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2012-10-04 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda . Thursday, October 4, 2012, 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 September 6, 2012. 6. AWARDS AND PRESENTATIONS A. Coast Guard Appreciation Day Proclamation B. Domestic Violence Awareness Month Proclamation C. Fire Prevention Month Proclamation D. Philippine National History Month 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2013 -01A Amending Ordinance No. FY2013 -01 Fiscal Year 2013 Budget by Accepting Three Grants. B. Ordinance No. FY2013 -03 Amending Section 411.2 Longevity Pay of the Personnel Manual. C. Ordinance No. FY2013 -04 Amending Section 707 Sick Leave of the Personnel Manual. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492 -9202 and Local 486 -3231. Paoe 1 of 2 13. NEW BUSINESS A. Contracts 1. *Contract No. FY2004 -61E Kodiak Island Borough Legislative Consultant During the 2013 and 2014 Legislative Sessions. B. Resolutions — None. C. Ordinances for Introduction 1. Ordinance No. FY2013 -05 Determining the Disposition of a Tax Foreclosed Property and Establishing Intention to Surplus and Sell Said Property by Finding That a Public Need Does Not Exist for the Property and Authorizing the Property for Immediate Disposal (P &Z Case 13 -001). 2. Ordinance No. FY2013 -06 Amending Title 2 Administration and Personnel Chapter 2.35 Conflict of Interest by Adding Section 2.35.015 Restrictions on Employment and Personal Services Contracts. D. Other Items 1. Assembly Direction to Manager That All Further Performance and Payment Under Contract No. FY2012 -24, A Professional Services Contract Between KIB and Kodiak Construction Services, Together With Any and All Purchase Orders or Directives Issued in Reliance Thereon, Be Suspended Until Such Time As Said Contract Has Been Ratified and Approved Pursuant To An Ordinance Passed by the Assembly. 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•. Parks and Recreation Committee Regular Meeting of July 10, 2012. 2. Planning and Zoning Commission Regular Meeting of August 15, 2012. B. Reports Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492 -9202 and Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting September 6, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, September 6, 2012, 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. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Resource Management Officer Bob Scholze, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. KAPLAN moved to excuse Assembly members Bonney, Friend, and Stephens who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA AUSTERMAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of August 2 and August 16, 2012. These were approved under the consent agenda. AWARDS AND PRESENTATIONS A. Plaque of Appreciation to Mr. Ian Fulp, City of Kodiak Parks and Recreation Director. This item was rescheduled to the September 20 regular meeting at Mr. Fulp's request. CITIZENS' COMMENTS Stan Thompson of Providence Kodiak Island Medical Center (PKIMC), spoke on the National Emergency Preparedness Month and reported on the new emergency backup water system for PKIMC. Scott Arndt, Service Area No. 1 Board Chair, spoke on a parcel of land included with those addressed under Resolution No. FY2013 -08. COMMITTEE REPORTS Assembly member Lynch reported on the Kodiak Fisheries Workgroup meeting of August 27, 2012. PUBLIC HEARING None. Kodiak Island Borough Assembly Minutes September 6. 2012 Page 1 BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) Administrative Official Cassidy reported on the following: • Staff meetings with Leisnoi regarding possible land trade. • ADF &G would be ready for tenants to move into the building in February 2013. • The Project Advisory Committee would be resuming its meetings to formalize changes to Titles 16, 17, and 18 of the Borough Code. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby announced the Western Interstate Region Board of Directors Fall Meeting would be held October 3 -5 in Kodiak. Assembly members were invited to the Borough hosted dinner on Thursday, October 4. Funds required for hosting the event would be taken from the Mayor's travel budget. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2013 -08 Accepting the Recommendation of the Planning and Zoning Commission Approving of Certain Borough Land To Be Sold at a Future Land Sale. KAPLAN move to adopt Resolution No. FY2013 -08. The Borough Resource Management Officer identified up to eleven parcels of land which could be suitable for disposal at a future land sale, At this primary stage of review typically all that was required was a determination by the Assembly that the lands identified in this review were surplus to Borough and the public's needs. There was no adopted plan as guidance indicating a need for the lands reviewed in this case to be required for any particular public purpose. The lands could require additional investigation to ultimately decide their fitness to be disposed of for a particular purpose. Once approved by the Assembly, additional surveying and possible zoning reviews of the disposal of the eleven parcels could be required before many of the lots would be considered fit for disposal. The Planning and Zoning Commission held a public hearing on this request and found the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. Staff recommended that the Assembly uphold the recommendation of the Commission and adopt the motion. A corrected copy of Resolution No. FY2013 -08 was provided to the Assembly and public. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Kaplan, Lynch, and Stutes. Kodiak Island Borough Assembly Minutes September 6, 2012 Page 2 Ordinances for Introduction 1. Ordinance No. FY2013 -02 Approving a Rezone for Lot 25A, Block 7 Leite Addition from R1- Single Family Residential to R3- Multifamily Residential (P &Z Case 13 -001, Wittenbrader). AUSTERMAN moved to adopt Ordinance No. FY2013 -02 in first reading to advance to public hearing at the next regular meeting of the Assembly. Lot 25A was larger, by area and width, than most of the other lots in Block 7, Leite Addition. All but three lots in the block were previously zoned R3- Multifamily Residential and the block shared an extensive platting history. Lot 25A was somewhat constrained by limitations on access so it would not be able to take full advantage of the R3 zoning, but it would still benefit from additional development options in the R3 zone which were not currently available in the R1 zoning district. The Planning and Zoning Commission held a public hearing on this request and found the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. KIBC 17.205.55(B) also required the Assembly to be notified by the Commission of its actions and its findings. Staff recommended that the Assembly uphold the decision of the Planning and Zoning Commission and adopt the motion. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, and Austerman. Other Items 1. Declaring a Seat on the Planning and Zoning Commission Vacant. LYNCH moved to accept, with regret, the resignation of Ms. Casey Janz from the Planning and Zoning Commission for a term to expire December 2012, and direct the Borough Clerk to advertise the vacancy per Borough Code. On August 23, 2012 the Borough Clerk's Office received a letter of resignation from Ms. Janz for her Borough seat on the Planning and Zoning Commission for a term to expire December 2012. The seat would be vacated and advertisement of the vacated seat would occur in accordance with KIBC 2.100.070 (2.A and D) Vacancies. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Austerman, and Kaplan. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Lynch commended PKIMC for its new water system at the hospital. Assembly member Stutes acknowledged the efforts and participation of Ms. Janz with the Code Revision Project. She commented on the change orders that had been issued for the Kodiak High School Renovation and Remodel project. Kodiak Island Borough Assembly Minutes September 6, 2012 Page 3 Announcements The next Assembly work session would be held on Thursday, September 13 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, September 20 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, and Austerman. The meeting was adjourned at 7:55 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes September 6, 2012 Paae 4 te r. ` -> V KODIAK ISLAND BOROUGH �aey A AGENDA STATEMENT REGULAR MEETING OF: OCTOBER 4, 2012 ITEM NO.: 9A TITLE: Ordinance No. FY2013 -01A Amending Ordinance No. FY2013 -01 Fiscal Year 2013 Budget by Accepting Three Grants. ORIGINATOR: Finance Director FISCAL IMPACT: ® Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2013 -01A APPROVAL FOR AGENDA SUMMARY STATEMENT: The Borough received a legislative grant of $3,000,000 for the Landfill Lateral Expansion Phase II; and a $7,000,000 legislative grant for KHS VocEd and Physical Education renovation. The Borough also received a $100,000 legislative grant to purchase playground equipment for Womens Bay Parks. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013 -01A. Kodiak Island Borough Page 1 of 1 Introduced by: Administrative Official 1 SUBSTITUTED VERSION Requested by: Administrative FeDirec 2 Drafted by: Finance Director Introduced: 09/20/2012 3 Public Hearing: 4 Adopted: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2013 -01A 7 8 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 9 AMENDING ORDINANCE NO. FY2013 -01 FISCAL YEAR 2013 BUDGET BY 10 ACCEPTING FOUR THREE GRANTS 11 12 ' - • -, _- -- - -' '• -- - - - • - , ...... - 13 - - -- - 14 15 WHEREAS, the Borough received a legislative grant of $3,000,000 for the Landfill 16 Lateral Expansion Phase II; and 17 18 WHEREAS, the Borough received a $7,000,000 legislative grant for KHS VocEd and 19 Physical Education renovation; and 20 21 WHEREAS, the Borough received a $100,000 legislative grant to purchase playground 22 equipment for Womens Bay Parks. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH THAT: 26 27 Section 1: This ordinance is not of a general application and shall not be codified. 28 29 Section 2: The Borough accepts twe a $3,000,000 grants -from the State of Alaska for 30 Landfill Expansion. 31 32 Section 3: The Borough accepts a $7,000,000 grant from the State of Alaska for KHS 33 VocEd and Physical Education renovations. 34 35 Section 4: The Borough accepts a $100,000 grant from the State of Alaska for 36 Womens Bay Parks. 37 38 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 39 THIS DAY OF 2012 40 41 KODIAK ISLAND BOROUGH 42 43 44 ATTEST: Jerome M. Selby, Borough Mayor 45 46 47 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2013 -01A Page 1 of 1 $ °soo�,�" KODIAK ISLAND BOROUGH fa t o 7 A, A GENDA STATEMENT � � .. Ac Y REGULAR MEETING OF: OCTOBER 4, 2012 ITEM NO.: 9.B TITLE: Ordinance No. FY2013 -03 Amending Section 411.2 Longevity Pay of the Personnel Manual. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2013 -03; Personnel Manual Section 411.2 APPROVAL FOR AGENDA: SUMMARY STATEMENT: This ordinance was drafted by Mayor Selby. The KIB Personnel Manual Section 411.2 provides for longevity pay for regular full -time employees of the Borough who have worked 7, 10, and 15 years. In order to retain longevity of the Borough employees it is integral to contine recognizing the long -term employees' who have continued their service with the Borough for 20, 25, and 30 years. This is extremely important now that the Public Employess Retirement System (PERS) has changed from a defined benefit program to a defined contribution program. Employee turn over can be very costly and it is in the Borough's best interest to minimize turnover. The Borough's Working Conditions Advisory Council was reestablished in July 2012. This council was established to benefit those employees not covered by the Union contract, including department heads. The WCAC met on August 31, 2012 and approved the Longevity Ordinance to advance to the Borough Assembly for adoption. The intention of this ordinance is to benefit all regular full -time employees of the Borough. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013 -03. Kodiak Island Borough Page 1 of 1 Introduced by: Administrative Official 1 Requested by: Borough Mayor 2 Drafted by: Working Conditions Advisory Council /Borough Clerk 3 Introduced: 09/20/2012 4 Public Hearing: 10/04/2012 5 Adopted: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2013 -03 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 AMENDING SECTION 411.2 LONGEVITY PAY OF THE PERSONNEL MANUAL 12 13 WHEREAS, Section 411.2 of the Kodiak Island Borough Personnel Manual addresses 14 longevity pay for regular full time employees who have worked for 7, 10, and 15 years for the 15 Borough; and 16 17 WHEREAS, not all employees are represented by a collective bargaining 18 organization. 19 20 WHEREAS, it is integral to continue the recognition of long term employees' contributions, 21 success, and loyalty when they approach their 20, 25, and 30 years of service for the Kodiak 22 Island Borough. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH THAT: 26 27 Section 1: This ordinance is of a general and permanent nature and shall become a part 28 of the Kodiak Island Borough Personnel Manual. 29 30 Section 2: This ordinance will only apply to employees who are not represented by 31 a collective bargaining organization. 32 33 Section 3: This ordinance shall amend Personnel Manual Section 411.2 as follows: 34 35 411.2 Longevity Pay 36 37 A regular full -time employee shall receive an additional monetary benefit based on the length 38 of employment with the Borough. Any break in employment longer than thirty (30) calendar 39 days will advance the eligibility date by the number of days in excess of 30. Time served as a 40 temporary employee shall not be included. 41 42 The following amounts shall be granted employees employed on or before July 7, 1983 in 43 addition to their current pay rate excluding overtime: 44 A. Seven (7) years of total service — 5 percent of dollar value of employee's current 45 pay rate. 46 B. Ten (10) years of total service — 5 percent of dollar value of employee's current 47 pay rate. 48 C. Fifteen (15) years of total service — 5 percent of dollar value of employee's current 49 pay rate. Kodiak Island Borough Ordinance No. FY2013 -03 Page 1 of 2 50 D. Twenty (20) years of total service — 5 percent of dollar value of employee's 51 current pay rate. 52 E. Twenty five (25) years of total service — 5 percent of dollar value of 53 employee's current pay rate. 54 F. Thirty (30) years of total service — 5 percent of dollar value of employee's 55 current pay rate. 56 57 The following amounts shall be granted employees employed after July 7, 1983 in addition to 58 their current pay rate excluding overtime: 59 A. Ten (101 years of total service — 5 percent of dollar value of employee's current 60 pay rate. 61 B. Fifteen (15) years of total service — 5 percent of dollar value of employee's current 62 pay rate. 63 C. Twenty (20) years of total service — 5 percent of dollar value of employee's 64 current pay rate. 65 D. Twenty five (25) years of total service — 5 percent of dollar value of 66 employee's current pay rate. 67 E. Thirty (30) years of total service — 5 percent of dollar value of employee's 68 current pay rate. 69 70 The following amounts shall be granted employees employed after October 1, 1994: 71 A. Ten (10) years of total service — 5 percent of dollar value of employee's 72 current pay rate. 73 B. Fifteen (15) years of total service — 5 percent of dollar value of employee's current 74 pay rate. 75 C. Twenty (20) years of total service — 5 percent of dollar value of employee's 76 current pay rate. 77 D. Twenty five (25) years of total service — 5 percent of dollar value of 78 employee's current pay rate. 79 E. Thirty (30) years of total service — 5 percent of dollar value of employee's 80 current pay rate. 81 82 Section 4: This ordinance shall become effective upon adoption. 83 84 85 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 86 THIS DAY OF 2012 87 88 89 KODIAK ISLAND BOROUGH 90 91 92 93 Jerome M. Selby, Borough Mayor 94 95 ATTEST: 96 97 98 99 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2013 -03 Page 2 of 2 the date of his /her last step increase, provided the employee has completed 1560 compensable hours of service. • 411.1 Special Merit Increases A Special Merit Increase (equivalent to one step) shall be granted to an employee for outstanding performance, when justified in writing by the department head and subject to the approval of the Borough Manager. This increase is in addition to normal step increases and does not effect the anniversary date. Department heads may recommend employees for special merit increases in recognition of: A. Outstanding service B. Special acts of accomplishment C. Significant achievements in additional and job- related education or specialized training (outside normal working hours and other than required by the Borough) which enabled the individual to do his /her work more effectively and from which the Borough tends to benefit. 411.2 Longevity Pay A regular full -time employee shall receive an additional monetary benefit based on the length of employment with the Borough. Any break in employment longer than thirty (30) calendar days will advance the eligibility date by the number of days in excess of 30. Time served as a temporary employee shall not be included. The following amounts shall be granted employees employed on or before July 7, 1983 in addition to their current pay rate excluding overtime: A. Seven (7) years of total service - 5 percent of dollar value of employee's current pay rate. B. Ten (10) years of total service, an additional 5 percent of dollar value of employee's current pay rate. C. Fifteen (15) years of total service, an additional 5 percent of dollar value of employee's current pay rate. The following amounts shall be granted employees employed after July 7, 1983 in addition to their current pay rate excluding overtime: A. Ten (10) years of total service, an additional 5 percent of dollar value of employee's current pay rate. B. Fifteen (15) years of total service, an additional 5 percent of dollar value of employee's current pay rate. The following amounts shall be granted employees employed after October 1, 1994: Fifteen (15) years of total service, 5 percent of dollar value of employee's current pay rate. October 19, 1998 4-4 x C. Establish a quorum of three (3) members for regular and special meetings with no recommendations to go before the Assembly without a majority of the Personnel Board voting, affirmatively. D. Furnish written minutes of these public meetings for the Borough files and one copy to each department for posting. The minutes will be posted within five (5) working days of such meeting. The Assembly will furnish the Personnel Board with the secretarial and clerical staff necessary to carry out its stated functions. E. Elect a chairman, vice-chairman, and secretary; the secretary need not be a member of the Board. The Board shall determine the time and place of its regular meetings. F. Advise the Assembly on matters concerning personnel administration, in writing, after each official Personnel Board. meeting, G. Review job descriptions as prepared by the Borough administration and submitted by the Borough Mayor for the purpose. of determining placement in a pay range using the apiary placement process as adopted by Assembly. H. Perform other related duties as may be necessary to fulfil its responsibilities as outlined in the Personnel Policy or as may be assigned by the Assembly. It may also have the additional authority of promulgating its own rules and regulations, subject to Assembly approval. 2114 ORGANIZATION AND DUTIES OF THE WORKING CONDITIONS ADVISORY' COUNCIL, 2,Q4.1 Organization of Advisory Council There is created a Working Conditions Advisory Council which shall have as its purpose the presentation to the Borough Assembly recommendations, advice and suggestions regarding terms and conditions of employment for employees who are not represented by a collective bargaining organization, including department heads. The Advisory Council shall consist of five persons elected by the • covered employees and who may present advice, recommendations and discussions to the Borough Assembly at least quarterly or more frequently if requested by the Advisory Council or the Borough Assembly upon reasonable notice. 2041 Authority of Advisory Council The Advisory Council's recommendations, advice and suggestions to the Borough Assembly shall be considered in good faith by the Borough Assembly, but shall have no binding effect on the Borough Assembly. All Advisory Council recommendations shall be presented at a regular Assembly meeting for action by tire Assembly. The members of the Advisory Council selected by the covered employees, shall serve for a period of at least one year from the date of election of the members of such Advisory Council by the covered employees. No more frequently than once a year, the Borough Assembly may for good cause request an affidavit or other reasonable evidence that the Advisory Council continues to represent the interests of the majority of the covered employees. September I. 1994 5 I 204.3 Election of Advisory Council The covered employees shall by secret ballot elect five representatives to sit on the Advisory Council. The municipal clerk shall provide secretarial or other administrative services to the covered employees for election of said Advisory Council members. An election shall occur no more frequently than once a year commencing with the first election to be held within two months of the passage of this article. The Advisory Council may prescribe rules and procedures to complete its, duties on behalf of the covered employees, subject to approval of such rules and procedures by the majority of covered employees.. Should a majority of all covered employees decline to participate in an election of an Advisory Council or should a.majority of the covered employees decline to be represented by an Advisory Council, no Advisory Council shall be considered as a spokesperson for the covered employees fora period of at least one year from the date such a determination by the covered employees is demonstrated. 204.4 Application of Other Provisions The provisions of the Borough Charter and Code, including the current Kodiak Island Borough Personnel Rules and Regulations, shall, if inconsistent with advice, recommendations or suggestions : of the Advisory Council, be controlling; provided, however that the Advisory Council shall have the opportunity to comment upon and seek revision to the Personnel Rules. The provisions of the Public Employment Relations Act (AS 23.40) shall control if inconsistent with the provisions of this article. September I, 1994 6 To: The Honorable Jerome Selby and members of the Kodiak Island Borough Assembly From: Marilyn Ordal Re: Opposition to proposed Ordinance No. FY2013 -03 Amending Longevity Pay I would like the following to be read into the record regarding proposed Ordinance No. FY2013 -03: I am writing my response to proposed Ordinance No FY2013 -03 Amending Longevity pay of the Personnel Manual. I am out of town so I cannot attend this meeting in person, but I wanted to put my view before the Assembly for consideration. 1. This ordinance was prepared by the Borough Working Conditions Advisory Council, none of whom are Tier IV employees. 2. None of the Borough Working Conditions Advisory Council are union members, though they all enjoy the benefits the union contract provides all Borough employees without paying union dues. 3. No Tier IV employees were consulted for their input on this ordinance. The summary statement for this ordinance implies that changes in the PERS retirement plan from a pension plan to a defined contribution plan is a driving force behind this proposed ordinance; that this longevity ordinance would provide incentive for employees to work at the Borough longer and minimize Borough turnover . I am a PERS Tier IV — defined contribution employee of the Borough, and as with all Tier IV employees, our date of eligibility with the PERS system is after 7/1/2006. This ordinance does not entice me to stay at the Borough as much as it does Tier I and II employees. They are part of a pension plan that is based on their highest salary years; which is usually at the end of a career. This ordinance is very beneficial to Tier I and II employees as it will affect their pension payments, however, Tier IV employees, like myself, will not receive pension payments. If the Assembly wishes to add additional pay increases for employees based upon their total work time at the Borough that is your choice. However, application of this incentive program to only non -union members will only fracture the morale of all Borough employees. This ordinance does not provide an adequate incentive to keep Tier IV employees working for the Borough long term, and it should not be presented as such. The results of the salary study that is currently in process, could address the issue of longevity for Borough employees. This study involves all Borough employees and would have a more beneficial effect than this ordinance which clearly favors a select few. Additionally, if the Borough is looking for benefits to keep Tier IV employees for the long term, a better suggestion, perhaps, would be to offer matching funds for their 457 retirement plan. Adding matching funds on a graduating schedule according to years of service would provide benefits for long -term employees and be more fiscally stable, especially in light of these uncertain economic times. Respectfully, COldstr Marilyn Ordal ° • � 4, KODIAK ISLAND BOROUGH : E 3; + AGENDA STATEMENT REGULAR MEETING OF: OCTOBER 4, 2012 ITEM NO.: 9.0 TITLE: Ordinance No. FY2013 -04 Amending Section 707 Sick Leave of the Personnel Manual. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2013 -04; Personnel Manual Sec. 707; AML Municipality Sick Leave study APPROVAL FOR AGENDA: / SUMMARY STATEMENT: This ordinance was drafted at the request of Working Conditions Advisory Council Chairperson Short. Per KIB Personnel Manual Section 707, the Borough employees currently do not get cash payment/compensation for unused sick leave when they terminate their employment with the Borough. When the Public Employees Retirement System (PERS) changed from a defined benefit program to a defined contribution program, much of the incentives for long -term employment went away. Employees who have worked over five years should be fairly compensated for unused sick leave and by providing this incentive it would discourage inappropriate use of sick leave. The Working Conditions Advisory Council met on August 31, 2012 and approved the Sick Leave Pay ordinance to advance to the Borough Assembly for adoption RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013 -04. Kodiak Island Borough Page 1 of 1 1 2 Introduced by: Administrative Official Requested by: WC Advisory Council 3 Chairperson Short 4 Drafted by: Borough Clerk 5 Introduced: 09/20/2012 6 Public Hearing: 10/04/2012 Adopted: 7 8 KODIAK ISLAND BOROUGH 9 ORDINANCE NO. FY2013 -04 10 11 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 12 AMENDING SECTION 707 SICK LEAVE OF THE PERSONNEL MANUAL 13 14 WHEREAS, all KIB employees currently do not get cash payment/compensation for unused 15 sick leave when they terminate; and 16 17 WHEREAS, long term employees, minimum of 5 years and above, should be fairly 18 compensated for unused sick leave; and 19 20 WHEREAS, when the Public Employees Retirement System (PERS) changed from a 21 defined benefit program to a defined contribution program, much of the incentives for long - 22 term employment went away; and 23 24 WHEREAS, providing this incentive would potentially discourage frequent, unnecessary, 25 and "use when it is earned" use of sick leave; and 26 27 WHEREAS, not all employees are represented by a collective bargaining 28 organization. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 31 BOROUGH THAT: 32 33 Section 1: This ordinance is of a general and permanent nature and shall become a part 34 of the Kodiak Island Borough Personnel Manual. 35 36 Section 2: This ordinance is not of a general application and shall not be codified. 37 38 Section 3: This ordinance will only apply to employees who are not represented by 39 a collective bargaining organization. 40 41 Section4: This ordinance shall amend Personnel Manual Chapter 7 Leave, Section 707 42 Sick Leave as follows: 43 44 707 SICK LEAVE 45 46 Each full -time regular employee shall accrue sick leave from the date of 47 employment at the rate of one and one - quarter (1 -1/4) days per month (five (5) 48 hours per pay period based upon twenty -four (24) annual pay periods of eighty 49 (80) hours per pay period) regardless of length of service. For regular part- 50 time employees working less than thirty (30) hours a week and regular full -time 51 employees working thirty plus (30 +) hours but less than forty (40) hours a 52 week, sick leave accrual will be prorated based upon regularly scheduled 53 hours per pay period. 54 Kodiak Island Borough Ordinance No. FY2013 -04 Page 1 of 2 55 Sick leave is available for use by the employee or if the employee's dependent 56 child or spouse is sick and requires the physical presence of the employee in 57 the interest of family welfare. Employees not able to work due to illness shall 58 notify their supervisor within two (2) hours of the scheduled reporting time. 59 When sick leave exceeds three (3) consecutive work days a statement from a 60 licensed health care practitioner may be required to substantiate the leave 61 taken. If sick leave is not sufficient to cover an absence due to illness, leave 62 shall be charged to annual leave, then to leave without pay. 63 64 Accrued sick leave may be used during the probationary period. Excess 65 annual leave (over seventy -five (75) working days) will automatically be 66 transferred into the sick leave account at the end of every calendar year. Sick 67 leave slips should be turned in within three (3) working days after the leave has 68 been taken (see sample Leave Request Form in Appendix B - Forms Section). 69 70 No cash payment will be made to an employee for unused sick leave when the 71 employee terminates is terminated from Borough service for unsatisfactory 72 performance. 73 74 Cash payment will be made to an employee for unused sick leave when 75 an employee terminates Borough service or is laid off per this schedule. 76 0 to 5 years No payment Over 5 years to 10 years 25% of unused balance Over 10 years to 15 years 50% of unused balance Over 15 years to 20 years 75% of unused balance Over 20 years 100% of unused balance 77 78 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 79 THIS DAY OF 2012 80 81 82 KODIAK ISLAND BOROUGH 83 84 85 86 Jerome M. Selby, Borough Mayor 87 88 ATTEST: 89 90 91 92 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2013 -04 Page 2 of 2 Paid Sick Leave -and Other Forms of Paid Leave a ` 3 St C 'C Municipality t 1 a-1 ' � Days/Year Carry Over'? Paid Upon Other Forms of Leave : Po ulation. Ss aratinn)rertination? p Number or Days; Y. Anchorage Yes No ' Anchorage has 3 tiers of leave for employees hired after 282813 • certain dates and aix bargaining units - leave varies. Fairbanks North Star Borough Combined with Jury duty, Bereavement - 3 days, Military - 10.5 days 07970 Personal MatanuskaSusitna Borough Combined with Jury duty - varies, Reserve Military- 16.5 days , Active 83000 .Annual Military - 30 days, Selective Service Induction - 3 days , Bereavement - 2 days Kenai Peninsula Borough 15 Yes Yes, 25 %d 5 yrs, 50%.10ys. Jury duty - no limit, Military:cave -2 wks/yr 51900 No maximum Fairbanks Combined with Jury duty - 2 days, Family leave - FMLA allowance 31182 Personal Juneau Combined with Jury duty - no limit, Military - 16.5 days/calendar weir, 30711 Annual Parent/Teachercon(- 3hr /school ye/child Ketchikan Gateway Borough Combined with None 13174 Annual - Sitka 18 Yes. Yes Maternity leave, Jury duty, Military leave, Bereavement -5 days 8380 90 Keichikan 12 Yes Yes Jury duty: - as needed, Military duty - 14days, Bereavement - - 3 7685 Unlimited days Wasilla Combined with Jury & Military duty - as needed, Bercavement(Police Union 7028 Annual only) -3. days Kenai Combined with Bereavement - 3 days, Military - 15 days J942 Annual North Slope Borough Combined With' . dury Military duty 16 5 Jays, 'G751 Annual Kodiak, 12 Yes No July duty, Military 15 days 5974. No maximum Homer 5 ; '_ h'o No Jury duty -no limit, Bereavement • 5 day.,, Military- LS days, 5a3j - - Birthday, I •day, 20 year anmvo ary 9. day • _ _..._ z- ' " k t t x 4 " soy , _ -- P ard' S ck L andt0ther F,or P a i d Le c Page r - _-_. �.� t z- .a ys ^a a a '- , . , trrr se no- r Feu . . �..... `� .n a— - � ar _ _ aaaaae ,, ao,smr aaaaaaos. alias l''' ®., -: ®.. 4 "+� 1111111611' t ®a - - Atrvetti �n�� 'd��—,�.~ �' �. �Wicl. Population Days/Year Carry [.Vha/Forms vf��ovye : " wuu�c,�n^p� S9,ma,^w?�w/oo�^o? ` � Ott tWeitt Unalaska Combined with Jury duty u needed, Bereavement - d(tiw-uoio"i, 7(o"/m) ^pv/ Annual days ____ -----__--__-_-'_ _-_-___-�_-_---_�-'`_-~��__�--- ___ ~^__--_ ______ _-.,, -_~_ Barrow Combined with Jury duty ' varies. Military duty /6 5mx,yr 4)99 Annual cfi --'_'_'__---__�-.''-_'`-~-_---_ -��_ -'__ '----'-___^ -- --`- __ Suldotna 15 Yes No Jury duty, tercorrmeu5 days in-state &.S days nut or state �x^� No maximum -----_-' ---__--_-'`--_-- , ^ — ____'_ ___ ^__-'.'-__--__---_-'--_-~`~--____- NOME included in Jury duty depends ^xw"^ io�dx*^}6.5 3540 Personal Leave oa�^uxi|��m/n,"o�t"f�oS Armed Forces --- ----' '- ----� '-- i . ----'-'-----'- -------^-`----~-� - Pitri Kotzebue o No No Jury duty 3135 Wit `__-. ~ _ -____'_-_~- ___ -___ Aleutians East ao"/oxh 12 r., Na Jury duty '1^ days, Military duty /^ days, Bereavement 5 2659 No maximum days --' -__ _-_-_-----__-__''- ---_'--_-'--`_'----''-_--------__'__- Seward Combined with Jury duty - unlimited, Military '3" days, Bereavement 5 days 2619 Annual r fed kid _ ----'--�_--_--__- __-__-----'_-^---_----_-- ` _^_---�-~.~`----_-----_'--�__~ Haines Borough 16 Yes No Reserve maiw' duty o.'staining oru/^.6 days pet year, 2257 No limit Jury duty volimit LA -~_�,--_-__-__-__�__�--�-��--�_�--_--___-_~'�_- _`-.'--------_'- --- - ___ ~--___ -- Cordova 12'15 Yes Yes-Half /(nnp|"p,has Bereavement '> days, Jury duty, Militar' leave f tall 2161 77.5 completed yea= ._ _ '-~' ___ ---' ~ -- --_-_-_-`-'.-__' _ -' -`-'_�_---�- .- -'-- --`_`- ~-'~_~ Wrangell 12 Yes No Jury duty /o days, Funeral leave , 5^"n 2072 60 B .CD ------�_-_-'___- ^— — __' . __- — ` no^^mv 5. Yes No Military - I" compliance with federal guidelines, Jury duty 2018 All Case' bn ease basis ~ opomK^w"g. 10.5 Yes Yes Jury d«v'z^ days. Bereavement 4days 1848 All ---,-___�__----'.-_-~--_~'---_--~'--_ ----- �----_ '__��--_---'.� - ~_-- _'__�`-_�'_' .� Craig 12 `s, No B"^p°px'n/,5days 1102 ' riu h"oa ~ _____ ___—'___� . _'`~'---�' — '_^ ili � vumJoamoo Combined with 'None 1058 Annual - ,- --,-'---^- S^,x~.y ^s' Yes No /o?ootu Military duty ,)6 days, Bereavement 5days si Le 8m 30 days U Paid S ��l�o��a��d ��F��|u��we . *JZ � v ' rsi ` � �m - Sick Leave- . ra Y J* *4 ` ` f 3 � .. Municipality Inc! .'1 Days Year Carry Over? Paid Upon Other Forms of Leave : Population Numbe of Days- Separation/Tcmiination7 Tagiak Combined with Bereav anent - 2 days 806 Annual Akutan 15 No No None 780 King Cove 1.25 Yes • No Jury duty - as needed, Bereavement -3 sick leave days, 756 No maximum Maternity - 12 weeks Savoonga 0 None 712 Noorvik Combined with Jury duty 7 days, Military duty -15 days, Maternity- 63 days, 636 Annual Subsistence - 10 days Yakutat 24 Yes No Witness and jury leave, Military leave 16.5 days 619 840 hours Toksook Bay 3 No Yes Military duty - 15days 596 Anderson E.3 Yes No Jury duty - 20 days, Military duty - 2 standard work weeks 546 60 Nenena 15 Yes No None 479 60 Chefornak 0 None 465 Saint Paul 12 Yes No Jury duty 450 varies according to what they have New Stuyahok None None 448 Nuigsut Combined with. None . 410 Annual Napakiak Combined with Maternity 63 days, Subsistence -30 days :370 •Annual Koyuk 0 Military duty -. 15 days, Maternity leave - 63 days 350 Paid Sick Leave and Other Forms of Paid Leave :Page7,3 w _ f1 Y "F t " "' '^. �. t r . : e S sq"°"jai n c k Leacc,.�% r m :; rese- IL Municipality ti ° l a ' ' f: " Si '.,:"...,3 =r Days'Year Carry Over? Paid Upon Other Forms. of Leave : Population Number of Days: .Separation/Termination? Brevig Mission As needed for No No Jury duty, :Military duty - 15 days, Bereavement - as needed, 350 medical Maternity - 9 weeks, Election as needed Prrai Nulalo 0 None 270 1480 — Aualia 0 None '. °_.__.__' . _.._ 265 Tanana —_- 20 Yes - _-- __--'_— No _ -_ Jury duty -20 days, Military duty -20 days, Bereavement -5 t .'r' r 258 No maximum days, Maternity - 120 days Lower Kalskag 0 - - - -_- 253 Mekoryuk 15 Yes No Jury duty. Military duty - 14 days, Bereavement 5 days, l i: - 208 No maximum Mal canny, Subsistence ^'J White Mountain 0 Jury duty - as needed, Military duty - 15 days, Election leave 194 as needed ltlElzfg Coffman Cove 0 None 156 Ouiinkie 14 No No None i55 Wales 0 _..._.__.^.._._ — ____.._ —___ —. _ —._— Subsistence- unpaid_ _.__.__.____.___— _.__._.__.. il arse 139 i 9-181801 Eagle 0 None 123 Pelican 15 Yes No None 113 No maximum Tenakee Springs 0 None 98' .___._. __:_ .__ .__ a Koyukuk 0 �. None a 8'i ": Cold Bay 12 Yes No Jury duty, Family leave, Educational leave y 89 30 I Paid Sick Leave and Other Forms of Paid Leave Page 74 disaster.. Leave donations must be requested in writing and be approved by the Borough Manager. Donations will reflect as a reduction in annual leave hours to the Donor and an increase of the same number of annual leave hours to the Donee. 707 SICK LEAVE Each full -time regular employee shall accrue sick leave from the date of employment at the rate of one and one - quarter (1 -1/4) days per month (five (5) hours per pay period based upon twenty -four (24) annual pay periods of eighty (80) hours per pay period) regardless of length of service. For regular part-time employees working less than thirty (30) hours a week and regular full -time employees working thirty plus (30 +) hours but less than forty (40) hours a week; sick leave accrual will be prorated based upon regularly scheduled hours per pay period. Sick leave is available for use by the employee or if the employee's dependent child or spouse is sick and requires the physical presence of the employee in the interest of family welfare. Employees not able to work due to illness shall notify their supervisor within two (2) hours of the scheduled reporting time. When sick leave exceeds three (3) consecutive work days a statement from a licensed health care practitioner may be required to substantiate the leave taken. If sick leave is not sufficient to cover an absence due to illness, leave shall be charged to annual leave, then to leave without pay. Accrued sick leave may be used during the probationary period. Excess annual leave (over seventy -five (75) working days) will automatically be transferred into the sick leave account at the end of every calendar year. Sick leave slips should be turned in within three (3) working days after the leave has been taken (see sample Leave Request Form in Appendix B - Forms Section). No cash payment will be made to an employee for unused sick leave when the employee terminates from Borough service. 708 FAMILY/MEDICAL LEAVE In compliance with the state and federal family leave acts (including any amendments) family leave (sick leave) may be utilized by eligible employees for a serious health condition of the employee, their child, spouse or parent. Up to twenty -four (24) weeks in any twenty -four (24) month period may be utilized for this purpose with a maximum of eighteen (18) weeks allowed in any twelve (12) month period (i.e. an employee who opts to take eighteen (18) weeks in the first twelve (12) months would then have six (6) weeks remaining to take in the following twelve (12) months). The family leave acts allow for family leave to be utilized by eligible employees for pregnancy and birth of a child of the employee, or the placement of.a child, other than the employee's stepchild, with the employee for adoption. The right to take leave for this reason expires on the date one year after the birth or placement of the child. Up to eighteen (18) weeks within a twelve (12) month period may be taken for this purpose. The twelve (12) month period will be calculated from the day the employee first utilizes family /medical leave. October 19, 1998 - 7 -3 Kodiak Island Borough MEMORANDUM TO: Honorable Mayor and Assembly Members of the Kodiak Island Borough THROUGH: Bud Cassidy, Administrative Official FROM: Karleton Short, Finance Director SUBJECT: Ordinance No. FY2013 -04 Amending Section 707 Sick Leave of the Personnel Manual. DATE: October 2, 2012 We have been providing estimates on what it would cost the Borough today if we were to adopt Ordinance No. FY2013 -04 Amending Section 707 Sick Leave of the Personnel Manual and every non -union employee were to quit the next day. I think that it would also be beneficial to show what it would cost the Borough per year over time. As before, these calculations are just for nonunion employees. The Borough Assembly could extend this benefit to union employees during contract negotiations. We had to make a couple of assumptions to make this calculation. One was to assume that the average employee would be at the Borough between 10 and 15 years. This is important because of the proposed ladder system in the ordinance to pay employees a portion or all of their sick leave. The next assumption is that on average employees will use half of the 15 days of sick leave they earn each year. Based on these assumptions the annual cost to the Borough would be approximately $15,000 a year if this ordinance is adopted. This does not include previously earned sick leave. Also, not all of these costs would be borne by the general fund as some employees are paid from various special revenue and enterprise funds. If you have any questions please let me know. CC. Working Conditions Advisory Council To: The Honorable Jerome Selby and members of the Kodiak Island Borough Assembly From: Marilyn Ordal RE: Opposition to proposed Ordinance No. FY2013 -04 Amending Sick Leave Pay I would like the following to be read into the record regarding proposed Ordinance No. FY2013 -04: I cannot be present for the Kodiak Borough Assembly meeting tonight, October 4, 2012, but I would like my comments to be read into the record, and copies of my letter distributed to all members of the Assembly. I am writing my response in opposition of proposed Ordinance No FY2013 -04 Amending Sick Leave pay in the Borough Personnel Manual. 1. This ordinance was prepared by the Borough Working Conditions Advisory Council, none of whom are Tier IV employees. 2. None of the Borough Working Conditions Advisory Council are union members, though they all enjoy the benefits the union contract provides all Borough employees without paying union dues. 3. No Tier IV employees were consulted for their input on this ordinance. 4. Borough policy has allowed exempt employees to work a partial day and not claim any sick leave, thereby conserving and increasing their accrued sick leave. As with proposed ordinance FY2013 -03, the summary statement for this ordinance implies that changes in the PERS retirement plan from a pension plan to a defined contribution plan is a driving force behind this proposed ordinance. The summary also states this proposed ordinance would discourage employees from using their sick leave inappropriately. I am a Tier IV employee as well as a non- exempt employee who must use my sick leave for every quarter of an hour I am out either sick or at a medical appointment. This ordinance does not entice me to stay at the Borough to be able to "cash in" my unused sick leave. Again, this proposed ordinance is very favorable to a few employees. If the Assembly wishes to reward long -term employees with pay for their unused sick leave, then that is your choice. But again, it should not be masked as an enticement for Tier IV employees to remain as long -term employees of the Borough because they do not receive any benefit from this ordinance. Additionally, the cost of this ordinance would come in large payments that cannot be anticipated or properly budgeted. There is no way to amortize such payments on an annual basis; they would come in large payouts as the Tier I and II employees anticipate retirement and leave Borough employment. Respectfully, Marilyn `� Orda l' - KODIAK ISLAND BOROUGH °= + AGENDA STATEMENT REGULAR MEETING OF: OCTOBER 4, 2012 ITEM NO.: 13.A.1 TITLE: Contract No. FY2004 -61E Kodiak Island Borough Legislative Consultant During the 2013 and 2014 Legislative Sessions. ORIGINATOR: Borough Clerk FISCAL IMPACT: ® Yes $40.000 or ❑ No Funds Available ❑ Yes ❑ No Account Number: 100 - 100 - 430 -100 Amount Budgeted: ATTACHMENTS: Contract No. FY2004-61E APPROVAL FOR AGENDA: SUMMARY STATEMENT: The agreement for lobbying services between Kodiak Island Borough and Hickey & Associates expires on December 31, 2012. KIBC 3.30.070.A states that competitive bids are not required for professional contracts. This contract is another two year contract, similar to the last contract. At the end of this year, Mr. Hickey will have worked on behalf of the Borough for twelve years. This contract is for the same amount as the last contract which is $40,000 annually. Mr. Hickey has done an excellent job for the Borough working quite well with the legislature and various State agencies, including the Governor's office. Mr. Hickey has been supportive of Borough projects assisting the manager and staff not only with legislation but also with project hurdles we encounter from time to time with State agencies that are administrating grants or projects. RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2004 -61E with Hickey & Associates of Juneau, Alaska in the amount not to exceed $40,000 annually for the period of January 1, 2013 to December 31, 2014. Kodiak Island Borough Page 1 of 1 Contract No. FY2004 -61E AGREEMENT FOR LOBBYING SERVICES BETWEEN KODIAK ISLAND BOROUGH AND HICKEY & ASSOCIATES 1. Hickey & Associates (hereinafter the "Contractor ") agrees to represent the Kodiak Island Borough (hereinafter the "Borough ") from January 1, 2013 through December 31, 2014. 2. The firm will represent the Kodiak Island Borough before the Alaska State Legislature and State Administration. Representation will be focused on the various projects and issues the Borough will have before the Legislature and administrative agencies of the State of Alaska. Borough representatives will assist with representation as appropriate on any legislative or agency issues. 3. The firm will report directly to the Borough Manager of the Kodiak Island Borough. Mr. Hickey will travel to Kodiak to meet with the Manager, Mayor and Assembly at least once each year during the term of the contract at a mutually agreeable time. 4. The firm will provide the Borough Manager with regular updates by phone with the progress of the Borough's projects during the tern of this contract. A monthly, written status report during session and supplemental written reports during the interim as events warrant is required. When representatives of the Kodiak Island Borough travel to Juneau, a schedule of appointments in advance of the travel date is to be provided. 5. Kodiak Island Borough priorities for this agreement are the following items: A. Representation of all Kodiak Island Borough issues and concerns before legislative bodies and administrative agencies of the State of Alaska. B. The Kodiak Island Borough Capital Improvement Program as adopted by resolution of the Assembly. 6. The fixed fee for the above services will be $40,000 per year, or a total of $80,000 for the contract period. $30,000 of the annual fee will be payable on a monthly basis during the session. The remaining $10,000 will be payable on a quarterly basis. Extraordinary out - of- pocket expenses defined as direct expenses for borough - directed travel and major entertainment/meal expenses shall be reimbursed over and above the fixed fee and must be approved in advance by the KIB Manager. The Contractor will pay for the annual trips required under paragraph #3 above. 7. The parties agree the contract may be terminated by either party with or without cause, by providing the other party with a written notice of 30 (thirty) days. If the Borough terminates this agreement and termination falls between scheduled payment dates, the Contractor shall be compensated on a pro -rated basis. Contract No. FY2004 -61E This agreement constitutes the full agreement between the parties. KODIAK ISLAND BOROUGH HICKEY & ASSOCIATES Charles E. Cassidy, Jr., Administrative Official Mark S. Hickey, President 9/20/ 12 Date Date ATTEST: Nova M. Javier, MMC, Borough Clerk Date KODIAK ISLAND BOROUGH C' trp r AGENDA STATEMENT REGULAR MEETING OF: OCTOBER 4, 2012 ITEM NO.: 13.C.1 TITLE: Ordinance No. FY2013 -05 Determining the Disposition of a Tax Foreclosed Property and Establishing Intention to Surplus and Sell Said Property by Finding That a Public Need Does Not Exist for the Property and Authorizing the Property for Immediate Disposal (P &Z Case 13 -001). ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2013 -05, P &ZC Resolution FY2013 -04 (unsigned), P &Z Case Packet, Related Materials and Decision Letter APPROVAL FOR AGENDA: SUMMARY STATEMENT: The KIB Resource Management Officer has requested an expedited review of this tax foreclosed property 1311 Larch Street due to its deteriorated condition and the prospect of substantial borough effort to protect the remaining value of the property before the onset of winter. The Commission has reviewed this property as required by KIBC 18.30.020 and found that there is no compelling public purpose that would justify the borough to keep the property and the City of Kodiak was offered the property and declined that offer. The Commission held a public review of this case at its September 19, 2012 regular meeting. A copy of the resolution (unsigned at time of submittal) and other related case materials are provided for the Assembly's review and consideration in accord with the applicable provision of KIBC 18.20 (Real Property Disposal — In General). RECOMMENDED MOTION: Move adopt Ordinance No. FY2013 -05 in first reading to advance to public hearing at the next meeting of the Assembly. Kodiak Island Borough Page 1 of 1 Requested by: Borough Manager 1 P&Z Commission 2 Drafted by: Community Development 3 Department Introduced: 10/04/2012 4 Public Hearing: 5 Adopted: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2013 -05 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 DETERMINING THE DISPOSITION OF A TAX FORECLOSED PROPERTY AND 12 ESTABLISHING INTENTION TO SURPLUS AND SELL SAID PROPERTY BY FINDING 13 THAT A PUBLIC NEED DOES NOT EXIST FOR THE PROPERTY AND AUTHORIZING 14 THE PROPERTY FOR IMMEDIATE DISPOSAL (P&Z Case 13 -011) 15 16 WHEREAS, the Kodiak Island Borough has acquired Lot 17, Block 7, Baranof Heights 17 Subdivision 1 Addition as a result of the tax foreclosure procedure; and 18 19 WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states: 20 21 a) The municipality shall determine by ordinance whether foreclosed 22 property deeded to the municipality shall be retained for a public 23 purpose. The ordinance must contain the legal description of the 24 property, the address or a general description of the property 25 sufficient to provide the public with notice of its location, and the 26 name of the last record owner of the property as the name appears 27 on the assessment rolls. 28 29 b) Tax - foreclosed property conveyed to a municipality by tax 30 foreclosure and not required for a public purpose may be sold. 31 Before the sale of tax - foreclosed property held for a public purpose, 32 the municipality, by ordinance, shall determine that a public need 33 does not exist; and 34 35 WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed 36 this tax foreclosed property as required by KIBC 18.10.030 and has made a formal 37 recommendation by resolution on the parcels disposition by recommending that this 38 property should NOT be retained for a public purpose; and 39 40 WHEREAS, the Kodiak Island Borough Manager has reviewed the Commission's 41 action, as required by KIBC 18.10.030; and 42 43 WHEREAS, the Kodiak Island Borough Manager has recommended the tax - foreclosed 44 property described Lot 17, Block 7, Baranof Heights Subdivision 1 Addition is declared 45 not to be of "public need" and be offered for immediate sale; 46 47 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 48 BOROUGH THAT: 49 50 Section 1: This ordinance is of a general and permanent nature and shall become a 51 part of the Kodiak Island Borough Code of Ordinances. 52 Kodiak Island Borough Ordinance No. FY2013 -05 Page 1 of 2 53 Section 2: Lot 17, Block 7, Baranof Heights Subdivision 1 Addition has been 54 acquired by the Kodiak Island Borough by clerk's deed pursuant to tax 55 foreclosure and it has been determined that a public need does not exist 56 and the property will be sold at the earliest opportunity to do so. 57 58 Section 3: The manager is directed to offer the property immediately by sealed bid 59 auction and the highest bidder will take ownership. 60 61 Section 4: The terms to be approved by the assembly are: Bidder is to enclose a 10% 62 deposit based on the minimum bid amount shown in the bid packet. The 63 remaining balance must be paid within thirty (30) days. 64 65 Section 2: If the property remains unsold after being offered for sale by sealed bid, the 66 property may be listed online for sale to any approved party for at least the 67 minimum cost. 68 69 70 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 71 THIS DAY OF 2012 72 73 74 KODIAK ISLAND BOROUGH 75 76 77 78 Jerome M. Selby, Borough Mayor 79 80 ATTEST: 81 82 83 84 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2013 -05 Page 2 of 2 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RESOLUTION NO. FY 2013 -04 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF TAX FORECLOSED PROPERTY DESCRIBED AS LOT 17, BLOCK 7, BARANOF HEIGHTS SUBDIVISION 1 ADDITION. WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and, WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation on the disposal(s) by resolution before it is forwarded to the Borough Assembly; and, • WHEREAS, the principal purpose of the Commission is to consider if the land requested is surplus to the Borough's need; and, WHEREAS, the disposal of tax foreclosed property has been requested by the borough Resource Manager; and, WHEREAS, the Planning & Zoning Commission has found that the parcel identified below for disposal is surplus to the public's need based on its review; and, WHEREAS, the Planning & Zoning Commission held a public hearing on September 19, 2012 and is recommending the disposal of the following parcel: NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISION THAT: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends disposal of the boroughs interest in the Lot 17, Block 7, Baranof Heights Subdivision 1 Addition. Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, has determined after a public hearing on September 19, 2012, that the aforementioned property is hereby surplus to the public's need. Section 3: The commission recommends that the Assembly declare the property surplus and direct the borough manager to undertake the disposal of said tax foreclosed property. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION THIS 19 DAY OF SEPTEMBER, 2012. PLANNING & ZONING COMMISSION Alan Torres, Chair ATTEST WThe _ 6I6 Sheila Smith, Secretary Public Hearing Item 9 -A P &Z - Septemberr 19, 2012 MEMORANDUM DATE: September 8, 2012 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the September 19, 2012 Regular Meeting CASE: 13 -011 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze, Resource Management Officer REQUEST: A Title 18 Land Disposal review, per KIBC 18.20.030.A — Review by Planning Commission, regarding the disposal of a tax foreclosed property described as Lot 17, Block 7, Baranof Heights Sub. 1 Add. LOCATION: 1311 Larch Street ZONING: R2- Two - family Residential SUMMARY This request is for a disposal of a tax foreclosed property as described in the Resource Manager's memorandum dated September 4, 2012. The property is distressed and the borough would like to make it available for disposal before it requires substantial repairs due to fall and winter weather. The City of Kodiak which typically gets an option for tax foreclosed properties so it will be up to the borough to arrange for disposal. There is no public use designated for this area that either the site or the structure would be suited. RECOMMENDATION Staff recommends that the Commission approve Resolution No. FY2013 -04 recommending that the assembly dispose of Lot 17, Block 7, Baranof Heights 1st Addition as surplus to the borough's needs. Staff Report - Page 1 of 2 Public Hearing Item 9 -A P &Z - Septemberr 19, 2012 APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to adopt Planning and Zoning Commission Resolution No. 2013 -04 recommending disposal of Lot 17, Block 7, Baranof Heights Subdivision, 1 Addition as surplus to the borough's needs. FINDINGS 1. There is no public need to be satisfied in the location of this tax foreclosed property. 2. The property is distressed and in need of repairs but there is no guarantee that any repairs performed by the borough would increase the return on the property at the time of sale. 3. There is a need to expedite the disposal process to sell the property to a qualified purchaser who can determine the best way to go about effecting repairs to redevelopment before change of season damages the property further. Staff Report - Page 2 of 2 Public Hearing Item 9 -A P &Z - Septemberr 19, 2012 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RESOLUTION NO. FY 2013 -04 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF TAX FORECLOSED PROPERTY DESCRIBED AS LOT 17, BLOCK 7, BARANOF HEIGHTS SUBDIVISION 1s ADDITION. WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and, WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation on the disposal(s) by resolution before it is forwarded to the Borough Assembly; and, WHEREAS, the principal purpose of the Commission is to consider if the land requested is surplus to the Borough's need; and, WHEREAS, the disposal of tax foreclosed property has been requested by the borough Resource Manager; and, WHEREAS, the Planning & Zoning Commission has found that the parcel identified below for disposal is surplus to the public's need based on its review; and, WHEREAS, the Planning & Zoning Commission held a public hearing on September 19, 2012 and is recommending the disposal of the following parcel: NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISION THAT: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends disposal of the boroughs interest in the Lot 17, Block 7, Baranof Heights Subdivision 1s Addition. Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, has determined after a public hearing on September 19, 2012, that the aforementioned property is hereby surplus to the public's need. Section 3: The commission recommends that the Assembly declare the property surplus and direct the borough manager to undertake the disposal of said tax foreclosed property. Resolution - Page 1 of 2 Public Hearing Item 9 -A P &Z - Septemberr 19, 2012 ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION THIS 19 DAY OF SEPTEMBER, 2012. PLANNING & ZONING COMMISSION Alan Torres, Chair ATTEST Sheila Smith, Secretary Resolution - Page 2 of 2 Public Hearing Item 9 -A P &Z - Septemberr 19, 2012 Fr ; ; Kodiak Island Borough OFFICE of the MANAGER t " � 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9304 Fax (907) 486 -9374 6 j.^,# -� - „ E -mail: rscholze To: Planning and Zoning Commission From: Bob Scholze, Resource Management Office Date: Sept. 4, 2012 Re: Disposal of Foreclosed Property (Lot 17, Bk. 7, Baranof Heights Subd, I Add.) From time to time, the Borough is required to sell property delinquent on property taxes in order to recover taxes owed as well as penalties and interest. Tax foreclosed property that is not redeemed within the one -year redemption period is transferred by Clerk's Deed to the Borough. Following satisfaction of extensive notice requirements, including certified letters and the physical posting of the property, tax foreclosed property can be sold at auction Borough Code Section 18.10.030 specifics that property acquired by the Borough through tax foreclosure be reviewed by the planning commission for "...recommendations as to whether all or any portion of the land should be devoted to public use, reserved for future use to meet projected borough requirements, or made available for sale, lease or other disposition in conformance to the borough comprehensive land use plan." In addition, KIBC 18.20.030 states that "...each disposal of borough land is subject to review by the planning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal." This property is located within City of Kodiak municipal limits. According to State Statute (AS 29.45.450), the municipality in which a foreclosed property is located can be deeded the property for taxes owed plus penalties and interest if it wants. In this case, the City has declined. The house on the property is in extremely poor condition and has been determined by the Assessor to have salvage value only. Without immediate attention before winter, the condition of the home will further decline, which makes it important to expedite it through the disposal process. Attached is back -up documentation consisting of the Assessor's report, the City's determination, and photos. Application - Page 1 of 9 Public Hearing Item 9 -A P &Z - Septemberr 19, 2012 Robert Scholze From: Bill Roberts Sent: Friday, August 17, 2012 2:42 PM To: Karl Short; Dora Cross; Robert Scholze Cc: Debbie Rippey; Jack Maker Subject: 1311 Larch Street; Ferres Home Karl, et al, This morning Debbie and I accompanied Jack to the Ferris home on Larch Street. Our purpose was to gather information as to the physical condition of the home to beter appraise the property. You are probably already partially aware as to what we found. Basically, the home "as is" isnnhabitable. The general state of the property is very poor with particular items noted: 1) The boiler has been removed so there is no heat source. 2) The roof cover is at the end of its physical life and needs immediate replacing. The roof deck, at least from an inspection from the attic space, appears to be basically sound, amazingly enough. 3) Junk and left behind personal property covers the floors and the grounds. 4) Water is seeping through the back wall in many places and the lower level floor is wet, almost throughout. This indicates that the foundation drainage system has failed and probably needs to be totally replaced. 5) There is a bulge in the rear wall on the south end next to the entry to the garage which could indicate structural damage, but further more in depth inspection by a contractor is needed. 6) Lower level bathroom is destroyed and holes cut in the ceiling and floor indicating possible plumbing problems under the concrete slab. 7) All floor cover is either missing or in extremely poor condition. 8) Signs of rot on exterior of almost all windows and doors and some broken window panes. 9) Exterior siding needs repair, power wash and paint. 10) Fascia boards appear rotten. 11) Missing soffits. 12) Some mold growth in upstairs closets. 13) Kitchen is trashed and lacks working appliances. 14) Fuel oil tank has rust at bottom and needs to be fully inspected. OTHER CONCERNS: Without immediate attention I would expect that the mold growth will blossom throughout the end of the summer and into the winter. If left unheated I would suspect even more severe damage by spring, although when looking at the needed repairs this may be a mute point. At any rate, for the assessment records I have given the improvements a 20% salvage value. To derive a hard number to value this property we would need a complete home inspection (Steve Dryden is licensed) and some hard costs for repairs. This can be used to compute the repaired value and thus the present value less an entrepreneurial profit. I am not sure what our legal position is if we value the property and sell it and the heirs come back and feel we did not sell it at actual market. Can they sue us. I strongly recommend we act quickly on this property as we do not wish to own it through the winter and do not wish to put the money into it to ensure no further deterioration, if further deterioration is possible. At the very least we need to make sure the roof doesn't start leaking, replace the heat source, and stop the water intrusion inside the home to stop the inevitable march of mold. - Bill Application 1 Page 2 of 9 Public Hearing Item 9 -A P &Z - Septemberr 19, 2012 Robert Scholze From: Kniaziowski, Aimee < akniaziowski @city.kodiak.ak.us> Sent: Tuesday, August 28, 2012 8:33 AM To: Robert Scholze Cc: Karl Short; Dora Cross; Mary Pinkel; Bud Cassidy; Jack Maker Subject: RE: KIB foreclosed property within the City Bob, Thank you for the information on the property you've described. As you probably know, it's been the City Council's policy that the City will not request tax foreclosed properties with buildings on them (especially residential buildings) be deeded to the City. Upon review of the referenced parcel, it isn't in the City's best interest to have the subject parcel deeded to the City. Please contact me if you have further questions. Aimee Kniaziowski City Manager City of Kodiak 710 Mill Bay Road Kodiak, AK 99615 Phone (907) 486 -8640 Fax (907) 486 -8600 From: Robert Scholze jmailto:rscholzeC@kodiakak.us] Sent: Monday, August 27, 2012 5:26 PM To: Kniaziowski, Aimee Cc: Karl Short; Dora Cross; Mary Pinker; Bud Cassidy; Jack Maker Subject: KIB foreclosed property within the City Amiee: As part of the tax foreclosure process, the Borough has received a Clerk's deed for the property at 1311 Larch St. (Lot 17, Bk. 7, Baranof Heights 1 Add.) within City limits (see attached photo). The dwelling has been secured with new locks and the property exterior cleaned up. The next step will be to advance this property toward a land sale, pending review by the Planning and Zoning Commission and determination by the Assembly that it is surplus to a public need. Until time of sale, the previous owner retains a right of repurchase. According to Alaska State Statute (29.45.450), a foreclosed property can he deeded to the municipality in which it is located if the municipality wants and pays taxes owed, as well as penalties and costs of foreclosure. The structure is in extremely poor condition. To this point, also attached is an evaluation of its condition by the Borough Assessor. I should like to know as soon as possible if the City might have an interest in paying delinquent taxes owed and taking deed to the property, so that, if not, we might otherwise schedule it for Planning and Zoning Commission review on the next agenda (deadline is Sept. 4 to initiate the process of disposal. Thank you. Bob Scholze Application} - Page 3 of 9 • - ,2 - • 4 4 4 :111 I tr if ill r ' r r 1 , 1$ 1 , , , ,7,‘,.' 16 it t Z:\ ,-,÷,,,,/ . ..,- .... , , f-, , .. <NJ - 1 ' * '': • :0. -41 4.,..n,..41.4.-P.:‘,. -0"-."17*1-4'.. I • •• -• . 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"t a .., , "�� 3 ( d a / : .. . _ R :.eT1 °'' 5 ,A1, , °----''' r F" p�" i , h41 �'� ' °'; Application - Page 7 of 9 Public Hearing Item 9 -A P &Z - Septemberr 19, 2012 August 16, 2012 photos of KIB Foreclosure Property Baranof Heights 1 Addition Block 7 Lot 17 / 1311 Larch Street t t 7 I , y : y- } f 4 '.1; j {' �t �< f -. :E L k t. " t X. "" 9� , u . ' .° .ffir `b { a •.t i° d '. ,ro f .- . YYY „ '° t ' `t, y ' t a ' ' z ` • r e „,„ • s T. 141 Q st ;;;;* , ns z F � ' .. ,. rx +;E:77 4 , k ) . a ,R. i "' i "o80.1 1)1 12:41 : l $ '' 3 v r- 'ii ,.. - 4 C > i y ' . - L t r . J y,, is � ��i''t t $ 4 F - .. t '4 t t t it,. i. 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(907) 486 - 9362 Fax (907) 486 - 9396 Print Form http: / /www.kodiakak.us Administrative Request Applicant Information: Property Owner / Applicant: 6 cOi 1 iC 1Su ' l a "<[ , w-u ; Mailing Address: 71 M s% .6. /Z[rz(ie_k Phone Number: �d m — 1301 1--� Other Contact email, etc.: p Agent & /or Surveyor. r: - k (<e c(P,.('c< 4_,r El _, -e—i Mailing Address: (\ Sn� 1 Phone Number: Other Contact email, etc.: ` N n ature /Purpose of Request: �p.J o.U.$O —��FZ �j„��t� +Cyt n(.e[�[ .%,) )�Z['.03[7 �7 I �rl J ie< �w c-I k�'Eie • tit 1 Od<� - st% thc. k ,14ve� Property Information: ' o ^ Legal Description: Subdv: 8/ ) QA ,..)c -f (' Lfz µVP, , 4IJ)' Block: ---7 Lot: f 7 Current Zoning: R Z Applicable Comprehensive Plan: r� Present Use of Property: Rte- c■ t_c I am providing additional information in the form of: Additional Narrative / History : X As -built Survey: Maps: Photographs: x Other: Date: st [ , i Signature: ir,, /' Payment Verification Fee Payable in Cashier's Office Room N 104 - Main floor of Borough Building Reconsideration of P &Z Commission Decision KIBC 17.215 r $150.00 Appeal to P&Z Commission KIBC 17.220 r $350.00 P &Z Commission Site Plan Review KIBC 17.130.020 r $150.00 P &Z Commission Screening Approval KIBC 17.105.060 1 U r siso.00 Title 18 Land Disposal Review KIBC 18.20.060 A '/ / $350.0_) Postponement at Petitioner's request - Public Hearing Item AUG 29 2012 r $100.00 Postponement at Petitioner's request - Non - Public Hearing Item p $ 25.00 f la : j ourougl Other 1--- $150.00 �C./ 2 '�;i,3►�aoment Date: —��/ / CDD Staff: / r , - A f I arni Application - Page 9 of 9 °y KODIAK ISLAND BOROUGH AGENDA STATEMENT REGULAR MEETING OF: OCTOBER 4, 2012 ITEM NO.: 13.C.2 TITLE: Ordinance No. FY2013 -06 Amending Title 2 Administration and Personnel Chapter 2.35 Conflict of Interest by Adding Section 2.35.015 Restrictions on Employment and Personal Services Contracts. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2013 -06 APPROVAL FOR AGENDA: SUMMARY STATEMENT: Requested by Assembly Member Stephens. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013 -06 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Assembly Requested by: Assembly Member Stephens I CORRECTED COPY Drafted by: Assembly Member Stephens 2 Introduced: 10/04/2012 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2013 -06 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 AMENDING THE KODIAK ISLAND BOROUGH CODE CHAPTER 2.35 CONFLICT OF 10 INTEREST, BY ADDING SECTION 2.35.015 RESTRICTIONS ON EMPLOYMENT AND 11 PERSONAL SERVICES CONTRACTS 12 13 WHEREAS, the simultaneous holding of more than one public office has been a 14 traditional subject of public concern; and 15 16 WHEREAS, the common law rule against the holding of incompatible offices has been 17 extended to include public employment; and 18 19 WHEREAS, many jurisdictions have enacted provisions prohibiting the holding of more 20 than one office or employment whether or not the positions were incompatible under 21 commons law; and 22 23 WHEREAS, offices and positions of public trust should not accumulate in a single 24 person; and 25 26 WHEREAS, individuals should be prevented from deriving, directly or indirectly, any 27 pecuniary benefit by virtue of dual position - holding; and 28 29 WHEREAS, an inherent conflict occurs when an employee's elected position has 30 revisory power over the employee's superior in another position; and 31 32 WHEREAS, it is important to ensure that public officeholders and public employees 33 discharge their duties with undivided loyalties; and 34 35 WHEREAS, a municipal officeholder who provides services under and is benefited by a 36 personal services contract with the municipality he or she represents is likely to be subject 37 to many of the same conflicts and divided loyalties which have led to the rule against dual 38 employment and office holding; and 39 40 WHEREAS, avoiding not only actual conflicts and improprieties but also the mere 41 appearance of impropriety on the part of public officeholders is of the utmost importance to 42 retaining public trust in government. 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 45 BOROUGH THAT: 46 47 Section 1: This ordinance is of a general and permanent nature and shall become a 48 part of the Kodiak Island Borough Code of Ordinances; 49 50 Section 2: A new Section 2.35.015 is hereby enacted and added to Chapter 2.35 51 Conflict of Interest of the Kodiak Island Borough Code to read as follows: 52 53 Kodiak Island Borough Ordinance No. FY2013 -06 Page 1 of 2 54 2.35.015 -- - - -- - - -- --- -- -- -• 55 Simultaneous employment of personal service contracts by mayor and assembly 56 members is prohibited. 57 A. Neither the borough mayor nor any member of the borough assembly shall, at 58 any time during his or her term of office, be employed by the borough in any 59 other capacity, including but not limited to part-time or temporary employment. 60 B. For purposes of this section, an individual who renders services under a 61 personal services contract between that person and the borough or any 62 department, division or board thereof or between an corporation, limited liability 63 company, partnership, or other entity in which the individual holds any 64 ownership interest and the borough or any department, division, or board 65 thereof shall be considered employed by the borough. 66 C. For purposes of this section, a "personal services contract" shall be defined as 67 including any contact or other agreement which calls for the rendition or 68 performance of a service or task regardless of whether or not goods or 69 equipment are also to be supplied or provided. 70 D. A violation of this section shall be grounds for termination of the violator's term 71 of office as well as termination of any contract of employment of personal 72 services contact between the violator and the borough. 73 74 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 75 THIS DAY OF 2012 76 77 78 KODIAK ISLAND BOROUGH 79 80 81 82 Jerome M. Selby, Borough Mayor 83 84 ATTEST: 85 86 87 88 Nova M. Javier, MMC, Borough Clerk 89 90 • Kodiak Island Borough • Ordinance No. FY2013 -06 Page 2 of 2 Introduced by: Borough Assembly Requested by: Assembly Member Stephens 1 Drafted by: Assembly Member Stephens 2 Introduced: 10/04/2012 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2013 -06 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 AMENDING THE KODIAK ISLAND BOROUGH CODE CHAPTER 2.35 CONFLICT OF 10 INTEREST, BY ADDING SECTION 2.35.015 RESTRICTIONS ON EMPLOYMENT AND 11 PERSONAL SERVICES CONTRACTS 12 13 WHEREAS, the simultaneous holding of more than one public office has been a 14 traditional subject of public concern; and 15 16 WHEREAS, the common law rule against the holding of incompatible offices has been 17 extended to include public employment; and 18 19 WHEREAS, many jurisdictions have enacted provisions prohibiting the holding of more 20 than one office or employment whether or not the positions were incompatible under 21 commons law; and 22 23 WHEREAS, offices and positions of public trust should not accumulate in a single 24 person; and 25 26 WHEREAS, individuals should be prevented from deriving, directly or indirectly, any 27 pecuniary benefit by virtue of dual position - holding; and 28 29 WHEREAS, an inherent conflict occurs when an employee's elected position has 30 revisory power over the employee's superior in another position; and 31 32 WHEREAS, it is important to ensure that public officeholders and public employees 33 discharge their duties with undivided loyalties; and 34 35 WHEREAS, a municipal officeholder who provides services under and is benefited by a 36 personal services contract with the municipality he or she represents is likely to be subject 37 to many of the same conflicts and divided loyalties which have led to the rule against dual 38 employment and office holding; and 39 40 WHEREAS, avoiding not only actual conflicts and improprieties but also the mere 41 appearance of impropriety on the part of public officeholders is of the utmost importance to 42 retaining public trust in government. 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 45 BOROUGH THAT: 46 47 Section 1: This ordinance is of a general and permanent nature and shall become a 48 part of the Kodiak Island Borough Code of Ordinances; 49 50 Section 2: A new Section 2.35.015 is hereby enacted and added to Chapter 2.35 51 Conflict of Interest of the Kodiak Island Borough Code to read as follows: 52 53 Kodiak Island Borough Ordinance No. FY2013 -06 Page 1 of 2 54 2.35.015 Restrictions on employment and personal services contracts. 55 A. Simultaneous employment of personal service contracts by mayor and 56 assembly members is prohibited. 57 B. Neither the borough mayor nor any member of the borough assembly shall, at 58 any time during his or her term of office, be employed by the borough in any 59 other capacity, including but not limited to part-time or temporary employment. 60 C. For purposes of this section, an individual who renders services under a 61 personal services contract between that person and the borough or any 62 department, division or board thereof or between an corporation, limited liability 63 company, partnership, or other entity in which the individual holds any 64 ownership interest and the borough or any department, division, or board 65 thereof shall be considered employed by the borough. 66 D. • For purposes of this section, a "personal services contract" shall be defined as 67 including any contact or other agreement which calls for the rendition or 68 performance of a service or task regardless of whether or not goods or 69 equipment are also to be supplied or provided. 70 E. A violation of this section shall be grounds for termination of the violator's term 71 of office as well as termination of any contract of employment of personal 72 services contact between the violator and the borough. 73 74 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 75 THIS DAY OF 2012 76 77 78 KODIAK ISLAND BOROUGH 79 80 81 82 Jerome M. Selby, Borough Mayor 83 84 ATTEST: 85 86 87 88 Nova M. Javier, MMC, Borough Clerk 89 90 Kodiak Island Borough Ordinance No. FY2013 -06 Page 2 of 2 ® Introduced by: Requested by: Introduced: Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2013- AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING CHAPTER 2.35 OF THE KODIAK ISLAND BOROUGH CODE, CONFLICT OF INTEREST, BY ADDING SECTION 2.35.015, RESTRICTIONS ON EMPLOYMENT AND PERSONAL SERVICES CONTRACTS. WHEREAS, the simultaneous holding of more than one public office has been a traditional subject of public concern; and WHEREAS, the common law rule against the holding of incompatible offices has been extended to include public employment; and WHEREAS, many jurisdictions have enacted provisions prohibiting the holding of more than one office or employment whether or not the positions were incompatible under common law; and • WHEREAS, offices and positions of public trust should not accumulate in a single person; and WHEREAS, individuals should be prevented from deriving, directly or indirectly, any pecuniary benefit by virtue of dual position - holding; and WHEREAS, an inherent conflict occurs when an employee's elected position has revisory power over the employee's superior in another position; and WHEREAS, it is important to insure that public officeholders and public employees discharge their duties with undivided loyalties; and WHEREAS, a municipal officeholder who provides services under and is benefited by a personal services contract with the municipality he or she represents is likely to be subject to many of the same conflicts and divided loyalties which have led to the rule against dual employment and office holding; and WHEREAS, avoiding not only actual conflicts and improprieties but also the mere appearance of impropriety on the part of public officeholders is of the utmost importance to retaining public trust in government; • NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: • ® Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code. Section 2: A new Section .015 is hereby enacted and added to Chapter 2.35 of the Kodiak Island Borough Code to read as follows: 2.35.015 Simultaneous employment or personal service contracts by mayor and assembly members prohibited. A. Neither the borough mayor nor any member of the borough assembly shall, at any time during his or her term of office, be employed by the borough in any other capacity, including but not limited to part - time or temporary employment. B. For purposes of this section, a individual who renders services under a personal services contract between that person and the borough or any department, division or board thereof or between a corporation, limited liability company, partnership or other entity in which the individual holds any ownership interest and the borough or any depart- ment, division or board thereof shall be considered employed by the borough. C. For purposes of this section, a "personal services contract" shall be defined as including any contract or other agreement which calls for the rendition or performance of a service or task regardless of ® whether or not goods or equipment are also to be supplied or provided. D. A violation of this section shall be grounds for termination of the violator's term of office as well as termination of any contract of employment or person services contract between the violator and the borough. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2012. KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor ATTEST: Nova M. Javier, MMC, Borough Clerk First Reading: ® Second Reading: Effective Date: ca 1.4. KODIAK ISLAND BOROUGH • `4 - � " AGENDA STATEMENT REGULAR MEETING OF: OCTOBER 4, 2012 ITEM NO.: 13.D.1 TITLE: Assembly Direction to Manager That All Further Performance and Payment Under Contract No. FY2012 -24, A Professional Services Contract Between KIB and Kodiak Construction Services, Together With Any and All Purchase Orders or Directives Issued in Reliance Thereon, Be Suspended Until Such Time As Said Contract Has Been Ratified and Approved Pursuant To An Ordinance Passed by the Assembly. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: APPROVAL FOR AGENDA: SUMMARY STATEMENT: Requested by Assembly Member Stephens. RECOMMENDED MOTION: Move to direct the Manager to suspend all further performance, payment, and actions of any kind under Contract No. FY2012 -24 a professional services contract between the Borough and Kodiak Construction Services, together with any and all purchase orders or directives issued in reliance thereon, be suspended until such time as said contract has been ratified and approved pursuant to an ordinance passed by the Borough Assembly; it being the intent of this motion that, until such an ordinance has been passed and becomes effective, said contract, purchase orders, and directives, if any, shall be treated as if never executed. Kodiak Island Borough Page 1 of 1 ADD to Agenda for Regular Meeting of 10/4: • OTHER ITEMS 1. Assembly Direction to Manager that All Further Performance and Payment Under Contract FY2012 -24, A Professional Services Contract Between the Borough and Assembly Person Chris Lynch, Together With Any and All Purchase Orders or Directives Issued In Reliance Thereon, Be Suspended Until Such Time As Said Contract Has Been Ratified and Approved Pursuant to an Ordinance Passed by the Assembly. MOTION TO BE MADE UNDER SAID AGENDA ITEM: MOVE to Direct the Manager to suspend all further performance, payment and actions of any kind under Contract FY2012 -24, A Professional Services Contract Between the Borough and Assembly Person Chris Lynch, Together With Any and All Purchase Orders or Directives Issued In Reliance Thereon, Be Suspended Until Such Time As Said Contract Has Been Ratified ® and Approved Pursuant to an Ordinance Passed by the Borough Assembly, it being the intent of this motion that, until such an ordinance has been passed and become effective, said contract, purchase orders and directives, if any, shall be treated as if never executed. 411 Kodiak Island Borough Assembly Regular Meeting Guidelines October 4, 2012, 7:30 p.m., Borough Assembly Chambers Please announce: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse any Assembly Member who may be 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 September 6, 2012. `• Contract No. FY2004 -61 E Kodiak Island Borough Legislative Consultant During the 2013 and 2014 Legislative Sessions. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES * Regular Meeting Minutes of September 6, 2012. / \ PLEASE ANNOUNCE: STOP. Due to the delay of the radio broadcast and web streaming, please place your \ / calls at this time to speak under Citizens Comments. Your call will be placed in a queue and answered at the appropriate time. Local: 486 -3231. Kodiak Island Borough Assembly Guidelines October 4, 2012 Page 1 6. AWARDS AND PRESENTATIONS A. Coast Guard Appreciation Day Proclamation — Mayor Selby • This proclamation will be provided to the Kodiak Chamber of Commerce. B. Domestic Violence Awareness Month Proclamation — Mayor Selby • Sandra Wilkins of Kodiak Womens' Resource and Crisis Center will accept. C. Fire Prevention Month Proclamation — Mayor Selby • Bayside Fire Chief Bob Himes will accept. D. Philippine National History Month — Mayor Selby • Mark Vizcocho of the Fil -Am Association will accept. 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486 -3231; Toll Free is 1- 855 - 492 -9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 8. COMMITTEE REPORTS — None. 9. PUBLIC HEARING A. Ordinance No. FY2013 -01A Amending Ordinance No. FY2013 -01 Fiscal Year 2013 Budget by Accepting Three Grants. Recommended motion: Move to adopt Ordinance No. FY2013 -01A. Staff Report — Administrative Official Cassidy Open public hearing. Read phone number: Local is 486 -3231; Toll Free is 1- 855 - 492 -9202 Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Continued on next page... Kodiak Island Borough Assembly Guidelines October 4, 2012 Page 2 B. Ordinance No. FY2013 -03 Amending Section 411.2 Longevity Pay of the Personnel Manual. Recommended motion: Move to adopt Ordinance No. FY2013 -03. Clerk's Note: Attached on white paper are comments regarding Ordinance No. FY2013 -03, and it has been requested that they be read into the record. Staff Report — Administrative Official Cassidy Open public hearing. Local is 486 -3231; Toll Free is 1- 855 - 492 -9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. C. Ordinance No. FY2013 -04 Amending Section 707 Sick Leave of the Personnel Manual. Recommended motion: Move to adopt Ordinance No. FY2013 -04. Clerk's Note: Attached on o - paper is a memo from Finance Director Short regarding the ordinance. Also attached on white paper are comments regarding Ordinance No. FY2013 -04, and it has been requested that they be read into the record. Staff Report — Administrative Official Cassidy Open public hearing. Local is 486 -3231; Toll Free is 1- 855 - 492 -9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. Kodiak Island Borough Assembly Guidelines October 4, 2012 Page 3 13. NEW BUSINESS A. Contracts 1. *Contract No. FY2004 -61E Kodiak Island Borough Legislative Consultant During the 2013 and 2014 Legislative Sessions. B. Resolutions — None. C. Ordinances for Introduction 1. Ordinance No. FY2013 -05 Determining the Disposition of a Tax Foreclosed Property and Establishing Intention to Surplus and Sell Said Property by Finding That a Public Need Does Not Exist for the Property and Authorizing the Property for Immediate Disposal (P &Z Case 13 -001). Recommended motion: Move to adopt Ordinance No. FY2013 -05 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Ordinance No. FY2013 -06 Amending Title 2 Administration and Personnel Chapter 2.35 Conflict of Interest by Adding Section 2.35.015 Restrictions on Employment and Personal Services Contracts. Recommended motion: Move to adopt Ordinance No. FY2013 -06 in first reading to advance to public hearing at the next regular meeting of the Assembly. Clerk's Note: A corrected copy of Ordinance No. FY2013 -06 is attached on blue paper. Staff Report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. \ PLEASE ANNOUNCE: `STOP. Due to the delay of the radio broadcast and web streaming, please place your \ / calls at this time to speak under Citizens Comments. Your call will be placed in a queue and answered at the appropriate time. Local: 486 -3231. Continued on next page... Kodiak Island Borough Assembly Guidelines October 4, 2012 Page 4 • D. Other Items 1. Assembly Direction to Manager That All Further Performance and Payment Under Contract No. FY2012 -24, A Professional Services Contract Between KIB and Kodiak Construction Services, Together With Any and All Purchase Orders or Directives Issued in Reliance Thereon, Be Suspended Until Such Time As Said Contract Has Been Ratified and Approved Pursuant To An Ordinance Passed by the Assembly. Recommended motion: Move to direct the Manager to suspend all further performance, payment, and actions of any kind under Contract No. FY2012 -24, a professional services contract between the Borough and Kodiak Construction Services, together with any and all purchase orders or directives issued in reliance thereon, be suspended until such time as said contract has been ratified and approved pursuant to an ordinance passed by the Borough Assembly; it being the intent of this motion that, until such an ordinance has been passed and becomes effective, said contract, purchase orders, and directives, if any, shall be treated as if never executed. Staff Report — Administrative Official Cassidy 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 number: Local is 486 -3231; Toll Free is 1- 855 - 492 -9202. 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 next Assembly work session will be held on Thursday, October 11 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, October 18 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 October 4, 2012 Page 5 / KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET h apt IP Regular t/ Special Date: 1,0 L t/ (4 I D Convened: Recessed: Reconvened: Adjourned: BY: BY: 10 BY: KCMG lait BY: ka naVt_} BY: S ``,,,� .. I SECOND: SECOND: p N r 1 SECOND: �' V`ts`^ r Bak_ SECOND: ��IIJJ 0A SECOND: I` 1 t4 2 V�t ' `awl Ord J 4 tJ ad�� - D l 8 �� s h D Gee1/4j ,\,\IV At? 03 YES NO YES. NO YES, NO • YES NO YES NO . . - Ms. Austerman ✓ Ms. Austerman Ms. AustermaI Y „ / Ms. Austerman Ms. Austerman V Mr. Bonney ✓ Mr. Bonney Mr. Bonney c p / Mr. Bonney Mr. Bonney ». V Mr. Friend Mr. Friend Mr. Friend ✓ Mr. Friend Mr. Friend 17 Mr. Kaplan V. Mr. Kaplan Mr. Kaplan V Mr. Kaplan Mr. Kaplan Ms. Lynch Ms. Lynch Ms. Lynch ✓! Ms. Lynch Ms. Lynch Mr. Stephens >, ` Mr. Stephens Mr. Stephens V Mr. Stephens Mr. Stephens V Ms. Stutes V . / Ms. Stutes Ms. Stutes ✓ Ms. Stutes Ms. Stutes 17 [CHANGE OF VOTE? HANGS OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE) ,_ TOTAL: TOTAL: TOTAL: ri 0 TOTAL: TOTAL: ( 1 The mayor may of vote except in the case where only six members of the asse bly are present and there is a three /three tie vote of the assembly. Mayor Selby 1 Mayor Selby Mayor Selby Mayor Selby Mayor Selby I; KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET b Regular \/ Specia : . ?D D ate : �OI 0� � p� �I °Q°C�� /// Convened: Recessed: Reconvened: W 1^" Adjourned: BY: (411 BY: I BY: 1 BY: ' /J �� BY: ��P/Y SECOND: t ' ' 3 SECOND:%J,`� ; PJ b SECOND: lJ SECOND: c t , SECOND: `l o\ ,DA Urdu OIS At92-oce \ratykimL€9.1 _ Nit - 4 crt-fAt 1/-4 - YES, NO YES NO YES NO YES NO YES NO / Ms. Austerman Ms. Austerman , / Ms. Austerman ✓ Ms. Austerman ' J Ms. Austerman V Mr. Bonney Mr. Bonney 1 Mr. Bonney V! Mr. Bonney V. �/ / Mr. Bonney Mr. Friend Mr. Friend ` / Mr. Friend , / Mr. Friend , / Mr. Friend v ✓ ,/ Mr. Kaplan Mr. Kaplan ✓ Mr. Kaplan a v , ' Mr. Kaplan V , / Mr. Kaplan Ms. Lynch Ms. Lynch ✓ Ms. Lynch t / Ms. Lynch d +�C/ a v ✓ M Lynch V Mr. Stephens Mr. Stephens /✓ Mr. Stephens V ✓ Mr. Stephens / Mr. Stephens Ms. Stutes Ms. Stutes Ms. Stutes , / Ms. Stutes V Ms. Stutes r [CHANGE OF VOTE? HANGE OF VOTE? C HAN OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE'? CHANGE OF VOTE TOTAL: TOTAL: ( 1 TOTAL: ( p 1 TOTAL: 9 (, TOTAL: � The mayor may not vote except in the case where only six members of the assembly are present and there is a three /thrae tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby r KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET 3 n Regular Special Date: 04 "� S ' t /� ) Convened: Recessed: Reconvened: Adjourned: '� r BY: K f, nl n/' � BY: BY: BY: BY: SECOND : l SECOND: SECOND: SECOND: SECOND: YES NO YES: NO YES NO YES NO YES NO Ms. Austerman / Ms. Austerman Ms. Austerman Ms. Austerman Ms. Austerman Mr. Bonney ✓ Mr. Bonney Mr. Bonney Mr. Bonney Mr. Bonney Mr. Friend ‘1,./' Mr. Friend Mr. Friend Mr. Friend Mr. Friend Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan Ms. Lynch ✓/ Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch Mr. Stephens Mr. Stephens Mr. Stephens Mr. Stephens Mr. Stephens M Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes [CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?j TOTAL: (o T) TOTAL: TOTAL: TOTAL: TOTAL: The mayor m y 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 REGULAR MEETING Regular Meeting of: 04 4 rDL02 Please PRINT your name Please PRINT you2name e � u S cv // nrdick A r/t)a— C\ - Al/CV k0 &&'/ % �� aSi \ �,, \\/,-, �. 06 ,tee