The appellant may make a rebuttal presentation directed solely to the 189 issues raised by the assessor not to exceed two minutes. 190 d. The assessor may address the rebuttal by the appellant not to exceed two 191 minutes. 192 Each party shall be allowed a total of five minutes to present evidence and make 193 oral argument. The time limits allotted include presentations from either the 194 appellants or assessor's authorized representatives, counsels, or witnesses. 195 Additional time may be permitted by the board depending on the complexity of the 196 case. The members of the board may ask questions, through the chairperson, of 197 either the appellant or the assessor, authorized representatives, counsels, or 198 witnesses at any time during the hearing. After both the appellant and the 199 assessor have made their presentations, each may question the other through the 200 chairperson. The chairperson may end the questioning and call for a motion from 201 the other members. 202 7. Witnesses, exhibits and other evidence. The appellant and the borough assessor 203 may offer the oral testimony of witnesses and documentary evidence during the 204 hearing; provided, however, where either the appellant or the assessor seeks to 205 _. 206 - - -- ••• -._ ., •__ .._. . • - --- - 207 208 e.• .. . .. e. At the request of the appellant, evidence submitted 209 pursuant to subsection E5 of this section relating to the assessed valuation of 210 property used in an income - producing commercial enterprise shall be Kodiak Island Borough Ordinance No. FY2011 -12 Page 5 of 7 211 confidential. The assessor and the appellant may stipulate to facts to be 212 presented to the board, provided the assessor has received credible and reliable 213 evidence to establish the facts. 214 The only exhibits that shall be admitted into the record at the hearing are those 215 exhibits provided pursuant to subsection E5 of this section. However, at the 216 hearing, parties may use demonstrative or illustrative exhibits, provided that all 217 such exhibits are duplicates of exhibits or information provided to the board 218 pursuant to subsection E5 of this section. Additionally, witnesses may write on a 219 board while orally testifying to illustrate their testimony. The limitation on the use 220 of exhibits in this section shall not preclude the parties from presenting oral 221 testimony at the hearing. 222 8. Decisions. 223 a. The assessor may recommend changes to the existing value during the 224 hearing. 225 b. After the appellant and assessor have presented their cases, the hearing 226 shall be closed by the chairperson, and no further evidence shall be offered 227 or considered in deliberations unless a member of the board of 228 equalization asks for additional information from either party. Both parties 229 shall be given an equal opportunity to respond to any such requests for 230 additional information. 231 c. The board may decide the appeal after the presentations, or it may defer a 232 decision no later than 30 days after the hearing date. Final board action 233 shall be taken by motions that set out specific findings of fact at the 234 meeting and shall not be reconsidered, amended, or rescinded by the 235 board. Only one motion may be on the floor at a time, and the board shall 236 vote on the motions until its findings are established. The vote must be 237 taken and entered in the permanent record of the proceedings. The 238 motions available for the board are: 239 I. Motion to uphold the assessor's valuation 240 II. Motion to reduce the assessment 241 III. Motion to increase the assessment 242 IV. Motion to dismiss the appeal 243 V. Motion to defer the decision 244 VI. Or any other motion set out in Alaska Statutes and regulations 245 governing board of equalization appeals. 246 d. No later than 30 days following the hearing, the board shall render a written 247 decision which includes findings of fact based on evidence presented at 248 the hearing clearly stating the grounds upon which the panel relied to 249 reach its decision and advising all parties of their right to appeal the 250 decision to superior court. 251 9. Certification. The board shall certify its actions to the assessor within seven days 252 following its adjournment. 253 254 Kodiak Island Borough Ordinance No. FY2011 -12 Page 6 of 7 255 256 F. Further Appeals. Any appeal of a decision of the board shall be made to the superior 257 court. No appeal of a board's decision to the superior court may be taken unless the action 258 is filed and the borough attorney is served with notice of such appeal within 30 days 259 following the board's decision. 260 261 Section 3: This ordinance shall become effective upon adoption. 262 263 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 264 THIS DAY OF 2011 265 266 KODIAK ISLAND BOROUGH 267 268 269 270 Jerome M. Selby, Borough Mayor 271 272 ATTEST: 273 274 275 276 Nova M. Javier, MMC, Borough Clerk 277 Kodiak Island Borough Ordinance No. FY2011 -12 Page 7 of 7 KODIAK ISLAND BOROUGH AGENDA STATEMENT MARCH 3, 2011 REGULAR MEETING ITEM NO: 13.D.1 TITLE: Declaring a Seat on the Architectural /Engineering Review Board Vacant. SUMMARY: On February 1, 2011, Mr. Peter Malley submitted the attached notice of resignation from the Architectural /Engineering Review Board for a term to expire December 2011. 2.100.070 Vacancies. A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to accept, with regret, the resignation of Mr. Peter Malley from the Architectural /Engineering Review Board for a term to expire December 2011, and direct the Borough Clerk to advertise the vacancy per Borough Code. Form Ver. 06/30/2009 Jessica Kilborn Subject: FW: KIB Resignation from ARB Original Message From: Jessica Wolfe Sent: Tuesday, February 01, 2011 10:05 AM To: Nova Javier Cc: Ken Smith; Woody Koning Subject: FW: KIB Resignation from ARB Nova, The note below is from Peter Malley. He will no longer be able to serve on the Architectural Review Board. Please consider this email his letter of resignation. Thank you, Jessica Wolfe Kodiak Island Borough Project Assistant Engineering & Facilities Dept. 907- 486 -9349 907 - 486 -9347 fax Original Message From: malran @windstream.net Jmailto:malran @windstream.netl Sent: Tuesday, February 01, 2011 10:05 AM To: Jessica Wolfe Subject: KIB Resignation Dear Jesse, This letter is to inform you that I can no longer serve on the Architectural Reveiw Board. I have retired and no longer reside in Kodiak. Thank you for the opportunity to serve. I enjoyed it and learned from the experience. God bless you all! Thanks,Peter 1 KODIAK ISLAND BOROUGH AGENDA STATEMENT MARCH 3, 2011 REGULAR MEETING ITEM NO: 13.D.2 TITLE: Confirmation of the Assembly Appointment to the Monashka Bay Road Service Area Board. SUMMARY: Currently three of the five seats on the Monashka Bay Road Service Area Board (MBSA) are vacant. On February 24, 2011, an application was received from Mr. Thomas Lance for the vacant seat fora term to expire 2013. Mr. Lance attended the MBSA work session of February 10, 2011, and indicated his desire to serve on the board and his intention was included in the work session notes. MBSA Chairperson Darlene Turner was contacted and provided Mr. Lance's application and it was her recommendation to forward the application to the Assembly for appointment to the board, thus fulfilling the requirements of KIBC 4.15.040. 4.14.040 Vacancies. E. The service area board may submit its nomination of a person from the submitted applications to fill the vacancy to the assembly. The assembly shall appoint a new member selected from the submitted applications for the remaining unexpired term. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to confirm the Assembly appointment of Mr. Thomas Lance to a vacant seat on the Monashka Bay Road Service Area Board for a term to expire October 2013. Form Ver. 06/30/2009 • Jessica Kilborn From: Darlene Turner [darlene @asmilingbear.com] Sent: Thursday, February 24, 2011 11:31 AM To: Jessica Kilborn Subject: RE: Lance Application - MBSA Board yes please we would love to have him on the board. Dar Darlene J Turner A Smiling Bear Bed and Breakfast darlene@asmilingbear.com www.asmilinqbear.com 2046 Three Sisters Way Kodiak, Alaska 99615 -7220 907 -481 -6390 From: Jessica Kilborn jmailto:ikilborn@kodiakak.usj Sent: Thursday, February 24, 2011 9:23 AM To: DARLENE TURNER Subject: Lance Application - MBSA Board Importance: High Hi Darlene, I received an application from Thomas Lance this morning for the Monashka Bay Road Service Area Board. I briefly read in the work session notes (earlier this month) that he had indicated to the board that his intention was to apply. Per the code we are required to provide any applications to the board for a recommendation to the Assembly for appointment. Considering that he had provided his intentions and that it was noted in the work session notes, would you like us to forward Mr. Lance's application to the Assembly for appointment? If so, we could add it at the work session tonight to the regular meeting agenda for appointment at the meeting on March 3. Please let us know how you would like us to proceed. Thank you, Jessica 9 2i CWC Assistant Clerk Kodiak Island Borough 710 Mill Bay Road, Room 101 Kodiak, AK 99615 p: 907.486.9310 f: 907.486.9391 jkilborn@kodiakak.us PUBLIC RECORDS LAW DISCLOSURE: This e -mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. 1 Jessica Kilborn { ` I � , L ' i LL LL ` fl From: support@civicplus.com i Sent: Wednesday, February 23, 2011 8:46 PM ILJ FEB 2 4 2011 `) To: Nova Javier; Marylynn McFarland; Jessica Kilborn Subject: Online Form Submittal: Board Application Form _J ; F CU 11 r R v OFFICE The following form was submitted via your website: Board Application Form Select the Board, Commission, or Committee applying for:: Monashka Bay Road Service Area Board Full Name:: Thomas Lance VOTER ID NO. VERIFIED BY: /// APPLICANTS RESIDENCE: CH (4 CITY Residence Address:: 1338 Mountain View Dr DATE APPOINTED: TERM EXPIRES ON: APPOINTMENT LETTER: Mailing Address (if different from above):: same ROSTER: OATH OF OFFICE: FINANCIAL DISCLOSURE: Home Phone Number:: 9074865044 Work Number:: 9074865044 Cell or Fax Number: : 9074865044 Occupation:: Self Employed /Nursery Business Start -up Email Address (This address will be used for correspondence):: sprucegardens@alaska.net Length of residency in Kodiak:: July 2003 to Present Are you a registered voter ?:: Yes High School:: College:: Univ of Idaho Trade or Business School:: Hobbies:: Are you currently serving on other Boards, Commissions, or Committees ?: No If yes, which:: Have you served on a Board, Commission, or Committee before ?: No If yes, which:: Please list organization memberships and positions held:: - Soil and Water Conservation Society - Society for Range Management (president for N. Idaho Chapter, 1989) - Gary Lane Home Owners Assoc., Boise, ID (president 2000 -July 2003) Please list areas of special interest:: - Natural resources management - Soil, water, and food quality Please enter basic resume information below:: Have worked since 1984 to present in soil and water management, and planning, with time divided equally between private and govt sectors. Currently phasing out work as natural resources consultant, while building a new nursery and greenhouse business in Kodiak. Additional Information: Form submitted on: 2/23/2011 8:46:05 PM Submitted from IP Address: 216.67.44.158 Referrer Page: No referrer - Direct link Form Address: http:// www .kodiakak.us /forms.aspx ?FID =72 2 "' tee; KODIAK ISLAND BOROUGH '" 3' �d�fi 4 r "` v } 3rri � � a Kr4 F}��t 4 O NAS ; IKA BAY'`RbAD SORVICE AREA BOARD NAME TERM HOME WORK EMAIL PHONE PHONE Chaz Glagolich (Vice Chair) 2011 486 -6930 486 -6930 chazman(o,ptialaska.net PO Box 2826 Kodiak, AK 99615 Darlene Turner (Chair) 2013 486 -6390 481 -6390 darlene(a,asmilingbear.com 2046 Three Sisters Way Kodiak, AK 99615 Vacant 2012 Vacant 2012 Vacant 2013 This board is governed by Kodiak Island Borough Code 4.60 Revision Date: 12/6/2010 Revised by: JK KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — January 24, 2011 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the agenda and consent agenda to include: *Approval of Minutes — Regular Meeting Minutes of December 13, 2010, and Special Meeting Minutes of December 20, 2010, and January 10, 2011, as presented. *Acceptance of the Sun'ami Donation to Fund Native Youth Olympics in the amount of $12,938. *Acceptance of the FYI l New Visions Grant Award in the amount of $10,000 to enhance art education. *Approval of the 2010/2011 Facility Use Agreement for Larsen Bay School as presented. PRESENTED: Acting School Board President Melissa Borton presented Volunteer of the Month certificates of appreciation to East Elementary School Volunteer Rachel Nummer, Karluk School Volunteer Sarah Reft, and Port Lions School Volunteers Nick Nelson and Harry Christiansen. PUBLIC HEARING: Acting School Board President Melissa Borton closed the Regular Meeting and opened a Public Hearing to allow for comments from members of the community regarding the FY 12 budget. No comment was given. APPROVED: Motion to acknowledge receipt of the November 2010 Report of Revenues and Expenditures, year -to -date general fund revenues in the amount of $14,819,268 and year -to -date general fund expenditures in the amount of $11,884,735. PUBLIC HEARING: Acting School Board President Melissa Borton closed the Regular Meeting and opened a Public Hearing to allow for comments from members of the community regarding the FY11 Winter Budget Revision. No comment was given. ADOPTED: Motion to adopt the FYI l Winter Budget Revision as presented by Director of Finance Luke Fulp. Kodiak Island Borough School District Board of Education Regular Meeting — January 24, 2011 SUMMARY Page 2 of 2 ADOPTED: Motion to adopt the School Board Plan for Improvement as presented. ADOPTED: Motion to adopt the following Board Policy revisions in their first reading and to forward the policies to the February 21, 2011, Regular Meeting for a second reading and public hearing: BP 1312, Public Complaints Concerning the Schools BP 1312.1, Public Complaints Concerning School Personnel BP 1321, Solicitation of Funds from and by Students APPROVED: Motion to approve purchase requisition number 00026377 to B2 Networks, LLC in the amount of $214,840.82 for network upgrade equipment. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kodiakschools.org and on BoardDocs at http://www.boarddocs.com/ak/kodiak/Board.nsfPublic KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — February 7, 2011 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the FYI2 Alaska Region Marine Education and Training Grant Intent to Apply in the amount of $500,000, with no District match, as presented. APPROVED: Motion to approve purchase requisition number 00026552 to Discovery Education in the amount of $16,625 for one year licensing. APPROVED: Motion to enter into Executive Session to discuss Board/Superintendent relations and attorney /client communication regarding responsibilities and potential legal exposures, and to include Superintendent Stewart McDonald, Assistant Superintendent Ron Fried, Director of Instruction Marilyn Davidson, and Attorney John Sedor (via teleconference.) APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www. kodiakschools. org. Kodiak Island Borough Assembly Regular Meeting Guidelines March 3, 2011, 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 (*r) 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 Meetings of January 20 and February 3, 2011. * Resolution No. FY2011 -19 Supporting the Alaska Municipal League's Resolution to Amend the Alaska Coastal Management Program and Extend the Program Sunset Date. * Declaring a Seat on the Architectural /Engineering Review Board Vacant. Recommended motion: Move to approve the agenda and consent agenda. Recommended motion: Move to amend the agenda by removing Item 6.B Student of the Month Award Presentation. Clerk's Note: The student of the month recipient notified the Clerk's office of a conflict in schedules. The award presentation will be moved to the March 17, 2011, regular meeting agenda. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA. ROLL CALL VOTE ON MOTION TO APPROVE THE AGENDA AS AMENDED. Kodiak Island Borough Assembly Guidelines March 3, 2011 Page 1 5. APPROVAL OF MINUTES A. * Regular Meetings of January 20 and February 3, 2011. 6. AWARDS AND PRESENTATIONS A. National Women's History Month Proclamation — Mayor Selby B. Employee of the Year - Manager Gifford 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. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 8. COMMITTEE REPORTS 9. PUBLIC HEARING - None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. *Resolution No. FY2011 -19 Supporting the Alaska Municipal League's Resolution to Amend the Alaska Coastal Management Program and Extend the Program Sunset Date. 2. Resolution No. FY2011 -20 Adopting a 2011 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. Recommended motion: Move to adopt Resolution No. FY2011 -20. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines March 3, 2011 Page 2 3. Resolution No. FY2011 -21 Requesting the Alaska State Legislature Fully Fund the Energy Rebate Program. Recommended motion: Move to adopt Resolution No. FY2011 -21. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 4. Resolution No. FY2011 -22 Supporting the Implementation of Lake Fertilization of Karluk, Frazer, and Spiridon Lakes by the Kodiak Regional Aquaculture Association as a Salmon Rehabilitation and Enhancement Method. Clerk's note: Attached on hreen`,paper' is the Resolution. Recommended motion: Move to adopt Resolution No. FY2011 -22. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2011 -12 Amending Title 3 Revenue and Finance Chapter 3.35 Real Property Tax Section 3.35.050 Board of Equalization. Recommended motion: Move to adopt Ordinance No. FY2011 -12 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines March 3, 2011 Page 3 D. Other Items 1. *Declaring a Seat on the Architectural /Engineering Review Board Vacant. 2. Confirmation of the Assembly Appointment to the Monashka Bay Road Service Area Board. Recommended motion: Move to confirm the Assembly appointment of Mr. Thomas Lance to a vacant seat on the Monashka Bay Road Service Area Board for a term to expire October 2013. Staff report — Clerk Javier Assembly discussion. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The Mayor and members of the Assembly will be traveling to Juneau to attend the Joint Legislative Reception on Wednesday, March 9, 2011. The Assembly work session scheduled for Thursday, March 10, 2011, has been rescheduled to Tuesday, March 15, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, March 17, 2011. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines March 3, 2011 Page 4 IP KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular / Special Date: o)0� \ 0\ ti Convened: q prnk, Recessed: Reconvened: Adjourned: BY: BY: at BY: jr6 BY: K1 BY: \\ T i' SECOND: SECOND: ketfirA SECOND:Cr. iej) SECOND: rill SECOND: 1 0, Oefr) 0 , S p c ) Cc i R-e-S 12-6 eft) ? iiiSr 0 9-0l\ -1)' (u Zil \i`l KY : _ .:...i _ •:.,!.:_, • ,Ns2 : ,- .: - . : :t.zAizi4N 1Yc. ,'" '!1. . :-:' '• -!„.g-; :A!ES.j., r'N04 ., -;M* ;;t. , .YES : c NO , „ Ms. Austerman I / Ms. Austerman V Ms. Austermarik V Ms. Austerman L/ Ms. Austerman V Mr. Friend V Mr. Friend v I Mr. Friend V Mr. Friend / MrrFriencl- O Ms. Fulp 1/ Ms. Fulp yt Ms. Fulp V Ms. Fulp f V Ms. Fulp 1./ Ms. Jeffrey Ms. Jeffrey V Ms. Jeffrey V Ms. Jeffrey V Ms. Jeffrey , 1 7 Mr. Kaplan Vi Mr. Kaplan V Mr. Kaplan V Mr. Kaplan lt Mr. Kaplan V V 1 Ms. Lynch Ms. Lynch V Ms. Lynch V Ms. Lynch V Ms. Lynch Ms. Stutes V Ms. Stutes V Ms. Stutes V Ms. Stutes 1/ Ms. Stutes :1CHANGE OF VOTE? HANGE OF VOT? E CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?ji TOTAL: - TOTAL: TOTAL: TOTAL: q 0 TOTAL: (P (”) The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Selby 1 Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET a �) Regular Special Date: " 3 / o 1 \ j Convened: Recessed: Reconvened: Adjourned: q. 94r • (fhb BY:40' BY: \J l ; is BY: E\11 ' BY: t I , BY: SECOND: SECOND: t � if SECOND: r 1 ..ejf\A SECOND: SECOND: 1 % V9_, a off \, a W \A Ot, As', er`Rt\tC 4 . YES NO YES NO Y E S NO YES NO YES ; NO Ms. Austerman 1 Ms. Austerman ✓ Ms. Austerman Ms. Austerman v Ms. Austerman / Mr. Friend V Mr. Friend ✓ Mr. Friend ✓ Mr. Friend V , / Mr. Friend Ms. Fulp ✓ Ms. Fulp ✓ Ms. Fulp , / Ms. Fulp � Ms. Fulp Ms. Jeffrey V Ms. Jeffrey ✓ Ms. Jeffrey V Ms. Jeffrey / Ms. Jeffrey Mr. Kaplan ) ✓ Mr. Kaplan V Mr. Kaplan V Mr. Kaplan V Mr. Kaplan Ms. Lynch V Ms. Lynch < IC t/ Ms. Lynch ✓ Ms. Lynch ✓ Ms. Lynch Ms. Stutes V Ms. Stutes V Ms. Stutes '' ✓ Ms. Stutes V Ms. Stutes (CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF V TE? CHANGE OF VOTE? . TOTAL: ([ 9 TOTAL: ' l 0 TOTAL: it 0 TOTAL: r � a TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: , ,21)1 I Please PRINT your name Please PRINT your name -9 4 1/2 d )` °A 6 L l e v rk c ci i \.C-K 3c2o1 �. / /;(NJ-